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Thursday 30 May 2013
Needham Financial Advisor Sentenced to 33 Months in Securities FraudRead the Press Release
BOSTON – A Needham woman was sentenced today for defrauding a financial advisory client in connection with a bogus securities investment.
Jane E. O’Brien, 60, of Needham, was sentenced by U.S. District Judge Nathaniel M. Gorton, to 33 months in prison and ordered to pay restitution and forfeit of $240,000. In December 2012, O’Brien pleaded guilty to securities fraud.
O’Brien, a former financial advisor at Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), offered her client an opportunity to invest $240,000 in an interest-bearing note, convertible to stock in a privately held software company. In fact, the investment opportunity was a sham; O’Brien kept the money for herself, and used it to pay personal expenses. O’Brien also borrowed approximately $1.7 million from the client, in violation of securities industry rules and Merrill Lynch’s own internal policies, and paid back only a fraction of that amount.
United States Attorney Carmen M. Ortiz and Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Stephen E. Frank of Ortiz’s Economic Crimes Unit.
Middletown Man Sentenced to Federal Prison for Illegally Selling Firearms to Convicted FelonRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that CHRISTOPHER DOBOSZ, 30, of Middletown, was sentenced today by United States District Judge Robert N. Chatigny in Hartford to 18 months of imprisonment, followed by three years of supervised release, for illegally selling firearms. DOBOSZ was ordered to serve the first six months of his supervised release in home confinement.
According to court documents and statements made in court, on three occasions in August 2012, DOBOSZ met an individual working with law enforcement at a parking lot in New Haven and sold a total of seven firearms to the individual in exchange for $5,300. One of the firearms had been reported stolen and one had an obliterated serial number. DOBOSZ knew that the purchaser was a convicted felon who planned to re-sell the firearms.
DOBOSZ has been detained since his arrest on September 26, 2012. On February 15, 2013, he pleaded guilty to one count of illegally engaging in the business of dealing in firearms.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant United States Attorney Vanessa Richards.
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[email protected]Medicare Beneficiary Sentenced to Imprisonment for Accepting Kickbacks from Home Health AgencyRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Ronald Verrochio, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Field Office, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Christopher B. Dennis, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), announced today the sentencing of defendant Rene Suarez-Basanta, 67, to imprisonment for receiving kickbacks from a home health agency.
Defendant Suarez-Basanta was sentenced by U.S. District Judge Ursula Ungaro to 12 months imprisonment, to be followed by three years of supervised release. Suarez-Basanta was also ordered to pay restitution to the Medicare trust fund in the amount of $16,740.57. Judge Ungaro cited the need to deter this behavior in the community as a factor in issuing the sentence.
The conviction of Suarez-Basanta stemmed from the investigation of Safe Home Health Care, Inc., a home health agency in Miami that was offering and paying kickbacks to obtain beneficiaries to serve as patients for home health services, mostly physical therapy. Conspirators at the agency used the beneficiary information to bill Medicare. Defendant Suarez-Basanta and co-defendant Marta Gonzalez were convicted of conspiring to pay and receive kickbacks. Defendant Gonzalez was also convicted of two additional counts for soliciting and accepting kickbacks in exchange for serving as a patient of Safe Home Health Care, Inc. and having her parents serve as patients of Safe Home. Defendant Gonzalez was sentenced to 15 months imprisonment and three years of supervised release. Judge Ungaro had previously sentenced co-defendant Jorge Sell to 97 months imprisonment and three years of supervised release.
In total, nine defendants have been convicted of paying and receiving health care kickbacks in this investigation.
Mr. Ferrer commended the investigative efforts of the U.S. Postal Inspection Service, FBI, and HHS-OIG. The case was prosecuted by Assistant U.S. Attorney Eric Morales.
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.
Manssor Arbabsiar Sentenced in New York City Federal Court to 25 Years in Prison for Conspiring with Iranian Military Officials to Assassinate the Saudi Arabian Ambassador to the United StatesRead the Press Release
Manssor Arbabsiar, aka “Mansour Arbabsiar,” was sentenced today in New York City federal court to 25 years in prison for participating in a plot to murder the Saudi Arabian Ambassador to the U.S. while the Ambassador was in the U.S., announced John Carlin, Acting Assistant Attorney General for the National Security Division at the Department of Justice and Preet Bharara, U.S. Attorney for the Southern District of New York.
Arbabsiar, a 58 year-old naturalized U.S. citizen holding both Iranian and U.S. passports, was arrested on Sept. 29, 2011, at John F. Kennedy International Airport. He pleaded guilty on Oct. 17, 2012, to one count of murder-for-hire, one count of conspiracy to commit murder-for-hire, and one count of conspiracy to commit an act of terrorism transcending national boundaries before U.S. District Judge John F. Keenan, who also imposed today’s sentence.
“Thanks to the collaborative efforts of many U.S. law enforcement and intelligence professionals, Manssor Arbabsiar is today being held accountable for his role in this assassination plot,” said Acting Assistant Attorney General for National Security John Carlin. “I applaud all those responsible for ensuring that Arbabsiar and his co-conspirators in Iran’s Qods Force failed in their efforts. Today’s sentencing serves as a reminder of the evolving threat environment we face.”
“Manssor Arbabsiar was an enemy among us – the key conduit for, and facilitator of, a nefarious international plot concocted by members of the Iranian military to assassinate the Saudi Ambassador to the United States and as many innocent bystanders as necessary to get the job done,” said U.S. Attorney Bharara. “And but for the vigilance of our FBI and DEA partners, his plot, and the unspeakable harm it would have caused, may well have come to fruition, which is exactly why our commitment to using every resource we have to root out, prosecute and punish people like Arbabsiar, who act as emissaries for our enemies, remains unflagging.”
According to the complaint and indictment filed in federal court:From the spring of 2011 to October 2011, Arbabsiar and his Iran-based co-conspirators, including members of Iran’s Qods Force, plotted the murder of the Saudi Arabian Ambassador to the U.S. In furtherance of this conspiracy, Arbabsiar met on a number of occasions in Mexico with a DEA confidential source (CS-1) who posed as an associate of a violent international drug trafficking cartel. Arbabsiar arranged to hire CS-1 and CS-1’s purported accomplices to murder the Ambassador with the awareness and approval of his Iran-based co-conspirators. Arbabsiar wired approximately $100,000 to a bank account in the U.S. as a down payment to CS-1 for the anticipated killing of the Ambassador, which was to take place in the U.S, also with the approval of his co-conspirators.
The Qods Force is a branch of the Iranian Islamic Revolutionary Guard Corps (IRGC), which conducts sensitive covert operations abroad, including terrorist attacks, assassinations, and kidnappings, and is believed to have sponsored attacks against Coalition Forces in Iraq. In October 2007, the U.S. Treasury Department designated the Qods Force as a terrorist supporter for providing material support to the Taliban and other terrorist organizations.
Arbabsiar met with CS-1 in Mexico on several occasions between May 2011 and July 2011. During the course of these meetings, he inquired as to CS-1’s knowledge with respect to explosives and explained that he was interested in, among other things, attacking an embassy of Saudi Arabia and the murder of the Saudi Ambassador to the U.S. In a July 14, 2011 meeting in Mexico, CS-1 told Arbabsiar that he would need to use at least four men to carry out the Ambassador’s murder and that his price for doing so was $1.5 million. Arbabsiar agreed and stated that the murder of the Ambassador should be handled first, before the execution of other attacks that he had discussed with CS-1. Arbabsiar also indicated that he and his associates had $100,000 in Iran to give CS-1 as a first payment toward the assassination.
During the same meeting, Arbabsiar also described to CS-1 his cousin in Iran, who he said had requested that Arbabsiar find someone to carry out the Ambassador’s assassination. Arbabsiar indicated that his cousin was a “big general” in the Iranian military, that he focuses on matters outside of Iran, and that he had taken certain unspecified actions related to a bombing in Iraq.
In a July 17, 2011, meeting in Mexico, CS-1 noted to Arbabsiar that one of his workers had already traveled to Washington, D.C., to surveil the Ambassador. CS-1 also raised the possibility of innocent bystander casualties. Arbabsiar made it clear that the assassination needed to go forward, despite mass casualties, telling CS-1, “They want that guy [the Ambassador] done [killed], if the hundred go with him f**k ‘em.” CS-1 and Arbabsiar discussed bombing a restaurant in the U.S. that the Ambassador frequented. When CS-1 noted that others could be killed in the attack, including U.S. senators who dine at the restaurant, Arbabsiar dismissed these concerns as “no big deal.”
On Aug. 1 and Aug. 9, 2011, Arbabsiar caused two overseas wire transfers totaling approximately $100,000 to be sent to an FBI undercover account as a down payment for CS-1 to carry out the assassination. Later, Arbabsiar explained to CS-1 that he would provide the remainder of the $1.5 million after the assassination. On Sept. 20, 2011, CS-1 told Arbabsiar that the operation was ready and requested that he either pay one half the agreed upon price ($1.5 million) for the murder or that Arbabsiar personally travel to Mexico as collateral for the final payment of the fee. Arbabsiar agreed to travel to Mexico to guarantee final payment for the murder.
On Sept. 28, 2011, Arbabsiar flew to Mexico, and he was refused entry into the country and placed on a return flight destined for his last point of departure. The following day, Arbabsiar was arrested by federal agents during a flight layover at JFK International Airport in New York. Several hours after his arrest, Arbabsiar was advised of his Miranda rights and he agreed to waive those rights and speak with law enforcement agents. During a series of Mirandized interviews, Arbabsiar confessed to his participation in the murder plot.
In addition, Arbabsiar admitted to agents that, in connection with this plot, he was recruited, funded, and directed by men he understood to be senior officials in Iran’s Qods Force. He said these Iranian officials were aware of, and approved of, the use of CS-1 in connection with the plot, as well as payments to CS-1, the means by which the Ambassador would be killed in the U.S., and the casualties that would likely result.
Arbabsiar also told agents that his cousin, whom he had long understood to be a senior member of the Qods Force, had approached him in the early spring of 2011 about recruiting narco-traffickers to kidnap the Ambassador. He told agents that he then met with CS-1 in Mexico and discussed assassinating the Ambassador. Arbabsiar said that afterwards, he met several times in Iran with Gholam Shakuri, aka “Ali Gholam Shakuri,” a co-conspirator and Iran-based member of the Qods Force, and another senior Qods Force official, where Arbabsiar explained that the plan was to blow up a restaurant in the U.S. frequented by the Ambassador and that numerous bystanders would be killed. According to Arbabsiar, the plan was approved by these officials.
In October 2011, after his arrest, Arbabsiar made phone calls at the direction of law enforcement to Shakuri in Iran that were monitored. During these calls, Shakuri confirmed that Arbabsiar should move forward with the plot to murder the Ambassador and that he should accomplish the task as quickly as possible, stating on Oct. 5, 2011, “[j]ust do it quickly, it’s late…” Shakuri also told Arbabsiar that he would consult with his superiors about whether they would be willing to pay CS-1 additional money. Shakuri, who was also charged in the plot, remains at large.
* * *
In addition to the prison term, Arbabsiar was ordered to pay forfeiture in the amount of $125,000.
This case was investigated by the FBI Houston Division, the DEA Houston Division, and the FBI New York Joint Terrorism Task Force, with the assistance of the Department of Justice’s Office of International Affairs, its National Security Division, and the Department of State. The Government of Mexico also cooperated with the investigation.
This case is being handled by the U.S. Attorney’s Office for the Southern District of New York, Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Glen Kopp, Edward Kim, and Stephen Ritchin are in charge of the prosecution with assistance from the Counterterrorism Section of the Justice Department’s National Security Division.
Manssor Arbabsiar Sentenced in Manhattan Federal Court to 25 Years in Prison for Conspiring with Iranian Military Officials to Assassinate the Saudi Arabian Ambassador to the United StatesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and John Carlin, the Acting Assistant Attorney General for National Security at the U.S. Department of Justice (“DOJ”), announced that MANSSOR ARBABSIAR, a/k/a “Mansour Arbabsiar,” was sentenced today in Manhattan federal court to 25 years in prison for participating in a plot to murder the Saudi Arabian Ambassador to the U.S., while the Ambassador was in the U.S. ARBABSIAR, a 58 - year-old naturalized U.S. citizen holding both Iranian and U.S. passports, was arrested on September 29, 2011 at John F. Kennedy International Airport. He pled guilty on October 17, 2012 to one count of murder-for-hire, one count of conspiracy to commit murder-for-hire, and one count of conspiracy to commit an act of terrorism transcending national boundaries before U.S. District Judge John F. Keenan, who also imposed today’s sentence.
Manhattan U.S. Attorney Preet Bharara stated: “Manssor Arbabsiar was an enemy among us – the key conduit for, and facilitator of, a nefarious international plot concocted by members of the Iranian military to assassinate the Saudi Ambassador to the United States and as many innocent bystanders as necessary to get the job done. And but for the vigilance of our FBI and DEA partners, his plot, and the unspeakable harm it would have caused, may well have come to fruition, which is exactly why our commitment to using every resource we have to root out, prosecute and punish people like Arbabsiar, who act as emissaries for our enemies, remains unflagging.”
