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Wednesday 15 May 2013
District Man Pleads Guilty to Voluntary Manslaughter While Armed in 1995 Slaying in Northwest Washington-Defendant Admits Shooting Victim, A Friend, Then Fleeing the Scene-Read the Press Release
WASHINGTON – Maurice Fair, 35, of Washington, D.C., pled guilty today to a charge of voluntary manslaughter while armed in a slaying that took place in 1995 at an apartment in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Fair pled guilty in the Superior Court of the District of Columbia. The plea agreement, which is contingent upon the Court’s approval, calls for a 10-year prison term. The Honorable Herbert B. Dixon, Jr. scheduled sentencing for July 16, 2013.
According to the government’s evidence, the victim, James W. Belton, 18, was fatally shot on Oct. 5, 1995. Fair, who was then 17, had gone to Mr. Belton’s apartment, in the 1400 block of Sheridan Street NW, to smoke marijuana. While there, he shot Mr. Belton twice in the head with a .38-caliber revolver, causing Mr. Belton’s death. At the time of the murder, no arrests or leads were developed linking the defendant to the slaying.
On July 4, 2004, Fair approached police and told them he had set his mother’s house on fire. He was transported to a hospital for a mental health evaluation. While at the hospital, the defendant, spontaneously, told hospital staff that he shot and killed a man eight years earlier with a .38-caliber gun. He was not arrested for the homicide at that time.
Fair was arrested and interviewed on Oct. 23, 2007 by detectives from the Metropolitan Police Department (MPD) in relation to the death of Mr. Belton. He told police that while visiting Mr. Belton on Oct. 5, 1995, he became paranoid and thought that Mr. Belton and another individual (who was not present) were going to rob and hurt him. He subsequently shot Mr. Belton in the head. At the time that Mr. Belton was shot, he was seated on a couch, unarmed, and had not done anything to suggest to Fair that he was going to rob or hurt him. After the shooting, Fair left the scene on a bicycle.
In announcing the guilty plea, U.S. Attorney Machen praised the work of the MPD detectives and officers who investigated the case. He also acknowledged the effort of those who worked on the case from the U.S. Attorney’s office, including Paralegal Specialist Kelly Blakeney, and Victim/Witness Advocate Marcia Rinker. Finally, he praised the work of Assistant U.S. Attorneys Ed Burley, who indicted the case, Steve Snyder, who worked on the investigation, and Cynthia G. Wright, who is prosecuting the matter.
13-171Dewey County Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dewey County man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 13, 2013 by U.S. District Judge Roberto A. Lange.
Norman Little Shield, Jr., age 21, was sentenced to 27 months of custody, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Little Shield, Jr., was indicted by a federal grand jury on November 15, 2012 for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault Resulting in Serious Bodily Injury on February 25, 2013.
The conviction arose from an incident that occurred in July 2012 when Little Shield, Jr., assaulted an adult male in Cherry Creek, South Dakota.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Little Shield, Jr., was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Deported Honduran Facing Immigration ViolationRead the Press Release
ERIE, Pa. - A former resident of Yoro, Honduras has been indicted by a federal grand jury in Erie on a charge of violating federal immigration laws, United States Attorney David J. Hickton announced today.
The one-count indictment named Mario Roberto Villatoro-Castro, 38, as the sole defendant.
According to the indictment presented to the court, on or about April 12, 2013, Villatoro-Castro was found to be unlawfully present within the United States. Villatoro-Castro had been previously ordered deported and removed from the United States on July 22, 2002 and was removed from the United States on August 8, 2002. The defendant subsequently reentered the United States, and was found to be present in this country without the permission from either the Attorney General of the United States or the Secretary of the Department of Homeland Security.
The law provides for a maximum total sentence of 2 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christine A. Sanner is prosecuting this case on behalf of the government.
The Kirtland Hills, Ohio Police Department and the Bureau of Customs and Border Protection conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Defendants Sentenced to Prison for Stealing over 500 Pounds of Copper Wire from the Railroad Tracks in Northern NevadaRead the Press Release
RENO, Nev. - Two of three defendants charged with stealing 520 pounds of copper wire from the railroad track power lines near Wells, Nev. in July 2011, causing approximately $5,000 in damage and disabling the railroad signal system, have been sentenced to 1½ years in federal prison and ordered to pay $4,960 in restitution to the Union Pacific Railroad, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Allison Peters, 45, and Timothy Neal Bevel, 54, of Boise, Idaho, were sentenced in Reno on Monday, May 13, 2013, by U.S. District Judge Robert C. Jones. A third defendant, Theron Andrew Peters, 49, also of Boise, Idaho, is scheduled to be sentenced by Judge Jones on June 10, 2013. They all pleaded guilty in January 2013 to one count of unlawful damage and impairment of a railroad signal system.
“The theft of copper wire from the power lines disables the train signal system and interferes with train communications,” said U.S. Attorney Bogden. “These thefts are extremely dangerous and can jeopardize motorists and train occupants. Train operators may not receive information about hazards on the tracks or about other trains, leading to possible collisions between trains.”
The Union Pacific/Amtrak signal system runs parallel to the train tracks used by both train companies. According to the court records, on July 25, 2011, at approximately 2:30 a.m., the Union Pacific Railroad detected a signal line problem near the Tobar Township south of Wells, Nev. A railroad signal maintainer traveled to the location, and found railroad power lines hanging down near the tracks and estimated that about five pole lengths of wire had been stolen. The defendants were arrested several hours later following a high speed chase that ended when the truck the defendants were traveling in got stuck in the desert. The stolen copper wire, glass insulators, and bolt cutters were found discarded along the chase route.
ECSO deputies later obtained and executed a search warrant for the truck and recovered gloves, binoculars, topographical maps of Idaho and Nevada, five cell phones, a digital camera, a police scanner, a spotlight, several sales receipts for the sale of copper wire to various recycling centers, a global positioning unit, a bolt cutter, a compass, and a laptop computer. A search of the laptop computer revealed numerous files relating to copper, scrap metals, aerial photographs and a scrap metals composite index. The recovered wire totaled 520 pounds.
The investigation was conducted by the FBI and Elko County Sheriff’s Office, and the case was prosecuted by Assistant United States Attorney Brian L. Sullivan.DeKalb and Sterling Doctor and His Wife Charged with Illegally Dispensing Prescription Drugs and Income Tax FraudRead the Press Release
ROCKFORD C A DeKalb, Ill. doctor and his wife were arrested today on charges of illegally dispensing controlled substances and federal income tax fraud. RICHARD H. NG, 61, a doctor of osteopathic medicine, and President and sole shareholder of Sauk Medical Clinic with offices located in Sterling and DeKalb, Ill., was charged by a federal grand jury in Rockford yesterday in an 89 count indictment, including one count of conspiracy to dispense controlled substances outside the course of professional practice and without a legitimate medical purpose, 81 counts of dispensing controlled substances outside the course of professional practice and without a legitimate medical purpose, and 7 counts of income tax fraud. LEE LEE FOONG, 54, also known as “Audrey,” who was married to Ng, was charged with one count of conspiracy to illegally dispense controlled substances outside the course of professional practice and without a legitimate medical purpose, 5 counts of dispensing controlled substances outside the course of professional practice and without a legitimate legal purpose, and one count of income tax fraud.
According to the indictment, Ng owned and operated the Sauk Medical Clinic, and Foong was the office manager for the Clinic. Beginning in January 2007 and continuing through October 2011, Ng and Foong allegedly dispensed Oxycodone, Methadone, Morphine, and other prescription pain medications outside the course of professional practice and without a legitimate medical purpose, the dispensation of which in some cases resulted in death and other bodily injuries. During the course of the conspiracy, Ng saw patients at Sauk Medical Clinic’s offices in Sterling and DeKalb on at least a monthly or bi-weekly basis to dispense large quantities of prescription controlled substances. The indictment alleges Ng failed to conduct adequate medical evaluations, increased the dosage amounts, and required patients to return frequently to Ng to obtain excessive amounts of the controlled substances. According to the indictment, Ng continued to issue prescriptions despite obvious “red flags” that his patients were abusing or misusing the controlled substances. The indictment alleges that Ng continued to prescribe excessive amounts of controlled substances knowing that these dispensations resulted in the death of three of his patients.
The indictment also alleges that Ng filed false U.S. corporate income tax returns for Sauk Medical Clinic for 2008–2010, knowing the returns underestimated gross receipts of Sauk Medical Clinic by a total of $922,850 over those years, which would have resulted in additional federal income tax due of $320,738. It is further alleged that false federal individual tax returns were filed by Ng for the calendar years 2008–2010, and by Ng and Foong for 2011, the year they were married, which failed to report a total of $1,256,486 in cash received from Sauk Medical Clinic and rental receipts. The indictment charges that the unreported income would have resulted in additional federal income tax due of $270,873.
Depending on the controlled substance involved, each charge of illegally dispensing a controlled substance carries a maximum penalty from up to 5 years in prison to a maximum penalty of life imprisonment in cases of death or serious bodily injury, in addition to a fine ranging from $250,000 to $1 million. Each count of filing a false income tax return carries a maximum penalty up to 3 years in prison, or a fine of up to $100,000 for an individual ($500,000 for a corporation), or both, as well as the costs of prosecution. If convicted, the Court must impose a reasonable sentence under the advisory United States Sentencing Guidelines.
The public is reminded that an indictment contains only charges and is not evidence of guilt. Each defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The arrests were announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois; Jack Riley, Special Agent-in-Charge of the Chicago Field Division of the Drug Enforcement Administration; and James C. Lee, Special Agent-in-Charge of the Chicago Field Office of the Internal Revenue Service - Criminal Investigation Division. The Sterling, Ill. Police Department assisted in the investigation.
“Those in the medical profession, like Dr. Ng and his wife, who allegedly abused their position of trust and prescribe drugs without any legitimate medical purpose, will be prosecuted to the fullest extent of the law,” said Jack Riley, Special Agent-in-Charge of the Chicago Field Division.
The government is being represented by Assistant U.S. Attorney Scott R. Paccagnini.
Indictment
Danielson Man Pleads Guilty to Federal Child Pornography Distribution ChargeRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that DANIEL CARRIER, 34, formerly of Danielson, waived his right to indictment and pleaded guilty today before United States Magistrate Judge Donna F. Martinez in Hartford to one count of receipt and distribution of child pornography.
According to court documents and statements made in court, on March 6, 2012, law enforcement officers searched CARRIER’s residence and seized a desktop computer and related components. A forensic search of the computer revealed more than 850 images and 187 videos of child pornography, including numerous images of children under the age of 12 engaged in sexually explicit conduct, and images of children engaging in sadistic or masochistic conduct.
CARRIER has been released on a $250,000 bond since his arrest on March 7, 2012. As a condition of his release, CARRIER is residing with family members in Rhode Island.
CARRIER is scheduled to be sentenced by Chief United States District Judge Alvin W. Thompson on August 6, 2013, at which time CARRIER faces a maximum term of imprisonment of 20 years and a fine of up to $250,000.
This matter was investigated by the Federal Bureau of Investigation and the Connecticut Child Exploitation Task Force, which includes federal, state and local law enforcement agencies, including the Connecticut State Police. The case is being prosecuted by Assistant United States Attorney Felice M. Duffy.
The Connecticut Child Exploitation Task Force, which is housed at the main FBI office in New Haven, investigates crimes against children occurring over the Internet, and provides computer forensic review services for participating agencies. For more information about the Task Force, or to report child exploitation crimes, please contact the FBI at 203-777-6311.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Crosby Felon Pleads Guilty to Possessing A Pistol and DrugsRead the Press Release
MINNEAPOLIS—Yesterday in federal court, a 32-year-old felon from the northern Minnesota community of Crosby pleaded guilty to possessing a .40-caliber, semi-automatic pistol along with approximately 30 grams of methamphetamine. Zachari Allen Kozar pleaded guilty to one count of being a felon in possession of a firearm and one count of possession with intent to distribute methamphetamine. Kozar, who was charged on May 14, 2013, entered his plea before United States District Court Judge Ann D. Montgomery.
In his plea agreement, Kozar admitted that on December 26, 2012, officers stopped Kozar for a traffic violation while he was near Brainerd, Minnesota, and later found the loaded handgun and drugs under the vehicle’s front passenger seat.
According to a law enforcement affidavit filed in the case, authorities began observing Kozar in the fall of 2012 as part of a drug trafficking investigation. During the December 26 stop, Kozar became agitated when a drug-sniffing canine was brought to the scene. The dog alerted police to a controlled substance. Police subsequently executed a search warrant on the vehicle, finding the loaded .40-caliber Steyr Mannlicher firearm in a nylon gun holster. They also recovered a second .40 caliber magazine, a plastic baggy containing approximately 2.8 grams of crack cocaine, as well as ten baggies of various amounts of methamphetamine and crack cocaine totaling approximately 32.1 grams. Kozar was arrested shortly afterward. Approximately $896 in U.S. currency was also found on his person.
Because he is a felon, Kozar is prohibited under federal law from possessing a firearm or ammunition at any time. His prior convictions in St. Louis County include two counts of theft of a motor vehicle (1999), fleeing police in a motor vehicle (1999 and 2004), third-degree burglary (1999), damage to property (1999), escape from custody (2001), fifth-degree drug possession (2004 and two counts in 2008), and third-degree drug possession (2009) . Because some of those convictions constitute crimes of violence, Kozar is subject to the federal Armed Career Criminal Act. That act mandates a minimum of 15 years in prison for anyone subsequently convicted in federal court for being a felon in possession of a firearm or ammunition.
For his crimes, Kozar faces a potential maximum penalty of life in prison on the gun charge and 40 years for drug possession. Judge Montgomery will determine his sentence at a future hearing, yet to be scheduled.
This case is the result of an investigation by the Lakes Area Drug Investigative Division, the Minnesota Bureau of Criminal Apprehension, and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorney Allen A. Slaughter.Couple Indicted for Sex Trafficking of A JuvenileRead the Press Release
Defendants Allegedly Ran Their Operation from a Buckhead Home
ATLANTA - Steven E. Thompson and Tierra Michelle Waters have been indicted by a federal grand jury on charges of sex trafficking of a juvenile and conspiring to do the same.
“These defendants preyed on a young girl in need requiring her to have sex with men if she wanted to keep a roof over her head,” said United States Attorney Sally Quillian Yates. “Trafficking children is appalling and unacceptable. With the help of our partners in the community, we will press on with efforts to reach those who are being exploited, and prosecute those who choose to engage in this inhumane practice.”“Forced prostitution, especially in the case of children, is a crime that leaves scars long after any physical wounds have healed,” said Brock D. Nicholson, Special Agent in Charge of ICE Homeland Security Investigations in Atlanta. “Thanks to the hard work of HSI special agents, investigators from the Georgia Bureau of Investigation and prosecutors from the U.S. Attorney’s Office, these defendants will be held accountable for their actions before the law.”
