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Friday 19 July 2013
Physician Pleads Guilty to Filing A False Income Tax ReturnRead the Press Release
PITTSBURGH - A resident of Allegheny County pleaded guilty in federal court to a charge of filing a false tax return, United States Attorney David J. Hickton announced today.
Neil M. Niren, M.D. pleaded guilty to one count before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Niren, who operated his medical practice as a sole proprietorship, knowingly filed a false income tax return for 2005. Niren also accepted responsibility for filing false tax returns for years 2006 through 2008. Niren maintained two sets of accounting books and knowingly concealed payments received directly from patients. The total amount of tax loss to the federal government as a result of Niren’s false returns is $356,998.00.
Judge Schwab scheduled sentencing for Nov. 8, 2013 at 10:00 a.m. The law provides for a maximum total sentence of not more than 3 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentence, the court released Niren on bond.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The United States Internal Revenue Service, Criminal Investigation conducted the investigation that lead to the prosecution of Niren.
Parking Lot Manager Sentenced to 40 Months for Conspiring to Steal Approximately $1.4 Million in Parking Fees from Aircraft MuseumRead the Press Release
ALEXANDRIA, Va. – Abeselom Hailemariam, 33, of Alexandria, Va., was sentenced to 40 months in prison followed by 3 years of supervised release, and ordered to pay approximately $1.4 million in restitution, for his role in a conspiracy to steal approximately $1.4 million of visitor-parking fees from the Smithsonian Institution’s Steven F. Udvar-Hazy Center in Chantilly, Va.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Scott S. Dahl, Inspector General for the Smithsonian Institution; and Valerie Parlave, Assistant Director in Charge of the FBI Washington Field Office, made the announcement after sentencing by United States District Judge T.S. Ellis, III.
Hailemariam pleaded guilty on April 19, 2013, to conspiracy to commit theft of public money, and he is the third person to be sentenced for participating in a multi-year scheme to steal parking fees at the museum.
From March 2009 to August 2012, Hailemariam was a full-time location manager for Parking Management Inc. (“PMI”), a D.C. based firm which held a contract with the Smithsonian to manage its 2,000-vehicle parking lot. During that time, Defendant participated in a conspiracy to steal parking revenues and began sharing in the stolen revenues taken by PMI booth attendants. With Hailemariam’s knowledge and approval, the booth attendants withheld parking ticket stubs from paying customers and unplugged electronic vehicle counters in the entrance booths. Hailemariam generated and submitted falsified operations reports to PMI, which were provided to the Smithsonian. The co-conspiring booth attendants paid Hailemariam a share of the stolen revenues at the end of the day by bundling unreported cash with their shift summary reports. Hailemariam also gave instructions to conspiring booth attendants to stop stealing at certain times when he believed the risk of detection of the conspiracy was high. The total loss due to the conspiracy is at least $1,383,195. Based on the $15 entrance fee, it is estimated that Hailemariam participated in a conspiracy that stole from at least 92,213 museum visitors.
Prior to today’s guilty plea, former PMI employees Meseret Terefe, 37, of Silver Spring, Md. and Freweyni Mebrahtu, 46, of Sterling, Va., have been sentenced to 20 months and 27 months in prison, respectively, for their roles in the thefts.
The case was investigated by Smithsonian Office of the Inspector General and the Federal Bureau of Investigation. Assistant United States Attorney Jasmine Yoon and Special Assistant United States Attorney James McDonald prosecuted the case on behalf of the United States
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Owner of New York Construction Company Indicted for Tax FraudRead the Press Release
The Justice Department and Internal Revenue Service (IRS) announced that Gurmail Singh, of Richmond Hill, N.Y., was arrested yesterday following his indictment on July 11, 2013, for multiple tax crimes. The indictment was unsealed yesterday following his arrest.
According to the indictment, Singh owned Fancy and Vicky Construction Co. Inc., a construction company in Richmond Hill. As alleged in the indictment, Singh used check-cashing services to cash more than $2.9 million of checks paid to his construction company for services between 2006 and 2008. He concealed his check-cashing activities from his tax return preparers, and this income was not included as gross income on the company’s tax returns. Singh also diverted cash receipts earned by his companies for his own personal use.
The indictment alleges that Singh filed false 2006 and 2007 corporate income tax returns for Fancy and Vicky Construction, failed to file a 2008 corporate income tax return for Fancy and Vicky Construction and failed to file individual income tax returns for 2007 and 2008. Singh faces a potential maximum sentence of nine years in prison and a potential fine of up to $800,000.
A trial date has not been scheduled. An indictment merely alleges that a crime has been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Kathryn Keneally, Assistant Attorney General for the Justice Department's Tax Division, commended the efforts of special agents of IRS–Criminal Investigation, who investigated the case, and Tax Division Trial Attorneys Mark Kotila and Jeffrey Bender, who are prosecuting the case.
Orange Village Man Sentenced to Two Years in Prison, Ordered to Pay $1.9 Million for Health Care FraudRead the Press Release
A man who lives in Orange, Ohio and admitted to overbilling Medicaid and Medicare was sentenced to two years in prison and ordered to pay more than $1.9 million, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Divyesh “David” C. Patel, 40, pleaded guilty last year to one count of conspiracy to commit health care fraud and four counts of health care fraud.
“This defendant defrauded the public out of nearly $2 million by forging signatures, billing for services that were never provided or were performed by aides with criminal records,” Dettelbach said. “This sentence should send a message to those who would engage in health care fraud that they will end up in prison and stripped of the money they steal.”
Patel and his company Alpine Nursing Care, Inc., located at 4753 Northfield Road, Suite 5, North Randall, Ohio, employed Belita Mable Bush, as the office manager and director of provider services from June 1, 2006 through October 18, 2009, according to court documents.
Patel and Alpine employed Bush to prepare and submit the billings to Medicaid and Medicare for reimbursement for services provided by Alpine as a home health care provider, even though Patel knew that Bush had been previously convicted of a health care-related felony that excluded Bush from being involved in any way with Alpine’s Medicaid and Medicare billings, according to court documents.
In addition to the fact that Bush was excluded from handling Alpine’s medical billings, Patel was aware that Bush falsified documents related to health care services allegedly provided to home health patients where the services were never provided, or were provided by home health aide that had previous criminal convictions that excluded them from providing health services in people’s houses, according to court documents.
As a result of the conspiracy, Medicaid and Medicare suffered a loss of more than $1.9 million, according to court documents.
Bush pleaded guilty to making a false statement and is scheduled to be sentenced on Aug. 20.
This case is being prosecuted by Assistant U.S. Attorney Mark Bennett and Special Assistant General Constance Nearhood, following an investigation by the Office of the Inspector General, Department of Health and Human Services, Cleveland; Ohio Attorney General’s Office, Medicaid Fraud Control Unit; and the Federal Bureau of Investigation, Cleveland.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Oglala Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 8, 2013, by Chief Judge Jeffrey L. Viken, United States District Court.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Tristan Yellow Horse, age 27, was sentenced to 18 months’ imprisonment and ordered to pay $100 to the Federal Crime Victims Fund.
On February 7, 2011, the victim and others were drinking alcohol and watching the Super Bowl at the victim’s house. Yellow Horse showed up at the victim’s house following the game and was eventually asked to leave. As he was being walked to the door, Yellow Horse punched the victim in the face and knocked him to the ground, causing a dislocated shoulder resulting in extreme pain. He pled guilty on March 8, 2013.Nigerian Sentenced to Federal Prison for Threatening Family of ICE AgentRead the Press Release
WICHITA, KAN. – A Nigerian student who was convicted of possessing a firearm that he fired from a Wichita apartment balcony has been sentenced to an additional five years in prison for threatening the family of a federal agent, U. S. Attorney Barry Grissom announced Friday.
The Nigerian, Osayuwame Bazuaye, 22, had resided in Wichita since 2008, entering the United States on a student visa. Bazuaye attended Butler County Community College and Wichita State University. In January 2012 he was arrested and charged with unlawful possession of a firearm and ammunition. The charge was the result of an incident at Bazuaye’s apartment near 21st and Woodlawn in Wichita during which he fired a handgun from his balcony.
While in custody on those charges, in October 2012, Bazuaye allegedly threatened to sexually assault the wife and daughter of a deportation officer of Enforcement and Removal Operations (ERO), part of the U.S. Department of Homeland Security. He was convicted May 1 by a federal jury here of making those threats and was sentenced Friday by U.S. District Judge Eric F. Melgren. The judge ordered a 60-month sentence to run consecutively to the 24-month sentence he is serving in the firearms arms case.
“Our deportation officers, immigration agents and Homeland Security investigators tend to get overlooked for the difficult jobs they do,” Grissom said Friday. “They have the very difficult task of dealing with a wide range of immigration issues that most people know little or nothing about. I will not tolerate threats against immigration officers or any other federal law enforcement officers or their families.”
Bazuaye faces removal to Nigeria after he completes his federal prison sentence. Grissom praised ERO for its investigation of the case and Assistant U.S. Attorney Brent Anderson for his prosecution.
Newport News Men Charged with MurderRead the Press Release
NEWPORT NEWS, Va. – Antonio J. Fuller, 23, and Kevin L. Ashby, 25, both of Newport News, Va., were indicted by a federal grand jury on June 17, 2013, for participating in a criminal organization that engaged in acts of violence, including five murders, as well as narcotics distribution and weapons violations.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; FBI Special Agent in Charge Royce E. Curtin, and James D. Fox, Chief of Newport News Police, made the announcement after the court documents were filed.
According to the indictment, both defendants were alleged to be part of a criminal organization known locally as “Thug Relations,” alternatively known as “the Duct,” “Warwick Lawnz,” “TR,” and “from the Duct to the Lawnz,” a neighborhood gang operating in the Aqueduct Apartments, St. Michael’s Apartments, Mariner’s Landing Apartments, Heritage Trace Apartments, as well as Warwick Lawns, Warwick Town Home, Sharon Drive, and the Savage Drive areas of Newport News, Virginia. The alleged gang members are accused in the indictment of protecting their criminal enterprise and activities through murder, attempted murder, witness intimidation, robbery, and narcotics distribution. Specifically, both defendants are charged with operating a racketeering enterprise responsible for violent acts including the murders of Andre Horton and Andre Julius Johnson on May 17, 2009. In addition, Fuller is charged with the murder of Christian Hatch on November 4, 2009, and Kevin Ashby is charged with the murder and robbery of Lafayette Bailey on December 15, 2009, and the murder and robbery of Lloyd Robinson on January 8, 2010. The indictment also charges the two with the attempted murder of two other individuals injured during the murders of the named victims.
To-date, the prosecution of “Thug Relations” gang members has resulted in a total of forty-three (43) federal convictions for gang related violence and murder, including the recent plea by Aronte Jarvis for the murder of Jonte Terry in the Kmart parking lot in Newport News on February 3, 2008.
This investigation was led by FBI and the Safe Streets Task Force, with assistance from the Newport News Police and the Virginia State Police. Assistant United States Attorneys Howard J. Zlotnick and Lisa R. McKeel, and Special Assistant United States Attorney Jonathan A. Ophardt are prosecuting the case on behalf of the United States.
The public is reminded that an indictment only contains charges and is not evidence of guilt. A defendant is presumed innocent unless and until proven guilty.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.
New Orleans Man, Jordan A. Sanchez, Pleads Guilty to Mail Fraud in Fraudulent Oil Spill ClaimRead the Press Release
JORDAN A. SANCHEZ, age 27, a resident of New Orleans, Louisiana, pled guilty yesterday in federal court before U. S. District Judge Jane Triche Milazzo, to a one-count indictment charging him with mail fraud, announced U. S. Attorney Dana J. Boente.
According to court documents, SANCHEZ submitted a fraudulent claim to the Gulf Coast Claims Facility claiming that he lost his job with a local catering company in New Orleans as a result of the oil spill. In support of his claim, SANCHEZ submitted a fraudulent letter from the catering company stating that he was terminated because the oil spill affected their business to the point where they could no longer keep him on the payroll. Shortly after submitting the claim form, the Gulf Coast Claims Facility mailed a check for $27,000 to SANCHEZ. After the payment was issued, an investigator with the Gulf Coast Claims Facility contacted the owner of the catering company to discuss SANCHEZ’S work history. The owner stated that she never operated her business in New Orleans and that SANCHEZ never worked for her. On September 28, 2012, an agent with the FBI interviewed SANCHEZ about the matter. SANCHEZ admitted that the claim he filed with the Gulf Coast Claims Facility was fraudulent.
