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Monday 22 April 2013
Two Gang Members Plead Guilty in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. – Two members of a Dodge City street gang charged in a federal racketeering case have pleaded guilty, U.S. Attorney Barry Grissom said today.
Anthony Wright, 27, Dodge City, Kan., pleaded guilty to one count of conspiracy to commit racketeering and one count of discharging a firearm in a crime of violence. Jose Neave, 23, Dodge City, Kan., pleaded guilty to one count of attempted murder in furtherance of racketeering.
In his plea, Wright admitted he was a member of the Norteno street gang when he was involved in the murder of Israel Peralta on June 8, 2009, in Dodge City. On the day of the killing, Wright and another conspirator were out driving when they noticed a group of Hispanic males in a trailer park in south Dodge City who they believed were members of the rival Sureno gang. Later that day, Wright and three other Nortenos met together and decided to get in the car and go looking for Sureno gang members.
Wright drove the Nortenos to the trailer park and parked the car. Two of the Nortenos in the car with Wright were armed. One had a handgun that looked like a machine gun and the other had a revolver. They got out of the car with guns drawn, ran toward the group of Hispanic males and began firing. Israel Peralta was shot and killed. After the shooting, the four Norteno gang members drove away from the scene.
In his plea, Wright admitted that as a member of the Nortenos he was part of an ongoing criminal enterprise. The gang used murder, robbery, assault and the threat of violence to protect and expand its operations. He admitted that while he was a Norteno he participated in the sale of methamphetamine. Several other Nortenos were active in the sale of methamphetamine at the same time.
In his plea, Jose Neave admitted that he was a member of the Diablos Viejos and was associated with the Nortenos street gang on Aug. 27, 2011, when he and other Nortenos attacked a group of men at 703 9th Avenue in Dodge City. Neave wielded a knife during the fight. Victims Gabriel Rivera and Carlos Ramirez were stabbed during the fight. Rivera’s injuries were life-threatening and required a life-flight to a hospital in Wichita.
Neave admitted that while he was a gang member it was not unusual for him and his fellow gang members to be armed with knives.
Wright is set for sentencing July 8. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the racketeering charge, and a penalty of not less than 10 years and a fine up to $250,000 on the firearms charge.
Neave is set for sentencing July 8. He faces a maximum penalty of 10 years and a fine up to $250,000 on the racketeering charge.
Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff’s Office, the Kansas Bureau of Investigation, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.
Twice Convicted Sex Offender Pleads Guilty to Receiving Child Pornography While on Federal Probation for Prior Sex OffenseRead the Press Release
Greenbelt, Maryland – Larry Poole, age 50, of Laurel, Maryland pleaded guilty to receipt of child pornography.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Chief Richard McLaughlin of the Laurel Police Department; and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
According to his plea agreement, on June 11, 2012 the Child Protective Services (CPS) received a report that Poole was sending text messages claiming to be molesting an unidentified nine year old girl. CPS referred the matter to the Laurel Police Department, who were not able to locate any child in Poole’s neighborhood matching the description used by Poole in his texts.
The Laurel police subsequently learned that Poole was on federal probation, and was registered as a sex offender based on two prior convictions: in 2003, of child abuse, in Baltimore County Circuit Court; and in 2006, of attempting to entice a minor to engage in sex, and possession of child pornography, in federal court for the District of Columbia.
Laurel police alerted Poole’s federal probation officer who conducted a surprise visit to Poole’s residence on June 25, 2012. Poole consented to a preview of his cell phone, and the probation officer discovered videos and images of child pornography. Poole admitted that an individual brought child pornography to Poole’s home the previous day on a thumb drive or SD card and helped Poole load pornographic images of girls under 14 years old onto Poole’s computer and cell phone.
Laurel police and the FBI executed a search warrant, seized Poole’s cell phone and computer, and discovered approximately six videos and 120 images of child pornography.
As part of his plea agreement, Poole must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Poole and the government have agreed that if the Court accepts the plea agreement Poole will be sentenced to 15 years in prison. Chief U.S. District Judge Deborah K. Chasanow scheduled sentencing for June 24, 2013, at 10:00 a.m.
MCETF partners with the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit www.justice.gov/usao/md/Human-Trafficking/index.html.
United States Attorney Rod J. Rosenstein commended the Laurel Police Department and FBI for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Kristi N. O’Malley, who prosecuted the case.
Traficante De Marihuana Sentenciado A Mas De 17 AÑos De Prision Fresno, Tulare Y KernRead the Press Release
SACRAMENTO, Calif. – El Juez de Distrito de los Estados Unidos William B. Shubb sentenció el día de hoy a Uriel Ochoa-Espindola, de 44 años, residente de Fresno, a 17 años y medio de prisión por participar en una conspiración de tràfico de marihuana, anunció el Fiscal de los Estados Unidos Benjamin B. Wagner.
De acuerdo con los documentos del tribunal, Espindola era el líder de una operación masiva de producción de marihuana y de una banda interestatal de distribución de droga. Él y sus socios cultivaron decenas de miles de plantas de marihuana en tres condados diferentes en California y enviaron su producto por todo el país con la ayuda de camioneros comerciales. La operación de Espindola tenía su base cerca de Delhi, Calif., pero él controlaba cultivos de marihuana en los Condados de El Dorado, Tehama y Placer. Espindola organizó y dirigió personalmente cientos de libras de envíos de marihuana a Dakota del Sur, Colorado, Massachusetts, Washington, y Carolina del Norte. Espindola tenía 10 hombres bajo su mando. Él tomaba las decisiones clave, asignaba trabajos y organizaba negocios.
Al sentenciar a Espindola, el Juez Shubb dijo que Espindola manejaba una “operación muy seria,” e indicó que el papel de Espindola como líder tuvo un impacto importante en su decisión de sentencia.
De acuerdo con los documentos del tribunal, los investigadores incautaron tres pistolas y casi 11 000 plantas de marihuana en el lugar de cultivo en el Condado de El Dorado. Incautaron casi 17 500 plantas de marihuana en un cultivo en el Condado de Placer, y casi 2 000 plantas de marihuana en el Condado de Tehama.
La organización era bastante grande ya que tenían “gerentes intermedios”, tales como Valentine Ramírez-Cardínez, quien fue sentenciado a 15 años y ocho meses en prisión por dirigir los lugares de cultivo. Estos gerentes intermedios ayudaron a proteger y aislar a Espindola de un posible contacto con las autoridades. Después que 300 libras de su marihuana fueran incautadas por investigadores en Chicago, Espindola se escondió de los agentes encubiertos poniendo a Ramírez-Cardínez como encargado.
De acuerdo con documentos del tribunal, Espindola era “uno de los mayores traficantes de marihuana en el Norte de California.” Él, sus lugartenientes, y sus empleados usaron armas de fuego para promover esa operación. Ademàs de las armas encontradas en el lugar de cultivo del Condado El Dorado y una escopeta descubierta en la casa de Espindola, Ramírez-Cardínez dijo a uno de los oficiales encubiertos que él llevó un rifle de calibre .22 al lugar de cultivo del Condado Placer. Los investigadores encontraron finalmente otras 5 armas de fuego en la casa de Ramírez-Cardínez cuando fue arrestado. Anteriormente, Ramírez-Cardínez entregó a uno de los agentes encubiertos un rifle AK-47. El agente al parecer pagaría por el arma màs tarde.
Durante una audiencia probatoria relacionada con la sentencia, un agente especial del Departamento de Justicia de California testificó que los investigadores también encontraron tres pistolas adicionales, tres rifles AK-47, dos rifles M-16/M-4, cuatro escopetas, y un rifle en un domicilio en Rowland Lane en Corning, Calif. Ésta era una residencia en la que uno de los lugartenientes de Espindola cargaba un camión en conexión con uno de los envíos a través del país. Contrario a los alegatos de la defensa, el Juez Shubb recalcó que “Ésta fue su operación,” e hizo a Espindola responsable de las armas que sus socios y empleados usaron para fomentar la operación.
Este caso fue producto de una intensa investigación por parte de la Agencia Antidrogas de los EE.UU., la Oficina del Alguacil del Condado de El Dorado, la Oficina del Alguacil del Condado de Placer, La Oficina Antinarcóticos del Departamento de Justicia de California y el Equipo de Investigación de Marihuana de la Montaña y el Valle. El Fiscal Adjunto de los Estados Unidos Michael M. Beckwith procesó el caso.
Texas Man Sentenced to 20 Years in Prison for Conspiring to Distribute CocaineRead the Press Release
PITTSBURGH, Pa. - A resident of Houston, Texas, has been sentenced in federal court to 20 years in prison followed by six years supervised release on his conviction of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
Senior United States District Judge Alan N. Bloh imposed the sentence on Gathon Dudley Shannon a/k/a Gathow Dudly Channon, 46.
According to information presented to the court, from on or about Dec. 4, 2009 and continuing thereafter to on or about Sept. 29, 2011, in the Western District of Pennsylvania and elsewhere, Shannon conspired with others to possess with intent to distribute and distribute cocaine, a Schedule II controlled substance.
Assistant United States Attorneys Katherine A. King and Troy Rivetti prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) comprised of members drawn from the Drug Enforcement Administration, the Pennsylvania State Police, the Internal Revenue Service - Criminal Investigation Division, the Pennsylvania State Attorney General's Office and the Beaver Falls Police Department for the investigation leading to the successful prosecution of Shannon.
Tamral Guzman and Brian Hatcher SentencedRead the Press Release
Guzman Formerly Operated Maryville Pain Clinic
KNOXVILLE, Tenn.- On Apr. 18, 2103, Tamral S. Guzman, 42, of Blount County, Tenn., was sentenced to serve 258 months in federal prison by the Honorable Thomas A. Varlan, U.S. District Judge for the Eastern District of Tennessee. This sentence was the result of her August 2012 trial conviction of multiple drug, money laundering and structuring offenses, contained in a 57-count indictment, as well as her guilty plea in January 2013 to a charge of failure to appear.
Guzman was also ordered to forfeit all proceeds of her crimes, including three houses, a fishing boat, and more than $197,000 that had been seized by federal authorities following her arrest. The court also entered a money judgment of more than $2.5 million against Guzman, representing additional funds subject to forfeiture as a result of her crimes.
Guzman's criminal conviction came as a result of her operating Maryville Pain Management from August 2008 until it was closed by federal authorities in December 2010. During the sentencing hearing, the court heard testimony that customers seeking prescriptions for drugs visited the pain clinic on more than 11,000 occasions while it was open.
Brian Hatcher, 33, also of Blount County, was also sentenced on Apr. 18, 2013, to serve 130 months in prison for assisting Guzman in her failure to appear and for intimidation of a witness. In October 2012, prior to the conclusion of Guzman's trial, Hatcher and Guzman fled to Hollywood, Fla., where they lived for approximately one month before being apprehended by the U.S. Marshals Service agents on October 31, 2012.
The conviction of Guzman and Hatcher came as a result of a joint investigation by the Internal Revenue Service - Criminal Investigation, Drug Enforcement Administration, and Blount County 5th Judicial Drug Task Force. Assistant U.S. Attorneys Jennifer Kolman and Frank M. Dale, Jr. represented the United States.
Taleah Colleen Ralston 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 18, 2013, before U.S. District Judge Richard F. Cebull, TALEAH COLLEEN RALSTON, a 28-year-old resident of Hardin/Billings, appeared for sentencing. RALSTON was sentenced to a term of:
Prison: time served
Special Assessment: $100
Supervised Release: 4 years
RALSTON was sentenced in connection with her guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
RALSTON came to the attention of law enforcement in Big Horn County and on the Crow and Northern Cheyenne Reservations as a distributor of methamphetamine for Leroy Smith beginning in approximately 2006.
When questioned, RALSTON admitted that she had been part of the conspiracy to possess with intent to distribute methamphetamine for Smith during the time when she was dating his son and co-defendant Justin Smith. RALSTON withdrew from the conspiracy a significant time prior to her arrest. Both Leroy Smith and Justin Smith also implicated RALSTON as one of Leroy Smith's distributors of methamphetamine for a period of time within the conspiracy.
Leroy Smith and Justin Smith pled guilty to federal charges.
The investigation was a cooperative effort between the Montana Division of Criminal Investigation, the Bureau of Indian Affairs, and the Drug Enforcement Administration.
Suspect in Boston Marathon Attack Charged with Using<br /> a Weapon of Mass DestructionRead the Press Release
Attorney General Eric Holder announced today that Dzhokhar A. Tsarnaev, 19, a U.S. citizen and resident of Cambridge, Mass., has been charged with using a weapon of mass destruction against persons and property at the Boston Marathon on April 15, 2013, resulting in the death of three people and injuries to more than 200 people.
In a criminal complaint unsealed today in U.S. District Court for the District of Massachusetts, Tsarnaev is specifically charged with one count of using and conspiring to use a weapon of mass destruction (namely, an improvised explosive device or IED) against persons and property within the United States resulting in death, and one count of malicious destruction of property by means of an explosive device resulting in death. The statutory charges authorize a penalty, upon conviction, of death or imprisonment for life or any term of years. Tsarnaev had his initial court appearance today from his hospital room.
