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Wednesday 24 April 2013
Contractors Sentenced for Paying Bribes to Former Broward County Traffic Director of EngineeringRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Marlies T. Gonzalez, Special Agent in Charge, U.S. Department of Transportation, Office of Inspector General, announced that Anthoneel Allen, 40, of Wellington, FL, and James Hashim, 50, of Plantation, FL, were sentenced today for conspiracy to commit bribery in programs receiving federal funds, highway fraud, mail fraud, extortion under color of official right, and tax fraud, all in violation of Title 18, United States Code, Sections 371, before the Honorable Judge James A. Cohn. Allen received a sentence of 60 months imprisonment, three years of supervised release, a $15,000 fine, and a forfeiture judgment of $3,000,000 was ordered. As stated at the sentencing, Allen has already paid $814,000 to the government with respect to the forfeiture. Hashim received a sentence of 36 months imprisonment, three years of supervised release, a $15,000 fine, and a forfeiture judgment of $3,000,000 was ordered.
Allen and Hashim were charged in connection with a scheme wherein they paid bribes to Jihad El Eid, who was the Director of Traffic Engineering in the Division of Public Works in Broward County. As stated at the sentencing, the bribes paid by Allen and Hashim helped them secure approximately $26,000,000 in contracts from Broward County in which they obtained approximately $6,500,000 in benefits.
According to the documents previously filed with the court, Hashim and Allen admitted that beginning in the fall of 2006 through 2010, they provided to Jihad El Eid more than $150,000 in cash, a 2003 Ford Taurus, and a job at Southeast Underground Utilities (SUU) for Wael El Eid (a relative of Jihad El Eid) in order to curry favor with Jihad El Eid. In return, Jihad El Eid helped SUU obtain work on multi-million dollar projects initiated by the Broward County Traffic Engineering Division, including the Signalization and Street Light Installation (SSLI) contract, a contract to make installations and do repair work of the street lights and traffic equipment in Broward County; the Advanced Transportation Management System (ATMS Project), a federally-funded project, which required the contractor to install an integrated traffic control system which entailed laying hundreds of thousands of feet of underground cable and conduit in order to synchronize traffic flow within Broward County; and the Video Detection Contract (VDC), which required the contractor to install video detection cameras in various intersections in Broward County in order to improve traffic flow. Jihad El Eid also assisted SUU concerning billing, specification and inspection matters that resulted in SUU being overpaid by at least $3,000,000.
Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, and the U.S. Department of Transportation, Office of Inspector General, in connection with the investigation of this matter. Mr. Ferrer would also like to recognize the assistance provided by the Broward County Office of the County Attorney, the Broward County Professional Standards Section, the Federal Highway Administration, the Florida Department of Transportation, and the employees of the Broward County Traffic Engineering Division. The case is being prosecuted by Assistant U.S. Attorney Jeffrey N. Kaplan.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
City Woman Sentenced for Social Security Disability FraudRead the Press Release
Oklahoma City – ANTIGANEE TRIPLET, 39, from Oklahoma City, has been sentenced by United States District Judge Robin J. Cauthron to serve five years’ probation and pay $13,155.51 in restitution for defrauding the Social Security Administration (SSA) to receive disability benefits to which she was not entitled, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
According to Court records and information from the plea and sentencing hearings, Triplet claimed she was disabled and received SSA disability benefits from January of 2009 through January 2012. Triplet reported to SSA she was not employed during this time period when, in fact, she was working and earning income at several jobs.
Triplet was charged on January 8, 2013, and pled guilty on January 23, 2013, to illegally receiving Social Security disability benefits she was not entitled to receive. Judge Cauthron ordered Triplet to serve five years’ probation and pay $13, 155.51 in restitution to SSA.
This case was the result of an investigation conducted by the Social Security Administration Office of Inspector General and was prosecuted by Assistant U.S. Attorney Amanda Maxfield Green.
City of Miami Police Officer Harold James SentencedRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Manuel Orosa, Chief, City of Miami Police Department, announced that Harold James, former City of Miami police officer, was sentenced yesterday by U.S. District Judge Robert N. Scola to fifteen (15) months imprisonment, as to each Count of the two-count Information, to be followed by two (2) years supervised release. The imposed sentence stems from charges of extortion under color of official right, in violation of Title 18, United States Code, Section 1951(a).
The FBI, working in conjunction with the City of Miami Police Department, initiated an investigation after receiving information that City of Miami police officers were facilitating illicit gambling activity taking place at Player’s Choice, a barber shop located in Miami.
In April 2012, during the course of the investigation, James met with and took a cash payment from a cooperating source for providing security at the gambling establishment. It was at this meeting that James was told of another illicit operation. James agreed to participate in the second scheme and agreed to take cash for his involvement.
On five separate occasions, James provided protection for a courier who he believed was cashing fraudulent government checks at the check cashing store. He did so, while in full uniform and while driving his marked City of Miami Police Department vehicle. James, in an effort to further facilitate the criminal activity, notified the cooperating source when there would be law enforcement activity in the area of the check cashing store. In exchange for providing security of the courier who was purportedly cashing fraudulent government checks at the check cashing store, James took receipt of approximately $800 cash.
U.S. Attorney Wifredo A. Ferrer stated, “The criminal conduct of this officer and other public officials undermines the public trust. This sentence sends a message to all public officials who commit crime that they are not above the law.”
“Law enforcement officers are in a position of public trust and therefore must be held to a high standard,” said Michael B. Steinbach, Special Agent in Charge of FBI Miami. “James violated that trust and was brought to justice in large part due to the dedication and commitment of the members of the Miami Area Corruption Task Force and the City of Miami Police Department.”
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Public Corruption Task Force, and the City of Miami Police Department. This case was prosecuted by Assistant U.S. Attorney Robin W. Waugh.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
California Man Indicted for Attempted Sexual Exploitation of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a California man has been indicted by a federal grand jury for Attempted Sexual Exploitation of a Child.
Thomas Tatar, age 26, was indicted by a federal grand jury on November 15, 2012. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 22, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 30 years’ in custody, 5 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Tatar is presumed innocent until and unless proven guilty. The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Tatar was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Brookline Man Pleads Guilty to Defrauding State Welfare DepartmentRead the Press Release
PITTSBURGH, Pa. - A Pittsburgh resident pleaded guilty in federal court to a charge of wire fraud, United States Attorney David J. Hickton announced today.
Kamil Al-Rifai, 56, pleaded guilty to one count before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that from on or about Feb. 9, 2012, and continuing to on or about Jan. 14, 2013, Al-Rifai defrauded the Pennsylvania Department of Public Welfare when he misrepresented that his dependent mother was residing at his home in his application for benefits.
Judge Schwab scheduled sentencing for Aug. 22, 2013. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense(s) and the criminal history, if any, of the defendant.
Assistant United States Attorney James T. Kitchen is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Kamil Al-Rifai.
Bismarck Man Sentenced to Serve 15 Years for Possession of Firearm & Ammunition by Convicted FelonRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 24, 2013, Jamie N. Nilsen, 28, Bismarck, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of firearm and ammunition by a convicted felon. Nilsen pleaded guilty to the charge on Oct. 30, 2012.
Judge Hovland sentenced Nilsen to serve 15 years in federal prison, to be followed by three years of supervised release. Nilsen was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
During the early morning hours of April 25, 2012, Nilsen was engaged in an argument with a female at her residence in Bismarck, N.D. Nilsen brandished and discharged a .45 caliber handgun during the dispute in the garage of the girlfriend’s residence. Nilsen broke through the front door and entered the residence, still possessing the gun. At approximately 3:10 a.m., the Bismarck Police Department responded to a 911 call from the residence. Upon the arrival of the police, Nilsen entered a car with the gun and refused to comply with officer commands. The SWAT team and hostage negotiator came to the scene. At 6:54 a.m., Nilsen gave up the gun and surrendered.
Nilsen was prohibited from possessing a firearm by virtue of his seven prior felony convictions, including an aggravated assault conviction and two burglary convictions in 2004. Due to the fact that three or more of these convictions were “violent felony” convictions, the offense carried a maximum penalty of life imprisonment, and a minimum mandatory sentence of 15 years in federal prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Bismarck Police Department.
Assistant U.S. Attorney David Hagler prosecuted the case.
Binghamton Area Man Sentenced for $594,000 Theft and Tax EvasionRead the Press Release
United States Attorney, Richard S. Hartunian, announced that William P. Stiles, 43, of Deposit, Broome County, New York, was sentenced today in United States District Court to twenty four weekends of incarceration, and five years supervised release for the felony crimes of wire fraud and tax evasion.
Stiles was chief operating officer and part owner of Aeden Waterford, Inc. (AWI), a payroll and human services company located in the city of Binghamton. Stiles stole more than $500,000 from approximately 100 business clients of AWI between November, 2005, and November, 2010. The money stolen by Stiles was supposed to be used by Stiles to pay client employment withholding taxes, but instead was deposited by Stiles into Stiles’ personal bank accounts. Stiles used the funds stolen from AWI clients for his own personal benefit. Stiles further admitted he evaded income taxes due on the stolen money.
In addition to home confinement and supervised release, District Court Judge Thomas J. McAvoy ordered Stiles to pay $64,466.00 in back taxes to the Internal Revenue Service, and $529,607.29 in restitution to the victims of his crime.
The case was investigated by the Internal Revenue Service, Criminal Investigations, the Federal - Bureau of Investigation, Binghamton Resident Office, and was prosecuted by the U.S. Department of Justice, U.S. Attorney’s Office.
Bank Official Charged with Embezzling Funds, False Entry in Bank RecordsRead the Press Release
PITTSBURGH, Pa. - A resident of Pittsburgh has been indicted by a federal grand jury in Pittsburgh on charges of bank embezzlement and false entry in bank records, United States Attorney David J. Hickton announced today.
The two-count indictment named Diana Phillips, 39, as the sole defendant.