Acting Assistant Attorney General for National Security John Carlin stated: “Thanks to the collaborative efforts of many U.S. law enforcement and intelligence professionals, Manssor Arbabsiar is today being held accountable for his role in this assassination plot. I applaud all those responsible for ensuring that Arbabsiar and his co-conspirators in Iran’s Qods Force failed in their efforts. Today’s sentencing serves as a reminder of the evolving threat environment we face.”
According to the Complaint and Indictment filed in Manhattan federal court:
From the spring of 2011 to October 2011, ARBABSIAR and his Iran-based co-conspirators, including members of Iran’s Qods Force, plotted the murder of the Saudi Arabian Ambassador to the U.S. In furtherance of this conspiracy, ARBABSIAR met on a number of occasions in Mexico with a DEA confidential source (“CS-1”) who posed as an associate of a violent international drug trafficking cartel. ARBABSIAR arranged to hire CS-1 and CS-1’s purported accomplices to murder the Ambassador with the awareness and approval of his Iran-based co-conspirators. ARBABSIAR wired approximately $100,000 to a bank account in the U.S. as a down payment to CS-1 for the anticipated killing of the Ambassador, which was to take place in the U.S, also with the approval of his co-conspirators.
The Qods Force is a branch of the Iranian Islamic Revolutionary Guard Corps (the “IRGC”), which conducts sensitive covert operations abroad, including terrorist attacks, assassinations, and kidnappings, and is believed to have sponsored attacks against Coalition Forces in Iraq. In October 2007, the U.S. Treasury Department designated the Qods Force as a terrorist supporter for providing material support to the Taliban and other terrorist organizations.
ARBABSIAR met with CS-1 in Mexico on several occasions between May 2011 and July 2011. During the course of these meetings, he inquired as to CS-1’s knowledge with respect to explosives and explained that he was interested in, among other things, attacking an embassy of Saudi Arabia and the murder of the Saudi Ambassador to the U.S. In a July 14, 2011 meeting in Mexico, CS-1 told ARBABSIAR that he would need to use at least four men to carry out the Ambassador’s murder and that his price for doing so was $1.5 million. ARBABSIAR agreed and stated that the murder of the Ambassador should be handled first, before the execution of other attacks that he had discussed with CS-1. ARBABSIAR also indicated that he and his associates had $100,000 in Iran to give CS-1 as a first payment toward the assassination.
During the same meeting, ARBABSIAR also described to CS-1 his cousin in Iran, who he said had requested that ARBABSIAR find someone to carry out the Ambassador’s assassination. ARBABSIAR indicated that his cousin was a “big general” in the Iranian military; that he focuses on matters outside of Iran, and that he had taken certain unspecified actions related to a bombing in Iraq.
In a July 17, 2011 meeting in Mexico, CS-1 noted to ARBABSIAR that one of his workers had already traveled to Washington, D.C., to surveil the Ambassador. CS-1 also raised the possibility of innocent bystander casualties. ARBABSIAR made it clear that the assassination needed to go forward, despite mass casualties, telling CS-1, “They want that guy [the Ambassador] done [killed], if the hundred go with him f**k ‘em.” CS-1 and ARBABSIAR discussed bombing a restaurant in the U.S. that the Ambassador frequented. When CS-1 noted that others could be killed in the attack, including U.S. senators who dine at the restaurant, ARBABSIAR dismissed these concerns as “no big deal.”
On August 1 and August 9, 2011, ARBABSIAR caused two overseas wire transfers totaling approximately $100,000 to be sent to an FBI undercover account as a down payment for CS-1 to carry out the assassination. Later, ARBABSIAR explained to CS-1 that he would provide the remainder of the $1.5 million after the assassination. On September 20, 2011, CS-1 told ARBABSIAR that the operation was ready and requested that he either pay one half the agreed upon price ($1.5 million) for the murder or that ARBABSIAR personally travel to Mexico as collateral for the final payment of the fee. ARBABSIAR agreed to travel to Mexico to guarantee final payment for the murder.
On September 28, 2011, ARBABSIAR flew to Mexico, and he was refused entry into the country and placed on a return flight destined for his last point of departure. The following day, ARBABSIAR was arrested by federal agents during a flight layover at JFK International Airport in New York. Several hours after his arrest, ARBABSIAR was advised of his Miranda rights and he agreed to waive those rights and speak with law enforcement agents. During a series of Mirandized interviews, ARBABSIAR confessed to his participation in the murder plot.
In addition, ARBABSIAR admitted to agents that, in connection with this plot, he was recruited, funded, and directed by men he understood to be senior officials in Iran’s Qods Force. He said these Iranian officials were aware of, and approved of, the use of CS-1 in connection with the plot, as well as payments to CS-1, the means by which the Ambassador would be killed in the U.S., and the casualties that would likely result.
ARBABSIAR also told agents that his cousin, whom he had long understood to be a senior member of the Qods Force, had approached him in the early spring of 2011 about recruiting narco-traffickers to kidnap the Ambassador. He told agents that he then met with CS-1 in Mexico and discussed assassinating the Ambassador. ARBABSIAR said that afterwards, he met several times in Iran with Gholam Shakuri, a/k/a “Ali Gholam Shakuri,” a co-conspirator and Iran-based member of the Qods Force, and another senior Qods Force official, where ARBABSIAR explained that the plan was to blow up a restaurant in the U.S. frequented by the Ambassador and that numerous bystanders would be killed. According to Arbabsiar, the plan was approved by these officials.
In October 2011, after his arrest, ARBABSIAR made phone calls at the direction of law enforcement to Shakuri in Iran that were monitored. During these calls, Shakuri confirmed that ARBABSIAR should move forward with the plot to murder the Ambassador and that he should accomplish the task as quickly as possible, stating on October 5, 2011, “[j]ust do it quickly, it’s late…” Shakuri also told ARBABSIAR that he would consult with his superiors about whether they would be willing to pay CS-1 additional money. Shakuri, who was also charged in the plot, remains at large.
In addition to the prison term, Judge Keenan sentenced ARBABSIAR to three years of supervised release. ARBABSIAR was also ordered to pay forfeiture in the amount of $125,000 and a $300 special assessment fee.
Mr. Bharara thanked the FBI Houston Division, the DEA Houston Division, and the FBI New York Joint Terrorism Task Force for their outstanding investigative work on this case and thanked the Department of Justice’s Office of International Affairs, its National Security Division, and the Department of State for their assistance. Mr. Bharara also thanked the Government of Mexico for its cooperation.
This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Glen Kopp, Edward Kim, and Stephen Ritchin are in charge of the prosecution with assistance from the Counterterrorism Section of the National Security Division.
Madison County Man Indicted for BancorpSouth RobberyRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Madison County man for the Feb. 5 robbery of a Madison, Ala., bank, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.
The indictment filed in U.S. District Court charges that ANTONIO LASHAWN DRAKE, 27, robbed the BancorpSouth branch on Hughes Road of more than $5,000. Madison Police arrested Drake at a Huntsville residence the day of the robbery.
The bank robbery charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
The FBI and Madison Police investigated the case. Assistant U.S. Attorney Laura D. Hodge is prosecuting the case.
The public is reminded that an indictment is only a charge. A defendant is presumed innocent and it is the government’s responsibility to prove guilt beyond a reasonable doubt at trial.
Luzerne County Men Plead Guilty to Federal Drug Trafficking OffenseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Estock, age 37, and Frank Suriano, age 44, both of Pittston, Pennsylvania, have pleaded guilty to the charge of conspiracy to distribute more than 500 grams of cocaine. Suriano pleaded guilty Tuesday and Estock pleaded guilty today before Senior United States District Court Judge Edwin M. Kosik.
According to United States Attorney Peter J. Smith, the charges and guilty pleas are part of a continuing investigation into a Pittston area drug ring by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Pennsylvania Attorney General’s Office. The charging documents in this case alleged that Suriano and Estock were part of a scheme to obtain cocaine in New York City transportation and sale in the Luzerne County.
The sentences following these guilty pleas will be imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In these particular cases, the maximum penalty under the federal statute is 40 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.
Assistant United States Attorney John Gurganus is prosecuting the case.
Lead Man Guilty of Unlawfully Structuring Financial TransactionsRead the Press Release
United States Attorney Brendan V. Johnson announced that David Olmsted, a/k/a Dale Cooper, Jr., 60, of Lead, South Dakota appeared before Chief Judge Jeffrey L. Viken, U.S. District Court on May 21, 2013 and pled guilty to a charge of Unlawful Structure of Transactions to Evade Reporting Requirements.
The maximum penalty upon conviction is 5 years’ imprisonment and/or a $250,000 fine.
In February 2011, Olmsted arranged for shipments of Iraqi Dinars, the country’s currency, to be sent from the country of Jordan to the United States in split shipments. Olmsted was aware that every currency shipment had to reported if the value exceeded $10,000, so he split the shipments to avoid exceeding that amount and to avoid having to report the shipments to the Department of Treasury.
The investigation was conducted by U.S. Immigration and Customs Enforcement's Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.
A presentence investigation was ordered and a sentencing date was set for September 13, 2013. The defendant was released on bond pending sentencing.
KC Employee Pleads Guilty to Fraud Scheme to Cheat Health Insurance ProgramRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., employee pleaded guilty in federal court today to his role in a scheme in which hundreds of public employees defrauded their health insurance program of more than $300,000 by falsely claiming to have run marathons and competed in triathlons for cash incentives.
Michael King, 31, of Kansas City, Mo., pleaded guilty before U.S. District Judge Gary A. Fenner to one count of wire fraud.
King, who was employed by the city in the water department, received health insurance coverage from Blue Cross/Blue Shield of Kansas City. As an insured, King was eligible to participate in a wellness program offered by Blue Cross called Points to Blue. The program offered gift cards to King and other insureds based upon entries made to the Points to Blue Web site, logging various exercise programs and diet programs completed by the insureds. Every 1,000 points earned translated to one dollar towards a gift card, up to a maximum of $250 annually for each insured. The more strenuous exercises earned more points.
King admitted that he and other employees submitted false entries to the Points to Blue Web site, claiming they completed extremely strenuous activities in order to fraudulently obtain the maximum gift card of $250. To make even more money in this scheme, King admitted, he and others submitted false entries for other employees and their eligible dependents, in exchange for receiving a portion of the fraudulent gift card proceeds.
King made fraudulent Points to Blue submissions on behalf of 51 employees, resulting in 79 gift cards worth a total of $12,745. Among the fraudulent submissions, on Dec. 3, 2010 King submitted an activity entry to Points to Blue stating that he had completed three duathlons, three marathons, two half marathons, one Olympic lifting competition, and four triathlons.
Under federal statutes, King is subject to a sentence of up to 20 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
Co-defendant Matt Tholen, 29, of Kansas City, Mo., pleaded guilty to the same charge on May 13, 2013. Tholen, an emergency medical technician, admitted that he made fraudulent Points to Blue submissions on behalf of 62 employees, resulting in 144 gift cards worth a total of $17,600. Among the fraudulent submissions, on Jan. 16, 2011 Tholen submitted an activity entry to Points to Blue stating that 5-year-old “TJ” had completed two marathons and two triathlons.
This case is being prosecuted by Assistant U.S. Attorney John E. Cowles. It was investigated by the U.S. Postal Inspection Service Task Force, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Overland Park, Kan., Police Department.
Justice Department Sues to Stop Georgia Tax Return PreparerRead the Press Release
The United States yesterday filed a complaint asking a federal court in Atlanta, Ga., to stop Matthew Adegbite and his companies MAS & Associates CPA, LLC and Mathew A. Adegbite CPA, PC, from preparing federal income tax returns for others, the Justice Department announced today.
The complaint alleges that since at least 2008, Adegbite, who operates out of Tucker, Ga., a suburb of Atlanta, has prepared more than 1,000 returns. The complaint alleges that Adebgite unlawfully understated income tax liabilities and overstated refunds by fabricating and/or exaggerating deductions and tax credits his clients are not eligible to take. Adegbite’s practices include fabricating Schedule C losses for non-existent businesses, and falsely claiming the First Time Home Buyer Credit for taxpayers who did not actually purchase a home. Altogether, the government complaint alleges that the loss to the U.S. Treasury from Adegbite’s activities may be in the millions of dollars.
Over the past decade, the Justice Department’s Tax Division has obtained hundreds of injunctions to stop tax fraud promoters and dishonest tax return preparers. Information about these cases is available on the Justice Department’s website.
Related Materials:
United States v. Matthew Adegbite, et al.
Complaint for Injunctive Relief (PDF)
Judge Sentences Heroin Dealer to 15 Years in PrisonRead the Press Release
PITTSBURGH - A Pittsburgh man has been sentenced in federal court to 188 months in prison on his conviction of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
Senior United States District Judge Maurice B. Cohill imposed the sentence on Jimmie McLaughlin, 36.
