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Tuesday 28 May 2013
Felon with Loaded Pistol in Vehicle Pleads Guilty to Federal Firearm ChargeRead the Press Release
HUNTINGTON, W.Va. –A Huntington felon stopped by police following a May 2012 traffic violation pleaded guilty in federal court today to illegal firearm possession charges. Sterlyn Avery Hewlett, 30, pleaded guilty to being a felon in possession of a firearm. Officers with the Huntington Police Department conducted a traffic stop of the defendant’s vehicle on May 12, 2012. During the traffic stop, police found a loaded Glock 9-millimeter pistol inside of Hewlett’s vehicle.
Hewlett was previously convicted in April 2009 in the United States District Court for the Southern District of West Virginia of distribution of a controlled substance. The defendant did not have his rights to possess a firearm restored.
Hewlett faces up to 10 years in prison and a $250,000 fine when he is sentenced on August 26, 2013 by Chief United States District Judge Robert C. Chambers.
The investigation was conducted by the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Special Assistant United States Attorney Sharon M. Frazier is in charge of the prosecution.
This case is also being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Federal Officials Close the Investigation into the Death of the Late Derek WilliamsRead the Press Release
The Department of Justice announced today that there is insufficient evidence to pursue federal criminal civil rights charges against any Milwaukee Police Department officer for the in-custody death of the late Derek Williams on July 6, 2011.Officials from the U.S. Attorney’s Office for the Eastern District of Wisconsin, the department’s Civil Rights Division and the FBI met today with the Williams family and its representatives to inform them of this decision.
The department conducted a comprehensive and independent investigation of the events surrounding the arrest of Mr. Williams, who died while in the custody of Milwaukee police officers. Specifically, special agents of the FBI interviewed over 50 civilian and law enforcement witnesses; consulted with various medical experts on Mr. Williams’ cause of death; conducted a physical examination of the involved squad car and recording system; and visited and canvassed the scene. The special agents of the FBI also analyzed the patrol car video of the incident; the police radio transmissions; the autopsy reports; the testimony and exhibits admitted at the public inquest; the Milwaukee Police Department’s investigative file, including all the eyewitness and forensic evidence; the Milwaukee County District Attorney’s Office’s memorandum declining state charges; the City of Milwaukee’s Fire and Police Commission’s report; and the report of the special prosecutor.
Under the applicable federal criminal civil rights law, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law. Mistake, misperception, negligence or poor judgment are not sufficient to establish a federal criminal civil rights violation. Specifically, the team of prosecutors and FBI agents considered two types of potential violations of federal criminal civil rights law. First, they considered whether any Milwaukee police officer violated the law by willfully using unreasonable force during Mr. Williams’ arrest. Second, they examined whether the officers willfully and unreasonably failed to respond to Mr. Williams’ medical need.
The federal investigation revealed no medical evidence to corroborate the use of unreasonable force by any officer, such as using excessive force while restraining Mr. Williams on the ground. The vast majority of the witnesses interviewed provided no evidence of a willful violation of the applicable civil rights statute. The two civilian eyewitnesses who reported observing unreasonable force gave inconsistent and conflicting accounts that could not be corroborated.
There is also insufficient evidence that the response by any officer to Mr. Williams’ medical needs was objectively unreasonable or carried out with willful intent. The investigation did not reveal evidence that the officers had notice of Mr. Williams’ medical need, and the officers stated they did not know he had a medical need. The squad car video depicting Mr. Williams’ death as he sat in the back of the vehicle is tragic and alarming to watch, but the evidence does not establish that the video duplicates what the officers saw in the back of the squad car that night. The infrared camera, which captures images with little or no light, clearly showed Mr. Williams in the back of the car. However, it cannot be established that this was the vantage point of the subject officers for several reasons. First, there is no backseat lighting in the car and there were minimal artificial lighting sources where the squad car was located. Next, each officer had custody of Mr. Williams for only a short duration of time and no officer watched Mr. Williams for the entire time that he was in distress in the squad car. Finally, there is no evidence that the officers were watching Mr. Williams on the squad car monitor in the front seat.
Although Mr. Williams made repeated statements to officers that he could not breathe, the officers observed him to be breathing. Based on both officer and civilian witness testimony, the lack of more significant physical signs of asphyxiation diminished the officers’ beliefs that Mr. Williams was in any distress. Furthermore, the officers responded with medical treatment once it was obvious to them that Mr. Williams needed help. The facts do not establish beyond a reasonable doubt a willful failure to act in response to a known medical need.
Finally, after consulting with various medical experts, some of whom later testified at the county public inquest, the cause of Mr. Williams’ death remains unknown; it is equally unclear that any delay by officers in providing medical attention to Mr. Williams contributed to his death. Therefore, after a careful and thorough review, a team of experienced federal prosecutors and FBI agents determined that the evidence was insufficient to prove, beyond a reasonable doubt, that any Milwaukee police officer acted willfully with a bad purpose to violate the law. Accordingly, the investigation into this incident has been closed without prosecution.
The Office of the U.S. Attorney for the Eastern District of Wisconsin, the Civil Rights Division and the FBI devoted significant time and resources into conducting a thorough and independent investigation. The department is committed to investigating allegations of civil rights violations by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.
Federal Officials Close the Investigation into the Death of the Late Derek WilliamsRead the Press Release
The Department of Justice announced today that there is insufficient evidence to pursue federal criminal civil rights charges against any Milwaukee Police Department officer for the in-custody death of the late Derek Williams on July 6, 2011.Officials from the U.S. Attorney’s Office for the Eastern District of Wisconsin, the department’s Civil Rights Division and the FBI met today with the Williams family and its representatives to inform them of this decision.
The department conducted a comprehensive and independent investigation of the events surrounding the arrest of Mr. Williams, who died while in the custody of Milwaukee police officers. Specifically, special agents of the FBI interviewed over 50 civilian and law enforcement witnesses; consulted with various medical experts on Mr. Williams’ cause of death; conducted a physical examination of the involved squad car and recording system; and visited and canvassed the scene. The special agents of the FBI also analyzed the patrol car video of the incident; the police radio transmissions; the autopsy reports; the testimony and exhibits admitted at the public inquest; the Milwaukee Police Department’s investigative file, including all the eyewitness and forensic evidence; the Milwaukee County District Attorney’s Office’s memorandum declining state charges; the City of Milwaukee’s Fire and Police Commission’s report; and the report of the special prosecutor.
Under the applicable federal criminal civil rights law, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law. Mistake, misperception, negligence or poor judgment are not sufficient to establish a federal criminal civil rights violation. Specifically, the team of prosecutors and FBI agents considered two types of potential violations of federal criminal civil rights law. First, they considered whether any Milwaukee police officer violated the law by willfully using unreasonable force during Mr. Williams’ arrest. Second, they examined whether the officers willfully and unreasonably failed to respond to Mr. Williams’ medical need.
The federal investigation revealed no medical evidence to corroborate the use of unreasonable force by any officer, such as using excessive force while restraining Mr. Williams on the ground. The vast majority of the witnesses interviewed provided no evidence of a willful violation of the applicable civil rights statute. The two civilian eyewitnesses who reported observing unreasonable force gave inconsistent and conflicting accounts that could not be corroborated.
There is also insufficient evidence that the response by any officer to Mr. Williams’ medical needs was objectively unreasonable or carried out with willful intent. The investigation did not reveal evidence that the officers had notice of Mr. Williams’ medical need, and the officers stated they did not know he had a medical need. The squad car video depicting Mr. Williams’ death as he sat in the back of the vehicle is tragic and alarming to watch, but the evidence does not establish that the video duplicates what the officers saw in the back of the squad car that night. The infrared camera, which captures images with little or no light, clearly showed Mr. Williams in the back of the car. However, it cannot be established that this was the vantage point of the subject officers for several reasons. First, there is no backseat lighting in the car and there were minimal artificial lighting sources where the squad car was located. Next, each officer had custody of Mr. Williams for only a short duration of time and no officer watched Mr. Williams for the entire time that he was in distress in the squad car. Finally, there is no evidence that the officers were watching Mr. Williams on the squad car monitor in the front seat.
Although Mr. Williams made repeated statements to officers that he could not breathe, the officers observed him to be breathing. Based on both officer and civilian witness testimony, the lack of more significant physical signs of asphyxiation diminished the officers’ beliefs that Mr. Williams was in any distress. Furthermore, the officers responded with medical treatment once it was obvious to them that Mr. Williams needed help. The facts do not establish beyond a reasonable doubt a willful failure to act in response to a known medical need.
Finally, after consulting with various medical experts, some of whom later testified at the county public inquest, the cause of Mr. Williams’ death remains unknown; it is equally unclear that any delay by officers in providing medical attention to Mr. Williams contributed to his death. Therefore, after a careful and thorough review, a team of experienced federal prosecutors and FBI agents determined that the evidence was insufficient to prove, beyond a reasonable doubt, that any Milwaukee police officer acted willfully with a bad purpose to violate the law. Accordingly, the investigation into this incident has been closed without prosecution.
The Office of the U.S. Attorney for the Eastern District of Wisconsin, the Civil Rights Division and the FBI devoted significant time and resources into conducting a thorough and independent investigation. The department is committed to investigating allegations of civil rights violations by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.
Federal Officals Close the Investigation into the Death of the Late Derek WilliamsRead the Press Release
Washington, D.C. and Milwaukee, Wisconsin -The United States Department of Justice announced today that there is insufficient evidence to pursue federal criminal civil rights charges against any Milwaukee Police Department officer for the in custody death of the late Derek Williams on July 6, 2011.
Officials from the Office of the United States Attorney for the Eastern District of Wisconsin, the Justice Department’s Civil Rights Division, and the Federal Bureau of Investigation (FBI) met today with the Williams family and its representatives to inform them of this decision.
The Justice Department conducted a comprehensive and independent investigation of the events surrounding the arrest of Mr. Williams, who died while in the custody of Milwaukee police officers. Specifically, special agents of the FBI interviewed over fifty civilian and law enforcement witnesses; consulted with various medical experts on Mr. Williams’ cause of death; conducted a physical examination of the involved squad car and recording system; and, visited and canvassed the scene. Those special agents of the FBI also analyzed the patrol car video of the incident; the police radio transmissions; the autopsy reports; the testimony and exhibits admitted at the public inquest; the Milwaukee Police Department’s investigative file, including all the eyewitness and forensic evidence; the Milwaukee County District Attorney’s Office’s memorandum declining state charges; the City of Milwaukee’s Fire and Police Commission’s report; and, the report of the special prosecutor.
Under the applicable federal criminal civil rights law, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law. Mistake, misperception, negligence, or poor judgment are not sufficient to establish a federal criminal civil rights violation. Specifically, the team of prosecutors and FBI agents considered two types of potential violations of federal criminal civil rights law. First, they considered whether any Milwaukee police officer violated the law by willfully using unreasonable force during Mr. Williams’ arrest. Second, they examined whether the officers willfully and unreasonably failed to respond to Mr. Williams’ medical need.
The federal investigation revealed no medical evidence to corroborate the use of unreasonable force by any officer, such as using excessive force while restraining Mr. Williams on the ground. The vast majority of the witnesses interviewed provided no evidence of a willful violation of the applicable civil rights statute. The two civilian eyewitnesses who reported observing unreasonable force gave inconsistent and conflicting accounts that could not be corroborated.
There is also insufficient evidence that the response by any officer to Mr. Williams’ medical needs was objectively unreasonable or carried out with willful intent. The investigation did not reveal evidence that the officers had notice of Mr. Williams’ medical need, and the officers stated they did not know he had a medical need. The squad car video depicting Mr. Williams’ death as he sat in the back of the vehicle is tragic and alarming to watch, but the evidence does not establish that the video duplicates what the officers saw in the back of the squad car that night. The infrared camera, which captures images with little or no light, clearly showed Mr. Williams in the back of the car. However, it cannot be established that this was the vantage point of the subject officers for several reasons. First, there is no backseat lighting in the car and there were minimal artificial lighting sources where the squad car was located. Next, each officer had custody of Mr. Williams for only a short duration of time and no officer watched Mr. Williams for the entire time that he was in distress in the squad car. Finally, there is no evidence that the officers were watching Mr. Williams on the squad car monitor in the front seat.
Although Mr. Williams made repeated statements to officers that he could not breathe, the officers observed him to be breathing. Based on both officer and civilian witness testimony, the lack of more significant physical signs of asphyxiation diminished the officers’ beliefs that Mr. Williams was in any distress. Furthermore, the officers responded with medical treatment once it was obvious to them that Mr. Williams needed help. The facts do not establish beyond a reasonable doubt a willful failure to act in response to a known medical need.
Finally, after consulting with various medical experts, some of whom later testified at the county public inquest, the cause of Mr. Williams’ death remains unknown; it is equally unclear that any delay by officers in providing medical attention to Mr. Williams contributed to his death. Therefore, after a careful and thorough review, a team of experienced federal prosecutors and FBI agents determined that the evidence was insufficient to prove, beyond a reasonable doubt, that any Milwaukee police officer acted willfully with a bad purpose to violate the law. Accordingly, the investigation into this incident has been closed without prosecution.
The Office of the United States Attorney U.S. Attorney for the Eastern District of Wisconsin, the Civil Rights Division of the United States Department of Justice, and the FBI devoted significant time and resources into conducting a thorough and independent investigation. The Justice Department is committed to investigating allegations of civil rights violations by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The Justice Department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.Federal Jury Convicts Former Cameron County District Attorney Armando Villalobos in Connection with South Texas Bribery SchemeRead the Press Release
Former Cameron County District Attorney Armando Villalobos faces federal prison time after a jury in Brownsville convicted him of federal charges related to a bribery and extortion scheme in South Texas announced United States Attorney Robert Pitman and Federal Bureau of Investigation Special Agent in Charge Armando Fernandez, San Antonio Division.
Late Friday evening, jurors convicted Villalobos of one count of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act, one count of conspiracy to violate the RICO Act and five counts of extortion. Jurors acquitted Villalobos of two counts of extortion.
Evidence presented at trial revealed that from October 2, 2006, through May 3, 2012, Villalobos and others were involved in a scheme to illegally generate income for themselves and others through a pattern of bribery and extortion, favoritism, improper influence, personal self-enrichment, self-dealing, concealment and conflict of interest. Jurors found that Villalobos solicited and accepted over $100,000 in bribes and kickbacks in the form of cash and campaign contributions from South Texas attorney and co-defendant Eduardo “Eddie” Lucio and others in return for favorable acts of prosecutorial discretion, including minimizing charging decisions, pretrial diversion agreements, agreements on probationary matters and case dismissals. Furthermore, Villalobos solicited and arranged for private counsel, including Lucio, to handle civil and forfeiture matters associated with criminal matters pending in the Office of the District and County Attorney of Cameron County.
Villalobos, who remains on bond, faces up to 20 years in federal prison per count at sentencing scheduled for 8:30am on August 26, 2013, before U.S. District Judge Andrew Hanen in Brownsville.
Eduardo Lucio remains under indictment charged with one count of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act, one count of conspiracy to violate the RICO Act and three counts of extortion. He is currently on bond awaiting a trial date.
This investigation was conducted by the Federal Bureau of Investigation, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigation and the Brownsville Police Department. Southern District of Texas Assistant United States Attorney Michael Wynne and Western District of Texas Assistant United States Attorney Greg Surovic are prosecuting this case on behalf of the Government.
Elementary School Employee Sentenced for Posting Child PornographyRead the Press Release
TALLAHASSEE, FLORIDA – Adam Arnold, 44, of Tallahasseewassentenced to serve 108 months in federal prison today for receiving and distributing child pornography. Arnold was working as an information technology technician at Buck Lake Elementary School when he was arrested on September 13, 2012.