According to the indictment, Phillips was an Assistant Branch Manager and Head Teller at First National Bank. Over a period of roughly three years, Phillips embezzled approximately $129,318.38 from the bank by processing fictitious general ledger transactions and making cash-in deposits into an account owned by a family member. The defendant then transferred money from the family member's account into accounts controlled by her and/or her husband.
The law provides for a maximum total sentence of 60 years in prison, a fine of $2,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Assistant U.S. Attorney Donald Valeska Receives Award for Service to Victims During National Crime Victims’ Rights WeekRead the Press Release
Montgomery, Alabama - Assistant U.S. Attorney Donald Valeska was honored for outstanding service to crime victims in an awards ceremony hosted by the Wiregrass Angel House V.O.C.A.L. on April 23, 2013, announced George L. Beck, Jr., United States Attorney for the Middle District of Alabama. This award was presented to Assistant U.S. Attorney Valeska for his unwavering support and demonstrated commitment on behalf of children, victims and law enforcement.
This award was presented in conjunction with the observance of National Crime Victims’ Rights Week, April 21-27. This year’s theme, “New Challenges. New Solutions,” celebrates the spirit that will advance the progress these heroes achieved. It also captures the spirit and highlights the need for us to assist and serve each and every victim in need of hope and help.
“The U.S. Attorney’s Office is deeply committed to assisting victims of federal crimes, ensuring they are afforded their rights under the Crime Victims’ Rights Act, protecting them from further harm, and helping them reshape their futures,” said U.S. Attorney George Beck, Jr. “This week is a time to raise awareness about the rights and needs of crime victims, the challenges victims face in the recovery process, and the positive impact of those who provide services and support to victims.”
The Crime Victims’ Rights Act (CVRA), enacted in 2004, grants victims in federal criminal proceedings certain enforceable rights, including the right to be reasonably heard at public court proceedings and to receive full and timely restitution as provided by law. The Middle District of Alabama has a dedicated Victim Witness Unit that serves federal crime victims across the District’s 23 counties. Members of this unit notify victims of significant case events through the Department of Justice’s (DOJ) Victim Notification System (VNS). Such notice enables victims to participate in court proceedings and make their voices heard. According to Department of Justice Statistics, in Fiscal Year (FY) 2012, the U.S. Attorneys’ offices provided notice of over 12.2 million case events, including notices regarding criminal charges filed, plea hearings, bond hearings and sentencing hearings.
Notification of significant case events leads to increased victim participation in court proceedings. Court accompaniment helps ensure that victim participation in court proceedings is meaningful as Victim-Witness personnel can answer questions and explain the federal judicial process.
In addition to notification and court accompaniment, the Middle District of Alabama’s Victim Witness Unit provides essential services to victims, such as making referrals for counseling, securing temporary housing, assisting with access to victim compensation funds, and accompanying victims to court to provide support and guidance during the proceedings. These services provide tools victims need to reshape their futures.
Further information about National Crime Victims’ Rights Week is available at ovc.ncjrs.gov/ncvrw.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Antioch Woman Sentenced to 41 Months in Prison for Conspiring to File False Tax ReturnsRead the Press Release
SAN FRANCISCO – Charleszetta Brown, a/k/a Candice Taylor, was sentenced today to 41 months in prison and ordered to pay restitution of $318,000 for conspiring to file false tax returns United States Attorney Melinda Haag and Internal Revenue Service Criminal Investigation (IRS-CI) Special Agent in Charge José M. Martinez announced.
Brown pleaded guilty on December 19, 2012, to conspiring to file false claims in violation of 18 U.S.C. § 286. According to her plea agreement, beginning in June 2008, Brown participated in a scheme to obtain fraudulent tax refunds from the IRS by filing false tax returns. Brown knew the returns were false when she filed them because the individuals whose names appeared on the tax returns did not supply the information used to prepare the returns. Brown admitted that, in many instances the person whose name appeared on the return did not give permission to have the tax return filed at all. In order to carry out the scheme, Brown used her own bank account as well as bank accounts of others involved in the scheme to receive the fraudulent refunds. When the fraudulent tax refund was issued by the IRS, the money would be withdrawn by the account holder who split the proceeds with Brown.
As part of the scheme, Khendria Williams and Sparkle Jernigan supplied names for use in the false filings. The names were sent through text messages to Brown’s phone. In addition, Clexton Ward obtained names to use on the false tax returns as well as names of individuals whose bank account information could be used to receive the false refunds.
On April 17, 2012, Brown, 43, of Antioch, was indictment by a federal grand jury. She was charged with conspiracy to file false claims.
On Aug. 10, 2011, Jernigan, 33, of Pittsburg, Calif., was sentenced to 21 months in prison and ordered to pay restitution in the amount of $31,786.
On Feb. 15, 2012, Williams, 36, of Pittsburg was sentenced to 4 months in prison and 4 months of home confinement, and ordered to pay $17,600 in restitution.
On March 13, 2013, Ward was sentenced to 24 months in prison and ordered to pay $318,000 in restitution.
Assistant U.S. Attorney Thomas Newman and Special Assistant United States Attorney Charles Parker are prosecuting the case. The prosecution is the result of an investigation by the IRS-CI.
Alabama Man Sentenced to Federal Prison for Stolen Identity Refund FraudRead the Press Release
Kenneth Jerome Blackmon Jr., a resident of Montgomery, Ala., was sentenced today to 51 months in prison, the Justice Department and the Internal Revenue Service (IRS) announced.
In January 2013, Blackmon pleaded guilty to aggravated identity theft and access device fraud. According to court documents, Blackmon was involved in a scheme to use stolen identities to file false federal income tax returns with the IRS. He admitted to acquiring names and Social Security numbers, to using that identity information on false tax returns, and to directing fraudulent tax refunds onto debit cards. Blackmon also admitted to possessing at least 15 Social Security numbers for the purpose of obtaining fraudulent tax refunds from the IRS.
In addition to prison time, Blackmon was ordered to pay $197,839 in restitution to the IRS and to serve three years of supervised release following his release from federal custody.
Assistant Attorney General for the Justice Department’s Tax Division Kathryn Keneally and U.S. Attorney for the Middle District of Alabama George L. Beck Jr., commended the efforts of IRS – Criminal Investigation special agents in investigating the case, Tax Division Trial Attorneys Justin Gelfand and Jason Poole in prosecuting the case, and the Alabama Department of Pardons and Paroles and the Gwinnett County, Ala., Sheriff’s Department in Georgia in assisting federal authorities with the investigation.
Alabama Man Sentenced to Federal Prison for Stolen Identity Refund FraudRead the Press Release
Montgomery, Alabama - Kenneth Jerome Blackmon Jr., a resident of Montgomery, Ala., was sentenced today to 51 months in federal prison, announced George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama.
In January 2013, Blackmon pleaded guilty to aggravated identity theft and access device fraud. According to court documents, Blackmon was involved in a scheme to use stolen identities to file false federal income tax returns with the IRS. He admitted to acquiring names and Social Security numbers, to using that identity information on false tax returns, and to directing fraudulent tax refunds onto debit cards. Blackmon also admitted to possessing at least fifteen Social Security numbers for the purpose of obtaining fraudulent tax refunds from the IRS.
In addition to prison time, Blackmon was ordered to pay $197,839 in restitution to the IRS and to serve three years of supervised release following his release from federal custody.
Assistant Attorney General for the Justice Department’s Tax Division Kathryn Keneally and United States Attorney for the Middle District of Alabama George L. Beck, Jr., commended the efforts of IRS – Criminal Investigation special agents in investigating the case, Tax Division Trial Attorneys Justin Gelfand and Jason Poole in prosecuting the case, and the Alabama Department of Pardons and Paroles, the Gwinnett County Sheriff’s Department in Georgia and the United States Marshal Service in assisting federal authorities with the investigation.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-76172013 National Crime Victims’ Rights Week “new Challenges: New Solutions”Read the Press Release
United States Attorney Dana J. Boente announced that in celebration of National Crime Victims’ Rights Week, an information fair will be held at the New Orleans Healing Center on Saturday, April 27, 2013, from 10:00 a.m. to 2:00 p.m. The New Orleans Healing Center is located at 2371 St. Claude Avenue in New Orleans, LA. Federal and local agencies participating in the fair are the United States Attorney’s Office for the Eastern District of Louisiana, along with the Federal Bureau of Investigation, the Drug Enforcement Administration, the U.S. Postal Inspection Service, the Bureau of Alcohol, Tobacco and Firearms, the U.S. Immigration and Customs Service, the New Orleans Police Department, Jefferson Parish District Attorney’s Office, the Orleans Parish Sheriff’s Office, and the Jefferson Parish Sheriff’s Office. Representatives of each agency will be present to provide information about the rights of crime victims and to distribute written information to the public. There is no charge to attend the information fair. Video presentations concerning the theme, “New Challenges: New Solutions,” and an overview of the criminal justice system also will be presented.
National Crime Victims’ Rights Week began on April 21, 2013. It honors victims of crime and celebrates our nation’s progress in advancing their rights. This year’s theme, “New Challenges: New Solutions,” celebrates the vision behind that progress and the goal of providing needed services to all victims of crime. The vision that launched the victims’ rights movement emerged more than 30 years ago. Then, as now, crime victims endured physical and emotional wounds, financial burdens, an often hostile criminal justice system, and an alarming public tendency to blame them for the crimes against them. Often victims were excluded from courtrooms, treated with disrespect by officials, and afforded few rights. Crime victims then began organizing to confront these challenges and to promote fair, compassionate, and respectful responses to victims of crime.
Since the 1980s, the nation has made dramatic progress in securing rights, protections, and services for victims of crime. Every state has enacted victims’ rights laws, and the state constitutions of 32 states have victims’ rights amendments. All states have victim compensation funds, and more than 10,000 victim service agencies have been established throughout the country. The Office for Victims of Crime (OVC), U.S. Department of Justice, supports a range of programs for crime victims, and seeks to extend those services to those who are underserved.