SANCHEZ faces a maximum term of imprisonment of 20 years, a fine of up to $250,000, and three years of supervised release following imprisonment. Sentencing is scheduled for October 17, 2013, at 10:00am.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected] or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
The case was investigated by special agents with the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Spiro Latsis.
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New Haven Man Sentenced to More Than Four Years in Prison for Distributing NarcoticsRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, today announced that CORNELL STREATER, also known as “Messy,” 21, of New Haven, was sentenced yesterday by Senior U.S. District Judge Warren W. Eginton in Bridgeport to 50 months of imprisonment, followed by three years of supervised release, for distributing crack cocaine.
According to court documents and statements made in court, this matter stems from an investigation conducted by the FBI New Haven Safe Streets Task Force, the New Haven Police Department and the Connecticut State Police into drug distribution and related violence allegedly being committed by members and associates of the Grape Street Crips in New Haven.
On April 9, 2012, a grand jury returned an indictment charging 18 individuals, including STREATER, with narcotics distribution offenses stemming from this investigation. To date, nine of the defendants have pleaded guilty. The other nine defendants are detained while awaiting trial.
STREATER has been in custody since his arrest on April 17, 2012. On February 14, 2013, he pleaded guilty to one count of conspiracy to possess and distribute cocaine base (“crack cocaine”).
With respect to the defendants awaiting trial, Acting U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The investigation in this case was funded in significant part by the United States Attorney’s Office Organized Crime Drug Enforcement Task Force and supported by the Office’s Project Safe Neighborhoods and Anti-Gang programs.
This case is being prosecuted by Assistant United States Attorneys Anthony Kaplan and Gordon Hall.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Nelson Travis Alexander Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 18, 2013, before U.S. Magistrate Judge Keith Strong, NELSON TRAVIS ALEXANDER, a 47-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Indian Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for October 22, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On December 2, 2012, ALEXANDER intentionally assaulted K.A., striking her in the face with his closed fists and causing her serious bodily injury.
ALEXANDER's assault on K.A. came without warning, breaking her nose, fracturing her jaw, and causing extreme swelling to her face. She was flown to the hospital in Great Falls and hospitalized for several days.
The assault occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
ALEXANDER faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
More Defendants Sentenced Today in Major Methamphetamine ConspiracyRead the Press Release
WICHITA FALLS, Texas — Four additional defendants, who pleaded guilty to their respective roles in a major methamphetamine distribution conspiracy that they operated in Wichita Falls, were sentenced today by U.S. District Judge Reed C. O’Connor. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
The following defendants were sentenced today:
- Kimberly Williams, 26, sentenced to 72 months in federal prison
- Sergio Arias, 27, sentenced to 170 months in federal prison
- Diana Gail Hassell, 45, sentenced to 78 months in federal prison
- Patrick Herrian, 37, sentenced to 110 months in federal prison
Williams and Arias each pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute methamphetamine. Hassell and Herrian each pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute and to possess with intent to manufacture methamphetamine.
Williams admitted that on multiple occasions between October 26, 2011, and August 23, 2012, she delivered quantities of methamphetamine, and picked up payments for methamphetamine, from customers in the Wichita Falls area. She also admits that on August 7, 2012, co-conspirator Dock Buckaloo delivered a quantity of methamphetamine to co-defendant’s Steve Ysasaga at Ysasaga’s house in Arlington, Texas. After Buckaloo delivered the methamphetamine, it was concealed in a Power Pack and placed in the rear of Ysasaga’s white Chevrolet pick-up truck. Later in the day, Ysasaga, accompanied by Williams in the front seat and another female in the back seat, drove the truck to Wichita Falls. The vehicle was stopped in Wichita Falls for a traffic violation and Texas Department of Public Safety (DPS) Troopers arrested Ysasaga on an outstanding warrant. A drug detection canine alerted on the truck and a search resulted in DPS seizing approximately 529 grams of methamphetamine that was concealed in the Power Pack.
While Troopers were searching the truck, Williams informed them that she had methamphetamine concealed in her body cavity. A later analysis revealed that she had 4.73 grams of methamphetamine concealed in her body. Troopers also found pages of notes in Williams’ purse that identified 13 individuals and amounts of money they owed Ysasaga for methamphetamine.
On August 13, 2012, in a transaction brokered by Buckaloo, Arias, a supplier, agreed to deliver two pounds of methamphetamine to Ysasaga, at his Arlington residence, for $23,000. That afternoon, Buckaloo picked up Arias who intended to accompany Buckaloo in delivering the methamphetamine to Ysasaga. However, at approximately 3:45 p.m., DPS agents initiated a traffic stop in Arlington of Buckaloo’s car. A drug detection canine alerted and approximately 894 grams of methamphetamine was found in a container that Arias had placed in the trunk of the car.
Hassell admitted that on at least 10 occasions in 2011, she allowed co-conspirators Randall Wayne Ezzell and James Allen Stafford to use her residence in Wichita Falls to manufacture methamphetamine, and in return, she received a quantity of the methamphetamine generated from the cooks. In fact, on December 5, 2011, when a state search warrant was executed at her residence, she, Ezzell and Stafford were present when law enforcement discovered a clandestine methamphetamine laboratory in operation.
Herrian admitted that on multiple occasions between July 2011 and June 19, 2012, he received quantities of methamphetamine from Ysasaga and distributed it to co-conspirators Tommy Vasquez, Corey Peeler and others in the Wichita Falls area. Herrian also admitted that on three occasions, he sold methamphetamine to an undercover law enforcement officer, and on another occasion, he sold not only methamphetamine, but three firearms and ammunition to an undercover officer.
To date, 29 of the 39 defendants charged in this conspiracy have entered guilty pleas; a total of 27 defendants have been sentenced. The case against one defendant has not been resolved.
This Organized Crime and Drug Enforcement Task Force (OCDETF) case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Texas Department of Public Safety and the Wichita Falls Police Department. Assistant U.S. Attorney Mary F. Walters is in charge of the prosecution.
Michael Thomas Bad Old Man Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 17, 2013, before U.S. Magistrate Judge Keith Strong, MICHAEL THOMAS BAD OLD MAN, a 21-year-old resident of Cut Bank and an enrolled member of the Blackfeet Tribe, pled guilty to burglary. Sentencing has been set for October 22, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 4, 2012, "Jane Doe" was in Great Falls because her father was in the hospital. Three individuals walked by her residence in Browning, which was located within the exterior boundaries of the Blackfeet Indian Reservation.
On February 4, 2012, a neighbor was out on his porch and observed three male individuals walking by his neighbor's residence. While he saw the three individuals walking by the residence, he did not see them pass by. He then heard three kicks and he knew that someone was breaking into "Jane Doe's" residence. He told his wife to call their son who is an officer with the Blackfeet Law Enforcement Services.
His wife called their son and then she grabbed her camera. When their son, the officer, pulled up, the officer and the neighbor went into "Jane Doe"'s residence. The neighbor's wife then took pictures of all three individuals running out of the house. The burglary occurred in broad daylight.
The individuals who broke into the house then climbed the fence, and one escaped. BAD OLD MAN and "X.X." were caught. BAD OLD MAN had items in his pockets. While waiting for law enforcement to arrive, BAD OLD MAN stated that he was going to kill the neighbor and the officer when he gets out of jail.
After backup arrived, the officer took pictures of "Jane Doe's" front door to the residence. The door was damaged. The officer stated that he was able to identify all three defendants by name when he saw them in the residence.
While at jail, a detention officer patted down BAD OLD MAN and found numerous earrings, a knife, a zippo lighter, a metal box, a heart-shaped ring, two NFL star earrings, a pink wrist band with pendant, and a rosary with a white pendant. These items were photographed.
Jane Doe" identified the items that were found on BAD OLD MAN as belonging to her. "Jane Doe's" daughter explained that BAD OLD MAN was in her house before and knew that it was "Jane Doe's" house. "Jane Doe's" daughter estimated that BAD OLD MAN had been in the house approximately five times.
BAD OLD MAN faces possible penalties of 20 years in prison, a $50,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
Man Sentenced to 35 Months Imprisonment for Bank Fraud and Money LaunderingRead the Press Release
James L. Santelle, the United States Attorney for the Eastern District of Wisconsin, announced that on Thursday, July 18, 2013, Judge Lynn Adelman sentenced James Scalzo, 46, of Kenosha, Wisconsin to 35 months in prison for his role in a bank fraud and money laundering scheme. Scalzo was also ordered to serve three years supervised release following his prison term and to pay $200 in special assessments. Restitution is to be determined at a later date.
In January 2013, Scalzo pled guilty to a criminal information charging him with a bank fraud scheme, a violation of Title 18, United States Code, Section 1344, and money laundering in violation of Title 18, United States Code, Section 18 U.S.C. section 1956. Scalzo faced up to 30 years for the bank fraud offense and up to 20 years on the money laundering count.
Between April 1, 2008 and October 31, 2009, while employed as a bank officer at Fox River State Bank in Burlington, Wisconsin and then Consumer’s Credit Union in Round Lake Beach, Illinois, Scalzo originated and approved multiple fraudulent loans. Scalzo then directed funds to be taken from the loans and transferred by cashier’s check or wire, to accounts in which he had a personal interest. Some of the loan funds were applied against earlier loans in order to conceal the fraud. More than $1.4 million in loan funds were involved.
The case involved not only an abuse of the trust of the financial institutions that employed Scalzo, but also caused personal and financial hardship to unknowing citizens. Among the victims was a couple whose home Scalzo had pledged as collateral for one of the fraudulent loans and then allowed to go into foreclosure.
The case was investigated by the Internal Revenue, Criminal Investigation and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Carol L. Kraft.
# # #Man Pleads Guilty to Making Bomb Threats at Minneapolis-St. Paul International Airport and MOARead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a 22-year-old man, formerly of Maine, pleaded guilty to making bomb threats at the Minneapolis-St. Paul International Airport and the Mall of America (“MOA”). Dana William Ashey pleaded guilty to one count of false information and hoaxes. Ashey, who was indicted on May 13, 2013, entered his plea before United States District Court Judge Susan Richard Nelson.
In his plea agreement, Ashey admitted that on April 12, 2013, he threatened that bombs had been planted at both the airport and the MOA. According to a law enforcement affidavit filed in the case, the airport’s police dispatch received a bomb threat at 2:37 a.m., on April 12, 2013, with a warning that a bomb placed in a restroom could go off by 3:00 a.m. At 2:42 a.m. that same day, another bomb threat was phoned in to security dispatch for the MOA. The caller in that instance stated that the bomb had been placed in a restroom. A search of the mall yielded no bomb. At 2:17 p.m., the mall’s switchboard operator received yet another bomb threat. Authorities traced the call and found the man still inside the MOA. The man, later identified as Ashey, possessed the cell phone that was used to deliver the bomb threats.For his crime, Ashey faces a potential maximum penalty of five years in federal prison. Judge Nelson will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by the Federal Bureau of Investigation’s Joint Terrorism Task Force, the Minneapolis-St. Paul International Airport Police Department, the Bloomington Police Department, and the MOA Security. It is being prosecuted by Assistant U.S. Attorney Andrew R. Winter.
Lexington Man Sentenced to 168 Months for Distributing Child PornographyRead the Press Release
LEXINGTON, KY - A Lexington man, who made child pornography videos available for download over the internet, has been sentenced to 168 months in federal prison.
On Thursday, U.S. District Judge Karen Caldwell sentenced 29 year-old Brett Michael Compton for distribution of child pornography and ordered him to serve 25 years of supervised release following the completion of his prison sentence. Compton is also required to register as a sex offender for the remainder of his life.
According to court documents, in October 2011, an undercover law enforcement agent located two online videos depicting children engaged in sexually explicit conduct. Agents later discovered that Compton had posted these videos from his computer. The videos contained images of prepubescent children.
In December of 2011, during the execution of a search warrant, authorities found approximately 60,000 child pornography images on Compton’s home computer.
Under federal law, Compton must serve at least 85 percent of his prison sentence.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, Perrye Turner, Special Agent in Charge, Federal Bureau of Investigation, and Jack Conway, Kentucky Attorney General, jointly announced the sentence.