The case began when an internet service provider alerted law enforcement to illicit images being sent to and from Arnold’s home computer. A search warrant revealed approximately 15,000 child pornography images hidden in Arnold’s personal computer. Arnold admitted that he was posting and receiving child pornography through a website based in Russia.
The Court reviewed 49 pages of victim impact statements filed on behalf of approximately two dozen children who were depicted in the seized images. The court commented that their injuries were substantial and long-lasting.
In addition to the nine years of incarceration, United States District Judge Robert L. Hinkle imposed a life term of supervised release. While on supervised release, Arnold must register as a sex offender, must seek counseling as a sex offender, and must submit to searches of his computer and other property by his probation officer. Judge Hinkle also ordered that all of the computer equipment and electronic media seized be forfeited to the United States.
U.S. Attorney Marsh expressed her gratitude to Homeland Security Investigations, the Leon County Sheriff’s Office, and the Tallahassee Police Department, whose joint work led to the successful investigation and prosecution. She added: “The safety and well-being of our children is a top priority for the Department of Justice. Our office will continue to aggressively prosecute these cases to protect the community and children, who are our most innocent victims.” Assistant U.S. Attorney Michael T. Simpson prosecuted this case.
Cocaine Distributor Sentenced to 10 Years in PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge Richard D. Bennett sentenced Duane Curtis, age 37, of Randallstown, Maryland, today to 10 years in prison followed by five years of supervised release for conspiracy to distribute and possess with intent to distribute cocaine and conspiracy to launder money.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division.
According to Curtis’ guilty plea, from July 2011 through March 2012, Curtis conspired with Monique Devane and others to distribute cocaine. Devane shipped cocaine from Arizona to Curtis in Maryland for distribution. Curtis sold the cocaine in Maryland and deposited the proceeds into one of four bank accounts controlled by Devane. Devane used the money to purchase more cocaine in Arizona. Over the course of the conspiracy, Curtis deposited over $253,350 in drug proceeds and through his participation in the conspiracy between five and 15 kilograms of cocaine were foreseeable to Curtis.
Monique Devane, age 34, of Yuma, Arizona, previously pleaded guilty and was sentence to five years in prison.
United States Attorney Rod J. Rosenstein commended the DEA Washington and Arizona Field Offices for their work in the investigation, and recognized the Baltimore County Police Department for its assistance. Mr. Rosenstein thanked Assistant United States Attorneys Brooke Carey and Peter M. Nothstein, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Charlotte Man Arrested and Charged with Stealing Identities of Children and Clinicians to Commit Medicaid FraudRead the Press Release
Defendant Allegedly Obtained Over $450,000 for Fraudulent and Non-Existent Services
CHARLOTTE, N.C. – A Charlotte man charged with defrauding Medicaid of at least $450,000 and stealing the identities of children and clinicians to commit the fraud was arrested in Charlotte today, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.
A federal grand jury returned the criminal indictment against Calvin Cantrell Estrich, 31, of Charlotte on May 23, 2013. The indictment charges Estrich with one count of health care fraud conspiracy, four counts of health care fraud, four counts of false statements in connection with health care matters, eight counts of aggravated identity theft, one count of money laundering and one count of making false statements to investigators. The indictment also includes a forfeiture allegation seeking a money judgment in the amount of at least $462,178.
U.S. Attorney Tompkins is joined in making today’s announcement by Attorney General Roy Cooper, who oversees the North Carolina Medicaid Investigations Division (MID).
“Rooting out health care fraud and bringing to justice those looking to scam taxpayer-funded health care programs is a priority for this office,” said U.S. Attorney Tompkins. “Since its inception in 2010, our District’s Health Care Fraud task force has prosecuted a significant number of criminals who sought to benefit financially by falsely billing Medicare and Medicaid. We will continue to fight health care fraud through concentrated and sustained efforts and to aggressively safeguard precious taxpayer dollars.”
“Cases like this one send a strong signal that we won’t tolerate health care fraud in North Carolina,” said Attorney General Roy Cooper. “Our investigators and attorneys will continue to work closely with their federal counterparts to stamp out health care fraud and abuse, save taxpayers’ money, and protect patients.”
According to allegations in the indictment, from October 2009 through November 2010 Estrich and his co-conspirator, Joye Strong, participated in a scheme to defraud Medicaid by submitting reimbursements for medically unnecessary services. Estrich’s company, Everyday’s Blessing, was approved by Medicaid to provide Intensive In-Home Community Intervention Services, which are mental and behavioral services designed to stabilize living arrangements and prevent out-of-home therapeutic treatment for children and youth. The indictment alleges that Estrich and Strong stole and misused the identities of a nurse practitioner and two therapists in order to complete the necessary paperwork for Medicaid to approve services for Medicaid recipients to receive these services. According to the indictment, once Medicaid approved Everyday’s Blessing to provide services to these recipients based upon the fraudulent paperwork, Estrich and Strong sought and received reimbursement from Medicaid through Everyday’s Blessing for the medically unnecessary services. The indictment also alleges that in many instances, the Medicaid recipients did not receive any services at all.
For example, the indictment alleges that Estrich, aided and abetted by others, fraudulently billed Medicaid for services supposedly provided to juvenile Medicaid recipient, identified in the indictment as “J.R.” when, in fact, J.R. did not receive any services. Estrich and Strong, through Everyday’s Blessing, received over $24,000 in payments from Medicaid for these false services. Furthermore, Estrich unlawfully used J.R.’s Medicaid recipient identification number in order to obtain reimbursement pursuant to the fraud scheme.
The indictment further alleges that Estrich and Strong stole the identity of a therapist, identified in the indictment as “J.O.,” in order to obtain approval from Medicaid for fraudulent and medically unnecessary services. According to the indictment, J.O. provided her name and credentials to co-conspirator Strong when J.O. sought employment at another company operated by Strong. Thereafter, Estrich and Strong stole and misused J.O.’s identity by forging J.O.’s signature on paperwork for diagnostic and therapeutic services which J.O. did not perform.
According the indictment, Estrich and Strong obtained $462,178 in fraudulent payments from Medicaid pursuant to the fraud scheme. During the relevant time period, the indictment alleges that Estrich laundered the proceeds of the fraud scheme through cash withdrawals and debit card purchases, including a cash withdrawal in the amount of $15,093 in November 2010. Furthermore, the indictment alleges that when investigators interviewed Estrich about the fraud scheme in December 2012, Estrich made materially false and fraudulent statements to investigators.
Co-conspirator Joye Strong pleaded guilty to eight counts of health care fraud and two counts of money laundering in October 2011. Strong is awaiting sentencing on those charges. U.S. Attorney Tompkins notes that the guilty plea of one any other person is not relevant to the guilt of any indicted person.
Estrich made his initial appearance today in U.S. District Court and was released on bond. If convicted, Estrich faces a maximum of ten years in prison for the health care fraud conspiracy count and for each of the four counts of health care fraud. He faces a maximum prison term of five years for each of the four counts of making false statements in connection with health care matters. He also faces a mandatory consecutive prison term of two years for the eight aggravated identity theft counts, ten years on the one count of money laundering and five years on the one count of making false statements to investigators in a federal health care fraud investigation. Each of the counts charged in the indictment carries a maximum fine of $250,000.
An indictment is merely an allegation and Estrich is presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
The investigation into Estrich and Strong was handled by MID with assistance from the North Carolina Division of Medical Assistance. The prosecution is being handled by Special Assistant United States Attorney Laura Lansford and Assistant U.S. Attorney Kelli Ferry of the Western District of North Carolina.
Ms. Lansford is an Assistant Attorney General with the North Carolina Department of Justice Medicaid Investigations Division and was appointed to serve as a Special Assistant United States Attorney (SAUSA) with the U.S. Attorney’s Office in Charlotte in 2007. The SAUSA position is reflection of the partnership between the Medicaid Investigations Division and the United States Attorney that helps ensure the effective and vigorous prosecution of Medicaid fraud.
The investigation and charges are the work of the Western District’s joint Health Care Fraud Task Force. The Task Force is multi-agency team of experienced federal and state investigators, working in conjunction with criminal and civil prosecutors, dedicated to identifying and prosecuting those who defraud the health care system, and reducing the potential for health care fraud in the future. The Task Force focuses on the coordination of cases, information sharing, identification of trends in health care fraud throughout the region, staffing of all whistle blower complaints, and the creation of investigative teams so that individual agencies may focus their unique areas of expertise on investigations. The Task Force builds upon existing partnerships between the agencies and its work reflects a heightened effort to reduce fraud and recover taxpayer dollars.
If you suspect Medicare or Medicaid fraud please report it by phone at 1-800-447- 8477 (1-800-HHS-TIPS), or E-Mail at [email protected]. To report Medicaid fraud in North Carolina, call the North Carolina Medicaid Investigations Division at 919-881-2320.
Charges Allege Bank Fraud SchemeRead the Press Release
Shukri Temirov, 37, of Philadelphia, PA, was charged today by Information with four counts of bank fraud, announced United States Attorney Zane David Memeger.
The indictment alleges that between December 2009 and March 2011, Temirov defrauded four separate banks: Citizens Bank, TD Bank, PNC Bank, and M&T Bank, out of approximately $120,000 by knowingly depositing checks he knew would not clear either because they had been stolen, fraudulently endorsed, or written without sufficient funds, and then quickly withdrawing the money from his accounts before the banks realized that the checks were no good. Temirov faces a maximum sentence of 120 years imprisonment, with a likely sentencing range of approximately two to two and one-half years’ imprisonment. Temirov also faces a maximum $4 million fine and a $400 special assessment.
The case was investigated by the United States Secret Service and is being prosecuted by Assistant United States Attorney Michael S. Lowe.
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, 215-861-8525Buffalo Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Luis Vazquez, 40, of Buffalo, N.Y., who was convicted of conspiring to possess and distribute more than one kilogram of heroin, was sentenced by U.S. District Judge Richard J. Arcara, to 51 months in prison.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that in March 2012, the defendant was pulled over by the Ohio State Highway Patrol. During the traffic stop and search of Vazquez’s truck and trailer, which was en route from Chicago to Buffalo, officers recovered 2.4 kilograms of heroin. The defendant and others were transporting the kilograms of heroin from Chicago for distribution in the Buffalo area.
The sentencing is the culmination of an investigation on the part of Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the Ohio State Highway Patrol, under the direction of Colonel John Born.Buffalo Man Charged with Stealing Historical DocumentsRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Daniel J. Witek, 50 of Buffalo, N.Y., was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine or both.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the complaint, the defendant is associated with various museums and libraries in Western New York. Witek is accused of stealing at least five historical letters from the Buffalo History Museum. The defendant then tried to sell the letters to Lion Heart Autographs in New York City.
If you are a public or private collector of rare books, letters or artwork and believe an item or items are missing from your collection, please contact the Federal Bureau of Investigation at 716-856-7800.
The criminal complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Acting Special Agent in Charge Richard M. Frankel and the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.
Bronx Woman Sentenced in Manhattan Federal Court to 13 Years in Prison for the Sexual Exploitation of A Child and Making False StatementsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that INOCENCIA ORTEGA was sentenced today in Manhattan federal court to 13 years in prison for conspiring to sexually exploit a child and making false statements related to sex offenses. ORTEGA pled guilty in June 2012. She was sentenced today by U.S. District Judge Paul A. Engelmayer.
Manhattan U.S. Attorney Preet Bharara stated: “Inocencia Ortega facilitated the exploitation of a child, and then compounded her crime by lying to investigators. With her sentence today, this Office continues its work to prosecute and punish child predators and those who enable their heinous crimes.”
According to documents filed in this case and statements made in court:
In July 2011, ORTEGA and her co-defendant, Luciano Mendez-Rojas, engaged in sexually explicit conduct together in their home in the Bronx, New York, while their minor child filmed videos of their conduct at the direction of Mendez-Rojas.
On October 19, 2011, ORTEGA falsely stated to two federal agents that her children never told her that they had seen child pornography downloaded by Mendez-Rojas. However, her minor child had already told ORTEGA that he had seen a video containing child pornography.
In addition to the prison term, Judge Engelmayer sentenced ORTEGA, 36, a citizen of Mexico, to three years of supervised release. She must also register as a sex offender, and was ordered to pay a $200 special assessment.
Mr. Bharara praised the investigative work of Immigration and Customs Enforcement’s
(ICE) Homeland Security Investigations (HSI) and the New York City Police Department.
The case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Kristy J. Greenberg and Daniel C. Richenthal are in charge of the prosecution.
ICE HSI encourages the public to report suspected child predators and any suspicious
activity through its toll-free hotline at 1-866-347-2423. This hotline is staffed around the clock
by investigators.
Suspected child sexual exploitation or missing children may be reported to the National Center for Missing and Exploited Children, an Operation Predator partner, at 1-800-843-5678 or http://www.cybertipline.com.
Bricktown Gang Member Sentenced to 140 Months ImprisonmentRead the Press Release
Shawntell Rush Was A Long Time Gang Member Who Often Possessed Handguns In Connection With His Gang Activity
SYRACUSE, NEW YORK –
RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, announces that SHAWNTELL RUSH, age 29, of Syracuse, was sentenced today in U.S. District Court in Syracuse to 140 months imprisonment for his role in conspiring to engage in a pattern of racketeering activity through his membership in the Bricktown Gang, a violent street gang operating on the streets of Syracuse.
As part of his plea, RUSH admitted that the Bricktown Gang operated within the City of Syracuse from at least 2000 through the present and that members of the Bricktown Gang: (1) maintain a specific geographic territory within the City of Syracuse in which only gang members can sell crack cocaine, cocaine and marijuana; (2) protect that exclusive crack distribution territory with violence if necessary; (3) obtain drugs from suppliers in New York City and elsewhere; (4) project a very violent attitude and respond to violence with violence in order to preserve their stature in the gang community; (5) on occasion use hand signs, wear blue colored bandanas and have tattoos, all of which are intended to signify their gang membership; (6) use criteria such as willingness to use violence, ability to sell drugs, and familial connections to determine membership; and (7) routinely carry and use firearms in connection with their gang activity.
RUSH also admitted to a robbery and multiple acts of gun possession as part of his gang activity.
This prosecution resulted from a long-term investigation conducted by the Syracuse Gang Violence Task Force, which is comprised of agents and detectives from the following agencies: the Syracuse Police Department, the Onondaga County Sheriff's Department, the New York State Troopers, the United States Marshals Service and the United States Department of Justice, Bureau of Alcohol, Tobacco, and Firearms (Syracuse Office). The Onondaga County District Attorney’s Office also assisted in the investigation.
Further questions or inquiries may be directed to Assistant U.S. Attorney, John M. Katko, who is handling the case, at (315) 448-0672.
Bank Robber Sentenced to 10 Years in PrisonRead the Press Release
Greenbelt, Maryland - U.S. District Judge Roger W. Titus sentenced Marvin Junius Simmons, age 43, of Alexandria, Virginia, today to 10 years in prison followed by three years of supervised release for three bank robberies.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Chief Mark A. Magaw of the Prince George’s County Police Department.
According to Simmons= guilty plea, between December 29, 2011 and February 27, 2012, Simmons robbed three banks located in Prince George’s County. In each robbery, Simmons presented the teller with a note threatening that he had a nuclear bomb and demanding money. Latent fingerprints obtained from each of the three notes matched known fingerprints of Simmons. In addition, after the first robbery law enforcement recovered items of clothing worn by the robber and DNA on some of the clothing was consistent with the known DNA of Simmons. Simmons admits that he stole a total of approximately $5,900 in the three robberies.
Specifically, Simmons robbed: the Wells Fargo Bank in the 5800 block of Silver Hill Road in District Heights, Maryland, on December 29, 2011, stealing $3,200; the Suntrust Bank in the 5700 block of Crain Highway in Upper Marlboro, Maryland on January 10, 2012, stealing $550; and the M&T Bank in the 6300 block of Kirby Road in Clinton, Maryland, on February 27, 2012, stealing $2,150.
