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3 June 2013
Political Consultant Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Jason Loera, 44, a political consultant and former resident of Albuquerque, N.M., was arrested Friday in Los Angeles, Calif., by the FBI. Loera’s arrest was based on an indictment alleging child pornography charges that was filed last week in the U.S. District Court for the District of New Mexico. Loera made his initial appearance in federal court in Los Angeles earlier this afternoon. Loera was released on a $20,000.00 bond and under electronic monitoring, and ordered to report to the federal court in Albuquerque to face the charges in the indictment.
The three-count indictment charges Loera with two counts of receiving visual depictions of minors engaged in sexually explicit conduct and one count of possessing visual depictions of minors engaged in sexually explicit conduct. According to the indictment, Loera allegedly committed these offenses in Sept. 2009 and Feb. 2010 in Bernalillo County, N.M.
If convicted of the offenses alleged in the indictment, Loera faces a maximum sentence of not less than five years or more than 20 years in prison. Loera also would be required to register as a sex offender. Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque Division of the FBI and the New Mexico Regional Computer Forensic Laboratory. It is being prosecuted by Assistant U.S. Attorney John C. Anderson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
Plano Man Guilty in Pipeline Bombing IncidentRead the Press Release
Department of Justice
Office of Public AffairsPLANO, Texas - A 33-year-old Plano, Texas man has pleaded guilty to federal charges related to an incident involving an explosive device in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Anson Chi pleaded guilty to possession of an unregistered firearm or explosive device and malicious use of explosive material today before U.S. District Judge Richard A. Schell. A superseding indictment was returned by a federal grand jury on Feb. 14, 2013, charging Chi with these violations.
According to information presented in court, on June 18, 2012, Chi possessed a destructive device or explosive that was not registered in the National Firearms Registration and Transfer Record. The explosive device was manufactured by Chi through the combination of chemicals to create methyl nitrate. Methyl nitrate is a highly volatile explosive capable of inflicting significant damage to persons or property. Chi admitted to obtaining the chemical formula for methyl nitrate and documents related to explosives from the Internet.
Chi also admitted to intentionally damaging an Atmos Energy pipeline by attaching the explosive device to the pipeline and igniting it. Chi admitted he intended for the explosion to damage the pipeline and disrupt the flow of natural gas through the pipeline.
As a result of his plea, Chi agreed to a combined sentence of 22 years in federal prison. A sentencing date has not been set at this time.
“Anson Chi meant to explode a natural gas pipeline that was located only a matter of yards from and ran through a Plano neighborhood,” said U.S. Attorney Bales. “Thankfully, he failed, but not because he lacked the will and the effort. The bomb built by Chi was extremely dangerous. The FBI Joint Terrorism Task Force and the Plano Police Department quickly responded to the explosion and their outstanding work secured the safety of the surrounding area as well as the conviction that we announce today. The security of our homeland is job number one for the Department of Justice and I am delighted to congratulate the agents and officers who worked very hard to secure Anson Chi’s conviction. The citizens of Collin County can rest assured that we will remain vigilant.”
“Today’s plea proves to those individuals who choose to disregard the laws of this country that placing our communities at risk will not be tolerated,” said Diego G. Rodriguez, Special Agent in Charge of the Dallas Division of the FBI. “The FBI and the Joint Terrorism Task Force continuously work to see that our nation remains safe.”
This case was investigated by the FBI, the FBI-Joint Terrorism Task Force, the Plano Police Department, and the ATF and prosecuted by Assistant U.S. Attorney M. Andrew Stover.
Paul Adams Sentenced to 36 Months in Federal Prison on Federal Tax Evasion ChargesRead the Press Release
Second Conviction for Former CPA and IRS Revenue Agent
GREENEVILLE, Tenn.-- On June 3, 2013, U.S. District Judge J. Ronnie Greer sentenced Paul Adams, 69 of Kingsport, Tenn., to serve 36 months in prison for federal tax evasion convictions.
Information at the sentencing hearing revealed that Adams formed a professional employer organization, employing 500 employees for 23 client companies. Adams performed clerical services for the 23 companies, including withholding federal payroll taxes and filing federal payroll tax returns. During a 17-month period of time, Adams calculated and collected the correct amount of withholding and payroll taxes, but reported and paid a much smaller number to the Internal Revenue Service and the Social Security Administration. Adams pocketed more than $2.5 million paid by his client companies and the employees which should have been paid to the Internal Revenue Service.
Adams disclosed his fraud after the IRS selected one of the client companies for random audit. He assisted the IRS in properly reporting the employees’ earnings to the Social Security Administration and assisted the United States in its investigation of others.
Judge Greer ordered Adams to pay restitution to the Internal Revenue Service in the amount of $2,535,745. Judge Greer also ordered Adams to remain on supervised release for three years after his release from prison and imposed special conditions restricting Adams’ ability to conduct any business dealings or offer any professional advice without approval by his probation officer. Judge Greer noted that Adams’ offense was a very serious one based on the circumstances of his conduct and his prior conviction for federal tax fraud in the 1980s. He cited the sophisticated nature of the offense and Adams’ abuse of a position of trust and use of special skills, Adams’ high risk to reoffend in the future, and the need to deter others during the sentencing hearing.
The information and subsequent conviction of Paul Adams was the result of an investigation conducted by the Internal Revenue Service - Criminal Investigation. Assistant U.S. Attorney Helen Smith represented the United States.
Nuevo Progreso Man Sentenced to Nearly 12 Years for Drug TraffickingRead the Press Release
BROWNSVILLE, Texas – Luis Alberto Hernandez-Garcia, an undocumented alien from Nuevo Progreso, Tamaulipas, Mexico, has been ordered to federal prison following his convictions related to a large drug trafficking conspiracy, United States Attorney Kenneth Magidson announced today. Hernandez-Garcia, 33, pleaded guilty to possessing with intent to distribute approximately 212 kilograms of cocaine and approximately 519 kilograms of marijuana on Nov. 29, 2012.
Today, U.S. District Judge Andrew S. Hanen sentenced Hernandez-Garcia to 140 months in federal prison. At the hearing, additional evidence was presented indicating that Hernandez-Garcia was responsible for recruiting and directing other co-conspirators in relation to transporting drugs destined to Atlanta, Ga. The sentence reflects a sentencing enhancement for his role as a recruiter within the conspiracy.
The case was investigated by the Drug Enforcement Administration, Homeland Security Investigations and the San Benito Police Department. Assistant United States Attorney Angel Castro prosecuted the case.
New Jersey Collector, Distributor of Child Sex Abuse Images Sentenced to More Than 24 Years in Federal PrisonRead the Press Release
NEWARK, N.J. – A Lodi, N.J., man was sentenced today in Newark federal court to 292 months in prison for amassing and sharing an extensive photo and video collection of children being sexually abused, U.S. Attorney Paul J. Fishman announced.
Martin Villalobos, 41, of Lodi, N.J., previously was convicted by a federal jury on all counts of the superseding indictment on which he was tried: two counts of distribution of child pornography, two counts of receipt of child pornography and one count of possession of child pornography. The sentence was imposed by U.S. District Judge Stanley R. Chesler, who also presided over the trial. Villalobos has been in federal custody since his arrest.
According to documents filed in the case, evidence presented and statements made in court:
As part of an undercover investigation, special agents of the U.S. Department of Homeland Security’s Immigration and Customs Enforcement, Homeland Security Investigations (ICE HSI), discovered an individual who was sharing images of child sexual abuse over the Internet. Agents used the IP address of Villalobos’ computer to identify him.
After obtaining a court-ordered search warrant, agents found Villalobos in a locked bedroom with eight computer hard drives, more than 100 DVDs and other electronic media. A forensic analysis of the materials found revealed that he was in possession of 5,442 photographs and 164 videos of children, including prepubescent minors, nude and engaged in sexual acts with one another and with adults. The evidence at trial also proved that Villalobos routinely used the Internet to solicit, receive and distribute such images.
In sentencing Villalobos, Judge Chesler took into account his previous abuse of an unconscious woman with mental disabilities. During sentencing arguments, the government noted that footage of that abuse, which Villalobos recorded, was found in his home, along with writings describing the stalking and abduction of women to subject them to sexual torture; “crush videos,” depicting the killing of animals, such as rabbits and chicks; and multiple videos of bestiality.In addition to the prison term, Judge Chesler sentenced Villalobos to serve five years of supervised release and ordered him to pay $16,000 in restitution to victims who submitted claims. Villalobos will be required to register as a sex offender.
U.S. Attorney Fishman praised special agents of ICE HSI, under the direction of Special Agent in Charge Andrew M. McLees in Newark, for the investigation.
The government is represented by Assistant U.S. Attorneys Joseph B. Shumofsky and Nicholas P. Grippo of the U.S. Attorney’s Office Criminal Division in Newark.
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Defense counsel: pro se
Moorhead Man Pleads Guilty to Child Pornography ChargesRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on June 3, 2013, Dustin Howard Muscha, 32, of Moorhead, Minn., pleaded guilty before U.S. District Judge Ralph R. Erickson to two charges of sexual exploitation of minors and two charges of possession of materials involving the sexual exploitation of minors.
The incidents came to attention of law enforcement after a lost cellular phone was turned into the Sprint retailer in South Fargo. Sprint discovered a child pornography video involving a six-year-old girl on the cellular telephone and contacted law enforcement immediately. The cellular telephone, which was assigned to Dustin Muscha, was searched by Bureau of Criminal Investigation (BCI) forensic examiner Jim Shaw, who discovered additional child pornography videos involving two other children under the age of four years.
Through further investigation by BCI and Homeland Security Investigations (HSI), it was discovered that Muscha created the child pornography videos involving the prepubescent children between March of 2009 and September of 2012 in both Fargo and Moorhead. Muscha maintained these videos and other child pornography images on his cellular telephone which he lost at a Fargodome concert on September 29, 2012.
A search warrant was also obtained for Muscha’s storage unit located in South Fargo which revealed additional child pornography material.
The charge of sexual exploitation of minors carries a statutory minimum mandatory penalty of 15 years in prison and a statutory maximum penalty of 30 years’ imprisonment.
The charge of possession of materials involving the sexual exploitation of minors carries a statutory maximum penalty of 10 years’ imprisonment.
The case was investigated by the North Dakota Bureau of Criminal Investigations, Department of Homeland Security Investigation, and Moorhead and Fargo Police Departments.
Sentencing for Muscha has been scheduled for Aug. 29, 2013, in U.S. District Court in Fargo, N.D., at 9 a.m.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl is prosecuting the case.
This case was brought as a 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 U.S. 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, visit www.projectsafechildhood.gov.
Middlesex County, N.J., Lawyer Admits Scheme to Extort and Defraud Police Officers, Others Through Fake IRS InvestigationRead the Press Release
TRENTON, N.J. – A Middlesex County, N.J., lawyer and certified public accountant today admitted that he conspired with a New Jersey mortgage broker to extort and defraud victims by falsely representing to them that they were the subjects of criminal investigations, U.S. Attorney Paul J. Fishman announced.
Thomas G. Frey, 53, of Edison, N.J., pleaded guilty before U.S. District Judge Joel A. Pisano in Trenton federal court to two counts of an indictment charging him with conspiracy to commit extortion under fear of economic harm and to commit wire fraud.
According to documents filed in this case and statements made in court:
Frey, Robert G. Cusic Jr., a Millstone, N.J. mortgage broker, and another conspirator (named “CC-1” in the Indictment) schemed to defraud four victims, including two police officers, by falsely representing to them that they were the subjects of criminal investigations, principally by the IRS, in connection with investment properties that some of them owned. Frey and Cusic falsely represented that while Cusic was at a property formerly owned by one of the victims, Cusic encountered two IRS special agents (SA-1 and SA-2) who questioned him extensively about some of the victims.