“Although our investigation is ongoing, today’s charges bring a successful end to a tragic week for the city of Boston, and for our country,” said Attorney General Eric Holder. “Our thoughts and prayers remain with each of the bombing victims and brave law enforcement professionals who lost their lives or suffered serious injuries as a result of this week’s senseless violence. Thanks to the valor of state and local police, the dedication of federal law enforcement and intelligence officials, and the vigilance of members of the public, we’ve once again shown that those who target innocent Americans and attempt to terrorize our cities will not escape from justice. We will hold those who are responsible for these heinous acts accountable to the fullest extent of the law.”
“The events of the past week underscore in stark terms the need for continued vigilance against terrorist threats both at home and abroad,” said John Carlin, Acting Assistant Attorney General for National Security. “Friday’s arrest and today’s charges demonstrate what can be achieved by a collaborative, round-the clock response involving law enforcement officers, intelligence professionals, prosecutors and the general public.”
“Today’s charges are the culmination of extraordinary law enforcement coordination and the tireless efforts of so many, including ordinary citizens who became heroes as they responded to the call for help in the hours and days following the Marathon tragedy,” said Carmen Ortiz, U.S. Attorney for the District of Massachusetts. “The impact of these crimes has been far-reaching, affecting a worldwide community that is looking for peace and justice. We hope that this prosecution will bring some small measure of comfort both to the public at large and to the victims and their families that justice will be served. While we will not be able to comment on any possible communications between the suspect and law enforcement at this time, as a general rule, the government will always seek to elicit all the actionable intelligence and information we can from terrorist suspects taken into our custody.”
“The events of this week have moved at a breakneck pace. Yet the one consistent element of this investigation has been the collective efforts of our law enforcement and intelligence partners, working side-by-side, day and night, to identify and find those responsible for this attack, while keeping the public safe,” said Rick DesLauriers, Special Agent in Charge of the FBI’s Boston Division. “We are grateful to the American people for their assistance; we would not be successful without their trust and support. We will continue to investigate this matter with the greatest diligence and expediency, and we will do all that we can to protect those we serve.”
“Friday night’s capture of the suspect brought immediate relief to a community from a public safety viewpoint. However, much work remains and many questions require answers. Today’s charges represent another step on the long road toward justice for the victims of these crimes. On behalf of the citizens of this great Commonwealth, the Massachusetts State Police will continue to work diligently with our federal and local partners to bring this defendant to justice for his alleged acts and ensure the public’s safety,” said Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police.
“Finding the alleged perpetrators of this savage act of terrorism four days after the attack on the City of Boston was a herculean effort and shows the true cooperation and dedication of the law enforcement community,” said Boston Police Commissioner Ed Davis. “We were relentless in our pursuit of the suspects. The arrest of Tsarnaev and today’s charges should send a clear message to those who look to do us harm, the entire law enforcement community will go after you, find you and bring you to justice.”
This investigation was conducted by the FBI’s Boston Division, the Boston Police Department, the Massachusetts State Police, and member agencies of the Boston Joint Terrorism Task Force, which is comprised of more than 30 federal, state and local enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Immigration and Customs Enforcement – Homeland Security Investigations, U.S. Marshals Service, U.S. Secret Service, the Massachusetts Bay Transit Authority and others. In addition, the Watertown Police Department, the Cambridge Police Department, the Massachusetts Institute of Technology (MIT) Police Department, the Boston Fire Department, the National Guard and police, fire and emergency responders from across Massachusetts and New England played critical roles in the investigation and response.
This case is being prosecuted by Assistant U.S. Attorneys William Weinreb and Aloke Chakravarty from the Anti-Terrorism and National Security Unit of the U.S. Attorney’s Office for the District of Massachusetts, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division.
The public is reminded that charges contained in an indictment or criminal complaint are merely allegations, and that defendants are presumed innocent unless and until proven guilty.
Related Materials:
Tsarnaev Complaint
Suspect in Boston Marathon Attack Charged with Using A Weapon of Mass DestructionRead the Press Release
BOSTON – Attorney General Eric Holder and U.S. Attorney Carmen Ortiz announced today that Dzhokhar A. Tsarnaev, 19, a U.S. citizen and resident of Cambridge, Mass., has been charged with using a weapon of mass destruction against persons and property at the Boston Marathon on April 15, 2013, resulting in the death of three people and injuries to more than 200 people.
In a criminal complaint unsealed today in U.S. District Court for the District of Massachusetts, Tsarnaev is specifically charged with one count of using and conspiring to use a weapon of mass destruction (namely, an improvised explosive device or IED) against persons and property within the United States resulting in death, and one count of malicious destruction of property by means of an explosive device resulting in death. The statutory charges authorize a penalty, upon conviction, of death or imprisonment for life or any term of years. Tsarnaev had his initial court appearance today from his hospital room.
“Although our investigation is ongoing, today’s charges bring a successful end to a tragic week for the city of Boston, and for our country,” said Attorney General Eric Holder. “Our thoughts and prayers remain with each of the bombing victims and brave law enforcement professionals who lost their lives or suffered serious injuries as a result of this week’s senseless violence. Thanks to the valor of state and local police, the dedication of federal law enforcement and intelligence officials, and the vigilance of members of the public, we’ve once again shown that those who target innocent Americans and attempt to terrorize our cities will not escape from justice. We will hold those who are responsible for these heinous acts accountable to the fullest extent of the law.”
“The events of the past week underscore in stark terms the need for continued vigilance against terrorist threats both at home and abroad,” said John Carlin, Acting Assistant Attorney General for National Security. “Friday’s arrest and today’s charges demonstrate what can be achieved by a collaborative, round-the clock response involving law enforcement officers, intelligence professionals, prosecutors and the general public.”
“Today’s charges are the culmination of extraordinary law enforcement coordination and the tireless efforts of so many, including ordinary citizens who became heroes as they responded to the call for help in the hours and days following the Marathon tragedy,” said Carmen Ortiz, U.S. Attorney for the District of Massachusetts. “The impact of these crimes has been far-reaching, affecting a worldwide community that is looking for peace and justice. We hope that this prosecution will bring some small measure of comfort both to the public at large and to the victims and their families that justice will be served. While we will not be able to comment on any possible communications between the suspect and law enforcement at this time, as a general rule, the government will always seek to elicit all the actionable intelligence and information we can from terrorist suspects taken into our custody.”
“The events of this week have moved at a breakneck pace. Yet the one consistent element of this investigation has been the collective efforts of our law enforcement and intelligence partners, working side-by-side, day and night, to identify and find those responsible for this attack, while keeping the public safe,” said Rick DesLauriers, Special Agent in Charge of the FBI’s Boston Division. “We are grateful to the American people for their assistance; we would not be successful without their trust and support. We will continue to investigate this matter with the greatest diligence and expediency, and we will do all that we can to protect those we serve.”
“Friday night’s capture of the suspect brought immediate relief to a community from a public safety viewpoint. However, much work remains and many questions require answers. Today’s charges represent another step on the long road toward justice for the victims of these crimes. On behalf of the citizens of this great Commonwealth, the Massachusetts State Police will continue to work diligently with our federal and local partners to bring this defendant to justice for his alleged acts and ensure the public’s safety,” said Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police.
“Finding the alleged perpetrators of this savage act of terrorism four days after the attack on the City of Boston was a herculean effort and shows the true cooperation and dedication of the law enforcement community,” said Boston Police Commissioner Ed Davis. “We were relentless in our pursuit of the suspects. The arrest of Tsarnaev and today’s charges should send a clear message to those who look to do us harm, the entire law enforcement community will go after you, find you and bring you to justice.”
This investigation was conducted by the FBI’s Boston Division, the Boston Police Department, the Massachusetts State Police, and member agencies of the Boston Joint Terrorism Task Force, which is comprised of more than 30 federal, state and local enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Immigration and Customs Enforcement – Homeland Security Investigations, U.S. Marshals Service, U.S. Secret Service, the Massachusetts Bay Transit Authority and others. In addition, the Watertown Police Department, the Cambridge Police Department, the Massachusetts Institute of Technology (MIT) Police Department, the Boston Fire Department, the National Guard and police, fire and emergency responders from across Massachusetts and New England played critical roles in the investigation and response.
This case is being prosecuted by Assistant U.S. Attorneys William Weinreb and Aloke Chakravarty from the Anti-Terrorism and National Security Unit of the U.S. Attorney’s Office for the District of Massachusetts, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division.
The public is reminded that charges contained in an indictment or criminal complaint are merely allegations, and that defendants are presumed innocent unless and until proven guilty.
(Download Criminal Complaint )
Seventeen-Time Felon Sentenced for Possessing Assault Weapon AmmunitionRead the Press Release
ATLANTA - Keith Wade was sentenced in federal court today to serve over 16 years in federal prison after a jury found him guilty on September 27, 2012, of possession of ammunition by a convicted felon.
“This seventeen-time felon has been victimizing the citizens of Georgia for over 20 years, committing crime after crime, many of which involved firearms,” said United States Attorney Sally Quillian Yates. “Assault weapons and high capacity magazines in the hands of convicted felons like the defendant threatens the safety of law enforcement and the citizens of Georgia.”
“The criminal history of the defendant (Wade) shows a complete and utter disregard for the lives of others as well as for their personal pursuits,” said ATF Special Agent in Charge Christopher Shaefer. “As an agency and unified law enforcement community, we will not tolerate armed violent felons continually terrorizing and reducing the quality of life in the neighborhoods where we live, work, and play.”
According to United States Attorney Yates the charges and other information presented in court or contained in public documents: Wade was on parole when his parole officer received a call from a person who wished to remain anonymous. The caller stated that the defendant was threatening him and his girlfriend. The girlfriend had dated Wade at one time. The caller told the defendant’s parole officer that Wade had made threatening phone calls, sent threatening text messages, and had driven past the caller’s house several times. The caller forwarded one of the text messages, which included a picture of the defendant holding an assault rifle.
On December 29, 2010, the defendant’s parole officer, along with Special Agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, conducted a search of the defendant’s residence in College Park, Ga. During the search, officers found two fully loaded assault rifle magazines containing 60 rounds of 7.62 mm ammunition and a box containing 24 rounds of 9 mm ammunition. Because he was a convicted felon, Wade was prohibited from possessing ammunition.
Prior to Wade’s arrest in December 2010, he had been convicted of at least 17 felonies, including drug-related convictions, theft, and several violent felonies. The defendant’s violent felony convictions include felony obstruction of law enforcement, battery, and attempted armed robbery.
Wade, 43, of College Park, Ga. was convicted of violating Title 18, United States Code, Sections 922(g) and 924(e), and sentenced before Senior United States District Court Judge Willis B. Hunt, Jr. to serve 16 years, 3 months in prison to be followed by five years of supervised release. Because this conviction was rendered after the defendant sustained three prior violent felonies, the law required a mandatory minimum confinement period of 15 years in prison and a fine of up to $250,000.This case was investigated by Special Agents of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Georgia Board of Pardons and Paroles.
Assistant United States Attorney Leslie J. Abrams prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
Ringleader and Brothel Operator Convicted of Sex Trafficking ChargesRead the Press Release
Threatened to Assault Prostitutes and Competitor Pimps, and Made Death Threats to Protect and Maintain Prostitution Businesses in Annapolis and EastonBaltimore, Maryland – A federal jury convicted German de Jesus Ventura, age 35, a citizen of El Salvador and an illegal alien residing in Capitol Heights, Maryland of conspiring to transport and entice females to travel interstate for prostitution; transporting females for prostitution; enticing females to travel interstate for prostitution; sex trafficking by force, fraud and coercion; and possessing a gun in furtherance of sex trafficking. The jury also convicted co-defendant Kevin Garcia Fuertes, a/k/a Kerlin Esquivel-Feuntes, age 25, a citizen of Honduras and an illegal alien residing in Annapolis, Maryland, and Richmond, Virginia, of the conspiracy and sex trafficking charges.
The conviction was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Chief Michael Pristoop of the Annapolis Police Department; Easton Police Department Chief David A. Spencer; and Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
According to evidence presented during the two week trial, since at least March 2008 through November 2010, Ventura and Fuertes ran brothels in Annapolis and Easton, Maryland. Ventura, the ringleader, employed Fuertes to advertise and manage the brothels, and the two men shared the cash proceeds of the prostitution business. The defendants recruited and employed prostitutes, many of whom were aliens present in the U.S. unlawfully. Ventura arranged for vans and other vehicles to transport females within Maryland and across state lines to engage in prostitution. Ventura assaulted and threatened to use violence against one prostitute to coerce her continued participation in prostitution, from which Fuertes financially benefitted.
Ventura and Fuertes also threatened to use violence against competitor pimps. On August 3, 2010, Ventura used a cell phone to send three threatening multi-media messages depicting a semi-automatic pistol, the pistol’s magazine and an angel of death statue to a competitor pimp. On November 3, 2010, Ventura arranged for the assault of a competitor pimp with a pistol grip shotgun. In addition to these threats, Ventura reported criminal activity of the pimps in order to divert the attention of law enforcement and facilitate his own prostitution activities. On March 13, 2010, Ventura falsely reported a kidnaping and rape to the police in order to falsely implicate another pimp with the crimes. Ventura also claimed responsibility for the murder of competitor pimp Ricardo Ramirez Riva on September 13, 2008, in order to intimidate the competition, as well as his own employees and prostitutes.
Ventura also sought to intimidate members of the community who assisted his prostitutes. On September 1, 2009 Ventura called and threatened to kill a family who provided temporary housing to one of his prostitutes after she was arrested. He also poured gasoline on their apartment door and smashed windows from their vehicle.
