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4 September 2013
Federal Jury Convicts Former CEO of Schneider Regional Medical Center of Tax FraudRead the Press Release
St. Thomas, USVI - After a two-day trial in district court on St. Thomas, a federal jury convicted Rodney E. Miller, Sr., 41, of causing, and aiding and assisting in the preparation of his personal Individual Income Tax Return, Form 1040 for calendar year 2006, United States Attorney Ronald W. Sharpe, Internal Revenue Service Special Agent in Charge Michael DePalma and Internal Revenue Service Head of the Special Enforcement Program Terry Travers, announced today.
According to the evidence presented at trial, in 2007, Miller willfully filed his income tax return for the tax year 2006, knowing that it was false and fraudulent as to a material matter. Specifically, Miller reported total income in the amount of $265,198.00, whereas he then and there knew and believed that his true total income was $510,947.00.
Miller faces a maximum penalty of three years in prison, a maximum fine of $250,000, and a special assessment of $100. Sentencing is scheduled for December 5, 2013.
U.S. Attorney Sharpe commended the efforts of the Internal Revenue Service, which investigated the case. The case was prosecuted by Assistant United States Attorney Kim L. Chisholm.
Federal Court Permanently Bars Texas Tax Preparer from Preparing Tax Returns for OthersRead the Press Release
The Justice Department announced today that a federal court has permanently barred Nina Thompson Price from preparing federal tax returns for others. The civil injunction order, to which Thompson Price consented, was signed Sept. 3, 2013, by Judge Nancy F. Atlas of the U.S. District Court for the Southern District of Texas.
In the consent order, Thompson Price agreed that she, individually, and doing business as N.M. & T. Tax Service, prepared over 1,500 federal tax returns for customers during tax years 2009, 2010 and 2011 claiming false and exaggerated Schedule C business deductions and education credits, as well as other deductions to understate her clients’ tax liabilities and overstate their tax refunds. The complaint alleges the United States suffered a total harm exceeding $100,000.
The Internal Revenue Service lists tax-preparer fraud as one of the “Dirty Dozen” tax scams. In the last decade the Justice Department has obtained injunctions against hundreds of tax-return preparers and tax-fraud promoters. Information about these cases is available at www.justice.gov/tax/taxpress2013.htm.
Related Materials:
United States v. Nina Thompson Price, etc.
Complaint for Permanent Injunction and Other Relief
Stipulated Judgment of Permanent Injunction Against Nina Thompson Price also known as Nina Thompson d/b/a N.M. & T Tax ServiceEdison, N.J., Man Pleads Guilty to Production, Distribution of Child Sex Abuse ImagesRead the Press Release
TRENTON, N.J. - An Edison, N.J., man who once worked as a school crossing guard admitted today to taking compromising photographs of a naked child and distributing them and hundreds of other photographs of child sexual abuse over the Internet, U.S. Attorney Paul J. Fishman announced.
Kenneth Christensen, 44, pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an information charging him with one count of production of child pornography and one count of distribution of child pornography. He has been detained since his arrest in February 2013.
According to documents filed in this case and statements made in court:During his guilty plea proceeding, Christensen – who worked as a school crossing guard in Metuchen, N.J., prior to his arrest – admitted that in 2012, he sent four individuals emails containing several hundred images of child pornography, including sadistic and masochistic conduct. Christensen acknowledged he distributed more than 600 such images.
Christensen also admitted that some of the files he distributed were photographs he took himself, including in his own bedroom, of a naked, prepubescent child who was bound in some of the images.
The production count carries a maximum potential penalty of 30 years in prison and a mandatory minimum sentence of 15 years in prison. The distribution count carries a maximum potential penalty of 20 years in prison and mandatory minimum sentence of five years in prison. Each count also carries a maximum $250,000 fine. Christensen is also required to register as a sex offender. Sentencing is scheduled for Dec. 9, 2013.
U.S. Attorney Fishman praised special agents with the FBI, under the direction of Special Agent in Charge Aaron T. Ford, for the investigation.
The government is represented by Assistant U.S. Attorney David M. Eskew of the U.S. Attorney’s Office General Crimes Unit in Newark.
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Defense counsel: Assistant Federal Public Defender K. Anthony Thomas, Newark
Christensen, Kenneth Information
Ebensberg Woman Sentenced to Prison for Conspiring to Defraud the IRSRead the Press Release
JOHNSTOWN, Pa. - A resident of Ebensburg, Pa., was sentenced in federal court to 12 months plus one day in prison and three years supervised release, on her conviction of conspiracy, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on Roxanne Lamer, 46.
According to information presented to the court, from June 9, 2007, to April 15, 2008, Lamer conspired with others to defraud the United States by assisting a co-conspirator in concealing money from the Internal Revenue Service in order for the co-conspirator to avoid paying income tax.
Assistant United States Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
Mr. Hickton commended the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation and the Ebensburg Borough Police Department for the investigation leading to the successful prosecution of Lamer.
Dominion Hospital Agrees to Settle Claim That It Failed to Provide Effective Communication Services to Deaf IndividualsRead the Press Release
ALEXANDRIA, Va. – The United States Attorney’s Office announced today a $55,000 settlement under the Americans with Disabilities Act (ADA) with Dominion Hospital, which is located in Falls Church, Virginia and is part of the HCA Virginia Health System, to ensure effective communication with individuals who are deaf or hard of hearing in the provision of medical services.
The United States Attorney’s investigation commenced with a complaint from the public and alleged that Dominion Hospital violated the ADA by failing to provide appropriate auxiliary aids and services, including sign language interpreter services, to deaf individuals who were family members of a patient being treated at Dominion Hospital during critical junctures, including: (1) the admission of the patient to the hospital; (2) during visiting hours when family members needed to discuss important and complex topics related to symptoms and treatment; and (3) at a family meeting. The complainants alleged that because of the hospital’s failure to provide sign language interpreter services, deaf individuals were denied the benefit of effective communication with hospital clinical staff and the opportunity to effectively participate in treatment decisions.
“This settlement exemplifies the United States Attorney’s Office’s commitment to protect the rights of those who are deaf or hard of hearing and to ensure that they are able to communicate with health care professionals, especially at critical moments in the medical care of family members,” said United States Attorney Neil MacBride.
The settlement agreement requires that Dominion Hospital pay $55,000 to the aggrieved individuals; provide training to hospital staff on the requirements of the ADA; and adopt specific policies and procedures to ensure that auxiliary aids and services are promptly provided to patients and companions who are deaf or hard of hearing.
This matter was handled by Assistant United States Attorney Steven Gordon, who coordinates the United States Attorney’s Office Civil Rights Initiative.
This case is a part of the Department of Justice’s Barrier-Free Health Care Initiative, which seeks to enforce the ADA’s prohibition of discrimination against disabled individuals by health care providers, including hospitals. Through the Barrier-Free Health Care Initiative, U.S. Attorneys' offices across the nation and the Department's Civil Rights Division target their enforcement efforts on a critical area for individuals with disabilities – access to medical services and facilities. The Barrier-Free Health Care Initiative is a multi-phase initiative that includes effective communication for people who are deaf or have hearing loss, physical access to medical care for people with mobility disabilities, and equal access to treatment for people who have HIV/AIDS.
The Department of Justice has a number of publications available to assist entities to comply with the ADA, including a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings, www.ada.gov/hospcombr.htm. For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD. ADA complaints may be filed by email to [email protected].
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.Defendant Sentenced to 10 Years for Sex Crime Committed While in Treatment at LarnedRead the Press Release
WICHITA, KAN.-- A Kansas man who pleaded guilty to an Internet sex crime that took place while he was in the Kansas Sexual Predator Treatment Program at Larned State Hospital has been sentenced to 10 years in federal prison, U.S. Attorney Barry Grissom said today.
Mark D. Brull, 39, Larned State Hospital, pleaded guilty to one count of transferring obscene material to a child. In his plea, he admitted that while he resided at Larned State Hospital he became friends with co-defendant Ryan J. Dancosse, a resident of Wichita. Brull provided Dancosse with the passwords to Brull's social networking profiles including Facebook, Twitter, Flickr and Youtube, as well as his email account. With Brull's knowledge and agreement, Dancosse found and copied images of pornography and then uploaded the images to Brull's accounts for others to see and discuss.
In April 2011, Brull and Dancosse began communicating with a 14-year-old boy living in Massachusetts. In April and May 2011 Brull communicated with the boy via email and telephone. Brull guided the boy to his social networking profiles on the Internet, where he knew Dancosse had uploaded pornography. The boy was able to view the images on his computer and then discuss them with Brull. The images included depictions of nude males performing sexual acts.
Co-defendant Ryan J. Dancosse, 40, Wichita, Kan., pleaded guilty to one count of receiving child pornography. He is set for sentencing Oct. 2.
Grissom commended the Kansas Internet Crimes Against Children Task Force, the Wichita Police Department and the Sudbury, Mass., Police Department , U.S. Attorney Jason Hart and Assistant Attorney General Steve Karrer of Kansas Attorney General Derek Schmidt’s office.Danville Resident Ordered DenaturalizedRead the Press Release
SAN FRANCISCO – Jie Zhong’s naturalization was revoked and set aside by the United States District Court on Thursday, August 29, 2013, United States Attorney Melinda Haag announced. The court’s decision followed a trial before the Honorable Maria-Elena James, U.S. Magistrate Judge.
Evidence at trial showed that Zhong, 37, of Danville, Calif., falsely claimed to be a Falun Gong practitioner, and obtained asylum based on that false claim. He then applied for permanent residency; however, after waiting four years for that application to be approved, Zhong divorced his Chinese national wife and married a United States citizen for the purpose of obtaining an immigration benefit. Zhong’s first asylum-based application for permanent residency was approved, and he received naturalization based on that status. In late 2010, an officer with U.S. Citizenship and Immigration Services (USCIS) began investigating Zhong because she believed there were some indications of marriage fraud.
Judge James found in favor of the United States on all counts alleged in the complaint. Specifically, Judge James found that Zhong illegally procured citizenship because he engaged in marriage fraud and asylum fraud. Judge James further found that Zhong illegally procured citizenship because he provided false testimony under oath and thus lacked the good moral character requisite for naturalization, and because he procured naturalization by concealment of a material fact.
“The prosecution of this case demonstrates the commitment of this office to preventing immigration fraud,” said United States Attorney Melinda Haag. “Both naturalization and asylum are precious immigration benefits, and it is important to ensure that the path to each is secure.”
“When people enter the United States, immigrate and later become citizens, all done through fraud, their unlawful actions harm the integrity of our immigration system,” said San Francisco District Fraud Detection and National Security Chief Rebecca Galindo. “We at USCIS are proud of having discovered this double fraud, and of having developed the case for successful prosecution.”
Assistant U.S. Attorney Melanie L. Proctor prosecuted the case with the assistance of Paralegal Tiffani Chiu, and Legal Assistants Tina Louie and Kathy Terry. Trial Attorney Stacey Young, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, served as co-counsel on the case. The prosecution is the result of a one-year investigation by USCIS and U.S. Immigration and Customs Enforcement, both part of Department of Homeland Security.
(Zhong order )
DOJ Awards Grants to Seattle Police, Skokomish Tribe for Programs to Protect Children from PredatorsRead the Press Release
U.S. Attorney Jenny A. Durkan announced today that significant federal funding has been awarded to the Seattle Police Department and the Skokomish Indian Tribe aimed at keeping youth safe from sex predators. The Seattle Police Department received nearly $430,000 to fund its internet Crimes Against Children (ICAC) Task Force. The Skokomish Tribe received more than $274,000 to fund sex offender registration and monitoring on tribal lands.
