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10 June 2013
New York Immigration Judge Participates in Naturalization CeremonyRead the Press Release
NEW YORK -- Immigration Judge Aviva Poczter from the Executive Office for Immigration Review, New York Immigration Court, delivered the keynote speech and administered the oath of allegiance to approximately 150 candidates during a naturalization ceremony at 26 Federal Plaza in New York on June 7, 2013. The New York District Office of U.S. Citizenship and Immigration Services, Department of Homeland Security, hosted the ceremony.
Biographical Information
Attorney General Eric Holder appointed Judge Poczter in December 2010. Judge Poczter received a bachelor of arts degree in 1996 from McGill University, Montreal, Quebec, Canada and a juris doctorate degree in 1999 from American University, Washington College of Law. From 2002 to December 2010, she worked for the Department of Justice (DOJ), Office of Immigration Litigation, as a trial attorney from 2002 to 2005, and as a senior litigation counsel from 2005 to December 2010. From 2000 to 2002, she served as an attorney advisor for the DOJ, Executive Office for Immigration Review (EOIR), Board of Immigration Appeals. From 1999 to 2000, she was a judicial law clerk for EOIR’s Boston Immigration Court. Judge Poczter is a member of the State Bar of Massachusetts and the New York State Bar.
- EOIR -
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR’s Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.
Executive Office for Immigration ReviewNew York Attorney Pleads Guilty to Participating in Multi-Million Dollar Real Estate Fraud SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that EDWARD ADAMS, a New York-based attorney, pled guilty today in Manhattan federal court to conspiracy to commit wire fraud in connection with his participation in a fraudulent real estate scheme. As part of that scheme, ADAMS and a co-conspirator misappropriated millions of dollars in escrow funds that should have been safeguarded for investors in a real estate development project. The real estate project was never developed and investors lost all of their money. ADAMS pled guilty before U.S. District Judge John G. Koeltl.
According to the Information, statements made during today’s guilty plea proceeding, and a Complaint previously unsealed in Manhattan federal court:
Beginning in early 2008, ADAMS and James Monahan, a former sergeant in the New York City Police Department and the owner of a real estate investment company called Panam Management Group, Inc., negotiated with another real estate investment company to solicit investors for a project Monahan claimed to be constructing in the Dominican Republic. In connection with the project, ADAMS and Monahan executed agreements that required investor funds to be deposited into escrow accounts that were to be managed by ADAMS. From October 2008 through February 2009, approximately $4.7 million in investor funds were deposited into the escrow accounts. Shortly after the deposits were made, the funds were improperly withdrawn by ADAMS and Monahan without disclosure to investors.
In an effort to hide the fact that the funds had been removed from the escrow account, Monahan mailed a forged letter on the stationery of a major bank to investors in May 2009 claiming that their money was safely deposited with that bank. However, by June 2009, all of the investor funds had been taken from the escrow accounts. At that point, almost no work had been performed on the purported project in the Dominican Republic. None of the money was returned to investors.
ADAMS, 69, of New York, New York, pled guilty to one count of conspiracy to commit wire fraud, which carries a maximum potential penalty of five years in prison and a fine of $250,000, or twice the gross gain or loss from the offense. He is scheduled to be sentenced by Judge Koeltl on October 18, 2013 at 10:00 a.m.
Monahan pled guilty on May 29, 2013 and is scheduled to be sentenced by Judge Koeltl on October 4, 2013 at 10 a.m.
Mr. Bharara praised the work of the Federal Bureau of Investigation.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force, on which Mr. Bharara serves as a Co-Chair of the Securities and Commodities Fraud Working Group. 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.
This case is being handled by the Office's Securities and Commodities Fraud Task Force. Assistant U.S. Attorney John T. Zach is in charge of the prosecution.
U.S. v. Edward Adams S1 Information
New Haven Drug Dealer Sentenced to Five Years in Federal PrisonRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that RAYMOND SERRANO, 22, of New Haven, was sentenced today by United States District Judge Robert N. Chatigny in Hartford to 60 months of imprisonment, followed by four years of supervised release, for distributing narcotics in New Haven.
According to court documents and statements made in court, in April 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosives, in conjunction with the Drug Enforcement Administration and the New Haven Police Department’s Tactical Narcotics Unit, began an intensive investigation into drug dealing in the vicinity of 36 Maltby Place in the Fair Haven section of New Haven. The investigation, which included the use of court-authorized wiretaps, law enforcement surveillance and controlled purchases of crack cocaine and cocaine from a number of individuals, revealed that SERRANO and others operated an open-air narcotics market where they sold crack cocaine, cocaine, and heroin to customers on a daily basis.
SERRANO has been detained since his arrest on November 16, 2011. On October 1, 2012, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 28 grams or more of cocaine base (“crack”), a quantity of cocaine and a quantity of heroin.
This matter has been investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the New Haven Police Department’s Tactical Narcotics Unit. The Stamford Police Department has provided critical assistance to the investigation.
This case is being prosecuted by Assistant United States Attorneys Anthony E. Kaplan and Marc H. Silverman.
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U.S. ATTORNEY'S OFFICE
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(203) 821-3722 [email protected]Mission Man Sentenced for Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man convicted of Escape from Custody was sentenced on May 29, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Bryce Allan Larvie, a/k/a Bryce Allen Larvie, age 22, was sentenced to 18 months’ imprisonment, 1 year supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
On April 25, 2011, Larvie was sentenced to 24 months of custody in Federal District Court on a supervised release revocation from a 2009 Destruction of an Energy Facility conviction. On June 6, 2012, Larvie was transferred to the Community Alternatives of the Black Hills (CABH) facility in Rapid City to serve out the remainder of his sentence, which was scheduled to end on December 2, 2012. On July 20, 2012, Larvie left the CABH facility without permission and did not return. Larive pled guilty to the escape charge on December 28, 2012.
This case was investigated by U.S. Marshals Service. Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.
Larvie was immediately turned over to the custody of the U.S. Marshal.
Minnesota Man Sentenced for Selling HeroinRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 10, 2013, Curtis D. Jochim, 26, Selfridge, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault with a dangerous weapon. Jochim pleaded guilty to the charge on March 18, 2013.
Judge Hovland sentenced Jochim to serve one year and nine months in federal prison, to be followed by three years of supervised release. Jochim was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On July 5, 2012, Jochim assaulted a man using his teeth, a hammer and a broom. The man required medical attention for his injuries.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency and the Federal Bureau of Investigation.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Minnesota Man Sentenced for Sexual Assault of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Minneapolis, Minnesota man convicted of sexual assault of a minor was sentenced on May 31, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Adam Standing Soldier, age 25, was sentenced to 37 months’ imprisonment, 5 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
On February 5, 2012 Standing Soldier engaged in a sexual act with a minor. The offense occurred in South Dakota. Standing Soldier pled guilty to the charge on February 14, 2013.
This case was investigated by the Federal Bureau of Investigation. Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.
Standing Soldier was immediately remanded to the custody of the Federal Bureau of Prisons.
Members of Prescription Drug Distribution Ring Sentenced to PrisonRead the Press Release
Conspiracy Involved over 30,000 Oxycodone Pills
ATLANTA - Kristen Noelle Goduto and 12 other defendants have been sentenced on charges of conspiring to possess oxycodone with the intent to distribute it. The defendants had all previously pleaded guilty to the charges.
“These defendants exhibited total disregard for how their pill peddling could destroy lives,” said United States Attorney Sally Quillian Yates. “This prescription drug can be deadly when not taken under proper medical oversight. Such brazen forging of prescriptions should serve as a reminder that some in our society will go to any length for illicit gain. We will continue in our commitment to prosecute law-breakers and keep the citizens of this district safe.”
Harry S. Sommers, the Special Agent in Charge of the Atlanta Field Division of the DEA said of the case, “The sharp increase in the distribution of pain pills for non-medical reasons continues to be a major concern. As such, DEA and its local law enforcement counterparts will continue to target those who traffic these addictive pain medications. These individuals are deserving of the sentences that they received today because of the spirited level of law enforcement cooperation.”
According to United States Attorney Yates, the charges and other information presented in court: Kristen Noelle Goduto led these 12 defendants in a conspiracy to possess oxycodone with the intent to distribute it. Goduto manufactured prescriptions for oxycodone and recruited others to pass the forged prescriptions throughout the Northern District of Georgia. The majority of the other defendants sentenced today assisted her by passing the prescriptions. The prescriptions would appear legitimate and would often pass through pharmacies because Goduto would either replace the doctor’s office number with her cellular telephone number, so she could falsely verify that the prescription was legitimate; or she kept the doctor’s true number, but either had the prescriptions passed on nights or weekends (when the doctor’s office was closed). For one doctor, she recruited an individual who worked at the doctor’s office who would falsely verify prescriptions. By passing these forged prescriptions, this conspiracy obtained, or attempted to obtain, over 30,000 pills of oxycodone.
The sentences handed down by United States District Court Judge Julie E. Carnes are:
Kristen Noelle Goduto, 29, of Marietta, Georgia, was sentenced to 14 years in prison to be followed by 5 years of supervised release. Kristen Goduto was convicted of these charges on September 13, 2011, upon her plea of guilty.
Kory Joseph Goduto, 32, of Marietta, Georgia, was sentenced to 11 years, 8 months years in prison to be followed by 3 years of supervised release. Kory Goduto was convicted of these charges on December 6, 2011, upon his plea of guilty.
Pasquale Peter Goduto, 62, of Marietta, Georgia, was sentenced to 3 years of probation. Pasquale Goduto was convicted of these charges on February 29, 2012, upon his plea of guilty.
Mark James O’Brien, 36, of Marietta, Georgia, was sentenced to 5 years, 3 months in prison to be followed by 3 years of supervised release. O’Brien was convicted of these charges on December 6, 2011, upon his plea of guilty.
Lori Rene Anderson, 34, of Acworth, Georgia, was sentenced to 3 years of probation, including one year of home confinement. Anderson was convicted of these charges on June 27, 2012, upon her plea of guilty.
Georgia Ann Hulsey, 33, of Marietta, Georgia, was sentenced to time served in prison to be followed by 3 years of supervised release. Hulsey was convicted of these charges on October 3, 2011, upon her plea of guilty;
Phillip David Hobbs, 40, of Canton, Georgia, was sentenced to time served in prison to be followed by 3 years of supervised release. Hobbs was convicted of these charges on July 20, 2011, upon his plea of guilty.
David Lee Tanner, 34, of Acworth, Georgia, was sentenced to time served in prison to be followed by 3 years of supervised release. Tanner was convicted of these charges on October 3, 2011, upon his plea of guilty.
Ryan Patrick Trento, 27, of Marietta, Georgia, was sentenced to three years in prison to be followed by 3 years of supervised release. Trento was convicted of these charges on March 12, 2013, upon his plea of guilty.
Justin Howard, 30, of Braselton, Georgia, was sentenced to 3 years of probation. Howard was convicted of these charges on December 6, 2011, upon his plea of guilty.
Ajian Martine Greene, 29, of Sandy Springs, Georgia, was sentenced to 5 years in prison to be followed by 5 years of supervised release. Greene was convicted of these charges on January 3, 2013, upon his plea of guilty.
Terry Randy Wallace, 24, of Newnan, Georgia, was sentenced to 3 years of probation. Wallace was convicted of these charges on May 11, 2011, upon his plea of guilty.
Carl Clifton Lewis, 25, of Conyers, Georgia, was sentenced to time served in prison to be followed by 2 months in a halfway house and 3 years of supervised release. Greene was convicted of these charges on August 23, 2011, upon his plea of guilty.
This case was investigated by Special Agents of the Drug Enforcement Administration with assistance from the Cartersville Police Department, the Cherokee Muli-Agency Narcotics Squad, the Cobb County Sheriff’s Office, the Smyrna Police Department, the Fannin County Sheriff’s Office, the Rome Police Department, the Bartow County Sheriff’s Office, and the Douglasville Sheriff’s Office.
Assistant United States Attorney Elizabeth M. Hathaway and C. Brock Brockington prosecuted the case.
The U.S. Attorney's Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.com.
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.
Martin Man Sentenced for Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota man convicted of Distribution of a Controlled Substance was sentenced on May 29, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ashley Cottier, age 36, was sentenced to time served, 3 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
On June 6, 2012, Cottier distributed a prescription drug, Fentanyl, at Martin, South Dakota. Cottier pled guilty to the charge on January 28, 2013.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, the Martin Police Department, and the South Dakota Division of Criminal Investigation. Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.