United States Attorney Rod J. Rosenstein commended the FBI and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney William D. Moomau, who prosecuted the case.
United States Attorney Rod J. Rosenstein commended the DEA Washington and Arizona Field Offices for their work in the investigation, and recognized the Baltimore County Police Department for its assistance. Mr. Rosenstein thanked Assistant United States Attorneys Brooke Carey and Peter M. Nothstein, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Auburn, New York - Man pled guilty to filing a false personal income tax return in tax year 2007.Read the Press Release
United States Attorney Richard S. Hartunian announced today that Bradley S. Leader, 42, of Auburn, New York, pled guilty to filing a false personal income tax return in tax year 2007.
Leader is a chiropractor who has worked at Leader Chiropractic, a chiropractic center located in Auburn, New York. From 2005-2009, he realized income in the approximate amount of $225,000 over and above the income he reported on his personal tax returns. This was accomplished by Leader not providing all pertinent information to his tax preparer; specifically he did not disclose to his tax preparer or identify on his tax returns additional gross receipts information (personal checks received from patients and certain insurance company checks). In his plea agreement, Leader admitted he failed to include $55,513.87 as income on his 2005 personal federal tax return, $38,412.83 as income on his 2006 personal federal tax return, $47.435.90 as income on his 2007 personal federal tax return, $43,130.86 as income on his 2008 personal federal tax return, and $42,036.00 as income on his 2009 personal federal tax return. Leader knew the returns he filed each year were false because each substantially under reported his income for that year. As a result, Leader owes more than $68,000 in back taxes for the years 2005-2009.
United States District Judge David N. Hurd scheduled sentencing for September 27, 2013 at 2:00 p.m. in Utica. Leader faces a maximum term of imprisonment of three years and a fine of $100,000. In addition, the defendant will be required to pay all back taxes due and owing for the tax years 2005-2009.
The case was investigated by the Internal Revenue Service, Criminal Investigations. The case was prosecuted by Assistant U.S. Attorney Stephen C. Green.
Attorney General Holder and USCIS Director Welcome New <br /> Citizens at Justice Department Building Swearing in CeremonyRead the Press Release
Attorney General Eric Holder delivered keynote remarks after U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas administered the Oath of Allegiance to 70 new citizens today during a special naturalization ceremony at the Department of Justice’s Great Hall.
“Like millions of immigrants who came before them – including my father and grandparents, who came to this country many years ago from Barbados – these new citizens have demonstrated remarkable faith in the principles of equality, opportunity and justice that have always stood at the core of our identity as a nation,” said Attorney General Holder. “Many of them have faced great difficulties – and grave dangers – to reach this moment. But each of their individual stories proves the enduring promise of the American dream, and it’s a tremendous honor to welcome them as the newest members of our great and diverse American family.”
“The Department of Justice has a proud history of protecting vulnerable immigrants from those who seek to exploit them,” said Director Mayorkas. “It is an honor to welcome these new citizens alongside the Attorney General in the Great Hall—a symbol of the promise our nation makes to all its citizens to secure equal justice under the law.”
The new citizens naturalized at today’s ceremony hailed from the following 34 countries: Afghanistan, Albania, Argentina, Bangladesh, Belarus, Bolivia, Brazil, Canada, Colombia, Egypt, El Salvador, Ethiopia, Germany, Ghana, India, Iran, Iraq, Kosovo, Lebanon, Mexico, Morocco, Mozambique, Nepal, Pakistan, Paraguay, Peru, the Philippines, Romania, Russia, South Korea, Syria, Turkey, United Kingdom and Vietnam.
The department and USCIS are part of a multi-agency, nationwide initiative to combat immigration services scams. This initiative targets immigration scams involving the unauthorized practice of immigration law (UPIL), which occurs when legal advice and/or representation regarding immigration matters is provided by an individual who is not an attorney or accredited representative.For more information on USCIS and its programs, please visit www.uscis.gov or follow USCIS on Twitter ( @uscis ), YouTube ( /uscis ), Facebook(/ uscis ), and the USCIS blog The Beacon .
Aggravated Identify Theft Lands City Man in Prison for 78 MonthsRead the Press Release
Oklahoma City, Oklahoma – DANIEL WAYNE AUSMUS, 44, from Oklahoma City, was sentenced by United States District Judge Timothy D. DeGiusti to serve 78 months in prison for aggravated identity theft, mail fraud, and submitting false claims to the United States, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma. Judge DeGiusti also ordered Ausmus to serve three years of supervised release upon release from prison and to pay $45,972.62 in restitution to the victims.
According to court filings and information from the plea and sentencing hearings, starting in November of 2009 Ausmus used various sources, including the internet, to obtain personal information of over 100 individuals including names, dates of birth, and social security numbers. Ausmus then used these to fraudulently apply online for prepaid debit cards. He had the cards mailed to vacant houses near his residence where he would retrieve them after delivery by the Postal Service. In addition, Ausmus used the personal information to file false claims for tax refunds for both state and federal tax refunds.
Ausmus was charged by information on October 30, 2012, and later pled guilty to all three count of the information.
In addition to the 78-month prison term, Judge DeGiusti also ordered Ausmus to serve three years of supervised release upon release from prison and to pay $45,972.62 in restitution to the victims, which include the IRS and States of Oklahoma, Kansas, Hawaii, Alabama, North Carolina and Missouri.
This case was investigated by the United States Postal Inspection Service and IRS Criminal Investigation. The case was prosecuted by Assistant United States Attorney Timothy Ogilvie.
Monday 27 May 2013
Wal-Mart Pleads Guilty to Federal Environmental Crimes and Civil Violations and Will Pay More Than $81 MillionRead the Press Release
SAN FRANCISCO – Wal-Mart Stores Inc. pleaded guilty today in cases filed by federal prosecutors in Los Angeles and San Francisco to six counts of violating the Clean Water Act by illegally handling and disposing of hazardous materials at its retail stores across the United States, announced United States Attorney Melinda Haag. The Bentonville, Ark.-based company also pleaded guilty today in Kansas City, Mo., to violating the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by failing to properly handle pesticides that had been returned by customers at its stores across the country.
As a result of the three criminal cases brought by the Justice Department, as well as a related civil case filed by the U.S. Environmental Protection Agency (EPA), Wal-Mart will pay approximately $81.6 million for its unlawful conduct. Coupled with previous actions brought by the states of California and Missouri for the same conduct, Wal-Mart will pay a combined total of more than $110 million to resolve cases alleging violations of federal and state environmental laws.
According to documents filed in U.S. District Court in San Francisco, from a date unknown until January 2006, Wal-Mart did not have a program in place and failed to train its employees on proper hazardous waste management and disposal practices at the store level. As a result, hazardous wastes were either discarded improperly at the store level – including being put into municipal trash bins or, if a liquid, poured into the local sewer system – or they were improperly transported without proper safety documentation to one of six product return centers located throughout the United States.
“As one of the largest retailers in the United States, Wal-Mart is responsible not only for the stock on its shelves, but also for the significant amount of hazardous materials that result from damaged products returned by customers,” said Melinda Haag, U.S. Attorney for the Northern District of California. “The crimes in these cases stem from Wal-Mart's failure to comply with the regulations designed to ensure the proper handling, storage, and disposal of those hazardous materials and waste. With its guilty plea today, Wal-Mart is in a position to be an industry leader by ensuring that not only Wal-Mart, but all retail stores properly handle their waste.”
“Federal laws that address the proper handling, storage and disposal of hazardous wastes exist to safeguard our environment and protect the public from harm,” said André Birotte Jr., the U.S. Attorney for the Central District of California. “Retailers like Wal-Mart that generate hazardous waste have a duty to legally and safely dispose of that hazardous waste, and dumping it down the sink was neither legal nor safe. The case against Wal-Mart is designed to ensure compliance with our nation’s environmental laws now and in the future.”
“By improperly handling hazardous waste, pesticides and other materials in violation of federal laws, Wal-Mart put the public and the environment at risk and gained an unfair economic advantage over other companies,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today, Wal-Mart acknowledged responsibility for violations of federal laws and will pay significant fines and penalties, which will, in part, fund important environmental projects in the communities impacted by the violations and help prevent future harm to the environment.”
“The FBI holds all companies, regardless of size, to the same standards,” said FBI Special Agent in Charge David J. Johnson of the San Francisco Field Office. “We will continue to work closely with our law enforcement partners to ensure there is a level playing field for all businesses and that everyone follows the rules.”
“Today Wal-Mart is taking responsibility for violating laws that protect people from hazardous wastes and chemicals,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Wal-Mart is committing to safe handling of hazardous wastes at all of its facilities nationwide, and action that will benefit communities across the country.”
Wal-Mart owns more than 4,000 stores nationwide that sell thousands of products which are flammable, corrosive, reactive, toxic or otherwise hazardous under federal law. The products that contain hazardous materials include pesticides, solvents, detergents, paints, aerosols and cleaners. Once discarded, these products are considered hazardous waste under federal law.
Wal-Mart pleaded guilty this morning in San Francisco to six misdemeanor counts of negligently violating the Clean Water Act. The six criminal charges were filed by the U.S. Attorney’s Office in Los Angeles and San Francisco (each office filed three charges), and the two cases were consolidated in the Northern District of California, where the guilty pleas were formally entered before U.S. Magistrate Judge Joseph C. Spero. As part of a plea agreement filed in California, Wal-Mart was sentenced to pay a $40 million criminal fine and an additional $20 million that will fund various community service projects, including opening a $6 million Retail Compliance Assistance Center that will help retail stores across the nation learn how to properly handle hazardous waste.
In the third criminal case resolved today, Wal-Mart pleaded guilty in the Western District of Missouri to violating FIFRA. According to a plea agreement filed in Kansas City, beginning in 2006, Wal-Mart began sending certain damaged household products, including regulated solid and liquid pesticides, from its six return centers to Greenleaf, LLC, a recycling facility located in Neosho, Mo., where the products were processed for reuse and resale. Because Wal-Mart employees failed to provide adequate oversight of the pesticides sent to Greenleaf, regulated pesticides were mixed together and offered for sale to customers without the required registration, ingredients, or use information, which constitutes a violation of FIFRA. Between July 2006 and February 2008, Wal-Mart trucked more than 2 million pounds of regulated pesticides and additional household products from its various return centers to Greenleaf. In November 2008, Greenleaf was also convicted of a FIFRA violation and paid a criminal penalty of $200,000 in 2009.
Pursuant to the plea agreement filed in Missouri and accepted today by U.S. District Judge John T. Maughmer, Wal-Mart agreed to pay a criminal fine of $11 million and to pay another $3 million to the Missouri Department of Natural Resources, which will go to that agency’s Hazardous Waste Program and will be used to fund further inspections and education on pesticide regulations for regulators, the regulated community and the public. In addition, Wal-Mart has already spent more than $3.4 million to properly remove and dispose of all hazardous material from Greenleaf’s facility.
In conjunction with today’s guilty pleas in the three criminal cases, Wal-Mart has agreed to pay a $7.628 million civil penalty that will resolve civil violations of FIFRA and Resource Conservation and Recovery Act (RCRA). In addition to the civil penalties, Wal-Mart is required to implement a comprehensive, nationwide environmental compliance agreement to manage hazardous waste generated at its stores. The agreement includes requirements to ensure adequate environmental personnel and training at all levels of the company, proper identification and management of hazardous wastes, and the development and implementation of Environmental Management Systems at its stores and return centers. Compliance with this agreement is a condition of probation imposed in the criminal cases.
The criminal cases announced today are a result of investigations conducted by the FBI and the EPA, which received substantial assistance from the California Department of Substance and Toxics Control, and the Missouri Department of Natural Resources.
In California, the cases were prosecuted in San Francisco by Assistant U.S. Attorney Stacey Geis and in Los Angeles by Assistant U.S. Attorney Joseph O. Johns. In Missouri, the case was prosecuted by Deputy U.S. Attorney Gene Porter and ENRD Senior Trial Attorney Jennifer Whitfield of the Environmental Crimes Section of the Environment and Natural Resources Division.
(Wal-Mart Plea Agreement )
U.S. Attorney’S Office Announces Creation of Conservation FundRead the Press Release
SAN FRANCISCO - United States Attorney Melinda Haag announced today the creation of the San Francisco Bay Estuary Conservation Fund (the Fund). The Fund, to be administered by the National Fish and Wildlife Foundation (NFWF), is dedicated to protecting and restoring the San Francisco Bay estuary environment, including, but not limited to, fish and wildlife, and the habitats upon which they depend, such as the water, land, and air resources in and around the estuary, and improving federal, state and local enforcement of environmental and wildlife protection laws.
The $8.7 million seed money for the Fund comes from several corporate criminal cases that the U.S. Attorney’s Office has prosecuted in the past several years, including the Wal-Mart conviction announced earlier today, where $4.5 million of the settlement will go directly to the Fund. Other cases include the Cosco Busan oil spill wherein $2 million of the $10 million the shipping company, Fleet Management Ltd, paid as part of a federal plea agreement, will go towards the Fund, as well as payments from criminal convictions against Horizon Lines, Shore Terminals, Kie-Con, and Dianik Bross Shipping. In all of these cases, in addition to a fine, the companies agreed to make community service payments in order to address the environmental harm or potential environmental harm created by the company’s unlawful conduct.
The Fund was created by the U.S. Attorney’s Office with the goal of establishing a sustainable revenue source dedicated to local environmental projects focused on protecting and restoring the San Francisco Bay estuary. Congress has delegated NFWF the authority to establish and administer these types of funds. NFWF will determine the grant amounts and select projects in consultation with a multi-jurisdictional consultation panel to be established for the Fund that will be comprised of federal and state fish and wildlife trustee agencies. NFWF will also consult with other agencies in accordance with applicable plea agreements. The Fund is anticipated to be augmented by investment earnings, and any additional funds received from criminal prosecutions or private and public donations.
“The Fund provides a way for criminal polluters to help protect the environment in the communities where they committed their crimes. The creation of this Fund now offers long term funding for addressing environmental concerns throughout the Bay Area” said U.S. Attorney Melinda Haag.
The prosecutions that led to the creation of the Fund include not only the U.S. Attorney’s Office, but the federal agencies that play a critical role in investigating these cases, including, but not limited to, the Environmental Protection Agency Criminal Investigative Division, the United States Coast Guard, the National Oceanic and Atmospheric Administration, and the U.S. Fish & Wildlife Service, and the Federal Bureau of Investigation, along with our state and local counterparts, such as the California Department of Fish & Wildlife.
Friday 24 May 2013
Week in Review – HammondRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
Hammond, Indiana - The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS:
Darmaile Sutton, 29, of East Chicago, Indiana, a defendant in the case US v Briseno et al., pled guilty before Chief Judge Philip Simon to the felony offense of conspiracy to participate in racketeering activity.Sentencing has been set for 8/21/13.This case was the result of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the East Chicago Police Department with assistance from the Gary Police Department, the Hammond Police Department and the Lake County HIDTA.This case is being prosecuted by Assistant United States Attorney David Nozick.
DISPOSITIONS:
Justin Weaver, 20, of Hammond, Indiana, a defendant in the case US v Briseno et al., was sentenced by Chief Judge Philip Simon to 63 months imprisonment and 2 years of supervised release after pleading guilty to the felony offense of conspiracy to commit racketeering activity.According to documents filed by the government in this case, Weaver possessed a gun, and shot three rival gang members, in furtherance of the gang activity and drug sales of the Imperial Gangsters. This case was the result of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the East Chicago Police Department with assistance from the Gary Police Department, the Hammond Police Department and the Lake County HIDTA.This case was prosecuted by Assistant United States Attorney David Nozick.
