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26 July 2013
Vermont Man Charged with Obtaining U.S. Citizenship by Failing to Disclose Violent Crimes Committed During the Bosnian ConflictRead the Press Release
Edin Sakoc, 54, of Burlington, Vt., was arrested today on charges that he obtained his naturalized citizenship through fraud by failing to disclose his prior acts of persecution and crimes committed during the Bosnian conflict, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Tristram J. Coffin of the District of Vermont, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge in Boston Bruce M. Foucart and Special Agent in Charge Andrew W. Vale of the FBI’s Albany, N.Y., Field Office.
According to the indictment filed in Burlington, Sakoc committed naturalization fraud by providing false and fraudulent information about his commission of crimes and his participation in the persecution of Bosnian Serbs during the conflict in Bosnia-Herzegovina. Specifically, the indictment alleges that, in July 1992, Sakoc kidnapped and raped a Bosnian Serb woman and aided and abetted the murder of her elderly mother and aunt. Sakoc also allegedly aided and abetted the burning of the victims’ family home. According to the indictment, Sakoc allegedly failed to disclose his participation in these activities during his immigration and naturalization process.
Sakoc was charged in a two-count indictment filed yesterday in the U.S. District Court in the District of Vermont. The charges carry a maximum sentence of 10 years in prison as well as automatic revocation of his U.S. citizenship and a fine of up to $250,000.The case is being investigated jointly by HSI Burlington and the FBI’s Albany Division. ICE’s Human Rights Violators and War Crimes Center assisted in this investigation. Valuable assistance was provided by the Criminal Division’s Office of International Affairs and its counterpart at the Prosecutor’s Office of Bosnia and Herzegovina.
Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the Human Rights and Special Prosecutions Section at [email protected] or toll-free at 1-800-813-5863 or the HSI tip line at 1-866-DHS-2-ICE or to complete its online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp.
The case is being prosecuted by Senior Trial Attorney Matthew C. Singer of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Eugenia Cowles of the District of Vermont.
The charges in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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Indictment
Two Red Lake Women Indicted for KidnappingRead the Press Release
MINNEAPOLIS—A federal indictment unsealed recently charges two Red Lake women in connection to kidnapping. The indictment, which was filed on July 23, 2013, specifically charges Melanie Rose Benais, age 27, and Ronalda Myra Smith, age 33, with one count of kidnapping. On July 24, 2013, the indictment was unsealed following the defendants’ initial appearance in federal court.
The indictment alleges that on June 13, 2013, the defendants kidnapped another person while on the Red Lake Indian Reservation and held that person against their will.
If convicted, the defendants face a potential maximum penalty of life in prison. Any sentence would be determined by a federal district court judge. This case is the result of an investigation by the Red Lake Tribal Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Deidre Y. Aanstad.
Because the Red Lake Indian Reservation is a federal-jurisdiction reservation, some of the crimes that occur there are investigated by the FBI in conjunction with the Red Lake Tribal Police Department. Those cases are prosecuted by the U.S. Attorney’s Office.An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.
Two Louisiana Men Indicted for Threatening to Retaliate Against a Witness in a Federal Tax TrialRead the Press Release
The Justice Department announced today that a federal grand jury in Baton Rouge, La., returned an indictment yesterday charging Anthony Williams and Bobby Riley with conspiring to threaten to retaliate against a witness in a federal trial, threatening to retaliate against a witness in a federal trial and making false statements to federal agents.
According to the indictment, Williams and Riley, both residents of Baton Rouge, threatened to cause bodily injury to a witness who testified in the federal trial of United States v. Angela Myers. The indictment alleges that Williams and Riley made a threat via Instagram with the intent to retaliate against the witness for his testimony in the Myers trial. In March 2013, Myers was convicted by a jury of twenty-one federal felonies in a stolen identity tax refund fraud prosecution. The indictment also alleges that Williams and Riley made false statements to federal agents in March 2013.
An indictment merely alleges that crimes have been committed, and each defendant is presumed innocent of all crimes until proven guilty beyond a reasonable doubt. If convicted, Riley and Williams each face a potential maximum sentence of 30 years in federal prison.
This case was investigated by Special Agents of the IRS - Criminal Investigation and the Treasury Inspector General for Tax Administration. Trial Attorneys Justin Gelfand and Jason Poole of the Justice Department’s Tax Division are prosecuting the case with the assistance of the U.S. Attorney’s Office for the Middle District of Louisiana.
Thomas Roderick Yallup, 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 July 25, 2013, before U.S. District Judge Dana L. Christensen, THOMAS RODERICK YALLUP, JR., a 30-year-old resident of Box Elder and an enrolled member of the Rocky Boy's Indian Reservation, was sentenced to a term of:
Prison: 33 months
Special Assessment: $100
Supervised Release: 3 years
YALLUP was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorneys Chad C. Spraker and Danna R. Jackson, the government stated it would have proved at trial the following:
On October 15,2011, within the exterior boundaries of the Rocky Boy's Indian Reservation, YALLUP assaulted "X.X." As a result of the assault, "X.X." was injured. The victim suffered bite marks, bruising throughout her body, and had pelvic pain so intense she had difficulty walking. "X.X." experienced extreme physical pain. She was in the emergency room for over five hours and was provided medication for her pain.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that YALLUP will likely serve all of the time imposed by the court. In the federal system, YALLUP 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 conducted by the Federal Bureau of Investigation.
Sullivan County Hedge Fund PresidentPleads Guilty to Securities FraudRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that LLOYD BARRIGER, former president and principal shareholder of the Gaffken & Barriger Fund LLC (the “Fund”), which was a hedge fund based in Monticello, New York, pled guilty today in White Plains federal court to a four-count Superseding Indictment charging him with securities fraud, conspiracy to commit securities fraud, mail fraud, and conspiracy to commit mail fraud in connection with a $12.6 million investment fraud scheme.
Manhattan U.S. Attorney Preet Bharara said: “Once again, belief in hedge funds by hopeful investors proved to be sadly misplaced. In this case, the perpetrator was not in a sleek Manhattan building but rather in Sullivan County. Mr. Barriger's guilty plea brings to an end his fraud. We hope that all our cases big and small exposing frauds in hedge funds will convince other fund operators to adhere to the duties of trust and honesty that they owe their investors.”
According to the Superseding Indictment filed in White Plains federal court:
From July 2006 through March 2008, when he froze the Fund, BARRIGER solicited approximately $12.6 million dollars from over 70 investors by deceiving them about the Fund’s performance. During this time period, the Fund invested primarily in real estate collateralized commercial mortgage loans. BARRIGER described the Fund to prospective investors as a safe and liquid investment that paid a minimum return of eight percent per year, which BARRIGER referred to as the “Preferred Return.” He then reported this Preferred Return to investors as income on periodic account statements produced by the Fund. The Preferred Return was supposed to be funded by the Fund’s net income and thus subject to the Fund’s actual performance. However, BARRIGER knew that the Fund’s actual performance did not justify these performance claims.
BARRIGER tricked investors into investing their money by concealing material information from them, including that (1) the Fund had incurred a loss of $600,000 in 2005; (2) the Fund lacked sufficient income to support the promised eight percent Preferred Return; (3) the Fund only continued to pay the Preferred Return – when it actually paid the return rather than simply credit it to investors’ accounts – by funding payments with investor capital, rather than income; (4) the Fund disguised the lack of income by creating a large and growing deficit in BARRIGER’s capital account with the Fund; (5) as a result of the failure of its borrowers to repay their loans, the Fund experienced a severe liquidity crunch and could not meet any substantial amount of withdrawal requests; (6) the Fund had defaulted on its $20 million line of credit with a third party lender in March 2007 and remained in default for much of the period thereafter, which entitled the lender to prohibit distributions to investors and to seize the Fund’s assets; and (7) delinquencies in the Fund’s loan portfolio spiked to over approximately 25% in July 2007 and increased to approximately 34% in November 2007.
In a letter dated May 30, 2008, BARRIGER told the investors that the Fund wrote down the value of the portfolio by approximately 40% and that there was a total reduction in investors’ capital accounts from $25,538,530 to $15,003,208.
BARRIGER, 57, of Damascus, Pennsylvania, faces a maximum sentence of 65 years in prison. The Government notified BARRIGER in the Superseding Indictment that it would seek to forfeit at least $12.6 million from him, representing the proceeds of his charged crimes. BARRIGER is scheduled to be sentenced by U.S. District Court Judge Cathy Seibel on November 15, 2013.
Mr. Bharara praised the work of the Federal Bureau of Investigation and thanked the U.S. Securities and Exchange Commission for its extraordinary assistance in the investigation.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force, on which Mr. Bharara serves as a Co-Chair of the Securities and Commodities Fraud Working Group. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
This case is being handled by the White Plains Division. Assistant United States Attorneys Jeffrey Alberts and John P. Collins, Jr. are in charge of the prosecution.
U.S. v. Barriger, Lloyd S1 Indictment
St. Petersburg Man Arrested on Charges of Possession and Distribution of Child PornographyRead the Press Release
Tampa, FL - Acting United States Attorney A. Lee Bentley, III announces the arrest of Donald E. Gallagher, Jr. (51, St. Petersburg), on charges of distribution and possession of child pornography. If convicted, Gallagher faces a mandatory minimum penalty of 5 years and a maximum penalty of 20 years in federal prison on the distribution charge, and a maximum of 10 years in federal prison on the possession charge.
According to the complaint, Gallagher used an online peer-to-peer file sharing program to download and share numerous images and videos of minors, some pre-pubescent, engaging in explicit sexual activity. Based upon the investigation into the origin of these images, the Federal Bureau of Investigation obtained and executed a federal search warrant at a residence in St. Petersburg. During the search on July 24, 2013, agents located and seized a laptop computer belonging to Gallagher. A preliminary examination of the computer revealed hundreds of images of child pornography.
An complaint is merely a charge that probable cause exists that a defendant has committed a violation of the federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, the St. Petersburg Police Department, and the Largo Police Department. It will be prosecuted by Assistant United States Attorney Josephine W. Thomas.
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.
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St. Petersburg Crack Cocaine Dealer Sentenced to 20 YearsRead the Press Release
Tampa, FL - U.S. District Judge James D. Whittemore yesterday sentenced Michael M. Rucker (34, St. Petersburg) to twenty years in federal prison for possession with intent to distribute crack cocaine and marijuana within 1,000 feet of a school and being a convicted felon in possession of firearms and ammunition. The court also ordered Rucker to forfeit firearms and ammunition involved in the commission of the offenses. Rucker was found guilty by a jury on February 14, 2013.
According to court documents, on May 15, 2012, the St. Petersburg Police Department Vice and Narcotics Unit executed a search warrant at Rucker's residence located on 9th Avenue South, in St. Petersburg. During the execution of the search warrant, officers located two fully loaded handguns in Rucker's bedroom, distribution amounts of crack cocaine under a couch, marijuana, and tools of the drug trade commonly used to make and sell crack cocaine. The residence was located within 1,000 feet of both a middle school and daycare center.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Josephine W. Thomas.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy led by ATF. Acting United States Attorney A. Lee Bentley, III, along with Julie Leon, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
St. Louis Man Pleads Guilty to Failure to Register as A Sex OffenderRead the Press Release
On July 25, 2013, David M. Hightower, a twenty-two year old St. Louis, MO, man pled guilty in federal district court, in East St. Louis, to failure to register as a sex offender, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Hightower is scheduled for sentencing on November 14, 2013, at which time he faces a maximum potential sentence of 10 years in prison and a fine up to $250,000, not more than 5 years of supervised release, and a mandatory special assessment of $100.