According to United States Attorney Yates, the charges and other information presented in court: Thompson, 42, and Waters, 30, both of Atlanta, Ga., offered the young girl a place to stay at Thompson’s condominium in the Buckhead area of Atlanta. After the young girl moved in, she was told that she had to earn money for rent, and that she would be required to engage in prostitution. Thompson and Waters placed advertisements describing the juvenile on Backpage.com, soliciting men to have sex with the young girl either at the condominium or at a place the customer chose. Some advertisements falsely listed the juvenile as “Sasha” age 19, when in fact she was 17. Other advertisements showed both Waters and the juvenile, under the name “Naomi”, age 20, requesting a “donation” of $150 an hour. Thompson and Waters also provided marijuana to the juvenile before she had to perform commercial sex acts.
The indictment charges two counts, one substantive count of sex trafficking of a juvenile by force, fraud or coercion and one count of conspiracy to engage in sex trafficking. The victim is identified in the indictment by her initials. Each charge carries a maximum sentence of life in prison and a fine of up to $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders. Thompson is scheduled for a bond hearing on May 21, 2013 at 11:00 a.m. before United States Magistrate Judge Linda T. Walker. Waters is scheduled for arraignment on May 31, 2013 at 10:00 a.m. before United States Magistrate Judge Alan J. Baverman.This case is being investigated by Special Agents of the Department of Homeland Security and the Georgia Bureau of Investigation.
Assistant United States Attorneys Susan Coppedge and Leslie Abrams are prosecuting the case.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant's guilt beyond a reasonable doubt at trial.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
Convicted Felon Who Hid A Firearm in Midst of Police Chase Changes Plea to Guilty on Day Scheduled for TrialRead the Press Release
NEW BERN - United States Attorney Thomas G. Walker announced that in federal court today before United States District Judge Louise W. Flanagan, ANTHONY EARL RIVERS, 25, of Dudley, North Carolina changed his plea from “not guilty” to “guilty” on a charge of Possession of a Firearm by a Convicted Felon in and Affecting Commerce, in violation of Title 18, United States Code, Sections 922(g) and 924.
On May 4, 2012, the Mt. Olive Police Department received a tip from a confidential informant that RIVERS, operating under the alias of “Worm”, had just been seen driving another individual who had been involved with an assault with a firearm on Claytor Street in Mt. Olive. The Mt. Olive Police Department immediately began to look for RIVERS and the individual who was reported to have committed the assault using a firearm. Officers located RIVERS and the other individual a few blocks away on Slocum Street and attempted a traffic stop. As soon as RIVERS pulled into a driveway the passenger jumped out of the vehicle and ran on foot. Mt. Olive police immediately gave foot chase, leaving RIVERS momentarily alone in the driver’s seat of his car.
RIVERS’ actions when he was alone in the car were captured on the exterior video camera of a Mt. Olive police cruiser. The video showed RIVERS quickly exiting his vehicle and leaning down into a bush located within a few feet of the car. By the time other officers arrived on the scene RIVERS was already attempting to drive away. RIVERS was stopped by other officers before he could leave.
Officers canvassed the area of the chase but were not able to locate a firearm. After searching the vehicle and discovering no firearm, RIVERS was allowed to leave the scene. Within minutes, however, officers discovered the firearm, an Armscor, model Citadel, .45 caliber semi-automatic pistol, located in the bush adjacent to the car. Officers immediately left the scene, found RIVERS, and took him into custody. While RIVERS initially denied knowledge of the firearm, he later made statements admitting that he had “stashed” the firearm.
At the sentencing in this case, which is presently scheduled for the August term of court in New Bern, RIVERS faces up to ten years of imprisonment, up to $250,000 in fines, and as much as three years of supervised release. RIVERS was previously detained as a danger to the community, and will therefore be held in custody until the time of his sentencing.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) with the assistance of the Mt. Olive Police Department. Assistant United States Attorney William M. Gilmore is prosecuting the case.
Colchester Man Who Possessed Fake U.S. Marshals Service Badge Is SentencedRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that JOHN W. CARROLL, 42, of Colchester, was sentenced today by United States Magistrate Judge Joan G. Margolis in New Haven to three years of probation for his unauthorized possession of an imitation United States Marshals Service badge. CARROLL pleaded guilty to the offense on February 20, 2013.
According to court documents and statements made in court, on October 9, 2012, CARROLL possessed a fake U.S. Marshals Service badge that was substantially similar to an authentic badge, and two fake U.S. Marshals Service identification cards.
This matter was investigated by the United States Marshals Service and state and local law enforcement agencies. The case was prosecuted by Special Assistant United States Attorney Anjna R. Kapoor and Assistant United States Attorney David E. Novick.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Cherry Creek Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota man convicted of Assault by Striking, Beating and Wounding was sentenced on May 13, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Joshua Hale, age 22, was sentenced to 5 months in custody and a $10 special assessment to the Federal Crime Victims Fund.
Hale was indicted by a federal grand jury on November 15, 2012 for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault by Striking, Beating and Wounding on January 18, 2013.
The conviction arose from an incident that occurred in July 2012 when Hale assaulted an adult male in Cherry Creek, South Dakota.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Hale was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Charleston Pedophile Sentenced to 10 Years in Federal PrisonRead the Press Release
U.S. Attorney’s initiative to fight child exploitation has surpassed 1,000 months of total prison time for convicted pedophiles since January 2012
CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin announced that a 54-year-old Charleston pedophile was sentenced on May 15 to ten years in federal prison on child pornography charges. Jonathan Douglas Layne’s prison sentence will be followed by 20 years of supervised release for possessing child pornography. The sentence was handed down by United States District Judge John T. Copenhaver, Jr. Layne previously pleaded guilty in January.
Layne collected more than 600 pictures and videos of children having sex or performing sexual acts. Layne lived in St. Albans, West Virginia, at the time the crime occurred.
“Pedophiles who download and share child pornography are exploiting children, plain and simple,” said U.S. Attorney Goodwin. “My office will continue to spare no effort in prosecuting these types of cases.”
In October 1987, Layne committed two or more crimes involving sexual abuse of a minor. Layne was previously convicted in June 1989 in the Circuit Court of Kanawha County, West Virginia, of first degree sexual abuse involving a minor.
Since January 2012, twenty-two defendants have been convicted as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Twenty defendants have been sentenced to a total of more than 90 years (1093 months, to be exact) in federal prison. The remaining two defendants currently await sentencing.
The U.S. Marshals Service, the West Virginia State Police, the West Virginia State Police Internet Crimes Against Children Task Force, the Kanawha County Sheriff’s Department, and the Federal Bureau of Investigation West Virginia Cyber Crimes Task Force conducted the investigation. Assistant United States Attorney Lisa Johnston handled the prosecution.
Chadbourn Man Sentenced for Carjacking and Firearm ChargersRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today Chief United States District Judge James C. Dever III, sentenced JOHN MOORE, 22, to 360 months imprisonment followed by five years supervised release. Due to MOORE’s extensive and violent criminal history and the violent acts involving this case, the Court varied upward in imposing the sentence.
A Federal Grand Jury returned a three-count Criminal Indictment on December 14, 2010 charging MOORE. On November 27, 2012, a jury convicted MOORE of carjacking, in violation of Title 18, United States Code, Section 2119, and possession of a firearm in furtherance of a federal crime of violence, in violation of Title 18, United States Code, Section 924(c). On November 26, 2012, a change of plea hearing was conducted prior to the trial’s commencement when MOORE, pled guilty to the third count of the Indictment which charged felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1).
According to evidence presented at trial, on March 1, 2010, MOORE broke into a residence in Evergreen, North Carolina. The victim arrived home with the victim’s two-year-old grandchild, parking in the driveway. The victim left the grandchild in the car and approached the residence. The door frame was broken and the door had been opened. As the victim entered the residence, MOORE was observed inside the home. MOORE forced the victim to the ground at gunpoint, putting a gun to the victim’s head, he then dragged the victim around the home by the hair, pulling the victim into a bedroom and duct-taping the victim’s hands and face. MOORE demanded money and the victim told MOORE the money was in the car. MOORE dragged the victim outside and they encountered the family dog. At that point, MOORE shot and killed the dog and dragged the victim back inside the house. MOORE then threw the victim into a closet and ordered the victim not to leave. A few minutes later, MOORE opened the door and put the grandchild inside the closet with the victim. The victim could hear MOORE going room to room. Before he left, MOORE threatened to kill the victim and the family. The victim waited for about 30 minutes and then came out and saw that the family car was gone. MOORE had also stolen cash and other items from the victim’s home.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cumberland County Sheriff’s Office, and the Columbus County Sheriff’s Office. Assistant United States Attorneys Jane J. Jackson and Toby Lathan prosecuted the case.
Cass Lake Felon Pleads Guilty to Possessing A .357 RevolverRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a 25-year-old Cass Lake felon pleaded guilty to possessing a .357-caliber revolver. Anthony Duane Howard pleaded guilty to one count of being a felon in possession of a firearm. Howard, who was indicted on March 12, 2013, entered his plea before United States District Court Judge Joan N. Ericksen.
In his plea agreement, Howard admitted that on December 1, 2012, he possessed the revolver near a residential complex on Cedar Avenue in south Minneapolis. When police arrived, Howard discarded the firearm, which was later recovered. Because he is a felon, Howard is prohibited under federal law from possessing a firearm at any time. His prior Hennepin County convictions include first-degree assault (2003) and fourth-degree assault (2011).
For his crime, Howard faces a potential maximum penalty of ten years in prison. Judge Ericksen will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by the Minneapolis Police Department, and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorney LeeAnn K. Bell.The case was charged federally through Project Exile Minneapolis. That law enforcement initiative was launched on July 22, 2010, as part of a city-wide effort to reduce gun violence. Through Project Exile, the Minneapolis Police Department and the ATF work together to apprehend serial criminals for violations of gun laws. Then, the Hennepin County Attorney’s Office teams up with the U.S. Attorney’s Office to determine where those offenders will most effectively be prosecuted – state or federal court. Those determinations are based on the offenders’ criminal histories and current charges, among other factors. To date, the U.S. Attorney’s Office has brought charges against two dozen serious habitual criminals through Project Exile Minneapolis.
Cantonment Man Sentenced on Child Pornography ConvictionRead the Press Release
PENSACOLA, FLORIDA – Mack S. Varnado, Jr., 32, of Cantonment, was sentenced Tuesday afternoon as a result of his guilty plea on February 7, 2013, to a federal indictment charging him with the receipt and transportation of child pornography. The sentencing was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
On October 13, 2011, a cybertip was reported to the National Center for Missing and Exploited Children (“NCMEC”) that sparked the local investigation. The report documented email messages containing child pornography being transmitted from an America Online (“AOL”) account in the Northern District of Florida. Specifically, on October 12, 2011, AOL detected that an email message was sent from the user “NohassleSN24” to Yahoo! subscriber “[email protected].” The message contained several child sexual exploitation images. Detective Chris Wilkinson, of the Pensacola Police Department, was able to trace this email message to Varnado at his residence in Cantonment, Florida. A total of fourteen illicit images had been sent by Varnado. All of the images depicted minor children between approximately ten and fourteen years old engaged in various sexual activities.
On or about January 13, 2012, Detective Wilkinson obtained a warrant to search the email account hosted by AOL, located in Dulles, Virginia. On January 18, 2012, AOL responded that Varnado maintained email messages, both sent and received, which had attachments of child pornography.
All this information led to a federal search warrant on Varnado’s residence in Cantonment. The defendant was present during the execution of the search warrant. Multiple pieces of digital media were seized. A forensic examination of Varnado’s digital media revealed images and videos of child pornography, matches for the screen name [email protected], and matches to those images located in the “sent” mailbox linked to the email account used by Varnado.
Senior United States District Judge Roger Vinson sentenced Varnado to 60 months imprisonment to be followed by 6 years of supervised release. In addition, based upon Varnado sending and receiving child pornography from his residence in Cantonment, Judge Vinson ordered that Varnado forfeit his interest in the residence because it was used to facilitate the online crimes against children. This amounted to Varnado forfeiting $74,000 to the United States government.
In announcing the sentence, U.S. Attorney Marsh said, “Protecting our children from the permanent scars left behind when this kind of exploitation occurs is critically important work. This prison sentence, along with the forfeiture ruling, should send a strong message of deterrence. We have the expertise to responsibly gather the necessary evidence to charge these cases, and the charges when proven beyond a reasonable doubt carry serious penalties under federal law.” She expressed her gratitude to U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Pensacola Police Department for their cooperation, dedication, and expertise in the investigation and prosecution of the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was prosecuted by Assistant U.S. Attorney David L. Goldberg of the Northern District of Florida.Brothers Plead Guilty to Armed Bank Robbery, Assault on A Federal Officer and Related Firearms OffensesRead the Press Release
DALLAS — This afternoon, Johnny Charles Butler, 45, appeared before U.S. District Judge Jorge A. Solis and pleaded guilty to two counts of armed bank robbery, one count of assaulting a federal officer and one count of using and carrying a firearm during and in relation to a crime of violence. His brother, James Robert Cleveland Butler, 44, pleaded guilty in February 2013 to two counts of armed bank robbery and one count of using, carrying and brandishing a firearm during and in relation to, and possession of a firearm in furtherance of a crime of violence. Both have been in custody since their arrest in August 2012 at their residence in Quinlan, Texas. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
If the Court accepts the terms of the plea agreements, the parties agree that the appropriate term of imprisonment is 35 years in federal prison for Johnny Charles Butler and 25 years imprisonment for James Robert Cleveland Butler.
According to documents filed in the case, both Johnny Butler and James Butler admitted committing the armed, takeover-style robberies of Bank of America, 100 West Highway 80, Forney, Texas, on November 25, 2011 and May 18, 2012.
Johnny Butler also admits firing three shots from a .357 caliber pistol at SWAT agents while they were attempting to execute a federal search warrant at his Quinlan residence on August 2, 2012.
The investigation was conducted by the Safe Street Violent Crime Task Force of the FBI. The case is being prosecuted by Assistant U.S. Attorney Keith Robinson.
Brooklyn, N.Y., Man Charged with Bank RobberyRead the Press Release
NEWARK, N.J. – A Brooklyn, N.Y., man who was arrested in April in connection with a Bergen County bank robbery will make his initial court appearance today, U.S. Attorney Paul J. Fishman announced.