“There is no higher priority than the safety of our children both online and in our communities,” said U.S. Attorney Jenny A. Durkan. “These federal funds make a critical difference in both our urban and rural settings to the challenges faced by law enforcement. I congratulate the Skokomish Tribe and the Seattle Police Department for securing these grants through a competitive process.”
The grant award to the Seattle Police Department is from the Bureau of Justice Assistance (BJA) and will fund a commander, detective, training and equipment for the Internet Crimes Against Children Task Force. The funding is part of the PROTECT Act of 2008 that targets the use of the internet to prey on children. Some of the funding will be used for outreach to schools and parents about emerging technologies that could be misused and pose a risk to children.
The grant to the Skokomish Tribe is part of the Adam Walsh Child Protection and Safety Act of 2006. The funding will allow the tribe to hire a compliance officer to ensure sex offender registration and community notification. The grant will allow for greater community outreach and education and will allow the tribe to set up a kiosk at the Tribal Center where residents can get information about registered sex offenders in their community.
Chamberlain Man Charged with Possession with Intent to Distribute A Controlled Substance and Drug User in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chamberlain, South Dakota, man has been indicted by a federal grand jury.
Rodney Hickey, age 48, was indicted on July 17, 2013, for Possession with Intent to Distribute a Controlled Substance and Drug User in Possession of Firearm. Hickey appeared before U.S. Magistrate Judge Mark A. Moreno on August 28, 2013, and pled not guilty to the Superseding Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $200 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Hickey is presumed innocent until and unless proven guilty.
The Superseding Indictment alleges that on or about January 12, 2013, Hickey knowingly and intentionally possessed with intent to distribute hydrocodone, a Schedule III controlled substance. It also alleges that he knowingly possessed firearms while being a drug user.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Hickey was remanded to the custody of the U.S. Marshals Service until an electronic device can be in place and his warrant has been satisfied. A trial date has been set for October 22, 2013.Cambria County Man Pleads Guilty to Conspiracy and Firearms ViolationsRead the Press Release
Prosecution is Part of Project Safe Neighborhoods Initiative
JOHNSTOWN, Pa. - A resident of Ebensburg, Pa., was sentenced in federal court to 21 months in prison, three years supervised release and ordered to pay restitution in the amounts of $125,977 to the Internal Revenue Service and $390,544 to the Estate of Edward R. Szuch, on his conviction of conspiracy and violating federal firearms laws, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on David Eugene Lamer, 47.
According to information presented to the court, from June 9, 2007, to Apr. 15, 2008, Lamer conspired with others to defraud the United States by concealing money from the Internal Revenue Service in an effort to avoid paying income taxes. Also, on Sept. 2, 2010, Lamer possessed a FIE, Model Standard .38 caliber pistol, and on Sept. 3, 2010, Lamer possessed a Remington, Model 760, .30-06 caliber rifle, a Marlin, Model 1894, .357 caliber rifle, and a Savage/Stevens (Western Field) Model 30, 16 gauge shotgun. On Jan. 8, 1986, Lamer was convicted in Cambria Co., Pa., of burglary, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms or ammunition.
Assistant United States Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
According to Mr. Hickton, this case was prosecuted as part of the Project Safe Neighborhoods initiative, a collaborative effort by federal, state, and local law enforcement, agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
Mr. Hickton commended the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation and the Ebensburg Borough Police Department for the investigation leading to the successful prosecution of Lamer.
Bullhead Woman Charged with Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, woman has been indicted by a federal grand jury.
Darla Yellow Earrings, age 49, was indicted on August 21, 2013, for Assaulting, Resisting and Impeding a Federal Officer. She appeared before U.S. Magistrate Judge William D. Gerdes on August 29, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction of the charge is 20 years' imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 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 stems from the alleged assault of a federal law enforcement officer in July of 2013, with the use of an automobile.
The charge is merely an accusation, and Yellow Earrings is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Yellow Earrings was released, subject to conditions. A trial date has been set for November 5, 2013.Brothers Get Long Federal Prison Sentences for Armed Bank Robbery, Assault on A Federal Officer and Related Firearms OffensesRead the Press Release
DALLAS — Brothers Johnny Charles Butler, 46, and James Robert Cleveland Butler, 44, of Quinlan, Texas, were sentenced this afternoon by U.S. District Judge Jorge A. Solis to 35 years and 25 years, respectively, in federal prison, following their guilty pleas earlier this year, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Johnny Butler pleaded guilty to two counts of armed bank robbery, one count of assaulting a federal officer and one count of using and carrying a firearm during and in relation to a crime of violence. James Butler pleaded guilty to two counts of armed bank robbery and one count of using, carrying and brandishing a firearm during and in relation to, and possession of a firearm in furtherance of a crime of violence. Both have been in custody since their arrest in August 2012.
According to documents filed in the case, both Johnny Butler and James Butler admitted committing the armed, takeover-style robberies of Bank of America, 100 West Highway 80, Forney, Texas, on November 25, 2011, and May 18, 2012.
Johnny Butler also admitted firing three shots from a .357 caliber pistol at FBI SWAT agents while they were attempting to execute a federal search warrant at his Quinlan residence on August 2, 2012.
The investigation was conducted by the Safe Street Violent Crime Task Force of the FBI. Assistant U.S. Attorney Keith Robinson was in charge of the prosecution.
Biloxi Man Sentenced on Federal Gun ChargesRead the Press Release
Gulfport, Miss - George Lewis Blackledge III, 34, of Biloxi, was sentenced in U.S. District Court today to 46 months in federal prison followed by three years of supervised release for possession of a firearm by a convicted felon, U.S. Attorney Gregory K. Davis announced. He was also ordered to pay a $3,000 fine.
In addition, seventeen firearms and several large capacity magazines recovered from Blackledge’s home were forfeited by the State of Mississippi.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Biloxi Police Department. It was prosecuted by Assistant United States Attorney Annette Williams.
###If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
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Attorney General Holder Announces Move to Extend <br /> Veterans Benefits to Same-Sex Married CouplesRead the Press Release
In the Obama administration’s latest step to ensure equal treatment for same-sex married couples following the Supreme Court’s decision to strike down a key section of the Defense of Marriage Act, U.S. Attorney General Eric Holder announced Wednesday that President Obama has directed the Executive Branch to take steps allowing for same-sex spouses of military veterans to collect federal benefits.The new policy means that the administration will no longer enforce statutory language governing the Department of Veterans Affairs (VA) and the Department of Defense (DoD) that restricts the awarding of spousal benefits to opposite-sex marriages only. The language, contained within Title 38 of the U.S. Code, has, until now, prevented the Executive Branch from providing spousal benefits to veterans—and in some instances active-duty service members and reservists—who are in same-sex marriages recognized under state law.
In a letter to Congressional leaders, Holder stated that the President’s decision was consistent with the Court’s decision in Windsor in June.
“Although the Supreme Court did not directly address the constitutionality of the Title 38 provisions in Windsor, the reasoning of the opinion strongly supports the conclusion that those provisions are unconstitutional under the Fifth Amendment,” Holder wrote.
The decision not to enforce Title 38 aligns with the Obama administration’s determination last year that two provisions of Title 38 that govern benefits for veterans and their families were unconstitutional as applied to legally married same-sex couples. At that time, the Attorney General informed Congress that the Department would no longer defend the Title 38 provisions, but that the Executive Branch would continue to enforce them. Today’s announcement makes clear that enforcement of the provision in Title 38 defining marriage as between a man and a woman will now cease.
The announcement comes after the House Bipartisan Legal Advisory Group (BLAG) recently decided to stop defending the Title 38 provisions in pending cases. In addition, last week, a federal district court in California held the Title 38 provisions unconstitutional on equal protection grounds. After consideration of these developments and a recommendation by the Attorney General, the President directed the Executive Branch to cease enforcement of the Title 38 provisions.
A copy of the letter from the Attorney General to Congressional leaders is attached.Related Materials:
Attorney General Holder's Letter to Congress
Armed Robber Exiled to over 13 Years in PrisonRead the Press Release
Greenbelt, Maryland - U.S. District Judge Roger W. Titus sentenced Davon Stephon Williams, age 23, of Washington, D.C, today to 162 months in prison followed by five years of supervised release for two counts of robbery and using a gun during a robbery. Judge Titus further ordered that Williams pay restitution of $242,248.53.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Chief Mark A. Magaw of the Prince George’s County Police Department.
According to his plea agreement, on October 7, 2011, Williams and a co-conspirator, both armed with handguns, entered the cash office in a Walmart in Hyattsville, Maryland and demanded money from employees. The gunmen fled the store with $140,000 and sped away in a stolen van.
On January 9, 2012, Williams and his co-conspirators robbed the Down Town Locker Room in Forestville, Maryland of $1,248.53. Employees were outside the store, in the process of closing the front door and leaving to take store money to the bank. Williams and his co-conspirators pulled up in a mini-van. At least two co-conspirators aimed handguns at the employees. One of the co-conspirators held a handgun to the head of an employee who was an armed security guard and took her firearm. The conspirators fled after receiving the store money.
On January 16, 2012, a co-conspirator of Williams and co-defendant Jeffery Adams confronted an employee of Garda Cash Logistics who was carrying a bag containing $88,659.03 in cash and $13,337.90 in checks from the Bowie Walmart store to a Garda armored transport vehicle parked in front of the store. The robber pointed his handgun at the Garda employee and demanded the money. After the Garda employee complied, the robber ran with the money bag into a stolen van occupied by Williams, Adams and others. The van sped away and was located shortly thereafter. Williams’ cell phone was found inside the van.
In addition to actively participating in these robberies, Williams helped plan and prepare these crimes.
Jeffery Louis Adams, age 34, of Washington, D.C., previously pleaded guilty to his participation in the January 16 robbery and to two other robberies: a bank in Lexington Park, Maryland, stealing $109,750; and a credit union in Clinton, Maryland, stealing $100,427. Adams is scheduled to be sentenced on December 16, 2013.
United States Attorney Rod J. Rosenstein commended the FBI and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney William D. Moomau and Special Assistant United States Attorney Gerald A. A. Collins, a cross designated Maryland Assistant Attorney General assigned to Exile cases, who prosecuted the case.
Angelina County Man Sentenced for Robbing Post OfficeRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A 30-year-old Lufkin, Texas man has been sentenced to federal prison for robbing a post office in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Keith DeWayne Bailey pleaded guilty on June 19, 2013, to post office robbery and was sentenced to 33 months in federal prison today by U.S. District Judge Ron Clark.
According to information presented in court, on Oct. 1, 2012, Bailey entered the United States Post Office in Woodville, Texas and handed a note to a postal employee indicating he had a concealed weapon, he was robbing the post office, and demanding the money in the register. The postal employee went to the back of the post office and gave the note to her supervisor. When the postal employee returned to the front of the post office, Bailey had already left the building. The postal employee called 911 and gave a detailed description of the suspect. Less than 10 minutes later, a law enforcement officer responding to the scene observed a suspect matching the description a few blocks from the post office. Bailey was arrested without incident and admitted to attempting to rob the post office.A federal grand jury returned an indictment on Oct. 3, 2012 charging Bailey with federal violations.
This case was investigated by the U.S. Postal Inspection Service and the Woodville Police Department and prosecuted by Assistant U.S. Attorney Joseph R. Batte.
Ammon Man Sentenced for Selling Meth in BlackfootRead the Press Release
POCATELLO – Jesus Manuel Avila, 46, of Ammon, Idaho, was sentenced yesterday in United States District Court to 12 months in prison, followed by 12 months of home detention with electronic monitoring, for distributing five grams or more of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Avila to serve five years of supervised release and pay a $1,000 fine. He pleaded guilty to the charge on March 19, 2013.
According to the plea agreement, on two occasions, including August 1, 2011, Avila agreed to sell methamphetamine to another individual. Avila subsequently met with the individual in Blackfoot, Idaho, where he sold an ounce of methamphetamine containing five grams or more of methamphetamine.
