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Friday 17 May 2013
Public Corruption Indictments ReturnedRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
Hammond, Indiana C United States Attorney David Capp announced that three indictments were returned as a result of investigations by the public corruption task force.
Vahan Kelerchian, 53, of Richboro, Pennsylvania, is charged in a nine count indictment.Kelerchian is the principal owner and operator of Armament Services International, a company located in the Philadelphia area engaged in the sales of firearms, primarily through the internet. The indictment alleges that Kelerchian, from November 2008 to January 2010, conspired with Joseph Kumstar and Ronald Slusser to make false statements concerning the acquisition of firearms.Kumstar and Slusser are both former Lake County Sheriff deputies who were indicted for this conduct in September 2010.Both have since plead guilty, are awaiting sentencing and cooperating with the United States Attorney’s Office.
Essentially, the indictment alleges that Kelerchian, Kumstar and Slusser utilized the Lake County Sheriff ‘s Department to acquire approximately 71 machine guns representing that those firearms were to be owned and utilized by the sheriff’s department for law enforcement purposes.In actuality, it is alleged that Kelerchian, Kumstar and Slusser acquired these firearms for themselves and broke the firearms down into certain component parts and sold those parts at considerable profit.
The indictment also alleges a conspiracy among the same individuals to defraud the Food and Drug Administration (FDA) concerning the acquisition of approximately 74 restricted laser sights which can only be obtained by law enforcement or the military.Similar misrepresentations concerning the acquisition and use by the Lake County Sheriff’s department are alleged in this count.
Kelerchian is also charged with conspiring with Joseph Kumstar to provide the Bureau of Alcohol, Tobacco, Firearms and Explosives with letters purportedly from the sheriff’s department requesting demonstrations of machine guns when in fact they knew there would be no such demonstrations.
The indictment also charges that on or about July 31, 2008, Kelerchian gave Kumstar a certain firearm intending to award or influence Kumstar in connection with transactions concerning the Lake County Sheriff’s department. The final count of the indictment alleges a conspiracy by Kelerchain, Kumstar and Slusser to conduct financial transactions involving the proceeds of specified unlawful activity.
Roman Perez, 41, of Crown Point, Indiana, is charged with one count of making false statements under oath on a tax return and one count of making a false statement in a bankruptcy proceeding.The Indictment alleges that Perez understated his total taxable income for 2007 by approximately $110,108.00, of which approximately $80,000 constituted payments from both the Treasurer of Lake County, Indiana, and the Lake County Sheriff’s Commissary Fund, to Roman Art Inc., a graphic design business owned and operated by Perez; and that Perez understated his gross income for the year 2009 by an amount in excess of $40,000 in a Chapter 13 bankruptcy case.The United States Attorney’s Office will today file a plea agreement wherein Perez has agreed to plead guilty to these charges and will cooperate with the United States Attorney’s Office.
Current Lake County Surveyor George Van Til, 65, of Merrillville, Indiana, is charged with six counts of wire fraud and two counts of obstruction of justice.
The indictment alleges that Van Til,beginning in or about November 2007 and continuing through December 2012, devised a scheme to defraud Lake County of money and property by utilizing county employees to perform personal services and political services so that Van Til would be re-elected as Lake County Surveyor.
The indictment also alleges that Van Til directed an employee to remove a hard drive from a Lake County computer and to replace it with another hard drive.Van Til gave that employee $100 cash in order to purchase the replacement hard drive from a local retailer.Van Til was concerned that federal authorities might come to the Surveyor’s office and confiscate the hard drive.
The indictment further alleges that Van Til told that same employee “And by the way, if by some chance down the line there’s ever a conversation, we never had these conversations.”
Van Til’s alleged conduct with respect to this particular employee forms the basis for the two obstruction of justice counts.
United States Attorney Capp advised that these indictments were the result of the ongoing investigative effort by the public corruption task force.That task force is comprised of the Federal Bureau of Investigation, the Internal Revenue Service, the Indiana State Police and the United States Attorney’s Office.In the Kelerchian indictment, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Food and Drug were principally involved.Capp thanked these agencies and departments for their continued cooperative efforts in the important area of public corruption.Capp stated, “As I have said before, our public corruption effort is ongoing and we will continue to investigate and, where appropriate, seek federal indictments against those who abuse the public trust.”
These cases have been assigned to and are being prosecuted by Assistant United States Attorneys Philip Benson, Gary Bell and Joshua Kolar.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
Plea of Guilty Entered to Receipt of Child PornographyRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Josh Ensley, age 52, of Tucker, Georgia, entered a plea of guilty to Count One of an Indictment charging him with Receipt of Child Pornography, a violation of Title 18, United States Code, Section 2252(a)(2) and (b)(1). Mr. Ensley entered his plea before the Honorable Charles A. Pannell, Jr., United States District Judge in Atlanta, Georgia on May 16, 2013.In entering a plea of guilty, Mr. Ensley admitted that between September 18, 2008, and March 20, 2011, he ordered and received DVDs containing visual depictions of minors engaged in sexually explicit conduct and which had been shipped to him in interstate commerce. He also admitted that on October 25, 2012, he possessed additional material on his computer which contained visual depictions of minors engaged in sexually explicit conduct and which had been obtained by him over the internet using a facility in and affecting interstate commerce. Some of the visual depictions possessed by Mr. Ensley depicted minors who were younger than twelve (12) years old. Mr. Ensley was an employee of a school in Dekalb County, Georgia, which had students under the age of eighteen (18) years, and he further acknowledged that on October 25, 2012, he possessed videos that he had produced which depicted minor students of the school using the restroom. He admitted surreptitiously placing video cameras in the boys’ and girls’ restrooms at the school and videotaping students’ genitals without their knowledge or consent.
Mr. Ensley faces a mandatory minimum of five (5) years imprisonment up to a maximum sentence of twenty years (20) imprisonment, a maximum fine of $250,000.00, or both, and a term of supervised release of five (5) years up to life, and a mandatory assessment fee of $100.00. Sentencing is scheduled for July 25, 2013 at 10:00 a.m.
“Our child pornography laws are on the books to protect our children from people like Mr. Ensley. Every time he viewed one of his DVDs containing child pornography, he re-victimized these children. This guilty plea reminds us that we, as parents and educators and anyone else caring for children, must be mindful of those who prey on them,” said U.S. Attorney Michael Moore.
The case was investigated by the United States Postal Inspection Service, Atlanta Division, and is being prosecuted by Assistant United States Attorneys Paul C. McCommon III and Robert D. McCullers.
Inquiries regarding the case should be directed to Sue McKinney, Public Affairs Specialist, United States Attorney’s Office at (478) 621-2602.
Pill Mill Doctor/Owner Pleads Guilty to Oxycodone ConspiracyRead the Press Release
Defendant Physician Owned and Operated Pain Management Clinic
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael J. DePalma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Miami Field Office, and Mark R. Trouville, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, announced that Dr. Stephen Anthony, 64, of Davie, Florida, pled guilty to conspiring to distribute and dispense large amounts of oxycodone without a legitimate medical purpose and outside the usual course of professional practice. Dr. Anthony also pleaded guilty to money laundering and income tax evasion. Anthony faces a maximum term of imprisonment of five years on the drug charge, ten years on the money laundering charge and 5 years on the tax evasion charge. The sentencing hearing is set for October 4, 2013 in front of U.S. District Judge Robert N. Scola, Jr.
According to the terms of the plea agreement, Anthony has agreed to forfeit $338,300 in money and property representing proceeds he earned and laundered as a result of his involvement as a physician at Broward Urgent Care in Fort Lauderdale. As set forth in the plea agreement, between April 2010 and February 2011, Anthony was employed as a clinic doctor at Broward Urgent Care which, at the time, was had previously been owned by co-conspirators, Vincent Colangelo and Nicholaus Thomas. Colangelo pleaded guilty to narcotics, money laundering and federal income tax offenses on April 2, 2012, arising from his ownership of six pill mill clinics and a pharmacy in Broward and Miami-Dade Counties. Thomas pleaded guilty on November 18, 2011 to narcotics and money laundering charges. Colangelo and Thomas sold Broward Urgent Care to Anthony after the Florida legislature enacted legislation in October 2010 requiring that pain management clinics be owned by licensed physicians. According to a review of medical records, while at Broward Urgent Care, Anthony wrote 12,510 prescriptions for oxycodone and 5,776 prescriptions for Xanax, and more than 99% of Anthony’s patients received prescriptions for oxycodone. In total, Anthony prescribed 42,374,370 milligrams of oxycodone during the ten months he worked as a physician at Broward Urgent Care.
Between 2000 and 2007, Anthony evaded the payment of approximately $556,262 in individual income and employment taxes. According to the plea agreement, Anthony evaded taxes by depositing monies into a bank account in the name of a third party. Instead of paying taxes, Anthony purchased thousands of dollars in personal items including jewelry and automobiles. Anthony also laundered approximately $581,761 in illegal narcotics proceeds generated from Broward Urgent Care between October 15, 2010 and February 22, 2011.
U.S. Attorney Wifredo A. Ferrer stated, “We will continue to investigate and aggressively prosecute physicians like Dr. Anthony, who illegally prescribed prescription pain killers from his pill mill clinic without regard for the safety and well-being of his patients or our community. We are committed to prosecuting unscrupulous doctors, clinic owners, or other operators who deal drugs while hiding behind a medical license.”
Michael J. DePalma, Acting Special Agent in Charge, IRS Criminal Investigation, stated, “IRS Special Agents are experts at following the money trail to ensure that income from legal or illicit sources is properly reported. Dr. Anthony’s guilty plea to tax evasion and money laundering charges, in conjunction with the forfeiture of his ill-gotten assets, sends a clear message that law-breakers will not be allowed to enjoy the fruit of their crimes.”
DEA Special Agent in Charge Mark R. Trouville stated, “This is a great example of where the road leads to for pill mill doctors. Due to these investigations, Florida doctors are no longer among the top oxycodone purchasers in the United States. The DEA will continue to work with our law enforcement partners to investigate those who look to prosper from the diversion of powerful prescription medicines and to ensure public safety.”
Vincent Colangelo was sentenced on June 29, 2012 to twenty years in prison, to be followed by three years of supervised release. Nicholaus Thomas was sentenced on May 23, 2012 to ten years in prison, to be followed by three years of supervised release.
Mr. Ferrer thanked the DEA, IRS-CI and the Broward Sheriff’s Office, as well as the many other state and local agencies for their investigative work. This case is being prosecuted by Assistant U.S. Attorney Scott Behnke and Tax Division Trial Attorney Greg Tortella.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Phoenix Man Sentenced to 235 Months in Federal Prison for Armed Bank RobberyRead the Press Release
PHOENIX – On May 15, 2013, Jon Phillip Carstens, 47, of Phoenix, Ariz. was sentenced by visiting U.S. District Judge Linda R. Reade to 235 months in federal prison for robbing a Wells Fargo Bank in Yuma, Ariz. Carstens pleaded guilty on Feb. 8, 2013 to armed bank robbery.
According to the plea agreement, Carstens entered a Wells Fargo Bank in Yuma, wearing a hat and a scarf which covered his face. After entering the bank, Carstens approached the victim teller brandishing a .380 caliber pistol, and jumped over the counter to the victim teller’s side while continuing to brandish the firearm. He grabbed money from the teller drawer, jumped back over the counter, exited the bank, and jumped into a Honda Civic and fled. He was later apprehended in Imperial County, Calif. Carstens had previously been convicted of bank robbery in Tampa, Fla.
The investigation in this case was conducted by the Federal Bureau of Investigation, Yuma County Sheriff’s Office, Yuma Police Department, Arizona Department of Public Safety, United States Border Patrol, and the Imperial County Sheriff’s Office. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-12-1669-PHX-NVW
RELEASE NUMBER: 2013-040_CarstensFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Pennsylvania Man Sentenced for Cyber-stalking and Child Pornography OffensesRead the Press Release
GRAND RAPIDS, MICHIGAN – U.S. Attorney Patrick A. Miles, Jr., announced today that Joseph J. Ostrowski, 29, of Wilkes-Barre, Pennsylvania, was sentenced yesterday to serve 30 years in federal prison by a federal judge in the Middle District of Pennsylvania for offenses that included a charge of cyber-stalking in the Western District of Michigan.