Manderson Man Sentenced for Manufacturing of MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota man convicted of Manufacturing a Controlled Substance was sentenced on June 3, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Fred Dale West, Jr., age 42, was sentenced to 16 months’ imprisonment, 3 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
West had been manufacturing methamphetamine at a rural location in the Manderson area from approximately November 2011 until June 9, 2012, when his chemicals and equipment were seized by law enforcement. He pled guilty to the charge on February 4, 2013.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
West was immediately turned over to the custody of the U.S. Marshal.
Michigan Pedophile Sentenced to 12 Years in Prison for Traveling to W.va. to Engage in Illegal Sexual Conduct with a ChildRead the Press Release
U.S. Attorney’s initiative to fight child exploitation has surpassed 100 years of total prison time for convicted pedophiles since January 2012
HUNTINGTON, W.Va. – A 34-year-old Michigan pedophile was sentenced today to 12 years in prison followed by 20 years of supervised release for traveling in interstate commerce with intent to engage in illicit sexual conduct with a minor, announced U.S. Attorney Booth Goodwin. Ashlee C. Liebert, of Whitmore Lake, Mich., previously pleaded guilty in October 2012. Beginning in November 2011 through March 2012, Liebert established a relationship with a twelve-year-old minor residing in Putnam County, West Virginia. During that five-month period, Liebert communicated with the minor using e-mail and a cell phone. The defendant had numerous conversations with the minor that were sexual in nature and also exchanged sexually explicit photos with the child.
U.S. Attorney Goodwin said, “Pedophiles like Mr. Liebert who target kids and steal their innocence are downright sickening.”
Goodwin continued, “This kind of crime is infuriating. I will continue to spare no effort to make sure that criminals who exploit children are brought to justice.”
On March 10, 2012, Liebert traveled from Michigan to Putnam County, W.Va. to meet the minor. At the time Liebert traveled from Michigan to Putnam County, he communicated with the minor using his cell phone and told the child that he wanted to have sex. After arriving in Putnam County, Liebert picked the minor up and drove to a location near Cross Creek Road, in Buffalo, W.Va., and had illegal sexual contact with the minor. Law enforcement officers from the Putnam County Sheriff’s Department discovered Liebert and the minor inside his parked vehicle near Cross Creek Road, in Buffalo. Law enforcement officers obtained a search warrant for Liebert’s vehicle.
A Michigan state search warrant was executed on Liebert’s Whitmore Lake residence on March 10, 2012, the same day the defendant was arrested by police in West Virginia. During the execution of the search warrant, officers seized several computers from Liebert’s residence. A forensic review of Liebert’s computers revealed more than 600 images and videos of child pornography. Liebert previously downloaded the images and videos of child pornography using the Internet.
The Putnam County Sheriff’s Department, the FBI and the Northfield Michigan Township Police Department conducted the investigation. Assistant United States Attorney Lisa Johnston handled the prosecution. Today’s sentence was handed down by United States District Judge Robert C. Chambers.
This case was brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia. Since January 2012, twenty-two defendants have been sentenced to a total of more than 108 years (1297 months, to be exact) in federal prison.
Louisiana Man Guilty of Negligent Transportation of Wildlife in East TexasRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A 57-year-old Shreveport, LA, man has pleaded guilty to federal wildlife violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Stephen Anderson Sipes, Jr., pleaded guilty to an Information charging him with negligent transportation of wildlife today before U.S. Magistrate Judge John D. Love.
According to information presented in court, on Jan. 14, 2010, Sipes possessed and transported 14 illegally imported live whitetail deer valued at over $350.00 each. Sipes, who had an ownership interest in a high-fence ranch in Sanderson, Texas, transported the deer from Carthage, Missouri, against Texas law. The fair market value of the illegally imported whitetail deer was approximately $5,650.00.
Sipes faces up to one year in federal prison at sentencing. Sipes has agreed to pay restitution of $14,016.49 to the Texas Parks and Wildlife Foundation. A sentencing date has not been set.
This case was investigated by the Special Operations Unit of the Texas Parks and Wildlife and U.S. Fish and Wildlife Service and prosecuted by Assistant U.S. Attorney Jim Noble.
Lazaro Carbajal-aviles Pleads Guilty and Sentenced for Illegal ReentryRead the Press Release
LAZARO CARBAJAL-AVILES, age 41, a citizen of Mexico, pled guilty in federal court today before U.S. District Judge Helen G. Berrigan to a one-count indictment charging him with illegal re-entry by a removed alien, announced U.S. Attorney Dana J. Boente. Judge Berrigan then sentence CARBAJAL to time served, and ordered that he be placed on three years of supervised upon his release from custody, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release. CARBAJAL will be transferred to the custody of U.S. Immigration and Customs Enforcement.
According to court documents, CARBAJAL admitted that on or about February 27, 2013, he was an alien who had previously been removed from the United States, was found in the United States, within the Eastern District of Louisiana, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.
This case was investigated by United States Immigration and Customs Enforcement, Homeland Security Investigations with the assistance of the Louisiana State Police and the Louisiana Department of Wildlife and Fisheries. The case was prosecuted by Special Assistant United States Attorney Robert Weir.
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Lancaster County Man Gets 20 Years for Fourth Conviction Involving Child PornographyRead the Press Release
PHILADELPHIA - David Husmann, 53, of Elizabethtown, PA, was sentenced today to 20 years in prison for possessing and distributing child pornography while on supervised release for possession of child pornography. On March 13, 2013, a federal jury found Husmann guilty of the latest charges – his fourth conviction for charges involving crimes against children with a fifth, unrelated, conviction.
Husmann was on supervised release from a 2005 conviction when, on January 26, 2011, his probation officer made an unannounced visit to the home of Husmann’s mother, where he was living at the time. As part of the conditions of his release, after serving his sentence for the 2005 conviction, computer monitoring software was installed on the computer Husmann used. The probation officer had received an alert from the monitoring software that indicated that Husmann had accessed pornographic websites and images, and which also provided the probation officer with static screen shots of the images. Upon entering Husmann’s basement bedroom, the probation officer found Husmann in the act of viewing child erotica.Among the thousands of images in the defendant’s collection were those of children who were sexually abused and who had already been identified through the National Center for Missing and Exploited Children (NCMEC). Their images have been distributed around the world through the Internet.
Husmann’s record shows he was first convicted of three counts of cruelty to animals in 1995. During the same time period that he committed that crime, he was also engaging in a pattern of sexual exploitation and abuse of young girls who were under his care as a house parent at the Hershey School in Dauphin County. Between September 1995 and March 1996, the defendant downloaded pornography onto a school computer and showed it to eight young girls who resided at that school and were under his care. He was also convicted of indecent assault on two of the girls. Husmann was sentenced and moved to Florida to serve out his probationary term on his second conviction, which required him to register as a sex offender. However, once he moved back to Lancaster County into his mother’s home in 2002, he failed to register. That resulted in a conviction for failure to register as a sex offender. He had been living with his mother, unregistered, for more than two years, again, failing to register as a sex offender and becoming actively engaged in trading child pornography and purchasing memberships in child pornography websites. As a result, a search warrant was issued and the defendant was ultimately convicted in federal court of possession of child pornography. In August 2005 he was sentenced to 51 months incarceration, followed by three years supervised release. That was his fourth conviction. After his release from federal prison, and while still on supervised release, Husmann continued his crimes against children by trading and collecting the images and videos of children being sexually exploited that led to his conviction in this case.
In addition to the prison term, U.S. District Court Judge Lawrence F. Stengel ordered Husmann to pay a fine in the amount of $2,000 and a $400 special assessment. Upon completion of his prison term, Husmann will be supervised by the United States Probation Department for the rest of his life.The case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Michelle Rotella.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
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PATTY HARTMAN, Media Contact, 215-861-8525Jury Convicts CNMI Karaoke Bar Owner of Sex TraffickingRead the Press Release
Saipan, MP – U.S. Attorney Alicia A.G. Limtiaco announced that on Friday, June 7, 2013, a federal jury convicted CHANG RU MENG BACKMAN (age 40) of the People’s Republic of China, of one count of Sex Trafficking by Force, Fraud or Coercion in violation of 18 U.S.C. §1591, in the District of the Northern Mariana Islands between August 2008 and March 2009. BACKMAN faces a mandatory minimum sentence of fifteen (15) years and a maximum term of life in prison. Sentencing has been scheduled for September 13, 2013, before U.S. District Court Chief Judge Ramona V. Manglona.
This prosecution resulted from an investigation that began in the summer of 2009 by the Federal Bureau of Investigation (FBI). According to the evidence presented at court, BACKMAN, who was the “boss-lady” of the Holiday Karaoke Club, coerced vulnerable Chinese women into having sex with customers of the club, for her own financial benefit. BACKMAN preyed upon women who had been enticed to come to Saipan from China with promises of legitimate work on a farm, hotel or a restaurant. Once the women arrived, BACKMAN used their debt, lack of legal immigration status, and inability to speak English to compel them to engage in commercial sex acts at her business -- the Holiday Karaoke Club. BACKMAN also drove the women to and from the bar so that the women would have sex with men at her direction. Three victims testified at the trial and the jury found BACKMAN guilty of one of three counts of sex trafficking.
The case was investigated by FBI Special Agent Jaime Prida and the United States was represented at trial by Assistant U.S. Attorneys Rami S. Badawy and Ross K. Naughton, and U.S. Attorney Limtiaco. After the trial, U.S. Attorney Limtiaco, stated, “The sexual exploitation of vulnerable individuals is an affront to fundamental human rights, and it cannot be tolerated. Human traffickers trick, lie and coerce victims with promises of work in a legitimate job. In reality, these victims lose their freedom and are horribly demeaned by the sexual acts that they are forced to perform. The defendant preyed on the hopes and dreams of the victims, forcing them into a life of prostitution. The jury's verdict makes clear that sex trafficking schemes will not be tolerated. We will continue to find traffickers and hold them accountable for their crimes."
“This successful prosecution, was brought about through the hard work of the FBI in collaboration with local law enforcement and the CNMI Attorney General’s Office, to combat sex trafficking. This prosecution is the result of the tireless pursuit by law enforcement of those responsible for the sexual exploitation of women, and our joint commitment to attaining justice for the victims of these horrendous crimes.”
Jackson County Man Guilty of Making ‘Meth’Read the Press Release
On June 6, 2013, a Jackson County, Illinois, man pled guilty to conspiracy to manufacture methamphetamine, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Leslie Blaine Clover, 48, of Desoto, pled guilty in United States District Court in Benton to a one-count indictment charging conspiracy to manufacture methamphetamine. The offense occurred between June 2012 and January 28, 2013, in Jackson and Randolph Counties. Evidence at the plea hearing established that Clover provided pseudoephedrine pills for methamphetamine cooks and assisted in cleaning-up methamphetamine labs after cooks. Clover also acted as a look-out while co-conspirators stole materials needed to manufacture methamphetamine. Clover is currently being held without bond pending an October 3, 2013, sentencing hearing. At that time, Clover faces up to 20 years’ imprisonment, a $1,000,000 fine, and 3 years of supervised release. Co-defendant Crystal D. Kellems has previously pled guilty to her role in the methamphetamine offense.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office, Murphysboro Police Department, and Randolph County Sheriff’s Office.
The case is being prosecuted by Assistant United States Attorney Amanda A. Robertson.
Hampton Man Pleads Guilty to Defrauding the United StatesRead the Press Release
NEWPORT NEWS, Va. – James Allen Sutton, 32, of Hampton, Va. pled guilty today to a conspiracy to defraud the United States, a conspiracy to launder money, and being a felon in possession of a firearm.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, Thomas J. Kelly, Special Agent in Charge of the Internal Revenue Service Criminal Investigation’s Washington, D.C., Field Office, and Carl J. Vasilko, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATFmade the announcement after the plea was accepted by United States Magistrate Judge Doug Miller.
Sutton was indicted March 13, 2013, in a conspiracy to impede and impair the IRS, false tax and loan statements, money laundering conspiracy, money laundering, drug conspiracy, drug distribution and possession with intent to distribute marijuana, and felon in possession of a firearm. Based on his guilty pleas he faces a maximum penalty of five years on the conspiracy to defraud the United States, twenty years on the money laundering conspiracy and ten years on the firearm conviction when he is sentenced on September 24, 2013.
According to a statement of facts filed with his plea, in 2009, following an auto accident, police seized $18,000 in currency from Sutton. He contested the forfeiture of the money into May, 2011, when he was arrested with approximately $13,000 in currency, jewelry, a firearm and a quantity of marijuana. Sutton has a prior felony conviction and was therefore a prohibited person not allowed to possess firearms. Police also recovered false 1099 forms written by his co-conspirator which Sutton used to show a legitimate source of income and obtain loans including a re-financing of his home. Sutton used these amounts on his tax returns in 2007-2009. The co-conspirator was also prosecuted and admitted to falsifying the 1099 forms for Sutton to disguise his drug income. Following his arrest, in 2011, Sutton caused the co-conspirator to file a false affidavit with the Newport News Circuit Court where she falsely claimed the money seized belonged to her and was a loan to Sutton. As a result, the money was released to the co-conspirator for Sutton.