The case was investigated by the Idaho State Police.
Ambulance Company Owners Sentenced to Prison for Health Care Fraud SchemeRead the Press Release
PHILADELPHIA - Aleksandr N. Zagorodny, 40, of Southampton, PA, was sentenced today to 78 months in prison for a healthcare fraud scheme involving MedEx Ambulance, Inc., located in Feasterville, PA. Zagorodny was the President and a founder of MedEx Ambulance. His 36 year-old brother, Sergey Zagorodny, from Philadelphia, PA, the former Vice-president and co-owner of the company, was sentenced to 60 months in prison for his involvement in the health care fraud scheme. MedEx Ambulance was ordered to be dissolved after it has been excluded from participation in Medicare and its assets are transferred to the government to satisfy restitution and forfeiture obligations. Each defendant had pleaded guilty to all counts in a 41-count indictment including health care fraud, false statements in connection with health care matters, wire fraud, and conspiracy to commit health care fraud and wire fraud.
Defendant MedEx Ambulance and its owners transported patients who were able to walk and could travel safely by means other than ambulance and who were not eligible for ambulance transportation under Medicare requirements. Falsified reports made it appear that the patients needed to be transported by ambulance when the defendants and their employees knew otherwise. The defendants billed for the ambulance services as if those services were medically necessary. The Medicare program was bilked out of more than $3.4 million through this fraud.
U.S. District Court Judge Berle M. Schiller also ordered restitution to Medicare in the amount of $3,418,358.81, a special assessment of $4,100 for each individual defendant and $16,400 for the corporation, and a 3-year term of supervised release for the individuals and 5 years of probation for the corporation. The Court ordered the forfeiture of four ambulances that had been purchased for over $200,000, as well as forfeiture of bank accounts worth over $40,000, and entered a money judgment against the defendants for $3,418,358.81. In connection with the sentencing, the company agreed to sell its base of operations and to provide the proceeds of that sale to the government in partial satisfaction of the defendants’ restitution obligations. The defendants and their wives also pledged to sell their family homes, as well as additional property, and to provide the proceeds of the sale of those assets to partially satisfy the defendants’ restitution obligations.
The case was investigated by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services, Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Matthew J.D. Hogan.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-852598 Months for Two-Time Alien Smuggler Who Assaulted Border Patrol AgentRead the Press Release
LAREDO, Texas – Jose Alberto Izquierdo-Gonzalez, 28, an undocumented Mexican alien who had been living in Laredo, has been ordered to federal prison for assaulting Border Patrol agents and transporting aliens, announced United States Attorney Kenneth Magidson. Izquierdo-Gonzalez entered a plea of guilty March 28, 2013.
Today, Senior U.S. District Judge George P. Kazen sentenced him to a term of 98 months in federal prison. In handing down the sentence, Judge Kazen took note of the defendant’s prior convictions for alien transporting in 2009, entering illegally in the same year as well as damages to a Border Patrol (BP) unit he rammed while trying to elude apprehension. When asked why he had behaved so recklessly, Izquierdo-Gonzalez simply stated that he had gotten scared and panicked because he didn’t want to go to jail. Judge Kazen countered by reminding him that he had assaulted BP agents in 2008 and stated to the defendant that he “must have a bad reaction to these arrests…some people are just like that.” He then told Izquierdo-Gonzalez that he now takes “the big prize” by “smashing vehicles…having persons flopping around in the back of the truck” and hitting agents.
According to court records and testimony presented at this morning’s hearing, BP agents saw Izquierdo-Gonzalez loading persons onto his Ford F-250 truck on Jan. 8, 2013, near the Rancho Viejo Subdivision in Laredo. Upon seeing the agents, Izquierdo-Gonzalez sped away from the riverbanks with aliens in the cab and some in the bed of the truck. One alien who hung onto the truck’s rear bumper was dragged for some distance. After a short pursuit through a residential area involving the truck traveling on residential sidewalks and knocking down a stop sign, he eventually lost control and stopped, facing the agents’ vehicles.With persons still in the bed of the pickup truck, Izquierdo rammed the BP vehicles, injuring one of the agents. He then sped away until he lost control again and crashed into a nearby ditch. Miraculously, the persons in the bed managed to remain in the truck, but were treated for injuries at a local hospital. Izquierdo-Gonzalez was apprehended almost immediately by the agents after abandoning his truck and the passengers. Two of the passengers were identified as aliens illegally in the United States who said they had paid smugglers to get a ride from Izquierdo-Gonzalez.
Izquierdo-Gonzalez maintained not knowing there were persons in the bed of his truck, claiming he was giving a ride to his girlfriend, an undocumented alien who had just crossed from Mexico, and one other person whom he had just picked up.
The matter was investigated by the FBI and Homeland Security Investigations with the assistance of BP, Laredo Police Department and the Webb County Sheriff’s Department. Assistant United States Attorney Homero Ramirez prosecuted the case.
3 September 2013
“Dirty DUI” Cop Convicted of Extortion and Honest Services FraudRead the Press Release
Stephen Tanabe, a former deputy with the Contra Costa County Sheriff’s Office, was convicted today by a federal jury in San Francisco, United States Attorney Melinda Haag announced. The jury found Tanabe guilty of two counts of extortion under color of official right, in violation of 18 U.S.C. § 1951; three counts of wire fraud on a deprivation of honest services theory, in violation of 18 U.S.C. §§ 1343 and 1346; and one count of conspiracy to commit honest services fraud, in violation of 18 U.S.C. § 1349. Tanabe was acquitted on one extortion count.
According to evidence presented at trial, Tanabe conspired to and engaged in a scheme to take bribes in exchange for his services as a deputy sheriff, thereby depriving the people of Contra Costa County of their right to his honest services. Specifically, the evidence showed that Christopher Butler, a former Antioch Police Officer turned private investigator, was hired by wives and ex-wives engaged in divorce and child custody proceedings to arrange “stings” against their spouses, whom they told Butler had a propensity to drive under the influence of alcohol. Butler used “decoys” to entice the sting targets to bars in downtown Danville, where Tanabe was assigned to patrol, and encourage them to drink.
For one sting, Tanabe joined Butler in a bar while off-duty, watching two attractive young women working for Butler drink with a sting target. Evidence showed that, in exchange for a promise of cocaine, Tanabe notified an on-duty Deputy that the sting target was about to drive away, having been lured by the prospect of a hot tub with the two women. For two other stings, the evidence showed that Tanabe, then on-duty, waited outside the Vine Bar in Danville and then arrested the targets in exchange for a Glock handgun.
“This conviction confirms that Stephen Tanabe did not serve his community with honor or integrity, but instead set up unsuspecting citizens and abused the public trust,” said United States Attorney, Melinda Haag. “Law enforcement officers are hard-working, honorable men and women who work selflessly every day to keep us safe. Stephen Tanabe is the exception, and he does not deserve the badge he was wearing.”
The maximum statutory penalties for honest services wire fraud under 18 U.S.C. §§ 1343 and 1346, conspiracy to commit same under 18 U.S.C. § 1349, and extortion under color of official right under 18 U.S.C. § 1951, are 20 years imprisonment; $250,000 fine; and five years of supervised release. However, any sentence following this conviction will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Butler entered into a cooperation plea agreement with the government on May 7, 2012, and was sentenced on September 25, 2012, to 96 months in prison.
Tanabe, 50, was originally indicted on December 15, 2011. The Superseding Information on which he was tried filed June 12, 2013. Sentencing is scheduled for December 11, 2013, at 10:00 a.m., before U.S. District Judge Charles R. Breyer.
The U.S. Attorney specifically thanks Contra Costa County District Attorney Mark Peterson for his invaluable assistance and leadership into the investigation and prosecution of this case. The District Attorney and his office are vital partners in the federal efforts to address public safety in Contra Costa County.
Hartley M. K. West and Philip J. Kearney are the Assistant U.S. Attorneys who prosecuted the case with the assistance of Alycee Lane, Rosario Calderon, and Harriet Marmah. The prosecution is the result of a lengthy investigation by the Federal Bureau of Investigation and the California Department of Justice.
Victoria Wallace Sentenced to 216 Months in Prison for Child Sex TraffickingRead the Press Release
Memphis, TN – Victoria Wallace, a/k/a “Prune the Goon,” 20, of Memphis, TN, was sentenced Friday to 216 months in federal prison for her role in a child sex trafficking conspiracy, announced U.S. Attorney Edward L. Stanton III.
At the sentencing hearing, Senior U.S. District Judge Jon Phipps McCalla heard testimony that Wallace was a high-ranking member of the Piru Street gang who used force and threats of force to control her victims. One of her juvenile victims testified that she saw Wallace drag a woman by her hair while beating her. That juvenile also identified threatening text messages that Wallace sent her during the investigation of the case.
The juvenile explained that Wallace drove her and three other minors to New Orleans for the purpose of having them prostitute. Wallace also put minors to work in prostitution in Memphis, according to the juvenile. The juvenile testified that Wallace kept the money her victims made and threatened them if they refused to work.
Wallace pled guilty on January 2, 2013, to a child sex trafficking conspiracy charge. There is no possibility of parole in the federal system.
“Wallace’s sentence of 18 years in federal prison should send an unequivocal message: if you sexually exploit a child for profit, you will be held accountable,” said United States Attorney Stanton. “Working with our law enforcement partners, we will remain relentless in doing whatever it takes to protect our most vulnerable citizens – our children – from those who engage in sex trafficking.”
This case was investigated by the Federal Bureau of Investigation working in conjunction with the Memphis Police Department. It was prosecuted by Assistant United States Attorney Jonathan Skrmetti and Trial Attorney Keith Becker from the U.S. Department of Justice Criminal Division’s Child Exploitation and Obscenity Section.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/ For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."Venice Man Sentenced to 30 Years for Possession of A Firearm by A Convicted FelonRead the Press Release
A Venice, Illinois, man was sentenced to a prison term in federal district court on August 30, 2013, for possession of a firearm by a convicted felon, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Jason White, 28, was sentenced to 360 months in prison, to be followed by 5 years of supervised release, a $100 special assessment, and a fine of $1000. This sentencing followed White’s trial in June, 2013, in which a jury found White guilty of Possession of a Firearm by a Convicted Felon. The sentencing judge also ordered forfeiture of the firearm and the ammunition contained therein.
“I applaud this lengthy and well-deserved sentence which should ensure that an armed career criminal will no longer be a menace to the law-abiding citizens of Southern Illinois.” said United States Attorney Wigginton.
The charge related to an incident that occurred on March 22, 2011, in Brooklyn, Illinois, after White was involved in a fist fight with another man outside the Peek-A-Boo Lounge. The victim never learned the reason for the fight, but after the fight, when the victim arrived at his girlfriend’s house in Brooklyn, White approached the victim with a .40 caliber Glock semi-automatic pistol and shot him in the abdomen. The bullet went through the victim’s abdomen, and grazed the leg of the victim’s girlfriend. The victim was treated and has survived.
The victim identified the shooter as “Li’l Herm,” a nickname the police were able to associate with White. Police were able to locate a spent .40 caliber bullet from the girlfriend’s living room floor and a spent .40 caliber casing on the girlfriend’s porch.
About ten days after the Brooklyn shooting, White’s parole officer received a call from a woman who reported that White was at a gas station near Highways 270 and 157. The parole officer alerted the U.S. Marshal’s Task Force, who investigated and ultimately arrested White. Information from a relative of White led to the recovery of the Glock .40 caliber pistol.
At trial, a ballistics expert from the Illinois State Police Crime Lab provided expert testimony indicating that the spent bullet found in the girlfriend’s living room, and the spent casing found on her porch, had both been fired from the gun that the officers found.