Frey falsely told the victims he had ongoing communications with SA-1 about the purported investigation and had a special relationship with SA-1. Frey told the victims if they paid up to $20,000 each, he would call SA-1 and have the investigation converted from a criminal tax investigation to an IRS “desk audit,” a civil matter. Frey and CC-1 falsely stated that if the victims did not retain his services and pay the fee, the investigation would likely result in the arrest of certain of the victims.
The extortion and wire fraud conspiracy charges to which Frey pleaded guilty are each punishable by a maximum potential penalty of 20 years in prison and a fine of up to $250,000. Frey’s sentencing before Judge Pisano is scheduled for Sept. 5, 2013.
Frey was previously charged by Complaint on April 8, 2011, along with Cusic, with one count of conspiracy to commit extortion and one count of wire fraud. Cusic pleaded guilty Nov. 28, 2011, to conspiring with Frey to extort the victims. He is awaiting sentencing.
U.S. Attorney Fishman credited special agents of the Treasury Inspector General for Tax Administration, under the direction of Special Agent in Charge Robert Geary, Washington Field Division, for the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Eric W. Moran of the U.S. Attorney’s Office Special Prosecutions Division in Trenton.13-224
Defense counsel: Charles E. Waldron Esq., Lawrenceville, N.J.
Frey, Thomas Indictment
Memphis Man Sentenced to 198 Months in Prison for Interstate Transportation of A Minor for SexRead the Press Release
Memphis, TN – Calvin James Reid, 49, of Memphis, TN, was sentenced on May 31, 2013, to 198 months in prison following his conviction for taking a minor out-of-state on two occasions to engage in sex, announced United States Attorney Edward L. Stanton III.
On November 15, 2012, Reid was convicted by a federal jury of two counts of transportation of a minor with the intent to engage in criminal sexual activity. According to evidence presented at trial, Reid engaged in an escalating pattern of sexual conduct with a 13-year-old child in late 2011. On two occasions, Reid took the child out-of-state with the intent to engage in sexual intercourse. On November 12, 2011, Reid took the child from Memphis to a hotel in Horn Lake, MS, where he had sexual intercourse with her. In early December 2011, Reid again took the child, this time traveling to Las Vegas, NV, and engaged in sexual activity with the child during the trip.
The child managed to separate herself from Reid while in Las Vegas and called her family in Memphis. Reid remained at large until June 2012, when he returned to Memphis and the FBI was notified of his whereabouts.
“Children are the most precious and vulnerable members of our society. Protecting them from individuals like Reid, who seek to exploit them sexually or otherwise, remains one of this office’s priorities,” said U.S. Attorney Stanton. “Reid’s sentence of more than 16 years in prison sends a clear message that this kind of reprehensible conduct will not be tolerated. We will continue to aggressively pursue and prosecute anyone who would destroy a child’s innocence by violating federal child exploitation laws.”
“The FBI has made it a priority to target and investigate those who violate Federal law while preying on minors,” said A. Todd McCall, Special Agent in Charge of the Memphis Division of the Federal Bureau of Investigation. “FBI Memphis is proud of the role that it played in bringing this man to justice, and will continue to work with our law enforcement partners to remove from our streets those whose criminal acts result in the stolen innocence of our children.”
In addition to the prison sentence, Chief U.S. District Judge Jon P. McCalla ordered Reid to serve 12 years of supervised release. There is no parole in the federal system.
This case was investigated by the FBI Memphis Field Office’s Child Exploitation Task Force, assisted by the Las Vegas (Nevada) Metropolitan Police Department. Assistant U.S. Attorneys Deb Ireland and Leetra Harris represented the federal government.
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 U.S. Attorneys’ Offices and the Department’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Members of International Narcotics Trafficking Conspiracy Charged in Manhattan Federal CourtRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Derek Maltz, the Special Operations Division Special Agent-in-Charge of the United States Drug Enforcement Administration (“DEA”), today announced the unsealing of charges against SAMUEL ANTONIO PINEDO-RUEDA, SOLOMON ADELAQUAYE, FRANK MUODUM, and CELESTINE OFOR ORJINWEKE on charges that they conspired to import heroin into the United States. PINEDO-RUEDA, 72, a citizen of Colombia, was apprehended in Colombia on May 16, 2013 pursuant to a Red Notice issued at the request of the United States, and is awaiting extradition. ADELAQUAYE, 48, a citizen of Ghana, and MUODUM, 44, and ORJINWEKE, 53, citizens of Nigeria, were arrested in New York on May 9, 2013, and were presented and arraigned before U.S. Magistrate Judge Gabriel W. Gorenstein. The case is assigned to U.S. District Judge Ronnie Abrams.
Manhattan U.S. Attorney Preet Bharara said: “These alleged narco-traffickers assumed they had secured safe passage for their heroin from West Africa to the United States by paying off an airport insider, but unbeknownst to them, the people on the other side of their transaction were law enforcement insiders working for the DEA. Together with our partners, we remain committed to thwarting these plots before they are executed and to apprehending and prosecuting those responsible.”
DEA Special Operations Division Special Agent-in-Charge Derek Maltz said: “Drug trafficking in West Africa has become a plague. These criminal groups and their facilitators pose a direct threat to the safety and security of innocent Americans. Together with our law enforcement partners, DEA is dismantling illicit drug networks in western Africa and around the world, and putting the criminals who operate them behind bars where they belong.”
According to the Indictment unsealed today in Manhattan federal court:
In February 2012, in Accra, Ghana, PINEDO-RUEDA, MUODUM, and ORJI NWEKE sold one kilogram of heroin to two confidential sources (“the CSs”) working for the DEA. In meetings in connection with the heroin sale, one of the CSs purported to be a Colombian narcotics trafficker in search of heroin to sell to customers in New York City; the other CS purported to be a courier for that trafficker, who would transport the heroin to New York for distribution. ADELAQUAYE, who was responsible for security at the international airport in Ghana, agreed to facilitate the movement of the heroin through the airport without detection, in exchange for a $10,000 payment.
In May 2013, ADELAQUAYE, MUODUM, and ORJINWEKE further agreed that one of the CSs would supply them with 3,000 kilograms of cocaine and that in exchange, they would supply the CS with a quantity of heroin of equivalent value, to be delivered to the United States in 25-kilogram increments.
The Indictment charges each of the defendants with one count of conspiring to import heroin and to distribute heroin, knowing and intending that it would be imported into the United States. The charge carries a maximum sentence of life in prison.
The charges and arrests of the defendants are the result of the close cooperative efforts of the United States Attorney’s Office for the Southern District of New York and the DEA’s Special Operations Division, the DEA Ghana Country Office, and the DEA Bogota Country Office. Mr. Bharara praised the outstanding investigative work of the DEA and thanked the U.S. Department of Justice Office of International Affairs for its assistance. Mr. Bharara also thanked the Government of Ghana for its cooperation.
The prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorney Michael Ferrara is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
U.S. v. Pinedo-Rueda et al. S5 Indictment
McCook Man Sentenced to Ten Years in Prison for Distributing “Morphed” Image of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Jeffrey A. Anderson, age 27 of McCook, Nebraska, was sentenced for distributing a morphed image of child pornography. The Honorable John M. Gerrard sentenced Anderson to a ten year term of imprisonment. There is no parole in the federal system. After his release from prison Anderson will begin a 15 year term of supervised release.
Anderson, using the name Bob Shepherd, sent a series of inappropriate messages on Facebook to an eleven year old girl. When the girl’s mother discovered the messages she notified law enforcement. She allowed the Nebraska State Patrol’s Internet Crimes Against Children unit to take over her daughter’s Facebook account.
The Nebraska State Patrol was able to retrieve messages and photographs Anderson had sent to the child. One of the images depicted an adult male and an adult female engaged in sexual intercourse. The image was manipulated by “morphing” the head and face of the eleven year old child over the head of the adult female making it appear that the adult male was engaging in intercourse with the eleven year old child. The eleven year old’s face was clearly visible on the altered image. The eleven year old girl was well known to Anderson.
Anderson admitted to using the alias Bob Shepherd. He further admitted to sending the eleven year old messages and a photo of the child’s face on the body of a woman engaging in sexual relations with a male. He was arrested by the Nebraska State Patrol.
This case was investigated by Nebraska State Patrol 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.Major Drug Traffickers with Ties to the Sinaloa Cartel Sentenced in West MichiganRead the Press Release
Drug Dealers Sold Cocaine in West Michigan and Crystal Methamphetamine in Minnesota; Leader Gets 25 Years In Federal Prison
GRAND RAPIDS, MICHIGAN – Four men from California and five men from West Michigan have been sentenced to federal prison for their involvement in a multi-state drug conspiracy, U.S. Attorney Patrick A. Miles, Jr. announced today. U.S. District Judge Robert J.
Jonker sentenced the group’s leader, Lucio M. Nunez, 32, of Mecca, California, to 25 years’ imprisonment.Court records show that Nunez and the California members of the conspiracy obtained 20-30 kilograms of cocaine from sources affiliated with the Sinaloa Cartel and shipped it to the Michigan members of the conspiracy, who were led by Pablo G. Aguilera, 31, of Muskegon. The cocaine was typically hidden inside hollowed-out X-Box game consoles. The conspirators also concealed cocaine inside hidden vehicle compartments. Aguilera sold the cocaine in West Michigan and laundered the proceeds through various banks. Agents have identified $350,000 in drug proceeds, which they believe to be only a fraction of the total amount of money laundered by the conspiracy.
At the same time they were sending cocaine to Michigan, Nunez and the California members of the conspiracy distributed 20-30 pounds of crystal methamphetamine in Minnesota.
The investigation began in February 2012, when officers with the West Michigan Enforcement Team (“WEMET”), a local narcotics team, caught Aguilera with a kilogram of cocaine. They worked closely with U.S. Homeland Security Investigations (“HSI”) and Drug Enforcement Administration (“DEA”) agents to build the case against the other members of the conspiracy, who were charged in August 2012 with conspiracy to distribute cocaine and money laundering.
In total, nine members of the conspiracy pled guilty and received sentences from Judge Jonker:
- Lucio M. Nunez, 32, of Mecca, California: 300 months’ imprisonment;
- Jesus Joel Rios, aka “Chuy,” 30, of Mecca, California: 132 months’ imprisonment;
- Pablo G. Aguilera, 31, of Muskegon, Michigan, 128 months’ imprisonment;
- Tyree A. Brown, 40, of Muskegon, Michigan: 60 months’ imprisonment;
- Bradley E. Hatcher, 39, of Muskegon, Michigan: 46 months’ imprisonment;
- Adan V. Chaidez, 32, of Mecca, California: 36 months’ imprisonment;
- Victor Aguilera, 23, of Muskegon, Michigan: 30 months’ imprisonment;
- Mark Barnes, 23, of Muskegon, Michigan: 30 months’ imprisonment;
- Mario Alberto Molina-Martinez, 39, of Coachella, California: 36 months’ imprisonment.
Acting Special Agent in Charge William Hayes of the HSI Detroit Field Office said, “It’s this type of close, nationwide law enforcement liaison capability that gives Homeland Security Investigations unparalleled ability to dismantle drug trafficking organizations like the one involved in this case. The convictions and sentences in this case were a direct result of law enforcement coordination and field efforts by HSI, WEMET, and the DEA.”
Officers and agents from WEMET, HSI and DEA investigated this case. They received assistance from the U.S. Postal Service and the Muskegon County Prosecutor. Assistant U.S. Attorney Clay Stiffler handled the prosecution.
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Logan County Woman Sentenced to Federal Prison Time for ArsonRead the Press Release
Kimberly Kinder participated in ’09 blaze set at Boone Co. rental duplex
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that a Logan County woman was sentenced to three years and one month in federal prison for her role in an arson conspiracy. Kimberly Dawn Kinder, 46, of Chapmanville, Logan County, W.Va., previously pleaded guilty in June 2012. In September 2009, Kinder conspired with co-defendant Michael L. White, and her now deceased husband, to burn down a residential rental unit located in Van, Boone County, W.Va. Kinder was due to receive approximately $4,000 in insurance proceeds for her role in the scheme. Late in the evening on October 15, 2009, the Kinders arrived at the Van Duplex. After entering through one of the rental units, Mr. Kinder poured gasoline on a pile of clothes in the living area of one of the units. Mr. Kinder set fire to the pile of clothes and Mrs. Kinder drove the getaway vehicle.
