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16 August 2013
Iowa and California Men Sentenced for Kidnapping, Firearm Offenses and Controlled Substance ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux City, Iowa, man convicted of Kidnapping and Brandishing a Firearm During a Crime of Violence, and a Homeland, California, man convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, and Brandishing a Firearm During a Crime of Violence, were sentenced on August 12, 2013, by U.S. District Judge Charles B. Kornmann.
Marco Uribe, age 26, of Sioux City, Iowa, was sentenced to a total of 215 months of imprisonment, with the Court ordering that 131 months on the kidnapping charge and 84 months on the firearm charge be served consecutively; 5 years of supervised release on each count to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund. The Court also ordered forfeiture of a 2003 Jaguar-XJ and 3 firearms.
Jose “Ivan” Garcia, age 26, of Homeland, California, was sentenced to a total of 130 months of imprisonment, with the Court ordering that 46 months on the conspiracy charge and 84 months on the firearm charge be served consecutively; 3 years of supervised release on each count to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund.
Uribe and Garcia were initially indicted by a federal grand jury on February 14, 2012. Uribe pled guilty on May 9, 2013, to a Superseding Indictment charging him with Kidnapping and Brandishing a Firearm During a Crime of Violence. Garcia pled guilty on May 20, 2013, to a Superseding Information charging him with Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance and Brandishing a Firearm During a Crime of Violence.
In 2011, Uribe brought Garcia to South Dakota to become a leader within Uribe’s drug distribution operation. In support of the conspiracy, Garcia hosted a party at his residence around December 23, 2011, where he provided cocaine to some of the people in attendance. At the party and elsewhere, Garcia supervised and recruited others to distribute cocaine. The drug quantity attributable to Garcia based on his role in the conspiracy was at least 50 but less than 100 grams of cocaine.
Following the party, Garcia’s trailer in Mobridge was burglarized and a large quantity of cocaine and methamphetamine and several thousand dollars in cash was stolen. Uribe, and others, kidnapped several individuals they suspected of the break-in and theft and took them to another location, where the victims were assaulted with shod feet and hit with firearms. Uribe stuck his gun in one victim’s mouth while questioning him about the stolen drugs and cash. The victims denied knowing anything about the thefts. The actual burglars were later apprehended.
On or about December 27, 2011, Garcia and others, as part of their continuing efforts to discover who had broken into Garcia’s residence and stole the drugs, travelled to a residence in Wakpala, South Dakota. When an occupant opened the door, Garcia pulled out a gun and asked for Dustin Swimmer. The door was slammed in his face and he yelled for his “stuff” back. Garcia got back into his vehicle with the driver, and fired shots at the residence as they drove away.
Also charged in this case were 5 other defendants:- Tim Stout, age 38, convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, was sentenced on September 17, 2012, to 151 months of custody and 3 years of supervised release.
- Nathan Martin, age 31, convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, and Assault with a Dangerous Weapon, was sentenced on January 4, 2013, to 105 months of custody and 6 years of supervised release.
- Amber Long Chase, age 33, convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, was sentenced on January 4, 2013, to 105 months of custody and 6 years of supervised release.
- Anthony Brown Otter, age 25, convicted of Assault with a Dangerous Weapon and Brandishing a Firearm During a Crime of Violence, was sentenced on January 4, 2013, to 125 months of custody and 3 years of supervised release.
- Dustin Swimmer, age 27, convicted of Possession with Intent to Distribute a Controlled Substance, was sentenced on May 13, 2013, to 37 months of custody and 3 years of supervised release.
An eighth defendant, Andrew Kills Crow, age 22, is scheduled to be sentenced on October 7, 2013. Kills Crow pled guilty on May 28, 2013, to two counts of Assault with a Dangerous Weapon.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Bureau of Indian Affairs, Mobridge Police Department, and the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Uribe and Garcia were immediately turned over to the custody of the U.S. Marshals Service.Illegal Alien Sentenced to 24 Months for Unlawfully Reentering U.S. Following Prior Deportation and Conviction for Aggravated Sexual BatteryRead the Press Release
ALEXANDRIA, Va. – William Orlando Contreras-Barrera, 32, an illegal alien of Guatemala, was sentenced today to 24 months in prison, followed by three years of supervised release, for illegally reentering the United States after previously being removed following a conviction for an aggravated felony.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and John Torres, Special Agent in Charge, United States Department of Homeland Security, Homeland Security Investigations (HSI), Washington, D.C., made the announcement after sentencing by United States District Judge Anthony J. Trenga.
On May 9, 2013, Contreras-Barrera was found guilty of illegally re-entering the United States. According to court documents, Contreras-Barrera is a citizen of Guatemala who has unlawfully entered the United States on at least two occasions. In August 2009, Contreras-Barrera was convicted of aggravated sexual battery in Arlington, Virginia and was subsequently deported to Guatemala.
This case was investigated by HSI and Special Assistant United States Attorneys John Sinfelt and Sarah Devlin prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.High-Ranking Member of Enterprise Involved in Massive Medicare Fraud Sentenced in Manhattan Federal Court to 125 Months in PrisonRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that ROBERT TERDJANIAN was sentenced yesterday to 125 months in prison for his role in a multi-million dollar Medicare fraud scheme, among other offenses including extortion and immigration fraud. TERDJANIAN pled guilty to racketeering in December 2011 before U.S. District Judge Paul G. Gardephe, who also imposed yesterday’s sentence.
Manhattan U.S. Attorney Preet Bharara said: “Robert Terdjanian and his many convicted co-conspirators were a cancer of fraud inside the Medicare system at a time of increasing scarcity in public resources. With his sentence, we continue our work to ensure that all those responsible for this reprehensible scheme are punished.”
According to the Indictment and other documents filed in this case:
From 2008 through 2010, TERDJANIAN participated in a nationwide Medicare scam that fraudulently billed Medicare for over $100 million. As part of the conspiracy, the defendant and others created “phantom clinic” health care providers that existed only on paper, had no doctors, and treated no patients. The total scheme involved at least 118 fraudulent Medicare providers that were located in approximately 25 states, and that submitted fraudulent bills for at least approximately $100 million, and received over $30 million in reimbursements from Medicare. TERDJANIAN directed the New York-based members of the enterprise in this scheme and other criminal conduct, including no-fault insurance fraud and access device fraud.
In addition to the prison term, Judge Gardephe sentenced TERDJANIAN, 40, of Brooklyn, New York, to three years of supervised release, and imposed a $100 special assessment. Judge Gardephe also ordered TERDJANIAN to forfeit $1,169.680.55.
Of the 28 defendants charged in U.S. v. Armen Kazarian, et al., 20 have now been sentenced. Four others have pled guilty and are awaiting sentencing. Charges have been dismissed against two defendants, and remain pending against two defendants. The charges pending against the two outstanding defendants are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Mr. Bharara thanked the Federal Bureau of Investigation, the U.S. Department of Health and Human Services, Office of Inspector General, the New York City Police Department, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations for their work in the investigation.
The prosecution is being handled by the Office’s Organized Crime Unit. Assistant U.S. Attorneys Jennifer Burns, Arlo Devlin-Brown and Harris Fischman are in charge of the prosecution.
Harrold Man Pleads Guilty and Is Sentenced for Simple Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that Thomas Morgan, age 38, of Harrold, South Dakota, has pled guilty to an Information that charged him with Simple Assault and Assault by Striking, Beating and Wounding.
Morgan was sentenced on August 13, 2013, by U.S. Magistrate Judge Mark A. Moreno to 6 months of imprisonment on each count to be served consecutively, for a total custody sentence of 12 months; $528 in restitution; and a $20 special assessment to the Federal Crime Victims Fund.
The charges stem from an incident occurring on August 17, 2012, when several individuals ended up at Morgan’s home following a disagreement. Additional arguments ensued and Morgan got into his car and hit the victim with his vehicle. The victim hit the hood of Morgan’s car but was not seriously injured.
The investigation was conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Morgan was immediately turned over to the custody of the U.S. Marshals Service.Hagerstown Man Sentenced to 4 Years in Prison for Possessing Child PornographyRead the Press Release
Baltimore, Maryland –U.S. District Judge Richard D. Bennett sentenced James Andrew Wagner, age 43, of Hagerstown, Maryland, today to four years in prison, followed by 10 years of supervised release, for possession of child pornography. Judge Bennett ordered that upon his release from prison, Wagner must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
According to the plea agreement, on April 7, 2011, an undercover FBI agent in Kansas City, Kansas, downloaded 16 images from Wagner, using a file sharing program connected to the internet. All of the files depicted minors engaging in sexually explicit conduct. On November 28, 2011, an undercover FBI agent in Baltimore used a file sharing program to download 58 files from Wagner that contained child pornography. On December 22, 2011, a search warrant was executed at Wagner’s home and agents seized computers and digital media. A review of the images on Wagner’s computers and other devices revealed well over 600 files of child pornography, separated into hundreds of folders organized by the name of the minor depicted in the files. At the time of the offense, Wagner was a civilian police officer at Fort Detrick.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI for its work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Paul E. Budlow, who prosecuted the case.
Fourteen More Army National Guard Recruiters and Soldiers<br /> Charged in Ongoing Bribery and Fraud InvestigationRead the Press Release
Fourteen current and former recruiters and soldiers of the U.S. Army National Guard have been charged in the Southern District of Texas for engaging in a multi-year scheme to defraud the U.S. Army National Guard Bureau, announced 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.
The cases against all 14 defendants arise from an investigation involving allegations that former and current military recruiters and U.S. soldiers in the San Antonio and Houston areas engaged in a wide-ranging corruption scheme to illegally obtain fraudulent recruiting bonuses. To date, the investigation has led to charges against 25 individuals, 11 of whom have pleaded guilty.
According to court documents, in approximately September 2005, the National Guard Bureau entered into a contract with Document and Packaging Broker Inc. (Docupak) to administer the Guard Recruiting Assistance Program (G-RAP). The G-RAP was a recruiting program that offered monetary incentives to Army National Guard soldiers who referred others to join the Army National Guard. Through this program, a participating soldier could receive up to $3,000 in bonus payments for referring another individual to join. Based on certain milestones achieved by the referred soldier, a participating soldier would receive payment through direct deposit into the participating soldier’s designated bank account. To participate in the program, soldiers were required to create online recruiting assistant accounts.
In an indictment unsealed today in its entirety, Michael Rambaran, 50, of Pearland, Texas; and Edia Antoine, 27, Ernest A. Millien III, 49, and Christopher D. Renfro, 25, all of Houston, were charged with conspiracy, bribery, wire fraud and aggravated identity theft. According to court documents, between February 2008 and August 2011, Rambaran was a National Guard recruiter and Antoine, Millien and Renfro were recruiting assistants in G-RAP. Rambaran allegedly provided the names, addresses and Social Security numbers of potential soldiers to Antoine, Millien and Renfro so they could claim fraudulent recruiting referral bonus payments by falsely claiming they were responsible for referring those potential soldiers to join the military. The indictment alleges Antoine, Millien and Renfro paid kickbacks to Rambaran by providing a portion of the fraudulent bonus payments.
In a separate indictment unsealed on Aug. 9, 2013, Zaunmine O. Duncan, 37, of Austin, Texas, was charged with conspiracy, bribery, wire fraud, aggravated identity theft and witness tampering. According to court documents, between February 2008 and August 2010, Duncan, an Army National Guard recruiter, allegedly provided the personal identifiers of potential soldiers to four co-conspirators, identified as Recruiting Assistants 1 through 4, who used the personal identifiers to claim fraudulent recruiting referral bonuses through their G-RAP accounts. According to the indictment, Recruiting Assistants 1 through 4 paid kickbacks to Duncan by providing a portion of the fraudulent proceeds. The indictment also alleges Duncan and Recruiting Assistant 1, without permission or lawful authority, used the identity of a potential soldier to set up a G-RAP account through which Duncan and Recruiting Assistant 1 received additional fraudulent bonus payments. The indictment also charges Duncan with witness tampering, alleging Duncan instructed a witness, identified in the indictment as Recruiting Assistant 1, to make certain false exculpatory statements to federal law enforcement officers.