United States Attorney Wigginton noted that White was sentenced under the Armed Career Criminal statute which provides for a sentence of 15 years to life when a defendant who has been found guilty of Possession of a Firearm by a Felon also has at least three prior serious drug or gun felonies. White had such prior convictions. “White, who is now 28, has committed at least one crime every year of his adult life except at age 20, and between ages 25 and 26, when he was in prison. Seemingly White has told us that the only way to protect ourselves is to ensure that he remains in prison.” stated Unites States Attorney Wigginton.
The judge noted that White used the gun in a highly aggressive and violent manner. The judge also highlighted White’s past conduct, the conduct in this case, concern for the community, and concern for deterrence and protection as factors he considered in imposing the sentence.
The case was investigated by members of the Brooklyn Police, the U.S. Marshal’s Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Stephen B. Clark.
Two Mission Woman Sentenced for BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that two Mission, South Dakota, women convicted of Second Degree Burglary have been sentenced by U.S. District Judge Roberto A. Lange.
Makes Room For Them and Brown were immediately turned over to the custody of the U.S. Marshals Service.
Tara Makes Room For Them and Victoria Brown, both age 19, were sentenced on August 28 and 29, 2013, respectively, to 2 months of imprisonment, 4 months of home confinement, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Each was also ordered to pay restitution in the amount of $3,341.99 to three separate burglary victims.
Both women were indicted by a federal grand jury in February of 2013, and pled guilty on June 13, 2013.
The conviction stems from incidents that took place on January 16, 2013, when Makes Room For Them, Brown and one other person burglarized three homes on the Rosebud Reservation and took property that did not belong to them. The remaining co-defendant will be sentenced in September.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The cases were prosecuted by Assistant U.S. Attorney Tim Maher.Two Men SentencedFor Defrauding Social SecurityRead the Press Release
WICHITA, KAN. B Two men have been sentenced in separate federal cases for Social Security fraud, U.S. Attorney Barry Grissom said Monday.
The men, L. T. Baker, 54, Wichita, Kan., and Paul David Lieder, 40, Hillsboro, Kan., each had pleaded guilty to making false statements to the Social Security Administration in order to receive disability payments to which they were not entitled. Both were sentenced Monday in U.S. District Court in Wichita.Baker was sentenced to one year in federal prison and was ordered to repay the Social Security Administration $66,354 -- benefits he received while claiming to be disabled. Baker had been gainfully employed since 2000 but used a second Social Security account number that had been issued to him in a slightly different name so that the Social Security Administration would not know he was employed. Baker's fraud came to light when the Kansas Department of Revenue discovered there were two Social Security numbers associated with Baker and reported that information to the Social Security Administration Office of Inspector General, which investigated both cases.
Grissom praised the Social Security Administration's Office of Inspector General for its investigation of the cases and Assistant U.S. Attorney Brent Anderson for his prosecution.
Lieder was sentenced to three years of probation and ordered to repay $24,000 to the Social Security Administration. He admitted using his father's Social Security number so that he could work without the Social Security Administration finding out. When Lieder's father applied for Social Security benefits, the Social Security Administration detected that Lieder had been using his father's number to defraud the disability program.Two Forsyth City Councilmen Plead Guilty to Accepting BribesRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that two former Councilmen of the City of Forsyth, Georgia, James Edward Calloway and Desi Surtane Hansford, pled guilty in United States District Court in Macon, Georgia, to one count each of accepting bribes in connection with the performance of their official duties. Each man faces a maximum sentence of up to ten years imprisonment and a fine of up to $250,000.
Facts stipulated in the written plea agreements of the two men show the following:
Mr. Calloway had been a Councilman for twenty-two years and Mr. Hansford for five. Both served on the Combined Utilities Committee of the Council, which oversees electric, water, sewer and telecommunications for the City of Forsyth.
On December 27, 2012, Mr. Calloway solicited a bribe from a water and waste treatment company of $20,000 to guarantee the votes to give it the water waste contract for the City. That company immediately notified the Federal Bureau of Investigation (FBI) of the solicitation and cooperated fully and actively with that agency throughout the investigation, which revealed that at least in part Mr. Calloway’s motive in soliciting the payment was to help Councilman Hansford rescue his home from foreclosure.
A representative of the water and waste treatment company, cooperating with the FBI, met with the two councilmen on January 18, 2013, at a truck stop off I-75 in Jackson, Georgia, and paid them $10,000 in currency provided by the FBI while secretly recording the meeting per FBI instructions. Mr. Calloway assured the company representative that the company would recover the amount of the bribe through a future project on which the company would be employed. Following this meeting and payment Mr. Calloway and Mr. Hansford split the money equally.
A second $10,000 payment was delivered to Mr. Calloway one week later, January 25, 2013, under similar circumstances to the first, after which he was immediately arrested and subsequently confessed. He also admitted receiving two Falcons playoff tickets from the company, which he and Mr. Hansford shared.
Mr. Calloway then cooperated with the government and participated in paying an additional $5000 (half of the second $10,000 payment) to Mr. Hansford, who was then also arrested.
“The oath of public office is a sacred thing, and those who choose to seek public office should know that they must not betray the public’s trust. Bribes have no place in government contracting, and my office will use our resources to ensure that a few instances of corruption are not allowed to erode the public’s ability to trust the representatives they elect. I want to acknowledge the good work of the FBI and also thank the company officials who reported this criminal activity, choosing to put law and order over profit,” said U.S. Attorney Michael Moore.
Sentencing of the two men will take place in approximately sixty days.
The case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Sonja Profit.
Inquiries regarding the case should be directed to Sue McKinney, Public Affairs Specialist, United States Attorney's Office at (478) 621-2602.
Two Charged in Visa Fraud ConspiracyRead the Press Release
HOUSTON – Two Houston women have been arrested following the return of an indictment alleging conspiracy to commit visa fraud, United States Attorney Kenneth Magidson announced today. Monica Castro, 38, and Blessilda Lagron, 54, were arrested this morning without incident, while Lagron surrendered to federal authorities this afternoon.
The sealed indictment was returned Aug. 21, 2013, and unsealed today as they were taken into custody. They both made their initial appearances before U.S. Magistrate Judge Mary Milloy, at which time, the court ordered both women released upon posting bond.
Castro and Lagrone are charged in a one-count indictment with conspiring to commit visa fraud. The indictment alleges that from September 2009 and continuing through March 2013, Lagrone, with Castro’s assistance, operated a Houston-based company known as IPC Group Inc., which marketed itself as staffing company. Lagrone and Castro allegedly located alien workers from the Philippines and procured H-1B visas on their behalf.
H1-B visas are a category of non-immigrant visa allowing U.S. employers to hire alien workers for specialty occupations. H-1B visa petitioners must certify the correct address where the alien worker will be employed and commit to paying the alien during their employment in the U.S., as well as swear as to the accuracy of statements made in the application.
According to the indictment, IPC Group solicited various alien workers concerning future employment. Lagrone and Castro allegedly filled out the H-1B visa application and the required Labor Condition Application Form. In those forms, they claimed the alien worker would be employed either at the IPC Group address or a Texas hospital (without that hospitals permission), knowing the alien worker would not actually be employed at either address. According to the indictment, the workers were then falsely told that employment was available upon their arrival into the U.S. with an H-1B visa. Once the alien worker arrived to the U.S. on the Visa, Lagrone and Castro allegedly “benched” these alien workers for several months without pay. When actual employment was arranged, Lagrone and Castro backdated checks to preserve the appearance of employment from time of entry into the U.S., according to the allegations.
The maximum penalty, upon conviction, for conspiring to commit visa fraud is five years imprisonment and a fine of $250,000.
The investigation leading to the charges was conducted by agents with the U.S. Department of State, Diplomatic Security Service and Homeland Security Investigations. Assistant United States Attorney Celia Moyer and Special Assistant United States Attorney Daniel Menes are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Two Arrested in the River Region for Stealing Credit and Debit Card Numbers from Restaurant PatronsRead the Press Release
Montgomery, Alabama - Andre Willis, age 35, of Montgomery, Alabama and Kenmore Strother, age 26, of Prattville, Alabama were arrested for their involvement in a conspiracy to fraudulently use credit and debit card numbers announced George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama. Andre Willis and Kemore Strother’s arrests came after a federal grand jury indicted them on various charges, including conspiracy, access device fraud, and aggravated identity theft.
According to the indictment, Kenmore Stother was employed at Olive Garden in Prattville. Andre Willis gave Strother a credit card skimming device which is designed to read and store credit and debit account numbers from cards that are swiped through the machine. Stother used the skimming device to swipe credit and debit card numbers of Olive Garden customers and then gave the device to back Willis who used some of the account numbers to purchase items at area businesses.
An indictment merely alleges that crimes have been committed and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, each of the Defendants face a maximum potential sentence of 5 years in prison for the conspiracy charge, 10 years for an access device fraud charge, and a mandatory two-year sentence for the aggravated identity theft charge. Additionally, Strother faces a potential sentence of 15 years on a second access device fraud charge. Willis and Strother will also be subject to fines and mandatory restitution if convicted.
This case was investigated by special agents of the United States Secret Service as well as the Prattville Police Department. Assistant United States Attorney Kevin Davidson is prosecuting the case.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Topeka Man Sentenced for Bank RobberyRead the Press Release
TOPEKA, KAN. -- Topeka man has been sentenced to 78 months for bank robbery, U.S. Attorney Barry Grissom said today.
Robert Eugene Gibson, 27, Topeka, Kan., pleaded guilty to one count of bank robbery. Gibson admitted that on Feb. 22, 2013, he robbed the Lyndon State Bank at 1535 S.W. Fairlawn Road in Topeka. Officers of the Topeka Police Department arrested Gibson at a gas station eight blocks from the bank shortly after the robbery.Grissom commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Topeka Man Pleads Guilty to Possessing Pipe BombRead the Press Release
TOPEKA, KAN. -- A Topeka man has pleaded guilty to possessing a pipe bomb, U.S. Attorney Barry Grissom said today.
Kyle C. Roe, 29, Topeka, Kan., pleaded guilty to one count of receiving and possessing a pipe bomb. In his plea, he admitted that on Nov. 13, 2012, officers of the Topeka Police Department stopped a car in which he was a passenger. Roe was arrested on an active felony warrant. He told officers that he had a bomb in his pocket. An examination showed the device to consist of metal tubing, PVC pipe, a cardboard tube, pyrotechnic fuse, paper and lead end plugs and smokeless powder. Explosion of the device would propel fragments of the tubes and end plugs in all directions at velocities that could cause serious injury or death to anyone near the explosion.
Co-defendant Joseph E. Rogers, who was the driver of the car, is set for trial Nov. 13. He is charged with making the bomb.
Roe is set for sentencing Nov. 26. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Grissom commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Richard Hathaway for their work on the case.
Three Gang Members Sentenced in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. B Three members of a Dodge City street gang have been sentenced in a federal racketeering case, U.S. Attorney Barry Grissom said today.
Enrique Gobin, 24, Dodge City,was sentenced to 10 years.
Angel Cerda, 27, Dodge City, Kan., was sentenced to 78 months.
Jesus Torres, 29, Dodge City, Kan., was sentenced to 36 monthsGobin pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering. In his plea, he admitted that on March 30, 2011, he was involved in the attempted murder of a Sureno gang member. On the day of the crime, Gobin was with two fellow members of the Diablos Viejos gang -- Jesus Sanchez and Andrew Gusman -- and an LCC gang member named Alfonso Banda-Hernandez. All four of them were affiliated with the Nortenos street gang. At the east Love’s convenience store in Dodge City they encountered George Gonzalez, who was a known member of the rival Sureno gang. The two sides exchanged gang signs and slurs.