John Edward Stevens, 59, is charged by Complaint with one count of bank robbery and is scheduled to make his initial appearance before U.S. Magistrate Judge Madeline Cox Arleo in Newark federal court today. Stevens was on the FBI’s 10 Most Wanted Fugitives List in 1988 in connection with unrelated robberies.According to documents filed in this case and statements made in court:
On April 15, 2013, Stevens allegedly robbed the TD Bank, located in Oakland, N.J. According to bank employees and video surveillance, a male wearing a blue jacket and a baseball hat entered the bank and approached one of the bank tellers. The robber was carrying a zipper pouch, which he opened and showed the teller. Inside was what appeared to be a black handgun. The robber fled after the teller gave him money.
Approximately 20 minutes after the robbery, law enforcement stopped a vehicle that was reported stolen. The driver of the stolen vehicle was identified as Stevens. Law enforcement arrested Stevens and located a TD Bank bag filled with money in the vehicle.
If convicted of the bank robbery charge, Stevens faces 20 years imprisonment and a $250,000 fine.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation. He also thanked the Waldwick Police Department and the Oakland Police Department for their contribution to the case.The government is represented by Assistant U.S. Attorney Danielle M. Corcione of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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Stevens Complaint
Brooklyn, N.Y., Man Charged with Bank RobberyRead the Press Release
NEWARK, N.J. – A Brooklyn, N.Y., man who was arrested in April in connection with a Bergen County bank robbery will make his initial court appearance today, U.S. Attorney Paul J. Fishman announced.
John Edward Stevens, 59, is charged by Complaint with one count of bank robbery and is scheduled to make his initial appearance before U.S. Magistrate Judge Madeline Cox Arleo in Newark federal court today. Stevens was on the FBI’s 10 Most Wanted Fugitives List in 1988 in connection with unrelated robberies.According to documents filed in this case and statements made in court:
On April 15, 2013, Stevens allegedly robbed the TD Bank, located in Oakland, N.J. According to bank employees and video surveillance, a male wearing a blue jacket and a baseball hat entered the bank and approached one of the bank tellers. The robber was carrying a zipper pouch, which he opened and showed the teller. Inside was what appeared to be a black handgun. The robber fled after the teller gave him money.
Approximately 20 minutes after the robbery, law enforcement stopped a vehicle that was reported stolen. The driver of the stolen vehicle was identified as Stevens. Law enforcement arrested Stevens and located a TD Bank bag filled with money in the vehicle.
If convicted of the bank robbery charge, Stevens faces 20 years imprisonment and a $250,000 fine.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation. He also thanked the Waldwick Police Department and the Oakland Police Department for their contribution to the case.The government is represented by Assistant U.S. Attorney Danielle M. Corcione of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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Stevens Complaint
Brookfield Man Pleads Guilty to Oxycodone Distribution ChargeRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that KYLE M. LUTRUS, 27, of Brookfield, pleaded guilty today before United States Magistrate Judge Thomas P. Smith in Hartford to one count of conspiracy to distribute and to possess with the intent to distribute oxycodone.
According to court documents and statements made in court, in late 2011, Brookfield Police received information that LUTRUS was involved in the illegal distribution of oxycodone. Between February 2012 and April 2012, LUTRUS made multiple sales of oxycodone to an individual working with law enforcement and an undercover DEA Task Force officer. A total of 393 pills were purchased from LUTRUS during the course of the investigation.
LUTRUS is scheduled to be sentenced by United States District Judge Vanessa L. Bryant on August 1, 2013, at which time LUTRUS faces a maximum term of imprisonment of 20 years and a fine of up to $1 million. LUTRUS also has agreed to forfeit $60,000 and his 2005 Honda Accord.
LUTRUS was arrested on December 20, 2012. He is currently released on a $200,000 bond.
This matter is being investigated by the DEA’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force and the Brookfield Police Department. The case is being prosecuted by Assistant United States Attorneys David X. Sullivan and Michael E. Runowicz.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Bluford Man Charged with Illegally Possessing A FirearmRead the Press Release
Craig L. Fenton, 47, of Bluford, Illinois, has been charged in United States District Court in Benton with being a felon in possession of a firearm, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois. The indictment, returned by a Federal Grand Jury on May 9th, alleged that Fenton was found to be in possession of a loaded .38 special caliber revolver on April 2, 2013, in Wayne County. Prior to that date Fenton had been convicted of two felony offenses, making it illegal under federal law for him to possess firearms or ammunition.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
If convicted, Fenton faces up to 10 years in prison, a $250,000 fine, and 3 years of supervised release to follow his incarceration. The firearm he illegally possessed is also subject to forfeiture to the United States.
Following a detention hearing held on May 14th, Fenton was denied bond and remanded to the custody of the United States Marshal to await further proceedings. Fenton’s next scheduled court appearance is July 11th at 9:30 a.m. for a final pre-trial conference at the Federal Courthouse in Benton.
The case was investigated by the Carmi office of the Southern Illinois Drug Task Force and the Wayne County Sheriff’s Department with the assistance of the Bureau of Alcohol, Tobacco, and Firearms.
The case is being prosecuted by Assistant United States Attorney James M. Cutchin.
Bergen County, N.J., Woman Indicted in $2 Million Mortgage Fraud SchemeRead the Press Release
NEWARK, N.J. – A Bergen County, N.J., woman was indicted today for her role in a long-running, large-scale mortgage fraud scheme that caused millions of dollars in losses, U.S. Attorney Paul J. Fishman announced.
Klary Arcentales, 44, of Lyndhurst, N.J., was charged in a five-count Indictment with one count of conspiracy to commit bank fraud and four counts of bank fraud, all of which caused losses of at least $2 million.
According to the Indictment and other documents filed in this case:
As early as 2006, Arcentales engaged in a mortgage fraud conspiracy through a company called Premier Mortgage Services (PMS). Arcentales, a loan officer at PMS, provided fraudulent documents to financial institutions in connection with mortgage loan applications on behalf of “straw buyers” to induce those financial institutions to fund mortgage loans. Relying upon those false documents, financial institutions funded mortgage loans. Arcentales then profited illegally by receiving a commission from PMS for each mortgage loan that she closed and also profited illegally by diverting portions of the fraudulently-obtained mortgage proceeds for herself.
Conspirator Lester Soto, 56, previously charged by Complaint, was a part-owner of PMS. He also acted as a loan officer on certain PMS mortgage loan applications. Soto took a percentage of PMS’s profits. Soto employed document makers to create fraudulent documents in furtherance of the scheme and put loan officers at PMS, including Arcentales, in contact with these document makers to create other false and fraudulent documents.Conspirator Linda Cohen, 55, previously charged by Complaint, was a paralegal who closed transactions on behalf of a licensed New Jersey attorney. Cohen served as the settlement agent on mortgage loans brokered by Arcentales for various properties. Cohen convened closings, received funds from lenders, and prepared HUD-1 forms – which itemize services and fees charged to borrowers for mortgage loans – that purported to reflect the sources and destinations of funds for mortgages on subject properties. In fact, the HUD-1s were neither true nor accurate. At or following the closings, Cohen disbursed mortgage loan proceeds directly to PMS, herself, and others, including in amounts not reflected on the HUD-1s. Cohen received a fee for each fraudulent loan in which she participated.
Conspirator Antonio Pimenta, 45, previously charged by Complaint, owned and managed Kelmar Construction Co., which built properties that were then sold to straw buyers utilizing fraudulent mortgage loans brokered by Arcentales.
The Indictment charges Arcentales with one count of bank fraud conspiracy and four counts of bank fraud, each punishable by a maximum potential penalty of 30 years in prison and a fine of $1,000,000.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen, for the investigation leading to today’s charges. Fishman also thanked the Social Security Administration-Office of Inspector General, under the direction of Special Agent in Charge Edward Ryan, for its participation in the investigation.The government is represented by Assistant U.S. Attorneys Rahul Agarwal of the U.S. Attorney’s Office General Crimes Unit and Zach Intrater of the Economic Crimes Unit in Newark.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.stopfraud.gov.
The charges and allegations contained in the Indictment and Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.13-200
Defense counsel:
Arcentales: Ronald Ricci Esq., Woodland Park, N.J.
Soto: Jeff Smith Esq., of Teaneck, N.J.
Cohen: Brian Daly Esq., of Middletown, N.J.
Pimenta: Linda Foster Esq., Assistant Federal Public Defender, NewarkArcentales Indictment
Attorney General Eric Holder Announces Improvements to the <br /> Public Safety Officers’ Benefits ProgramRead the Press Release
Attorney General Eric Holder and Acting Assistant Attorney General for the Office of Justice Programs Mary Lou Leary announced several improvements to the Public Safety Officers’ Benefits (PSOB) Program following the completion of a comprehensive review of the program ordered by the Attorney General in May 2012.
In the coming months, the PSOB office will move to an entirely paperless electronic case management system that will allow claimants to file and monitor the progress of their claims online, in order to improve efficiency, increase timeliness and reduce duplication in its claims administration process. The PSOB claims process will also be streamlined, consolidating legal and other functions within the Bureau of Justice Assistance (BJA) and eliminating duplicative documentation requirements. As part of the department’s ongoing efforts to improve the PSOB, BJA will continue to convene its series of stakeholder listening sessions in order to ensure transparency and a positive dialogue between the PSOB Office and its public safety partners in the field.
“These fundamental improvements to the Public Safety Officers’ Benefits Program will help us cut through red tape – and ensure that fallen or injured officers and their families can get the benefits they need in a timely manner,” said Attorney General Holder. “These improvements are representative of the value that I, the women and men of the Justice Department, and our entire country, must always place on the work of our law enforcement officers. And it’s emblematic of our commitment to standing with all who bravely serve our nation, especially in the toughest of times.”
“Over the past five years, the PSOB Office has provided more than $426 million in benefits to fallen police officers, firefighters and other first responders, processing more than 2,857 claims,” said Acting Assistant Attorney General Leary. “But we can do even better. These improvements will allow BJA to process cases and serve claimants even more efficiently. We are committed to ensuring that fallen public safety officers and their families get the benefits to which they are entitled under the law in a timely and transparent manner.”Enacted in 1976, the Public Safety Officers’ Benefits Act allows the Justice Department to recognize the ultimate sacrifice of law enforcement officers, firefighters and other first responders killed in the line of duty by providing a federal benefit to their eligible survivors. BJA’s PSOB Office administers the Death, Disability and Educational Assistance Programs; these benefits assist families who may be struggling with finances in the aftermath of tragedy, as well as officers catastrophically injured in the line of duty and spouses and children seeking educational assistance to attend institutions of higher education. The PSOB Office considers it an honor to assist families and agencies of America’s fallen law enforcement heroes throughout the review of their PSOB cases.
The Office of Justice Programs (OJP), headed by Acting Assistant Attorney General Mary Lou Leary, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six components: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. For more information about OJP please visit: http://www.ojp.gov. To read the Attorney General’s speech at the 25th Annual National Law Enforcement Officers Memorial Candlelight Vigil, please visit: http://www.justice.gov/iso/opa/ag/speeches/2013/ag-speech-130513.html.
Arizona Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Lauren Christine Nunez, 20, of Tucson, Ariz., pleaded guilty this afternoon in Las Cruces federal court to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office. Her co-defendant Kevin James Fitzgerald, 19, also of Tucson, pleaded guilty to the same methamphetamine trafficking charges on April 16, 2013.
Nunez and Fitzgerald were arrested on the night of Jan. 19, 2013, and charged with methamphetamine trafficking offenses after Border Patrol agents found 9.2 pounds of methamphetamine in a vehicle Nunez was driving and in which Fitzgerald was a passenger at the U.S. Border Patrol checkpoint on New Mexico Highway 26 near Truth or Consequences, N.M. The methamphetamine, which was contained in tin foil and cellophane-wrapped bundles, was discovered after a narcotics canine alerted to the vehicle thus indicating that the vehicle contained controlled substances.
This afternoon, Nunez pleaded guilty to a two-count felony information charging her with conspiracy and possession of methamphetamine with intent to distribute. In entering her plea, Nunez admitted that, in Jan. 2013, Fitzgerald and she agreed to transport methamphetamine from Arizona to Nebraska, where they intended to deliver the drugs to another person. She also admitted that the methamphetamine had been delivered to Fitzgerald and her more than a week before they were arrested on Jan. 19, 2013, and acknowledged responsibility for the methamphetamine found in their vehicle that night.
Nunez was remanded into federal custody after entering her guilty plea. She will remain detained pending her sentencing hearing, which has yet to be scheduled. Fitzgerald also is in federal custody pending his sentencing hearing. At sentencing, Nunez and Fitzgerald each face a mandatory minimum of ten years and a maximum of life in prison on each of the two offenses to which they pleaded guilty.
This case was investigated by the Las Cruces office of the DEA and the Truth or Consequences Border Patrol Station of U.S. Customs and Border Protection, and is being prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office.Anchorage Man sentenced to 84 months prison for drug firearm convictionRead the Press Release
Anchorage, Alaska B U.S. Attorney Karen L. Loeffler announced today that a resident of Anchorage was sentenced in federal court in Anchorage for possession of controlled substances with intent to distribute and being a felon in possession of a firearm.
Paul Baldwin, 22, from Anchorage, Alaska, was sentenced yesterday by U.S. District Court Judge Timothy M. Burgess. Baldwin received a sentence of 84 months prison and three years of supervised release. Baldwin had previously pled guilty to an indictment charging him with one count of possession of controlled substances with intent to distribute and one count of felon in possession of a firearm and ammunition.
According to Assistant U.S. Attorney Kelly Cavanaugh, who prosecuted the case, in November 2012, while driving toward Fairbanks, Baldwin was pulled over by the Alaska State Troopers (AST) for speeding near Talkeetna, Alaska. During a search of the vehicle, the AST found crack cocaine, several grams of powder cocaine, heroin, and several ounces of marijuana in the trunk of the vehicle. The AST also found a loaded .40 caliber pistol inside of a duffle bag. Baldwin had two prior convictions that were punishable by a prison term exceeding one year. The defendant was travelling to Fairbanks to sell the illegal drugs found in the vehicle and it is well known that retail prices for illegal drugs are significantly higher in Fairbanks than in Anchorage.
Prior to imposing a sentence, Judge Burgess said that he was concerned for the safety of the community and that Baldwin put himself, his passenger, and the people he was selling drugs to at risk with his behavior. Judge Burgess also stated that Baldwin was a “young man”, and that if he did not choose a different path after he was released from prison, that he would likely end up spending the rest of his life in prison.
Ms. Loeffler commended the Alaska State Troopers, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives for the investigation leading to the successful prosecution of Baldwin.
Anchorage Man sentenced to 84 months prison for distributing MethamphetamineRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that a man from Anchorage, Alaska, was sentenced in federal court for drug conspiracy and distribution of a controlled substance.
