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22 August 2013
Fayette Co. Pill Dealer Sentenced to Nearly 4 Years in Federal Prison for Selling OxycodoneRead the Press Release
Police also found 17 firearms, hundreds of marijuana plants at defendant’s residence
CHARLESTON, W.Va. – A Fayette County pill dealer who sold approximately 250 powerful prescription painkillers over a two-year period was sentenced today to three years and ten months in federal prison, announced U.S. Attorney Booth Goodwin. Vernon Peters III, 35, of Kincaid, Fayette County, W.Va., previously pleaded guilty in May to distribution of oxycodone. On March 20, 2012, Peters sold three 30-milligram oxycodone tablets to a police informant. The pill transaction occurred at the defendant’s Fayette County residence.
On March 19, 2012, members of the West Virginia State Police seized approximately 17 firearms and 236 marijuana plants from the defendant’s residence. A number of firearms at the residence were located in close proximity to the marijuana plants.
In total, Peters illegally sold approximately 250 30-milligram oxycodone pills in and around Fayette County.
The West Virginia State Police conducted the investigation. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
East Windsor Gun Store Owner Admits Multiple Federal Firearms ViolationsRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, and Kenneth J. Croke, Acting Special Agent in Charge of the ATF Boston Field Division, announced that DAVID LAGUERCIA, 56, of Broad Brook, pleaded guilty today in Bridgeport federal court to violating federal firearms laws. LAGUERCIA was the owner and operator of Riverview Gun Sales, located at 4 Prospect Hill Road in East Windsor.
According to court documents and statements made in court, LAGUERCIA, doing business as Riverview Sales, Inc. (“Riverview”), was a federal firearms licensed dealer in Connecticut (“FFL”) from 2005 to December 2012. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted an investigation of LAGUERCIA and Riverview and discovered approximately 300 examples of false or missing information in Riverview’s acquisition and disposition (“A&D”) records. The investigation also revealed at least two instances in which individuals received firearms prior to receiving approval from the national instant criminal background check system (“NICS”). Riverview also failed to report the theft of a firearm within 48 hours, and failed to report multiple sales of handguns to the same individuals.
“This investigation of one of Connecticut’s largest gun dealers revealed hundreds of record-keeping violations, improper sales, shoddy inventory procedures and seemingly non-existent store security,” stated Acting U.S. Attorney Daly. “Federally-licensed firearms dealers are our first line of defense in making sure that firearms don’t wind up in the wrong hands, and gun dealers who don’t follow the rules and violate federal law will be prosecuted.”
“Today is an example of the consequences federal firearms dealers face when they commit violations and put communities in danger with their actions,” stated ATF Acting Special Agent in Charge Croke. “It is critical for FFLs to comply with federal laws and regulations. ATF has a responsibly to ensure they do, thereby keeping firearms out of the hands of individuals who are prohibited from having them to ensure that our citizens are safe.”
LAGUERCIA pleaded guilty today before United States Magistrate Judge Holly B. Fitzsimmons to one count of transfer of a firearm before completion of background check, and one count of failure to maintain proper firearm records. LAGUERCIA also entered a guilty plea on behalf of RIVERVIEW SALES, INC. to one count of making false entries in dealer’s records. The maximum penalty on each of the charges is one year of imprisonment, five years of probation and a $100,000 fine.
Sentencing has been scheduled for November 14, 2013.
On December 20, 2012, ATF issued a revocation of Riverview’s FFL, effective on that date. LAGUERCIA has not appealed this administrative decision.
As part of his guilty plea, LAGUERCIA agreed that he will not be an FFL or a responsible party for an FFL for a period of five years. He also has agreed to sell or transfer any firearms remaining in Riverview’s inventory to another FFL.
This matter is being prosecuted by Assistant United States Attorney Robert M. Spector.
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OAKLAND – Jessika Green, Khyber Law, and Starkisha Benson were charged in a 22 count indictment on August 20, 2013, with wire fraud, conspiracy to file false claims, filing false claims, effecting fraudulent transactions with an access device, theft of public money, and aggravated identity theft, announced United States Attorney Melinda Haag and Internal Revenue Service - Criminal Investigation Special Agent in Charge José M. Martinez.
According to the indictment, Green, Law, and Benson, of Oakley, Antioch, and Berkeley, Calif., respectively, filed or helped others file false claims with the IRS requesting refunds in the names of other people. As part of the scheme, the defendants and their co-conspirators allegedly procured the names and identities of individuals through illegal means or by agreement with participants in the scheme. The filed returns claimed falsely wages and withholdings. The defendants also requested that the IRS transmit the fraudulent refunds into accounts linked to debit cards. These debit cards were used to access the proceeds derived from the conspiracy.
The maximum statutory penalty for each count of wire fraud, in violation of 18 U.S.C § 1343, is twenty years in prison and a fine of $250,000. The maximum statutory penalty for each count of conspiracy to file false claim, in violation of 18 U.S.C § 286, is ten years in prison and a fine of $250,000. The maximum statutory penalty for each count of filing false claims, in violation of 18 U.S.C § 287, is five years in prison and a fine of $250,000. The maximum statutory penalty for each count of effecting fraudulent transactions with access device, in violation of 18 U.S.C § 1029(a)(5), is fifteen years in prison and a fine of $250,000. The maximum penalty for theft of public money, in violation of 18 U.S.C § 641, is ten years in prison, consecutive to the underlying felony and a fine of $250,000. The maximum penalty for aggravated identity theft, in violation of 18 U.S.C § 1028A, is a mandatory consecutive sentence of two years in prison, and a fine of $250,000 plus restitution. 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.
Assistant U.S. Attorney Thomas Newman is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Drug Trafficking Ringleader Craig Petties Sentenced to Life in Federal PrisonRead the Press Release
Memphis, TN – Craig Petties, 36, of Memphis, TN was sentenced today to nine life sentences in federal prison by United States District Judge Samuel H. Mays, announced U.S. Attorney Edward L. Stanton III.
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In 2009, Petties pleaded guilty to 19 charges related to his role as the ringleader of one of the largest drug trafficking organizations ever prosecuted in West Tennessee. Petties and the other members of his criminal racketeering enterprise conspired with cocaine traffickers in Mexico, Texas, Mississippi, North Carolina, Georgia, Tennessee, and elsewhere. As part of the conspiracy, cocaine was prepared, packaged and/or stored, prior to distribution to buyers in “stash houses.” The defendant and the co-conspirators used these “stash houses” to avoid detection by law enforcement authorities.
It was further part of the conspiracy that the defendants and their co-conspirators sorted, counted, packaged, and stored large amounts of cash derived from the sale of controlled substances in various co-conspirators’ premises in the Western District of Tennessee. The co-conspirators delivered large amounts of currency derived from the sale of cocaine from the Western District of Tennessee and elsewhere to Texas and Mexico. In order to facilitate continued drug trafficking and in order to prevent others from cooperating with law enforcement authorities, it was further part of the conspiracy that the defendant and the co-conspirators did kill other people. Petties pleaded guilty to murder in aid of racketeering and conspiracy to commit murder for hire, and he admitted to a role in at least four murders. Petties also later pleaded guilty to a separate charge of possessing a weapon while in custody at the Federal Correctional Institution in Memphis.
Over 40 people have been charged and convicted as part of this investigation. The sentencing of Petties represented the end of these successful prosecutions in the U.S. District Court for the Western District of Tennessee.
“Craig Petties was the ringleader of one of the largest and most violent criminal organizations to ever operate in the state of Tennessee. The court’s sentence of life without the possibility of parole holds Petties accountable for his ruthless acts,” said U.S. Attorney Stanton. “It should also send a clear message to those who distribute poison into our communities and protect their criminal activity by any means necessary: you will not get away with it, and you will be prosecuted to the fullest extent of the law. I hope the sentence imposed today can provide a meaningful measure of closure to the families of those murdered and victimized by the Petties organization, as well as the community as a whole.”
“The dismantling of the Petties organization brought his reign of terror to an abrupt end. Petties, who was dubbed as a powerful ‘drug lord,’ trafficked vast quantities of cocaine and marijuana and was one of the most violent and notorious drug dealers in Memphis history,” said Harry S. Sommers, the Special Agent in Charge of the DEA Atlanta Field Division. “Despite his power, criminal protection and violent methods of operation, step by step, the government successfully dismantled his once-thriving criminal network. This life sentence would not have been possible without the high-level of cooperation between federal, state, local and Mexican law enforcement authorities.”
This investigation was conducted in conjunction with prosecutors in Memphis as part of the Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Program, which seeks to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations, money laundering organizations and related criminal enterprises.
Because there is no parole in the federal prison system, Petties will spend the rest of his life in prison. This case was investigated by the Drug Enforcement Administration, the United States Marshals Service, the Memphis Police Department, the Shelby County Sheriff’s Department and the Olive Branch Police Department. The case is being prosecuted by Assistant United States Attorney David Pritchard on behalf of the government.Drug Dealer Pleads Guilty to Distributing Heroin That Resulted in DeathRead the Press Release
LONDON, KY - Following the first day of trial, a Pulaski County man pled guilty to conspiring to distribute heroin and to distributing heroin that resulted in the death of another.
Anthony Lacortiglia, age 29, admitted that he provided heroin to John Latham on May 4, 2012, and that Latham died as a result of using the heroin. Lacortiglia also admitted to conspiring with others to distribute heroin within Pulaski County. The terms of the agreement require Lacortiglia to be imprisoned for 240 months, provided no changes occur with respect to the law surrounding overdose deaths.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky; Perrye Turner, Special Agent in Charge, FBI; Rodney Brewer, Kentucky State Police Commissioner; Robbie Clark, Acting Director of the Lake Cumberland Area Drug Task Force; and Todd Wood, Pulaski County Sheriff, jointly announced the conviction.
U.S. Attorney Kerry B. Harvey said, “This case highlights the importance of cooperation between federal, state and local law enforcement in fighting the growing epidemic of heroin overdose deaths. A troubling increase in heroin abuse has been detected in the Eastern District of Kentucky. We are committed to using every available tool to combat this problem. Drug dealers should be on notice that we intend to hold them responsible for the consequences of their criminal conduct.”
The investigation was conducted by Detective Jason Browning of the Kentucky State Police, Detective Darrell Kegley of the Pulaski County Sheriff’s Office, Sergeant Jon Williams of the Pulaski County Sheriff’s Office, Agent Mike Walters of the Lake Cumberland Area Drug Task Force, and various agents of the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Jason Parman.
District Man Sentenced to 22 Years in PrisonRead the Press Release
For Murder of 18-Year-Old Girl in Northwest Washington
Defendant and Victim Met Through a Social Media Website; Victim Killed for iPhone and iPodWASHINGTON – Alexander Buckley, 22, of Washington, D.C., was sentenced today to 22 years in prison on a charge of second-degree murder while armed for the slaying of a Maryland teenager, U.S. Attorney Ronald C. Machen Jr. announced.
Buckley pled guilty in June 2013 in the Superior Court of the District of Columbia. He was sentenced by the Honorable Russell F. Canan. Upon completion of his prison term, Buckley will be placed on five years of supervised release.
According to the government’s evidence, in January 2013, Buckley met the victim, 18-year-old Siohban Lee, through a social media website known as “Tagged,” which allows users to view profiles and photographs posted by other users. Tagged is available as an application to iPhone and Android phone subscribers and allows users to text one another via the Internet. Initially, the defendant and the victim communicated only through Tagged. Eventually, however, they exchanged phone numbers and began to communicate by phone.