The Nortenos left the store and divided themselves into two cars. Gobin and Sanchez were in one car, with Gobin driving. They returned to the area of the store and pursued a car in which Gonzalez was riding. Near 1602 6th Ave., Gonzalez got out of his car and ran up an alley toward his girlfriend's residence. Sanchez fired at least two shots from a .40 caliber handgun at Gonzalez without hitting him.
Later, when officers of the Dodge City Police Department conducted a search of Gobin’s home, they found the gun used to shoot at Gonzalez.
Angel Cerda pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering. He admitted he was involved in an Oct. 4, 2008, incident in which two people were shot. In his plea, Angel Cerda admitted he was a Diablos Viejos (DV) gang member associated with the Norteno street gang when he accompanied two co-defendants in an attack at the home of a member of the rival Sureno gang. On Oct. 4, 2008, Cerda and two co-defendants gathered in a barn behind a house at 10770 Kettle Way near Dodge City, which was a hangout for the gang. Later that day, Cerda and the two co-defendants drove to the home of Abel Hernandez, a known Sureno gang member, and Rumalda Hipolito. Outside the home, Hernandez’s brother and others were drinking beer. One of the Nortenos began harassing them and shouting Norteno slogans. After someone threw a beer bottle at the Nortenos’ car, Cerda and the two co-defendants drove away.
Cerda and his associates obtained a firearm, an SKS or AK-47 style weapon, and returned to Hernandez's house, parking in an alley half a block away. They approached the house on foot where co-defendant Gonzalo Ramirez discharged multiple rounds from the firearm. The gunshots hit the house, striking Abel Hernandez and Rumalda Hipolito. Hipolito suffered a gunshot wound to the arm. Hernandez suffered a gunshot wound to the leg. Investigators found 19 bullet holes in the house and recovered 20 shell casings at the scene. After the shooting, Cerda and the two co-defendants returned to the house on Kettle Way, where they hid the car in the barn. Dodge City police arrested Cerda there.
Jesus Torres pleaded guilty to one count of aiding and abetting assault with a dangerous weapon, which was a violent crime in aid of racketeering. In his plea, he admitted he was a member of the Diablos Viejos on Aug. 27, 2011, when he urged his Norteno associates to join him in an assault on a group of people he mistakenly believed were members of the Surenos, a rival gang. The assault took place at 703 E. 9th Avenue in Dodge City. During the fight, two people were stabbed, Gabriel Rivera and Carlos Ramirez. Rivera's injuries were life-threatening, requiring a life-flight to a Wichita hospital.
The defendants were among 23 Norteno members to be indicted by a federal grand jury in May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) had been filed in Kansas.
Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff's Office, the Kansas Bureau of Investigation, Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Lanny Welch for their work on the case.
Three Area Men Plead Guilty to Charges in Series of Violent RobberiesGroup Targeted Victims in Adams Morgan and Near Metro Stations, Sold Stolen Phones to Eco-ATM Machines for ProfitRead the Press Release
WASHINGTON – Three men, all from the Washington D.C. area, pled guilty today to charges stemming from multiple robberies and other crimes committed earlier this year in a series of attacks on city streets and at a Metro station, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
The defendants admitted actively participating in a group that committed crimes in the Adams Morgan, L’Enfant Plaza, and Stadium Armory areas. Since at least Jan. 1, 2013, the group’s members canvassed the areas looking for targets of opportunity and teamed up to rob their victims. Members went out in groups of two or more and looked for potential victims who might have expensive cell phones, such as iPhone5s, or other property of value. The men would then work together as a team to steal the property. When they encountered resistance, the men assaulted the victims until someone in the group escaped with the property. The defendants sold stolen phones for a profit, on the street or to an Eco-ATM machine, and split the proceeds.
The guilty pleas took place in the Superior Court of the District of Columbia. The Honorable Stuart G. Nash scheduled sentencing for Nov. 7, 2013. All three defendants remain in custody pending sentencing.
Those pleading guilty included Anthony J. Doggett, 20, of Suitland, Md.; Desean Floyd, 19, of Oxon Hill, Md., and Dominique C. Jones, 20, of Washington, D.C.
Doggett pled guilty to one count each of conspiracy, robbery, attempted robbery, accessory after the fact to armed robbery, unauthorized use of a vehicle, and contempt. Floyd pled guilty to one count each of conspiracy, robbery, attempted robbery, accessory after the fact to armed robbery, and attempted perjury. Jones pled guilty to one count each of conspiracy, robbery, possession of a firearm during a crime of violence, and attempted robbery.
As part of their plea agreements, the defendants admitted participating in various crimes, including these incidents:
-Jan. 20, 2013: Robbery in the 1400 Block of Pennsylvania Avenue SE
Jones admitted to taking part in the robbery of a woman during the late morning hours in the 1400 block of Pennsylvania Avenue SE. As the victim was about to get into her car, Jones and another individual approached and cornered her. They then demanded that she give them her purse and her car keys. The woman did so against her will, and Jones and the other individual then fled with her property. About a week later, Doggett and another individual returned to the area with the woman’s stolen car keys and stole her car.
Jones pled guilty to attempted robbery and Doggett pled guilty to unauthorized use of a vehicle for their roles in these crimes.
-Feb. 3, 2013: Robbery in the 1300 Block of Q Street NW
Doggett and Floyd admitted to taking part in the robbery of a man in the 1300 Block of Q Street NW. As the victim was walking down the street, Doggett, Floyd and another individual decided to rob him. The defendants approached the victim and began to assault him, causing him to fall to the ground. When the victim attempted to defend himself, the defendants repeatedly punched him in his head and body. They then took the victim’s iPhone and wallet and fled the scene. Doggett sold the stolen iPhone to an Eco-ATM machine at the Pentagon City Mall and received $300 for the phone. The defendants split the proceeds from the sale of the stolen phone.
Doggett and Floyd each pled guilty to robbery for their roles in this crime.
-Feb. 5, 2013: Armed Robbery at 19th Street and Constitution Avenue NE
Doggett, Floyd, and Jones admitted to taking part in crimes related to the armed robberies of multiple victims at 19th Street and Constitution Avenue NE. Jones and another individual went out into the street with a gun at about 8 p.m. and began to look for targets they could rob. They observed a young couple walking down the street. Jones and the other individual held the young couple at gunpoint, ordering them to get down on their knees and to surrender their property. A third victim was walking down the street and walked into this armed robbery-in-progress. Jones and the other individual robbed the third victim at gunpoint as well. Jones and the other individual then fled the scene with the property of the three victims.
Jones and the other individual went to a nearby abandoned house, where they met Doggett and Floyd. Jones told Doggett and Floyd that they had just committed an armed robbery. Doggett and Floyd then began to help Jones and the other individual “wipe” the stolen phones, meaning that they cleared the personal settings on the phones and set the phones back to factory settings. Doggett and Floyd also served as look-outs to see whether the police were following them. Doggett and Floyd did this in order to prevent the arrest of Jones and the other individual and ensure that the police would be unable to track the stolen property.
Jones pled guilty to robbery and possession of a firearm during a crime of violence, and Doggett and Floyd each pled guilty to accessory after the fact to armed robbery for their roles in these crimes.
-Feb. 10, 2013: Robbery at L’Enfant Plaza Metro Station
Doggett and Floyd admitted to taking part in an early-morning robbery at L’Enfant Plaza Metro Station, located at 600 Maryland Avenue SW. The men saw the victim, who was on the platform waiting for the Metro and looking at his iPhone, which he held in his hand. The men decided to steal the phone from the victim. One of the men snatched the phone out of the victim’s hands, while others intentionally got in his way. When the victim attempted to follow them, a third individual began to punch him. Doggett later sold the victim’s stolen iPhone to an Eco-ATM machine at the Pentagon City Mall and received $300 for the phone. Doggett, Floyd and the third individual split the proceeds from the sale of the stolen phone.
Doggett and Floyd pled guilty to attempted robbery for their role in this crime.
-Feb. 10, 2013: Contempt of Court
Doggett was under court order to observe a 24-hour home confinement on Feb. 10, 2013. On that same date, he intentionally left his home to commit the above robbery at L’Enfant Plaza, and then traveled to Virginia to sell the stolen phone to an Eco-ATM machine. Doggett pled guilty to contempt of court for his role in this crime.
-March 14, 2013: Perjury
Floyd testified before a grand jury of the Superior Court of the District of Columbia on March 14, 2013. He took an oath that he would testify truthfully. Floyd willfully and knowingly testified about matters which were not true and which he knew or believed to be false, including that he denied knowing about particular crimes in which he was involved and denied knowing one of his co-conspirators. Floyd pled guilty to attempted perjury for his role in this crime.
In announcing the guilty pleas, U.S. Attorney Machen and Chief Lanier commended the work of the officers, detectives and crime scene technicians who worked on the case for the MPD. They also expressed appreciation for the efforts of the Metro Transit Police Department, which assisted in the investigation. Finally, they praised the work of those who are handling the case for the U.S. Attorney’s Office, including Assistant U.S. Attorney Clare Pozos, who is prosecuting the matter.
13-302Three Area Men Plead Guilty to Charges in Series of Violent RobberiesGroup Targeted Victims in Adams Morgan and Near Metro Stations, Sold Stolen Phones to Eco-ATM Machines for ProfitRead the Press Release
WASHINGTON – Three men, all from the Washington D.C. area, pled guilty today to charges stemming from multiple robberies and other crimes committed earlier this year in a series of attacks on city streets and at a Metro station, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
The defendants admitted actively participating in a group that committed crimes in the Adams Morgan, L’Enfant Plaza, and Stadium Armory areas. Since at least Jan. 1, 2013, the group’s members canvassed the areas looking for targets of opportunity and teamed up to rob their victims. Members went out in groups of two or more and looked for potential victims who might have expensive cell phones, such as iPhone5s, or other property of value. The men would then work together as a team to steal the property. When they encountered resistance, the men assaulted the victims until someone in the group escaped with the property. The defendants sold stolen phones for a profit, on the street or to an Eco-ATM machine, and split the proceeds.
The guilty pleas took place in the Superior Court of the District of Columbia. The Honorable Stuart G. Nash scheduled sentencing for Nov. 7, 2013. All three defendants remain in custody pending sentencing.
Those pleading guilty included Anthony J. Doggett, 20, of Suitland, Md.; Desean Floyd, 19, of Oxon Hill, Md., and Dominique C. Jones, 20, of Washington, D.C.
Doggett pled guilty to one count each of conspiracy, robbery, attempted robbery, accessory after the fact to armed robbery, unauthorized use of a vehicle, and contempt. Floyd pled guilty to one count each of conspiracy, robbery, attempted robbery, accessory after the fact to armed robbery, and attempted perjury. Jones pled guilty to one count each of conspiracy, robbery, possession of a firearm during a crime of violence, and attempted robbery.
As part of their plea agreements, the defendants admitted participating in various crimes, including these incidents:
-Jan. 20, 2013: Robbery in the 1400 Block of Pennsylvania Avenue SE
Jones admitted to taking part in the robbery of a woman during the late morning hours in the 1400 block of Pennsylvania Avenue SE. As the victim was about to get into her car, Jones and another individual approached and cornered her. They then demanded that she give them her purse and her car keys. The woman did so against her will, and Jones and the other individual then fled with her property. About a week later, Doggett and another individual returned to the area with the woman’s stolen car keys and stole her car.
Jones pled guilty to attempted robbery and Doggett pled guilty to unauthorized use of a vehicle for their roles in these crimes.
-Feb. 3, 2013: Robbery in the 1300 Block of Q Street NW
Doggett and Floyd admitted to taking part in the robbery of a man in the 1300 Block of Q Street NW. As the victim was walking down the street, Doggett, Floyd and another individual decided to rob him. The defendants approached the victim and began to assault him, causing him to fall to the ground. When the victim attempted to defend himself, the defendants repeatedly punched him in his head and body. They then took the victim’s iPhone and wallet and fled the scene. Doggett sold the stolen iPhone to an Eco-ATM machine at the Pentagon City Mall and received $300 for the phone. The defendants split the proceeds from the sale of the stolen phone.