A federal jury convicted Michael L. White, 58, of Chapmanville, last month in connection with the arson that he arranged in an effort to collect more than $80,000 in insurance claims linked to the property. White was found guilty on all three counts charged against him: conspiracy to commit arson, arson and accessory after the fact. Evidence at White’s trial revealed that he conspired with the Kinders to set fire to the Van rental unit.
The Van Volunteer Fire Department responded to the incident and extinguished the fire, but the property suffered extensive damage. On October 19, 2009, White filed an insurance claim with Nationwide Mutual Insurance Company (“Nationwide”) as a result of the damage. Nationwide in turn paid White $80,716.51. White later paid the Kinders approximately $2,000 in small increments of the insurance claim as payment for their roles in the scheme.
White faces up to five years in prison on Count One (conspiracy); five to 20 years on Count Two (arson); and up to two and a half years on Count Three (accessory after the fact) when he is sentenced in August by United States District Judge Thomas E. Johnston.
The investigation was conducted by the West Virginia State Police. Assistant United States Attorney Thomas Ryan handled the prosecution.
Local Physicians Sentenced Again – Must Pay More Than $37 Million in RestitutionRead the Press Release
HOUSTON - Drs. Arun and Kiran Sharma, two local physicians previously sentenced for defrauding Medicare, Medicaid and more than a dozen private insurers, have appeared in federal court for a resentencing hearing on restitution and forfeiture issues, United States Attorney Kenneth Magidson announced today.
The Sharmas, both 58, are a married couple who operated medical clinics in Baytown and Webster under the name Allergy, Asthma, Arthritis and Pain Center. In April 2010, they pleaded guilty to conspiracy to commit health care and mail fraud as well as one count of health care fraud for their decade-long scam of billing health care providers for injection procedures that they did not perform. U.S. District Judge David Hittner later sentenced Arun and Kiran Sharma to 15 and eight years in federal prison, respectively. A restitution order of more than $40 million was imposed, and the defendants were ordered to forfeit all property funded with the proceeds of their fraudulent scheme, including their $700,000 home in Kemah, numerous parcels of real property and a large number of investment accounts.The Sharmas appealed the restitution and forfeiture aspects of their sentences to the Fifth Circuit. The convictions were upheld, but the case was remanded for re-sentencing on the narrow issue of the amount of restitution owed to their victims. At today's hearing, Judge Hittner ordered the Sharmas to pay $37,670,826.32 in restitution and ordered them jointly liable for a personal money judgment in the same amount. To date, the United States has seized assets valued at $27.6 million (cash, bank accounts, investment accounts, annuities and jewelry) as well as real estate potentially worth an additional $3.5 million after payment of liens.
All of the proceeds of these forfeitures will be returned to the victims of the Sharmas’ fraud.
Originally charged in June 2009, the Sharmas operated the clinics at multiple locations in Baytown and Webster. Arun Sharma was known as an easy touch for prescribing the “pain cocktail” of hydrocodone, Xanax and Soma. In addition to the prescription of narcotics, a large part of the practice was to provide patients with injections of lidocaine combined with steroids which, at times, provided temporary relief of various joint and muscle pain. Although the injections given to the patients were superficial, they were billed falsely to the insurance companies as facet joint injections, paravertebral injections, sacroiliac nerve injections, sciatic nerve injections and various nerve block injections.
The pain management practice at the clinics grew quickly during the time period of the conspiracy. The doctors went from seeing an average of 50-60 patients per day in 1998 to more than 100 per day beginning in 2003 with a high of 279 on Jan. 6, 2005. From 1998 through 2002, Kiran Sharma saw pain patients at the clinics in addition to her own allergy patients. She maintained a modest allergy practice and would sign patient procedure forms and superbills, falsely indicating that she had administered facet joint injections or other paravertebral injections when in reality she did not. She also prescribed the pain cocktail when she saw pain management patients.
Nearly every patient was prescribed one or more controlled substances and put on a regimen of shots every two weeks. The patients were required to sign the medical progress and procedure notes in their patient chart to prove they were at the clinic and received the shots. Arun Sharma tried to convince all patients to have shots at every visit, but many of the patients did not want the shots every two weeks. For those patients who ultimately refused the shots, he regularly required the patients to sign the progress and procedure notes even though they received only a prescription for controlled substances and did not receive any injections. By the beginning of 2000, Arun Sharma had certain patients sign blank procedure/progress notes and then used those forms to generate a superbill in order to bill the insurance companies for injection procedures on days when the patient was not in the clinic.
Dr. Kiran Sharma hired several foreign medical graduates (FMGs) over the course of the conspiracy to assist in the movement of patients through the clinics. Several of the FMGs helped add fictitious patient examination information to the blank progress/procedure notes after Arun Sharma had added non-existent medical procedures to the blank forms so that insurance companies could be billed as if the person had been in the clinic when in reality they had not. Kiran Sharma witnessed the FMGs creating the fictitious patient progress/procedure notes and knew their ultimate purpose was to bill the insurance companies for procedures that never occurred.
Demonstrative of the implausibility of the volume of patients who allegedly received injections is the fact that the defendants’ own records purport to show that more than 100 patients purportedly received injections on 708 different days during the conspiracy. Further, their fraudulent billings showed that as many as 279 patients allegedly received injections on Jan. 6, 2005.
Both of the defendants have been in custody since their guilty pleas in April 2010 and were remanded back to their respective federal correctional institutions following the resentencing hearing.
This case was jointly investigated by agents of the FBI, the United States Department of Health and Human Services - Office of Inspector General, Texas Attorney General’s Office - Medicaid Fraud Control Unit, Office of Personnel Management - Office of Inspector General, Railroad Retirement Board - Office of Inspector General, Drug Enforcement Administration and the National Insurance Crime Bureau. The case was prosecuted by Assistant United States Attorneys Al Balboni and Jason Varnado. Assistant United States Attorneys Kristine Rollinson and Lauretta Bahry handled the forfeiture matters and the appeal, respectively.
Local Juneau Buisness Owner sentenced to 42 months in prison for her role in drug conspiracyRead the Press Release
Anchorage, Alaska - U.S. Attorney Karen L. Loeffler announced today that a local Juneau business owner was sentenced, May 31, 2013, in Juneau to federal prison for drug conspiracy.
Gema G.Thomas, 50, of Juneau, Alaska, was sentenced May 31, 2013, by U.S. District Court Judge Timothy M. Burgess to 42 months prison for her role in a drug trafficking conspiracy. Her co-conspirator Darrell W. Dawson was previously sentenced to 170 months in January 2013, for his role in the drug trafficking conspiracy.
According to Assistant U.S. Attorney Jack S. Schmidt, who prosecuted the case, the charges arose from a joint investigation including the Drug Enforcement Administration, United States Postal Inspection Service, and the Juneau Police Department-Drug Metro Unit, which were investigating the importation of heroin into Juneau, Alaska, using United States Postal Service (USPS) Express Mail Parcels.In July 2012, Dawson and Thomas conspired to transport methamphetamine from the lower 48 to Juneau, Alaska. Dawson provided Thomas $15,000 in drug proceeds for the purchase of six ounces of methamphetamine to be delivered to her business, Peer-Amid Beads, from her source of supply located in the lower 48 via USPS Express Mail. Once received, Thomas then delivered the methamphetamine to Dawson who distributed the methamphetamine to others in the Juneau area and collected drug proceeds for future payment to Thomas for an additional six ounces of methamphetamine.
Prior to imposing sentence, Judge Burgess emphasized the seriousness of the offense and the need to deter the defendant and others as reasons for imposing the 42 month prison sentence.
Ms. Loeffler commended the Drug Enforcement Administration, United States Postal Inspection Service, and the Juneau Police Department - Drug Metro Unit for the investigation leading to the successful prosecution of Thomas and Dawson.
Law Enforcement Arrests Man Living in Motel in Lubbock and Charges Him with Robbing FirstBank Southwest in AmarilloRead the Press Release
LUBBOCK, Texas — On June 5, 2013, Gabriel Tenorio, 30, will appear in federal court in Lubbock, Texas, before U.S. Magistrate Judge Nancy M. Koenig, on a federal complaint filed on Friday, May 31, 2013, that charges him with robbing a branch of FirstBank Southwest (FBSW) in Amarillo, Texas, last month. Tenorio is currently in custody on state charges. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to the affidavit filed with the complaint, on the morning of May 20, 2013, Tenorio, wearing dark clothing, a hat and a mask covering his face, and brandishing a sawed-off shotgun, robbed the FBSW located at 5701 SW 34th Street, in Amarillo. The robber was observed without his mask by two people and another person saw the vehicle he drove leaving the bank. Two days later, officers with the Lubbock Police Department located FBSW money straps, a bag and a sawed-off shotgun, consistent with items from the robbery, in a field near the Lubbock airport.
The investigation revealed that Tenorio was staying at a motel in Lubbock. Law enforcement observed him exit the motel and leave, driving an older model vehicle. After his arrest, a search of that vehicle and his motel room yielded an amount of cash consistent with that taken in the FBSW robbery.
A federal criminal complaint is a written statement of the essential facts of the offense charged, and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment. The maximum statutory penalty for the charged offense of bank robbery is 20 years in federal prison and a $250,000 fine.
The investigation is being conducted by the FBI and the Amarillo and Lubbock Police Departments. Assistant U.S. Attorney Jeffrey R. Haag is in charge of the prosecution.
Karol V. Mason Sworn-In as Assistant Attorney General for <br /> the Office of Justice ProgramsRead the Press Release
Attorney General Eric Holder today welcomed Karol V. Mason as the Department of Justice’s (DOJ) Assistant Attorney General for the Office of Justice Programs (OJP). As head of OJP, she oversees an annual budget of more than $2 billion dedicated to supporting state, local and tribal criminal justice agencies; an array of juvenile justice programs; a wide range of research, evaluation and statistical efforts; and comprehensive services for crime victims.
“I’m delighted to welcome Karol Mason back to the Justice Department, this time as Assistant Attorney General for the Office of Justice Programs,” said Attorney General Eric Holder. “Karol’s leadership has already been instrumental in bringing about fundamental improvements to the department. I also want to thank Mary Lou Leary for her leadership of the Office of Justice Programs and I’m thrilled to be working with both Karol and Mary Lou, and look forward to all that they and their colleagues will accomplish, as we continue to advance OJP’s important mission.”
From 2009-2012 Mason served at the Justice Department as Deputy Associate Attorney General with oversight responsibility for the Tax Division, the Office of Justice Programs, the Office on Violence Against Women and the Office of Community Oriented Policing Services. During this time, Mason headed a cross-department initiative to address criminal justice issues in New Orleans, led Attorney General Holder’s Defending Childhood Initiative and helped create its Task Force on Children Exposed to Violence, forming partnerships on this issue with the Departments of Education and Health and Human Services. Mason was responsible for the implementation of the Combined Tribal Assistance Solicitation (CTAS) which consolidates all of the Justice Department’s tribal grants under a single solicitation. Mason was awarded the Distinguished Service Award for outstanding service to the Department of Justice by Attorney General Eric Holder in 2011.
Prior to her federal government service, Karol Mason was a partner at the Atlanta law firm of Alston & Bird where she focused on public and project finance, chaired the firm’s public finance group, served on its management committee and provided counsel in the area of government investigations.
Karol Mason received her J.D. from the University of Michigan Law School, where she was note editor for the University of Michigan Journal of Law Reform. She received her A.B. from The University of North Carolina at Chapel Hill, where she was a member of the board of trustees from 2001 to 2009.
Kansas City, Mo., Man Sentenced in Mortgage Fraud CaseRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Mo., man has been sentenced in a mortgage fraud case, U.S. Attorney Barry Grissom said today.