On July 7, 2010, law enforcement executed a search warrant at the brothel located at 318 E. Dover Street in Easton and arrested Isidro Jimenez-Sanchez and Wibert Herrera-Aranda who were working at the brothel.
Ventura and Fuentes face a maximum sentence of five years in prison for the conspiracy count and a mandatory minimum of 15 years in prison to a maximum of life in prison for the sex trafficking count. In addition, Ventura faces a maximum of life in prison for possessing a gun in furtherance of sex trafficking and 10 years in prison for the transporting individuals to engage in prostitution and enticement counts. U.S. District Judge William D. Quarles, Jr. scheduled sentencing for July 24, 2013 at 1:00 p.m.
Jose Antonio Reyes-Maradiaga, age 30; Isidro Jiminez-Sanchez and Wibert Alejandro Herrera-Aranda, both age 34, of Easton, Maryland, previously pleaded guilty to their participation in the scheme. These defendants advertised Ventura’s brothels, made appointments for the prostitutes and collected money. Reyes also helped to transport the women to the brothel locations, and purchased supplies. Jiminez-Sanchez, a Mexican citizen who entered the United States illegally, was sentenced to a year and day for transporting prostitutes, and upon completion of his sentence, was deported from the U.S. to Mexico. Herrera-Aranda was sentenced to 18 months in prison and Reyes was sentenced to time served. Both were also deported.
This case originated with the Annapolis Police Department and was subsequently investigated by members of the Maryland Human Trafficking Task Force formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit Human-Trafficking
United States Attorney Rod J. Rosenstein praised the Annapolis and Easton Police Departments and HSI Baltimore for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys P. Michael Cunningham and Rachel M. Yasser, who are prosecuting the case.
Restaurant Owner Sentenced to Probation with House Arrest for Defrauding the GovernmentRead the Press Release
PITTSBURGH, - A resident of Allegheny County has been sentenced in federal court to three years probation, eight months of which must be served under house arrest, as well as ordered to pay $76,969.53 in restitution to the U.S. Railroad Retirement Board, on his conviction of wire fraud, United States Attorney David J. Hickton announced today.
United States District Judge David S. Cercone imposed the sentence on Roy G. Arthrell, Jr., 61.
According to information presented to the court, Arthrell was receiving a disability annuity from the U.S. Railroad Retirement Board since November 2006. He opened a restaurant named Roys by the Tracks in Finleyville that affected his eligibility for the disability annuity, but he failed to notify the RRB as he was required to do. As a result he defrauded the United States and converted approximately $65,000 of its property for his own use.
Assistant United States Attorney Nelson P. Cohen prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the U.S. Railroad Retirement Board, Office of Inspector General for the investigation leading to the successful prosecution of Arthrell.
Ralph Lauren Corporation Resolves Foreign Corrupt Practices Act Investigation and Agrees to Pay $882,000 Monetary PenaltyRead the Press Release
Ralph Lauren Corporation (RLC), a New York based apparel company, has agreed to pay an $882,000 penalty to resolve allegations that it violated the Foreign Corrupt Practices Act (FCPA) by bribing government officials in Argentina to obtain improper customs clearance of merchandise, announced Mythili Raman, the Acting Assistant Attorney General for the Criminal Division, and Loretta E. Lynch, the United States Attorney for the Eastern District of New York.
According to the agreement, the manager of RLC’s subsidiary in Argentina bribed customs officials in Argentina over the span of five years to improperly obtain paperwork necessary for goods to clear customs; permit clearance of items without the necessary paperwork and/or the clearance of prohibited items; and on occasion, to avoid inspection entirely. RLC’s employee disguised the payments by funneling them through a customs clearance agency, which created fake invoices to justify the improper payments. During these five years, RLC did not have an anti-corruption program and did not provide any anti-corruption training or oversight with respect to its subsidiary in Argentina.
In addition to the monetary penalty, RLC agreed to cooperate with the Department of Justice in its ongoing investigation, to report periodically to the department concerning RLC’s compliance efforts, and to continue to implement an enhanced compliance program and internal controls designed to prevent and detect FCPA violations. If RLC abides by the terms of the agreement, the department will not prosecute RLC in connection with the conduct.
The agreement acknowledges RLC’s extensive, thorough, and timely cooperation, including voluntarily making employees available for interviews, making voluntary document disclosures, conducting a world-wide risk assessment, and making multiple presentations to the Department of Justice on the status and findings of the internal investigation and the risk assessment. In addition, RLC has engaged in early and extensive remediation, including conducting extensive FCPA training for employees world-wide, enhancing the company’s existing FCPA policy, implementing an enhanced gift policy as well as other enhanced compliance, control, and anti-corruption policies and procedures, enhancing its due diligence protocol for third-party agents, terminating culpable employees and a third-party agent, instituting a whistleblower hotline, and hiring a designated corporate compliance attorney.
In a related matter, RLC reached a settlement with the SEC and agreed to pay $734,846 in disgorgement and prejudgment interest. The SEC settlement was filed today.
The case is being prosecuted by Trial Attorney Daniel S. Kahn of the Criminal Division’s Fraud Section and Assistant United States Attorney Sarah Coyne, Chief of the Business and Securities Fraud Section from the Eastern District of New York. The case was investigated by the FBI’s New York Field Office. The department acknowledges and expresses its appreciation for the assistance provided by the SEC’s Division of Enforcement.
Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Ralph Lauren Corporation Resolves <br /> Foreign Corrupt Practices Act Investigation <br /> and Agrees to Pay $882,000 Monetary PenaltyRead the Press Release
Ralph Lauren Corporation (RLC), a New York based apparel company, has agreed to pay an $882,000 penalty to resolve allegations that it violated the Foreign Corrupt Practices Act (FCPA) by bribing government officials in Argentina to obtain improper customs clearance of merchandise, announced Mythili Raman, the Acting Assistant Attorney General for the Criminal Division, and Loretta E. Lynch, the United States Attorney for the Eastern District of New York.
According to the agreement, the manager of RLC’s subsidiary in Argentina bribed customs officials in Argentina over the span of five years to improperly obtain paperwork necessary for goods to clear customs; permit clearance of items without the necessary paperwork and/or the clearance of prohibited items; and on occasion, to avoid inspection entirely. RLC’s employee disguised the payments by funneling them through a customs clearance agency, which created fake invoices to justify the improper payments. During these five years, RLC did not have an anti-corruption program and did not provide any anti-corruption training or oversight with respect to its subsidiary in Argentina.
In addition to the monetary penalty, RLC agreed to cooperate with the Department of Justice, to report periodically to the department concerning RLC’s compliance efforts, and to continue to implement an enhanced compliance program and internal controls designed to prevent and detect FCPA violations. If RLC abides by the terms of the agreement, the Department will not prosecute RLC in connection with the conduct.
The agreement acknowledges RLC’s extensive, thorough, and timely cooperation, including self-disclosure of the misconduct, voluntarily making employees available for interviews, making voluntary document disclosures, conducting a worldwide risk assessment, and making multiple presentations to the Department on the status and findings of the internal investigation and the risk assessment. In addition, RLC has engaged in early and extensive remediation, including conducting extensive FCPA training for employees worldwide, enhancing the company’s existing FCPA policy, implementing an enhanced gift policy and other enhanced compliance, control and anti-corruption policies and procedures, enhancing its due diligence protocol for third-party agents, terminating culpable employees and a third-party agent, instituting a whistleblower hotline, and hiring a designated corporate compliance attorney.
In a related matter, the U.S. Securities and Exchange Commission today announced a non-prosecution agreement with RLC , in which RLC agreed to pay $$734,846 in disgorgement and prejudgment interest.
The case is being prosecuted by Trial Attorney Daniel S. Kahn of the Criminal Division’s Fraud Section and Sarah Coyne, Chief of the Business and Securities Fraud Section of the Eastern District of New York. The case was investigated by the FBI’s New York Field Office. The department acknowledges and expresses its appreciation for the assistance provided by the SEC’s Division of Enforcement.
Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Procesos Penales De Marihuana En Los Condados De Fresno, Tulare Y KernRead the Press Release
FRESNO, Calif. — Cinco casos contra cinco hombres involucrados en operaciones separadas de cultivo de marihuana en los Condados de Fresno, Tulare y Kern se resolvieron hoy en el tribunal federal, anunció el Fiscal de los EE.UU Benjamin B. Wagner.
Fuerzas Especiales Antidroga contra el Crimen Organizado. Caso
(No. 1:11CR93 LJO)
El Juez de Distrito de los EE.UU, Lawrence J. O’Neill. sentenció a Diocelina Bustos Abarca, 40, de Bakersfield, a cinco años y nueve meses de prisión por varios delitos ambientales y de cultivo de marihuana. Le ordenó pagar $25, 941 en restitución al Servicio Forestal de los EE.UU. por el daño causado por las operaciones de cultivo de marihuana.Abarca llamó la atención de las autoridades durante una investigación hecha a Miguel Gómez-Gómez, 27, de Dinuba, quien estaba implicado en una operación masiva de cultivo de marihuana en terrenos públicos en los Condados de Fresno y Madera. Gómez-Gómez y cinco de sus socios fueron posteriormente acusados y condenados en un tribunal federal en Fresno, recibiendo sentencias de hasta 11 años en prisión. Cuando termine su condena en prisión, Abarca serà deportada a México.
Abarca se declaró culpable al comienzo de este año, admitiendo su participación en una conspiración a largo plazo para cultivar, distribuir y poseer con la intención de distribuir marihuana. Ella reconoció su participación en la operación de cultivo de marihuana de Gómez-Gómez, que produjo al menos 49,206 plantas de marihuana, así como otra operación en el Condado de Tulare, que produjo al menos 8, 847 plantas de marihuana. Ambas operaciones utilizaron terrenos públicos en el Bosque Nacional Sequoia y causó daños importantes a la tierra y a los recursos naturales.
Este caso fue el producto de una investigación hecha por la Administración de Control de Drogas de los EE.UU. (DEA), el Servicio de Inmigración y Control de Aduanas (ICE), la Oficina de Investigaciones del Departamento de Seguridad Nacional (HSI), bajo el programa de Fuerzas Especiales Antidroga contra el Crimen Organizado (OCDETF). El programa OCDETF es la pieza central de la estrategia contra las drogas del Fiscal General de los Estados Unidos para reducir la disponibilidad de drogas, interrumpiendo y desmantelando organizaciones importantes de tràfico de drogas y organizaciones de blanqueo de dinero. El Servicio Forestal de los EE.UU., el Equipo Contra el Tràfico de Drogas en el Área de Gran Intensidad en la Parte Sur de los Tres Condados, la Oficina del Alguacil del Condado de Santa Ana, la Oficina del Alguacil del Condado de Kern, y el Departamento de Policía de Bakersfield también colaboraron en la investigación. Otras seis personas fueron acusadas y condenadas en un tribunal federal por varios delitos de drogas e inmigración como resultado de esta investigación de la OCDETF.
Cultivo en un Almacén de Bakerfield (No. 1:10CR379 AWI)
En otro caso en el Condado de Kern, Mark McGrath, 51, de Florida, fue sentenciado a dos años y dos meses de prisión, seguidos de cinco años de libertad vigilada, por conspirar para cultivar, distribuir y poseer con la intención de distribuir 1,161 plantas de marihuana encontradas en un almacén en un àrea industrial de Bakersfield. También se le ordenó registrarse como delincuente de drogas y entregar equipo de cultivo avaluados en miles de dólares.Según los documentos del tribunal, McGrath había sido reclutado desde Florida para ayudar a organizar una operación de cultivo de marihuana con fines de lucro. Las plantas de marihuana se valoraron en màs de $ 4 millones. Ademàs de las plantas, los agentes de drogas incautaron aproximadamente 54.8 libras de marihuana procesada por un valor de aproximadamente $219,200.
Este caso fue el producto de una investigación llevada a cabo por la DEA, el Departamento de Policía de Bakersfield, y la Oficina del Alguacil del Condado de Kern.
Cultivo en un Rancho del Condado de Kern (No. 1:12CR299 LJO)
Salvador Gallegos Jr., 22, de Bakersfield, fue sentenciado a 18 meses en prisión por conspirar para cultivar, distribuir y poseer con la intención de distribuir, 920 plantas de marihuana cultivadas sin permiso del propietario del terreno de un rancho privado en un àrea rural del Condado de Kern. En el lugar de cultivo, los agentes antidrogas también incautaron un par de libras de marihuana procesada y un rifle de asalto cargado con 24 balas. De acuerdo con su declaración de culpable al principio de este año, Gallegos fue reclutado para ayudar con el trabajo en el cultivo y fue traído al rancho el día antes por hombres no identificados.Este caso fue el producto de una investigación llevada a cabo por la DEA, la HSI, el Servicio Forestal de los EE.UU., y la Oficina del Alguacil del Condado de Kern bajo la Operación Mercury, una operación de ejecución y erradicación en seis condados iniciada el año pasado en el Valle Central para contrarrestar la proliferación de operaciones de cultivo de marihuana a gran escala en terreno agrícola. Hasta la fecha, la Operación Mercury ha tenido como resultado el procesamiento penal de 83 acusados federales y la incautación de 482, 479 plantas de marihuana, 4,714 libras de marihuana procesada, 82 armas, y $113,783 en efectivo.
