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30 August 2013
Manhattan U.S. Attorney Announces Arrest of Alleged International Narcotics TraffickerRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Derek Maltz, Special-Agent-in-Charge of the Special Operations Division of the United States Drug Enforcement Administration (“DEA”), announced today that on August 29, 2013, Panamanian authorities arrested DINO BOUTERSE in the Republic of Panama and turned him over to U.S. authorities to face charges that he conspired to import cocaine into the United States. BOUTERSE will be presented and arraigned in Manhattan federal court before U.S. Magistrate Judge James C. Francis IV later today.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Dino Bouterse conspired to send cocaine to the United States in a suitcase, and brandished a destructive weapon during the act. With his arrest, this Office continues to make sure that those who attempt to transport drugs into our country are apprehended and brought to justice, no matter where they live.”
DEA Special-Agent-in-Charge Derek Maltz said: “Bouterse is a significant drug trafficker who allegedly possessed dangerous weapons. Bouterse has a history of drug and weapons trafficking, having been convicted of similar charges in his home country of Suriname in 2005. Thanks to our vast network of law enforcement and informants around the world, DEA and our partners disrupted this drug trafficking conspiracy and he and Muntslag will now face justice here in the United States.”
According to the allegations in the Indictment, BOUTERSE conspired to import cocaine into the United States. As part of this conspiracy, BOUTERSE caused a suitcase containing 10 kilograms of cocaine to be transported out of Suriname aboard a commercial flight, and in the course of engaging in the drug transaction possessed an antitank weapon.
EDMUND QUINCY MUNTSLAG, who is also charged in the Indictment, was separately arrested yesterday in Trinidad and Tobago.
The indictment charges BOUTERSE, 40, of Paramaribo, Suriname, in two counts. Count One charges BOUTERSE with conspiring to import cocaine into the United States. Count Two charges BOUTERSE with carrying a firearm or destructive device during and in relation to a drug-trafficking crime. Counts One and Two each carry a maximum penalty of life in prison.
MUNTLSAG, 29, of Suriname, is charged with conspiring to import cocaine into the United States. The charge carries a maximum sentence of life in prison.
Mr. Bharara praised the outstanding investigative work of the DEA’s Special Operations Division. Mr. Bharara also thanked the DEA’s Panama City Country Office, the DEA’s Port of Spain Country Office, the Government of the Republic of Panama, and the U.S. Department of Justice’s Office of International Affairs.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Edward Y. Kim, Michael D. Lockard, and Adam Fee are in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.
Manhattan U.S. Attorney Announces Arrest of Alleged International Narcotics TraffickerRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Derek Maltz, Special-Agent-in-Charge of the Special Operations Division of the United States Drug Enforcement Administration (“DEA”), announced today that on August 29, 2013, Panamanian authorities arrested DINO BOUTERSE in the Republic of Panama and turned him over to U.S. authorities to face charges that he conspired to import cocaine into the United States. BOUTERSE will be presented and arraigned in Manhattan federal court before U.S. Magistrate Judge James C. Francis IV later today.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Dino Bouterse conspired to send cocaine to the United States in a suitcase, and brandished a destructive weapon during the act. With his arrest, this Office continues to make sure that those who attempt to transport drugs into our country are apprehended and brought to justice, no matter where they live.”
DEA Special-Agent-in-Charge Derek Maltz said: “Bouterse is a significant drug trafficker who allegedly possessed dangerous weapons. Bouterse has a history of drug and weapons trafficking, having been convicted of similar charges in his home country of Suriname in 2005. Thanks to our vast network of law enforcement and informants around the world, DEA and our partners disrupted this drug trafficking conspiracy and he and Muntslag will now face justice here in the United States.”
According to the allegations in the Indictment, BOUTERSE conspired to import cocaine into the United States. As part of this conspiracy, BOUTERSE caused a suitcase containing 10 kilograms of cocaine to be transported out of Suriname aboard a commercial flight, and in the course of engaging in the drug transaction possessed an antitank weapon.
EDMUND QUINCY MUNTSLAG, who is also charged in the Indictment, was separately arrested yesterday in Trinidad and Tobago.
The indictment charges BOUTERSE, 40, of Paramaribo, Suriname, in two counts. Count One charges BOUTERSE with conspiring to import cocaine into the United States. Count Two charges BOUTERSE with carrying a firearm or destructive device during and in relation to a drug-trafficking crime. Counts One and Two each carry a maximum penalty of life in prison.
MUNTLSAG, 29, of Suriname, is charged with conspiring to import cocaine into the United States. The charge carries a maximum sentence of life in prison.
Mr. Bharara praised the outstanding investigative work of the DEA’s Special Operations Division. Mr. Bharara also thanked the DEA’s Panama City Country Office, the DEA’s Port of Spain Country Office, the Government of the Republic of Panama, and the U.S. Department of Justice’s Office of International Affairs.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Edward Y. Kim, Michael D. Lockard, and Adam Fee are in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.
U.S. v. Dino Bouterse and Edmund Quincy Muntslag Indictment
Man Found Guilty of First-Degree Felony Murder, Other Charges in Brutal Slaying of Restaurant Owner-Victim Was Stabbed Repeatedly in November 2010 Robbery-Read the Press Release
WASHINGTON - Alexander Gomez-Enamorado, 23, was found guilty by a jury today of conspiracy, first-degree felony-murder, tampering with evidence, obstruction of justice, and related charges for the murder of a restaurant owner, U.S. Attorney Ronald C. Machen Jr. announced.
The verdict followed a trial in the Superior Court of the District of Columbia. Gomez-Enamorado, who lived in various locations in the Washington, D.C. area, is originally from Honduras. He is facing more than 100 years in prison, and is scheduled to be sentenced by the Honorable Russell F. Canan on Nov. 8, 2013 – exactly three years to the day after the murder.
At trial, the evidence established that in early November, 2010, Gomez-Enamorado recruited an associate to rob restaurant owner Miguel Ventura, 54, at knifepoint. Once inside Mr. Ventura’s establishment, Izalco Restaurant, in the 1200 block of 11th Street NW, Gomez-Enamorado and his partner attempted to rob Mr. Ventura.
Mr. Ventura fought back, and was brutally attacked, suffering ten stab wounds, 30 cutting wounds, and repeated blunt force trauma to his head and face, breaking his nose and cheekbones. Gomez-Enamorado and his partner fled, and Gomez-Enamorado disposed of the murder weapon. The victim’s daughter, Ofelia Ventura, discovered her father’s body at the restaurant later that day. Ms. Ventura testified that her father was so badly beaten and disfigured that she could not even recognize him when she saw him dead on the floor of his restaurant.
In the days and months after the murder, Gomez-Enamorado falsely reported to the police that he was merely a witness to the murder of Mr. Ventura. He even fraudulently received assistance from the Crime Victim’s Compensation Program, which is administered by the Superior Court to assist victims of violent crime.
Thanks to the persistence and vigorous work of the Metropolitan Police Department, with assistance from the FBI, the defendant’s lies unraveled and he ultimately was arrested in May 2012.
After a two-week trial, the jury deliberated for less than one day before returning guilty verdicts on the following charges: conspiracy to commit armed robbery, armed robbery, second-degree burglary, first-degree felony murder, tampering with evidence and obstruction of justice.
In announcing the verdict, U.S. Attorney Machen recognized the outstanding efforts of the detectives, evidence technicians, and DNA Analyst who investigated the case from the Metropolitan Police Department, as well as the Special Agent from the FBI who worked on the matter. He also commended the work of Assistant U.S. Attorneys Magdalena Acevedo and Glenn Kirschner, who tried the case, as well as the outstanding efforts of Paralegal Specialist Meridith McGarrity and Victim/Witness Advocate Christina Principe.
13-299Lubbock County Man Admits Possessing Child PornographyRead the Press Release
LUBBOCK, Texas—Stephen Carpenter, 33, of Slaton, Texas, appeared in federal court today, before U.S. District Judge Sam R. Cummings, and pleaded guilty to one count of possession of child pornography. Carpenter, who is on bond, faces a maximum statutory penalty of 10 years in federal prison, a $250,000 fine and a lifetime of supervised release. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. U.S. Attorney Sarah R. Saldaña, of the Northern District of Texas, made the announcement today.
According to plea documents filed in the case, Carpenter used a file-sharing program to search for depictions of minors engaged in sexually explicit conduct. Carpenter downloaded and viewed many of these depictions in the form of video files, and on February 14, 2013, Carpenter was found to be in possession of a computer containing depictions of minors engaged in sexually explicit conduct.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The investigation is being conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Slaton Police Department. Assistant U.S. Attorney Steven M. Sucsy is in charge of the prosecution.
Lookout in Armed Bank Robbery IndictedRead the Press Release
OAKLAND – Yesterday, a federal grand jury in San Francisco returned an indictment charging Kevin Tyrone Buford with one count of aiding and abetting armed bank robbery, announced United States Attorney Melinda Haag.
The Indictment alleges that on March 1, 2013, Kevin Tyrone Buford, 27, of Vallejo, Calif., participated in the armed robbery of the Mechanics Bank on Pinole Valley Boulevard.
Buford was arrested on August 19, 2013, and made his initial appearance in federal court in Oakland on August 20, 2013. Buford is currently in custody. His next scheduled appearance is on September 26, 2013, at 9:30 a.m. before The Honorable Jeffrey S. White, U.S. District Judge.
The maximum statutory penalty for armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d), is 25 years in prison. However, any sentence following conviction would 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.
Brian C. Lewis is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Janice Pagsanjan. The prosecution is the result of an investigation by the FBI and the Pinole Police Department.
Please note, an indictment contains only allegations against an individual and, as with all defendants, Buford must be presumed innocent unless and until proven guilty.
Local Priest Sentenced on Federal Child Pornography ChargesRead the Press Release
St. Louis, MO – FATHER WILLIAM F. VATTEROTT of St. Louis, MO, was sentenced to 37 months in prison for possession of child pornography between June 2010 and June 2011.
Father Vatterott pled guilty to one felony count of possession of child pornography. He was sentenced before Senior United States District Judge E. Richard Webber.
This case was investigated by the Missouri Internet Crimes Against Children Task Force, Regional Computer Crimes Education and Enforcement Group (RCCEEG) and by Investigator Donya Jackson for the U.S. Attorney’s Office. Assistant United States Attorney Rob Livergood handled the case for the U.S. Attorney's Office.
Leitchfield, Kentucky Man Guilty of Possession and Distribution of Child Pornography ImagesRead the Press Release
OWENSBORO, Ky. - A Leitchfield, Kentucky, man pleaded guilty this week, in United States District Court, before Magistrate Judge Dave Whalin, to a three-count federal grand jury indictment charging him with violating federal child pornography laws including the possession and distribution of child pornography announced David J. Hale, United States Attorney for the Western District of Kentucky.
Michael Brandon Thompson, age 29, admitted in court to using a peer to peer file sharing network to allow others to download images of child pornography between July 18, 2011 and September 2, 2011. According to the factual basis found in an Affidavit attached to a Criminal Complaint, a detective with the Colorado Springs Police Department, utilizing the peer-to-peer file sharing network downloaded several password-protected files from Thompson. During the download, the detective was able to preview approximately 300 video files containing images of children engaged in sexually explicit conduct. The Colorado law enforcement official forwarded the lead to the Kentucky State Police who executed a state search warrant on Thompson’s home. They seized computer equipment and storage devices for digital media. A forensic examination of those items revealed tens of thousands of videos and still images of child pornography, including the depictions of infants being sexually abused.