This case was investigated by the Internal Revenue Service Criminal Investigations, Newport News Police Department and ATF. Assistant United States Attorney Howard J. Zlotnick is prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Four Individuals Enter Pleas in Federal CourtRead the Press Release
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ELKINS, WEST VIRGINIA - Three individuals recently entered pleas of guilty to methamphetamine charges and one individual entered a plea of guilty to failure to update sex offender registration in United States District Court in Elkins.
According to United States Attorney William J. Ihlenfeld, II, the following individuals appeared before Magistrate Judge John S. Kaull.
SCOTT ALLEN GREENWALT, age 40, of Moorefield, West Virginia, entered a plea of guilty to “Attempting to Manufacture Methamphetamine” and his co-defendant, MICHELLE LEE STOCKING, age 23, of Moorefield, entered a plea of guilty to“Possession of Materials Used in the Manufacture of Methamphetamine” on September 4, 2012, in Hardy County. GREENWALT, who is free on bond pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine. STOCKING, who is free on bond pending sentencing, faces up 10 years imprisonment and a $250,000 fine. This case was investigated by the Potomac Highlands Drug and Violent Crimes Task Force and the Moorefield Police Department. The task force consists of officers from the Federal Bureau of Investigation and the West Virginia State Police - Bureau of Criminal Investigations.
ALAN LEE STANLEY, age 33, of Buckhannon, West Virginia, entered a plea of guilty to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on October 25, 2012. STANLEY, who is in custody pending sentencing, faces up to 20 years imprisonment and a $250,000 fine. This case was investigated by the Buckhannon Police Department.
These cases were prosecuted by Assistant United States Attorney Stephen D. Warner.
KYLE HEFT, age 35, of Mahanoy City, Pennsylvania, entered a plea of guilty to “Failure to Update Sex Offender Registration.” HEFT knowingly failed to update a registration pursuant to the Sex Offender Notification Act. HEFT, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by the United States Marshals Service.Four Former Wellcare Executives Found Guilty in FloridaRead the Press Release
A federal jury in Tampa found four former executives of WellCare Health Plans Inc., a health maintenance organization (HMO) operator, guilty of various charges, including health care fraud, making false statements relating to health care matters and making false statements to a law enforcement officer, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Robert E. O’Neill of the Middle District of Florida and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office
Today, former WellCare Chief Executive Officer Todd S. Farha, 45, of Tampa, was convicted of two counts of health care fraud; former WellCare Chief Financial Officer Paul L. Behrens, 51, Odessa, Fla., was convicted of two counts of making false statements relating to health care matters and two counts of health care fraud; William L. Kale, 63, of Oldsmar, Fla., former vice president of Harmony Behavioral Health Inc. (a wholly-owned subsidiary of WellCare), was found guilty of two counts of health care fraud; and Peter E. Clay, 56, of Wellesley, Mass., former WellCare vice president of medical economics, was found guilty of making false statements to a law enforcement officer.
On March 2, 2011, a federal grand jury sitting in Tampa returned an indictment charging Farha, Behrens, Kale and Clay with various federal criminal violations related to a scheme to defraud the Florida Medicaid program, from the summer of 2003 through the fall of 2007, by making false and fraudulent statements relating to expenditure information for behavioral health care services.
WellCare operates HMOs in several states targeted for government-sponsored health care benefit programs like Medicaid. Two WellCare HMOs operating in Florida, StayWell and Healthease, contracted with the Agency for Health Care Administration (AHCA), the Florida agency which administers the Medicaid program, to provide Florida Medicaid program recipients with an array of services, including behavioral health services.
In 2002, Florida enacted a statute that required Florida Medicaid HMOs to expend 80 percent of the Medicaid premium paid for certain behavioral health services upon the provision of those services. In the event that the HMO expended less than 80 percent of the premium, the difference was required to be returned to AHCA. As part of the scheme, the defendants falsely and fraudulently submitted inflated expenditure information in the company’s annual reports to AHCA, in order to reduce the WellCare HMOs’ contractual payback obligations for behavioral health care services.
On May 5, 2009, the government filed related charges in an information and deferred prosecution agreement (DPA) against WellCare. Under that DPA, WellCare was required to pay $40 million in restitution, forfeit another $40 million to the United States and cooperate with the government’s criminal investigation. The company complied with all of the requirements of the DPA. As a result, the information was later dismissed by the court following a government motion.
In May 2009, an information and plea agreement for Gregory West, 55, of Tampa, a former WellCare analyst, was unsealed. In his plea agreement, West admitted to participating in the scheme to defraud the Medicaid program and agreed to cooperate in the government’s investigation. At trial, West provided extensive and detailed testimony explaining the complex scheme. Other former WellCare executives provided additional testimony about the four individuals' roles in the scheme.
The maximum penalty for each of the health care fraud counts is 10 years in prison. The maximum penalty for all other counts is five years in prison. A sentencing date has not yet been set.
Thaddeus M.S. Bereday, of Tampa, WellCare’s former general counsel, was severed from the trial in February of this year. He will be tried separately, at a later date. Defendants are presumed innocent until proven guilty in a court of law.
The jury returned not guilty verdicts with respect to several counts and was unable to reach a verdict on others. The judge declared a mistrial as to those counts on which the jury was deadlocked. The Justice Department will decide, at a later date, whether to retry the individuals on those charges.
This case was investigated by HHS-OIG, the FBI and the Florida Attorney General's Medicaid Fraud Control Unit. It was prosecuted by Senior Litigation Counsel John Michelich of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Jay Trezevant and Cherie Krigsman of the Middle District of Florida and Special Assistant U.S. Attorney John Bowers.
Four Former WellCare Executives Found GuiltyRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill and Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division announce that a federal jury today found four former executives of WellCare Health Plans, Inc. (“WellCare”) guilty of various charges, including health care fraud, making false statements relating to health care matters, and making false statements to a law enforcement officer. Specifically, former WellCare Chief Executive Officer Todd S. Farha (45, Tampa) was convicted of two counts of health care fraud; former WellCare Chief Financial Officer Paul L. Behrens (51, Odessa) was convicted of two counts of making false statements relating to health care matters and two counts of health care fraud; William L. Kale (63, Oldsmar), former Vice President of Harmony Behavioral Health, Inc. (a wholly-owned subsidiary of WellCare), was found guilty of two counts of health care fraud; and Peter E. Clay (56, Wellesley, Massachusetts), former WellCare Vice President of Medical Economics, was found guilty of making false statements to a law enforcement officer. The maximum penalty for each of the health care fraud counts is ten years’ imprisonment. The maximum penalty for all other counts is five years’ imprisonment. A sentencing date has not yet been set.
The jury returned not guilty verdicts with respect to several counts and was unable to reach a verdict on others. The judge declared a mistrial as to those counts on which the jury was deadlocked. The U.S. Attorney’s Office will decide, at a later date, whether to retry the individuals on those charges.
Thaddeus M.S. Bereday (Tampa), WellCare's former General Counsel, was severed from the trial in February of this year. He will be tried separately, at a later date.
On March 2, 2011, a federal grand jury sitting in Tampa, Florida returned an indictment charging Farha, Behrens, Kale, and Clay with various federal criminal violations related to a scheme to defraud the Florida Medicaid program, from the summer of 2003 through the fall of 2007, by making false and fraudulent statements relating to expenditure information for behavioral health care services. WellCare operates health maintenance organizations (“HMOs”) in several states targeted for government-sponsored health care benefit programs like Medicaid. Two WellCare HMOs operating in Florida, StayWell and Healthease, contracted with the Agency for Health Care Administration (“AHCA”), the Florida agency which administers the Medicaid program, to provide Florida Medicaid program recipients with an array of services, including behavioral health services.
In 2002, Florida enacted a statute that required Florida Medicaid HMOs to expend 80% of the Medicaid premium paid for certain behavioral health services upon the provision of those services. In the event that the HMO expended less than 80% of the premium, the difference was required to be returned to AHCA. As part of the scheme, the individuals falsely and fraudulently submitted inflated expenditure information in the company’s annual reports to AHCA, in order to reduce the WellCare HMOs’ contractual payback obligations for behavioral health care services.
On May 5, 2009 the government filed related charges in an information and Deferred Prosecution Agreement ("DPA") against WellCare. Pursuant to that DPA, WellCare was required to pay $40 million in restitution, forfeit another $40 million to the United States, and cooperate with the government’s criminal investigation. The company complied with all of the requirements of the DPA. As a result, the information was later dismissed by the court following a government motion.
Also, in May 2009, an information and plea agreement for Gregory West (55, Tampa) a former WellCare analyst, was unsealed. In his plea agreement, West admitted to participating in the scheme to defraud the Medicaid program and agreed to cooperate in the government's investigation. At trial, West provided extensive and detailed testimony explaining the complex scheme. Other former WellCare executives provided additional testimony about the four individuals' roles in the scheme.
“Today’s guilty verdicts send a clear message that health care fraud will not be tolerated in the Middle District of Florida,” said U.S. Attorney Robert O’Neill. “The greed of those who siphon funds from individuals dependent upon federal healthcare programs must be investigated and prosecuted to the full extent of the law.”
“Medicaid recipients deserve quality, honest healthcare,” said Christopher B. Dennis, Special Agent in Charge, Health and Human Services, Office of Inspector General, Office of Investigations. “Today’s guilty verdicts should serve as a clear warning that anyone – no matter what their status - who defrauds the American people and abuses their trust will be brought to justice.”
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, the Federal Bureau of Investigation, and the Florida Attorney General's Medicaid Fraud Control Unit. It was prosecuted by Assistant United States Attorneys Jay Trezevant and Cherie Krigsman, along with Department of Justice Senior Trial Attorney John Michelich and Special Assistant United States Attorney John Bowers.
Former New Mexico State Contractor Sentenced for Evading Federal TaxesRead the Press Release
ALBUQUERQUE – Shelda Sutton-Mendoza, 60, of Albuquerque, N.M., was sentenced this morning to ten months of home confinement with electronic monitoring followed by three years of supervised release for her federal tax evasion conviction. Sutton-Mendoza also was ordered to pay $167,362.00 in restitution to the IRS.
Sutton-Mendoza was indicted in Dec. 2011, and charged with five counts of tax evasion. At the time of the crimes charged in the indictment, Sutton-Mendoza was owner and sole shareholder of NYSNC Environmental, Inc. (NYSNC), an environmental clean-up and testing service established in 2000 and incorporated in Oct. 2003. NYSNC contracted primarily with the New Mexico Environmental Department, where Sutton-Mendoza was employed in the Petroleum Storage Bureau for more than six years before leaving to establish NYSNC. The indictment charged Sutton-Mendoza with evading federal personal and corporate taxes during tax years 2003, 2004 and 2005 by intentionally filing false tax returns that misrepresented her personal and corporate taxable income.
In March 2013, Sutton-Mendoza pled guilty to Count 1 of the indictment and admitted evading federal taxes. In her plea agreement, Sutton-Mendoza admitted that she routinely used NYSYNC funds to pay for personal expenses. In 2003 and 2004, she used more than $70,000.00 in company funds to pay for a custom designed in-ground swimming pool with custom mosaic murals and more than $200,000.00 in company funds to pay for personal clothing, handbags and cosmetics. Sutton-Mendoza also admitted that paying for personal expenses with company funds rendered the money taxable as personal income to her, and that she knowingly concealed from the IRS the extent of both NYCYNC’s and her taxable income.
Sutton-Mendoza admitted that for tax years 2003 and 2004, she signed and filed false personal and corporate federal tax returns which omitted significant personal and corporate income. She acknowledged intentionally filing a false tax return for NYSYNC for calendar year 2003 in which she reported only $1,447,855.00 of the company’s gross income of $1,803,844.52, and thus evaded $17,021.00 in federal taxes. Sutton-Mendoza also intentionally evaded $76,660.00 in personal income taxes for calendar year 2003 by underreporting her gross income of $261,152.00. For calendar year 2004, Sutton-Mendoza reported only $851,998.00 of NYSYNC’s gross income of $1,138,090.02, and thus evaded $2,121.00 in federal taxes. She also intentionally evaded $71,560.00 in personal income taxes in calendar year 2004 by underreporting her gross income of $250,580.00.
The case was investigated by IRS Criminal Investigation and was prosecuted by Assistant U.S. Attorney Mary L. Higgins.