In another related but separate indictment also unsealed on Aug. 9, 2013, Jammie T. Martin, 36, and Michelle H. Davis, 32, both of Katy, Texas; and Danielle V. Applin, 27, of Harker Heights, Texas, were charged with conspiracy, bribery, wire fraud and aggravated identity theft. According to the indictment, from February 2009 through April 2011, Martin served as an Army National Guard recruiter and Applin and Davis served as recruiting assistants with the G-RAP. According to court documents, Martin allegedly provided the personal identifiers of potential soldiers to Applin and Davis so they could claim fraudulent recruiting referral bonus payments by falsely claiming they were responsible for referring the potential soldiers to join the military. The indictment alleges Applin and Davis paid kickbacks to Martin by providing a portion of the fraudulent bonus payments.
In addition, in the last three weeks, Melanie D. Moraida, 33, of Pearland, Texas; Elisha M. Ceja, 26, of Barboursville, W.Va.; Kimberly N. Hartgraves, 28, of League City, Texas; Lashae C. Hawkins, 27, of San Antonio; Annika S. Chambers, 27, of Houston; and Vanessa Phillips, 35, of Houston, were all charged in separate criminal informations with one count of conspiracy and one count of bribery.
A conviction for bribery carries as possible punishment a maximum penalty of 15 years in federal prison. Witness tampering and wire fraud, upon conviction, could each result in a maximum of 20 years imprisonment, while a conviction for the conspiracy charge carries a five-year maximum sentence. If convicted of aggravated identity theft, a defendant will also have to serve a mandatory penalty of two years in prison, which must be served consecutively to any other sentence imposed. All charges also carry a possible $250,000 maximum fine or twice the pecuniary gain or loss.
A criminal indictment or information is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
The cases are being investigated by special agents from the San Antonio Fraud Resident Agency of Army Criminal Investigation Command’s Major Procurement Fraud Unit. Trial Attorneys Edward J. Loya Jr., Brian A. Lichter, Sean F. Mulryne and Mark J. Cipolletti of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney John Pearson of the Southern District of Texas are prosecuting the case.Four Local Men Charged with Conspiracy to Distribute HeroinRead the Press Release
Urbana, Ill. – A September trial date has been set for four local men charged in federal court with conspiracy to distribute 100 grams or more of heroin in Champaign County. Three of the four charged in the indictment have been arrested: Clifford L. Brown, 34, of the 900 block of S. Lierman, Urbana, Ill.; Christopher N. Maze-Moore, 26, of the 300 block of Nelson Court, Champaign; and, Kavurante Derrez Pettigrew, 22, aka ‘Little D,’ of the 1300 block of N. Clock Street, Champaign. The fourth defendant, Daniel J. Hightower, 25, aka ‘Boogie,’ of the 1500 block of Kingsway, Champaign, remains a fugitive.
The indictment was unsealed last week following the arrest and initial appearances of the three defendants in custody before U.S. Magistrate Judge David G. Bernthal. Trial is scheduled on Sept. 23, 2013. Each has been ordered to remain detained in the custody of the U.S. Marshals Service.
The charges are the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation announced by U.S. Attorney Jim Lewis, Central District of Illinois. The DEA task force worked cooperatively with the Champaign Police Department and the Illinois State Police. Assistant U.S. Attorney Eugene L. Miller is prosecuting the case in the Central District of Illinois, Urbana Division.
The indictment, which charges the defendants with conspiracy to distribute heroin, alleges that from about September 2011 to February 2013, the four defendants conspired to possess with intent to distribute and to distribute more than 100 grams of heroin. Each defendant also faces an additional count of distribution of heroin.
If convicted, for the offense of conspiracy to distribute more than 100 grams of heroin, the statutory penalty is a mandatory minimum five years and up to 40 years in prison; if a defendant has one or more prior felony drug convictions, the penalty is 10 years to life in prison. For the distribution of heroin, the penalty is up to 20 years in prison if the defendant has no prior felony drug convictions; if the defendant has a prior felony drug conviction, the offense carries a penalty of up to 30 years in prison.
Members of the public are reminded that an indictment is merely an accusation; each defendant is presumed innocent unless proven guilty.In a separate, but related federal case, Mark M. Brown, 41, of Rantoul, Ill., was arrested and charged in February 2013, with possession of 100 grams or more of heroin with intent to distribute. On Jul. 8, 2013, Brown entered a plea of guilty to the charge, and sentencing is scheduled on Nov. 14, 2013. Brown remains in the custody of the U.S. Marshals Service.
Fort Mojave Man Pleaded Guilty to Second-degree Murder, Child Abuse, and AssaultRead the Press Release
PHOENIX, Ariz.–Matthew Smith, 31, of Mohave Valley, Ariz., pleaded guilty on Aug. 15, 2013 to Second-Degree Murder, Child Abuse, and Assault Resulting in Serious Bodily Injury, in federal district court in Phoenix. Sentencing is set before Judge Paul G. Rosenblatt on Nov. 4, 2013.
Between July 8, 2012 to July 11, 2012 on the Fort Mojave Indian reservation, Defendant Smith became angry with one of the minor children who lived in his home and he assaulted the child multiple times. The child died due to multiple blunt force traumas and other injuries. During the same period of time, Defendant also assaulted a second child who lived in the home and took the child to the bathroom, where the child remained behind a locked door for approximately two days without food or water. The second child was hospitalized for a significant period of time and survived, but sustained serious injuries. In investigating the death and assault of these two children, law enforcement officers observed a third child, who had a visibly distorted arm. It was determined that during the same July time period, Defendant assaulted the third child, who suffered a broken arm.
A conviction for Second-Degree Murder carries a minimum of 30 years in prison and a maximum penalty of life in prison, a $250,000 fine, or both. A conviction for Child Abuse carries a minimum of 10 years in prison, a maximum penalty of 24 years in prison, a $250,000 fine, or both. A conviction for Assault Resulting in Serious Bodily Injury carries a minimum of 10 years in prison and a maximum of life in prison.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Fort Mojave Police Department. The prosecution is being handled by Jennifer E. Green and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-12-8195-PCT-PGR
RELEASE NUMBER: 2013-067_SmithFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Fort Duchesne Man Sentenced to 57 Months in Federal Prison for Firearm ViolationRead the Press Release
Defendant Has Previous Federal Conviction for Voluntary ManslaughterSALT LAKE CITY – Gregory Chauncy Checora, age 36, of Fort Duchesne, Utah, will serve 57 months in federal prison for possession of a firearm following a felony conviction. U.S. District Judge Tena Campbell imposed the sentence Thursday in U.S. District Court. Checora, who is an enrolled member of the Ute Indian Tribe, will be on supervised release for 36 months when he finishes his prison sentence.
Checora pleaded guilty to the firearm charge in May. He admitted that between June 20-30, 2012, he had an EAA Witness .40 caliber handgun in his possession. As a convicted felon, federal law prohibits Checora from possessing a firearm.
Checora was convicted of voluntary manslaughter in U.S. District Court in October 1997. According to a plea agreement in that case, Checora and three others killed Benjie Murray during a July 1996 incident that occurred in what is known as the “Little Chicago” subdivision of Fort Duchesne within the boundaries of the Uintah-Ouray Reservation.
Criminal history is a factor in determining sentences in federal court. The manslaughter conviction, which is a crime of violence, was one factor Judge Campbell used in imposing a sentence at the high end of the sentencing guidelines. Checora also has a history of gang involvement.
Former Norfolk City Employee Sentenced for FraudRead the Press Release
NORFOLK, Va. – Patrick R. Lambert, 56, of Virginia Beach, Va., was sentenced today to 12 months in prison, followed by three years of supervised release, for fraud in connection with a local government receiving federal funds.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia and Royce E. Curtin, Special Agent in Charge, Federal Bureau of Investigation Norfolk Office, made the announcement after sentencing by Chief United States District Judge Rebecca Beach Smith.
Lambert pleaded guilty on May 9, 2013. According to court documents Lambert was a facilities maintenance supervisor with the City of Norfolk and was acquainted with Andrew T. Zoby, Jr., who had a plumbing contract with the City of Norfolk. Lambert owned a home and several rental properties in the Cities of Norfolk and Virginia Beach and at various times from approximately 2006 through 2011, would request that Zoby’s plumbing business perform certain work on the properties. Zoby’s employees performed the requested work which had a total value of $17,547.57. Lambert did not pay Zoby or his company for the work that was performed on these properties. In order to obtain reimbursement for these services, Zoby with the knowledge of Lambert, would submit fraudulent invoices for alleged plumbing services to the City of Norfolk. Lambert was aware of and acquiesced in the payment of these fraudulent invoices. As a result of this scheme, Lambert received free plumbing services in the approximate amount of $17,547.57 and Zoby was reimbursed this amount from the City of Norfolk funds. Zoby was sentenced to 15 months in prison on July 10, 2013. Zoby was also involved in a bribery scheme with another former city employee, Michael Brown, who is scheduled for sentencing September 25th, 2013.
This case was investigated by Federal Bureau of Investigation, Norfolk Office. Assistant United States Attorney Robert J. Seidel, Jr. prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Former New Fairfield Resident Sentenced to 42 Months in Federal Prison for Trafficking MarijuanaRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that RAYMOND MASSAGLI, 31, formerly of New Fairfield, Conn. and Somerset, Mass., was sentenced today by United States District Judge Janet Bond Arterton in New Haven to 42 months of imprisonment, followed by two years of supervised release, for trafficking marijuana.
According to court documents and statements made in court, this matter stems from a Drug Enforcement Administration and Connecticut State Police Statewide Narcotics Task Force investigation into a large-scale marijuana growing and trafficking organization that operated in the greater Danbury area and had ties to New York, Massachusetts, and Vermont. Between June 2011 and June 2012, the drug trafficking organization conspired to manufacture, sell, and distribute more than 1,000 kilograms of marijuana.
The investigation, which included the use of court-authorized wiretaps, revealed that Nicolas Calamaras of New Fairfield was distributing marijuana to numerous individuals in the Danbury area. Beginning in April 2012, investigators learned that MASSAGLI sold large quantities of marijuana to Calamaras, partnered with Calamaras to sell marijuana to co-defendant and Vermont resident Weston Robinson, bought marijuana plants from Calamaras to begin his own grow house operation, and conspired with Calamaras and others to expand their narcotics trafficking activities.
MASSAGLI was arrested on July 2, 2012. On May 29, 2013, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute more than 100 kilograms of marijuana.
MASSAGLI has been detained since July 16, 2013, after he violated conditions of his release and his bond was revoked.
Thirteen individuals were charged a result of the investigation, during which investigators seized marijuana, more than $520,000 in cash, 10 firearms, vehicles and real property.
As part of his sentence, MASSAGLI was ordered to forfeit his 2008 Nissan Titan SE pickup truck.
Calamaras has pleaded guilty and awaits sentencing. Robinson also pleaded guilty and, on July 31, 2013, he was sentenced to 12 months and one day of imprisonment.This matter is being investigated by the Drug Enforcement Administration and the Connecticut State Police Statewide Narcotics Task Force Northwest Office. The case is being prosecuted by Assistant United States Attorneys Tracy L. Dayton and David X. Sullivan.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Former Lorain County, Ohio, Corrections Officer Charged for Assaulting an InmateRead the Press Release
Acting Assistant Attorney General for the Civil Rights Division Jocelyn Samuels, U.S. Attorney for the Northern District of Ohio Steven M. Dettelbach and Special Agent in Charge for the FBI Cleveland Field Office Stephen D. Anthony, announced today that former Lorain County, Ohio corrections officer Marlon Taylor, 47, of Vermilion, Ohio, was charged in the U.S. Court for the Northern District of Ohio with one count of deprivation of rights under color of law.