Cultivo Agrícola de Alpaugh (No. 1:12CR234 LJO)
En otro caso de la Operación Mercury, Antonio Becerra Sànchez, también conocido como Antonio Íñiguez Becerra, 49, de Morgan Hill, se declaró culpable de conspirar para cultivar, distribuir y poseer con la intención de distribuir marihuana. Según los registros del tribunal, se encontró a Becerra cultivando marihuana en una parcela de 20 acres de terreno agrícola en la pequeña comunidad agrícola de Alpaugh en el Condado de Tulare. Agentes del orden público incautaron màs de 4,000 plantas de marihuana en una propiedad de Saúl Morales de 47 años, ocupada por él mismo, su esposa Juliana García Torres de 53 años y su hijo Gerardo Alfonso Morales de 20 años, quienes también son acusados pero han presentado una declaración de no culpables de varios delitos de tràfico de marihuana. Las acusaciones hechas a Morales, su esposa e hijo son solamente alegatos y los acusados son considerados inocentes hasta que y a menos que se pruebe su culpabilidad fuera de toda duda razonable.La sentencia de Becerra està programada para el 8 de julio de 2013. Le espera una pena mínima obligatoria de 5 años en prisión y un màximo de 40 años en prisión y una multa de $ 5 millones. La sentencia real, sin embargo, se determinarà a discreción del tribunal después de considerar cualquier factor aplicable legislativo de sentencia y las Normas Federales de Sentencia. Después de terminar su sentencia en prisión, Becerra estarà sujeto a la deportación a México.
Este caso es producto de una investigación llevada a cabo por la DEA, la HSI, la Agencia de Control de Alcohol, Tabaco y Armas de Fuego (ATF), y la Oficina del Alguacil del Condado de Tulare.
Cultivo Agrícola en el Condado de Fresno (No. 1:11CR357 AWI)
Shavane Bouasangouane, 44, de Fresno, se declaró culpable hoy de mantener una operación de cultivo de marihuana en un terreno agrícola en Armstrong Avenue, Fresno, donde residía.Según documentos del tribunal, Bouasangouane estaba involucrado en el cultivo y procesamiento de màs de 800 libras de marihuana que pertenecían a él y a su hermano, Reney Bouasangouane, 48, quien es también acusado en el caso y ha presentado un alegato de no culpable. Se supone que Reney Bouasangouane es inocente hasta que y a menos que se demuestre su culpabilidad fuera de toda duda razonable.
De acuerdo con el alegato de Shavane Bouasangouane, la marihuana era supuestamente para su propio uso médico. Sin embargo, no se encontraron en su residencia ni papeles para hacer cigarrillos, ni accesorios de fumador ni otros artículos usados para ingerir marihuana. La propiedad pertenece a Somluck y Damrong Pattanumotana, un médico de Fresno. Su hijo, Goon Pattanumotana, profesor de economía en Willow International en Fresno, es el dueño de otra propiedad en Sanger, donde agentes de policía han encontrado múltiples operaciones de cultivo de marihuana en gran escala en el pasado. Las propiedades de Sanger y Armstrong son el tema de acciones civiles de ejecución pendientes iniciadas por la Oficina del Fiscal General de los EE.UU. en Fresno y estàn siendo gestionadas por los Fiscales Adjuntos de los EE.UU. Kevin Khasigian y Alyson Berg.
La sentencia de Bouasangouane està programada para el 1 de julio de 2013, y contempla un tiempo màximo de prisión de 20 años y una multa de hasta $500,000. La sentencia real, sin embargo, se determinarà a discreción del tribunal después de considerar cualquier factor aplicable legislativo de sentencia y las Normas Federales de Sentencia.
Este caso es producto de una investigación llevada a cabo por la DEA, y la Oficina del Alguacil del Condado de Fresno.
El Fiscal Adjunto de los EE.UU. Karen A. Escobar està procesando todos los casos penales.
Possession of Assault Rifle Nets East St. Louis Man A Prison Sentence of Eight YearsRead the Press Release
Willie Springer, 36, of East St. Louis, Illinois, was sentenced to 8 years in prison on Friday, April 19, 2013, by the United States District Court, for Unlawful Possession of a Firearm by a Previously Convicted Felon, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Springer was also ordered to pay a $100 special assessment, a $375 fine and to serve a term of 3 years of supervised release following imprisonment. There is no parole in the federal system. Springer has been in custody since his arrest on July 16, 2012.
“I believe that everyone is fed up with people who illegally possess firearms.” said United States Attorney Wigginton. “I am gratified that the Court, by its sentence, sends a very clear message – Do not illegally possess weapons on our streets.”
Court documents establish that on July 16, 2012 at 12:30 a.m., an Illinois State Trooper initiated a traffic stop on a vehicle with no front or rear registration plates. As the vehicle came to a stop, the passenger, later identified as Willie Springer, jumped out of the vehicle holding a black SKS assault rifle. Springer then fled from the Trooper into the courtyard of an occupied apartment complex. Springer ignored repeated commands to stop and drop the firearm, at which time the Trooper gave the command for his K9 officer to apprehend Springer. The firearm was determined to be a Norinco SKS M semi-automatic rifle, 7.62 x 39 mm caliber. During a search of the suspect’s vehicle, Illinois State Police officers recovered a 50-round American Tactical magazine that fit the SKS rifle, a black hooded zombie-style Halloween mask, a white Jason-style Halloween mask, and open alcohol.
The investigation was conducted by the WAVE Task Force. The WAVE Task Force focuses its efforts on combating violent crime in East St. Louis, Washington Park, and surrounding communities.
The case was prosecuted by Assistant United States Attorney Ali Summers.
Portland Man Sentenced on Drug and Mortgage Fraud ChargesRead the Press Release
PORTLAND, Ore. – On Wednesday, April 17, 2012, Oregon District Judge Michael W. Mosman sentenced Tu Ngoc Tran, 38, of Portland, Oregon, to 63 months in prison following his conviction in a jury trial on drug and wire fraud charges on December 7, 2012. The federal jury convicted Tran of one count of conspiracy to manufacture and distribute marijuana, two counts of manufacturing marijuana, one count of making a false statement on a loan application and one count of wire fraud. He was ordered to pay $341,112.83 in restitution to the victim lender, as well as a money judgment of $346,859.86.
Three other conspirators pleaded guilty to related offenses in this case. Minhthy Ngoc Tran pleaded guilty to conspiracy to manufacture or distribute marijuana and conspiracy to commit wire fraud. Huy Anh Nguyen pleaded guilty to manufacturing marijuana and conspiracy to commit wire fraud. Kiet Anh Nguyen pleaded guilty to conspiracy to commit bank larceny, a misdemeanor.
In late 2010, law enforcement officers from the Multnomah County Sheriff’s Office Special Investigations Unit (SIU) and the Clark Skamania Task Force (CSTF) in the Western District of Washington received an anonymous letter describing Tran’s involvement in illegal marijuana trafficking and mortgage fraud in Oregon and Washington. The letter described Tran’s use of two men as “straw buyers” to secure a loan of $350,000 that he used to buy a residence in Portland where he built a sophisticated marijuana production and distribution site.
In late December of 2010 and early January of 2011, members of the Multnomah County Sheriff’s Office, the Clark Skamania Drug Task Force, the Federal Bureau of Investigation (FBI), and the Regional Organized Crime Narcotics Task Force executed search warrants at four residences in Oregon and Washington used as illegal marijuana grow operations by Tran and his associates. Officers found a sophisticated marijuana grow room with 225 marijuana plants, extensive indoor growing and packaging equipment, and a money counter at Tran’s residence. They seized more than 50 pounds of processed marijuana with an estimated value of $160,000. At the Vancouver, Washington residence owned by co-defendant Nguyen, officers found another sophisticated marijuana growing site operated by Tran with 238 marijuana plants.
Tran initially claimed to be growing marijuana for 10 people under the Oregon Medical Marijuana Program (OMMP). However, an OMMP representative advised law enforcement that Tran was not registered to grow marijuana for anyone other than himself and that the locations he used were not registered with OMMP as authorized marijuana grow sites.
“This case is another example of criminals exploiting state medical marijuana programs to disguise drug trafficking and money laundering operations,” said U.S. Attorney Amanda Marshall. “This defendant concealed his illegal drug cultivation and distribution business behind state medical marijuana cards. He concealed his illegal proceeds in fraudulent real estate transactions. The jury who heard this case saw through those lies and concluded the defendant is a drug dealer and a fraud. The sentencing judge imposed an appropriate sentence for his illegal conduct.”
This case was investigated by the Multnomah County Sheriff’s Office, the Regional Organized Crime Narcotics Task Force, the Clark Skamania Drug Task Force, and the Federal Bureau of Investigation (FBI). The case was prosecuted by Assistant U. S. Attorneys Jennifer Martin, Robert Nesler and AnneMarie Sgarlata.
Pittsburgh Man Sentenced to 9 Years in Prison for Distributing Child PornographyRead the Press Release
PITTSBURGH, Pa. - A resident of Allegheny County has been sentenced in federal court to 108 months imprisonment, to be followed by 10 years of supervised release, on his conviction of Distribution of Material Depicting the Sexual Exploitation of a Minor, United States Attorney David J. Hickton announced today.
United States District Judge Terrence F. McVerry imposed the sentence on James W. Vertullo, 51.
According to information presented to the court, on or about Feb. 19, 2012, and Feb. 26, 2012, Vertullo distributed images in computer graphics files containing material depicting the sexual exploitation of minors, as well as knowingly received visual depictions of minors engaged in sexually explicit conduct by computer. It was also alleged that on or about Feb. 29, 2012, Vertullo possessed visual depictions, namely, images and videos in computer graphics files, the production of which involved the use of minors engaging in sexually explicit conduct.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Bureau of Immigration and Customs Enforcement, Homeland Security Investigations for the investigation leading to the successful prosecution of Vertullo.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Pittsburgh Man Convicted on Firearms Violations Sentenced to 92 Months in PrisonRead the Press Release
PITTSBURGH, Pa. - On Thursday, April 11, 2013, Ebon P. D. Brown, a/k/a "E-Murder" was sentenced in federal court to 92 months of incarceration on his conviction of violating federal firearm laws, United States Attorney David J. Hickton announced today.
Brown, 28, was tried before United States District Judge Joy Flowers Conti in Pittsburgh.
According to Assistant United States Attorney Ross E. Lenhardt, who prosecuted the case, the evidence presented at trial established that Pittsburgh Police Impact Unit Detectives observed Brown removing an object from his waistband and hiding it under his seat. The object was determined to be a 9mm semiautomatic handgun loaded with 10 rounds.
The defendant's tattoos include "E Murder 187" on his arm and two smoking semiautomatic handguns on his back with "crimeythugs.com" written between them. As shown by the recent 2010-2011 ABC television show "Detroit 187" about that city's leading homicide investigators, 187 is a common street term for murder derived from section 187 of the California Penal Code. The defendant's criminal history includes juvenile arrests, starting at the age of 13, for assault, credit card fraud, heroin possession and possession of a pistol with the serial number obliterated. As an adult, Brown has had felony drug convictions, including for the Delivery of Heroin, in the Allegheny County Court of Common Pleas. The defendant's girlfriend Brittany McCoy bought the 9mm pistol Brown was found to have possessed while the defendant was working to be released from federal prison in New Jersey. The defendant was serving a sentence there as a result of his federal convictions on a federal heroin distribution charge and carrying a loaded .40 caliber handgun during his drug trafficking.
The defendant recently finished serving a 14-month sentence for violating his federal supervised release on that prior federal case.
Judge Conti noted that Brown had a serious criminal record that required her to impose a lengthy sentence to protect the public.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Ebon "E-Murder" Brown, with valuable assistance from the Allegheny County Department of Laboratories and the United States Probation Office.
Pittsburgh Man Conspired to Falsify Firearms Records to Illegally Obtain GunsRead the Press Release
PITTSBURGH, Pa. - A resident of Pittsburgh pleaded guilty in federal court to a charge of violating federal firearms laws, United States Attorney David J. Hickton announced today.
Eric Beverly, 20, pleaded guilty to one count before Senior United States District Judge Donetta W. Ambrose.
In connection with the guilty plea, the court was advised that from in or around June 2012, and continuing thereafter to on or about July 27, 2012, Beverly conspired with a known individual to falsify firearms transaction records in connection with the purchase of two firearms. Specifically, the individual indicated on the ATF purchase records that the firearms were being purchased for herself when, in truth, the firearms were being purchased for Beverly, who was prohibited from purchasing and possessing firearms due to his age.
Beverly was one of seven individuals charged in February 2013 as part of a Western Pennsylvania law enforcement initiative to vigorously enforce federal and state firearms laws that target prohibited possessors.
Judge Ambrose scheduled sentencing for Aug. 13, 2013, at 11:00 a.m. The law provides for a total sentence of five 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 Charles A. Eberle is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Eric Beverly. This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
Pittsburgh Man Admits Possessing Powder Cocaine and CrackRead the Press Release
PITTSBURGH, Pa. - An Allegheny County resident has been convicted of violating federal narcotics trafficking laws, United States Attorney David J. Hickton announced today.
Edward Harris, 38, of Pittsburgh, pled guilty during a hearing conducted by United States District Court Judge Maurice B. Cohill, Jr., to possessing over 100 grams of powder cocaine on June 18, 2010, with intent to distribute. Harris also pled guilty to possessing over five grams of crack cocaine on January 27, 2011, with intent to distribute. Both crimes were committed in Allegheny County.
Judge Cohill scheduled sentencing to occur on Aug. 7, 2013, at 11:00 a.m.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Pittsburgh Bureau of Police conducted the investigation leading to the conviction in this case.