The investigation of the cyber-stalking charge by the Lansing, Michigan FBI and the Michigan State University Police Department (MSUPD) resulted in the execution of a federal search warrant for Ostrowski’s residence in Wilkes-Barre in May 2012. That search resulted not only in the seizure of evidence of cyber-stalking of MSU students, but also in the discovery that Ostrowski – at the time the head football coach of a local high school – was committing numerous child-pornography felonies in Pennsylvania. Charged both in the Western District of Michigan with cyber-stalking and in the Middle District of Pennsylvania with numerous child pornography felonies, Ostrowski pled guilty to both cases in Pennsylvania as part of a plea agreement that allowed for the transfer of the Michigan case to Pennsylvania for guilty-plea and sentencing.
The investigation began in 2011 after MSUPD was made aware of MSU student social-networking sites being compromised and exploited by a then-unknown perpetrator to harass, threaten, and intimidate MSU students. When investigation by the MSU Police Computer Forensic Unit obtained information indicating that the perpetrator resided outside of Michigan, the Lansing FBI was contacted for assistance and joined the investigation. Working together, FBI and MSUPD obtained and executed the federal search warrant that resulted in Ostrowski’s arrest and ultimate conviction.
Commenting on the sentences, U.S. Attorney Miles stated, “Internet communications and social networking are positive in many respects, but they can also be very dangerous. Those who criminally exploit others through the Internet and social networks deserve prosecution. Thanks to the outstanding work of MSUPD and the FBI, there’s one more on-line predator out there who won’t be logging on again anytime soon.”
Addressing the fact that Ostrowski’s stalking crime involved taking over the social-network accounts of numerous victims by, in part, exploiting personal information that had been posted on those sites, Miles also observed, “People of all ages need to be careful and think twice about personal information they share on the Internet and to whom.”
Robert D. Foley III, Special Agent in Charge of FBI Detroit, added, “Those individuals who seek and obtain pornographic images of minors, and conduct intrusions through the Internet will face severe consequences for their crimes. The FBI is committed to working with the MSUPD and to holding these deplorable criminals accountable.”
The case was investigated by the Lansing and Wilkes-Barre offices of the FBI and by the MSUPD. It was prosecuted by Assistant U.S. Attorney Hagen W. Frank, who serves as the principal of the Identity Theft and Cybercrime Task-Force of the U.S. Attorney’s Office.
END
Parmelee Man Charged with Aggravated Sexual Abuse, Sexual Abuse, Aggravated Incest and Witness TamperingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Sexual Abuse, Aggravated Incest and Witness Tampering.
Ian James Burning Breast, age 20, was indicted by a federal grand jury on May 14, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 15, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Burning Breast is presumed innocent until and unless proven guilty. The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Burning Breast was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Orlando Woman Pleads Guilty to Making False Statements in Connection with a Residential Loan and MortgageRead the Press Release
PENSACOLA, FLORIDA – Chantal M. Lanton, 37, of Orlando, Florida, pled guilty today to two counts of making false statements to a bank in connection with her application for a residential loan and mortgage. Lanton will be sentenced by Chief U.S. District Judge M. Casey Rodgers on August 8, 2013. The guilty plea was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
Lanton waived her right to be indicted by a federal grand jury and was charged in a two-count Information filed today. Count One of the Information alleged that, in March 2005, Lanton applied for a residential loan with Regions Bank, N.A., to purchase a home in Pensacola, Florida. On the loan application, Lanton significantly overstated her income, the extent of her education, and provided false information about her debts. Count Two of the Information alleged that, in February 2011, after her loan lapsed into default, Lanton falsely claimed to be an officer in the United States Air Force who was being deployed to Germany, in an effort to receive foreclosure protection benefits that are provided to service members under the Service Members’ Civil Relief Act. Lanton has never served in the U.S. Air Force, or any other branch of the U.S. military. As a result of her guilty plea, Lanton faces a possible sentence of 30 years in prison and a fine of $1,000,000 on each count.U. S. Attorney Marsh praised the work of Northwest Florida Mortgage Fraud Task Force and the Defense Criminal Investigative Service, in pursuing this investigation. Formed in July 2011, the Northwest Florida Mortgage Fraud Task Force is a partnership of the Federal Bureau of Investigation, the Okaloosa County Sheriff’s Office, and the Florida Department of Law Enforcement, and is charged with investigating mortgage fraud in the panhandle of Florida.
This prosecution is a continuation of vigorous efforts to combat mortgage fraud as part of Operation Stolen Dreams, a nationwide sweep targeting fraudulent mortgage loans. This national emphasis is the largest collective enforcement effort ever brought to bear in confronting the problem and was initiated by the Mortgage Fraud Working Group of the President’s Financial Fraud Enforcement Task Force, which was established to lead an aggressive, coordinated effort to investigate and prosecute financial crimes.
The case was prosecuted by Assistant United States Attorney Thomas P. Swaim.
Oregon, Illinois Man Sentenced to 121 Months in Federal Prison for Distributing Child PornographyRead the Press Release
ROCKFORD — An Oregon, Ill. man was sentenced today in federal court for distributing child pornography. JONATHAN LONG, 51, who was originally charged in federal court in Alaska, was sentenced by U.S. District Judge Philip G. Reinhard to 121 months in federal prison for distributing child pornography, in addition to 10 years of supervised release following his release from prison.
Long pled guilty to the charge on Nov. 16, 2012. According to the written plea agreement, Long admitted that in March 2012 he distributing visual images of a minor engaging in sexually explicit conduct via email to an individual in Alaska. Long was arrested on July 24, 2012, and has since been in federal custody.
The sentencing was announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois, and Gary J. Hartwig, Special Agent-in-Charge of Homeland Security Investigations in Chicago.
The government was represented by Assistant U.S. Attorney Michael D. Love.
Oglala Man Pleads Guilty to Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that Tim Two Bulls, age 24, of Oglala, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 10, 2013 and pled guilty to Sexual Abuse. The maximum penalty upon conviction is life imprisonment and a $250,000 fine.
Two Bulls was indicted for unlawfully entering the home of another person on December 16, 2011 in the Red Shirt Table Community. While in this home, Two Bulls engaged in a sexual act with a female, without her permission.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
New Jersey Law Office Employee Indicted for Possessing, Distributing Images of Child Sexual Abuse from Work ComputerRead the Press Release
NEWARK, N.J. – A registered sex offender employed at a law office in Paterson, N.J., was indicted today by a federal grand jury in Newark for allegedly possessing and distributing images of child sex abuse over the Internet, U.S. Attorney Paul J. Fishman announced.
Kevin Rease, 33, of Hackettstown, N.J., was charged by complaint in April 2013 with one count of distributing images of child sex abuse over the Internet and has been held in federal custody since that time. Today’s indictment charges two counts of distribution and one count of possession of the images. Rease will be arraigned on the indictment on a date to be determined.
According to the indictment returned today and other documents filed in this case:
On March 12, 2013, an undercover FBI agent downloaded images depicting child sexual abuse from an individual using an assumed name on a public Internet-based peer-to-peer file sharing network. The investigation revealed that the individual was logged on to the network using an Internet Protocol, or “IP,” address belonging to the law office where he worked.
The FBI executed a search warrant in April 2013 at the Paterson law office, seizing digital images depicting child sexual abuse, including material involving prepubescent minors. Rease’s work computer was logged onto the peer-to-peer network at the time, under the same assumed name which had offered illegal images for download on March 12.
As a previously convicted sex offender, Rease faces a mandatory minimum penalty of 15 years in prison, a maximum potential penalty of 40 years in prison, and a $250,000 fine per count if convicted of the distribution offenses. He also faces a mandatory minimum penalty of 10 years in prison, a maximum penalty of 20 years in prison, and a $250,000 fine if convicted of the possession count.U.S. Attorney Fishman credited special agents of the FBI, Newark Division’s Child Exploitation Task Force, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation.
The government is represented by Assistant U.S. Attorney Danielle Alfonzo Walsman of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charge and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
13-203Defense counsel: William Ware Esq., Chester, N.J.
Rease Indictment
New Haven Woman Charged with Making Bomb Threats Against Connecticut CourthousesRead the Press Release
Deirdre Daly, Acting United States Attorney for the District of Connecticut, Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the FBI, Joseph P. Faughnan, U.S. Marshal for the District of Connecticut and Colonel Danny R. Stebbins of the Connecticut State Police announced that JENNIFER CHIRICO, 30, of New Haven, was arrested today on a federal criminal complaint charging her with making bomb threats against courthouses in Connecticut.
As alleged in the criminal complaint, on the morning of March 8, 2013, CHIRICO and others placed a total of seven anonymous threat calls to courthouses, law enforcement agencies and media outlets, all claiming that bombs had been deployed and were going to explode that morning at one or more courthouses in Connecticut. In one call to the Connecticut State Police in Middletown, CHIRICO stated that three bombs were set to go off at 11 a.m. at courthouses in Waterbury, Hartford, and New Haven.
Following her arrest, CHIRICO appeared before United States Magistrate Judge Joan G. Margolis in New Haven and was released on a $10,000 bond.
CHIRICO is charged with one count of telephonic bomb threats, which carries a maximum term of imprisonment of 10 years and a fine of up to $250,000.
Acting U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force, the U.S. Marshals Service and the Connecticut State Police. The case is being prosecuted by Assistant United States Attorney Henry K. Kopel.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]New Haven Man Sentenced to Four Years in Federal Prison for Distributing HeroinRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, today announced that JASON BRODSKY, 22, of New Haven, was sentenced yesterday by United States District Judge Vanessa L. Bryant in Hartford to 48 months of imprisonment, followed by three years of supervised release, for distributing heroin.
According to court documents and statements made in court, in August 2011, the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force initiated an investigation into a series of suspected heroin overdose cases in the greater New Haven area, including one that resulted in the death of a woman in Milford on August 16, 2011. The investigation revealed that BRODSKY and his co-defendant, Ralston Williams, rented hotel rooms in the New Haven area and sold prepackaged heroin to a variety of customers. BRODSKY gave the cash from the heroin sales that he made to Williams. Williams, in turn, would pay BRODSKY by giving him bags of heroin for his personal use.
Judge Bryant found that BRODSKY and Williams sold the heroin that caused the overdose death of the Milford woman.
On April 24, 2012, BRODSKY pleaded guilty to one count of conspiracy to possess with intent to distribute heroin.
On May 29, 2012, a jury found Williams guilty of one count of conspiracy to possess with intent to distribute heroin, one count of possession with intent to distribute heroin, and one count of possession with intent to distribute cocaine base (“crack cocaine”). On May 14, 2013, he was sentenced to 168 months of imprisonment.
This matter was investigated by the DEA’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force and the Milford Police Department, with the assistance of the Connecticut State Police and the Bridgeport and Stamford Police Departments. The case was prosecuted by Assistant United States Attorneys Sarah Karwan and Peter Markle.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Man Pleads Guilty for Involvement in A Large Scale Stolen Identity Refund FraudRead the Press Release
Montgomery, Alabama - Glenn Powell, Jr., pleaded guilty yesterday in the Middle District of Alabama to his role in a large scale stolen identity refund fraud, announced George L. Beck, Jr., United States Attorney for the Middle District of Alabama.
On April 17, 2013, a federal grand jury in Montgomery, indicted Powell on conspiracy and theft of government money charges. According to court documents, Powell opened two bank accounts on which he was the only authorized signer. Between August 2009 and February 2011, at least 49 false federal income tax refunds totaling approximately $95,926 were directed to Powell’s bank accounts. Powell was able to withdraw approximately $46,423.71 in false tax refunds before the IRS stopped him. The overall scheme Powell participated in is alleged to have involved over $500,000 in false refunds.
As a result of his plea, Powell faces a maximum potential sentence of 10 years in prison. This case was investigated by special agents of IRS - Criminal Investigation. Trial Attorneys Charles M. Edgar Jr., Michael Boteler, and Greg Bailey of the Justice Department's Tax Division are prosecuting the case, with the assistance from the U.S. Attorney’s Office for the Middle District of Alabama and, in particular, Assistant U.S. Attorney Todd Brown.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Lower Brule Woman Sentenced for Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota woman convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on May 15, 2013 by U.S. District Judge Roberto A. Lange.