The criminal information alleges that on July 29, 2012, Taylor, while working as a corrections officer in the Lorain County Jail, assaulted an inmate identified as Victim 1 by striking him repeatedly, causing bodily injury and depriving Victim 1 the right to be free from cruel and unusual punishment.
If convicted, Taylor faces a potential maximum sentence of 10 years in prison and a $250,000 fine. A charge is not evidence of guilt and all defendants are presumed innocent until proven guilty.
The investigation has been conducted by the FBI Cleveland Field Office. Assistant U.S. Attorneys Antoinette T. Bacon and Lauren Bell, and, Trial Attorney Betsy Biffl of the Civil Rights Division, Criminal Section will prosecute the case.
Former Lorain County Corrections Officer Charged for Assaulting an InmateRead the Press Release
A former Lorain County corrections officer faces criminal charges for striking a jail inmate multiple times, said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division, Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office.
Marlon Tayor, 47, of Vermilion, was charged with one count of deprivation of rights under color of law.
“The vast majority of law enforcement officials do a great job,” Dettelbach said. “When someone abuses the power and privileges of their office, however, they can and will be held accountable.”
The criminal information alleges that on July 29, 2012, Taylor, while working as a corrections officer in the Lorain County Jail, assaulted an inmate identified as Victim 1 by striking him repeatedly, causing bodily injury and depriving Victim 1 the right to be free from cruel and unusual punishment.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case. In all cases the sentence will not exceed the statutory maximum – in this case, 10 years in prison and $250,000 fine -- and in most cases it will be less than the maximum.
This investigation has been conducted by the FBI’s Cleveland Office. Assistant U.S. Attorneys Antoinette T. Bacon and Lauren Bell and Trial Attorney Betsy Biffl will prosecute the case.
A charge is not evidence of guilt. The defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Former Hartford Resident Sentenced to 10 Years in Federal Prison for Child Sex Trafficking OffenseRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that BRUCE DAMICO, 35, formerly residing in Hartford, Providence, R.I., and Queens, N.Y., was sentenced today by United States District Judge Stefan R. Underhill in Bridgeport to 121 months of imprisonment, followed by 10 years of supervised release, for recruiting and transporting a minor to engage in prostitution.
According to court documents and statements made in court, DAMICO recruited, harbored and transported women and girls to engage in prostitution. As a part of his prostitution business, DAMICO posted Internet advertisements offering the women and girls for commercial sex acts, and DAMICO was paid by each woman and girl $100 per day for maintaining the advertisements. DAMICO booked hotel rooms where the women and girls would engage in commercial sex acts, and he transported, or arranged the transportation of, the women and girls to prostitution appointments. DAMICO also sold drugs to the women and girls at inflated prices, often resulting in DAMICO obtaining all the money they made.
In pleading guilty, DAMICO admitted that between June 2009 and January 2010, his prostitution enterprise employed a girl who was under the age of 18. DAMICO posted pictures of the minor victim on the Internet to advertise her prostitution services, and he and others working for him transported the minor victim between Connecticut and surrounding states to engage in prostitution.
DAMICO has been detained since his arrest by the Bloomfield Police Department on January 22, 2010. On March 4, 2013, he pleaded guilty to one count of sex trafficking of a minor.
Judge Underhill ordered DAMICO to pay $10,000 in restitution to the minor victim.
This matter was investigated by the Federal Bureau of Investigation and the Bloomfield Police Department. The case was prosecuted by Assistant United States Attorney David E. Novick.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Former Faulkner County Sheriff Candidate Sentenced for 2012 Election ScamRead the Press Release
Little Rock - Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, announced today that United States District Judge D. Price Marshall, Jr. sentenced Harold Allen Smith, 47, of Greenbriar, to one month in federal prison to be followed by one year of supervised release with the special condition that the first month of supervised release must be served in a halfway house. He was ordered to report to the Bureau of Prisons in 30 days.
Smith was charged by an Information and pled guilty to one count of transferring a false birth certificate via the United States mail on April 19, 2013. The charges involve activities by Smith in the Spring of 2012 when he was a candidate in the Republican primary for Sheriff of Faulkner County.
In the Spring of 2012, Harold Smith was one of the candidates for Sheriff of Faulkner County in the Republican primary. During February and March, 2012, Smith had meetings with people to discuss the election and how to prevent another Republican candidate, Andy Shock, from winning the primary. Some of the people who met with Smith had suggestions including that Smith drop out of the race to run an anti-Shock campaign, and that it would be funny if a birth certificate surfaced showing that Shock was the father of an illegitimate black child. As a result, Smith, with the help of another person, created false Texas birth certificates showing that Shock was the father of an illegitimate black child.
On March 28, 2012, Smith and another person drove to Hooks, Texas where Smith mailed approximately 12 envelopes containing a note and a false Texas birth certificate to residents in Faulkner County, Arkansas, who it was believed would vote in the Republican primary.
In spite of the efforts of Smith, Andy Shock won the Republican primary and in November, 2012, won the general election and is currently the Sheriff of Faulkner County.
This investigation was conducted by United States Postal Inspection Service. First Assistant U.S. Attorney Patrick Harris and AUSA Cameron McCree prosecuted this case for the United States.
Former Consultant Pleads Guilty to His Role in Atlanta Public Schools Kickback SchemeRead the Press Release
ATLANTA – Mahendra Patel has pleaded guilty to conspiring with former Atlanta Public Schools (APS) Chief Information Officer (CIO) Jerome Oberlton to receive kickbacks in exchange for Oberlton using his influence at APS to award a $780,000 computer project to the firm.
“Patel subverted the fairness of the contracting process for his own benefit, and ultimately undermined the trust taxpayers place in APS to provide high-quality educational services,” said United States Attorney Sally Quillian Yates. “In a time when educational resources are scarce or often non-existent, his fraud helped steer a lucrative computer contract to the highest bidder – one that was willing to line his pockets in exchange for work.”
Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office, stated: “With today’s guilty plea, Mr. Patel acknowledges his criminal wrongdoing for which he will now be held accountable. The FBI will continue to provide its investigative resources and expertise in exposing such corrupt kickback-based contract deals that subvert the normal process and cost taxpayers additional money.”
“The prosecution of individuals who manipulate normal business transactions in an effort to enrich themselves, has always been a priority of IRS and our law enforcement partners,” stated Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “Individuals who line their pockets with profits from fraudulent schemes should know, they will not go undetected and will be held accountable.”
According to United States Attorney Yates, the indictment, and information presented in court: Oberlton had overall management responsibility for APS’ information technology program. In January 2007, APS issued a request for proposal (RFP) for a Data Warehousing (DW) project at the school system. The DW project was intended to centralize information relating to APS operations, including student information, so that it was maintained digitally in a secure, easily-accessible manner.
From the start of the project in January 2007, Patel and Oberlton conspired to influence the RFP process and, ultimately, caused the winning bidder to be selected in exchange for kickbacks paid to both. In order to hide the bribes, Oberlton created Global Technology Partners (GTP) and, later, Global Technology Services (GTS) and funneled the bribe payments through these shell companies. Oberlton was able to conceal his ownership of GTP and GTS from APS even when questions arose in 2007. In contrast, the kickbacks to Patel were disguised as sales commissions for non-existent consulting work that he supposedly performed for the shell companies. In reality, Patel acted as an intermediary, helping to negotiate the kickbacks between Oberlton and Company A and then signed fake sales consultant agreements to hide his role. The Detroit-based technology company ultimately paid approximately $60,000 in bribes to Oberlton and Patel over almost six months and, in return, the company received almost $800,000 in APS project work.
Oberlton was the CIO for APS between June 2004 and August 2007 and, most recently, was the Chief of Staff for the Dallas Independent School District before he resigned in May 2013, shortly after he was indicted.Patel, 45, of Kennesaw, Ga., pleaded guilty to conspiring with Oberlton to accept bribes, which carries a maximum term of imprisonment of five years and a fine of $250,000. 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. A sentencing date for Patel has not yet been set by the Court.
A trial date for Jerome Oberlton has not been set.
These cases are being investigated by the Federal Bureau of Investigation and Internal Revenue Service.
Assistant United States Attorneys Kurt R. Erskine and Jill Steinberg 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.Former Consultant Pleads Guilty to His Role in Atlanta Public Schools Kickback SchemeRead the Press Release
ATLANTA – Mahendra Patel has pleaded guilty to conspiring with former Atlanta Public Schools (APS) Chief Information Officer (CIO) Jerome Oberlton to receive kickbacks in exchange for Oberlton using his influence at APS to award a $780,000 computer project to the firm.
“Patel subverted the fairness of the contracting process for his own benefit, and ultimately undermined the trust taxpayers place in APS to provide high-quality educational services,” said United States Attorney Sally Quillian Yates. “In a time when educational resources are scarce or often non-existent, his fraud helped steer a lucrative computer contract to the highest bidder – one that was willing to line his pockets in exchange for work.”
Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office, stated: “With today’s guilty plea, Mr. Patel acknowledges his criminal wrongdoing for which he will now be held accountable. The FBI will continue to provide its investigative resources and expertise in exposing such corrupt kickback-based contract deals that subvert the normal process and cost taxpayers additional money.”
“The prosecution of individuals who manipulate normal business transactions in an effort to enrich themselves, has always been a priority of IRS and our law enforcement partners,” stated Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “Individuals who line their pockets with profits from fraudulent schemes should know, they will not go undetected and will be held accountable.”
According to United States Attorney Yates, the indictment, and information presented in court: Oberlton had overall management responsibility for APS’ information technology program. In January 2007, APS issued a request for proposal (RFP) for a Data Warehousing (DW) project at the school system. The DW project was intended to centralize information relating to APS operations, including student information, so that it was maintained digitally in a secure, easily-accessible manner.
From the start of the project in January 2007, Patel and Oberlton conspired to influence the RFP process and, ultimately, caused the winning bidder to be selected in exchange for kickbacks paid to both. In order to hide the bribes, Oberlton created Global Technology Partners (GTP) and, later, Global Technology Services (GTS) and funneled the bribe payments through these shell companies. Oberlton was able to conceal his ownership of GTP and GTS from APS even when questions arose in 2007. In contrast, the kickbacks to Patel were disguised as sales commissions for non-existent consulting work that he supposedly performed for the shell companies. In reality, Patel acted as an intermediary, helping to negotiate the kickbacks between Oberlton and the Detroit-based technology company and then signed fake sales consultant agreements to hide his role. The Detroit-based technology company ultimately paid approximately $60,000 in bribes to Oberlton and Patel over almost six months and, in return, the company received almost $800,000 in APS project work.
Oberlton was the CIO for APS between June 2004 and August 2007 and, most recently, was the Chief of Staff for the Dallas Independent School District before he resigned in May 2013, shortly after he was indicted.Patel, 45, of Kennesaw, Ga., pleaded guilty to conspiring with Oberlton to accept bribes, which carries a maximum term of imprisonment of five years and a fine of $250,000. 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. A sentencing date for Patel has not yet been set by the Court.
A trial date for Jerome Oberlton has not been set.
These cases are being investigated by the Federal Bureau of Investigation and Internal Revenue Service.
Assistant United States Attorneys Kurt R. Erskine and Jill Steinberg 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.Former City of Buffalo Employee Sentenced for Stealing Hundreds of Thousands of Dollars from Parking MetersRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that James Bagarozzo, 57, of Buffalo, N.Y., who was convicted of stealing $210,000 from the City of Buffalo, a Governmental agency which receives federal funding, was sentenced to 30 months in prison by U.S. District Judge Richard J. Arcara. The defendant has also been ordered to pay $210,000 in restitution.
Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant was employed by the City of Buffalo for approximately 30 years. In 2003, Bagarozzo began working as a parking meter mechanic for the City. In that capacity, the defendant was responsible for repairing defective parking meter machines, but was not authorized to collect any money deposited into the machines.