Philadelphia Man Sentenced for False Claim of Explosives on A PlaneRead the Press Release
PHILADELPHIA - Kenneth W. Smith, Jr., 26, of Philadelphia, PA, was sentenced today, in federal court, to 15 months in prison for calling in a hoax regarding explosives on a commercial aircraft on September 6, 2012. Smith was targeting a male passenger on a flight from Philadelphia to Dallas, Texas when called police to falsely report that the individual had carried liquid explosives on to the plane. Smith’s motive, according to his statement to authorities after his arrest, was to “avenge” a female that both men knew. As a result of Smith’s actions, the airplane was turned around mid-air and law enforcement agents stormed the plane.
Smith pleaded guilty on January 14, 2013 to malicious false information about an explosive, and false information and hoaxes. In addition to the prison term, U.S. District Court Judge Gene E.K. Pratter ordered Smith to: write a letter of apology to each of the passengers on board the plane, pay restitution of more than $17,000 to USAir, law enforcement and the victims on the plane for costs associated with his crime, pay $200 in special assessments, and complete three years of supervised release to include 100 hours of community service per year.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, the Philadelphia Police Department, the Transportation Security Administration, and the U.S. Department of Transportation Office of Inspector General. It was prosecuted by Assistant United States Attorney Jennifer Arbittier Williams.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Pennsylvania Man Sentenced for Taking Migratory Waterfowl Without A Proper LicenseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pennsylvania man, convicted of the Unlawful Taking of Migratory Waterfowl, was sentenced on April 15, 2013 by U.S. Magistrate Judge John E. Simko.
Mike Evangelista, age 43, was sentenced to 3 years of probation; $4,500 in restitution (joint and several with co-defendants) to the U.S. Fish and Wildlife Service for the cost of their undercover hunt; $200 in restitution to South Dakota State Game, Fish and Parks Department for the illegally taken waterfowl; a $500 fine; and a $25 special assessment.
Evangelista was indicted in April of 2012 by a federal grand jury for Conspiracy to Violate the Lacey Act, Failure to Lawfully Tag Migratory Birds, and aiding and abetting the Illegal Sale and Possession of Wildlife in Violation of Migratory Bird Act. He pled guilty to a Superseding Information charging him with Aiding and Abetting the Unlawful Taking of Waterfowl Without a Proper License on April 15, 2013.
The conviction stems from an incident that occurred in the fall of 2009 in Marshall County, South Dakota when Evangelista, while employed as a waterfowl guide for Windy Hill Outfitters, aided and abetted the unlawful taking of ducks by three female hunters who did not have valid hunting licenses.
The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Northampton Man Sentenced to 18 Months in Prison for Attempted Enticement of Minor to Produce Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Northampton County man was sentenced today in Harrisburg before U.S. District Court Judge Christopher C. Conner for attempting to entice a minor to produce child pornography.
Alan Stroppa was sentenced to an 18-month term of imprisonment, 10 years of supervised release and a $100 fine.
According to United States Attorney Peter J. Smith, in January 2012, Stroppa, age 46, of Bath, Pennsylvania, began communicating with an undercover United States Postal Inspector in Harrisburg who presented himself online as a 12-year-old girl. For several months Stroppa regularly communicated via the internet and text messages with the “girl.” Stroppa attempted to entice the “girl” to produce a sexually explicit video and photographs of herself. Pursuant to Stroppa’s requests, the purported videos were sent through the mail to a Northampton business. On June 14, 2012, Stroppa accepted the package when delivered and was arrested shortly thereafter by federal and local law enforcement.
Stroppa was indicted in July 2012 and pleaded guilty in November 2012.
The case was investigated by the United States Postal Inspection Service with the assistance of the Office of Homeland Security Investigations and Northampton Police Department. Assistant United States Attorney Michael A. Consiglio prosecuted the case.National Crime Victims' Rights Week 2013Read the Press Release
New Challenges. New Solutions
CHARLOTTESVILLE, VIRGINIA -- Crime impacts tens of millions of Americans every year. It not only deprives victims of property and physical safety, but also shakes their sense of security and peace. Crime victimization has significant emotional, physical and financial consequences for victims, families, friends and communities.
Only 30 years ago, crime victims had no rights, access to compensation, or services to help rebuild their lives. They were often excluded from courtrooms and treated as an afterthought by the criminal justice system.
Through decades of advocacy and hard work, we have come a long way. Today, every state has enacted crimes victims’ rights laws and established crime victim compensation funds. More than 10,000 victim service agencies help victims throughout the nation. Every year, states and localities receive millions of federal dollars to support these services.
These resources help survivors of crime bravely face the task of reshaping their lives after victimization. Through participation in the criminal justice process, crime victims today routinely obtain access to counseling and other victim assistance services, secure restitution or forfeiture to provide financial recovery, and ensure that their voices are heard by judges as cases are resolved.
This month, the Department of Justice will join with people across the country to recognize National Crime Victims’ Rights Week (April 21-27), a time to honor local champions of crime victims’ rights. This year’s theme – New Challenges. New Solutions. – highlights the ongoing effort to provide needed services to crime victims of every kind. During this week we will honor victims and salute victim advocates and criminal justice professionals who fight for heighted awareness of victim’s issues.
On Wednesday, April 24 at 2 p.m., leaders from across Central Virginia will honor National Crimes Victims’ Rights Week during a ceremony at Darden Towe Park in Charlottesville.
Leaders from the City of Charlottesville, Albemarle County, Greene County, Louisa County, the Department of Homeland Security, The Shelter for Help in Emergency, the Charlottesville/Albemarle County Domestic Violence Advocate and the Sexual Assault Resource Agency will join together to commemorate the power and strength shown by victims of crime. We will release biodegradable balloons honoring those who have advanced the cause of victims’ rights in the areas of domestic violence and stalking, violent crimes, crimes against the elderly, human trafficking, white collar and financial fraud, sexual assault and crimes against children and for those victims who have yet to be identified.
Please join us on Wednesday, April 24 at 2 p.m. in Darden Towe Park to honor those who have advanced the cause of victims’ rights – an effort that impacts us all.
This event is being sponsored by the victim/witness advocacy programs from: Albemarle County, the United States Attorney’s Office for the Western District of Virginia, the City of Charlottesville, Fluvanna County, Greene County, Homeland Security Investigation, and the Sexual Assault Resource Agency, the Shelter for Help in Emergency and the Albemarle/Charlottesville Domestic Violence Advocacy Program.
Mortgage Broker Pleads Guilty in Two Separate Fraud Schemes Resulting in Losses of over $2 MillionRead the Press Release
Falsified Home Buyers’ Information to Generate Fraudulent Loan Applications
in Order to Collect Commissions, Origination and Broker’s FeesGreenbelt, Maryland - Emeka Udeze, age 38, of Bowie, Maryland, pleaded guilty today to conspiring to commit wire fraud in connection with two separate mortgage fraud schemes which resulted in over $2,013,478 of actual losses to mortgage lenders.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge David Beach of the United States Secret Service – Washington Field Office; Inspector General Jon T. Rymer of the Federal Deposit Insurance Corporation; Special Agent in Charge Joe Clarke of the Housing and Urban Development Office of Inspector General - Office of Investigations; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Special Agent in Charge Gene E. Morrison, Washington Field Office, U.S. Department of Justice Office of the Inspector General; Howard County Police Chief William McMahon; Acting Special Agent in Charge Lisa Quinn of the United States Secret Service – Baltimore Field Office; and Howard County State’s Attorney Dario Broccolino.
According to his plea, Udeze was a licensed mortgage broker who worked at various companies, including Newgate Mortgage, owned by co-defendant Shola Risikat Balogun, and EWA Mortgage. Udeze also registered a Maryland company called E&T Consulting, Inc., which he claimed was established to provide general services, among other things.Udeze admitted that in both schemes, he submitted fraudulent mortgage loan applications for buyers, inflating the buyer’s income and creating bogus employment information in an effort to qualify these individuals for loans that they otherwise were unqualified to secure. In some cases, no mortgage payments were made and the property went swiftly into default. In other cases, the borrowers attempted to make mortgage payments for a period of time until they could no longer make payments.
In the first scheme, from at least 2006 through at least December 2008, Udeze, Balogun and others contacted individuals who wished to purchase homes. The buyers, who typically had moderate to low incomes, provided the conspirators with accurate income and employment information. Udeze and others then submitted fraudulent loan applications on behalf of the buyers, inflated the buyer’s income and created bogus employment information in an effort to secure the loan. Udeze, Balogun, and others profited from these fraudulent transactions by collecting origination fees, commissions, yield spread premiums and broker’s fees from each loan that closed.
In a separate scheme, from May 2009 to January 2010, Udeze, co-defendant Niesha Williams, and others, arranged for individuals to buy and sell real estate so they could improperly obtain money from the transactions. Udeze, Williams and others submitted fraudulent loan applications, created multiple versions of settlement statements to deceive lenders, lien holders, buyers and sellers; and arranged for proceeds from mortgage transactions to be disbursed to shell companies created by Udeze and others in order to disguise that the money was really for their benefit. Co-conspirators also failed to make required disbursements of settlement funds to pre-existing lien holders, funneling the money instead to themselves.
For example, Udeze made arrangements for an individual, C.H., to purchase 4853 Brookstone Terrace, Unit 29, Bowie, Maryland 20720 from an individual with the initials D.H. Udeze also had a personal relationship with C.H., who trusted him. Udeze admitted that he prepared and sent a fraudulent loan application to the lender, which included false statements about C.H.’s employment, income, her bank accounts, and the bank account balances, so that C.H. could obtain a loan of approximately $250,000 and purchase the property for $255,000. Udeze and Williams prepared a false HUD-1 Settlement Statement for C.H. and the lender, which falsely represented that the purchase price of the property was $255,000. Udeze knew that Williams had prepared a second HUD-1 Settlement Statement for D.H., which listed a sales price of $200,000. The difference between the loan amount and the true sales price was $50,000 in extra cash at settlement. A total of $31,000 was sent from the title company’s escrow account to E&T Consulting, Inc., for Udeze’s benefit and Williams received $10,000 from the sale. These payments were not listed on the HUD-1 Settlement Statement.
As part of his plea agreement, Udeze will be required to pay restitution and forfeit $2,013,478, the amount of actual losses suffered by the mortgage lenders as the result of the at least 20 transactions Udeke brokered in furtherance of the fraud schemes.
Udeze faces a maximum penalty of 30 years in prison and a $1 million fine on each of the two counts of conspiracy to commit wire fraud. U.S. District Judge Peter J. Messitte did not set a date for sentencing.
Shola Risikat Balogun, age 46, of Upper Marlboro and Niesha Williams, age 33, of Fort Washington, Maryland, each previously pleaded guilty to their role in the fraud schemes. No sentencing date has been scheduled for them at this time.
The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available www.justice.gov/usao/md/Mortgage-Fraud/index.html.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.Monroe Lawyer Pleads Guilty to False Tax Claim ChargeRead the Press Release
MONROE, La. – United States Attorney Stephanie A. Finley announced that lawyer Francis C. Broussard, 53, of West Monroe, La., pleaded guilty before U.S. District Judge Robert G. James Friday to making false, fictitious, and fraudulent claims to the Internal Revenue Service (IRS) in an attempt to receive more than $9.7 million in tax refunds.
According to the Stipulated Factual Basis in the plea agreement, Broussard, who has been licensed to practice law in Louisiana since 1986, had his accountant prepare his 2005 through 2007 tax returns, but the defendant never filed them. Broussard did present the documents to various financial institutions in efforts to obtain personal loans and other types of financing. In 2009, the defendant went to a different tax preparer to have his personal tax returns prepared for 2005 through 2008. The defendant brought already-prepared federal tax returns along with a separate piece of paper with a set of numbers on it. The defendant instructed the preparer to use the set of numbers on Forms 1099-Original Issue Discount (OID) and on the Schedule B, Interest Income section of the form. The defendant’s fraudulent claim is based on the OID interest income. Broussard claimed that he received Forms 1099-OID from four banks. All four banks denied they issued any forms to Broussard for his tax returns.Additionally, the Stipulated Factual Basis states that IRS agents interviewed Broussard in February 2009 regarding the tax returns he submitted for 2005, 2006, and 2008. The 2007 false return reflecting a multi-million dollar return was mailed after IRS agents contacted the defendant. Broussard did not receive the requested refunds.
Broussard faces a maximum penalty of five years in prison, a $250,000 fine, and one year of supervised release for the false claim count.
The IRS criminal investigations unit conducted the investigation. Assistant U.S. Attorney Cytheria D. Jernigan is prosecuting the case.
Mexican National Sentenced for Federal Immigration Violation in EDTXRead the Press Release
Department of Justice
Office of Public AffairsMARSHALL, Texas – A 36-yesr-old Durango, Durango, Mexico, man has been sentenced to federal prison for immigration violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Juan Gallardo-Simental pleaded guilty on Nov. 15, 2012, to being unlawfully present in the United States after having been previously deported, and was sentenced to 14 months in federal prison on Apr. 19, 2013, by U.S. District Judge Rodney Gilstrap.
According to information presented in court, on Aug. 28, 2012, Gallardo was found at the Harrison County jail by federal agents. Further investigation revealed Gallardo was unlawfully in the United States after having been deported following a battery conviction in Benton County, Arkansas, in 2006. Gallardo was indicted by a federal grand jury on Sep. 12, 2012 and charged with immigration violations. Gallardo will be deported following the completion of this prison sentence
This case was investigated by the Harrison County Sheriff’s Office and the Homeland Security Investigations HSI-ICE and prosecuted by Assistant U.S. Attorney Allen Hurst.