Albert Maifea, 36, was sentenced yesterday by U.S. District Court Judge Sharon L. Gleason. Maifea received a sentence of 84 months prison and five years of supervised release. Maifea had previously pled guilty to an indictment charging him with one count of drug conspiracy and one count of distribution of a controlled substance.
According to Assistant U.S. Attorney Kelly Cavanaugh, who prosecuted the case, in July 2012, Maifea distributed 15.7 grams of actual methamphetamine in exchange for $2,900.00. Maifea was in possession of a firearm during the methamphetamine transaction. Later in July 2012, after another sale of methamphetamine by Maifea, law enforcement attempted to apprehend him and Maifea attempted to flee from law enforcement while driving through a busy intersection in Anchorage. His dangerous driving caused several traffic collisions before he was arrested by law enforcement.
Prior to imposing the sentence, Judge Gleason said that the defendant created a risk to the public by fleeing from law enforcement and there was a need to protect the public from future crimes committed by the defendant. Judge Gleason found that Maifea’s drug offense was aggravated due to his carrying a firearm during the transaction and the collisions he caused while attempting to flee.
Ms. Loeffler commended the Alaska State Troopers, the Anchorage Police Department, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives for the investigation leading to the successful prosecution of Maifea.
Alamogordo Man Pleads Guilty to Robbing Bank in Hatch, N.M., in October 2012Read the Press Release
ALBUQUERQUE – Kenneth Morral, 31, of Alamogordo, N.M., pleaded guilty this afternoon to a bank robbery charge and admitted robbing the First New Mexico Bank in Hatch, N.M., on Oct. 19, 2012. Morral entered his guilty plea without the benefit of any plea agreement.
The First New Mexico Bank was robbed in the early afternoon of Oct. 19, 2012, by two men who approached two bank tellers and verbally demanded money. After obtaining money from the bank tellers, the men departed the bank and drove away in a grey colored vehicle. On Oct. 21, 2012, U.S. Customs and Border Protection reported to the FBI the discovery of an abandoned car that matched the description of the getaway car. The FBI found evidence in the vicinity of the vehicle linking it to the bank robbery and a check of the vehicle’s VIN led investigators to Ricky J. Garcia, 48, of Los Lunas, N.M. Garcia was arrested the next day after sources identified him as one of the men who perpetrated the bank robbery. Morral was identified as the other bank robber by a source on Oct. 25, 2012.
Jacleen Lorraine Henderson, 29, also of Los Lunas, assisted Garcia and Morral in the aftermath of the bank robbery after Garcia’s vehicle broke down by arranging for them to be picked up and by using proceeds of the bank robbery to purchase a vehicle and other items. Henderson was arrested on Nov. 1, 2012, and charged with being an accessory after the fact. Morral was arrested in Gallup, N.M., by the McKinley County Sheriff’s Office on Nov. 14, 2012.
Morral has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. On Jan. 15, 2013, Garcia pleaded guilty to bank robbery. Garcia too remains detained pending his yet to be scheduled sentencing hearing. Morral and Garcia each face a maximum penalty of 20 years in prison when they are sentenced. Henderson pleaded guilty to being an accessory after the fact on Jan. 29, 2013. She is detained pending her sentencing hearing and faces a maximum penalty of ten years in prison.
These cases are being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and E. Garreth Winstead of the U.S. Attorney’s Las Cruces Branch Office, and were investigated by the FBI and the Hatch Police Department with assistance from U.S. Customs and Border Protection and the McKinley County Sheriff’s Office.
Accused Las Vegas Mailbox Thieves to Appear in Court TomorrowRead the Press Release
LAS VEGAS, Nev. – Two men accused of stealing checks, credit cards and other items from local mailboxes using counterfeit U.S. Postal Service keys, are scheduled to be arraigned by a federal magistrate judge tomorrow afternoon, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Derrick F. Hutson, 42, and Marshal R. Stapleton, 27, both of Las Vegas, are scheduled to appear at 3:00 p.m. on Thursday, May 16, 2013, before U.S. Magistrate Judge Robert A. McQuaid, Jr. They are charged with conspiracy, possession of stolen mail and unauthorized possession of counterfeit U.S. Postal Service keys.
According to the criminal complaint dated April 23, 2013, United States Postal Service employees recently received reports of several incidents of mail theft in the Summerlin and Northwest areas of Las Vegas. The reports indicated that entire contents of mailboxes had been removed from cluster-type mailboxes, but that no damage had occurred to the mailboxes indicating the use of a counterfeit key. Following an investigation by the U.S. Postal Inspection Service, Hutson and Stapleton were apprehended on April 15, 2013, at approximately 2:20 a.m. while they were sitting in a vehicle parked next to a cluster mail box in a Summerlin-area community. Postal Inspectors recovered from the vehicle counterfeit U.S. Postal Service keys and burglary tools. Postal Inspectors later recovered from their homes, stolen U.S. Postal Service mailbox locks and parts, counterfeit keys, counterfeit identity documents, credit card manufacturing devices, check software, and stolen mail.
The criminal indictment charges that between January and April 23, 2013, Hutson and Stapleton made and possessed counterfeit U.S. Post Office keys which they used to steal checks, gift cards, debit cards, credit cards, and other items from mailboxes in Las Vegas.
If convicted, Hutson and Stapleton face up to five years in prison and a $250,000 fine on the conspiracy and stolen mail charges and up to 10 years in prison and a $250,000 fine on the counterfeit key charges. They are currently in federal custody pending their arraignment tomorrow.
The case is being investigated by the United States Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Brian Pugh.Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov
An indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Tuesday 14 May 2013
Western Minnesota Man Indicted for Distributing and Possessing Child PornographyRead the Press Release
MINNEAPOLIS—A federal indictment unsealed yesterday charges a 62-year-old man from the western Minnesota community of Graceville with distributing and possessing images of child pornography. The indictment, which was filed on May 7, 2013, charges John Rolland Parent with five counts of distribution of child pornography and one count of possession of child pornography. The indictment was unsealed following Parent’s initial appearance in federal court.
The indictment alleges that between March 15, 2011, and September 25, 2011, Parent distributed via a computer visual depictions of minors engaged in sexually explicit conduct. It also alleges that on June 12, 2012, Parent possessed more than 800 images and videos of similar conduct. Authorities found the items on computers, hard drives, and other digital media that they seized during the execution of a state search warrant at Parent’s residence.
If convicted, Parent faces a potential maximum penalty of 40 years in prison on each distribution count, and 20 years on the possession charge. Any sentence would be determined by a federal district court judge. This case is the result of an investigation by the Minnesota Internet Crimes Against Children Task Force, the Big Stone County Sheriff’s Office, the Federal Bureau of Investigation, and the Minnesota Bureau of Criminal Apprehension. It is being prosecuted by Assistant United States Attorney Andrew Dunne.
Distribution, and possession of child pornography is against the law. In addition to prosecuting these cases, the Justice Department is funding a study focused on the correlation between involvement in child pornography and hands-on sexual abuse of children. A 2008 study (The Butner Study) published in the Journal of Family Violence found that up to 80 percent of federal inmates incarcerated for possession, receipt, or distribution of child pornography also admitted to hands-on sexual abuse of children, ranging from touching to rape.
This case was brought as part of Project Safe Childhood (“PSC”), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney offices and the Justice Department’s Criminal Division, Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab “resources.”An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.
Union Official Charged with EmbezzlementRead the Press Release
PITTSBURGH - A resident of Cranberry Township, Pa., has been indicted by a federal grand jury in Pittsburgh on a charge of union embezzlement, United States Attorney David J. Hickton announced today.
The one-count indictment named Duane Rill, 51, as the sole defendant.
According to the indictment, Rill, a Secretary-Treasurer of the Berry Metal Employees’ Association, an independent union, stole approximately $13,496 from the union by writing and cashing unauthorized union checks and by making an unauthorized cash withdrawals during the period from March 23, 2007 to Nov. 20, 2009.
The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The Department of Labor, Office of Labor Management Standards, conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Tennessee Men Plead Guilty to Conspiring to Violate Civil Rights of African-american ResidentsRead the Press Release
Two Spring Hill, Tenn., men pleaded guilty in federal court today for their involvement in a racially-motivated conspiracy to interfere with the housing rights of African-American residents of the Spring Lake subdivision of Spring Hill, the Justice Department announced. Dakota James Calderhead, 20, and Kristian Chancellor Mathis, 19, each pleaded guilty in U.S. District Court in Nashville, Tenn., to one count of conspiracy to deprive a person of his civil rights.
According to their plea agreements, on or about December 30, 2011, Calderhead and Mathis conspired to vandalize homes in the Spring Lake subdivision. Mathis admitted to spray painting a swastika and racial slurs on the driveway of an African-American family’s residence.
Calderhead admitted that he fashioned a noose which Mathis hung from a tree outside of the residence. Calderhead also admitted to hanging a second noose from the driver’s side rearview mirror of the school bus located in front of another African-American family’s residence. Both defendants further admitted that their acts of vandalism were intimidating, and motivated, in part, by the race, color, or ethnicity of the victims.
“These innocent families were targeted and subjected to acts of harassment and intimidation for no other reason than their race,” said Deputy Assistant Attorney General Roy L. Austin Jr. of the Civil Rights Division. "The Justice Department will continue to vigorously enforce federal laws that guarantee the civil rights of all people.”
“The U.S. Attorney’s Office and our law enforcement partners remain committed to protecting the civil rights of all persons,” said David Rivera, Acting U.S. Attorney for the Middle District of Tennessee. “Conduct which seeks to deprive any person of their civil rights will always receive the full attention of this office.”
The defendants face maximum statutory penalties of 10 years in prison. U.S. District Judge Todd J. Campbell has scheduled sentencing for August 21, 2013.
This case was investigated by the Memphis Division, Columbia Resident Agency of the FBI and the Maury County Sherriff’s Department. It is being prosecuted by Senior Litigation Counsel Gerard Hogan and Trial Attorney Ryan Murguía of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Hal McDonough of the U.S. Attorney’s Office for the Middle District of Tennessee. Assistance was provided by District Attorney Mike Bottoms from the 22nd Judicial District of Tennessee.
Two Tennessee Men Plead Guilty to Conspiring to Violate Civil Rights of African-americanresidentsRead the Press Release
WASHINGTON – Two Spring Hill, Tenn., men pleaded guilty in federal court today for their involvement in a racially-motivated conspiracy to interfere with the housing rights of African-American residents of the Spring Lake subdivision of Spring Hill, the Justice Department announced. Dakota James Calderhead, 20, and Kristian Chancellor Mathis, 19, each pleaded guilty in U.S. District Court in Nashville, Tenn., to one count of conspiracy to deprive a person of his civil rights.
According to their plea agreements, on or about December 30, 2011, Calderhead and Mathis conspired to vandalize homes in the Spring Lake subdivision. Mathis admitted to spray painting a swastika and racial slurs on the driveway of an African-American family’s residence.
Calderhead admitted that he fashioned a noose which Mathis hung from a tree outside of the residence. Calderhead also admitted to hanging a second noose from the driver’s side rearview mirror of the school bus located in front of another African-American family’s residence. Both defendants further admitted that their acts of vandalism were intimidating, and motivated, in part, by the race, color, or ethnicity of the victims.
“These innocent families were targeted and subjected to acts of harassment and intimidation for no other reason than their race,” said Deputy Assistant Attorney General Roy L. Austin Jr. of the Civil Rights Division. "The Justice Department will continue to vigorously enforce federal laws that guarantee the civil rights of all people.”
“The U.S. Attorney’s Office and our law enforcement partners remain committed to protecting the civil rights of all persons,” said David Rivera, Acting U.S. Attorney for the Middle District of Tennessee. “Conduct which seeks to deprive any person of their civil rights will always receive the full attention of this office.”
The defendants face maximum statutory penalties of 10 years in prison. U.S. District Judge Todd J. Campbell has scheduled sentencing for August 21, 2013.
This case was investigated by the Memphis Division, Columbia Resident Agency of the FBI and the Maury County Sherriff’s Department. It is being prosecuted by Senior Litigation Counsel Gerard Hogan and Trial Attorney Ryan Murguía of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Hal McDonough of the U.S. Attorney’s Office for the Middle District of Tennessee. Assistance was provided by District Attorney Mike Bottoms from the 22nd Judicial District of Tennessee.
Two Sentenced to Federal Prison in Record Seizure of HeroinRead the Press Release
PROVIDENCE, R.I. – Jorge Daniel Estrada of Providence, R.I., and Angel Feliz of Dorchester, Mass., have been sentenced to lengthy federal prison sentences in connection with the seizure in October 2012 of 19 kilos of heroin, the largest single seizure in Rhode Island, announced United States Attorney Peter F. Neronha; Providence Public Safety Commissioner Steven M. Paré; Providence Police Chief Colonel Hugh T. Clements, Jr.; John J. Arvanitis, Special Agent in Charge of DEA’s New England Field Division; and Rhode Island Attorney General Peter F. Kilmartin.
The seizure of the heroin, valued at approximately $4.5 million, and the arrest of Estrada and Feliz, was prompted by information developed by Providence Police detectives during an on-going investigation into street-level drug dealing. A joint investigation by Providence Police and the DEA Drug Task Force resulted in the seizure of the heroin and the arrest of Estrada and Feliz.
Estrada, who pleaded guilty on January 29, 2013, to one count of possession with the intent to distribute one kilogram or more of heroin, was sentenced on Monday by U.S. District Court Chief Judge Mary M. Lisi to 180 months in federal prison, to be followed by lifetime supervised release.
Feliz, who pleaded guilty on January 29, 2013, to one count of attempting to possess with the intent to distribute one kilogram or more of heroin, was sentenced on May 10, 2013, by U.S. District Court Chief Judge Mary M. Lisi to 70 months in federal prison, to be followed by 3 years of supervised release.
According to information presented to the court, an individual previously arrested by Providence Police for the alleged possession of narcotics agreed to cooperate with law enforcement to arrange controlled deliveries of heroin. Two deliveries of a kilo of heroin took place on the evening of October 23, 2012, and on the following afternoon, witnessed by a team of law enforcement agents and officers from the DEA Drug Task Force and Providence Police. The drugs were quickly seized by law enforcement.
Later in the day on October 24, 2012, the informant received a call and was provided with a location to meet with a person who would be traveling from Massachusetts to Rhode Island to pick-up the two kilos of heroin. Law enforcement provided the informant with two fake kilos of heroin and watched as the delivery was made.