Lauren LaRoche, age 24, was sentenced to 12 months of imprisonment, 6 months of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
LaRoche was indicted by a federal grand jury on March 13, 2013. She pled guilty to an Information on May 15, 2013. The charge stems from an incident on February 8, 2013 wherein LaRoche, and her brother, Marty LaRoche, who has pled guilty and is awaiting sentencing, both did forcibly assault, resist, oppose, impede, intimidate, and interfere with a federal officer while the officer was engaged in the performance of his official duties.
LaRoche also pled guilty to a Petition to Revoke Supervised Release and was sentenced to 5 months of imprisonment to be served consecutively with the above sentence. That charge stems from a previous conviction regarding an original offense of Possession of a Controlled Firearm, for which she was sentenced to 18 months in custody and 2 years of supervised release.
The investigation was conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
LaRoche was immediately turned over to the custody of the U.S. Marshals Service.
Laredoan Convicted in International Cocaine ConspiracyRead the Press Release
Laredo, Texas – Carlos Alberto Gonzalez, 36, of Laredo, has been convicted of conspiracies to possess five kilograms or more of cocaine with the intent to distribute and international money laundering, United States Attorney Kenneth Magidson announced today.
A sealed indictment was returned by a grand jury on Nov. 6, 2012, which alleged a drug trafficking organization transported more than 200 kilograms of cocaine from 2010 to 2011, much of which was intercepted by authorities en route to Dallas. According to court documents, Gonzalez introduced a Drug Enforcement Administration (DEA) undercover agent to the source of supply in Mexico and assisted in the coordination efforts of the organization.
Gonzalez admitted he assisted in the transportation of drugs from Mexico to Dallas and the surrounding areas. He also pleaded guilty to conspiracy to commit international money laundering, admitting to the attempted transportation of $1,479,660 and a sub-machine gun with a suppressor from Atlanta, Ga., Nuevo Laredo, Mexico.
U.S. District Judge Diana Saldaña, who accepted the guilty plea today, has set sentencing for a date to be determined the future. At that time, Gonzalez faces a mandatory minimum sentence of 10 years and up to life in prison as well as a $10 million fine for the drug conspiracy and up to 20 years and a substantial fine for conspiracy to commit international money laundering. The United States is also seeking a money judgment in the amount of $5,303,660 based on the amount of cocaine and money transported by the organization during the span of the conspiracy.
The case is the result of a four-year Organized Crime Drug Enforcement Task Force investigation dubbed Operation Roadblock led by the DEA with the assistance of Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Marshals Service. Assistant United States Attorneys James Hepburn and Elizabeth Rabe are handling the case.
Jury Convicts Massachusetts State Trooper for Extorting and Threatening Local BettorRead the Press Release
BOSTON - A federal jury in Boston today convicted a Massachusetts State Police Trooper for extorting and threatening a local bettor.
The jury, which deliberated over two days, convicted John Analetto, 49, of Belmont, on one count of extortion specific to a threatening phone call he made to a bettor in the gambling business. The jury was hung on the other count of extortion.From October through December 2011, Analetto loaned money to a local bookmaker, who was a cooperating witness for the government. After learning of the bookmaker’s outstanding debts to loansharks, Analetto loaned him money in exchange for a percentage of his gambling business. Analetto loaned the bookie a total of $24,000 for these purposes and established the repayment terms as $500 principal return per week, plus interest return on the bookmaker’s gambling profits.
In various recorded meetings in December 2011, Analetto made threats in connection with the gambling business to both the cooperating witness and another bettor. Specifically on Dec. 30, 2011, Analetto made a threatening phone call to a bettor, which was video recorded. The jury also heard a voice mail message received by the bettor, in which Analetto tells him that he must pay his debt or, “2012 isn’t going to be too good for you.”
Analetto has been in custody since his arrest on Dec. 31, 2011. He faces the maximum statutory penalty of up to 20 years in prison, to be followed by three years of supervised release and a $250,000 fine. A sentencing date has not yet been set.
United States Attorney Carmen M. Ortiz, Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Office and Colonel Timothy Alben, Superintendent of the Massachusetts State Police made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Eugenia M. Carris of Ortiz’s Public Corruption and Special Prosecutions Unit.
Joseph Christopher Birdtail Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on May 16, 2013, before U.S. Magistrate Judge Keith Strong, JOSEPH CHRISTOPHER BIRDTAIL, a 36-year-old resident of Harlem and an enrolled member of a federally recognized Indian tribe, pled guilty to abusive sexual contact. Sentencing has been set for August 27, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On Friday, June 22, 2012, BIRDTAIL sexually abused an approximately one-and-a-half years old child. The child was taken to an emergency room where a doctor confirmed that the victim had been sexually abused.
BIRDTAIL was interviewed and admitted that he had abused the victim.
The crime occurred on the Fort Belknap Indian Reservation.
BIRDTAIL faces possible penalties of life in prison, a $250,000 fine and lifetime supervision.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Belknap Tribes Law Enforcement.
Joscayne Denny Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on May 16, 2013, before U.S. Magistrate Judge Keith Strong, JOSCAYNE DENNY, a 33-year-old resident of Box Elder, pled guilty to distribution of a controlled substance. Sentencing has been set for August 16, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On March 30, 2012, DENNY knowingly gave two girls methamphetamine. Both girls smoked the methamphetamine out of a broken lightbulb. One girl was taken to the Northern Montana Hospital shortly after she ingested the methamphetamine. A toxicology report showed amphetamine was in her system.
DENNY faces possible penalties of 20 years in prison, a $1,000,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Iowa Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Radcliffe, Iowa man charged with Failure to Pay Legal Child Support was sentenced on May 13, 2013 by U.S. District Judge Karen E. Schreier.
Leroy R. Boster, age 36, was sentenced to six months’ home confinement, 5 years of probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $36,479.24.
Boster was indicted on two counts of failing to pay past due child support by a federal grand jury on June 8, 2011. He was ordered by the Third Judicial Circuit Court, Beadle County, to pay $150.00 per month to a custodial parent for his minor child, commencing April 1, 2000. The support amount was subsequently modified to $156.00 per month commencing January 1, 2007. At the time of indictment, he had not made a child support payment since December of 2009, and the total arrearage amount owed to that custodial parent was $18,423.94.
In addition, he was ordered by the Second Judicial Circuit Court, Minnehaha County, to pay $141.00 per month to another custodial parent for his minor child, commencing January 1, 1997. The same order entered a judgment in the amount of $1,569.00 for past due support and DNA tests. At the time of indictment, he had not made a child support payment since December of 2009, and the total arrearage amount owed to that custodial parent was $15,274.64. He pled guilty to the charge on May 13, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright prosecuted the case.
Individual Sentenced to 57 Months in Prison for ID Fraud and Impersonating an OSHA Official in Wake of Gulf Oil SpillRead the Press Release
Connie M. Knight, 47, previously of Belle Chasse, La., was sentenced to serve 57 months in prison in New Orleans federal court late yesterday for providing fraudulent hazardous waste safety training in the wake of the Deepwater Horizon explosion and spill, announced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division, and Dana Boente, U.S. Attorney for the Eastern District of Louisiana. In addition, Ms. Knight was ordered to pay victim restitution in the amount of $25,300.
“On the heels of the largest environmental disaster in U.S. history, Knight illegally profited from a community already suffering from the impacts of the oil spill by impersonating a federal official and raising false hopes for employment. For that she is being held accountable to the fullest extent of the law,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division. “The Department of Justice is committed to environmental justice and will vigorously prosecute those who victimize vulnerable communities.”
“Knight took advantage of an environmental disaster and the resulting vulnerabilities of an immigrant community,” said U.S. Attorney Boente. “Her callous crime focused on her financial gain, ignoring the potential harm to the restoration of the Louisiana coastal region.”
On Jan. 24, 2013, Knight pleaded guilty to three felony criminal charges and one misdemeanor criminal charge for creating false identification documents and impersonating a federal official. Court documents explained how, in the wake of the Deepwater Horizon oil spill, Knight impersonated a high-ranking Occupational Safety and Health Administration (OSHA) hazardous waste safety instructor and inspector in order to collect money from individuals who hoped to work on the cleanup effort that followed the spill. Knight created and used multiple false federal identifications to bolster her credibility as an OSHA employee and to convince attendees, who were primarily from the Southeast Asian fishing community, that she could ensure them lucrative employment cleaning the spill. In reality, Knight did not have any connection to OSHA, to the cleanup effort, nor did she have training in hazardous waste safety.
Daniel R. Petrole, Deputy Inspector General for the U.S. Department of Labor’s Office of Inspector General stated, “Today’s sentencing sends a strong message to those who would intentionally engage in fraudulent activity that compromises the integrity of the Department of Labor’s OSHA program.”
“The defendant not only defrauded people who were desperate for jobs, but also created a risk that poorly trained workers could expose both themselves and the public to hazardous waste that was improperly handled or cleaned up,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance.
Knight claimed her classes satisfied the various safety requirements that all individuals were to complete in order to be employed at a Deepwater Horizon hazardous waste cleanup site. Her fraudulent classes, however, lasted as little as two hours, while the legitimate certifications would take at least six days of classroom training followed by three days of on-site training. At least some attendees later gained access to hazardous waste cleanup sites based on the fraudulent certifications created by Knight.
“OSHA will not tolerate fraudulent training or unscrupulous activity when workers' health and lives may be at stake,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Inadequate training jeopardizes the safety and health of workers cleaning up hazardous waste sites.”
At the sentencing, Federal District Court Judge Lance Africk considered statements from victims who recounted how Knight targeted the Southeast Asian fishing communities in southern Louisiana, many of whom did not speak or read English. Court documents explained that because many shrimp grounds were closed from the time of the spill through late 2010, Gulf fishermen had to seek other means of employment. To gain access to these fishermen and their families, Knight convinced young bilingual individuals from Southern Louisiana, who believed her to be an OSHA trainer, that she could be a source of employment for their struggling communities. She then used those individuals to publicize her trainings throughout the Vietnamese, Cambodian and Laotian neighborhoods.
According to court documents, Knight required each attendee to pay between $150 and $300 cash to enter a class, and there were at least 950 victims in the Eastern District of Louisiana. After a short presentation in English, Knight would provide false completion certifications and tell attendees to ready their vessels for BP cleanup work, which she claimed would be coming any day.
This case was investigated by the U.S. Department of Labor Office of Inspector General and the U.S. Environmental Protection Agency Criminal Investigation Division, with assistance from the Occupational Safety and Health Administration, the FBI, investigators from the Florida Fish and Wildlife Conservation Commission and the Plaquemines Parish, La., Sheriff’s office.
The case was prosecuted by Patrick M. Duggan of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Emily K. Greenfield of the U.S. Attorney’s Office for the Eastern District of Louisiana.
Indictment Charging Eight York City Men Affilliated with the Latin Kings Street Gang with Drug Trafficking UnsealedRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced the unsealing of an indictment returned by a federal grand jury in Harrisburg on April 17 charging eight men affiliated with the Latin Kings street gang for drug trafficking in York City. The indictment was unsealed today following the arrests and initial appearances.
According to United States Attorney Peter J. Smith, the indictment resulted from a two-year investigation by the Pennsylvania State Police and the York County Drug Task Force, with the assistance of the Federal Bureau of Investigation. In that investigation, hundreds of purchases of heroin, cocaine, and crack cocaine were made from dozens of individuals affiliated with the Latin Kings street gang. That investigation resulted in the arrest of dozens of individuals in a sweep that began on February 6, 2013, in York County.
The United States Attorney’s Office indicted the following individuals for their role in this larger drug trafficking conspiracy: August Ranalli, age 31; Marcus Garcia, age 26; David Ramsey, age 31; Antonio Navaro-Garcia, age 21; Brandon Jones, age 24; Michael Enriquez, age 28; Daniel Pacheco-Morales, age 41; and Carlos Martinez-Villalongo, age 36. All of the defendants are from York, Pennsylvania.
An indictment of August Ranalli was originally returned on December 12, 2012, in which he was charged with crack cocaine distribution. This superseding indictment, which was returned on April 17, 2013, expanded the time period of the drug trafficking activities, included heroin and cocaine, as well as charging seven other co-conspirators.
Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio and Special Assistant United States Attorney David Sunday from the York County District Attorney’s Office.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In these particular cases, the maximum penalty under the federal statute is life imprisonment for the defendants and a term of supervised release following imprisonment and a fine. Each defendant also faces a mandatory minimum period of incarceration of ten years. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
* * * *Heroin Found in Luggage at IAH Lands Mexican Woman in Federal PrisonRead the Press Release
HOUSTON – Yessica Chanel Cabanillas-Torres has been ordered to prison after smuggling nearly two kilograms of heroin in her luggage as she arrived at George Bush-Intercontinental Airport (IAH) from Ecuador, United States Attorney Kenneth Magidson announced today.Cabanillas-Torres, 21, of Sonora, Mexico pleaded guilty to conspiracy to possess with the intent to distribute heroin Feb. 7, 2013.
Today, United States District Judge Gray H. Miller, who accepted the guilty plea, handed Cabanillas-Torres a term of 36 months in federal prison. Cabanillas-Torres is expected to face deportation proceedings following her release from prison.
At the hearing, Cabanillas-Torres admitted that on Oct. 4, 2012, she arrived at IAH as a passenger aboard a flight from Quito, Ecuador. Her ticket indicated she was continuing her travel through Houston to Newark, N.J. Upon her arrival at IAH, Customs and Border Protection (CBP) officers questioned Cabanillas-Torres about her reasons for visiting the United States and examined her and her luggage for potentially prohibited items or contraband.
During the examination, she presented herself and two hard-sided suitcases to CBP officers for examination. Officers removed the contents of the suitcases and noticed the suitcases seemed to be unusually heavy. Officers then x-rayed the two suitcases at which time anomalies were discovered along the inner frame of each bag. Based on these anomalies and the weight of the suitcases, officers drilled into the two suitcases and discovered a brown powdery substance within the walls of each suitcase which field tested positive for the presence of heroin. Officers then dismantled one of the suitcases and found several small bundles of heroin inside with a gross weight of approximately 1.2 kilograms. Officers then left the second suitcase intact and sent it to the CBP forensic laboratory to be disassembled in order to remove the suspected heroin inside. The second suitcase was also found to contain bundles of heroin and packaged in a similar fashion to the first suitcase. The total amount of heroin found was approximately 1.934 kilograms with a purity of approximately 82.7%
Cabanillas-Torres indicated she had been hired by an individual in Mexico to transport luggage from Quito to Newark in exchange for $4,000. She stated she did not know the identity of the person in Newark to whom she was supposed to deliver the luggage, but knew the luggage contained drugs and was intending to deliver these suitcases to another person in the U.S.
Cabanillas-Torres will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was investigated by Homeland Security Investigations and CBP. Assistant United States Attorney Arthur R. Jones is prosecuting the case.
Hanover Man Sentenced to 18 Months in Federal Prison for Fraud Scheme Involving EBay SalesRead the Press Release
ROCKFORD — A Hanover, Ill. man was sentenced today by U.S. District Judge Philip G. Reinhard in federal court in Rockford for wire fraud. ANTHONY F. DEFILIPPO, 56, of Hanover, was sentenced to 18 months imprisonment, to be followed by 3 years of supervised release, 9 months of which DeFilippo must spend in home confinement, in addition to restitution in the amount of $53,664.61. DeFilippo pled guilty to wire fraud on Nov. 21, 2012, admitting that from 2009 to 2011 he devised and engaged in a scheme to defraud and obtain money, funds, and property from Wal-Mart.com, Inc., credit card issuers, and credit card holders by means of materially false and fraudulent pretenses, representations, and promises.
According to the written plea agreement, DeFilippo admitted that he used his eBay account to sell various types of merchandise, such as vacuum cleaners and sewing machines, that another participant in the scheme then fraudulently obtained from Wal-Mart.com, Inc. through the unauthorized use of names and credit cards numbers of other credit cardholders. The merchandise was then shipped to the address of the person that had purchased the item through DeFilippo’s eBay account, but containing the name of the victim credit cardholder. DeFilippo further admitted that he arranged for the money eBay received from the eBay buyers to be paid to DeFilippo through PayPal debit cards. DeFilippo periodically withdrew money from the debit cards, keeping a portion for himself and sending the rest to other persons, including persons in foreign countries such as the Ukraine.
The sentencing was announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois; Frank Benedetto, Special Agent-in-Charge of the Chicago Field Office of the U.S. Secret Service; Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Hiram Grau, Director of the Illinois State Police.
The government was represented by Assistant U.S. Attorney Michael D. Love.
Graves County, Kentucky Resident Ordered to Pay $2,500 Fine and Receives Two Year Migratory Birds Hunting BanRead the Press Release
– Baited mourning doves for hunting
PADUCAH, Ky. – A Graves County, Kentucky, resident was sentenced by United States Magistrate Judge Lanny King, pursuant to a plea agreement, to pay a $2,500 fine, and $35 in special penalty assessments, for baiting and hunting mourning doves, announced United States Attorney David J. Hale. Judge King also sentenced Michael D. Cartwright, age 63, as a condition of probation, to not hunt migratory birds in the United States for a period of two years.
Cartwright pleaded guilty and was sentenced on May 16, 2013, to two counts of violating the Migratory Bird Treaty Act, a Federal wildlife statute which protects migratory birds and regulates the hunting of migratory game birds. Cartwright was charged with placing millet and milo seed, on a field and land adjacent to the field, for the purpose of luring mourning doves and for hunting mourning doves over bait. The investigation by a Kentucky Conservation officer, documented that on August 25, 2012, millet and milo grass seed were present on the Cartwright farm, located in Sedalia, Kentucky, in order to attract migratory game birds. The investigating officer returned on August 29, 2012, and documented that the seed had been disked into the soil, in the field used for the annual dove hunt. Cartwright admitted that he had concealed the bait prior to the dove hunt.
The case was prosecuted by Assistant United States Attorney Randy Ream, and it was investigated by the Kentucky Department of Fish and Wildlife Resources and the U.S. Fish & Wildlife Service.
Georgia Man Indicted on Federal Gun Trafficking ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a three-count indictment charging Liddon Young, 31, of Stone Mountain, Georgia with conspiracy to unlawfully deal firearms without a license and unlawfully dealing in firearms without a license, as well as selling firearms to a convicted felon. The charges carry a maximum sentence of 20 years in prison, a fine of $750,000 fine or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the indictment, between August 2012 and February 6, 2013, Young conspired with convicted felon Paul Davis to unlawfully traffic firearms from the Atlanta, Georgia area to Rochester. The Indictment alleges that Davis traveled to the Atlanta, Georgia area and obtained multiple firearms and rounds of ammunition from Liddon Young for illegal re-sale on the black market in Rochester. Davis then transported the firearms and ammunition by vehicle himself, or arranged their vehicular transportation by others to. Young himself also transported firearms from Georgia to Rochester, where he sold firearms and rounds of ammunition to felons. The indictment also alleges that Davis and others deposited money into a bank account in Young’s name as payment for the firearms.
Davis was arrested February 6, 2013 after selling a Georgia pistol to a confidential informant. Multiple federal search warrants executed resulted in the seizure of 10 additional firearms and hundreds of rounds of ammunition. Young was arrested in Rochester on February 8, 2013 in possession of a loaded .380 caliber pistol.
Paul Davis was convicted on gun charges in April 2012 and is awaiting sentencing.
“Working with our law enforcement partners, this Office will continue to target the black market pipelines which funnel illegal firearms into our community,” said U.S. Attorney Hochul. “In addition, we will work equally as hard to keep guns out of the hands of convicted felons.”
The indictment is the culmination of an investigation on the part of on the part of Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Joseph Anarumo and the Rochester Police Department, under the direction of Chief James Sheppard.
Gang Leader Sentenced for Multiple Armed Home InvasionsRead the Press Release
Defendant’s Continuous Violent Actions Draws Over 78-Year Prison Sentence
Corey Lamont Lanier a/k/a Foot, 34, of Nashville, was sentenced yesterday by Chief U.S. District Judge William Haynes to 946 months (78 years and 10 months) in prison, announced David Rivera, Acting U.S. Attorney for the Middle District of Tennessee and Jeff Fulton, Special Agent in Charge the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Nashville Field Division. Lanier was found guilty in December 2012 by a federal jury for his role in planning and carrying out three armed home invasion robberies.“This defendant carried out violent armed home invasions, targeting drug dealers with impunity,” said Acting U.S. Attorney David Rivera. His crimes endangered others and are the type of crimes that can lead to completely innocent people being killed. This sentence ends the violence.”
Jeff Fulton, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives, said “ATF will remain vigilant in aggressively investigating violent criminals within the City of Nashville who utilize firearms to endanger the safety of our citizens.”
Lanier was convicted on three counts of conspiring to commit robberies affecting interstate commerce, as well as three counts of brandishing a firearm during these crimes.
According to evidence presented at trial, Lanier was an “OG” (Original Gangster) - the highest rank in the 98 Mafia Crips street gang. Lanier organized and participated in three armed home invasions that occurred in Nashville in 2009. Each home invasion targeted a location or individual suspected by Lanier and his co-conspirators to be involved in narcotics trafficking. During each instance, a group of three to four armed assailants burst into a home and held those present at gunpoint while demanding drugs and drug proceeds. During two of these robberies, young children were present when armed assailants kicked down the door, burst into the home, and threatened to kill the residents inside.
On November 17, 2009, Metropolitan Nashville Police Officers, including the SWAT Team, responded to the third home invasion and arrested the assailants, who had conspired with Lanier to commit the robbery. Multiple firearms used in the home invasions were recovered. Lanier was not present at the scene of that home invasion, and was later arrested and charged with these offenses as a result of the local and federal investigation.
After his conviction and while pending sentencing, Lanier had another person create a Facebook page which included the government’s witness list with photographs of some of the victims and witnesses who Lanier described as “rats.”
At sentencing, Chief Judge Haynes found that Lanier used electronic media to “malign, harass, and intimidate government witnesses,” that Lanier’s actions posed a “particularly serious threat to these victims and witnesses” especially in light of Lanier’s status as a significant gang leader, and that Lanier continued pursuing “violent actions to terrorize people even after trial.”
The court also found Lanier to be a career offender, with prior felony convictions which included a prior robbery conviction.Based partly on Lanier’s continuing harassment and intimidation of victims and witnesses, and Chief Judge Haynes’ finding that Lanier committed “particularly egregious violent offenses which affected the victims in a horrifically emotional way,” Chief Judge Haynes denied Lanier’s request for leniency and instead imposed the maximum sentence within the Federal Sentencing Guidelines. The sentence also prohibited Lanier from contacting any of the victims, including through the Internet. Since there is no parole from federal sentences, Lanier will likely serve the rest of his life in federal prison.
The investigation was conducted by the ATF and the Metropolitan Nashville Police Department. Assistant U.S. Attorneys Sunny A.M. Koshy and William F. Abely prosecuted the case.
Former University Community Hospital Staff Member Sentenced for Tax Fraud and Aggravated Identity TheftRead the Press Release
Tampa, Florida - U.S. District Judge Virginia M. Hernandez Covington yesterday sentenced Tanya Cullens to three years and three months in federal prison for conspiracy to commit tax fraud and aggravated identity theft. As part of the sentence, the court also entered a forfeiture money judgment in the amount of $44,080.00, which constitutes the proceeds of the tax fraud conspiracy. In addition, the court ordered Cullens to pay $85,055.00 in restitution to the Internal Revenue Service and Jabil Circuit, Inc. for a separate fraud offense. Cullens pleaded guilty on February 12, 2013.
According to court documents, in 2012, Cullens was a member of the cleaning staff at University Community Hospital. On January 17, 2012, she stole a patient list from the hospital. This list contained 48 patient names, dates of birth, and social security numbers of persons treated at University Community Hospital on that same date. Shortly after stealing the patient list from the hospital, Cullens provided the list to her friend and co-conspirator, Alesia Spivey, who used the list to file fraudulent tax returns with the IRS. None of the individuals whose names, dates of birth, and social security numbers appeared on these fraudulent tax returns knew that the conspirators were filing tax returns on their behalf. In total, ten fraudulent tax returns filed by the conspirators claimed approximately $79,204.00 in false tax refunds. Ultimately, the IRS paid out $44,080.00 in refunds to the conspirators.