The violation occurred between July 14, 2009, and February 22, 2013. Hightower was required to register as a sex offender under both Illinois law and the Sex Offender Registration and Notification Act because he was convicted of Aggravated Criminal Sexual Abuse on September 16, 2005, in Madison County, Illinois. Hightower acknowledged that he understood the conditions of maintaining his sex offender registration requirements by signing an Illinois Sex Offender Registration Act Notification Form on July 13, 2009. Hightower was interviewed by a law enforcement officer on February 12, 2013, in St. Louis, Missouri, in relation to another charge, when it was learned that an active warrant was in effect in Madison County, IL, for his failure to register as a sex offender. In the interview, he admitted to having lived in Missouri when the violation occurred, and not having registered as a sex offender in Missouri until February 23, 2013. Because of his failure to register in Missouri within three days of entering, and his failure to update his registration in Illinois, Hightower was charged in federal court.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”/p>
The case was investigated by the United States Marshals Service and is assigned to Assistant United States Attorney Daniel T Kapsak.
San Antonio Self Proclaimed Modeling Promoter Convicted of Child Pornography Receives 898-Year Federal Prison TermRead the Press Release
In San Antonio this afternoon, Chief U.S. District Judge Fred Biery sentenced 36-year-old Gemase Lee Simmons of San Antonio to 10,776 months, or 898 years, in federal prison after convicting him in February of 39 counts of various bank fraud and child pornography related offenses announced United States Attorney Robert Pitman and Federal Bureau of Investigation Special Agent in Charge Armando Fernandez.
In addition, Judge Biery ordered that Simmons pay $52,788.12 in restitution and a special assessment of $3,900. Simmons has been in federal custody since his arrest in January 2012.
“This man abused and exploited his victims in unspeakable ways. This sentence will ensure that he will not pose a risk to the public again,” stated United States Attorney Robert Pitman.
On February 11, 2013, following a six-day bench trial, Judge Biery convicted Simmons of six counts of bank fraud, four counts of extortion and 29 counts of sexual exploitation of a child including production, distribution, transportation, receipt and possession of child pornography.
Testimony and evidence introduced during trial established that between May 2011and January 2012, Simmons and others at his direction knowingly engaged in an approximate $70,000 check kiting scheme using local bank accounts. Simmons directed other individuals to withdraw cash from bank accounts he and others established using checks drawn on other bank accounts which Simmons knew either had insufficient funds or were closed.
Testimony also revealed that Simmons and others used those proceeds to implement and further a child exploitation scheme. Acting as himself and by assuming fake personas, Simmons recruited, enticed and coerced over 100 minors and adults, male and female, to engage in sexually explicit conduct and recorded the activity under the pretenses of helping them establish a modeling career. Testimony also revealed that Simmons oftentimes transmitted the images and videos of sexually explicit conduct to his female victims as a means to control them. Simmons then threatened to release the sexually explicit material publicly if the victims did not comply with his requests for additional images and sexual activity.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorneys Tracy Thompson and Bettina Richardson prosecuted this case on behalf of the Government.
Rosebud Man Charged with First Degree Burglary and Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary and Assault with a Dangerous Weapon.
Christian Kelly, age 19, was indicted on July 17, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 25 years in custody, a $250,000 fine, or both; 5 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Kelly is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Kelly was released to a third party custodian pending trial. A trial date has not been set.
Rodney Lane Cooper 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 July 26, 2013, before Chief U.S. District Judge Dana L. Christensen, RODNEY LANE COOPER, a 50-year-old resident of Havre, was sentenced to a term of:
Prison: 48 months
Special Assessment: $100
Supervised Release: 4 years
COOPER was sentenced in connection with his guilty plea to possession with intent to distribute methamphetamine.
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:
COOPER has been known throughout the Rocky Boy's and Havre communities to be a source of methamphetamine for the past several years. Law enforcement began their investigation into COOPER in 2011.
On February 25, 2011, the Havre Police Department arranged for a confidential informant (CI) to purchase methamphetamine from COOPER. The CI gave COOPER $140 for methamphetamine. COOPER provided the CI with a substance containing a detectable amount of methamphetamine.
On April 12, 2011, law enforcement again arranged for the same CI to purchase methamphetamine from COOPER. The CI gave COOPER $130 and received a substance from COOPER which contained a detectable amount of methamphetamine.
On March 25, 2012, law enforcement spoke with a witness who stated she had been purchasing methamphetamine from COOPER for the past six years. This witness estimated she purchased approximately 3.5 grams of methamphetamine once per month during that time.
On May 8, 2012, agents spoke with another witness who stated she began purchasing methamphetamine from COOPER in 2003. She purchased approximately a total of 100 grams of methamphetamine from COOPER, with the most recent purchase conducted in March 2012.
Lastly, on July 12, 2012, agents interviewed an additional witness who stated she had purchased approximately 25 grams of methamphetamine from COOPER during a three to four month time period. Law enforcement learned through their investigation that COOPER possessed, with the intent to distribute, over 50 grams of a substance containing a detectable amount of methamphetamine from 2003 through at least the summer of 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that COOPER will likely serve all of the time imposed by the court. In the federal system, COOPER 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 conducted by the Havre Police Department.
Rocky Mount Police Officer Indicted on Gun ChargeRead the Press Release
ROANOKE, VIRGINIA -- A police officer employed by the Rocky Mount Police Department and another man have been indicted by a Federal grand jury sitting in the United States District Court for the Western District of Virginia in Roanoke on charges related to the straw purchasing of firearms.
Following an investigation headed by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the grand jury has charged David Carson Haskins, age 57, with 18 counts of making false statements to a license firearms dealer in relation to the purchase of a firearm. In addition, Haskins, along with James Marion Slate, age 25, of Rocky Mount, Va., have been charged with one count of conspiracy to make straw purchases of firearms.
Each defendant faces a maximum possible penalty of up to five years in prison on the conspiracy charge. In addition, Haskins faces a maximum possible penalty of up to 10 years in prison on 10 counts of making a false statement to a licensed firearms dealer and a maximum possibly penalty of up to five years on the remaining eight counts of making false statements.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Donald Wolthuis will prosecute the case for the United States.A Grand Jury indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Red Lake Man Pleads Guilty to Running Another Vehicle Off the RoadRead the Press Release
MINNEAPOLIS—Earlier today in federal court in Duluth, a 30-year-old Red Lake man pleaded guilty to running a vehicle off the road on the Red Lake Indian Reservation. Tony Lee Lussier specifically pleaded guilty to one count of assault with a dangerous weapon. Lussier, who was charged May 21, 2013, in a superseding indictment, entered his plea before United States District Court Judge Richard H. Kyle.
In his plea agreement, Lussier admitted that on May 12, 2013, while he was driving a motor vehicle, he chased another vehicle. That vehicle contained four people. Lussier admittedly crashed into the other vehicle, causing it to roll into the ditch. Then, Lussier attempted to assault the other vehicle’s occupants before returning to his vehicle and driving away.
For his crime, Lussier faces a potential maximum penalty of ten years in prison. Judge Kyle will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by the Red Lake Tribal Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorneys Laura M. Provinzino and Manda M. Sertich.Because the Red Lake Indian Reservation is a federal-jurisdiction reservation, some of the crimes that occur there are investigated by the FBI in conjunction with the Red Lake Tribal Police Department. Those cases are prosecuted by the U.S. Attorney’s Office.
Rapid City Man Indicted on Drug ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man was indicted by a federal grand jury for conspiring to distribute marijuana on the Pine Ridge Indian Reservation.
Dustin Hart, age 32, was indicted on July 23, 2013, for Conspiracy to Distribute Controlled Substances. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 26, 2013, and pled not guilty to the indictment.
The penalty upon conviction is a mandatory minimum of five years imprisonment up to a maximum term of 40 years, and/or a $5,000,000 fine. The charge is merely an accusation and Hart is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Task Force. Assistant U.S. Ted L. McBride is prosecuting the case.
Hart was remanded to the custody of the U.S. Marshal. A trial date has not been set.Pittsburgh Man Admits Robbing Bloomfield Post OfficeRead the Press Release
PITTSBURGH, Pa. - A Pittsburgh resident has pleaded guilty in federal court to a charge of robbery of a U.S. Post Office, United States Attorney David J. Hickton announced today.
Joseph R. Filbert, 50, pleaded guilty to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on Dec. 14, 2011, Filbert robbed a U.S. Postal clerk at the Bloomfield Post Office of $569.00 in U.S. Currency, by flashing what appeared to be a gun and demanding money. Still photos from the Post Office surveillance camera, together with video from a surveillance camera at a nearby business, enabled Postal Inspectors to obtain positive identification of both the car Filbert was operating and of Filbert. Execution of a search warrant resulted in the recovery of the shoes Filbert is believed to have worn in the Post Office robbery.
Judge Hornak scheduled sentencing for Nov. 13, 2013. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Assistant United States Attorney Margaret E. Picking is prosecuting this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation that led to the prosecution of Joseph R. Filbert.
Philadelphia Man Convicted of Sex Trafficking A ChildRead the Press Release
Enoch Smith, 36, a/k/a “Drees,” a/k/a “Idris,” of Philadelphia, PA, was convicted today of all charges including sex trafficking of a minor and production of child pornography. According to evidence and testimony presented at trial, Smith operated a prostitution business in Philadelphia between April 1, 2009 and June 30, 2011. He recruited young women, including a minor (“Minor 1”), to work as prostitutes. Smith would photograph each female in his home with his camera and, using his laptop computer, would create an Internet advertisement for each on a website known as Backpage.com. Smith gave each of his recruits a cellular telephone, which he paid for, and then included that phone number in the Backpage advertisement.
Smith also had sexual relations with the females who worked for him. Smith lived with several of the females who were working for him. The “dates” would take place at the home that Smith leased and the females gave 100 percent of their cash earnings to Smith. The Philadelphia Police Department learned of the prostitution operation by surveying Backpage advertisements and conducted an undercover “sting” operation at the premises in June 2011. A subsequent forensic examination of Smith’s laptop computer revealed two sexually explicit images of Minor 1, both of which were taken prior to her 18th birthday. Smith was charged locally and was later charged in a federal indictment.
A sentencing hearing is scheduled for October 31, 2013. Smith faces a mandatory minimum sentence of 15 years’ imprisonment and a maximum sentence of 30 years’ imprisonment on Count One, a mandatory minimum sentence of 10 years’ imprisonment and a maximum possible sentence of life imprisonment on Count Two, a $500,000 fine, a lifetime period of supervised release and a $200 special assessment.
The case was investigated by the Federal Bureau of Investigation, and the Philadelphia Police Department Vice Unit, with assistance from the Philadelphia District Attorney’s Office and the Bucks County District Attorney’s Office. It is being prosecuted by Assistant United States Attorney Michelle L. Morgan.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Paul Anthony Rible 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 July 25, 2013, before U.S. District Judge Dana L. Christensen, PAUL ANTHONY RIBLE, a 39-year-old resident of Plentywood, appeared for sentencing. RIBLE was sentenced to a term of:
Prison: 30 months
Special Assessment: $100
Forfeiture: computer
Supervised Release: 10 years
RIBLE was sentenced in connection with his guilty plea to accessing child pornography with the intent to view.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
An investigation into RIBLE began when agents determined that an IP address assigned to RIBLE's residence offered known child pornography video files available for download via the Internet from October 12, 2011, through December 13, 2011. An agent viewed some of the files which were available for download and determined they depicted children engaged in sexually explicit conduct.