Media AdvisoryRead the Press Release
Montgomery, Alabama - U.S. Attorney George L. Beck, Jr., and Drug Enforcement Administration ASAC Clay Morris will jointly hold a press conference to kick off the campaign on the most recent Prescription Drug Take Back/Medical Abuse Program. A press release will be provided at the conference. The press conference will be held on Wednesday, April 24, 2013, at 10:30 a.m., at the U.S. Attorney’s Office, 131 Clayton Street, Montgomery, Alabama, and the media is invited.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Mechanicsburg Doctor and Owner of Two Medical Facilities Pleads Guilty in Federal CourtRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Mechanicsburg doctor and owner of two Central Pennsylvania medical facilities pleaded guilty today in federal court in Harrisburg before U.S. District Judge Christopher C. Conner.
According to United States Attorney Peter J. Smith, Dr. Timothy Clark, age 44, is a medical doctor and pulmonologist and the sole owner of Central Pennsylvania Pulmonary Associates(CPPA) and Sleep Disorder Centers of Central Pennsylvania. In June 2012 and again in July, Clark was indicted by a federal grand jury in Harrisburg in separate indictments.
In June 2012, Clark was indicted on charges that from July 2010 through December 2011, as the owner of CPPA, and the trustee of the CPPA employee 401(k) Plan, he withheld employee 401(k) contributions and failed to deposit the withheld funds into their 401(k) Plan. Clark instead maintained the employee 401(k) contributions in bank accounts he controlled. Clark’s employees lost approximately $25,000 of their retirement funds.
In July 2012, Clark was indicted on charges that from December 2007 through September 26, 2008, Clark, who provided critical care services to patients of Holy Spirit Hospital, intentionally inflated the amount of time the healthcare providers he employed spent with each patient, thereby fraudulently inflating the health insurance claims Clark submitted to Medicare, Highmark, Inc., and Capital Blue Cross. The dollar amount of the fraudulent claims exceeded $500,000. In the indictment’s six money laundering counts, Clark was charged with transferring approximately $103,000 obtained through the healthcare fraud to CPPA payroll and money market accounts.
Today, Clark pleaded guilty to embezzlement from an employee benefit plan, executing a scheme to defraud healthcare benefit programs in connection with the delivery and payment of healthcare benefits and money laundering.
Clark is scheduled for sentencing on July 29, 2013.
The case involving the embezzlement from an employee benefit plan was investigated by the United States Department of Labor, Employee Benefits Security Administration, the United States Department of Labor, Office of Inspector General, the United States Department of Health and Human Service, Office of Inspector General, and the Federal Bureau of Investigation.The case involving the health care fraud and money laundering was investigated by the Pennsylvania Office of Attorney General, Insurance Fraud Section; the United States Department of Health and Human Services, Office of Inspector General; the Internal Revenue Service, Criminal Investigations; and the Federal Bureau of Investigation.
Both cases are being prosecuted by Assistant United States Attorney Joseph J. Terz.
Man Who Owned Strip Club in Salina, Kan. Sentenced for Tax EvasionRead the Press Release
TOPEKA, KAN. – A man who owned a strip club in Salina has been sentenced to three years federal probation for filing false tax returns and underpaying his federal income taxes, U.S. Attorney Barry Grissom said today. He also was ordered to pay $153,510, the full amount of taxes he owes.
Kirk Roberts, 49, Salina, Kan., pleaded guilty to three counts of filing false income tax returns for tax years 2006, 2007 and 2008. In his plea, he admitted that while he was the owner of Wild, Wild West, Inc., a strip club in Salina, he failed to report cash receipts totaling $537,942. As a result, he underpaid his federal income taxes by $153,510.
The club collected $3 to $5 cash per night per customer for door cover charges. It also collected between $25 and $50 per night in cash for house fees paid by dancers so they could dance on stage, as well as $35 per half hour in cash paid by dancers for using private rooms or “champagne rooms.”
The cash from the fees was not recorded on the business’ cash register. Rather than depositing the cash into the business’ bank account, Roberts deposited the money into a personal account.
Grissom commended the Internal Revenue Service and Assistant U.S. Rich Hathaway for their work on the case.
Local Man Pleads Guilty to Counterfeit Check ChargesRead the Press Release
St. Louis, MO - KENTON BINKHOLDER, St. Louis, admitted with his plea to producing checks of a phony company and passing them in the St. Louis area in July of 2012.
Binkholder appeared before U.S. District Judge Rodney W. Sippel and is in custody awaiting sentencing. Sentencing has been set for July 18, 2013.
This charge carries a maximum penalty of 10 years in prison and/or a fine up to $250,000.
The case was investigated by the St. Louis Police Department and the U.S. Secret Service. Assistant United States Attorney Tom Albus is handling the case for the U.S. Attorney’s Office.
Lauderdale County Doctor Sentenced for Health Care and Wire FraudRead the Press Release
FLORENCE – A federal judge today sentenced a Lauderdale County physician to one year and a day in prison for health care fraud totaling about $1 million in connection with billing a health insurer and Medicare for non-reimbursable cosmetic skin treatments, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein.
U.S. District Judge Inge P. Johnson sentenced DIANA K. McCUTCHEON, 55, of Killen, on four counts of health care fraud and two counts of wire fraud. Judge Johnson ordered McCutcheon to pay of restitution of $990,389 to Blue Cross Blue Shield of Alabama and Medicare. She also must pay the same amount to the government as proceeds of illegal activity. McCutcheon agreed to the forfeiture in her plea agreement with the government. She pleaded guilty to the charges in November.
"This defendant carried on a scheme for several years, fraudulently billing private and public insurance plans for payments she was not entitled to," Vance said. "That kind of fraud drives up health care and insurance costs for everyone. It will not be tolerated," she said.
"This is not a victim-less crime'" Schwein said. "Every person who struggles to pay for health care benefits; every older person who worries about Medicare's ability to cover them; every taxpayer who helps fund these programs are all victims. We will continue to work together with our partners to identify and stop those who would line their own pockets with taxpayer money – those who seek to benefit at the expense of our health care system, our economy, and our collective well-being," he said.
McCutcheon conducted her fraud through her medical clinics in Elgin and Lexington in North Alabama. According to court records, she operated a scheme to defraud Blue Cross Blue Shield and Medicare between 2007 and 2011 by fraudulently billing for the removal of multiple skin lesions on patients who had received cosmetic laser and other treatments for various skin conditions. The conditions included sun spots, age spots and wrinkles and were not covered by insurance.The FBI, with assistance from the U.S. Department of Health and Human Services, investigated the case. Blue Cross Blue Shield of Alabama also assisted in the investigation. Assistant U.S. Attorneys Russell E. Penfield and Ramona Albin are prosecuting the case.
Jemez Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Jerome Dominic Concha, 20, a member and resident of Jemez Pueblo, pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Concha was arrested on Jan. 10, 2013, on a criminal complaint charging him with assault with a dangerous weapon. In Feb. 2013, Concha was indicted and charged with assault resulting in serious bodily injury. According to court records, on Jan. 1, 2013, Concha repeatedly struck another Jemez Pueblo man in the face and head with a hatchet in a residence on Jemez Pueblo.
During this morning’s proceedings, Concha pled guilty to the indictment and admitted assaulting the victim with a hatchet. The victim sustained serious injuries, including a depressed skull fracture, a fracture to the jaw and upper palate, and the loss of multiple teeth, as a result of the assault.
Concha has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Concha faces a maximum penalty of ten years in prison, a $250,000 fine and three years of supervised release.
The case was investigated by the Albuquerque office of the FBI, with assistance from the Jemez Pueblo Police Department, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Jefferson County Man Arrested for Child Exploitation ViolationsRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas — A 32-year-old Port Neches, Texas man has been arrested on child exploitation charges in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Christopher Dale Harrison was arrested on Apr. 19, 2013 pursuant to a federal criminal complaint charging him with possession, distribution, receipt, and production of child pornography. Harrison appeared before U.S. Magistrate Judge Keith F. Giblin today.
This case is being prosecuted 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.
If convicted, Harrison faces up to 30 years for the production charges and up to 10 years for the other charges.
This case is being investigated by the Homeland Security Investigations HSI-ICE, the Port Neches Police Department, the Beaumont Police Department, and the Orange County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Michelle Englade.
It is important to note that an arrest, indictment, or complaint should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.Harrison County Man Sentenced for Drug TraffickingRead the Press Release
Department of Justice
Office of Public AffairsMARSHALL, Texas – A 56-year-old Karnack, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
David Lynn Sirmans pleaded guilty on Dec. 17, 2012, to manufacturing methamphetamine and was sentenced to 60 months in federal prison on Apr. 19, 2013, by U.S. District Judge Rodney Gilstrap.
According to information presented in court, Sirmans was involved in a conspiracy with others to purchase cold pills containing pseudoephedrine at multiple pharmacies across East Texas. Sirmans admitted to using the cold pills to manufacture methamphetamine at his residence near Karnack.
Sirmans, along with 16 co-defendants, was indicted by a federal grand jury on Feb. 1, 2012 and charged with federal drug trafficking violations
This case was investigated by the Texas Department of Public Safety Criminal Investigations Division and the Harrison County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Allen Hurst.Harrison County Man Sentenced for Dealing Meth in East TexasRead the Press Release
Department of Justice
Office of Public AffairsMARSHALL, Texas – A 56-year-old Marshall, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Adrian Denova Sanchez pleaded guilty on Jan. 30, 2013, to conspiracy to possess with intent to distribute and distribution of methamphetamine and was sentenced to 127 months in federal prison on Apr. 19, 2013, by U.S. District Judge Rodney Gilstrap. Sanchez was also ordered to forfeiture of $10,000.00 to the U.S. Marshal Service.
According to information presented in court, between November 2009 and October 2012, Sanchez was involved in a conspiracy to manufacture and distribute methamphetamine and cocaine in East Texas. Sanchez admitted to distributing over 50 grams of methamphetamine and selling a semi-automatic pistol during the conspiracy. Sanchez and four others were indicted on Nov. 7, 2012 and charged with federal drug and gun crimes.
This case was investigated by the Federal Bureau of Investigation, the Marshall Police Department, the Harrison County District Attorney’s Office, the Harrison County Sheriff’s Office and the Texas Department of Public Safety-Special Crimes and prosecuted by Assistant U.S. Attorney Allen Hurst.
Frederick Man Exiled to 6 Years in Prison for Carrying A Gun During A Drug Trafficking CrimeRead the Press Release
Baltimore, Maryland - U.S. District Judge Catherine C. Blake sentenced Tavares Bowie, age 35, of Frederick, Maryland, today to six years in prison followed by five years of supervised release for carrying a firearm during a drug trafficking crime. Bowie also pleaded guilty today.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Frederick County State’s Attorney J. Charles Smith; and Frederick Police Chief Thomas J. Ledwell.
According to Bowie's plea agreement, on September 3, 2012, Frederick Police officers received a report of a man with a gun at a bar in the area of 325 Market Street. Officers saw Bowie, who matched the description of the person described in the 911 call, walking on Market Street, carrying a small handgun in his left hand. Officers recovered the gun, a .380 caliber handgun, and during a subsequent search of Bowie recovered a baggie containing 22 individually wrapped pieces of crack cocaine for street distribution from his pants pocket.
United States Attorney Rod J. Rosenstein commended the ATF, Frederick Police Department and Frederick County State’s Attorney=s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney John F. Purcell, who prosecuted the case.
Former Owner of Los Angeles Medical Equipment Supply Company Pleads Guilty to Conspiring to Defraud MedicareRead the Press Release
A former owner of a Los Angeles-area medical equipment supply company pleaded guilty today to conspiring with others to defraud Medicare, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney André Birotte Jr. of the Central District of California; Glenn R. Ferry, Special Agent in Charge for the Los Angeles Region of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG); and Bill L. Lewis, Assistant Director in Charge of the FBI’s Los Angeles Field Office.
Tigran Aklyan, 37, of Van Nuys, Calif., pleaded guilty before U.S. District Judge Michael W. Fitzgerald in the Central District of California to one count of conspiracy to commit health care fraud.
According to court documents, Aklyan was the owner and president of Las Tunas Medical Equipment Inc., a durable medical equipment (DME) supply company located in San Gabriel, Calif. Aklyan admitted that from approximately October 2007 through May 2009, he conspired with others to commit health care fraud through the operation of Las Tunas by providing medically unnecessary power wheelchairs and other DME to Medicare beneficiaries and submitting false and fraudulent claims to Medicare. Aklyan admitted that he paid the owners and operators of fraudulent medical clinics to provide him with prescriptions and supporting medical documentation for the power wheelchairs and DME that he billed to Medicare. Aklyan admitted knowing that the prescriptions and medical documents that the clinics produced were fraudulent, yet he certified to Medicare with the submission of each claim that the DME was medically necessary. Aklyan also admitted that he knew it was illegal for him to pay for prescriptions, but he did so anyway.
From approximately Dec. 17, 2007, through Feb. 20, 2009, Aklyan, through Las Tunas, submitted approximately $910,377 in fraudulent claims to Medicare for power wheelchairs and related services, and Medicare paid Las Tunas approximately $653,461 on those claims.