According to information presented to the court, on or about July 8, 2011, in the Western District of Pennsylvania, McLaughlin possessed with intent to distribute between 80 and 100 grams of heroin.
Assistant United States Attorney Jonathan B. Ortiz prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Drug Enforcement Administration and the Robinson Township Police for the investigation leading to the successful prosecution of Jimmie McLaughlin.
Johnstown Man Sentenced to 6 Years in Prison for Distributing Crack CocaineRead the Press Release
JOHNSTOWN, Pa. - A resident of Johnstown, Pa., has been sentenced in federal court to 72 months in prison and three years supervised release on his conviction of distributing crack cocaine, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on Kevin L. Scott, 37.
According to information presented to the court, on Nov. 12, 2009, Scott distributed less than five grams of crack cocaine.
Assistant U.S. Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
Mr. Hickton commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force for the investigation leading to the successful prosecution of Scott.
Jewelry Store Robber Pleads Guilty in Federal CourtRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Huby Ramkissoon, age 37, of New York, New York, pleaded guilty today to the May 14, 2008 robbery of Dunay Jewelers, Wilkes-Barre, Pennsylvania, before Senior United States District Court Judge James M. Munley.
According to United States Attorney Peter J. Smith, the charges and guilty plea are part of a continuing investigation into a 2008 scheme to rob Luzerne County jewelry stores. To date, four other individuals have been charged in connection with that scheme in either federal or state court. Devon Nash and Jerry Smith were charged and convicted in federal court in connection with the May 5, 2008 robbery of the Steve Hydock Diamonds in Kingston, Pennsylvania. Jerry Smith and Jason Soto were charged and convicted in connection with the May 14, 2008 robbery of Dunay Jewelers, a jewelry store located in Wilkes-Barre, Pennsylvania. Smith was convicted in federal court, and Soto was convicted in state court. Finally, Kirk Robinson was recently charged by the federal grand jury with conspiracy to use firearms in connection with both robberies and is pending trial on the charges.
Huby Ramkissoon was originally charged by a Complaint in 2008 by the Wilkes-Barre Police for the robbery. At the time the Complaint was filed in 2008, Ramkissoon was a fugitive. On October 16, 2012, a federal grand jury in Scranton returned an Indictment against Ramkissoon charging him with the robbery scheme.
On December 18, 2012, Special Agents of the Federal Bureau of Investigation located and arrested Ramkissoon in New York City.
Today, Ramkissoon pleaded guilty to two counts associated with the Dunay Jewelers robbery; (1) interference with commerce by robbery; and (2) using and brandishing a firearm in furtherance of the robbery.
The sentence following this guilty plea will be imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is life 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.
Assistant United States Attorney John Gurganus is prosecuting the case.
Jefferson City Attorney Indicted for Marriage Fraud ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Jefferson City, Mo., attorney has been indicted by a federal grand jury for enlisting a U.S. citizen to marry a Ukrainian national (who is also charged in the indictment) so that she could remain in the United States and seek citizenship.
James Douglas Barding, 60, of Jefferson City, and Darya Chernova, 38, of Chandler, Ariz., were charged in a four-count indictment that was returned under seal by a federal grand jury in Jefferson City on May 22, 2013. That indictment was unsealed and made public today upon Barding’s arrest and initial court appearance.
Both Barding and Chernova were previously indicted on similar charges related to a different marriage fraud conspiracy in a separate case on April 24, 2013. The status of that case is not effected by the more recent charges contained in the May 22, 2013 federal indictment.
According to the indictment, Barding (an attorney and a married U.S. citizen) had a long-running affair with Chernova, a Ukrainian national who entered the United States on a student visa and attended Lincoln University before earning a master’s degree from the University of Missouri-Columbia. Chernova formerly lived a couple of blocks from the Jefferson City residence where Barding and his wife resided; she has moved to Arizona and the two children live with Barding.
Barding and Chernova allegedly approached at least one U.S. citizen to marry her so that she could remain in the United States. The citizen (“TD”) agreed to marry her, the indictment says, and “TD” and Chernova were married on March 13, 2005 in Cape Girardeau County, Mo., at a ceremony attended by Barding. The purpose of the arranged marriage, according to the indictment, was to allow Chernova to assert that she was married to a U.S. citizen so that she would be permitted to remain in the United States. “TD” and Chernova allegedly entered into the marriage for the purpose of evading a provision of the immigration laws. Barding allegedly told “TD” that he and Chernova could get a divorce after she had gained sufficient status to allow her to remain in the United States unmarried.
During the conspiracy, the indictment alleges, Chernova and “TD” filed paperwork with the United States Citizenship and Immigration Services (USCIS); as a result, Chernova was granted conditional permanent resident status on Nov. 27, 2008, which was later extended. As a result of these filings, Chernova was allowed to remain in the United States and permitted to attend school and to work. From time to time, Chernova and “TD” would have to file additional paperwork or attend hearings, meetings or tests in support of her applications for conditional permanent resident status, lawful permanent resident status, and eventual citizenship in the United States, and also to allow her to remain in the United States and work.
Among the information provided by Chernova and “TD,” the indictment says, they claimed to be living together; in reality, however, Chernova never resided with “TD.” Chernova and “TD” allegedly opened accounts or placed Chernova’s name on materials to give the appearance that she was living with “TD.”
In December 2005 (more than nine months after she married “TD”) Chernova gave birth to a child. Barding was named as the father and he provided support for the child. In September 2009 Chernova had a second child, the indictment says, and falsely claimed on the birth certificate, on paperwork filed with USCIS, and during a hearing under oath, that “TD” was the father. She claimed to have not had sexual relations with anyone other than “TD.” Later, “TD” denied being the father of the second child. DNA testing revealed that he was not the father, the indictment says, and Barding admitted that he was the father. On Oct. 18, 2011, Barding was found by order of the court to be the father of the child and the birth certificate was changed.
According to the indictment, Barding and Chernova, along with others, committed the crime of conspiracy to defraud the United States in early 2007, in that they began looking for and enlisting a U.S. citizen to marry a male friend (“OD”) so that he could remain in the United States without having to depart, and also to attempt to gain permanent resident status and potentially United States citizenship. They approached several persons and, in March 2007, procured a marriage license with one of the candidates. This individual later in the month declined to enter the sham marriage. However, Chernova and Barding enlisted another U.S. citizen who did marry “OD.” This alleged scheme, which is cited in the introduction of the current indictment, is the subject of a conspiracy charge in the April 24, 2012 federal indictment.
In addition to the conspiracy, Chernova is charged with make a false statement relating to naturalization and with unlawfully procuring naturalization. Barding is also charged with making false statements under oath in an immigration matter.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Anthony P. Gonzalez. It was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the U.S. Citizenship and Immigration Services and the Jefferson City, Mo., Police Department.Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on May 29, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
KRYSTEL A. BUCKLAND, a 31-year-old resident of Billings, appeared on a charge of acquiring a controlled substance by fraud. She is currently released on special conditions. If convicted of this charge, BUCKLAND faces possible penalties of 4 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Brendan P. McCarthy is the prosecutor for the United States. The investigation was conducted by the Drug Enforcement Administration.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on May 29, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
AUSTIN LEO HAGMAN, a 23-year-old resident of Missoula, appeared on a charge of conspiracy to distribute cocaine. He is currently released on special conditions. If convicted of this charge, HAGMAN faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by Federal Bureau of Investigation.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Illinois Sex Offender Sentenced in Faiture to Register CaseRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Marcus Tunstall, 39, formerly of St. Louis, Illinois, who was convicted of failing to register as a sex offender, was sentenced to two years in prison and five years supervised release by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that the defendant left the State of Illinois in August 2012 to come to the Western District of New York and knowingly failed to register as a sex offender. In addition, Tunstall failed to update his registration status with Illinois authorities to advise them that he had left that state.
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 exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.The sentence was the culmination of an investigation on the part of the United States Marshals Service under the direction of United States Marshal Charles Salina.
Identity Theft and Tax Fraud Ring Members Admit GuiltRead the Press Release
ATLANTA - Shawn Brown, Christopher Edwards, Kelly Sue Lonas and Nyron Nelson pleaded guilty in federal district court for their roles in an identity theft and fraudulent tax return ring that sought millions of dollars in fraudulent refunds.
“Those who file false tax refund claims using stolen identities threaten the integrity of our federal income tax system and pose a real danger to the financial security of the individuals whose identities are stolen,” said U.S. Attorney Sally Quillian Yates. “Citizens of this district should know we are dedicated to prosecuting thieves like these and to deterring similar crimes.”“IRS Criminal Investigation has made investigating refund fraud and identity theft a top priority,” stated Veronica Hyman-Pillot SAC, Atlanta Field Office. “These individuals demonstrated a blatant disregard of the integrity of the United States tax system and caused undue hardship to innocent victims. IRS Criminal Investigation, together with our partners at the U.S. Attorney’s Office remain committed to holding those who engage in similar conduct accountable.”
According to United States Attorney Yates, the charges and other information presented in court: From approximately January 2010 to March 2013, Brown led a criminal organization that engaged in a scheme to defraud the Department of the Treasury by filing fraudulent income tax returns and negotiating fraudulent tax refunds using stolen identities. This is commonly called stolen identity refund fraud. Brown had ties to criminal organizations in Chicago and Atlanta that engaged in this type of fraud. The defendants used the stolen identities along with fake wage and withholding information to prepare over one thousand fraudulent tax returns which claimed over $5 million dollars in refunds. The defendants also established shell corporations and bank accounts to facilitate the fraud.
On May 28, 2013, Kelly Sue Lonas and Nyron Nelson pleaded guilty to conspiring to commit wire fraud. On May 29, 2013, Shawn Brown pleaded guilty to conspiring to commit wire fraud and aggravated identity theft. On May 30, 2013, Christopher Edwards pleaded guilty to aggravated identity theft. As part of their plea agreements, the defendants have agreed to forfeit their interest in a luxury vehicle and jewelry purchased using illegal proceeds.
The defendants, Shawn Brown, of Atlanta, Ga.; Christopher Edwards, of Eutaw, Ala.; Kelly Sue Lonas and Nyron Nelson, both of Marietta, Ga.; were indicted in November 2012, along with other co-defendants on one count of conspiring to commit wire fraud and multiple counts of aggravated identity theft. The wire fraud count carries a maximum sentence of 20 years in prison and the aggravated identity theft charge carries a mandatory two-year consecutive sentence to any other sentence imposed. Each count also carries a fine of up to $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Sentencing hearings will be scheduled in September 2013 before United States District Judge Amy Totenberg.This case is being investigated by Special Agents of the Internal Revenue Service Criminal Investigation and Task Force Officers with the Federal Bureau of Investigation and Alpharetta Police Department.
Assistant United States Attorney Jeffrey A. Brown 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.
Hyperion Bank Assistant Manager Charged with EmbezzlementRead the Press Release
PHILADELPHIA - Tiffany Roberson, 29, of Philadelphia, Pennsylvania, was charged today by Indictment with embezzlement of bank funds by a bank employee, announced United States Attorney Zane David Memeger. According to the Indictment, Roberson, an assistant manager at Hyperion Bank, embezzled and misappropriated approximately $20,000 in moneys, funds and assets intrusted to the custody and care of Hyperion Bank and its employees.
If convicted, Roberson faces a total maximum sentence of 30 years imprisonment, a $1,000,000 fine, 5 years supervised release, and a $100 special assessment.
The case was investigated by the Federal Bureau of Investigation in Philadelphia and is being prosecuted by Assistant United States Attorney Anita Eve.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Hopkins Man Pleads Guilty to Making False Statements During Purchase of FirearmsRead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a 34-year-old Hopkins man pleaded guilty to making false statements to Federally Licensed Firearms Dealers (“FFL”) for the purpose of illegally purchasing firearms for individuals in Honduras. Jony Sevilla Cerna pleaded guilty to one count of making false statements to a FFL in connection with the acquisition of a firearm. Cerna, who was charged on March 15, 2013, entered his plea before United States District Court Judge Susan Richard Nelson.
In his plea agreement, Cerna admitted that on March 29, 2012, he made a false written statement to a licensed Minnetonka firearms dealer when he was purchasing a nine-millimeter pistol. In that written statement, Cerna asserted that he was buying the gun for himself, when, in fact, he was not.
In addition, Cerna admitted to the court that he had made similar false statements to various licensed firearms dealers while purchasing 26 other firearms. In truth, he had purchased each of those firearms on behalf of individuals in Honduras.After acquiring the firearms under the false pretense that he was buying the firearms for himself, Cerna admittedly shipped or attempted to ship the firearms to Honduras by concealing them in electronic equipment. Cerna traveled to Honduras on several occasions to distribute the firearms he had shipped there to third parties and to take payment for the firearms he exported. Seven of the firearms Cerna shipped were discovered and seized at a freight-forwarding company in Miami, Florida.
For his crime, Cerna faces a potential maximum penalty of ten years in federal prison. Judge Nelson will determine his sentence at a future hearing, yet to be scheduled.