A search of Estrada’s Providence residence resulted in the seizure of an additional 17 kilos of heroin, a drug ledger, approximately $4,000 in cash, a money counter, various items used in the packaging of heroin, ammunition, and a sophisticated surveillance system. In addition, Estrada possessed a loaded handgun, ski mask and gloves, which were located in a sophisticated hidden compartment in the first vehicle used by Estrada to deliver a kilogram of heroin.
The case was prosecuted by Assistant U.S. Attorney Sandra R. Hebert.
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[email protected]Two Georgia Men Plead Guilty to Gift Card SchemeRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced that Derrick Nathaniel Hartfield, age 45, of Smyrna, Ga., and Rico Carty Clemons, 47, of Riverdale, Ga., pleaded guilty Monday before U.S. District Court Judge Richard T. Haik to taking part in a scheme to defraud Wal-Mart and other retail business nationwide out of hundreds of thousands of dollars through identity theft and wire fraud.
According to evidence presented at the guilty plea, Hartfield and Clemons admitted they used the illegally obtained retail store gift cards and applied for credit/debit cards using other peoples’ identities. Hartfield acknowledged during the entry of his guilty plea that he had advised law enforcement officers that he may have obtained approximately one million dollars in cash since 2005 as a result of the scheme. A Calcasieu Parish Sheriff’s Office deputy working a security detail at a Lake Charles Wal-Mart on July 7, 2012, apprehended the defendant Hartfield in the store. The officer then identified Clemons who was in a parked vehicle. The two men were in possession of thousands of dollars and numerous debit and credit cards that were not in their names.Both defendants face a maximum penalty of 30 years in prison, a $1 million fine, restitution, and five years of supervised release for pleading guilty to one count of wire fraud. Hartfield faces a mandatory two years in prison consecutive to any other sentence, a $250,000 fine, restitution, and three years of supervised release for pleading guilty to one count of aggravated identity theft. A sentencing date has not been set.
The Calcasieu Parish Sheriff’s Office and the U.S. Secret Service conducted the investigation. Assistant U.S. Attorney Brett L. Grayson is prosecuting the case.Two Doctors, Including A Psychiatrist for the U.S. Department of Veterans Affairs, and Two Others Charged in Brooklyn as Part of Nationwide Medicare Strike Force InitiativeRead the Press Release
Four individuals, including two doctors, have been charged for their alleged participation in two separate schemes that falsely billed the Medicare and Medicaid programs for more than $17 million.1 The charges filed in Brooklyn, New York, are part of a nationwide takedown by the Medicare Fraud Strike Force operations that led to charges against 89 individuals for their alleged participation in schemes to collectively submit approximately $223 million in fraudulent claims.
The Brooklyn cases were announced by United States Attorney Loretta E. Lynch of the Eastern District of New York, George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office, and Thomas O’Donnell, Special Agent-in-Charge, Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations, New York. The results of the nationwide takedown were announced today by Attorney General Eric H. Holder, Health and Human Services Secretary Kathleen Sebelius, Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, FBI Assistant Director Ron Hosko, Inspector General Daniel R. Levinson of HHS-OIG, and Centers for Medicare and Medicaid Services Deputy Administrator for Program Integrity Dr. Peter Budetti.
The two schemes charged in the Eastern District of New York, detailed in an indictment and a criminal complaint, and other documents filed by the government, are as follows:
Presman. Mikhail L. Presman, 55, a psychiatrist employed by the U.S. Department of Veterans Affairs (VA), was charged in a complaint with engaging in a scheme to submit false and fraudulent medicare claims while operating a private practice when not on duty at the VA. The complaint alleges that Presman submitted fraudulent claims to the Medicare program in excess of $4,000,000 for home medical visits for patients who were never seen by Presman, for patients whom Presman claimed to have treated when he was in fact away on vacation, and for patients who were confined in a hospital at the time that Presman claimed to have treated them. Presman received over $2,800,000 in Medicare payments as a result of this scheme. A search warrant was executed at Presman’s personal residence which purported to be his medical office. The Presman case is being prosecuted by Assistant United States Attorney Patricia E. Notopoulos and Trial Attorney Bryan Fields of the Criminal Division’s Fraud Section. The defendant is scheduled to be arraigned today before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn, New York.
Lee, et al. The indictment charges Chang Ho Lee, 66, a medical doctor, Michelle Lee, 58, the manager of several medical clinics, and Francis Choi, 54, a medical biller, with conspiracy to commit health care fraud, conspiracy to pay health care kickbacks, and falsification of records. Chang Ho Lee and Francis Choi are charged with health care fraud. Chang Ho Lee is separately charged with paying health care kickbacks. The charges arise from an approximately $13 million Medicare fraud scheme that took place at three clinics – two in Flushing, New York, and one in Brooklyn, New York – from approximately March 2007 to May 2012, in which patients were offered massages, facials, and other inducements and, in return, the clinic billed those patients’ Medicare numbers for physical therapy, lesion removals, and other procedures that were medically unnecessary and not provided. According to the indictment, when Medicare audited the clinics and asked for patient records in support of claims, the defendants created false patient records to submit to Medicare. The Lee case is being prosecuted by Trial Attorney Bryan Fields and Senior Trial Attorney Nicholas Acker of the Criminal Division’s Fraud Section. The defendant is scheduled to be arraigned today before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn, New York.
“As alleged, these two prosecutions have exposed corrupt doctors and medical professionals who defrauded the Medicare program out of millions of dollars for their personal gain. With so many patients in desperate need of medical care, it is particularly galling that these defendants allegedly arranged Medicare-funded facials and massages and billed while on vacation,” stated United States Attorney Lynch. “Today’s arrests demonstrate our continuing commitment to vigorously prosecute all who drain taxpayer funds from the Medicare program – funds which would otherwise pay for needed care for elderly and disabled Americans.” Ms. Lynch extended her grateful appreciation to the United States Department of Veterans Affairs, Office of Inspector General, the New York State Office of the Medicaid Inspector General, the New York Attorney General’s Office, the New York State Medicaid Fraud Control Unit, the New York State Department of Financial Services, the New York City Police Department, and New York City Human Resources Administration for their assistance in the investigations in this district.
FBI Assistant Director-in-Charge Venizelos stated, “The two cases present glaring
examples of abuse of the Medicare program. As alleged in the indictment and complaint, the common thread is unscrupulous medical professionals billing this taxpayer-funded program for millions of dollars of services that were either medically unnecessary or not provided at all. Alarmingly, one doctor allegedly billed for home visits when the patients were hospitalized and therefore not home, or when he himself was on vacation and not working. Medicare fraud threatens the vitality of the program and unjustly enriches lawbreakers, and it won’t be tolerated.”“Individuals continue to defraud the Medicare and Medicaid systems at an alarming rate, said HHS-OIG Special Agent-in-Charge O’Donnell. We will continue to aggressively investigate all heath care fraud schemes.”
The Defendants:
MIKHAIL PRESMAN
Brooklyn, NYFRANCIS CHOI
Blauvelt, NYCHANG LEE
Palisade Park, NJMICHELLE LEE
Palisade Park, NJ_____________________________
1 The charges are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Two Charged with Conspiring to Defraud the Government and Filing False Tax ReturnsRead the Press Release
JOHNSTOWN, Pa. - A resident of York, Pa., and a resident of Mahanoy City, Pa., have been indicted by a federal grand jury in Johnstown on charges of conspiracy to defraud the government and filing false and fictitious federal income tax returns, United States Attorney David J. Hickton announced today.
The 11-count indictment named Wendell Parker, 40, and Kimberly Lynn Snyder, 37.
According to the indictment, from April 2008 to Oct. 2010 Parker and Snyder conspired to file 72 false and fictitious income tax returns where they claimed tax refunds totaling $210,581, and from Dec. 15, 2008, to May 26, 2010, Parker prepared and filed federal income tax returns claiming refunds knowing the claimant's address, wage information and withholding information was false and fictitious.
The law provides for a maximum total sentence of 60 years in prison, a fine of $2,750,000, or both, for Parker; and 10 years in prison, a fine of $250,000, or both, for Snyder. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Internal Revenue Service-Criminal Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Twenty-Four South Florida Residents Charged as Part of Nationwide Coordinated Takedown by Medicare Fraud Strike Force OperationsRead the Press Release
89 Individuals Charged Nationally for Submitting
Approximately $223 Million in Fraudulent Billing;
South Florida Responsible for more than $45,299,935 in False BillingsWifredo 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, Christopher B. Dennis, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Ronald Verrochio, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Field Office, and Michael J. DePalma, Acting Special in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announced that twenty-four (24) South Florida residents were charged for their alleged participation in various schemes to defraud Medicare out of more than $45,299,935 million. The charges in South Florida are part of a nationwide takedown by Medicare Fraud Strike Force operations in eight cities that resulted in charges against 89 individuals, including doctors, nurses and other licensed professionals, for their alleged participation in Medicare fraud schemes involving approximately $223 million in false billings.
U.S. Attorney Wifredo Ferrer stated, “Health care fraud continues to be a drain on scarce Medicare dollars, as unscrupulous individuals insist on using the Medicare Trust Fund as their private ATMs. We are undaunted and remain committed in our resolve to help preserve and protect Medicare for those who need it – the sick, the elderly and the poor.”
“Today’s announcement marks the latest step forward in our comprehensive efforts to combat fraud and abuse in our health-care systems,” said Attorney General Holder. “These significant actions build on the remarkable progress that the HEAT has enabled us to make – alongside key federal, state, and local partners – in identifying and shutting down fraud schemes. They are helping to deter would-be criminals from engaging in fraudulent activities in the first place. And they underscore our ongoing commitment to protecting the American people from all forms of health-care fraud, safeguarding taxpayer resources and ensuring the integrity of essential health-care programs.”
“The Affordable Care Act has given us additional tools to preserve Medicare and protect the tens of millions of Americans who rely on it each day,” said Secretary Sebelius. “By expanding our authority to suspend Medicare payments and reimbursements when fraud is suspected, the law allows us to better preserve the system and save taxpayer dollars. Today we’re sending a strong, clear message to anyone seeking to defraud Medicare: You will get caught and you will pay the price. We will protect a sacred trust and an earned guarantee.”
“Today’s Medicare Fraud Strike Force takedown reminds us that South Florida remains ground zero for health care fraud. Almost one third of those charged in this eight-city operation were from the Miami area, accounting for more than $45 million in fraud,” said Michael B. Steinbach, Special Agent in Charge of FBI Miami Division. “Health care fraud is a multi-billion dollar crime problem that is not going away. The FBI is committed to rooting out health care fraud and reclaiming money that was dishonestly obtained.”
“Taxpayers expect us to work harder and smarter, and that is exactly what happened here today,” said Christopher B. Dennis, Special Agent in Charge, Office of Inspector General, U.S. Department of Health and Human Services, Miami region. “With the coordinated work of my agents and other law enforcement officials, we will not cease aggressive investigation and prosecution of those who exploit taxpayers and federal health programs. Today’s arrests clearly demonstrate our joint commitment with all our law enforcement partners to identify and rapidly address health care fraud.”
Michael J. DePalma, Acting Special in Charge for IRS-CI stated, “It is disappointing that these defendants opted for what many think is fast and easy money. But health care fraud is not a victimless crime. Health care fraud affects each of us, as tax dollars are stolen and squandered. IRS-CI will continue to lend its financial investigative expertise to ensure that fraudsters are not allowed to enjoy their ill-gotten gains. Together with our law enforcement partners we will continue to aggressively investigate health care fraud in South Florida.”
“This is what these operations are all about: coordinated takedowns such as this are at the heart of our Strike Force efforts to stop the illegal schemes that hurt victims in our communities and our government,” said USPIS Inspector in Charge Ronald Verrochio.
The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since their inception in March 2007, Strike Force operations in nine locations have charged more than 1,500 defendants who collectively have falsely billed the Medicare program for more than $5 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Specifically, the South Florida cases announced as part of the nationwide Medicare Fraud Strike Force takedown include:
1.U.S. v. Emilio Amador, Cristobal Gonzalez, Eduims Mora, Jose Contreras, and Elizabeth Monteagudo,
Case No. 13-20315-CR-Lenard
Five defendants are charged with conspiracy to receive health care kickbacks and substantive counts of receiving kickbacks in connection with a federal health care program. According to the indictment, the defendants participated in a scheme involving Caring Nurse Home Health, Corp. and Good Quality Home Health, Inc. The defendants allegedly supplied patients to Caring Nurse and/or Good Quality in exchange for kickbacks and bribes. Caring Nurse and Good Quality, in turn, fraudulently billed Medicare for approximately $50 million for home health services that were not provided and/or were not medically necessary. If convicted, the defendants face up to five years for each count. This case is being prosecuted by Trial Attorney Joseph Beemsterboer of the Criminal Division’s Fraud Section2.United States v. Rafael Meana and Janet Farigola,
Case No. 13-20275-CR-Middlebrookss
Defendants Rafael Meana and Janet Farigola are charged with conspiracy to commit health care fraud and several substantive counts of health care fraud. According to the indictment, the defendants participated in a scheme involving Lord’s Medical & Rehab Center, Inc. (Lords), a medical clinic that purportedly provided Medicare Advantage beneficiaries with medical items and services. From February 2010 through July 2011, Meana and Farigola allegedly caused Lord’s to submit approximately $5,497,047 in Medicare claims falsely claiming that health care benefits and services were medically necessary and had been provided to Medicare beneficiaries. As a result of the submission of these claims, Medicare paid Lord’s approximately $2,240,134. If convicted, the defendants face up to ten years in prison for each count of health care fraud. This case is being prosecuted by Assistant U.S. Attorney Christopher Clark.3.United States v. Jose Moran, Rafael Meana, and Armando Rubio Cordero, Case No.