Earkle Tyler, 36, of Hammond, Indiana, was sentenced by Senior District Judge James Moody to 87 months imprisonment and 3 years of supervised release after pleading guilty to the felony offense of distribution of cocaine base.According to documents filed by the government in this case, after a controlled buy, a federal search warrant was executed at Tyler’s residence. Investigators recovered a small amount of crack cocaine and items indicative of drug distribution (cutting agent, plastic baggies for packaging, digital scales, approximately $3,000 U.S. Currency).This case was the result of an investigation by the Federal Bureau of Investigation GRIT Task Force.This case was prosecuted by Assistant United States Attorney Jennifer Chang Adiga.
Aaron Sokolowski, 27, of Hobart, Indiana, was sentenced by Senior District Judge James Moody to 3 years of supervised release to include 18 months of home detention after pleading guilty to the felony offense of possession with the intent to distribute marijuana.According to documents filed by the government in this case, the Hobart Police Department responded to a shooting at the Sokowloski’s residence. The shooting was a result of one of his drug customers carrying a firearm to a drug deal. Sokolowski admitted to selling approximately a half a pound of marijuana a week for three to four years, making $500 to $1000 a week from the sales and, on at least one occasion, driving with his source of supply with approximately sixteen (16) pounds of marijuana and $55,000 in the vehicle. This case was the result of an investigation by the Drug Enforcement Administration.This case was prosecuted by Assistant United States Attorney Joshua Kolar.
Christopher Cannon, 45, of Gary, Indiana, was sentenced by District Judge Joseph Van Bokkelen to 30 months imprisonment, 3 years of supervised release and $14,000.00 in restitution after being found guilty at trial of the felony offense of mail fraud by filing an insurance claim with Farmers Insurance Company after the destruction of his insured residence to obtain settlement money for living expenses to be paid to cover rent based on false information, including the name of the landlord, the address of the rental location and the amount of money charged.According to documents filed by the government in this case, Cannon has four felony convictions and over ten other significant convictions prior to being charged in this case. This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Randall Stewart.
Elias Gaytan, 38, of San Antonio, Texas, was sentenced by Senior District Judge James Moody to 41 months imprisonment and 2 years of supervised release after pleading guilty to the felony offense of possession with the intent to distribute marijuana.This case was the result of an investigation by the Drug Enforcement Administration HIDTA Task Force.This case was prosecuted by Assistant United States Attorney Jacqueline Jacobs.
Week in Review – Fort WayneRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
Fort Wayne, Indiana—The United States Attorney’s Office announced the following activity in Federal Court:
PLEA:
Donald Smith, 32, of Fort Wayne, Indiana, pled guilty before Magistrate Judge Roger Cosbey to the felony offense of possession of a firearm by a convicted felon.Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 10 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITION:
Kenneth Schambers, 36, of Butler, Indiana, was sentenced by District Judge Theresa Springmann to 98 months imprisonment and 2 years of supervised release after pleading guilty to the felony offense of possession of a firearm by a convicted felon.According to documents filed in this case, Schambers has a significant criminal history, including a wide range of offenses for theft, resisting law enforcement, possession of drug paraphernalia, possession of a controlled substance, and breaking and entering. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department.This case was prosecuted by Assistant United States Attorney Tina Nommay.
Waterbury Man Sentenced to 15 Years in Federal Prison for Role in Killingworth Bank RobberyRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that DARIO PABEY, 32, of Waterbury, was sentenced today by United States District Judge Janet C. Hall in New Haven to 180 months of imprisonment, followed by three years of supervised release, for his role in the August 2012 robbery of TD Bank in Killingworth.
According to court documents and statements made in court, in the afternoon of August 6, 2012, Jennifer Jacques drove PABEY and Marcus Dwyer to the TD Bank on Route 81 in Killingworth. PABEY and Dwyer then entered the bank wearing masks and demanded that everyone lie on the floor. Dwyer pointed a gun at bank employees and customers and then jumped over the teller door and ordered the employees to open the vault. He accompanied the employees to the vault while PABEY controlled the lobby area. PABEY used zip ties to tie the hands of one bank employee and demanded that the customers give him their wallets, mobile phones and car keys. As PABEY was starting to restrain a second person with zip ties, Dwyer ran past him with a bag of money that he had taken from the vault. PABEY followed and grabbed a patron who had surrendered his car keys to him and forced him out of the bank. Dwyer and PABEY fled in the customer’s vehicle, which was abandoned a short distance from the bank at a pre-planned location where Jacques was waiting. Jacques then drove PABEY and Dwyer away from the bank while they changed out of the clothes they had worn during the robbery.
The investigation revealed that $43,573 was stolen from the bank and its patrons during the robbery.
PABEY has been detained since his arrest on September 7, 2012. On February 25, 2013, he pleaded guilty to one count of bank robbery.
Dwyer and Jacques have pleaded guilty and await sentencing.
This matter has been investigated by the Federal Bureau of Investigation and the Connecticut State Police. The case is being prosecuted by Assistant United States Attorneys Ray Miller and Sarala Nagala.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Wakpala Woman Pleads Guilty to Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Adrienne Kills Small, age 36, of Wakpala, South Dakota appeared before U.S. District Judge Charles B. Kornmann on May 20, 2013 and pled guilty to Count II of an Indictment that charged her with Assault Resulting in Serious Bodily Injury.
The charge carries a maximum penalty of 10 years’ custody, a $250,000 fine or both, and a period of supervised release of 3 years. There is also a $100 assessment to the Federal Crime Victims Fund and restitution may also be ordered.
The conviction stems from an incident on January 20, 2013 when Kills Small was home socializing with the victim, among others. Kills Small and the victim had previously been in a dating relationship and have two children together. A fight broke out between the victim and Kills Small’s current boyfriend and Kills Small grabbed a knife and stabbed the victim multiple times. As a result of the assault, the victim sustained serious bodily injury.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. The case is being prosecuted by Assistant U.S. Attorney Troy R. Morley.
A presentence investigation was ordered, and a sentencing date was set for August 19, 2013. The Defendant was remanded to the custody of the U.S. Marshal pending sentencing.
VIPD Officer Angelo Hill Arrested for Drug TraffickingRead the Press Release
St. Thomas, USVI – Virgin Islands Police officer Angelo Hill was arrested Friday by federal agents and
charged with conspiracy to possess with intent to distribute cocaine as part of the investigation of Roberto
Tapia, Director of the Virgin Islands Department of Planning and Natural Resources (DPNR) Division of
Environmental Enforcement.The arrest was announced by United States Attorney for the District of the Virgin Islands Ronald
W. Sharpe; U.S. Drug Enforcement Administration (DEA) Special Agent-in-Charge Vito Guarino;
Federal Bureau of Investigation (FBI) Special Agent in Charge Carlos Cases; Internal Revenue Service
Criminal Investigation Division (IRS-CI) Acting Special Agent-in-Charge Michael J. DePalma; United
States Marshal for the District of the Virgin Islands Cheryl Jacobs; Virgin Islands Police Commissioner
Rodney Querrard; U.S. Department of Homeland Security, Homeland Security Investigations (HSI)
Acting Special Agent-in-Charge Angel Melendez; U.S. Customs and Border Protection (CBP) Special
Agent-in-Charge Marcelino Borges; United States Coast Guard Captain Drew Pearson; the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent-in-Charge Hugo Barrera; Virgin Islands
Territorial Emergency Management Agency (VITEMA) Fusion Center Director Wayne Bryan; and Virgin Islands Office of Inspector General Steven van Beverhoudt.Hill made his initial appearance in District Court today on St. Thomas before U.S. Magistrate
Judge Ruth Miller, and was ordered held without bail pending a detention hearing May 28. Tapia was
arrested May 17, and two other defendants were arrested May 18 as part of the drug conspiracy
investigation.If convicted, Hill faces a statutory minimum penalty of 10 years in prison. This case is being
prosecuted by Assistant United States Attorneys Kim R. Lindquist and Kelly B. Lake, and is being
investigated by the DEA, FBI, U.S. Marshals Service, IRS-CI, VIPD, HSI, CBP, U.S. Coast Guard, ATF,
and the Public Corruption Task Force.The public is reminded that a criminal complaint is merely a charging document and is not
evidence of guilt. A defendant is presumed innocent until and unless proven guilty.U.S. Court of Appeals Upholds Ciavarella’s Conviction and SentenceRead the Press Release
A three member panel of the United States Third Circuit Court of Appeals in Philadelphia has unanimously upheld the conviction and 28 year sentence of the former state court judge Mark Ciavarella.
Ciavarella was found guilty after an 11 day jury trial in February 2011. In August 2011 Senior U.S. District Court Judge Edwin M. Kosik sentenced Ciavarella to 336 months (28 years)imprisonment and ordered restitution be paid in the amount of $965,930 to the Commonwealth of Pennsylvania and $207,861 in restitution related to the tax charges. The Court of Appeals ruling agreed with the Government’s position in the appeal and upheld all of the charges on which Ciavarella was convicted with the exception of one mail fraud count.
The Court of Appeals found that one count of the Indictment should be dismissed because the statute of limitation had run on the offense. However, the Court rejected Ciavarella’s attorneys’ arguments that the trial judge was biased, had made incorrect rulings on evidence and had imposed an unreasonable sentence.
According to United States Attorney Peter J. Smith the dismissal of the count has no effect on the sentence, restitution or the trial jury’s findings that Ciavarella was guilty of racketeering, conspiracy and mail fraud.
Mr. Smith expressed his thanks to the investigators and prosecutors in the case. He praised Senior Litigation Counsel Gordon Zubrod, who argued the case for the Government on appeal and led the Government’s trial team, as well as the work of the team and the staff of the Scranton FBI and IRS offices. Smith said all of them did a tremendous job despite complex and challenging legal and factual issues. He noted that they carried out this project for over five years during the administration of three United States Attorneys.
Ciavarella and his co-defendant, Michael Conahan, who also served as President Judge of the Court of Common Pleas of Luzerne County, were initially charged in January 2009. The charges were the result of a federal investigation of alleged corruption in the Luzerne County court system. The inquiry began in 2007 and expanded to include county government offices, state legislators, school districts and contractors in Northeastern Pennsylvania. Conahan pleaded guilty to racketeering conspiracy in April 2010 and is serving a 17 year sentence.
The case was investigated by the agents of the Internal Revenue Service, Criminal Investigations and Federal Bureau of Investigation's Scranton office. Overall, 30 local or state government officials and contractors were convicted.
The judicial scandal, described as the worst in Pennsylvania's history, and the federal prosecutions have had major consequences: Ciavarella and Conahan resigned from the bench in 2009. The Supreme Court of Pennsylvania vacated thousands of juvenile convictions in Luzerne County as a result of Ciavarella's conduct as a Juvenile Court Judge. A State Interbranch Commission on Juvenile Justice recommended changes aimed at safeguarding the constitutional rights of juveniles and improving the oversight and disciplinary process for judges in Pennsylvania. In June 2011, a committee of the American Bar Association reviewed and made recommendations to improve procedures in the state's Judicial Conduct Board. A procedure was established in Luzerne County for compensation of victims of the activities of Ciavarella and Conahan.
The prosecution was conducted by a team consisting of Senor Litigation Counsel Gordon Zubrod, Assistant United States Attorneys William S. Houser, Michael A. Consiglio, and Amy Phillips, with the assistance of Criminal Division Chief Christian A. Fisanick and Criminal Appeal Chief Stephen Cerutti.
The federal investigation, the largest and the most sustained political corruption inquiry in the history of the Middle District of Pennsylvania, was initiated under the direction of Former United States Attorney Martin C. Carlson, now a United States Magistrate Judge in the Middle District, and continued under Dennis C. Pfannenschmidt, who succeeded Carlson as court-appointed United States Attorney in 2009.
Ciavarella and Conahan were originally charged with honest services mail and wire fraud and tax fraud in connection with the use of privately owned juvenile detention facilities. Both defendants agreed to plead guilty. In July 2009, Judge Kosik rejected the proposed plea agreements because the defendants did not appear to accept responsibility for their conduct.
In September 2009 and September 2010, a Grand Jury returned superseding indictments charging both defendants with racketeering, honest services mail fraud, money laundering, extortion, bribery, tax violations and conspiracy. The government also sought the forfeiture of approximately $2.8 million in assets allegedly acquired by the defendants through racketeering and money laundering. In response to the United States Supreme Court's 2010 decision in United States v. Skilling, the 2010 Indictment specifically charged that bribes and kickbacks were paid to the defendants.
After an 11 day trial in Scranton in February 2011, a jury found Ciavarella guilty on 12 of 39 counts: racketeering, racketeering conspiracy, money laundering conspiracy, conspiracy to defraud the United States, four counts of honest services mail fraud and four counts of filing false income tax returns. The jury also found that Ciavarella should forfeit $997,600, the sum he received from Robert Mericle, the developer who built the juvenile detention facilities.
U.S. Attorney Ortiz Delivers Commencement Address at New England Law BostonRead the Press Release
Thank you, Chairman Foster. Good morning Dean O’Brien, distinguished faculty, trustees, proud parents and family, friends, and esteemed graduates of the Class of 2013! Congratulations!
I can’t tell you how delighted I am to be here celebrating this very special achievement with you. Make no mistake about it, what you have accomplished during your years at New England Law Boston is truly remarkable.
Before I begin I would like to thank Dean O’Brien for inviting me, once again, to attend New England Law Boston’s commencement ceremony and for affording me the privilege of addressing the graduates. Last year, I was flattered and touched to receive an honorary doctor of laws degree, and I must say it is wonderful to be back in the company of such driven and promising students.
On a personal note, I also want to recognize and give regards to a dear friend who is graduating today, Erin Fitzgerald, my executive assistant’s lovely niece; and two paralegals that have been working in my office while attending school: Merrilee O’Coin and Laura Vaughn. You finally did it! Congrats!
I would also like to take a moment to acknowledge the many family members and friends in the audience. As a parent myself, I know the tremendous sense of pride that you all feel today to see your own son or daughter dressed in cap and gown. And I hope you feel a shared sense of accomplishment because you paved their path with your unyielding love and support.
I often speak at events across the Commonwealth, but nothing quite compares to addressing a group of graduates – and law graduates nonetheless.
For me, the opportunity to speak to the future leaders of the legal community provides for the rare occasion to reflect on the path I’ve traveled and to evaluate the choices I’ve made that led me here today. While preparing my remarks, I reflected on my own law school graduation. I was full of anticipation about where my path in life would take me next.
The truth is that time and again, my path led to public service. I began my legal career working at the Department of Justice, where I met another young attorney, Eric Holder – and from what I gather, he’s done pretty well for himself there! It was the ‘80s. It was a time when some cities and towns across the country were transformed by heroin and crack; ruled by gangs and corrupt cops.
It was a time when crime rates were at an all-time high and a time when leaders in the government and communities across the country reevaluated the approach to policing and implemented policies and programs to reduce murder rates and smother the proliferation of illegal drugs. The campaign proved successful and restored peace to cities nationwide.
But those were the early years of my career. Today, we face a new set of priorities: immigration reform, gun control, criminal justice reform, and national security, just to name a few. Imagine what challenges you will confront during the course of your career…as you begin to determine what role you might play in formulating the future of justice.
As a young Hispanic girl growing up in the housing projects of Spanish Harlem, I could never have imagined that one day I would be delivering a commencement address. All I was sure of was that I yearned to be a lawyer.
I was one of those kids who knew what she wanted. All through adolescence, I was driven by a desire to “perform” in court and before a jury. Perhaps that stems from my early years watching Perry Mason on television, or from my earliest aspirations of being an actress – a dream that was quickly squashed when I came to terms with the fact that I really couldn’t act and I had a singing voice that left much to be desired!