The investigation was conducted by the Cyber Crimes Unit with the Kentucky Attorney General’s Office, and the FBI. The U.S. Attorney’s Office was represented in the case by its Fort Mitchell Branch Office.
Key Atlanta Drug Distributors SentencedRead the Press Release
ATLANTA - Glenn A. Cook has been sentenced to serve over ten years in federal prison on charges of conspiracy to possess and distribute cocaine, money laundering, and possession of a firearm during a drug offense.
“A four-month investigation of two Atlanta area cocaine suppliers led to the prosecution of numerous individuals in the distribution chain and stopped key players from continuing to sell cocaine throughout Georgia,” said United States Attorney Sally Quillian Yates. “The combined effort of federal, state, and local law enforcement led to the removal of dangerous drugs and guns from our community.”
According to United States Attorney Yates, the charges and other information presented in court: Cook is the last of five defendants to be sentenced in this case, which arose from an investigation of regional cocaine distributors in Georgia that took place from October 2010 through January 2011. Cook and co-defendant Vincent Lamar Hall, known as “the Million Dollar man,” served as the two main sources of cocaine for another defendant, T’Michael Djuan Jones. Together, Cook and Hall distributed a total of 676 kilograms of cocaine to Jones and others. Jones in turn distributed cocaine to co-defendants Phillip La Shawn Massey and Anthony Gasque as well as others in the Macon and Brunswick areas.
During the investigation, law enforcement used Title III wiretaps to disrupt a two-kilogram cocaine transaction on October 11, 2010, that was worth $60,000 to Jones and Massey. Massey fled on foot from law enforcement, leaving behind the drugs and a gun.
On October 25, 2010, law enforcement also recovered four kilograms of cocaine that had been discarded by Gasque once he became aware the police were following him. Once the four kilograms of cocaine were tossed, Jones and Massey came up with a plan to rob Cook near his residence to replace the lost cocaine. Jones and Massey targeted Cook’s couriers, but the gun misfired and the couriers got away. As Cook was unaware of this plan, Jones continued to order large quantities of cocaine from Cook, some of which were intended for Massey.
Cook and Hall each lived in lavish homes with surveillance cameras on their properties to detect any individuals coming onto the property. Both men forfeited their personal residences, more than $50,000 in cash and bank funds, numerous high-end automobiles, including a Maserati and a fully-restored 1959 Thunderbird, two waverunners and an ATV, jewelry valued at more than $20,000, and assorted electronic equipment.“This organization’s cocaine trafficking activities clearly fed many illicit drug users. Because of the large volume of drugs involved, their sentences are appropriate and they will spend well-deserved time in prison,” said Harry S. Sommers, Special Agent in Charge of the DEA Atlanta Field Division. “I commend our local law enforcement counterparts who played a crucial role in conducting this investigation.”
“IRS Criminal Investigation not only enforces the nation’s tax laws, but we also take particular interest in cases where the public is at risk due to unlawful activity occurring in our neighborhoods,” stated Veronica Hyman-Pillot, Special Agent in Charge. “We are proud to have contributed our financial skills in a united effort to thwart this organizations ability to launder money and commit crimes against our community.”
Cook, 41, of Atlanta, Ga., pleaded guilty on May 2, 2012, to conspiracy to possess at least 50 kilograms of cocaine, with the evidence demonstrating that he was responsible for approximately 646 kilograms. Cook was sentenced to ten years and one month in prison to be followed by five years of supervised release, and 100 hours of community service.
The other defendants previously sentenced in the case include:
- Vincent Lamar Hall, 42, of Lithonia, Ga., on October 11, 2012, received 12 years, 7 months in prison for conspiracy to possess at least 5 kilograms of cocaine, money laundering, and tax evasion. Hall was responsible for at least 30 kilograms of cocaine and numerous guns were found during the search of his residence.
- T’Michael Djuan Jones, 39, of Conyers, Ga., on August 6, 2012, received 12 years, 3 months in prison for possession of cocaine, conspiracy to possess at least 5 kilograms of cocaine, and possession of a firearm during a drug offense.
- Phillip La Shawn Massey, 35, of Hampton, Ga., on December 10, 2012, received 10 years, 3 months in prison for conspiracy to possess at least 5 kilograms of cocaine and possession of a firearm during a drug offense.
- Anthony Gasque, 34, of Fairburn, Ga., on August 3, 2012, received 5 years, 3 months in prison for conspiracy to possess at least 5 kilograms of cocaine.
Each of these defendants also received 5 years of supervised release to follow their term in prison and was ordered to perform 100 hours of community service.
This case was investigated by Special Agents of the Drug Enforcement Administration and Special Agents of the Internal Revenue Service with assistance from the Georgia Bureau of Investigation, the East Point Ga. Police Department, the Fulton County Sheriff’s Office, the Warren County Sheriff’s Office, and the Georgia State Patrol.Assistant United States Attorney Cassandra Schansman, Susan Coppedge, and Michael J. Brown along with Thomas J. Jaworski of the Department of Justice, Tax Division, prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
Justice Department Signs Agreement with the Town of Poestenkill, N.Y., to Ensure Civic Access for People with DisabilitiesRead the Press Release
The Justice Department announced today an agreement with the town of Poestenkill, N.Y., to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).
“Access to a town’s government is the most basic of civil rights. It is the gateway to programs, services and activities that should be afforded to all people in a community, including those with disabilities,” said Eve L. Hill, Deputy Assistant Attorney General for the Civil Rights Division. “Today the Town of Poestenkill, N.Y., joins the growing list of cities, towns and counties throughout the United States, committing to the inclusion of people with disabilities in their towns.”
The PCA initiative ensures that people with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society. As part of the PCA initiative, Justice Department staff survey state and local government facilities, services and programs in communities across the country to identify what is needed to comply with the ADA. The agreements address the steps a community must take to improve access. This agreement is the 207th entered into under the Department’s PCA initiative.
Under the agreement announced today, the town will remove barriers to accessibility at the town Hall and the Poestenkill Library. The agreement also requires the town to do the following:
∙ Make physical modifications to its facilities so that parking, routes into the buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to people with disabilities; and assembly areas have the required wheelchair and companion seating.
∙ Post, publish and distribute a notice to inform members of the public of the provisions of Title II and their applicability to the town’s programs, services and activities.
∙ Train staff in using the New York state relay service for telephone communications.
∙ Develop a method for providing emergency management policies and procedures for persons with disabilities, including preparation, notification, response and clean-up.
∙ Develop a method for providing information for interested persons with disabilities concerning the existence and location of the town’s accessible services, activities and programs.
∙ Establish, implement and post online a policy that the town’s web pages be accessible, create a process for implementation and ensure that all new and modified web pages are accessible.
∙ Implement a plan for the accessibility of sidewalks and curb cuts throughout the Town.
Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement requires the actions to be completed within three years. The department will actively monitor compliance with the agreement throughout this timeframe.
This agreement is the first to be posted on the department’s newly redesigned PCA web page and may be viewed at www.ada.gov/civicac.htm. The web page allows users to identify PCA agreements in two different ways: by geographic location using a clickable map or a state list and by chronological order, when the agreement became effective.
People interested in finding out more about the ADA, today’s agreement with the town of Poestenkill the Project Civic Access initiative or the ADA Best Practices Tool Kit for State and Local Governments may access the ADA web page at www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Jess James Rutherford, Jr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 18, 2013, before U.S. Magistrate Judge Keith Strong, JESS JAMES RUTHERFORD, JR., a 28-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for October 22, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On April 23, 2013, "S.S." was interviewed about the assault by RUTHERFORD. "S.S." and RUTHERFORD had dated for eight months. On the night in question, "S.S." stated that RUTHERFORD was drinking with his friends, and the friends left. "S.S." explained that she was also drinking and she lived in the house with RUTHERFORD. Despite living together, RUTHERFORD locked "S.S." outside. "S.S." wanted back inside to get her bag. RUTHERFORD told her that he burned her bag but eventually let her inside.
The beating then ensued. RUTHERFORD threw "S.S." to the ground, stomped on her, and punched her repeatedly. Specifically, RUTHERFORD stomped on "S.S.'s" neck, back, and legs. He was hitting her with a "backhand" at first, but then, when she was on her belly, he started stomping on her, and eventually stomped on her chest and breasts. The pictures of "S.S.'s" breasts show deep bruising on her breasts and chest.
S.S." explained that RUTHERFORD was calling her a "*****" while he was hitting her. Her underwear were also torn. She stated that RUTHERFORD was trying to pull her pants down, and he ripped her underwear off. He was also dragging her around by the hair. "S.S." stated that she was not knocked unconscious, and RUTHERFORD, when kicking her, was wearing regular tennis shoes. "S.S." did not know why RUTHERFORD stopped.
The beating lasted for approximately a half hour, beginning at 2:30 a.m. After the beating, "S.S." waited for RUTHERFORD to fall asleep so that she could leave. She then ran to a neighbor.
After arriving at the neighbor's house, "S.S." went to the hospital. The attending physician stated that "S.S." had two broken ribs on her left side. The victim also had a bilateral and impacted nasal fracture. "S.S." described her pain as a ten out of ten, with ten being the worst. "S.S." described in an interview two days after the assault that her fingers and mouth were still numb.
RUTHERFORD faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
Jefferson City Man Sentenced for Illegal FirearmRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Jefferson City, Mo., man was sentenced in federal court today for illegally possessing a firearm.
Michael Lee Miller, 22, of Jefferson City, was sentenced by U.S. Chief District Judge Fernando J. Gaitan on Thursday, July 18, 2013, to three years and one month in federal prison without parole.
On Nov. 29, 2012, Miller pleaded guilty to being a felon in possession of a firearm. Miller admitted that he was in possession of a Smith & Wesson semi-automatic .40-caliber handgun on July 27, 2012.
Jefferson City police officers were conducting patrol in the 1100 block of East McCarty Street – where two recent shootings had occurred and where .40-caliber shell casings were recovered – at approximately 9:17 p.m. on July 27, 2012. The officers saw Miller and two other men standing outside in front of a residence. When the officers got out of their unmarked patrol car, Miller walked away from the officers toward the porch.
When one of the officers told Miller he wanted to speak with him, Miller replied, “You’re not searching me.” Miller turned his back to the officers. One of the officers immediately frisked Miller and found the loaded handgun in his waistband. Miller was placed under arrest.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Miller has prior felony convictions for receiving stolen property, burglary and assault.
This case was prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jefferson City, Mo., Police Department.
Ivan Gabriel Castro-alvarez Indicted for Illegal ReentryRead the Press Release
IVAN GABRIEL CASTRO-ALVAREZ, age 29, a citizen of Honduras, was charged in a one-count indictment by a Federal Grand Jury today with illegal reentry by an alien previously removed, announced U. S. Attorney Dana J. Boente.
According to the indictment, on or about June 28, 2013, CASTRO-ALVAREZ, an alien who had previously been removed from the United States, was found in the United States, within the Eastern District of Louisiana, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.
If convicted, CASTRO-ALVAREZfaces a maximum term of imprisonment of two years, a fine of $250,000 and one year of supervised release following any term of imprisonment.
U. S. Attorney Boente reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was investigated by United States Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE). The prosecution is being handled by Assistant United States Attorney David Haller.
(Download Indictment )
International Wildlife Investigation results in charges against Alaskan Big Game Guide and Canadian Clients for wildlife crimesRead the Press Release
Anchorage, Alaska- Acting U.S. Attorney Kevin Feldis announced today that a joint United States and Canadian wildlife investigation has resulted in the filing of charges by the federal grand jury in Anchorage, Alaska, against an Alaskan big game guide, and three Canadian citizens.
The indictment by the grand jury charges John Katzeek, 64, of Haines, Alaska, who is employed as a big game guide in Alaska, with nine counts including conspiracy, the filing of false documents concealing the illegal nature of the guided hunts, take of wildlife, and smuggling. Also charged with Katzeek for conspiracy and filing false documents were Alberta, Canada, residents Brian Hicken, 54, Kenneth Cox, 49, and Tyler Antal, 22.
The guided hunts and the violations during these hunts occurred between October 2010 and November 2011, in the Haines, Alaska area. The indictment charges the unlawful take and transportation of Mountain goats in violation of numerous Alaska laws and the illegal export of the horns and hides from these goats to Canada by Katzeek, Cox, Hicken and Antal, all in violation of the federal Lacey Act.