Beginning in July 2003 and continuing through December 2011, instead of making necessary repairs, Bagarozzo intentionally damaged in excess of 75 parking meters. Those efforts made it easier for the defendant to steal quarters inserted into the meters by the public. The defendant stored the stolen quarters in bags in his car or in his pants pockets. Bagarozzo used the money to pay for personal expenses and the expenses of his family members.
The Government's evidence included statements from employees at a local bank where Bagarozzo regularly deposited large quantities of the stolen quarters. Bank tellers stated that the defendant would deposit between $3,000 and $5,000 a week.
In 2011, the City of Buffalo's Department of Parking Enforcement initiated a review of parking meters after suspecting that quarters were being stolen from the meters. Subsequently, video surveillance was conducted which showed that the defendant stole quarters from the meters on a daily basis.
"What may have begun as a theft of nickels and dimes, in the end was the equivalent of a major bank heist,” said U.S. Attorney Hochul. “This defendant admitted stealing almost a quarter million dollars which would have gone to the residents of Buffalo. That the defendant operated day in and day out over eight years, committed his crimes while on City time using City vehicles, and utilized his mechanic skills to alter parking meters and make his thefts easier, rank this as one of the more egregious breaches of honesty, ethics, and the public trust Buffalo has seen.”
U.S. Attorney Hochul further stated, “Let this case serve as yet another reminder that whether white collar, blue collar, or no collar, none is immune from prosecution if they violate their oath to the public or break the laws of this nation.”
Bagarozzo was arrested in December 2011 along with another employee, Lawrence Charles, who was also employed as a parking meter mechanic. Charles pleaded guilty to a similar charge on September 4, 2012 and will be sentenced on August 29, 2013 at 1:00 p.m.
The arrests are the culmination of an investigation on the part Special Agents from the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Former Baltimore Police Officer Indicted for Operating A Prostitution BusinessRead the Press Release
Baltimore, Maryland – A federal grand jury returned an indictment charging former Baltimore Police officer Lamin Manneh, age 32, of Baltimore, with traveling across state lines and using the telephone and internet to operate a prostitution business. The indictment was returned on August 15, 2013, and unsealed today at Manneh’s initial appearance.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Colonel Marcus L. Brown, Superintendent of the Maryland State Police; and Anne Arundel County State’s Attorney Anne C. Leitess.
According to the indictment, between February 2013 and May 9, 2013, Manneh operated a prostitution business that serviced over 300 customers. The business provided prostitution services to customers who came to an agreed location (“in-call”), as well as at locations specified by the customers (“out-call”). Manneh’s 19 year old wife and another 19 year old woman worked as prostitutes for Manneh. The indictment alleges that as part of his business, Manneh drafted, paid for, and posted more than 50 prostitution advertisements for the two women on internet websites; rented an apartment and hotel rooms to facilitate “in-call” commercial sex acts with clients who responded to the prostitution advertisements and drove the women to “out-call” commercial sex acts at residences and hotel rooms.
According to the indictment, Manneh provided the women with cell phones and taught them to use “voice over internet” phone services to communicate with prospective clients and with one another. The indictment alleges that Manneh waited outside the commercial sex act locations and electronically messaged with the women when they were with clients; and that Manneh carried his police-issued firearm and agreed to forcibly interrupt a commercial sex interaction if the client was aggressive or non-compliant; and that he supplied both women with synthetic marijuana. According to the indictment, Manneh collected all of his wife’s prostitution earnings and a percentage of the other woman’s prostitution earnings.
Manneh faces a maximum sentence of five years in prison, followed by up to lifetime of supervised release, for operating a prostitution business. Manneh had his initial appearance this morning in U.S. District Court in Baltimore and is detained pending a detention hearing scheduled today at 3:45 p.m.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The case was investigated by the FBI-led Maryland Child Exploitation Task Force (MCETF), created in 2010 to combat child prostitution, with members from10 state and federal law enforcement agencies. The Task Force coordinates with the National Center for Missing and Exploited Children and the Maryland State Police Child Recovery Unit to identify missing children being advertised online for prostitution.
MCETF partners with the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
United States Attorney Rod J. Rosenstein commended the FBI, Maryland State Police and Anne Arundel County State’s Attorney’s Office for their work in the investigation and recognized the Baltimore Police Department for its assistance. Mr. Rosenstein thanked Assistant U.S. Attorney Mark W. Crooks, who is prosecuting the case.
Five Members of Massive Counterfeit Goods Conspiracy Plead GuiltyRead the Press Release
NEWARK, N.J. – Five members of a massive, international counterfeit goods conspiracy have pleaded guilty to their roles in the scheme, U.S. Attorney Paul J. Fishman announced.
Yi Jian Chen, 53, and Hui Huang, 33, both of Brooklyn; and Ning Guo, 40, of People’s Republic of China, pleaded guilty today before U.S. District Judge Esther Salas in Newark federal court to informations charging them each with one count of conspiracy to traffic in counterfeit goods. Guo also pleaded guilty to one count of money laundering conspiracy.
Jian Zhi Mo, 45, of Flushing, N.Y. and Yuan Feng Lai, 28, of New York City, pleaded guilty on August 12, 2013, before Judge Salas in Newark federal court to informations charging them each with one count of conspiracy to traffic in counterfeit goods.
According to documents filed in this case and statements made in Court:
From August 2008 through February 2012, the defendants ran an international counterfeit goods smuggling and distribution conspiracy. The defendants and others imported more than 35 containers of counterfeit goods – primarily cigarettes, handbags, and sneakers – into the United States from China in furtherance of the conspiracy. These goods, if legitimate, would have had a retail value of more than $300 million.
The conspirators sought help in importing counterfeit goods into the United States and used a corporation to import the goods through Port Newark-Elizabeth Marine Terminal in Elizabeth, N.J. This corporation was actually a front company set up by law enforcement to act as an importer. The conspirators imported the counterfeit goods using fraudulent customs paperwork, which, among other things, falsely declared the goods within the containers.
Certain conspirators controlled the importation of the counterfeit goods into the United States. Some conspirators managed the distribution of counterfeit goods once they arrived in the United States. Others paid individuals they believed controlled an importation company with connections at the port. In fact, these individuals were undercover law enforcement agents.
Some conspirators acted as wholesalers for the counterfeit goods, supplying retailers who sold counterfeit goods to customers in the United States. A number of conspirators, including Guo, also engaged in a money laundering conspiracy to disguise and conceal the source of what they believed to be the profits of certain unlawful activity, moving this money through banks in the United States, China, and elsewhere, to disguise the sources of the laundered funds.
Law enforcement introduced several undercover special agents to the conspirators. These undercover agents purported to have connections at the port, which allowed them to obtain containers that were on hold, get them released and pass them through to the conspirators. The conspirators paid the undercover agents more than $900,000 for these “services.”Undercover agents recorded dozens of phone calls and in-person meetings with various conspirators. The investigation also utilized several court-authorized wiretaps of telephones and electronic communications.
Roles of the Individual Defendants
- Ning Guo’s primary role in both conspiracies was to transport and store imported counterfeit merchandise for the conspirators after it arrived at the port. He was also involved in the actual importation of the goods from China. Guo communicated with the undercover agents in numerous recorded calls and meetings about importing counterfeit goods from China and clearing the goods through customs. Guo was also involved in an international money laundering scheme through which he and others laundered the proceeds of the counterfeit goods smuggling scheme.
- Jian Zhi Mo was introduced by Guo to an undercover agent in March 2011. Mo then began to meet regularly with undercover agents to provide false and fraudulent Customs paperwork to the agents relating to shipments of counterfeit goods. Mo also received counterfeit goods from undercover agents and transported the goods to locations controlled by other conspirators. Mo also paid the undercover agents hundreds of thousands of dollars as their “fees” for clearing the containers of counterfeit goods through customs.
- Yi Jian Chen was introduced to an FBI undercover agent in August 2010 by a conspirator, who said he wanted to import a container of counterfeit sneakers. A conspirator provided fraudulent customs paperwork to the agents and set up the delivery of a container of counterfeit goods to one of his customers. The buyer turned out to be defendant Chen. The agents engaged in several recorded conversations with Chen. At one of these meetings, Chen and Guo met with undercover agents in Linden, N.J., and Guo provided, on behalf of Chen, approximately $32,000 to ensure the counterfeit goods would be released from the port and delivered to a warehouse controlled by conspirators.
- Hui Huang was introduced to an FBI undercover agent in November 2011 by Chen. Huang subsequently had the agents clear two containers of counterfeit goods for Huang and a conspirator.
- Yuan Feng Lai provided undercover agents with cash and fraudulent customs paperwork to smuggle counterfeit goods into the United States. Lai also accepted money from the undercover agents, delivered it to money launderers and acted as a warehouse manager for one of the warehouses run by Guo.
The conspiracy to traffic in counterfeit goods count to which the defendants pleaded guilty is punishable by a maximum potential penalty of 10 years in prison and a fine of $2 million. The money laundering count to which Guo pleaded guilty is punishable by a maximum potential penalty of 20 years in prison and a fine of $500,000 or twice the gain or loss caused be the offense. Sentencing for Mo and Lai is scheduled for Nov. 25, 2013. Sentencing for Guo, Chen and Huang is scheduled for Nov. 25, 2013.
U.S. Attorney Fishman praised special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, and special agents of Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Andrew M. McLees, for the investigation leading to this week’s guilty pleas.
The government is represented by Assistant U.S. Attorneys Andrew Pak and Zach Intrater of the Computer Hacking and Intellectual Property section of the Economic Crimes Unit of the U.S. Attorney’s Office in Newark and Nicholas Grippo of the U.S. Attorney’s Office in Trenton.
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Defense counsel: Guo: Richard Willstater Esq., White Plains, N.Y.
Chen: Jean Barrett Esq., Montclair, N.J.
Huang: Edgar Fankbonner Esq., New York
Mo: Stephen Dratch Esq., Livingston, N.J.
Lai: Peter Carter Esq., Assistant Federal Public Defender, NewarkGuo Information
Chen Information
Huang Information
Mo Information
Lai InformationFirst Cousins from La Plant Convicted of IncestRead the Press Release
United States Attorney Brendan V. Johnson announced that Nicholas Ray White Eagle, age 26, and Fawn Lynn Scott, age 20, of La Plant, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 14, 2013, and pled guilty to the Indictment that charged them with Incest.
The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 assessment to the Federal Crime Victims Fund.
On or about April 10, 2011, first cousins White Eagle and Scott had consensual sexual intercourse that produced a child with a genetic disability. At the time of the sexual intercourse, White Eagle and Scott were not legally married and were within the degrees of consanguinity with each other, within which a marriage was void.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.A presentence investigation was ordered, and a sentencing date was set for November 18, 2013.
White Eagle and Scott were released to third party custodians pending sentencing.Final Sentencing Concludes Fraud Prosecutions Related to 2011 Bastrop WildfiresRead the Press Release
Four Defendants Were Convicted Of Submitting False Claims To FEMA
United States Attorney Robert Pitman announced today that on Thursday, August 15, 2013, United States District Judge Sam Sparks sentenced Roy Albert McDougald, Jr., age 46, formerly of Spicewood, Texas, to imprisonment for 12 months and a day for making a false claim for housing benefits to the Federal Emergency Management Agency (“FEMA”) in the wake of the wildfires that erupted in Central Texas around Labor Day 2011. McDougald was the fourth of four defendants to be sentenced in the Austin Division of the Western District of Texas for similar crimes related to the wildfires.
The fires began on August 30, 2011, and destroyed more than a thousand homes as they continued into September. President Obama declared a major disaster on September 9, 2011. FEMA personnel began arriving in Central Texas to provide disaster relief while the wildfires were still burning, and they eventually processed thousands of applications for individual benefits. Among other forms of monetary relief, benefits up to a maximum of $30,200 were available to owners of homes that had been damaged or destroyed.