Instead, I threw myself into my studies. I worked hard in high school to get into college and then twice as hard in college to get into law school. You see, I was the first one in my family to go to college, and the only one who went on to earn a graduate degree. My parents taught me that if I wanted to accomplish my dreams, I had to work hard and focus on education. I am sure many of you received that same message from your own support system.
It was with that in mind that I launched my career, first at DOJ in Washington, then as a prosecutor at the Middlesex DA’s Office before I joined a small firm as a defense attorney.
My life was certainly going according to plan. I was an eager young attorney honing my skills; I was a wife and a new mother to two young girls. I had reached a point in my life when I was on top of the world – I thought I had it all. But there are some things in life that you simply can’t predict. Never could I have prepared myself for my husband’s cancer diagnosis. Together we battled the horrific disease for eight years, until it took his life 13 years ago.
Suddenly, the once solid ground beneath me disappeared and I was left devastated, wondering which direction was up.
Slowly, I began to pick up the pieces. I was fortunate to be surrounded by family, friends and colleagues who believed in me. I learned – what was a difficult lesson to learn for a woman who prided herself on her independence and confidence – that it’s okay to ask for help. Over the years, I have come to believe that asking for help is a sign of strength, not weakness.
In navigating my personal and professional life, I encountered numerous ups and downs, but I never gave up on what I wanted to achieve, despite life’s hardships or setbacks. Four years ago, I was a prosecutor at the US Attorney’s Office and my once-little girls were blossoming into young, independent women who were ready to leave home and endeavor along their own path.
Although I was incredibly satisfied with the varied professional experiences I had enjoyed during my career, I craved another professional challenge. I knew that my desire to serve the public was still not fulfilled and so I sought the position of U.S. Attorney when it became available under the Obama Administration.
Over the course of my life, I’ve learned some very important principles, which I have turned to time and again as I’ve navigated through exciting times and difficult times – and especially now as United States Attorney.
As your commencement speaker, I believe it is my duty to impart some advice to you all today. While I’m still finding my own way, I can say with certainty that your life will follow paths planned and unplanned. During the course of your career, you will encounter numerous choices and challenges. I encourage you to take the path of most resistance – do what challenges you. That’s what you’ll learn the most from. And that’s the job that will give you the most satisfaction when you master it.
Don’t forget that as you go forth you are forging your career…building a reputation and a record of who you are and how you work. Make sure that over time, you don’t just have a job, but you build a career and a life of contribution that makes you proud.
As attorneys, you are endowed with certain responsibilities and each of you must be prepared to use the knowledge you’ve attained to aid your fellow citizens, to lead others faithfully, and – above all else – to serve justice.
I realize that this is a tremendous obligation. But I also believe that your presence here today proves you’re qualified and ready. In fact, I believe many of you have already begun serving those commitments by taking advantage of New England Law Boston’s strong community ties and commitment to public service.
I know several students sitting here today have already stepped in to tackle broad policy issues that emerge in our own backyard. One program, overseen by Professor Haynes through the Center for Law and Social Responsibility, trained 40 students in a novel area of immigration law, known as Deferred Action for Childhood Arrivals. This policy was signed into effect last fall and allows undocumented young people to apply for immigration relief. For the million-plus young people that have been in this country since they were children, this policy is life-changing. It means they can step out from the shadows, attend school and work without fear of deportation.
Forty students, including two graduates here today – Blaire Patrick and Erica Miller – partnered with attorneys from Greater Boston Legal Services and Catholic Charities to assist hundreds of applicants file the required forms. And since this is the Government we’re talking about, you can be sure there were a lot of forms! But this was more than just paperwork; it took an incredible amount of sensitivity to gain the trust of the young applicants who were taking a risk by making their presence known to the Department of Homeland Security.
Clearly, there is much more to be done to redress the issues embroiled in U.S. immigration policy. But this country was founded on the dreams of immigrants. Many of us are here today because our ancestors came to this land in search of a better life for themselves and future generations…for each of us.
Blaire and Erica have already contributed to a small part of the greater dialogue of immigration reform…and we look forward to hearing more from them in the future!
Another issue on the forefront is the epidemic of gun violence and the number of mass shootings that have impacted the safety of communities across the country.
We were shocked to watch the horrific footage of a public event with a Congresswoman in Tucson, a movie theatre in Colorado, a Sikh temple in Wisconsin, and an elementary school in Newtown. These atrocities are compounded by the countless gun-related tragedies that wreak havoc on our streets each and every day.
Our nation is in the midst of an epidemic of gun violence that steals the future of too many young people and destroys peace in our neighborhoods. Every life cut short by a bullet is an outrage…is…so unnecessary.
When affirming his determination to address gun violence, the President said, “If there is even one thing we can do to reduce this violence – if there’s just one life that can be saved – then we’ve got an obligation to try.”
And the majority of Americans agree with him. Ninety percent support universal background checks that make it harder for a dangerous person to buy a gun. Although the first attempt at bipartisan legislation to make our background check system stronger failed, we are going to keep doing everything in our power to protect citizens from gun violence because its impact on our nation has been far too severe.
This isn’t about party politics or influential lobbying groups. This is about a robust, national discourse in which citizens direct their elected leaders.
As you’ve learned here at New England Law Boston, few serious questions – of law or policy – can be satisfied with straightforward, one-size-fits-all solutions.
That lesson is the take-away for one of today’s graduates, Ben Jones, who helped to organize a criminal justice project involving criminal offender record information, or CORI.
The project, developed by Professor Siegel, assisted indigent persons in sealing their old criminal records that would otherwise prevent them from acquiring housing, employment, and insurance, for example, after serving their time in debt to society. More than 60 students participated in this effort to help applicants with CORI-related matters.
This project gave students invaluable experience working with clients, preparing affidavits, and conducting intake at court. Additionally, it provided students an opportunity to engage in critical components of the criminal justice system: helping individuals who had served their time to take advantage of their second chance to lead a lawful life. This is an aspect of the criminal justice system that often goes unrecognized and under-appreciated.
These students, as well as many others here, have shown their genuine commitment to public service.
I am proud to consider myself a public servant. Each day, I have the privilege of working alongside the most talented, devoted law enforcement officials in this country, and that was most evident during the weeks following the horrible events surrounding the Marathon bombing – a day that is typically reserved for celebration of our Patriotic heritage.
On that day, two bombs exploded near the finish line of the Boston Marathon. On that day, this city was shaken to its core.
But Boston did not falter – it stood tall, it stood…strong. First responders and regular citizens alike sprang into action in the moments following the first explosion; the tireless effort of all – from my colleagues leading the investigation to the agents and police on the streets combing through Watertown block-by-block – culminated in the apprehension of one living suspect. It was a night of celebration in the streets of Boston. And for myself and my colleagues, it was the first full night of relief after a nerve-wracking and challenging week.
Boston, knowing no other way, has rallied around the victims, has thanked the agents and officers that worked around the clock, and has come together stronger than ever before.
As I noted before, you never know what life will throw at you. Never could I have imagined – 20 years ago, five years ago, even three months ago – that I would confront such a horrific act in my city during the course of my legal career.
Soon, each of you will fan out across Massachusetts and around the country seeking to make your mark, blaze new trails and confront the unprecedented challenges of tomorrow. Remember – as you strive to achieve success, in whichever way you define it, don’t forget to give back to your community. As Sir Winston Churchill once said, “We make a living by what we get, but we make a life by what we give.”
So let me be the first to officially welcome you into a profession that will provide countless opportunities for you to hone your skills, channel your passions, take some risks, and improve the world we share.
That is your mission, Class of 2013, and your responsibility. Based on the distinguished reputation of New England Law Boston, the commitment of your faculty and leadership, and the graduates that came before you, I have uncompromising faith that you’re going to make major contributions and I salute you.
Congratulations and thank you for allowing me to share this moment!
Two Women Sentenced to Prison Terms for Their Roles in $1.3 Million Mortgage Fraud-Defendants Among Five People Convicted in Related Schemes-Read the Press Release
WASHINGTON – Orpel Tucker, 44, of Washington, D.C., and Tania Firmani, 46, of Brooms Island, Md., have been sentenced to prison terms for their roles in a mortgage fraud scheme which cost mortgage lenders more than $1.3 million.
Tucker was sentenced on May 16, 2013 to a 37-month prison term and Firmani was sentenced today to 15 months of incarceration. Both appeared before the Honorable Reggie B. Walton in the U.S. District Court for the District of Columbia.
The sentences were announced by U.S. Attorney Ronald C. Machen Jr., Gary R. Barksdale, Inspector in Charge, Washington Division, U.S. Postal Inspection Service; Joseph W. Clarke, Special Agent in Charge of the Office of Inspector General of the U.S. Department of Housing and Urban Development; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and William P. White, Commissioner of the District of Columbia Department of Insurance, Securities and Banking.
Tucker pled guilty in October 2010 to two charges: conspiracy to commit bank and mail fraud, and wire fraud. In addition to the prison term, Judge Walton ordered her to pay more than $1.3 million in restitution. He also signed a forfeiture order in the amount of $1.3 million. Upon completion of her prison term, Tucker will be placed on three years of supervised release.
Firmani pled guilty in July 2010 to conspiracy to commit bank and mail fraud. In addition to the prison term, Judge Walton ordered her to pay more than $1.3 million in restitution. Upon completion of her prison term, Firmani will be placed on three years of supervised release.
According to the statements of offense signed at the plea hearings, from September 2005 to April 2008, Tucker and Firmani, with the assistance of others, defrauded banks and other lenders of money through false statements and misrepresentations.
Tucker, Firmani, and others used about 20 residential real estate transactions to fraudulently obtain mortgage loans of over $7.5 million. Loan documents in support of these mortgages listed false employers and false salaries for the buyers, exaggerated the assets available to the buyers to pay back the loans and make cash contributions, and incorrectly listed the buyers’ intent to occupy the houses. The appraisals misrepresented the conditions of the homes, greatly enhancing the appraised prices, and by doing so, raising the amount of loans which the lenders were willing to extend.
During the settlement of the sales transactions, thousands of lender dollars were siphoned off through fake “renovation” invoices and misrepresentations on the settlement documents. Through this process, Tucker fraudulently obtained approximately $1.1 million, even though she was not the seller on any of the properties. Tucker used some of this money to pay for the assistance of others in the conspiracy, to share with a co-conspirator who brought her into the scheme, and to pay for bogus “down payments” for the buyers.
After closing, the co-conspirators failed to pay the mortgages on many of the properties. The lenders were forced to foreclose and resell the properties at a loss of over $1.3 million.
Firmani acted as the settlement agent in most of these transactions. She also assisted others in their mortgage schemes, including Akinola George, who was sentenced to 40 months in prison, and LaFrances Dudley O’Neal, who is pending sentencing after a jury trial.
George, 44, of Washington, D.C., pled guilty to conspiracy to commit bank fraud and mail fraud. George was involved in 22 property sales and foreclosures cost those mortgage lenders $2 million. O’Neal, 49, of Clinton, Md., was found guilty by a jury of conspiracy and bank fraud charges. She was involved with seven real estate properties, with fraudulently obtained mortgages, all of which fell into foreclosure with a loss in excess of $950,000.
Another defendant, Donald Ramsey, 46, of Alexandria, Va., pled guilty to conspiracy to commit mail and bank fraud and is to be sentenced Aug. 2, 2013.He acted as a loan broker for O’Neal for some of her seven properties.
In announcing the sentences, U.S. Attorney Machen, Inspector in Charge Barksdale, Special Agent in Charge Clarke, Assistant Director in Charge Parlave and Commissioner White praised those who worked on the case from the U.S. Postal Inspection Service, U.S. Department of Housing and Urban Development - Office of Inspector General, the FBI’s Washington Field Office, the District of Columbia Department of Insurance, Securities, and Banking, and the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including: Forensic Accountant Crystal Boodoo; Paralegal Specialists Donna Galindo, Diane Hayes, Shanna Hays; former Paralegal Specialist Sarah Reis, and Assistant U.S. Attorney Diane Lucas in the Asset Forfeiture Section. Finally, he acknowledged the work of Assistant U.S. Attorney Virginia Cheatham, who investigated and prosecuted the cases.
13-183Two Men Found Guilty of Armed Robbery and Other Charges for Series of Attacks on Metro Passengers-Three Attacks Took Place Within One-Week Period-Read the Press Release
WASHINGTON – Alazajuan Gray, 20, and Clifton Smith, 21, have been found guilty of armed robbery and other charges stemming from a series of attacks, including three separate incidents against Metrorail passengers, U.S. Attorney Ronald C. Machen Jr. announced today.
Gray, of Washington, D.C., and Smith, of Oxon Hill, Md., were found guilty by a jury on May 23, 2013 of armed robbery, robbery, obstruction of justice, threats, contempt of court, carrying a dangerous weapon and other charges. The verdicts followed a two-week trial in the Superior Court of the District of Columbia. The Honorable Herbert B. Dixon, Jr. scheduled sentencing for July 23, 2013. The defendants face a statutory maximum of 33 years in prison for armed robbery and additional time for the other offenses.
According to the government’s evidence, on Sept. 21, 2012, at about 11:30 p.m., Gray and Smith approached several college students who had recently moved to Washington, D.C. As these college students, including the victim, were on a Metrorail train at the Fort Totten station. Gray, who was armed with a handgun, took the victim’s iPhone and money. Smith encouraged Gray to take the victim’s property. The victim did not report the crime at the time; Smith told him not to “snitch” and tell the police or he would be harmed.
One week later, on Sept. 28, 2012, at 8:30 p.m. the victim, who was returning home from his part-time job he used to pay for community college, was at the Fort Totten Metro station and again encountered Gray and Smith. Gray approached him and flashed a gun. Gray and Smith chased the victim into the station’s kiosk. While inside the kiosk, Smith demanded if he was “snitching” and then assaulted the victim. Gray and Smith fled, but soon were caught by police.
Neither the gun nor the victim’s iPhone were found on either of the defendants. However, police found an iPhone near the location where Smith was stopped that night by the Metro Transit Police. The iPhone was linked to a separate Sept. 28, 2012 robbery. That robbery occurred at 7:30 p.m. on a Metrorail train at the Gallery Place/Chinatown station. In that incident, Gray grabbed an iPhone from a woman who had also recently moved to Washington, D.C. She was studying her graduate school homework as the train arrived at the station. After Gray snatched the iPhone, Smith then blocked the victim’s attempt to chase after Gray.
Cellular tower evidence placed Gray’s cell phone at the scene of the first armed robbery.
In announcing the verdicts, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department. He also expressed appreciation to the Metro Transit Police and the FBI for assisting in the investigation. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Todd McClelland, Lynette Briggs, Lynda Randolph, and Kendrell Smith; Litigation Technology Specialists Anisha Bhatia, Thomas Royal, Will Henderson, Josh Ellen, Paul Howell, Claudia Gutierrez, and Leif Hickling; Victim/Witness Advocates Jennifer Clark and James Brennan, and Assistant U.S. Attorney’s Suzanne Curt and Chrisellen Kolb, Deputy Chiefs of the Appellate Division. Finally, he thanked Assistant U.S. Attorney Phil Selden, of the Felony Major Crimes Section, who is prosecuting the matter.
13-184Two Members of the So-Called ‘Sovereign Citizen’ Movement Sentenced to Long Prison TermsRead the Press Release
Two men, who previously resided in Pierce County, Washington were sentenced today in U.S. District Court in Tacoma for their illegal actions associated with a militant anti-government group, announced U.S. Attorney Jenny A. Durkan. KENNETH WAYNE LEAMING, 57, of Spanaway, Washington, was sentenced to eight years in prison for three counts of filing false liens against federal officials, and one count of harboring federal fugitives and being a felon in possession of firearms. His co-conspirator, former Tacoma resident DAVID CARROLL STEPHENSON, 57, was sentenced to 10 years in prison for a single count of filing false liens against a federal official. STEPHENSON is already serving an eight year prison sentence for tax fraud. Both men were convicted at trial in March 2013. At sentencing U.S. District Judge Ronald B. Leighton said Leaming had earned “every day” of the prison term. Leaming “flaunts authority, he harasses law abiding people who have an obligation to the people to serve.”