Despite the progress, there still is much to do. Victims’ rights are not universally recognized by law and often the laws recognizing those rights are not enforced vigorously. Only a fraction of victims receive crime victim compensation, which is usually limited to victims of violent crime. Less than 50 percent of crimes are reported, and fewer than 20 percent of victims receive needed services. The victim services system is fragmented and uncoordinated, and agencies are struggling to provide needed services in the face of budget cuts. Still, victim advocates have not lost their resolve and continue to advocate for novel solutions to the challenges of according victims their rights.
2013 Crime Victim's Rights WeekRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, presented the Crystal Kipper & Ali Kemp Memorial Award today to Assistant Jackson County Prosecutor Alison Dunning for her work on behalf of protecting children.
Today’s award ceremony was part of an annual event hosted by the U.S. Attorney’s Office and VictimNet, a coalition of victim service providers and others committed to meeting the needs of crime victims in Jackson County, in conjunction with the observance of National Crime Victims’ Rights Week. This year’s theme, “New Challenges, New Solutions,” celebrates the spirit that will advance the progress these heroes achieved. It also captures the spirit and highlights the need for us to assist and serve each and every victim in need of hope and help.
“I have been a prosecutor the majority of my legal career, and I have seen first-hand the devastating effect crime has on victims and the need to ensure the rights of victims are respected,” Dickinson said. “I applaud those who work every day to ensure that the voice of the victim is heard at every stage in the legal process, in the hospital, in the police station and in the courtroom.
“We can’t turn back the clock to erase the tragedy suffered by victims of crimes,” Dickinson said in presenting the Crystal Kipper & Ali Kemp Memorial Award to Dunning. “What we can do – what we are committed to doing – is to pursue justice on their behalf. This award is intended to be a small reminder of both the value of justice and the pain shared by victims of crime.”
Dunning has devoted most of her 15-year career as a prosecutor to seeking justice on behalf of child victims. Most recently, Dunning was responsible for the successful prosecution of Matthew Nelson, an elementary school teacher in Grain Valley, Mo., who was convicted of 16 felony counts of statutory sodomy and child molestation. On March 13, 2013, Nelson pleaded guilty to all charges involving 11 child victims. He is scheduled to be sentenced on April 25, 2013.
“I know first-hand the difficulty of investigating and prosecuting these types of cases,” Dickinson said. “It takes an enormous amount of courage and dedication to prosecute child victim cases. It is heart-breaking enough to deal with adult victims of crimes, but when it comes to the most vulnerable victims, our children, it becomes even more horrendous.”
The Crystal Kipper & Ali Kemp Memorial Award is presented by the U.S. Attorney’s Office each year during the local observance of National Crime Victims’ Rights Week to recognize the outstanding work of an individual or organization in protecting children from exploitation. The award was presented to Dunning in memory of Crystal Kipper and Ali Kemp, two young women who were both fatal victims of tragic crimes. Anna Rhea, Kipper’s mother, participated in today’s presentation.
“By honoring these two young crime victims whose deaths profoundly touched us all,” Dickinson said, “we pay our respects to all victims of crime, as well as recognizing those who work diligently to prevent and bring justice to those who exploit children.
“Just as the Kipper and Kemp cases highlight the need to protect children from criminals who prowl our highways and neighborhoods,” she added, “Matthew Nelson’s case reminds us that child predators can be anywhere, even in our children’s schools.”
Today’s event at the KC Live Stage in the Power and Light District also featured comments from Jackson County Prosecutor Jean Peters Baker and Nathan Ross, a child abuse survivor and child welfare system advocate.
The event showcased a variety of art created by youth who participate in the MyARTS program, which serves at-risk teens. The event also included a showcase of various local victim service providers and a victims’ memorial walk led by the Kansas City Mounted Patrol.
The Crime Victims’ Rights Act (CVRA), enacted in 2004, grants victims in federal criminal proceedings certain enforceable rights, including the right to be reasonably heard at public court proceedings and to receive full and timely restitution as provided by law. The U.S. Attorney’s Office has a dedicated Victim/Witness Unit that serves federal crime victims across the district’s 66 counties. Members of this unit notify victims of significant case events through the Department of Justice’s Victim Notification System (VNS). Such notice enables victims to participate in court proceedings and make their voices heard. Victim/Witness personnel accompany victims to court hearings and trials to ensure that victim participation in court proceedings is meaningful and to answer questions and explain the federal judicial process.
In addition to notification and court accompaniment, the U.S. Attorney’s Office Victim/Witness Unit provides essential services to victims, such as making referrals for counseling, securing temporary housing, assisting with access to victim compensation funds, and accompanying victims to court to provide support and guidance during the proceedings. These services provide tools victims need to reshape their futures.
Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/.
The Crystal Kipper & Ali Kemp Memorial Award
Crystal Kipper was an 18-year-old Gladstone, Mo., resident who was murdered after her car broke down on Interstate 29, just north of Platte City, on Feb. 24, 1997. Ali Kemp was a 19-year-old Blue Valley North High School graduate who was murdered on June 18, 2002, while she worked at the Foxborough neighborhood swimming pool in Leawood, Kan.
Tuesday 23 April 2013
Wood Co. Felon Pleads Guilty to Illegal Firearm PossessionRead the Press Release
Shaun Linko opened fire at a Lynn Street residence in Parkersburg
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Wood County man who opened fire at a Parkersburg residence in September 2012 pleaded guilty in court to a federal firearm violation. Shaun Michael Linko, 25, of Parkersburg, W.Va., pleaded guilty to being a felon in possession of a firearm.
On September 19, 2012, police in Parkersburg responded to a report of shots fired in the vicinity of 1122 Lynn Street. Upon their arrival, officers with the Parkersburg Police Department observed a large quantity of spent shell casings from a semi-automatic rifle in the street, along with apparent bullet holes in the exterior of the residence at 1122 Lynn Street. A short time later, Wood County deputy sheriffs observed a vehicle at the 7th Street Park and Ride, which is located a short distance from Lynn Street. As deputies approached the vehicle, they observed an ammunition box on the ground beside the driver’s side door. Police officers ordered the driver, Shaun Michael Linko, and a female passenger to exit the vehicle. Both individuals informed police that they were on Lynn Street earlier that same day.
Linko, who was arrested, told police he shot at the 1122 Lynn Street residence using his rifle. Officers recovered an assault rifle and loose ammunition from the defendant’s vehicle.
Linko was previously convicted in March 2010 in the Circuit Court of Wood County, West Virginia of conspiracy to deliver a controlled substance. The defendant did not have his rights to possess a firearm restored.
Linko faces up to 10 years in prison and a $250,000 fine when he is sentenced on August 27, 2013 by United States District Judge Thomas E. Johnston.
The investigation was conducted by the Parkersburg Police Department, the Wood County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Joshua Hanks is in charge of the prosecution.
This case is also being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Wichita Tax Preparer Convicted of Filing False ReturnsRead the Press Release
WICHITA, KAN. – A Wichita tax preparer has been convicted on charges of filing false federal income tax returns, U.S. Attorney Barry Grissom said today.
Lata L. Tomlinson, 33, Wichita, Kan., was convicted on 19 counts of preparing false income tax returns for a total of 17 people during tax years 2007, 2008 and 2009.During trial, prosecutors presented evidence that Tomlinson had a college degree in accounting and worked for various tax preparation companies before starting her own business in 2006 called Talking Taxes And More.
In tax returns she prepared, she falsely stated deductions for depreciation, home improvements, business repairs, contract labor, legal fees, home repairs, medical expenses, advertising, insurance, car and truck expenses, hay and grain expenses, cell phones and care of dependents.
Sentencing is set for July 8. She faces a maximum penalty of three years in federal prison and a fine up to $100,000 on each count. Grissom commended the IRS - Criminal Investigation, Assistant U.S. Attorney Matt Treaster and Assistant U.S. Attorney Jason Hart for their work on the case.
Wheeling Man Sentenced for Illegal Possession of FirearmRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
Defendant fired shot after fight in Downtown Wheeling
WHEELING, WEST VIRGINIA – A 33-year old Wheeling man was sentenced this week in United States District Court for possession of a handgun that he fired at another man following a fist fight last year.
U.S. Attorney William Ihlenfeld, II, announced that CORDALE A. WILLIAMS received a 65-month prison term as a result of his conviction for “Felon in Possession of a Firearm.” According to testimony offered in court, Wheeling Police officers responded to a gunshot being fired after midnight on June 22, 2012, outside of the 7-11 store on Market Street and upon arrival learned that WILLIAMS had been in a fight with another man over a woman. D uring the fight WILLIAMS pulled a gun out and fired it at the person with whom he was fighting. WILLIAMS then chased after the man before coming came back to the 7-11 and dropping the firearm on the ground. Much of the incident was captured by a surveillance camera that was located in the area.
WILLIAMS has a prior federal felony conviction for “Distribution of Crack Cocaine within 1,000 feet of a School”, and was on supervised release at the time of the shooting incident. For violating the terms of his release WILLIAMS was given 24 months but that sentence that was ordered to run at the same time as the 65-month term.
WILLIAMS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by U.S. Attorney Ihlenfeld and Assistant U.S. Attorney Jarod J. Douglas. It was investigated by the Wheeling Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Western District of Louisiana U.S. Attorney Speaks at Local CollegeRead the Press Release
Lafayette/Alexandria/Lake Charles, La.: United States Attorney Stephanie A. Finley recently visited local colleges within the Western District of Louisiana. On April 9, 2013, U.S. Attorney Finley spoke to the Criminal Justice Society at the University of Louisiana at Lafayette, the Louisiana College Criminal Law Class on April 16, 2013, and the Juvenile Delinquency Class at McNeese State University on April 18, 2013.
Finley spoke to the students about her job as the chief law enforcement officer for 42 of the 64 parishes in the state of Louisiana and explained the daily work that she and her staff undertake in overseeing the investigation and litigation of all criminal and civil cases brought on behalf of the United States. U.S. Attorney Finley discussed with the students what is involved in prosecuting criminal activity to include terrorism, public corruption, complex white collar crime, investment schemes, organized crime and gang activities, civil rights, internet-related crimes, drug trafficking, firearms violations, violent crimes, environmental crimes, tax evasion, illegal immigration and alien smuggling and representing the United States in civil actions.