Former Garden City Employee Sentenced for TheftRead the Press Release
KANSAS CITY, KAN. – A former Garden City employee has been sentenced to 16 months in federal prison for theft of public funds, U.S. Attorney Barry Grissom said today. He also was ordered to pay $51,680 in restitution.
Pedro A. Castro, 35, Garden City, Kan., pleaded guilty to one count of theft from a program receiving federal funds. In his plea, he admitted the crime occurred in 2010 and 2011 while he was working as diversion coordinator for the Garden City prosecutor’s office. The city was a local government that received federal benefits totaling more than $10,000 in 2010 and 2011. During this time, Castro stole more than $5,000 of the money, which was paid to the Garden City prosecutor’s office as diversion funds.
Grissom commended the Garden City Police Department, the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.
Former Council Member Michael A. Brown Pleads Guilty to Accepting $55,000 in Bribes-Also Admits Taking Part in Separate Scheme Involving Campaign Contributions-Read the Press Release
WASHINGTON – Michael A. Brown, a former member of the Council of the District of Columbia, pled guilty today to a charge of bribery for a scheme in which he accepted a total of $55,000 in a series of meetings, spanning eight months, with undercover FBI agents posing as officials of a company that purportedly wanted to win government contracting opportunities.
The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr.; Timothy Gallagher, Special Agent in Charge of the Criminal Division of the FBI’s Washington Field Office, and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI).
Brown, 48, pled guilty in the U.S. District Court for the District of Columbia. The Honorable Robert L. Wilkins scheduled sentencing for Oct. 3, 2012. The charge carries a statutory maximum of 15 years in prison and financial penalties. Under federal sentencing guidelines, the parties have agreed that the applicable range would be 37 to 46 months in prison and a possible fine of $7,500 to $75,000. The plea agreement, which is contingent upon the Court’s approval, calls for a sentence of up to 37 months, to be followed by up to three years of supervised release.
The plea agreement also calls for Brown to pay a money judgment of $35,000 in forfeiture, covering the amount of money he collected before confronted by law enforcement.
Brown is the third member of the Council of the District of Columbia to plead guilty within the past two years to federal charges involving crimes committed while they were in office. Harry L. Thomas Jr., who represented Ward 5, pled guilty in January 2012 to federal theft and tax charges in a scheme in which he used more than $350,000 in taxpayer money for his own personal benefit. Kwame R. Brown, the Council’s former Chairman, pled guilty in June 2012 to a federal charge of bank fraud, involving two personal loans, and a second criminal charge involving a violation of the District of Columbia’s campaign finance laws.
The charge against Michael A. Brown involves a scheme in which he admitted taking the cash payments in return for his assistance in winning the District of Columbia government’s approval for a company that was seeking to be classified as a Certified Business Enterprise, a designation that would create potentially lucrative business opportunities; Brown also agreed to help the company with government contracting opportunities.
In a second scheme, Brown admitted concealing the true source of $20,000 that was secretly contributed to his failed bid in 2007 for a seat on the District of Columbia Council. Under the plea agreement, Brown will not be criminally prosecuted for this conduct.
“Today Michael Brown became the third member of the D.C. Council to plead guilty to a felony in the last 18 months,” said U.S. Attorney Machen. “This prosecution should make clear that we will not allow the politics of pay to play to flourish in the District of Columbia. We will not tolerate the backroom deals, the secret payments, and the unreported cash that corrupt not only our elections and public officials but our entire system of government. Our work will not stop until we stamp out the show-me-the-money culture that has deprived the great citizens of the District of Columbia of the honest government that they so desperately want and deserve.”
“Today, Mr. Brown took responsibility for his actions and admitted to accepting bribes and knowingly circumventing campaign finance laws,” said Special Agent in Charge Gallagher. “This case is not only one more example of an elected official violating the public trust for their own benefit, but it is also another example of the determination and resolve of law enforcement in putting an end to such activity. We will not stop our pursuit until public corruption is a thing of the past within the District of Columbia.”
“IRS Criminal Investigation is committed to providing its financial investigative expertise to work with our law enforcement partners in order to combat public corruption, such as Mr. Brown’s," said Special Agent in Charge Kelly. “Today's plea is a reminder that one’s status as a public official will not protect you from federal prosecution.”
Brown was elected as an at-large member of the District of Columbia Council in 2008 and took office in January 2009. He left office on Jan. 2, 2013, following his defeat last November for re-election. Brown then launched a bid to win another at-large Council seat in a special election scheduled for April 23, 2013. However, he withdrew his candidacy on April 2, 2013, less than three weeks after he was confronted by law enforcement in the bribery scheme.
Bribery Scheme:
According to a statement of offense signed by the government as well as the defendant, Brown’s at-large Council duties included acting as Chair of the Committee on Economic Development and Housing. The committee is responsible for matters related to economic, industrial and commercial development. The bribery scheme focused largely on a special program run by the District of Columbia government to help its small local businesses become economically viable: the Certified Business Enterprise (CBE) program.
Status as a CBE carries preferential procurement and contracting opportunities. To be eligible for this designation, businesses must meet certain requirements and be certified by the District of Columbia’s Department of Small and Local Business Development (DSLBD).
Prior to July 11, 2012, Brown had discussions about obtaining assistance of $50,000 to $75,000 for Brown from a government contractor. Brown expected to assist the government contractor with its business if the contractor provided such financial assistance to Brown.
These discussions led to a series of meetings with two undercover FBI agents, posing as employees of a Maryland company that wanted CBE approval and contracting opportunities. Between July 2012 and March 2013, Brown met in person with one or both of the undercover agents a total of eight times. He communicated primarily with an agent described in the court documents as “Undercover Employee 1” or “UCE-1.” He was in contact with this undercover agent on more than 30 separate days, in person, by phone, or by text, frequently seeking payment, in whole or in part, for the efforts he was making on the company’s behalf.
Indeed, over the months, Brown made calls on the company’s behalf to the director of the Department of Small and Local Business Development, introduced the undercover agents to a contractor at a symposium he sponsored, and took other actions meant to speed through the company’s attempts to win approval as a CBE. He continued these efforts even after his defeat in the November 2012 election. In January 2013, the Department of Small and Local Business Development did a site visit for the company’s application.
According to the statement of offense, the payments were made during these meetings:
July 11, 2012: Brown met “UCE-1” at a Washington, D.C. restaurant. Brown accepted $15,000 in cash as part of a promised amount of $50,000 for Brown’s efforts to use his official position to assist the company in becoming a CBE and obtaining contracting opportunities. The cash was in denominations of $100 bills and in a duffel bag with a Washington Nationals baseball hat and two Nationals T-shirts. Brown referred to the cash payment as a loan, but “UCE-1” said that he could keep the money.
During subsequent discussions with the undercover agents, Brown occasionally referred to the payments as a “loan.” However, Brown understood that he was not expected to repay the money. No loan documents were ever drafted – and no loan terms were ever discussed – between Brown and the undercover agents.
Aug. 7, 2012: Brown met with “UCE-1” at the Washington, D.C. restaurant and accepted an additional $10,000 in cash in exchange for continuing to assist the company in obtaining approval of its CBE application and contracting opportunities. The cash was in denominations of $100 bills and placed inside a Washington Redskins coffee mug. “UCE-1” stated that Brown would get “the other 25” upon approval, and Brown said, “or north.” Brown said he would call the Department of Small and Local Business Development after the company submitted the necessary paperwork for the CBE application and aim to have the application moved “to the top of the pile.”
Aug. 28, 2012: Brown again met with “UCE-1” at the Washington, D.C. restaurant and accepted $5,000 in cash in exchange for Brown’s assistance with the CBE application and contracting opportunities. The cash was in denominations of $100 bills and in a silver coffee mug. Brown said he would continue efforts to move the company’s application as quickly as possible.
Nov. 29, 2012: Brown hosted his economic development symposium and introduced the two undercover agents to the director of the Department of Small and Local Business Development concerning the company’s CBE application. Brown also introduced the undercover agents to a local businessman, who, according to Brown, facilitated financing for contractors. That night, Brown met “UCE-1” at the Washington, D.C. restaurant andaccepted another $5,000 in cash as payment for his assistance with the CBE application and contracting opportunities. The cash was in denominations of $100 bills and in an envelope.
March 14, 2013: Brown met the two undercover agents at a conference room at a Washington, D.C. hotel, after being told that the company was pleased with how quickly its application was moving along and ready to make its final payment. During the meeting, Brown accepted $15,000 in cash as fulfillment of the company’s promise to pay $50,000 to Brown for assistance in obtaining CBE approval and government contracting opportunities. Brown also accepted a “bonus” of $5,000 cash for Brown’s past official acts on behalf of the company and future influence if Brown were re-elected to public office. The cash was in denominations of $100 bills and wrapped with a rubber band.
At the end of the meeting, law enforcement agents entered the room to announce their presence and seized the $20,000 in cash from Brown. The company subsequently withdrew its CBE application.
Campaign Finance Scheme:In the spring of 2007, Brown was a candidate in a special election for the Ward 4 seat on the D.C. Council. Around that time, he met with a business owner, who is identified as “Co-Conspirator 1” in the statement of offense. Brown sought a campaign contribution but understood that “Co-Conspirator 1” would not contribute in a public manner because certain business activities required support for other candidates, based on various political dynamics.
Brown understood that the contribution from “Co-Conspirator 1” would be publicly disclosed as having been contributed in the name of another person. He also understood from his discussion that it would exceed the limits on the amount that an individual could contribute to a political campaign committee. At the end of the meeting, “Co-Conspirator 1” told Brown that Brown would hear from somebody to arrange the contribution.
Following this meeting, Brown was contacted by Eugenia C. Harris, another business owner, in the District of Columbia. Then, as agreed upon by Brown, Harris and “Co-Conspirator 1,” a series of bank transfers began taking place. Brown understood that a total of $20,000 originated from “Co-Conspirator 1.” Harris sent two wire transfers, of $10,000 each, to Brown’s personal bank account. Brown, in turn, contributed the funds to his campaign.
Brown subsequently caused the campaign committee to file a form with the D.C. Office of Campaign Finance that publicly disclosed that Brown made an individual contribution of $25,000 to his political campaign committee, which Brown knew disguised the fact that “Co-Conspirator 1” was the source of most of this money.
Harris pled guilty on July 10, 2012 to conspiring to disguise the source of campaign contributions in federal and local elections, including the 2010 District of Columbia mayoral campaign. She pled guilty to one count of conspiring to violate federal campaign finance law and to obstruct justice; one count of engaging in fraud and making false statements, and one count of conspiring to violate District of Columbia campaign finance law.
In announcing today’s guilty plea, U.S. Attorney Machen, Special Agent in Charge Gallagher, and Special Agent in Charge Kelly commended those who investigated the case for the FBI and IRS-CI.
They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michael K. Atkinson, David A. Last, and Bryan Seeley of the Fraud and Public Corruption Section, and Assistant U.S. Attorney Anthony D. Saler, of the Asset Forfeiture and Money Laundering Section. Finally, they expressed thanks for assistance provided by Forensic Accountant Maria Boodoo; Paralegal Specialists Tasha Harris, Lenisse Edloe, and Nicole Wattelet, and Legal Assistant Angela Lawrence.
13-200Former Accounting Employee Pleads Guilty to Stealing More Than $75,000 from Charter School-Temporary Worker Issued and Cashed Checks to Fictitious Vendors-Read the Press Release
WASHINGTON - Darlene Ford, 46, of Temple Hills, Md., pled guilty today to a federal charge stemming from the theft of more than $75,000 from a charter school where she worked as a temporary accounting employee.
The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, Cathy L. Lanier, Chief of the Metropolitan Police Department, and Steven Anderson, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Mid-Atlantic Region.
Ford pled guilty in the U.S. District Court for the District of Columbia to a charge of theft from a program receiving federal funds. The Honorable Robert L. Wilkins scheduled sentencing for Sept. 16, 2013. The charge carries a statutory maximum of 10 years in prison and financial penalties. Under federal sentencing guidelines, the parties have agreed that the applicable range is 12 to 18 months in prison and a fine of $3,000 to $30,000.
Under the plea agreement, Ford must pay $75,350 in restitution to the César Chàvez Public Charter Schools for Public Policy. She also is subject to the forfeiture of a money judgment of the same amount.
According to the government’s evidence, Ford was a temporary employee at the César Chàvez Public Charter Schools for Public Policy. She was placed at the school’s finance department by a temporary accounting staffing firm from January 2010 until March 2010. Her responsibilities included the processing of invoices from vendors, including presenting documents to the Director of Finance for signature on payments.