Leading up to the early morning hours of Jan. 25, 2013, Buckley and Ms. Lee exchanged several text messages and phone calls, during which she agreed to meet him for the very first time. The defendant provided the victim with instructions to take the bus into the District of Columbia, towards Georgia Avenue NW, where he would meet her. Sometime after 2:15 a.m., on Jan. 25, 2013, he met Ms. Lee in the area of 5th and Nicholson Streets NW. The victim was carrying a purse, and was in possession of both her iPhone and iPod Touch.
At approximately 2:30 a.m., Buckley shot the victim one time in the left side of the head, just behind her left ear, killing her. He took her iPhone and iPod Touch, and, leaving her purse behind, fled the scene. Law enforcement quickly located the defendant, who still had the phone in his possession. As a result, Buckley was arrested just hours after the murder.
In announcing the sentence, U.S. Attorney Machen praised the work of the detectives, officers, and crime scene technicians who investigated the case for the Metropolitan Police Department. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Ethel Gregory and Marian Russell; Lead Paralegal Sharon Newman; and Victim/Witness Advocate Marcia Rinker.
Finally, U.S. Attorney Machen recognized the work of Assistant U.S. Attorney Kimberley Nielsen, who investigated and prosecuted the case.
13-290Cumberland County Armed Robbers Sentenced to 200 Months Imprisonment in Federal CourtRead the Press Release
RALEIGH – United States Attorney Thomas G. Walker announced that today in federal court, United States District Judge Terrence W. Boyle sentenced xavier deshawn lymas, 24, jessie gomez, 26 , and LIONEL BERNARD NEWMAN, 23, all of Fayetteville. LYUMAS received 200 months imprisonment, followed by 5 years of supervised release; gomez received 200 months imprisonment, followed by 5 years of supervised release; and NEWMAN received 200 months imprisonment, followed by 5 years of supervised release.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Cumberland County Sheriff’s Office, and the Hope Mills Police Department. Assistant United States Attorney Toby Lathan prosecuted the case.
LYMAS, GOMEZ, NEWMAN, and JOSE MORALES were named in an eight-count Indictment filed on October 3, 2012 charging them with crimes related to the robbery of businesses engaged in interstate commerce. On February 19, 2013, LYMAS , NEWMAN, and MORALES pled guilty to Conspiracy to Rob Businesses Engaged in Interstate Commerce, and Using and Carrying a Firearm During a Crime of Violence. On April 11, 2013, GOMEZ pled guilty to the same. MORALES will be sentenced at a later date.
According to the investigation, the group participated in a string of armed robberies in Cumberland County in October 2011. On October 27, 2011, LYMAS, GOMEZ, NEWMAN, and JOSE MORALES, armed with handguns, traveled to the Lake Lynn Short Stop on Gillespie Street in Fayetteville for the purpose of robbing the business. Due to the high volume of customers inside, the group chose instead to rob a person seated in his vehicle in the parking lot. With MORALES acting as the driver and NEWMAN serving as a lookout, LYMAS and GOMEZ robbed the victim at gunpoint.
The group then traveled to a Kangaroo Express store on Natal Street in Fayetteville. Wearing ski masks and gloves, LYMAS, GOMEZ, and NEWMAN entered the store while MORALES acted as the driver. GOMEZ and NEWMAN were armed with handguns. Inside, GOMEZ demanded money from the store clerk and struck the clerk in the head with his handgun. The group fled with cash and other items taken from the store.
The same evening, NEWMAN and an unindicted accomplice robbed a Kangaroo Express store on Hope Mills Road in Hope Mills. NEWMAN and his accomplice entered the store wearing ski masks and gloves. Both brandished handguns. NEWMAN pointed his handgun at a store clerk and demanded cash. The robbers fled with cash and other items.
On October 30, 2011, LYMAS, GOMEZ, and MORALES attempted to rob a Kangaroo Express on Main Street in Hope Mills. With MORALES acting as the driver, LYMAS and GOMEZ entered the store wearing ski masks and gloves, and brandishing handguns. Several Hope Mills police officers were in close proximity conducting surveillance on the store and observed LYMAS and GOMEZ as they entered. The officers followed LYMAS and GOMEZ inside and placed them under arrest before they were able to complete the robbery.Corpus Man Handed 13-Year Sentence for Local Bank RobberyRead the Press Release
CORPUS CHRISTI, Texas – Glen Lee Sympson has been ordered to federal prison for committing a bank robbery of Prosperity Bank in Corpus Christi in early 2013, announced United States Attorney Kenneth Magidson. Sympson pleaded guilty June 3, 2013.
Today, U.S. District Judge Hayden Head, handed Sympson a sentence of 156 months in federal prison to be immediately followed by a three-year-term of supervised release. In assessing the sentence, the court considered his status as a career offender under the U.S. Sentencing Guidelines due to his two prior convictions for robbery in June 2000 and November 2004.
On Jan. 2, 2013, at approximately 10:30 a.m., Sympson robbed the Prosperity Bank on Leopard Street in Corpus Christi. He entered the bank wearing a disguise consisting of a wig and a beard and displayed a handgun at bank employees and others present in the lobby. Sympson was heard stating, “this is a robbery, no one call the cops or push any buttons. Get your hands up.” After the branch manager activated the alarm, Sympson yelled “get your hands out of there.”
Witnesses observed Sympson flee the bank with cash and get into a vehicle and were able to provide the license plate to officers. Officers soon located him and arrest Sympson at his residence.
Sympson, was arrested on Jan. 2, 2013, at his apartment on the 9800 block of La Branch Street in Corpus Christi.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI investigated with the assistance of the Corpus Christi Police Department. Assistant United States Attorney Jeff Miller prosecuted the case.
Convicted Sex Offender from Tallapoosa County Sentenced to Thirty Months in Federal Prison and Five Years of Supervision for Failing to RegisterRead the Press Release
Montgomery, Alabama - Jimmy Jones, a resident of Tallapoosa County, Alabama, was sentenced to thirty months in federal prison after a felony conviction for failing to register as a sex offender, United States Attorney George L. Beck, Jr., announced today.
A federal grand jury indicted Jones in March 2013, for failing to register and update a registration as required by the Sex Offender Registration and Notification Act after he relocated to a new jurisdiction. According to court documents, Jones was convicted of one count of attempted rape third degree in New York in 2002. Due to this conviction, Jones was designated a sexually violent offender and is required to register as a sex offender. The last time Jones registered in New York was on November 21, 2011. Jones pleaded guilty in May 2013 and he admitted that in August 2012 he traveled from New York to Alabama. Jones further admitted that, after relocating to Alabama, he knowingly failed to register as a sex offender in Alabama.
United States District Judge Myron H. Thompson sentenced Jones to thirty (30) months in federal prison to be followed by five (5) years of supervised release. Jones remains in the custody of the United States Marshals Service pending placement by the Bureau of Prisons.
This case was investigated jointly by the United States Marshals Service, the Alexander City Police Department, and the Tallapoosa County Sheriff’s Office. Assistant United States Attorney Jerusha T. Adams prosecuted the case.
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Fax: (334) 223-7617Cobb County Man Charged in Identity Theft SchemeRead the Press Release
Defendant Claimed Over $5.5 Million in Fraudulent Tax Refunds
ATLANTA - Bradford Thomas has been arraigned on charges of wire fraud, aggravated identity theft, and theft of government funds. Thomas was indicted by a federal grand jury on August 13, 2013.
“This defendant is accused of attempting to defraud the U.S. Treasury out of millions of dollars by seeking 1200 tax refunds in the names of unsuspecting taxpayers,” said United States Attorney Sally Quillian Yates.
“Identity thieves are becoming more devious, creative, and conniving,” stated Veronica Hyman-Pillot, Special Agent in Charge, IRS-Criminal Investigation. “They steal our identities, steal government money and prey upon innocent citizens. These criminals must be and will continue to be pursued in order to obtain justice for the victims as well as justice for our nation.”
According to United States Attorney Yates, the charges, and other information presented in court: From January 2010 through May 2013, Thomas orchestrated a scheme to file over 1,200 false tax returns using the names and social security numbers of various victims, many of whom were incarcerated in jails or prisons throughout the country. The false tax returns claimed over $5.5 million in fraudulent tax refunds which were directed to be deposited into bank accounts controlled by Thomas or individuals working with him. The scheme caused an actual loss of over $1.6 million in taxpayer money.
In conjunction with the arrest of Thomas, two locations, a business named “Immaculate Autos” in Kennesaw, Ga., and his primary residence in Acworth, Ga., were searched by federal agents. Both are suspected to be places where electronic returns were submitted to the IRS.
Bradford Thomas, 46, of Cobb County, Ga., was arraigned today before United States Magistrate Judge Linda T. Walker.
The indictment charges 10 counts of wire fraud, 10 counts of aggravated identity theft, and 8 counts of theft of government funds. Each wire fraud count carries a maximum sentence of 20 years in prison and each theft of government funds count carries a maximum sentence of 10 years in prison. In addition, the aggravated identity theft charges carry at least one mandatory two-year consecutive sentence to any other sentence imposed. Each count also carries a fine of up to $250,000. However, in determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders. The United States is also seeking the forfeiture of all funds derived from or involved in this scheme.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Internal Revenue Service Criminal Investigation.
Assistant United States Attorneys Thomas J. Krepp and Mary F. Kruger are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
Chicago Brothers to Serve Significant Prison Terms for Trafficking Crack Cocaine in QuincyRead the Press Release
Springfield, Ill. – Chicago brothers who organized a large-scale cocaine trafficking operation in Quincy, Ill., were sentenced in federal court today. U.S. District Judge Sue E. Myerscough ordered Sylvester Purham, 24, and Howard Purham, 21, to serve 30-year and 20-year prison terms, respectively, for conspiring to distribute crack cocaine in the Quincy area for more than a year. In May 2012, both entered pleas of guilty to conspiracy to distribute at least 280 grams of crack cocaine from August 2010 to mid-November 2011. The brothers have remained in the custody of the U.S. Marshals Service since they were arrested in January 2012.
According to court documents and during today’s hearing, the government presented evidence and Judge Myerscough found that the Purham brothers organized and controlled a group that since August 2010 had brought crack cocaine from Chicago to Quincy, Ill., to sell. The court found that Sylvester was responsible for 1.9 kilograms of crack cocaine and that Howard was responsible for 840 grams of crack cocaine. One way of transporting the drugs was via Amtrak. The brothers were associated with the Black P-Stone Nation street gang. In addition, Judge Myerscough found that the brothers orchestrated threats of government witnesses and failed to accept responsibility for their crimes.
The charges were investigated by the Illinois State Police West Central Illinois Task Force, the Quincy Police Department, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Agencies providing assistance include the U.S. Marshals’ Violent Fugitive Task Force, the Adams County Sheriff’s Office and the Illinois Department of Corrections. The case was prosecuted by Assistant U.S. Attorney Jason M. Bohm in cooperation with Adams County State’s Attorney Jon Barnard.
Carbondale Man Sentenced for Illegally Possessing A FirearmRead the Press Release
On August 22, 2013, Andre V. Scott, 32, of Carbondale, IL, was sentenced in United States District Court in Benton on an indictment charging him with being a felon in possession of a firearm, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois.
Scott, who had previously pled guilty to the firearm charge, was sentenced to 48 months in prison, followed by 3 years of supervised release, and fined $200. Evidence at the plea and sentencing hearings established that, on November 29, 2012, Scott was involved in a dispute in Carbondale. During the dispute, Scott retrieved a Charter Arms, .38 special caliber revolver and threatened multiple persons with the gun. After a foot pursuit, Carbondale Police Officers apprehended Scott and recovered the loaded firearm. Scott is prohibited from possessing firearms based on a prior felony conviction for Unlawful Possession of a Controlled Substance. The district judge further ordered that the Charter Arms, .38 special caliber revolver be forfeited to the United States.