During her visits, the Louisiana educated U.S. Attorney encouraged students to reach for the stars, but also cautioned them about the pitfalls that prevent young people from reaching their goals, to include social media and allowing others to negatively influence their lives. Finley told the students that hard work and good grades are the best preparation for success, and she reminded them that they are the future of our nation.“I am honored to be invited by the faculty of these universities to speak to their students,” Finley said. “I have been extremely blessed. My life has been filled with great teachers, mentors, and wonderful parents. Now, I’ve got to pay it forward because the future leaders of our country are in those classrooms. Some of these kids just need a nudge; they just need some encouragement to know that the achievement of their dreams can happen. This is just a little something that I can do to assist in that process.”
For more information on the Western District of Louisiana U.S. Attorney’s Office, please visit www.justice.gov/usao-wdla.
Wadih El Hage Resentenced to Life in Prison for His Role in the 1998 Bombings of the American Embassies in Kenya and TanzaniaRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that WADIH EL HAGE, a United States citizen, was resentenced today in Manhattan federal court to life in prison for his participation in al Qaeda conspiracies to murder U.S. nationals and government employees that culminated in the 1998 bombings of the U.S. Embassies in Kenya and Tanzania, and for lying to the grand jury and to federal agents about his association with al Qaeda before and after the bombings took place. EL HAGE, 52, was convicted of conspiracies to kill U.S. nationals; to murder U.S. government employees and internationally protected persons; and to destroy buildings and property of the United States on May 29, 2001, following a six-month trial before U.S. District Judge Leonard B. Sand. The jury also convicted EL HAGE of multiple counts of perjury for lying to the grand jury about his knowledge of, and association with, al Qaeda and its leaders and members, and three counts of making false statements to FBI agents regarding the same. On October 18, 2001, Judge Sand, sentenced EL HAGE to life imprisonment.
On appeal, the Second Circuit upheld the conviction and remanded for resentencing in light of the Supreme Court’s decision in United States v. Booker, concerning the federal sentencing guidelines. EL HAGE was resentenced today by U.S. District Judge Lewis A. Kaplan.
Manhattan U.S. Attorney Preet Bharara stated: “Today’s resentencing confirms the outcome this Office worked to ensure: that Wadih El Hage will spend the rest of his life in prison for his involvement in an international conspiracy to murder Americans which spawned the 1998 bombings that killed 224 innocent people.”
According to evidence presented at trial and documents previously filed in Manhattan federal court:
EL HAGE was a high-ranking associate of Usama Bin Laden who performed key functions for al Qaeda to advance the organization's terrorist goals, including facilitating the bombing of the U.S. Embassies in Kenya and Tanzania, killing 224 people. Among other things, El HAGE disbursed the al Qaeda payroll, procured equipment for the organization, and operated al Qaeda businesses, which provided cover for operatives and generated cash for the organization. He also provided false identification documents to the group so that operatives could travel undetected and participated in secret meetings with al Qaeda leaders, after which he carried messages from Bin Laden to other members of the organization. In his capacity as one of the leaders of al Qaeda's East Africa cell, EL HAGE conveyed Bin Laden’s order that the cell – which played a key role in the 1998 Embassy Bombings – prepare for military action. Both before and after the bombings took place, EL HAGE obstructed the investigation into al Qaeda by repeatedly lying to a federal grand jury in the Southern District of New York concerning his knowledge of and involvement in al Qaeda.
Mr. Bharara praised the investigative efforts of the Federal Bureau of Investigation, the U.S. Department of Justice’s National Security Division, the Tanzanian National Police, and the Kenyan National Police.
This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Sean S. Buckley and Aimee Hector are in charge of the prosecution.
Vermilion Man Charged for Financial Schemes That Resulted in Nearly 100 Clients Losing $4.4 MillionRead the Press Release
A Vermilion man was charged with financial crimes that resulted in nearly 100 clients losing more than $4.4 million over a decade, law enforcement officials said today.
Richard A. Zakarian, age 47, is charged with two counts each of wire fraud and mail fraud and one count of making and subscribing false income tax returns. Zakarian was a certified financial planner and a self-employed tax preparer who owned and operated several business ventures.
The five-count information details two schemes by Zakarian – one to defraud investment clients (many of whom were also clients of his tax-preparation business), another to defraud clients whose payroll taxes he handled through a company known as Ben Franklin Payroll Service.
Many of the payroll tax victims were churches, charities and other non-profit organizations that Zakarian lured as clients through purported grants from charity he claimed to operate. The information further details Zakarian’s falsification of his tax returns to conceal his fraudulently generated income from the investment scheme.
“This defendant is accused of taking advantage of trust of dozens of clients, which ranged from homeless shelters and nursery schools to retirees and those with disabilities,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “The conduct laid out here is as outrageous as it is predatory.”
Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigations’ Cleveland Office, said: “Zakarian orchestrated multiple financial schemes that all had one common thread, monetary benefit to him. Authorities will continue to bring those to justice that choose to unlawfully violate the trust of their clients.”
“Investment fraud schemes are often described as a house of cards. The underlying structure can fall apart at any time and expose the individuals responsible," said Kathy A. Enstrom, Acting Special Agent in Charge, IRS, Criminal Investigation, Cincinnati Field Office. “Investment schemes that seem too good to be true should be a signal to investors to stay clear.”
The information filed in U.S. District Court details the following schemes:
THE INVESTMENT SCHEME
From September 2002 through August 2012, Zakarian devised a scheme to defraud investment clients by inducing them to invest their retirement funds, and occasionally other savings, through him as their account representative through false and fraudulent misrepresentations. He primarily targeted clients from his tax-preparation business when they received their tax refunds or sought his financial advice.
Zakarian misled clients to believe their funds would be placed in safe, guaranteed-return investments when, in fact, he diverted the funds to pay personal and business expenses and invested in risky investments for which he had a consistent history of incurring large losses.
Zakarian recruited 25 investment clients, often targeting tax preparation clients who he knew to have available funds and to be susceptible to his pitch through their prior relationship of trust in him.
hile some received a return on part or all of their investment, 23 clients incurred combined out-of-pocket losses of more than $1 million. In addition, the clients did not receive hundreds of thousands of dollars of gains on their investments that Zakarian falsely reported to them during the scheme.
A number of clients were retired, out of work, or nearing retirement. Most invested through Zakarian by moving their money from in traditional, relatively safe and dependable stocks, bonds and mutual funds.
In one case, Zakarian convinced a recently retired client to pay an early-withdrawal penalty to move money from a certificate of deposit purchased upon retirement. He induced another client to redeem a life insurance annuity to generate investment funds and talked her out of using the money to pay off her home mortgage or car loans.Until mid-2009, Zakarian obtained use of clients funds primarily by having them place their investments with companies offering self-directed IRA services, and then having those companies transfer the funds to Zakarian as investments in promissory notes he issued. Zakarian initially issued the notes personally, as Zakarian Tax Consultants, but later issued them through a shell real estate company, Viewcrest Properties. Zakarian touted the IRA companies to his clients and misled many clients into believing that they were investing in those companies or that the use of the companies would assure the safety of their investments. Due to Zakarian’s misrepresentations, many clients did not realize their investments involved promissory notes.
THE PAYROLL TAX SCHEME
Zakarian began his separate payroll tax scheme in 2010 that continued through August 2012.
He induced clients to retain Ben Franklin Payroll Service, which he owned and operated, leading them to believe the company would and did file the client’s required employment tax returns and reports and pay the clients’ federal, state and local tax obligations.The funds should have been forwarded to various taxing authorities to pay the income taxes of his clients’ employees. In reality, he failed to file many of the returns and diverted substantial portions of the clients’ funds to pay his own personal and business expenses and invest in highly-leveraged, risky investments with a consistent history of sustaining large losses.
Zakarian attempted to solicit for-profit clients by offering services well below market rates and below his own operating costs, such as a rate of $1 per employee per pay period. Later in 2010, after this failed to generate as many clients as he envisioned, Zakarian developed a new plan to solicit churches, charities and other non-profits through a purported “grant” program. These organizations were targeted as they typically had tight budgets sensitive to payroll costs. Zakarian’s primary objective was to gain access to their operating accounts.
Zakarian began marketing Ben Franklin Payroll Service as being affiliated with Zakarian Charities and the Benjamin Franklin Foundation, organizations established “as an effort to give back to the community.” He offered payroll grants from the Benjamin Franklin Foundation to non-profit organizations to cover two years of free payroll service through Ben Franklin Payroll Service.
To make the grant process appear legitimate, the application required the applicant to submit a one- or two-page narrative history and mission statement, a copy of the IRS tax-exempt determination letter, a list of the Board of Directors, an IRS Form 990 and an annual report, if available. About two weeks after receiving the client’s application, Zakarian sent a congratulatory letter, announcing that the Benjamin Franklin Foundation had awarded a two-year renewable grant.
Rather than forwarding the monies withdrawn to from his clients’ accounts directly to taxing authorities, Zakarian instructed his employees to transfer the tax funds to a Ben Franklin Payroll Service operating account. Clients were sent false quarterly employment tax returns and payroll summaries, giving the false impression that their payroll taxes were being properly handled.
In total, Ben Franklin had at least 72 clients who incurred combined losses of more than $3.4 milllion from Zakarian’s fraudulent diversion of their employment tax funds entrusted to his company. Just over half of the losses were incurred by at least 29 non-profit organizations, with the rest being incurred by at least 43 businesses.
Zakarian also filed false federal income returns for the years 2006 through 2009, failing to report the income he received from the investment scheme. He filed the 2006 through 2008 returns deliquently in December 2009 after the Ohio Division of Securities requested copies. On the 2006 and 2007 returns, Zakarian also falsely claimed substantial losses on the investments he made with the fraudulently obtained client funds, and used those losses to offset other income he earned those years.