Judge Leighton imposed a ten year sentence, above the guidelines range, on STEPHENSON saying he, “cannot, will not live his life without doing harm to others. He is the master manipulator, the puppeteer... He is in my mind a very dangerous man.”
“These defendants tried to mask their crimes with the cloak of free speech and beliefs,” said U.S. Attorney Jenny A. Durkan. “They thought they were immune from the law or the justice system, but now their frauds aimed at taxpayers and public servants need to come to an end. A lengthy prison term is the best way to protect the public from their schemes.”
When investigators served a search warrant at LEAMING’s Spanaway home on November 21, 2011, they found six firearms. LEAMING was prohibited from possessing firearms because of a prior felony conviction of operating an aircraft without a pilot’s license. Additionally, investigators determined that two wanted federal fugitives from Arkansas had been living with LEAMING in his home. Finally, the search revealed that LEAMING and STEPHENSON, who was an inmate at the time in an Arizona federal prison, had been conspiring to file liens against various federal officials including the Arizona prison warden and the head of the Federal Bureau of Prisons.
The men identify themselves as members of the ‘Sovereign Citizen’ movement. ‘Sovereign Citizens’ profess a belief that both state and federal government entities are illegitimate. Members of this group often engaged in so-called “freedom driving,” i.e., driving about without state-required licenses, either for their vehicles or themselves. When contacted by local law enforcement, members of the group often bombard local officials (from the officer, to local judges, to mayors and other members of local government) with frivolous liens, false claims, and sometimes threats of violence. Many members of this same group had previously come to the attention of federal law enforcement for engaging in various fraudulent tax schemes, wire fraud schemes, and (occasionally) inappropriate communications with various members of federal law enforcement and the judiciary.
In asking for a ten year sentence for both men, prosecutors wrote to the court that only a long prison term would protect the public. About STEPHENSON they wrote, “This is not the case of a defendant who continues to run afoul of the law because of a substance abuse addiction or a history of childhood abuse. Rather, this is a defendant who simply chooses to remain defiant, despite court after court telling him that he must stop, and despite multiple stints in prison. At this point, removal from society is the only way in which the public can be kept safe from the defendant’s crimes.”
As for LEAMING, prosecutors provided information to the court about his repeatedly holding himself out to victims as a lawyer who could solve their problems, when in fact his actions may have damaged their case. About the crimes from the March 2013 conviction prosecutors wrote: “Defendant’s possession of firearms is particularly disturbing in light of several facts. First is obviously his disdain for government. Second is his possession of various items of police equipment, including numerous badges, light bars, and a Crown Victoria sedan modified to appear to be a police vehicle. Last but not least is Defendant’s repeated invocation of the shooting of government officials in Southern California by a disgruntled former police officer - which again appeared to be a veiled threat to engage in violence himself if he is prevented from pursuing his “‘petitions for redress,’” prosecutors wrote in their sentencing memo.
Two other defendants active in the Sovereign Citizen movement have already been sentenced to prison for their criminal conduct. David Russell Myrland was sentenced in 2011 to 40 months in prison for making threats against elected officials in Kirkland, Washington. And in 2012 Timothy Garrison was sentenced to 42 months in prison for assisting in the filing of false tax returns.
The cases were investigated by the FBI, the Internal Revenue Service Criminal Investigation (IRS-CI), ATF, the Federal Protective Service and the U.S. Marshal Service.
The case was prosecuted by Assistant United States Attorneys Vince Lombardi and Thomas Woods.
Two Leaders of “Show Out” Crew SentencedRead the Press Release
To More Than 10 Years in Prison for Series of Assaults
Four Others Earlier Sentenced; Group Targeted Victims in Chinatown and Other AreasWASHINGTON – Two leaders of a violent crew, both from Washington, D.C., were sentenced today to prison terms on charges stemming from various gang-related crimes, including beatings, attempted robberies, and obstructing justice, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Bernard Trowell, also known as “McLovin,” and Deandre M. Williams, both 19, were among six men who pled guilty in February 2013, in the Superior Court of the District of Columbia, to actively participating in a crew called “Show Out” that committed crimes in areas including Chinatown, Metro Center, NoMa, Bloomingdale, and Woodley Park. Since at least Jan. 1, 2012, the crew’s members canvassed the areas looking for targets of opportunity and teamed up to assault their victims, rob them of items of value, or both. They pursued people they thought were vulnerable to their surprise attacks, including people traveling alone to or from work, homeless people, and people distracted by their cellphones.
The crew also was accused of engaging in “flash mob” style robberies at drug stores, convenience stores, and gas stations, in which multiple members flooded in to the business at the same time, overwhelming and intimidating the staff, and stealing items.
The Honorable Lynn Leibovitz, who sentenced the defendants, said that the crew committed “violence for the sake of violence.”
Trowell was sentenced to 12 years in prison on one count each of conspiracy, aggravated assault, and committing a crime while affiliated with a criminal street gang.
Williams was sentenced to 11 years and four months in prison on one count each of aggravated assault, assault with significant bodily injury, obstructing justice, and committing a crime while affiliated with a criminal street gang.Upon completion of their prison terms, both defendants will be placed on three years of supervised release.
Judge Leibovitz sentenced the other four defendants on May 10, 2013. They included Quayshawn L. Leggett, 20, who also had a senior position in the group; James D. Matheny, 19; Ricardo J. Williams, 20, and Travis L. Morris, 21. All are from Washington, D.C.
Leggett and Matheny were sentenced to nine years in prison. Ricardo Williams was sentenced to 8 ½-years, and Morris was sentenced to six years and eight months in prison on one count each of aggravated assault and committing a crime while affiliated with a criminal street gang. They, too, will be placed on three years of supervised release after their prison terms.
As part of their plea agreements, the defendants, along with Trowell and Deandre Williams, admitted participating in various crimes, including these incidents:
-June 5, 2012: Beating in the 600 block of H Street NW
All six defendants who pled guilty in February admitted taking part in the beating of a man near a bus stop in the 600 block of H Street NW. As the victim approached the bus stop, at about 3:20 a.m., he was surrounded and assaulted. Deandre Williams and a juvenile member of Show Out knocked the man to the ground, and then multiple members punched, kicked and stomped him. Deandre Williams and others stole items from the victim while he was on the ground, including his cellphone and bank card. The victim was knocked unconscious for several minutes. He eventually found a police officer and received medical attention. He was treated later for a concussion, broken nose, and bruises to the head, face and torso.
--June 5, 2012: Beating near 2d and K Streets NW
Crew members targeted a second victim at about 3:45 a.m. The victim was walking to work near 2d and K Streets NW when Deandre Williams approached him and struck him repeatedly about the face and head with his fists. During this attack, Deandre Williams shouted racial slurs at the victim. The victim received medical treatment on the scene and later was given stitches to close a bleeding laceration to the side of his face. Deandre Williams pled guilty to assault with significant bodily injury for his role in this attack.
-June 7, 2012: “Flash Mob” near North Capitol Street and Florida Avenue
Ricardo Williams and several others approached a gas station and convenience store at about 4:20 a.m., in the area of North Capitol Street and Florida Avenue. After the station attendant opened the locked door, Williams and the others overwhelmed and intimidated him. They grabbed food or beverage items and fled without paying. Ricardo Williams pled guilty to attempted robbery for his participation in this attack.
-June 19, 2012: Obstruction of Justice
During the evening hours, Deandre Williams and others approached a former associate at a bus stop in Chinatown and threatened to kill him if he talked to police. Deandre Williams pled guilty to obstruction of justice for this incident.
-June 21, 2012: Attack at Metro Center
Leggett and others were on the lower platform at the Metro Center Metro station when they confronted a man at about 5:20 a.m. Leggett demanded money and threatened the victim. The victim did not give him any money, and one of the individuals punched him in the face, knocking him down. Leggett pled guilty to attempted robbery for his role in this attack.
-July 31-Aug. 1, 2012: Threats to Do Bodily Harm, Obstruction of Justice
Matheny posted audio recordings to his Facebook page, in which he is rapping. In three of them, he accused a Show Out member of “snitching.” The songs carried a threat that this member would be shot “on sight.” Matheny pled guilty to threats to do bodily harm and obstruction of justice for these threats.
As part of the plea agreement, the government dismissed charges against the defendants involving four other violent crimes that were charged in the indictment. The indictment covered a total of 10 violent crimes, nine of which occurred during a three-week period in June 2012.
Two other defendants in the case earlier pled guilty to charges. The investigation into other members of the crew is ongoing.
In announcing the sentences, U.S. Attorney Machen and Chief Lanier praised the work of the officers, detectives and crime scene technicians who worked on the case for the MPD. They also expressed appreciation for the efforts of the Metro Transit Police Department, which assisted in the investigation. Finally, they commended the efforts of those who are handling the case for the U.S. Attorney’s Office, including Assistant U.S. Attorneys Thomas Bednar and Clare Pozos, who are prosecuting the matter.
13-185Two Houma Residents Sentenced for Prison EscapeRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced today that Craig Boudreaux, 34, and Perrine Santoy, 30, both of Houma, La., were sentenced by U.S. District Court Judge Dee D. Drell to six months in prison. Boudreaux was charged with escape from custody and Santoy with accessory after the fact. Each will also serve two years and one year of supervised release.
According to evidence provided at the guilty plea, Boudreaux was incarcerated at the U.S. Penitentiary in Pollock, La., serving a 14-year prison sentence for a drug distribution charge. Boudreaux and Santoy started communicating online on Oct. 6, 2012. Shortly thereafter, Santoy picked Boudreaux up from the Federal Corrections Complex, Pollock Camp on Oct. 24, 2012. The two did not return by the mandated time. Penitentiary staff discovered that Boudreaux was missing and executed search procedures. Boudreaux turned himself in to authorities the next day. Santoy was arrested in December 2012.
Boudreaux and Santoy pleaded guilty on Feb. 7, 2013. Today’s sentence will run consecutive to the time remaining on Boudreaux’s prior term of incarceration. Boudreaux’ two years of supervised release will also run consecutive to the five years of supervised release he received for the drug charge.
The Biloxi Police Department, Rapides Parish Sheriff’s Office, U.S. Marshals, FBI-Alexandria Resident Agency, and the Federal Bureau of Prisons conducted the investigation. Assistant U.S. Attorneys Cytheria D. Jernigan and Robert J. France prosecuted the case.Two Hartford Drug Distributors Sentenced to Federal Prison TermsRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, today announced that two Hartford men involved in the distribution of narcotics were sentenced this week in federal court.
ANTHONY HENRY, also known as “Tone” and “Mack,” 22, was sentenced on Wednesday by Chief U.S. District Judge Alvin W. Thompson in Hartford to 72 months of imprisonment, followed by four years of supervised release. HENRY also was ordered to perform 200 hours community service.
MORRIS HARMON, also known as “Smooth,” 54, was sentenced yesterday by U.S. District Judge Janet C. Hall in New Haven to 60 months of imprisonment, followed by five years of supervised release.
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 Joshua Easterling and Kyshiifa Boyd distributed large quantities of crack cocaine in Hartford’s lower Vine Street area, as well as in other locations in Hartford and East Hartford. HENRY was identified as a source of supply for Easterling. When HENRY was arrested on March 9, 2012, investigators seized approximately 45 bags of heroin and two firearms, a .45 caliber pistol and a.357 revolver, from a locked safe in HENRY’s residence.
The investigation further revealed Jaeqwan Sheppard was involved in the distribution of crack cocaine in the Enfield Street area of Hartford, and that HARMON supplied crack to Sheppard until HARMON’s arrest on January 18, 2012. On that date, a search of HARMON’s Collins Street apartment revealed approximately 98 grams of crack.
HENRY and HARMON each 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, Boyd and Sheppard also have pleaded guilty. On May 1, 2013, Sheppard was sentenced to 108 months of imprisonment. Easterling and Boyd await 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.
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[email protected]Third-party custodian indicted for perjury and making false statements about criminal historyRead the Press Release
Anchorage, Alaska – Acting U.S. Attorney Kevin Feldis announced today that a resident of Montrose, Colorado, was indicted by a federal grand jury in Anchorage on one count of making false statements to the United States and one count of perjury. Both charges are felonies.
According to the indictment, James Paul Hunt, 61, recently applied to be a third-party custodian for his son, who was charged with distribution of child pornography. Hunt submitted a U.S. Probation/Pretrial Services Application for Third-Party Custody, which he signed under penalty of perjury, to the U.S. Probation/ Pretrial Services Office. The application asked whether Hunt had “Ever been cited, arrested, charged with or convicted of any crime.” It is alleged that in response, Hunt knowingly failed to disclose that in 1987, he was charged and pled guilty to Sexual Assault on a Child (Position of Trust) in Colorado.
The indictment further alleges that at a bail hearing for Hunt’s son on November 26, 2012, an Assistant U.S. Attorney questioned Hunt about whether there were “any other instances” or “police contacts” that Hunt had failed to mention on the application to be a third party custodian. Hunt falsely responded and did not disclose the Sexual Assault charge or his guilty plea.Assistant U.S. Attorney Kimberly Sayers-Fay, who presented the case to the grand jury, advised that each of the felony counts carries a maximum sentence of five years’ imprisonment, a $250,000 fine, one year supervised release and a mandatory special assessment of $100 per count.
Homeland Security Investigations conducted the investigation that led to the indictment in this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.Sixth Former Roxbury Correctional Officer Pleads Guilty,Admits Assault of Inmate and Cover-up ConspiracyRead the Press Release
Jeremy McCusker, a former correctional officer at Roxbury Correctional Institution (RCI) in Hagerstown, Md., yesterday pleaded guilty to assaulting an inmate and conspiring with other officers to cover up that assault. McCusker is the sixth former RCI officer to enter a guilty plea in federal court.
According to court documents filed in connection with his guilty plea, McCusker admitted that, during the midnight shift on March 8-9, 2008, he, Lanny Harris, Philip Mayo and two other RCI officers were involved in an assault of an inmate, identified by the initials K.D. McCusker acknowledged that he and other RCI officers assaulted K.D. in order to punish him for striking an officer during a prior shift.
McCusker also admitted that he and other RCI officers discussed how they would cover up their involvement in the assault of K.D. McCusker admitted that he provided false and misleading information to federal and state authorities in an effort to cover up his involvement in the assault.“Mr. McCusker has admitted that he and other correctional officers assaulted an inmate in order to punish him and that they subsequently conspired to cover up their criminal conduct,” said Roy L. Austin Jr., Deputy Assistant Attorney General for the Civil Rights Division. “The Justice Department will continue to vigorously prosecute officers who use their official position to both commit and cover up violations of federal criminal law.”
McCusker faces a statutory maximum penalty of 15 years in prison. Sentencing is set for Aug. 23, 2013, before U.S. District Judge James K. Bredar.
In related cases before Judge Bredar, former RCI Correctional Officers Ryan Lohr, Philip Mayo, Dustin Norris, Walter Steele, and Lanny Harris each has entered a guilty plea. Nine other current or former RCI officers still face federal charges in connection with the alleged assault of K.D.
The investigation by the Frederick Resident Agency of the FBI is ongoing. The case is being prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Sanjay Patel of the Civil Rights Division of the Department of Justice, with the assistance of Michael Cunningham of the U.S. Attorney’s Office for the District of Maryland.