The indictment also charges that Katzeek participated in the illegal import of trophy Dall sheep from Yukon, Canada into the United States. The indictment alleges that during December 2008 and through March 2009, Katzeek conspired with another individual to illegally import a trophy Dall sheep ram using false documents, and smuggling the sheep horns from Canada into the United States. During 2010, Katzeek personally imported a second trophy Dall sheep using false documents to facilitate the export of the horns from Canada into the United States.
The indictment is the result of an extensive joint United States and Canadian investigation. Starting in January 2013, Canada Crown prosecutors in Alberta, and Yukon Territory Canada, charged approximately 17 subjects with 55 violations under Wild Animal and Plant Protection and the Regulation of International and Interprovincial Trade Act (WAPPRIITA). These charges were in relation to the illegal guided hunts charged above and the illegal import of unlawful wildlife from the United States into Canada. The Canadian trials are scheduled to begin in the fall of 2013.
The maximum penalty for conspiracy and violating the Lacey Act is 5 years imprisonment and a $250,000 fine. The maximum penalty for smuggling is 30 years in prison with a $250,000 fine. An arraignment date has not been set.
Mr. Feldis commends the U.S. Fish and Wildlife Service, Alaska Wildlife Troopers, Environment Canada, Yukon Conservation Officer Service, Alberta Fish and Game, Parks Canada, British Columbia Conservation Officer Service, and the Public Prosecution Service of Canada for the international cooperation extended in the investigation of these cases.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on July 19, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
KURT LEE WHITLING, a 50-year-old resident of Billings, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. He is currently detained. If convicted of these charges, WHITLING faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release on each of the two counts. Assistant U.S. Attorney Joseph E. Thaggard is the prosecutor for the United States. The investigation was conducted by the Drug Task Force.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Illinois Men sentenced for Trafficking Contraband CigarettesRead the Press Release
United States Attorney James L. Santelle announced today that on Wednesday, July 17, 2013, federal Judge Lynn Adelman sentenced Shakil Wamiq, (age: 34), formerly of Bloomingdale, Illinois, and Mazher Khan, (age: 49), of Evergreen Park, Illinois, for their roles in a cigarette trafficking scheme that was in existence from late 2010 to early 2012.
Wamiq, was sentenced to 21 months in prison and ordered to pay $220,882.20 in restitution to the Illinois Department of Revenue as the result of tax losses caused by his criminal conduct. Adelman also ordered a money judgment of forfeiture in the amount of $472,993.20 based on the defendant’s illicit gains. In addition, Wamiq is required to pay $400 in special assessments.
Khan was sentenced to two years of probation, with the condition that he serve 180 days of home confinement. Khan was also ordered to pay $58,150 in restitution to the Illinois Department of Revenue, a money judgment of forfeiture in the amount of $125,308.80 and special assessments of $300. A 2009 Ford Econoline van registered to Khan was also forfeited as property used to facilitate the crime.
Both defendants were convicted in April 2013 by a jury in the Eastern District of Wisconsin. Wamiq, who operated as an Illinois distributor known as Good Deal Wholesale, Inc., located in Streamwood, Illinois, was convicted of four counts of contraband cigarette trafficking in violation of Title 18, United States Code, Section 2342(a). Khan, who operated in Illinois as MAK Distributors, in Mokena, Illinois, was convicted of three counts.
Also convicted as part of this criminal venture were Mohammad Uddin, (age: 30), of Naperville, Illinois, Adil Majid, (age: 54) of Bolingbrook, Illinois, and Haroon Bheri, (age: 33), of Glendale Heights Illinois all of whom pled guilty to a conspiracy to traffic contraband cigarettes in violation of Title 18, United States Code, Section 371. Uddin received a six month prison sentence to be followed by six months of home confinement and was ordered to pay $565,068 in restitution and $100 in special assessments. Majid and Bheri each received a probationary sentence with a condition of 180 days home confinement. Majid was ordered to pay $152,586 in restitution and Bheri was ordered to pay $173,166 in restitution. Both were also ordered to pay $100 in special assessments.
In addition, Maher Sunnokrot, (age: 38) of Worth, Illinois and Mohammed Mazharuddin, (age 41), formerly of Milwaukee and now residing in Texas, pled guilty to charges of misprision of felony in violation of Title 18, United States Code, Section 4. Each was given a probationary sentence and ordered to pay $66,400 in restitution and $100 in special assessments.
Additional defendants include Farrukh Aslam, (age: 28), formerly of Glendale Heights, Illinois, who is a fugitive and Ahsan Uddin, (age: 28), of Naperville, Illinois who is being supervised under the terms of a deferred prosecution agreement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives initiated the year-long investigation into this activity based upon a complaint from a local citizen who alleged that his business was being financially undercut by persons who were dealing in untaxed tobacco products. The investigation included an undercover warehouse in Milwaukee and an undercover agent posing as a source for untaxed cigarettes. Video recordings showed the defendants purchasing cases of untaxed cigarettes with cash that was sometimes brought in shopping bags. The warehouse was devoid of accoutrements normally associated with a legitimate business, and the videos showed the defendants themselves loading the contraband cigarettes into their respective vehicles. The cigarettes were purchased at a cost that was substantially below that of an authorized manufacturer, and transported the cigarettes into Illinois where they were further disbursed.
Under federal law, only certain categories of persons may possess cigarettes which do not bear a state tax stamp. At trial Wamiq and Khan contended that their Illinois distributor licenses authorized them to purchase possess and transport the cigarettes involved.
The case was prosecuted by Assistant United States Attorneys Carol L. Kraft and Laura S. Kwaterski and investigated by special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Hudson County, N.J., Man Convicted of Sexually Abusing Sleeping Woman on Domestic FlightRead the Press Release
NEWARK, N.J. – A Hudson County, N.J., man was convicted by a federal jury today of sexually abusing a sleeping woman aboard a flight from Phoenix to Newark Liberty International Airport last summer, U.S. Attorney Paul J. Fishman announced.
Bawer Aksal, 49, of North Bergen, N.J., was convicted of one count of sexual abuse and one count of abusive sexual contact following a five-day trial before U.S. District Judge Jose L. Linares in Newark federal court. The jury deliberated seven hours before returning its guilty verdicts.According to documents filed in this case and the evidence presented at trial:
Aksal was a passenger on a United Airlines flight from Phoenix to Newark on August 20, 2012. He was sitting in the middle seat in a row of three seats. Neither Aksal, the victim, who was seated in the window seat, nor the passenger in the aisle seat knew each other. Before take-off, the victim texted a friend complaining about Aksal’s arm encroaching into her seating area.
About one hour before landing, the aisle passenger looked to his right and saw Aksal half into the victim’s seat, with his body against the victim’s, his right arm around the back of her and his left hand beneath a sweater that was draped over her. The victim awoke to find Aksal’s hands inside her shirt and shorts and struggled out of his grasp. The aisle passenger observed her jolting awake. The aisle passenger and the victim both gathered their belongings and headed to the back of the plane to report what happened to the flight attendants.
Aksal was detained upon arrival in Newark and arrested by agents of the FBI. He now faces a maximum potential sentence of life in prison and a $250,000 fine. Sentencing before Judge Linares is scheduled for Oct. 23, 2013.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, and the Port Authority Police Department, under the direction of Superintendent Michael Fedorko, with the investigation leading to today’s conviction.
The government is represented by Assistant U.S. Attorneys Danielle Alfonzo Walsman and Robert Frazer of the U.S. Attorney’s Office Criminal Division in Newark.The federal government has exclusive jurisdiction over all sexual abuse cases that occur in American airplanes, as such events are outside the jurisdiction of any state.
13-299Defense counsel: Robert J. Degroot Esq., Newark
Hudson County, N.J., Man Convicted of Sexually Abusing Sleeping Woman on Domestic FlightRead the Press Release
NEWARK, N.J. – A Hudson County, N.J., man was convicted by a federal jury today of sexually abusing a sleeping woman aboard a flight from Phoenix to Newark Liberty International Airport last summer, U.S. Attorney Paul J. Fishman announced.
Bawer Aksal, 49, of North Bergen, N.J., was convicted of one count of sexual abuse and one count of abusive sexual contact following a five-day trial before U.S. District Judge Jose L. Linares in Newark federal court. The jury deliberated seven hours before returning its guilty verdicts.According to documents filed in this case and the evidence presented at trial:
Aksal was a passenger on a United Airlines flight from Phoenix to Newark on August 20, 2012. He was sitting in the middle seat in a row of three seats. Neither Aksal, the victim, who was seated in the window seat, nor the passenger in the aisle seat knew each other. Before take-off, the victim texted a friend complaining about Aksal’s arm encroaching into her seating area.
About one hour before landing, the aisle passenger looked to his right and saw Aksal half into the victim’s seat, with his body against the victim’s, his right arm around the back of her and his left hand beneath a sweater that was draped over her. The victim awoke to find Aksal’s hands inside her shirt and shorts and struggled out of his grasp. The aisle passenger observed her jolting awake. The aisle passenger and the victim both gathered their belongings and headed to the back of the plane to report what happened to the flight attendants.
Aksal was detained upon arrival in Newark and arrested by agents of the FBI. He now faces a maximum potential sentence of life in prison and a $250,000 fine. Sentencing before Judge Linares is scheduled for Oct. 23, 2013.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, and the Port Authority Police Department, under the direction of Superintendent Michael Fedorko, with the investigation leading to today’s conviction.
The government is represented by Assistant U.S. Attorneys Danielle Alfonzo Walsman and Robert Frazer of the U.S. Attorney’s Office Criminal Division in Newark.The federal government has exclusive jurisdiction over all sexual abuse cases that occur in American airplanes, as such events are outside the jurisdiction of any state.
13-299Defense counsel: Robert J. Degroot Esq., Newark
Henderson Man Sentenced to 20 Years ImprisonmentRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court yesterday, Chief United States District Judge James Dever sentenced TYSHIK-KEE WILLIAMS, 21, of Henderson, North Carolina, to 240 months imprisonment followed by 3 years supervised release.
A Federal Grand Jury returned a Criminal Indictment on January 16, 2013, charging WILLIAMS with one count of Possession of a Firearm by a Felon, in violation of Title 18 U.S.C. §922, and 2 counts of Distribution of Heroin, in violation of Title 21 U.S.C. §841. On April 9, 2013, WILLIAMS pleaded guilty to all counts without a plea agreement.
The evidence in the case demonstrated that, on or about March 30, 2011, WILLIAMS was present in a hotel room during a search of that room by law enforcement. Found during the search was a loaded .25 caliber handgun, other ammunition and a large quantity of heroin. WILLIAMS admitted that the .25 caliber firearm was his. The evidence also demonstrated that on or about January 18, 2012, and February 1, 2012, respectively, WILLIAMS sold a quantity of heroin to an informant working with the Henderson Police Department. Evidence presented at sentencing demonstrated that WILLIAMS was responsible for multiple shootings and robberies in the Henderson area and that, while being held on state charges, WILLIAMS solicited robberies and drug trafficking activities from other individuals of the Money Gang Mob (MGM).
Investigation of this case was conducted by the Henderson Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Rudy E. Renfer represented the government.
Four Indicted for Conspiring to Unlawfully Harbor, Employ AliensRead the Press Release
MINNEAPOLIS—Recently in federal court, three St. Paul men and a California man were indicted for recruiting foreign nationals who were in or coming to the United States on visitor visas to work at the defendants’ hair and beauty products kiosks at the Mall of America. On July 16, 2013, Avraham Nadivi, age 31, Yehiel Shpitser, age 30, and Adam Vaknin, age 32, all of St. Paul; and Yosi Rachamim, age 31, of Woodland Hills, California, were charged with one count of conspiracy to commit unlawful employment and harboring of aliens, seven counts of unlawful employment of aliens, and four counts of harboring of certain aliens.
The indictment alleges that from September 21, 2009, through June 19, 2013, the defendants conspired with each other and others to hire and recruit the foreign nationals, to harbor them in apartments near the Mall, and to transport them to and from work, to conceal the unlawful employment and harboring from detection. Allegedly, YA & YA USA, Inc., a company operated by the defendants and the owner of the hair and beauty product kiosks at the Mall, did not report the wages of the unauthorized workers.
In August 2012, YA & YA was audited by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“ICE-HSI”), and the indictment alleges that the defendants did not include employment verification paperwork on several employees. In addition, the defendants allegedly paid for apartments and electricity bills for the employees. The defendants also allegedly purchased and leased several vehicles to transport the employees to and from work.