If convicted, the defendant’s sentences will be determined by the court after review of the federal sentencing guidelines and factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violations.
This case is being prosecuted by Assistant U.S. Attorneys Robert J. Patton and John M. Siegel, following an investigation by the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, the Lorain Police Department, and the Lorain County Prosecutor’s Office. The investigators also received assistance from the Ohio Department of Commerce, Division of Securities.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
U.S. Attorney Speaks to American Legion Vermilion Post 29 VeteransRead the Press Release
LAFAYETTE, La.: United States Attorney Stephanie A. Finley was the guest speaker at a special event on April 17, 2013, hosted by the American Legion Vermilion Post 29. The American Legion Vermilion Post 29 held the event to honor women veterans.
During the night’s event, Comrade Jeffery Cessac was presented with the Blue Cap Award by Post 29 Commander Willie Hymel. The Legionnaire Blue Cap Award is a prestigious achievement presented to members with years of service in the Legion. The honor recognizes those who exemplify a lifetime of dedication, leadership, and servitude. Comrade Cessac served in the United States Navy from 1963-1967 during the Vietnam War. He is also a member of the Lions Club, Woodmen of the World and Knights of Columbus.
United States Attorney Finley thanked the veterans for their service and shared how much her career as both the U.S. Attorney and as an officer in the U.S. Air Force had been shaped by the military. Finley reminded those in attendance that they must continue to share their stories of service because they are examples and mentors for future generations. She applauded Post 29 for the work that they are doing to include more women and younger veterans. Among the veterans present were two female veterans who served in Vietnam and during Iraqi Freedom.
“As an officer in the United States Air Force, I am very aware of how lucky we are to have the veterans in our communities and am passionate about recognizing their service,” Finley said. “We owe a debt of gratitude to all of the men and women who serve and have served our nation and safeguarded our freedoms.”
This event is the first of its kind for Post 29, but Commander Willie Hymel and Thomas Thompson, the Judge Advocate for Vermilion Post 29 and a former Assistant United States Attorney, hopes it will not be the last. Commander Willie Hymel served in the United States Marine Corps from 1961-1966 and the U.S. Army Reserves from 1973-2003. Judge Advocate Thomas Thompson served in the U.S. Marine Corps from 1969-1975.
The American Legion is the nation's largest wartime veterans' service organization with a membership of 2.4 million men and women. All veterans of honorable service during a wartime period, and those currently serving on active duty, are eligible to join the American Legion. Congress chartered the American Legion in 1919 as a veterans service organization. The Legion’s primary goal is to protect veteran’s benefits. The American Legion continues to fight for a variety of veteran causes, to include a strong veterans health care system and a strong quality of life for U.S. military members and their families, and although it has an international presence, the Legion is very much a community-based service organization. Among the programs conducted regularly are community Veterans Day and Memorial Day observations, Blue Star Salutes honoring local military families and supportive businesses, American Legion Baseball, Junior Shooting Sports, a High School Oratorical Contest and American Legion Boys State and Nation. The American Legion is one of the nation's largest supporters of Scouting and the largest single donor organization of blood to the American Red Cross. Members of local American Legion posts provide volunteer funeral details to render military honors for fallen comrades. It’s Child Welfare Foundation donates over a quarter of a million dollars each year to worthy children and youth programs and the Legion's National Emergency Fund provides immediate financial assistance to fellow Legionnaires and their families displaced by natural disasters. Legionnaires record over a million volunteer-hours annually in VA medical facilities throughout the nation and they reinvest millions of dollars back into local communities through cash donations.If you are interested in joining a local American Legion Post or are interested in other veterans issues, you can find information on the American Legion website at www.legion.org to locate a Post nearest to you. The American Legion Vermilion Post 29 is located in Abbeville, La., and can be reached at (337) 893-5366 or through their website at www.vermilionpost29.com.
Todd County Man Charged with Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Todd County man has been indicted by a federal grand jury.
Andre DeShazier, a/k/a Andre DaShazier, age 55, was indicted by a federal grand jury on April 12, 2013 for Assault by Striking, Beating and Wounding.
DeShazier appeared before U.S. Magistrate Judge Mark A. Moreno on April 19, 2013 and pled not guilty to the Indictment. The maximum penalty upon conviction is 1 year of imprisonment, a $100,000 fine; 1 year of supervised release and an additional year of supervised release upon revocation. Restitution and a $25 special assessment may also be ordered.
The charge is merely an accusations, and DeShazier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement, U.S. Marshal’s Service and the Federal Bureau of Investigation. Assistant U.S. Attorney Timothy Maher is prosecuting the case.
DeShazier was remanded to the custody of the U.S. Marshal Service. A trial date has not been set.
Texas Doctor Indicted for Health Care Fraud ViolationsRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A Dallas County, Texas, physician has been arrested and charged with health care fraud violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Tariq Mahmood, 61, of Cedar Hill, Texas, was indicted by a federal grand jury on April 11, 2013, and charged with conspiracy to commit health care fraud and seven counts of health care fraud. Mahmood went before U.S. Magistrate Judge John D. Love today for an initial appearance.
According to the indictment, Mahmood, a general practitioner, owned and operated several hospitals in the state of Texas, including Cozby Germany Hospital in Grand Saline, Renaissance Terrell Hospital in Terrell, Central Texas Hospital in Cameron, Community General Hospital in Dilley, and Shelby Regional Medical Center in Center. From April 2010 to April 2013, Mahmood and others are alleged to have carried out a scheme to defraud Medicare and Medicaid through the submission of false and fraudulent claims. Mahmood and others added, changed, deleted, and incorrectly sequenced diagnostic codes in a way that did not reflect the actual diagnoses and conditions of the patients. They submitted false and fraudulent claims to Medicare and Medicaid based on the added, changed, deleted, and incorrectly sequenced diagnostic codes. By means of fraudulent billing practices, the defendant and his co-conspirators are alleged to have unlawfully submitted false claims of more than $1.1 million and obtained more than $375,000.
If convicted, Mahmood faces up to 10 years in federal prison for each charge.The investigation leading to the charges was conducted by agents from the Texas Office of the Attorney General – Medicaid Fraud Control Unit (OAG-MFCU), the Federal Bureau of Investigation (FBI), the U.S. Department of Health and Human Services – Office of the Inspector General (HHS-OIG), and the U.S. Postal Inspection Service (USPIS). Assistant U.S. Attorney Nathaniel C. Kummerfeld is prosecuting this case.
Any individuals with knowledge of these or other health care fraud violations are encouraged to contact the Department of Health and Human Services’ fraud hotline at 1-800-HHS-TIPS (447-8477)
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Tax Preparer Sentenced to Federal Prison for Preparing False Federal Income Tax ReturnRead the Press Release
ALBUQUERQUE – Frances Rivas, 42, formerly of Albuquerque but currently a resident of Amarillo, Texas, was sentenced this morning to 18 months in federal prison followed by a year of supervised release for her conviction for preparing a false federal income tax return. Rivas also was ordered to pay $98,296.00 in restitution to the IRS and the other victims of her criminal conduct. Rivas’ sentence was announced by U.S. Attorney Kenneth J. Gonzales and Gabriel L. Grchan, Acting Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Rivas pled guilty in Nov. 2012 to Count 16 of a 25-count indictment alleging that she prepared and presented false federal income tax returns. In entering her guilty plea, Rivas admitted that between Jan. 2008 and April 2011, she willfully prepared and presented to the IRS federal tax returns that she knew to be materially false and fraudulent. Rivas further admitted that she altered the tax return information provided by her clients by altering the clients’ filing status, number of defendants, exemptions or W-2 wage information to increase the federal tax refund generated by the return. Rivas unlawfully caused at least $98,396.00 in tax harm as a result of her fraudulent activity.
Rivas was ordered to surrender to a federal correctional institution to be designated by the U.S. Bureau of Prison within 60 days to begin serving her prison sentence.
The case was investigated by the IRS Criminal Investigation, and was prosecuted by Assistant U.S. Attorney Jeremy Pena.
Spencer Valley, N.M., Woman Sentenced to 25 Years in Federal Prison for Voluntary Manslaughter Conviction - Defendant Killed a 4-Year-Old Boy in the Heat of Passion and Hid His Body in an Ice ChestRead the Press Release
ALBUQUERQUE – Evelyne James, 53, an enrolled member of the Navajo Nation from Spencer Valley, N.M., was sentenced earlier today to 25 years in federal prison followed by three years of supervised release for her voluntary manslaughter conviction. James also was ordered to pay approximately $3000.00 in restitution. James’ sentencing was announced by U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and John Billison, Director of the Navajo Nation Division of Public Safety.
James has been in federal custody since her arrest in Oct. 2007, on a criminal complaint charging her with murder. She subsequently was indicted on a first degree murder charge in a superseding indictment filed in Oct. 2008. In May 2012, James pleaded guilty to a felony information charging her with voluntary manslaughter and admitted killing a 4-year-old boy in Oct. 2007. At the time, James and her common law husband were acting as guardians of the child victim, who was James' nephew. The prosecution of the case was delayed by mental competency proceedings.
According to court filings, the FBI and Navajo Nation Division of Public Safety initiated an investigation into this case on Oct. 10, 2007, after receiving a report that the body of a young boy had been found. The boy’s body had been placed in an ice chest that was wrapped in a plastic bag and hidden in a structure located next to James' residence in Spencer Valley, which is located within the Navajo Indian Reservation. The investigation revealed that James killed the child victim on or about Oct. 4, 2007, by repeatedly kicking and hitting the child victim. The next morning, when James observed that the child victim was cold and not moving, she put his body in the ice chest and hid the ice chest in the structure. James then told family members that the child victim was with his aunt.