Thompson faces a statutory mandatory minimum sentence of 5 years in prison. The maximum potential penalties are 50 years in prison, a fine of $750,000 and a period of supervised release of at least 5 years and could be for the remainder of his life. Sentencing is scheduled before Chief Judge Joseph H. McKinley, Jr. on November 15, 2013, in Owensboro, Kentucky.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky State Police conducted the investigation through Kentucky’s Internet Crimes Against Children “ICAC” task force..
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Lamont Man Sentenced to Probation for Ginseng OffenseRead the Press Release
DAVENPORT, IA – On August 30, 2013, Jeffrey Alan Sargent, age 45, of Lamont, Iowa, was sentenced to two years of probation for conspiracy to buy and sell illegally harvested ginseng, announced United States Attorney Nicholas A. Klinefeldt. The crime of buying and selling illegally harvested ginseng is a felony. United States District Judge John A. Jarvey also prohibited Sargent from any involvement in the ginseng trade during the term of his probation.
In 2010 and 2011 Sargent purchased ginseng from multiple sellers who Sargent knew had illegally obtained the ginseng. Sargent then sold the illegally harvested and purchased ginseng to a fur and trading company in Minnesota. Sargent obtained approximately $10,000 in illegally obtained ginseng in 2010 and 2011.
This case was investigated by the United States Fish and Wildlife Service and the Iowa Department of Natural Resources, and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Iranian Citizen Sentenced to 48-Month Prison Term for Conspiracy to Export High-Performance Electronics to IranRead the Press Release
WASHINGTON - Arsalan Shemirani, 30, an Iranian citizen, has been sentenced in the District of Columbia to 48 months in prison for conspiracy to illegally export more than 3,000 electronic components from the United States to Iran through Hong Kong. Shemirani was also sentenced to forfeiture in the amount of $187,305.
The sentence was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; John P. Carlin, Acting Assistant Attorney General for National Security; and Scot Rittenberg, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI), Washington, D.C.
On Jan. 25, 2013, Shemirani pled guilty in the U.S. District Court for the District of Columbia to conspiracy to violate the International Emergency Economic Powers Act (IEEPA) and to defraud the United States. He was sentenced by the Honorable Richard J. Leon on Aug. 15, 2013. The sentence was unsealed by the Court and made public Aug. 29, 2013.
According to court documents filed in the case, beginning as early as January 2010 and continuing through at least November 2011, Shemirani, with his brother in Iran and a co-conspirator in Hong Kong, exported electronic parts from the United States to Iran, via Canada and Hong Kong, without first obtaining a license or authorization from the Office of Foreign Assets Control, Department of Treasury.
The defendant, who was residing in Canada during the time of the conspiracy, received purchase orders from his brother, who operated an electronics supply business in Tehran, Iran. The items purchased by the defendant on behalf of the conspiracy included high performance electronic power equipment such as field programmable microchips, acceleration sensor semi-conductors, analog converters, and other testing and power equipment. During the course of the conspiracy, the defendant purchased approximately 3,695 electronic components that were then illegally exported to his brother in Iran.
The investigation was conducted by the ICE Homeland Security Investigations (HSI) in Washington, D.C. The prosecution was handled by Assistant U.S. Attorney Courtney Spivey Urschel and former Assistant U.S. Attorney Robert Bowman, from the U.S. Attorney’s Office for the District of Columbia, and Trial Attorney Brandon Van Grack from the Counterespionage Section of the Justice Department’s National Security Division.
13-297Harold’s House Hosting First East Texas Child Abuse ConferenceRead the Press Release
Department of Justice
Office of Public AffairsLUFKIN – Harold’s House is hosting the East Texas Child Abuse Conference on Sept. 12-13, 2013 at Courtyard by Marriott. This is the first conference of its kind in East Texas, bringing together federal, state and local officials across all fields of investigation, prosecution and victim advocacy to share resources, best practices and training on crimes involving the physical or sexual abuse or neglect of children.
“We are excited to offer this great opportunity to our partners in law enforcement, the court system and child services,” said Laura Squiers, Executive Director. “We all want the best outcomes for children suffering abuse. This conference will help us achieve that goal by putting new information and resources in the hands of those working on the front lines and behind the scenes to protect children suffering abuse.”
Since its beginning 10 years ago, Harold’s House has served thousands of children suffering abuse. As a Children’s Advocacy Center, its goal is to lessen the trauma of children suffering abuse through a team approach to child-centered case response. The Center also works to empower the community to end abuse through prevention training and at-risk parenting classes offered free of charge.
The East Texas Child Abuse Conference features speakers from the U.S. Attorney’s Office, U.S. Marshal’s Office, Office of the Attorney General, Angelina County District Attorney’s Office, Lufkin Police Department, Child Protective Services, the City of Lufkin, Harold’s House and the TLL Temple Foundation SANE Program.
The conference features plenary sessions including case reviews and training and program presentations, plus resource information and networking opportunities. Topics include: cybercrime, connecting to resources, CACs, SANEs, Project Safe Childhood, CPS, child pornography and exploitation, family care, case studies, multidisciplinary teams, helping children heal, Darkness to Light’s Prevent Now! and sex offender fugitive investigation and failure to identify as a sex offender.
The event is open to members of law enforcement, court officials, social workers, counselors, child advocates and family crisis workers, and offers TCLEOSE/CEU credits through Angelina College. Registration is required for the event and seating is limited. Contact Harold’s House at (936) 634-1999 to register by phone or request a registration form. Follow updates at: www.facebook.com/haroldhouse.org.
Getaway Driver in Takeover-Style Bank Robbery Pleads GuiltyRead the Press Release
LUBBOCK, Texas — The getaway driver in the May 1, 2013, armed robbery of a Lubbock National Bank branch appeared in federal court today, before U.S. District Judge Sam R. Cummings, and pleaded guilty to one count of aggravated bank robbery and aiding and abetting as charged in a superseding indictment. Gabriel Tenorio, 30, of Lubbock, has been in custody since his arrest in early June 2013 on a related federal criminal complaint. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Tenorio’s co-defendant, Russell Eugene Heath,44, also of Lubbock, was arrested two weeks ago in Calexico, California. He is charged in a superseding indictment with multiple counts of aggravated bank robbery and firearms violations related to two bank robberies in Lubbock and one in Amarillo, Texas, in May 2013. A date has not yet been set for him to make his initial appearance in U.S. District Court in Lubbock.
According to the factual resume filed today, on May 1, 2013, Tenorio and Heath planned and executed the robbery of the Lubbock National Bank located at 4420 19th Street in Lubbock. At approximately 12:45 p.m., Heath, wearing a mask and gloves and carrying what appeared to be a Glock firearm, entered the bank, pointed the firearm at the tellers and began yelling at them to give him money. He jumped over a counter, opened a teller drawer and began stuffing money in his pockets. He then ran from the bank to a waiting vehicle driven by Tenorio. Tenorio and Heath split the proceeds of the robbery.
Tenorio faces a maximum statutory penalty of 25 years in federal prison. Judge Cummings ordered a presentence investigation report with a sentencing date to be set following the completion of that report.
An indictment contains allegations that a defendant has committed crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The investigation is being conducted by the FBI, the Lubbock Police Department, the Amarillo Police Department and the Lubbock County Sheriff’s Office. Deputy Criminal Chief Assistant U.S. Attorney Denise Williams is in charge of the prosecution.
Galesburg, Illinois Man Sentenced to 10 Years of Imprisonment for Child Pornography OffenseRead the Press Release
DAVENPORT, IA – On August 30, 2013, David Ponce, age 44, of Galesburg, Illinois, was sentenced to 120 months of imprisonment for attempting to entice a minor to engage in sexual activity, announced United States Attorney Nicholas A. Klinefeldt. United States District Judge John A. Jarvey also sentenced Ponce to 12 years of supervised release following the period of imprisonment.
Between October 12, 2011, and July 5, 2012, Ponce communicated online with an undercover officer working under the assumed identity of a thirteen-year old girl. Ponce discussed sexual activity in multiple chats with the undercover officer, and traveled from Galesburg, Illinois, to Clinton, Iowa, on July 5, 2012, for the purpose of engaging in sexual activity with the detective’s online persona. Ponce was arrested after his arrival at a predetermined meeting spot in Clinton, Iowa.
This case was investigated by the Clinton County Sheriff’s Office and the Iowa Crimes Against Children Task Force, and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Four Indicted for Drug Conspiracy, Kidnapping involving sexual torture, and using firearms in furtherance of these crimesRead the Press Release
ANCHORAGE, AK – United States Attorney Karen L. Loeffler announced today, August 30, 2013, that four Anchorage men have been indicted for drug conspiracy, kidnapping, and using firearms in furtherance of these crimes. The men are: Stuart T. Seugasala, a/k/a "Tone", age 38; Phosavan Khamnivong, a/k/a "P.K.", age 33, Timothy Miller, a/k/a "Lil' Tone", age 25, and Anaoi Sialofi, a/k/a "A-loc", age 25. The indictment also charges Stacy F. Laulu, age 31, of Anchorage, with violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA) by disclosing protected health information to another for malicious harm.
The indictment alleges that Seugasala, Khamnivong, Miller, and Sialofi participated in a conspiracy to distribute more than 500 grams of methamphetamine, as well as heroin, cocaine, and crack cocaine. The indictment goes on to allege that Seugasala organized "home invasions" (which he called "missions") of other drug trafffickers in order to obtain controlled substances for distribution and/or drug proceeds. According to the indictment, Miller and Sialofi would sometimes accompany Seugasala on these "missions".
The indictment describes one such alleged mission that occurred in March 2013. In essence, it describes how Seugasala directed Miller to prepare for a “mission” against “Victim A” in retribution for Victim A's failure to pay a drug debt to Seugasala and Khamnivong. It further alleges that Seugasala met with Victims A and B and escorted them to Miller's apartment. Seugasala, Khamnivong, Miller, and Sialofi held Victim A and “Victim B” at gunpoint, bound them with duct tape, and proceeded to beat them. It is further alleged that Seugasala sexually assaulted Victim A with a hot curling iron, causing serious physical injury to Victim A that required hospitalization. During the assault, the indictment alleges that Seugasala directed Miller to take a video of part of the sexual assault on Victim A using Miller's cellular telephone, so that it could be shown to others who owed them drug debts. After the assault on Victim A, the indictment alleges that Seugasala also sexually assaulted Victim B with the curling iron.
Days later, the indictment alleges that Seugasala shot another person, identified as “Victim C”. Seugasala then contacted an employee of an Anchorage medical center, later identified as Stacy Laulu, for information on Victims A and C. The indictment alleges that Laulu provided confidential patient information about the injuries and treatments of Victims A and C to Seugasala.
These actions form the basis for two charges of violations of HIPAA against Ms. Laulu. The indictment also demands criminal forfeiture of property, including two Cadillacs, an Infiniti, and five firearms.Seugasala and Miller are in federal custody on other charges, and there arraignments will be set by the court. Sialofi was arrested yesterday, and will be arraigned today. Khamnivong is not yet in custody. Information on his whereabouts can be provided to DEA (907-271-5033) or FBI (907-276-4441). A photo of Khamnivong is attached.
U.S. Attorney Karen Loeffler stated, “Unfortunately, violence often goes hand-in- hand with drug trafficking. We are dedicated to working with our law enforcement partners to bring the most violent drug traffickers to justice, so they can neither harm the community nor potential victims of their brutal attacks.”