A search warrant for RIBLE's residence was obtained and served on May 22, 2012. RIBLE was summoned to the Havre Border Patrol station to be interviewed on the day of the search. While agents conducted the search at RIBLE's Plentywood residence, RIBLE was interviewed in Havre.
RIBLE admitted to viewing child pornography on his computers at his residence in Plentywood. He described the images, and his description met the federal definition for child pornography. RIBLE said he used the Internet, his computer, and specific file sharing programs to obtain the images. RIBLE confirmed that he viewed the files listed in the IP activity log which showed the video files available for download between October 12, 2011, and December 13, 2011.
RIBLE also admitted he viewed child pornography on a laptop computer the night before the interview. He produced the laptop computer and a forensic analysis of the laptop produced evidence that RIBLE had visited websites consistent with online viewing of child pornography on May 21, 2012.
No additional evidence was located on the computer or electronic media seized from RIBLE's residence. Agents determined that the computer RIBLE had used to access and view the child pornography had malfunctioned and had been disposed of prior to the search of the residence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that RIBLE will likely serve all of the time imposed by the court. In the federal system, RIBLE 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 U.S. Department of Homeland Security - Office of Inspector General and the U.S. Department of Homeland Security - Homeland Security Investigations.
This case was brought as part of Project Safe Childhood (PSC), 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, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
New Haven Man Sentenced to Seven Years in Federal Prison for Distributing CrackRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that DENIS WILLIAMS, also known as “Blanco,” 33, of New Haven, was sentenced today by Senior United States District Judge Ellen Bree Burns in New Haven to 84 months of imprisonment, followed by three years of supervised release, for distributing crack cocaine.
According to court documents and statements made in court, in May 2011, the DEA received information that WILLIAMS was supplying crack cocaine and heroin to numerous drug customers in New Haven. On June 2, 2011, law enforcement officers stopped a vehicle that WILLIAMS was driving and seized approximately three grams of crack packaged for street sale in 14 individually-wrapped bags. A subsequent search of his Chatham Street residence revealed approximately 23 grams of crack, a handgun and $4946 in cash.
WILLIAMS, whose criminal history includes multiple prior felony drug convictions, has been detained since his arrest on June 2, 2011. On May 10, 2013, he pleaded guilty to one count of possession with intent to distribute cocaine base (“crack cocaine”).
This matter was investigated by the DEA New Haven Task Force, which includes participants from the New Haven, Hamden, West Haven, Branford, Meriden and Ansonia Police Departments. The case was prosecuted by Assistant United States Attorney S. Dave Vatti.
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Tom Carson
(203) 821-3722 [email protected]Mexican National Plead Guilty to Federal Marijuana Trafficking ChargeRead the Press Release
ALBUQUERQUE – Francisco Flores-Enriquez, 26, a Mexican national illegally present in the United States, entered a guilty plea this afternoon in Las Cruces federal court to conspiracy to possess more than 1,000 kilograms of marijuana with intent to distribute. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas Ulrich, and Chief Patrol Agent Scott A. Luck, El Paso Sector of the U.S. Border Patrol.
Flores-Enriquez was one of eight Mexican nationals arrested shortly after midnight on March 24, 2012, by U.S. Border Patrol agents after agents observed five vehicles breach the International Border Fence south of Animas, N.M. The agents conducted surveillance as the vehicles drove northbound in a convoy and moved in when four of the vehicles crashed into each other. The agents eventually apprehended eight individuals and took control of the four vehicles which contained approximately 3,154 kilograms of marijuana.
The eight defendants initially charged in four criminal complaints and subsequently indicted together and charged with conspiracy and possession of more than 1,000 kilograms of marijuana with intent to distribute. Four of the defendants also were charged with re-entering the United States after prior deportation.
During today’s proceedings, Flores-Enriquez entered a guilty plea to Count 1 of the indictment charging him with conspiracy to possess marijuana with intent to distribute. In his plea agreement, Flores-Enriquez admitted that on March 24, 2013, he was in a vehicle that was part of a five-vehicle convoy that smuggled approximately 3,000 kilograms of marijuana from Mexico into the United States. Flores-Enriquez admitted that on the night of March 24, 2013, he and seven others crossed from Mexico into New Mexico and drove through the desert until they were apprehended by Border Patrol Agents. He further admitted that all five vehicles, which were covered with camouflage tarps and driven without headlights, were loaded with marijuana that they intended to deliver to other individuals in the United States.
At sentencing, Flores-Enriquez faces a prison sentence of not less than ten years and not more than life imprisonment. He will be deported after he completes his prison sentence. Flores-Enriquez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Flores-Enriquez’s seven co-defendants have entered not guilty pleas and are detained pending trial. The charges in the indictment against the co-defendants are merely accusations and the co-defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Deming, N.M., office of HSI and the Lordsburg, N.M., office of the U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office.
Members of Distribution Ring Sent to Federal Prison for Trafficking Nearly A Ton of MarijuanaRead the Press Release
McALLEN, Texas – Mexican Nationals Gabriel Miramontes, 36, Carlos Garza-Salazar, 31, Jose Gonzalez-Lopez, 27, and Librado Zuniga-Polanco, 30, have been ordered to prison following their convictions in relation to a marijuana trafficking conspiracy, United States Attorney Kenneth Magidson announced today. The men pleaded guilty on Feb. 7, 2012.
Today, U.S. Chief District Judge Ricardo Hinojosa sentenced the ring leader, Miramontes, to 97 months in federal prison. Miramontes had recruited the remaining defendants to package and distribute marijuana. Garza-Salazar, Gonzalez-Lopez and Zuniga-Polanco received respective sentences of 60, 33 and 22 months for also conspiring to possess with intent to distribute more than 100 kilograms of marijuana. Not U.S. Citizens, they are expected to face deportation proceedings following completion of their prison terms.
In September and October 2011, narcotics investigators of the Texas Department of Public Safety launched an investigation into a marijuana distribution ring operating out of a rented warehouse unit in Pharr. Investigators conducted a traffic stop of a commercial vehicle departing the warehouse after investigators observed the defendants packaging and loading the narcotics. A search of the vehicle revealed the presence of 1,906 pounds of the drug.
The evidence presented during the hearing today showed Miramontes had established a marijuana distribution network that received marijuana from Mexico, concealed the narcotics within produce crates and arranged legitimate commercial tractor trailers to transport the concealed marijuana to distribution networks across the country. Miramontes relied upon his family-owned produce business to provide the limes and cilantro used to conceal the marijuana. In the months preceding his arrest, Miramontes began to pursue his aspiration to became a song artist, performing in venues across Mexico. The investigation indicated Miramontes recruited the remaining defendants to perform the manual labor of packaging, concealing and transporting the narcotics.
All four of the defendants will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by the Texas Department of Public Safety and is being prosecuted by Assistant United States Attorney Grady J. Leupold.
Members of Distribution Ring Sent to Federal Prison for Trafficking Nearly A Ton of MarijuanaRead the Press Release
McALLEN, Texas – Mexican Nationals Gabriel Miramontes, 36, Carlos Garza-Salazar, 31, Jose Gonzalez-Lopez, 27, and Librado Zuniga-Polanco, 30, have been ordered to prison following their convictions in relation to a marijuana trafficking conspiracy, United States Attorney Kenneth Magidson announced today. The men pleaded guilty on Feb. 7, 2012.
Today, U.S. Chief District Judge Ricardo Hinojosa sentenced the ring leader, Miramontes, to 97 months in federal prison. Miramontes had recruited the remaining defendants to package and distribute marijuana. Garza-Salazar, Gonzalez-Lopez and Zuniga-Polanco received respective sentences of 60, 33 and 22 months for also conspiring to possess with intent to distribute more than 100 kilograms of marijuana. Not U.S. Citizens, they are expected to face deportation proceedings following completion of their prison terms.
In September and October 2011, narcotics investigators of the Texas Department of Public Safety launched an investigation into a marijuana distribution ring operating out of a rented warehouse unit in Pharr. Investigators conducted a traffic stop of a commercial vehicle departing the warehouse after investigators observed the defendants packaging and loading the narcotics. A search of the vehicle revealed the presence of 1,906 pounds of the drug.
The evidence presented during the hearing today showed Miramontes had established a marijuana distribution network that received marijuana from Mexico, concealed the narcotics within produce crates and arranged legitimate commercial tractor trailers to transport the concealed marijuana to distribution networks across the country. Miramontes relied upon his family-owned produce business to provide the limes and cilantro used to conceal the marijuana. In the months preceding his arrest, Miramontes began to pursue his aspiration to became a song artist, performing in venues across Mexico. The investigation indicated Miramontes recruited the remaining defendants to perform the manual labor of packaging, concealing and transporting the narcotics.
All four of the defendants will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by the Texas Department of Public Safety and is being prosecuted by Assistant United States Attorney Grady J. Leupold.
Man Pleads Guilty to Bribing Federal OfficialRead the Press Release
Defendant Sought Immigration Benefits in Pay-to-Play Scheme
ATLANTA – Ibrahim Barrie pleaded guilty in federal court for his role in a bribery conspiracy seeking immigration benefits.
“This defendant attempted to subvert the immigration process by offering bribes to a federal agent whom he believed would help him,” said United States Attorney Sally Quillian Yates. “In the end, he faces significant jail time and likely deportation for his actions.”
“The ICE Office of Professional Responsibility takes bribery of ICE officials very seriously and makes it a priority to thoroughly pursue investigation of such allegations. In this case, Mr. Barrie ignored the lawful route to pursue immigration benefits in favor of offering monetary bribes for expediting his residency status as well as other benefits. As a result, he is instead facing the possibility of prison time followed by deportation,” said David P. D’Amato, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility for the Southeast Region.
According to United States Attorney Yates, the charges and other information presented in court: Beginning in September 2010, and continuing until at least July 2012, Barrie paid bribes to a special agent with the Department of Homeland Security who was working in an undercover capacity, in exchange for immigration benefits as well as other benefits. Over a two-year period, he paid thousands of dollars to the undercover special agent for what he believed was assistance with his immigration status in the United States, including obtaining a permanent resident card, commonly known as a green card.
Barrie, 32, of Atlanta, could receive a maximum sentence of five years in prison and a fine of up to $75,000. The defendant likely faces removal from the United States. However, in determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Sentencing is scheduled for September 30 2013, at 10:00 a.m. before United States District Judge Steven P. Jones.
This case is being investigated by U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility.
Assistant United States Attorney Skye Davis is 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.
MS-13 Gang Leader Sentenced to 30 Years’ IncarcerationRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Hector Aleman Lemos, the former leader of the Flushing, Queens, chapter of the violent international gang La Mara Salvatrucha, also known as “MS-13,” was sentenced to 30 years in prison following his March 7, 2013, guilty plea to racketeering and murder conspiracy. The sentence was imposed by United States District Judge Nicholas G. Garaufis, who also imposed a term of supervised release of 3 years. As a consequence of his conviction, Lemos, a citizen of El Salvador, is also subject to potential deportation at the conclusion of the prison term.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; James T. Hayes, Jr., Special Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York Field Office; Raymond W. Kelly, Commissioner, New York City Police Department, and Charles Gardner, Commissioner, City of Yonkers Police Department.