On December 4, 2012, a federal grand jury in Austin, Texas indicted three defendants on charges of filing a fraudulent claim for federal disaster relief, in violation of 18 U.S.C. § 1014. The Defendants were McDougald; Manuel Hernandez, age 53, of Smithville, Texas; and Ginger Roe, age 65, of Temple, Texas. On February 19, 2013, the federal grand jury indicted Andre Oliver, age 48, of Paige, Texas, on similar charges.
Each indictment alleged that the defendant had made a claim to FEMA for housing benefits, asserting that the wildfires had destroyed a trailer home that he or she owned and lived in as his or her primary residence. Each of the indictments alleged that the defendant’s claim was false and fraudulent, either because the trailer home was not the defendant’s primary residence or because the defendant did not own the trailer home. Hernandez, Roe, and Oliver each received $30,200 from FEMA based on their applications, and McDougald received $20,420.
Each of the four defendants eventually entered into a plea bargain with the United States Attorney’s Office, under which the defendants pleaded guilty to making a false claim to the United States, in violation of 18 U.S.C. § 287. McDougald was the last of the defendants to be sentenced, and the other three received sentences as follows: • On May 10, 2013, Judge Sparks sentenced Hernandez to a five-year term of probation and a $3,000 fine.
• On June 24, 2013, Judge Sparks sentenced Oliver to imprisonment for 12 months and a day, followed by a 3-year term of supervised release.
• On July 25, 2013, United States District Judge Lee Yeakel sentenced Roe to a five-year term of probation.Each of the four of the defendants was also ordered to repay to FEMA the money they received as a result of their false claim ($30,200 each for Hernandez, Olive and Roe, and $20,420 for McDougald).
These cases were investigated by the Office of Inspector General of the United States Department of Homeland Security.
Federal Grand Jury in South Bend Returns IndictmentsRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
South Bend, IN—The United States Attorney's Office announced that a Grand Jury sitting in South Bend, Indiana, returned the following Indictments on August 14, 2013:
Eric Gainer , 44, of Kewanna, Indiana, was charged in a one-count Indictment with providing false statements during the acquisition of a firearm. Charges were filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case has been assigned to and will be prosecuted by Assistant United States Attorney Donald J. Schmid.
Dontrell Smith, 24, of South Bend, Indiana, was charged in a three-count Indictment with one count of being a felon in possession of a firearm, one count of heroin distribution, and one count of assaulting a federal officer. Charges were filed as a result of an investigation by the South Bend Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case has been assigned to and will be prosecuted by Assistant United States Attorney Donald J. Schmid.
Michael Wilkman, 28, of Nappanee, Indiana, was charged in a one-count Indictment with being a felon in possession of firearms and ammunition. Charges were filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case has been assigned to and will be prosecuted by Assistant United States Attorney Donald J. Schmid.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines. .
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court
Federal Grand Jury in Fort Wayne Returns IndictmentRead the Press Release
Hammond South Bend Fort Wayne
Fort Wayne, Indiana - The United States Attorney's Office announced that a Grand Jury sitting in Fort Wayne, Indiana, returned the following Indictment on July 30, 2013:
Jimmie J. Burnette, Jr., 33, of Fort Wayne, Indiana, is charged in a single count Indictment with passing, presenting and uttering, a false and fictitious security on or about March 15, 2011. This charge was filed as a result of an investigation by the Federal Bureau of Investigation. This case has been assigned to and will be prosecuted by Assistant United States Attorney Tina L. Nommay.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.Father and Son Plead Guilty to Drug ChargesRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Eric De Leon-Navarro Sr., 46, and Eric De Leon, Jr., 27, both of Puerto Rico, pleaded guilty to drug conspiracy charges involving the trafficking of cocaine in Buffalo before U.S. District Court Judge Richard J. Arcara. Eric De Leon, Jr. admitted to distributing more than five kilograms of cocaine. Eric De Leon-Navarro, Sr. admitted to distributing more than 500 grams of cocaine.
When sentenced, Eric De Leon, Jr. faces a mandatory minimum 10 years in prison and a maximum penalty of life. Eric De Leon-Navarro, Sr. faces a mandatory minimum sentence of five years in prison and a maximum penalty of 40 years.
Assistant U.S. Attorney Melissa Marangola, who handled the case, stated this was a long-term investigation involving the use of confidential informants, wiretaps, surveillance and intercepted postal parcels. The defendants mailed kilogram quantities of cocaine via the United States Postal Service from Puerto Rico to family members in Buffalo. The family members, who have pled guilty and are awaiting sentencing, then distributed the cocaine for profit.
Sentencing is scheduled for January 14, 2013 before Judge Arcara.
The pleas are the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, the New York State Police, under the direction of Major Michael Cerretto, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Elizabeth, N.J. Man Indicted for String of Gunpoint Robberies of New Jersey BanksRead the Press Release
NEWARK, N.J. – A federal grand jury today returned an indictment charging an Elizabeth, N.J., man with a series of gunpoint bank robberies throughout New Jersey, U.S. Attorney Paul J. Fishman announced.
Claude Williams, 61, was charged with six bank robberies and two counts of using a firearm in furtherance of a crime of violence when he was arrested in July 2012. Today’s indictment adds multiple counts, and Williams now faces one count of conspiracy to commit bank robbery, seven counts of bank robbery, one count of attempted bank robbery and eight firearms counts in connection with the alleged robbery spree. Williams will be arraigned on the indictment on a date to be determined.
According to documents filed in this case and statements made in court:
Between Sept. 26, 2011, and July 30, 2012, Williams committed seven armed bank robberies and attempted to rob an eighth bank. He used a similar procedure for each robbery: after entering the bank armed with a handgun and wearing a bandana, hooded sweat shirt or jacket and white gloves, Williams would vault over the counter and demand money from bank tellers at gunpoint.
Williams robbed, or attempted to rob, the following banks:
Date
Bank
Location
Financial Resources Federal Credit Union
Somerset, N.J.
Nov. 21, 2011
Somerset Savings Bank
Somerville, N.J.
Feb. 27, 2012
Provident Bank
Piscataway, N.J.
April 17, 2012
Provident Bank
Clifton, N.J.
May 22, 2012
Provident Bank
Piscataway, N.J.
June 20, 2012
Fulton Bank
Metuchen, N.J.
July 12, 2012
Unity Bank
Middlesex, N.J.
July 30, 2012
Unity Bank
North Plainfield, N.J.
In several of the bank robberies, Williams sent a conspirator into the bank to case it shortly before he entered to commit the robbery.
Prior to the July 12, 2012, robbery, an unarmed, off-duty police officer was parked across from the Unity Bank. The officer observed Williams leave the bank, get into the rear of the getaway car, and crouch down to hide. After noting the license plate number, the officer followed the car.
After an unsuccessful attempt to elude the officer, the getaway car stopped. Williams got out of the car and pointed his gun at the officer, forcing the officer to leave the scene without apprehending Williams and his accomplice.
Later, on Friday, July 27, 2012, and Saturday, July 28, 2012, law enforcement observed Williams driving in the vicinity of a Unity Bank in Somerset, N.J. On July 30, 2012, law enforcement again observed Williams and accomplice Andrea Dorsey – who has since pleaded guilty to her involvement in some of the robberies – in the vicinity of the bank. Law enforcement stopped the car blocks from the bank and arrested Williams and Dorsey, finding a handgun and white gloves inside the car.
Each of the bank robbery charges carries a maximum potential penalty of 25 years in prison. The attempted bank robbery charge carries a maximum potential penalty of 20 years in prison. The first of the eight counts of using a firearm in furtherance of a crime of violence carries a mandatory minimum penalty of seven years and a maximum of life in prison; each additional count carries a mandatory minimum penalty of 25 years and a maximum of life in prison. Each charge also carries a maximum $250,000 fine.
U.S. Attorney Fishman praised special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation. He also thanked the Somerset County Prosecutors Office and the Middlesex Borough, Piscataway, Clifton, Metuchen, North Plainfield and Plainfield Police Departments for their excellent work.
The government is represented by Assistant U.S. Attorney Osmar J. Benvenuto of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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Defense counsel: Assistant Federal Public Defender Peter Carter Esq., NewarkWilliams Indictment
Eagle Butte Man Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 13, 2013, by U.S. District Judge Roberto A. Lange.
Terry Flying By, age 51, was sentenced to 3 months of imprisonment, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund. The Court also ordered forfeiture of $8,377.68.
The charge stems from an incident in September 2012, wherein Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from the Defendant’s residence in Eagle Butte. After obtaining a search warrant, law enforcement searched the residence and found marijuana, along with grinders, rolling papers, snort tubes, scales, roaches, and cash. Flying By admitted to the selling of marijuana in his home.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Flying By was immediately turned over to the custody of the U.S. Marshals Service.Eagle Butte Man Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Aadam Tiger, age 29, of Eagle Butte, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 13, 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 5 years of imprisonment, a $250,000 fine, or both; at least 2 years of supervised release, an additional 2 years of supervised release upon revocation; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident on December 2, 2011, wherein Cheyenne River Law Enforcement stopped the Defendant’s vehicle for a traffic violation, and the officer could smell marijuana coming from inside the vehicle. The officer was given consent to search the vehicle and found marijuana, plastic baggies, a grinder, a scale, zig-zag papers, roaches, and $725. Tiger had the intent to distribute some or all of the marijuana that was in his possession.
The investigation was conducted by Cheyenne River Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Tiger was released on bond pending sentencing which has been set for October 28, 2013.Dale Drew Old Horn, Allen Joseph Old Horn, and Shawn Talking Eagle Danforth Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on August 16, 2013, in Billings, after a federal district court trial before U.S. District Judge Sam E. Haddon, DALE DREW OLD HORN, a 68-year-old resident of Crow Agency, was found guilty of conspiracy to defraud the Crow Tribe, corrupt diversion of tribal revenues, theft from an organization receiving federal funding, and theft from an Indian Tribal Organization. ALLEN JOSEPH OLD HORN, a 40-year-old resident of Crow Agency, was found guilty of conspiracy to defraud the Crow Tribe, corrupt diversion of tribal revenues, theft from an organization receiving federal funding, theft from an Indian Tribal Organization, extortion involving a federally funded program, and federal income tax fraud. SHAWN TALKING EAGLE DANFORTH, a 37-year-old resident of Billings, was found guilty of conspiracy to defraud the Crow Tribe, corrupt diversion of tribal revenues, theft from an organization receiving federal funding, and theft from an Indian Tribal Organization. Sentencing for all of the defendants is set for December 10, 2013. Each defendant is currently released on special conditions.
Assistant U.S. Attorney Carl E. Rostad prosecuted the case for the United States.
Each defendant faces possible penalties of up to 20 years in prison, up to a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with
U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal
Investigation Division of the Internal Revenue Service.
Complaints Filed in Joint Investigation of Sex Offenses Involving ChildrenRead the Press Release
U.S. v. Richard Sullivan Benavente (293.97 KB)Saipan, MP – United States Attorney for the Districts of Guam and the Northern Mariana Islands Alicia A.G. Limtiaco, together with Commonwealth of the Northern Mariana Islands (CNMI) Attorney General Joey P. San Nicolas, Honolulu Federal Bureau of Investigation (FBI) Special Agent in Charge Vida Bottom, and CNMI Department of Public Safety Commissioner James Deleon Guerrero announced today the filing of federal charges stemming from a joint investigation of sex offenses involving children:
- a federal criminal complaint charging ANNETTE NAKATSUKASA BASA with Sex Trafficking of Children. A conviction carries a statutory minimum of at least ten years of imprisonment and up to a maximum sentence of life imprisonment.
- a federal criminal complaint charging RICHARD SULLIVAN BENAVENTE with Sexual Exploitation of Children. A conviction carries a statutory minimum of fifteen years of imprisonment and up to a maximum sentence of thirty years of imprisonment.