Doggett and Floyd each pled guilty to robbery for their roles in this crime.
-Feb. 5, 2013: Armed Robbery at 19th Street and Constitution Avenue NE
Doggett, Floyd, and Jones admitted to taking part in crimes related to the armed robberies of multiple victims at 19th Street and Constitution Avenue NE. Jones and another individual went out into the street with a gun at about 8 p.m. and began to look for targets they could rob. They observed a young couple walking down the street. Jones and the other individual held the young couple at gunpoint, ordering them to get down on their knees and to surrender their property. A third victim was walking down the street and walked into this armed robbery-in-progress. Jones and the other individual robbed the third victim at gunpoint as well. Jones and the other individual then fled the scene with the property of the three victims.
Jones and the other individual went to a nearby abandoned house, where they met Doggett and Floyd. Jones told Doggett and Floyd that they had just committed an armed robbery. Doggett and Floyd then began to help Jones and the other individual “wipe” the stolen phones, meaning that they cleared the personal settings on the phones and set the phones back to factory settings. Doggett and Floyd also served as look-outs to see whether the police were following them. Doggett and Floyd did this in order to prevent the arrest of Jones and the other individual and ensure that the police would be unable to track the stolen property.
Jones pled guilty to robbery and possession of a firearm during a crime of violence, and Doggett and Floyd each pled guilty to accessory after the fact to armed robbery for their roles in these crimes.
-Feb. 10, 2013: Robbery at L’Enfant Plaza Metro Station
Doggett and Floyd admitted to taking part in an early-morning robbery at L’Enfant Plaza Metro Station, located at 600 Maryland Avenue SW. The men saw the victim, who was on the platform waiting for the Metro and looking at his iPhone, which he held in his hand. The men decided to steal the phone from the victim. One of the men snatched the phone out of the victim’s hands, while others intentionally got in his way. When the victim attempted to follow them, a third individual began to punch him. Doggett later sold the victim’s stolen iPhone to an Eco-ATM machine at the Pentagon City Mall and received $300 for the phone. Doggett, Floyd and the third individual split the proceeds from the sale of the stolen phone.
Doggett and Floyd pled guilty to attempted robbery for their role in this crime.
-Feb. 10, 2013: Contempt of Court
Doggett was under court order to observe a 24-hour home confinement on Feb. 10, 2013. On that same date, he intentionally left his home to commit the above robbery at L’Enfant Plaza, and then traveled to Virginia to sell the stolen phone to an Eco-ATM machine. Doggett pled guilty to contempt of court for his role in this crime.
-March 14, 2013: Perjury
Floyd testified before a grand jury of the Superior Court of the District of Columbia on March 14, 2013. He took an oath that he would testify truthfully. Floyd willfully and knowingly testified about matters which were not true and which he knew or believed to be false, including that he denied knowing about particular crimes in which he was involved and denied knowing one of his co-conspirators. Floyd pled guilty to attempted perjury for his role in this crime.
In announcing the guilty pleas, U.S. Attorney Machen and Chief Lanier commended the work of the officers, detectives and crime scene technicians who worked on the case for the MPD. They also expressed appreciation for the efforts of the Metro Transit Police Department, which assisted in the investigation. Finally, they praised the work of those who are handling the case for the U.S. Attorney’s Office, including Assistant U.S. Attorney Clare Pozos, who is prosecuting the matter.
13-302Sioux Falls Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man, formerly of Hot Springs, Arkansas, was sentenced on August 29, 2013, by U.S. District Court Judge Karen E. Schreier for Failure to Pay Child Support.
Jacob H. Lehnherr, age 39, was sentenced to five years of probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $32,890.88.
Lehnherr was indicted for failing to pay over $29,682.00 in past due child support by a federal grand jury on August 14, 2012. He was previously ordered by the Second Judicial Circuit Court, Minnehaha County, South Dakota, to pay $346.67 per month for his minor child, commencing May 1, 2001. Some sporadic payments were made, but at the time of his indictment he had past due child support totaling $29,682.22. Lehnherr pled guilty to the charge on June 10, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector General Assistant U.S. Attorney Thomas J. Wright prosecuted the case.
The defendant was released from custody.Pharmacy Robber Sentenced to 38 Years in PrisonRead the Press Release
Jacksonville, Florida - U.S. District Judge Marcia Morales Howard today sentenced John Martin Spaulding (22, Jacksonville) to 38 years in federal prison for two counts of armed robbery and two counts of discharging a firearm during a crime of violence. He pleaded guilty on April 24, 2013.
According to court documents, Spaulding robbed the Walgreens on Normandy Boulevard, in Jacksonville, on June 13, 2012. During the robbery, Spaulding fired a 9mm pistol into the ceiling. No one was injured and Spaulding escaped with approximately $144.
On July 18, 2012, Spaulding and an accomplice attempted to rob the Walgreens on Park Street. Spaulding demanded money and prescription drugs from an employee. The employee told Spaulding that the pharmacy was closed. Spaulding then fired multiple shots into a door as he tried unsuccessfully to break into the pharmacy department. Officers from the Jacksonville Sheriff's Office responded to the scene and arrested Spaulding and his accomplice. No one was injured in the attempted robbery. Officers also recovered a Hi-Point 9mm pistol that Spaulding used in both robberies.
This case was investigated by the Jacksonville Sheriff's Office Robbery Unit and the FBI. It was prosecuted by Assistant United States Attorney Frank Talbot.
Parkville Woman Sentenced to 15 Years in Prison for Conspiring to Produce Child PornographyRead the Press Release
Co-Conspirator Previously Sentenced to 27 Years in Prison
Baltimore Maryland - U.S. District Judge James K. Bredar sentenced Margaret Ellen Jones, age 38, of Parkville, Maryland, today to 15 years in prison, followed by 15 years of supervised release, for conspiring to produce child pornography. Judge Bredar ordered that upon her release from prison, Jones must register as a sex offender in the place where she resides, where she is an employee, and where she 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 Stephen E. Vogt of the Federal Bureau of Investigation; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief James W. Johnson of the Baltimore County Police Department.
According to her plea agreement, prior to March 2010, Jones met John Blaes online and became involved in a sexual relationship involving bondage, discipline, sadism and masochism (BDSM). Jones subsequently moved into Blaes’ home in Parkville. Blaes used the internet to recruit other women and girls into the BDSM lifestyle as well.
On July 5, 2011, Blaes solicited a 15 year old girl to engage in sexual conduct with him and Jones. Blaes and Jones, knowing that the victim was a vulnerable minor, sent pornographic pictures of themselves to the victim by computer.On July 22, 2011, Blaes and Jones traveled to the victim’s home in North Carolina to bring her to live with them in Parkville. After picking the victim up, Blaes and Jones sexually abused the victim in the back of their vehicle. The next day, Blaes and Jones rented a hotel room in North Carolina to engage in sexually explicit conduct with the victim. Blaes and Jones used a camera to document the sexual abuse of the victim, including sadistic and masochistic conduct, in the van and the hotel.
From July 22 to November 20, 2011, Blaes and Jones engaged in sex with the victim many times a week. Blaes also cut the victim and held lemons to her injuries. The victim was instructed to call Blaes “master” or “sir,” and to call Jones “mistress.” Blaes and Jones referred to the victim as their “slave.” Blaes and Jones instructed the victim to keep the sexual conduct and her age a secret and the victim was kept in their residence or in their control at all times and was not enrolled in school.
Blaes and Jones used a camera and cell phones to document their sexual abuse of the victim and to photograph her in sexually explicit poses. Blaes distributed the sexually explicit images of the victim online to recruit other individuals into his BDSM lifestyle with Jones.
John Andrew Blaes, age 50, also of Parkville, Maryland, previously pleaded guilty to the conspiracy and to transporting a minor to engage in sexually explicit conduct. Blaes was sentenced to 27 years in prison followed by a lifetime of supervised release.
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.United States Attorney Rod J. Rosenstein commended the FBI, HSI Baltimore and the Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Rachel M. Yasser and Judson T. Mihok, who prosecuted the case.
Newport News Man Pleads to Robbery of Shell StationRead the Press Release
NEWPORT NEWS, Va. – Prince J. Bell, 27, of Newport News, Va., pleaded guilty today to robbery and possession of a firearm related to the robbery of a Shell Gas Station in Newport News.
Neil H. MacBride, U. S. Attorney for the Eastern District of Virginia, Royce E. Curtin, Special Agent in Charge of the FBI’s Norfolk Field Office, and Interim Newport News Police Chief Joe Moore made the announcement after the plea was accepted by United States District Raymond A. Jackson.
Bell was charged in a criminal complaint on March 8, 2013, with robbery and later indicted, on April 10, 2013, with robbery and brandishing a firearm in furtherance of a crime of violence. Bell faces a maximum penalty of 20 years in prison on the robbery charge and a mandatory minimum sentence of seven years on the firearm charge when he is sentenced on December 4, 2013.
In a statement of facts filed during the plea hearing, Bell admitted to robbing the Shell Gas Station located at 4900 Jefferson Avenue in Newport News on January 6, 2013. During the robbery Bell brandished and pointed a firearm at a store employee and demanded money.
This case was investigated by the Federal Bureau of Investigation, with the assistance of the Newport News Police Department Safe Streets Task Force. Assistant United States Attorneys Howard J. Zlotnick and Robert E. Bradenham, II are prosecuting 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.Mission Woman Sentenced on Burglary ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, woman convicted of Second Degree Burglary was sentenced on August 29, 2013, by U.S. District Judge Roberto A. Lange.
Victoria Brown, age 19, was sentenced to 2 months of imprisonment, 4 months of home confinement, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. She was also ordered to pay restitution in the amount of $3,341.99 to 3 separate burglary victims.
Brown was indicted by a federal grand jury in February of 2013. She pled guilty to Count I of the Indictment on June 13, 2013.
The conviction stems from incidents that took place on January 16, 2013, when Brown and two others burglarized three homes on the Rosebud Reservation and took property that did not belong to them. Two other co-defendants have also been convicted and sentenced on burglary charges.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Brown was immediately turned over to the custody of the U.S. Marshals Service.Michigan Resident Convicted of Obstructing SEC InvestigationRead the Press Release
SAN FRANCISCO – A federal jury convicted Karim Iskander Bayyouk today of obstruction of justice, United States Attorney Melinda Haag announced.
The jury found that on or about May 31, 2007, Bayyouk obstructed and impeded an investigation by the Securities and Exchange Commission (“SEC”) into securities fraud and insider trading relating to Biosite Incorporated securities. The guilty verdict followed a five-day jury trial before the Honorable Edward M. Chen, U.S. District Court Judge.
The indictment stems from an insider trading scheme first charged in 2009 against Maher Fayez Kara, of San Carlos, Calif., a former investment banker at Citigroup Global Markets Inc. in New York, and Maher Kara’s brother, Mounir Fayez Kara, also known as Michael F. Kara, of Walnut Creek, Calif.
Evidence at trial showed that on or about March 23, 2007, Bayyouk purchased approximately $100,000 in Biosite call options. Two days later, on March 25, 2007, Biosite announced it was merging with another company. After the merger announcement, Bayyouk sold the options and realized a profit of approximately $947,922. On or about May 31, 2007, attorneys from the SEC’s Division of Enforcement in San Francisco, Calif., conducted a telephone interview of Bayyouk as part of an insider trading investigation. During the interview, Bayyouk falsely stated, among other things, that he did not speak to anyone before investing in Biosite, that no one suggested Biosite to him, and that he did not suggest Biosite to his brother, who also traded Biosite call options on March 23, 2007. Evidence showed that the defendant traded in Biosite based on a tip from an individual who was tipped by Michael Kara, who had received inside information from his brother, Maher Kara.