“As a member and leader of MS-13, Lemos spread death and destruction throughout his community. No one in his orbit was safe from the violence that accompanied him, including an innocent bystander who paid with his life for nothing more than being in the wrong place at the wrong time, and a 13-year-old boy who thankfully survived his encounter with Lemos. Today, Lemos received the significant jail term called for by his actions, which will bring justice to the gang’s victims and their families,” said United States Attorney Lynch. “Today’s sentence represents a clear warning to the gang that we will continue to vigorously prosecute its members and work to dismantle its operations in this District.” Ms. Lynch extended her grateful appreciation to U.S. Immigration and Customs Enforcement, Homeland Security Investigations, the New York City Police Department, and the City of Yonkers Police Department.
Lemos, known in the gang as “Diablito,” was the leader of the Flushing chapter of the gang, which committed a series of violent crimes, including murder, murder conspiracy and attempted murder, in Flushing, Queens and elsewhere. Among other crimes, Lemos was charged with shooting a 25-year-old man named John Halley in Yonkers, New York, who he believed, incorrectly, was a member of a rival gang. In pleading guilty, Lemos admitted that he was a member of MS-13 and that he had participated in the murder of Halley, as well as in the shooting of a 13-year-old boy in Flushing.
Since 2002, more than 200 MS-13 members, including more than two dozen clique leaders, have been convicted on federal felony charges in the Eastern District of New York. More than 100 of those MS-13 members have been convicted on federal racketeering charges. MS-13 is a violent, transnational gang, based in El Salvador, which has engaged in narcotics trafficking, robbery, extortion, murder and other crimes in cities throughout the United States and Central America. The gang has had a strong presence in immigrant communities in Queens and Long Island.
The government’s case is being prosecuted by Assistant United States Attorneys Gina M. Parlovecchio and Darren A. LaVerne.
The Defendant
HECTOR ALEMAN LEMOS, also known as “Diablito”
Age: 32Lubbock Man Admits Robbing Two Banks and One Credit UnionRead the Press Release
Defendant Admits Robbing First United Bank, Plains Capital Bank and Alliance Federal Credit Union
LUBBOCK, Texas — Jeffrey Hensley, 42, of Lubbock, Texas, appeared before U.S. District Judge Sam R. Cummings today and pleaded guilty to three counts of bank robbery and credit union robbery, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. He faces a statutory maximum sentence of 60 years in federal prison and a $750,000 fine. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Hensley has been in custody since his arrest in April 2013.
According to documents filed in the case, on September 14, 2012, at approximately 1:25 p.m., Hensley, carrying a bank bag and wearing blue jeans, a gray pull-over and a black baseball cap, entered the First United Bank, 9801 Indiana Avenue, in Lubbock, opened the bag and removed a note that he passed to a teller. The note stated words to the effect of: “Don’t make me show my weapon.” Hensley told the teller, “Give me your bundles. Keep your hand away from your button and quit stalling.” The teller surrendered cash to Hensley who placed most of it in the bank bag, retrieved the note and exited the bank.
On December 8, 2012, at approximately 4:54 p.m., Hensley, carrying a bank bag, entered the Plains Capital Bank, 6002 Slide Road in Lubbock and handed a teller a note that read: “Fill the bag with all the money in the drawer - if I have to show my weapon I will use it - you have 15 seconds!!” Hensley ordered the teller to put the money in the bag and lifted his hooded sweatshirt as if to partially display a firearm. The teller surrendered cash and Hensley stuffed the money inside the bank bag and exited the bank.
On February 13, 2013, at approximately 3:45 p.m., Hensley entered the Alliance Federal Credit Union, 6601 Indiana Avenue in Lubbock, walked up to a teller and handed him a note. Hensley then handed a pink cosmetic bag to the teller and told her: “Hurry up! Everything in the drawer goes in the bag. Put the money in the bag. Put the money in the bag.” The teller surrendered the cash to Hensley who put it in the pink bag and exited the bank.
On April 22, 2013, a federal search warrant was executed at Hensley’s residence and he was arrested. Hensley admitted committing the robberies but informed detectives with the Lubbock Police Department (LPD) that although a firearm was found at his residence, he never carried that firearm during any of the robberies.
This case is being investigated by the FBI, the Texas Department of Public Safety, the LPD and the Lubbock County Sheriff’s Office. Assistant U.S. Attorney Jeffrey Haag is in charge of the prosecution.
Long Grove Man Sentenced in Federal Heroin Overdose ProsecutionRead the Press Release
DAVENPORT, IA- On July 25, 2013, Andrew Aaron Rahn, age 20, formerly from Long Grove, Iowa, was sentenced by United States District Court Chief Judge James E. Gritzner to 120 months of imprisonment on the charge of distribution of heroin resulting in death, announced United States Attorney Nicholas A. Klinefeldt. Rahn was also ordered to serve three years of supervised release and pay $100 towards the Crime Victims Fund. Co-defendants David Weber and Joseph Cooper have pled guilty and will be sentenced on September 12, 2013.
Rahn admitted during the guilty plea proceeding that on June 5, 2012, he contacted David Weber to arrange for the purchase of heroin from Joseph Cooper in Rock Island, and that on June 6, 2012, Rahn, Weber and Tralee Duffey traveled to Rock Island, Illinois where Rahn purchased and received $120 worth of heroin from Joseph Cooper. Rahn further admitted that after dropping Weber off, Rahn purchased some syringes and he and Duffey shot up heroin in the parking lot of Duck Creek Mall in Bettendorf, and that Rahn and Duffey then returned to Rahn’s Long Grove residence where Rahn passed out. Rahn also admitted that upon waking up he found Duffey unresponsive and Rahn called his mother, who told him to call 911.
The Long Grove, Iowa, Fire Department, Rescue Unit, the Medic- Emergency Medical Technicians and the Scott County Sheriff’s Department responded to the scene. They found Duffey unresponsive and attempted to resuscitate her. Paramedics continued efforts to resuscitate Duffey and transported her to the hospital where she died. Tralee Duffey was 18 years old, and the cause of death was determined to be heroin overdose. During a subsequent search of Rahn’s residence, Scott County Sheriff’s Office investigators found and collected syringes, Xanax pills, burnt spoons with unknown residue, marijuana drug paraphernalia, and a syringe fully loaded with unknown liquid. Some of these items were sent to the Iowa Division of Criminalistics Laboratory which later identified a trace residue of heroin on a burnt spoon, Alprazolam, schedule IV pills and marijuana. Rahn admitted that Duffey died as a result of the heroin that Weber arranged for Rahn to purchase from Cooper.
This case was investigated by the Scott County Sheriff’s Office, the Bettendorf, Iowa, Police Department, and the Rock Island, Illinois, Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Lemont Man Charged with Illegally StructuringRead the Press Release
Of Credit Union Deposits Totaling $372,321
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a one-count Information charging John Suhan, age 48, of Lemont, PA, with structuring transactions to evade federal reporting requirements, with funds totaling $372,321. Pursuant to a plea agreement filed with the Information, Suhan has agreed to waive indictment by a grand jury, plead guilty to the offense, and agree to criminal forfeiture of $3,180 in currency recovered from his residence.
According to United States Attorney Peter J. Smith, the Information charges that starting in or around January 2006, a relative of Suhan’s wife gave him and his wife a sum of cash totaling approximately $372,321 generated from a family business. At the time Suhan received the cash, the relative allegedly told him that he would have serious problems and would get in trouble with governmental authorities if he were to make any bank deposits with the money which exceeded $10,000. To avoid making a deposit over $10,000, beginning in January 2006 and continuing through September 2011, Suhan allegedly made in excess of 200 separate deposits of the cash hoard totaling $352,740.02 at the main and branch office locations of Penn State Federal Credit Union and SPE Credit Union where he maintained accounts. He kept $3,180 in currency inside a safe at his residence, cash which FBI agents seized.
The case was investigated by the Federal Bureau of Investigation and prosecution has been assigned to Assistant United States Attorney George J. Rocktashel.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Leader of Baltimore Area Oxycodone Ring Sentenced to PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge Ellen L. Hollander sentenced Joseph Church, age 41, of Baltimore, Maryland, today to 51 months in prison, followed by three years of supervised release, for conspiracy to distribute and possess with intent to distribute oxycodone.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Chief James W. Johnson of the Baltimore County Police Department; Howard County Police Chief William McMahon; and Anne Arundel County Police Chief Kevin Davis.
“Prescription drug trafficking is here in Maryland and it’s a growing problem that we in law enforcement will aggressively investigate,” stated Gary Tuggle, Assistant Special Agent in Charge of the Drug Enforcement Administration, Baltimore District Office. “Church will now spend time in a federal prison far away from his family,” added Tuggle.
According to his guilty plea and other court documents, Church conspired with others to distribute oxycodone in the Baltimore City, Baltimore County and Anne Arundel County areas. Church obtained blank prescriptions from Wendy Pinkard, his girlfriend at the time, who worked as an office manager in a medical facility. Between 2008 and 2011 Pinkard provided more than 175 prescriptions to Church. Church filled out the prescriptions, typically for 180 thirty milligram pills or for 90 eighty milligram oxycodone pills, then recruited individuals, some of whom used fake identities, to go into pharmacies to obtain the oxycodone pills. The individuals returned the pills to Church, who paid the individuals for obtaining the pills. Church sold the pills to drug dealers throughout the area, distributing the equivalent of approximately 46,000 thirty milligram pills of oxycodone over the course of the conspiracy. Thirty milligram oxycodone pills have a street value of between $12 and $30 per pill.
Wendy Pinkard, age 37, of Baltimore, previously pleaded guilty to the same charge and is scheduled to be sentenced on August 5, 2013, at 2:00 p.m.
United States Attorney Rod J. Rosenstein commended the DEA, HHS-OIG, Office of Investigations, Baltimore County Police Department, Howard County Police Department and Anne Arundel County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Mushtaq Gunja and Kenneth S. Clark, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Justin Worley Sentenced to Federal Prison for Robbing Nine BanksRead the Press Release
PROVIDENCE, R.I. – Justin Worley, 34, was sentenced today in U.S. District Court in Providence to 73 months in federal prison, the high end of the federal sentencing guidelines, for robbing eight banks in Rhode Island and one bank in Massachusetts between February and September 2012, announced United States Attorney Peter F. Neronha.
At sentencing, U.S. District Court Judge William E. Smith also ordered Worley to serve 3 years of supervised release upon completion of his prison term and to make full restitution to the nine banks he admitted to robbing. Worley pleaded guilty on March 7, 2103, to nine counts of bank robbery.
At the time of his guilty plea, Worley admitted to the court that he robbed a financial institution in Seekonk, Mass., on February 23, 2012, and that he robbed eight financial institutions in Rhode Island between April 16, 2012 and September 18, 2012. Worley admitted that while using implied or explicit threats he robbed the banks of a total of $32,633.
Worley was arrested at a motel in Seekonk on September 19, 2012, by East Providence, R.I., and Seekonk, Mass., police. He has been detained since his arrest.
The robberies were investigated by the Barrington, Cranston, East Providence, North Providence, Pawtucket, Seekonk and Warwick Police Departments and the FBI.