Michael D. Robinson, 36, Kansas City, Mo., was sentenced to a year and a day in federal prison. Robinson pleaded guilty to one count of conspiracy to commit mail fraud. In his plea, he admitted he conspired with others to provide false information to mortgage lenders.
Robinson admitted he purchased houses that were being foreclosed and then sold them to buyers at inflated prices. He bought and sold houses personally and through companies he established including The Atomic Group, LLC. To advance the scheme and make sure buyers were approved for loans, Robinson gave buyers money for down payments to buy houses. He put money into a bank account in a buyer’s name to make it appear to the lender that the buyer had money to qualify for a loan. Robinson falsely stated that buyers had provided down payments.
In order to get the lender to approve loans at inflated prices, Robinson agreed with an appraiser who provided inflated appraisals based on false information. For instance, the appraiser falsely stated that improvements had been made when in fact very little work had been done.
Grissom commended IRS - Criminal Investigation, Housing and Urban Development - OIG, Assistant U.S. Attorney Chris Oakley and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Justice Department to Monitor Elections in MississippiRead the Press Release
The Justice Department announced today that it will monitor municipal elections on June 4, 2013, in the cities of Brookhaven, Greenwood, Isola, Meridian, Philadelphia and Ruleville, Miss., to ensure compliance with the Voting Rights Act of 1965. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group.
Under the Voting Rights Act, the department is authorized to ask the U.S. Office of Personnel Management (OPM) to send federal observers to jurisdictions that are certified by the Attorney General or by a federal court order. Federal observers will be assigned to monitor polling place activities in Greenwood, Isola, Philadelphia and Ruleville based on the Attorney General’s certification. The observers will watch and record activities during voting hours at polling locations, and Civil Rights Division attorneys will coordinate the federal activities and maintain contact with local election officials.
In addition, department personnel will monitor polling place activities in Brookhaven and Meridian. Attorneys from the Justice Department’s Civil Rights Division will coordinate federal activities and maintain contact with local election officials.
Each year, the department deploys hundreds of federal observers from OPM, as well as departmental staff, to monitor elections across the country. To file complaints about discriminatory voting practices, including acts of harassment or intimidation, voters may call the Voting Section of the Civil Rights Division at 1-800-253-3931.
Visit www.justice.gov/crt/voting/index.php for more information about the Voting Rights Act and other federal voting laws.
Justice Department Settles Effective Communication Case Against City of New HavenRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, today announced that the Department of Justice has reached a settlement agreement with the City of New Haven under which the City agrees to implement training and ensure its policies comply with the effective communication requirements under the Americans with Disabilities Act (ADA). The City of New Haven voluntarily agreed to enter into the settlement agreement during the Justice Department’s investigation into allegations that the City’s Livable City Initiative failed to effectively communicate with persons who are deaf or hard of hearing.
The ADA requires that “public entities,” such as local governments and police departments, ensure effective communication with qualified individuals with disabilities. The agreement, which covers all departments of the City of New Haven, requires the City to:
- Ensure its policies and practices are nondiscriminatory and provide effective communication for people with communication disabilities, including the provision of sign language interpreters;
- Post a notice of the policies in public areas;
- Train staff on the policies; and
- Ensure that appropriate auxiliary aids and services, including qualified interpreters and specifically tactile interpreters, are made available to all individuals who are deaf or hard of hearing.
“We commend the City of New Haven for agreeing to enter into this settlement agreement and for the assurance that critical and effective communication will be provided to persons who are hearing impaired,” stated Acting U.S. Attorney Daly. “The City’s cooperation in this investigation and its agreement today reflects the City’s strong commitment to keep residents safe and to uphold their civil rights.”
This matter was handled by Assistant United States Attorney Ndidi Moses of the District of Connecticut, with the assistance of the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
Individuals who believe that they may have been victims of discrimination can file a complaint with the U.S. Attorney’s Office by calling 203-821-3700. Additional information about the ADA can be found at www.ada.gov or by calling the Department’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TDD).
More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Juneau Man sentenced to 30 months in prison and co-conspirator pleads guilty in drug conspiracyRead the Press Release
Anchorage, Alaska - U.S. Attorney Karen L. Loeffler announced today that a Juneau resident was sentenced in Juneau to federal prison for drug conspiracy.
Joshua River Riley, 37, of Juneau, Alaska, was sentenced May 31, 2013, by U.S. District Court Judge Timothy M. Burgess to 30 months prison for his role in a drug trafficking conspiracy. Co-conspirator Bradley Arin Bethel subsequently pled guilty to his role in the drug trafficking conspiracy and is scheduled to be sentenced on August 26, 2013.
According to Assistant U.S. Attorney Jack S. Schmidt, who prosecuted the case, the charges arose from a joint investigation including the Drug Enforcement Administration, Federal Bureau of Investigation, and the Juneau Police Department-Drug Metro Unit, which were investigating the importation of heroin into Juneau, Alaska.Between October 2012, and continuing through November 2012, Riley and his co-conspirator Bethel conspired to import heroin from Portland, Oregon, to Juneau, Alaska. As part of the conspiracy, Riley contacted other co-conspirators in Oregon to supply heroin to Riley for subsequent distribution in Alaska. Riley and Bethel provided the money to purchase the heroin and Bethel recruited a drug courier and arranged for the courier’s flight to Oregon to pick up the heroin with Riley who had traveled the previous day to Oregon. Bethel provided the courier with a cell phone and programmed the number of Riley in the cell phone for the courier to get in contact with Riley in Oregon. Riley and the courier met in Oregon and Riley provided 106.4 grams of heroin to the courier to transport back to Alaska via commercial air carrier for subsequent distribution.
Prior to imposing sentence, Judge Burgess emphasized the seriousness of the offense, the need to deter the defendant and others and to provide treatment in the most effective manner for the defendant as reasons for imposing the 30 month prison sentence.
Ms. Loeffler commended the Drug Enforcement Administration, Federal Bureau of Investigation, and the Juneau Police Department - Drug Metro Unit for the investigation leading to the successful prosecution of Riley and Bethel.Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on May 31, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
MACKENZIE RICHARD KEENE JOINER, a 29-year-old resident of Missoula, appeared on a charge of conspiracy to distribute cocaine and heroin. He is currently detained. If convicted of this charge, JOINER faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 3, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
WENDELL LESTER WOLF BLACK, SR., a 46-year-old resident of Crow Agency, appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, WOLF BLACK faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by Bureau of Indian Affairs.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Illinois Man Sentenced to Serve 72 Monthsin Prison for Conspiring to Distribute Presciption Drugs over the InternetRead the Press Release
Michael P. Jackson, 40, of Carmi, Ill., was sentenced today in the U.S. District Court for the Southern District of Florida to serve 72 months in prison for selling the prescription drug known as Adderall, from 2009 to 2012, to a Florida woman who operated an illegal Internet-pharmacy business. Jackson also was sentenced to three years of supervised release.
According to the Dec. 6, 2012, indictment, defendant Jackson supplied his co-defendant Lina Rodriguez with pills of Adderall, which contains amphetamine, a Schedule II controlled substance. As defendant Jackson was aware and intended, co-defendant Rodriguez resold the Adderall pills through an Internet business she owned and operated in southern Florida.
“This prosecution aims to curb the sale of dangerous drugs to United States citizens,” said Stuart F. Delery, Acting 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.”
Jackson pled guilty to the lead count of the indictment on March 11, 2013, which charged him and Rodriguez with conspiring to possess with the intent to distribute Adderall. Pursuant to his plea agreement, Jackson agreed not to oppose a judgment against him in the amount of $18,862, as gross proceeds of the offense to which he pleaded guilty. Rodriguez was sentenced to 72 months’ imprisonment on April 22, 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.
Hotchkiss Man Pleads Guilty to Theft of Detective's Assault RifleRead the Press Release
DENVER – Keaton Bell, age 24, of Hotchkiss, Colorado, pled guilty late last week before Senior U.S. District Court Judge John L. Kane to one count of possession of stolen firearms and ammunition, and to one count of possession of machine gun the United States Attorney’s Office, the Eagle County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Federal Bureau of Investigation (FBI) announced. Judge Kane is scheduled to sentence Bell on August 22, 2013 at 10:00 a.m.
According to court documents, including the stipulated facts contained in the plea agreement, in October 2012, an Eagle County Sheriff’s Office detective and SWAT team member was in Denver undergoing cancer treatment. He lived in Gypsum, Colorado, with his girlfriend, who visited him periodically in Denver during his cancer treatment. The detective’s girlfriend gave her girlfriend permission to stay at the detective’s Gypsum home while the two were in Denver for the cancer treatment. The person staying at the home invited her boyfriend, Keaton Bell, to stay with her in Gypsum.
While Bell and his girlfriend were at the home between October 5 through October 7, 2012, they got into a fight. Bell eventually left, taking the detective’s SWAT equipment, including a machine gun, a hand gun, ammunition and tactical gear, which had been stored in the basement of the home. Some of the equipment and weapons were owned by Eagle County.
At the time the crime was reported, Bell was reportedly in Alberta, Canada, working for a mining company. Officers went to Bell’s home in Hotchkiss, Colorado on November 2, 2012, and were unable to reach anyone. Investigators continued to locate Bell when he responded via text about his location. He then called the officers when he became available. Officers asked for permission to search Bell’s pickup. He granted them permission as along as a family member was present. During the search officers found, among other things, a leg holster for a taser that the Special Operations Unit of the Sheriff’s Office, to which Hall was assigned, uses. Hall confirmed the leg holster was his. Officers then issued a state warrant for Bell’s arrest.
On November 20, 2012, Bell was reported as a suspicious person at a Wal-Mart in Glenwood Springs, Colorado, and police were called. The Glenwood Springs Police Department arrested Bell on the Eagle County arrest warrant. Investigators confirmed that Bell stole from Hall a Colt rifle, a Glock, a .380 pistol, magazines, and a suppressor for the rifle. They also found out that once Bell returned from Canada that put the stolen items into his truck.
The Eagle County Sheriff’s Office obtained a state search warrant for the truck, and found a camouflage-colored rifle case under the driver’s side rear wheel well which contained the following items stolen from Hall’s home: a Colt M4 Commando .223 Fully Automatic Rifle, an EOTech Sight System, a Surefire Light System, a GemTech Halo Suppressor, a Glock 9mm model 26 semi-automatic pistol, and two .223 magazines. They also found the Bersa .380 with holster under the hood and in the engine compartment of the vehicle.
The Colt rifle is imprinted with information that the weapon is fully automatic. Further, the firearm was clean when it was stolen and dirty when recovered, evidencing that it had been fired.
Bell faces up to ten years imprisonment and up to a $250,000 fine for each of the counts that he has pled guilty to.
This case has been investigated by the Eagle County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Federal Bureau of Investigation (FBI).
The defendant is being prosecuted by Assistant U.S. Attorney Michelle Heldmyer.
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Hombre De Fresno Sentenciado A Prision Por Producir Documentos De Identificacion FalsosRead the Press Release
FRESNO, Calif. — Esteban Mendoza-Galeno, 44, de Fresno, fue sentenciado hoy por el Juez de Distrito de los Estados Unidos Lawrence J. O’Neill a dos años y tres meses de prisión por producir documentos fraudulentos de identificación del gobierno, anunció el Fiscal Benjamin B. Wagner de los Estados Unidos.
De acuerdo con documentos de los tribunales, entre Febrero y Marzo de 2012, Mendoza-Galeno fabricó y vendió a clientes en Fresno documentos de identificación falsos, tales como tarjetas de seguridad social y tarjetas de residencia permanente, por hasta $120.00 el juego de documentos. El Juez O’Neill aumentó la sentencia de Mendoza-Galeno en base a su posesión de aproximadamente 213 imàgenes de documentos fraudulentos sobre varios artículos de medios electrónicos, incluida la computadora laptop de Mendoza-Galeno y los dispositivos de memoria. Al sentenciar a Mendoza-Galeno, el Juez O’Neill le dijo “Usted es un impostor experimentado.”