The Drug Enforcement Administration, the Federal Bureau of Investigation’s Safe Streets Task Force, the Anchorage Police Department’s Special Assignment, Sex Crimes, and Vice Units, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives participated in the investigation that led to the indictments. These agencies were assisted by the Valdez Police Department, the Alaska State Troopers, and the United States Postal Inspection Service. The case is being prosecuted by the United States Attorney’s Office, in coordination with the Anchorage District Attorney’s Office.
The maximum penalties for the drug conspiracy charge include a minimum of 10 years in prison and maximum of life in prison, a $10 million fine, and at least five years of supervised release. The kidnapping charges carry potential life sentences, and the firearms charges carry mandatory minimum consecutive sentences of five and 25 years, respectively. Finally, the HIPAA violation carries a maximum sentence of 10 years in prison, a $250,000 fine, and three years of supervised release.The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Four Convicted in Northeast Houston Theft and Fraud RingRead the Press Release
HOUSTON – Dana Sue Hales, 41, has entered a plea of guilty to conspiracy to commit bank fraud, possessing stolen mail and aggravated identity theft, United States Attorney Kenneth Magidson announced today along with Bernard Butler, acting special agent in charge, Internal Revenue Service - Criminal Investigation. With her plea, a total of four Houston area residents have now been convicted in federal court in relation to a theft and fraud ring that operated in Northeast Harris County and elsewhere.
Last week, Lindsay Ann Grice, 26, and Jason Craig White, 32, entered pleas of guilty to their part in the conspiracy. Grice was convicted of bank fraud and aggravated identity theft, while White pleaded to possessing stolen mail and possession of a firearm by a convicted felon. On Aug. 9, 2013, Joseph Scott Ryder, 44, also entered pleas of guilty to possessing stolen mail and being a convicted felon in possession of a firearm.
“Individuals who commit identity theft and refund fraud deserve to be punished to the fullest extent of the law,” said Butler. “These individuals demonstrated a blatant disregard of the integrity of the United States tax system and caused immeasurable hardship to innocent victims. IRS - CI remains committed to the pursuit of identity theft and, together with our partners at the U.S. Attorney’s Office, we will hold those who engage in similar conduct accountable.”
According to the information revealed in open court, beginning at least in January 2012 the defendants broke into “blue” mail boxes located at or near area post offices to steal mail. Much of what the defendants stole included outgoing mail from citizens paying their bills. After opening the mail, they created false identifications and used them to open bank accounts and deposit the checks. On more than one occasion, area law enforcement were able to seize gym bags full of stolen mail from locations where the defendants were staying.
During the investigation, Grice was identified from bank surveillance photos negotiating stolen checks at First Convenience Bank. At the time of her guilty plea, she admitted she participated in the mail theft ring and had used the personal identification information of another person to cash stolen checks.
Information from court documents also revealed that in addition to stealing mail and cashing the checks using false identifications, Hales prepared false federal income tax returns and deposited the refund checks to accounts under her control.
On Sept. 5, 2012, Ryder was arrested at the residence of Hales on a parole violation warrant, at which time he was found to be in possession of a firearm. Ryder subsequently admitted that he, Hales and White were stealing mail, creating false identifications and cashing checks.
Later that month, agents and officers attempted the arrest of White, at which time he fled and attempted to pull a firearm. However, he dropped the gun and was arrested a short distance away. Stolen mail and additional firearms were found in a subsequent search of the residence. White confessed to participating with Hales, Ryder and others in stealing mail.
The conspiracy count and the bank fraud counts each carry a possible punishment of up to 30 years imprisonment as well as $1 million fine. For possessing stolen mail, all but Grice face an additional five-year possible term of federal imprisonment and a $250,000 fine. White and Ryder each also face a possible punishment of up to 10 years in prison and a possible $250,000 fine for being felons in possession of a firearm. Additionally, Hales and Grice will also have to serve a mandatory two-year prison term for aggravated identity theft which must be served consecutively to any sentence imposed.
U.S. District Judge Melinda Harmon, who accepted the pleas, has set Ryder’s sentencing for Oct. 25, 2013, while Grice and White will be sentenced Nov. 18, 2013. Hales is set for Nov. 22.
The matter was investigated by IRS-CI and the U.S. Postal Inspection Service with important contributions from the Harris County Sheriff’s Department, Harris County Precinct Four Constable’s Office, Humble Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives as well as the U.S. Marshals Service Violent Offenders Task Force. The case is being prosecuted by Assistant U.S. Attorney James R. Buchanan.
Fort Thompson Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on August 26, 2013, by U.S. District Judge Roberto A. Lange.
Myron Touche, Sr., age 44, was sentenced to 22 months of imprisonment, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Touche was indicted by a federal grand jury on February 13, 2013. He pled guilty to the above charge on June 4, 2013.
The charge stems from an incident occurring on November 10, 2012, wherein Touche ended up at the trailer house of his niece and her boyfriend. Two individuals were arguing in the back bedroom, and Touche went to the back room and confronted the two arguing. Touche then grabbed a gun that was by the front door and pointed it at the victim. The victim and another individual were able to wrestle the gun away from Touche.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Touche was immediately turned over to the custody of the U.S. Marshals Service.
Fort Pierce Man Indicted for Drug Trafficking and Firearms ChargesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announce the indictment of Samuel George Brown, 49, of Fort Pierce, on charges of prohibited possession of firearms, in violation of Title 18, United States Code, Sections 922(g) and (k); possession with intent to distribute marijuana, in violation of Title 21, United States Code, Section 841(a); and, possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c). Brown appeared in court earlier this morning before U.S. Magistrate Judge Frank J. Lynch, Jr. for arraignment on the charges.
According to the indictment, as well as an earlier federal complaint, Brown was found in possession of a .380 caliber Hi-Point handgun, as well as a .22 caliber Marlin rifle and a 12-gauge Mossberg shotgun, with corresponding ammunition, in his home. Officers of the St. Lucie County Sheriff’s Office discovered the firearms and ammunition, together with marijuana packaged for sale, when they executed a search warrant at Brown’s Fort Pierce home on June 8, 2013. Brown is a previously convicted felon.
If convicted, the defendant faces a maximum statutory term of imprisonment of ten years on each of the prohibited firearms possession counts, as well as the drug trafficking count, and a mandatory consecutive sentence of an additional five years, on the gun possession in furtherance of a drug crime count.
Mr. Ferrer commended the investigative efforts of ATF, the Fort Pierce Police Department, and the St. Lucie County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein
An indictment is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Vice-President of Sanborn Map Company, Inc. Pleads Guilty to Illegally Using an Unapproved Foreign Subcontractor on A Government ContractRead the Press Release
St. Louis, MO – Sanborn Map Company Inc. is a photogrammetric mapping and geographic information system services company headquartered in Colorado Springs, Colorado. Sanborn operated a regional office in Chesterfield, Missouri, until December, 2011.
ROBERT A. WILLIAMS was employed as a Senior Vice President and General Manager at Sanborn from 2000 until he was laid off in 2011.
In June 2007,Williams submitted a proposal to the United States Army Corps of Engineers, St. Louis Division, for an indefinite delivery/indefinite quantity contract to furnish all labor, supplies, materials, plant, equipment and personnel necessary to provide photogrammetric mapping and aerial photography for the Corps.
According to statements made in court during the plea, in September 2007, Williams participated in cost negotiations for the contract, and one of the provisions was that the Corps must pre-approve Sanborn's use of all subcontractors. Williams agreed to that provision, and the Corps of Engineers awarded the contract to Sanborn. Later that month, the Corps issued a "Request for Proposal" for digital orthophoto production. Williams submitted Sanborn's cost proposal and all cost and pricing data reflected that work would be completed by Sanborn and not subcontractors.
During May 2008, Williams arranged for Spatial Data Consultants Inc., a geospatial data production company located in High Point, North Carolina, to funnel triangulation and digital orthophoto production to Eastdawn Corporation, an unapproved foreign subcontractor located in China. Eastdawn Corporation was able to complete the orthophoto production at a rate much lower than the negotiated contract rate.
In September 2009, Williams presented to the Corps a claim for final payment on the contract, and certified that all of the contract requirements were met. The Corps paid Sanborn for the work completed not knowing it was completed by an unapproved foreign subcontractor.
Williams, who resides in Austin, Texas, pled guilty to one misdemeanor count of theft of Government money before United States Magistrate Judge Shirley Mensah. Sentencing has been set for November 25, 2013.
This case was investigated by the United States Army Criminal Investigation Division Procurement Fraud Division and the Defense Criminal Investigative Service. Assistant United States Attorney Jennifer Roy is handling the case for the U.S. Attorney's Office.
Former Office Manager for Health Care Solutions Network<br /> Sentenced for $63 Million Medicare FraudRead the Press Release
A former office manager at the defunct health care provider Health Care Solutions Network Inc. (HCSN) was sentenced today in Miami to serve 68 months in prison for her role in a fraud scheme that resulted in more than $63 million in fraudulent claims to Medicare and Florida Medicaid.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami office made the announcement.
Lisset Palmero, 45, of Miami, was sentenced by U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida. In addition to her prison term, Palmero was sentenced to three years of supervised release and ordered to pay restitution in the amount of $17.4 million.
During the course of the conspiracy, Palmero was employed as a receptionist and office manager at HCSN, a mental health facility that purported to provide Partial Hospitalization Program (PHP) services. A PHP is a form of intensive treatment for severe mental illness.
HCSN of Florida (HCSN-FL) operated community mental health centers at two locations. According to court documents, Palmero was aware that HCSN-FL paid illegal kickbacks to owners and operators of Miami-Dade County Assisted Living Facilities (ALF) in exchange for patient referral information to be used to submit false and fraudulent claims to Medicare and Medicaid. Palmero also knew that many of the ALF referral patients were ineligible for PHP services because they suffered from mental retardation, dementia or Alzheimer's disease.Court documents reveal that Palmero was aware that HCSN-FL personnel were fabricating patient medical records. Many of these medical records were created weeks or months after the patients were admitted to HCSN-FL for purported PHP treatment. Palmero was also aware that medical records were fabricated for “ghost patients” who were never admitted to the HCSN-FL PHP. During her employment at HCSN-FL, Palmero actively concealed the fabrication of medical records by preparing, and causing others to prepare, documentation that was later utilized to support false and fraudulent billing to government-sponsored health care benefit programs, including Medicare and Florida Medicaid.
According to court documents, from 2004 through 2011, HCSN billed Medicare and the Florida Medicaid program approximately $63 million for purported HCSN-FL mental health services.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. This case was prosecuted by Trial Attorney Allan J. Medina and former Special Trial Attorney William J. Parente.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Former Office Manager for Health Care Solutions Network Sentenced for $63 Million Medicare FraudRead the Press Release
A former office manager at the defunct health care provider Health Care Solutions Network Inc. (HCSN) was sentenced today in Miami to serve 68 months in prison for her role in a fraud scheme that resulted in more than $63 million in fraudulent claims to Medicare and Florida Medicaid.
U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami office made the announcement.
Lisset Palmero, 45, of Miami, was sentenced by U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida. In addition to her prison term, Palmero was sentenced to three years of supervised release and ordered to pay restitution in the amount of $17.4 million.
During the course of the conspiracy, Palmero was employed as a receptionist and office manager at HCSN, a mental health facility that purported to provide Partial Hospitalization Program (PHP) services. A PHP is a form of intensive treatment for severe mental illness.