This case is the result of an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant U.S. Attorney Surya Saxena.Hartford Crack Dealer Sentenced to More Than Seven Years in Federal PrisonRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that MORRIS CARTER, III, also known as “Chilly Mo, Jr.” and “Mo,” 24, of Hartford, was sentenced today by Chief United States District Judge Alvin W. Thompson in Hartford to 92 months of imprisonment, followed by four years of supervised release, for distributing crack cocaine.
This matter stems from “Operation Vinefield,” a joint law enforcement investigation headed by the FBI’s Northern Connecticut Violent Crimes Task Force targeting narcotics trafficking and gang violence in Hartford’s North End. As a result of the nine-month investigation, 38 individuals were charged with various offenses related to the distribution of crack cocaine and the unlawful possession and dealing of firearms in and around Hartford.
According to court documents and statements made in court, the investigation revealed that CARTER conspired with Joshua Easterling to distribute crack cocaine in Hartford’s lower Vine Street area.
CARTER has been detained since his arrest on February 23, 2012. On November 28, 2012, he pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute 28 grams or more of cocaine base (“crack cocaine”).
Easterling has pleaded guilty and awaits sentencing.
This matter has been investigated by the FBI’s Northern Connecticut Violent Crimes Task Force, the Connecticut State Police, the Hartford Police Department, and the Connecticut Department of Correction. The case is being prosecuted by Assistant United States Attorney Brian P. Leaming.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Hagerstown Drug Dealer Exiled to 10 Years in PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge J. Frederick Motz sentenced Vincent Hernandez, age 31, of Hagerstown, Maryland, today to 10 years in prison followed by five years of supervised release for conspiring to distribute cocaine base, possession of a firearm in furtherance of the drug conspiracy and being a felon in possession of a gun. Judge Motz enhanced Hernandez’s sentence upon finding that he has a prior felony conviction for a drug offense.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division and Washington County Sheriff Doug Mullendore.
According to evidence presented at the three day trial, from November 2009 to January 2010, an individual made four controlled buys of crack cocaine supplied by Hernandez. After the fourth purchase on January 6, 2010, members of the Washington County Task Force and DEA executed a search warrant at Hernandez’s home and seized drug paraphernalia including a digital scale, plastic baggies; names and telephone numbers of drug customers; a handgun and bullets; and $4,135. Due to Hernandez’ previous felony conviction, he was prohibited from possessing a gun.
United States Attorney Rod J. Rosenstein commended the DEA and Washington County Sheriff’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Peter M. Nothstein, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Governor Martinez's Former Campaign Manager Indicted on Computer Intrusion and False Statement ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Kenneth J. Gonzales and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, announced that a federal grand jury has indicted Jamie Estrada, 40, of Los Lunas, N.M., on computer intrusion and false statement charges. The charges against Estrada arise out of the interception of wire communications intended for others, including New Mexico Governor Susana Martinez and members of her staff.
Counts 1 through 12 of the 14-count indictment allege that Estrada unlawfully intercepted wire communication intended for individuals who had email accounts on an internet domain owned by the Governor’s political organization. According to the indictment, the unlawful interceptions occurred between July 2011 and June 2012. Counts 13 and 14 charge Estrada with making false statements to the FBI in Sept. 2012, in which he allegedly denied taking certain actions to unlawfully intercept wire communications as charged in Counts 1 through 12 of the indictment. Estrada’s arraignment hearing has yet to be scheduled.
In announcing the indictment, U.S. Attorney Gonzales said, “This indictment reflects the high value that my Office places on preserving the integrity of our electronic communications in a digital age. In a time when so much of our personal, professional and financial information is repeatedly transmitted on a daily basis over email and other means of wire communication, it is of paramount importance that we protect electronic information from being diverted, stolen or otherwise misappropriated.”
Special Agent in Charge Lee added, “Thousands of intrusions into corporate networks, personal computers, and government systems occur daily, threatening our privacy, business secrets and even national security. The Albuquerque FBI Division has devoted considerable resources into confronting this growing cyber threat, which is why this indictment today is so important to us. I would like to congratulate the FBI Special Agents and professional staff for their hard work on this case, as well as the U.S. Attorney's Office. The FBI will continue to aggressively pursue individuals who would violate other people’s privacy not by breaking into homes and offices, but by sneaking into computers and wireless devices.”
According to the indictment, in summer 2009, Governor Martinez, who was then the District Attorney in Dona Ana County, N.M., began assembling a political campaign as she prepared to enter the Nov. 2010 gubernatorial race. In July 2009, one of the Governor’s early political supporters registered an internet domain that was designated as www.susana2010.com (the Domain) for a two-year period through an online service. The supporter then donated the Domain, including its username and password, to the Governor’s political organization. The username and password were required for making administrative changes to the Domain, including posting content to the Domain’s website and creating email accounts associated with the Domain. The username and password also were required to renew the registration for the Domain, which was scheduled to expire on July 18, 2011. As the owner of the Domain, the Governor’s political organization had the exclusive right to renew the registration before it expired and during a 42-day grace period following the expiration date.
The indictment alleges that, during the gubernatorial campaign, the Domain became an important tool for the Governor’s political organization. Members of the campaign staff, including Governor Martinez, maintained email accounts on the Domain which they used to communicate with each other as well with the Governor’s political supporters and the media. Estrada allegedly joined the Governor’s political organization as the campaign manager in July 2009, and, in that capacity, was provided with the username and password for the Domain. Estrada allegedly left the campaign in Dec. 2009. Before his departure, the Governor allegedly sent Estrada an email requesting that he return all information belonging to the campaign, including any usernames and passwords to any accounts.
After Governor Martinez was inaugurated in Jan. 2011, the Governor, members of her staff and others continued to use the email accounts associated with the Domain. In July 2011, individuals who had email accounts on the Domain began receiving reports that emails sent to those accounts were bouncing back to the senders and soon determined that the emails were not getting delivered because the Domain had expired. Their efforts to re-register the Domain were unsuccessful because they could not locate or recall the Domain’s username and password. In July 2011 and as part of their efforts to locate the username and password, the Governor’s staff allegedly asked Estrada to provide this information and Estrada allegedly refused to comply with the request.
According to the indictment, in late July 2011, Estrada allegedly used the username and password to renew the Domain and to change the Domain’s settings so that, instead of going to their intended recipients, incoming email communications were directed to an email account on a different domain that was controlled by Estrada. As a result, between late July 2011 and June 2012, Estrada allegedly received email communications intended for recipients, including Governor Martinez and members of her staff, who had email accounts associated with the Domain.
An indictment merely alleges that crimes have been committed, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorneys John C. Anderson and Fred J. Federici.
Indictment
Ft. Lauderdale Man Charged with Obstruction of Proceedings and Providing False Testimony Before the U.S. Securities and Exchange CommissionRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announced that Robert J. Vitale, 42, of Ft. Lauderdale, Florida, was charged by Information with obstruction of proceedings and providing false testimony before the U.S. Securities and Exchange Commission (SEC). Specifically, the Information charges one count of obstruction of proceedings before an agency of the United States, in violation of Title 18, United States Code, Section 1505, and one count of perjury, in violation of Title 18, United States Code, Section 1621. Vitale faces a potential sentence of up to five years imprisonment and a $250,000 fine as to each count.
According to the Information, in or around May 2012, the SEC was conducting an official investigation into allegations that Vitale engaged in violation of the securities laws. As part of the investigation, the SEC attempted to identify assets and bank accounts attributable to Vitale. On or about June 4, 2012, Vitale completed and provided to the SEC, a “Background Questionnaire” form purporting to list bank accounts and other assets attributable to him. Shortly before completing the questionnaire, Vitale transferred $100,000 from an account that was disclosed on the form, to a separate account that he controlled.
As alleged in the Information, Vitale willfully failed to disclose the existence of the funds or the bank account holding the funds, to the SEC. Thereafter, on June 5, 2012, Vitale provided sworn testimony to the SEC at the SEC’s Southeast Regional Offices, in Miami, Florida. During this sworn testimony, the Information alleges, Vitale provided false testimony about his assets and accounts, as well as the accuracy of the Information provided on the form he had submitted to the SEC.
Previously, in an unrelated matter, on or about August 15, 2006, the United States District Court for the Southern District of Florida entered a Final Judgment in SEC v. Robert Vitale, et al., No. 04-60493 (the “2004 Case”), in which Vitale was, among other things, ordered to pay disgorgement and civil penalties of $100,025 for alleged violations of the federal securities laws. As of June 5, 2012, the Information alleges, Vitale had failed to satisfy his obligations from the 2004 Case.
United States Attorney Wifredo A. Ferrer stated, “The SEC plays a vital role in policing our nation’s securities markets and protecting investors from misconduct. We will not allow defendants to obstruct the SEC or provide false testimony to thwart the due administration of justice.”
“The FBI will vigorously investigate and seek prosecution of individuals who allegedly attempt to obstruct an agency of the United States from carrying out its mission, such as the SEC’s efforts to protect investors. When an individual provides false testimony or conspires to obstruct justice, our system of justice is undermined,” said Michael B. Steinbach, Special Agent in Charge, FBI Miami Division. We will continue to work with the U.S. Attorney’s office, the SEC and our other partners to safeguard the integrity of the legal system.”
Mr. Ferrer commended the investigative efforts of the FBI and the SEC. The matter is being prosecuted by Assistant U.S. Attorney Jerrob Duffy.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Travel Agent Convicted in Scheme to Cash Tax Refunds Obtained with Stolen IdentitiesRead the Press Release
Orlando, FL - U.S. Attorney Robert E. O'Neill announces that a federal jury has found Ana Orosa Parada (49, Orlando) guilty of conspiracy to obtain payment of false claims. Parada faces a maximum penalty of 10 years in federal prison. Her sentencing hearing is scheduled before U.S. District Judge Charlene E. Honeywell on August 13, 2013. Parada was indicted on September 19, 2012.
According to testimony and evidence presented at trial, Marisol Panel and her husband, Wilfredo Flores, both held travel accounts at “Holiday Travel and Tours.” Panel testified that she had illegally obtained identities of adults and children who lived in Puerto Rico and said that she prepared tax returns using a tax filing program and paid local residents to receive refund checks at their residences. After the refund checks arrived, Panel and her co-defendant husband, Flores, would pick up the refund checks and deliver them to Parada. Parada would either cash the refund checks belonging to the identity theft victims or apply the checks to Panel and Flores' travel packages. Parada testified that she knew cashing and exchanging the refund checks for Panel and Flores’ travel packages was wrong.
Bank records showed Prada deposited 123 refund checks into her business checking account. The records also showed business checks which Parada had made payable to Marisol Panel for the amount of the refund checks, minus the fee Parada had charged for cashing the checks. Parada’s fee ranged from $700 to $1,000 per check. Other evidence showed that refund checks also had been applied to the cost of the travel packages purchased through Parada’s now defunct travel agency (Holiday Travel and Tours).
Both Panel and Flores have pleaded guilty for their role in the conspiracy. They are scheduled to be sentenced on July 9, 2013.This case was investigated by the Internal Revenue Service-Criminal Investigation. It is being prosecuted by Assistant United States Attorney Tanya Davis Wilson.
Former Preschool Teacher David Moe Pleads Guilty to Distribution of Child PornographyRead the Press Release
NOTE: Click here for a copy of the signed plea agreement
DENVER – Former Paddington Station preschool teacher David Moe, age 46 of Denver, pled guilty this afternoon before U.S. District Court Judge William J. Martinez to distribution of child pornography, U.S. Attorney John Walsh and U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Kumar Kibble announced. Moe appeared at the change of plea hearing in custody. Judge Martinez is scheduled to sentence Moe on September 10, 2013 at 3:00 p.m.
According to court documents, including the stipulated facts contained in the plea agreement, on May 4, 2012, a detective with the Loveland Police Department, who is a member of the Internet Crimes Against Children (ICAC) Task Force, while working in an undercover capacity, logged on to the Internet and accessed a peer-to-peer file sharing program. The undercover detective attempted to download a digital file believed to contain child pornography from a remote host computer. The detective was able to connect directly to the remote host computer and the requested file was placed in queue. He remained in queue to receive the file until May 6, 2012, when the connection was terminated. The detective was unable to complete the download.
Using investigative techniques, the detective was able to determine that the defendant was offering a child pornography file for distribution. It was later determined that the Internet Protocol (IP) address offering the child pornography file for distribution resolved to Moe’s residence in Denver, Colorado. A federal search warrant was obtained by HSI and was executed on July 24, 2012. During the execution of the search warrant, items containing child pornography were seized, including two desktop computers, numerous external hard drives, and 383 CDs and DVDs. All of the items seized by HSI belonged to the defendant.
During the execution of the warrant, agents learned from the defendant that he had been a teacher at Paddington Station preschool for the last 18 years. At the time of the search warrant, Moe taught Cultural Rhythms/Enrichments (3 to 5 year olds) and had been the Director of Enrichments and Before and After School Care programs since 2005.