A visitor visa is a non-immigrant visa for persons who want to enter the U.S. and persons holding such a visa are not authorized to work in the U.S. According to a law enforcement affidavit filed in the case, the Minnesota Department of Employment and Economic Development has no record for the past three years of any employees of YA & YA, although various individuals have been observed working there.
One of those employees has been indicted in a related case for making false claims in order to obtain lawful permanent resident status and employment authorization. On July 16, 2013, Lihi Aliza Elgrably, age 26, of St. Paul, was charged with one count of visa fraud. Elgrably’s indictment alleges that from January 27 to February 15, 2010, she submitted a petition to adjust her immigration status and allegedly withheld information about her employment with YA & YA.
If convicted, Nadivi, Rachamim, Shpitser, and Vaknin face a potential maximum penalty of ten years in prison on each harboring count, five years on the conspiracy count, and six months on each unlawful employment count. Elgrably faces a potential maximum penalty of ten years. Any sentence will be determined by a federal district court judge.
This case is the result of an investigation by the U.S. Customs and Border Protection, ICE-HSI, and the HSI-led multi-agency Document and Benefit Fraud Task Force. It is being prosecuted by Assistant U.S. Attorneys Laura M. Provinzino and Sarah E. Hudleston.
To learn more about the Document and Benefit Fraud Task Force, visit http://www.ice.gov/document-benefit-fraud/.
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.Fort Thompson Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury.
Kyle Marks, age 29, was indicted by a federal grand jury on June 12, 2013, for Failure to Register as a Sex Offender. Marks appeared before U.S. Magistrate Judge Mark A. Moreno on July 17, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; a mandatory minimum period of at least 5 years of supervised release and an additional mandatory minimum term of 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 Marks is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Marks was remanded to the custody of the U.S. Marshals Service. A trial date has not yet been set.Former Youth Minister Pleads Guilty in Federal Court to Child Pornography OffenseRead the Press Release
Defendant Worked at Churches in Levelland and Lubbock
LUBBOCK, Texas --- Trevor Jacob Fortner, 25, of Lubbock, Texas, appeared in federal court in Lubbock, Texas, this morning, before U.S. District Judge Sam R. Cummings, and pleaded guilty to a one-count indictment charging attempted transfer of obscene material to a minor, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
The statutory maximum penalty for this offense is 10 years in federal prison, a $250,000 fine and a lifetime of supervised release. However, according to plea documents filed in the case, Fortner and the government will make a non-binding recommendation to the Court that a 48-month sentence is appropriate. Today, Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Fortner will remain on bond pending sentencing.
Most recently, Fortner was a youth minister at a church in Levelland, Texas; he has also worked in the graphics department of a church in Lubbock.
According to documents filed in the case, on May 7, 2013, Fortner responded to an online personal advertisement that had been posted by an undercover officer with the Lubbock Police Department (LPD). Posing as a 15-year-old girl, the undercover officer responded to Fortner’s initial contact. During ensuing emails and text conversations between Fortner and the undercover officer, Fortner repeatedly affirmed that he understood the girl’s age.
During these text conversations, Fortner discussed meeting the minor girl and described the kind of sexual activity he wished to engage in with her. He asked her to send him “kinky pics” and “dirty pics,” and on May 7, 2013, he sent her a sexually explicit photograph of himself. The following day, Fortner was interviewed by LPD officers and he admitted communicating with a 15-year-old girl and sending her a photograph of himself, which he acknowledged was obscene.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The case is being investigated by the FBI, the LPD and the LPD’s Internet Crimes Against Children (ICAC) Task Force. Assistant U.S. Attorney Amanda R. Burch is in charge of the prosecution.
Former Special Forces Sergeant Sentenced to 24 Months’ Imprisonment for International Arms SmugglingRead the Press Release
Earlier today, in federal court in Brooklyn, New York, Joseph Debose, a resident of North Carolina and a former United States Marine and Staff Sergeant in a U.S. Special Forces National Guard Unit, was sentenced to 24 months’ imprisonment for violating the Arms Export Control Act. Debose provided multiple shipments of firearms to co-conspirators who then secreted the weapons in packages and transported them to shipping companies to be sent to customers in China. The weapons included dozens of semi-automatic handguns, rifles and shotguns.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; John Carlin, Assistant Attorney General, U.S. Department of Justice; James T. Hayes, Jr., Special Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York; Joseph Anarumo, Jr., Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division; Toni Weirauch, Special Agent-in-Charge, Internal Revenue Service (IRS), New York Field Office; and Sidney Simon, Special Agent-in-Charge, Department of Commerce (DOC), Office of Export Enforcement, New York Field Office.
“Through his service in the U.S. Marine Corps and National Guard, the defendant swore an oath to this country and its people, and was decorated. He then traded the honor which won him medals for the easy money of illegal arms sales,” stated U.S. Attorney Lynch. “We take very seriously our responsibility to stem the flow of illegal weapons through New York and ensure our national security. This case demonstrates the tremendous effectiveness and determination of the multiple federal law enforcement agencies tasked with taking on this global challenge.” Ms. Lynch expressed her grateful appreciation to the federal agencies that worked closely together to investigate the case.
The sentence was imposed by United States District Judge Eric N. Vitaliano. In addition to the 24 months in prison, Judge Vitaliano imposed a term of three years of supervised release. To date, four individuals have been convicted of weapons trafficking and export offenses in connection with this case.
Authorities initially learned of the arms smuggling scheme in August 2011 after counter-smuggling officers in China seized a package containing firearms with defaced serial numbers, which had been shipped from Queens, New York. Upon learning of the seizure of the weapons, U.S. law enforcement officials traveled to China to examine the evidence. The types of weapons seized by the Chinese authorities have been included by the President of the United States on the United States Munitions List, and may not be exported without a license from the U.S. State Department. Using forensic techniques, agents determined that one of the weapons seized in China had originally been purchased in North Carolina. Agents then traced that gun, and others, to Debose. Agents also learned that Debose had filed a false police report, in which he claimed the weapons had been stolen from his garage. Agents arrested Debose in a sting operation when he arrived at a meeting location with a truckload of guns for the next shipment. At the time of his arrest, Debose was a staff sergeant assigned to a Special Forces National Guard unit based in West Virginia.
The government’s case was prosecuted by Assistant United States Attorney Seth DuCharme, with assistance from Trial Attorney David Recker of the Department of Justice Counterespionage Section. Assistance also was provided by the U.S. Attorneys’ Offices in the Northern District of West Virginia and the Eastern District of North Carolina.
The Defendant
JOSEPH DEBOSE
Age: 30Former Owner of Employee Leasing Company Sentenced to Federal Prison for Failing to Pay Payroll Taxes to the IRSRead the Press Release
SALT LAKE CITY – Richard R. Whatley, a former owner of Alliance Staffing Management Inc. (ASM), was sentenced to 51 months in prison Thursday for willfully failing to account for and pay over employment taxes. Whatley was also ordered to pay $541,513.61 in restitution to the IRS. U.S. District Judge David Nuffer imposed the sentence.
In January 2010, a federal grand jury charged Whatley, a resident of Salt Lake County according to the indictment, with five counts of willfully failing to account for and pay over employment taxes, relating to three different employee leasing companies that he allegedly operated and controlled between the years 2001 and 2006 in Salt Lake City and American Fork. The employee leasing companies included American Employment Group Inc., ASM and Intermountain Consulting Group Inc. The tax loss associated with Whatley's criminal conduct during these years totaled more than $2.3 million. Whatley pleaded guilty in January 2013 to one of the charged counts.
According to the plea agreement, during the 2002 through 2004 tax years, Whatley held an ownership interest in and had the ability to control the finances of ASM, an employee leasing company. Whatley's control included determining the amount of employment taxes that had to be paid over to the IRS and the authority to decide which bills would be paid and which bills would not be paid. As charged in the superseding indictment, in the fourth tax quarter of 2003, Whatley caused the collection of employment taxes from ASM's employees' wages and then willfully failed to pay over $541,513 for the employees' portion of employment taxes to the IRS.
The case was investigated by special agents of IRS - Criminal Investigation and was prosecuted by Trial Attorneys Christopher J. Maietta and Stuart A. Wexler of the Justice Department's Tax Division.
More information about the Tax Division and its enforcement efforts is available at www.usdoj.gov/tax.
Former Government Contracting Executive Sentenced to 48 Months in Prison for Unauthorized Computer AccessRead the Press Release
ALEXANDRIA, Va. – Robert Edwin Steele, 38, of Alexandria, Va., was sentenced today to 48 months in prison for 14 counts of unauthorized access to a protected computer.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and Valerie Parlave, Assistant Director in Charge of the Federal Bureau of Investigation’s Washington Field Office, made the announcement after United States District Judge Gerald Bruce Lee imposed the sentence.
“Cyber intrusions represent the greatest threat to corporate America in the 21st century,” said United States Attorney Neil H. MacBride. “This danger is omnipresent both from external hackers and criminal insiders. Today’s sentence should put all on notice that that the U.S. Attorney’s Office, along with our law enforcement partners, is committed to prosecuting these technically complex crimes and will seek punishment commensurate with the offense.”Steele was found guilty by a jury in Alexandria on May 3, 2013. According to court documents and evidence at trial, Steele worked at multiple companies involved in government contracting. On December 15, 2010, Steele resigned from one government contracting firm, described in court documents as Company A, due to a dispute about his compensation with Company A and Company B, another government contracting firm that was in the process of acquiring Company A.
When Steele left Company A on December 15, 2010, he gave verbal and written assurances to officials of Company A that he would not access its systems after his departure, and even urged them to shut down his existing accounts. That same day, however, Steele began logging into Company A’s e-mail systems using a secret administrative account which he learned about during his work for Company A. Steele immediately began downloading hundreds of proprietary documents using this administrative account.
Shortly after resigning, Steele joined another government contractor, Company C, that directly competed with Companies A and B for government contracts. At Company C, Steele worked as “Director of Law Enforcement” and prepared bids for government contracts on law enforcement projects. In that position, Steele undercut Company A’s bid on a government contract by approximately $100,000, while downloading Company A’s documents on the same contract. Although his attempt to win the bid failed, Steele continued to methodically sift through thousands of valuable documents stored on computers for Company A.
From December 15, 2010 until September 2, 2011, when agents for the Federal Bureau of Investigation seized the equipment that Steele had used to access the administrative account, Steele had accessed the computer systems of his former employer more than 79,000 times.
In addition to his 48-month term of imprisonment, Judge Lee also ordered Steele to serve two years of supervised release, imposed a fine of $50,000, and required restitution $335,977.68.
This case was investigated by the Federal Bureau of Investigation’s Washington Field Office. The Office of the Inspector General for the General Services Administration provided additional assistance.
Assistant United States Attorney Alexander T.H. Nguyen and Special Assistant United States Attorney Jonathan Keim prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Former Firefighter Sentenced to over 16 Years in Prison for Production and Possession of Child PornographyRead the Press Release
Baltimore, Maryland - U.S. District Judge Ellen L. Hollander sentenced Anthony Maurice Cottle, age 24, of Owings Mills, Maryland, late yesterday to 195 months in prison followed by a lifetime of supervised release for sexual exploitation of a minor to produce child pornography and to possession of child pornography. Judge Hollander ordered that upon his release from prison, Cottle must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Chief James W. Johnson of the Baltimore County Police Department; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, in June and July 2012, Cottle, a former firefighter with the Baltimore County Fire Department, sexually abused two minor males to produce visual depictions of the abuse, including two videos. Cottle produced one video that depicts the genitalia of a minor male and Cottle performing sex acts on the boy. Cottle produced a second video depicting the genitalia of another minor male. More than 600 images of child pornography were recovered from Cottle’s computer and cell phone.
In addition to the videos produced by Cottle, images of several other child victims whom Cottle solicited to send him photos of their genitals, were found. Cottle admitted that on some occasions he used video chat to capture the image live, and on other occasions the minor would send a photograph by cell phone.
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 "resources" tab on the left of the page.
This investigation was part of Operation Predator, a nationwide HSI initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders and child sex traffickers. HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE or by completing its online tip form. Both are staffed around the clock by investigators.