The case was prosecuted by Assistant U.S. Attorneys William J. Ferland and Paul F. Daly, Jr.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Justice Department Settles with Bariatric Clinic in Michigan and Pennsylvania over HIV DiscriminationRead the Press Release
The Justice Department announced today that, as part of its Barrier-Free Health Care Initiative, it has reached a settlement with Barix Clinics under the Americans with Disabilities Act (ADA). Barix Clinics operates bariatric treatment facilities in Michigan and Pennsylvania. The settlement resolves allegations that Barix Clinics violated the ADA by refusing or cancelling surgery for two individuals because they have HIV. This is the fifth settlement that the Justice Department has reached this year addressing HIV discrimination by a medical provider.
The Justice Department found that Barix Clinics unlawfully refused to perform bariatric surgery on a man at its Langhorne, Pa., facility because he has HIV. The department also determined that Barix Clinics cancelled bariatric surgery for another individual, Mr. Frank Hill, at its Ypsilanti, Mich., facility because of his HIV. The department’s investigation revealed that Barix Clinics’ actions were not based on individual assessments of the patients or based on current medical knowledge.
“Erecting unnecessary barriers to medical care for people with HIV can further exacerbate their condition and their marginalization in society,” said Jocelyn Samuels, Acting Assistant Attorney General for Civil Rights. “These are the barriers that the ADA and the Justice Department seek to tear down.”
“Blanket exclusions of patients with HIV are misguided and illegal," said Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan. “Under the law, caregivers cannot withhold care unless the decision is based on current medical knowledge about the particular patient and condition, not on stereotypes about a disability.”
Under the settlement, Barix Clinics must pay $20,000 to the first complainant, $15,000 to Hill and a $10,000 civil penalty. In addition, it must train its staff on the ADA and develop and implement an anti-discrimination policy.
In the past six months, the department has reached five settlement agreements with medical providers to address HIV discrimination. All five settlements are part of the Department of Justice’s Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s offices across the nation, to target enforcement efforts on a critical area for individuals with disabilities. The initiative, launched on the 22nd anniversary of the ADA in July 2012, includes the participation of 40 U.S. Attorney’s offices and addresses access to health care for people with HIV and those with hearing disabilities, as well as physical access to medical facilities. The department has reached a total of 18 settlements (including these five) regarding medical providers’ failure to provide access for people with HIV or who are deaf or hard of hearing. For more information on the Barrier-Free Health Care Initiative visit http://www.ada.gov/usao-agreements.htm .
For more information on the ADA and HIV, visit www.ada.gov/aids . Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov . ADA complaints may be filed by email to [email protected] .
Judge Give Violent Robber A Long Prison TermRead the Press Release
PHILADELPHIA - Amos Singleton, 58, of Philadelphia, was sentenced late yesterday to 30 years in prison for the armed robbery of an employee of the Walnut Lane Apartments, at 236 West Walnut Lane in Philadelphia, in November 2010. Singleton and Corey Pasley, who worked at the apartment complex as a security guard, made off with cash, money orders, and checks, after Singleton struck the victim and fired his gun, striking the victim in the head. Despite severe injuries, the victim broke free, ran from the office and alerted residents to the robbery. Singleton and Pasley stole approximately $2,645 in cash and $1,265 in money orders and checks from the office safe. U.S. District Court Judge Norma Shapiro also ordered restitution, a $2,500 fine, and five years of supervised release.
On June 22, 2012, a jury returned guilty verdicts against both defendants on all charges, including: conspiracy to commit robbery which interferes with commerce, robbery, and using a firearm in the course of a robbery. Singleton, who was already a convicted felon, was additionally convicted of knowingly possession of a firearm by a convicted felon. Pasley is awaiting sentencing.
The case was investigated by the Philadelphia Police Department and the Bureau of Alcohol, Tobacco, and Firearms. It is being prosecuted by Assistant United States Attorney Mark Miller.
This investigation and prosecution is part of a joint initiative by the United States Attorney's Office, the District Attorney's Offices in the Eastern District of Pennsylvania, the Bureau of Alcohol, Tobacco, and Firearms (ATF), the Federal Bureau of Investigation (FBI), and other federal, state and local law enforcement agencies, to identify and prosecute dangerous firearms offenders in federal court where the defendants are likely to receive a substantial sentence upon conviction.UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Jackson Woman Sentenced to 39 Months for Identity Theft and FraudRead the Press Release
LEXINGTON, KY - A Jackson, KY., woman, who previously admitted to stealing someone else’s identity to buy a car, was sentenced to 39 months in federal prison.
On Thursday, U.S. District Judge Karen Caldwell sentenced 45-year old Lisa Ann Salyers for wire fraud and aggravated identity theft. Judge Caldwell also ordered that Salyers pay $5,450.50 in restitution to Paul Miller Ford.
Salyers previously admitted she obtained the date of birth and social security number of another person through the internet. She then assumed the identity of this victim and used it to purchase a car from a Lexington car dealership. Salyers also tried to use the victim’s identity to buy furniture from a Lexington retailer.
Salyers pleaded guilty to these charges in March of 2013.
Under federal law, Salyers must serve at least 85 percent of her prison sentence, and will be under the supervision of the U.S. Probation Office for three years following the completion of her prison term.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, and Paul R. Johnson, Special Agent in Charge, U.S. Secret Service, jointly announced the sentence.
The investigation was conducted by the U.S. Secret Service. The U.S. Attorney’s Office was represented in the case by Assistant U.S. Attorney Andrew T. Boone.
Home “Flipping” Scheme Nets Prison Sentences, $1.28 Million in Restitution for Memphis PairRead the Press Release
Memphis, TN – Michael Pinkney, 43, of Cordova, TN, and Alan R. Price, 50, of Olive Branch, MS, were each sentenced this week to 33 months in prison and ordered to pay $1,283,728.53 in restitution for their roles in a foreclosed real estate “flipping” scheme, announced U.S. Attorney Edward L. Stanton III.
According to facts revealed during their respective sentencing hearings before U.S. District Judge Samuel H. Mays, Pinkney, the owner and president of Capital Mortgage and Peanut Construction Company, and Price conspired to identify foreclosed properties, recruit nominee buyers to purchase and refinance the properties, and submit false and fraudulent documents to mortgage finance companies.
Using his position as a registered property appraiser, Price would submit appraisals reflecting that improvements had been made to the foreclosed properties, knowing that they had not. These appraisals falsely inflated the value of the properties, which allowed more money to be borrowed against them. These loans were obtained through Pinkney’s mortgage company. As a result, the loan funding companies CitiMortgage and Taylor, Bean and Whitaker lost $1,283,728.53.
One example cited in the original information charging the men was a property on Harbert Avenue purchased by nominee buyers in January 2009 for $65,000. Two months later, Price submitted an appraisal which valued the property at $400,000 even though no improvements had been made to the property since its purchase. All of the properties listed in the information were located in the Midtown area of Memphis.
Both men pleaded guilty in mid-April to one count of conspiracy to commit wire fraud and one count of wire fraud. This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Justin Bailey represented the government in this case.Hiram Evans 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 July 26, 2013, before U.S. District Judge Dana L. Christensen, HIRAM EVANS, a 30-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
Prison: 87 months, concurrent to a prior sentence
Special Assessment: $100
Supervised Release: 5 years
EVANS was sentenced in connection with his guilty plea to sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On July 27, 2009, the female victim had been drinking with some individuals at a residence in Heart Butte, which is within the exterior boundaries of the Blackfeet Indian Reservation.
The victim eventually went to bed. She woke up to someone hitting her. She recognized the individual as EVANS, who proceeded to sexually assault her. The victim began yelling for her sister and tried to fight him off but he was holding her down. After assaulting her, EVANS left the residence and went to his house.
Law enforcement went to his residence where he was arrested. When questioned, EVANS first denied assaulting the victim but finally admitted that he had although he denied using any force.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EVANS will likely serve all of the time imposed by the court. In the federal system, EVANS 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 Federal Bureau of Investigation and the Bureau of Indian Affairs.
Freddy Wayne Jimenez Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on July 25, 2013, in Great Falls, after a federal district court trial before Chief U.S. District Judge Dana L. Christensen, FREDDY WAYNE JIMENEZ, a 40-year-old resident of Browning, was found guilty of (6) counts of assault resulting in serious bodily injury, and (4) counts of assault with a dangerous weapon. Sentencing is set for October 22, 2013. He is currently detained.
At trial, the following evidence and testimony was presented to the jury.
In 2012, JIMENEZ beat and strangled his wife on two occasions. JIMENEZ's wife was left with broken ribs that were floating in her body, a fractured finger, and while strangling her, JIMENEZ said, "I'm gonna hurt you so bad you won't be able to do nothing."
Over a period of years, JIMENEZ also tortured his children. He cut them with machetes, hit them with metal bars, broke beer bottles over them, slammed them into vehicles, and, when they were down, crying in pain, JIMENEZ would say, "You better stand up, you pussy." JIMENEZ even told outsiders that he wanted one of his sons dead and that he was going to kill his entire family. Although JIMENEZ claimed to have never touched his children, other than spanking one of them one time, JIMENEZ wrote a letter wherein he admitted, "I beat up my wife and kids."
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case for the United States.
JIMENEZ faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release on each count.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Former Vice President of High-End Jewelry Company Pleads Guilty in Manhattan Federal Court to Stealing over $2 Million of JewelryRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that INGRID LEDERHAAS-OKUN, a former Vice President of Product Development at a high-end jewelry company, pled guilty today in Manhattan federal court to stealing over $2.1 million worth of jewelry from her former employer. LEDERHAAS-OKUN was arrested earlier this month and pled guilty today before U.S. District Judge Paul G. Gardephe.
Manhattan U.S. Attorney Preet Bharara said: “Diamonds are forever but stolen diamonds are not. Over a period of years, Ingrid Lederhaas-Okun, an executive at a high-end jewelry company, looted her employer’s jewelry inventory and then resold millions of dollars’ worth of the merchandise in order to enrich herself. Today, she stands convicted for her thievery and faces the prospect of prison.”
According to the Information, statements made during today’s guilty plea proceeding, and a Complaint previously unsealed in Manhattan federal court:
From at least January 2011 until February 2013, LEDERHAAS-OKUN worked as a Vice President of Product Development at the midtown Manhattan headquarters of one of the world’s premier high-end jewelers (the “Jewelry Company”). Her duties and responsibilities included ensuring that product designs could be manufactured and, to that end, she had authority to check out jewelry belonging to the Jewelry Company for work-related reasons, such as to provide the jewelry to potential manufacturers to determine the cost of production.
Between November 2012 and February 2013, LEDERHAAS-OKUN abused her position and authority at the Jewelry Company to check out over 165 pieces of jewelry with a retail value of over $1.2 million, including numerous diamond bracelets, platinum or gold diamond drop and hoop earrings, platinum diamond rings, and platinum and diamond pendants. She then sold some if not all of this jewelry for $1.3 million to another company, a leading international buyer and reseller of jewelry with an office in midtown Manhattan (the “Jewelry Reseller”). The Jewelry Reseller paid for the merchandise that LEDERHAAS-OKUN had stolen either by paying her or her husband, in transactions arranged either by LEDERHAAS-OKUN or a friend working on her behalf.