13-20274-CR-Graham
The defendants are charged with conspiracy to commit health care fraud and several substantive counts of health care fraud. According to the indictment, the defendants participated in a scheme involving Lord Family Services, Inc., a medical clinic that purportedly provided Medicare Advantage beneficiaries with medical items and services. From January 2010 through September 2011, the defendants allegedly caused Lord Family Services, Inc. to submit approximately $1,919,751 in Medicare claims falsely claiming that health care benefits and services were medically necessary and had been provided to Medicare beneficiaries. As a result of the submission of these claims, Medicare paid Lord Family Services, Inc. approximately $976,476. If convicted, the defendants face up to ten years in prison for each count of health care fraud. This case is being prosecuted by Assistant U.S. Attorney Christopher Clark.4.United States v. Karina Merino,
Case No. 13-20332-CR-Martinez
Defendant Karina U. Merino is charged with a single count of health care fraud in connection with her role in a massive health care fraud scheme involving Ideal Home Health, Inc. (Ideal), which submitted more than $40 million in fraudulent claims to Medicare. The Information alleges that Merino, as a nurse for Ideal, falsified patient visitation logs to reflect that home health care nursing services had been provided to beneficiaries when such services had, in fact, not been provided. Ideal fraudulently billed the Medicare program for approximately $148,000. If convicted of the health care fraud charge, Merino faces up to ten years in prison. This case is being prosecuted by Assistant U.S. Attorney Kevin J. Larsen.5. United States v. Delia Y. Chaveco and Arturo Y. Chaveco,
Case No. 13-20333-CR-Moore
Delia Y. Chaveco and Arturo Y. Chaveco (the Chavecos) were charged by Information with a single count of conspiracy to receive kickbacks in connection with a federal health care benefit program. This charge stems from the Chavecos’ role in a health care fraud scheme involving Ideal Home Health Inc. (Ideal), an agency that submitted more than $40 million in fraudulent claims to the Medicare program. The Information alleges that Ideal and other Miami-Dade area home health agencies paid the Chavecos kickbacks in exchange for recruiting Medicare beneficiaries that they later used to bill the Medicare program. If convicted, the defendants face up to five years in prison. This case is being prosecuted by Assistant U.S. Attorney Kevin J. Larsen.6. United States v. Roberto Marrero, Sandra Fernandez Viera and Enrique Rodriguez,
Case No. 13-20318-CR-Moore
In this case, the defendants are charged with conspiracy to commit health care fraud, conspiracy to receive and pay health care kickbacks, and substantive kickback charges. Defendants Roberto Marrero and Sandra Fernandez Viera were the owners and operators of Trust Care Health Services, Inc. (Trust Care), which allegedly paid kickbacks and bribes to patient recruiters and beneficiaries to obtain Medicare beneficiaries, and then submitted more than $20 million in false and fraudulent claims to Medicare, primarily for skilled nursing diabetic care and physical/occupational therapy. Defendant Enrique Rodriguez worked as a patient recruiter for Trust Care, supplying patients in exchange for kickbacks and bribes. A civil injunction is being filed under 18 U.S.C. § 1345 to restrain the defendants’ assets to satisfy restitution in the criminal matter. If convicted, the defendants face up to ten years for the health care fraud charges and five years for each count of the kickback charges. This case is being prosecuted by Trial Attorney Brendan Stewart of the Criminal Division’s Fraud Section and the civil injunction is being handled by Civil Health Care Fraud Coordinator Assistant U.S. States Attorney Mark Lavine.7. United States v. Dora Moreira, Ivan Alejo, and Hugo Morales,
Case No. 13-20298-CR-Martinez
In this case, the defendants are charged with conspiracy to commit health care fraud, conspiracy to receive and pay health care kickbacks, substantive kickback charges, conspiracy to commit money laundering, and substantive money laundering. Defendant Dora Moreira was the owner and operator of Anna Nursing Services Corp. (Anna Nursing), which paid kickbacks and bribes to patient recruiters and beneficiaries to obtain Medicare beneficiaries. Anna Nursing was paid more than $7 million for the false claims it submitted to Medicare, which claims were primarily for physical/occupational therapy. Defendant Ivan Alejo worked at Anna Nursing, and was responsible for, among other things, negotiating kickback rates and distributing kickback payments to patient recruiters on behalf of Anna Nursing. Defendant Hugo Morales worked as a physical therapist on behalf of Anna Nursing, and was responsible for, among other things, fabricating patient medical documentation. Defendant Dora Moreira laundered money for the purpose, among others, of concealing the proceeds of the fraud and the payment of kickbacks to recruiters. The Asset Forfeiture Section has obtained restraining orders on the corporate bank account and on real property that is traceable to the fraud. If convicted, the defendants face up to ten years for the health care fraud charges, five years for each count of the kickback charges, and twenty years for the money laundering charges. This case is being prosecuted by Trial Attorney Brendan Stewart of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Eloisa Fernandez of the Asset Forfeiture Section.8. United States v. Marina Sanchez Pajon and Miguel Jimenez,
Case No. 13-20299-CR-Ungaro
Defendants are charged with conspiracy to commit health care fraud, conspiracy to receive and pay health care kickbacks, and substantive kickback charges. Defendants Marina Sanchez Pajon and Miguel Jimenez were the owners and operators of Flores Home Health Care Inc. (Flores Home Health), which allegedly paid kickbacks and bribes to patient recruiters and beneficiaries to obtain Medicare beneficiaries. Flores Home Health was paid more than $8 million for the false claims it submitted to Medicare, which claims were primarily for physical/occupational therapy. The Asset Forfeiture Section has obtained seizure warrants and restraining orders on five vehicles and bank accounts containing $160,000. They have also filed lis pendens against four real properties that were purchased with proceeds of the fraud. If convicted, the defendants face up to ten years for the health care fraud charges and five years for each count of the kickback charges. This case is being prosecuted by Trial Attorney Brendan Stewart of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Timothy Abraham of the Asset Forfeiture Section.9. United States v. Miguel A. Rodriguez,
Case No. 13-20319-CR-Lenard
Defendant Miguel A. Rodriguez is charged with three counts of paying kickbacks in connection with a federal health care program. The defendant allegedly paid kickbacks and bribes to induce medical providers to refer Medicare beneficiaries to his medical company for services, including x-rays. If convicted, the defendant faces up to five years in prison for each count of the kickback charges. This case is being prosecuted by Assistant U.S. Attorney John Gonsoulin.10. United States v. Enrique Alberto Siret Rodriguez,
Case No. 13-20284-CR-Moore
Defendant Enrique Alberto Siret Rodriguez is charged with four counts of health care fraud and two counts of paying kickbacks in connection with a federal health care program. The defendant allegedly paid kickbacks and bribes to a doctor for fraudulent home health care prescriptions that could be used to fraudulently bill Medicare. If convicted, the defendant faces up to 10 years in prison for each health care fraud count and up to five years for each of the kickback counts. This case is being prosecuted by Assistant U.S. Attorney John Gonsoulin.11. United States v. Alberto Cosme Garcia,
Case No. 13-20283-CR-Ungaro
Defendant Alberto Cosme Garcia is charged with one count of health care fraud and two counts of paying kickbacks in connection with a federal health care program. The defendant allegedly paid kickbacks and bribes to a doctor for fraudulent home health care prescriptions that could be used to fraudulently bill Medicare. If convicted, the defendant faces up to 10 years in prison for the health care fraud count and up to five years for each of the kickback counts. This case is being prosecuted by Assistant U.S. Attorney John Gonsoulin.Mr. Ferrer commended the investigative efforts of the FBI, HHS-OIG, USPIS and IRS-CI.
An indictment and Information are merely charges and defendants are presumed innocent until proven guilty.
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.
Tulalip Tribal Member Indicted for Second Degree Murder in Death of ToddlerRead the Press Release
A federal grand jury in Seattle today indicted CHRISTINA D. CARLSON, 37, an enrolled member of the Tulalip Tribes with second degree murder and two counts of criminal mistreatment related to the October, 2012 death of her young daughter and the neglect of her second daughter, announced U.S. Attorney Jenny A. Durkan. CARLSON will be arraigned on the indictment on May 23, 2013 in U.S. District Court in Seattle.
CARLSON has been in federal custody at the Federal Detention Center at SeaTac, Washington, since January 11, 2013. CARLSON was originally charged by a criminal complaint which is the sworn statement of the investigating agent. To proceed to trial a defendant must be indicted by a grand jury. That indictment, listing the three charges, was returned today. The criminal complaint described how on October 8, 2012, emergency crews were called to an address on Marine Drive NE on the Tulalip Tribal Reservation where CARLSON was performing CPR on her 19-month-old daughter who was unresponsive on a blanket on the ground. The child was unconscious, not breathing and covered in urine and feces. A second child, a 33-month old girl, was found strapped in her car seat in a nearby vehicle. The child was pale, unresponsive and covered in urine and feces. The girl was transported to the hospital and later recovered. The 19-month old child died and the Snohomish County Medical examiner classified the manner of death as homicide by parental neglect. According to the report the child was malnourished and dehydrated, weighing only 19 pounds. The child’s skin in the diaper area was excoriated and infested with maggots. Her hair was infested with lice.
The investigation revealed that CARLSON had been living in the car with the girls on the property since mid-September. On October 8, 2012 CARLSON had left the girls in the car while she went to use a phone at the residence on the property. CARLSON was away from the car for more than an hour by some estimates. About 20 minutes after the neighbors told her to go back to the car and her children, CARLSON returned asking them to call 9-1-1 because the youngest child was unresponsive.
Second Degree Murder is punishable by up to life in prison, with a mandatory minimum 30 years in prison for the death of a child. Criminal mistreatment is punishable by up to ten years in prison. The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the Tulalip Tribal Police and the FBI. The case is being prosecuted by Assistant United States Attorney J. Tate London.
Three New Castle Residents Admit Being Part of Prescription Drug RingRead the Press Release
PITTSBURGH - Three residents of New Castle, Pa., pleaded guilty in federal court to a charge of violating the federal drug laws, United States Attorney David J. Hickton announced today.
Thomas Klingensmith, Sr., age 58; Bobbi Jo Klingensmith, age 35; and Shannon Viggiano, 34, pleaded guilty to one count of conspiracy before United States District Judge Arthur J. Schwab.
In connection with the guilty pleas, the court was advised that between September 2008 and June 2011, a drug ring operated in the New Castle area, selling highly-addictive narcotic pills containing oxycodone on the street to drug users. Larry Dorsey, a former New Castle resident who was living in Florida during the conspiracy, was the supplier of nearly 50,000 pills to Chris Klingensmith and the others charged in this indictment. Thomas Klingensmith, Sr. - the father of Chris Klingensmith - Bobbi Jo Klingensmith, and Shannon Viggiano sold oxycodone in New Castle. In September 2010, co-defendant David Wooley was stopped by police in North Carolina, on his way to Florida. A search of his car turned up $158,409 in cash, hidden inside a door. The evidence showed that the oxycodone purchased for $14 a pill in Florida was being resold in New Castle for up to $25 a pill. Approximately a half million dollars in cash was seized in this investigation.
Judge Schwab scheduled sentencing for Sept. 6, 2013 at 9:30 a.m. for Thomas Klingensmith, Sr.; Sept. 17, 2013 at 9 a.m. for Bobbi Jo Klingensmith; and Nov. 18, 2013 at 8:30 a.m. for Shannon Viggiano. The law provides for a total sentence of not more than 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory J. Nescott is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, the New Castle Police, and the Pennsylvania State Police conducted the investigation that led to the prosecution of Thomas Klingensmith, Sr., Bobbi Jo Klingensmith, and Shannon Viggiano.
Three Men Plead Guilty to Conspiring to Distribute More Than 500 Grams of MethamphetamineRead the Press Release
MINNEAPOLIS—Earlier today in federal court, two Twin Cities-area men pleaded guilty to conspiring to distribute more than 500 grams of methamphetamine, among other drugs. Jose Francisco Hernandez-Perez, age 26, of West St. Paul, and Jose Enrique Mederos-Benitez, age 23, of Minneapolis, pleaded guilty to one count of conspiracy to distribute methamphetamine. In addition, Mederos-Benitez pleaded guilty to one count of using, carrying, and possessing a firearm during and in relation to a drug-trafficking crime. Both men were indicted on January 8, 2013, and entered their pleas before United States District Court Judge David S. Doty.
In their plea agreements, the defendants admitted that from the fall of 2012 through December 11, 2012, they, along with Fabio Adolpho Medal Lopez, age 57, of West St. Paul, conspired to distribute more than 500 grams of methamphetamine. On December 11, Mederos-Benitez and Hernandez-Perez had 1,786 grams of methamphetamine in the front seat of the car they were driving. Officers found the drugs when they stopped the car near the intersection of Robert Street and Thompson Avenue in West St. Paul. The men admitted they intended to distribute the methamphetamine later that day. Unknown to them, the buyer was an undercover officer. At the time of the stop, Mederos-Benitez also had a loaded .380-caliber, semi-automatic handgun tucked in his waistband. In a later search of Hernandez-Perez’s apartment, officers seized 903.9 grams of cocaine, 262.8 grams of methamphetamine, a scale, cutting agents, and other drug-related items.
On April 18, 2013, Lopez pleaded guilty to one count of conspiracy in connection to this case. In his plea agreement, he admitted conspiring with others to distribute methamphetamine. On October 23, November 19, and December 11, 2012, Lopez sold methamphetamine, totaling 216.7 grams, to a confidential informant.
For their crimes, all three defendants face a potential maximum penalty of life in federal prison, with a mandatory minimum penalty of ten years. In addition, Mederos-Benitez faces a consecutive 60-month sentence on the firearm charge, with a mandatory minimum consecutive sentence of five years. Because the federal criminal justice system does not have parole, offenders spend virtually the entire prison sentence imposed behind bars.
This case is the result of an investigation by the U.S. Drug Enforcement Administration, the St. Paul Police Department, and the Minnesota State Patrol. It is being prosecuted by Assistant U.S. Attorney Thomas M. Hollenhorst.To learn more about the harmful effects of methamphetamine, visit http://www.justice.gov/dea/pr/multimedia-library/publications/drug_of_abuse.pdf#page=48.
Three Fitchburg Men Plead Guilty to Distributing CrackRead the Press Release
BOSTON – Three Fitchburg men were convicted today in federal court on charges related to the distribution of crack cocaine.
Charles Simmons, a/k/a B, 24, pleaded guilty to conspiracy to distribute cocaine base and six counts of distribution of cocaine base. Michael Dorzin, a/k/a Bonz, 24, pleaded guilty to conspiracy to distribute cocaine base and two counts of distribution of cocaine base. Andre Dorzin, a/k/a Wish, 26, pleaded guilty to conspiracy to distribute cocaine base and four counts of distribution of cocaine base. U.S. District Judge Timothy S. Hillman scheduled sentencing for August.
Between July 2011 and October 2011, Simmons, Michael Dorzin, and Andre Dorzin participated in a conspiracy to distribute crack cocaine to a cooperating witness and on seven separate dates the conspirators distributed crack cocaine to the cooperating witness.
For conspiracy to distribute crack cocaine, the statutory mandatory minimum penalty is five years and up to 40 years in prison, followed by a period of supervised release (minimum of four years and up to life) and a $5 million fine. The distribution charge has a statutory maximum penalty of 20 years in prison, followed by a period of supervised release (minimum of three years and up to life) and a $1 million fine.
In January 2012, all three co-conspirators were arrested as part of Operation Red Wolf, a multi-agency investigation targeting gang members involved in drug dealing and firearms distribution in the Fitchburg area. Fourteen individuals have been charged in federal court as a result of that operation. To date, 12 of the 14 have been convicted, the remaining two await trial.