Este caso fue el producto de una investigación por parte del Departamento de Investigaciones de Seguridad Interna (HSI por su sigla en inglés) del àrea de aplicación de la Ley de Aduana e Inmigraciones de los Estados Unidos (ICE por su sigla en inglés). El Fiscal Adjunto de los Estados Unidos Christopher Baker impulsó la causa.
Harrisburg Man Involved in Drug Trafficking Organization Sentenced to 120 Months’ ImprisonmentRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Cruz, age 32, was sentenced Thursday by U.S. District Court Judge Christopher C. Conner to 120 months’ imprisonment and three years’ of supervised release for distribution and possession with intent to distribute cocaine. Judge Conner further ordered the Cruz pay a $1,100 fine.
According to United States Attorney Peter J. Smith, as a result of continuous efforts by the Drug Enforcement Administration and the Dauphin County Drug Task Force the investigation identified cocaine and heroin drug trafficking organizations, which included Cruz and 18 other defendants who were indicted in April 2012.
Investigators found that Cruz was a distributor for a known drug trafficking organization in Harrisburg that used couriers who traveled between Harrisburg and the Boston metropolitan area where the drugs were obtained. Upon returning to Harrisburg, the drugs were repackaged for distribution throughout the area including Cruz’s cousin’s business, D&M Contracting.
Cruz pleaded guilty in December 2012 to distributing at least 500 grams of cocaine hydrochloride.
Of the remaining 18 defendants, Fremo Santana; Zenaida Arroyo; Eduardo Martinez; Ramon Serrano-Aponte; Angel Cruz; Jorge San Miguel; Jerome Brunson; Heidi Fisher; Eddie Carlo Rodriguez-Melendez; Angel DeJesus; and Richard Eugene Sims are awaiting trial scheduled for August 2013.
Crystal Dee Brunson, Thomas Davenport, Dwayne Lamont Harmon, Edwin Puglia and Harry Ortiz have pleaded guilty and are awaiting sentencing.
Luis Lopez-Melendez and Ralph David Howell remain fugitives.
The case was investigated by the Drug Enforcement Administration, the Lebanon County Drug Task Force and the Dauphin County Drug Task Force. Prosecution is being handled by Assistant U.S. Attorney Daryl F. Bloom.
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Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.Fort Pierce Man Sentenced on Firearms ChargesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, announce today’s sentencing of defendant Jose Antonio Delgado, 46, of Fort Pierce, on charges of unlawful possession of stolen firearms. Delgado had previously pled guilty to possession of a stolen handgun, in violation of Title 18, United States Code, Sections 922(j) and 924(a)(2). At today’s hearing, U.S. District Judge K. Michael Moore sentenced Delgado to 120 months in prison to be followed by three years of supervised release.
On November 14, 2012, defendant Delgado was arrested by officers of the St. Lucie County Sheriff’s Office, after he was spotted carrying a prohibited firearm in public and fled police pursuit into his home in Fort Pierce. Following Delgado’s surrender to the police who surrounded the home, a state search warrant issued for the home. The search resulted in the seizure of two firearms found in Delgado’s home (a .22 caliber TEC-22 short barreled rifle modified with an added stock, and a homemade silencer) as well as the .40 caliber Smith & Wesson handgun Delgado was carrying as he fled police, which was found outside on the ground. According to court records, Delgado had been deprived of the right to possess firearms following previous felony convictions. Judge Moore imposed the maximum sentence under federal law, noting the defendant’s extensive criminal history going back to the age of nine years old.
Mr. Ferrer commended the investigative efforts of ATF, the Fort Pierce Police Department, and the St. Lucie County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.
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.
Former Prince George’s County, Maryland, Correctional Officer Sentenced to 24 Months for Obstruction of JusticeRead the Press Release
U.S. District Judge Alexander Williams Jr. sentenced Anthony McIntosh, a former correctional officer at the Prince George’s County Detention Center, in Upper Marlboro, Md., to 24 months in prison for obstruction of justice. McIntosh had entered a guilty plea on Jan. 4, 2013, at which time he admitted that he had obstructed justice by providing false information about the circumstances surrounding the in-custody death of Ronnie White. At the time of his death on June 29, 2008, White was being detained on charges related to the death two days earlier of a Prince George’s County police officer.
McIntosh, 49, of Brooklyn, N.Y., admitted during his guilty plea that he had provided false information in a witness statement he submitted to a police detective investigating White’s in-custody death. McIntosh admitted that he omitted from his witness statement material information that was truthful and included information that he knew was false. Specifically, McIntosh claimed in the false witness statement that another officer had discovered White unresponsive in his single-occupant cell and had then summoned McIntosh to the cell. During his guilty plea, McIntosh admitted that, in actuality, he had been the first correctional officer to find White unresponsive in the cell and that he had failed to call a medical emergency signal as required by the Department of Corrections. McIntosh also admitted that he included in his statement the false claims that he never moved Ronnie White's body and that he “didn’t know what was going on” when his partner told him that White appeared to be unresponsive.
“Instead of lawfully carrying out his duties as a correctional officer, Mr. McIntosh used his official position to obstruct the search for the truth regarding the in-custody death of a pretrial detainee,” said Deputy Assistant Attorney General for the Civil Rights Division Roy L. Austin Jr. “The Justice Department will continue to vigorously prosecute officers who cross the line and engage in criminal misconduct.”
The case was investigated by the Baltimore Division of the FBI and was prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Ali Ahmad of the Civil Rights Division of the Department of Justice, with the assistance of the U.S. Attorney’s Office for the District of Maryland.Former Hells Angels President Sentenced to 46 Months in Prison for Cocaine TraffickingRead the Press Release
LAS VEGAS, Nev. – The former president of the Las Vegas chapter of the Hells Angels motorcycle club has been sentenced to 46 months in prison and five years of supervised release, for his guilty plea to conspiracy to possess 10 kilograms of cocaine with the intent to distribute, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
The case was investigated by ATF and the Las Vegas Metropolitan Police Department, and prosecuted by Assistant United States Attorney Andrew Duncan.
Paul Seifert, 46, of Las Vegas, was sentenced on May 30, 2013, by U.S. District Judge Gloria M. Navarro. Seifert was permitted to self-report to federal prison by Aug. 28, 2013.
Seifert and two others, Keith Hare, 43, and Miguel Macias, 33, were originally charged in November 2011. On May 2, 2008, Macias and Seifert, then members of the Hells Angels, met with an undercover agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and agreed to provide security for the undercover agent during a cocaine purchase. Macias and Seifert indicated they had experience providing security for similar transactions, and Seifert indicated he was president of the local Hells Angels chapter. On May 8, 2008, Seifert, Hare, and Macias met the undercover ATF agent at a hotel room in Las Vegas. Other ATF agents and law enforcement officers arrived at the hotel room and posed as sellers for 10 kilograms of cocaine. The undercover ATF agent purchased the cocaine, and the defendants were paid $3,000 for their “work.”
Hare also pleaded guilty to conspiracy to possess cocaine with the intent to distribute and is scheduled for sentencing on Aug. 14, 2013. Macias pleaded guilty to conspiracy to possess cocaine with the intent to distribute and conspiracy to possess methamphetamine with the intent to distribute and was sentenced on Sept. 12, 2012 to 70 months in prison.Former Florida Resident Pleads Guilty to Victimizing Consumers in Timeshare Telemarketing ScamRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that Hank Quimby, 35, of Lake Worth, Florida, pled guilty in federal district court on May 31, 2013. The charge arose out of a telemarketing scam which operated in Palm Beach County, Florida that bilked over 22,000 victims of $30 million dollars. Consumers were victimized in all fifty states, the District of Columbia and Puerto Rico, all ten Canadian provinces and the Northwest Territory of Canada. There were at least 54 victims in twenty seven (27) of the thirty eight (38) counties comprising the Southern District of Illinois.
The charge which Quimby plead guilty to states that Quimby was a telemarketer who worked for Creative Vacation Solutions and Universal Marketing Solutions which conducted a telemarketing timeshare resale scheme targeting timeshare owners throughout the United States and Canada. The information alleges that Creative Vacation Solutions and Universal Marketing Solutions falsely represented that they had found buyers for the consumers’ timeshare interests and solicited fees of up to several thousand dollars from each consumer in purported pre-paid closing costs and related expenses. The information alleges that the purported sales did not occur, closings were not scheduled as was often represented, and, in fact, Creative Vacation Solutions and Universal Marketing Solutions did not successfully sell any consumer’s timeshare interest. It is further alleged that Creative Vacation Solutions and Universal Marketing Solutions devoted essentially no resources to marketing their clients’ timeshare interest and simply pocketed the purported closing costs.
Multiple others have been charged in connection with the Creative Vacation Solutions telemarketing scam. On June 30, 2011, Jennifer Kirk pled guilty to a criminal information. She was sentenced on January 9, 2012 to over 16 years in prison and five years’ supervised release. On August 17, 2011, a federal grand jury in East St. Louis charged Steve Folan, Ryan Brazel, and Brian Morris in a multi-count indictment for their involvement in the alleged scheme. Folan, Brazel, and Morris pled guilty. Brazel was sentenced on June 29, 2012 to 121 months in prison and three years’ supervised release. Folan was sentenced to 60 months in prison and three years’ supervised release. Morris was sentenced to 168 months and five years’ supervised release. Joel Intravaia pled guilty to conspiracy in an information filed on August 19, 2011. He was sentenced to 60 months in prison and three years’ supervised release on December 9, 2011. Ralph Johnson entered a guilty plea to conspiracy charges filed in a criminal information on September 8, 2011. He was sentenced on December 16, 2011, to 46 months in prison and two years’ supervised release. On September 21, 2011, Kenneth Foote and Joseph Grizzanti were indicted by a federal grand jury in East St. Louis. On October 7, 2011, each filed a consent to transfer their case to the U.S. District Court for the Southern District of Florida in order to plead guilty to the charges there. On May 11, 2012 in the Southern District of Florida, Foot was sentenced to 60 months in prison and Grizzante to 72 months, respectively. Jeffrey Tracey Fields was charged with conspiracy in a criminal information on October 25, 2011. He filed a consent to transfer his case to the U.S. District Court for the Southern District of Florida in order to plead guilty to the charges there. Fields was sentenced to 101 months in prison. John Thomas Egan pled guilty to conspiracy charges filed in a criminal information on January 6, 2012. Egan was sentenced to 90 months in prison. On January 20, 2012, David Johnson and Erin Todd were indicted by a federal grand jury in East St. Louis. Johnson pled guilty and received 36 months in prison. Todd’s case was tried before a jury in September 2012. Todd was found guilty and sentenced to 42 months in prison. In March 2012, John Robert Eddy, Cloyd James Holmes, Jr., Gino Christopher Marquez, and Donald Myers were indicted by a federal grand jury in East St. Louis for conspiracy to commit wire fraud and mail fraud. Eddy pled guilty and received 60 months in prison; Holmes pled guilty and is awaiting sentencing; Marquez pled guilty and received 70 months in prison; and Myers pled guilty and received 30 months in prison. In April 2012, Daniel L. Gregg, Joshua G. Schneidau, and Lacey Marie Stone were indicted for conspiracy to commit wire fraud and mail fraud. Gregg pled guilty and received 27 months in prison; Schneidau pled guilty and received 60 months in prison; and Stone plead guilty and is awaiting sentencing. In May 2012 Anthony Colon, Troy Dye, Chris Gilkey, Marc Martinangelo, and Robert Santiago were indicted for conspiracy to commit wire fraud and mail fraud. Colon pled guilty and received 70 months in prison; Dye pled guilty and is awaiting sentencing; Gilkey pled guilty and received 27 months in prison; Martinangelo pled guilty and received 1 year plus 1 day in prison; and Santiago pled guilty and received 20 months in prison. In July 2012 Daniel James Ferrara and Robert Schmucker were indicted for conspiracy to commit wire fraud and mail fraud. Both Ferrara and Schmucker pled guilty and are awaiting sentencing.