United States Attorney Rod J. Rosenstein commended HSI Baltimore, the FBI, Baltimore County Police Department, Baltimore Police Department and Baltimore County State’s Attorney’s Office for their work in the investigation and prosecution. U.S. Attorney Rosenstein also recognized the Baltimore County Fire Department for its assistance in this case. Mr. Rosenstein thanked Assistant U.S. Attorney Ayn B. Ducao, who prosecuted the case.
Former Elementary School Principal in Texas Arrested for Attempting to Entice A Minor to Engage in Unlawful Sexual ActivityRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), and Jeffrey S. Katz, Interim Chief, Boynton Beach Police Department (BBPD), announce the arrest of Stephen Anthony Paulsen, 54, of Fort Worth, Texas, for attempting to entice a minor to engage in an illegal sexual activity, in violation of Title 18, United States Code, Section 2422(b). Paulsen had his initial appearance this morning before U.S. Magistrate Judge James M. Hopkins. The United States requested that Paulsen be detained and a Pretrial Detention hearing has been set for Tuesday, July 23, 2013, at 10:00 a.m. If convicted, the defendant faces a ten year mandatory term of imprisonment and a maximum term of life.
According to the criminal complaint, Paulsen sent numerous sexually explicit messages via a web-based social media application to an undercover officer who posed as a 15 year old boy. Paulsen then attempted to meet the minor to engage in illegal sexual activity when Paulsen believed the boy was home alone, at which point he was arrested. At the time of his arrest, Paulsen was in South Florida visiting family.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. 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.
Mr. Ferrer commended the investigative efforts of ICE-HSI and BBPD. This case was adopted from the state in cooperation with Dave Aronberg, State Attorney, Palm Beach County, and the South Florida Internet Crimes Against Children (ICAC) Task Force. The case is being prosecuted by Assistant U.S. Attorney Adam McMichael.
A criminal complaint is only an accusation and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Contract Employee with Postal Service indicted fro drug conspiracy and possessing stolen mailRead the Press Release
Anchorage, Alaska-Acting U.S. Attorney Kevin R. Feldis announced today that a Wasilla woman was indicted by a federal grand jury in Anchorage, Alaska, on drug charges as well as a charge of possession of stolen mail.
Brenda Sue Cox, 52, of Wasilla, Alaska, is the sole defendant named in two separate indictments. The first charges her with conspiracy to distribute large amounts of methamphetamine and heroin as well as related drug crimes. The second indictment charges Cox, a former contract employee with the United States Postal Service, with possession of stolen mail. Both indictments stem from law enforcement actions in October 2012. The indictment alleges that Cox was found to be in possession of heroin and methamphetamine as well as multiple pieces of stolen mail.
Assistant U.S. Attorney Stephanie Courter, who presented the case to the grand jury, indicated that Cox faces a ten-year mandatory minimum sentence on the drug charges, while the law provides for a maximum total sentence of up to five years in prison and a $250,000 fine for possessing the stolen mail. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history of the defendant.
The United States Postal Inspection Service and the Alaska State Troopers conducted the investigation leading to the indictment in this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Former Burlington Man Sentenced on Federal Marijuana ConspiracyRead the Press Release
DAVENPORT, IA – On July 18, 2013, Derrick Dean Taylor, age 28, formerly of Burlington, Iowa, was sentenced by United States District Judge John A. Jarvey to six months imprisonment for conspiracy to distribute marijuana, announced United States Attorney Nicholas A. Klinefeldt. Judge Jarvey also ordered Taylor to serve three years of supervised release following the imprisonment and to pay $100 towards the Crime Victims Fund.
Beginning in approximately August 2008 and continuing until about August 2011, Taylor conspired with other persons to distribute marijuana in the Burlington, Iowa area. As part of the investigation, on August 5, 2011, law enforcement officers conducted a search of Taylor’s Burlington residence and seized 23 pounds of marijuana, a digital scale, packaging material, drug paraphernalia, and a significant amount of U.S. currency.
This case was investigated by the Southeast Iowa Narcotics Task Force; the United States Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Iowa Department of Public Safety - Division of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Former Arkansas State Trooper Arrested on Drug ChargeRead the Press Release
Little Rock - Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas; Randall C. Coleman, Special Agent in Charge of the Little Rock Field Office of the Federal Bureau of Investigation; and Colonel Stan Witt, Director of the Arkansas State Police announced that Sedrick Reed, age 43, and Lamont M. Johnson, age 45, both of Little Rock were arrested and charged by federal Complaint yesterday with possession with intent to distribute and distribution of cocaine. Both have an initial appearance scheduled for 2 p.m. today before United States Magistrate Judge J. Thomas Ray.
The Complaint alleges that Reed, who at the time of the investigation was an Arkansas State Police (ASP) Lieutenant with full oversight of the Troop A evidence vault, broke the evidence seal on a box of cocaine held in evidence and removed cocaine more than once for distribution. The investigation revealed that he was selling the cocaine to Johnson. The allegations in support of the criminal complaint are set forth in the complaint affidavit, attached.
"It's a very sad day when a law enforcement officer violates the public trust," stated Thyer. "Thankfully, because of the integrity and leadership at the Arkansas State Police, information regarding Lt. Reed's illegal actions was turned over to the Federal Bureau of Investigation to ferret out the dishonesty by one of their own. The ASP continued to provide cooperation throughout this investigation which has led to the charges Mr. Reed faces today."
"Yesterday's arrest was a result of the collaborative efforts of the ArkTrust Public Corruption Task Force, stated FBI Special Agent in Charge Randall C. Coleman. "The allegations against Lieutenant Reed are among the most serious and important that we investigate. When we receive credible allegations of law enforcement corruption, we will follow the facts where they lead us, as we want Arkansans to continue to trust in the vast majority of officers who respect their oath and who are committed to public service."
Colonel Witt stated, "We have worked alongside the FBI since the case was opened and regardless of where an investigation of this type may lead, even if it's among our own ranks, the State Police will always be accountable to the citizens and the laws they expect us to enforce."
If convicted, both Reed and Johnson face not more than 20 years in prison, a $1,000,000 fine, or both with not less than three years supervised release.
The investigation was conducted by the ArkTrust Public Corruption Task Force led by the Federal Bureau of Investigation and the Little Rock Police Department with full cooperation from the Arkansas State Police. Assistant United States Attorneys Christopher Givens and Julie Peters are prosecuting this case for the United States.
The charges set forth in a Complaint are merely allegations. A federal Grand Jury will decide whether to indict on these charges. The defendant is presumed innocent until proven guilty.
Florida Woman Pleads Guilty to Role in Fraudulent Home Inspection BusinessRead the Press Release
Tampa, Florida - Acting United States Attorney A. Lee Bentley, III announces that Tammy Roaderick (39, Largo) pleaded guilty yesterday to conspiracy to commit wire fraud. Roaderick faces a maximum penalty of five years in federal prison. Her sentencing hearing is scheduled for November 7, 2013.
Dean Counce pleaded guilty to conspiracy to commit wire fraud on September 14, 2012. On February 20, 2013, he was sentenced to 97 months in federal prison.
According to the plea agreement, Roaderick and her co-conspirator, Dean Counce, owned a company called American Mortgage Field Services, LLC (AMFS). AMFS performed preservation and inspection work for homes in various phases of foreclosure, including homes that were owned by government entities such as Fannie Mae, Freddie Mac, and the Federal Housing Administration (FHA). The government entities paid servicing lenders, such as Bank of America, to protect and maintain their properties. Beginning in or around 2007, some of these servicing lenders retained AMFS to conduct periodic inspections of government-owned or insured properties to prevent unnecessary deterioration that may have resulted from neglect or vandalism.
The servicing lenders would send Counce, Roaderick, and AMFS a list of properties each month that required inspection. These inspections required AMFS employees to visit a property, fill out an inspection report, and take photographs. Counce, Roaderick, and others then compiled these inspection reports and transmitted them electronically to the requesting party, such as Bank of America. The servicing lenders then paid AMFS a fee per inspection.
As the real estate market declined in Florida and throughout the country, AMFS began to receive more and more requests for inspections on properties in foreclosure. Most or all of the mortgages on the properties were owned or insured by Fannie Mae, Freddie Mac or FHA. The requests for inspections far exceeded AMFS’s capacity to complete them. As a result, Counce, Roaderick, and other AMFS employees began fabricating inspection reports.
For example, Counce and Roaderick would direct that each new property be inspected the first time and that inspectors take numerous photographs, far more than were required for a single month’s inspection report. AMFS employed individuals, many of whom were high school students or recent high school graduates, to use previous months’ photographs to fabricate subsequent inspection reports on properties. Counce and Roaderick also instructed AMFS employees to fabricate inspection reports by using publicly available websites, such as property appraiser sites, to obtain data about properties that were not inspected. AMFS employees acting under Counce and Roaderick's direction submitted the falsified inspection reports to AMFS’s clients along with false claims for payments. Employees who produced large numbers of false inspection reports were often rewarded with cash bonuses.
In total, between 2007 and 2009, Bank of America remitted $4,490,398.87 to Mid-Florida Home Securing (later known as AMFS) and, between 2009 and 2012, Bank of America paid AMFS $19,044,973.06 for inspections, a large percentage of which were never actually performed. Based on employee reports of fabrication rates, the government estimates the loss in this case to be approximately $12,774,102.
This case was investigated by the Federal Housing Finance Agency, Office of the Inspector General, the Department of Housing and Urban Development, Office of the Inspector General, and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Mandy Riedel.
Florida Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a West Palm Beach, Florida, man has been indicted by a federal grand jury for Failure to Pay Child Support.
Chadwick T. Chapman, age 26, was indicted by a federal grand jury on June 4, 2013, for failing to pay over $12,898 in past due child support. He appeared before U.S. Magistrate Judge William D. Gerdes on July 16, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is two years' imprisonment; a $250,000 fine, one year supervised release, one additional year upon revocation, a $100 assessment fee to the Federal Crime Victim’s Fund, and child support restitution amount owing at the time of sentencing.
The charge is merely an accusation and Chapman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.
Chapman was released on bond pending trial. A trial date has been set for September 24, 2013.Florida Man Charged with Attempted Enticement of A Minor Using the Internet and Attempted Sexual Exploitation of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bushnell, Florida, man has been indicted by a federal grand jury.
Seth Stone, age 24, was indicted on May 15, 2013, for the Attempted Enticement of a Minor Using the Internet and Attempted Sexual Exploitation of a Child.
Stone was arrested in Florida on June 3, 2013, and appeared before U.S. Magistrate Judge Mark A. Moreno in Pierre, South Dakota, on July 18, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 10 years up to a maximum of life imprisonment on the enticement of a minor charge, and a mandatory minimum of 15 years up to a maximum of 30 years imprisonment on the sexual exploitation charge. Both counts include a $250,000 fine and term of supervised release of 5 years up to life for each violation, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Stone is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Stone was released to a 3rd party custodian with conditions pending trial. A trial date has not been set.Final Defendant Sentenced in Public Corruption Case at Sheppard Air Force BaseRead the Press Release
WICHITA FALLS, Texas — A former engineer at Sheppard Air Force Base (SAFB), Larry Thomas Ballard, 60, of Wichita Falls, Texas, was sentenced today by U.S. District Judge Reed C. O’Connor to 24 months in federal prison and ordered to pay $6,095 in restitution, following his guilty plea in October 2012 to one count of conspiracy to defraud the United States and conspiracy to unlawfully disclose sensitive source selection information. Judge O’Connor ordered that Ballard surrender to the Bureau of Prisons on August 22, 2013. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Ballard is the fourth and final defendant to be sentenced in connection with a public corruption case at SAFB that involved the unlawful disclosure of source selection information and payment of bribes in connection with government contracts at the base.
The Lead Supervisory Engineer at SAFB and the most culpable in the scheme, John Torrance Gilmore, III, 53, also of Wichita Falls, was sentenced in May 2013 to 60 months in federal prison. He pleaded guilty to one count of conspiring to defraud the U.S. and conspiring to unlawfully disclose sensitive source information.
Two government contractors, John Carmon Freeman and Miguel Angel Hughes, were sentenced to 18 months and eight months, respectively. Each pleaded guilty to one count of conspiring to defraud the U.S. and conspiring to unlawfully obtain sensitive source information.
In addition, Judge O’Connor ordered that Gilmore and Hughes pay $6,095 restitution to the Department of Defense.