Public charter schools are independently-operated public schools that are open to all District of Columbia residents. César Chàvez Public Charter Schools for Public Policy received various government funds, including funding from the U.S. Department of Education.
While in the finance department, Ford carried out her scheme by accessing the school’s accounting system and changing names listed on pending checks. She replaced the names of legitimate vendors with those of fictitious vendors and then forged the signature of the Director of Finance on the checks. Ten such checks were made out to fictitious vendors, totaling $75,350. These checks were then cashed and used for the benefit of Ford and/or her friends and associates.
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge Parlave, Chief Lanier, and Special Agent in Charge Anderson commended the work of those who investigated the case. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Diane Hayes and Krishawn Graham, and Assistant U.S. Attorney Lionel André, who is prosecuting the matter.
13-198Federal Fugitive Arrested in Bangkok, ThailandRead the Press Release
On June 5, 2013, Royal Thai Tourist Police, with the assistance of Homeland Security Investigations (HIS) in Bangkok, arrested federal fugitive Paul David Cardwell. Cardwell was arrested following a tip provided to HSI Bangkok that Cardwell was residing in Hua Hin, Thailand. HSI Bangkok personnel traveled to Hua Hin and verified that the individual was Cardwell. Royal Thai Tourist Police were contacted and Cardwell was arrested.
It is alleged that Cardwell, with other co-conspirators, defrauded a Wyoming hospital of approximately $850,000 and traveled to Thailand to purchase real estate with the proceeds. HSI Bangkok began an investigation into Cardwell’s activities in Thailand.
On March 27, 2012, Cardwell surrendered to federal authorities and was charged with violation of numerous federal fraud statutes in U.S. District Court in Cheyenne, WY. He was released on bond following arraignment. As part of the condition of his release he surrendered his U.S. passport. Cardwell left the United States after attempting to procure another passport under a different identity.
U.S. Embassy Bangkok, American Citizen Services will be coordinating Cardwell's return to the U.S. Cardwell will be held in Thai custody until such time as he is transported back to the U.S.
The case was investigated by the DHS - Homeland Security Investigation, the FBI, and the US Postal Inspection Service.
An indictment is only an accusation. In every criminal case, the accused is presumed to be innocent until proven guilty, and the government always has the burden of proving guilt beyond a reasonable doubt.Farmington Man Sentenced to Seventeen Years for Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Lindsey Joe Brown, II, 40, of Farmington, N.M., was sentenced this morning to 17 years in federal prison followed by five years of supervised release for his methamphetamine trafficking and firearms conviction. Brown’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, District Attorney Rick P. Tedrow for the 11th Judicial District of the State of New Mexico in San Juan County, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Director of the Region II Narcotics Task Force.
Brown was indicted in March 2012 and charged with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and using a firearm in relation to a drug trafficking crime. According to the indictment, Brown committed these crimes in San Juan County, N.M., in Oct. 2011. Brown was arrested on April 5, 2012, and has been in federal custody since that time.
On March 14, 2013, Brown pleaded guilty to possession of methamphetamine with intent to distribute and the firearms offense and admitted that, on Oct. 26, 2011, he agreed to sell methamphetamine to a person who unbeknownst to him was working as an informant. Law enforcement officers conducted surveillance as Brown drove from Farmington to Cuba, N.M., where he purchased methamphetamine from his supplier. While Brown was traveling back to Farmington, the officers obtained a search warrant for Brown’s 2009 Ford Mustang. When the officers executed the search warrant, they found a box in the Mustang’s trunk that contained more than 200 grams of methamphetamine. In the center console of the Mustang, the officers found a fully loaded .9 mm semi-automatic pistol and other .9 mm ammunition. Brown was arrested on state charges, which were later dismissed after Brown was arrested on federal charges.
As required by the terms of his plea agreement, Brown forfeited the Mustang used to transport the methamphetamine and the firearm and ammunition found in the vehicle.
This case was investigated by HSI’s Albuquerque office and the Region II Narcotics Task Force, with assistance from the 11th Judicial District Attorney’s Office. Assistant U.S. Attorney Lynn W.Y. Wang prosecuted the case and Assistant U.S. Attorney Cynthia L. Weisman handled the forfeiture proceedings.
Falls City Corporation Sentenced for Asbestos OffenseRead the Press Release
United States Attorney Deborah R. Gilg announced that Vision 20-20 Inc., a Nebraska Corporation located in Falls City, Nebraska was sentenced in federal court in Omaha. Vision 20-20 entered a plea of guilty to an offense involving the illegal abatement and disposal of asbestos. The Honorable F.A. Gossett, United States Magistrate Judge, sentenced Vision 20-20 to a fine of $25,000. The Court further ordered restitution to the Nebraska Department of Health and Human Services in the sum of $6,855 for monitoring the asbestos clean-up from unauthorized disposal sites.
Vision 20-20 is a Nebraska corporation established to build a new motel in Falls City. The motel was built on the site of the Stephenson Motel. The existing structure had to be demolished in order to put up the new motel. Prior to its destruction, it was necessary that asbestos be abated from the roof and floors of the existing structure. An asbestos removal firm was hired and abated the roof of the building in October of 2010. This was done at an expense of approximately $24,000. That left the tile on the floors and the flooring underneath the tile to be abated. When the company returned a few months later to begin the asbestos abatement from the flooring, they found that the motel had been demolished. When demolished, the motel still had 4,814 square feet of asbestos tile and 336 square feet of flooring.
Investigation by the Nebraska State Patrol, and the Nebraska Department of Environmental Quality determined that Vision 20-20 decided to remove the asbestos and demolish the building without the asbestos contractor to save the $14,000 in fees bid for the remainder of the job. The rubble, including the asbestos laden tile, was discovered in two places. Part of it was dumped in large piles at the Richardson County Department of Roads. The other was brought to a farm where it was dumped in a ditch. This particular ditch, although dry, leads to a tributary and was a violation of the Clean Water Act. The improper removal and disposal of asbestos was a violation of the Clean Air Act. Testing from both sites confirmed that the debris, mostly concrete and building materials, did contain asbestos from the tiles and flooring. Vision 20-20 hired a contractor to properly dispose of the piles of rubble left at both sites. The clean-up exceeded $50,000. The clean-up was monitored and confirmed by the Nebraska Department of Health and Human Services.District Man Sentenced to 36 Years in Prison for Charges in 2010 Shooting-Defendant Opened Fire on Victims During Robbery of Marijuana-Read the Press Release
WASHINGTON – Herbert Arrington, 27, of Washington, D.C., has been sentenced to a 36-year prison term on charges stemming from his attempted execution of three men in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced today.
Arrington was found guilty by a jury in March 2013 of assault with intent to kill while armed, aggravated assault while armed, assault with a dangerous weapon, and possession of a firearm during a crime of violence. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced June 7, 2013 by the Honorable Ronna L. Beck.
According the government’s evidence, in the days before the shooting, Arrington had inquired about purchasing a large quantity of marijuana from one of the victims. On the evening of June 9, 2010, he met the three men inside a parked GMC Yukon in the 2100 block of 8th Street NW. After one of the victims provided the marijuana to Arrington, he pulled out a firearm and shot all three men at point-blank range. All of the victims suffered gunshot wounds, and two were seriously injured. Officers from the Metropolitan Police Department (MPD), who were working off duty at a nearby club, heard the shots and quickly rushed to the aid of the victims.
The victims, rushed to various hospitals, survived the attack. Arrington, who escaped with the marijuana, was arrested six days after the shootings.
In announcing the sentence, U.S. Attorney Machen commended the efforts of the detectives, officers, and crime scene technicians who investigated the case for the Metropolitan Police Department. He also acknowledged those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kalisha Johnson-Clark and Information Technology Specialists Kimberly Smith and Thomas Royal. Finally, he commended the work of Assistant U.S. Attorney Christopher Kavanaugh, who led the investigation and obtained the indictment in the case, and Assistant U.S. Attorneys Nicholas W. Cannon and Jonathan I. Kravis who prosecuted the case at trial.
13-197District Man Pleads Guilty to Sexually Assaulting Two Women-Separate Incidents Took Place Within A Three-Week Period This Year-Read the Press Release
WASHINGTON - James Parks, also known as Antonio Parks, 22, of Washington, D.C., pled guilty today to charges stemming from two sexual assaults that he committed earlier this year, U.S. Attorney Ronald C. Machen Jr. announced.
Parks pled guilty in the Superior Court of the District of Columbia to one count of attempted first-degree sexual abuse and one count of misdemeanor sexual abuse. He is scheduled to be sentenced by the Honorable Robert E. Morin on Aug. 16, 2013. He faces up to 15 years in prison on the attempted first-degree sexual abuse charge and 180 days on the misdemeanor charge. He also will be required to register as a sex offender for 10 years.
According to the government’s factual proffer at today’s plea hearing, on Jan. 25, 2013, Parks was at the home of one of the victims, on 23rd Street SE. That night, Parks sexually assaulted another woman while she was unconscious in an upstairs bedroom of the home.
On the night of Feb. 14, 2013, Parks was back at the same home. That night, he and another man forced the resident into the basement, where Parks sexually assaulted her.
In announcing today’s plea, U.S. Attorney Machen praised the work of Paralegal Specialist Jason Manuel, Victim/Witness Advocate Lezlie Richardson and members of the Metropolitan Police Department’s (MPD) Sexual Assault Unit. He also commended the work of Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
13-199Deported Alien Sentenced to Time Served for Re-entering U.S. Without PermissionRead the Press Release
PITTSBURGH, Pa. - A citizen of Mexico has been sentenced in federal court to two months including time served on his conviction of re-entry into the United States after deportation, United States Attorney David J. Hickton announced today.
United States District Judge Cathy Bissoon imposed the sentence on Sotero Gomez Alvarado, 35, formerly from Mexico.
According to information presented to the court, Sotero Gomez Alvarado, an alien, who had been removed from the United States on Aug. 18, 2006, was found in Pittsburgh without having been given permission to re-enter the United States.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Immigration and Customs Enforcement for the investigation leading to the successful prosecution of Sotero Gomez Alvarado.
Defendant Sentenced to Federal Prison After Arrest by Saint Regis Mohawk Tribal Police Officer Using Federal Customs Officer AuthorityRead the Press Release
[Plattsburgh, New York]— ERIC C. WILSON, age 23, of Saint Regis Falls, New York, was sentenced on June 8, 2013 in Utica, New York, by United States District Judge David N. Hurd to 12 months and one day of imprisonment for possessing with intent to distribute 50 kilograms or more of marijuana, announced United States Attorney Richard S. Hartunian and Homeland Security Investigations Special Agent-in-Charge James Spero. WILSON pled guilty to the charge on January 25, 2013. He was released until July 16, 2013 when he must report to prison.
The United States-Canadian border divides the reservation into an American portion – the Saint Regis Mohawk Reservation – and a Canadian portion – the Akwesasne Mohawk Reservation. On January 28, 2010, officers of the Saint Regis Mohawk Tribal Police (United States) and the Akwesasne Mohawk Police Service (Canada) saw a car driven by Wilson cross from the United States into Canada and then back through an unguarded and unmarked border crossing on the Saint Regis Mohawk Reservation in northern New York. A Detective Sergeant of the Saint Regis Mohawk Tribal Police who was cross-designated as a “customs officer” with Immigration and Customs Enforcement (ICE) found the car, followed it with another police officer, and then stopped it. Officers searched the car and found three large hockey bags with a total of 124.544 pounds of marijuana in the trunk.
The District Court (Hon. David N. Hurd, United States District Judge) suppressed the evidence based upon its finding that the sergeant stopped the car beyond the boundaries of the reservation, and that the sergeant failed to comply with the ICE approval procedures for the exercise of his authority as a customs officer. The district court’s decision is reported at United States v. Wilson, 754 F. Supp. 2d 450 (N.D.N.Y. Dec. 8, 2010).
The Court of Appeals reversed, holding that “the stop was justified by probable cause to believe that Wilson had entered the United States in violation of law” and that the sergeant was a validly designated customs officer authorized to effect the stop, so his failure to follow an internal ICE policy did not give rise to a Fourth Amendment violation. The Court of Appeals also held that there was probable cause to search the car for marijuana smuggled over the border.
United States Attorney Hartunian said, “My office is committed to working with tribal authorities and federal law enforcement officers to stop smugglers from using the Mohawk territory to bring drugs into our communities. This case illustrates how tribal authorities, federal law enforcement officers, and Canadian agencies all collaborate to ensure that there are no gaps in law enforcement coverage on and around the Mohawk territory.”
The case was investigated by the Saint Regis Mohawk Police Department, the Akwesasne Mohawk Police Service, the United States Border Patrol, and Immigration and Customs Enforcement - Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Elizabeth Horsman.