The criminal charges follow an investigation by the St. Louis Field Office of the Chicago Division of the United States Postal Inspection Service, the Florida Attorney General’s Office, the Florida Department of Agriculture and Consumer Services, and the Boynton Beach Florida Police Department. The prosecution of the case is being handled by Assistant U.S. Attorneys Bruce E. Reppert and Katherine L. Lewis, and U.S. Attorney Stephen R. Wigginton.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proven guilty beyond a reasonable doubt to the satisfaction of a jury.
Former Attorney Pleads to Bank Fraud and Defrauding Investors in South African SchemeRead the Press Release
NORFOLK, Va. – Brian Ray Dinning, formerly of Suffolk, Va., pleaded guilty today to one count of wire fraud and one count of bank fraud.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, made the announcement after the plea was accepted by United States District Judge Raymond A. Jackson.
Dinning faces a maximum penalty of 30 years on the bank fraud charges and 20 years on the wire fraud charges when he is sentenced on October 2, 2013.
Dinning was a tax attorney in Suffolk, Virginia. Dinning’s scheme to defraud involved South African investment opportunities, including land developments, gold and diamond mining operations, and alleged charitable work for the South African tribes. Dinning orchestrated his scheme by soliciting local businessmen who were interested in investing in South Africa, either for charity or return on investments. Dinning promised his investors guaranteed returns on their investments.
Between 2005 and 2012, Dinning received over $2.5 million in investments and charitable donations to his numerous limited liability corporations (LLCs). Dinning’s bank records reveal that shortly after the investment checks and wires were deposited into one of his LLC bank accounts, Dinning would immediately use the money to pay for personal expenses, such as a down-payment and subsequent mortgage payments on his new home; alimony/child support payments to his ex-wife; payments for credit cards balances; payments to disgruntled former investors; and payments to his wife and family members. Dinning would periodically travel with his investors to South Africa to evaluate their investments. As a result of these trips, several investors realized they had been defrauded and either asked for a return of their investment and/or filed lawsuits against Dinning. Dinning eventually left the area after losing or settling several lawsuits, as well as losing his home in Suffolk. Nevertheless, Dinning continued to recruit other victims in Maryland, Pennsylvania, Canada and Europe.
In early 2012, Dinning became aware of the federal investigation concerning his projects and in May 2012, the defendant fled the United States and went to Toronto, Canada with his Canadian spouse. Dinning was indicted in June 2012 on 25 counts of wire fraud.
Dinning was indicted in September 2012, for defrauding Village Bank of Midlothian in 2005 and 2006. In late 2005, Dinning purchased a 2005 Mercedes ML 500 and then obtained a $40,000 auto loan from Village Bank. He filed for a new Virginia title that showed no liens on the car. In May 2006, the defendant sold the car to his father in Pennsylvania for $26,000. Dinning and his father showed this transaction as a gift, with the father and Dinning writing an affidavit of gift. In May 2006, the defendant applied for a home mortgage of $828,000 with Village Bank. Dinning falsified his mortgage application claiming $250,000 in income (he had been fired by his former employer, Trident, Inc., in Northern Virginia, in January 2006); he provided the bank falsified 2004 and 2005 tax returns; and misled the bank regarding his alimony or child support. Village Bank’s losses were approximately $223,000 on the two loans.
Dinning eventually was extradited from Canada on December 20, 2012, and was held for pretrial detention pending trial. This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorneys Stephen W. Haynie and Elizabeth M. Yusi are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Foreign National Sentenced on Firearms, Immigration OffensesRead the Press Release
Emilio Barrios-Cortez, 38, a citizen of Mexico, who most recently resided in Madison, Illinois, was sentenced to prison on June 1, 2013, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Barrios-Cortez, who had previously entered a plea of guilty on December 10, 2012, to Unlawful Possession of a Firearm by an Illegal Alien (Count 1), and Entry Into the United States Without Inspection (Count 2) was sentenced to 21 months in federal prison and ordered to pay a special assessment of $110. The Court also ordered that the firearm possessed by Barrios-Cortez be forfeited to the United States. The sentencing Court entered a Judicial Order of Removal, which will require Barrios-Cortez to be deported from the United States following the service of his sentence.
Barrios-Cortez was arrested on August 23, 2012, when federal agents went to a residence in Madison to attempt to arrest two individuals who had been charged as a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. Agencies participating in that investigation included the Drug Enforcement Administration (DEA), Internal Revenue Service, Criminal Investigations, the U.S. Immigration and Customs Enforcement Office of Homeland Security Investigations (ICE HSI), U.S. Marshal Service, the Granite City Police Department, Fairview Heights Police Department, the Collinsville Police Department, the St. Louis Metropolitan Police Department, the St. Louis County (Missouri) Police Department, the St. Charles County (Missouri) Sheriff’s Department, and the Nebraska State Patrol. Although those two individuals were not located at that time, agents did locate a sawed-off shotgun, which further investigation revealed had been possessed by Barrios-Cortez. In addition, according to the Stipulation of Facts filed with the Court at the time of the plea, Barrios-Cortez admitted to agents that he was an illegal alien who entered the country in October 2002 near Douglas, Arizona.
This case was assigned to Assistant United States Attorney Randy G. Massey.
Five Charged with Heroin Trafficking Conspiracy Resulting in Death, Serious Bodily InjuryRead the Press Release
Peoria, Ill. – An indictment that charges five individuals with conspiracy to distribute heroin was unsealed this afternoon upon initial court appearances of three of the defendants in custody: Monta Y. Anderson, 35; Diondre P. Harris, 23; and, Walter Nealy IV, 36, made their initial appearance in federal court this afternoon. Harris, of Peoria, Ill., and Nealy previously of New Orleans, now residing in Peoria, were arrested on Sat., June 1; Anderson was already in the custody of the Illinois Department of Corrections. Two other defendants charged in the indictment, Leland D. Jones, 34; and Latanya R. Anderson, 37, both of Chicago, remain at large.
The charges are the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation announced today by U.S. Attorney Jim Lewis, Central District of Illinois. The DEA task force worked cooperatively with the Peoria Police Department, Illinois State Police, and members of the Tazewell County Major Crimes Task Force and the Peoria Metropolitan Enforcement Group to investigate the case. Assistant U.S. Attorney Tate Chambers is prosecuting the case in the Central District of Illinois, Peoria Division.
The indictment, which charges the defendants with a single count of conspiracy to distribute heroin, alleges that from about May 2010 to the present, the five defendants conspired to distribute more than 1,000 grams of heroin. Further, the indictment alleges that as a result of this conspiracy, death and serious bodily injury resulted from use of the heroin.
If convicted, for the offense of conspiracy to distribute more than 1,000 grams of heroin, the statutory penalty is 10 years to life in prison; if a defendant has one or more prior felony drug convictions, the penalty is 20 years to life in prison; with two or more prior felony drug convictions, the statutory penalty is life in prison. If it is found that death or serious bodily injury resulted from the use of the heroin, the penalty is a mandatory 20 years in prison to life sentence.
Members of the public are reminded that an indictment is merely an accusation; each defendant is presumed innocent unless proven guilty.Felon with Loaded Firearms and Heroin Pleads Guilty to Federal ChargesRead the Press Release
HUNTINGTON, W.Va. – A felon who possessed loaded firearms and heroin at his Huntington residence pleaded guilty today to federal charges, announced U.S. Attorney Booth Goodwin. Obadiah Pacely, 45, of Huntington, sold heroin to a confidential informant working in cooperation with law enforcement on February 25, 2013. Following the heroin transaction, law enforcement agents executed a search warrant on Pacely’s Huntington residence. During the execution of the search warrant, Pacely fled the residence. The defendant was apprehended a short time later by police. A law enforcement search of Pacely’s residence revealed a loaded pistol, a loaded revolver, one .22 caliber rifle and heroin located in the defendant’s bedroom.
Pacely was previously convicted in November 1987 in the 31st Circuit Court, St. Clair County, Michigan of felony delivery/manufacture of a controlled substance. Pacely was also previously convicted in January 2001 in the Court of Common Pleas, Lorain County, Ohio of felony grand theft of an automobile. He did not have his rights to possess a firearm restored.
Pacely faces up to 10 years in prison and a $250,000 fine when he is sentenced on August 26, 2013 by Chief United States District Judge Robert C. Chambers.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Huntington Police Department and the Drug Enforcement Administration (DEA). Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.
The matter is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Federal Jury Finds Meriden Police Officer Guilty of Using Unreasonable Force, Obstructing JusticeRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the Federal Bureau of Investigation, today announced that a federal jury in New Haven has found Meriden Police Officer EVAN COSSETTE, 26, guilty of one count of using unreasonable force and one count of obstructing a federal investigation by preparing a false report. The trial before United States District Judge Janet Bond Arterton began on May 28 and the jury returned its verdict this afternoon after deliberating for less than three hours.
According to evidence at trial, on May 1, 2010, COSSETTE and another Meriden Police officer responded to a reported hit-and-run incident. After identifying “P.T.” as the driver likely involved in the hit-and-run incident, the officers placed him under arrest. COSSETTE transported P.T. to the Meriden Police Department and escorted a compliant and handcuffed P.T. from the squad car to the holding cell. Once inside the holding cell, COSSETTE firmly shoved a retreating P.T., causing him to fall backward and strike his head on a cement cell bench. P.T. suffered a 12-centimeter gash to the back of his head and lost consciousness. P.T. was then transported to the hospital for treatment.
COSSETTE obstructed justice by making false and misleading statements, as well as material omissions, in his report relating to the arrest and processing of P.T. in order to cover up and create a false justification for his assault upon P.T.
“We thank the members of the jury for their thoughtful consideration of the evidence,” stated Acting U.S. Attorney Daly. “Our system of justice cannot tolerate abuses by police officers, and today’s verdict helps preserve the integrity of a profession that is entrusted with protecting our liberties as well as our safety.”
“As law enforcement officers, we are measured by a higher standard because we are both sworn and privileged to uphold the United States Constitution,” stated FBI Special Agent in Charge Mertz. “We must meet that standard with unfailing integrity and honor. Those who cannot meet that essential standard should not be wearing a badge. While there is no joy in today’s guilty verdict, we know that justice has been served.”
Judge Arterton has scheduled sentencing for August 28, 2013, at which time COSSETTE faces a maximum term of imprisonment of 30 years.
This matter was investigated by the Federal Bureau of Investigation and the Connecticut State Police. The case is being prosecuted by Assistant United States Attorneys Paul H. McConnell and David E. Novick.
PUBLIC AFFAIRS CONTACT:
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(203) 821-3722 [email protected]Federal Inmate Admits Escaping from Renewal CenterRead the Press Release
PITTSBURGH, Pa. - A Pittsburgh resident pleaded guilty in federal court to a charge of escape from custody, United States Attorney David J. Hickton announced today.
Alfonso Evans, 23, of Pittsburgh, Pa., pleaded guilty to one count before United States District Judge Terrence F. McVerry.
In connection with the guilty plea, the court was advised that on Sept. 29, 2012, Evans escaped from federal custody at the Renewal Center in Pittsburgh, while serving a 39-month term of incarceration for a previous federal conviction for conspiracy and identity theft in 2010.
Judge McVerry scheduled the sentencing for Sept. 12, 2013. The law provides for a maximum total sentence of not more than five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the United States Marshals Service conducted the investigation that led to the prosecution of Alfonso Evans.