During a consensual search of James’ residence, officers found four letters in which James admitted that she had been abusing the child victim and “over did it,” and then tried to cover up his death because she did not want to go to prison. James later explained to the officers that she acted out of frustration because the child was not potty trained. An autopsy revealed that, among other injuries, the child victim had multiple lacerations to the scalp with underlying new and old skull fractures, new and old rib fractures, and an old hematoma.
Under the terms of the plea agreement, the first degree murder charge was dismissed after sentence was imposed on James.
The case was investigated by the Farmington office of the FBI and Crownpoint Division of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.South Charleston Man Sentenced to More Than 2 Years in Federal Prison for Selling Prescription PainkillersRead the Press Release
Detectives found a loaded .38 caliber pistol hidden in toddler’s bed at the defendant’s home
CHARLESTON, W.Va. – A 40-year-old man who possessed thousands of dollars in cash, hundreds of powerful prescription painkillers, and a loaded firearm inside a toddler’s bed at his South Charleston residence was sentenced today to 27 months in federal prison, announced U.S. Attorney Booth Goodwin. Thomas Henry Banks, Jr., also known as “Fat Cat,” 40, of South Charleston, W.Va., previously pleaded guilty in June 2012 to possession with intent to distribute oxymorphone hydrochloride, also known as “Opana,” and oxycodone, also known as “Roxicodone”. Law enforcement agents from the Metro Drug Enforcement Network Team (MDENT) received a tip that the defendant possessed illegal prescription painkillers and went to his South Charleston home to investigate. At the residence, law enforcement officers found a fully loaded .38 caliber pistol hidden in a toddler’s bed, as well as 165 40-milligram Opana pills and 81 30-milligram oxycodone pills in the defendant’s bedroom.
The $2,851 in cash seized from the defendant’s bedroom was proceeds from illegal drug transactions.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Assistant United States Attorney Monica D. Coleman handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by various federal, state and local law enforcement agencies, remain committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets and curtailing the spread of opiate painkillers in communities across the Southern District.
Sixteen People Arrested on Federal Indictment Involving Multi-State Car Theft ConspiracyRead the Press Release
St. Louis, MO - Sixteen people have been arrested on a federal indictment charging twenty-one defendants involved in a multi-state car theft conspiracy. The conspiracy is alleged to have utilized several different schemes to steal and misappropriate vehicles, commit bank fraud in order to obtain vehicles and obtain insurance proceeds by staging accidents and filing false theft reports.
The indictment alleges that the defendants stole luxury automobiles, sports utility vehicles and pickup trucks from individuals and automobile dealerships in the Eastern District of Missouri, Iowa, Illinois and Indiana, which they transported to the Eastern District of Missouri. They disabled any tracking systems, like Onstar, on the stolen vehicles so that they couldn't be traced by law enforcement.
In addition, it is charged that the defendants themselves, or “straw” purchasers, made false statements on loan applications and submitted fraudulent earnings statements in support to obtain loans to purchase typically high-end vehicles. The defendants used and then sold or disposed of the vehicles, while the loan defaulted, either immediately or after a short payment history. According to the indictment, the defendants also practiced fraud related to the titling of vehicles, obtaining by false statements apparently legitimate ownership to vehicles they had stolen from individuals. On many occasions, the defendants falsely claimed to have done repair work which wasn’t actually performed on vehicles submitted to their businesses, inducing lien holders to pay the defendants money to avoid the issuance of a mechanics lien. Over 100 vehicles have been fully identified as being involved in the criminal activity, although investigators believe many more were actually involved.
Arrested today:- SHAHADU SUTTON, St. Louis, MO
- TIFFANY SUTTON, St. Louis, MO
- ORLANDO PRESTON, St. Louis, MO
- WILLIAM SMITH, Highland, KS
- ROBERT REECE, St. Louis, MO
- JOHN HICKS, St. Louis, MO
- REGINALD DAVIS, Florissant, MO
- STEVEN PIRTLE, St. Louis, MO
- SHELDON MITCHELL, Ballwin, MO
- CHESTER WILSON, St. Louis, MO
- ARVIS DUNBAR, St. Louis, MO
- EUGENE DUNBAR, St. Louis, MO
- MICHAEL SMITH, Florissant, MO
- TERRELLE MARION, Florissant, MO
- JERMAINE GAMBLE, Custody
- JOSEPH PEARSON, St. Louis area
Charges include conspiracy, bank fraud, mail fraud and receipt of stolen motor vehicle. If convicted, these charges carry penalties ranging from 5 to 30 years in prison and/or fines up to $1,000,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Federal Bureau of Investigation, United States Postal Inspection Service, St. Louis Metropolitan Police Department, St. Louis County Police Department, Missouri State Highway Patrol, Maplewood Police Department, Missouri Department of Revenue and other municipal police departments, with assistance from the National Insurance Crime Bureau. Assistant United States Attorneys John Ware and Stephen Casey are handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Sexual Predator Sentenced to Life ImprisonmentRead the Press Release
PHOENIX, Ariz. – On April 22, 2013, Jefferson Gatewood, 44, of Carrizo, Ariz., and a member of the White Mountain Apache Tribe, was sentenced by U.S. District Judges James A. Teilborg to 14 consecutive terms of life imprisonment. Gatewood was convicted at trial by jury on Nov. 20, 2012, of 23 counts of aggravated sexual abuse and related charges, mostly involving minors, on the Fort Apache Indian Reservation
Gatewood was previously convicted of assault with intent to commit rape in an Arizona U.S. District Court in 1987, after he and two codefendants gang-raped a 19-year-old girl at knifepoint.
At trial, 15 victims testified that Gatewood had sexually abused them, and physically abused some of them as well. At the time they were abused, the victims ranged in age from 5 years old to their early 20s. Gatewood’s abuses began nearly 30 years ago, when he was still a teenager, and continued on a regular basis until 2010 when this investigation was initiated.
The indictment charged Gatewood with sexually abusing nine young girls and teens dating back to 1992. Other sexual assaults were either barred by the statute of limitations or took place off of the reservation and out of the jurisdiction of the federal court. Nonetheless, the victims of the uncharged assaults were allowed to testify at trial regarding their victimization pursuant to the Federal Rules of Evidence.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs. The prosecution was handled by Dimitra H. Sampson and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-11-8074-PCT-JAT
RELEASE NUMBER: 2013-034_GatewoodFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Salinas Resident Pleads Guilty to Tax FraudRead the Press Release
SAN JOSE – Richard Anello pleaded guilty yesterday to filing a false income tax return, United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Jose M. Martinez, announced.
According to his plea agreement, Anello was a fifty percent owner of Marco Warehouse Corp. Marco Warehouse Corp. operated under the trade names Salinas Valley Public Warehouse and Monterey Wine Warehouse. Anello was in charge of the daily operations, and at various times held the title of secretary or president of Marco Warehouse Corp. Anello was also a twenty-five percent owner and president of Adonis Transport Inc.
During 2006, as president of Marco Warehouse Corp., Anello wrote, or caused to be written, checks payable to a Salinas bodega, drawn on Marco Warehouse Corp.’s business bank account at Bank of America. Anello, or individuals at his direction, went to the bodega and cashed these checks and additional checks made payable to “Cash.” Anello then directed that these checks be falsely categorized on Marco Warehouse Corp.’s business records as fuel expenses. The bodega does not sell fuel and Anello knew and understood that the cash obtained from the bodega in this manner was not used to purchase fuel. Some of the cash obtained in this manner was used to purchase legitimate business goods. However, a significant amount of the cash obtained was used for personal expenditures. As a result, the 2006 U.S. Income Tax Return for Marco Warehouse Corp. was false because it claimed fuel deductions that included $944,000 that was obtained by cashing checks at the bodega.During 2005 and 2007, Anello also cashed a substantial number of checks payable to the bodega or “Cash”, and falsely categorized these checks on Marco Warehouse Corp.’s business records as fuel expenses in the amount of $340,600 in 2005, and $885,800 in 2007.
In addition, Anello cashed a substantial number of checks at the Salinas bodega, drawn on Adonis Transport Inc.’s business bank account, payable to the bodega or “Cash”. These checks were then falsely categorized on Adonis Transport Inc.’s business records as fuel expense. Anello obtained the following amounts of cash in this manner from Adonis Transport Inc.’s business bank account: $815,000 in 2005; $736,800 in 2006; and $409,000 in 2007.
Anello, 61, of Salinas, California was charged on March 21, 2013 with one count of filing a false tax return, in violation of 26 U.S.C. § 7206(1). He pleaded guilty to the one count. The maximum statutory penalty for filing a false tax return in violation of Title 26, U.S.C § 7206(1) is three years in prison and a fine of $250,000. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Matthew Kluge, Trial Attorney, U.S. Department of Justice, Tax Division, and Thomas Moore, Assistant U.S. Attorney, are the attorneys who are prosecuting this case. The prosecution is the result of an investigation by the IRS, Criminal Investigation.
Rosebud Woman Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Toni Good Shield, a/k/a Toni Little Thunder, age 29, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 16, 2013 and pled guilty to Assault Resulting in Substantial Bodily Injury.
The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on February 7, 2013 when Good Shield kicked the victim causing a fracture to her left leg and a bloody nose.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered and a sentencing date was set for July 8, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rosebud Woman Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Toni Good Shield, a/k/a Toni Little Thunder, age 29, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 16, 2013 and pled guilty to Assault Resulting in Substantial Bodily Injury.
The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on February 7, 2013 when Good Shield kicked the victim causing a fracture to her left leg and a bloody nose.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered and a sentencing date was set for July 8, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rosebud Man Indicted for Maiming and AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury.
Kenneth Black Wolf, age 24, was indicted by a federal grand jury on April 12, 2013 for Maiming, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Black Wolf appeared before U.S. Magistrate Judge Mark A. Moreno on April 19, 2013 and pled not guilty to the Indictment. The maximum penalty upon conviction is 20 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.
The charges are merely accusations, and Black Wolf is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Black Wolf was remanded to the custody of the U.S. Marshal Service. A trial date has not been set.
Rosebud Man Charged with Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury.