Davie, Rowan County Residents Sentenced on Federal Drug ChargesRead the Press Release
Lengthy sentences conclude joint investigationGREENSBORO, N.C. – A group involved in the distribution of cocaine base (“crack”) in southwest Davie County and western Rowan County has been dismantled and its members sentenced to federal prison, announced United States Attorney Ripley Rand.
A joint investigation by the Davie County Sheriff’s Office, the Rowan County Sheriff’s Office, the North Carolina State Bureau of Investigation (SBI), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) uncovered a conspiracy to distribute cocaine base (“crack”) that included COREY DEWAYNE KERR, TAVIS LABRON HOUPE, DERRICK LAMONT WILSON, CARLOS ANTWONNE REDMOND, MICHAEL ANTHONY KEATON, ZENOBIA RUBEN JACKSON, ALPHONSO LEE KEATON, TRACY LAVENDER WILSON, and RICARDO JOHN LIPSCOMB. As a result of the investigation, these individuals were charged and convicted of federal drug crimes. ZENOBIA RUBEN JACKSON died prior to sentencing and the indictment against him was dismissed. The other defendants were all sentenced to federal prison.
“Our success in fighting this brazen drug trafficking organization is a direct result of our close partnerships with state and local law enforcement,” said United States Attorney Rand. “The Davie and Rowan County Sheriff’s Offices and the SBI have been valuable partners with ATF and the United States Attorney’s Office in the effort to improve the safety and quality of life in these communities for all residents.”
The investigation revealed that between June 1, 2007, and November 30, 2010, the co-conspirators were involved in drug sales in two open-air drug markets referred to as “Wilson Town” (in southwest Davie County) and “The Country” (in western Rowan County). Buyers of “crack” would be directed to one location or the other based upon the availability of “crack,” or police presence in the area. Many of the conspirators had common sources of supply for the “crack” and used common cooks for the purposes of manufacturing the “crack.” Other conspirators would congregate outside a residence within “The Country” that was being used to store and manufacture “crack.” Interviews with the conspirators revealed that some conspirators would buy from and sell to one another for resale, others would be involved in the street level distribution of “crack,” while others would provide transportation for those involved in the distribution of “crack.”
COREY DEWAYNE KERR, age 38, of Cleveland, NC, pleaded guilty on July 7, 2011, to maintaining a drug-involved premises. At the time of his plea, KERR was already serving a state court sentence for felony possession with intent to sell and deliver cocaine. KERR was sentenced on August 31, 2012, to 240 months in the Federal Bureau of Prisons and three years of supervised release.
Each of the other defendants pleaded guilty in March 2011 to one count of conspiracy to distribute 280 grams or more of cocaine base. They were sentenced as follows:
TAVIS LABRON HOUPE, age 37, of Cleveland, NC, was sentenced on June 29, 2011, to 78 months in the Federal Bureau of Prisons and five years of supervised release.
DERRICK LAMONT WILSON, age 37, of Salisbury, NC, was sentenced on August 5, 2011, to 171 months in the Federal Bureau of Prisons and ten years of supervised release.
CARLOS ANTWONNE REDMOND, age 30, of Mocksville, NC, was sentenced on August 11, 2011, to 90 months in the Federal Bureau of Prisons and five years of supervised release.
MICHAEL ANTHONY KEATON, age 29, of Clemmons, NC, was sentenced on August 5, 2011, to 114 months in the Federal Bureau of Prisons and five years of supervised release.
ALPHONSO LEE KEATON, age 40, of Cleveland, NC, was sentenced on June 28, 2011, to 87 months in the Federal Bureau of Prisons and five years of supervised release.
TRACY LAVENDER WILSON, age 41, of Salisbury, NC, was sentenced on August 5, 2011, to 100 months in the Federal Bureau of Prisons and four years of supervised release.
RICARDO JOHN LIPSCOMB, age 30, of Spencer, NC, was sentenced on August 4, 2011, to 120 months in the Federal Bureau of Prisons and five years of supervised release.
The cases were prosecuted by Assistant United States Attorney Terry Meinecke and Assistant United States Attorney Graham Green.
DC Resident Sentenced to More Than 11 Years Imprisonment on Drug ChargesRead the Press Release
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Seven others appear for Pleas and Sentencings
MARTINSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II announced that the following individuals recently appeared in Federal Court in Martinsburg.
TERRENCE JOHNSON, age 37, was sentenced to 135 months imprisonment to be followed by four years of supervised release. JOHNSON was convicted on two counts of “Distribution of Cocaine Base,” one count of “Possession with Intent to Distribute More than
28 Grams of Cocaine Base,” and one count of “Possession with Intent to Distribute Heroin” March 8, 2013, following a three-day trial before Judge Gina M. Groh. JOHNSON, who is free on bond, will self-report to the designated Federal institution. This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.BRIAN CLIFTON JACKSON, age 38, of Washington, DC was sentenced to 84 months imprisonment to be followed by three years of supervised release. JACKSON entered a plea of guilty on February 27, 2013,“Use of a Communication Facility to Facilitate the Distribution of Heroin.” JACKSON was remanded to the custody of the United States Marshal pending designation toa Federal institution. This case was prosecuted by Assistant United States Attorneys Jarod Douglas and Stephen Warner and was investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
CARLOS VINCENT RIVERA, age 43, of Martinsburg, was sentenced to 37 months imprisonment to be followed by three years of supervised release. RIVERA entered a plea of guilty on February 25, 2013, to “Felon in Possession of a Firearm.” On June 21, 2012, RIVERA possessed a firearm despite having a prior felony convictions for possession of cocaine and aggravated robbery. RIVERA was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Shawn A. Morgan and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Martinsburg Police Department.
ISMAIL OMARA, age 34, formerly of Wallingford, Pennsylvania, was sentenced to 37 months imprisonment to be followed by three years of supervised release. OMARA entered a plea of guilty on February 25, 2013, to “Bank Fraud.” Between March 16 and April 15, 2011, OMARA utilized a mobile telephone app that the USAA Federal Savings Bank offers to allow customers to make deposits from their mobile phone using scanner technology, to deposit ten checks totaling $27,530 from a bank account in which OMARA had nearly no money. After making the deposits to the USAA Federal Savings Bank account, OMARA immediately withdrew the funds via ATM withdrawals at casinos in Atlantic City, New Jersey, and Charles Town, West Virginia. As part of his plea, OMARA will make restitution to USAA for the total loss of $25,152.32. This case was prosecuted by Assistant United States Attorney John C. Parr and was investigated by the United States Secret Service.
COREY HASSAN MITCHELL, age 42, of Falling Waters, West Virginia, was sentenced to 15 months imprisonment to be followed by three years of supervised release. MITCHELL entered a plea of guilty on February 21, 2013, to “Distribution of Crack Cocaine.” MITCHELL was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
VAUGHAN J. HENRY, age 28, of Kearneysville, West Virginia, was sentenced to 15 months imprisonment to be followed by three years of supervised release. HENRY enter a plea of guilty on February 25, 2013, to “Possession with Intent to Distribute Crack Cocaine.” HENRY was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by First Assistant United States Attorney Betsy C. Jividen and was investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
PAULA S. HIGH, age 55, of Virginia Beach, Virginia, was sentenced to 14 days imprisonment to be followed by one year of supervised release. HIGH enterer a plea of guilty on February 21, 2013, to “Acquiring, Obtaining, and Possessing Controlled Substances by Mispresentation, Fraud, Forgery and Deception,” on March 9, 2009. HIGH, while a Registered Nurse assigned to the ER of the Department of Veterans Affairs, VA Medical Center, in Martinsburg, acquired controlled substances using an account assigned and authorized to her through her employment. However, instead of administering the medication to a patient, HIGH kept the controlled substances for personal use. HIGH, who is on bond, will self-report to the designated Federal institution. The case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by the U.S. Department of Veterans Affairs/Office of Inspector General.
DANIELLE OSTROWSKI JONES, age 23, of Pasadena, Maryland, entered a plea of guilty to “Knowing Possession of Stolen Firearms.” JONES, who is free on bond pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the Bureau of Alcohol, Tobacco and Firearms.
Columbus Crack Cocaine Dealer Sentenced to Nearly 6 Years in Prison on Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Columbus man was sentenced to five years and ten months in federal prison for distribution of 28 grams or more of crack cocaine, announced U.S. Attorney Booth Goodwin. Tyree Antonio Spraggins, 25, previously pleaded guilty to crack cocaine distribution in March. The sentence was handed down by Chief United States District Judge Robert C. Chambers.
On October 27, 2010, Spraggins entered the Smokin’ Aces store that was located in Huntington and sold 44.3 grams crack cocaine to an undercover agent working for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in exchange for $2,600.
Spraggins sold a total of 142.8 grams of crack cocaine to undercover agents at the Smokin’ Aces store.
This case was investigated by the ATF and the Huntington Police Department. Assistant United States Attorney Gregory McVey handled the prosecution.
This case was prosecuted as part of a yearlong undercover operation that targeted illegal drug and firearm crimes in the Huntington area. The operation was led by the ATF and assisted by the U.S. Attorney’s Office, the Huntington Police Department, and various other law enforcement agencies. It was announced to the public in March 2011 after a grand jury returned indictments against 55 defendants.
Colorado Couple Sentenced in $17 Million Ponzi SchemeRead the Press Release
KANSAS CITY, KAN. – A Colorado couple has been sentenced for operating a $17 million Ponzi scheme that defrauded investors in 13 states and five foreign countries with promises of big returns on investments in diamonds and international notes, U.S. Attorney Barry Grissom said today. Prosecutors from Grissom’s office are serving as special counsel on the case, which was filed in U.S. District Court in Denver.
Richard Dalton, 66, Golden, Colo., was sentenced to 120 months in federal prison. He pleaded guilty to one count of money laundering. His wife, Marie Dalton, 61, Golden, Colo., was sentenced to 60 months in federal prison. She pleaded guilty to one count of conspiracy to commit mail fraud. Restitution will be determined by July 24.
In their pleas, the Daltons admitted that from 2007 through 2010 they operated a company called Universal Consulting Resources, soliciting investors to purchase interests in investment contracts. The Daltons falsely told investors they were guaranteed annual returns ranging from 48 to 120 percent on profits generated from trading in diamonds and international notes. The Daltons falsely claimed that the investments were low risk, that investors’ money could be returned at any time and that the company’s accounts were evaluated by top professionals and licensed third parties. The Daltons falsely claimed the invested funds would be held safely in an escrow account at a bank in the United States.
In fact, Universal Consulting Resources was operated as a classic Ponzi scheme, wherein investor funds were commingled and used to pay out purported profits to early investors to create the false appearance that the investments were performing as promised.
The Daltons used investor funds to pay personal expenses including the purchase of autos, real estate and $35,000 worth of dental work for Richard Dalton. Family members of the Daltons also received substantial payments from the company.
In 2010 when the Daltons learned they were under investigation by the Securities and Exchange Commission, they discontinued making payments to investors. They attempted to deceive investors by claiming payments would be coming soon and inventing reasons for the delays. In November 2010 they left the United States for South Africa, where they remained until they were forced to return to the United States and arrested in Atlanta on Sept. 30, 2011.
The parties agreed that the net loss to the victims caused by the crimes was more than $2.5 million and less than $7 million.
The FBI, IRS-Criminal Investigations and the Securities Exchange Commission investigated. Assistant U.S. Attorney Richard Hathaway and Assistant U.S. Attorney Christine Kenney served as special counsels to prosecute the case.
Charlottesville Insurance Agent SentencedRead the Press Release
CHARLOTTESVILLE, VIRGINIA -- A local insurance agent, who pled in March to insurance fraud, was sentenced today in the United States District Court for the Western District of Virginia in Charlottesville.
Graham Hutson Messer, 32, of Bremo Bluff, Va., was originally charged in September 2012 with 13 counts of mail fraud. In March, Messer waived his right to be indicted and pled guilty to a one count Information charging him with insurance fraud. This afternoon in District Court he was sentenced to seven months of federal incarceration. In addition, Messer will serve three years of supervised release, the first seven months of which must be served on home confinement. He was also ordered to pay $60,019 in restitution to the victims of his fraudulent activity.
“Mr. Messer diverted money from his clients that they had paid in order to obtain insurance,” United States Attorney Timothy J. Heaphy said today. “His criminal conduct left his victims uninsured and placed the financial futures of many local families in jeopardy. A coordinated law enforcement effort uncovered Mr. Messer’s scheme and led to his conviction. This case demonstrates our continuing commitment to investigating and prosecuting all forms of financial fraud.”