In addition to this jewelry, in November 2012, following an announcement by the Jewelry Company that it was going to undertake a full physical inventory review, LEDERHAAS-OKUN also reported that approximately $1.5 million worth of jewelry which she had checked out would have to be written off. However, none of that jewelry was ever returned to the Jewelry Company, contrary to the usual practice of accounting for inventory, such as damaged jewelry, that would have to be written off because it had been rendered unusable in some way.
To conceal her theft, LEDERHAAS-OKUN made repeated false statements to the Jewelry Company. For example, after her termination in February 2013, she told the Jewelry Company that she had only recently checked out the missing jewelry in anticipation of creating a PowerPoint presentation for her supervisor, and that a draft of the presentation could be found on her office computer. However, the missing pieces of jewelry had been checked out months earlier, her supervisor was unaware of any such presentation being worked on by LEDERHAAS-OKUN, and there was no draft presentation on her computer. In addition, LEDERHAAS-OKUN claimed the jewelry in question could be found in a white envelope in her office, but a search of her office shortly after her departure did not yield any white envelope.
LEDERHAAS-OKUN, 46, of Darien, Connecticut, pled guilty to one count of interstate transportation of stolen property, which carries a maximum penalty of 10 years in prison. As part of her plea agreement, LEDERHAAS-OKUN also agreed to forfeit $2,114,873 and further agreed to make restitution in the amount of $2,239,873. She is scheduled to be sentenced by Judge Gardephe on December 10, 2013 at 2:30 p.m.
Mr. Bharara praised the investigative work of the FBI. The prosecution of this case is being handled by the Office’s Complex Frauds Unit. Assistant United States Attorney Rosemary Nidiry is in charge of the prosecution.
U.S. v. Ingrid Lederhaas-Okun Information
Former Postal Employee Pleads Guilty to Stealing from Post OfficeRead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a former employee of the United States Post Office pleaded guilty to issuing money orders to himself, among other offenses. Wayne E. O’Connell, age 52, of the northwestern Minnesota community of Shelly, specifically pleaded guilty to one count of misappropriation of postal funds. O’Connell, who was charged on July 5, 2013, entered his plea before U.S. District Court Judge Donovan W. Frank.
In his plea agreement, O’Connell admitted stealing cash from the money drawer at the Shelby post office and using funds received from the sale of post office box rentals for his own use. In addition, O’Connell admitted issuing postal money orders to himself without paying for them.
Authorities began investigating O’Connell after learning that money orders issued from the Shelby post office were being cashed prior to the dates they were reportedly issued. In December 2012, an audit of the post office identified shortages of $2,729.85 in cash and stamps.For his crime, O’Connell faces a potential maximum penalty of ten years in federal prison. Judge Frank will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by the U.S. Postal Service-Office of Inspector General. It is being prosecuted by Assistant U.S. Attorney Kevin S. Ueland.
Former Campaign Official Sentenced to Six Months in Prison for Activities Involving 2010 District of Columbia Mayoral ElectionDefendant Obstructed Justice by Destroying Documents, Making False Statements to FBIRead the Press Release
WASHINGTON - Thomas W. Gore, the former assistant treasurer for a District of Columbia mayoral campaign, was sentenced today to six months in prison for obstruction of justice and other charges stemming from his activities involving the 2010 election.
The sentence was announced by U.S. Attorney Ronald C. Machen Jr. and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.
Gore, 58, of Washington, D.C., pled guilty in May 2012 in the U.S. District Court for the District of Columbia to one count of obstructing justice by destroying records in a federal investigation and three counts of making a campaign contribution in the name of another person. He was sentenced by the Honorable Colleen Kollar-Kotelly.
Upon completion of his prison time, Gore will be placed on three years of supervised release. Judge Kollar-Kotelly ordered that 180 days of that period must be spent on home detention. In addition, Gore must perform 200 hours of community service. Judge Kollar-Kotelly also barred Gore from participating in political campaigns without prior approval of the court.
Gore is among three people, all associated with the same mayoral campaign, to plead guilty to charges in a continuing investigation of campaign activities during the election.
Howard L. Brooks, 65, a member of the campaign’s finance and treasury teams, was sentenced last year to 24 months of probation and ordered to perform 200 hours of community service for making a false statement to the FBI. Business owner Eugenia C. Harris, 76, pled guilty in July 2012 to one count of conspiring to violate federal campaign finance law and to obstruct justice; one count of engaging in fraud and making false statements, and one count of conspiring to violate District of Columbia campaign law. Harris is awaiting sentencing.
According to a statement of offense signed by the government as well as the defendant, Gore worked for one of the candidates challenging incumbent Mayor Adrian M. Fenty in the 2010 campaign. The guilty plea involves activities tied to his work on the campaign of that candidate, who is identified in the court documents as “Candidate A,” and Gore’s dealings with another of Mr. Fenty’s rivals, who is identified in the documents as “Candidate B.”
Gore used his position in “Candidate A’s” campaign to help funnel money illegally from that campaign to the campaign of “Candidate B.” The goal was to keep “Candidate B” in the mayoral race so that “Candidate B” would continue his verbal attacks on Mr. Fenty. Gore later destroyed the record of these payments and lied about it when questioned by the FBI.
**
“Thomas Gore is headed to prison because he lied to the FBI and shredded documents to cover up corruption in the 2010 D.C. mayoral election,” said U.S. Attorney Machen. “He will be deprived of his liberty because he tried to deprive the voters of the truth about a secret scheme to funnel money from one mayoral campaign to another. Jail time is a significant consequence that reflects the seriousness of his efforts to obstruct justice and subvert the democratic process.”
“Corruption will not be overlooked or tolerated, no matter the level of government, the complexity of the scheme, or the names of those committing the fraud,” said Assistant Director in Charge Parlave. “The FBI will continue to pursue public corruption cases in order to bring confidence to the citizens of the District of Columbia, who deserve government officials who are elected fairly and without scandal.”
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Prior to 2010, Gore had experience working with “Candidate A” in other campaigns. He was the official treasurer of “Candidate A’s” campaigns in 2004 and 2006 and was well aware of the dictates of local campaign finance laws. The illegal activities began in or around June 2010. Gore provided Brooks with money orders, which had been purchased with excessive or unattributed cash contributions to the campaign of “Candidate A.” Brooks filled in the names of real persons who had not contributed these funds in the purchaser lines of these money orders.
The statement of offense details a total of five such money orders in June and July of 2010, totaling $660, which Gore provided to Brooks for “Candidate B.”
Gore kept a record of these funds, noting the amounts provided, in a spiral notebook.
“Candidate B” subsequently reported the receipt of the money orders, in the names of the purported purchasers, as individual contributions he received, listing them in reports to the District of Columbia’s Office of Campaign Finance of the Board of Elections and Ethics.
The campaign finance charges stem from Gore’s handling of the money orders.
The obstruction charge involves actions taken by Gore months after the election. On March 6, 2011, allegations by “Candidate B” about the campaign of “Candidate A” appeared in the news media. In these reports, “Candidate B” alleged that, during the 2010 campaign, he had been promised a job in a future “Candidate A” administration. In addition, “Candidate B” said that he received payments from two members of the campaign for “Candidate A” in return for staying in the mayoral race and continuing to attack Mr. Fenty.
On March 9, 2011, the U.S. Attorney’s Office for the District of Columbia issued a public statement that the U.S. Attorney’s Office and the FBI were assessing the allegations made by “Candidate B.” Throughout the rest of 2011, agents from the FBI interviewed witnesses and collected documents related to the allegations.
Shortly after “Candidate B’s” allegations became public, Gore shredded the spiral notebook in which he had kept a record of payments to “Candidate B.” He did so to prevent law enforcement from finding out about the diversion of funds, which he knew to be illegal.
In addition, during an interview with the FBI on Oct. 13, 2011, Gore made a number of false statements about the spiral notebook and the records that he kept.
In announcing the sentence, U.S. Attorney Machen and Assistant Director in Charge Parlave commended the work of those who investigated the case for the FBI.
They also expressed appreciation to Criminal Investigators Matthew Kutz, Mark Crawford, and Melissa Matthews; Paralegal Specialists Tasha Harris, Shanna Hays, Sylvester Brown, and Diane Hayes, and former Legal Assistant Jared Forney, all of the U.S. Attorney’s Office.
Finally, they acknowledged the work of Assistant U.S. Attorney Ellen Chubin Epstein and former Assistant U.S. Attorney Mary Chris Dobbie, who investigated and prosecuted this matter.
13-262First Defendant Pleads Guilty for Role in Operation of International Sportsbook Operated by Organized Crime EnterpriseRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that BRYAN ZURIFF, a Hollywood producer, pled guilty in Manhattan federal court in connection with his role in the operation of a high-stakes illegal sports gambling business run by an organized crime enterprise. ZURIFF pled guilty yesterday before U.S. District Court Judge Jesse M. Furman to accepting a financial instrument in connection with unlawful Internet gambling.
Manhattan U.S. Attorney Preet Bharara said: “Bryan Zuriff spanned the coasts with his crimes, by operating his own illegal gambling enterprise in Los Angeles, and helping to operate a vast illegal gambling enterprise in New York. With his plea, he becomes the first defendant, but not the last, to be convicted in this sprawling script of criminal conduct.”
ZURIFF was charged in April 2013 in a 34-defendant indictment charging members and associates of two Russian-American organized crime enterprises with various crimes, including racketeering, money laundering, extortion, and various gambling offenses. ZURIFF is the first defendant in the case to plead guilty.
According to the Indictment, other documents filed in this case, statements made at various conferences and at the guilty plea, and other information in the public record:
ZURIFF operated his own illegal gambling business that catered to gamblers seeking to bet on the outcome of various sporting events (commonly referred to as a “sportsbook”) in Los Angeles, California. He also assisted Hillel Nahmad, Illya Trincher, and others in operating their own high-stakes sportsbook in New York that catered to millionaires and billionaires. Those clients typically placed bets online through various accounts maintained on gambling websites that were operating illegally in the United States. Tens of millions of dollars in bets were placed through those online accounts each year.
ZURIFF, 44, of Brentwood, California, faces a maximum sentence of five years in prison and three years of supervised release. As part of his guilty plea, he agreed to forfeit $500,000 to the United States. ZURIFF is scheduled to be sentenced by Judge Furman on November 25, 2013 at 3 p.m.
The charges against Hillel Nahmad, Illya Trincher, and the other 31 defendants in this case are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Mr. Bharara praised the investigative work of the Federal Bureau of Investigation, Internal Revenue Service, and the New York City Police Department.
The case is being prosecuted by the Office’s Organized Crime Unit. Assistant U.S. Attorneys Harris M. Fischman, Joshua A. Naftalis, Peter Skinner, and Kristy J. Greenberg of the Organized Crime Unit are in charge of the prosecution. Assistant U.S. Attorney Alexander Wilson of the Office’s Asset Forfeiture Unit is responsible for the forfeiture aspects of the case.
Tokhtakhounov, Alimzhan et al. Indictment
Federal Jury Finds Mexican National Guilty on Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict late yesterday afternoon against Yuren Aranda-Diaz, 34, a Mexican national illegally in the United States, on drug trafficking and firearms charges after a two-day trial. The guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Ray Schultz of the Albuquerque Police Department (APD).
Aranda-Diaz was arrested on Oct. 2, 2012, on a criminal complaint on drug trafficking, firearms and immigration charges after he sold heroin to an APD informant. Thereafter, Aranda-Diaz was indicted and charged with (1) being an alien in possession of a firearm; (2) being a felon in possession of a firearm; (3) possession of heroin with intent to distribute; (4) distribution of heroin; (5) using and carrying a firearm in relation to a drug trafficking crime; and (6) unlawful re-entry into the United States after previously having been deported.