A forensic examination was conducted of the defendant’s computers, external hard drives, CDs and DVDs. Evidence of distribution and receipt of child pornography was found on the defendant’s two computers and an external hard drive. Evidence of child pornography possession was found on the defendant’s computers, external hard drives, and 383 CDs and DVDs. At least 800,000 child pornography/erotica images and over 13,000 child pornography/erotica videos were located on the defendant’s computers and computer media, including the video that had been made available to the undercover detective in May 2012.
A forensic examination reflected that the child pornography possessed by the defendant was well organized and archived. The examination revealed that the defendant possessed child pornography for at least 10 years. Further, the examination revealed that the defendant distributed and received child pornography since at least 2007. The defendant’s child pornography collection included pornographic depictions of children as young as toddlers.
As described in the plea agreement, a forensic examination was conducted on the defendant’s computers and computer media. All images and videos of child pornography recovered during forensic examination were provided to the National Center for Missing and Exploited Children (NCMEC). A thorough review of all of the images and videos possessed by the defendant reflected no evidence that the defendant himself created or produced child pornography. Today he pled guilty to distributing existing child pornography.
“Combating the exploitation of children is one of the highest priorities of the U.S. Attorney’s Office here in Colorado, and of federal law enforcement,” said U.S. Attorney John Walsh. “Thanks to the excellent forensic work of HSI, and the hard work of the prosecutors in the U.S. Attorney’s Office, we have obtained a stiff guilty plea from a defendant who distributed large quantities of child pornography, while working with children in a school.”
“Predators who possess child pornography like David Moe, share their huge collections with other predators as if they were trading baseball cards, without any thought or care that each image represents a traumatized helpless child victim,” said Kumar C. Kibble, special agent in charge, HSI Denver. “HSI’s ongoing Operation Predator initiative is an extremely active program targeting and pursuing prosecution for these callous criminals who sexually exploit children.”
Moe faces a mandatory minimum five years in federal prison, and a maximum of not more than 20 years in federal prison. He also faces a term of supervised release of not less than 5 years, and up to life. In addition, Moe faces a fine of up to $250,000 as well as restitution. He will also be required to register as a sex offender. Finally, he has agreed to forfeit all of his computers and computer media containing child pornography.
This case is being investigated by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI).
Moe is being prosecuted by Assistant U.S. Attorney Alecia Riewerts Wolak.
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."
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Former Navy Engineer Pleads Guilty to Organizing and Managing Multi-Million Dollar Fraud Scheme; Associate Admits to Stealing Government FundsRead the Press Release
PROVIDENCE, R.I. – Ralph M. Mariano, of Warwick, R.I., a former senior systems engineer with the United States Navy’s Naval Sea Systems Command (NAVSEA) in Newport, R.I., and Washington, D.C., pleaded guilty in U.S. District Court in Providence, R.I., today to conspiracy and to defrauding the U.S. Government of between $7 million and $20 million by directing co-conspirators to bill the Navy for work that was never performed, announced Peter F. Neronha, United States Attorney for the District of Rhode Island.
Mariano admitted to the court that from 1999 to 2011, he used his position at NAVSEA to direct Russell Spencer, of Portsmouth, R.I., a computer software specialist, to submit millions of dollars in fraudulent invoices to Navy contractor Advanced Solutions for Tomorrow (ASFT), a Georgia and Middletown, R.I. company. Mariano admitted to the court that he directed ASFT to pay Spencer the full amount of the false invoices with money ASFT received from the Navy. Mariano admitted that the total amount of government money falsely obtained and paid to Spencer was approximately $17,957,000. The invoices were processed by Patrick Nagle, Chief Financial Officer of ASFT.
At the time of his guilty plea, Mariano admitted to the court that he used a system of codes to direct Spencer to distribute the government funds to Mariano and individuals close to Mariano. Mariano admitted that he himself received $3,081,671 of Navy funds by checks from Spencer. In addition, Mariano admitted to receiving bi-weekly $3,500 cash payments of Navy funds from Spencer from 2004–January 2011.
Mariano admitted to the court that little or no work was ever performed by Spencer in exchange for the government funds Spencer received and distributed at his direction. According to information provided to the court, Spencer provided ASFT and its subcontractors with numerous documents that purported to be work product over the years. Spencer typically provided ASFT with documents that he had taken from his employer, Electric Boat, without its consent. Spencer made cosmetic changes to the documents before submitting them to ASFT. Despite the fact that Spencer spent very little time making cosmetic changes to these documents, he billed ASFT upwards of $200,000 per month.
Mariano admitted to the court that at his direction, $2,567,028 was paid to his father, Ralph Mariano, Jr., of North Providence, R.I.; $1,692,650 was paid to his brother, Joseph Mariano, and to his companies; $207,900 was paid to a veterinary laboratory company controlled by his sister, Michelle Mariano; $2,446,445 was paid to private entities controlled by Anjan Dutta-Gupta, of Roswell, GA, Chief Executive Officer of now defunct ASFT.
In addition, Mariano admitted to the court that $478,880 in government funds fraudulently obtained was paid to a company owned by Attorney Mary O’Rourke, of Warwick, R.I. O’Rourke pleaded guilty in U.S. District Court today to one count of theft of government property. O’Rourke admitted to the court that she submitted false invoices to Spencer from 2005–2011, and that she was paid with government funds for work that was never performed.
In addition to pleading guilty to conspiracy and theft of government funds, Ralph Mariano pleaded guilty today to one count of tax evasion. Mariano admitted to the court that from 2006-2009 he failed to report $1,864,910 in income he received from Russell Spencer. Mariano admitted that he owes the IRS $726,650.
Ralph Mariano and Mary O’Rourke are scheduled to be sentenced on September 5, 2013, by U.S. District Court Chief Judge Mary M. Lisi, who presided over today’s change-of-plea hearings.
Anjan Dutta-Gupta, who pleaded guilty on April 28, 2011, to one count of bribery, is scheduled to be sentenced on July 25, 2013, by U.S District Court Chief Judge Mary M. Lisi.
Russell Spencer, who pleaded guilty on July 25, 2012, to one count of conspiracy to commit bribery and on April 19, 2012, to one count of lying to the FBI, is scheduled to be sentenced on July 25, 2013, by U.S District Court Chief Judge Mary M. Lisi.
Patrick Nagle, who pleaded guilty on September 13, 2011, to one count of conspiracy to commit bribery, is scheduled to be sentenced on July 26, 2013, by U.S District Court Chief Judge Mary M. Lisi.
Ralph Mariano, Jr., who pleaded guilty on May 15, 2013 to four counts of tax evasion, is scheduled to be sentenced on August 16, 2013, by U.S. District Court Chief Judge Mary M. Lisi.
The cases are being prosecuted by Assistant United States Attorneys Lee H. Vilker, Terrence P. Donnelly and Dulce Donovan.
This matter was investigated by agents from the Defense Criminal Services, Naval Criminal Investigative Service; Federal Bureau of Investigation; and Internal Revenue Service – Criminal Investigations.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. The President 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.
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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]Former Illinois Prison Guard Charged with Illegally Selling Assualt Rifles and Other Firearms to Cooperating Former InmateRead the Press Release
CHICAGO – A former Illinois prison guard living in Arkansas was arrested on federal charges for allegedly illegally selling eight firearms, including five assault rifles, to an individual he knew was a convicted felon because they met when the individual was an inmate and they later remained in contact. The defendant, DWAYNE MEEKS, was arrested yesterday by FBI agents following an undercover investigation in which the former inmate, posing as a firearms trafficker, was cooperating with federal agents.
Meeks, 48, of Little Rock, Ark., and formerly of Chicago and Joliet, was charged with one count each of dealing firearms without a federal license and selling firearms to a convicted felon in a criminal complaint that was unsealed following his arrest. He was ordered to remain in federal custody pending a detention hearing at 1:15 p.m. Monday before U.S. Magistrate Judge Sidney I. Schenkier in Federal Court in Chicago.
According to the complaint affidavit, Meeks and the former inmate met in Chicago in May 2012 and Meeks began discussing selling various firearms and showing the cooperating individual photos of the weapons on his cell phone and via emails. They continued their discussions about arranging a deal involving multiple firearms through the next two months. On July 14, 2012, Meeks and the cooperating former inmate met in a suburban Cook County Forest Preserve where Meeks allegedly sold eight high-powered firearms to the individual for $18,000, consisting of $15,000 for the weapons from Meek’s supplier and $3,000 for Meeks’ delivery fee. FBI agents conducted surveillance and monitored audio and video-recorded transmissions of the alleged transaction, including during the transfer of the weapons from the back of Meeks’ truck to the trunk of a car driven by the cooperating individual.
On more than one occasion, Meeks described the assault rifles as “tact’d out,” meaning they included such features as night scopes and laser sights, the affidavit states. The weapons Meeks allegedly sold and were seized were: two .223 caliber assault rifles, a 5.56 caliber assault rifle, a .50 caliber assault rifle with an ammunition drum attached, a 7.62 caliber assault rifle, a .45 caliber semi-automatic pistol, a 9 mm semi-automatic pistol, and a .22 caliber rifle.
Meeks allegedly discussed selling additional firearms to the former inmate but a deal planned for the end of July 2012 did not occur following the mass shooting at a theater in Aurora, Col. They allegedly discussed another future firearms transaction but Meeks consistently reported the difficulty he was having finding firearms, according to the complaint. In early January of this year, Meeks allegedly complained to the former inmate about the continued difficulty finding firearms after the school shooting in Newtown, Ct., in December.
During the last two weeks, Meeks and the former inmate allegedly discussed Meeks arriving in Chicago yesterday to sell the cooperating individual at least eight additional firearms. Meeks was arrested yesterday when he arrived at the same Forest Preserve location where they met last summer and three AR15 assault rifles that he allegedly brought to sell were seized.
The arrest and charge were announced today by Gary S. Shapiro, United States Attorney for the Northern District of Illinois, and Cory B. Nelson, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. Chicago Police Department task force officers assisted in the investigation.
Dealing firearms without a federal license carries a maximum sentence of five years in prison, and selling firearms to a convicted felon carries a maximum of 10 years, and each count carries a $250,000 maximum fine. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines. The Government is being represented by Assistant U.S. Attorney Ronald DeWald.
The public is reminded that a complaint is not evidence of guilt and that the defendant is presumed innocent and entitled to fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Complaint
Former Hilliard Resident Pleads Guilty to $1.5 Million Investment FraudRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS – Jeffrey G. Kelly, 45, formerly of Hilliard, Ohio, pleaded guilty in U.S. District Court to carrying out a $1.5 million investment fraud scheme between 2006 and 2011. The victims included family friends, relatives, fellow church members, parents of his children’s schoolmates, and a groomsman from his wedding. Kelly pleaded guilty to one count of wire fraud and one count of interstate transportation of a security taken by fraud.
Carter M. Stewart, United States Attorney for the Southern District of Ohio and Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI) announced the pleas entered today before U.S. District Judge Edmund A. Sargus Jr.
During the plea hearing, an FBI agent testified that Kelly owned and operated several businesses in the Columbus area and promised clients and potential clients that their money would be deposited in investment funds that included stocks, real estate investment trusts, bonds and other investments. Kelly never invested the clients’ money, but used the funds to pay his personal and business expenses as well as to repay earlier investors.
A federal grand jury indicted Kelly on December 11. FBI agents arrested Kelly at his workplace near his current home in Orlando, Florida. He was placed on bond and he returned to Ohio for court appearances.
Kelly operated businesses named Superior Financial Resources, LLC, J.G. Kelly Financial Group, LLC, J.G. Kelly Equities Group, LLC, and JGK Group, LLC.
Kelly received approximately $1,523,710 from investor clients. The plea agreement calls for Kelly to make restitution to the victims of the crimes.
U.S. Attorney Stewart commended the FBI agents who investigated the case with the assistance of the Ohio Department of Commerce Division of Securities, and Assistant U.S. Attorney Dale E. Williams Jr., who is representing the United States.
Wire fraud is punishable by a sentence ranging from probation to 20 years in prison. Interstate transportation of a security taken by fraud is punishable by a sentence ranging from probation to ten years in prison. Judge Sargus will set a date for sentencing.
Florida Accountant Sentenced to Federal Prison <br /> for Two Fraud SchemesRead the Press Release
Joseph Rizzuti, of Stuart, Fla., was sentenced to 80 months in federal prison for conspiracy to commit wire fraud and for corruptly endeavoring to obstruct the Internal Revenue Service (IRS), the Justice Department and the IRS announced today.
According to court documents, Rizzuti, an accountant and the owner of Beacon Accounting Services in Palm City, Fla., interfered with the IRS’s ability to collect taxes owed by two clients by stealing payments from those clients intended for the IRS and making misrepresentations to the clients, as well as the IRS, to conceal his scheme. Rizzuti also admitted to engaging in a criminal conspiracy to commit wire fraud by making material misrepresentations to individuals throughout the United States who believed the money they were investing with Rizzuti and his co-conspirators was funding Nigerian-related oil and Bahamian construction projects, but instead Rizzuti and his co-conspirators used the investors’ money for their own personal expenses. In total, Rizzuti and his co-conspirators stole approximately $3 million.