Dutschke Indicted in Ricin Letters CaseRead the Press Release
OXFORD, Miss. Felicia C. Adams, United States Attorney for the Northern District of Mississippi, and Daniel McMullen, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in Mississippi, announce:
James Everett Dutschke, age 41, of Tupelo, Mississippi, has been charged as a defendant in a five-count indictment returned by a federal grand jury sitting in the Northern District of Mississippi. The indictment charges Dutschke with one count of knowingly developing, producing, stockpiling, transferring, acquiring, retaining and possessing a biological agent, toxin and delivery system, for use as a weapon, to wit: ricin, and with attempting to do the same, in violation of Title 18, United States Code, Section 175(a) (if convicted on this charge, Dutschke faces maximum possible penalties of life imprisonment, a $250,000 fine and 5 years of supervised release); one count of threatening the President of the United States by mail, in violation of Title 18, United States Code, Section 871 (maximum penalties of 5 years imprisonment, $250,000 fine and 3 years supervised release); two counts of threatening others by mail, in violation of Title 18, United States Code, Section 876(c) (maximum penalties of 20 years imprisonment, $250,000 fine and 3 years supervised release); and one count of falsifying, concealing and covering up by trick, scheme and fraudulent device, material facts, to impede the investigation of threatening letters containing ricin, in an effort to make it appear that someone else had sent the threatening letters, in violation of Title 18, United States Code, Section 1001 (maximum penalties of 5 years imprisonment, $250,000 fine and 3 years supervised release). A copy of the Indictment is attached.
Dutschke is expected to appear in the United States District Court in Oxford, Mississippi, on Thursday, June 6, 2013, before U. S. Magistrate Judge S. Allan Alexander. The indictment is a charge and a defendant is presumed innocent until proven guilty in court.
The indictment resulted from a cooperative investigation by the Federal Bureau of Investigation-Mississippi and Memphis Joint Terrorism Task Forces, the United States Secret Service, the U. S. Postal Inspection Service, the U. S. Capitol Police, the United States Attorney’s Office for the Northern District of Mississippi and the Counterterrorism Section of the Justice Department’s National Security Division, assisted by the following state and local agencies: Mississippi National Guard 47th Civil Support, Mississippi Office of Homeland Security, Lee County Sheriff’s Office, Prentiss County Sheriff’s Office, Corinth Police Department, Tupelo Police Department and Booneville Police Department. The case is being prosecuted by Assistant United States Attorneys John Marshall Alexander, Chad Lamar and Clay Joyner of the Northern District of Mississippi, and Andrew Sigler of the Department of Justice, National Security Division.Dubuque Man Sentenced to over 23 Years' Imprisonment for Manufacturing MethamphetamineRead the Press Release
Methamphetamine Lab Caused Fire at House Occupied by Sleeping Child
A man whose house caught fire from an illegal methamphetamine lab was sentenced today to more than 23 years in federal prison.
Rory Lee Zirkelbach, age 43, from Dubuque, Iowa, received the prison term after a February 28, 2013, guilty plea to one count of manufacturing methamphetamine within 1000 feet of a protected location following a prior felony drug conviction.
The evidence at a prior detention hearing showed that on May 31, 2012, Zirkelbach attempted to make methamphetamine on the second floor of his residence on Jackson Street in Dubuque. The methamphetamine lab caught fire. A passing bus driver stopped his bus in front of the house and yelled at a neighbor standing on the front porch that the house was on fire. The neighbor reentered her half of the burning house to rescue her sleeping minor child. During the investigation of the fire, officials found the remnants of the methamphetamine lab which caused the fire. This residence was within 1,000 feet of Fulton Elementary School and Comiskey Park, both protected locations. Zirkelbach was convicted in 1998 of possession with intent to deliver amphetamine and possession with intent to deliver cocaine.
Zirkelbach was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Zirkelbach was sentenced to 235 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $40,803.64 in restitution for damages resulting from the fire. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
Zirkelbach is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Dubuque Drug Task Force consisting of officers from the Dubuque Police Department and the Dubuque County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-1001.
Doctor Convicted in Kickback Scheme <br /> Involving a Philadelphia HospiceRead the Press Release
A federal jury sitting in the Eastern District of Pennsylvania convicted Eugene Goldman, M.D., 55, of Philadelphia, of one count of conspiring to violate the anti-kickback statute and four counts of violating the anti-kickback statute in relation to his role in a kickback scheme arising from his employment as the Medical Director at Home Care Hospice Inc. (HCH), announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania.
The evidence at trial proved that from approximately December 2000 until approximately July 2011, Goldman served as the medical director for HCH and regularly referred Medicare or Medicaid patient beneficiaries to HCH. HCH was a for-profit business in Philadelphia that provided hospice services for patients at nursing homes, hospitals and private residences.
In December 2000, Goldman and one of the co-owners of HCH entered into a written contract to create the false appearance that all payments to Goldman from HCH were for services rendered in Goldman’s capacity as medical director for HCH, when in fact the large majority of payments from HCH to Goldman were illegal payments for the referral of Medicare and/or Medicaid patients to HCH. From January 2003 to October 2008, Goldman received approximately $263,000 in illegal payments for patient referrals. In January, February and March 2009, Goldman was captured on tape receiving kickbacks for patient referrals.
Goldman faces a maximum penalty of five years in prison for each count of conviction when he is sentenced on Sept. 9, 2013, by U.S. District Judge Eduardo Robreno. The conviction will result in the mandatory exclusion of Goldman from participation in any federal health care program, and he also faces the possible loss of his medical license.
The case was investigated by the FBI and the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Suzanne B. Ercole and Trial Attorney Margaret Vierbuchen of the Organized Crime and Gang Section in the Justice Department’s Criminal Division prosecuted the case on behalf of the United States.
Doctor Convicted in Kickback Scheme Involving A Philadelphia HospiceRead the Press Release
PHILADELPHIA – A federal jury has returned guilty verdicts against Eugene Goldman, M.D., 55, of Philadelphia, on one count of conspiring to violate the anti-kickback statute and four counts of violating the anti-kickback statute in relation to his role in a kickback scheme arising from his employment as the Medical Director at Home Care Hospice Inc. (HCH). U.S. District Court Judge Eduardo Robreno scheduled a sentencing hearing for September 9, 2013.
The evidence at trial proved that from approximately December 2000 until approximately July 2011, Dr. Goldman served as the medical director for HCH and regularly referred Medicare or Medicaid patient beneficiaries to HCH. HCH was a for-profit business in Philadelphia that provided hospice services for patients at nursing homes, hospitals and private residences.
In December 2000 the defendant and one of the co-owners of HCH entered into a written contract to create the false appearance that all payments to Goldman from HCH were for services rendered in Goldman’s capacity as medical director for HCH, when in fact the large majority of payments from HCH to Goldman were illegal payments for the referral of Medicare and/or Medicaid patients to HCH. From January 2003 to October 2008, Goldman received approximately $263,000 in illegal payments for patient referrals. In January, February and March 2009, Goldman was captured on tape receiving kickbacks for patient referrals.
The maximum penalty for each count is five years in prison, a $250,000 fine, a three year term of supervised release and a $100 special assessment. The conviction will result in the mandatory exclusion of Dr. Goldman from participation in any federal health care program.
The case was investigated by the Federal Bureau of Investigation and the Department of Health and Human Services, Office of Inspector General. It was prosecuted by Assistant United States Attorney Suzanne B. Ercole and Trial Attorney Margaret Vierbuchen of the Organized Crime and Gang Section in the Justice Department’s Criminal Division.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525District Man Found Guilty of Second-Degree Murder While Armed in 2011 Slaying in Northwest Washington-Victim, 19, Was Shot Four Times in an Attempted Robbery-Read the Press Release
WASHINGTON – Rashid Caviness-Bey, 20, of Washington, D.C., was found guilty by a jury today of charges stemming from a murder that took place during an attempted armed robbery in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Caviness-Bey was found guilty by a jury in the Superior Court of the District of Columbia of charges of second-degree murder while armed and carrying a pistol without a license in the slaying of 19-year old Osman Al-Akbar. The Honorable Lynn Leibovitz scheduled sentencing for Aug. 2, 2013.
According to the government’s evidence, on Aug. 17, 2011, at about 1:30 a.m., Mr. Al-Akbar bicycled toward his home after visiting his girlfriend’s house. As he was riding home, he talked on his cell phone with his girlfriend. At the same time, Caviness-Bey and two teenagers emerged from Girard Park near the 2600 block of University Place NW. They carried two guns and dressed in a manner to conceal themselves.
Mr. Al-Akbar encountered Caviness-Bey and the two teenagers in the 2600 block of University Place NW, where they tried to rob him. During the encounter, Mr. Al-Akbar was shot three times in the back. After he fell to the street, dying, he was shot a fourth time in the face with a second gun. Mr. Al-Akbar died in the street next to his bicycle and personal belongings, which were scattered around him.
Caviness-Bey and the teenagers fled after the shooting. One of the teenagers and Caviness-Bey fled into a dead-end alley behind an apartment building at the corner of 15th and Fuller Streets NW. Along the way, witnesses saw them discard the clothing they had worn to conceal themselves during the robbery. One of the witnesses also spotted them with a gun. The witness alerted the police to the alley that Caviness-Bey and the teenager ran into. The police found Caviness-Bey and the teenager hiding at the bottom of a basement stairwell. Nearby, the police found the two guns used to kill Mr. Al-Akbar. The police also found the discarded clothing in the alley and in the trash receptacles near the alley.
In announcing the guilty verdict, U.S. Attorney Machen commended the work of the detectives of the Criminal Investigations Division, crime scene officers, and the Third Police District of the Metropolitan Police Department, and the U.S. Park Police. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Michael Ortwein (now with the U.S. Attorney’s Office for the Eastern District of Michigan), who secured the indictment in the case; Criminal Investigator Durand Odom; Jelahn Stewart, Michael Hailey, David Foster, Marcia Rinker, Melissa Milam, and Christina Principe, all of the Victim Witness Assistance Unit; Kimberly Smith, William Henderson, and Leif Hickling of the Litigation Technology Unit, Paralegal Specialists Marian Russell and Ethel Noble; the supervisors of the Appellate Division; and Librarian Lisa Kosow. Finally, he praised the efforts of Assistant U.S. Attorney Shana L. Fulton who tried the case.
13-193DRUG AND VIOLENT CRIME SWEEP NETS NEARLY 30 ON AND AROUND THE YAVAPAI-APACHE NATION(Correction)Read the Press Release
PHOENIX, Ariz. – Add: the P.A.N.T. (Partners Against Narcotics Traffickers),
The Federal Bureau of Investigation’s Northern Arizona Safe Streets Task Force, the P.A.N.T. (Partners Against Narcotics Traffickers), the Yavapai County Drug Task Force, and the Yavapai-Apache Nation Tribal Police Department led this coordinated enforcement action. They received significant operational assistance from the Yavapai County Sheriff’s Office; the Cottonwood Police Department; the Camp Verde Marshals Office; Arizona Department of Public Safety; the U. S. Drug Enforcement Administration; the U.S. Marshals Service; the U.S. Immigration and Customs Enforcement (ICE), the Department of Homeland Security; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Coconino County METRO Drug Task Force.
RELEASE NUMBER: 2013-044_Yavapai-ApacheTakedown(Corrected)
For more information on the U.S. Attorney’s Office, District of Arizona visit http://www.justice.gov/usao/az
Crownpoint Man Pleads Guilty to Involuntary Manslaughter Charges Arising Out of the Deaths of Three IndiviudalsRead the Press Release
ALBUQUERQUE – Brendan Harry, 21, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning to an indictment charging him with three counts of involuntary manslaughter and one count of assault resulting in serious bodily injury.
The charges to which Harry pleaded guilty arise out of a single motor vehicle crash that occurred on March 31, 2012, near Borrego Pass, N.M., on the Navajo Indian Reservation. Three individuals who were passengers in the vehicle died as a result of injuries they sustained during the crash. A fourth passenger suffered serious bodily injuries. All four victims were members of the Navajo Nation. During today’s plea hearing, Harry admitted that he was driving while intoxicated and caused the death of three of his passengers and serious injury to a fourth passenger when he crashed the vehicle.