Alesia Spivey pleaded guilty to her role in the conspiracy in December 2012. She is scheduled to be sentenced on June 19, 2013.
In the year prior to this offense, Cullens was involved in a scheme to defraud Jabil Circuit, Inc. On three occasions during the course of this unrelated fraud conspiracy, Cullens pretended to be an employee of Jabil Circuit for the purposes of convincing Jabil Circuit's relocation benefits contractor to send three lump sum payments to bank accounts controlled by Cullens. These lump sum payments were for false moving expenses that were never incurred by Cullens or any employee of Jabil Circuit. In all, Jabil Circuit suffered a loss of $40,975.00 due to the wire fraud scheme perpetrated by Cullens and Spivey.
This case was investigated by the Internal Revenue Service - Criminal Investigation and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Simon Gaugush.
Former Owner of Spring Hill Construction Companysentenced to 36 Months in PrisonRead the Press Release
Stephen McLaughlin, 46, of Pelham, New Hampshire, former owner of EquipLinq, Co., a Spring Hill construction equipment company, was sentenced on May 13, 2013, by U.S. District Court Judge Todd J. Campbell to serve 36 months in prison, following his conviction on February 8, 2013, of two counts of wire fraud and one count of aggravated identity theft, announced David Rivera, Acting U.S. Attorney for the Middle District of Tennessee.
According to testimony presented at trial, on at least four occasions while serving as the president of EquipLinq, McLaughlin forged the signatures of EquipLinq investors and customers on false documents that he used to secure financing for the company’s purchase and/or lease of construction equipment inventory. Through his fraudulent activities, McLaughlin investors and creditors were defrauded of more than $100,000.
“Identity theft in various forms, is one of the fastest growing crimes in the United States and is a part of almost every financial crime,” said Acting U.S. Attorney David Rivera. “The U.S. Attorney’s Office is committed to working diligently with our law enforcement partners to prosecute those who commit fraud using theft and those who prey on the unsuspecting public.”
“This sentence validates the FBI’s commitment to relentlessly pursue those who use identity theft to prey on unsuspecting victims and to defraud lenders,” said Gregory W. Bowden, Acting Special Agent in Charge of the Memphis Division of the Federal Bureau of Investigation.
This case was investigated by the FBI. The case was prosecuted by Assistant U.S. Attorneys Darryl A. Stewart and Kathryn B. Ward.
Former Henderson County Business Owner Sentenced to 12 Months for Trafficking in Counterfeit GoodsRead the Press Release
OWENSBORO, Ky. – The former owner of Tree Tops business located in Henderson County, Kentucky was sentenced to 12 months and one day, by Chief Judge Joseph H. McKinley, Jr., today in United States District Court, for trafficking in counterfeit goods announced David J. Hale, United States Attorney for the Western District of Kentucky. There is no parole in the federal system.
Yorel Petrie, of Henderson, Kentucky, pleaded guilty on February 20, 2013, to a one count federal indictment returned on September 12, 2012. According to the plea agreement, between January 2008 and October 6, 2009, Petrie, while owner and operator of Tree Tops, trafficked in hats, shoes, and clothes, while knowingly using counterfeit marks to represent trademarks then owned and registered with the U.S. Patent and Trade Mark Office. Examples of the spurious marks the defendant knowingly used, which were identical to or substantially indistinguishable from marks that were then in use and registered for hats, shoes, or clothes include: the Nike “Swoosh” trade mark, the Nike “Jumpman” trademark, the Polo Ralph Lauren “polo by Ralph Lauren” tag, the Major League Baseball Logo, the NBA logo “Jerry West” silhouette, the Ed Hardy stylized cursive logo, and the Lacoste “alligator” logo.
Petrie admitted in court that the purpose of the Tree Tops business was the importation and sale of goods bearing counterfeit trademarks. Further, Petrie admitted that the use of the counterfeit marks and logos was likely to cause confusion and deceive customers.
This case is being prosecuted by Special Assistant United States Attorney Micah R. Reyner and is being investigated by the Federal Bureau of Investigation (FBI).
Former CEO of London-Based Company Pleads Guilty to Federal Charge in $2.1 Million Fraud Scheme-Defendant Used Nearly $1.7 Million of Proceeds to Buy Home in Great Falls, Va.-Read the Press Release
WASHINGTON – Kevin Richard Halligen, 51, an Irish citizen, pled guilty today to wire fraud, a federal charge stemming from a scheme in which he defrauded $2.1 million from a Netherlands-based commodities trading company, announced U.S. Attorney Ronald C. Machen Jr. and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.
Halligen pled guilty to one count of wire fraud, the first of two counts of an indictment that was returned against him in 2009 in the U.S. District Court for the District of Columbia. As part of the plea agreement, the government agreed to dismiss the second count of the indictment, which was a money laundering charge stemming from the same scheme. The charge of wire fraud carries a statutory maximum of 20 years in prison and a fine of up to $250,000. Under federal sentencing guidelines, the parties agreed that Halligen’s likely range would be a prison term of 33 to 41 months and a fine between $7,500 and $75,000.
Under the plea agreement, Halligen also must pay $2.1 million in restitution to the company that was the victim of his scheme.
The Honorable Colleen Kollar-Kotelly scheduled sentencing for June 27, 2013.
The wire fraud charge stems from actions taken by Halligen in 2006 and 2007, when he was the Chief Executive Officer of Red Defence International (RDI), a London-based security consulting and crisis management firm, which was hired by Trafigura Beheer BV (Trafigura), a Netherlands-based international commodities trading company, and its London-based law firm, Waterson Hicks. Trafigura hired RDI as a consultant in crisis management after two Trafigura executives were captured and imprisoned in the Ivory Coast while visiting there for the purpose of determining the company’s next steps to address an environmental issue caused by the leakage of toxic waste material from Trafigura vessels in an Ivory Coast port.
While employed by Trafigura, Halligen claimed to have incurred $2.1 million in expenses related to pursuing a strategy in the United States aimed at convincing the United States to assist in securing the release of the Trafigura executives; in reality, Halligen spent the money on a home in Great Falls, Va., which was to be his personal residence, as well as other personal expenses, according to the government’s evidence.
“This CEO exploited a company desperate to secure the release of its executives from a foreign prison,” said U.S. Attorney Machen. “He conned the company out of $2 million he claimed would be used to support his efforts to rescue them, but instead used the money to buy a six-bedroom mansion. The extradition and imprisonment of this CEO demonstrates the strength of our resolve to prosecute corporate fraud.”
“Instead of assisting in the release of two executives imprisoned in the Ivory Coast, Mr. Halligen utilized the money paid to him to support his own lavish lifestyle,” said Assistant Director in Charge Parlave. “Together with prosecutors, the FBI will continue to pursue individuals who devise schemes to defraud companies of money for services never provided to them.”
According to a Statement of Offense, signed by the defendant as well as the government, at the request of Trafigura, Waterson Hicks hired RDI in October 2006 to help secure the release of two Trafigura executives who were arrested and detained in Abidjan, Ivory Coast. The arrests followed an environmental spill off the coast of Abidjan. Under a contract that took effect in October 2006, RDI was to provide security intelligence and public relations services related to Trafigura’s presence in the Ivory Coast and to assist with facilitating the release of the Trafigura executives. Under the contract with RDI, Waterson Hicks paid RDI and then, in turn, the law firm was reimbursed by Trafigura.
During November 2006, after other efforts to secure the executives’ release proved unsuccessful, Halligen suggested that the U.S. government should be involved with facilitating negotiations with the Ivory Coast. His stated strategy was to utilize his contacts in the United States to encourage Ivory Coast officials to release the executives. Halligen said the “American Strategy” would cost an additional $2.1 million, on top of the money RDI already was receiving.
The $2.1 million supposedly was to be used to pay expenses incurred by Halligen in the United States to hire consultants and lobbyists to influence officials in the United States on Trafigura’s behalf. In December 2006, Halligen was informed that the law firm had received the $2.1 million from Trafigura. Then, in January 2007, Halligen told the law firm to wire $2.1 million from their bank account in London to his personal bank account in the United States.
Between November 2006 and January 2007, Halligen traveled to the United States on numerous occasions, claiming to have met with U.S. officials in Washington, D.C., allegedly in furtherance of the “American Strategy.” While in Washington, D.C., he began dating a woman who resided in the area and subsequently became engaged to her.
Halligen gave his fianceé a $2 million budget to find a suitable house in which they would live after their marriage. Shortly thereafter, she found a six-bedroom, 4 ½-bathroom residence in Great Falls, Va. On Jan. 11, 2007 - the day after $2.1 million was wired to Halligen’s personal bank account for the American strategy - Halligen wired nearly $1.7 million from his account to complete the purchase of the Great Falls residence.
None of the proceeds from the $2.1 million payment from Waterson Hicks to RDI were ever directed toward reimbursement of expenses related to the “American Strategy.” In addition to spending nearly $1.7 million on the purchase of the Great Falls residence, the rest of the money was spent on other personal expenses.
The Trafigura executives ultimately were released in February 2007.
At the time of his indictment in November 2009, Halligen was no longer residing in the United States. On Nov. 25, 2009, he was arrested at a hotel in Oxford, the United Kingdom, so that he could be extradited to the United States. At the time of his arrest, Halligen was using an alias. Subsequent to his arrest in the United Kingdom, Halligen litigated issues surrounding his extradition to the United States. He ultimately was extradited in December 2012.
Halligen was incarcerated in the United Kingdom from the date of his arrest in November 2009 until his extradition in December 2012. When he was presented for his initial appearance in the United States District Court for the District of Columbia, in December 2012, he was ordered to be held without bond and he has been incarcerated since that time. Halligen will continue to be incarcerated while he awaits his sentencing date.
In announcing the plea, U.S. Attorney Machen and Assistant Director in Charge Parlave commended the work of the Special Agents from the FBI’s Washington Field Office who handled the case. They also expressed appreciation to those who worked on the case for the U.S. Attorney’s Office, including paralegals Donna Galindo, Tasha Harris, and Krishawn Graham. Finally, they commended the efforts of Assistant U.S. Attorneys Maia L. Miller and Matt Graves, who are prosecuting the case, and former Assistant U.S. Attorney Vasu Muthyala who investigated the matter.
13-173Former Alexandria Doctor Receives 70 Months in Prison for Conspiring to Distribute OxycodoneRead the Press Release
ALEXANDRIA, Va. – Larren Wade, 55, of Venice, Fl., a former doctor who had a medical practice in Alexandria, Va., was sentenced to 70 months in prison, followed by 3 years of supervised release for conspiring to distribute oxycodone.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; Karl C. Colder, Special Agent in Charge for Drug Enforcement Administration (DEA)’s Washington Field Division; Earl Cook, Alexandria Chief of Police; and Colonel W. Steven Flaherty, Virginia State Police Superintendent, made the announcement after the sentenced was pronounced by United States District Judge Claude M. Hilton.
According to court documents, Wade admitted that between March and July 2010, he issued thousands of prescriptions for pain medications, sometimes exceeding 2,000 pills per patient each month. Wade frequently issued these prescriptions without conducting a physical examination, without reviewing prior medical records, and without establishing a treatment plan. During this time, Wade also operated an almost strictly cash business and would typically see between 30 and 50 patients per day, but in at least one instance saw more than 100 patients in a single day and collected nearly $10,000 in cash.
Court records indicate that Wade was the subject of an undercover operation by law enforcement officials, and he issued numerous prescriptions for oxycodone to two undercover officers for no legitimate medical purpose. In addition, the undercover officers asked if they could obtain a prescription for a “friend” who did not exist. As a part of the conspiracy, two prescriptions for oxycodone were written for the fictitious patient after an $85 office visit fee was paid. After the transaction was completed, Wade created a patient file for the fictitious patient.
Oxycodone is the active ingredient in brand name pills such as OxyContin, Roxicodone and Percocet. It is a Schedule II controlled substance and can be useful in assisting with pain management issues; however, it has a high potential for abuse and abuse of the drug can lead to severe psychological or physical dependence.
This case was investigated by the DEA’s Washington Field Division, FBI’s Washington Field Office, Virginia State Police, and the Alexandria Police Department. Special Assistant United States Attorneys Stacey Luck and Elizabeth N. Eriksen are prosecuting the case on behalf of the United States.