In addition to prison time, U.S. District Judge Donald L. Graham sentenced Rizzuti to serve three years of supervised release and to pay $298,000 in restitution to victims of his schemes to the IRS. Additional penalties will be assessed in the next 90 days.
This case was investigated by special agents of IRS - Criminal Investigation and the Treasury Inspector General for Tax Administration. Trial Attorneys Justin Gelfand and Rebecca Perlmutter of the Justice Department’s Tax Division prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
Federal Sentence for Serial Internet Predator Highlights Online Dangers to ChildrenInternet Predator Used Social Networking Websites to Sexually Exploit and Extort ChildrenRead the Press Release
United States Attorney Sean R. Berry, Cedar Rapids Police Department Captains Steve O’Konek, Bernie Walther and Tom Jouker, and Cedar Rapids Police Department Lieutenant Craig Furnish announced today the sentencing of Lucas Robinson, age 24, from Cedar Rapids. Robinson was sentenced to 42 years in federal prison for one count of sexual exploitation of children, one count of possession of child pornography, and one count of extortion.
Between 2009 and 2012, Robinson victimized at least twelve minor females as part of his offenses. Robinson met most of his victims online and then later communicated with them by mobile telephone. His victims were between the ages of 12 and 15 and they lived in 7 different states in addition to Iowa. In order to obtain additional sexually explicit images of his victims, Robinson threatened to distribute sexually explicit images they already had sent to him. He threatened to distribute the images on websites, to a parent, to their friends, and to others they knew from school. Robinson convinced one female victim to share her Facebook password with him, and later told her that he had her password and could send sexually explicit images of her to her friends. Robinson extorted one of his victims to meet with him and have sex with him.
Robinson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Robinson was sentenced to 42 years in prison to be followed by a 15-year term of supervised release after the prison term. There is no parole in the federal system. Robinson is being held in the United States Marshal’s custody until he can be transported to a federal prison.“Now that kids are home for the summer, parents need to keep in mind the dangers their children face on the Internet. Sexual predators are searching the Internet for children and can use social networking sites like Facebook to learn about and make contact with your child,” said United States Attorney Berry. “The Internet can be a wonderful resource for kids, but sadly, it is often used to prey on them.”
“Parents need to teach their children to use the Internet safely,” said Berry. “Children need to know that, by following certain rules, they can protect themselves while ‘surfing the net.’” Berry suggested parents to tell their children to:• Never post their name, address, telephone number, school name, parent’s name, or any other personal information.
• Never post or send pictures of themselves without permission from their parents.
• Never agree to meet face to face with someone they’ve met online without permission from their parents.
• Never respond to messages that have bad words, talk about their bodies, or seem scary or strange.
• Always tell their parents if they find something scary or threatening on the Internet.
Berry advised that parents should also monitor their children’s access to and use of the Internet. Parents should:
• Monitor their children when they’re online and monitor the time they spend online. Keep the computer in a common area of the house. If a child quickly changes the screen or becomes uneasy or defensive when a parent walks into the room, this could be a sign that the child is involved in something he or she should not be.
• Make sure that access to the Internet at school and at friends’ houses is monitored by adults.
• Watch for unexplained changes in their child’s behavior or attitude.
• Watch for unusual telephone calls or mail addressed to their child.
• Save any threatening e-mails or pornographic material received by their child and provide it to law enforcement officers.
“By paying attention and insisting on some common sense rules, parents can go a long way toward protecting their children from Internet predators like Lucas Robinson,” Berry said.
The Robinson case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Cedar Rapids Police Department, the Benton County Sheriff’s Office, and the Iowa Internet Crimes Against Children Task Force. Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-0089. The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”Essex County, N.J., Man Charged in Armed Robbery of StoreRead the Press Release
NEWARK, N.J. – Special agents of the FBI arrested an Essex County, N.J., man this morning in connection with the armed robbery of Belleville News and Food, U.S. Attorney Paul J. Fishman announced.
Bobby Dawson, 43, of East Orange, N.J., is charged by Complaint with one count of committing a Hobbs Act robbery and one count of brandishing a firearm during a crime of violence. He is scheduled to appear this afternoon before U.S. Magistrate Judge Madeline Cox Arleo in Newark.
According to the criminal Complaint unsealed today:
On April 17, 2013, Dawson, wearing a mask and brandishing a firearm, allegedly entered the Belleville News and Food store. He told the store clerk not to move or he would shoot. Dawson pointed his firearm at the store clerk’s head and demanded money from the cash registers. The store clerk complied and gave Dawson the money.
The Hobbs Act robbery charge is punishable by a maximum potential penalty of 20 years in prison. The weapons charge is punishable by a maximum potential penalty of life in prison and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other prison term. Each count also carries a maximum fine of $250,000 or twice the gross gain or loss.U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to today’s arrest. He also thanked the Belleville, Bloomfield, Kearny, Maplewood, Newark, Paramus, and Verona police departments, along with the N.J. State Police and the Essex County Prosecutor’s Office for their assistance.
The government is represented by Assistant U.S. Attorneys Jamari Buxton and Rahul Agarwal of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charge and allegations contained in the Complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
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Defense Counsel: Candace Hom Esq., Assistant Federal Public Defender, Newark
Dawson, Bobby Complaint
Dresher Man Indicted on Child Porn ChargesRead the Press Release
Gary Kent, of Dresher, Pennsylvania, was charged today by Indictment, with two counts of distribution of child pornography, and two counts of possession of child pornography, announced United States Attorney Zane David Memeger. The indictment alleges that on or about September 13, 2012 and on or about January 27, 2013, Kent distributed images of child pornography, and on or about November 30, 2012 and on or about February 5, 2013, Kent possessed images of child pornography.
If convicted the defendant faces a maximum possible sentence of 60 years in prison.
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 exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by Department of Homeland Security, Immigration and Customs Enforcement (“ICE”) and is being prosecuted by Special Assistant United States Attorney Karen A. Fox.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Dresher Man Indicted on Child Porn ChargesRead the Press Release
Gary Kent, of Dresher, Pennsylvania, was charged today by Indictment, with two counts of distribution of child pornography, and two counts of possession of child pornography, announced United States Attorney Zane David Memeger. The indictment alleges that on or about September 13, 2012 and on or about January 27, 2013, Kent distributed images of child pornography, and on or about November 30, 2012 and on or about February 5, 2013, Kent possessed images of child pornography.
If convicted the defendant faces a maximum possible sentence of 60 years in prison.
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 exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by Department of Homeland Security, Immigration and Customs Enforcement (“ICE”) and is being prosecuted by Special Assistant United States Attorney Karen A. Fox.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525District Man Sentenced to 40 Months in PrisonRead the Press Release
For Robbery of Senior Citizen
-Defendant Accosted the Victim in Broad Daylight in Northwest Washington-WASHINGTON – Reggie Gordon, 29, of Washington, D.C., was sentenced today to a 40-month prison term on a charge of robbery for an attack against a senior citizen that took place earlier this year in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Gordon pled guilty in March 2013 in the Superior Court of the District of Columbia. The Honorable Heidi M. Pasichow sentenced him today. Upon completion of his prison term, Gordon will be placed on three years of supervised release.
According to the government’s evidence, Gordon accosted a 69-year-old man at about 2:40 p.m. on Feb. 8, 2013, in the area of 14th and Newton Streets NW. Gordon approached the victim from behind, with a knife in his hand, and demanded, “Give me the bag, give me the cash.” The victim handed over a bag, which contained cigarettes, and took money out of his pocket and handed it to Gordon. After Gordon fled, the victim flagged police, who immediately began searching the area. Gordon was stopped soon afterward by police and arrested.
In announcing the sentence, U.S. Attorney Machen commended the work of the officers of the Metropolitan Police Department (MPD). He also praised those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Debra McPherson and Todd McClelland, Intelligence Specialist Sharon Johnson, and Assistant U.S. Attorney Scott Ray. Finally, he thanked Assistant U.S. Attorney Phil Selden, of the Fourth District Unit of the Felony Major Crimes Section, who investigated and prosecuted the case.
13-190Detroit Woman Pleads Guilty in Heroin Distribution SchemeRead the Press Release
JOHNSTOWN, Pa. - A Michigan woman pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
Megan Holton, 27, of Detroit, Mich., pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, from the spring of 2011 to May 15, 2012, Holton, along with co-defendants, conspired to distribute and possess with intent to distribute heroin.
Judge Gibson scheduled sentencing for Oct. 16, 2013, at 10:30 a.m. The law provides for a maximum total sentence of 20 years in prison and a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, the Pennsylvania State Police and the Indiana Police Department conducted the investigation that led to the prosecution of Holton. Other agencies participating in this investigation included the Pennsylvania Attorney General’s Office, the Cambria County Drug Task Force, the Cambria County Sheriff’s Department, the Cambria County District Attorney’s Office, the Indiana County Drug Task Force, and the Indiana County District Attorney’s Office.
Detroit Man Caught Carrying Bag of Painkiller Pills from Greyhound Station Sentenced to 5 Years in Federal PrisonRead the Press Release
CHARLESTON, W.Va. – A Detroit man who arrived at a Charleston Greyhound Bus Station in February 2012 with a bag of illegal prescription painkillers was sentenced today to five years in federal prison, announced U.S. Attorney Booth Goodwin. Deangelo Cann, 23, previously pleaded guilty in August 2012 to interstate travel to promote drug activity. On February 7, 2012, Cann traveled by Greyhound Bus from Detroit to Charleston in possession of oxymorphone, also known as “Opana” and oxycodone pills. After arriving in Charleston, Cann left the Greyhound bus terminal carrying pills that were hidden inside of a dark gray bag. As Cann exited the bus station, he was approached by a uniformed police officer. Upon seeing the approaching officer, Cann immediately began to run with the bag. During the pursuit, Cann attempted to throw the bag. The bag of prescription painkillers was later recovered by police and Cann was arrested. Cann told police that he intended to both use and sell the pills.
The recovered pills were submitted to the West Virginia State Police lab and proved to contain oxymorphone and oxycodone.
The Metropolitan Drug Enforcement Network Team (MDENT) and the Charleston Police Department conducted the investigation. Assistant United States Attorney John Frail handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Department of Justice Releases Report to Congress on Indian Country Investigations and ProsecutionsRead the Press Release
The Department of Justice released today a report to Congress entitled Indian Country Investigations and Prosecutions which provides a range of enforcement statistics required under the Tribal Law and Order Act of 2010. The report, based on data compiled from the case management system used by U.S. Attorney’s Offices (USAO) with Indian Country jurisdiction shows among other things a 54 percent increase in Indian Country criminal prosecutions since Fiscal Year 2009.
“Across the country, U.S. Attorneys have been focused on fighting crime in Indian Country and reinforcing the bond between federal and tribal law enforcement, which also strengthens the faith that people have in their criminal justice system,” said Attorney General Eric Holder. “This report on federal law enforcement efforts in Indian Country is beginning to show the fruits of this labor with an increase in Indian Country cases prosecuted in federal courts over the past three years, but we have more work to do. The department will continue in its commitment to working with our tribal partners to build safe, sustainable, and healthy communities in American Indian and Alaska Native communities.”
“Every day, the men and women from U.S. Attorney’s Offices who prosecute violent crimes in Indian Country work hard to improve public safety in those communities,” said Timothy Purdon, U.S. Attorney for the District of North Dakota and Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues. “The notable increase in prosecutions of Indian Country crime described in this report are the result of the many initiatives led by U.S. Attorney’s Offices across the country, including community prosecution strategies that place federal prosecutors on the reservations on a frequent basis to enhance criminal investigations and communication, and Tribal Special Assistant U.S. Attorney programs that have enhanced coordination with cross-deputized tribal prosecutors. These efforts and the resulting increase in prosecutions are a testament to the Justice Department’s commitment to public safety in Indian Country and they are an encouraging step toward safer, stronger native communities.”
“The FBI has a sustained commitment to enhancing public safety in Indian Country,” said FBI Assistant Director Ron Hosko. “As this report demonstrates our investigative strategy is focused on fully leveraging vital partnerships with federal, state, local and tribal agencies to address violent crime and victimization in tribal communities. This approach not only produces investigative results in the short term but also develops the trust and collaboration necessary to ensure sustained enhancements to public safety in the long term.”
The information contained in the report shows the following:• The Justice Department’s prioritization of Indian country crime has resulted in a notable increase in commitment to overall law enforcement efforts in Indian country. Caseloads have increased overall from 1,091 cases filed in fiscal year (FY) 2009 to 1,138 in FY 2010 to 1,547 in FY 2011 to 1,677 in FY 2012. This represents a nearly 54 percent increase in the Indian country crime caseload.
• USAO data for calendar year (CY) 2011 indicate that just under 37 percent (1,041) of all Indian Country submissions for prosecution (2,840) were declined by USAOs. In CY 2012, USAOs declined approximately 31 percent (965) of all (3,145) Indian Country submissions for prosecution. Overall, a substantial majority of Indian Country criminal cases opened by USAOs were prosecuted.