HCSN of Florida (HCSN-FL) operated community mental health centers at two locations. According to court documents, Palmero was aware that HCSN-FL paid illegal kickbacks to owners and operators of Miami-Dade County Assisted Living Facilities (ALF) in exchange for patient referral information to be used to submit false and fraudulent claims to Medicare and Medicaid. Palmero also knew that many of the ALF referral patients were ineligible for PHP services because they suffered from mental retardation, dementia or Alzheimer's disease.
Court documents reveal that Palmero was aware that HCSN-FL personnel were fabricating patient medical records. Many of these medical records were created weeks or months after the patients were admitted to HCSN-FL for purported PHP treatment. Palmero was also aware that medical records were fabricated for “ghost patients” who were never admitted to the HCSN-FL PHP. During her employment at HCSN-FL, Palmero actively concealed the fabrication of medical records by preparing, and causing others to prepare, documentation that was later utilized to support false and fraudulent billing to government-sponsored health care benefit programs, including Medicare and Florida Medicaid.
According to court documents, from 2004 through 2011, HCSN billed Medicare and the Florida Medicaid program approximately $63 million for purported HCSN-FL mental health services.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. This case was prosecuted by Trial Attorney Allan J. Medina and former Special Trial Attorney William J. Parente.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former North Carolina Probation Officer Sentenced for Coercing Probationer into Sexual ActsRead the Press Release
WASHINGTON – Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division and Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina, announced today that former North Carolina Department of Correction’s Division of Community Corrections Probation Officer Willie James Steele Jr., 43, has been sentenced for violating the constitutional rights of a female probationer that he was supervising by coercing her into sexual acts on two separate occasions.
According to an indictment and evidence presented in court, Steele supervised the female probationer in 2008 after her probation was transferred to North Carolina from another state and he had the authority to recommend to a court or other agency that the victim be incarcerated or otherwise sanctioned if she violated the conditions of her probation. On Dec. 12, 2012, after a two-day trial, a jury found Steele guilty of two civil rights violations for depriving the victim of her constitutional right to bodily integrity by having non-consensual sexual intercourse with her during two separate probation meetings.
Chief Judge Robert J. Conrad, who presided over the trial, sentenced Steele to serve the statutory maximum incarceration of 24 months in prison, to be followed by one year of supervised release, for his convictions at trial.
“Probation officers are given a great deal of power in order to carry out their critical responsibilities, but this officer abused that power and violated the civil rights of a woman under his supervision,” said Acting Assistant Attorney General Samuels. “We will vigorously prosecute any probation officer who uses his position of trust to prey upon those he supervises.”
“Any time a law enforcement officer breaks the law it undermines the public’s trust in the legal system and we will do everything we can to ensure that trust is not compromised,” said U.S. Attorney Tompkins. “My office will prosecute those who abuse their position of power and use it to violate the civil rights of others.”
This case was investigated by the FBI and the North Carolina State Bureau of Investigation, and is being prosecuted by the Assistant U.S. Attorney Kimlani Ford from the Western District of North Carolina and Trial Attorney Shan Patel from the Civil Rights Division.
Former Felon Sentenced to 117 Month Prison Term for Importing Synthetic DrugRead the Press Release
TULSA, Okla. — United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma, announced that Gus Travis Poole Jr., 28, of Tulsa, was sentenced to 117 months in prison for importing approximately 1000 grams of Methylone and possession of a firearm in furtherance of a drug trafficking crime. Methylone, a synthetic compound drug, is a controlled substance which is known as “mollies” on the street.
From January through March 2013, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) executed several federal search warrants related to inbound packages of Methylone from China. The packages were seized by HSI. Additionally, Federal Express turned over a suspect package to the Tulsa County Sheriff's Office that contained over a kilo of Methylone. Investigation by HSI led to the identification of Poole as the recipient of the packages. Poole has prior felony convictions for robbery with a dangerous weapon and burglary.
United States Attorney Danny C. Williams Sr. said, “Synthetic and designer drugs are a significant, widespread problem both domestically and internationally. Abuse of these substances, like all dangerous drugs and chemicals, creates problems for individuals, their families, their communities, and society in general.” He added, “The trafficking of any type of drug will not be tolerated in the Northern District.”
“Homeland Security Investigations routinely works with our local law enforcement partners to effectively identify, investigate and prosecute drug traffickers,” said David M. Marwell, special agent in charge of HSI Dallas, which includes north Texas and the state of Oklahoma. “By working closely with the U.S. Attorney’s Office and Tulsa County Sheriff’s Office, we successfully removed a violent drug trafficker from our communities for nearly 10 years.”
This case was investigated by HSI, with assistance from the Tulsa County Sheriff’s Office. The case was prosecuted for the United States by Assistant United States Attorney Gary Davis II.Former Employee Admits Theft from Coeur D’Alene TribeRead the Press Release
COEUR D’ALENE – Angeline Morago George, 36, of Plummer, Idaho, and Portland, Oregon, pleaded guilty today in federal court to conspiracy to commit theft from a tribal organization, U.S. Attorney Wendy J. Olson announced. George and co-conspirator Billy E. Moffitt, 26, of Plummer and Lewiston, Idaho, were charged in a federal indictment on May 21, 2013. Moffitt pleaded guilty to the charge on August 20.
According to the plea agreement, Angeline George was employed by the Coeur d’Alene Tribal Housing Authority and was issued a credit card related to her duties. Between February 2 and February 23, 2013, George and Moffitt drove from the Coeur d’Alene reservation to Spokane, Washington, where George purchased $4,175.26 in money orders from local Money Tree stores. George or Moffitt would then cash the money orders and use the cash for their personal use and benefit. As part of their agreement with prosecutors, George and Moffitt agreed to pay restitution to the Coeur d’Alene Tribal Housing Authority.
The defendants each face up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
George is scheduled to be sentenced on December 3 and Moffitt on November 5, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d’Alene.
“Those who are entrusted with public funds have a solemn obligation to act in the public interest,” said Olson. “Ms. George violated the trust placed in her by the Coeur d’Alene Tribal Housing Authority, by putting personal gain ahead of her public obligation. Appropriately, Ms. George and her co-conspirator, Mr. Moffitt, will reimburse the Coeur d’Alene Tribe for the money they stole. I commend the Coeur d’Alene Tribal Police and the FBI for their thorough investigation of this case.”
The case was investigated by Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.
Former Campbell Businessman Pleads Guilty to Tax EvasionRead the Press Release
SAN JOSE – Stephen Joseph Heuer pleaded guilty in federal court in San Jose today to tax evasion, United States Attorney Melinda Haag announced.
According to the plea agreement, Heuer, 52, of Greer, South Carolina, owned and operated Cocoon Nutrition, a company located in Cupertino and Campbell, Calif. Heuer admitted that between January 2002 and April 2005, he attempted to avoid paying taxes on income he received through the operation of Cocoon Nutrition. Heuer admitted that, as a part of his scheme, he established a corporation in the state of Washington in the name of Alchemy Ministries to conceal income he derived from Cocoon Nutrition. He claimed Cocoon Nutrition was being run by Alchemy Ministries, and that Alchemy Ministries was a tax-exempt religious organization. Under the appearance of being a religious organization, Heuer’s claim had the effect of making Cocoon Nutrition exempt from federal, state, and local tax laws.
Heuer admitted that he willfully failed to report $381,182 of taxable income, which resulted in $136,552 of additional tax due, and pleaded guilty to one count of tax evasion.
Heuer’s sentencing hearing is scheduled for December 9, 2013, at 1:30 p.m. before The Honorable Edward J. Judge Davila, U.S. District Judge, in San Jose. The maximum statutory penalty for one count of attempting to evade taxes, in violation of 26 U.S.C. § 7201, is five years and a fine of $250,000, plus restitution. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Jeff Nedrow is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Susan Kreider. The prosecution is the result of a two-year investigation by the Internal Revenue Service, Criminal Investigation, and the Food and Drug Administration, Office of Criminal Investigations.
Former Agriprocessors Manager Hosam Amara Pleads Guilty to Alien Harboring ConspiracyRead the Press Release
Former Agriprocessors, Inc., manager Hosam Amara pled guilty today in federal court in Cedar Rapids. Amara, age 48, formerly of Postville, Iowa, was convicted of one count of conspiracy to harbor undocumented aliens for profit.
In a plea agreement, Amara admitted he was a manager of the poultry side of Agriprocessors’ Postville facility. Amara admitted that, during at least the five years leading up to May 2008, he and several other Agriprocessors managers knowingly and willfully conspired to harbor undocumented alien workers at Agriprocessors’ Postville facility. Among Amara’s coconspirators was Agriprocessors’ Chief Executive Officer (CEO). Amara admitted the conspiracy was for the purpose of commercial advantage.
In the plea agreement, Amara also admitted that, in the Fall of 2007, an immigration agent warned Agriprocessors’ human resources manager that certain expired versions of resident alien cards should no longer be accepted as proof that alien employees were authorized to work in the United States. The human resources manager stopped accepting the cards, and Agriprocessors soon had a shortage of workers. Amara complained to the CEO about the worker shortage, and the CEO began causing new undocumented alien workers to be placed on the payroll of a separate company, Hunt Enterprises, to make it appear the undocumented aliens were not Agriprocessors’ employees. Knowing this, Amara told existing undocumented alien workers to encourage their family members to come to Agriprocessors for work.
In the plea agreement, Amara also admitted he fled to Israel in the wake of a May 12, 2008 immigration enforcement action at Agriprocessors in Postville. The CEO encouraged Amara to leave, telling him, “[j]ust go ahead and leave and forget about everything here.” The CEO gave Amara $4,000 to use for expenses including airfare. Amara was extradited to the United States in April 2013.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Amara remains in custody of the United States Marshal pending sentencing. Amara faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, a $100 special assessment, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Peter Deegan, C.J. Williams, and Matthew Cole. The investigation has been led by Homeland Security Investigations with assistance from the Federal Bureau of Investigation. Prior assistance was provided by the United States Marshals Service; United States Postal Inspections Service; Iowa Department of Public Safety; Iowa Department of Transportation; Federal Protective Service; Internal Revenue Service – Criminal Investigations; United States Department of Labor; Public Health Service; United States Department of Agriculture; United States Environmental Protection Agency; Iowa Department of Natural Resources; Drug Enforcement Administration; Waterloo Police Department; and Postville Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 08-1324 LRR.
Five Men Sentenced to Prison for Armed Home InvasionRead the Press Release
CHARLOTTE, N.C. – On Thursday, August 29, 2012, U.S. District Judge Max O. Cogburn, Jr. sentenced five men to prison in connection with a 2011 armed home invasion in Mooresville, N.C., announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. The five men received sentences ranging from 11 to 18 years in prison.
Wayne L. Dixie, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Sheriff Kevin L. Auten of the Rowan County Sheriff’s Office join U.S. Attorney Tompkins in making today’s announcement.
Judge Cogburn sentenced Osman White, 42, of Summerville, S.C. to serve 140 months in prison; Roderick Darnell Hardin, 40, of Charlotte, was sentenced to 150 months in prison; Timothy James Donahue, 44, of Mt. Pleasant, N.C. was ordered to serve 188 months in prison; Leo McIntyre, Jr., 39, of Charlotte, was sentenced to 140 months in prison; and Otis Sutton, 23, of Charlotte, was sentenced to 219 months in prison. Judge Cogburn also ordered the defendants to serve three years under court supervision following their prison terms, and to pay $1,500.000 as restitution, joint and severally.
According to court documents and court proceedings, the robbery was planned while White, McIntyre and Hardin were incarcerated in Mecklenburg County. While in jail, White told McIntyre and Hardin that Donahue knew of which places and people to rob.