The investigation was conducted by the Carbondale Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The case was assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
California Man Charged with Cocaine OffenseRead the Press Release
Montiya Louis Thomas, 41, of Colton, California, was indicted by a federal grand jury sitting in East St. Louis on August 21, 2013, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
The Grand Jury charged Thomas with Unlawful Possession with the Intent to Distribute five kilograms or more of Cocaine. Thomas was originally charged by Criminal Complaint on July 23, 2013. He has been detained (held without bond) in federal custody since a detention hearing, which was held on July 25, 2013. The charge carries a possible penalty of ten (10) years to life imprisonment, a $10,000,000 fine, at least five (5) years of supervised release, and a $100 special assessment. Arraignment in this matter is currently scheduled for August 23, 2013, in United States District Court in East St. Louis, at which time a trial date will likely be set.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge and is entitled to a fair trial at which the Government must prove guilt beyond a reasonable doubt.
Evidence for this indictment was gathered during an investigation conducted by the Drug Enforcement Administration (DEA) and the Illinois State Police.
This case has been assigned to Assistant United States Attorney Randy G. Massey for prosecution.
Brownwood, Texas, Man Admits Producing and Receiving Child PornographyRead the Press Release
LUBBOCK, Texas — Jacob Aniceto Jose Villarreal, 29, of Brownwood, Texas, appeared today before U.S. District Judge Sam R. Cummings and pleaded guilty to one count of production of child pornography and one count of receipt of child pornography. Villarreal has been in custody since his arrest in June 2013 on a related federal criminal complaint. He faces a total maximum statutory penalty of not less than 15 years or more than 50 years in federal prison, a $500,000 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. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
On June 25, 2013, agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) executed a federal search warrant at Villarreal’s home and five computers, two telephones and three thumb drives were found.
According to documents filed in the case, Villarreal used his cell phone to create a video of a minor male engaged in sexually explicit conduct. In addition, Villarreal admitted that he collected and traded images and videos of child pornography. Some of the child pornography was collected using peer-to-peer file-sharing software, but most of the images and videos depicting minors engaged in sexually explicit conduct were received and sent by way of his cell phone.
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 was conducted by ICE HSI, the U.S. Marshals Service and the Brown County Sheriff’s Office. Assistant U.S. Attorney Steven M. Sucsy is in charge of the prosecution.
Brevard County Man Sentenced to Life in Federal Prison for Sexually Abusing A Minor on Patrick Air Force BaseRead the Press Release
Orlando, Florida - Senior District Judge John Antoon, II today sentenced Shawn Alan Marshall (50, Brevard County) to life in federal prison for sexually abusing a minor female victim by threatening her and placing her in fear. Marshall pleaded guilty on May 8, 2013.
According to his plea agreement, from March 16, 2011, through November 30, 2012, on Patrick Air Force Base, Marshall sexually abused and raped the victim on numerous occasions. During some of the abuse, Marshall physically restrained the victim by locking her in a bathroom with him, pinning her arms behind her back, and wrapping a cord around her throat. Marshall was physically and verbally abusive in the presence of the victim and used coercion to prevent the victim from disclosing the abuse. In February 2013, the victim disclosed the sexual abuse. Shortly thereafter, Marshall was arrested by the Federal Bureau of Investigation.
This case was investigated by the Federal Bureau of Investigation and the United States Air Force, Office of Special Investigations. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
Bremen Man Sentenced for Solicitation to Commit ArsonRead the Press Release
NEWNAN, Ga. - Hitendrafumar Patel has been sentenced to over two years in prison for hiring an undercover officer to burn his dry cleaning business.
“This defendant’s plot to burn down his own failing business could have had horrific consequences, possibly resulting in the destruction of property and loss of life to firefighters and innocent citizens,” said United States Attorney Sally Quillian Yates.
“ATF in partnership with our local law enforcement arrested a potentially violent individual who was posing a significant danger to public safety personnel and the community,” said ATF Assistant Special Agent in Charge Ray Brown. “Through this cooperative effort, we were able to stop any further potential harm to the citizens of Bremen, Georgia.”
According to United States Attorney Yates, the charges and other information presented in court: In April 2012, the Georgia Bureau of Investigation received a tip from a confidential informant that Hitendrafumar Patel had been making inquiries to find someone who would be willing to burn down his dry cleaning business, Economy Cleaners, located in Bremen, Ga. The confidential informant, acting at the direction of law enforcement officers, called Patel and gave him the telephone number of an undercover GBI agent, who would pose as an arsonist. Patel phoned the undercover agent and arranged a meeting at Economy Cleaners to discuss the intended arson. The meeting took place on June 12, 2012, and was audio-video recorded by the undercover agent. Patel told the agent that the business was not making money and that he wanted it burned so that he could pay off the mortgage and debts with the insurance proceeds. The agent and Patel agreed on a price for the arson job, and the agent gave Patel a list of materials that Patel needed to supply the agent to use for the fire. Patel also told the agent about another property he owned in Bowden, Ga., which Patel said he might hire the agent to burn after the Bremen arson was complete.
The agent returned to the dry cleaners on June 30, 2012. Patel had acquired the incendiary materials, and gave them to the undercover agent. He then showed the agent where he hid the key to the business, and instructed the agent on how to unlock the door. Patel paid the agent $250, promising to pay him an additional $750 after he had collected the insurance proceeds. Patel was arrested immediately after the agent left the meeting.
Patel, 44, of Bremen, Ga., was sentenced to two years, six months in prison to be followed by three years of supervised release by United States District Judge Timothy C. Batten, Sr. Patel was convicted of these charges on April 29, 2013, after he pleaded guilty.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistance was provided by the Georgia Bureau of Investigation and City of Bremen Fire/Rescue.
Assistant United States Attorney Teresa D. Hoyt prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
Box Elder Man Pleads Guilty to Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Joseph McGregor, age 31, of Box Elder, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 20, 2013, and pled guilty to the Indictment that charged him with Possession with Intent to Distribute a Controlled Substance.
The maximum penalty upon conviction is not more than 5 years of imprisonment, a $250,000 fine, or both; at least 2 years of supervised release and an additional 2 years of supervised release upon revocation; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident that took place on the Rosebud reservation on March 24, 2013, wherein Rosebud Sioux Tribe Law Enforcement (RSTLE) initiated a traffic stop on a vehicle operated by McGregor due to a headlight being out. While the officer ran a license status on McGregor, another RSTLE officer arrived on scene and eventually deployed his narcotics detection dog, who indicated on McGregor’s vehicle. Law enforcement searched McGregor’s vehicle and found three bags containing a green leafy substance, a scale, a smaller bag containing a green leafy substance, a grinder, two hand-rolled cigarettes with an odor of marihuana, a roach clip, two packs of rolling papers, and a cigarette rolled. The three bags of the green leafy substance were sent to the lab and confirmed to be marijuana, with a total weight of 1.3596 kilograms.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement, Northern Plains Safe Trails Drug Enforcement Task Force, and the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
McGregor was released on bond pending sentencing which has been set for November 6, 2013.August Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 28 indictments charging 29 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Antoinette Blackfish, age 22, of Winnebago, Nebraska, is charged with assaulting a Police Officer with the Bureau of Indian Affairs on or about July 24, 2013. The maximum possible penalty if convicted is imprisonment of 20 years, a $250,000 fine, 3 years supervised release, and a special assessment of $100.
* Latosha A. Bolton, also known as LaTosha A. Harlan, age 46, of Omaha, Nebraska , is charged in a two-count Indictment. Count I of the Indictment alleges from on or about November 1993 and continuing through April, 2013, the defendant caused to be sent and delivered by the United States Postal Service a United States Treasury check based on false representations. The maximum possible penalty if convicted is imprisonment of 20 years, a fine of $250,000, 3 years supervised release, and a $100 special assessment. Count II of the Indictment alleges that on or about August 2008 and continuing thru on or about April 2013 the defendant stole money of the Social Security Administration by obtaining SSI payments to which she was not entitled. The maximum possible penalty if convicted is imprisonment of 10 years, a fine of $250,000, 3 years supervised release, and a $100 special assessment.* Adolfo Chavez, age 52, of Omaha, is charged with illegal reentry into the United States on or about July 31, 2013, following deportation as a felon. The maximum possible penalty if convicted is imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Alex Isidro Cubas-Reyes, age 26, of Omaha, is charged with illegal reentry into the United States on or about April 23, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Albert Dansby, age 59, of Beaumont, Texas, is charged in a three-count Indictment. Count 1 of the Indictment charges the defendant with bank robbery of US Bank, 1700 Farnam Street, Omaha, Nebraska, on or about July 24, 2013. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with bank robbery of Bank of the West, 1921 Harney Street, Omaha, Nebraska, on or about August 9, 2013. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with escape from federal custody on or about July 18, 2013. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.* Vicente De Lao-Olvera, also known as Gordo, age 24, and Jose Pablo Bojorquez-Quevedo, also known as Nitro, age 57 are charged in a seven-count indictment. Count I alleges that beginning at an unknown time but at least as early as on or about August 1, 2013 and continuing to on or about August 2, 2013, the defendants conspired together and with others to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine. The maximum possible penalty is imprisonment of not less than 10 years and up to life, a $10 million fine, a 5 year term of supervised release, and a $100 special assessment. Count II alleges that on or about August 2, 2013, the defendants possessed with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty is imprisonment of not less than 10 years and up to life, a $10 million fine, a 5 year term of supervised release, and a $100 special assessment. Count III alleges that on or about March 20, 2013, Vicente De Lao-Olvera, also known as Gordo, did distribute 50 grams or more of actual methamphetamine. The maximum possible penalty is imprisonment of not less than 10 years and up to life, a $10 million fine, a 5 year term of supervised release and a $100 special assessment. Counts IV, V, VI and VII allege that on or about April 8, 2013, on or about May 17, 2013, on or about June 12, 2013, and on or about June 27, 2013, Vicente De Lao-Olvera, also known as Gordo, did knowingly distribute a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty is imprisonment of 20 years, a $1 million fine, a 3 year term of supervised release, and a $100 special assessment for each count. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violations alleged in the indictment, including but not limited to: $154,730.00 in United States currency, 4 vehicles, 5 firearms, and ammunition, should be forfeited to the United States.
* Daniel Fuentes-Garcia, age 28, of Imperial, Nebraska, is charged with illegal reentry into the United States on or about August 9, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Carlos Efrain Gallegos-Ruiz, age 31, of Lexington, Nebraska, is charged with illegal reentry into the United States on or about July 23, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Juan Huerta-Navarrete, age 42, is charged with illegal reentry into the United States on or about August 1, 2013, following deportation as an aggravated felon. The maximum possible penalty if convicted is imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Milton J. LaRose, also known as Milton J. Drappeau, age 25, of Winnebago, Nebraska, is charged with assaulting a Police Officer with the Bureau of Indian Affairs on or about July 11, 2013. If convicted, he faces a maximum imprisonment of 20 years, a $250,000 fine, followed by 3 years of supervised release, and a special assessment of $100.
* Carlos Enrique Lopez-Hernandez, age 32, is charged with illegal reentry into the United States on or about July 6, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Miguel Lucas-Bernabe, age 46, of Crete, Nebraska, is charged with illegal reentry into the United States on or about January 7, 2013, following deportation as a felon. The maximum possible penalty if convicted is imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Susana Mendez Jimenez, age 28, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with misuse of a Social Security Number on or about April 7, 2013. The maximum possible penalty if convicted is imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count II of the Indictment alleges on or about April 7, 2013, Mendez Jimenez made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States. The maximum possible penalty if convicted is imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count III charges that on or about April 7, 2013, Mendez Jimenez misused a Social Security Card and a State of Nebraska Identification Card knowing that said documents were not issued lawfully for his use. The maximum possible penalty if convicted is imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Luis Enrique Miramontes-Arteaga, age 19, is charged with distribution of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty is imprisonment of 20 years, a $1 million fine, a 3 year term of supervised release, and a $100 special assessment.