• The most common reasons for declination by USAOs were insufficient evidence (61 percent in CY 2011 and 52 percent in CY 2012) and referral to another prosecuting authority (19 percent in CY 2011 and 24 percent in CY 2012).
• The most common reasons investigations during calendar years CY 2011 and 2012 were not referred included deaths determined to be due to non-criminal causes (e.g., natural causes, accidents, suicides) and allegations in which there was insufficient evidence to prove criminal activity.
•The report shows a new era of partnership between the federal government and American Indian tribes, including an unprecedented level of collaboration with tribal law enforcement. The increase in collaboration and communication strengthens the bond of trust between federal and tribal investigators, prosecutors, and other personnel in both federal and tribal criminal justice systems, and it will make communities safer as a result.
Read the entire report at www.justice.gov/tribal/tloa-report-cy-2011-2012.pdfRead about the Justice Department’s efforts to increase public safety in Indian County at www.justice.gov/tribal/accomplishments.html
Cyber-sting Nets Chinese National in Attempt to Export Sensitive Defense TechnologyRead the Press Release
Earlier today, Lisong Ma, a citizen of China, pled guilty at the federal courthouse in Brooklyn, New York, to violating the International Emergency Economic Powers Act by attempting to export weapons-grade carbon fiber from the United States to China. According to court filings and facts presented during the plea proceeding, Ma was arrested after attempting to close a deal to acquire and export the specialized materials, which have applications in the defense and aerospace industries and are therefore controlled for export by the United States Department of Commerce.
The plea 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, Homeland Security Investigations (HSI), New York; Kenneth J. Siegler, Resident Agent-in-Charge of the Defense Criminal Investigative Service (DCIS), New York Resident Agency; and Sidney Simon, Special Agent-in-Charge, U.S. Department of Commerce (DOC), Office of Export Enforcement, New York Field Office.
During the investigation, federal agents tasked with protecting sensitive technology maintained a covert cyber-presence on web sites related to the brokering, purchase and sale of controlled commodities. In February 2013, the defendant, using the name “Ma Li,” e-mailed an undercover agent and indicated that he was interested in acquiring several different types of high-grade carbon fiber. Then, through various online communications, the defendant attempted to negotiate the purchase of five tons of carbon fiber. Based on a review of Internet Protocol log-in information, investigators discovered that the defendant was communicating from the People’s Republic of China.
On March 12, 2013, the defendant and undercover agents engaged in an online video teleconference session, which was recorded. During the teleconference, the defendant and the undercover agents discussed the license requirement to export certain types of carbon fiber from the United States. One of the agents told the defendant: “We can’t send this to China without an export license, otherwise we risk going to jail.” The defendant then told agents that he would soon be traveling to the United States, and arranged a meeting to further discuss the terms of a deal. On March 27, 2013, the defendant met with undercover agents in the United States. During the meeting, which was covertly recorded, the defendant requested a sample of carbon fiber, because it was “easier” and “safer” to ship, and later commented: “There is a greater chance that the authorities will arrest you if you get a third party involved. That is why it’s better to go directly from the U.S. to China.”
The defendant ultimately decided to ship a sample of weapons-grade, Toray-type T-800 carbon fiber from the United States to China. He paid the undercover agents and placed the material into a plain brown box. Ma falsely indicated on the waybill and invoice that the package contained “clothing.” After the defendant finished packing the box and completing the shipping forms, the package was transported to a courier service, to be shipped to China. The package was thereafter intercepted by agents before it could be exported. Agents also intercepted and arrested the defendant shortly thereafter, as he transited Los Angeles International Airport on his way to Shanghai. He was then removed in custody to Brooklyn.
Certain types of carbon fiber, such as the type defendant Ma sought to acquire in this case, are closely controlled to protect national security. The regulation of carbon fiber falls under the jurisdiction of the Department of Commerce, which reviews and controls the export of certain goods and technology from the United States to foreign countries. In particular, the Commerce Department has placed restrictions on the export of goods and technology that it has determined could make a significant contribution to the military potential or nuclear proliferation of other nations, or that could be detrimental to the foreign policy or national security of the United States.
Carbon fiber composites are ideally suited to applications where strength, stiffness, lower weight, and outstanding fatigue characteristics are critical requirements. These composites also can be used in applications where high temperature, chemical inertness, and high damping are important. The two main applications of carbon fiber are in specialized technology, which includes aerospace and nuclear engineering, and in general engineering and transportation. In addition, certain carbon fiber-based composites, such as the material sought by the defendant, are used in military aircraft and unmanned aerial vehicles. Due to the scarcity of these types of materials, they command high prices on the open market and are highly sought after.
“The defendant tried to circumvent laws that protect our national security by preventing specialized technologies from falling into the wrong hands. The defendant was bent on exporting to China up to five tons of weapons-grade carbon fiber -- enough carbon fiber to stretch from Brooklyn to the Pacific Ocean,” stated United States Attorney Lynch. “Today’s conviction should leave no doubt that the United States will use every available technique, including covert cyber operations, to maintain the superiority of our nation’s armed forces.” Ms. Lynch praised the level of inter-agency cooperation in this case, and added that the government’s investigation is ongoing.
“Today’s conviction highlights the reality that even the most relentless of efforts to unlawfully acquire sensitive American technology will be foiled,” said HSI Special Agent in Charge Hayes. “This investigation provides a great example of how HSI and federal law enforcement are meeting the threat posed by tech savvy international smugglers head-on.”
“This plea demonstrates our resolve to investigate and prosecute those who choose to violate U.S. export control laws. We are proud to work with our law enforcement partners in protecting national security and leveling the playing field for legitimate commerce,” said DOC Special Agent-in-Charge Simon.
“This investigation demonstrates the continued commitment of the Defense Criminal Investigative Service, in cooperation with our law enforcement partners and the U.S. Attorney’s Office, to aggressively pursue those intent on acquiring and illegally exporting military grade materials. Too often these sensitive items find their way into the hands of adversaries and therefore present a potential threat to National Security and America’s war fighters.” stated DCIS Resident Agent-in-Charge Siegler.
Today’s plea took place before United States Magistrate Judge Vera Scanlon When sentenced, Ma faces up to 20 years in prison, as well as forfeiture and a fine of up to $1 million.
The government’s case is being prosecuted by Assistant United States Attorney Seth DuCharme, with assistance from Trial Attorney David Recker of the Department of Justice Counterespionage Section.
The Defendant:
LISONG MA
Age: 34Court Approves Consent Decree to Prevent and Address Racial Discrimination in Student Discipline in Meridian, Miss.Read the Press Release
The U.S. District Court for the Southern District of Mississippi today approved a landmark consent decree filed by the Justice Department, together with private plaintiffs and the Meridian Public School District in Meridian, Miss., to prevent and address racial discrimination in student discipline. The consent decree is a far-reaching plan to reform discipline practices, including suspensions, expulsions and school-based arrests that unlawfully channel black students out of their classrooms and, too often, into the criminal justice system.
“The consent decree approved by the court today will propel meaningful reform in Meridian schools and serve as a blueprint for school districts across the country,” said Jocelyn Samuels, Principal Deputy Assistant Attorney General for the Civil Rights Division. “We commend the Meridian Public School District for its commitment to keeping its students in safe and inclusive classrooms, and out of the school-to-prison pipeline.”
The consent decree amends a longstanding federal school desegregation decree enforced by the United States, which prohibits the district from discriminating against students based on race.The district has already started to take action to implement the consent decree, which requires it to:
• Limit discipline that removes students from classrooms, such as suspensions, expulsions and alternative placement, as well as end exclusionary consequences for minor misbehavior;
• Expand use of a proven behavior management approach known as positive behavior intervention and supports and train teachers and administrators so they have the tools necessary to safely and effectively manage their classrooms and schools;
• Prevent school officials from involving law enforcement officers when a student’s behavior can be safely and appropriately handled under school disciplinary procedures;
• Provide training for school law enforcement officers on bias-free policing, child and adolescent development and age appropriate responses, practices proven to improve school climate, mentoring and working with school administrators;
• Create clear entry and exit criteria at the alternative school and provide support to facilitate students’ transitions back to their home schools;
• Enhance due process protections in student discipline hearings;
• Monitor discipline data to identify and respond to racial disparities; and
• Engage families and communities as partners in revising policies and through regular school and community forums.“This consent decree is a major stride toward equal justice and equal opportunity for all students in Meridian,” said Gregory K. Davis, United States Attorney for the Southern District of Mississippi. “The court’s order is a powerful reminder to schools that they may not discriminate against students on the basis of race or another protected status in administering discipline.”
The department filed a related case against the Meridian Police Department, the Lauderdale County Youth Court and the State of Mississippi in October 2012, alleging that those defendants systematically violate the due process rights of students referred by the district. That case remains pending in the United States District Court for the Southern District of Mississippi.
The enforcement of Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, among other bases, in public schools is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Corpus Christi Jury Convicts Houston Man of Marijuana TraffickingRead the Press Release
CORPUS CHRISTI, Texas – A federal jury in Corpus Christi has found Luis Perez-Barocela guilty for his participation in a large drug trafficking conspiracy, United States Attorney Kenneth Magidson announced today. The jury returned its verdict just a short time ago after three days of trial and less than three hours of deliberation.
Perez-Barocela, 37, of Houston, was convicted of conspiracy to possess with the intent to distribute more than 1000 kilograms of marijuana from October 2011 until his arrest on Oct. 24, 2012.
Evidence at trial established that the organization moved large amounts of marijuana in tractor-trailers hauling produce through the Falufurrias Border Patrol checkpoint and on to other major cities within the United States. From October 2011 until April 2012, approximately 3,000 kilograms of marijuana was seized. Those seizure have, to date, resulted in the convictions of three tractor-trailer drivers, Jose Benitez, 46, of Houston, Ernesto Cabrera-Enriquez, 39, of Miami, Fla., Noe Galindo, 37, of Weslaco, as well as co-defendants Raul Peraza-Trejo, 44, of Miami, and Oscar Quijano, 43, of Dallas.
The government proved Peraza-Trejo would procure large loads of marijuana in the Rio Grande Valley, while Perez-Barocela was responsible for recruiting drivers. He and his co-defendants were also tasked with escorting the loads through the checkpoint while safely situated in other passenger vehicles and maintaining contact with the drivers by phone. Jurors also learned Quijano provided the organization with his tractor-trailer on several occasions for use in the smuggling venture.
Drivers Benitez, Cabrera-Enriquez, Galindo and others provided testimony that they were each recruited by Perez-Barocela and offered between $15,000 and $55,000 to drive approximately 700 pounds of marijuana through the checkpoint and on to various cities within the United States. However, they learned upon their arrest that they had actually been hauling between 1,200 and 2,800 pounds.
Agents with the Drug Enforcement Administration (DEA) and Homeland Security Investigations (HSI) testified as to photographs showing Perez-Barocela, his co-defendants and/or vehicles associated with the defendants passing through the checkpoint often within minutes of load vehicles. Additionally, the jury heard testimony regarding cellular telephone records that demonstrated contact between Perez-Barocela and the drivers in the days and weeks leading up to their arrest.
Senior U.S. District Judge John Rainey, who presided over the trial, has set sentencing for Aug. 19, 2013, at which time Perez-Barocela faces a minimum of 10 years and up to life in prison as well as a $10 million fine. He will remain in custody pending that hearing. All other co-defendants and co-conspirators are awaiting sentencing.
The case was investigated by DEA, HSI and Border Patrol. Assistant United States Attorney Jeffrey D. Preston is prosecuting the case.
Corey Moore Sentenced to over 22 Years in Prison on Federal Drug and Gun ChargesRead the Press Release
Greenbelt, Maryland - U.S. District Judge Alexander Williams, Jr. sentenced Corey Moore, age 37, of Takoma Park, Maryland, today to 271 months in prison followed by five years of supervised release for possession with intent to distribute controlled substances, specifically cocaine and phencyclidine (PCP); possession of firearms in furtherance of a drug trafficking crime; and being a felon in possession of guns and ammunition.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief Alan Goldberg of the Takoma Park Police Department; Chief J. Thomas Manger of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.
“Corey Moore will no longer sell drugs and foment violence on the streets of Maryland and D.C.,” said U.S. Attorney Rod J. Rosenstein.
According to evidence presented at his one week bench trial, on September 25, 2010, Moore possessed with intent to distribute powder cocaine, which was recovered by Takoma Park police after a chase. In addition, on September 27, 2010, police executed a search warrant at Moore’s residence and seized one kilogram or more of PCP, which Moore intended to distribute, as well as a .44 caliber, semi-automatic pistol, a.38 caliber revolver, and six rounds of .38 caliber ammunition. Trial testimony showed that Moore possessed the guns to further his drug trafficking and that Moore was prohibited from possessing the guns and ammunition due to a previous felony conviction.