This case is part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Cotton Candy, which has been focusing on the illegal distribution by numerous doctors, pharmacists, nurses, and patients of pain medication. This OCDETF matter has secured more than 200 drug-trafficking convictions and guilty pleas.
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.Florida Woman Indicted on Conspiracy for Role in Bringing 143 Haitian Nationals to the United States on Fraudulently Obtained Guest Worker VisasRead the Press Release
Today, a federal judge unsealed a three-count indictment returned by a grand jury in the Southern District of Florida charging Jetta McPhee, 59, of Tamarac, Fla., for her role in bringing 143 Haitian nationals to the United States on fraudulently obtained guest worker visas that McPhee and her co-conspirator secured based on false representations that there were jobs awaiting those workers.
The indictment alleges that from April 2008 to July 2009, McPhee conspired with Marie Nicole Dorval to commit visa fraud by making false representations to the federal government about the availability of construction jobs in order to secure H-2B guest worker visas for Haitian nationals. Dorval previously pleaded guilty to visa fraud conspiracy in connection with her role in the scheme. According to the indictment, McPhee prepared a fraudulent contract falsely representing that an American company needed 150 full-time construction workers for 10 months at an hourly wage of $8.42. McPhee and her co-conspirator then submitted this fraudulent contract to the U.S. Department of Labor and to U.S. Citizenship and Immigration Services in connection with their application for the H-2B guest worker visas.
According to the indictment, McPhee and her co-conspirator recruited workers in Haiti, promising them full-time employment and other benefits, including the possibility of obtaining permanent residency, and charged the workers fees for the employment opportunity. The indictment alleges that after several recruits were denied visas, McPhee traveled to the U.S. embassy in Port-au-Prince, Haiti to facilitate approval of the visas based on the false representations of available construction jobs. According to the indictment, 143 Haitian nationals ultimately entered the U.S. on guest worker visas the co-conspirators obtained based on the false representations. When the workers arrived, there were no jobs for them.
The indictment charges McPhee with one count of conspiracy to commit visa fraud, and two counts of visa fraud for aiding and abetting the presentation of fraudulent documents to the U.S. Department of Labor and to the U.S. Citizenship and Immigration Services.
If convicted, McPhee could face a maximum sentence of five years in prison and a fine of $250,000 on the conspiracy charge, and 10 years in prison and a fine of $250,000 on each of the two visa fraud charges.
This case is being investigated by the Department of Homeland Security, Homeland Security Investigations, and the Department of Labor Office of the Inspector General. The case is being prosecuted by Trial Attorneys Chiraag Bains and Roy Conn from the Justice Department’s Civil Rights Division.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
Federal Jury Convicts Clay County Man for Dealing MethamphetamineRead the Press Release
Late WV State Police members Corporal Marshall Bailey and Trooper Eric Workman played pivotal role in building case against known meth dealer
CHARLESTON, W.Va. – A Clay County man faces a mandatory minimum of 20 years in prison after a federal jury sitting in Charleston convicted him on May 16 of methamphetamine distribution, announced U.S. Attorney Booth Goodwin. Raymond Hersman, 47, of Wallback, Clay County, W.Va., was found guilty of possession with intent to distribute 50 grams or more of methamphetamine. Hersman was charged in a one-count superseding indictment in April.
U.S. Attorney Booth Goodwin said, “This is perhaps the last investigation on which the late Trooper Eric Workman and the late Corporal Marshall Bailey worked. The work of these heroes paid off yet again with another bad guy behind bars. It's also worth noting that this is National Police Week--a time to honor all of our men and women in uniform for their sacrifices and to honor those who, like Corporal Bailey and Trooper Workman, made the ultimate sacrifice to keep our communities safe.”
Evidence at trial proved that on September 22, 2012, Hersman possessed and intended to distribute approximately 400 grams of actual methamphetamine near Gauley Bridge in Fayette County.
According to evidence revealed during the three-day trial, law enforcement agents began investigating Hersman’s suspected meth distribution scheme in and around Clay County in August 2012. At the time, agents were aided in the investigation by West Virginia State Troopers Cpl. Marshall Bailey and Trooper Eric Workman. Troopers Bailey and Workman, both of whom patrolled the Clay County area, provided essential details to fellow law enforcement agents which outlined Hersman’s methamphetamine operation in August 2012. The information provided by Bailey and Workman assisted the investigation and culminated with the conviction of Hersman yesterday.
Cpl. Marshall Bailey and Trooper Eric Workman were shot and killed in the line of duty following a traffic stop near Clay County in late August 2012.
Hersman was previously convicted in April 1993 in the United States District Court for the Southern District of West Virginia of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.
Hersman faces a mandatory minimum sentence of 20 years in prison when he is sentenced.
The West Virginia State Police, the Drug Enforcement Administration (DEA), and the Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Assistant United States Attorneys Monica D. Coleman and John Frail handled the prosecution.
Click here to listen to an audio clip provided by U.S. Attorney Booth Goodwin
Eight Killeen Residents Arrested in Connection with Cocaine Distribution OperationRead the Press Release
Federal, state and local authorities have arrested eight individuals in connection with a cocaine distribution operation based in Killeen, Texas, announced United States Attorney Robert Pitman, Federal Bureau of Investigation San Antonio Division Special Agent in Charge Armando Fernandez and Killeen Police Chief Dennis M. Baldwin.
A two-count federal grand jury indictment, returned on Tuesday and unsealed today, charges 31–year-old Cornelius Tywarren Wilson, 29-year-old Christopher Andrew Wilson, 38-year-old Jamel Azar Singleton and 30–year-old Jason Eugene Jackson with one count of conspiracy to possess with intent to distribute cocaine and one count of conspiracy to possess with intent to distribute “crack” cocaine. Bryant Keith Presley, age 28, and Katrie Deshone Simpson, age 30, are also charged in the crack cocaine conspiracy count while 38–year-old Michael Anthony Mango is also charged in the cocaine conspiracy count. The indictment alleges that the defendants have been involved in the cocaine distribution operation since October 2012.
Authorities arrested the indicted defendants yesterday without incident. An eighth individual who was arrested yesterday, 26-year-old Walter Chambers, is charged by criminal complaint with conspiracy to possess with intent to distribute cocaine. According to the affidavit, Chamber’s arrest occurred subsequent to the execution of a search warrant in an apartment in Killeen. During the search, authorities recovered cocaine, crack cocaine and a handgun.
Each charge calls for between five and 40 years in federal prison and a maximum $2 million fine upon conviction. The defendants remain in federal custody pending a detention hearing scheduled for 2:00pm on Tuesday before United States Magistrate Judge Jeffrey C. Manske.
This case resulted from an investigation by the Federal Bureau of Investigation (FBI) together with the Drug Enforcement Administration and the Killeen Police Department. Assistant United States Attorney Sean Condron is prosecuting this case on behalf of the Government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Edgemont Man Pleads Guilty to Making False Unemployment ClaimsRead the Press Release
United States Attorney Brendan V. Johnson announced that Terry M. Beard, age 46, of Edgemont, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy, on May 8, 2013, and pled guilty to False Claim. The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.
Beard was indicted on July 24, 2012 for receiving unemployment insurance benefit payments from the U.S. Railroad Retirement Board when he knew he was not entitled to them.
The investigation was conducted by the U.S. Railroad Retirement Board-Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date will be set. The defendant was released on bond pending sentencing.
Early, Iowa Woman Convicted of Methamphetamine ConspiracyRead the Press Release
A woman who conspired to manufacture and distribute methamphetamine was convicted by a jury May 16, 2013, after a three-day trial in federal court in Sioux City.
Shirley Schmitt, 54, from Early, Iowa, was convicted of one count of conspiracy to manufacture and distribute methamphetamine and one count of possession of pseudoephedrine with intent to manufacture methamphetamine. The verdict was returned following about three hours of jury deliberations.
The evidence at trial showed that Schmitt conspired to manufacture and distribute 50 grams or more of actual (pure) methamphetamine from 2010 through July 2012. According to pseudoephedrine purchase logs obtained in the investigation, starting in July 2010 Schmitt acquired (by purchase or other means) at least 98 grams of pseudoephedrine for the manufacture of methamphetamine. Schmitt also had others obtain at least 400 grams of pseudoephedrine and other items for her to manufacture methamphetamine in exchange for methamphetamine. On June 28, 2012, Schmitt received pseudoephedrine from an undercover law enforcement officer and agreed to manufacture methamphetamine for the officer.
Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Schmitt remains free on bond previously set pending sentencing. On the conspiracy conviction, Schmitt faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a special assessment of $100, and five years up to life of supervised release following any imprisonment. On the possession of pseudoephedrine conviction Schmitt faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a special assessment of $100, and up to three years of supervised release.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Sac County Sheriff’s Office, Buena Vista County Sheriff’s Office, Storm Lake Police Department and Iowa Division of Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4076.
Eagle Butte Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 14, 2013 by U.S. District Judge Roberto A. Lange.
Isiah Mesteth, age 23, was sentenced to 72 months of imprisonment; 2 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund.
Mesteth was indicted by a federal grand jury on September 18, 2012 and pled guilty to the above offense on February 5, 2013.
The charge stems from an incident wherein Mesteth, on October 4, 2011, assaulted his significant other during an argument. Mesteth hit and kicked her in the face and body several times, causing her nose and lips to bleed, as well as bruising and swelling to her face and arms. He also sexually assaulted her in a manner that caused extreme physical pain.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Mesteth was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Pleads Guilty to Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that Frank Hill, age 38, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 14, 2013 and pled guilty to Sexual Abuse of a Person Incapable of Consenting.
The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; at least 5 years and up to life of supervised release, and $100 assessment to the Federal Crime Victims Fund.
The conviction arose from Hill’s sexual assault in November of 2009 of an adult female victim.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for August 8, 2013. Hill will report to the U.S. Marshals Service on May 21, 2013.
Eagle Butte Man Indicted for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury and aiding and abetting both assaults with two other co-defendants.
Martin Garreau, a/k/a Damion Yellow Earrings, age 19, was indicted by a federal grand jury on April 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 15, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment on each count. Restitution may also be ordered.
The charges relate to an alleged incident in which Garreau is accused of assaulting an Eagle Butte man in November 2012 with glass bottles that resulted in serious injury to the victim. The charges are merely accusations, and Garreau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Garreau was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Dupree Man Pleads Guilty to Burglary and AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that William Vandervier, age 26, of Dupree, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 15, 2013 and pled guilty to the Superseding Information that charged him with First Degree Burglary and Simple Assault.
The maximum penalty upon conviction for First Degree Burglary is 25 years of custody, a $250,000 fine, or both; up to 5 years of supervised release; a $100 special assessment; and the Court could order restitution to the victim. The maximum penalty for Simple Assault is 6 months of custody and a $5,000 fine, or both; and a $10 special assessment.
The conviction arose from an incident that occurred in November of 2011 in Dupree, when Vandervier unlawfully entered an occupied structure at night and assaulted an adult female victim with whom he had a previous relationship.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered and a sentencing date was set for August 5, 2013. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
District Man Sentenced to 39 ½-Year Prison Term in 2011 Slaying in Northeast WashingtonDefendant Came to Ex-Girlfriend’s House with Gun, Killed Her Brother and Shot at Her FatherRead the Press Release
WASHINGTON – Brandon Andrews, 31, of Washington, D.C., was sentenced today to 39 ½ years of incarceration on charges stemming from the killing of a man in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Andrews was found guilty in February 2013 by a jury in the Superior Court of the District of Columbia of second-degree murder in the slaying of his ex-girlfriend’s brother, Leonard Bigelow, 43. The jury also found him guilty of a charge of assault with a deadly weapon for shooting at Mr. Bigelow’s father; threats to injure, for threatening his ex-girlfriend, and related weapons offenses. He was sentenced by the Honorable Robert E. Morin.
According to the government’s evidence, Andrews and Mr. Bigelow’s sister dated for approximately 10 months. However, on Aug. 22, 2011, she ended the relationship after Andrews threatened her while they were driving through the District of Columbia.
After the break-up, Andrews repeatedly tried to call and sent text messages to his ex-girlfriend, but she did not respond. Many of the defendant’s text messages included profanity, threats and demands that she answer him. Andrews also went by the Bigelow family home repeatedly, though he was uninvited and unwelcome.