Gilmore, as the Lead Civil Engineer in the Civil Engineering Squadron’s engineering department, supervised several engineers, including Ballard. The Squadron’s mission was to maintain SAFB facilities and provide civil engineering support to the base.
Hughes, 63, of Fort Worth, Texas, owned Hughes and Guzman Construction Services, LLC, (Hughes Building Services), a roofing contractor and subcontractor with offices in Fort Worth, Dallas and Balch Springs, Texas. Freeman, 50, of Vernon, Texas, owned Freeman Construction, a road-building and paving contractor, with offices in Wichita Falls and Vernon.
The four defendants conspired together to impair and obstruct the government’s ability to have a competitive and unbiased selection of contractors — depriving the government of its right to exclusive use and control over sensitive source selection information, to include contractor bid information, government pricing and cost estimates and contractor proposal information. The defendants conspired together to knowingly disclose and obtain sensitive source selection information related to specifications on several contracts, including those for roof and pothole repairs and the liquid oxygen maintenance facility.
According to plea documents filed in the case, the defendants conspired together and with others during the period from at least the mid 1990's through 2009, to defraud the 82nd Contracting Squadron and the Department of the Air Force by depriving the U.S. of the lawful right to exclusive use and control over sensitive source selection information, such as contractor bid information, government pricing and cost estimates, and contractor proposal information, on several contracts. They also conspired together and with others to disclose or obtain sensitive source selection information on several contracts.
Gilmore and Ballard provided sensitive source information to their friends, Freeman and Hughes, to give them a competitive advantage or financial benefit in connection with several government contracts. Over several years, Freeman and Hughes gave Gilmore and Ballard personal gifts and benefits in return for their preferential treatment in connection with several government contracts.
In the mid to late 1990's, Freeman paid large sums of cash to Gilmore. Gilmore supervised several government inspectors who inspected Freeman’s work and Freeman felt it would be good to keep Gilmore happy so that he would continue to treat Freeman favorably. On at least one occasion, Freeman gave $10,000 in cash to Gilmore, expecting Gilmore to accept and approve Freeman’s work on future government contracts, even if there were discrepancies and deficiencies in Freeman Construction’s contract work. In addition, to curry favor with Gilmore, Hughes paid Gilmore’s travel expenses and took him to several gun shows.
When Gilmore became aware of this criminal investigation, he told Freeman to lie about his cash payments to him. After initially lying about them to investigators, Freeman later admitted that he had paid cash bribes to Gilmore.
The investigation was conducted by the Defense Criminal Investigative Service and the Air Force Office of Special Investigations.
Fergus Falls Man Indicted for Stealing from ATMs in West-central Minnesota, North DakotaRead the Press Release
MINNEAPOLIS—Recently in federal court, a 31-year-old Fergus Falls man was indicted with stealing money from automated teller machines (“ATM”) in numerous locations in west-central Minnesota and in Wahpeton, North Dakota, between March 2005 and March 2012. On July 16, 2013, Christopher James Diestler was charged with one count of bank larceny. Diestler was arrested on July 17, 2013, and made his initial appearance yesterday in federal court.
The indictment alleges that from March 2005 through March 15, 2012, Diestler stole approximately $182,350 from Bremer Bank ATMs in Alexandria, Breckenridge, Detroit Lakes, Fergus Falls, and Morris in Minnesota, and in Wahpeton, North Dakota; a Wells Fargo ATM in Alexandria; and a U.S. Bank ATM in Fergus Falls. The thefts were committed while Diestler was carrying out his duties as an armored truck driver.
If convicted, Diestler faces a potential maximum penalty of ten years in prison. Any sentence will be determined by a federal district court judge. This case is the result of an investigation by the Minnesota Bureau of Criminal Apprehension, the Otter Tail County Sheriff’s Office, the Fergus Falls Police Department, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Lola Velazquez-Aguilu.An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.
Federal Jury Finds Washington County Man Guilty of Illegal Financial TransactionsRead the Press Release
PITTSBURGH - After deliberating two hours, a federal jury of seven men and five women found Daniel Young guilty of four counts of conspiracy and structuring financial transactions, United States Attorney David J. Hickton announced today.
Daniel Young, 42, of Eighty-Four, Pa., was tried before United States District Judge David S. Cercone in Pittsburgh, Pa.
According to Assistant United States Attorney Brendan T. Conway, who prosecuted the case, the evidence presented at trial established that Young participated with two other individuals in a conspiracy in which they structured financial transactions with financial institutions and business to avoid the filing of Currency Transaction Reports. Currency Transactions Reports are required to be filed when financial institutions and business received in excess of $10,000 in cash.
The jury also concluded that one vehicle, two pieces of equipment, two real estate properties, and $234,859 was forfeitable to the United States.
Judge Cercone scheduled sentencing for Dec. 4, 2013, at 1 p.m. The law provides for a total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the criminal history, if any, of the defendant.
The Internal Revenue Service-Criminal Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Young.
Federal Agent Arrested for Participating in A Cocaine and Marijuana ConspiracyRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Gregory K. Null, the Special Agent-in-Charge of the Department of Homeland Security, Office of the Inspector General, Northeast Region (“DHS-OIG”), and Terence S. Opiola, the Special Agent-in-Charge Northeast, Immigration and Customs Enforcement, Office of Professional Responsibility (“ICE-OPR”), announced today the arrest of Immigration Enforcement Agent KORDELL NESBITT for his participation in a conspiracy to distribute cocaine and marijuana. NESBITT was arrested last night and presented in Manhattan federal court before U.S. Magistrate Judge James L. Cott today. An alleged co-conspirator, SHERISSE THOMPSON, was arrested this morning in the Bronx, and was presented in Manhattan federal court before U.S. Magistrate Judge Gabriel W. Gorenstein. A second alleged co-conspirator, CHRISTOPHER SINCENO, was arrested today at his residence in Las Vegas, Nevada.
Manhattan U.S. Attorney Preet Bharara said: “Kordell Nesbitt had a duty to uphold the nation’s immigration laws. But as alleged, he also had a side job: coordinating the transport and sale of cocaine and marijuana with co-conspirators Christopher Sinceno and Sherisse Thompson. We will not tolerate abuses of trust by individuals who, tasked with preserving law and order, choose instead to engage in illicit activity.”
DHS-OIG Special Agent-in-Charge Gregory K. Null said: “The Office of Inspector General is committed to working with our law enforcement partners to identify and aggressively investigate all allegations of corruption to protect our borders and the integrity of DHS personnel, programs, and operations. Acts of corruption within DHS represent a threat to our nation and undermine the honest and hardworking employees who strive to maintain the integrity of the Department. Corruption will not be tolerated and those who choose to break the law will be pursued aggressively.”
ICE-OPR Special Agent-in-Charge Terence S. Opiola said: “The ICE Office of Professional Responsibility takes all allegations of employee misconduct seriously; and takes great pride in protecting the integrity of the ICE workforce and the agency mission through impartial and thorough investigations. The outcome of this investigation is the direct result of the successful, ongoing relationship between the ICE Office of Professional Responsibility and its law-enforcement partners.”
According to the two criminal Complaints unsealed today in Manhattan federal court:
NESBITT, an Immigration Enforcement Officer with Immigrations and Customs Enforcement (“ICE”), was responsible for, among other duties, escorting detained aliens both within the United States and internationally to foreign countries. In this capacity, he was authorized to carry a firearm at all times, and was able to avoid screening measures at airports to which civilian travelers are typically subjected.
Beginning in at least May 2013, NESBITT agreed to receive and distribute multiple packages containing cocaine, marijuana and other narcotics in the New York City area. He purchased the packages of narcotics from SINCENO and arranged for their delivery to THOMPSON’s residence in the Bronx. Once the packages reached THOMPSON’s residence, NESBITT sold the narcotics to his drug customers with her assistance.
Following his arrest last night, NESBITT, after being advised of, and waiving, his Miranda rights, stated: (1) he had purchased pound quantities of marijuana from SINCENO over the past two months; (2) THOMPSON had assisted him in distributing marijuana from her apartment; and (3) he had attempted to purchase $10,000 worth of cocaine from SINCENO, which he intended to sell. Following her arrest earlier today, THOMPSON, after being advised of, and waiving, her Miranda rights, admitted that she had assisted NESBITT in distributing marijuana from her apartment. Also earlier today, during a court-authorized search of THOMPSON’s residence, agents recovered a quantity of marijuana, a drug scale, and a set of ziplock bags.
NESBITT, 25, and THOMPSON, 33, both of the Bronx, New York, and SINCENO, 40, are each charged with one count of engaging in a conspiracy to violate the narcotics laws of the United States, namely, to distribute controlled substances containing marijuana and cocaine. They each face a maximum sentence of 20 years in prison.
Mr. Bharara praised the investigative work of the DHS-OIG and ICE-OPR. He also thanked ICE’s Homeland Security Investigations for its assistance in the investigation.
The case is being prosecuted by the Office’s Public Corruption Unit. Assistant United States Attorney Martin S. Bell is in charge of the prosecution.
The charges contained in the Complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.
U.S. v. Nesbitt, Sinceno Complaint
U.S. v. Sherisse Thompson ComplaintEngineer Convicted of Tax Fraud and ObstructionRead the Press Release
Orlando, Florida - Acting United States Attorney A. Lee Bentley, III announces that a federal jury found Daniel M. Metz (54, Oviedo) guilty yesterday of filing false claims and obstructing the IRS. Metz faces a maximum penalty of five years in federal prison for the false claims charge and a maximum penalty of three years for the obstruction charge. His sentencing hearing is scheduled for October 28, 2013, before Senior District Judge Gregory A. Presnell. Metz was indicted on August 19, 2012.
According to testimony and evidence presented at trial, Metz's business account was the subject of an IRS civil audit in 2009. During the course of the audit, the auditor realized that Metz had not filed personal tax returns for years 2005, 2006, and 2007. After being told about the missing returns, Metz prepared the returns and attached false 1099s that he also had prepared. Metz then mailed the returns to the auditor. Suspecting that the 1099s were false, the auditor requested records from Metz's personal bank accounts. The banks confirmed that the 1099s were false. The personal returns were never processed. Had the returns been processed, Metz would have received approximately $330,344 in refunds from the IRS. Through various means, Metz tried to hinder the IRS's investigation, including filing a lawsuit against the IRS Commissioner and the special agent who was conducting a criminal investigation. That lawsuit was ultimately dismissed.
Evidence at trial also showed that Metz, in 2009, had filed personal returns using false 1099s, which canceled out almost $500,000 in tax debt he owed to the IRS.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Tanya Davis Wilson.
Eight Arrested in Puerto Rico on Charges of Illegal Trade in Endangered Sea Turtles for Human ConsumptionRead the Press Release
Federal authorities arrested eight people in the cities of Arroyo and Patillas, Puerto Rico, yesterday on felony and misdemeanor charges for the illegal take, possession and sale of endangered sea turtles and their parts for human consumption as well as aiding and abetting violations of the Endangered Species and Lacey Act, announced Robert G. Dreher, the Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division and Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico.
Roberto Guzman Herpin, 34, Madelyne Montes Santiago, 37, Edwin Alamo Silva, 50, Juan Soto Rodriguez, 45, Ricardo Dejesus Alamo, 33, Jose Javier Rodriguez Sanchez, 40, Iris Lebron Montanez, 53, and Miguel Rivera Delgado, 55, all residents of Patillas and Arroyo, were arrested Thursday and made their appearances in federal court.
The takedown was led by special agents of the U.S. Fish and Wildlife Service (FWS), with assistance from the recently formed Puerto Rico Environmental Crimes Task Force, the U.S. Marshals Service, the Puerto Rico Police Department and the Puerto Rico Department of Natural Resources. Participating agencies of the task force currently include prosecutors from the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the District of Puerto Rico, FWS, the U.S. Environmental Protection Agency Criminal Investigation Division (EPA-CID), U.S. Immigration and Customs Enforcement- Homeland Security Investigations (ICE-HSI), the National Oceanic and Atmospheric Administration (NOAA) and the FBI.
In 2011, the FWS initiated an undercover operation to investigate the illegal trade in sea turtles for human consumption. During this investigation, it was determined that these illegal sales of sea turtle meat, confirmed through DNA analysis conducted by the FWS Forensic Lab, have resulted in the illegal take of 15 individual endangered hawksbill sea turtles (Eretmochelys imbricate) and 7 endangered green sea turtles (Chelonia mydas).