United States Attorney Carmen M. Ortiz; John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Fitchburg Police Chief Robert A. DeMoura; Eugenio A. Marquez, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Cory Flashner, Mark Grady and Karin Bell of Ortiz's Worcester Branch Office Unit.Three Charged in Cocaine Trafficking SchemeRead the Press Release
PITTSBURGH - Two Pennsylvania men and a resident of Texas have been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney David J. Hickton announced today.
The three-count indictment named William E. Wilson, Jr., 42, of Penn Hills, Pa.; Leland Ty Cobbs, 42, of Pittsburgh, Pa.; and Faustino Rodriguez Hernandez a/k/a David Chavez Carbajal, 36, of Conroe, Texas, as defendants.
According to the indictment, on or about April 23, 2013, the defendants conspired with one another, and with others, to distribute and possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine. Additionally, the indictment alleges that on or about April 23, 2013, the defendants distributed and possessed with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine.
The indictment also charges that on or about April 23, 2013, Wilson, Jr., being a convicted felon, illegally possessed a Glock, .40 caliber pistol and a Springfield XDm .45 caliber pistol. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year to possess a firearm.
The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Katherine A. King is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, the District Attorney's Narcotics Enforcement Team (DANET), the Swissvale Police Department and the Penn Hills Police Department conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Arrested, Charged in New Jersey for Multimillion-Dollar Fraud Offering Phony “pre-ipo” Facebook SharesRead the Press Release
One Conspirator Allegedly Committed Crimes While Federally Indicted in Unrelated Scam
NEWARK, N.J. – Federal law enforcement officers with the FBI and IRS-Criminal Investigationarrested three menat their homesthis morning on charges they stole approximately $6.7 million from an investor, in part by claiming special access to shares in the social media company Facebook Inc., prior to the company’s initial public offering, New Jersey U.S. Attorney Paul J. Fishman announced.
One of the men, Eliyahu Weinstein, 37, of Lakewood, N.J., faces additional charges for allegedly committing the fraud while under federal indictment in New Jersey for a separate real estate investment scheme.
Weinstein, Alex Schleider, 47, of Lakewood, and Aaron Muschel, 63, of Brooklyn, N.Y., are expected to appear on the charges this afternoon before U.S. Magistrate Judge Madeline Cox Arleo in Newark federal court.
“According to the charges, the defendants took advantage of the buzz around the Facebook IPO to fleece unsuspecting investors,” said U.S. Attorney Fishman. “Shamelessly, Eliyahu Weinstein allegedly committed these crimes while under federal indictment for another investment scheme, even using stolen money to pay his legal fees. Today’s arrest should put an end to his brazen conduct.”
“Today’s charged conduct is another example of the cautionary tale that if an opportunity seems to be too good to be true, it probably isn’t,” said FBI Special Agent in Charge Aaron T. Ford. “More than ever, the investing public must exercise the appropriate amount of due diligence before investing with new or unknown entities. This is highlighted by the fact that one of today’s charged individuals is currently awaiting sentencing on a previous fraud conviction.”
According to the complaint in this case and other documents filed in court:
In February of 2012, Weinstein and his fellow conspirators offered investors the opportunity to purchase large blocks of Facebook shares prior to the company’s IPO in May 2012. The offer was particularly attractive because large blocks of the shares were extremely difficult to get, and they were expected to increase in value at the time of the IPO. Weinstein, Schleider and Muschel did not actually have access to the shares.
Based on misrepresentations by Weinstein, Schleider, Muschel and another conspirator, an investor victim – described in the complaint as “G.C.” – wired millions of dollars between February and March of 2012 to an account Weinstein and a conspirator controlled. Weinstein and Schleider convinced G.C. to send the money by, among other things, providing the victim with false documents showing companies owned by various conspirators held assets which would secure G.C.’s investment.
The conspirators did not use any of G.C.’s money to purchase Facebook shares, instead misappropriating it for their own use and benefit by moving it through various accounts. Weinstein used some of the money to pay lawyers and experts representing him in his pending criminal case and in pending civil matters. Weinstein, Schleider and Muschel also used G.C.’s money to make investments in a number of different businesses unrelated to Facebook, and to make loans for their own benefit.
Throughout the scheme, Weinstein was under indictment and on pretrial release, and was prohibited from engaging in any monetary transaction for more than $1,000 without the approval of court-appointed special counsel. Weinstein pleaded guilty in January 2013, before U.S. District Judge Joel A. Pisano in Trenton, N.J., to two counts of that indictment, admitting he ran a real estate investment fraud scheme that caused $200 million in losses and then laundered the proceeds of the scheme.Weinstein, Schleider and Muschel are variously charged in the 13-count complaint unsealed today. The charges against each and the maximum potential penalty per count are as follows:
Count(s)
Charge
Charged Defendants
Maximum Potential Penalty/Count
wire fraud conspiracy
Weinstein, Schleider, Muschel
20 years in prison; $250,000 fine, or twice the gain or loss from the offense
2 – 6
wire fraud while on pretrial release
Weinstein
30 years in prison (10 years consecutive to 20 years for wire fraud);
$250,000 fine, or twice the gain or loss from the offense7 – 13
transacting in criminal proceeds
Weinstein, Muschel
10 years in prison; $250,000 fine, or twice the gain or loss from the offense
Additionally, the government is seeking the seizure and forfeiture of all funds fraudulently obtained by the defendants, including three pieces of real property allegedly maintained with the proceeds of the scheme.
U.S. Attorney Fishman praised special agents of the FBI, under the direction of Special Agent in Charge Ford in Newark, for their work leading the investigation of this case. He also credited special agents of IRS–Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen, for their important contributions.
The government is represented by Counsel to the U.S. Attorney Rachael A. Honig; Assistant U.S. Attorneys Gurbir S. Grewal and Zach Intrater of the U.S. Attorney’s Office Economic Crimes Unit; and Evan S. Weitz of the Office’s Asset Forfeiture and Money Laundering Unit.
The charges and allegations against the defendants are merely accusations, and they are considered innocent unless and until proven guilty.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.stopfraud.gov.
13-196
Defense counsel:
Eliyahu Weinstein: Henry E. Klingeman Esq., Newark; Mark D. Harris Esq., New York
Alex Schleider: Andrew Citron Esq., Forest Hills, N.Y.
Aaron Muschel: James T. Moriarty Esq., New York
Weinstein, Eliyahu et al. Complaint
Sutton Man Sentenced for Mortgage FraudRead the Press Release
BOSTON – A Sutton, Mass., man was sentenced today in U.S. District Court in Springfield for bank fraud and making false statements on a loan application.
Jeffrey Dodge, 53, was sentenced by U.S. District Judge Michael A. Ponsor to one day in prison, followed by two years of supervised release, and ordered to pay $135,494 restitution to the U.S. Department of Housing and Urban. In February 2013, Dodge pleaded guilty to bank fraud and false statement on a loan application.
Between June 2006 and November 2006, Dodge supplied false information and false documents to Bank of America when applying for a government-guaranteed mortgage loan. Dodge falsely stated that he had not been foreclosed upon when, in fact, he had just months earlier been foreclosed upon after defaulting on another government mortgage loan.
United States Attorney Carmen M. Ortiz and Cary A. Rubenstein, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, New York Regional Office, made the announcement today. The case was prosecuted by Assistant U.S. Attorneys Alex J. Grant of Ortiz's Springfield Branch Unit and Michelle L. Dineen Jerrett of Ortiz's Health Care Fraud Unit.
Spring Man Among Three Charged in Stolen Identity Refund Fraud ConspiracyRead the Press Release
HOUSTON – Jason Maclaskey, 33, has been charged with conspiracy, theft of government funds and aggravated identity theft related to his participation in a scheme to use stolen identities to file fraudulent tax returns, United States Attorney Kenneth Magidson announced today.
The 23-count indictment, returned March 6, 2013, charges Maclaskey, of Spring, as well as Heather Dale, 23, of Grant, Ala., and Omar Butt, 29, of Brooklyn, N.Y. All are charged with one count of conspiracy and one count of theft of public money. Dale and Butt are charged with seven and two counts, respectively, of aggravated identity theft, while Maclaskey faces nine counts on that charge. Maclaskey was further indicted on one count of access device fraud as well as one count each of being a fugitive in possession of a weapon and possession of a stolen weapon.
The three defendants were also indicted in Nevada for a similar fraud scheme and are currently pending trial there as well.
Maclaskey will make his initial appearance at 2:00 p.m. today before U.S. Magistrate Judge Stephen Smith, at which time the government is expected to request he be detained pending further criminal proceedings in this case. Dale and Butt made appearances last week and were both permitted release upon posting bond.
According to the indictment, the defendants unlawfully obtained names, dates of birth and Social Security numbers from 371 taxpayers and filed false tax returns in their names in 2009. The defendants allegedly used this information to also set up fraudulent bank accounts at Inter National Bank and through NetSpend debit cards in the taxpayers’ names and then directed the tax refunds to these accounts. The indictment alleges they withdrew this money using the NetSpend debit card at ATMs and by making purchases at various retail stores. Through this conspiracy, the defendants claimed a total of more than $1.4 million in false tax refunds and succeeded in withdrawing approximately $300,000.
Additionally, the indictment alleges Maclaskey was in possession of 10 firearms, one of which was stolen, on Nov. 1, 2011. At the time these weapons were seized, Maclaskey was a fugitive.
If convicted of conspiracy, all face up to five years in prison and a maximum of 10 years for theft of public money. Both of those convictions also carry a possible $250,000 fine. Maclaskey faces 10 years and $250,000 fines on each of the access device fraud and weapons counts, if convicted. For the aggravated identity theft charges, each defendant faces a mandatory two-year-term as to each count, which must be served consecutively to each other and to the other sentences imposed.
The investigation that led to this indictment was conducted by agents from Internal Revenue Service – Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Sharad S. Khandelwal is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Southwest Florida Men Sentenced on Federal Bank Robbery ChargesRead the Press Release
Fort Myers, Florida - U.S. District Judge John E. Steele sentenced Michael James Harrell (33, Fort Myers) and Matthew Rollins (27, Fort Myers) yesterday for armed bank robbery, possession of a firearm during a crime of violence, attempted bank robbery, conspiracy to commit armed bank robbery and conspiracy to use firearms during a crime of violence. These crimes relate to a series of bank robberies that took place in Lee County, during the summer and fall of 2011. Harrell was sentenced to 62 years in federal prison. Rollins was sentenced to 42 years in federal prison. A third participant, Maurice Andre Colbert (28, Fort Myers), will be sentenced on June 20, 2013.
According to evidence presented at trial, from June 6, 2011 through October 7, 2011, Harrell, Rollins, Colbert, and another individual conspired to rob area banks with firearms. In addition to the conspiracy, the jury found that the men were guilty of armed robbery and related weapons charges related to robberies of the following financial institutions: Lee County Postal Employees Credit Union (Harrell, Colbert - June 6, 2011); Wells Fargo Bank, Lehigh Acres (Harrell, Rollins - August 12, 2011); Preferred Community Bank, Lehigh Acres (Harrell, Rollins - August 31, 2011).
The jury also found all three men guilty of the attempted robbery of the following financial institutions: Wells Fargo Bank, Bonita Springs (September 14, 2011 - Harrell, Rollins, Colbert); Capital Bank, Fort Myers (October 4, 2011 - Harrell, Rollins, Colbert); Fifth Third Bank, Fort Myers (October 7, 2011 - Harrell, Colbert).
This case was the result of a cooperative investigative effort among the following federal, state, and local law enforcement agencies: the Federal Bureau of Investigation, Lee County Sheriff's Office, Fort Myers Police Department, Florida Department of Law Enforcement, Charlotte County Sheriff's Office, Collier County Sheriff's Office, Cape Coral Police Department, Punta Gorda Police Department, and the United States Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
South Carolina Man Sentenced to 10 Years in Prison for Transporting Stolen Weapons into New JerseyRead the Press Release
Cache Included Military-Style Assault Rifles, Handguns and Shotgun
NEWARK, N.J. – A South Carolina man was sentenced today to 120 months in prison for his role in transporting into New Jersey 22 firearms that were stolen from gun shops in Tennessee and North Carolina, U.S. Attorney Paul J. Fishman announced.
Bevan Holston, 41, of Columbia, S.C., previously pleaded guilty before U.S. District Judge Susan D. Wigenton to an Information charging him with one count of transporting stolen firearms in interstate commerce. Judge Wigenton imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
On March 7, 2012, Bassir Baxter, 40, of Columbia, S.C., Cedric Reddick, 20, and, his father, Holston allegedly drove from South Carolina to the apartment of Terrell James, 23, of Newark, to illegally sell the firearms. All four were charged by Complaint with transporting stolen firearms in interstate commerce.
The four men allegedly entered the apartment, where there were approximately 10 other individuals, and displayed firearms on the floor for the potential buyers. In total, 22 guns were recovered, including semi-automatic handguns and military-style assault rifles. Twenty had been stolen March 1, 2012, from a gun shop in Bristol, Tenn. Two of the guns had been stolen Feb.16, 2012, from a gun shop in Boone, N.C. Police arrested James and Baxter inside the apartment. Reddick and Holston were arrested after jumping to a rooftop from the kitchen window.
In addition to the prison term, Judge Wigenton sentenced Holston to three years of supervised release. The other three defendants are awaiting sentencing.
U.S. Attorney Fishman credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon; special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; the Essex County Prosecutor's Office, under the direction of Acting Prosecutor Carolyn A. Murray; and the Newark Police Department, under the direction of Director Samuel DeMaio and Police Chief Sheilah Coley, with the investigation leading to today’s sentence.The government is represented by Assistant U.S. Attorney José R. Almonte of the U.S. Attorney's Office Narcotics/OCDETF Unit.
Defense counsel: Stephen Dratch Esq., Livingston
13-198Smithfield Drug Dealer Sentenced to 45 Years ImprisonmentRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today, Chief United States District Judge James C. Dever, III sentenced GREGORY DEVON OBEY, 29, of Smithfield, North Carolina, to 540 months imprisonment followed by 8 years supervised release.
A Federal Grand Jury returned a Criminal Indictment on August 8, 2012, charging OBEY with one count of Conspiracy to Distribute and Possess with the Intent to Distribute 280 Grams or More of Cocaine Base (Crack) and 5 kilograms or More of Cocaine, in violation of Title 21, United States Code, Section 846, 1 count of Distribution of Cocaine, 1 count of Aiding and Abetting Distribution of Cocaine, and 5 counts of Distribution of 28 Grams or More of Cocaine Base (Crack), in violation of Title 21, United States Code, Section 841. On January 25, 2013, after a 3 day trial, a jury convicted OBEY of a drug conspiracy and all seven drug distribution counts.