- Defendants BASA and BENAVENTE made their initial appearance today in the U.S. District Court before the Honorable Chief Judge Ramona V. Manglona. Detention hearings for both defendants will be held on Wednesday, August 21, 2013 at 9:00 AM and preliminary hearings will be held on Friday, August 30, 2013, at 9:00 AM, in the U.S. District Court for the NMI.
“Protecting our children and community from those who engage in human trafficking and the exploitation of children is a top priority of the Department of Justice,” said U.S. Attorney Limtiaco. “This investigation shows the commitment of federal and local law enforcement to work together to investigate and prosecute child exploitation and to rescue and assist victims.”
The investigation originated with the CNMI Department of Public Safety and was investigated jointly by DPS Criminal Bureau of Investigations and the FBI. The cases are being prosecuted by Assistant United States Attorneys Rami Badawy and Ross Naughton.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
Cigarette Trafficker SentencedRead the Press Release
HARRISONBURG, VIRGINIA – The final member of a conspiracy that purchased untaxed cigarettes in Virginia and transported them throughout the United States was sentenced this week in the United States District Court for the Western District of Virginia.
Anjay Patel, 37, of South Carolina, and others, were indicted in November 2011 on a variety of conspiracy, trafficking and money laundering charges. In February 2013, Patel pled guilty to conspiracy to distribute contraband cigarettes, conspiracy to commit money laundering, trafficking in contraband cigarettes, promotional money laundering, concealment money laundering and engaging in monetary transactions involving more than $10,000 in criminal proceeds. Wednesday in District Court, Patel was sentenced to 84 months incarceration, 2 years of supervised released, and ordered to forfeit substantial assets, including cash, real estate, vehicles, bank accounts, and personal property.
“Anjay Patel and his co-conspirators bought and sold millions of dollars’ worth of contraband cigarettes in an attempt to avoid paying taxes,” United States Attorney Timothy J. Heaphy said today. “In this sophisticated criminal operation, these defendants purchased untaxed cigarettes in Virginia and transported them to New York and other northeastern states for resale. In so doing, they deprived those states of substantial tax revenue. The extremely productive and skilled work of the ATF and other agents who pursued this case ensured that much of this tax money will be repaid and the defendants brought to justice.”
Christopher Pete Torres, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 15, 2013, before Chief U.S. District Judge Dana L. Christensen, CHRISTOPHER PETE TORRES, JR., a 37-year-old resident of Havre, was sentenced to a term of:
- Prison: 54 months
- Special Assessment: $100.00
- Supervised Release: 5 years
TORRES was sentenced in connection with his guilty plea to possession with intent to distribute cocaine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On February 14, 2012, a Havre police officer stopped TORRES' truck for speeding. As the officer approached the truck, he noticed TORRES was digging around the passenger seat and appeared to be moving something around. TORRES was the only person in the vehicle. When the officer got to the front driver's window, TORRES was shaking and smoking a cigarette. He would not make eye contact and he spoke in a nervous tone. The officer asked TORRES to step out of the truck while they waited for a K-9 unit to arrive. TORRES told the officer he had marijuana in the truck. He then added there were other drugs, as well as a handgun in the truck. Specifically, TORRES said there were a couple eight-balls of methamphetamine and cocaine.
The DEA lab analyzed the methamphetamine and cocaine. The lab concluded the methamphetamine was approximately 99% pure and contained 9.6 grams of actual (pure) methamphetamine. There was a net weight of 13.2 grams of cocaine, with 4.2 grams of actual cocaine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that TORRES will likely serve all of the time imposed by the court. In the federal system, TORRES does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Havre Police Department and the Tri-County Drug Task Force.
14 More Army National Guard Recruiters and Soldiers Charged in Ongoing Bribery and Fraud InvestigationRead the Press Release
To Date, 25 Individuals Charged in San Antonio and Houston Areas
HOUSTON – Fourteen current and former recruiters and soldiers of the U.S. Army National Guard have been charged for engaging in a multi-year scheme to defraud the U.S. Army National Guard Bureau, announced United States Attorney Kenneth Magidson and Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
The cases against all 14 defendants arise from an investigation involving allegations that former and current military recruiters and U.S. soldiers in the San Antonio and Houston areas engaged in a wide-ranging corruption scheme to illegally obtain fraudulent recruiting bonuses. To date, the investigation has led to charges against 25 individuals, 11 of whom have pleaded guilty.
According to court documents, in approximately September 2005, the National Guard Bureau entered into a contract with Document and Packaging Broker Inc. (Docupak) to administer the Guard Recruiting Assistance Program (G-RAP). The G-RAP was a recruiting program that offered monetary incentives to Army National Guard soldiers who referred others to join the Army National Guard. Through this program, a participating soldier could receive up to $3,000 in bonus payments for referring another individual to join. Based on certain milestones achieved by the referred soldier, a participating soldier would receive payment through direct deposit into the participating soldier’s designated bank account. To participate in the program, soldiers were required to create online recruiting assistant accounts.
In an indictment unsealed today in its entirety, Michael Rambaran, 50, of Pearland; and Edia Antoine, 27, Ernest A. Millien III, 49, and Christopher D. Renfro, 25, all of Houston, were charged with conspiracy, bribery, wire fraud and aggravated identity theft. According to court documents, between February 2008 and August 2011, Rambaran was a National Guard recruiter and Antoine, Millien and Renfro were recruiting assistants in G-RAP. Rambaran allegedly provided the names, addresses and Social Security numbers of potential soldiers to Antoine, Millien and Renfro so they could claim fraudulent recruiting referral bonus payments by falsely claiming they were responsible for referring those potential soldiers to join the military. The indictment alleges that Antoine, Millien and Renfro paid kickbacks to Rambaran by providing a portion of the fraudulent bonus payments.
In a separate indictment unsealed on Aug. 9, 2013, Zaunmine O. Duncan, 37, of Austin, was charged with conspiracy, bribery, wire fraud, aggravated identity theft and witness tampering. According to court documents, between February 2008 and August 2010, Duncan, an Army National Guard recruiter, allegedly provided the personal identifiers of potential soldiers to four co-conspirators, identified as Recruiting Assistants 1 through 4, who used the personal identifiers to claim fraudulent recruiting referral bonuses through their G-RAP accounts. According to the indictment, Recruiting Assistants 1 through 4 paid kickbacks to Duncan by providing a portion of the fraudulent proceeds. The indictment also alleges Duncan and Recruiting Assistant 1, without permission or lawful authority, used the identity of a potential soldier to set up a G-RAP account through which Duncan and Recruiting Assistant 1 received additional fraudulent bonus payments. The indictment also charges Duncan with witness tampering, alleging Duncan instructed a witness, identified in the indictment as Recruiting Assistant 1, to make certain false exculpatory statements to federal law enforcement officers.
In another related but separate indictment also unsealed on Aug. 9, 2013, Jammie T. Martin, 36, and Michelle H. Davis, 32, both of Katy; and Danielle V. Applin, 27, of Harker Heights, were charged with conspiracy, bribery, wire fraud and aggravated identity theft. According to the indictment, from February 2009 through April 2011, Martin served as an Army National Guard recruiter and Applin and Davis served as recruiting assistants with the G-RAP. According to court documents, Martin allegedly provided the personal identifiers of potential soldiers to Applin and Davis so they could claim fraudulent recruiting referral bonus payments by falsely claiming they were responsible for referring these potential soldiers to join the military. The indictment alleges Applin and Davis paid kickbacks to Martin by providing a portion of the fraudulent bonus payments.
In addition, in the last two weeks, Melanie D. Moraida, 33, of Pearland; Elisha M. Ceja, 26, of Barboursville, W.Va.; Kimberly N. Hartgraves, 28, of League City; Lashae C. Hawkins, 27, of San Antonio; and Annika S. Chambers, 27, and Vanessa Phillips, 35, both of Houston, were all charged in separate criminal informations with one count of conspiracy and one count of bribery.
A conviction for bribery carries as possible punishment a maximum penalty of 15 years in federal prison. Witness tampering and wire fraud, upon conviction, could each result in a maximum of 20 years imprisonment, while a conviction for the conspiracy charge carries a five-year maximum sentence. If convicted of aggravated identity theft, a defendant will also have to serve a mandatory penalty of two years in prison, which must be served consecutively to any other sentence imposed. All charges also carry a possible $250,000 maximum fine or twice the pecuniary gain or loss.
The cases are being investigated by special agents from the San Antonio Fraud Resident Agency of Army Criminal Investigation Command’s Major Procurement Fraud Unit. Assistant U.S. Attorney John Pearson and Trial Attorneys Edward J. Loya Jr., Brian A. Lichter, Sean F. Mulryne and Mark J. Cipolletti of the Criminal Division’s Public Integrity Section are prosecuting.
A defendant is presumed innocent unless convicted through due process of law.
15 August 2013
Westmoreland County Man Sentenced to 5 Years in Prison for Meth Distribution SchemeRead the Press Release
PITTSBURGH, Pa. - A resident of Harrison City, Pa., has been sentenced in federal court to five years imprisonment and four years supervised release, and ordered to pay a $17,500 fine, on his conviction of violating the federal narcotics laws, United States Attorney David J. Hickton announced today.
United States District Judge Joy Flowers Conti imposed the sentence on Kevin Nicol, 58.
According to information presented to the court, Nicol was involved in a conspiracy to distribute more than 50 grams of methamphetamine. The parties stipulated that 279.2 grams of "ice," also known as pure methamphetamine, were attributable to Nicol for purposes of the Sentencing Guidelines.
Prior to imposing sentence, Judge Conti stated that this was a very serious offense, and noted that the methamphetamine was over 94% pure.
Assistant United States Attorney Stephen R. Kaufman prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Drug Enforcement Administration and the Pennsylvania State Police for the investigation leading to the successful prosecution of Nicol.
West Monroe Man Convicted of Bank FraudRead the Press Release
MONROE, La. – United States Attorney Stephanie A. Finley announced that a federal jury found Glen A. “Andy” Miller, 48, of West Monroe, guilty Wednesday of bank fraud. United States District Judge Robert G. James presided over the trial.
Miller’s trial started Monday and ended Wednesday evening with the jury returning the guilty verdict after deliberating for seven hours. The evidence presented at trial established that from Sept. 24, 2010 until Jan. 25, 2011, Miller, an independent IT contractor, stole $97,413 from a Monroe company, Will Transport, where he was working at the time. Miller stole blank Will Transport company checks, made them payable to himself, and then used the company’s stamp to put signatures on the checks. Miller deposited these checks into his account at Capital One Bank and withdrew the funds shortly thereafter. The trial evidence also revealed that Miller was previously terminated from the city of West Monroe for the fraudulent use of a city issued credit card.
Miller faces 30 years in prison, a $1 million fine, restitution, and five years of supervised release for bank fraud. Sentencing has been set for November 4, 2013.
The U.S. Secret Service conducted the investigation. Assistant U.S. Attorney Brandon B. Brown prosecuted the case.
Volusia County Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
Orlando, Florida - Acting United States Attorney A. Lee Bentley, III announces that Tyler Andrew Smith (23, Port Orange) pleaded guilty this week to one count of distribution of child pornography and one count of possession of child pornography. Smith faces a maximum penalty of not less than 5 years, up to 20 years in federal prison for the distribution count, and a maximum penalty of 20 years in federal prison for the possession count. A sentencing hearing has been set for November 4, 2013. Smith was indicted on June 5, 2013.
According to court documents, on July 31, 2012, Smith used his email account to send an email containing an image of child pornography to an individual in another state. In April 2013, law enforcement discovered Smith's email with the attached child pornography image during an investigation into the individual in the other state. On March 16, 2013, federal agents went to Smith's residence in Volusia County and interviewed him. Smith turned over to agents a cellular telephone with a memory card, a netbook computer, and an SD memory card, all three of which contained child pornography. Smith admitted, among other things, that he sent the email with the attached child pornography image, that he used email accounts and the Internet to collect and trade child pornography, and that the devices containing child pornography belonged to him. Smith was subsequently arrested.