Court filings reflect that Aranda-Diaz was prohibited from possessing firearms because he was an alien illegally in the United States. He also was prohibited from possessing firearms because he previously had been convicted of re-entry by a deported alien on two occasions, being a felon in possession of a firearm, and being an alien in possession of a firearm in the U.S. District Court for the District of New Mexico. He also previously had been convicted for possession of cocaine in the 2nd Judicial District Court for the State of New Mexico.
On the morning of July 24, 2013, Aranda-Diaz entered guilty pleas to Counts 1, 2 and 6 of the indictment and immediately thereafter proceeded to trial on Counts 3, 4 and 5 of the indictment. The trial of the case concluded late yesterday afternoon when the jury returned a verdict finding Aranda-Diaz guilty on all three counts.
The evidence at trial established that on the afternoon of Oct. 2, 2012, a confidential informant working for APD purchased an ounce of heroin from Aranda-Diaz for $750.00, in the vicinity of 5th Street and Menaul Blvd. NW, in Albuquerque. Shortly thereafter, APD officers arrested Aranda-Diaz and recovered the $750.00 used by the informant to purchase the heroin. The officers also found a loaded pistol on the front seat of the passenger seat of Aranda-Diaz’s vehicle. The jury deliberated for less than two hours before returning a guilty verdict on the three counts that were tried.
Aranda-Diaz has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Aranda-Diaz faces a maximum sentence of ten years in prison on each of Counts 1, 2 and 6 of the indictment and 20 years in prison on each of Counts 3 and 4. Aranda-Diaz also faces a mandatory five years in prison on Count 5 which must be served consecutive to any prison sentence imposed on the other five counts of the indictment.
This case was investigated by the Albuquerque office of HSI and APD, and is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Novaline D. Wilson.
Federal Indictment Charges Johnston Resident with Credit Card Fraud, Aggravated Identity Theft, Social Security FraudRead the Press Release
PROVIDENCE, R.I. – A five-count federal indictment returned on Wednesday and unsealed today in U.S. District Court in Providence charges Henry A. Fellela, Jr., 55, of Johnston, with obtaining the identity of a Smithfield resident and using that person’s identity and credit card to purchase more than $3,000 worth of goods. In addition, the indictment alleges that Fellela fraudulently obtained more than $58,000 in Supplementary Social Security benefits by falsely claiming that he was homeless while living with his wife and children in their Johnston residence.
The indictment, announced by United States Attorney Peter F. Neronha, Kevin M. Niland, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, Smithfield Police Chief Richard P. St.Sauveur, Jr. and Scott E. Antolik, Special Agent in Charge of the Boston Field Office of the Social Security Administration, Office of the Inspector General/Office of Investigations, charges Fellela with one count each of credit card fraud, aggravated identity theft and Social Security fraud, and two counts of theft of government funds.
According to the indictment and information presented to the court, it is alleged that an investigation by U.S. Postal inspectors and Smithfield Police revealed that Fellela stole the identity of a Smithfield resident and used that person’s identity and credit card to make several purchases including electronic goods and clothing totaling $3,077.13.
In addition, according to the indictment and information presented to the court, an investigation by the Social Security Administration, Office of the Inspector General/Office of Investigations determined that from March 2004, approximately three months after Fellela was released from federal prison to begin serving a 21-month term of supervised release on an unrelated matter, and continuing until about June 1, 2012, Fellela allegedly claimed to be homeless, and applied for and received Supplementary Security Benefits totaling $58,207.34. It is alleged that during the time Fellela claimed to be homeless and was allegedly collecting benefit payments he was actually living with his wife and children in their Johnston residence.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Fellela, who was arrested earlier today by U.S. Postal inspectors, Smithfield Police, Johnston Police and an agent from the Social Security Administration, Office of the Inspector General/Office of Investigations, was arraigned before U.S. District Court Magistrate Judge Patricia A. Sullivan. A plea of not guilty was entered. Fellela was released on $50,000 unsecured bond to home incarceration with electronic monitoring.If convicted, Fellela faces up to 10 years imprisonment, 3 years supervised release and a fine $250,000 on the charge of credit card fraud; up to 10 years imprisonment, 3 years supervised release and a fine $250,000 on each charge of theft of government property; 5 years imprisonment, 3 years of supervised release and a fine of $250,000 on the charge of Social Security fraud; and 2 years imprisonment for aggravated identity theft, to be served consecutive to all other sentences imposed.
The case is being prosecuted by Assistant U.S. Richard W. Rose.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Farmington Man Pleads Guilty to Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Martin Moreno, 52, of Farmington, N.M., pleaded guilty earlier today to drug trafficking and firearms charges under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Moreno will be sentenced to 15 years in federal prison. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, 11th Judicial District Attorney Robert P. “Rick” Tedrow, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Commander of the Region II Narcotics Task Force.
Moreno was arrested on March 8, 2012, on a criminal complaint charging him with drug trafficking offenses. Moreno subsequently was charged in a seven-count second superseding indictment with possession of methamphetamine, cocaine and marijuana with intent to distribute; using and carrying a firearm in furtherance of a drug trafficking crime; and three counts of being a felon in possession of firearms and ammunition. According to court records, Moreno possessed the narcotics, numerous firearms and ammunition on Feb. 27, 2012, in San Juan County, N.M. At the time, Moreno was prohibited from possessing firearms and ammunition because he previously had been convicted of trafficking cocaine in the 11th Judicial District Court for the State of New Mexico in San Juan County. Moreno was arrested on state charges on Feb. 27, 2012, which were dismissed after the federal charges were filed.
The charges against Moreno arose from evidence seized on Feb. 27, 2012, when the Region II Narcotics Task Force and HSI executed a search warrant authorizing searches of Moreno’s residence, two storage lockers and truck. They also were based on Moreno’s post-arrest statement which included an acknowledgement that he was the owner of the contents of the storage lockers and his truck.
This morning, Moreno entered a guilty plea to all seven counts of the second superseding indictment. In his plea agreement, Moreno admitted that on Feb., 27, 2012, he possessed approximately 120 grams of methamphetamine, a kilogram of cocaine and a kilogram of marijuana, all of which were stored in a storage locker in Farmington. He also admitted keeping a stolen pistol and ammunition in the storage locker for the purpose of protecting the drugs.
Moreno also admitted that in a different storage locker, he stored 14 firearms, including a machine gun, shotguns, hunting rifles and semi-automatic rifles. He acknowledged that as a convicted felon, he was prohibited from owning firearms.
In his plea agreement, Moreno also admitted possessing additional amounts of drugs, including a small amount of methamphetamine and a supply of marijuana, and a pistol at his residence. Moreno also acknowledged that the $3,000 in cash were found in his bedroom and the $66,000 in cash found in his truck were the proceeds of his narcotics trafficking activities.
Moreno has been in federal custody since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled. In addition to the 15 year prison sentence, the plea agreement also requires that Moreno forfeit the firearms, ammunition and narcotics proceeds seized on Feb. 27, 2012.
This case was investigated by the Albuquerque office of HSI and the Region II Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Samuel A. Hurtado as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Eleven More Defendants Plead Guilty in Staged Automobile Accident SchemeRead the Press Release
92 defendants have been charged to date in Operation Sledgehammer I-VI
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Michael J. DePalma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Jeff Atwater, Florida Chief Financial Officer, and Dave Aronberg, State Attorney, Office of the State Attorney for Palm Beach County, announced that defendants Helenne Vazquez, 30, of West Palm Beach, Maykel Marquez, 32, of West Palm Beach, and Juan Francisco Avon, 61, of Miami, pled guilty today for their participation in a staged automobile accident and fraudulent chiropractic clinic scheme that resulted in the theft of millions of dollars from Florida’s automobile insurance companies and Florida drivers. Defendants Yenisleydi Ramos, 26, of West Palm Beach, and Noelia Marichal, 52, of West Palm Beach, pled guilty yesterday; defendants Nelson Felix Martinez Torres, 47, of West Palm Beach, Yanet Hernandez Marichal, a/k/a Yanet Hernandez, 26, of West Palm Beach, and Oscar Montiel Martinez, 34, of Lake Worth, pled guilty on July 23, 2013; defendant Wilfredo Sauceda, 33, of West Palm Beach, pled guilty on July 22, 2013; defendant Alien Moya, 29, of West Palm Beach, pled guilty on July 19, 2013; and Yeisy Chouza, 31, of Miami, pled guilty on July 9, 2013.
Defendant Chouza is scheduled to be sentenced on September 30, 2013, at 9:00 a.m. before U.S. District Judge Kenneth A. Marra in West Palm Beach along with three other defendants who entered guilty pleas in June. Defendants Alien Moya, Wilfredo Sauceda, Oscar Montiel Martinez, Nelson Felix Martinez Torres, and Yanet Hernandez Marichal are scheduled to be sentenced on October 21, 2013, beginning at 9:00 a.m. before Judge Marra. Defendants Yenisleydi Ramos, Noelia Marichal, Helenne Vazquez, Maykel Marquez, and Juan Francisco Avon are scheduled to be sentenced on October 28, 2013, beginning at 9:00 a.m. before Judge Marra.
Each of the defendants pled guilty to one count of conspiring to commit mail fraud, in violation of Title 18, United States Code, Section 1341, all in violation of Title 18, United States Code, Section 1349. Some of the defendants also pled guilty to mail fraud, in violation of Title 18, United States Code, Sections 1341 and 2; conspiring to commit money laundering, in violation of Title 18, United States Code, Sections 1956(a)(1), all in violation of Title 18, United States Code, Section 1956(h); and money laundering, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i), 1956(a)(1)(B)(i), 1956(a)(1)(B)(ii), and 2.
For each count of conspiracy to commit mail fraud, substantive mail fraud, conspiracy to commit money laundering, and substantive money laundering the defendants face a possible maximum statutory sentence of 20 years in prison. Restitution to the victims of the offenses is mandatory.
According to court documents, between approximately October 2006 and December 2012, the defendants staged automobile accidents and thereafter caused the submission of false insurance claims through chiropractic clinics they controlled. To execute the scheme, the true owners of the chiropractic clinics recruited individuals, who had the medical or chiropractic licenses required by the state to open a clinic, to act as “nominee owners” of the clinics. The defendants also recruited individuals, whom they referred to as “Perro” and “Perra,” to participate in the accidents, and others to help the clinics launder the insurance proceeds. The defendants also hired complicit chiropractors and therapists who prescribed and billed for unnecessary treatments and/or for services that had not been rendered. Thereafter, complicit clinic employees prepared and submitted claims to the automobile insurance companies for payment for these unnecessary or non-rendered services. Twenty-one clinics participated in this scheme.
Starting with Operation Sledgehammer I in June 2011 and including the defendants charged in Operation Sledgehammer VI, 92 defendants have been charged for their participation in this automobile insurance fraud scheme. Of those 92 defendants, 56 have been charged federally by the U.S. Attorney’s Office, resulting in court-ordered restitution of more than $5 million to the defrauded insurance companies. Thirty-six defendants have been arrested by the Florida Department of Financial Services – Insurance Fraud Division for prosecution by the Palm Beach County State Attorney’s Office.