The evidence in the case demonstrated that from at least March 2011, up to and including June 13, 2012, OBEY was involved in a drug conspiracy with several other individuals in the Smithfield area in a loose conspiracy to distribute cocaine and crack cocaine. Specifically, OBEY made statements immediately after his arrest and identified his sources of supply in the Smithfield area. All told, as part of the conspiracy, OBEY was held accountable for over 45 kilograms of crack cocaine and 18 kilograms of powder cocaine. The evidence further showed that from August 30, 2011, up to and including June 13, 2012, OBEY sold cocaine and crack cocaine on 7 different occasions to a confidential informant working for the Smithfield Police Department and Johnston County Sheriff’s Office. Other sources of information identified OBEY as a drug dealer as well. Finally, during the trial, evidence was introduced showing that OBEY was involved in threats made to the confidential informant in July 2012.
Investigation of this case was conducted by the Smithfield Police Department, the Johnston County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Rudy E. Renfer represented the government.
Seventeen Individuals Sentenced During the Month of April for Federal Supervised Release and Probation ViolationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of April, 2013, seventeen individuals had their supervised release or probation revoked for violating terms and conditions imposed by the United States District Court.
WHEELING DIVISION REVOCATIONS
(Judge Frederick P. Stamp, Jr.)
JESSE TALERICO, age 26, of Steubenville, Ohio, was sentenced to 9 months imprisonment for failing to submit monthly reports in a timely manner, failure to follow instructions of probation officer and absconding from supervision. TALERICO was originally sentenced on September 14, 2009, to 3 years probation for possession with intent to distribute heroin. On July 2, 2012, TALERICO’s probation was revoked and he was sentenced to 3 months imprisonment and 3 years of supervised release. TALERICO was remanded to the custody of the United States Marshal pending designation to a Federal institution.
MATTHEW IAN HAUGHT, age 30, of Follansbee, West Virginia, was sentenced to 3 months imprisonment to be followed by 33 months of supervised release for use and possession of controlled substances and failure to report for scheduled drug screens. HAUGHT was originally sentenced on August 14, 2009, to 33 months imprisonment and 3 years of supervised release for being a drug addict in possession of a firearm. HAUGHT will self-report to the designated Federal institution.
CRAIG ELMORE, age 25, of Weirton, West Virginia, was sentenced to 2 months imprisonment to be followed by 58 months of supervised release for possession and use of controlled substances; failure to report to probation officer; failure to participate in testing, counseling and treatment for drug abuse; and failure to notify probation officer to change in residence or employment. ELMORE was originally sentenced on August 25, 2008, to 46 months imprisonment and 5 years of supervised release for conspiracy to distribute more than
50 grams of cocaine base. On November 1, 2011, ELMORE’s sentence was reduced to 30 months imprisonment pursuant to the crack re-sentencing guidelines. ELMORE will self- report to the designated Federal institution.The United States was represented at the Wheeling revocation hearings by Assistant
United States Attorney Randolph J. Bernard.CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
JOSHUA BLEAU BARNETT, age 34, of Dunbar, West Virginia, was sentenced to 18 months imprisonment for absconding from supervision, failure to report to the probation officer and failure to follow the instruction of the probation officer. BARNETT was originally sentenced on September 2, 2004, to 33 months imprisonment and 3 years of supervised release for theft of firearms from a federally licensed firearms dealer. On May 17, 2012, BARNETT’s supervised release was revoked for possession and use of controlled substances and failure to report for drug testing and he was sentenced to 6 months imprisonment and 30 months supervised release. BARNETT was remanded to the custody of the United States Marshal pending designation to a Federal institution.ROBERT WALLS, age 45, of Morgantown, West Virginia, was sentenced to 15 months imprisonment for failure to notify probation officer before obtaining any prescription medications, failure to truthfully answer inquiries of probation officer, failure to follow instructions of probation officer, possession and use of a prescription medication, failure to participate in substance abuse counseling, and state conviction for doctor shopping. WALLS was originally sentenced on July 11, 2008, to 12 months and 1 day imprisonment and 3 years of supervised release for possession, sale and disposal of a firearm. On September 6, 2011, WALLS’ supervised release was revoked and he was sentenced to 9 months imprisonment and
27 months of supervised release. WALLS was remanded to the custody of the United States
Marshal pending designation to a Federal institution.JENNIFER L. KELLY, age 30, of Bridgeport, West Virginia, was sentenced to 14 months imprisonment for testing positive for the use of controlled substances, failure to appear for a drug screen and a new misdemeanor citation for possession of drug paraphernalia. KELLEY was originally sentenced on November 5, 2007, to 15 months imprisonment and 6 years of supervised release for the distribution of cocaine base within 1,000 feet of a playground. On August 26, 2011, KELLEY’s supervised release was revoked for testing positive for the use of controlled substances and failure to report for a drug test and she was sentenced to 18 months imprisonment and 54 months of supervised release. KELLEY was remanded to the custody of the United States Marshal pending designation to a Federal institution.
STEVIE LAMAR STEPHENS, age 32, of Morgantown, West Virginia, was sentenced to 12 months and 1 day imprisonment for testing positive for the use of marijuana on two separate occasions. STEPHENS was originally sentenced on January 3, 2006, to 41 months imprisonment and 6 years of supervised release for the distribution of cocaine base within
1,000 feet of a school. On March 14, 2008, STEPHENS sentence was reduced to 33 months imprisonment pursuant to the crack re-sentencing guidelines. STEPHENS will self-report to the designated Federal institution.JOSEPH SPENCE, age 27, of Rachel, West Virginia, was sentenced to 12 months imprisonment for unlawful use and possession of a controlled substance, failure to report for drug testing on two occasions and four new traffic citations. SPENCE was originally sentenced on January 23, 2008, to 20 months imprisonment and 3 years of supervised release for the distribution of cocaine base. On June 24, 2010, SPENCE’s supervised release was revoked for testing positive for the use of controlled substances and he was sentenced to 10 months imprisonment and 26 months of supervised release. SPENCE was remanded to the custody of the United States Marshal pending designation to a Federal institution.
HAROLD WEIGHTMAN WILLIAMS, III, age 42, of Clarksburg, was sentenced to
12 months imprisonment for failure to update sex offender registration, change in residence without permission and failure to submit to drug testing. WILLIAMS was originally sentenced on February 13, 2003, to 110 months imprisonment and 3 years of supervised release for being a convicted felon in possession of a firearm. On October 27, 2011, WILLIAMS’ supervised release was revoked for failure to follow instructions of the probation officer, failure to submit to drug testing, use of marijuana and change of residence without permission and he was sentenced to 2 months imprisonment and 34 months of supervised release. On February 1, 2012, WILLIAMS’ supervised release was once again revoked for testing positive for the use of cocaine and he was sentenced to 10 months imprisonment and 24 months of supervised release. WILLIAMS was remanded to the custody of the United States Marshal pending designation to a Federal institution.CRAIG WAYNE SINGLETON, age 52, of Clarksburg, was sentenced to 5 months imprisonment to be followed by 67 months of supervised release for failure to follow instructions of probation officer, failure to participate in substance abuse counsel, failure to report for drug testing, frequenting places where controlled substances are used and associating with persons involved in criminal activity. SINGLETON was originally sentenced on April 5, 2007, to 63 months imprisonment and 6 years of supervised release for the distribution of cocaine base within 1,000 feet of a protected location. On October 31, 2008, SINGLETON’s sentence was reduced to 41 months imprisonment pursuant to the crack re- sentencing guidelines. SINGLETON will self-report to the designated Federal institution.
The United States was represented at the Clarksburg revocation hearings by Assistant
United States Attorneys Shawn A. Morgan, Brandon S. Flower and Zelda E. Wesley.MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)
DELMAR HOZA CURRY, age 32, of Martinsburg, West Virginia, was sentenced to
18 months imprisonment for failure to submit timely monthly reports, conviction for no operators, arrest on two counts of possession with intent to deliver a controlled substance, failure to report police contact with probation officer and failure to truthfully answer the probation officer’s inquiry. CURRY was originally sentenced on December 2, 2002, to 78 months imprisonment and 60 months of supervised release for possession with intent to distribute cocaine. On July 21, 2010, CURRY’s supervised release was revoked for failure to report for drug testing and failure to attend treatment program and he was sentenced to 5 months imprisonment and 48 months of supervised release. CURRY was remanded to the custody of the United States Marshal pending designation to a Federal institution.SHANNON JAMES BARNEY, age 30, of Martinsburg, was sentenced to 18 months imprisonment for use of controlled substances, failure to notify probation office of address change, failure to follow probation officer’s directions and committing a new federal, state or local crime. BARNEY was originally sentenced on May 9, 2012, to 27 months imprisonment and 3 years of supervised release for the possession with intent to distribute heroin. BARNEY was remanded to the custody of the United States Marshal pending designation to a Federal institution.
JUSTIN AARON KESECKER, age 29, of Hedgesville, West Virginia, was sentenced to 16 months imprisonment for leaving the judicial district without permission, testing positive for the use of controlled substances, being untruthful with probation officer and possession of heroin. KESECKER was originally sentenced on October 18, 2011, to 2 years probation for assaulting, resisting and impeding a United States Postal Clerk with the intent to rob the Clerk. On May 10, 2012, KESECKER’s probation was revoked for testing positive for the use of heroin and he was sentenced to 6 months imprisonment and 3 years of supervised release. KESECKER was remanded to the custody of the United States Marshal pending designation to a Federal institution.
JORDAN TYLER KESECKER, age 26, of Hedgesville, was sentenced to 16 months imprisonment for possession of heroin. KESECKER was originally sentenced on October 18,
2011, to 2 years probation for assaulting, resisting and impeding a United States Postal Clerk with the intent to rob the Clerk. On May 10, 2012, KESECKER’s probation was revoked for testing positive for the use of heroin and he was sentenced to 6 months imprisonment and 3 years of supervised release. KESECKER was remanded to the custody of the United States Marshal pending designation to a Federal institution.LOUIS GONZALEZ, age 31, of Martinsburg, was sentenced to 12 months imprisonment to be followed by 24 months of supervised release for a new felony conviction for armed robbery. GONZALEZ was originally sentenced on February 17, 2005, to 31 months imprisonment and 3 years of supervised release for making a false statement in the acquisition of a firearm. GONZALEZ was remanded to the custody of the United States Marshal pending designation to a Federal institution.
DAVID DWAYNE GESFORD, age 28, of Martinsburg, was sentenced to 6 months imprisonment to be followed by 18 months of supervised release for use of controlled substances, failure to attend counsel, failure to file report with probation office and a stae conviction for delivery of a counterfeit controlled substance. GESFORD was originally sentenced on August 5, 2008, to 21 months imprisonment and 24 months of supervised release for being a drug user in possession of a firearm. GESFORD was remanded to the custody of the United States Marshal pending designation to a Federal institution.
RICHARD ANDREW ZOMBRO, age 45, of Bunker Hill, West Virginia, was sentenced to 5 months imprisonment to be followed by 19 months of supervised release for leaving judicial district without permission of probation officer, possession of drug paraphernalia, use of controlled substances, associating with drug user, and failure to follow instructions of his probation officer. ZOMBRO was originally sentenced on July 6, 2011, to 10 months imprisonment and 2 years of supervised release for disposal of a stolen firearm. ZOMBRO was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Martinsburg revocation hearings by Assistant
United States Attorney Paul T. Camilletti.The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.
Seven Face Federal Methamphetamine ChargesRead the Press Release
A federal grand jury in Benton, Illinois, has charged seven individuals with methamphetamine related offenses, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Those charged with various methamphetamine offenses are:Daniel E. Pickens, 30, of Wheeler, Illinois; Rachel S. Priest, 37, of Wheeler, Illinois; Justin Pocrnich, 28, of Wheeler, Illinois; Deborah S. Rogers, 47, of Wheeler, Illinois; Kimberly A. Barker (Depositer), 32 of Watson, Illinois; Joshua R. Rodgers, 22, of Hidalgo, Illinois, and Savannah L. Ellis, 20, of Newton, Illinois.
The 26 count indictment charges all of the defendants with conspiracy to manufacture methamphetamine. All of the defendants are also charged with possession of pseudoephedrine with intent that it be used to manufacture methamphetamine. Defendant Pickens is also charged with maintaining a drug house in Wheeler, Illinois, and with several thefts of anhydrous ammonia.
If convicted, those charged with conspiracy to manufacture methamphetamine face 10 years to life in prison and a $10 million fine. Those charged with the other methamphetamine related offenses also face up to 20 years imprisonment and a $250,000 fine.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proven guilty beyond a reasonable doubt to the satisfaction of a jury.
The investigation in this case was conducted by the Drug Enforcement Administration, the Illinois State Police, Southeastern Illinois Drug Task Force, United States Marshals Service, the Effingham County Sheriff’s Office; the Effingham County State’s Attorney’s Office, the Jasper County Sheriff’s Office and the Jasper County State’s Attorney’s Office.
The case is being prosecuted by Assistant United States Attorney Tom Leggans.
Sekiu Resident Sentenced to 12 Years in Prison for Drug and Gun CrimesRead the Press Release
A resident of Sekiu, Washington, who had been banned from Makah Tribal lands, was sentenced last week to 12 years in prison for Possession of Oxycodone with Intent to Distribute, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime, announced U.S. Attorney Jenny A. Durkan. JAMES G. RODE, 47, was arrested March 2, 2012 following a court authorized search of his residence. Law enforcement found forty 15mg oxycodone pills hidden in a heating vent in the bathroom. Nearby, they found three firearms. RODE pleaded guilty in November 2012, admitting that the firearms were used to further his drug trafficking activity. On Friday May 10, 2013, U.S. District Judge Ronald B. Leighton ordered RODE to serve five years of supervised release following his prison term.
According to records in the case, members of the Olympic Peninsula Narcotics Enforcement Team were investigating RODE’s drug dealing. In February 2012 someone working with law enforcement bought oxycodone from RODE on multiple occasions. RODE had previously been banned from Makah Tribal lands because of criminal activity including burglary and sexual assault. RODE is a registered sex offender.
In asking for the 12 year sentence prosecutors noted the damage RODE did to the community. RODE “caused substantial harm to those living on the Makah Indian reservation where he distributed large quantities of Oxycodone pills. He also has a rather violent and prolific criminal history, which includes home invasion burglaries, as well as a prior conviction for unlawful possession of a firearm,” prosecutors wrote in their sentencing memo.
The case was investigated by Neah Bay Tribal Police, Olympic Peninsula Narcotics Enforcement Team, and agents from the FBI and Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
The case was prosecuted by Assistant United States Attorney J. Tate London.