This case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) with assistance from the Brevard County Sheriff's Office. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
U.S. Attorney John S. Leonardo Statement – “smart on Crime” InitiativeRead the Press Release
PHOENIX – U.S. Attorney John S. Leonardo offers the following statement concerning the U.S. Department of Justice’s “Smart on Crime” initiative announced this week:
“I fully support the Attorney General’s revised charging policy for drug offenders. It will allow us to save millions of dollars unnecessarily spent to incarcerate non-violent, low level drug offenders in overcrowded prisons and redirect those resources to the prosecution and imprisonment of high level, serious drug offenders with violent criminal histories who pose a real danger to the community. This is a common sense, positive reform that provides federal prosecutors and the courts with the discretion and the opportunity to better achieve justice while reducing costs and continuing to maintain public safety.”
RELEASE NUMBER: 2013-066_USA-SmartOnCrimeInitiative
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Twelve from Northeast Ohio Indicted in Cocaine ConspiracyRead the Press Release
Twelve men from Northeast Ohio were indicted on charges of conspiracy to possess with intent to distribute cocaine and related charges, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office.
Named in the 27-count indictment are as follows (they live in Cleveland unless otherwise noted): Troy Williams, 43, of Willoughby Hills; Jason Phillips, 34; Joseph Phillips, 39, of Brooklyn; Anthony Evans, 45; Louis Roberto, 33; Relan Derby, 39, of Euclid; Jack Houchens Jr., 53; Jose Antonio Gonzales II, 20; Vaughn Moore, 52; Michael Bergant, 52, of Mentor; David Bergant, 56, and Lamont Thomas, 41.
Jason and Joseph Phillips obtained multi-kilogram shipments of cocaine from Derby and Williams. All the men charged then arranged for or assisted in the redistribution of the cocaine in the Northern District of Ohio and elsewhere, according to the indictment.The conspiracy took place between 2010 and the present, according to the indictment.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
These cases are being prosecuted by Assistant U.S. Attorney Robert F. Corts following an investigation by the Northern Ohio Law Enforcement Task Force, a multi-agency task force comprised of investigators from the FBI, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, Immigration and Customs Enforcement, U.S. Coast Guard Investigative Service, Cleveland Division of Police, Cleveland Heights Police Department, Cuyahoga County Sheriff’s Office, Euclid Police Department, Regional Transit Authority Police Department, Strongsville Police Department, Westlake Police Department and Shaker Heights Police Department. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area (HIDTA) initiatives. The HIDTA Program supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug-trafficking in Ohio.
An indictment is simply a charge and is not evidence of guilt. The defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Timber Lake Woman Charged with Wire FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, woman has been indicted by a federal grand jury for two counts of Wire Fraud.
Crystal Dawn Lind, age 45, was indicted by a federal grand jury on July 17, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 12, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 20 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to an alleged incident in which Lind attempted, by wire fraud, to pre-date her son’s car insurance coverage so he could avoid paying for damages he caused to another vehicle, and to avoid a No Insurance citation that was issued to her son.
The charges are merely accusations and Lind is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of Attorney General, Division of Criminal Investigation. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Lind was released on bond pending trial. A trial date has not been set.Three Members and One Associate of Violent North Carolina Latin Kings Gang Sentenced to PrisonRead the Press Release
Three members and one associate of the North Carolina Almighty Latin King/Queen Nation (ALKQN) have been sentenced this week in federal court in the Middle District of North Carolina.
The announcement was made today by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Ripley Rand of the Middle District of North Carolina; Special Agent in Charge John A. Strong of the FBI’s Charlotte Division; Chief of the Greensboro, N.C., Police Department Ken Miller; and B.J. Barnes, Sheriff of Guilford County, N.C.
U.S. District Court Judge James A. Beaty Jr. sentenced the following defendants:
• Jorge Peter Cornell, 36, of Greensboro, N.C., aka “King Jay,” was sentenced on Aug. 14, 2013, to serve 336 months in prison; • Jason Paul Yates, 32, originally of Chicago but recently living in North Carolina, aka “King Squirrel,” was sentenced on Aug. 15, 2013, to serve 206 months in prison; • Steaphan Acencio-Vasquez, 22, of Raleigh, N.C., aka “King Leo,” was sentenced on Aug. 13, 2013, to serve 96 months in prison and three years of supervised release; and
• Ernesto Wilson, 55, of New York City, aka “Yayo,” was sentenced on Aug. 13, 2013, to serve 204 months in prison and three years of supervised release.
Cornell, the leader of the North Carolina ALKQN, was convicted by a federal jury on Nov. 21, 2012, of racketeering conspiracy, violent crimes in aid of racketeering activity and use of a firearm during and in relation to a crime of violence for an April 2008 assault with a dangerous weapon.
Wilson, an ALKQN associate, was convicted by a federal jury on Nov. 21, 2012, of racketeering conspiracy.ALKQN members Yates and Acencio-Vasquez previously pleaded guilty to racketeering conspiracy.
According to court documents and evidence presented at trial, the defendants were members and associates of ALKQN, a violent street gang that originated in Chicago in the 1960s and ultimately migrated to cities throughout the United States, including New York City and ultimately Greensboro in 2002. From approximately 2005 until December 2011, ALKQN gang members met on a regular basis to increase their knowledge base of the gang rules; discuss criminal activity and how to deal with rival gangs, including by attempted murder; purchase firearms; circulate firearms for use in criminal activity by other ALKQN members; and engage in violent crimes such as robberies, bank fraud, arson and carjacking. The proceeds of this criminal activity helped to finance the gang’s illegal activities. ALKQN members also attempted to murder members of the gang when they attempted to terminate their membership.
Evidence presented at trial also showed that Cornell conspired with other ALKQN members to commit racketeering acts, including the April 2008 shooting of a rival gang member; the commissioning of no fewer than five Hobbs Act Robberies of businesses located throughout the Greensboro area; the plotting of firebomb attacks on the residences of former ALKQN members; attacks on former ALKQN members; and the killing of former ALKQN members through drive-by shootings. Cornell also provided firearms to members of ALKQN to commit several of these crimes.
ALKQN member Wesley Anderson Williams, who pleaded guilty on Oct. 1, 2012, to racketeering conspiracy, will be sentenced by Judge Beaty on Aug. 20, 2013. Russell Lloyd Kilfoil, an ALKQN member who was convicted by a federal jury on Nov. 21, 2012, will be sentenced on Aug. 28, 2013.
The investigation was a joint operation conducted by the FBI’s Greensboro Field Office, Greensboro Police Department and the Guilford County Sheriff’s Office.
The case was prosecuted by Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Robert A.J. Lang of the Middle District of North Carolina.
Three Members and One Associate of Violent North Carolina Latin Kings Gang Sentenced to PrisonRead the Press Release
WASHINGTON – Three members and one associate of the North Carolina Almighty Latin King/Queen Nation (ALKQN) have been sentenced this week in federal court in the Middle District of North Carolina.
The announcement was made today by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Ripley Rand of the Middle District of North Carolina; Special Agent in Charge John A. Strong of the FBI’s Charlotte Division; Chief of the Greensboro, N.C., Police Department Ken Miller; and B.J. Barnes, Sheriff of Guilford County, N.C.
"The leader of this gang cynically masqueraded as a public figure dedicated to positive social change, but make no mistake: his intentions were evil, and he exploited the good intentions of others, including children. Our community is better off because he and the other defendants face lengthy sentences," said United States Attorney Rand. "This case is a compelling example of the power of effective partnership between federal, state, and local authorities, and we thank the many agencies who worked with us to bring these violent offenders to justice. We will continue to work together to promote the safety of the citizens of North Carolina, and to make sure that those who ignore our laws are punished accordingly."
U.S. District Court Judge James A. Beaty, Jr., sentenced the following defendants:
- Jorge Peter Cornell, 36, of Greensboro, N.C., aka “King Jay,” was sentenced on Aug. 14, 2013, to serve 336 months in prison;
- Jason Paul Yates, 32, originally of Chicago but recently living in North Carolina, aka “King Squirrel,” was sentenced on Aug. 15, 2013, to serve 206 months in prison;
- Steaphan Acencio-Vasquez, 22, of Raleigh, N.C., aka “King Leo,” was sentenced on Aug. 13, 2013, to serve 96 months in prison and three years of supervised release; and
Cornell, the leader of the North Carolina ALKQN, was convicted by a federal jury on Nov. 21, 2012, of racketeering conspiracy, violent crimes in aid of racketeering activity and use of a firearm during and in relation to a crime of violence for an April 2008 assault with a dangerous weapon.
Wilson, an ALKQN associate, was convicted by a federal jury on Nov. 21, 2012, of racketeering conspiracy.
ALKQN members Yates and Acencio-Vasquez previously pleaded guilty to racketeering conspiracy.
According to court documents and evidence presented at trial, the defendants were members and associates of ALKQN, a violent street gang that originated in Chicago in the 1960s and ultimately migrated to cities throughout the United States, including New York City and ultimately Greensboro in 2002. From approximately 2005 until December 2011, ALKQN gang members met on a regular basis to increase their knowledge base of the gang rules; discuss criminal activity and how to deal with rival gangs, including by attempted murder; purchase firearms; circulate firearms for use in criminal activity by other ALKQN members; and engage in violent crimes such as robberies, bank fraud, arson and carjacking. The proceeds of this criminal activity helped to finance the gang’s illegal activities. ALKQN members also attempted to murder members of the gang when they attempted to terminate their membership.
Evidence presented at trial also showed that Cornell conspired with other ALKQN members to commit racketeering acts, including the April 2008 shooting of a rival gang member; the commissioning of no fewer than five Hobbs Act Robberies of businesses located throughout the Greensboro area; the plotting of firebomb attacks on the residences of former ALKQN members; attacks on former ALKQN members; and the killing of former ALKQN members through drive-by shootings. Cornell also provided firearms to members of ALKQN to commit several of these crimes.
ALKQN member Wesley Anderson Williams, who pleaded guilty on Oct. 1, 2012, to racketeering conspiracy, will be sentenced by Judge Beaty on Aug. 20, 2013. Russell Lloyd Kilfoil, an ALKQN member who was convicted by a federal jury on Nov. 21, 2012, will be sentenced on Aug. 28, 2013.
The investigation was a joint operation conducted by the FBI’s Greensboro Field Office; Greensboro Police Department; and the Guilford County Sheriff’s Office.
The case was prosecuted by Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Robert A.J. Lang of the Middle District of North Carolina.
Sturgis Man and Woman Indicted for FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sturgis, South Dakota, husband and wife were indicted by a federal grand jury for engaging in a scheme to submit employment petitions for foreign workers to the U.S. Department of Homeland Security and the U.S. Department of Labor in order to obtain temporary work visas for the workers. The petitions contained false statements about fees collected from the workers.
Both defendants were released on bond. A trial date has not been set.
Scott Kaubisch, age 50, and Shiela Kaubisch, a/k/a Maria Shiela Santos Kaubisch, age 53, were indicted on August 13, 2013, for Conspiracy to Commit an Offense or to Defraud the United States, Wire Fraud, False Swearing in an Immigration Matter, and False Statement. Both Kaubisches appeared before U.S. Magistrate Judge Veronica L. Duffy in Rapid City on August 14, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 20 years’ imprisonment and/or a $250,000.00 fine. The charges are merely accusations and the Kaubisches are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Homeland Security – Homeland Security Investigations, the Department of State - Diplomatic Security Service, the U.S. Department of Labor, Office of Inspector General - Office of Labor Racketeering and Fraud Investigation, and the U.S. Citizenship and Immigration Services – Fraud Detection and National Security. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.Significant Cocaine Trafficker Responsible for Double Homicide SentencedRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Kevin Lamont Anderson, a/k/a "Cuda," 40, of Rochester, N.Y., who was convicted following a jury trial of conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base and five kilograms or more of cocaine, conspiracy to commit money laundering, and maintaining a drug-involved premises, was sentenced to life in prison by U.S. District Judge Charles J. Siragusa. Judge Siragusa also ordered Anderson to forfeit $1,000,000 to the United States, which the jury determined represented the amount of proceeds from the drug trafficking conspiracy.