“Hawksbill and green sea turtles are protected by Puerto Rican law, nationally under the Endangered Species Act as well as internationally under CITES (Convention on International Trade in Endangered Species of Wild Flora and Fauna),” said U.S. Fish & Wildlife Service, Resident Agent in Charge David Pharo. “The protection from the illegal take and sale of this and of other marine life organisms is a priority of the U.S. Fish and Wildlife Service and is instrumental to the health of marine ecosystems for where they exist. These charges stem from a collaborative effort amongst law enforcement agencies to achieve a common goal of protecting our nation’s sensitive marine environments. It demonstrates our commitment to pursue those who violate fish & wildlife laws for the purpose of personal and or commercial gain as well as those that drive the illegal trade of marine life nationally and internationally.”
The cases are being prosecuted by Assistant U.S. Attorney Carmen Márquez. If convicted, the defendants face a maximum sentence of five years in prison and a $250,000 fine. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
The waters around Puerto Rico are designated as a critical habitat for the hawksbill and the green sea turtle. The most significant nesting for the hawksbill within the U.S. occurs in Puerto Rico and the U.S. Virgin Islands. Each year, about 500-1000 hawksbill nests are laid on Mona Island, Puerto Rico. The green sea turtle population has declined by 48-65 percent over the past century. Puerto Rico is also home to nesting sites for the endangered leatherback sea turtle, the largest species of turtle in the world. The leatherback sea turtle suffered a severe population crash due to human harvesting of its meat and eggs, and the destruction of its nesting habitat by beachfront development.
The Puerto Rico Environmental Crimes Task Force
Also today, representatives of federal criminal investigative agencies, the U.S. Attorney’s Office and the Department of Justice Environment and Natural Resources Division announced the creation of a Puerto Rico Environmental Crimes Task Force to investigate and prosecute environmental crimes on the island.
The commonwealth of Puerto Rico contains six national wildlife refuges (Cabo Rojo, Culebra, Desecheo, Laguna Cartagena, Navassa Island, Vieques) and is home to 25 endangered and threatened animal species, 21 of which are found nowhere else on earth. For instance, there are only 200 Puerto Rican parrots (Amazona vittata) remaining, with less than 50 left in the wild, making it one of the 10 rarest birds on Earth. The island is also home to 49 endangered and threatened plant species. There are 37 Resource Conservation and Recovery Act (RCRA) and Superfund cleanup sites on Puerto Rico.
Through the new task force, federal investigative agencies will coordinate their efforts to investigate and prosecute those responsible for committing serious environmental crimes. Federal laws have been enacted to protect the environment, but their enforcement requires the coordinated efforts and involvement of multiple federal law enforcement agencies with the assistance local law enforcement and the citizenry. The task force has three specific goals:
• Improve investigative coordination among the federal authorities who are responsible for protecting public health and the environment.
• Coordinate the available federal resources and improve the dissemination of information between the federal law enforcement agencies to better protect human health and the environment.
• Improve environmental awareness of the community to recognize violations of federal environmental laws and regulations.
“Through the effective and efficient coordination of federal agencies who will jointly investigate and prosecute environmental crimes on the island, the task force will help preserve the island’s abundant natural resources and wildlife, including endangered sea turtles,” said Robert G. Dreher, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “It is our hope and vision that these efforts will raise greater awareness about environmental crime, bring those who knowingly harm the environment to justice, and help preserve the island’s environment for generations to come.”
“With the creation of this Task Force we aim to protect the environment and the public’s health from exposure to environmental hazards, said Rosa Emilia Rodríguez-Vélez United States Attorney for the District of Puerto Rico. “We will vigorously investigate and prosecute those who do not comply with the environmental laws of the United States.”
“Puerto Rico’s high asthma rates and its incredible natural resources make pollution prevention together with the rigorous enforcement of environmental laws critical to the people of Puerto Rico,” said EPA Regional Administrator Judith A. Enck. “By pooling EPA resources and those of other agencies, the EPA’s Criminal Investigation Division and EPA’s Caribbean Environmental Protection Division can maximize the ability to ensure that those who willfully violate environmental laws are held accountable.”
“The task force will strengthen already existing enforcement partnerships that help protect Puerto Rico’s wildlife and rich wildlife heritage,” said Special Agent in Charge Luis Santiago, who oversees U.S. Fish and Wildlife Service Office of Law Enforcement operations in southeastern states, Puerto Rico and the U.S. Virgin Islands.
“This enforcement task force will be a great help for us in our mission to conserve, protect, and manage living marine resources in the commonwealth,” said Otha Easley, Acting Special Agent in Charge of NOAA’s Office of Law Enforcement Southeast Division, which covers eight southern states and all U.S. Caribbean territories. “Puerto Rico has a rich and diverse ecosystem, and this partnership is a significant step forward in its protection.”
For more information of environmental crime laws: www.justice.gov/enrd/ENRD_ecs.html
For more information on marine turtles: www.nmfs.noaa.gov/pr/species/turtles/
Defendant Sentenced to 151 Months’ Imprisonment for Assaulting Correctional Counselor at the Metropolitan Detention CenterRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, New York, Ronald Atkinson was sentenced to a term of imprisonment of 151 months for his violent assault on a correctional counselor while incarcerated at the Metropolitan Detention Center in Brooklyn, New York. The sentence will run consecutively to the 86 months’ incarceration remaining on Atkinson’s 2010 sentence for bank robbery. The sentence was imposed by United States District Judge Edward R. Korman, who also imposed a term of supervised release of three years.
The sentence was announced by Loretta E. Lynch, United States Attorney for the
Eastern District of New York; and George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office.“When held to account for his criminal activity that spanned the country, the defendant sought to continue his crime spree within the walls of the correctional institution, with his unprovoked and vicious assault on a federal employee. Today, Atkinson received the significant prison sentence called for by his actions,” stated United States Attorney Lynch. “Today’s sentence represents a clear warning to all federal prison inmates that assaults on Bureau of Prisons’ staff will be met with the full force of the law.”
Atkinson was arrested by the FBI on June 17, 2009, on charges that he committed four bank robberies in Manhattan and two in Las Vegas, Nevada. He was ordered detained and incarcerated at the Metropolitan Detention Center pending trial. On June 29, 2009, Atkinson committed a brutal and utterly unprovoked assault on a correctional counselor, punching him in the head multiple times until Atkinson was restrained. As a result of the assault, the correctional counselor suffered serious injuries, including a broken nose, broken bones under his right eye, broken bones in his right eye socket, a gash in his right cheek that required several stitches to close, two black eyes, a split lip, and two slipped discs in his neck, which continue to cause pain and numbness in the counselor’s arm and hand. The counselor also now suffers from migraines, vertigo, and post-traumatic stress disorder, none of which he suffered from prior to the assault.
As a result of all of these injuries, the counselor, an 18-year veteran of the Bureau of Prisons who had also worked at the Metropolitan Correctional Center in Manhattan and the Federal Detention Center in Miami, Florida, was forced to take a medical retirement from his job with the Bureau of Prisons.
Ms. Lynch thanked the Federal Bureau of Investigation and the Federal Bureau of Prisons for their assistance in this case.
The government’s case was prosecuted by Assistant United States Attorney Douglas M. Pravda.
The Defendant:
Name: RONALD ATKINSON
Age: 40Crowley Man Sentenced for Robbing Natchitoches Parish Post OfficeRead the Press Release
ALEXANDRIA, La. –United States Attorney Stephanie A. Finley announced thatRicky J. Scott, 44, of Crowley, La., was sentenced Wednesday by U.S. District Court Judge Dee D. Drell to 90 months in prison with three years supervised release for robbing a Cloutierville U.S. Post Office.
On Jan. 23, 2013, Scott pleaded guilty to robbery of U.S. property. According to evidence presented at the guilty plea, on Aug. 24, 2012, Scott approached a U.S. postal worker who was alone in the Cloutierville post office. Scott pretended to purchase a money order. After the employee opened the cash register, Scott, who appeared to have a weapon in his pocket, threatened her and told her to hand over the money. After the postal employee gave him money from the register, he fled the scene. After fleeing Natchitoches Parish, Scott was eventually apprehended by the Rapides Parish Sheriff’s Office.
The U.S. Postal Inspection Service, the Natchitoches Parish Sheriff’s Office, and the Rapides Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney D. Cytheria Jernigan prosecuted the case.
Connecticut Man Sentenced to 70 Months in Federal Prison for Mailing Threatening LettersRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that ROLAND PREJEAN, also known as “Gary Joseph Gravelle,” 46, formerly of Thomaston and Morris, Conn., was sentenced today by Senior United States District Judge Warren W. Eginton in Bridgeport to 70 months of imprisonment, followed by three years of supervised release, for mailing numerous threatening letters.
According to court documents and statements made in court, in early September 2010, PREJEAN mailed a threatening letter to the Thomaston Post Office claiming that he had planted a hidden bomb on a remote timer in the Post Office. The letter resulted in the evacuation of the Thomaston Post Office as well as the Thomaston Town Hall and a Thomaston Public School, which were in the immediate vicinity of the Post Office. Bomb technicians from the Connecticut State Police Emergency Services Unit searched the post office for explosive or incendiary devices with negative results.
In addition, PREJEAN mailed a letter to a Connecticut Superior Court Judge in New London that included a substance that was represented to be “Liquid Anthrax,” and he sent threatening letters to a private individual and a probation officer in Connecticut. In those letters PREJEAN threatened to kill numerous people, including a federal employee.
At today’s sentencing, the government also presented evidence of more than 50 other threatening letters that PREJEAN mailed both prior to his arrest and while he was detained in federal custody.
PREJEAN has been detained since his arrest in North Dakota on September 7, 2010. On January 10, 2013, he pleaded guilty to one count of using the U.S. Mail to communicate a bomb threat and four counts of mailing threatening communications.
Acting U.S. Attorney Daly commended the substantial efforts and cooperation of the several agencies involved in this investigation including the Federal Bureau of Investigation in New Haven, Minneapolis, and Bismarck; the United States Postal Inspection Service in Connecticut and North Dakota; the United States Marshals Service in Connecticut; the Connecticut State Police Emergency Services Unit and the Thomaston Police Department.
Acting U.S. Attorney Daly also acknowledged the assistance provided by the U.S. Attorney’s Office for the District of North Dakota.
This case was prosecuted by Assistant United States Attorney David E. Novick.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Cocaine, Firearms Seized; Two Arrested in South County Drug Trafficking InvestigationRead the Press Release
PROVIDENCE, R.I. – An ongoing investigation into the alleged trafficking of crack cocaine in South Kingstown and Narragansett resulted in the arrest on Thursday of a Narragansett couple, Damon Graham, 33, and Ashley Sekator-Graham, 30, and the seizure of crack cocaine, cocaine powder and two firearms, announced United States Attorney Peter F. Neronha, South Kingstown Police Chief Vincent Vespia, Narragansett Police Chief Dean Hoxsie and John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division.
Graham was ordered detained by U.S. District Court Magistrate Judge Lincoln D. Almond following his initial appearance in U.S. District Court on Thursday on a criminal complaint charging him with one count each of conspiracy to distribute cocaine base, conspiracy to possess with the intent to distribute 28 grams or more of cocaine base and being a felon in possession of a firearm.
Sekator-Graham was released to home confinement with electronic monitoring following an initial appearance before Magistrate Judge Lincoln D. Almond on Thursday on a criminal complaint charging her with one count each of conspiracy to distribute cocaine base and conspiracy to possess with the intent to distribute 28 grams or more of cocaine base.
According to an affidavit in support of the criminal complaints filed with the court, an investigation by South Kingstown Police, Narragansett Police and the Drug Enforcement Administration (DEA) into the alleged drug trafficking activities of the couple in South Kingstown included electronically monitored drug sales and the execution of a court authorized search of the couple’s Narragansett home. According to the affidavit, the search of the couple’s home resulted in the seizure of nearly 130 grams of crack cocaine, a 9mm handgun and ammunition, and more than $3,700 in cash.
In addition, a court authorized search of a storage unit in Narragansett resulted in the seizure of approximately seven ounces of cocaine powder and a .38 caliber handgun and ammunition.
A criminal complaintis merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
South Kingstown Police, Narragansett Police and DEA agents are being assisted in this matter by the Rhode Island State Police and agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is being prosecuted by Assistant U.S. Attorneys Pamela E. Chin and Paul F. Daly, Jr.
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