Court records show that on July 21, 2011, the six victims of the home invasion – three adults and three young children – were sitting outside in front of the Mooresville residence. One of the adult victims is the owner and operator of a car dealer and salvage yard located on the same property as the residence. According to court records, Hardin and Sutton, armed with firearms, pulled into the driveway of the residence, demanded money from the owner of the business, and then ordered the entire family into the residence. Court records show that once inside the residence, Hardin demanded the owner to hand over the money kept in the safe inside the residence and threatened to shoot the children if the owner did not comply. Court records indicate that Hardin and Sutton took approximately $1.5 million from the safe. After obtaining the money from the safe, Hardin and Sutton tied up the adult victims. During the course of the robbery, Hardin also struck the owner in the head, all according to court records.
According to court documents, after the robbery Hardin rented a storage unit in Charlotte where he kept some of the stolen money. On July 29, 2011, law enforcement seized approximately $550,000 from the storage unit and arrested Hardin the next day when he arrived at the storage unit.
All defendants except Donahue entered guilty pleas. Otis Sutton pleaded guilty in May 2012 to Hobbs Act robbery and possession of a firearm in furtherance of a crime of violence. White and McIntyre also pleaded guilty to Hobbs Act robbery, in August and October 2012, respectively. In December 2012, Hardin pleaded guilty to conspiracy to commit Hobbs Act robbery and Hobbs Act robbery. Also in December 2012, following a six-day trial, a federal jury found Donahue guilty of conspiracy to commit Hobbs Act robbery and Hobbs Act robbery.
A sixth defendant, Abdul White, 44, of Charlotte pleaded guilty in November 2012 to being an accessory after the fact, in connection with the robbery. He faces a maximum prison term of 10 years and a $125,000 fine. Abdul White has not been sentenced yet.
In announcing the lengthy sentences, Judge Cogburn consistently emphasized the violent nature of the crimes.
The defendants have been in federal custody in the Western District of North Carolina and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. Federal sentences are served without the possibility of parole.
The case was investigated by ATF and the Rowan County Sheriff’s office The prosecution was handled by Assistant U.S. Attorney Ann Claire Phillips, of the U.S. Attorney’s Office in Charlotte.
Felon Sent to Federal Prison for Firearm ChargeRead the Press Release
A Sioux City man was sentenced August 21, 2013, to six years in federal prison for his illegal possession of a firearm.
Jack Dangel, age 22, of Sioux City, received his prison term after a May 21, 2013, guilty plea to being a felon in possession of a firearm. Dangel has a 2009 conviction in the Iowa District Court for Woodbury County for a felony offense which precluded him from lawfully possessing firearms.
Information provided by the United States at the sentencing and change of plea hearings revealed that on November 21, 2012, Dangel possessed a break-open shotgun, which was stolen, and Dangel knew it was stolen. Between January 2011 and November 21, 2012, Dangel sold at least two to three pounds of methamphetamine and multiple pounds of marijuana throughout the Sioux City, Iowa metro area, and possessed at least seven guns in connection with his methamphetamine and marijuana distribution.
Dangel was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Dangel was sentenced to 72 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Dangel is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4115.
This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Sioux City Police Department. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Federal Prosecutors Charge Ninth Person in Scheme to Defraud BP Oil Spill Claims FundRead the Press Release
BIRMINGHAM – Federal prosecutors this week charged a Birmingham woman as part of a conspiracy to fraudulently take money from funds established to pay claims from individuals and businesses harmed by the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.
In an information filed Thursday in U.S. District Court, the U.S. Attorney's Office charged METILDA STEWARD GORDEN, 47, with conspiring in 2010 to participate in a scheme to defraud the Gulf Coast Claims Facility.
The U.S. Attorney's Office has now charged nine people with conspiring to defraud the oil spill claims funds, and seven have pled guilty.
British Petroleum, which owned the Macondo oil well where the Deepwater Horizon drilling rig exploded, established the Gulf Coast Claims Facility in June 2010 for the purpose of administering and settling claims resulting from the oil spill disaster. A subsidiary of BP established the Deepwater Horizon Oil Spill Trust Fund in August 2010 to pay certain types of claims and expenses from the oil spill, including claims settled through the GCCF.
Gorden is charged with independently agreeing to provide personal information, such as bank account information, to individuals who recruited her so that they could use her information to file fraudulent claims for lost wages with the GCCF. The recruiters are not named in the charging document. After the GCCF paid Gorden on the fraudulent claims, she returned part of the money to the individuals who recruited her to participate in the scheme, according to the information. Between November 2010 and August 2011, the GCCF paid about $65,786 into Gorden's bank account.The FBI is investigating these cases. Assistant U.S. Attorney Henry Cornelius is prosecuting the cases.
Duneweg Man Charged with Sexually Exploiting a 4-year-old ChildRead the Press Release
Project Safe Childhood
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Duneweg, Mo., man has been charged in federal court with sexually exploiting a 4-year-old child to produce child pornography.
Tony Lasiter, 31, of Duneweg, was charged in a federal criminal complaint filed in the U.S. District Court in Springfield, Mo., on Thursday, Aug. 29, 2013.
According to an affidavit filed in support of the criminal complaint, Lasiter used his cell phone to take nude photos of a 4-year-old child while she was in the bathtub and while she was lying in a bed with someone touching her in a sexual manner. Lasiter allegedly downloaded the photos to his laptop computer, then transferred the files to an SD card. The files were discovered on Wednesday, Aug. 28, 2013, the affidavit says, when the victim’s father noticed the SD card in the computer and opened the files. The photos allegedly were taken on three separate occasions between Aug. 13 and 28, 2013.
Dickinson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Southwest Missouri Cyber Crimes Task Force, the Duneweg, Mo., Police Department, the Sarcoxie, Mo., Police Department and the Jasper County, Mo., Sheriff’s Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Custer Man Pleads Guilty to Tax EvasionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Custer, South Dakota, man has pled guilty to a federal income tax evasion charge.
Dennis Wicks, age 71, appeared before U.S. Magistrate Judge Veronica L. Duffy on August 22, 2013, and pled guilty to an Information charging him with income tax evasion for the year 2009, during which Wicks received taxable income of over $50,000.
Wicks admitted to directing some of his patients to make payments payable to a nominee entity, instead of to himself, in an attempt to evade the assessment of taxes against him. Wicks also admitted to attempting to evade or defeat taxes due in 2001, 2002, 2005, 2006, 2007, 2008, and 2010. The maximum penalty upon conviction is 5 years’ imprisonment and a $250,000 fine.
The investigation is being conducted by the Department of the Treasury, Internal Revenue Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
A presentence investigation was ordered and a sentencing date will be set. Wicks was released on bond pending sentencing.
Convicted Felon Found Guilty of Federal Firearm and Drug ChargesRead the Press Release
Albert Franklin, Jr., a/k/a Frank Nitty, 51, of Nashville, Tennessee was convicted by a jury in U.S. District Court in Nashville yesterday, of conspiring to possess with the intent to distribute Oxycodone; using, carrying, and brandishing a firearm during a drug trafficking crime; and possession of a firearm by a convicted felon, announced David Rivera, Acting U. S. Attorney for the Middle District of Tennessee; Jeffrey Fulton, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms & Explosives; and Steve Anderson, Chief, Metropolitan Nashville Police Department..
“We are pleased with the jury’s verdict and will seek a sentence that will insure the defendant and his violent acts are removed from this community for a long period of time,” said Acting U.S. Attorney David Rivera. “This verdict exemplifies the continued efforts of federal and local law enforcement officers to vigorously investigate and prosecute individuals who commit gun and drug crimes in our community.”
According to testimony at trial, in January 2010 the Metro Nashville Police Department was conducting a reverse sting operation using a confidential informant. A meeting was set up between the informant and Albert Franklin, a convicted felon and owner of Mustang Sally’s Bar on Dickerson Pike, for the purpose of consummating a drug deal. Co-defendant, Anthony Griffin was also present. Franklin was supposed to purchase 3,000 Oxycontin pills from the informant. When the informant produced the pills, which were actually placebos, Franklin produced a loaded revolver, put it to the informant’s head, and robbed him of the pills, which he believed to be Oxycontin.
Franklin then forced the informant from the bar at gunpoint and a stand-off ensued shortly thereafter with the Metro Nashville Police Department. After approximately one hour, Franklin surrendered to police. The firearm used in the robbery was recovered from inside an interior wall of the bar.
“ATF remains committed to vigorously investigating violent crime and making our communities safer,” said Jeff Fulton, Special Agent in Charge of the ATF.“Albert Franklin posed a significant danger to the East Nashville community and decided to continue breaking the law despite prior serious convictions,” Metro Police Chief Steve Anderson said. “I am grateful to the U.S. Attorney’s Office and our federal law enforcement partners for helping ensure that those who repeatedly challenge the safety of our neighborhoods are held fully accountable.”
Franklin will be sentenced by Chief U.S. District Judge William J. Haynes, Jr., on December 6, 2013. He faces a maximum sentence of life in prison.
Co-defendant Anthony Griffin is awaiting trial and is presumed innocent unless and until proven guilty.This case was investigated by the Metropolitan Nashville Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The United States was represented by Assistant United States Attorneys Philip H. Wehby and Lynne T. Ingram.
California Man Arrested After Disrupting JetBlue FlightRead the Press Release
DENVER – Gregory Meyer, age 47, of Studio City, California, was arrested early this morning by the FBI after committing a disturbance on a JetBlue flight, United States Attorney John Walsh and FBI Denver Division Special Agent in Charge Thomas Ravenelle announced. Meyer is scheduled to appear in U.S. District Court in Denver today at 2:00 p.m. before U.S. Magistrate Judge Craig B. Shaffer, where he will be advised of his rights as well as the charges pending against him. He is expected to be released on bond.
Meyer is charged with two counts of simple assault by offensive touching of two passengers on Jet Blue flight 358, which was en route from Bob Hope Airport in Burbank, California to John F. Kennedy International Airport in New York, New York. Because of Meyer’s assaultive behavior, and his failure to obey flight attendants, the Captain of JetBlue flight 358 diverted the plane to Denver International Airport. The plane was then met by Denver Police Officers. The defendant was placed into federal custody and transported to the Denver City Jail.
Court records indicate that Meyer smelled of alcohol and was loud when he boarded the flight. He stroked one female passenger’s arm and grabbed her waist and tried to grab her hand. She was seated next to him but across the aisle. Meyer also grabbed the head of another female passenger who was seated in front of him. Flight attendants did not serve Meyer alcohol because he was visibly drunk from vodka he brought on board. Law enforcement found out later Meyer also took an Ambien sleeping pill.
Meyer faces not more than 6 months imprisonment, and up to a $5,000 fine per count.
This case was investigated by the FBI with assistance from the Denver Police Department.
Meyer is being prosecuted by Assistant U.S. Attorney Richard Hosley.
A Criminal Complaint is a probable cause charging document. The defendant is presumed innocent unless and until proven guilty.
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Belleville Man Sentenced to Federal Prison for Stealing from the Social Security Administration While in State PrisonRead the Press Release
A Belleville, Illinois, man convicted of Theft from the Social Security Administration was sentenced in United States District Court in East St. Louis, Illinois, on August 30, 2013, to 18 months in federal prison, 3 years of supervised release, and ordered to pay restitution to the Social Security Administration in the amount of $20,220.00, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Douglas Buckman, 39, pled guilty to the charges on May 13, 2013. During his plea, Buckman admitted that from January of 2009 through June of 2011, he continued to receive Supplemental Security Income (SSI) benefits even though he knew he was not entitled to receive the benefits because he was in prison during the period for a state criminal conviction. Buckman admitted that during the time he was in state custody, the Social Security Administration paid out over $20,220.00 in SSI payments to him that were fraudulent.