Ricky Eagle Elk, age 43, was indicted by a federal grand jury on April 12, 2013 for Sexual Abuse.
Eagle Elk appeared before U.S. Magistrate Judge Mark A. Moreno on April 19, 2013 and pled not guilty to the Indictment. The maximum penalty upon conviction is life in prison, a $250,000 fine, or both; a mandatory minimum term of 5 years up to life of supervised release and an additional minimum term of 5 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.
The charge is merely an accusation, and Eagle Elk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Eagle Elk was remanded to the custody of the U.S. Marshal Service. A trial date has not been set.
Rochester Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Frederick Young, 46, of Rochester, N.Y., who was convicted of failing to register as a sex offender, was sentenced to 24 months in prison and five years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that Young left the Rochester area sometime after August 2010 to live in the State of Florida. Between November 2010 and November 2011, the defendant knowingly failed to register as a sex offender in Florida. Young also failed to update his registration status in the State of New York.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentence was the culmination of an investigation on the part of the United States Marshals Service under the direction of United States Marshal Charles Salina.Rapid City Man Pleads Guilty to Failure to RegisterRead the Press Release
United States Attorney Brendan V. Johnson announced that Wilbur Flute, age 39, of Rapid City, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on April 12, 2013 and pled guilty to Failure to Register. The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
Flute failed to update his sexual offender registration as required from November 28, 2012, to February 27, 2013.
The investigation was conducted by the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Port St. Lucie Woman Sentenced for Preparing False Income Tax ReturnsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), announced the sentencing of defendant Latonia Lermot, of Port St. Lucie, Florida. Defendant Lermot was sentenced to 24 months in prison, to be followed by one year of supervised release. Defendant Lermot was also ordered to pay $42,629 to the United States as restitution. Lermot previously pled guilty to one count of aiding in the filing of false tax returns in violation of Title 26, United States Code, Section 7206(2).
According to court documents, Lermot was a tax preparer for J&BL Tax Services located in Fort Pierce, Florida. During 2010 and 2011, for the 2009 and 2010 tax years, respectively, Lermot prepared at least 30 fraudulent Forms 1040, United States Individual Income Tax Returns, with false items, in order for her clients to receive substantial tax refunds. Specifically, Lermot filed false tax returns for others that included false information regarding dependents, education credits, and child care. At sentencing, United States District Court Judge Jose E. Martinez also considered the relevant conduct of another tax preparer that had previously pled guilty to preparing false returns for J&BL Tax Services. In total, Judge Martinez found that Lermot was criminally responsible for $215,222 in tax losses.
Mr. Ferrer commended the investigative efforts of IRS-CID. This case is being prosecuted by Assistant U.S. Attorney Adam C. McMichael.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Pine Ridge Man Indicted for ArsonRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man was indicted by a federal grand jury for burning down a woman’s house after the two had an argument.
Emmanuel Lee Warrior, a/k/a Mani Warrior, was indicted on March 19, 2013 for Arson. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 11, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine.
The charge is merely an accusation and Warrior is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Warrior was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Philadelphia Man Gets over 14 Years for CarjackingRead the Press Release
PHILADELPHIA - Leslie Mosby, 21, of Philadelphia, was sentenced today to 170 months in prison for an armed carjacking on November 21, 2010 in West Philadelphia in which he stole a Cadillac Deville and led Philadelphia police on a chase that ended at 40th and Locust Streets, where Mosby crashed the stolen car. Mosby and his accomplice then fled from the vehicle. While fleeing from police, Mosby’s accomplice fired a handgun at police officers, who returned fire and shot the accomplice to death. Mosby was arrested nearby after pursuing officers saw him toss a loaded .38-caliber revolver on the ground. Mosby pleaded guilty to the two charges - carjacking and using a firearm during a crime of violence - on January 4, 2013.
In addition to the prison term, U.S. District Court Judge Legrome D. Davis ordered five years of supervised release, a $2,500 fine, and a $200 special assessment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Philadelphia Police Department, and the University of Pennsylvania Police Department. It was prosecuted by Assistant United States Attorney Thomas M. Zaleski.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
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PATTY HARTMAN, Media Contact, 215-861-8525Oglala Man Indicted for Destruction of Government PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota man has been indicted by a federal grand jury for allegedly damaging a vehicle belonging to the U.S. General Services Administration in March 2011.
Eldon Ray Tobacco, age 25, was indicted by a federal grand jury on August 29, 2012 for Destruction of Government Property. Tobacco appeared before U.S. Magistrate Judge Veronica L. Duffy on April 11, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is one year of imprisonment and a $100,000 fine.
The charge is merely an accusation and Tobacco is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case.
Tobacco was released on bond pending trial. A trial date has been set for June 18, 2013.
New York Man Charged with Internet Extortion and Cyber StalkingRead the Press Release
A 21-year-old Great Neck, New York, man was charged in a criminal complaint in the Eastern District of Michigan with internet extortion and cyber stalking, announced United States Attorney Barbara L. McQuade.
Joining in the announcement were Special Agent in Charge Robert D. Foley III, Federal Bureau of Investigation and Chief John Seto, Ann Arbor Police Department.
According to the affidavit, from May 2012 through February 2013, Adam Paul Savader sent anonymous text messages using Google Voice numbers to 15 women stating that he had nude photographs of the women and threatening to distribute the nude photographs to the women’s friends and family members unless the women sent him more nude photographs of themselves. Savader sent some of the victims links to a photo-sharing website where nude pictures of the victims had been posted.The case was brought to the attention of the Federal Bureau of Investigation by Detectives from the Ann Arbor Police Department, who received a complaint from a victim stating that she had received threatening messages from a person who had illegally obtained nude photographs of her from her email account. Detectives with the Ann Arbor P.D. partnered with FBI agents to investigate the case and together identified 15 victims in Detroit, Washington, D.C. and Long Island, New York.
If convicted on these charges, Savader faces a maximum penalty of five years’ imprisonment.
Savader is currently in federal custody in New York awaiting removal to Michigan.
A complaint is only a charge and is not evidence of guilt. Trial cannot be held on felony charges in a complaint. When the investigation is completed a determination will be made whether to seek a felony indictment.
New Jersey Man Charged with Misuse of Social Security NumberRead the Press Release
Daniel Prodelick a/k/a “Wederson Roberto,” 38, of Elizabeth, NJ, was charged today by Indictment1 with one count of misuse of a social security number and making false statements to agents with the Department of Homeland Security, U.S. Citizenship and Immigration Services, announced United States Attorney Zane David Memeger. In particular, the indictment charges the defendant with using a social security number that did not belong to him, and falsely claiming United States citizenship on an I-9 Form in order to obtain employment.
If convicted, Prodelick faces a maximum sentence of 10 years imprisonment, a three-year term of supervised release, a $500,000 fine, and a $200 special assessment.
The case was investigated by the Department of Labor Office of Inspector General, the Social Security Administration Office of Inspector General, Department of Homeland Security Investigations, Federal Bureau of Investigations, the Department of Transportation Office of Inspector General, the Environmental Protection Agency Criminal Investigations Division, the Internal Revenue Service Criminal Investigations, Department of Labor Employee Benefits Security Administration, and the Department of Labor, Wage and Hour Division. It is being prosecuted by Assistant United States Attorney Paul G. Shapiro.
Click here to view the indictment
1An Indictment or Information is an accusation. A defendant is presumed innocent unless and until proven guilty.UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525New Haven Man Sentenced to 30 Months in Federal Prison for Distributing HeroinRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, today announced that JAVON FLOYD, also known as “Twin,” 23, of New Haven, was sentenced yesterday by Senior United States District Judge Ellen Bree Burns in New Haven to 30 months of imprisonment, followed by five years of supervised release, for distributing heroin.
FLOYD is one of 108 individuals charged as a result of “Operation Bloodline,” a joint law enforcement investigation targeting narcotics trafficking and gang violence in the Dwight-Kensington and Fair Haven sections of New Haven. Led by the DEA New Haven Task Force and the New Haven and Hamden Police Departments, the year-long investigation included the use of court-authorized wiretaps on numerous telephones, extensive physical surveillance, controlled purchases of narcotics, execution of search warrants and seizures of narcotics and firearms. The investigation revealed that FLOYD conspired with others to purchase and redistribute heroin.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia and Meriden Police Departments. The United States Marshals Service, the Connecticut State Police, the Connecticut Department of Correction, Parole and Community Services and the Milford, Hartford, New Britain, North Branford and Stratford Police Departments provided valuable assistance to the investigation.
This case is being prosecuted by Assistant United States Attorneys S. Dave Vatti and Marc Silverman.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]New Fairfield Man Sentenced to Five Years in Federal Prison for Manufacturing and Distributing MarijuanaRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, today announced that SEAN SALASEVICIUS, 32, of New Fairfield, was sentenced yesterday by United States District Judge Janet Bond Arterton in New Haven to 60 months of imprisonment, followed by four years of supervised release, for manufacturing and distributing marijuana.
According to court documents and statements made in court, this matter stems from a Drug Enforcement Administration and Connecticut State Police Statewide Narcotics Task Force investigation into a large-scale marijuana growing and trafficking organization that operated in the greater Danbury area and had ties to New York, Massachusetts, and Vermont. Between June 2011 and June 2012, the drug trafficking organization conspired to manufacture, sell, and distribute more than 1,000 kilograms of marijuana.
The investigation revealed that SALASEVICIUS maintained a marijuana growing operation at his residence on Linda Lane in New Fairfield.
SALASEVICIUS and six other individuals were charged a result of the investigation. During the course of the investigation, investigators seized marijuana, more than $350,000 in cash, 10 firearms, vehicles and real property.
On January 14, 2013, SALASEVICIUS pleaded guilty to one count of conspiracy to manufacture, distribute, and possess with intent to distribute between 100 and 400 kilograms of marijuana.