Mr. Ferrer commended the efforts of the FBI, IRS-CI, the Florida Department of Insurance Fraud, the Palm Beach County State Attorney’s Office, and the Greater Palm Beach County Health Care Fraud Task Force for their outstanding work in this case. Mr. Ferrer also recognized the National Insurance Crime Bureau (NICB) for its collaboration and assistance in this investigation. The federal cases are being prosecuted by Assistant U.S. Attorney A. Marie Villafaña and the state cases are being prosecuted by the Palm Beach County State Attorney’s Office.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Dubuis Health System and Southern Crescent Hospital for Specialty Care, Inc. to Pay U.S. $8 Million to Resolve <br /> False Claims Act AllegationsRead the Press Release
Dubuis Health System and Southern Crescent Hospital for Specialty Care, Inc. (Southern Crescent) have agreed to pay the United States $8,000,000 to settle allegations that they submitted false claims to Medicare, the Justice Department announced today. Dubuis Health System manages long-term acute care hospitals in multiple states, including Southern Crescent. Southern Crescent is a long-term acute care hospital located in Riverdale, GA and is part of the CHRISTUS Health System.
Long term acute care hospitals are similar to typical acute care hospitals except that they are certified to focus on patients with more complex medical needs who, on average, remain in the hospital more than 25 days. Long term acute care hospitals receive a higher rate of Medicare reimbursement than do typical acute care hospitals. This settlement resolves allegations that between 2003 and 2009, Dubuis Health System and Southern Crescent knowingly kept patients hospitalized beyond the time considered to be medically necessary, to increase their Medicare reimbursement and to maintain Southern Crescent’s classification as a long-term acute care facility.
"Billing Medicare for patient care that is not necessary or appropriate contributes to the soaring costs of health care. This settlement demonstrates the Department of Justice’s commitment to protect public funds and guard against abuse of the Medicare system,” said Stuart F. Delery, the Acting Assistant Attorney General of the Justice Department’s Civil Division.
“Hospitals that violate the public trust by keeping patients hospitalized beyond what is medically necessary will not be tolerated. Our office will continue to bring cases that enforce our health care laws,” said Kenneth Magidson, United States Attorney for the Southern District of Texas.
This matter was initiated by the filing of a whistleblower complaint under the False Claims Act (FCA). Under the FCA, private citizens can bring suit for false claims on behalf of the United States and receive a share of the recovery obtained by the Government. The whistleblower in this matter, Darlene Tucker, was a former administrator at Southern Crescent. As a result of this settlement, Ms. Tucker will receive $2,160,000 of the United States’ recovery.
This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover more than $10.7 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $14.7 billion.
The case was jointly handled by the U.S. Attorney’s Office for the Southern District of Texas, the Justice Department’s Civil Division, and the Office of the Inspector General of the Department of Health and Human Services. The claims resolved by this settlement are allegations only, and there has been no determination of liability.
The case is captioned United States ex rel. Tucker v. Christus Health and Dubuis Health System, Inc., et al, No. 09-cv-1819 (S.D. Tex.).
District Woman Sentenced to Seven Years in Prison for Traffic Fatality in Southwest Washington-Impaired Driver Struck Pedestrian, Who Died After She Was Pinned to A Tree-Read the Press Release
WASHINGTON – Maria N. Werts, 49, of Washington, D.C., was sentenced today to seven years in prison on charges stemming from a traffic fatality last spring in Southwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Werts pled guilty in May 2013 in the Superior Court of the District of Columbia to involuntary manslaughter and driving under the influence. The plea, which was contingent upon the court’s approval, called for the seven-year prison term. The Honorable Herbert B. Dixon, Jr. accepted the plea and sentenced Werts today. Upon completion of her prison term, Werts will be placed on five years of supervised release.
According to the government’s evidence, on Sunday afternoon, April 28, 2013, Werts was drinking malt liquor and smoking crack cocaine immediately before getting behind the wheel of a 2010 Toyota Yaris. While driving on First Street SW, at about 2:45 p.m., Werts ran a red light at the intersection of South Capitol Street, making an illegal right turn on red. A southbound driver on South Capitol Street had to swerve to avoid colliding with Werts.
Werts lost control of the Toyota she was driving, and mounted the sidewalk adjacent to the southbound lanes of South Capitol Street. The victim, Emmajean Gainey, 58, was walking on that sidewalk with another pedestrian. Both Ms. Gainey and her companion attempted to avoid being struck by Werts, but Werts struck Ms. Gainey head on, and pinned Ms. Gainey against a tree between the sidewalk and the roadway. Ms. Gainey was killed instantly.
Bystanders immediately called 911, and attempted to push the Toyota from Ms. Gainey’s body. Witnesses saw Werts get out of the Toyota’s driver’s seat and attempt to leave the scene. Werts was stopped by witnesses until police arrived. When police arrived, they administered field sobriety tests, which Werts failed. Werts was arrested and, while at a police station, breath tests indicated that her blood alcohol content was above the legal limit for driving. Werts later admitted to drinking alcohol and smoking cocaine immediately prior to getting into the car. While she denied driving the car, stating that she was merely a passenger, several eyewitnesses identified Werts on the scene as the driver responsible for Ms. Gainey’s death.
In announcing the sentence, U.S. Attorney Machen praised those who investigated the case for the Metropolitan Police Department, including members of the Major Crash Unit. He also expressed appreciation for those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Sandra Lane, Shavaka Melvin and Phil Aronson. Finally, he commended the work of Assistant U.S. Attorney Edward A. O’Connell, who prosecuted the matter.
13-261District Man Pleads Guilty to Sexually Assaulting Woman in Attack Following A Gathering at Her Apartment-Victim Was Unconscious at Time of Assault-Read the Press Release
WASHINGTON – Antawon Randall, 28, of Capital Heights, Md., has pled guilty to charges stemming from a sexual assault that he committed against a woman who was unconscious in her own home, U.S. Attorney Ronald C. Machen Jr. announced today.
Randall pled guilty on July 25, 2013, in the Superior Court of the District of Columbia to charges of second-degree sexual abuse and fourth-degree sexual abuse. The Honorable Ronna L. Beck scheduled sentencing for Oct. 11, 2013. Randall faces a statutory maximum of 20 years for the charges. He must also register as a sex offender for at least 10 years.
According to the government’s evidence, on Sept. 8, 2012, the victim and her husband hosted a gathering at their apartment in Southeast Washington. At some point during the gathering, the victim became sick from consuming too much alcohol and passed out.
When the victim’s husband went to work, Randall snuck into her bedroom and sexually assaulted her while she was unconscious.
In announcing the plea, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department’s Sexual Assault Unit. He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the matter.
13-263Davenport Man Sentenced to 18 Months Imprisonment for Firearm OffenseRead the Press Release
DAVENPORT, IA – On July 25, 2013, Mark Timothy Hudson, age 19, of Davenport, Iowa, was sentenced to 18 months imprisonment by Chief United States District Judge James E. Gritzner for being a felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Judge Gritzner also sentenced Alvarado to three years of supervised release.
On September 3, 2012, police responded to Hudson’s residence due to a domestic disturbance. Hudson fled from the residence and discarded a .357 magnum revolver in bushes nearby. Police recovered the firearm and arrested Hudson, who had previously been convicted of a felony offense.
This case was investigated by the Davenport, Iowa, Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Davenport Man Sentenced to 161 Months in Prison for Conspiracy to Distribute Cocaine BaseRead the Press Release
DAVENPORT, IA – On July 25, 2013, Keevin J. Hanes, age 26, was sentenced by United States District Judge James E. Gritzner to 161 months imprisonment for conspiracy to distribute, and possession with intent to distribute, 280 grams or more of cocaine base, announced United States Attorney Nicholas A. Klinefeldt. Hanes was also ordered to serve five years of supervised release following the imprisonment, and to pay $100 towards the Crime Victims Fund.
Beginning in approximately September 2011 and continuing until about December 26, 2012, Hanes conspired with others to distribute cocaine base in the Davenport, Iowa, area. Hanes purchased cocaine from various persons which was then converted to cocaine base and redistributed in the Davenport area. As part of the investigation, law enforcement officers conducted searches of Hanes’ Davenport residence on two occasions and seized cocaine base, cocaine, a digital scale, packaging material, drug paraphernalia, and a significant amount of U.S. currency.
This case was investigated by the Davenport, Iowa, Police Department; the United States Drug Enforcement Administration; the Muscatine County Drug Task Force; and the Iowa Department of Public Safety-Division of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Darrin Young Arrested for Threatening the Life of the President of the United StatesRead the Press Release
Memphis, TN – Darrin Young, a/k/a Darrin Fleming, 39, of Memphis, TN, has been charged in a criminal complaint with threatening the life of President Barack Obama, announced U.S. Attorney Edward L. Stanton III today.
Investigators first became aware of the threat while listening to phone conversations between Young and Tabitha Gentry. Gentry has been incarcerated in the Shelby County Jail since March 2013 on charges of theft of property over $250,000 and assaulting two police officers. Gentry allegedly took unlawful possession of a multi-million dollar residence on Shady Grove Road in Memphis, claiming rights to the property as a sovereign citizen.
On or about July 11, 2013, a conversation was recorded between Young and Gentry. The complaint alleges that Young stated they are going to “burn” Barack Obama; that they are going to “kill” him (President Obama); and that they are going to “murk” him (President Obama) and the Justice Department. Murk is street slang for murder.
Young is in custody awaiting an initial appearance. This case was investigated by the United States Secret Service. Assistant U.S. Attorneys Fred Godwin and Mark Erskine are representing the government.# # # #
The charges and allegations contained in this complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.C’erra Dawn Clark 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 July 26, 2013, before Chief U.S. District Judge Dana L. Christensen, C'ERRA DAWN CLARK, a 23-year-old resident of Poplar, was sentenced to a term of:
Prison: 33 months
Special Assessment: $100
Supervised Release: 3 years
CLARK was sentenced in connection with her guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On March 18, 2012, CLARK became frustrated and shook her infant child. She then threw the infant on the bed. CLARK admitted to law enforcement that she had shaken the baby. Another individual witnessed this, and recalled seeing CLARK shake the baby enough to "really upset him." Shortly after CLARK shook her, the baby began having seizures.
The child was taken to the local hospital then transported out of state to a Colorado children's hospital, where she was diagnosed with retinal hemorrhages and underwent an operative procedure involving the placement of a bilateral subdural-peritoneal shunt. The child's diagnosis for fully-restored sight is "guarded," as described by medical personnel.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CLARK will likely serve all of the time imposed by the court. In the federal system, CLARK 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 cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Chicago Man Sentenced to 18 Years Imprisonment for Drug OffensesRead the Press Release
DAVENPORT, IA – On July 25, 2013, Carlos Alvarado, age 45, from Chicago, Illinois, was sentenced by Chief United States District Judge James E. Gritzner to 18 years imprisonment for possession with intent to distribute methamphetamine, announced United States Attorney Nicholas A. Klinefeldt. Judge Gritzner also sentenced Alvarado to eight years of supervised release.
On May 19, 2012, Alvarado met with a buyer in Burlington, Iowa, for the purpose of distributing methamphetamine. Alvarado agreed to sell the individual one-half pound of methamphetamine for $10,500. When Alvarado’s vehicle was searched, agents seized two packages containing a total of approximately 340 grams, or 12 ounces, of methamphetamine.
This case was investigated by the Drug Enforcement Administration, and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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