On Aug. 23, 2011, for example, Mr. Bigelow was with his sister at their home when Andrews came by. Andrews and Mr. Bigelow argued when Mr. Bigelow informed Andrews that he was unwelcome and that his sister did not want to talk to him. Andrews’s ex-girlfriend became so concerned about his behavior that she sought a protective order from the Court the following day to keep Andrews away from her and her family.
On Aug. 25, 2011, Andrews demanded his clothing via text messages. The following day, the ex-girlfriend dropped off the clothes on a street corner near a homeless center in the 400 block of Second Street NW, where Andrews stood and resided. She did not give them to Andrews directly because she feared him. Later that day, Andrews sent text messages claiming that the clothes were taken by others before he could retrieve them. He also used profanity and threatened her property and her safety.
On the evening of Aug. 26, 2011, Andrews called and texted his ex-girlfriend multiple times, but she did not respond. Then, Andrews called her home. Mr. Bigelow answered the phone and told Andrews that his sister did not want to see him or speak to him. Andrews declared that he was coming to the home at approximately 10 p.m. Mr. Bigelow said that he would be there.
Andrews arrived about 10:45 p.m. with a loaded semi-automatic pistol in his pocket. He emerged from an alley and into the 1300 block of Emerald Street NE, and walked toward the house. Mr. Bigelow, his sister, and his father saw Andrews coming. Mr. Bigelow went onto the front porch with his father, while his sister called 911. Andrews stopped in front of the house and, without a word, shot at Mr. Bigelow and his father twice. He struck Mr. Bigelow with a bullet in the chest. Andrews then walked back the way he came. Mr. Bigelow collapsed and died that night from the gunshot wound.
On Aug. 27, 2011, law enforcement located Andrews at the corner of Fifth and F Streets NW. When he was arrested, he told the police that he had a gun in his pocket. The police found in his pocket the loaded.25 caliber semi-automatic pistol used to kill Mr. Bigelow.
At trial, Andrews claimed self-defense and alleged, among other claims, that at the time of the shooting Mr. Bigelow charged at him with some type of weapon in his hand. The government strongly disputed Andrews’ claim. According to the government’s evidence, Mr. Bigelow did not have a weapon and did not approach Andrews.
In announcing the sentence, U.S. Attorney Machen commended the work of the detectives and officers of the Criminal Investigations Division and the First District of the Metropolitan Police Department, and the FBI Fugitive Task Force. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Steven Snyder, who secured the indictment in the case, Criminal Investigator John Marsh, Victim Witness Advocate Marcia Rinker, Victim Witness Specialist Katina Adams-Washington, Leif Hickling of the Litigation Technology Unit, and Paralegal Specialist Marian Russell. Finally, he praised the efforts of Assistant U.S. Attorney Shana L. Fulton who tried the case.
13-174District Man and Woman Sentenced to Prison Terms for Their Roles in Killing of 18-Year-Old Latisha FrazierVictim’s Body Was Left in A Dumpster, Never Found; Two Defendants Are Among Seven People Convicted in CaseRead the Press Release
WASHINGTON – Cinthya Proctor, 21, and Laurence Hassan, 24, were sentenced today to prison terms for second-degree murder and other charges in the August 2010 kidnapping and murder of 18-year-old Latisha Frazier, announced U.S. Attorney Ronald C. Machen Jr.
Proctor was sentenced to 21 years of incarceration on charges of second-degree murder, kidnapping and conspiracy to commit evidence tampering. Hassan was sentenced to an 18-year prison term for second-degree murder and kidnapping. Both defendants, of Washington, D.C., were sentenced in the Superior Court of the District of Columbia by the Honorable William M. Jackson. Upon completion of their prison terms, they will be placed on five years of supervised release.
Proctor, who pled guilty in July 2011, and Hassan, who pled guilty in October 2011, are among six defendants who have pled guilty to charges related to the killing. A seventh defendant was found guilty by a jury last month of first-degree felony murder and other charges.
According to the government’s evidence, Proctor and Hassan were part of a group of six young men and women who took part in the murder of Ms. Frazier.
Ms. Frazier vanished on Aug. 2, 2010. For months, her family relentlessly sought to find her, passing out flyers and contacting local news stations to publicize her disappearance. In late January 2011, one witness finally stepped forward and contacted the Metropolitan Police Department, revealing the truth of Ms. Frazier’s whereabouts.
On the day of her disappearance, the government’s evidence showed, Ms. Frazier had been brutally murdered by the group of six men and women (ages 16 to 23), all of whom she believed to be her friends. The group had suspected - with little evidence - that Ms. Frazier had stolen about $900 from one of the men, Johnnie Sweet. He recruited others and exacted a plan of revenge in which they would call her over to an apartment where they claimed to be socializing.
When Ms. Frazier arrived at the apartment in the 1700 block of Trenton Place SE, the group took her to a small bedroom where Sweet and others punched, kicked, and stomped her all over her body. Ignoring her pleas for them to stop, they bound her in duct tape, taped a pillowcase over her head so she could not scream, and shoved her in a small, dark closet. When she screamed and moaned, one of the members of the group placed her in a sleeper hold to “put her to sleep.” Later, the group discovered that she had died.
Upon learning that Ms. Frazier had died, Proctor took part in a discussion about what to do with her body. The initial plan was to dismember the body, put it in a container, and dispose of it in a park. The next day, Proctor joined in an attempt to dismember the body in a bathtub. But she became physically ill and went to a hospital before the body was removed from the apartment. That evening, Ms. Frazier’s body was thrown into a dumpster, and it is now believed to be somewhere in one or two landfills in rural Virginia.
In addition to Proctor and Hassan, those pleading guilty include Brian Gaither, 25, who was sentenced in April 2013 to a 32-year prison term after pleading guilty to first-degree murder; Anneka Nelson, 18, who pled guilty to second-degree murder and kidnapping; Lanee Bell, 19, who pled guilty to kidnapping, and Antoine McCullough, 27, who pled guilty to conspiracy to commit evidence tampering. Except for Gaither, the other defendants are awaiting sentencing.
Sweet, 19, was found guilty by a jury on April 30, 2013, of first-degree felony murder with aggravating circumstances; first-degree premeditated murder with aggravating circumstances; kidnapping, and tampering with physical evidence. The Honorable Russell F. Canan scheduled sentencing for July 11, 2013. Sweet faces a mandatory minimum of 30 years and a maximum of 60 years of incarceration.
In announcing today’s sentences, U.S. Attorney Machen praised the work of those who investigated the case for the Metropolitan Police Department (MPD), including detectives from the Major Case/Cold Case Squad and the Seventh District.
They also expressed appreciation for the efforts of those who handled the case for the U.S. Attorney’s Office, including Larry Grasso of the Criminal Intelligence Unit, Victim/Witness Advocate Marcia Rinker, and Paralegal Specialists Kwasi Fields, Phaylyn Hunt, and Angela Lawrence. Finally, they thanked Assistant U.S. Attorneys Christopher R. Kavanaugh and Melinda Williams, who prosecuted the case.
13-175Defendant Pleads Guilty to Armored Truck RobberyRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and John E. Brooks, Chief, Sunrise Police Department, announced today the guilty plea of defendant Christopher Ferguson, 40, of Plantation, in connection with an armored truck robbery resulting in the theft of $280,000 and a shootout outside the Space Coast Credit Union in Sunrise, Florida.
More specifically, Ferguson pled guilty to the Hobbs Act, in violation of Title 18, United States Code, Section 1951(a). Sentencing has been scheduled for July 29, 2013 at 1:15 p.m. before U.S. District Judge William P. Dimitrouleas. At sentencing, Ferguson faces a maximum statutory sentence of up to twenty (20) years in prison on the robbery count, as well as up to three (3) years of supervised release, up to a $250,000 fine, and mandatory restitution.
As alleged in the Indictment and statements made in court, on January 17, 2013, a Brinks armored truck arrived at the Space Coast Credit Union in Sunrise, Florida to make a delivery of United States currency. As the Brinks courier exited the truck and approached the front door of the bank, two masked subjects exited a stolen white Honda that was parked at the bank. Both subjects thereafter ran toward the courier, one of whom was pointing what appeared to be a handgun directly at the guard. One subject ordered the Brink’s courier to the ground and the courier put his hands up and laid down on the ground. At that point, one robber tried unsuccessfully to take the courier’s firearm while the other subject grabbed a bag belonging to Brinks and destined for delivery to the credit union, which contained approximately $280,000. Moments later, both subjects ran back to the stolen Honda. This entire robbery was recorded on bank surveillance video.
Furthermore, according to statements made in court, as the subjects entered the Honda, the Brinks driver and the courier who had just been robbed, discharged their firearms multiple times at the subjects and their white Honda as they fled the scene. Ultimately, numerous rounds struck and penetrated their vehicle, which exited the bank parking lot. Law enforcement responded to the location of the abandoned Honda and observed that the vehicle had sustained damage from multiple gun shots. A subsequent search of the stolen vehicle revealed the presence of blood located on the driver’s seat and floorboard area. Law enforcement swabbed the blood and submitted the unknown DNA to the FBI Laboratory. Ultimately, the unknown DNA sample was identified as belonging to Christopher Ferguson.
The second robber remains at large. If anyone has information about the whereabouts of the second individual or this investigation, contact the Miami FBI at 305-944-9101.
Mr. Ferrer commended the investigative efforts of the FBI, the Sunrise Police Department, the South Florida Violent Crime Fugitive Task Force and the Broward County Sheriff’s Office. This case is being handled by Assistant U.S. Attorneys Marc Anton and Mark Dispoto.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Davenport Man Sentenced to Thirty Years in Prison After Federal Drug ConvictionRead the Press Release
DAVENPORT, IA - On May 17, 2013, Roscoe Chambers, age 41, from Davenport, Iowa, was sentenced by United States District Court Stephanie M. Rose to 360 months imprisonment, after a jury found him guilty of two counts of distribution of crack cocaine and one count of possession with the intent to distribute crack cocaine, announced United States Attorney Nicholas A. Klinefeldt. Chambers was also ordered to serve eight years of supervised release after release from prison, and to pay $100 towards the Crime Victims Fund.
On June 23, 2012 and June 24, 2012, law enforcement officers conducted two controlled purchases of crack cocaine from Chambers in a Davenport, Iowa, parking lot. On June 23rd, Chambers also expressed interest in purchasing two handguns. Based on these controlled purchases and other investigations, the Davenport, Iowa, Police Department conducted a search of Chambers’ Davenport apartment. From this apartment, officers seized over 70 additional grams of crack cocaine, cash and other items consistent with drug distribution. On January 10, 2013, a jury found Chambers guilty of two counts of distribution of crack cocaine and one count of possession with the intent to distribute. At sentencing, Chambers was found to be a career offender based on two prior convictions for crimes of violence.
This case was investigated by the Drug Enforcement Administration, the Iowa State Patrol, Division of Narcotics Enforcement, and the Davenport Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Connie M. Knight Sentenced to 57 Months in Prison for Id Fraud and Impersonating an Osha Official in Wake of Gulf Oil SpillRead the Press Release
CONNIE M. KNIGHT, 47, previously of Belle Chasse, La., was sentenced to serve 57 months in prison in New Orleans federal court late yesterday for providing fraudulent hazardous waste safety training in the wake of the Deepwater Horizon explosion and spill, announced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division, and Dana Boente, U.S. Attorney for the Eastern District of Louisiana. In addition, KNIGHT was ordered to pay victim restitution in the amount of $25,300.
“On the heels of the largest environmental disaster in U.S. history, KNIGHT illegally profited from a community already suffering from the impacts of the oil spill by impersonating a federal official and raising false hopes for employment. For that she is being held accountable to the fullest extent of the law,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division. “The Department of Justice is committed to environmental justice and will vigorously prosecute those who victimize vulnerable communities.”
“KNIGHT took advantage of an environmental disaster and the resulting vulnerabilities of an immigrant community,” said U.S. Attorney Boente. “Her callous crime focused on her financial gain, ignoring the potential harm to the restoration of the Louisiana coastal region.”