Messer operated as an independent agent offering insurance and insurance products for sale to clients throughout Virginia. Messer purported to sell insurance offered by a variety of insurance companies. Though some policies were in fact placed with the proper companies, many were not.
Messer admitted that he would instruct his clients to send payments for insurance premiums directly to him. The defendant told his clients that he would then remit the payments to the insurance companies. However, Messer admitted that he embezzled those funds for his own, personal use, never sending them to the insurance company, while also deceiving his clients into believing they had insurance coverage when they did not.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Albemarle County Police Department, the Virginia Bureau of Insurance and the Charlottesville City Police Department. Special Assistant United States Attorney Elliott Casey is prosecuting the case for the United States.
Charleston Felon Sentenced to 10 Years in Federal Prison for Illegal Firearm PossessionRead the Press Release
Douglas Jonathan Wesley wounded an individual during a February ’12 shooting on Charleston’s West Side
CHARLESTON, W.Va. – A Charleston man who shot and wounded an individual in February 2012 was sentenced today to the statutory maximum of 10 years in federal prison for being a felon in possession of a firearm, announced U.S. Attorney Booth Goodwin. Douglas Jonathan Wesley Jr., also known as “Dougie” and “Dougie Fresh,” 23, previously pleaded guilty in July 2012 to being a felon in possession of a firearm.
On February 5, 2012, Wesley shot a known individual near the Kickback Lounge located on Central Avenue in Charleston. Wesley left the scene of the shooting and returned a few minutes later where he shot the same individual a second time. The victim was seriously wounded, but survived. The incident was captured on video surveillance from a neighboring building.
The Court noted at sentencing that the defendant committed a gravely serious offense, had a disturbingly violent criminal history and was a danger to the community.
Wesley was previously convicted in May 2005 in the Circuit Court of Kanawha County of felony first degree robbery.
The investigation was conducted by the Charleston Police Department. Assistant United States Attorney Steven Loew handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Captain Pleads Guilty and Company Pleads No Contest in Fatal Parasailing AccidentRead the Press Release
St. Thomas, USVI – The captain of a vessel that was involved in a fatal parasailing accident just outside of the Charlotte Amalie Harbor in 2011 pleaded guilty, and the owner of the vessel pleaded no contest today in District Court, announced United States Attorney Ronald W. Sharpe, United States Coast Guard Sector San Juan Commander Captain Drew W. Pearson, and Coast Guard South East Region Criminal Investigative Services Special Agent-in-Charge Jonathan Sall.
Captain Kyle Coleman, 33, pleaded guilty to operating the motor vessel, Turtle, in a negligent manner, thereby causing the death of a passenger while on a parasailing excursion. CWS Tours, LLC, which owned the vessel, acknowledged that it was negligent with respect to the vessel, and as a result someone’s life was destroyed.
According to the plea, Coleman was the captain of the Turtle at the time it was conducting parasailing excursions just south of Water Island on November 15, 2011, when a passenger, Bernice G. Kraftcheck, was killed. Kraftcheck and her daughter, Danielle Haese, were hoisted into the air for the parasail ride as wind conditions were deteriorating. The strong winds and a weak towline caused the towline to break, resulting in the parasail separating from the vessel and the two women falling into the water. The wind then propelled the parasail, with the women still attached, at a very high rate of speed causing the death of Kraftcheck and serious injuries to Haese.
“Parasail company owners and operators are entrusted with the safety and welfare of their passengers,” U.S. Attorney Sharpe said. “In this case, both the company and the captain violated that trust by failing to observe wind conditions, safely maintain all equipment, and adequately prepare for emergencies. We hope that the victims’ families will take some comfort from the fact that both the company and captain will be held responsible for their criminal negligence.”
“While we will always keep the victims and their loved ones in our thoughts, the guilty pleas today provided needed accountability in a court of law," Capt. Drew W. Pearson said. "All parasail operators should take notice, realizing the serious actions and outcomes the Coast Guard and our partners at the U. S. Attorney's office will pursue, to ensure the safety of life at sea."
Coleman faces a maximum penalty of one year incarceration and a $5,000 fine, plus restitution to the victims. CWS Tours faces a maximum penalty of five years probation and a $250,000, plus restitution to the victims. CWS Tours also agreed to take part in at least two public service announcements produced in conjunction with the Coast Guard promoting the importance of parasailing safety, and cooperate with the reasonable recommendations of the Coast Guard in developing parasailing industry safety procedures.
Sentencing is set for September 12, 2013.
This case was investigated by the United States Coast Guard, and prosecuted by Assistant United States Attorney Everard E. Potter.
Callaway County Man Pleads Guilty to Drug-trafficking ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Callaway County, Mo., man pleaded guilty in federal court today to his role in a drug-trafficking conspiracy in Boone, Callaway and Cooper counties.
Jason Randall Holloway, 33, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to participating in a conspiracy to distribute 100 kilograms or more of marijuana and five kilograms or more of cocaine from 2007 to September 2010. Holloway also pleaded guilty to three additional counts of possessing marijuana with the intent to distribute, distributing marijuana and possessing marijuana and cocaine with the intent to distribute.
Holloway admitted that he had been acquiring approximately 50 pounds of marijuana and one kilogram of cocaine each month for the past two years from his sources in Kansas City, Mo. – primarily Jaime Cerros-Perez, also known as Leonel Espinoza, Jr., 31. Cerros-Perez was sentenced on Sept. 27, 2012, to seven years and three months in federal prison without parole after pleading guilty to his role in the conspiracy.
According to today’s plea agreement, Holloway stored bulk amounts of marijuana at another person’s residence in Columbia, Mo. Law enforcement officers seized 117 pounds of marijuana from that residence on July 10, 2010.
On July 26, 2010, a cooperating law enforcement source purchased approximately 10 pounds of marijuana from Holloway. On Sept. 6, 2010 Holloway and others traveled from Columbia to Kansas City, Mo., where they picked up Cerros-Perez then traveled to Kansas City, Kan. While under surveillance, Holloway and Cerros-Perez obtained approximately one kilogram of cocaine. The group then traveled to an apartment building, where they obtained a suitcase that contained approximately 50 pounds of marijuana. After dropping Cerros-Perez back at his vehicle, they returned to the Boone County area, where they were stopped. Officers then located the cocaine beneath the front passenger seat where Holloway was sitting.
Under federal statutes, Holloway is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to life in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Lauren Kummerer. It was investigated by the Drug Enforcement Administration, MUSTANG (the Mid-Missouri Unified Strike Team And Narcotics Group), the Fulton, Mo., Police Department, the Missouri State Highway Patrol, the Columbia, Mo., Police Department, the Callaway County, Mo., Sheriff’s Department and the Boone County, Mo., Sheriff’s Department.Caldwell County Man Charged with Defrauding Social Security Disability and Medicaid ProgramsRead the Press Release
– Received benefits for 20 years by alleging he was disabled
PADUCAH, Ky. – A Caldwell County, Kentucky resident pleaded guilty in United States District Court today before Senior District Judge Thomas B. Russell to charges of failure to report to Social Security Administration his ability to work and fraudulently receiving disability and Medicaid benefits for 20 years announced David J. Hale, United States Attorney for the Western District of Kentucky.
Travis L. Vickery, age 44, pleaded guilty to a two count federal indictment that alleged between September 1991 and October 2011, Vickery, who was not disabled from working, knowingly and willfully concealed and failed to disclose to the Social Security Administration that he was able to work and not disabled. Further, Vickery admitted to knowingly and willfully executing a scheme and artifice to defraud the Medicaid Program, by falsely representing he was disabled from working, and thereby received health care benefits, items, and services to which he was not entitled.
At sentencing , Vickery faces no more than 15 years in prison, a fine of $500,000 plus restitution, and a period of no more than three years of supervised release. At sentencing, the United States will allege the combined total loss to the Social Security Administration and the Medicaid Program at $97,225.82.
This case is being prosecuted by Assistant United States Attorney James H. Barr and was investigated by the Social Security Administration’s Office of Inspector General.
Bristol-Myers Squibb Executive Admits Insider Trading ChargesRead the Press Release
TRENTON, N.J. – A former executive with global pharmaceuticals giant Bristol-Myers Squibb Co. (BMS) admitted today to trading on inside information regarding a public company that BMS was in the process of acquiring, U.S. Attorney Paul J. Fishman announced.
Robert Ramnarine, 46, of East Brunswick, N.J., pleaded guilty before U.S. District Judge Anne E. Thompson in Trenton federal court to an information charging him with securities fraud.
According to documents filed in this case and statements made in court:Ramnarine was employed by Bristol-Myers Squibb Co. (BMS) from 1997 to August 2012. From March 2008 on, he held a variety of high-level, executive positions at the company, including director of Pensions and Savings Investments (March 2008-June 2011), executive director of Pensions and Savings Investments (June 2011-July 2012), and assistant treasurer for Capital Markets (July 2012-August 2012). As a result of these positions, Ramnarine was involved in evaluating potential acquisition targets for Bristol Meyers Squibb, including publicly traded companies, and was privy to inside company information concerning such transactions. He was legally banned from disclosing confidential information and material, nonpublic information he learned through his employment or from using such information for his personal benefit or the benefit of others.
During May and June 2012, Ramnarine, traded on material, nonpublic information regarding the company’s anticipated acquisition of Amylin Pharmaceuticals Inc., a publicly traded company. The material, nonpublic information available to Ramnarine enabled him to reap substantial profits by engaging in lucrative trading in stock options of Amylin shortly before BMS announced its plans to acquire Amylin in late June 2012. As part of his plea, Ramnarine admitted today that for purposes of sentencing his relevant criminal conduct includes $311,361 in illicit gains he made from trading in stock options of not only Amylin, but also several other BMS acquisition targets – ZymoGenentics Inc. and Pharmasset Inc., a company for which BMS submitted a bid through a confidential auction process, but which was subsequently acquired by Gilead Sciences.
Ramnarine faces a maximum potential penalty of 20 years in prison and a fine of $5 million. Sentencing is scheduled for Sept. 26, 2013.U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to today’s guilty plea. He also thanked the U.S. Securities and Exchange Commission’s Market Abuse Unit and Philadelphia Regional Office, under the direction of Daniel M. Hawke, for its assistance, and Bristol-Myers Squibb Co., for its cooperation during the investigation.
The government is represented by Assistant U.S. Attorneys Gurbir S. Grewal and Mala Ahuja Harker of the U.S. Attorney’s Office 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.
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Defense Counsel: Douglas R. Jensen Esq., New York
Ramnarine Information
Bridgeport Woman Admits Embezzling from Shelton Travel AgencyRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that CHRISTINA TARTAGLIO, 34, of Bridgeport, waived her right to indictment and pleaded guilty today before United States Magistrate Judge Donna F. Martinez in Hartford to one count of wire fraud related to her embezzlement from her Shelton employer.
According to court documents and statements made in court, between 2008 and 2011, TARTAGLIO was employed as a corporate travel consultant, office manager, and accounting assistant for a travel agency located in Shelton. During that time TARTAGLIO embezzled from the travel agency by drafting refund checks from the agency to clients who were not due any refunds, forged the clients’ signatures, endorsed the checks, and then deposited them into her personal bank account. Also, where a commission was due to the travel agency, TARTAGLIO entered all or part of the commission as a credit payable to a random client or a fictitious name and then wrote a check for the credit amount to that name. She then endorsed each check and deposited it into her bank account. She also created checks payable to vendors or suppliers for operating expenses, changed the payee on a check to a fictitious name created by her, endorsed and then deposited the checks in her account.
Through this scheme, TARTAGLIO embezzled $94,237.05.
TARTAGLIO is scheduled to be sentenced by United States District Judge Robert N. Chatigny on September 3, 2013, at which time she faces a maximum term of imprisonment of 20 years and a fine of up to $250,000.
This matter is being investigated by the United States Secret Service, the Shelton Police Department and the Connecticut Financial Crimes Task Force, which includes federal, state and local law enforcement agencies. The case is being prosecuted by Assistant United States Attorney Felice M. Duffy.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Boise Man Admits to Passing Counterfeit $50 NotesRead the Press Release
BOISE – William W. Hanson, 35, of Boise, Idaho, pleaded guilty today in United States District Court to one count of passing counterfeit obligations and securities, U.S. Attorney Wendy J. Olson announced. Hanson was indicted by a federal grand jury in Boise on April 10, 2013.