This matter is being investigated by the Drug Enforcement Administration and the Connecticut State Police Statewide Narcotics Task Force Northwest Office. The case is being prosecuted by Assistant United States Attorneys Tracy L. Dayton and David X. Sullivan.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]New Castle Man Pleads Guilty in Oxycodone Trafficking ConspiracyRead the Press Release
PITTSBURGH, Pa. - A resident of New Castle, Pa., pleaded guilty in federal court to violating the federal drug laws, United States Attorney David J. Hickton announced today.
David Wooley, 35, pleaded guilty to one count of conspiracy before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that between September 2008 and June 2011, a drug ring operated in the New Castle area, selling highly-addictive narcotic pills containing oxycodone on the street to drug users. Larry Dorsey, a former New Castle resident who was living in Florida during the conspiracy, was the supplier for Wooley and others charged in this indictment. Wooley was a distributor of oxycodone as well as a drug and money courier between Pennsylvania and Florida. In September 2010, Wooley was stopped by police in North Carolina, on his way to Florida. A search of his car turned up $158,409 in cash, hidden inside a door. The evidence showed that the oxycodone, purchased for $14 a pill in Florida, was being resold in New Castle for up to $25 a pill.
Judge Schwab scheduled sentencing for Aug. 20, 2013 at 9:30 am. The law provides for a total sentence of not more than 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory J. Nescott is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, the New Castle Police, and the Pennsylvania State Police conducted the investigation that led to the prosecution of David Wooley.
Navajo Man Sentenced to 17 Years in Prison for KidnappingRead the Press Release
PHOENIX --- On April 22, 2013, Brian Douglas Kanuho, 47, of Low Mountain, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 204 months imprisonment, followed by five years of supervised release. Kanuho pleaded guilty on Feb. 27, 2013, to kidnapping.
According to the plea agreement, Kanuho kidnapped the victim at his residence. While the victim was kidnapped, Kanuho assaulted and sexually abused her. As a result of the kidnapping and assault, the victim sustained serious bodily injury.
The investigation in this case was conducted by the Chinle Police Department and the Federal Bureau of Investigation. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-11-8178-PCT-GMS
RELEASE NUMBER: 2013-033_KanuhoFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Mike Alfons Campa Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on April 22, 2013, before U.S. District Judge Sam E. Haddon, MIKE ALFONS CAMPA, a 54-year-old resident of Yorba Linda, California, pled guilty to conspiracy to commit fraud, wire fraud, and mail fraud. Sentencing has been set for August 5, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorneys Carl E. Rostad and Ryan G. Weldon, the government stated it would have proved at trial the following:
CAMPA started a company with his wife. The name of the company was Domestic Energy Solutions. CAMPA and his wife obtained leases from D.C. for oil and gas rights on the Fort Peck Indian Reservation. CAMPA and his wife never paid for the lease rights and never visited Montana or the Fort Peck Indian Reservation.
The oil and gas rights were terminated on October 5, 2007. Despite being terminated, CAMPA continued to solicit investors for money by claiming to have oil and gas rights on the Fort Peck Indian Reservation. This continued for approximately five years. It was never explained to any potential "investor" that the leases were terminated and CAMPA had no right to drill for oil or gas on the Fort Peck Indian Reservation. Nor was there ever an attempt to spend any money toward a legitimate oil and gas venture on the Fort Peck Indian Reservation.
CAMPA also used emails to solicit money from individuals. Had these individuals known that no money was spent on the Fort Peck Indian Reservation for the oil and gas venture and the oil and gas leases were terminated in 2007, they would not have "invested" with CAMPA. The individuals who invested either mailed or wired money to CAMPA. Many of these wires crossed state lines and went into the State of California. In total, CAMPA and his cohorts bilked "investors" into paying well in excess of half a million dollars in a non-existent venture.
CAMPA worked with another individual, S.C., and others to start U.S. Oil and Gas to solicit more money out of unsuspecting victims. Victims were told that they needed to pay additional money or their entire investment that began with Domestic Energy Solutions, or other companies, would be lost. Not only did CAMPA work with S.C., but he also shared money with him.
When arrested and in jail, CAMPA admitted that he knew the leases on the Fort Peck Indian Reservation were cancelled.
CAMPA faces possible penalties of 5 years in prison, a $250,000 fine and 3 years supervised release for the conspiracy to commit fraud charge, and 20 years in prison, a $250,000 fine and 3 years supervised release for each of the wire fraud and mail fraud charges.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the U.S. Department of Interior - Office of Inspector General.
Micah Garret Waltenbaugh Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on April 23, 2012, before Senior U.S. District Judge Jack D. Shanstrom, MICAH GARRET WALTENBAUGH, a 25-year-old resident of Billings, appeared for sentencing. WALTENBAUGH was sentenced to a term of:
Prison: 12 months and 1 day
Special Assessment: $100
Supervised Release: 5 years
WALTENBAUGH was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute and distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
In July of 2011, Eastern Montana HIDTA agents developed a Confidential Informant (CI) who began purchasing methamphetamine from a former Sureno gang member in Billings. During the course of the investigation, law enforcement repeatedly heard the name Micah Waltenbaugh. Investigators learned WALTENBAUGH was a methamphetamine distributor to several individuals in the Billings area. Agents also learned that WALTENBAUGH's source of supply for his methamphetamine was moving large quantities of methamphetamine into the greater Yellowstone County area.
Later in the investigation law enforcement obtained recorded telephone calls and corroborating statements between the source of supply and one of his distributors that discussed WALTENBAUGH's distribution of methamphetamine. The same calls and evidence discussed WALTENBAUGH's drug debt owed to the source of supply for the methamphetamine they provided to him for distribution.
During the course of his involvement in the larger conspiracy, from August 2010 to September 2011, WALTENBAUGH personally distributed at least 2 pounds of methamphetamine in the Billings area.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WALTENBAUGH will likely serve all of the time imposed by the court. In the federal system, WALTENBAUGH does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Mexican Citizen Sentenced for Reentry of Deported AlienRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 23, 2013, Rafael Pena-Campos, 47, Tultepec, Mexico, pleaded guilty and was sentenced by U.S. District Judge Patrick A. Conmy on a charge of reentry of deported alien.
Judge Conmy sentenced Pena-Campos to 18 months in federal prison.
On March 17, 2013, Pena-Campos was encountered by the New Town Police Department in New Town, N.D. Pena-Campos possessed only a Mexican voter identification card and U.S. Border Patrol officials were contacted. They discovered that Pena-Campos was a citizen of Mexico and in the United States illegally. Pena-Campos had previously been deported from the United States in 1996 and 2008. He had been convicted of burglary, a felony, in Texas state court in 1996.
The case was investigated by the New Town Police Department and U.S. Border Patrol.
Assistant U.S. Attorney David Hagler prosecuted the case.
Maylene Man Sentenced to 14 Years in Prison for Two Suburban Bank RobberiesRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Maylene man to 14 years in prison for two 2012 bank robberies in suburban Birmingham cities, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein.
U.S. District Judge R. David Proctor sentenced TONY JOE WHITE, 42, for the Aug. 22 robbery of a Wells Fargo bank in Homewood and the Aug. 23 robbery of a Regions Bank in Mountain Brook. White pleaded guilty to both bank robberies in January.
According to court records, White walked into the Wells Fargo Bank, approached a teller and demanded money, then reached over the counter and grabbed about $600 before fleeing the bank and leaving in a waiting car driven by another man. The next morning, White entered the Regions Bank, presented a note demanding money and took about $1,500. He left the Mountain Brook bank on a bicycle and was arrested a few minutes later.
The FBI, in conjunction with the Homewood and Mountain Brook Police Departments, investigated the case, which Assistant U.S. Attorney Joseph P. Montminy prosecuted.
Maryland Man Pleads Guilty to Charges in August 2011 Slaying in Northeast Washington-Defendant Chased Victim and Shot Him Numerous Times-Read the Press Release
WASHINGTON – Ricardo Mitchell, 33, of Temple Hills, Md., pled guilty today to a charge of second-degree murder while armed in a slaying that took place in August 2011 in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Mitchell entered the plea in the Superior Court of the District of Columbia. He also pled guilty to a charge of possession of a firearm during a crime of violence. The Honorable Lynn Leibovitz scheduled sentencing for June 28, 2013. Mitchell faces a statutory maximum of 40 years in prison on the murder charge and up to five additional years for the weapons offense.
According to the government’s evidence, in the early evening of Aug. 21, 2011, Mitchell was outside a residence in the 3900 block of Clay Place NE when he exchanged words with the victim, Wyatt Earp Robinson. Mr. Robinson, 33, walked away. Mr. Robinson headed toward his vehicle, where his girlfriend and four-year-old child were waiting.
Mitchell then ran into the residence. He returned outside and ran from the front porch of the house with a gun in his hand and up the sidewalk, toward Minnesota Avenue, and after Mr. Robinson. He caught up with Mr. Robinson when the victim was approximately five feet from his vehicle. At that point, Mitchell confronted Mr. Robinson and shot him several times.
After shooting Mr. Robinson, who had nothing in his hands but his cellphone, the defendant began to walk away, but turned back toward the victim and fired another shot at him. A total of nine .40-caliber cartridge casings were found on the scene by police, and all were fired from the same firearm. An autopsy revealed nine gunshot wounds to Mr. Robinson’s body.
Following the shooting, Mitchell fled into and through the residence on Clay Street NE. He exited through the residence’s back door and fled the scene on a motorcycle.
After shooting and killing Mr. Robinson, Mitchell fled to a storage facility in Forestville, Md., where he hid the motorcycle that he used to flee the crime scene. The defendant is captured on surveillance footage from that storage facility wearing the same clothes that he was seen wearing at the time of the murder. Mitchell was arrested on Aug. 24, 2011.
In announcing the plea, U.S. Attorney Machen commended the work of the detectives, officers and crime scene technicians who investigated the case for the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator Durand Odom, Victim/Advocate Marcia Rinker and Paralegal Specialists Mia Beamon and Kendra Johnson. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Reagan M. Taylor, Teresa Howie and Stephen J. Gripkey, who prosecuted the matter.
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