* Jorge Armando Moran-Aceituno, age 38, of Fremont, Nebraska, is charged with illegal reentry into the United States on or about August 6, 2013, following deportation as a felon. The maximum possible penalty if convicted is imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Fulgencio Morente-Tino, age 25, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about August 10, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Gerardo Ortiz-Reyes , age 31, of Omaha, is charged with illegal reentry into the United States on or about July 18, 2013, following deportation as an aggravated felon. The maximum possible penalty if convicted is imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Arnoldo Perez-Melchor, age 32, of Omaha, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with illegal reentry into the United States on or about August 9, 2013, following deportation as a felon. The maximum possible penalty if convicted is imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with failure to register as a Sex Offender in the State of Nebraska on or about August 9, 2013. The maximum possible penalty if convicted is imprisonment of 10 years, a $250,000 fine, 3 years supervised release, and a $100 special assessment.
* Ramon Perez-Rea, age 32, of Kearney, Nebraska, is charged with illegal reentry into the United States on or about May 19, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Davaughn Richard Lavell Perkins, age 23, of Omaha, Nebraska, is charged with possession with intent to distribute 28 grams or more of a mixture or substance containing cocaine base on or about July 23, 2013. The maximum possible penalty is imprisonment of not less than 5 years and up to 40 years, $5 million fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment, including but not limited to: $472.00 in United States currency, should be forfeited to the United States.
* Lino Margarito Quintana-Morales , also known as Lino B. Prieto, approximately 30 years old, is charged with illegal reentry into the United States on or about March 16, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Jose Sanchez Gamez , age 34, is charged with illegal reentry into the United States on or about July 27, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Abel Sinfuegos-Aguirre, also known as Abel Martinez Aguirre, also known as Abel Martinez Guerra , age 35, of Jacinto City, Texas, is charged with illegal reentry into the United States on or about July 1, 2013, following deportation as an aggravated felon. The maximum possible penalty if convicted is imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Azucena Reyes, age 35, of Sioux City, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with assault with a dangerous weapon on or about June 22, 2013. The maximum possible penalty if convicted is imprisonment of 10 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment. Count II charges Reyes with criminal mischief on or about June 22, 2013. The maximum possible penalty if convicted is imprisonment of 1 year, a fine of $100,000, 1 year supervised release, and a $25 special assessment.
* Joseph H. Ronquillo, also known as Kilo, also known as Kenino, age 21, is charged in a two-count Indictment. Count I alleges that on or about July 23, 2013, the defendant possessed with intent to distribute 5 grams or more of methamphetamine. The maximum possible penalty is imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about July 23, 2013, the defendant possessed a Taurus 1911 pistol in furtherance of the drug trafficking offense alleged in Count I. The maximum possible penalty is imprisonment of not less than 5 years and up to life to be served consecutive to any other sentence imposed, a $250,000 fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violations alleged in the indictment, including, but not limited to $3,536.25 in United States currency seized from the defendant on July 23, 2013, should be forfeited to the United States.* Jesus Ruiz-Izaguirre, age 38, of Lincoln, Nebraska, is charged with illegal reentry into the United States on or about August 5, 2013, following deportation as an aggravated felon. The maximum possible penalty if convicted is imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Marcos Francisco Vasquez-Gomez, age 35, of Fremont, Nebraska, is charged with illegal reentry into the United States on or about April 23, 2013, after deportation or removal. The maximum possible penalty if convicted is imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.* Patricia Walker-Halstead, age 67, of Omaha, is charged with 11 counts of wire fraud as a result of her alleged involvement in a scheme to defraud a client of her business, Walker Investigations. The indictment alleges Walker-Halstead convinced a client who feared she was being stalked to give her money in exchange for providing security services. It is alleged Walker-Halstead falsely represented she had conducted an investigation yielding evidence sufficient to take the stalker to court. The indictment also alleges that Walker-Halstead told the client that she was working with a Captain with the Nebraska State Patrol and, further, that the Captain was a potential romantic suitor for the client. At various times Walker-Halstead represented that the Captain, (reportedly named “Scott), needed money for various purposes and asked the client to send her money which she would, in turn, give to “Scott.” In fact, according to the indictment, “Scott” did not exist and Walker-Halstead did not provide the services she represented she had performed. According to the indictment Walker-Halstead obtained approximately $856,080.22 from the client through her alleged misrepresentations. It is alleged Walker-Halstead used the money to make personal purchases and to pay for her personal gambling expenditures. Each of the wire fraud counts is punishable by up to 20 years imprisonment, a $250,000 fine or both, along with a 5 year term of supervised release and a $100 special assessment. The indictment also seeks the forfeiture of a 2012 GMC Terrain and the contents of a bank account in the name of Walker Investigations.
Atmore Man Sentenced on Drug and Gun ChargesRead the Press Release
MOBILE, Ala. - Albert Emil Tillman, 34, was sentenced today in federal court for his participation in a scheme to manufacture methamphetamine and being a convicted felon in possession of a firearm. Tillman pled guilty to the charges in March of 2012.
Judge Callie V. S. Granade imposed a sentence of 80 months imprisonment on each of the charges, and ordered that the sentences run concurrently. She also imposed a four year term of supervised release which will begin when Tillman is released from imprisonment, and ordered that he pay the special mandatory assessment of $200. No fine was imposed. As a condition of his supervised release, the judge ordered that Tillman undergo testing and treatment for drug abuse.
The case was investigated by the Baldwin County Sheriff’s Office, the Escambia County Sheriff’s Office, the Bay Minette Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Arizona Man Pleads Guilty to Wire Fraud in Idaho Federal CourtRead the Press Release
Defendant Admits Stealing $449,643 from Click Sales, Inc.
BOISE – Christopher L. Myers, 37, of Cave Creek, Arizona, pleaded guilty in United States District Court in Boise to one count of wire fraud, U.S. Attorney Wendy J. Olson announced. Myers was indicted by a federal grand jury in Boise on May 17, 2013, on 26 counts of wire fraud.
According to the plea agreement, from April 2006 through November 2011, Myers was employed by Click Sales, Inc., doing business as ClickBank. For a portion of that time he served as the company’s comptroller. Click Sales, Inc., a subsidiary of Keynetics, Inc., operated a Boise-based internet business that facilitated payments between retailers and consumers. ClickBank received payments from consumers for the purchase price of goods and services, kept a portion of the purchase price as commission, and remitted the remainder to the retailers by checks, ACH transfers and wire transfers. Some of ClickBank’s retailer-clients failed to timely cash the checks. As comptroller, Myers was responsible for tracking these “issued but uncashed” checks.
According to the plea agreement, beginning in August 2008, on 26 separate occasions Myers wire transferred funds from ClickBank’s bank account to his personal bank accounts at a different bank. The funds that were wire transferred corresponded to the “issued but uncashed” checks to ClickBank retailer-clients. In total, Myers admitted he wire transferred approximately $449,643 from ClickBank’s bank account to his own bank accounts. According to the plea agreement, Myers did so with the specific intent to defraud and used the funds for personal purchases and expenditures, including mortgage payments and personal investment and retirement accounts.
Myers agreed to pay $606,989 in restitution to ClickBank, which includes $449,643 that Myers admitted he fraudulently wire transferred, and $157,346 for costs incurred by ClickBank in its internal investigation, interest and penalties.
The charge of wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000 or twice the gain or loss from the offense, and up to three years of supervised release.
Myers is scheduled to be sentenced on January 6, 2014, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the Boise Police Department and the Federal Bureau of Investigation.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
Anoka Felon Indicted for Possessing A Nine-millimeter PistolRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a 25-year-old Anoka man was indicted for possessing a nine-millimeter, semi-automatic pistol. Arlan Kaleb Schultz was charged with one count of being a felon in possession of a firearm.
The indictment alleges that on January 19, 2013, Schultz possessed the pistol. According to a law enforcement affidavit filed in the case, at approximately 9:00 p.m. on January 19, Coon Rapids police attempted to stop a vehicle for a traffic violation. The driver refused to yield and, instead, speeded away, ultimately colliding with another vehicle at the intersection of Seventh Avenue and Main Street in Anoka. The driver, later identified as Schultz, immediately exited the vehicle and fled on foot. Police shortly apprehended him. And during the subsequent execution of a search warrant on the vehicle, the officers found the loaded pistol under the front passenger seat. Schultz’s DNA was found on the grip of the pistol. Ammunition was located elsewhere in the vehicle.
Because he is a felon, Schultz is prohibited under federal law from possessing firearms at any time. His previous Anoka County convictions include simple robbery (2008), third-degree burglary (2009), fleeing a peace officer in a motor vehicle (2010), and fifth-degree controlled substance crime (2012). In addition, Schultz was also convicted in Sherburne County for prohibited possession of a stun gun (2011).
Since at least three of Schultz’s prior convictions constitute crimes of violence or major drug crimes, he is subject to the federal Armed Career Criminal Act if convicted in the current federal case. That act mandates a minimum of 15 years in federal prison. The potential maximum penalty is life in prison. Any sentence would be determined by a federal district judge.
This case is the result of an investigation by the Coon Rapids Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorneys Benjamin Bejar and Andrew R. Winter.An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.
Alabama Man Charged with Felon in Possession of A Firearm, Impersonating A Federal Officer, and Interstate StalkingRead the Press Release
United States Attorney Brendan V. Johnson announced that an Alabaster, Alabama, man has been indicted by a federal grand jury for Felon in Possession of a Firearm, Impersonating a Federal Officer, and Interstate Stalking.
Michael Thetford, age 36, was indicted by a federal grand jury on December 14, 2011. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 21, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to incidents that occurred in May 2010 when Thetford came from Alabama to South Dakota and harassed and surveilled a married couple from Hughes County. During this time of harassment, he wrongfully represented himself as a Federal Bureau of Investigation (FBI) agent, and provided the couple with a fake name and FBI credentials. He also possessed and wore a handgun during his exchanges with the victims. Prior to May 2010, Thetford had been convicted of other felony offenses and was prohibited from possessing a firearm.
The charges are merely an accusation and Thetford is presumed innocent until and unless proven guilty.
The investigation is being conducted by the FBI, South Dakota Division of Criminal Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Thetford was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.Akron Woman Convicted of Tax CrimesRead the Press Release
An Akron woman was convicted of tax crimes for failing to report more than $200,000 in income, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Kelly Prigmore, 43, was found guilty following a trial on two counts of making and subscribing false federal income tax returns for the years 2006 and 2007.
Sentencing is scheduled for Dec. 12.
Prigmore worked as a self-employed home health care provider for a client who paid her for live-in 24 hour services. Prigmore filed joint personal income tax returns on which she omitted approximately $209,601 of her home health care service income, according to court documents.
For 2006, she reported total income of $8,600 and omitted additional income of approximately $96,806. For 2007, she reported total income of $8,990 and omitted additional income of approximately $112,795, according to court documents.
This case is being prosecuted by Special Assistant United States Attorney Perry D. Mastrocola and Assistant United States Attorney John Siegel, following an investigation by the Internal Revenue Service, Criminal Investigation, Akron, Ohio.
21 August 2013
Wyoming Man Indicted for Failing to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lander, Wyoming, man has been indicted by a federal grand jury for allegedly failing to register as a convicted sex offender between August 1, 2012, and October 31, 2012, in South Dakota.
Edward Dailey, a/k/a Edward Olmstead, age 43, was indicted on February 20, 2013, for Failure to Register as a Sex Offender. Dailey appeared before U.S. Magistrate Judge Veronica L. Duffy on August 19, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Dailey is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service.