According to the plea agreement, on March 26, 2013, Hanson passed a counterfeit $50 Federal Reserve Note at a restaurant in Cambridge, Idaho. Hanson admitted to knowing the note was in fact a $5 note that had been bleached and printed to look like a $50 note. Later that day, the Washington County Sheriff’s Office arrested Hanson in possession of four additional $5 notes that were bleached and reprinted to look like $50 notes. A subsequent investigation found that prior to his arrest, beginning on approximately March 10, Hanson passed 35 similar counterfeit $50 notes in Burley, Twin Falls, Boise, Garden City, Nampa, Eden, Horseshoe Bend, Donnelly, McCall, New Meadows, Council, and Cambridge, Idaho. Hanson agreed to pay restitution to the victims.
The charge is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for August 26, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by the United States Secret Service and the Washington County Sheriff’s Office.
Belcourt Man Sentenced for Two AssaultsRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 10, 2013, Joey M. Short, 25, Belcourt, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault resulting in serious bodily injury and a charge of assault with a dangerous weapon. Short pleaded guilty to the charges on March 14, 2013.
Judge Hovland sentenced Short to serve two years and nine months in federal prison, to be followed by three years of supervised release. Short was ordered to pay restitution of $17,963.21 and to pay a $200 special assessment to the Crime Victim’s Fund.
On July 18, 2012, Short struck a man in the head with a metal bar. The victim suffered a skull fracture and a concussion and required hospitalization.
On Oct. 19, 2012, Short assaulted another man by striking him in the head with a sledge hammer. The injury required numerous stitches to the victim’s head.
The case was investigated by the Bureau of Indian Affairs – Turtle Mountain Agency and the Federal Bureau of Investigation.
Assistant U.S. Attorney Brandi Sasse Russell prosecuted the case.
Annville Man Charged with Stealing and Reselling FirearmsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jacob D. Sattazahn, age 26, of Annville, was indicted on June 5 by a federal grand jury in Harrisburg and charged with stealing firearms and possessing and selling stolen firearms.
According to United States Attorney Peter J. Smith, in April 2013, Sattazahn stole 12 firearms, including five pistols, six assault rifles and a shotgun from his former employer, IWI, Inc., a Harrisburg firm which receives, stores, assembles, sells and ships firearms.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lower Paxton Township Police and is being prosecuted by Assistant United States Attorney Daryl F. Bloom.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is 15 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
****Anmoore Resident Sentenced for the Distribution of Crack Cocaine Within 1,000 Feet of the Clarksburg City ParkRead 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
Three others appear for Pleas and Sentencing
CLARKSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II announced that the following individuals recently appeared in Federal Court in Clarksburg.
RAYMOND RITCH a/k/a “RAY” was sentenced to 12 months imprisonment to be followed by six years of supervised release. RITCH entered a plea of guilty on January 29, 2013, to the distribution charge. RITCH was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the HarrisonCounty Drug and Violent Crime Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department.
the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service; and, the United States Marshals Service.
ALLEN GARROD, age 55, an inmate at USP Hazelton, entered a plea of guilty to “Assault with a Dangerous Weapon with Intent to do Bodily Harm” on December 9, 2012, when GARROD assaulted another inmate with a prison-make knife. GARROD was sentenced to 24 months imprisonment to be served consecutively with his current 132-month sentence. This case was prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Special Investigative Services Staff at USP Hazelton.
FRANKLIN MCVAY, age 27, of Morgantown, West Virginia, entered a plea of guilty to “Felon in Possession of a Firearm.” MCVAY, who was previously convicted in the Circuit Court of Marion County, West Virginia, on the felony charge of unlawful assault was prohibited from possessing a firearm. However, on January 19, 2013, MCVAY discharged multiple rounds from a handgun he possessed into the ceiling at a club in Morgantown. MCVAY, who is in custody pending sentencing, faces up to 10 years imprisonment and a
$250,000 fine. This case was prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.DAVID SOKOLOWSKI, age 42, of Pt. Marion, Pennsylvania, entered pleas of guilty to “Assault of a VA Police Officer” and “Disorder Conduct.” On February 15, 2013, SOKOLOWSKI went to the Louis A. Johnson VA Medical Center in Clarksburg for treatment where he became disruptive while using a phone in the ER. When VA police officers arrived, he verbally threatened to kill them, hit one of the officers and threatened to shoot people in the ER, including the officers. SOKOLOWSKI, who is free on bond pending sentencing, faces up to 1 year imprisonment and a $300,000 fine. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the Veterans Administration Police.
RONALD CLEVENGER, age 70, of Clarksburg, West Virginia, entered a plea of guilty to “Embezzlement.” Between October of 1999 and September of 2010, CLEVENGER embezzled and converted Social Security supplemental income payments and Department of Labor Coal Mine Workers’ Compensation benefits in the amount of $115,150, which had been paid to his deceased mother. CLEVENGER, who is free on bond pending sentencing, faces up to 10 years imprisonment and a $250,000 fine. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the Social Security Administration-Office of Inspector General and the Department of Labor-Office of Inspector General.
Allen Man Pleads Guilty to Stabbing A Female with A Knife and Assaulting Her with A BatRead the Press Release
United States Attorney Brendan V. Johnson announced that Curtis Dupris, age 32, of Allen, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 30, 2013 and pled guilty to two charges of Assault with a Dangerous Weapon.
The maximum penalty upon conviction for each charge is life imprisonment and a $250,000 fine. One charge relates to Dupris stabbing a female several times with a knife at an Allen home on February 23, 2013. The other charge relates to Dupris assaulting her with a bat between February and April of 2012.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
A presentence investigation was ordered and a sentencing date was set for October 7, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Alexandria Man Receives 10 Years for Selling Improvised Explosive DeviceRead the Press Release
Defendant Believed IED Was To Be Used In Murder
ALEXANDRIA, Va. – Vytlingum Kandasawmi, also known as Tony, 34, of Alexandria, Va., was sentenced today to 120 months in prison, followed by three years of supervised release, for selling an improvised explosive device (“IED”) believing that the device would be used to commit murder.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Lt. Col. Edwin C. Roessler, Jr., Acting Chief of the Fairfax County Police Department made the announcement after sentencing by United States District Judge Gerald Bruce Lee.
Kandasawmi previously pleaded guilty on March 26, 2013. According to court documents, Kandasawmi and co-defendant Tony Robert Brooks, 51, of Spotsylvania County, Va., built and sold an IED to a man whom they believed intended to use the explosive device to murder a rival. The IED was housed in PVC pipe and contained steel balls, black powder, and a fuse. The bomb purchaser was, in fact, an undercover law enforcement agent, who had purchased several smaller bombs from Kandasawmi over the preceding months. Brooks is scheduled to be sentenced on July 12, 2013.
This case was investigated by the FBI’s Washington Field Office and the Fairfax County Police Department. Assistant United States Attorney Michael P. Ben’Ary prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.10 People from the River Region Receive Large Sentences for Their Part in A Drug Trafficking OrganizationRead the Press Release
Montgomery, Alabama - Ten people were sentenced last week for their participation in a drug trafficking organization operating in Autauga, Elmore and Montgomery Counties, announced George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama. United States District Judge Keith Watkins sentenced the ten people after they were either convicted following a 2 ½ week trial in February 2013, or plea of guilty.
Evidence in this case showed that this drug trafficking organization was very sophisticated and sold many kilograms of powder cocaine. This large drug organization started with two smaller drug trafficking organizations that joined forces to saturate Autauga, Elmore and Montgomery counties with cocaine. According to the evidence, Mr. Willie Jerome Davis had at least $500,000 of illicit assets, including real and personal property. After establishing that Davis had very limited legitimate income, the jury was allowed to infer that his “wealth” came from illicit activity – drug trafficking.
The sentences for the ten are:
- Delmond Lemar Bledson, a.k.a “Two Face”, age 38 of Deatsville, Alabama was sentenced to 188 months imprisonment. Bledson was convicted of conspiracy and possession with intent to distribute cocaine hydrochloride in violation of Title 21 United States Code, Sections 841 and 846;
- Willie Jerome Davis, a.k.a “Moby” age 52 of Elmore, Alabama was sentenced to life imprisonment. Davis was convicted of conspiring to distribute cocaine hydrochloride, use of a communication facility to further the cocaine conspiracy and money laundering in violation of Title 21 United States Code, Sections 841, 846, 843(b) and Title 18 United States Code, Section 1956(a)(1)(B)(ii);
- Eulanda Lashade Trimble, a.k.a “Yo Yo” age 33 of Montgomery, Alabama was sentenced to 15 months imprisonment. Trimble was convicted of conspiring to distribute cocaine hydrochloride and use of a communication facility to further the cocaine conspiracy in violation of Title 21 United States Code, Sections 841, 846 and 843(b);
- Willie James Walker, a.k.a “Nicodemus”, age 60 of Montgomery, Alabama was sentenced to was sentenced to 72 months imprisonment. Walker was convicted of conspiring to distribute cocaine hydrochloride in violation of Title 21 United States Code, Sections 841 and 846;
- Clifton Pettus, a.k.a “Biscuit” age 33 of Montgomery, Alabama was sentenced to 188 months imprisonment. Pettus was convicted of conspiring to distribute cocaine hydrochloride and use of a communication facility to further the cocaine conspiracy in violation Title 21 United States Code, Sections 841, 846 and 843(b);
- Robert Marshall, a.k.a “Big Daddy” age 39 of Montgomery, Alabama was sentenced to 300 months imprisonment. Marshall was convicted of conspiring to distribute cocaine hydrochloride and use of a communication facility to further the cocaine conspiracy in violation Title 21 United States Code, Sections 841, 846 and 843(b);
- Tony Gardner, a.k.a “Rock” age 41 of Millbrook, Alabama was sentenced to 78 months imprisonment. Gardner was convicted of conspiring to distribute cocaine hydrochloride in violation of Title 21 United States Code, Sections 841 and 846;
- William James Reese, age 38 of Deatsville, Alabama was sentenced to 360 months imprisonment. William Reese was convicted of conspiring to distribute cocaine hydrochloride and use of a communication facility to further the cocaine conspiracy in violation Title 21 United States Code, Sections 841, 846 and 843(b);
- Eric Orlando Reese, age 38 of Montgomery, Alabama was sentenced to 240 months imprisonment. Eric Reese was convicted of conspiring to distribute cocaine hydrochloride and use of a communication facility to further the cocaine conspiracy in violation Title 21 United States Code, Sections 841, 846 and 843(b);
- Ger Derrick Moncrief, age 39 of Montgomery, Alabama was sentenced to 108 months imprisonment. Moncrief was convicted of conspiracy and possession with intent to distribute cocaine hydrochloride in violation of Title 21 United States Code, Sections 841 and 846;
“These long sentences should send a message: If you sell drugs in the Middle District of Alabama, you will go to jail and you will go to jail for a long time,” stated U.S. Attorney George L. Beck, Jr. “With the sentencing of these defendants, our community is a safer place to live.”
“The impact of this investigation, the lengthy prison sentences imposed and the collaborative efforts of our law enforcement colleagues should send a clear message that drug trafficking will not be tolerated in our communities, stated Clay Morris, DEA Resident Agent in Charge. “The combined efforts of law enforcement have removed a well-established drug trafficking organization from our neighborhoods and has made our communities a safer place for our children.”
This case was investigated by the Drug Enforcement Administration in Montgomery, with the assistance from DEA Atlanta, DEA New York, Montgomery HIDTA Task Force, Federal Bureau of Investigation, U.S. Marshal Service, Central Alabama Drug Task Force, Office of the Attorney General, Elmore County Sherriff's Office, Wetumpka Police Department, Montgomery Police Department, Millbrook Police Department, Montgomery County Sherriff's Office, Prattville Police Department, Autauga County Sherriff's Office, Alabama State Troopers, Alabama Beverage Control, Alabama Bureau of Investigation, Chilton County Sherriff's Office, and the Alabama National Guard.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617
7 June 2013
Wyoming Man Charged with Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Christopher A. Crofts announced today that Lee Michael Spoonhunter, an enrolled Northern Arapaho Tribal member, appeared in federal court on June 6, 2013, for an arraignment. Mr. Spoonhunter appeared with counsel and pled not guilty to the indictment charging assault resulting in serious bodily injury, in violation 18 U.S.C. §§113(a)(6) & 1153. Mr. Spoonhunter’s trial will be held on August 12, 2013, in Cheyenne, Wyoming before Chief United States District Court Judge Nancy Freudenthal. This case is being investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. An indictment is only an accusation. In every criminal case, the accused is presumed to be innocent until proven guilty, and the government always has the burden of proving guilt at trial beyond a reasonable doubt.
White River Man Charged with Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a White River, South Dakota man has been indicted by a federal grand jury for Assaulting a Federal Officer.
Anthony Black Wolf, age 25, was indicted by a federal grand jury on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 4, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 8 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Black Wolf is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Black Wolf was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.