“This case is yet another example of the wide spread fraud that plagues both state and federal programs that are in place to help the most vulnerable in our society. My office will continue to stand beside both federal and state law enforcement in doing all that is necessary to find and prosecute those who steal from and defraud these vital programs,” said United States Attorney Wigginton.
The investigation was conducted by the Social Security Administration, Office of the Inspector General, and was prosecuted by Assistant United States Attorney Ranley R. Killian.
Belleville Man Pleads Guilty to Possession of Child PornographyRead the Press Release
A Belleville man pled guilty in federal court on August 30, 2013, to Possession of Visual Depictions of Minors Engaged in Sexually Explicit Conduct, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Terel D. Noble, a/k/a ARelman,@ 30, faces a term in prison of not more than ten years, a fine up to $250,000, and a term of supervised release of five years to life when he is sentenced. Noble also agreed to forfeit the computer which contained the visual depictions. In addition, upon his release from prison, Noble must register as a sex offender as a condition of his supervised release. Sentencing is scheduled for December 20, 2013, in East St. Louis, Illinois.
The investigation began on December 19, 2011, when an individual contacted the Belleville Police Department to report that he/she had seen images of a partially nude underage girl on Noble’s computer. The individual said that, when he/she accidentally opened the file, Noble “freaked” out and immediately closed the file. When confronted, Noble stated that he thought he had erased all of them.
The next day, December 20, 2011, law enforcement officers went to where Noble lived at the time and seized his Hewlett Packard laptop computer. A forensic analysis revealed approximately 137 visual depictions of minors engaged in sexually explicit conduct under the user name “Relman.”
In a voluntary interview, Noble admitted possession of the visual depictions of minors engaged in sexually explicit conduct, stating that it was a “phase” he was going through.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The case was investigated by the Belleville, Illinois, Police Department, Collinsville, Illinois, Police Department, the St. Clair County Sheriff’s Department and the Federal Bureau of Investigation's Springfield Child Exploitation Task Force (SCETF). The case is assigned to Assistant United States Attorney Angela Scott.
Another Guilty Plea in Multi-Defendant Meth Trafficking CaseRead the Press Release
POCATELLO – Marco Antonio Echeverria, 25, of Idaho Falls, Idaho, pleaded guilty yesterday in United States District Court to distributing methamphetamine, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, an individual working with law enforcement contacted co-defendant Juan Carlos Garcia and made arrangements to purchase methamphetamine. Garcia directed the individual to another location in Idaho Falls, Idaho, where he met with Echeverria. Echeverria told the individual that Garcia had asked him to handle the transaction. The next day, Echeverria provided the individual with methamphetamine, as previously agreed. Echeverria admitted knowing the substance he was distributing was methamphetamine.
Echeverria’s sentencing is set for November 20, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello. He faces up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.
Five co-defendants – Juan Garcia, 35, Fausto Enrique Urias, 32, Erica Rodriguez, 33, and Misty Chapman, 29, all of Idaho Falls, and Benito Vasquez Joya, 58, of Rigby Idaho – pleaded guilty earlier this month to related drug charges. They are scheduled to be sentenced on October 23, 2013, in Pocatello.
The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Idaho State Police, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Bonneville County Sheriff's Office, Idaho Falls Police Department, Madison County Sheriff's Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Anchorage Man sentenced to 37 months in prison for running investment fraud schemeRead the Press Release
Anchorage, Alaska - U.S. Attorney Karen L. Loeffler announced today that an Anchorage man was sentenced in federal court today for running an investment fraud scheme which targeted small investors in Anchorage in 2011 and 2012.
Floyd LeRoy Lee, Jr., 32, of Anchorage, Alaska, was sentenced by U.S. District Judge Sharon Gleason to 37 months in prison following his conviction for one count of securities fraud, and one count of mail fraud.
According to Assistant U.S. Attorney Joseph Bottini, who prosecuted the case, Lee set up an investment company – Platinum Investments, Inc. – in Anchorage in October 2010. Lee, assisted by his co-defendant in the case, Mary Elizabeth Transki, then solicited investors with the promise of high-yield returns in a brief amount of time. Between September 2011, and March 2012, Lee and Transki took in approximately $63,000 in investment funds. After receiving the money, Lee and Transki did not invest it as promised and instead used the funds for their own personal use and benefit.
Lee and Transki were indicted by a federal grand jury in April 2013 for one count each of securities fraud related to the investment fraud scheme. Lee was also indicted for one count of mail fraud. Transki and Lee each pled guilty in June of this year to the securities fraud charge, and Lee additionally pled guilty to the mail fraud count. On August 19, 2013, Transki was sentenced to 21 months in prison for her role in the fraud scheme.
In sentencing Lee to 37 months in prison, Judge Gleason noted that Lee and Transki had preyed on small investors who are the type of individuals least able to absorb the loss of investment funds.
Ms. Loeffler commends the Federal Bureau of Investigation for their investigation of this case.
Anchorage Felon sentenced to 105 months in prison for drug charges and illegal possession of 17 firearmsRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that an Anchorage man was sentenced yesterday in federal court to 105 months in prison after pleading guilty to drug and gun charges.
Gus Brant Doulgerakis, 36, of Anchorage, Alaska, was sentenced yesterday by U.S. District Court Judge Timothy M. Burgess to 105 months in prison, to be followed by a five year term of supervised release. Doulgerakis previously pled guilty to possession with the intent to distribute both heroin and cocaine and to possessing firearms in furtherance of drug trafficking.
According to Assistant U.S. Attorney Stephanie Courter, who prosecuted the case, Doulgerakis possessed 17 separate firearms as well as other weapons and multiple items of drug paraphernalia, including scales, thousands of dollars in cash, a money counter, and multiple cellular telephones. His home was also replete with items related to the movie Scarface, a film that glorifies drug trafficking and the use of violence in support of that drug trafficking.
In sentencing Doulgerakis, Judge Burgess emphasized the seriousness of the offenses, noting that there was no doubt in his mind that Doulgerakis was engaged in extremely dangerous illegal activity. Judge Burgess also noted the effect of crimes like drug dealing on members of the community.
Ms. Loeffler commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Anchorage Police Department for their investigation of this case.
ATTACHED: Bashas’ Non-Prosecution Agreement (PDF)Read the Press Release
BASHAS’ INC. TO PAY RESTITUTION FOR MEAT MISLABELINGPHOENIX – John S. Leonardo, United States Attorney for the District of Arizona, announced today that Bashas’ Inc. (“Bashas’”), a family-owned Arizona corporation that operates more than 100 grocery stores in Arizona, California, and New Mexico, including the line of stores known as AJ’s Fine Foods (“AJ’s”), has agreed to execute a Non-Prosecution Agreement concerning meat mislabeling practices that occurred at certain AJ’s locations between January 2010 and February 2012.
Under the Non-Prosecution Agreement, Bashas’ has admitted, accepted, and acknowledged corporate responsibility for the misconduct of the employees who were responsible for the mislabeling practices and has voluntarily undertaken a variety of remedial measures – including disciplining and/or terminating culpable employees and adopting a comprehensive compliance program to be overseen by a Chief Compliance Officer – in an effort to prevent the misconduct from ever recurring. Bashas’ also has agreed to provide $1,472,487.20 (which represents the total sales generated from the sale of the misbranded meat) to the Tucson Community Food Bank, St. Mary’s Food Bank, United Food Bank, the Salvation Army, St. Vincent de Paul Food Bank, and the Association of Arizona Food Banks in order to provide complete restitution for the misconduct.
Between January 2010 and February 2012, Bashas’ operated 12 AJ’s locations in the Phoenix metropolitan area and an additional location in Tucson. During this time period, employees within the meat departments of some of these locations followed a practice of taking beef tenderloin steaks that had been graded as “Choice” under the USDA’s meat grading system, mislabeling those steaks as “Prime” (a higher grade), and then selling the mislabeled steaks to customers. Because “Prime” steak is usually more expensive than “Choice” steak – AJ’s typically sold “Prime” steak for $35.99/pound and sold “Choice” steak for $25.99/pound during the relevant time period – the result of these mislabeling practices was that customers were being overcharged. In addition, during the same time period, employees within the meat departments of some of these AJ’s locations also engaged in mislabeling practices concerning American-style “Kobe” ground beef, a special breed of beef that was typically sold for $5.99/pound. Specifically, these AJ’s locations followed a practice of adding trimmings from non-“Kobe” meat products (including “Choice” and “Prime” steaks, cuts of meat that typically sell for much more than $5.99/pound) to the “Kobe” ground beef mixture in an effort to improve the consistency of the grind. As result, the product being sold by these AJ’s locations as “Kobe” ground beef was not, in fact, composed solely of “Kobe” ground beef. In total, the offending AJ’s locations sold approximately 17,636 pounds of mislabeled “Prime” tenderloin steaks and 139,861 pounds of mislabeled “Kobe” ground beef to customers and generated $1,472,487.20 in total sales therefrom.
The United States Attorney’s Office’s decision to enter into the Non-Prosecution Agreement with Bashas’ was based on a careful consideration of the factors set out in the Department of Justice’s “Principles of Federal Prosecution of Business Organizations.” Of particular weight were Bashas’ full and ongoing cooperation with the investigation (which was conducted by the United States Department of Agriculture); Bashas’ willingness to accept full corporate responsibility for its employees who engaged in misconduct; Bashas’ willingness and agreement to undertake significant remedial measures to ensure that such misconduct will not recur; Bashas’ agreement to disgorge all of the sales it derived from its misconduct, in the form of restitution payments to area food banks; the absence of prior instances of misconduct associated with Bashas’; the absence of proof that Bashas’ upper management was aware of, or ratified, the misconduct; and the USDA’s conclusion that the misconduct did not create any public health risk.
The investigation in this case was conducted by the United States Department of Agriculture. The prosecution is being handled by Dominic Lanza and Peter Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.
RELEASE NUMBER: 2013-071_Bashas
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
29 August 2013
Westerville Man Pleads Guilty to Receiving Child PornographyRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS – Jason C. Grossman, 31, of Westerville, Ohio pleaded guilty in U.S. District Court to one count of receipt of child pornography, a crime punishable by at least five years and up to 20 years in prison.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, William Hayes, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Ohio and Michigan, and Franklin County Sheriff Zach Scott and members of the Franklin County Internet Crimes Against Children Task Force (ICAC), announced the plea entered today before U.S. District Judge Gregory L. Frost.
According to court documents, in December 2012 Grossman met online someone claiming to be the father of prepubescent children. Grossman discussed the possibility of engaging in sexual activity with the man’s daughter. The “father” was actually an ICAC officer patrolling the internet.
Grossman scheduled an in-person meeting to confirm the details of the planned sexual activity then travel back to the man’s home. When Grossman arrived for the meeting on January 9, 2013, ICAC officers arrested him. Officers executed a search warrant at Grossman’s home and seized computers and storage media. Forensic examinations revealed that Grossman had downloaded approximately 49 images of child pornography from the internet.
Judge Frost will schedule a date for sentencing. Grossman’s sentence could also include being placed under court supervision after serving his prison term for at least five years and up to life. Grossman remains on house arrest until sentencing.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
U.S. Attorney Stewart commended the investigation by ICAC task force officers and HSI Special Agents, as well as Assistant U.S. Attorney Heather Hill, who is prosecuting the case.