Six Latin King Gang Members Sentenced for RacketeeringRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
Hammond, Indiana—The United States Attorney’s Office announced the following activity in Federal Court:
Six members of the Latin Kings street gang were sentenced before Senior District Judge Rudy Lozano in federal court this week for racketeering conspiracy, announced U.S. Attorney David Capp and Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
Oscar Gonzalez, 23, of Hammond, was sentenced to 240 months imprisonment and, if not deported, 5 years of supervised release after pleading guilty on June 26, 2012 to the felony offense of conspiracy to participate in racketeering activity and conspiracy to possess with the intent to distribute and distribute cocaine and marijuana.
Martin Anaya, 42, of Chicago, was sentenced to 360 months in prison and 5 years of supervised release after a jury returned a guilty verdict on Sept. 25, 2012, to racketeering and drug conspiracies.
Jason Ortiz, 29, of Chicago, was sentenced to serve 300 months in prison and 5 years of supervised release after pleading guilty on July 30, 2010, to racketeering conspiracy.During his guilty plea proceeding, Ortiz acknowledged that on Feb. 25, 2007, he, along with four other defendants, rode on a “mission” from Illinois to Griffith, Indiana. While armed with three firearms, they were ordered to ambush rival gang members who were attending a party. Once two Latin Dragon members James Walsh, aka “Jim Boy” and Gonzalo Diaz left the party, the Latin Kings, including Ortiz, rode up in a vehicle and two of Ortiz’s co-defendants got out of the vehicle and shot and killed Walsh and Diaz.
Jermaine Ellis, 23, of Chicago, was sentenced to 205 months imprisonment and years of supervised release after pleading guilty on October 21, 2010 to the felony offense of conspiracy to participate in racketeering activity. Ellis, who became a Latin King member at an early age, admitted that while a juvenile he participated in the shooting deaths of James Walsh and Gonzalo Diaz in Griffith, Indiana.
Antonio Martinez, Jr., 42, of Chicago, a former officer with the Chicago Police Department, was sentenced to 144 months imprisonment and 5 years of supervised release after pleading guilty on December 2, 2011to the felony offense of conspiracy to participate in racketeering activity. According to court records, Martinez and another officer committed armed robberies on behalf of a Latin Kings gang member, at times while in uniform and driving police-issued vehicles. They stole drugs, weapons and cash, and in some instances were given a portion of the funds they stole as payment for committing the armed robberies.
Hiluterio Chavez, 37, of Chicago, was sentenced to 240 months imprisonment and 5 years of supervised release after pleading guilty on January 24, 2012 to the felony offense of conspiracy to participate in racketeering activity. Among other crimes, Chavez participated in a robbery with Martinez and presented himself as a law enforcement officer.
According to the indictments filed in this case, the Latin Kings is a nationwide gang that originated in Chicago and has branched out throughout the United States. The Latin Kings is a well organized street gang that has specific leadership and is composed of regions that include multiple chapters. The Latin Kings enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, assault and threats against those who violate the rules or pose a threat to the Latin Kings. Members are required to follow the orders of higher-ranking members, including taking on assignments often referred to as “missions.”The indictments charge that the Latin Kings were responsible for more than 20 murders.
Twenty-three Latin Kings members and associates have been indicted in this case.Fourteen have now been sentenced.Of the nine remaining, seven have pled guilty, one case was dismissed and one is a fugitive.
These cases were investigated by Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Drug Enforcement Administration; Federal Bureau of Investigation; the U.S. Immigration and Custom Office of Homeland Security Investigations; the National Gang Targeting, Enforcement & Coordination Center; the National Gang Intelligence Center; the Chicago Police Department; the East Chicago Police Department; the Griffith Police Department; the Hammond Police Department; the Highland Police Department; and the Houston Police Department.The investigation of the Chicago Police Department officers was conducted by Chicago City Public Corruption Task Force, a Chicago Police Department- Internal Affairs and FBI - Chicago law enforcement initiative.This case is being prosecuted by Assistant United States Attorney David J. Nozick, and Joseph A. Cooley, Trial Attorney, United States Department of Justice - Organized Crime and Gang Section.
Sioux Falls Man Pleads Guilty to Wire FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that Terry Stimpert, age 37, of Sioux Falls, South Dakota appeared before U.S. District Judge Karen E. Schreier on May 21, 2013 and pled guilty to an indictment that charged him with wire fraud. The maximum penalty upon conviction is 20 years' imprisonment, and a $250,000 fine.
In 2012, Terry Stimpert devised a scheme to steal money from investment accounts at Equity Trust Company. Posing as an actual account holder, Stimpert provided real account holder names, account numbers, and social security numbers, all of which he obtained during his employment with Equity Trust Company. Stimpert requested that money be wire transferred to an account he established at another financial institution.
The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
A presentence investigation was ordered and a sentencing date was set for August 12, 2013. The defendant was released on bond pending sentencing.
Sioux City Man Guilty of Mail FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that Darin Moran, age 36, of Sioux City, Iowa appeared before U.S. District Judge Karen E. Schreier on May 21, 2013 and pled guilty to Count I of the indictment that charged him with Mail Fraud. The maximum penalty upon conviction is 20 years in prison, a $250,000 fine, or both.
From November 1, 2007 thru October 31, 2010, Moran was a certified repair technician working for Amerikit, an Apple service provider in South Dakota. In that capacity, Moran had particular knowledge and access to the Apple warranty process. This included Apple at times sending new parts that could be used in warranty-covered repairs. Moran utilized three separate methods, all resulting in Moran receiving computers and replacement parts from Apple free of charge. At times, he would make warranty claims on behalf of a personal side business he started, D & M Sales, thereby obtaining free parts that he used in his personal business. At times, he obtained junk parts through internet sources, then submitted fictitious warranty claims for those parts. Finally, at times, Moran submitted warranty claims to Apple for junk parts that he knew were not covered under warranty, such as parts damaged by liquid. He concealed the nature of the damage, and when necessary, replaced serial numbers to submit the parts as warranty-covered damage.
As part of his related scheme, Moran made and caused to be made hundreds of mailings, often via Federal Express. Each of these particular mailings involved parts Moran sent after affixing false serial numbers in an effort to intentionally deceive Apple into determining that they were warranted parts.
The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Kevin Koliner.
A presentence investigation was ordered, and a sentencing date was set for August 12, 2013. The defendant was released on bond pending sentencing.
Savannah Doctor Sentenced to 30 Months in Pills for Sex SchemeRead the Press Release
SAVANNAH , GA: WILLIAM ELLIEN, 57, of Savannah, Georgia, was sentenced yesterday in federal court by U.S. District Court Judge William T. Moore, Jr., to 30 months in prison for exchanging prescriptions for highly addictive drugs in exchange for sex. Ellien was also sentenced to serve 3 years of supervised release upon his release from prison and ordered to surrender all of his medical licenses.
According to the evidence presented during the guilty plea and sentencing hearings, from 2009 until 2012, Dr. William Ellien, a once prominent Savannah Psychiatrist and a former Lt. Col. with the United States Army, traded hundreds of prescriptions for oxycontin, hydrocodone, Xanax, and other highly addictive drugs in exchange for sexual acts with multiple women. Some of Ellien’s victims were strip-club dancers, who he befriended and then exchanged prescriptions for sexual favors. The evidence also showed that Ellien met numerous women at hotels, restaurants and other locations to engage in the illicit activity. None of these women were his patients; many were addicts or became addicted as a result of Ellien’s criminal conduct.
United States Attorney Edward Tarver stated, “This defendant completely ignored his oath to ‘do no harm,’ all the while feeding the addiction of others for his own personal gratification. Now, he’ll do no harm serving a stiff prison sentence.”
This case was investigated by the DEA and prosecuted by Assistant United States Attorney E. Greg Gilluly, Jr. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Repeat Sex Offender Sentenced to over 22 Years in Federal Prison for Attempting to Coerce A Minor to Have SexRead the Press Release
RENO, Nev. – A man with a prior federal child pornography conviction in California has been sentenced to 22½ years in prison and lifetime supervised release for his guilty plea to soliciting children over the Internet for sex, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Vincent Charles Fasone, 44, of Fernley, Nev., was sentenced on Wed., May 22, 2013, by Senior U.S. District Judge Howard D. McKibben. Fasone pleaded guilty on Jan. 31, 2013, to one count of attempted coercion and enticement of a minor and one count of commission of a felony sex offense by an individual required to register as a sex offender. Under federal law, each count carries a minimum mandatory 10 years in prison, and the repeat sex offender count must be served consecutively.“From about 2007 through 2012, more than 12,000 persons have been convicted in federal courts nationally of an offense related to the sexual exploitation of a minor,” said U.S. Attorney Bogden. “In the District of Nevada during 2012, 60 persons were charged federally with such crimes and 74 new investigations were opened. Almost all of the persons charged were convicted and sentenced to more than five years in prison. We will continue to aggressively pursue these defendants who attempt to exploit our children.”
On Sept. 11, 2012, a detective with the Washoe County Sheriff’s Office, who was working on the Internet Crimes Against Children Task Force, began an undercover investigation on an Internet chat site looking for targets who were seeking to solicit or entice minor children for sex. Fasone, often using the screen name, “Guysmiley,” was observed in various chat rooms. Over the next couple of days, the undercover detective posing as an interested father of a young girl, had multiple online conversations with Fasone, who expressed his desire to have sex with young girls. Arrangements were made to meet Fasone at an apartment complex in Sparks, Nev. on Sept. 20, 2012. Fasone thought he was meeting the father and the father’s seven-year-old daughter and 12-year old female babysitter for sex. Fasone was arrested as he went to the apartment.
Fasone was convicted in 1998 in the Southern District of California of receipt of child pornography and sentenced to four years in prison.
The case was investigated by the Northern Nevada Internet Crimes Against Children Task Force, which includes the FBI, U.S. Immigration and Customs Enforcement HSI, the Nevada Attorney General’s Office, and the Washoe County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Carla B. Higginbotham.
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
safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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 internetRadio Equipment Seized from Pirate Radio Station in RoslindaleRead the Press Release
BOSTON – A warrant recently unsealed in U.S. District Court details the seizure of radio transmission equipment of a pirate radio station broadcasting from Roslindale.
The seizure, by federal officials on May 21, 2013, occurred at the station’s last known address on Washington Street in Roslindale. The pirate radio station is alleged to have been using frequency 88.5 MHz without a license from the Federal Communications Commission (FCC). A civil action was brought seeking forfeiture of the equipment because it was allegedly used in violation of federal law.
According to an affidavit filed with the civil complaint, the FCC issued warnings to the residents of 4258 Washington Street, but the radio station continued to broadcast. The forfeiture action was brought after complaints were received from a licensed broadcaster about interference with its radio signal.
The Communications Act of 1934 prohibits the operation of radio broadcasting equipment above certain low-intensity thresholds without a license issued by the FCC. The Act authorizes the seizure and forfeiture of any electronic or radio frequency equipment used to broadcast without an FCC license. The number of available radio frequencies is limited, and unlicensed broadcasting can interfere with the broadcasting of legitimate licensed radio stations, potentially causing chaos in the radio spectrum.
“It is a potential hazard to public safety for pirate radio stations to broadcast illegally and interfere with critical radio communications,” said United States Attorney Carmen M. Ortiz. “The U.S. Attorney’s Office will work in conjunction with the FCC to identify and seize equipment from these pirate broadcasters.”
“The FCC remains committed to shutting down pirate broadcasters whose operations potentially endanger public safety and interfere with the legitimate broadcasts of our licensees.” said Michele Ellison, Chief of the FCC’s Enforcement Bureau. “We will continue to use all available enforcement tools, including equipment seizures, to protect the airwaves and are grateful for the assistance and fine work of the U.S. Attorney’s Office in Boston.”
U.S. Attorney Ortiz and Chief Ellison made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Christine Wichers of Ortiz’s Civil Division.
Preschool Teacher Sentenced to 168 Months for Production of Child PornographyRead the Press Release
ALEXANDRIA, Va. – James Douglas Manring, 54, of Fredericksburg, Virginia, was sentenced today to 168 months in prison, followed by a 3 year term of supervised release, for production of child pornography. Prior to his arrest on Nov. 13, 2012, Manring taught preschool in Bethesda, Maryland.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia and Gary Barksdale, Inspector in Charge of the Washington Division of the United States Postal Inspection Service, made the announcement after United States District Court Judge Claude M. Hilton imposed sentencing.
Manring pleaded guilty to two counts of production of child pornography on Jan. 28, 2013.
According to court documents, Manring filmed himself performing sexual acts on several students who were approximately five years of age while teaching at a preschool in Japan from 1996 to 1999. In 1999, Manring returned to the United States and brought DVDs containing the child pornography he produced with him.Further, between April 2010 and February 2011, Manring also purchased approximately 46 videos for about $2,000. These videos depict the graphic and simulated lascivious exhibition of the genitals and pubic areas of minor boys and were mailed from New York to Manring’s residence in Fredericksburg, Virginia.
This case was investigated by the US Postal Inspection Service, Child Exploitation Investigations’ Washington Division. Special Assistant United States Attorney Alicia J. Yass, a Trial Attorney with the Child Exploitation and Obscenity Section of the Justice Department’s Criminal Division, is prosecuting the case on behalf of the United States.
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.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Pierre Man Charged with Injurious Articles as NonmailableRead the Press Release
United States Attorney Brendan V. Johnson announced that Tom J. Parsons, age 49, appeared before U.S. Magistrate Judge Mark A. Moreno on May 24, 2013, and pled not guilty to an Information that was filed on May 6, 2013, charging him with Injurious Articles as Nonmailable. The maximum penalty upon conviction is 1 year of imprisonment, a $100,000 fine, or both. The charge is merely an accusation, and Parsons is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Postal Service, and First Assistant U.S. Attorney Randolph J. Seiler is prosecuting the case. Parsons was released on bond pending trial. A trial date has not yet been set.
Pharmacist and Former Owner of St. George Pharmacy Pleads Guilty to Conspiracy to Commit Health Care FraudRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that Samuel Wahba (45, Palm Harbor) pleaded guilty yesterday to conspiracy to commit health care fraud, lying to a federal agency, making false claims to a federal health care program, and concealing his exclusion from all federal health care programs with the intent to fraudulently seek payment from such programs. Wahba faces a maximum penalty of five years in federal prison for the charge.
According to the plea agreement, on August 10, 2001, Wahba was convicted of one count of violating the Florida Racketeering Influenced and Corrupt Organization Act (RICO), one count of Medicaid Provider Fraud, one count of Grand Theft (Second Degree), and one count of Grand Theft (Third Degree), in the Circuit Court of the Sixth Judicial Circuit. These felony criminal convictions arose out of Wahba’s operation of Clover Pharmacy, located in Palm Harbor.
On July 31, 2002, Wahba received notice that he was excluded for a period of 15 years from participating in any and all other federal health care programs, including Medicare and Medicaid. This exclusion notice also advised Wahba that he could not collect any payments from any federal health care programs during the period of exclusion.
After being excluded from participation in all federal health care programs, Wahba went about devising a scheme to form a new pharmacy. The new pharmacy, called St. George Pharmacy, was secretly owned and controlled by him. Wahba knew that he could only bill Medicaid, Medicare, TRICARE, and other federal health care programs, if his ownership and control of St. George Pharmacy was covert. This aspect of the scheme required Wahba to enlist the assistance of individuals to pretend, at various times, to be the owners and operators of St. George Pharmacy. The main objective in creating the fictional (“nominee”) owners was to enable St. George Pharmacy to bill federal health care programs notwithstanding Wahba’s exclusion from participation in these programs.
During the time frame of the conspiracy, Wahba recruited three individuals to serve as nominee owners of St. George Pharmacy. Wahba paid these nominee owners a one-time fee or compensation.
During the conspiracy, St. George Pharmacy submitted millions of dollars in claims for reimbursement to Medicaid, Medicare, and TRICARE for prescription drug services. In total, St. George Pharmacy fraudulently received $5,281,931.00 in reimbursement payments from federal healthcare programs.