United States Attorney Rod J. Rosenstein praised ATF, the Takoma Park Police Department, Montgomery County Police Department and the Montgomery County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Steven E. Swaney and Mara Zusman Greenberg, who prosecuted the case.
Coeur D'Alene Man Pleads Guilty to Possessing More Than 3,500 Images of Child PornographyRead the Press Release
COEUR D’ALENE – Brian Daniel Rowe, 28, of Coeur d’Alene, Idaho, pleaded guilty yesterday in United States District Court in Coeur d’Alene to possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Rowe was charged by indictment on January 15, 2013.
According to the plea agreement, Rowe admitted that in July 2012, he possessed a computer and a smart phone that contained more than 3,500 sexually explicit images of minors. When Rowe was interviewed by investigators, he admitted that he had been downloading sexually explicit images of minors for years.
Authorities were alerted to Rowe’s illegal behavior earlier in 2012, when they received information that Rowe was making child pornography available to others on an Internet peer-to-peer network. Following an investigation, investigators executed a search warrant at Rowe’s residence and seized computers and his smart phone.
The charge of possessing sexually explicit images of minors is punishable by up to 10 years in prison, a maximum fine of $250,000, and a minimum term of five years up to lifetime supervised release. The government is seeking forfeiture of the computer equipment used in the offense.
Sentencing is set is set for August 19, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
“Those who victimize children by possessing and distributing images of children being sexually abused will be identified, investigated and prosecuted,” said Olson. “Today’s guilty plea sends the strong message that law enforcement throughout Idaho will work in an efficient and coordinated manner to bring these predators to justice.”
The case was investigated by the Idaho Attorney General’s Office, Meridian Police Department, Coeur d’Alene Police Department, Nampa Police Department, Kootenai County Prosecutor’s Office, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and United States Secret Service. The agencies are members of the Idaho Internet Crimes Against Children (ICAC) Task Force, a statewide coalition of local, state and federal law enforcement and prosecution agencies focused on apprehending and prosecuting individuals who use the Internet to criminally exploit children. For more information about the Idaho ICAC Task Force and a list of participating agencies, visit www.icacidaho.org.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Clearwater Man Sentenced to Eight Years for Stolen Identity Refund FraudRead the Press Release
Tampa, Florida - U.S. District Judge James D. Whittemore sentenced Carlos Johnson yesterday to eight years in federal prison for wire fraud and aggravated identity theft. As part of his sentence, the court also entered a money judgment in the amount of $431,625.00, the proceeds of the offenses. Johnson was also ordered to forfeit a Cadillac and a Dodge Charger that were purchased with the fraud proceeds. Johnson pleaded guilty on February 26, 2013.
According to court documents, Johnson engaged in stolen identity tax refund fraud from as early as July 2011 through October 2012. More than 170 fraudulent tax returns were electronically filed from his residence during this period. Johnson was also tied to additional returns based on his use of debit cards containing fraudulently obtained tax refunds. Johnson used the fraudulently obtained money from the U.S. Treasury for cars and travel, including a Cadillac CTS and a stay at the Bellagio Hotel in Las Vegas, Nevada.
This case was investigated by the Internal Revenue Service Criminal Investigation, and the Clearwater Police Department. It was prosecuted by Assistant United States Attorney Sara C. Sweeney.
Chicago Man Sentenced to 23 Years in Prison for Attempted Bombing on Crowded Street Near Wrigley Field in September 2010Read the Press Release
CHICAGO — A Chicago man was sentenced today to 23 years in federal prison for placing a backpack that he thought contained a powerful explosive device into a curbside trash container on a crowded street near Wrigley Field in September 2010. The defendant, SAMI SAMIR HASSOUN, pleaded guilty in April 2012 to one count each of attempted use of a weapon of mass destruction and attempted use of an explosive device, and faced between 20 and 30 years in prison under the terms of his plea agreement.
Hassoun, 25, a Lebanese citizen and permanent resident alien who formerly resided on the city’s north side, has remained in federal custody since he was arrested during the very early morning on Sept. 19, 2010. The purported bomb was actually an inert device that was provided by undercover FBI agents, who were investigating and monitoring Hassoun’s proclaimed determination to commit acts of violence in Chicago for monetary gain and to cause local political instability.
“The thought of what might have happened if it was real is horrific,” said U.S. District Judge Robert Gettleman, who ordered Hassoun placed on five years of supervised release following his prison term and noted that he will be subject to deportation when he is released.
As a result of the undercover investigation, Hassoun never posed any actual imminent danger, but his guilty plea made clear that he intended to cause mass casualties and had rejected opportunities to walk away from the plot. He chose the particular location and time of the proposed attack – the 3500 block of North Clark Street and late on a Saturday night – because it presented the opportunity to inflict a greater number of casualties. There was a concert at Wrigley Field on Saturday night, Sept. 18, 2010, just before he was arrested.
“If the bag that Hassoun left in that Clark Street trash receptacle had contained the type of explosive device that he thought it did, the results would have been horrific,” said Gary S. Shapiro, United States Attorney for the Northern District of Illinois. “In conversation after conversation, Hassoun made clear that he was willing to bomb innocents and shoot police officers as part of a bizarre effort to destabilize the City of Chicago. And his actions demonstrated that his words were more than empty bravado,” Mr. Shapiro said.
“I am proud of the work done by a talented investigative team in preventing Hassoun from carrying out his intended act of great violence. I am also grateful to the dedicated prosecution team for their role in bringing Hassoun to justice. We remain vigilant in our mission to prevent attacks against Americans and to identify and hold accountable individuals and groups involved in the planning and execution of such attacks,” said Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The investigation was conducted by the Chicago FBI’s Joint Terrorism Task Force, which consists of FBI special agents, Chicago police officers, and other federal, state and local law enforcement agencies.
In pleading guilty, Hassoun admitted telling a law enforcement cooperating source (CS) in early June 2010 that he wanted to commit acts of violence in Chicago and suggested bombing the commercial area surrounding Wrigley Field as one option. Hassoun said that an attack against such an entertainment center could “paralyze” Chicago commerce. The CS told Hassoun that he/she had friends willing to help Hassoun to perpetrate such an attack. Hassoun and the CS continued to discuss Hassoun’s terrorist attack ideas during the following weeks, and Hassoun indicated that he wanted to meet the CS’s contacts and was anxious to act against Chicago.
On July 8, 2010, the CS introduced Hassoun to an undercover FBI task force officer posing as one of the CS’s purported contacts, and Hassoun said that he believed that a series of escalating violent acts could be used to undermine the city’s political establishment. When asked what he was personally willing to do, Hassoun indicated that he was willing to facilitate a car bombing or attacks against Chicago police officers. When asked later if he was concerned about the victims of such violence, Hassoun said that casualties were the inevitable result of what he termed “revolution.”
On July 21, 2010, an undercover FBI agent was introduced to Hassoun as a “good friend” and “brother,” and Hassoun discussed his idea of a series of escalating violent attacks to damage Chicago’s sense of security, its economy, and trust in leadership. He identified Chicago entertainment establishments, civic buildings, commercial high-rises, and transportation infrastructure as potential targets, the plea agreement states.
During this meeting, the undercover agents gave Hassoun a digital camcorder to videotape potential targets. Hassoun traveled to the area around Wrigley Field and filmed potential targets on Aug. 8, 12 and 14, 2010, focusing on the bars, restaurants and potential security in the area. As he filmed, Hassoun commented on the potential tactical advantages and risks of perpetrating an attack at the various locations he observed. Also during the July 21 meeting, Hassoun asked the undercover agents effectively to employ him planning the bombing, and from July 21 to Sept. 18, 2010, they paid Hassoun $2,700.
On Aug. 16, 2010, Hassoun met with the agents and debriefed them on his reconnaissance efforts. He gave them the camcorder and after reviewing the videos, they all discussed the areas that could be targeted to cause maximum casualties with minimum operational difficulty and risk. On Aug. 31, 2010, Hassoun and the undercover agents traveled to Hassoun’s chosen location, which Hassoun said would be crowded with bar patrons.
At a prearranged meeting on the night of Sept. 18, 2010, at a hotel in Rosemont, the undercover agents provided Hassoun with a shopping bag and a backpack that contained the purported bomb. While driving together to the target area, one of the agents explained to Hassoun that the bomb was surrounded by ball-bearings and that its blast could destroy up to half a city block. As they approached the area, one of the agents told Hassoun that he was setting the bomb’s timer for 20 minutes, but Hassoun said that was too long. The agent and Hassoun then set the timer together and activated the purported bomb’s arming mechanism in Hassoun’s presence. They arrived near the target location at approximately 12:10 a.m. on Sunday Sept. 19 and parked about a block away. As planned, Hassoun exited the vehicle with the shopping bag containing the backpack and purported explosive device, walked a short distance, and deposited what he thought was the armed bomb into the trash container on the crowded sidewalk.
The government was represented by Assistant U.S. Attorneys Joel Hammerman and Tinos Diamantatos.
Charleston Man Pleads Guilty for Violating Sex Offender Registration LawsRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Charleston man pleaded guilty in federal court for failing to register as a sex offender as required by the Sex Offender Registration and Notification Act (“SORNA”). Samuel Bailey Jr., 52, of Charleston, pleaded guilty in federal court in Charleston.
On February 5, 1979, Bailey was convicted in the Supreme Court, Monroe County, New York, of first degree rape. As a result of this sex offense conviction, Bailey was required to register as a sex offender for life.
Bailey registered as a sex offender in West Virginia on July 13, 2011. An investigation revealed that in September 2012, Bailey traveled from West Virginia to Ohio, where he resided in and around Columbus, Franklin County, Ohio until March of 2013. Following his travel to Ohio, Bailey was required to update his sex offender registration under SORNA. Bailey failed to register as a sex offender in Ohio for the six months he resided there. The defendant also failed to update his sex offender status in West Virginia.
Bailey faces up to 10 years in prison and a $250,000 fine when he is sentenced on September 12, 2013 by United States District Judge Thomas E. Johnston.
The United States Marshals Service conducted the investigation. The West Virginia State Police and the City of Columbus Police Department also assisted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution.
This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
The Sex Offender Registration and Notification Act which is Title I of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States.
Carbon County Woman Sentenced to Prison for Federal Cocaine Trafficking ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Carbon County woman was sentenced today by Senior United States District Judge Edwin M. Kosik to serve 60 months in prison on the charge of conspiracy to distribute cocaine.
According to United States Attorney Peter J. Smith, Bonnie Vosburgh, age 23, of Nesquehoning, Carbon County, previously admitted to participating in a conspiracy to distribute crack cocaine and powder cocaine in the Carbon County area between January of 2011 and December of 2012.
In addition to the prison term, Senior Judge Kosik also ordered that Vosburgh be supervised by a probation officer for four years following her prison sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Nesquehoning and Lansford Police Departments in Carbon County.
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
Cannonball Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on May 30, 2013, Maureen Red Stone, 30, Cannonball, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault with a dangerous weapon. Red Stone pleaded guilty to the charge on Dec. 18, 2012.
Judge Hovland sentenced Red Stone to two years in federal prison, to be followed by three years of supervised release. Red Stone was ordered to pay a $100 special assessment to the Crime Victim’s Fund and $2,008.58 in restitution.
On Sept. 29, 2012, Red Stone got into an argument with a man. Red Stone entered her van and drove toward the man and struck him with the front of the van. The man’s injuries were not life threatening.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency, with the assistance of the Standing Rock Tribal Prosecutor’s Office.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
California Man Sentenced on Drug Conspiracy ChargesRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Benito Ruiz-Landa, 48, of Hesperia, California, who was convicted of conspiracy to distribute cocaine, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that between January 2008 and June 2010, the defendant along with co-conspirator Miguel Robles-Diaz, while living in California, received shipments of cocaine from Mexico. The two defendants then distributed the cocaine throughout the United States, including the Buffalo area. Ruiz-Landa was arrested in New York City in June 2010 following a wiretap operation which recorded a conversation involving the defendant and the sale of a kilogram of cocaine.
Miguel Robles-Diaz pleaded guilty to a similar charge and was sentenced to 33 months in prison in April 2013.
Following the completion of his federal sentence and after a state charge in New York City is resolved, Ruiz-Landa will be deported back to his native country of Mexico.
The sentencing was the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Region.
Buffalo Man Sentenced for Possession of Child PornographyRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Kevin Baron, 43, of Buffalo, N.Y., who was convicted of possession of child pornography, was sentenced to 168 months in prison and 10 years of supervised release by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on March 9, 2012, the defendant possessed images of child pornography on his personal computer and on DVDs. A forensic analysis of the computer and disks revealed in excess of 600 images of child pornography. The analysis also revealed that a privacy and cleaning software had been installed and was run on February 18, 2012 and February 28, 2012. Some of the images contained depictions of violence against children.
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 exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, along with Officers of the Cheektowaga Police Department, under the direction of Police Chief David Zack and Buffalo Police Department, under the direction of Commissioner Daniel Derenda. Additional assistance was provided by the Western New York Regional Computer Forensics Laboratory, which conducted the forensic analysis of the computer.