Vero Beach Resident Charged with Importing Illegal Catch from the BahamasRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Otha Easley, Acting Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, Southeast Division, and Major Camille Soverel, Regional Commander, South A Region, Florida Fish & Wildlife Conservation Commission (FWC), announce the filing of an information against Toby Lamm, 46, of Vero Beach. The information charges that Lamm imported and attempted to import into the United States fish and wildlife possessed and transported in violation of the laws of the Commonwealth of the Bahamas and the State of Florida, in violation of the Lacey Act, Title 16, United States Code, Sections 3371(a)(2)(A) and 3373(d)(1)(A). The information also seeks the forfeiture of the illegal catch: approximately, 338 queen conch, 11 spiny lobster tails, 31 stone crab claws, and 140 pounds of Snapper and Grouper fillets.
According to the information, on or about June 23, 2013, in St. Lucie County, Lamm attempted to import queen conch (Strombus gigus), spiny lobster (Panulirus argus), stone crab (Menippe mercenaria) claws and demersal (fin fish) namely: Snapper (Lutjanus) and Grouper (Serranidae), in violation of the possession limits for each of the species as set forth in the laws and regulations of the Commonwealth of the Bahamas, specifically, the Fisheries Resources (Jurisdiction & Conservation) Regulations, Part X, Sections 47(1)(a), (b) and 48(1)(f) and the laws and regulations of the State of Florida, specifically 68B-16.003(1), 68B-24.003(4), and 68B-13.005(2).
The case has been assigned to U.S. District Court Judge Jose E. Martinez. If convicted, Lamm faces a possible sentence of up to one year in prison, the forfeiture of the illegal catch, and a fine of up to $10,000.
Mr. Ferrer commended the investigative efforts NOAA Office of Law Enforcement, FWC, and Customs and Border Protection. The case is being prosecuted by Assistant U.S. Attorneys Norman O. Hemming, III and Antonia Barnes.
An information is only an accusation and a defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
United States and Switzerland Issue Joint Statement Regarding Tax Evasion InvestigationsRead the Press Release
The Department of Justice today announced a program that will encourage Swiss banks to cooperate in the department’s ongoing investigations of the use of foreign bank accounts to commit tax evasion. The department also released a joint statement with the Swiss Federal Department of Finance, stating that Switzerland will encourage its banks to participate in the program.
“This program will significantly enhance the Justice Department's ongoing efforts to aggressively pursue those who attempt to evade the law by hiding their assets outside of the United States,” said Attorney General Eric Holder. “In addition to strengthening our partnership with the Swiss government, the program’s requirement that Swiss banks provide detailed account information will improve our ability to bring tax dollars back to the U.S. treasury from across the globe.”
“This program will provide us with additional information to prosecute those who used secret offshore bank accounts and those here and abroad who established and facilitated the use of such accounts,” said Deputy Attorney General James M. Cole. “Now is the time for all U.S. taxpayers who hid behind Swiss bank secrecy laws or have undeclared offshore accounts in other foreign countries to come forward and resolve their outstanding tax issues with the United States.”
Under the program, which is available only to banks that are not currently under criminal investigation by the department for their offshore activities, participating Swiss banks will be required to:
· Agree to pay substantial penalties
· Make a complete disclosure of their cross-border activities
· Provide detailed information on an account-by-account basis for accounts in which U.S. taxpayers have a direct or indirect interest
· Cooperate in treaty requests for account information
· Provide detailed information as to other banks that transferred funds into secret accounts or that accepted funds when secret accounts were closed
· Agree to close accounts of account holders who fail to come into compliance with U.S. reporting obligations
Banks meeting all of the above requirements will be eligible for non-prosecution agreements. Banks currently under criminal investigation related to their Swiss banking activities, and all individuals, are expressly excluded from the program.
The program holds banks to a higher degree of responsibility for opening secret accounts after it became publicly known that the department was actively investigating offshore tax evasion in Switzerland. Under the penalty provisions of the program, banks seeking a non-prosecution agreement must agree to a penalty in an amount equal to 20 percent of the maximum aggregate dollar value of all non-disclosed U.S. accounts that were held by the bank on Aug.1, 2008. The penalty amount will increase to 30 percent for secret accounts that were opened after that date but before the end of February 2009 and to 50 percent for secret accounts opened later than that.
The program will significantly assist the department’s efforts to investigate and prosecute U.S. taxpayers who, when faced with the risk of detection, chose to move funds away from banks under investigation to banks that they believed might be better havens for tax secrecy. A key component of the program requires cooperating banks to provide information that will enable the United States to follow the money to other Swiss banks and to banks located in other countries.
The program also provides a path to resolution for Swiss banks that were not engaged in wrongful acts with U.S. taxpayers but nonetheless want a resolution of their status. Most banks in this category will be asked to provide an internal investigation report prepared by an independent examiner, as well as any additional information requested by the department. A smaller group of banks will be allowed to show that they met certain criteria for deemed-compliance under the Foreign Account Tax Compliance Act (FATCA). Banks in these two groups will be eligible to receive non-target letters.
The program is intended to enable every Swiss bank that is not already under criminal investigation to find a path to resolution. It also creates significant risks for individuals and banks that continue to fail to cooperate, including for those Swiss banks that facilitated U.S. tax evasion but fail to cooperate now, for all U.S. taxpayers who think that they can continue to hide income and assets in offshore banks, and for those advisors and others who facilitated these crimes.
Since 2009, the department has charged more than 30 banking professionals and 68 U.S. accountholders with violations arising from their offshore banking activities. Fifty-four U.S. taxpayers and four bankers and financial advisors have pled guilty, and five taxpayers have been convicted at trial. One Swiss bank entered into a deferred prosecution agreement, and a second Swiss bank was indicted and pleaded guilty. Currently, the department is actively investigating the Swiss-based activities of 14 financial institutions. The department’s enforcement activities are global and have also included public actions concerning activities in India, Luxembourg, Israel and the Caribbean.
The program does not address current or future investigations and pending cases concerning bank employees, financial advisors and other individuals. The department will address each of these cases only with the individual’s counsel, in a manner that gives consideration to the particular facts and circumstances of each case. In those cases in which indictments are pending, any resolution will also require addressing outstanding issues with the court. Counsel for banks currently under investigation, individuals who have been indicted, or bank employees who are concerned about whether they have potential criminal liability should contact the department’s Tax Division or the prosecutors handling their case if they wish to seek resolution.
The department notes that the joint statement with the Swiss Federal Department of Finance provides that if personal data are provided, they should only be used for purposes of law enforcement, which may include regulatory action, in the United States or as otherwise permitted by U.S. law. Additionally, the department has assured its Swiss counterparts that it understands that simply because the names of individuals are included in the information that it receives from a bank does not necessarily mean that any particular individual is or is not culpable of wrongdoing. The support that Switzerland has shown for this program may also help those banks already under investigation take some of the steps necessary to reach a resolution.
“Banks that come forward under the program that we have announced today have the opportunity to reach a resolution with the United States,” said Assistant Attorney General for the Tax Division Kathryn Keneally. “The program will give us yet more information to pursue U.S. taxpayers who are continuing to hide their assets in offshore accounts, and creates significant risks for those Swiss banks that fail to come forward. We recognize and express our appreciation for Switzerland’s support of the program.”
“The program the Department of Justice announced today is another positive step forward in the U.S. government’s continuing efforts to combat offshore tax evasion,” said Danny Werfel, Acting Commissioner of the Internal Revenue Service. “On behalf of the IRS, I extend my appreciation to both the Justice Department and the Swiss government for developing a way forward that provides the United States with information that will be critical to the enforcement of our tax laws and will bring closure for Swiss banks that meet the requirements of the program.”
Related Materials:
Joint Statement and Program
Signed Joint Statement and Program
Comments on Program for Non-Prosecution Agreements or Non-Target Letters for Swiss Banks
Undocumented Alien Indicted in Connection with Counterfeit Identification DocumentsRead the Press Release
BIRMINGHAM – A federal grand jury today indicted an undocumented Mexican national on charges involving counterfeit identification documents, announced U.S. Attorney Joyce White Vance and U.S. Immigration and Customs Enforcement's Homeland Security Investigations Special Agent in Charge Raymond R. Parmer Jr.
The indictment filed in U.S. District Court charges IVAN ALEJANDRO MARTINEZ-BARRON, 23, with one count of producing counterfeit Social Security and Permanent Resident cards. The indictment also charges Martinez-Barron with one count of possessing the equipment to produce such documents.
"We ask for continuing help and vigilance from the community to help us detect anyone providing false identity documents, as those identities might be used by people who wish to do our country harm," Vance said.Each count carries a maximum sentence of 15 years in prison and a $250,000 fine.
ICE-HSI investigated the case. Assistant U.S. Attorney Melissa K. Atwood is prosecuting the case.
The public is reminded that an indictment contains only charges. The defendant is presumed innocent, and it is the government's responsibility to prove guilt beyond a reasonable doubt at trial.
Underwood, Iowa Resident Sentenced to 96 Months in Prison for Possession of A Firearm by A Prohibited PersonRead the Press Release
COUNCIL BLUFFS, IA - On August 27, 2013, Christopher A. Morresi, a 35 year-old resident of Underwood, Iowa, was sentenced by United States District Court Judge John A. Jarvey to ninety-six months in prison for possessing firearms after a felony conviction, announced U.S. Attorney Nicholas A. Klinefeldt. Judge Jarvey also ordered Morresi to serve three years of supervised release following completion of the imprisonment. On June 7, 2013, Morresi pled guilty to being in possession of a firearm by a convicted felon. The charge was the result of an investigation conducted by officers of the Council Bluffs, Iowa, Police Department after they were called to a motor vehicle with a passed-out driver on December 6, 2012. Morresi was determined to be the driver of the vehicle, and he had in his possession a firearm that was reported stolen out of Nemaha County, Nebraska. Prior to December 6, 2012, Morresi had been convicted of felony offenses in New Jersey and in Iowa.
The investigation was conducted by the Council Bluffs, Iowa, Police Department, Nemaha County, Nebraska Sheriff’s Office, the Pottawattamie County Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the U.S. Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
U.S. Attorney Amanda Marshall Issues Statement Regarding Today's Marijuana Guidance from U.S. Department of JusticeRead the Press Release
PORTLAND, Ore. – Marijuana poses a significant risk to public health and its cultivation, distribution, and possession remains illegal under federal law. The Department of Justice is committed to enforcing the Controlled Substances Act, and will use its limited investigative and prosecutorial resources to address the most significant threats posed by illegal drug trafficking.
Today’s updated guidance memo from the Department reiterated eight priority areas related to enforcing federal marijuana laws:
- 1. Preventing the distribution of marijuana to minors;
- 2. Preventing revenue from the sale of marijuana from going to criminal organizations, gangs, and cartels;
- 3. Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;
- 4. Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
- 5. Preventing violence and the use of firearms in the cultivation and distribution of marijuana;
- 6. Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
- 7. Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and
- 8. Preventing marijuana possession or use on federal property.
Here in Oregon, federal prosecutors will remain aggressive when it comes to protecting these eight federal enforcement interests. That means exercising their prosecutorial discretion to investigate and prosecute individuals who infringe against any of these stated federal interests, regardless of state law. Outside of these stated priorities, we will continue what we have been doing since the passage of the Oregon Medical Marijuana Act, relying on state and local authorities to address lower-level or localized marijuana activity through enforcement of their own narcotics laws.