This case was investigated by the Department of Health and Human Services, Office of Inspector General; the Defense Criminal Investigative Service; and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Simon Gaugush.
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Oakland Man Indicted for Stealing and Disposing of Historic Gold Jewelry Box from Oakland MuseumRead the Press Release
OAKLAND, Calif. – Yesterday, a federal grand jury in Oakland indicted Andre Taray Franklin, charging him with Theft of Major Artwork and Unlawful Concealment and Disposition of Stolen Major Artwork, United States Attorney MELINDA HAAG announced.
According to the indictment, Franklin, 45, is alleged to have stolen a jewelry box made of California gold and adorned with richly gold veined quartz made between 1869 and 1878 with a value of at least $100,000 from the Oakland Museum of California, on or about January 7, 2013. In addition, the indictment charges Franklin with unlawfully concealing and disposing of the historic jewelry box between January and February 2013.
An affidavit prepared in connection with a criminal complaint filed in the same matter alleges that the historic jewelry box was stolen from the Oakland Museum of California during a burglary on January 7, 2013. The burglary was captured on a surveillance video which shows that the crime was committed by a lone individual who used an axe to break into the museum and smash display cases to steal the historic jewelry box and other items. The affidavit also explains that Franklin was first identified as a suspect after DNA from an axe cover found on the grounds of the museum following the burglary was compared to a database of DNA profiles, and Franklin was reported as a likely match. At the time of his arrest on March 3, 2013, Franklin was wearing shoes consistent in physical appearance with the museum burglar’s and with soles consistent with footprints found in the burglar’s flight path on the museum grounds. In addition, Franklin’s phone contained a blurry picture of the jewelry box and incriminating text messages. Finally, the jewelry box was recovered from an address in Oakland identified in the incriminating text messages on Franklin’s phone.
Franklin is currently being held in Santa Rita Jail on a parole violation. His initial appearance in federal court will be held before the duty magistrate in Oakland when Franklin’s parole hold is lifted.
The maximum statutory penalty for each count of Theft of Major Artwork and Unlawful Concealment and Disposition of Stolen Major Artwork in violation of 18 U.S.C. §§ 668(b)(1) and (b)(2) is 10 years in prison and a fine of $250,000, plus restitution if appropriate. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Brian C. Lewis is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Janice Pagsanjan. The prosecution is the result of an investigation by the Oakland Police Department and the Federal Bureau of Investigation.
Please note, an indictment contains only allegations against an individual and, as with all defendants, Mr. Franklin must be presumed innocent unless and until proven guilty.
North Dakota Man Charged with Possession of A Firearm by A Prohibited PersonRead the Press Release
United States Attorney Brendan V. Johnson announced that Virgil Running Bear, Jr., age 40, was indicted by a federal grand jury on May 15, 2013, for Possession of a Firearm by a Prohibited Person. Running Bear appeared before U.S. Magistrate Judge William D. Gerdes on May 23, 2013, and pled not guilty to the Indictment. The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered. The charge is merely an accusation, and Running Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Edmunds County Sheriff’s Office. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Running Bear was remanded to the custody of the U.S. Marshal’s Service. A trial date has not yet been set.
Mexican National Sentenced to 148 Months for Distributing MethRead the Press Release
Seven Co-Defendants Sentenced Earlier in Treasure Valley Drug Conspiracy
BOISE – Nelson Fernando Garcia-Soto, 39, a Mexican national formerly living in Boise, Idaho, was sentenced today to 148 months in prison for possession with intent to distribute 50 grams or more of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Garcia-Soto to serve five years of supervised release. He pleaded guilty to the charge on November 13, 2012.
According to the plea agreement, on December 16, 2011, law enforcement officers recovered nine pounds of methamphetamine from a backpack in a vehicle Garcia-Soto was driving. Garcia-Soto subsequently admitted that earlier that evening he had distributed two pounds of methamphetamine to co-defendant Alfredo Dominguez-Villareal.
Seven co-defendants sentenced earlier include Alfredo Dominguez-Villareal, a/k/a Alfredo Vasquez-Dominguez, a Mexican national, to 150 months in prison; Jimenez Valencia a/k/a Jorge Jimenez, a Mexican national, to 57 months; Juan Carlos Arredondo-Sicairos a/k/a Victor Kalil Medina-Feliciano, a Mexican national, to 120 months; Delia Garcia-Pineda, a Mexican national, to 37 months; Tanna Spencer, of Parma, Idaho, to 15 months; Hector Morales, of Delano, California, to six months; and Cynthia Casillas, also of Delano, to three years’ probation.
Two remaining defendants, Alonso Martinez, 26, of Earlimart, California, and Samuel Chavez, 32, of New Meadows, Idaho, are scheduled to be sentenced on June 4 and June 24, respectively.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration in conjunction with the Boise Police Department, Nampa Police Department, and the Ada County Sheriff's Office.
The OCDETF program is a federal multi agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. Federal task force members include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and U.S. Marshals Service.
Mexican Mafia Member Sentenced for Racketeering Conspiracysan Diego Man Led Extortion & Drug Trafficking EnterpriseRead the Press Release
United States Attorney Laura E. Duffy announced that Mexican Mafia member Salvador Nicola Colabella was sentenced today by United States District Judge Anthony J. Battaglia to serve 262 months in federal prison based on his August 9, 2012 plea to RICO conspiracy charges, in violation of Title 18, United States Code, Section 1962(d). Colabella has been in custody since his arrest on January 25, 2012.
According to court documents, Colabella’s role in the RICO conspiracy related to his participation in the Mexican Mafia, a violent, prison-based gang that controls the criminal conduct of thousands of Hispanic, street-gang members in Southern California. As revealed in his plea, Colabella controlled a significant portion of the criminal activity of Hispanic street-gang members in the San Diego area. Court records noted that while the Mexican Mafia has thousands of associates, membership is rare; in fact, law enforcement estimates that there are only about 150-200 Mexican Mafia members in the United States.
In his guilty plea, Colabella admitted to personally engaging in drug trafficking and extortion, as well as profiting from the criminal activity of those gang members who worked under his command. The extortion payments, or “taxes” in Mexican Mafia parlance, are collected by associates at the behest of members through violence and/or the threat of violence. In exchange for such “taxes,” Mexican Mafia members essentially grant gang members and other associates the right to conduct criminal activity within their respective areas of influence. In fact, Colabella admitted in his plea agreement that he had authority over several Mexican Mafia associates who collected taxes on his behalf. Drug dealers who paid Colabella taxes were responsible for distributing hundreds of pounds of methamphetamine and other drugs worth millions of dollars on the streets of San Diego. In all, Colabella collected tens of thousands of dollars in “taxes,” through the extortion of cash, cars, and other items of value. Colabella admitted in his plea agreement that his associates resorted to violence in the course of extorting others. For example, one of Colabella’s top associates stabbed a drug dealer over a dispute related to the drug dealer’s payment of taxes. According to court records, while Colabella did not directly order the assault, the associate was only able to carry out the stabbing because of the authority granted to him by Colabella.
This case was the result of “Operation Carnalismo,” a long-term investigation conducted by the Violent Crime Task Force - Gang Group (VCTF-GG), a group of federal, state, and local law enforcement agents led by the Federal Bureau of Investigation. In total, Operation Carnalismo resulted in charges against 36 individuals across five indictments. The indictments charged RICO conspiracy, violent crime in aid of racketeering, conspiracy to distribute drugs, and the distribution of drugs.
United States Attorney Duffy praised the work of the VCTF-GG in marshaling the evidence related to Colabella’s activities. Duffy added, “Today’s sentencing marks another significant step toward our office’s effort to combat the dangerous criminal activity of gangs and, in particular, the Mexican Mafia. Gang members should take note: their organized criminal activity will not be tolerated, and we will continue to use the full resources of our office and our law enforcement partners to investigate and prosecute organized gang crime.”
FBI Special Agent in Charge, Daphne Hearn stated, “Today's sentencing should send a message to all gang members that the FBI and our law enforcement partners will aggressively pursue you and hold you accountable for your criminal activities. San Diego is safer today because of the cooperative efforts between the public and law enforcement.”
Chula Vista Police Chief David Bejarano said, “The Chula Vista Police Department appreciates the collective efforts made by our detective and members of the Violent Crimes Task Force to remove this dangerous individual from our community. The success of this investigation underscores the strength and benefits of the partnership that exists among Federal, State and local law enforcement agencies throughout the San Diego region.”
National City Police Chief Manuel Rodriguez stated, “This operation spotlights the collaborative efforts of local, state, and federal agencies to combat violence in our community.”
DEFENDANT Case Number: 12CR0290AJB Salvadore Nicola Colabella SUMMARY OF CHARGES AGAINST COLABELLATitle 18, United States Code, Section 1962(d) – Conspiracy to conduct enterprise affairs through a pattern of racketeering activity
INVESTIGATING AGENCIESFederal Bureau of Investigation
Chula Vista Police Department
San Diego Police Department
National City Police Department
San Diego County Sheriff's Department
San Diego County District Attorney's Office
U.S. Bureau of Prisons
California Department of Corrections and Rehabilitation
San Diego County Probation
Immigration and Customs Enforcement's Homeland Security Investigations
Internal Revenue Service-Criminal InvestigationsPROGRESS OF CASES CHARGED AS PART OF OPERATION CARNALISMO –
CONVICTIONS AND SENTENCES12CR290-AJB
Salvadore Colabella – RICO conspiracy – 262 Months
Jose Luis Mercado – RICO conspiracy - Sentencing June 28, 2013
Robert Mercado – Violent Crime in Aid of Racketeering - 168 Months
Maria De Jesus Claudia Ochoa– RICO conspiracy - Sentencing July 26, 2013
Silvano Hernandez – RICO conspiracy - 210 Months
Jose Briseno-Contreras – RICO conspiracy - 46 Months12CR291-AJB
Ramon Agredano – Conspiracy to distribute methamphetamine - 84 Months
Richard Cornejo – Conspiracy to distribute methamphetamine - 135 Months
David York – Conspiracy to distribute methamphetamine - 120 Months
Guillermo Chaidez – Conspiracy to distribute methamphetamine - 120 Months
David Garcia – Conspiracy to distribute methamphetamine - 120 Months
Adrian Dominguez – Conspiracy to distribute methamphetamine - 108 Months
Charles Smith – Conspiracy to distribute methamphetamine - 120 Months
Anna Sheneman – Conspiracy to distribute methamphetamine - 93 Months
Esteban Rodriguez – Conspiracy to distribute methamphetamine - 60 Months12CR292-AJB
Juan Guerrero – Conspiracy to distribute methamphetamine - 135 Months
Jorge Moreno – Conspiracy to distribute methamphetamine - Sentencing June 28, 2013
Edward Moreno – Conspiracy to distribute methamphetamine - 120 Months
Allen Mundell – Conspiracy to distribute methamphetamine - 120 Months
Brett Youkel – Conspiracy to distribute methamphetamine - 120 Months
Lacy McElroy – Conspiracy to distribute methamphetamine - 100 Months12CR293-AJB
Alfredo Bazurto – Conspiracy to distribute methamphetamine - Sentencing June 7, 2012
Charles Monroe – Conspiracy to distribute methamphetamine - 120 Months
Jose Pedro Covarrubias – Conspiracy to distribute methamphetamine - 120 Months
George Chavez – Conspiracy to distribute methamphetamine - 120 Months
Jose Esparza – Conspiracy to distribute methamphetamine - 130 Months
John Atkinson – Conspiracy to distribute methamphetamine - 120 Months
Annabel Vasquez – Conspiracy to distribute methamphetamine - 72 Months
Fantajamarie Cajmere Deleal – Conspiracy to distribute methamphetamine - 77 MonthsMetro Denver Federal, State and Local Law Enforcement and Prosecutors Come Together to Enforce Firearm Laws with Goal to Prevent Summer of Firearm ViolenceRead the Press Release
DENVER – Agencies from across Metro Denver have come together in an effort to prevent firearm violence this summer, the group announced today. The effort, which includes federal, state and local law enforcement agencies as well as federal and state prosecutors, will focus on firearm violations. The goal is to reduce gun crime.
The agencies involved in the Metro Denver Firearm Initiative include: The U.S. Attorney’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Aurora Police Department, the Denver Police Department, the Lakewood Police Department, the Arapahoe and Douglas County District Attorney’s Office, the Adams County District Attorney’s Office, the Jefferson County District Attorney’s Office and the Denver District Attorney’s Office.
These law enforcement agencies and prosecutors will work closely together to review gun crime investigations to determine which venue, federal court or state court, has the most severe prison sentence. Based on that analysis, charges will be filed in the venue with the toughest penalties.
“We have assembled a strong team to investigate and prosecute firearm violations,” said U.S. Attorney John Walsh. “It is our goal to reduce gun crime by focusing on the worst of the worst in Metro Denver who possess or use firearms.”
The penalties can be severe. In federal court, a prohibited person in possession of a firearm faces not more than 10 years in federal prison, and up to a $250,000 fine. Those who cannot possess firearms include: felons, illegal aliens, those addicted to drugs, and those adjudicated mentally ill. Also, if someone is the subject of a restraining order, or if they have a misdemeanor conviction for domestic violence they are also prohibited from possessing a firearm. If a defendant has three prior violent felony convictions or drug trafficking offenses, the defendant could be sentenced as an Armed Career Criminal. Armed Career Criminals face not less than 15 years and up to life in prison.
In addition to those who are prohibited from possessing a firearm, there are other crimes that have increased penalties for firearm possession and use.
* If someone uses or carries a firearm during a drug trafficking crime, the defendant faces a mandatory minimum of 5 years in federal prison consecutive to any other sentence.
* If someone possesses a firearm during a crime of violence, they also face a mandatory minimum of 5 years in prison consecutive to any other sentence.
* If a person brandishes a firearm during a crime of violence or during a drug trafficking crime, the penalty goes to a mandatory minimum of 7 years in prison consecutive to any other sentence.
* If a person discharges a weapon during a crime of violence or a drug trafficking crime, the defendant faces a mandatory minimum of 10 years in prison consecutive to any other sentence.
In each of these cases, the penalty goes up to life in prison, as well as a $250,000 fine.
If someone has information about a prohibited person carrying a firearm, or the illegal use of a firearm, please call your local police department, or 911 if it is an emergency. You can also reach the ATF at 800-800-3855.
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McLaughlin Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man charged with Failure to Pay Legal Child Support was sentenced on May 20, 2013 by U.S. District Judge Roberto A. Lange. Jesse L. Brown Otter, age 45, was sentenced to time served, a $100 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $25,342.12.
Brown Otter was indicted on for failing to pay over $25,000 in past due child support by a federal grand jury on August 14, 2012. He was ordered by the Eighth Judicial Circuit Court, Corson County, to pay $150 per month for his minor child, commencing August 1, 1992. At the time of indictment, he had not made a child support payment since July 2007, and the total arrearage amount was $25,342.12. He pleaded guilty to the charge on February 26, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector GeneralAssistant U.S. Attorney Thomas J. Wright prosecuted the case.
McLaughlin Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man charged with Failure to Pay Legal Child Support was sentenced on May 20, 2013 by U.S. District Judge Roberto A. Lange. Jesse L. Brown Otter, age 45, was sentenced to time served, a $100 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $25,342.12.
Brown Otter was indicted on for failing to pay over $25,000 in past due child support by a federal grand jury on August 14, 2012. He was ordered by the Eighth Judicial Circuit Court, Corson County, to pay $150 per month for his minor child, commencing August 1, 1992. At the time of indictment, he had not made a child support payment since July 2007, and the total arrearage amount was $25,342.12. He pleaded guilty to the charge on February 26, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector GeneralAssistant U.S. Attorney Thomas J. Wright prosecuted the case.