On Jan. 24, 2013, KNIGHT pleaded guilty to three felony criminal charges and one misdemeanor criminal charge for creating false identification documents and impersonating a federal official. Court documents explained how, in the wake of the Deepwater Horizon oil spill, KNIGHT impersonated a high-ranking Occupational Safety and Health Administration (OSHA) hazardous waste safety instructor and inspector in order to collect money from individuals who hoped to work on the cleanup effort that followed the spill. KNIGHT created and used multiple false federal identifications to bolster her credibility as an OSHA employee and to convince attendees, who were primarily from the Southeast Asian fishing community, that she could ensure them lucrative employment cleaning the spill. In reality, KNIGHT did not have any connection to OSHA, to the cleanup effort, nor did she have training in hazardous waste safety.
Daniel R. Petrole, Deputy Inspector General for the U.S. Department of Labor’s Office of Inspector General stated, “Today’s sentencing sends a strong message to those who would intentionally engage in fraudulent activity that compromises the integrity of the Department of Labor’s OSHA program.”
“The defendant not only defrauded people who were desperate for jobs, but also created a risk that poorly trained workers could expose both themselves and the public to hazardous waste that was improperly handled or cleaned up,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance.
KNIGHT claimed her classes satisfied the various safety requirements that all individuals were to complete in order to be employed at a Deepwater Horizon hazardous waste cleanup site. Her fraudulent classes, however, lasted as little as two hours, while the legitimate certifications would take at least six days of classroom training followed by three days of on-site training. At least some attendees later gained access to hazardous waste cleanup sites based on the fraudulent certifications created by KNIGHT.
“OSHA will not tolerate fraudulent training or unscrupulous activity when workers' health and lives may be at stake,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Inadequate training jeopardizes the safety and health of workers cleaning up hazardous waste sites.”
At the sentencing, Federal District Court Judge Lance Africk considered statements from victims who recounted how KNIGHT targeted the Southeast Asian fishing communities in southern Louisiana, many of whom did not speak or read English. Court documents explained that because many shrimp grounds were closed from the time of the spill through late 2010, Gulf fishermen had to seek other means of employment. To gain access to these fishermen and their families, KNIGHT convinced young bilingual individuals from Southern Louisiana, who believed her to be an OSHA trainer, that she could be a source of employment for their struggling communities. She then used those individuals to publicize her trainings throughout the Vietnamese, Cambodian and Laotian neighborhoods.
According to court documents, KNIGHT required each attendee to pay between $150 and $300 cash to enter a class, and there were at least 950 victims in the Eastern District of Louisiana. After a short presentation in English, KNIGHT would provide false completion certifications and tell attendees to ready their vessels for BP cleanup work, which she claimed would be coming any day.
This case was investigated by the U.S. Department of Labor Office of Inspector General and the U.S. Environmental Protection Agency Criminal Investigation Division, with assistance from the Occupational Safety and Health Administration, the FBI, investigators from the Florida Fish and Wildlife Conservation Commission and the Plaquemines Parish, La., Sheriff’s office.
The case was prosecuted by Patrick M. Duggan of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Emily K. Greenfield of the U.S. Attorney’s Office for the Eastern District of Louisiana.
Columbus Man Pleads Guilty to Tweeting Threats Against President of the United StatesRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS – Daniel L. Temple, 36, of Columbus pleaded guilty in United States District Court to one count of threatening the President of the United States.
Carter M. Stewart, U.S. Attorney for the Southern District of Ohio and Mark Porter, Special Agent in Charge, U.S. Secret Service, announced the plea entered today before U.S. Magistrate Judge Norah McCann King.
According to court documents, on March 24, 2013, the Columbus office of the U.S. Secret Service received a notification that an individual had posted messages on the internet site Twitter.com in which the individual had repeatedly indicated they intended to kill the President of the United States. The notification detailed that the threats were posted via two separate addresses.
Secret Service agents responded to one of the residential addresses which was in Westerville, Ohio and spoke with Temple’s parents. Secret Service agents also went to Temple’s residence in Columbus and spoke with him. Temple told them that he had posted all of the messages which threatened to kill the President out of a sense of frustration with the current political climate.
Temple’s crime is punishable by a sentence ranging from probation to five years in prison. The court will conduct a pre-sentence investigation before determining the sentence and schedule a date for sentencing. Temple will remain on bond until sentencing.
U.S. Attorney Stewart commended the investigation by Secret Service agents, and Assistant U.S. Attorney Michael Hunter, who is representing the United States in this case.
Carbondale Man Pleads Guilty to Illegally Possessing A FirearmRead the Press Release
On May 9, 2013, Andre V. Scott, of Carbondale, IL, plead guilty in United States District Court in Benton to an indictment charging him with being a felon in possession of a firearm, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Facts revealed at the time of Scott’s plea that, on November 29, 2012, Scott was involved in a dispute in Carbondale. During the dispute, Scott retrieved a Charter Arms, .38 special revolver and threatened multiple persons with the gun. Scott is prohibited from possessing firearms based on a prior felony conviction for Unlawful Possession of a Controlled Substance. Scott is currently being held without bond pending an August 22, 2013, sentencing date. At that time, he faces a penalty of up to 10 years in prison, up to 3 years’ supervised release following any prison sentence, and a fine of up to $250,000. The firearm Scott illegally possessed is also subject to forfeiture to the United States.
The investigation was conducted by the Carbondale Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The case is assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
Bar Club Operators Sentenced in South Beach “B-Girls” Private Clubs SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, and Raymond A. Martinez, Chief, Miami Beach Police Department, announced the sentences of two individuals who were convicted of various fraud charges in connection with the South Beach “B-Girls” fraud scheme.
U.S. District Judge Robert M. Scola sentenced Albert Takhalov, 31, of Sunny Isles Beach, to 12 years in prison, and Isaac Feldman, 51, of Sunny Isles Beach, to 8 years and 4 months in prison. A third defendant convicted at trial, Stanislav Pavlenko, 41, of Aventura, is scheduled to be sentenced on May 31, 2013.
Takhalov, Feldman, and Pavlenko were convicted on December 20, 2012, of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349; and conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956 (h). Pavlenko and Takhalov were also convicted of various substantive wire fraud counts, in violation of Title 18, United States Code, Section 1343. Additionally, Takhlaov was convicted of conspiracy to defraud the U.S. Department of Homeland Security and U.S. Customs and Border Protection, in violation of Title 18, United States Code, Section 371. Kristina Takhalov pled guilty in the middle of trial to substantive wire fraud counts. Siavash Zargari, 48, of Miami Beach was acquitted. Last year, a total of nineteen defendants were charged in this fraud conspiracy. Thirteen defendants pled guilty before trial. One defendant, Andrejs Romanovs, remains a fugitive.
According to evidence presented at trial, the defendants were the organizers and investors in a criminal organization, which owned and operated numerous private clubs in South Beach. The organization brought Eastern European women into the United States illegally to work as “Bar Girls” or “B-Girls,” to lure out-of town businessmen and tourists from legitimate South Beach clubs to the defendants’ private clubs.
According to testimony and other evidence presented at trial, the defendants would charge the victims exorbitant prices for bottles of alcohol in as many as six private clubs. After the victims were either drugged without their knowledge or too intoxicated to understand what was happening, the B-Girls would order bottles of wine or champagne, make unauthorized charges on the victims’ credit cards and sometimes even forge the victims’ signatures. In order to pay the B-Girls who were illegally working, the defendants set up shell companies to conceal profits and salary payments from their criminal enterprise.
Mr. Ferrer commended the investigative efforts of the FBI, the Miami Beach Police Department, and ICE’s Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorneys Richard D. Gregorie and Michael Thakur and Department of Justice Trial Attorney Clay Porter.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Army National Guard Captain Charged for Alleged Role in Bribery and Wire Fraud Scheme and Two Former Soldiers Sentenced for Their Roles in a Related SchemeRead the Press Release
A Texas Army National Guard captain has been charged for his alleged role in a bribery and wire fraud scheme and two former soldiers in the Texas Army National Guard were sentenced for their roles in a separate scheme to defraud the National Guard Bureau and its contractor, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
These cases arose from an investigation concerning allegations that former and current soldiers and military and civilian contract recruiters in the San Antonio and Houston areas engaged in a wide-ranging scheme to obtain fraudulent recruiting referral bonuses. To date, 11 people have been charged in this ongoing investigation, including yesterday’s 17-count indictment of Fabian Barrera, 46, of Schertz, Texas, a Captain in the Army National Guard accused of personally obtaining more than $185,500 in fraudulent recruiting bonuses. Barrera made his initial appearance on May 16, 2013, in the U.S. District Court for the District of Maryland, before U.S. Magistrate Judge Jillyn K. Schulze. The public is reminded that an indictment is merely a charge and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
According to court documents, in approximately September 2005, the National Guard Bureau entered into a contract with Document and Packaging Broker, Inc., to administer the Guard Recruiting Assistance Program (G-RAP), which was designed to offer monetary incentives to soldiers who referred others to join the U.S. military. To participate in the G-RAP, an eligible soldier needed to establish an online recruiting assistant (RA) account. Through these recruiting programs, a participating soldier could receive up to $3,000 in bonus payments for every person he or she referred to serve in the U.S. military.
Barrera, an RA in the G-RAP between approximately December 2005 and February 2012, is alleged to have paid Army National Guard recruiters for the names and Social Security numbers of potential soldiers and used this information to claim that he was responsible for referring dozens of potential soldiers to join the military, though he allegedly did not recruit any of those people. As a result, Barrera is accused of receiving more than approximately $185,000 in fraudulent recruiting bonuses, and the indictment alleges that Barrera paid various recruiters in the form of checks and cash payments.
Former Staff Sergeant Jermaine Britt, 39, of Richmond, Texas, was sentenced today to 30 months in prison by Chief U.S. District Judge Biery for his role in obtaining $86,500 in fraudulent bonus payments. According to court documents, Britt served as a recruiter in the Houston area from approximately November 2006 until November 2012. He conspired with former Specialist Stephanie Heller, 37, of Wharton, Texas, who was an RA in the G-RAP and claimed approximately $44,500 in fraudulent bonuses through her account. Heller made approximately $19,750 in bribe payments to Britt, who served as a recruiter in the Houston area from approximately November 2006 until November 2012. Heller also made a $1,000 bribe payment to another recruiter in exchange for Britt and that recruiter providing the personal information of potential soldiers. In addition to accepting bribes from Heller, Britt worked with at least two other RAs to claim fraudulent bonus payments and accepted a total of $23,750 in bribe payments in exchange for providing the personal information of potential soldiers.
Britt also admitted that he obstructed justice by coaching Heller to make false statements to federal agents. In September of 2012, Heller recorded two conversations with Britt. In those conversations, Britt told Heller how she could provide false stories to federal agents to innocently explain incriminating conduct, such as large cash withdrawals from her bank account, her receipt of emails from Britt in which Britt provided the personal identifiers of potential soldiers, and her use of Britt’s military computer to make referrals under her RA account.
Britt pleaded guilty to conspiracy to commit bribery and wire fraud, bribery, and obstruction of justice on Nov. 9, 2012. Heller pleaded guilty to conspiracy to commit bribery and wire fraud and bribery on Oct. 4, 2012. Heller was also sentenced today to five years’ probation, and her cooperation was instrumental in the case against Britt.
These cases are being prosecuted by Trial Attorneys Edward J. Loya Jr., Brian A. Lichter, and Sean F. Mulryne of the Criminal Division’s Public Integrity Section. These cases are being investigated by agents from the San Antonio Fraud Resident Agency of the Major Procurement Fraud Unit, U.S. Army CID, and from the San Antonio Field Office of the Internal Revenue Service Criminal Investigation.
Arizona Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Laveen, Arizona man charged with Failure to Pay Legal Child Support was sentenced on May 13, 2013 by U.S. District Court Judge Karen E. Schreier.
Ray Young, age 49, was sentenced to 8 months’ home confinement, 5 years of probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $14,542.98.
Young was indicted for failing to pay over $13,199.00 past due child support by a federal grand jury on April 4, 2012. He was ordered by the Arizona Superior Court, Maricopa County, AZ, to pay $117.00 per month for his minor child, commencing February 1, 2005. At the time of indictment, he had not made a child support payment since March of 2009, and the total arrearage amount was $13,199.98. He pled guilty to the charge on May 13, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright prosecuted the case.