Having looked at the marijuana cases we have prosecuted in this district in the past two years, including all of our open cases involving marijuana cultivation, delivery or possession, we can certify that every case involves at least one, and in most cases more than one, of the eight federal priorities. So, this really doesn’t change anything for the way we do business at the U.S. Attorney’s Office in Oregon.
The Department expects that states that have legalized the use of marijuana, whether for medical purposes or otherwise, will establish and enforce strict regulatory schemes that protect the eight federal interests identified in the Department’s guidance. These schemes must be tough in practice, not just on paper. They must include strong, state-based enforcement efforts, backed by adequate funding. We will take a “trust, but verify” approach. In other words, as long as the state follows through in imposing strict controls regulating marijuana-related conduct, it is less likely that any of the Department’s eight enforcement priorities will be threatened and federal action will be less necessary. But if any of the stated harms do materialize—either in spite of a strict regulatory scheme, or because of the lack of one—federal prosecutors will act aggressively to bring individual prosecutions and may challenge the regulatory scheme themselves.
Two Sex Offenders Indicted for Failing to RegisterRead the Press Release
POCATELLO - Ronald Lee Chaney, 32, and Tyler Zane Clem, 21, both recently of North Little Rock, Arkansas, were indicted on August 27, 2013, by a federal grand jury in Pocatello for failing to register as a sex offender, U.S. Attorney Wendy J. Olson announced. Clem appeared today before U.S. Magistrate Judge Ronald E. Bush and entered a plea of not guilty. Chaney’s initial appearance has not been set.
The indictments allege that between June 29 and August 9, 2013, both men were required to register under the Sex Offender Registration and Notification Act (SORNA), but failed to do so. Clem, convicted of Felony Sexual Assault in the Second Degree on June 13, 2012, in Arkansas, was initially charged with failing to register by complaint. The supporting affidavit by a Deputy United States Marshal stated that Clem had left a half-way house in North Little Rock, Arkansas, with Chaney, near the end of June, and that Chaney was arrested on August 7 at a residence in Pocatello. Clem was arrested on August 9. According to the affidavit, a witness stated that Clem and Chaney rode the Salt Lake Express to Pocatello, arriving together on July 3, 2013. Public records indicate that Chaney was convicted in Idaho in 2002 of Sexual Abuse of a Child under Sixteen Years.
Chaney’s indictment also alleges that he committed assault on an officer on the date of his arrest, August 7, 2013.
The charge of failure to register as a sex offender is punishable by up to ten years in prison, a maximum fine of $250,000, and up to life supervised release. The charge of assault on an officer is punishable by up to eight years in prison, a maximum fine of $250,000, and up to three years of supervised release.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Sex Offender Registration and Notification Act (SORNA), which was passed by Congress in 2006, requires sex offenders to register and keep their registration current in each jurisdiction where they reside, are employed or are students. Violations of SORNA can be prosecuted in federal court.
“The U.S Marshals Service take these cases very serious. Indicting these individuals proves that it doesn’t matter where they run and hide, we will find them, and they will be prosecuted,” stated Brian T. Underwood, U.S. Marshal for the District of Idaho.
The case was investigated by the United States Marshals Service and the Idaho Sex offender Watch Task Force.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Two California Firms and Owner Agree to Settle Clean Air Act Violations Stemming from Illegal Import of VehiclesRead the Press Release
Two Los Angeles-based consulting firms, MotorScience Inc., and MotorScience Enterprise Inc., (MotorScience) and their owner, Chi Zheng, have agreed to settle alleged Clean Air Act (CAA) violations stemming from the illegal import of 24,478 all-terrain, recreational vehicles into the U.S. from China without testing to ensure emissions would meet applicable limits on harmful air pollution, announced the Department of Justice, the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (ARB).
MotorScience and Zheng have agreed to have a stipulated judgment entered against them for a $3.55 million civil penalty and to pay an additional $60,000 civil penalty within six months. The United States will receive 80 percent of collected penalties, and California will receive the remaining 20 percent.
“Vehicles and engines that are manufactured overseas and sold in the U.S. must meet the same Clean Air standards as domestically-made products,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We will continue to vigorously enforce these laws to ensure that American consumers get environmentally sound products that do not pollute the atmosphere and violators do not gain an unfair economic advantage by skirting the law.”
“This illegal importation of over 20,000 vehicles evaded federal emission standards, jeopardizing human health,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and oxides of nitrogen which can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog.”
“The integrity of new vehicle standards are the foundation for achieving our air quality goals in California,” said ARB Enforcement Chief James Ryden. “When a manufacturer circumvents these requirements, they not only cheat their customers and competitors, but they also shortchange every citizen of our state who relies upon our shared actions to clean the air.”
Today’s settlement also requires that for the next 15 years, before either MotorScience or Zheng may engage in any further work involving non-road vehicles and engines, they must follow a rigorous compliance plan to ensure that any emissions testing and certification applications submitted to EPA or the ARB accurately represent those vehicles and engines. Non-road vehicles and engines include recreational vehicles, generators, lawn and garden equipment, and other non-road internal combustion engines.
EPA’s investigation showed that MotorScience obtained EPA certificates of conformity for numerous vehicles without conducting required emissions testing. As alleged in separate complaints filed in federal district court by the United States and the state of California in September 2011, MotorScience arranged for emissions testing of a limited number of vehicles, and then reused those results to obtain certificates of conformity for numerous other, dissimilar vehicles. For at least three of those vehicles, EPA confirmed that their emissions exceeded the federal limits for hydrocarbons and nitrogen oxides.
MotorScience and its president, Zheng, provide consulting services for vehicle manufacturers and other clients interested in obtaining certificates of conformity from EPA to allow import of their vehicles into the U.S. In 2010, EPA voided 12 certificates held by four of the defendants’ clients, who were U.S.-based importers for Chinese recreational vehicle manufacturers. The complaints filed by the U.S. and California alleged that defendants caused four of their clients to illegally import vehicles under federal certificates and California executive orders that were voided. The complaints further alleged that defendants caused their clients to fail to create and maintain required records on emissions testing.
The CAA prohibits any vehicle or engine from being imported into or sold in the United States unless it is covered by a valid, EPA-issued certificate of conformity demonstrating that the vehicle or engine meets applicable federal emission standards. The CAA also prohibits any actions that cause the importation of uncertified vehicles or that cause recordkeeping violations. Similarly, the California Health and Safety Code prohibits any vehicle or engine from being distributed or sold in California, unless such vehicle or engine is covered by a valid, ARB-issued executive order demonstrating that the vehicle or engine meets applicable California emission standards.
The certificate of conformity is the primary way EPA ensures that vehicles and engines meet emission standards. This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and engines comply with the CAA’s requirements.
More information on the settlement: www2.epa.gov/enforcement/motorscience-and-chi-zheng-clean-air-act-settlement.
More information on EPA’s Clean Air Act mobile source enforcement programs: www2.epa.gov/enforcement/air-enforcement#mobile.Truck Broker Sentenced for Dumping Thousands of Tons of Asbestos Contaminated Debris in Violation of the Clean Water ActRead the Press Release
Jonathan Deck, 59, of Norwood, N.J., was sentenced today in federal court in Utica, N.Y., to 15 months in prison for conspiring to commit wire fraud in connection with the illegal dumping of thousands of tons of asbestos-contaminated construction debris on a 28-acre piece of property on the Mohawk River in upstate New York, the Justice Department announced.
Deck was the last individual sentenced in a series of prosecutions that involved at least two companies and five individuals including Eagle Recycling, Mazza & Sons Inc., Julius DeSimone, Donald Torriero, Dominick Mazza, and Cross Nicastro. The investigation of this conspiracy spanned more than five years and resulted in more than 10 years of incarceration and more than $1 million in criminal fines, restitution, and cleanup costs to remediate a site now contaminated with more than 400 truckloads of asbestos-contaminated wastes.
With respect to Mr. Deck, U.S. District Judge David N. Hurd sentenced him to serve 15 months in prison, followed by three years of supervised release. He was further ordered to pay $492,000 in restitution for, among other things, cleanup expenses at the site. Given the ongoing nature of the cleanup, Judge Hurd further authorized the United States to recoup additional, future cleanup costs from the conspirators as well.
Deck pleaded guilty to conspiring to violate the wire fraud statute. According to the evidence, Deck and others conspired to fill in the entire property over the course of five years with pulverized construction and demolition debris that was processed at New Jersey solid waste management facilities and then transported to open property in Frankfort, N.Y. The plot was uncovered by law enforcement just months after the operation began, but not before the conspirators had already dumped at least 400 truckloads of debris at the site. Much of the material that was dumped was placed in and around waters of the United States and some of the material was found to be contaminated with asbestos. The conspirators then concealed the illegal dumping and recruited others to join in the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forged the name of a DEC official on the fraudulent permit.
This case was investigated by the New York State Environmental Conservation Police, Bureau of Environmental Crimes, EPA’s Criminal Investigation Division, Internal Revenue Service, New Jersey State Police Office of Business Integrity Unit, New Jersey Department of Environmental Protection, and Ohio Department of Environmental Protection. The case was prosecuted by Assistant U.S. Attorney Craig A. Benedict of the Northern District of New York, and Trial Attorneys Todd W. Gleason and Gary Donner of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Timber Lake Man Charged with Passing Counterfeit $100 BillsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man has been indicted by a federal grand jury for Uttering Counterfeit Obligations of the United States.
Dennis Tyler Gutierrez, a/k/a Crow Shoe, age 21, was indicted by a federal grand jury on August 21, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 23, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 20 years in custody, a $250,000 fine, or both; at least 3 years up to life of supervised release; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to an incident on July 25, 2013, when the defendant allegedly passed a counterfeit $100 bill at the Timber Lake celebration. The charge is merely an accusation and Gutierrez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Secret Service and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Gutierrez was released on bond pending trial. A trial date has not been set.Timber Lake Man Charged with Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man has been indicted by a federal grand jury.
Francisco Hernandez, Jr., age 41, was indicted by a federal grand jury on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 26, 2013, and pled not guilty to the Indictment. The charge stems from repeated assaults on the victim who has been in a relationship with Hernandez for approximately 7 years.
The maximum penalty upon conviction is 5 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 mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Hernandez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Hernandez was released on bond pending trial. A trial date has not been set.Timber Lake Man Charged with Assault with A Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Vincent Archambeault, a/k/a Vincent Archambault, age 26, was indicted by a federal grand jury on August 21, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 23, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; at least 3 years up to life of supervised release; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to a June 26, 2013, incident in Timber Lake when the defendant allegedly bit two individuals with his teeth and caused serious bodily injury to one of the alleged victims.
The charges are merely an accusation and Archambeault is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Archambeault was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.Three Time Felon Sentenced on Weapons ChargeRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr., announced today that Davon Washington, 30, of Rochester, N.Y., who was convicted of possessing an illegal firearm after having been previously convicted of three prior violent felonies, was sentenced by U.S. District Judge David G. Larimer to 15 years in prison. Judge Larimer, who found that Washington was an Armed Career Offender under federal law, also placed Washington on five years of post-release supervision.
Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that Washington was a passenger in a vehicle that was stopped for a traffic violation on Jewel Street in Rochester. The defendant attempted to flee from the vehicle and engaged in a physical struggle with police officers. While running from the scene, Washington was observed tossing a handgun over a fence. The loaded firearm was recovered in an adjacent yard. Officers later located the defendant hiding in a nearby apartment building.
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco and Firearms, and Explosives, under the direction of Resident Agent in Charge Scott Heagney, along with officers and investigators with the Rochester Police Department, under the direction of Chief James Sheppard.