Dailey was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Wounded Knee Woman Pleads to Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that Anna Mae Rowland, age 25, of Wounded Knee, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on August 14, 2013, and pled guilty to Escape from Custody.
The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.
On August 23, 2012, Rowland failed to report to Community Alternatives of the Black Hills where she was to commence serving her sentence for a federal felony.
The investigation was conducted by the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.Woman Found Guilty of Use and Possession of Counterfeit Credit CardsRead the Press Release
St. Louis, MO – LISA D. PAIGE, Alexandria, Virginiawas found guilty today, following a two-day jury trial, of one felony count of Using a Counterfeit Device (Count I) and one felony count of Possession of 15 or More Counterfeit Access Devices (Count II), for her role in a credit card skimming operation in which she and two accomplices traveled from Baltimore, Maryland, to Missouri for the purpose of using counterfeit credit cards to buy cigarettes. The trial was held at the United States Courthouse in Cape Girardeau in front of District Judge Carol E. Jackson. The case began when a credit card number of a Michigan resident was used in Perryville, Missouri.
The sentencing date for Lisa D. Paige has not yet been determined.
his case was investigated by the Perryville, Missouri, Police Department and the United States Secret Service. Assistant United States Attorney H. Morley Swingle handled the prosecution for the Government.
Wilkinsburg Convenience Store Owners Conspired to Defraud Food Stamp ProgramRead the Press Release
PITTSBURGH, Pa. - The owners of a Wilkinsburg convenience store have pleaded guilty to charges of conspiracy to commit wire fraud and food stamp fraud, United States Attorney David J. Hickton announced today.
Nicole Gordon, 34, and Stanley Saxton, 44, siblings and co-owners and operators of Nicky's Corner, located on Montier Street in Wilkinsburg, Pa., each pled guilty to one count of conspiracy before Senior District Judge Maurice B. Cohill, Jr. Gordon and Saxton also executed civil settlement agreements for violations of the False Claims Act, and agreed to pay to the United States the sum of $119,871.
According to information presented to the court, Nicky's Corner participated in the United States Department of Agriculture's Supplemental Nutrition Assistance Program, commonly known as the food stamp program. Food stamp recipients could purchase eligible food items using food stamp benefit cards at the store. As a condition of participation in the food stamp program, the defendants certified that they would comply with all rules and regulations of the program and were aware that program rules strictly prohibited the exchange of food stamp benefits for cash and/or for ineligible items, such as cigarettes. Despite this knowledge, on multiple occasions, the defendants exchanged food stamp benefits with customers in exchange for cash on a discounted basis, usually giving the customers only 50 cents on the dollar for their food stamp benefits. Gordon and Saxton also permitted customers to use food stamp benefits to pay for ineligible items, such as cigarettes.Judge Cohill scheduled sentencing for Dec. 4, 2013 at 10 a.m. for Saxton and 11 a.m. for Gordon. The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal histories, if any, of the defendants.
Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the Criminal Division of the U.S. Attorney's Office and Assistant United States Attorney Colin Callahan is litigating the case on behalf of the Affirmative Civil Enforcement Section of the United States Attorney's Office.
The Office of the Inspector General for the United States Department of Agriculture and the Department of Homeland Security, Immigration and Customs Enforcement conducted the investigation leading to the guilty pleas in this case.
Warsaw Man Found Guilty of Federal Firearm ChargesRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Aug. 21, 2013, John Harry Woolsey, Jr., of Warsaw, N.D., was found guilty by a 12-person jury on one count of felon in possession of a firearm and one count of felon in possession of ammunition. The jury deliberated approximately 1 ¼ hours before returning guilty verdicts on both counts. U.S. District Judge Ralph R. Erickson presided over the two-day trial.
Woolsey, Jr., was found guilty of possessing a German-made 6-shot .22 short caliber revolver and Remington .22 short caliber ammunition. Federal firearm statutes prohibit possession of firearms and ammunition by a convicted felon. According to the Indictment filed, Woolsey, Jr. had been previously convicted in Arizona of three violent felonies for aggravated assault and resisting arrest in 2001 and 2006.
Woolsey, 38, formerly of Montana, moved to the Warsaw, N.D., area in July of 2011. In December of that year, Woolsey loaned the revolver to a friend. During the early morning hours of April 20, 2012, Woolsey, Jr., also gave the same friend a box of Remington .22 short caliber ammunition for the gun, which Woolsey, Jr. had possessed at his home in Warsaw, N.D. The revolver and ammunition were recovered by the Walsh County Sheriff’s Department later that morning at the scene of an attempted suicide near Ardoch, N. D.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Walsh County Sheriff’s Department; and the Grand Forks Narcotics Task Force (which includes officers from Grand Forks, Walsh, and Pembina County Sheriff’s Departments; Grand Forks, Grafton and University of North Dakota Police Departments, U.S. Border Patrol, and Homeland Security Investigations).
Sentencing for Woolsey, Jr. has been set for Nov. 7, 2013, in Fargo.
Assistant U.S. Attorney Scott J. Schneider is prosecuting the case.
Upshur County Woman Gulity of Drug TraffickingRead the Press Release
Department of Justice
Office of Public AffairsMARSHALL, Texas – A 23-year-old Gilmer, Texas woman has pleaded guilty to drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Lindsey Noel Rawls pleaded guilty to possession with intent to distribute heroin today before U.S. Magistrate Judge Roy S. Payne.
According to information presented in court, on Feb. 7, 2013, Rawls possessed approximately 37 grams of a mixture containing heroin and 15 capsules, also containing a heroin substance. Rawls admitted to traveling with co-defendant William Griffin to Dallas to acquire the heroin. A federal grand jury returned an indictment on Mar. 27, 2013, charging nine individuals with drug trafficking violations.
Rawls faces up to 20 years in federal prison at sentencing. A sentencing date has not been set.
This case was investigated by the Drug Enforcement Administration and the Gilmer Police Department and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.Upshur County Man Sentenced for Heroin TraffickingRead the Press Release
Department of Justice
Office of Public AffairsMARSHALL, Texas – A 55-year-old Gilmer, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Paul Allen Wigington pleaded guilty on July 12, 2013 to possession with intent to distribute and distribution of heroin and was sentenced to six months in federal prison on Aug. 20, 2013 by U.S. District Judge Rodney Gilstrap.
According to information presented in court, on Aug. 23, 2012, Wigington distributed approximately 2.2 grams of a mixture containing heroin to another person in exchange for $500. Wigington admitted to purchasing the heroin from co-defendant, Cynthia Blaylock, at her Upshur County home. A federal grand jury returned an indictment on Mar. 27, 2013, charging Wigington and eight others with drug trafficking violations.
This case was investigated by the Drug Enforcement Administration and the Gilmer Police Department and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
United States and the Commonwealth of Kentucky Reach Agreement with AK Steel Corporation to Resolve Clean Air Act ViolationsRead the Press Release
The United States and the Commonwealth of Kentucky have reached a settlement with the AK Steel Corporation (AK Steel) in Ashland, Ky., resolving alleged violations of the Clean Air Act, AK Steel’s title V permit, and the Kentucky State Implementation Plan, announced the Department of Justice and the U.S. Environmental Protection Agency (EPA).
Under the terms of settlement, AK Steel will pay a civil penalty of $1.65 million, of which $25,000 will be paid to the Commonwealth of Kentucky, for the alleged violations that occurred at AK Steel’s former coke production facility in Ashland. AK Steel shut down the coke plant on June 21, 2011. Coke is used as a carbon source and as a fuel to heat and melt iron ore at steel making facilities.
Although AK Steel closed the plant involved in this enforcement action, AK Steel is currently operating the Ashland West Works facility a few miles away from the former coke plant. Under the agreement, AK Steel has agreed to spend at least $2 million on state projects to reduce particulate matter emissions at the Ashland West Works facility.
“This settlement holds AK Steel accountable for years of violations at its now closed coke plant in Ashland,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “As a result of this agreement, state projects to reduce particulate matter emissions at the Ashland West Works facility will continue to improve air quality for area residents for many years to come.”
“This settlement promotes a healthier environment for our citizens and represents a just resolution of this matter,” said U.S. Attorney for the Eastern District of Kentucky Kerry B. Harvey. “We are committed to the effective enforcement of the environmental laws designed to protect the health of our people”
“We are proud to join with our partners in the Commonwealth of Kentucky in this step toward cleaner air and better health for the citizens of Ashland,” said Stan Meiburg, EPA Acting Regional Administrator in Atlanta.
The consent decree was lodged in the U.S. District Court for the Eastern District of Kentucky. Notice of the lodging of the consent decree will appear in the Federal Register allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment. The consent decree will available for viewing at www.justice.gov/enrd/Consent_Decrees.html
U.S. Attorney’s Office Reaches Settlement with Palace Sports and Entertainment to Improve Access for People with Disabilities at the Palace of Auburn HillsRead the Press Release
The U.S. Attorney’s Office for the Eastern District of Michigan has reached an agreement with Palace Sports and Entertainment, LLC, under the Americans with Disabilities Act (ADA) for extensive changes to improve physical accessibility and opportunities for people with disabilities at The Palace of Auburn Hills, a large entertainment complex, and home of the NBA team the Detroit Pistons, located in Auburn Hills, Michigan. The settlement agreement resolves an investigation following complaints filed by two separate patrons with disabilities who were unable to attend events at The Palace, as well as a complaint from the Michigan Paralyzed Veterans of America.
“We applaud the new owners of the Palace of Auburn Hills for agreeing to make meaningful changes that will ensure full and equal access to its facilities for people with disabilities” said U.S. Attorney Barbara L. McQuade.
“Providing an accessible environment for our patrons is the core of our business. We thank the U.S. Attorney’s Office for working closely with us to elevate the level of service and accessibility at the Palace of Auburn Hills,” said Palace Sports & Entertainment’s Richard Haddad. “This effort is a cornerstone of our capital improvement plan and we’re proud to expand our commitment to enhance the experience of everyone who comes to the Palace.”
Under the settlement agreement, Palace Sports will provide at least 99 wheelchair accessible seats, and an equal number of companion seats, dispersed vertically and horizontally throughout The Palace, and will provide people in wheelchairs with lines of sight over standing spectators that are comparable to those offered to individuals without disabilities. In addition, beginning with all tickets on sale after October 1, 2013, tickets for accessible and companion seats will be available for purchase in the same manner as general seats, including online through Ticketmaster. Palace Sports has also agreed to improve accessibility in restrooms, restaurants, concession stands, parking areas, suites, and dressing rooms; improve signage throughout The Palace, and to annually train its employees on the ADA.
Today’s agreement was reached under Title III of the ADA, which prohibits discrimination against individuals with disabilities by public accommodations. The U.S. Attorney’s Office will actively monitor compliance with the agreement, which will remain in effect for three years.
For more information on the ADA and today’s agreement with Palace Sports and Entertainment, visit www.ada.gov or call the United States Justice Department’s toll-free ADA Information line at (800) 514-0301 or (800) 514-0383 (TTY) or the U.S. Attorney’s Civil Rights hotline at (313) 226-9151.
Two-Count Indictment Charges Texas Man with Attempting to Open Aircraft Door While in FlightRead the Press Release
Memphis, TN – Randolph B. Robinson, 63, of Austin, TX, was indicted today on two counts related to his actions on board an AirTran flight between Baltimore, MD and Austin, announced U.S. Attorney Edward L. Stanton III.
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Robinson is charged with knowingly and willfully attempting to damage, destroy, disable and wreck an aircraft, specifically, AirTran Airways Flight 265, by attempting to open exits while the aircraft was in flight.
Robinson is also charged with knowingly interfering with the duties of the flight crew by attempting to open the rear exit doors of the aircraft while in flight. The indictment alleges that his actions caused the flight attendants to be forced to physically remove him from the doors and that the flight crew was forced to divert the aircraft to Memphis.