Assistant U.S. Attorneys Frank H. Sherman and Everardo Rodriguez, who handled the case, stated that the defendant led a group of drug dealers which distributed crack and powder cocaine between 1990 and December 2005. During this time period, the conspirators primarily utilized houses in northeast Rochester controlled by Anderson to distribute their drugs.
Between June 2003 and January 2005, the defendant paid over $467,000 in cash to construct and furnish a house in Holley, N.Y. While the purchase and construction money came from Anderson’s drug trafficking activities, Anderson had his grandmother, Juliet Anderson, purchase the Holley residence in her name in order to conceal where the funds originated. Juliet Anderson, who was previously convicted of participating in this money laundering conspiracy, forfeited the house in Holley to the Government and was sentenced to two years probation.
Also as part of the sentencing proceeding, the Government proved that the defendant was responsible for the double homicide in May 2002 of Clifford Robinson and Allen Tyrone Smith in Rochester. Anderson was found by Judge Siragusa to have shot both Robinson and Smith in a house located at 279 Avenue A in Rochester in furtherance of Anderson’s drug trafficking operation. With the help of several co-conspirators, the defendant placed the victims bodies in Clifford Robinson's vehicle and left the vehicle on Cutler Street in Rochester. The police found the bodies in the parked vehicle on May 15, 2002, two days after the murders.
“This case demonstrates the extreme violence often perpetrated by narcotics trafficking gangs,” said U.S. Attorney Hochul. “While nothing can be done to bring the victims back home to their families, at least the public can be assured that this defendant will never again walk the streets of Rochester or any other peace loving community.”
Eight other defendants in the case have been previously sentenced for their involvement in the case.
The sentencing is the result of an investigation on the part of the Special Investigations Section of the Rochester Police Department, under the direction of Chief James Sheppard, Special Agents of the Internal Revenue Service, under the direction of Special Agent-in-Charge Toni M. Weirauch, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Scott Heagney.Seven Plead Guilty to Drug Charges in E. Idaho Trafficking OperationsRead the Press Release
POCATELLO – U.S. Attorney Wendy J. Olson announced today that seven defendants pleaded guilty to methamphetamine distribution charges this week in United States District Court in Pocatello. The defendants were charged in two separate indictments.
Juan Carlos Garcia, 35, of Idaho Falls, Idaho, pleaded guilty on Monday to conspiracy to distribute 50 grams or more of actual methamphetamine. Co-defendant Benito Vasquez Joya, 58, of Rigby Idaho, pleaded guilty to possession with intent to distribute 50 grams or more of actual methamphetamine.
Fausto Enrique Urias, 32, and Erica Rodriguez, 33, both of Idaho Falls, pleaded guilty on Tuesday to conspiracy to distribute 50 grams or more of actual methamphetamine. Misty Chapman, 29, of Idaho Falls, pleaded guilty to distribution of methamphetamine.
Garcia, Joya, Urias, Chapman and Rodriguez are scheduled to be sentenced on October 23, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
According to plea agreements filed in the case, between November 2009 and October 23, 2012, Urias and Garcia conspired to possess and distribute methamphetamine to other individuals in the Idaho Falls area. According to court documents, Urias and Garcia were previously convicted of felony possession of a controlled substance in Bonneville County, Idaho, on November 9, 2004, and June 7, 2005, respectively.
Co-conspirator Marco Antonio Echeverria, 25, of Idaho Falls, is scheduled to enter a guilty plea to related drug charges on August 29, 2013.
In a separate case, Josue Rodriguez-Sanchez, 25, and Julian Vega-Valdez, 25, both of Idaho Falls, pleaded guilty on Wednesday. Rodriguez-Sanchez pleaded guilty to conspiracy to possess with intent to distribute 50 grams or more of actual methamphetamine; Vega-Valdez pleaded guilty to distribution of five grams or more of actual methamphetamine. Sentencing is set for November 18, 2013, in Pocatello. Co-defendant Fernando Garcia, 31, of Logan, Utah, is scheduled to plead guilty on August 29, 2013.
The charges of conspiracy and possession with intent to distribute 50 grams or more of actual methamphetamine carries a minimum term of 10 years in prison, a fine of up to $10 million, and at least five years of supervised release. Where Urias and Garcia were previously convicted of felony drug offenses, however, they face a mandatory minimum terms of 20 years, fines of up to $20 million, and at least ten years of supervised release for conspiracy to distribute 50 grams of more of actual methamphetamine. Possession with intent to distribute five grams or more of actual methamphetamine carries a minimum term of five years in prison, a fine of up to $5 million, and at least four years of supervised release. Distribution of an undetermined amount of methamphetamine is punishable by up to 20 years in prison, a fine of up to $1 million, and at least three years of supervised release.
The charges are the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Idaho State Police, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Bonneville County Sheriff's Office, Idaho Falls Police Department, Madison County Sheriff's Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Sentences for August 14 – 15, 2013Read the Press Release
United States Attorney Christopher A. Croft s announced today that on August 14, 2013, Corey James Hill, a 19-year-old enrolled Northern Arapaho man from Ethete, Wyoming, was sentenced by Chief United States District Judge Nancy D. Freudenthal for Assaulting/Resisting a Federal Officer. He received 44 months of imprisonment to be followed by two years of supervised release and a $100.00 special assessment he charge stemmed from a January 31, 2013, incident on the Wind River Indian Reservation where Hill assaulted a Bureau of Indian Affairs Officer with a knife. The case was investigated by the Federal Bureau of Investigation.
United States Attorney Christopher A. Crofts announced today that on August 15, 2013, Jason Lloyd Deal, 28 of Torrington, Wyoming, as sentenced by Chief District Court Judge Nancy D. Freudenthal for Possession of Obscene Material. He received 4 years of imprisonment to be followed by three years of supervised elease and is required to pay a $100.00 special assessment. The charge was the result of inappropriate correspondence and sexually explicit pictures of a 16 year old out-of-state female obtained by Deal on his computer. This case was investigated by the Federal Bureau of Investigation.
United States Attorney Christopher A. Crofts announced today that on August 14, 2013, Brenda Murray, 52, of Evanston, Wyoming, was sentenced by Chief District Court Judge Nancy D. Freudenthal for Health Care Fraud. Murray was sentenced to five months of home confinement, two years of probation and ordered to pay restitution in the amount of $56,496.15. Murray admitted to fraudulently billing Medicaid or health care services provided between January 1, 2009 and May 26, 2011. This case was investigated by the State of Wyoming Medicaid Fraud Unit.
Saratoga Man Pleads Guilty to Failing to Update His Sex Offender Registration InformationRead the Press Release
Defendant Moved from Elk City, Oklahoma to Saratoga Springs, New York without Properly Registering as a Sex Offender
ALBANY, NEW YORK — EUGENE PERIARD, age 34, of Saratoga Springs, New York, pled guilty today in Albany before Chief United States District Court Judge Gary L. Sharpe to one count of failing to update his sex offender registration information, announced United States Attorney Richard S. Hartunian and David McNulty, U.S. Marshal for the Northern District of New York. PERIARD faces a maximum sentence of ten years of imprisonment. PERIARD was detained pending his sentencing.
During the plea proceeding, PERIARD admitted that in 2007 he was convicted of a sex offense in the State of Oklahoma. PERIARD also admitted that in early April 2013 he moved from Elk City, Oklahoma to Saratoga Springs, New York and lived in Saratoga Springs until the time of his arrest on April 30, 2013. Records from the sex offender registries in Oklahoma and New York established that PERIARD did not update his change of address information in Oklahoma and did not register as a sex offender in New York.
Sentencing is scheduled for December 9, 2013, at 11 a.m. in Albany, New York. This case was investigated by the Saratoga Springs Police Department and the U.S. Marshals Service.
Rosebud Man Sentenced for Conspiracy to Distribute Marijuana and Possession of MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Conspiracy to Distribute Marijuana and Possession of Methamphetamine in two different cases, was sentenced on August 12, 2013, by U.S. District Judge Roberto A. Lange.
Phillip Stands, age 50, was sentenced to 44 months of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for conspiracy to distribute between 50 and 100 kilograms of marijuana. He was sentenced to an additional 6 months of custody, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund for possession of methamphetamine. The two sentences are to be served consecutively.
Stands was indicted on August 29, 2012, for three counts of conspiracy to distribute methamphetamine, cocaine and marijuana. He pled guilty to a Superseding Information in May 2013 charging him with one count of conspiracy to distribute marijuana. The conspiracy conviction arose from incidents that occurred in Todd County beginning in October 2008 and continuing to August 2012, when Stands conspired to distribute between 50 and 100 kilograms of marijuana.
Regarding the possession conviction, Stands was indicted by a federal grand jury on August 22, 2012, for two counts of possession with intent to distribute methamphetamine. He pled guilty to a Superseding Information charging him with possession of methamphetamine in May 2013. The conviction in this case stems from an incident in March 2012 when law enforcement discovered a small amount of methamphetamine on Stands.
The investigations were conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement. The cases were prosecuted by Assistant U.S. Attorneys Kathryn N. Rich and Jay Miller.
Stands was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.Rosebud Man Charged with Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that Ricky Eagle Elk, age 45, of Rosebud, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 14, 2013, and pled guilty to Sexual Abuse.
The maximum penalty upon conviction is life in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on August 27, 2012, when Eagle Elk performed an act of sexual penetration with the victim when the victim was not capable of consent.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered and a sentencing date was set for November 4, 2013. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.Richmond Man Sentenced to 4 Years for $2.5 Million Fraud SchemeRead the Press Release
RICHMOND, Va. Barton Pasco, 58, of Richmond, Va., was sentenced today to 48 months in prison, followed by 3 years of supervised release, for stealing $2.5 million from a family trust.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; and Jeffrey C. Mazanec, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by United States District Judge John A. Gibney, Jr.
Pasco pleaded guilty to one count of wire fraud on May 1, 2013. According to court documents, Pasco was the Trustee for several of the trusts created by his parents. From 2000 through about July 2010, Pasco fraudulently obtained $2.5 million from the Trusts by transferring funds from the Trusts in the form of checks, cash withdrawals, and wire transfers for his own benefit.
This case was investigated by the FBI. Assistant United States Attorney Heather L. Hart prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Pulaski County Sheriff’s Deputy Indicted for Federal Civil Rights ViolationRead the Press Release
U.S. Attorney for the Western District of Kentucky David J. Hale and Acting Assistant Attorney General for the Civil Rights Division Jocelyn Samuels announced that Steven Molen, a Sheriff’s Deputy with the Pulaski County Sheriff’s Office, was indicted yesterday by a federal grand jury on one count of violating the civil rights of a victim by using excessive force in August 2008.
The indictment alleges that on Aug. 24, 2008, Molen assaulted a victim identified in the indictment as “C.F.,” resulting in bodily injury.
On June 27, 2013, a federal grand jury in the Eastern District of Kentucky indicted Molen on two other counts of violating the civil rights of different victims by using excessive force in 2009 and 2011.
The investigation was conducted by the FBI. The cases against Molen will be prosecuted by Assistant U.S. Attorney Joshua Judd from the Western District of Kentucky, Assistant U.S. Attorneys Pat Molloy and Ron Walker from the Eastern District of Kentucky, and Trial Attorney Ali Ahmad from the Civil Rights Division.
The charges set forth in an indictment are merely accusations and the defendant is presumed innocent until proven guilty.