At sentencing, scheduled for Aug. 5, 2013, Aklyan faces a maximum penalty of 10 years in prison and a $250,000 fine.
This case is being prosecuted by Trial Attorneys David M. Maria and Blanca Quintero of the Criminal Division’s Fraud Section. The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Central District of California.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers. To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Former Kirtland Man Sentenced to Prison for Tax ViolationsRead the Press Release
A former Kirtland man was sentenced to more than two years in prison for filing false income taxes, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
John C. Hartman, age 61, previously pleaded guilty to two counts of filing false tax returns for the years 2005 and 2006. His tax returns omitted more than $360,000 in income obtained from relatives that he defrauded, according to court documents.
Hartman solicited the money from family members under the guise that he was going to invest their money in various investments such as stock, raw materials and real property. He never invested these funds. Instead, Hartman used these funds to pay for personal expenses, according to court documents.
Hartman also obtained money by telling his friends and family members that he needed funds to pay for outstanding tax obligations, a bad stock investment, and medical expenses for his sick wife. He obtained these funds under the guise of loans. Hartman had no such delinquent tax obligations or bad stock investments and his wife did not have the serious medical condition that Hartman described. Hartman had no intention to repay any of the funds he purported to be loans. Instead, Hartman spent the funds on personal expenses, according to court documents.
The unreported income from fraud for 2005 and 2006 was $230,000 and $136,500, respectively. The tax loss for 2005 and 2006 was $65,797 and $17,963, respectively.
This case is being prosecuted by Assistant United States Attorney Robert Patton and Special Assistant United States Attorney Perry D. Mastrocola, following an investigation by the Internal Revenue Service Criminal Investigation Division.
Former Jersey City Council Candidate Admits Mishandling ContributionsRead the Press Release
NEWARK – Former Jersey City Council candidate Lori Serrano today admitted to converting federal funds illegally for her own use, U.S. Attorney Paul J. Fishman announced.
Serrano, 41, of Jersey City, N.J., pleaded guilty before U.S. District Judge Jose L. Linares to a Superseding Information charging her with converting to her own use and the use of another up to $1,000 in money of the United States to which she was not entitled.
According to documents filed in this case and statements made in court:
Serrano, as a 2009 candidate for city council for Jersey City, had a duty truthfully to account to her campaign committee for contributions received and not to use committee funds for any improper purpose, such as for personal use. On March 30, 2009, and April 23, 2009, in Bayonne, N.J., Serrano accepted cash contributions from Solomon Dwek, who was cooperating with federal law enforcement agents. Serrano accepted those contributions with the intent to convert a portion of the money without the authority of the campaign committee. She applied up to $1,000 of that money to pay her own campaign expenses. The funds that Serrano admitted converting were federal funds given to Dwek by the FBI as part of the investigation.
The misdemeanor charge to which Serrano pleaded guilty carries a maximum potential penalty of one year in prison and a $100,000 fine. Serrano had been facing a mail fraud charge, which, according to the plea agreement, will be dismissed at the time of her sentencing. Sentencing is scheduled for Aug. 1, 2013.
Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Eric W. Moran of the U.S. Attorney’s Office Special Prosecutions Division.
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Defense counsel: Raymond L. Hamlin Esq., Newark
Serrano Superseding Information
Former Foreman Pleads Guilty to Violating Clean Air ActRead the Press Release
ROANOKE, VIRGINIA -- The former foreman of an asbestos company, hired to remove asbestos-containing materials from Virginia Tech’s Cowgill Hall in 2007, pled guilty this morning in the United States District Court for the Western District of Virginia in Roanoke for violating the Clean Air Act.
Edward K. Durst, 52, of Richmond, Va., was charged in a five count indictment in October 2012. Durst pled guilty, today, to one count of knowingly disposing of and causing the disposal of, regulated asbestos-containing materials in violation of the Clean Air Act and the federal regulations regarding proper handling of asbestos.
“The Clean Air Act requires construction officials to follow basic rules that ensure a safe and clean environment for future generations,” United States Attorney Timothy J. Heaphy said today. “When individuals like Mr. Durst violate this important environmental protection, this office and the Blue Ridge Environmental Task Force will hold them criminally accountable.”
"Asbestos is a known carcinogen, can cause other fatal diseases and has no safe exposure level,” said David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program in Virginia. “The defendant directed workers to sell the window frames to a recycling center rather than taking them to a facility equipped to handle hazardous wastes safely and legally. Unsafe disposal of any hazardous material endangers human health. This way of ‘doing business’ is both dangerous and criminal. EPA and its partner agencies will vigorously prosecute those who place profit ahead of public health and the environment.”
According to evidence presented at today’s hearing by Special Assistant United States Attorney David Lastra and Assistant United States Attorney Jennie Waering, Durst’s former employer, an asbestos abatement company, was hired to oversee the removal and disposal of asbestos-containing materials from Cowgill Hall on the campus of Virginia Tech in 2007. The materials were aluminum window frames with asbestos glazing.
Instead of properly handling, transporting and disposing of those materials, in compliance with the Clean Air Act, Durst, instructed others to remove and dispose of the window frames from a designated asbestos waste container and load them into unlabeled vehicles. Durst later instructed others to transport those materials to a metal recycling facility and kept the cash payments for the scrap aluminum.
At sentencing, the maximum possible penalty faced by the defendant is up to five years in prison and/or a fine of up to $250,000.
The investigation of the case began when the president of the asbestos abatement company became aware of Durst’s conduct and contacted the Virginia Tech Police Department. The federal investigation was conducted by the Blue Ridge Environmental Task Force, the Environmental Protection Agency, the Office of Inspector General United States Housing and Urban Development, the Virginia Tech Police Department and the Christiansburg Police Department. Special Assistant United States Attorney David Lastra (EPA Regional Criminal Enforcement Counsel) and United States Attorney Jennie L.M. Waering are prosecuting the case for the United States.Former Agriculture Commissioner Indicted for Misappropriating Department FundsRead the Press Release
LEXINGTON, KY - A federal indictment was unsealed today charging former Kentucky Agriculture Commissioner Richard Dwight Farmer Jr., with misusing and misappropriating money and property belonging to the Kentucky Department of Agriculture (KDA) during his tenure.
The indictment, filed Friday, April 19, charges Farmer, 43, with four counts of misappropriating property and funds of the KDA, a state agency that receives more than $10,000 annually in federal funds. Each of the four counts covers alleged misconduct occurring in separate calendar years beginning with 2008 and ending with 2011.
Farmer is also charged with one count of soliciting property of value in exchange for intending to be influenced in KDA matters.
According to the indictment, Farmer abused his authority throughout his tenure, using KDA funds to obtain rifles, clothes, hotel rooms, computer equipment and home appliances, all for himself, friends and family.
One example of Farmer’s alleged misuse of funds occurred in 2008, at the Southern Association of State Departments of Agricultural Conference held in Kentucky. The indictment alleges Farmer bought a surplus of gifts for participants and conference workers, such as rifles, watches, case knives, and personalized cigar boxes, and then kept the excess gifts for his personal use.
The indictment also alleges that Farmer misused his position to secure jobs for his friends. According to the indictment, Farmer directed the KDA to create several paid “Special Assistant” positions. He hired friends for these positions, and he ensured that they operated with little oversight and performed minimal official work. Some of these “Special Assistants” received state government salaries in exchange for performing home improvement projects and other personal services for Farmer.
Additionally, on multiple occasions, Farmer allegedly bought hotel rooms at the Kentucky State Fair for extended family using KDA’s money.
Another count in the indictment alleges that Farmer solicited and accepted property from an eastern Kentucky motor vehicle dealership, intending to be influenced in the decision in which he attempted to award KDA grant money to the dealership.
The U.S. Government is seeking the forfeiture of $450,000, which represents the approximate total amount of KDA money that Farmer allegedly misused.
The KDA is a state government agency that is funded, in part, with money provided by the federal government. The indictment alleges that the KDA receives millions of dollars annually in federal money.
Farmer was elected to two terms as Commissioner of Agriculture and was responsible for the supervision and administration of the KDA from January 2004 until January 2012.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, Perrye Turner, Special Agent in Charge, FBI, and Jack Conway, Kentucky Attorney General jointly announced the indictment today.
The investigation preceding the indictment was conducted by the Kentucky Attorney General’s Office and the FBI. The indictment was presented to the grand jury by Assistant U.S. Attorneys Kenneth R. Taylor and Andrew T. Boone, and trial attorney Sean Mulryne with the Public Integrity Section of the United States Department of Justice.
A date for Farmer to appear in court has not yet been scheduled. Each count carries a maximum penalty of 10 years in prison and up to a $250,000 fine. However, any sentence following a conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
Florida Woman Sentenced to Serve 72 Months<br /> in Prison for Conspiring to Distribute <br /> Prescription Drugs over the InternetRead the Press Release
Lina Rodriguez, 34, was sentenced today in the U.S. District Court for the Southern District of Florida to serve 72 months in prison, followed by 24 months of supervised release, for operating and facilitating the operation of an Internet-pharmacy business that illegally shipped over $1.5 million of pharmaceuticals since July 2007 to U.S. and overseas purchasers.
According to the Dec. 6, 2012, indictment, Rodriguez owned an Internet-pharmacy business used to advertise, sell and distribute a wide variety of controlled substances and prescription drugs in the United States and abroad. Since May 2009, her co-defendant, Michael P. Jackson, of Carmi, Ill., supplied Rodriguez with the prescription drug known as Adderall, which contains amphetamine, a Schedule II controlled substance.
The drugs distributed by Rodriguez’s business included Adderall, Ritalin (containing the controlled substance methylphenidate), Esbelcaps (containing a combination of the controlled substances fenproporex and diazepam ), and other controlled and non-controlled substances.
“This prosecution aims to curb the flow of dangerous drugs into the hands of United States citizens,” said Stuart F. Delery, Assistant Attorney General for the Civil Division of the U.S. Department of Justice. “The controlled substance drugs allegedly sold by the defendants were not dispensed by U.S. licensed pharmacies, and were not prescribed by any physician. Along with FDA, the U.S. Postal Inspection Service, and our other law enforcement partners, we will continue to protect our citizens from unsafe and potentially harmful drugs.”
Rodriguez pled guilty to the lead count of the indictment on Feb. 11, 2012, which charged her and Jackson with conspiring to possess with the intent to distribute Adderall. According to her plea agreement, Rodriguez agreed to forfeit two vehicles and not to oppose a judgment against her in the amount of $36,112, as gross proceeds of the offense to which she pleaded guilty. Jackson awaits sentencing on June 3, 2013.
The case was investigated by the Miami Field Office of the U.S. Food & Drug Administration’s Office of Criminal Investigations; the Miami Division of the U.S. Postal Inspection Service; and the Sacramento Field Office of the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Kevin J. Larsen of the U.S. Attorney’s Office for the Southern District of Florida, and Perham Gorji, Trial Attorney for the U.S. Department of Justice’s Consumer Protection Branch.
Florida Woman Sentenced to Serve 72 Months in Prison for Conspiring to Distribute Prescription Drugs over the InternetRead the Press Release
Lina Rodriguez, 34, was sentenced today in the U.S. District Court for the Southern District of Florida to serve 72 months in prison, followed by 24 months of supervised release, for operating and facilitating the operation of an Internet-pharmacy business that illegally shipped over $1.5 million of pharmaceuticals since July 2007 to U.S. and overseas purchasers.
According to the Dec. 6, 2012, indictment, Rodriguez owned an Internet-pharmacy business used to advertise, sell and distribute a wide variety of controlled substances and prescription drugs in the United States and abroad. Since May 2009, her co-defendant, Michael P. Jackson, of Carmi, Ill., supplied Rodriguez with the prescription drug known as Adderall, which contains amphetamine, a Schedule II controlled substance.
The drugs distributed by Rodriguez’s business included Adderall, Ritalin (containing the controlled substance methylphenidate), Esbelcaps (containing a combination of the controlled substances fenproporex and diazepam), and other controlled and non-controlled substances.
“This prosecution aims to curb the flow of dangerous drugs into the hands of United States citizens,” said Stuart F. Delery, Assistant Attorney General for the Civil Division of the U.S. Department of Justice. “The controlled substance drugs allegedly sold by the defendants were not dispensed by U.S. licensed pharmacies, and were not prescribed by any physician. Along with FDA, the U.S. Postal Inspection Service, and our other law enforcement partners, we will continue to protect our citizens from unsafe and potentially harmful drugs.”
Rodriguez pled guilty to the lead count of the indictment on Feb. 11, 2012, which charged her and Jackson with conspiring to possess with the intent to distribute Adderall. According to her plea agreement, Rodriguez agreed to forfeit two vehicles and not to oppose a judgment against her in the amount of $36,112, as gross proceeds of the offense to which she pleaded guilty. Jackson awaits sentencing on June 3, 2013.
The case was investigated by the Miami Field Office of the U.S. Food & Drug Administration’s Office of Criminal Investigations; the Miami Division of the U.S. Postal Inspection Service; and the Sacramento Field Office of the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Kevin J. Larsen of the U.S. Attorney’s Office for the Southern District of Florida, and Perham Gorji, Trial Attorney for the U.S. Department of Justice’s Consumer Protection Branch.
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.
FBI Arrests Suburban Chicago Man for Allegedly Supporting Terrorism OverseasRead the Press Release
CHICAGO – A suburban Aurora man who allegedly attempted to travel overseas to join a jihadist militant group operating inside Syria is scheduled to have a detention hearing after being arrested Friday night. Gary S. Shapiro, United StatesAttorney for the Northern District of Illinois, and Cory B. Nelson, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation, announced the arrest on Saturday.