“Fairness is fundamental to our financial markets and critical to everyday investors,” said U.S. Attorney Melinda Haag. “Karim Bayyouk benefited from an insider trading scheme and made approximately $1 million based on information only available to a select few insiders. This verdict should send a strong message to those who might be tempted to obstruct efforts to insure a level playing field for all investors.”
Bayyouk, 49 of Livonia, Michigan, was indicted by a federal grand jury on May 29, 2012. He was charged with one count of obstructing proceedings before the SEC, in violation of 18 U.S.C. § 1505. Bayyouk is currently released on bond.
Bayyouk’s sentencing hearing is scheduled for January 15, 2014, at 2:30 p.m. before Judge Chen in San Francisco. The maximum statutory penalty for a violation of 18 U.S.C. § 1505 is five years in prison and a fine of $250,000. Maher and Michael Kara each pleaded guilty in July 2011 to one count of conspiracy, in violation of 18 U.S.C. § 371, and one count of securities fraud, in violation of 15 U.S.C. §§ 78j(b) and 78ff. They are awaiting sentencing. Any sentence ordered in these cases will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Adam A. Reeves and Robert S. Leach are the Assistant U.S. Attorneys prosecuting the case with the assistance of Maryam Beros, Rayneisha Booth, and Patricia Mahoney. The prosecution is the result of a lengthy investigation by the Federal Bureau of Investigation with substantial assistance from the Division of Enforcement of the SEC’s San Francisco Regional Office.
Miami-Dade Man Charged in $13 Million Stolen Identity Tax Refund Scheme Involving Fraudulent Florida Lottery ClaimsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael J. DePalma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Ronald Verrochio, Inspector in Charge, U.S. Postal Inspection Service (USPIS), announce the indictment of Orlando Cairo, Jr., of Miami, on filing fraudulent income tax returns with the IRS and claiming refunds based on fraudulently claimed income and withholding paid by the State of Florida, Department of the Lottery (“Florida Lottery”). Defendant Cairo had his initial appearance today in federal court in West Palm Beach before U.S. Magistrate Judge James M. Hopkins at 10:00 a.m.
The indictment charges Cairo with one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, eight counts of wire fraud, in violation of Title 18, United States Code, Section 1343, seven counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A, three counts of alteration of a treasury check, in violation of Title 18, United States Code, Section 471, and one count of destruction of records, in violation of Title 18, United States Code, Section 1519.
According to the previously filed complaint and the indictment, Cairo obtained the means of identification of individuals, including their names, dates of birth, and social security numbers. He used these identifications to electronically file IRS income tax returns which claimed fraudulent gambling winnings from and withholdings by the Florida Lottery. From January 2012 through July 12, 2012, Cairo filed and caused to be filed with the IRS approximately 624 fraudulent tax returns seeking refunds of over $13,000,000.
In addition, the indictment alleges that Cairo altered three United States Treasury tax refund checks in the amounts of $412.90, $25.70, and $406.99, to increase the amounts of the checks to $88,412.90, $88,525.70, and $88,406.99, respectively.
If convicted, Cairo faces a possible maximum statutory sentence of 20 years in prison for each count of conspiracy to commit wire fraud, wire fraud, altering a treasury check, and destruction of records, and two years consecutive in prison for each count of aggravated identity theft.
Mr. Ferrer thanked IRS-CI and USPIS for their work on this case. The case is being prosecuted by Assistant U.S. Attorney Bertha R. Mitrani and Department of Justice Trial Attorney Jed Silversmith.
An indictment is only an accusation and the defendant is presumed innocent until proven guilty.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican National Pleads Guilty to Drug Conspiracy and Money LaunderingRead the Press Release
On August 30, 2013, Jesus Esquivel-Cervantes, a/k/a “Gordo,” a/k/a “Pandita,” 33, a citizen of Mexico, who most recently resided in St. Louis, Missouri, pled guilty to Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, and a Money Laundering Conspiracy, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today. Sentencing has been set for December 20, 2013. Penalties that can be imposed at that time are 10 years to life in prison, a fine of up to $10,000,000, not less than 5 years of supervised release, and a $100 special assessment on both the Conspiracy to Distribute Methamphetamine and the Distribution of Methamphetamine charges. For the Money Laundering Conspiracy, Esquivel-Cervantes faces up to 20 years in prison, a fine up to $500,000, up to 3 years of supervised release, and a $100 special assessment.
The drug conspiracy took place from August 2010 through May 2012, and involved selling cocaine and methamphetamine in the Granite City, Illinois, area. The money laundering conspiracy took place from January 2012 through May 2012, and involved a system of wire transfers to collect and disguise drug proceeds.
Evidence in support of the indictment in this case was obtained in an investigation which was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. Participating agencies include the Internal Revenue Service - Criminal Investigations, Drug Enforcement Administration (DEA), the U.S. Immigration and Customs Enforcement Office of Homeland Security Investigations (ICE HSI), U.S. Marshal Service, the Granite City Police Department, and the Metropolitan Enforcement Group of Southwestern Illinois. This case is assigned to Assistant United States Attorney Donald S. Boyce for prosecution.
Member of the Violent "Harlem Boys" Drug Gang Sentenced to Life in PrisonRead the Press Release
PHILADELPHIA – Ramel Moten, 29, of Philadelphia, was sentenced today to life plus 130 years in prison for racketeering, attempted murder in-aid-of-racketeering and other charges connected to the activities of a violent drug gang called the “Harlem Boys.” Moten and six other members of the gang, which operated in and around the Bartram Village Housing Development (“BVHD”) in Southwest Philadelphia, were convicted at trial on December 6, 2012. The 13 other defendants charged in the 89-count indictment and one additional charged separately pleaded guilty. Moten was a lead gunman, supplier and distributor of illegal narcotics for the enterprise. He frequently provided firearms to the other members of the gang for use in robberies. The gang committed crimes including attempted murder in aid of racketeering, robbery, carjacking, assault in aid of racketeering, threats in aid of racketeering, firearms offenses that include use of firearms during the commission of violent crimes and numerous substantive drug crimes, including conspiracy to distribute 280 grams or more of cocaine base. The trial lasted 12 weeks.
Convicted at trial with Moten were: Reginald Stephens, Bryan Hill, Warren Stokes, Hikeem Torrence, Merrell Hobbs, and Khalil Allen. Each faces a mandatory minimum prison term of 10 years with a maximum of life when sentenced.
“The sentence imposed today sends a very clear message to gang members in our city that if you engage in violent behavior you will be investigated, prosecuted, and put behind bars for a very long time. ATF has a zero-tolerance policy towards career criminals who continually inflict senseless acts of violence in our neighborhoods,” said ATF Special Agent-in-Charge Sam Rabadi. “Communities, like Bartram Village, can have an improved quality of life when violent predators are removed from our streets.”
In addition to the prison term, U.S. District Court Judge Lawrence Stengel ordered a $5,000 fine, a $3,100 special assessment and 10 years of supervised release.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department, it is being prosecuted by Assistant United States Attorneys Salvatore L. Astolfi and Katayoun Copeland.UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Manhattan U.S. Attorney Announces the Appointment of Chief Public Information OfficerRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, today announced the appointment of James M. Margolin as the Office’s Chief Public Information Officer.
Mr. Margolin comes to the Office from the Federal Bureau of Investigation (“FBI”), where he has been a Public Information Officer for the New York field office since 1996. During his tenure with the FBI Public Information Office, Mr. Margolin handled a broad range of media matters related to FBI cases, including the investigations and prosecutions related to the 1998 al Qaeda bombings of American embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania; the 2001 al Qaeda attacks on the World Trade Center towers; the Martha Stewart-Imclone securities fraud investigation; the investigation and prosecution of former NYPD commissioner Bernard Kerik; the investigation and prosecution of Bernard L. Madoff and others; and the “Operation Perfect Hedge” investigations and prosecutions of insider trading, including the prosecutions of Raj Rajaratnam, Rajat Gupta and others. He further oversaw FBI media operations related to the investigations and prosecutions of attempted Times Square bomber Faisal Shahzad, former New York State Senator Carl Kruger, and three individuals charged with critical roles in creating and distributing the Gozi Virus, among many other cases. From 1988 to 1996, Mr. Margolin also served as a Special Agent in the Organized Crime Branch of the New York FBI office, where he investigated Asian gangs and La Cosa Nostra for extortion, racketeering, and murder.
Prior to joining the FBI, Mr. Margolin worked as an Assistant Vice President and Counsel at First Fidelity Bank, in Newark, NJ, from 1987 to 1988, and an Associate at Hawkins, Delafield & Wood, in New York, New York, from 1981 to 1987. He is a 1978 cum laude graduate of Dartmouth College, and a 1981 graduate of the Columbia University School of Law.
In making the appointment, Manhattan U.S. Attorney Preet Bharara said: “Jim has been a great representative of the FBI and a great partner to this Office for many years. He is admired and respected by law enforcement and by journalists with whom he deals on a daily basis, for his professionalism, integrity and candor. We are thrilled that he is joining us and will be leading our Public Information Office and the terrific people in it.”
Additionally, Manhattan U.S. Attorney Preet Bharara announced the appointment of Jerika Richardson, a Public Affairs Specialist, as the Office’s Senior Public Affairs Officer & Director of New Media. Ms. Richardson has served in the Public Information Office as a Public Affairs Specialist since 2011. Prior to coming to the Office, Ms. Richardson worked at ABC News, in New York, NY, from 2007 to 2011, where she covered law and justice, financial, and breaking news as a Field Producer and Off-Air Reporter. Some of her more notable stories include the 2011 Tucson Shooting, the Bernard Madoff Case, and the Gulf Oil Spill. Ms. Richardson also served as a producer for the network during the 2010 midterm and 2008 general elections. She is a 2003 cum laude graduate of Spelman College, and a 2007 graduate of the University of Michigan Law School.
In making the appointment, Manhattan U.S. Attorney Preet Bharara said: “Jerika has been a tremendous resource in the Public Information Office, and in addition to enjoying a great reputation among journalists, she has been a driving force in the Office’s efforts to enhance its outreach to the public through new media.”
Man Sentenced in False Tax Refund SchemeRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a Minnesota man was sentenced for being part of a conspiracy to file false tax returns to generate inflated refunds. United States District Judge Joan N. Ericksen sentenced Solomon Frank-Sawari to 27 months in federal prison on one count of conspiracy to defraud the United States. Frank-Sawari was indicted on January 15, 2013, and pleaded guilty on March 26, 2013.
In his plea agreement, Frank-Sawari admitted to obstructing the Internal Revenue Service (“IRS”) and the State of Minnesota in their lawful collection of income taxes by falsifying hundreds of tax returns. The tax loss due to the conspiracy was estimated at between $80,000 and $200,000.
From 2007 through 2009, Frank-Sawari conspired with his two co-conspirators and others to prepare fraudulent tax returns for customers of his tax preparation services, Merit Tax Service of Robbinsdale and Capitol Income Tax of Minneapolis. Frank-Sawari admitted that the returns included false income and fraudulent dependent information, among other things. The returns generated inflated refunds for his customers and fraudulent fees and other payments for himself and others. He also admitted instructing customers to sign false income declarations and other paperwork to substantiate the false tax refund claims.
According to the IRS, approximately 60 percent of taxpayers use tax professionals to prepare and file their tax returns, with these paid preparers now collectively responsible for more than 80 million individual tax returns annually. “Tax return preparer fraud” is one of the IRS’s “Dirty Dozen Tax Scams.” For more information about the fight against tax fraud or how to choose a reliable tax return preparer, visit http://www.irs.gov/uac/Tips-for-Choosing-a-Tax-Return-Preparer.