If convicted, Robinson faces up to 20 years in prison, a fine of up to $250,000 and supervised release of up to five years for each count. This case was investigated by the Joint Terrorism Task Force, which is led by the Federal Bureau of Investigation and comprised of federal, state and local law enforcement agencies. Assistant U.S. Attorney Frederick Godwin is representing the government.
The charges and allegations contained in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Two Plead Guilty to Involvement in Aryan Brotherhood of Texas Racketeering MurderRead the Press Release
An Aryan Brotherhood of Texas (ABT) gang member and an ABT associate have pleaded guilty to charges related to the May 2008 murder of Mark Davis Byrd Sr. in Atascosa County, Texas.
The guilty pleas were announced today by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Shane Gail McNiel, aka “Dirty,” 34, of San Antonio, pleaded guilty today before U.S. District Judge Sim Lake in the Southern District of Texas to the charge of accessory after the fact in the murder of Byrd. Destiny Nicole Feathers, 24, of Jourdanton, Texas, pleaded guilty to the same offense on Aug. 14, 2013.
According to information presented in court, McNiel was an ABT member and Feathers was associated with the gang, a powerful race-based, statewide organization that operates inside and outside of state and federal prisons throughout Texas and elsewhere in the United States. According to court documents, Byrd, an ABT prospect, was murdered by Jim Flint McIntyre, aka “Q-Ball,” Michael Dewayne Smith, aka “Bucky,” and another ABT gang member for allegedly stealing drugs he was ordered to deliver to a customer on behalf of the ABT. According to court documents, Byrd was murdered as a result of a “discipline” ordered by Frank Lavell Urbish, aka “Thumper,” and his superiors. Byrd’s body was discovered in Atascosa County on May 4, 2008. McIntyre, Smith and Urbish each pleaded guilty in 2011 to the racketeering murder of Byrd.
According to their plea agreements, McNiel and Feathers helped hide a shotgun that they knew had been used to murder Byrd. Following the murder, Urbish and Feathers drove to McNiel’s house with the shotgun wrapped in a sheet and gave it to McNiel who then hid the shotgun in a metal shed behind his house. According to court documents, Feathers further assisted McIntyre by disposing of Byrd’s bloody clothing.
According to court documents, the ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. While the ABT was at its inception primarily concerned with the protection of white inmates and white supremacy/separatism, over time the ABT has expanded its criminal enterprise to include illegal activities for profit.
Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”
According to court documents, in order to be considered for ABT membership, a person must be sponsored by another gang member. Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect, while his conduct is observed by members of the ABT.
At sentencing, scheduled for Jan. 30, 2014, McNiel and Feathers each face a maximum penalty of 15 years in prison.
This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County, Texas, Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; Harris County, Texas, Sheriff’s Office; Tarrant County, Texas, Sheriff’s Office; Atascosa County, Texas, Sheriff’s Office; Orange County, Texas, Sheriff’s Office; Waller County, Texas, Sheriff’s Office; Alvin, Texas, Police Department; Carrollton, Texas, Police Department; Mesquite Texas, Police Department; Montgomery County District Attorney’s Office; and the Atascosa County District Attorney’s Office.The case is being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office of the Southern District of Texas.
Two Plead Guilty to Involvement in Aryan Brotherhood of Texas Racketeering MurderRead the Press Release
HOUSTON - An Aryan Brotherhood of Texas (ABT) gang member and an ABT associate have pleaded guilty to charges related to a May 2008 murder of an ABT prospect member in Atascosa County.
The guilty pleas were announced today by United States Attorney Kenneth Magidson and Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
Shane Gail McNiel, aka “Dirty,” 34, of San Antonio, pleaded guilty today before U.S. District Judge Sim Lake in the Southern District of Texas to the charge of accessory after the fact in the murder. Destiny Nicole Feathers, 24, of Jourdanton, pleaded guilty to the same offense on Aug. 14, 2013.
According to information presented in court, McNiel was an ABT member and Feathers was associated with the gang, a powerful race-based, statewide organization that operates inside and outside of state and federal prisons throughout Texas and the United States. According to court documents, an ABT prospect member was murdered by Jim Flint McIntyre, aka “Q-Ball,” Michael Dewayne Smith, aka “Bucky,” and another ABT gang member for allegedly stealing drugs he was ordered to deliver to a customer on behalf of the ABT. According to court documents, the prospect was murdered as a result of a “discipline” ordered by Frank Lavell Urbish, aka “Thumper,” and his superiors. The body was discovered in Atascosa County on May 4, 2008. McIntyre, Smith and Urbish each pleaded guilty in 2011 to the racketeering murder.
According to their plea agreements, McNiel and Feathers helped hide a shotgun that they knew had been used to murder the victim. Following the murder, Urbish and Feathers drove to McNiel’s house with the shotgun wrapped in a sheet and gave it to McNiel who then hid the shotgun in a metal shed behind his house. According to court documents, Feathers further assisted McIntyre by disposing of the victim’s bloody clothing.
According to court documents, the ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. Previously, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism. Over time, the ABT has expanded its criminal enterprise to include illegal activities for profit.
Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”
According to court documents, in order to be considered for ABT membership, a person must be sponsored by another gang member. Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect, while his conduct is observed by the members of the ABT.
At sentencing, scheduled for Jan. 30, 2014, McNiel and Feathers each face a maximum penalty of 15 years in prison.
McNiel and Feathers are two of 36 defendants charged with conducting racketeering activity through the ABT criminal enterprise, among other charges. They represent the 10th and 11th defendant charged in the indictment to plead guilty.
This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; sheriff’s offices in Harris, Tarrant, Atascosa, Orange and Waller Counties; police departments in Alvin, Carrollton and Mesquite Texas; as well as the Montgomery and Atascosa County District Attorney’s Offices.The case is being prosecuted by the U.S. Attorney’s Office of the Southern District of Texas and the Criminal Division’s Organized Crime and Gang Section.
Two Men Plead Guilty to Prison Escape ChargesRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that Roland Castro, 41, an inmate at the U.S. Penitentiary in Pollock, La., pleaded guilty to escaping a federal prison; and Timothy D. Willis, 49, of Philadelphia, Miss., pleaded guilty to assisting in Castro’s escape. United States District Court Judge Dee D. Drell presided over the guilty plea hearing on Tuesday.
According to evidence presented at the guilty plea, Castro was serving 240 months at the federal penitentiary in Pollock for a felon in possession of a firearm conviction. Castro met Willis previously, and the two arranged to meet at an agreed-upon location on February 7, 2013. Willis drove to the location on that date and picked up Castro. Castro did not have permission to leave the prison. After an emergency count of the prisoners was conducted, Castro was discovered missing. Willis dropped Castro off near the prison, but Castro left instead of returning to custody. Castro was apprehended on July 5, 2013, in Houston.
Castro and Willis each face up to five years in prison, a fine of $250,000, and three years of supervised release. A sentencing date of November 14, 2013 was set.
The U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Brandon B. Brown is prosecuting the case.Two Local Business Men Indicted on Federal Fraud ChargesRead the Press Release
St. Louis, MO –ROBERT PALMER and MARK DRIVER were the owners and operators of Princeton Partnership, LLC which operated out of an office in the Hill area of St. Louis, Missouri. They are charged with allegedly defrauding numerous elderly Princeton customers, in an approximate amount of $3,000,000, beginning July 2004 and continuing through February 2010.
According to the indictment, Princeton was an insurance brokerage business purportedly involved in the sale of life insurance products. Princeton was initially located at 12231 Manchester Road, St. Louis, and then operated at 1928 Marconi Street (also known as 5149 Daggett Avenue), St. Louis. Palmer and Driver both ran the day-to-day operations of Princeton, solicited customers, marketed the company's services and had financial oversight of the company with authorization over the company's two operating bank accounts. Palmer and Driver solicited Princeton customers with the false promises that they would invest the customers' funds in suitable investments, including but not limited to real estate, stocks and life insurance annuities.
During 2004 Palmer solicited several members of a family who had received funds upon the death of their aunt with the false representation that Princeton would place those funds in a real estate investment for the benefit of those customers. Based upon his false representations, the family members transferred some or all of those funds to Princeton.
In 2005 Palmer solicited funds from an elderly individual and her family with the false representation that they would place those funds in a real estate investment for her benefit. Based on those representations, the family transferred her funds to Princeton.
During 2006 through 2010 Palmer solicited investment funds from two elderly sisters with the false representations that Princeton would make suitable investments with those funds. The sisters transferred their funds and control of their stock holdings to Princeton and, later Palmer and Driver sold and liquidated the stocks and persuaded one of the sisters to liquidate a life insurance policy as well, and transferred the funds to Princeton.
During 2007 through 2009 Driver solicited investment funds from an elderly woman who transferred her funds, as well as control of her stock holdings to Princeton.
In 2006, an elderly woman was solicited by Driver to invest her personally-held funds in a series of life insurance annuities through Princeton. Princeton used her funds to purchase four (4) life insurance annuities. As a further part of the scheme, during in or about 2008 and 2009, at Driver’s direction she liquidated three (3) of her life insurance annuities and provided those funds to Princeton based upon the false representations of the funds would be placed in suitable investments for her benefit.
All of the funds transferred to Palmer, Driver and Princeton by the victims were used by Palmer and Driver for their own personal expenses and the general operating expenses of Princeton. Palmer and Driver also engaged in Ponzi-type transactions where they used some funds provided by new customers to pay old customers who falsely believed they were receiving the returns on their purported investments.
Finally, the indictment alleges that in all cases Palmer and Driver obtained approximately $3,000,000 from Princeton customers based upon their false representations which they used for their own personal expenses and for the expenses of their company Princeton.
Palmer, Kansas City, MO, and Driver, St. Louis, MO, were each indicted by a federal grand jury on two felony counts of mail fraud and two felony counts of wire fraud.
If convicted, each count of mail and wire fraud carries a maximum penalty of 20 years in prison and/or fines up to $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Postal Inspection Service. Assistant United States Attorney Hal Goldsmith is handling the case for the U.S. Attorney's Office.Three Sentenced to Defrauding the Veterans AdministrationRead the Press Release
RONALD BELL, age 41, of Gretna; REGINA DAVIS, age 63, of New Orleans; and YODONNALISA EVANS, age 45, of New Orleans were sentenced today in federal court by U. S. District Judge Martin Feldman for conspiracy to commit health care fraud, announced U.S. Attorney Dana Boente. BELL was sentenced to 24 months in prison, 3 years of supervised release, and $563,986.47 in restitution. DAVIS was sentenced to 15.5 months in prison, 3 years of supervised release, and $203,007.91 in restitution. EVANS was sentenced to 17 months in prison, 3 years of supervised release, and $360,978.56 in restitution.
According to court documents, the defendants were employed by the Veterans Health Administration at the New Orleans VA Medical Center. BELL was employed as a Program Manager. His duties included supervision of employees responsible for the authorization and coordination of payment of care provided to veterans in the community at VA expense as well as the coordination of consultations ordered by VA providers. DAVIS was employed as a Program Support Assistant. Her duties included entering authorizations in conjunction with case management referrals for inpatient and outpatient fee basis programs, and entering vendors’ activity for various health care programs. EVANS was employed as a Clerk/Secretary to the Supervisor of Medical Administration Service, a Fee Clerk, and a Payroll Clerk. As a Clerk/Secretary, she was responsible for preparing correspondence, tracking action items, time keeping and various other administrative duties. As a Fee Clerk, she was responsible for verifying days of care on invoice, ensuring funds were obligated to pay invoices, and various other duties. As a Payroll Clerk, she was responsible to verify payroll output and release payroll, handle garnishments, research pay information, and handle W-2 corrections and wage verifications.