ABDELLA AHMAD TOUNISI, 18, a U.S. citizen, was arrested without incident Friday at O’Hare International Airport by members of the Chicago FBI’s Joint Terrorism Task Force as he attempted to board a flight destined for Istanbul, Turkey. He was charged in a criminal complaint filed Saturday in U.S. District Court with one count of attempting to provide material support to a foreign terrorist organization. Tounisi appeared Saturday before U.S. Magistrate Judge Daniel G. Martin and is being held pending a detention hearing at 9:30 a.m. tomorrow before Magistrate Martin in Federal Court in Chicago.
In announcing the charge, Mr. Nelson said that the investigation that led to Tounisi’s arrest began in 2012 and there is no connection between his arrest and the events that occurred last week in Boston.
The complaint states that Tounisi is a close friend of Adel Daoud, of Hillside, who was arrested in September 2012 for allegedly attempting to detonate a bomb outside a Chicago bar, and that Tounisi and Daoud appeared to share an interest in violent jihad. While Tounisi allegedly discussed attack techniques and targets prior to Daoud’s arrest, Tounisi did not participate in Daoud’s attempted attack. Daoud has pleaded not guilty and remains in custody while awaiting trial.
According to the Tounisi complaint, from January to April 2013, Tounisi conducted online research related to overseas travel and violent jihad, focusing specifically on Syria and the Jabhat al-Nusrah terrorist group. Jabhat al-Nusrah is listed by the U.S. Department of State as an alias for al-Qa’ida in Iraq (AQI), a designated foreign terrorist organization. The complaint alleges that Tounisi searched online for information about travel from Chicago to Syria, obtained a new passport, and, beginning in late March 2013, made online contact with an individual Tounisi believed to be a recruiter for Jabhat al-Nusrah. That individual was in fact an FBI employee acting in an online undercover capacity. The complaint further alleges that Tounisi and the undercover employee exchanged a series of emails in which Tounisi shared his plan to get to Syria by way of Turkey, as well as his willingness to die for the cause. During the exchanges, Tounisi also sought advice from the undercover employee on travel from Istanbul to the Turkish city of Gaziantep, which lies near the border of Turkey and Syria.
The complaint states that on April 10, Tounisi purchased an airline ticket for a flight from Chicago to Istanbul and on April 18, the undercover employee provided Tounisi with a bus ticket for travel from Istanbul to Gaziantep. Tounisi arrived at O’Hare International Airport’s international terminal Friday evening and was arrested after passing through airport security.
If convicted, Tounisi faces a maximum penalty of 15 years in prison and a $250,000 fine.
The JTTF is comprised of Special Agents of the FBI, officers of the Chicago Police Department, and representatives from an additional 20 federal, state and local law enforcement agencies. The Justice Department’s National Security Division assisted in the investigation.
Mr. Nelson expressed his gratitude to U.S. Customs and Border Protection for the significant support provided by its officers during the arrest of Tounisi.
The public is reminded that a complaint is not evidence of guilt and that the defendant is presumed innocent and entitled to fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Complaint
Eric Dufresne Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on April 18, 2013, before Chief U.S. District Judge Dana L. Christensen, ERIC DUFRESNE, a 39-year-old resident of Stevensville, appeared for sentencing. DUFRESNE was sentenced to a term of:
Prison: 18 months
Special Assessment: $100
Forfeiture: Computers
Supervised Release: 15 years
DUFRESNE was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
As part of a Montana Internet Crimes Against Children Task Force investigation, the Missoula County Sheriff's Office determined an IP address was offering known child pornography files available for download via the Internet. A Missoula County Sheriff's Office detective determined DUFRESNE was the registered subscriber for the IP address. A search warrant for DUFRESNE's residence was obtained, and the residence was searched on March 27, 2012. Agents seized a laptop computer which they determined belonged to DUFRESNE.
During the search, DUFRESNE was interviewed. He admitted he used peer to peer software, FrostWire, on his laptop computer to download files which depicted videos and images of child pornography.
A certified forensic computer examiner analyzed DUFRESNE's laptop. The examiner located video and image files which depict children engaged in sexually explicit conduct. The files creation dates were between December 2011 and March 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DUFRESNE will likely serve all of the time imposed by the court. In the federal system, DUFRESNE 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 a cooperative effort between the Internet Crimes Against Children (ICAC) Task Force, the Missoula County Sheriff's Office, and the Montana Division of Criminal Investigation.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
East Hampton Man Admits Placing Fake Bomb in Front of East Hampton Middle SchoolRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the FBI, announced that SEAN DORAN, 21, of East Hampton, pleaded guilty today before Chief United States District Judge Alvin W. Thompson in Hartford to one count of intentionally conveying false or misleading information and a hoax by leaving a fake bomb device at the front doors of East Hampton Middle School on January 12, 2013.
“This type of crime threatens the sense of security that children and teachers are entitled to enjoy at their schools,” stated U.S. Attorney Fein. “Hoax crimes and threats to schools will be thoroughly investigated by our law enforcement partners and prosecuted by this office to the fullest extent permitted by law.”
“Public safety is critical in any civilized society,” stated FBI Special Agent in Charge Mertz. “To that end, the FBI will investigate and bring to justice those who threaten the sanctity of public life. The FBI wants to assure the citizens of the State of Connecticut and the Nation, that together with our federal, state and local partners, we are truly committed to identifying threats to public safety, as that is our first obligation.”
According to court documents and statements made in court, at approximately 8:00 a.m. on January 12, 2013, custodians at the East Hampton Middle School arrived to find a device leaning against the front doors of the school. The device was a rectangular box, approximately 12 inches by eight inches by four inches in size, taped together with orange and red duct tape, and a white egg timer on top. School employees contacted the East Hampton Police Department, which subsequently notified the Connecticut State Police Bomb Squad. The Bomb Squad arrived on the scene and determined that the device did not contain any explosives.
A review of the East Hampton Middle School’s surveillance video revealed that DORAN placed the fake bomb at the doors of the school at approximately 1:47 a.m. that day.
Chief Judge Thompson has scheduled sentencing for August 1, 2013, at which time DORAN faces a maximum term of imprisonment of five years and a fine of up to $250,000.
This matter has been investigated by the Federal Bureau of Investigation’s JTTF, the East Hampton Police Department, the New Haven Police Department and the Connecticut State Police. The case is being prosecuted by Special Assistant United States Attorney Anjna R. Kapoor.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Dothan Man Convicted in Securities Fraud SchemeRead the Press Release
Edward Lincoln Forehand Caused $3 Million in Losses to 87 Investors
Montgomery, Alabama - Edward Lincoln Forehand, age 68, of Dothan, Alabama, was convicted yesterday on charges of securities fraud, mail fraud, wire fraud, and money laundering, announced the U.S. Attorney’s Office for the Middle District of Alabama and the Alabama Securities Commission (ASC).
Between 2006 and November 2009, Forehand, used the business name “USA Marketing,” to solicit investments from people, mainly in South Alabama and the Florida Panhandle. Forehand told investors that he had a relationship with an individual, Vicky Yeager. Yeager had a business, Elite Marketing (“Elite”), which had agreements with colleges and universities to sell them cookware. Forehand solicited investments in Elite from his victims. He promised the victims extraordinarily high rates of return on their investment in Elite (up to 700%).
Rather than sending the all of the investor’s money to Elite, Forehand used large amounts of the money to pay prior investors and to buy property and other items for himself. In particular, during the period from 2006 to November 2009, Forehand received $6.2 million from investors but only sent $1,605,790 to Elite. Meanwhile, Forehand promised to pay out to investors over $19 million.
Forehand also failed to disclose that in August 2009, six checks from Elite to USA Marketing totaling $600,000 bounced, that Elite never made good on the checks, and that from that point forward, Forehand stopped sending any investor money to Elite. Forehand also concealed Yeager’s true identity and the fact that Yeager had two prior criminal convictions for fraudulent conduct.
On November 10, 2009, Yeager died. After Yeager’s death, Forehand paid no further funds to investors, and 87 investors lost $2,991,654 of the monies they had given Forehand to invest in Elite.
“Justice was accomplished,” stated Louis V. Franklin, Criminal Chief at the U.S. Attorney’s Office. “This conviction sends a message to all scam artists that stealing victim’s hard earned money from unsuspecting victims will not be tolerated and will be prosecuted to the full extent of the law.”
Alabama Securities Commission Director Borg said, "This Commission is proud to be able to combine our efforts and resources with those of the U.S. Attorney's Office, Middle District of Alabama, and the FBI, to achieve a just and strong conviction against Forehand. Hopefully, this verdict will provide some relief to the hundreds of victims involved in this case and send a strong message to financial scamsters or to anyone thinking of cheating Alabamians out of their hard-earned dollars."
Forehand’s sentencing hearing is set for August 2, 3013. Each of the eight mail and wire fraud counts carries a statutory maximum sentence of 20 years imprisonment. Each of the four money laundering counts carries a maximum 10 year sentence, and each of the two securities fraud counts carries a maximum 5 year sentence.
The case was investigated by Special Agents of the Alabama Securities Commission, the FBI and by the Dothan Police Department with special help from the United States Marshal Service. The case was prosecuted by Special Assistant United States Attorneys Steve P. Feaga and Gregory M. Biggs of the Alabama Securities Commission, and Assistant United States Attorneys Jared Morris and Tommie B. Hardwick.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Dooley Sentenced to 10 Years in Federal Prison for Felony Possession of A FirearmRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that Thomas R. Dooley Jr., 28, of Webster, La., was sentenced on Tuesday, April 16, 2013, by U.S. District Judge Maurice S. Hicks to 10 years in federal prison and three years supervised release for possession of a firearm by a convicted felon to be served after completion of his state prison term.
According to courtroom testimony, Dooley stole a .22 caliber handgun and used it to rob a Haughton, La., business on May 20, 2011. Haughton Police responded and stopped Dooley’s vehicle, but Dooley then sped away leading authorities on a high-speed chase. During the chase, Dooley fired his weapon at a pursuing officer, attempted to ram a Bossier Parish Sheriff’s Office vehicle, and caused another vehicle to crash. After turning down a dead-end road, Dooley lost control of his truck and his vehicle ran into a tree. Then, he fled on foot. The handgun was found in his truck with all nine rounds fired. Dooley was later apprehended by law enforcement.
Dooley entered a guilty plea on July 23, 2012, in the 26th Judicial District Court, Bossier and Webster parishes, and was sentenced to 40 years in prison on Nov. 20, 2012, for attempted first degree murder of a peace officer and armed robbery.
Dooley pleaded guilty to the federal charge on Dec. 12, 2012. Dooley’s 10-year federal sentence is to be served consecutive to the state court sentence, and the federal sentence begins to be served after he completes his 40-year state court sentence.
“The defendant put citizens and law enforcement officers in harm’s way during the high-speed chase,” Finley stated. “Possessing a firearm by a convicted felon is illegal, and our office will continue to prosecute these cases. We hope these sentences send a message that this type of crime will not be tolerated.”
The Haughton Police Department, Bossier Parish Sheriff’s Office, Webster Parish Sheriff’s Office, and the Shreveport office of the ATF conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted the case.
Department of Justice and the Department of Homeland Security Announce Safeguards for Unrepresented Immigration Detainees with Serious Mental Disorders or ConditionsRead the Press Release
WASHINGTON -- The Department of Justice (DOJ) and the Department of Homeland Security (DHS) will issue today a new nationwide policy for unrepresented immigration detainees with serious mental disorders or conditions that may render them mentally incompetent to represent themselves in immigration proceedings.
The policy entails implementation of new procedural protections, including: conducting screening for serious mental disorders or conditions when individuals held for removal proceedings enter a U.S. Immigration and Customs Enforcement Health Service Corps (IHSC)-staffed immigration detention facility; working with non-IHSC-staffed immigration detention facilities to identify detainees with serious mental disorders or conditions in those facilities; the availability of competency hearings and independent psychiatric or psychological examinations; procedures that will make available qualified representatives to detainees who are deemed mentally incompetent to represent themselves in immigration proceedings; and bond hearings for detainees who were identified as having a serious mental disorder or condition that may render them mentally incompetent to represent themselves and have been held in immigration detention for at least six months.
If verifiable documentation, medical records or other forms of evidence provide indication of mental incompetency, Immigration Judges will convene a competency hearing to determine whether the detainee is competent to represent himself or herself in immigration proceedings. When an Immigration Judge is unable to make a determination of mental competency based upon evidence already presented, the Immigration Judge will be authorized to order an independent examination and psychiatric or psychological report. The competency examinations will be administered through a program run by the DOJ Executive Office for Immigration Review (EOIR) and performed by an independent medical professional.
EOIR will make available a qualified representative to unrepresented detainees who are deemed mentally incompetent to represent themselves in immigration proceedings. Additionally, detainees who were identified as having a serious mental disorder or condition that may render them mentally incompetent to represent themselves and who have been held in immigration detention for at least six months will also be afforded a bond hearing.
DOJ and DHS believe these new procedures will provide enhanced protections to unrepresented immigration detainees with serious mental disorders or conditions that may render them mentally incompetent to represent themselves in immigration proceedings, and will facilitate the conduct of those proceedings. The Government expects these new procedures to be fully operational on a national basis by the end of 2013.