This case was investigated by the IRS-Criminal Investigations with assistance from the Minnesota Department of Revenue. It was prosecuted by Assistant U.S. Attorney William J. Otteson.
Per U.S. Department of Justice policy, the U.S. Attorney’s Office is not allowed to provide the age and city of residence for defendants charged in criminal tax cases.Judge Sentences Federal Inmate to an Extra Year in Prison for Possessing HeroinRead the Press Release
JOHNSTOWN, Pa. - United States Attorney David J. Hickton announced today that an inmate at the Federal Correctional Institution at Loretto, Pa., pleaded guilty in federal court to a charge of possession of heroin in prison. He was then sentenced to twelve months plus one day consecutive to the 351 months sentence he is currently serving for conspiracy to commit robbery, attempt to commit robbery, and use of a firearm during and in relation to criminal violence.
United States District Judge Kim R. Gibson imposed the sentence on Carlos Alberto Prieto, 48.
In connection with the guilty plea, on Mar. 19, 2013, Prieto was in possession of heroin.
Assistant U.S. Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Federal Correctional Institution, Special Investigative Staff, for the investigation leading to the successful prosecution of Prieto.
Jacksonville Man Sentenced to Five Years in Federal Prison for Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida -United States District Judge Marcia Morales Howard today sentenced John Carver Lester (61, Jacksonville) to five years in federal prison for receiving child pornography over the Internet. Lester was also ordered to serve an 8-year term of supervised release, forfeit five computers, and register as a sex offender. He pleaded guilty on April 25, 2013, and has been in the custody of the United States Marshals Service since his arrest on December 20, 2012.
According to court documents, an agent with the Federal Bureau of Investigation, in Jacksonville, began an investigation to identify individuals that had access to and/or were trading images and videos depicting child pornography over the Internet. The agent determined that a computer in the Jacksonville area was hosting images of child pornography using a file sharing program. The agent made a connection to this computer and downloaded several video files. Each of the videos depicted young children engaged in sexually explicit conduct. Further investigation revealed that the IP address resolved back to Lester’s Jacksonville residence.
According to court documents, on December 10, 2012, FBI agents and other law enforcement officers executed a federal search warrant at Lester’s residence and seized, among other things, five computers and several hundred compact disks.
During an interview with law enforcement, Lester stated that he had been downloading child pornography for approximately five years and had developed a curiosity for it. Lester also stated that he was worried about possibly wanting to touch a child. A subsequent forensic analysis of the computers used by Lester revealed that they contained a total of 261 videos and 844 images depicting child pornography.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Four Plead Guilty in Mortgage Fraud CaseRead the Press Release
WICHITA, KAN. -- Four people in Wichita have pleaded guilty in a mortgage fraud case, U.S. Attorney Barry Grissom said today.
Christopher Ginyard, 27, Wichita, pleaded guilty to one count of wire fraud.
Henry Pearson, Jr., 28, Wichita, pleaded guilty to one count of bank fraud.
Janice Young, 26, Wichita, pleaded guilty to one count of wire fraud. Henry Pearson, Sr., Wichita, pleaded guilty to one count of wire fraud.In their pleas, the four defendants said they were recruited to make home purchases by co-defendant Manjur Alam, who prepared loan applications in which the defendants made false statements to lenders.
Young admitted making false statements that she was employed and had consistent rental history. In fact, she had no job and no rental history. She also falsely stated that she intended to live in the property she was buying. In fact, she intended it to be rental property. Based on the false statements, Flagstar Bank made a wire payment of $76,299.50 to Lawyer's Title escrow account for the purchase of 2431 Lulu in Wichita.
Henry Pearson, Sr., made a false statement that he would live in the property he was buying. In fact, he rented it to a third party. Based on the false statements, Lehman Brothers Bank wired $138,330.55 to Lawyer's Title escrow for the purchase of 8431 Hildreth in Wichita.
Henry Pearson, Jr., submitted a false verification of rent and a false letter of credit and made a false statement that he intended to live in the property at 1510 N. Market in Wichita. When the home was eventually foreclosed on, the bank suffered a loss of $56,000.
Christopher Ginyard falsely identified two employments in his loan application and made a false statement that he intended to live in the property at 2050 Santa Fe in Wichita. Based on the false statements, First Tennessee Bank made a payment of $72,865.75 to Kansas Secured Title's escrow account.
Sentencing is set for Nov. 25. Each defendant faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. Grissom commended the Department of Housing and Urban Development - OIG, the Federal Housing Finance Agency, the Internal Revenue Service and Assistant U.S. Attorney Aaron Smith for their work on the case.
Four Charged in Connection with Logan Arson InvestigationRead the Press Release
Defendants allegedly conspired to set blaze to Logan office building; collected more than $1 million in insurance proceeds
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that an indictment was unsealed today charging four people in connection with a Logan County arson investigation. A 36-count indictment was unsealed today, charging James Gregory Glick, Guy R. Miller, Shawn C. Simon and William Jamey Thompson with conspiracy to commit arson, conspiracy to commit mail and wire fraud. Glick, 44, of Logan, was also charged with obstruction of justice, unlawful monetary transactions, and structuring in connection with the alleged scheme.
The indictment was unsealed today following the arrest of Mr. Glick. According to the indictment, in November 2011, Glick allegedly arranged to have an office building located at 111 Stratton Street in Logan burned to collect more than $1 million in insurance proceeds. In late December 2011, the building was purchased by a known person for $45,000 prior to the alleged scheme. That person, in turn, immediately sold the property to Glick in early January 2012 purportedly for $50,000.
During the alleged scheme, Mr. Glick then paid co-defendant William Jamey Thompson, 44, an independent insurance agent from Chapmanville, approximately $75,000 to obtain a fraudulently-inflated $1 million insurance policy from General Star Indemnity Company (“General Star”) in connection with the scheme. On the night of February 1, 2012, the indictment alleges that Guy R. Miller, 39, of Logan, co-defendant Shawn C. Simon, 41, of Charleston, and another person worked together to set the fire. Miller, Simon, and another person set the fire by allegedly spreading gasoline throughout the main floor.
In addition, Thompson was charged with submitting a false and fraudulent property loss insurance claim on behalf of Mr. Glick to General Star, allowing Glick to collect more than $1 million in insurance proceeds, the indictment alleges.Also during the alleged scheme, Mr. Glick made illegal transactions of more than $10,000 from the Logan Bank & Trust (“LB&T”) on more than nine occasions. It is also alleged that Mr. Glick structured more than $170,000 in monies from accounts at LB&T during the conspiracy. “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).
The West Virginia State Police and the IRS are conducting the investigation. Assistant United States Attorney Thomas Ryan is in charge of the prosecution.
An indictment is merely an accusation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Click here to view a copy of the indictment
Fort Yates Man Pleads Guilty to Abusive Sexual ContactRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 3, 2013, Steven Whiteman Jr., 43, Fort Yates, N.D., pleaded guilty in U.S. District Court to a charge of abusive sexual contact.
Whiteman admitted using force to engage in sexual contact with a woman on Nov. 4, 2011, in the Fort Yates area.
The charge of abusive sexual contact carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Standing Rock Agency and the Standing Rock Police Department.
Sentencing for Whiteman has been scheduled for Nov. 18, 2013, in U.S. District Court in Bismarck, N.D., at 10:00 a.m.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Fort Thompson Man Pleads Guilty to Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Patrick B. Wind, a/k/a Patrick Azure, age 21, of Fort Thompson, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 28, 2013, and pled guilty to Count II of the Indictment that charged him with Assaulting, Resisting and Impeding a Federal Officer.
The maximum penalty upon conviction is 8 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident on June 4, 2013, wherein a Bureau of Indian Affairs (BIA) officer was dispatched to a home in Lower Brule for a report of a passed out male on the front porch of a residence. The officer made contact with the male, later identified as Wind. Wind was unsteady, speech slurred and had a strong odor of alcohol. The officer unsuccessfully attempted to communicate with Wind, and placed him under arrest for public intoxication.
Once handcuffed, Wind became noncompliant and lunged at the officer, kicking and swearing at the officer who attempted to put Wind in the car. The officer called for backup and deployed his pepper spray, which had no effect on Wind, saying he was “ready for more.”
Two additional BIA officers arrived on scene. As one of them was attempting to put leg restraints on Wind, he continued to resist by spitting and kicking at the officers. Wind continued to yell profanities and resist on the ride to the jail and had to be carried into the jail by three officers.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Wind was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 20, 2013.Former United States Attorney Retires After 46 Year CareerRead the Press Release
LEXINGTON, KY - A former U.S. Attorney, who successfully prosecuted cases involving coal mine officials, insurance executives, doctors, sheriffs, and mayors in eastern Kentucky, Texas and Idaho over a 46 year career, retired from the U.S. Attorney’s office in the Eastern District of Kentucky (USAO-EDKY).
Patrick Molloy, 74, began as an Assistant U.S. Attorney for the USAO-EDKY in 1967 and served as U.S. Attorney from 1977 to 1981. During that time, the office prosecuted several sheriffs for extortion and mail fraud. Molloy was the Commonwealth’s Attorney in Fayette County from 1972 to1977 and he briefly served as interim U.S. Attorney in Idaho in 1993. Molloy was an Assistant U.S. Attorney in Houston, Texas for approximately five years and also was engaged in the private practice of law for a few years.
Molloy educated authorities in several eastern European countries on ways to improve their judicial system. On these international trips, he and others encouraged authorities to develop money laundering laws and create methods for law enforcement to legally seize assets obtained by criminals through unlawful means.
“When I started out we basically had three types of cases in eastern Kentucky – moonshine, property theft, and social security fraud,” said Molloy. “The types of cases we prosecute today are much more complicated. The most rewarding part of the job was getting to learn about a variety of professions through the cases I had. I will miss the people I worked with.”
“Pat’s career stands as a shining example of everything public service should be,” said U.S. Attorney Kerry B. Harvey. “He has made enormous contributions to his community and his nation. Simply put, our communities are better places because of the skill, dedication and unwavering commitment to the cause of justice that he has brought to every case he has touched over a stellar career. Although he leaves us for a well-earned retirement, his example remains for those who continue the work.”
Some of Molloy’s prominent cases include:
• U.S. vs. Manalapan - Mine Safety Violations
In 2013, a Harlan County coal company and several officials pleaded guilty to violating mandatory mine safety standards. The Court imposed a $150,000 fine on Manalapan Mining Company, Inc., which represents the largest criminal fine for a coal company in the EDKY dating back at least two decades.
• U.S. vs. Parker – Civil Rights
In 1983, Molloy prosecuted a water boarding case that occurred on U.S. soil. The defendants, a rural Texas Sheriff and three others, were convicted of torturing suspects in a fashion similar to water boarding. Some of these suspects were arrested on false pretenses.
• U.S. vs. Madon – Vote Buying
Former Pineville, Ky., Mayor Bob Madon and his son, Brent Madon, pleaded guilty in 2009 to a conspiracy to buy votes in a mayoral election.
• U.S. vs. Kelco – Fraud
In March 2003, a viatical company in Lexington, its CEO, president and vice president were convicted of a conspiracy to sell fraudulent life insurance policies. The company executives paid terminally ill people to lie about their health on life insurance applications in order to obtain a policy. The defendants then sold the policies to unsuspecting third parties.
• U.S. vs. Singleton – Pill Mill
Earlier this year, Molloy served as a co-counsel in a case in which a pain clinic owner was convicted of operating pill mills in Georgetown and Dry Ridge. The doctors at these clinics unlawfully distributed pills to thousands of Kentucky patients.
• U.S. vs. Hollingsworth – Civil Rights
In 2010, a deputy jailer in Carter County, Ky., was convicted of sexually abusing female inmates in violation of their civil rights.