Between January 2001 and December 2008, the defendants devised a scheme to defraud the VA by creating false companies and billing patient files for fraudulent services. Defendants DAVIS and BELL created false companies called Davis Health Care Consulting, LLC and Caring Hearts Healthcare. BELL then obtained the identities of veterans registered with the Veterans Administration and submitted fraudulent bills from Davis Health Care Consulting, LLC and Caring Hearts Healthcare for health care services falsely claimed to have been provided to the veterans whose identities he had obtained. BELL then arranged for the payments associated with the fraudulently submitted bills to be sent to the custody of defendant DAVIS. Once DAVIS received the payments, she split the money with BELL. In total, DAVIS and BELL fraudulently obtained approximately $203,007.91 from the Veterans Administration.
Defendants EVANS and BELL created a false company called C&E Rehabilitation Clinic. BELL then obtained the identities of veterans registered with the Veterans Administration and submitted fraudulent bills from C&E Rehabilitation Clinic for health care services falsely claimed to have been provided to the veterans whose identities he had obtained. BELL then arranged for the payments associated with the fraudulently submitted bills to be sent to the custody of defendant EVANS. Once EVANS received the payments, she split the money with BELL. In total, EVANS and BELL fraudulently obtained approximately $360,978.56 from the Veterans Administration.
The case was investigated by Veterans Affairs, Office of Inspector General, the United States Postal Inspection Service, the Orleans Parish District Attorney’s Office, and prosecuted by Assistant U.S. Attorney G. Dall Kammer.
Three Defendants Plead Guilty in Manhattan Federal Court to Participating in Organized Crime Scheme to Control the Commercial Waste Disposal IndustryRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that DOMINCK PIETRANICO and JOSEPH SARCINELLA pled guilty to loansharking in connection with their roles in a scheme to exert control over the commercial waste-hauling industry in the greater New York City metropolitan area and in parts of New Jersey. Additionally, WILLIAM CALI pled guilty to participating in a conspiracy to commit extortion as part of the same scheme. PIETRANICO, SARCINELLA, and CALI, who were among 32 defendants charged in the case in January 2013, pled guilty today in Manhattan federal court before U.S. District Judge P. Kevin Castel. PIETRANICO, SARCINELLA, and CALI are the third, fourth, and fifth defendants to plead guilty in this case.
Manhattan U.S. Attorney Preet Bharara said: “Three more defendants now stand convicted of federal crimes for their willingness to aid the mob in maintaining control over the waste disposal industry, but they will not be the last. We will continue to be vigilant in our efforts to sweep the remnants of organized crime from our streets, and today’s guilty pleas underscore that commitment.”
According to the Indictment against PIETRANICO, SARCINELLA, and CALI, other documents filed in Manhattan federal court, and statements made at related court proceedings:
PIETRANICO, SARCINELLA, and CALI were participants in a scheme, along with other members and associates of three different Organized Crime Families of La Cosa Nostra (“LCN”) – the Genovese, Gambino, and Luchese Crime Families – to control various waste disposal businesses in the New York City metropolitan area and multiple counties in New Jersey. Members of the scheme engaged in various crimes including extortion, loansharking, mail and wire fraud, and stolen property offenses.
PIETRANICO and SARCINELLA, who are made members of the Genovese Crime Family, provided protection and “backing” to a witness cooperating with the Government (the “CW”) who operated a waste disposal company, and made an extortionate loan at a rate of interest exceeding one hundred percent annually. CALI, a Genovese Crime Family associate, provided protection and “backing” to the CW in exchange for regular payments made under the threat of harm.
PIETRANICO, 82, of Mahopac, New York, and SARCINELLA, 79, of Scarsdale, New York, each pled guilty to one count of making an extortionate extension of credit. CALI, 60, of Queens, New York, pled guilty to one count of participating in a conspiracy to commit extortion. PIETRANICO, SARCINELLA, and CALI each face a maximum sentence of 20 years in prison. PIETRANICO, SARCINELLA and CALI are scheduled to be sentenced by Judge Castel on January 9, 2014 at 11:00 a.m.
Two other defendants, Kenneth Lopez and Joseph Antico, have already pled guilty in connection with this case are. Lopez pled guilty on May 1, 2013, before U.S. District Judge Laura Taylor Swain to being a felon in possession of a firearm. He faces a maximum sentence of 10 years in prison and is scheduled to be sentenced on September 19, 2013, at 2:00 p.m. Antico pled guilty on June 24, 2013, before U.S. Magistrate Judge Andrew J. Peck to participating in a conspiracy to traffic contraband cigarettes. He faces a maximum sentence of five years in prison. Antico’s sentencing date has not yet been scheduled.
The charges against the remaining 27 defendants are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Mr. Bharara praised the investigative work of the Federal Bureau of Investigation and the Westchester County Police Department.
The prosecution of this case is being handled by the Office’s Organized Crime Unit.
Assistant United States Attorneys Brian R. Blais, Rebecca G. Mermelstein, and Natalie Lamarque are in charge of the prosecution. Assistant United States Attorney Micah Smith of the Office’s Asset Forfeiture Unit is responsible for the forfeiture aspects of the case.
U.S. v. Carmine Franco et al. Indictment
Therapy Staffing Company Owner and Patient Recruiter<br /> Plead Guilty in $7 Million Health Care Fraud SchemeRead the Press Release
A patient recruiter and a therapy staffing company owner pleaded guilty today in connection with a $7 million health care fraud scheme involving the now defunct home health care company Anna Nursing Services Corp.
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.
Ivan Alejo, 48, and Hugo Morales, 36, pleaded guilty before U.S. District Judge Jose E. Martinez in the Southern District of Florida to one count of conspiracy to commit health care fraud. At sentencing, scheduled for Nov. 5, 2013, Alejo and Morales each face a maximum penalty of 10 years in prison.
Alejo worked as a patient recruiter at Anna Nursing, a home health care agency in Miami Springs, Fla., that purported to provide home health and therapy services to Medicare beneficiaries but in reality billed Medicare for expensive physical therapy and home health care services that were not medically necessary and/or were not provided. Morales owned Professionals Therapy Staffing Services Inc., which provided therapists to Anna Nursing.
Alejo and his co-conspirators negotiated and paid kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Anna Nursing for home health and therapy services that were medically unnecessary and/or not provided. He and others also paid kickbacks and bribes to co-conspirators in doctors’ offices and clinics in exchange for home health and therapy prescriptions, medical certifications, and other documentation. Alejo and his co-conspirators would use the prescriptions, medical certifications and other documentation to fraudulently bill the Medicare program for home health care services.
Morales and others created fictitious progress notes and other patient files indicating that therapists from Professionals Therapy had provided physical or occupational therapy services to particular Medicare beneficiaries, when in many instances those services had not been provided and/or were not medically necessary. Morales knew the falsified documents were used to support false claims for home health care services billed to Medicare by his co-conspirators at Anna Nursing.
From approximately October 2010 through approximately April 2013, Anna Nursing was paid by Medicare approximately $7 million for fraudulent claims for home health care services that were not medically necessary and/or not provided.This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by 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 A. Brendan Stewart of the Criminal Division’s Fraud Section.
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.
Therapy Staffing Company Owner and Patient Recruiter Plead Guilty in $7 Million Health Care Fraud SchemeRead the Press Release
A patient recruiter and a therapy staffing company owner pleaded guilty today in connection with a $7 million health care fraud scheme involving the now defunct home health care company Anna Nursing Services Corp.
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.
Ivan Alejo, 48, and Hugo Morales, 36, pleaded guilty before U.S. District Judge Jose E. Martinez in the Southern District of Florida to one count of conspiracy to commit health care fraud. At sentencing, scheduled for Nov. 5, 2013, Alejo and Morales each face a maximum penalty of 10 years in prison.
Alejo worked as a patient recruiter at Anna Nursing, a home health care agency in Miami Springs, Fla., that purported to provide home health and therapy services to Medicare beneficiaries but in reality billed Medicare for expensive physical therapy and home health care services that were not medically necessary and/or were not provided. Morales owned Professionals Therapy Staffing Services Inc., which provided therapists to Anna Nursing.
Alejo and his co-conspirators negotiated and paid kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Anna Nursing for home health and therapy services that were medically unnecessary and/or not provided. He and others also paid kickbacks and bribes to co-conspirators in doctors’ offices and clinics in exchange for home health and therapy prescriptions, medical certifications, and other documentation. Alejo and his co-conspirators would use the prescriptions, medical certifications and other documentation to fraudulently bill the Medicare program for home health care services.
Morales and others created fictitious progress notes and other patient files indicating that therapists from Professionals Therapy had provided physical or occupational therapy services to particular Medicare beneficiaries, when in many instances those services had not been provided and/or were not medically necessary. Morales knew the falsified documents were used to support false claims for home health care services billed to Medicare by his co-conspirators at Anna Nursing.
From approximately October 2010 through approximately April 2013, Anna Nursing was paid by Medicare approximately $7 million for fraudulent claims for home health care services that were not medically necessary and/or not provided.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by 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 A. Brendan Stewart of the Criminal Division’s Fraud Section.
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.
Terrytown Man, Warren Stewart, Pleads Guilty to Unauthorized Recording of A Motion Picture and Criminal Infringement of A CopyrightRead the Press Release
WARREN STEWART, age 37, a resident of Terrytown, Louisiana, pleaded guilty as charged today before U.S. District Judge Stanwood R. Duval, Jr. to the unauthorized recording of a motion picture and criminal infringement of a copyright, announced U.S. Attorney Dana J. Boente.
According to court documents, an investigation determined that on January 27, 2013, STEWART used a digital camcorder to record the motion picture Broken City in Theater 11 of the AMC Westbank Palace 16 movie theater, located in Harvey, Louisiana, without the authorization of the Motion Picture Association of America (MPAA). STEWART then uploaded the copy of Broken City via the Internet to servers organized and managed by individuals who collectively sought to obtain copies of the video and audio components of motion pictures currently showing in theaters that had not yet been commercially released on DVD/Blu-ray or in any other form for sale to the general public. Subsequently, the investigation determined that STEWART had recorded 8 other motion pictures at the AMC Westbank Palace 16 between November 21, 2012, and January 29, 2013, without authorization. STEWART then duplicated and sold copies of these movies.
Additionally, court documents revealed that STEWART copied and sold copyrighted musical works and motion pictures without the authorization of the copyright holders, the Recording Industry of America (RIAA) and the MPAA, respectively. After extensive surveillance, on March 6, 2012, agents executed a search warrant at STEWART’S residence, during which time they seized approximately 9,063 pirated DVDs containing copyrighted motion pictures and 3,241 pirated CDs containing copyrighted musicwhich STEWART held out for sale.
STEWART faces a maximum term of imprisonment of 8 years, followed by up to 3 years of supervised release, and a $250,000 fine. Sentencing has been scheduled for December 11, 2013, at 9:00 a.m.
The case was investigated by Immigration and Customs Enforcement, Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Jordan Ginsberg.
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Tax Return Preparer Sentenced to Federal Prison for More Than $1 Million in Tax FraudRead the Press Release
Orlando, Florida - Acting United States Attorney A. Lee Bentley, III announces that Senior U.S. District Judge G. Kendall Sharp sentenced Obnes Latigue (51, Orlando) yesterday to 13 months in federal prison for aiding in the preparation of false tax returns. As part of his sentence, Latigue was also ordered to pay $1,129,418 to the Internal Revenue Service in restitution and to serve one year of supervised release. Latigue pleaded guilty on May 23, 2013.
According to his plea agreement, Latigue was the owner of a tax return business called Tax Winners Enterprises, Inc. For tax years 2006, 2007, and 2008, Latigue prepared returns for individuals in which he falsified the amounts of deductions and tax credits owed to taxpayers, which resulted in those taxpayers receiving undeserved tax refunds. In particular, Latigue fraudulently claimed education credits for clients who never attended college. He also inflated itemized deductions. In response to the false returns that Latigue prepared, the Internal Revenue Service issued more than $1.1 million in undeserved refunds, which is the amount that Latigue was ordered to pay in restitution.
This case was investigated by the Internal Revenue Service Criminal Investigation Division. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
St. Paul Felon Pleads Guilty to Possessing A .22-caliber HandgunRead the Press Release
MINNEAPOLIS—Yesterday in federal court, a 23-year-old St. Paul felon pleaded guilty to possessing a .22-caliber handgun. On August 20, 2013, Phuvanath Ronald Mounthachack pleaded guilty to one count of being a felon in possession of a firearm. Mounthachack, who was indicted on June 3, 2013, entered his plea before United States District Judge Patrick J. Schiltz.
In his plea agreement, Mounthachack admitted that on January 15, 2013, he made arrangements to sell a firearm to two individuals, one of whom was an undercover police officer. Mounthachack admitted instructing the individuals to meet him near the intersection of Interstate 94 and Lexington Avenue in St. Paul. At approximately 8:10 p.m., Mounthachack arrived at that location, carrying a .22-caliber, semi-automatic handgun along with some ammunition. In return for $500 in cash, he handed over the gun and ammunition to the two individuals.
Because he is a felon, Mounthachack is prohibited under federal law from possessing a firearm or ammunition at any time. His prior Wright County convictions include aggravated robbery (2007) and fifth-degree sale of a controlled substance while employing a dangerous weapon (2009).For his crime, Mounthachack faces a potential maximum penalty of ten years in prison. Judge Schiltz will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by the Minneapolis Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorney Amber M. Brennan.
The case was charged federally through Project Exile Minneapolis. That law enforcement initiative was launched on July 22, 2010, as part of a city-wide effort to reduce gun violence. Through Project Exile, the Minneapolis Police Department and the ATF work together to apprehend serial criminals for violations of gun laws. Then, the Hennepin County Attorney’s Office teams up with the U.S. Attorney’s Office to determine where those offenders will most effectively be prosecuted – state or federal court. Those determinations are based on the offenders’ criminal histories and current charges, among other factors. To date, the U.S. Attorney’s Office has brought charges against approximately two dozen serious habitual criminals through Project Exile Minneapolis.Sneads Man Sentenced to 45 Years for Manufacturing Child PornographyRead the Press Release
PANAMA CITY, FLORIDA– Donyel James Fitts, 28, of Sneads, Florida, was sentenced today in federal court to serve 45 years in prison for producing child pornography.
Fitts was sentenced for conduct in June and October 2012. On June 21, 2012, Fitts persuaded and coerced a 4-year-old child to engage in sexually explicit conduct, so that he could photograph the minor. On two occasions in October 2012, he videotaped the 4-year-old child engaged in sexually explicit conduct.
Fitts faced a mandatory minimum sentence of 15 years in prison on each of three counts, and U.S. District Judge Richard Smoak ran the sentences consecutively to one another for a total of 45 years imprisonment, and a life term of supervised release.
U.S. Attorney Pamela Marsh said, “Our prosecutors and law enforcement professionals will continue to actively investigate and charge offenders who target our children by photographing and videotaping such despicable acts.”
“This case exemplifies the important role local and federal law enforcement partnerships play in putting child predators behind bars,” said Shane Folden, deputy special agent in charge of Homeland Security Investigations Tampa. “Let this sentence serve as a warning to other predators. We will find you, arrest you and ensure that you are prosecuted to the fullest extent of the law.”
This case was investigated by the Immigration and Customs Enforcement’s Homeland Security Investigations and the Jackson County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Gayle Littleton. This case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney’s 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 exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Shiprock Man Sentenced to Prison for Federal Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Jack Belin, Jr., 59, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced to 27 months in federal prison followed by three years of supervised release for his abusive sexual contact conviction. Belin will be required to register as a sex offender after he completes his prison sentence.
Belin was arrested in Oct. 2012, based on an indictment charging him with two counts of abusive sexual contact. According to the indictment, Belin committed the offenses on July 18, 2012, in Indian Country (the Navajo Indian Reservation) in San Juan County, N.M.
On Feb. 6, 2013, Belin entered a guilty plea to Count 2 of the indictment. In his plea agreement, Belin admitted that on July 18, 2012, he intentionally and inappropriately touched the victim without the victim’s consent. Belin was remanded into the custody of the U.S. Marshals Service after entering his guilty plea.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Rosebud Man Sentenced for Conspiracy to Distribute Between 50 and 100 Kilograms of MarijuanaRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of conspiracy to distribute between 50 and 100 kilograms of marijuana was sentenced on August 19, 2013, by U.S. District Judge Roberto A. Lange.
Eagle Deer will report to the U.S. Marshals Service on August 22, 2013, to begin serving his sentence.
Alfred Eagle Deer, Jr., a/k/a Alfred Eagle Deer, age 31, was sentenced to 28 months of custody, 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle Deer was indicted by a federal grand jury on August 29, 2012, and pled guilty to a Superseding Information on May 29, 2013, that charged him with Conspiracy to Distribute a Controlled Substance, 50-100 kilograms of marijuana.
Between October 2008 and August 2012, Abraham Romero-Perez obtained between 60 and 80 kilograms (132.28 to 176.37 pounds) of marijuana that had been transported into South Dakota. Romero-Perez then sold or fronted (a term for loaning controlled substance to an individual with the intent that the supplier will be paid for the substance after it has been sold) pound quantities of marijuana to other persons, including Gloria Barrera, Andrea Barrera, Joe Buck Colombe, and Jo Ann White Buffalo, knowing that they intended to further distribute the marijuana in South Dakota. Phillip Stands and Eagle Deer assisted the Barreras in redistributing the marijuana. Eagle Deer was fronted quantities of marijuana ranging from one ounce and upwards.
Previously, as part of this same narcotics trafficking conspiracy, Gloria Barrera, Andrea Barrera, Romero-Perez, and Stands were all sentenced. Colombe will be sentenced on October 7, 2013, and White Buffalo will be sentenced on October 21, 2013.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. The case was prosecuted by Assistant U.S. Attorney Jay Miller.Oglala Man Pleads Guilty to Destruction of Government PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that Eldon Ray Tobacco, age 26, of Oglala, South Dakota, appeared before U.S. Magistrate Veronica L. Duffy on August 16, 2013, and pled guilty to Destruction of Government Property.
The maximum penalty upon conviction is 1 year imprisonment and a $100,000 fine.
The charge relates to Tobacco throwing a rock at the windshield of a 2010 Ford Expedition belonging to the U.S. General Services Administration and leased to the Oglala Sioux Tribe Department of Public Safety. The incident happened between March 27 and 28, 2011. The rock caused enough damage that the windshield had to be replaced.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date was set for October 25, 2013. The defendant was released on bond pending sentencing.Nurse Sentenced to 12 Years in Prison for Murder-For-Hire PlotRead the Press Release
A Cleveland-area nurse was sentenced to 12 years in prison today for his role in a murder-for-hire plot and related crimes, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Andrew Martin, age 23, of Bristolville, pleaded guilty earlier this year to use of an interstate commerce facility in the commission of murder-for-hire, conspiracy to commit wire fraud and obtaining individually identifiable health information.
“This sentence underscores the seriousness of this defendant’s conduct,” Dettelbach said. “He sought to have a woman killed over a home in Lakewood. The community is fortunate that law enforcement was vigilant and stopped this plot.”
“Working with Lakewood police and fire and our other law enforcement partners, an individual was brought to justice who attempted to prey on an elderly person, both financially and physically,” said Lance Kimmell, Group Supervisor for the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Cleveland office.
U.S. District Judge Christopher Boykok also ordered Martin to pay more than $83,000 in restitution.
Martin worked as a registered nurse at a local hospital. He and another person (identified as D.S., who worked in the business of residential property repair and rehabilitation) conspired to take ownership and control of the house at 17225 Clifton Boulevard in Lakewood, which was owned by a person identified as G.W. who was a patient at the hospital where Martin worked, according to court documents.
This would be done, in part, by Martin accessing G.W.’s medical records. He passed that information on to D.S., who fraudulently maintained he had a personal relationship with G.W., which caused the homeowner to transfer ownership of the Clifton property prior to the G.W.’s death, according to court records.
On Nov. 21, 2011, Martin and D.S. caused a fraudulent quitclaim deed to be filed with the Cuyahoga County Recorder, which transferred ownership to D.S. D.S. had fraudulently represented to others that he had a personal relationship with G.W. based on medical records accessed by Martin, according to court documents.
A woman identified as J.C. was the sister of G.W. and the administrator of his estate. On Nov. 21, 2011, Martin and D.S. met J.C. at the property, where they maintained D.S. was the rightful owner, according to court documents.
In February 2012, Martin prepared D.S. for a deposition relating to the transfer of the Clifton property by providing D.S. with personal information about G.W. that Martin learned from accessing his medical records at the hospital, according to court documents.
On November 5, 2012, Martin used a telephone in connection with his intention that J.C. be murdered in exchange for the promise of $10,000, according to court documents.
Martin solicited a patient at the hospital to kill J.C. because “she has been trying to mess up my life” and then followed up with telephone calls which related to the solicitation. Martin wanted the patient to “put four in her head and make it look like a robbery,” according to court documents.
This case is being prosecuted by Assistant United States Attorneys Henry F. DeBaggis and Kelly L. Galvin following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Maple Heights Police Department and Lakewood Police and Fire Departments.
Norwalk Resident Sentenced to More Than Five Years in Federal Prison for Trafficking NarcoticsRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced HECTOR VALLE, 43, a citizen of Mexico last residing in Norwalk, was sentenced today by United States District Judge Janet C. Hall in New Haven to 65 months of imprisonment, followed by four years of supervised release, for trafficking narcotics.
According to court documents and statements made in court, on March 27, 2012, New York Police Department officers conducting a narcotics trafficking investigation contacted the Drug Enforcement Administration in Bridgeport with information that individuals operating out of 18-20 Taylor Avenue and 20 Woodbury Avenue in Norwalk had just received a multiple-kilogram shipment of cocaine. Based upon this information, on the morning of March 28, members of the DEA Bridgeport High Intensity Drug Trafficking Area Task Force and the Norwalk Police Department’s Special Services Division executed a court-authorized search of 20 Woodbury Avenue and encountered VALLE, Jose Mendez-Luna and others. A search of VALLE’s bedroom revealed quantities of cocaine and heroin, drug ledgers and approximately $8,000 in cash. In a bedroom that Mendez-Luna had been using, officers located a 9-millimeter firearm, a magazine with four rounds of ammunition, approximately 262 grams of cocaine, two digital scales, narcotics packaging materials and nine cell phones. Approximately one ounce of heroin was also recovered from the kitchen of the residence.
A subsequent court-authorized search of 18-20 Taylor Avenue yielded approximately five kilograms of heroin, 10 pounds of Methamphetamine, $279,000 in cash, one handgun, ammunition and narcotics packaging materials.
VALLE has been detained since his arrest on March 28, 2012. On March 15, 2013, he pleaded guilty to one count of conspiracy to possess with the intent to distribute 500 grams or more of cocaine.
Mendez-Luna also pleaded guilty and, on July 17, 2013, he was sentenced to 30 months of imprisonment.
This matter was investigated by Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, which is composed of members of the Bridgeport, Milford, Norwalk, Stamford, Stratford and Westport Police Departments. The investigation was significantly assisted by the Norwalk Police Department’s Special Services Division and the New York Police Department.
This case was prosecuted by Assistant United States Attorneys Sarah Karwan and Vanessa Richards.
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