Under the terms of his plea agreement, Harry will be sentenced to 57 months in federal prison followed by three years of supervised release. Harry remains in federal custody pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Cedar Grove Man Sentenced to 140 Months in Prison for Being A Felon in Possession of A FirearmRead the Press Release
Jackson, TN – Michael Barrett Roberts, 40, of Cedar Grove, TN, was sentenced today to 140 months in federal prison following his guilty plea to one count of being a felon in possession of a firearm, announced U.S. Attorney Edward L. Stanton III.
As revealed in the indictment and during today’s sentencing hearing, on March 2, 2012 law enforcement officers received information that methamphetamine was being manufactured at Michael Roberts’ home located in Cedar Grove, TN. Roberts’ grandmother was the owner of the house, and she consented to allow law enforcement to search her home.
In the upper part of the house, where Roberts lived, investigators noticed a wall between the bathroom and the bedroom that had loose paneling and missing trim. Hidden inside this wall was a sawed-off Winchester 12 gauge shotgun that had a barrel less than 18 inches long. The overall length of the firearm was less than 26 inches. The serial number on the weapon was obliterated, and the weapon was not registered as required by federal law.
Roberts pleaded guilty on December 6, 2012 to being a felon in possession of a firearm. In addition to the prison sentence, U.S. District Judge J. Daniel Breen ordered Roberts to serve two years of supervised release. There is no parole in the federal system.
This case was investigated by the Carroll County Sheriff’s Department, the 24th Judicial District Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant U.S. Attorney Beth Hall represented the government.Cabell County Man Sentenced to Prison for Illegal Firearm PossessionRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Cabell County man was sentenced to one year and two months in federal prison followed by three years of supervised release for illegal firearm possession. Kenneth Richard Nance, 43, of Barboursville, W.Va., previously pleaded guilty in March to possession of a firearm by a person subject to a domestic violence protection order. On December 7, 2011, Nance possessed a Raven .25-caliber pistol.
At the time Nance possessed the firearm, he was subject to a Domestic Violence Protection Order (DVPO) issued by the Family Court of Cabell County, West Virginia. Nance knew that the DVPO was in effect at the time he possessed the firearm in December 2011. The defendant also knew it was illegal to possess a firearm or ammunition while the DVPO was in effect.
The investigation was conducted by the FBI, the ATF, the Cabell County Sheriff’s Department and the West Virginia State Police. Assistant United States Attorney Lisa Johnston handled the prosecution. The sentence was imposed by Chief United States District Judge Robert C. Chambers.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Bosnian National Extradited to Stand Trial for Murder and TortureRead the Press Release
WASHINGTON - The United States has extradited Sulejman Mujagic, a citizen of Bosnia and Herzegovina and a resident of Utica, New York, to stand trial in Bosnia for charges relating to the torture and murder of one prisoner of war and the torture of another during the armed conflict in Bosnia.
Acting Assistant Attorney General Mythili Raman of the Justice Department's Criminal Division, U.S. Attorney Richard S. Hartunian of the Northern District of New York, and U.S. Immigration and Customs Enforcement (ICE) Director John Morton made the announcement.
“This extradition is the result of close cooperation between the U.S. and Bosnian authorities to bring alleged perpetrators of war crimes and torture in Bosnia to justice,” said Acting Assistant Attorney General Raman.
“Through the coordinated efforts of many law enforcement agencies and prosecutors, Sulejman Mujagic will stand trial in a Bosnian court for the alleged murder of an unarmed soldier and the torture of a second soldier,” said United States Attorney Hartunian. “This case is a reflection of our steadfast commitment to support the rights of crime victims - wherever they are.”
“For the families who lost loved ones during the Bosnian war, justice has been a long time coming, but they can take some comfort in knowing that those responsible for this tragedy are now being held accountable for their crimes,” said ICE Director John Morton. “I applaud the outstanding work by Homeland Security Investigations (HSI) special agents in upstate New York, ICE's Human Rights Violators and War Crimes Center, and our partners at the Department of Justice and Bosnia and Herzegovina authorities. Thanks to their efforts, Sulejman Mujagic will now face justice for his actions. We will continue to work tirelessly to ensure our country does not serve as a safe haven for human rights violators and others who have committed heinous acts.”
Mujagic is being extradited to Bosnia to be tried for war crimes committed on or about March 6, 1995, during the armed conflict that followed the breakup of the former Yugoslavia. Bosnia has alleged that Mujagic, then a platoon commander in the Army of the Autonomous Province of Western Bosnia, summarily tortured and executed a disarmed Bosnian Army soldier and tortured a second soldier after the two prisoners had been captured by Mujagic and his men.
In response to the Bosnian government's request for extradition pursuant to the extradition treaty currently in force between the United States and Bosnia, the U.S. Department of Justice filed a complaint in U.S. federal district court on Nov. 27, 2012, and HSI special agents arrested Mujagic the next day in Utica, New York, for purposes of extradition.
On April 2, 2013, the federal district court in the Northern District of New York ruled that Mujagic was subject to extradition to Bosnia to stand trial for the murder and torture of the two unarmed victims. On May 31, 2013, Mujagic was delivered to Bosnian authorities and removed from the United States. The Office of the Cantonal Prosecutor of the Una-Sana Canton in Bihac is handling Mujagic's prosecution in Bosnia.
Mujagic entered the United States in July 1997 and obtained status as a lawful permanent resident in March 2001. Mujagic does not retain U.S. citizenship.
This case was investigated by HSI Buffalo, with assistance from the ICE Human Rights Violators and War Crimes Center and INTERPOL Washington. The case was handled by Trial Attorneys Ivana Nizich and Jay Bauer of the Human Rights and Special Prosecutions Section of the Justice Department's Criminal Division and Assistant U.S. Attorney Carla Freedman of the Northern District of New York. The extradition was handled collaboratively with Criminal Division Trial Attorneys Ken Harris, Marcus Busch and Terry Schubert of the Office of International Affairs.
The case was a result of the close cooperation between the U.S. and Bosnian authorities, particularly the Ministry of Internal Affairs and the Office of the Public Prosecutor of the Una-Sana Canton in Bihac, Bosnia.
Bosnian National Extradited <br /> to Stand Trial for Murder and TortureRead the Press Release
The United States has extradited Sulejman Mujagic, a citizen of Bosnia and Herzegovina and a resident of Utica, N.Y., to stand trial in Bosnia for charges relating to the torture and murder of one prisoner of war and the torture of another during the armed conflict in Bosnia.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Richard S. Hartunian of the Northern District of New York and U.S. Immigration and Customs Enforcement (ICE) Director John Morton made the announcement.
“This extradition is the result of close cooperation between the U.S. and Bosnian authorities to bring alleged perpetrators of war crimes and torture in Bosnia to justice,” said Acting Assistant Attorney General Raman.
“Through the coordinated efforts of many law enforcement agencies and prosecutors, Sulejman Mujagic will stand trial in a Bosnian court for the alleged murder of an unarmed soldier and the torture of a second soldier,” said U.S. Attorney Hartunian. “This case is a reflection of our steadfast commitment to support the rights of crime victims – wherever they are.”
“For the families who lost loved ones during the Bosnian war, justice has been a long time coming, but they can take some comfort in knowing that those responsible for this tragedy are now being held accountable for their crimes,” said ICE Director Morton. “I applaud the outstanding work by Homeland Security Investigations (HSI) special agents in upstate New York, ICE’s Human Rights Violators and War Crimes Center, and our partners at the Department of Justice and Bosnia and Herzegovina authorities. Thanks to their efforts, Sulejman Mujagic will now face justice for his actions. We will continue to work tirelessly to ensure our country does not serve as a safe haven for human rights violators and others who have committed heinous acts.”
Mujagic is being extradited to Bosnia to be tried for war crimes committed on or about March 6, 1995, during the armed conflict that followed the breakup of the former Yugoslavia. Bosnia has alleged that Mujagic, then a platoon commander in the Army of the Autonomous Province of Western Bosnia, summarily tortured and executed a disarmed Bosnian Army soldier and tortured a second soldier after the two prisoners had been captured by Mujagic and his men.
In response to the Bosnian government’s request for extradition pursuant to the extradition treaty currently in force between the United States and Bosnia, the U.S. Department of Justice filed a complaint in U.S. federal district court on Nov. 27, 2012, and HSI special agents arrested Mujagic the next day in Utica for purposes of extradition.
On April 2, 2013, the federal district court in the Northern District of New York ruled that Mujagic was subject to extradition to Bosnia to stand trial for the murder and torture of the two unarmed victims. On May 31, 2013, Mujagic was delivered to Bosnian authorities and removed from the United States. The Office of the Cantonal Prosecutor of the Una-Sana Canton in Bihac is handling Mujagic’s prosecution in Bosnia.
Mujagic entered the United States in July 1997 and obtained status as a lawful permanent resident in March 2001. Mujagic does not retain U.S. citizenship.
This case was investigated by HSI Buffalo, with assistance from the ICE Human Rights Violators and War Crimes Center and INTERPOL Washington. The case was handled by Trial Attorneys Ivana Nizich and Jay Bauer of the Human Rights and Special Prosecutions Section of the Justice Department’s Criminal Division and Assistant U.S. Attorney Carla Freedman of the Northern District of New York. The extradition was handled collaboratively with Criminal Division Trial Attorneys Ken Harris, Marcus Busch and Terry Schubert of the Office of International Affairs.
The case was a result of the close cooperation between the U.S. and Bosnian authorities, particularly the Ministry of Internal Affairs and the Office of the Public Prosecutor of the Una-Sana Canton in Bihac, Bosnia.
Bassett Man Pleads Guilty to Breaking into Post OfficeRead the Press Release
DANVILLE, VIRGINIA -- An 18-year-old Bassett, Va., man pled guilty this morning to breaking into a Henry County Post Office and causing close to $20,000 worth of damage.
Matthew Fitzgerald, 18, of Bassett, Va., pled guilty this morning in the United States District Court for the Western District of Virginia in Danville to one count of willfully committing a depredation against property of the United States, specifically the Fieldale Post Office.
“Mr. Fitzgerald caused major damage to the Fieldale Post Office and for that he has been justly held accountable,” United States Attorney Timothy J. Heaphy said today. “My hope is that restitution will be ordered in this case to cover the cost of the defendant’s destructive behavior.”
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Charlene R. Day, Fitzgerald admitted that on April 18, 2013 he broke into the Fieldale Post Office located in Henry County and damaged property inside.
Fitzgerald has admitted to breaking windows, glass, damaging computers, discharging a fire extinguisher, throwing more than 1,000 keys on the floor and breaking florescent light tubes. In all, Fitzgerald caused $19, 309 in damages.
At sentencing, the defendant faces a maximum possible penalty of up to 10 years in prison and/or a fine of up to $250,000.
The investigation of the case was conducted by the United States Postal Inspection Service and the Henry County Sheriff’s Office. Assistant United States Attorney Charlene Day is prosecuting the case for the United States.
Attorney Sentenced to 30 Months in Prison for Role in Mortgage Fraud SchemeRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, today announced that JOSEPH KRIZ, 50, of Wilton, was sentenced on Friday, May 31, by United States District Judge Janet C. Hall in New Haven to 30 months of imprisonment, followed by three years of supervised release, for his role in a Fairfield County mortgage fraud scheme.
According to court documents and statements made in court, KRIZ practiced as a real estate attorney and was a licensed mortgage broker. Beginning in approximately 2005, KRIZ partnered with William A. Trudeau, Jr. to purchase, develop and sell properties by defrauding banks and mortgage lenders. As part of the scheme, Trudeau, KRIZ and others submitted false mortgage loan applications to financial institutions to obtain mortgages on various properties in Fairfield County in order to develop and sell the properties for profit, and to pay off debts owed to “hard money” lenders from whom they had previously obtained high interest loans. The mortgage applications, which included false income information and omitted the mortgage applicants’ true indebtedness, caused the financial institutions to issue mortgage loans on properties that Trudeau, KRIZ and their co-conspirators would not have otherwise been qualified to purchase, allowing the applicants to qualify for mortgages that far exceeded their ability to repay the loans.
Through this scheme, Trudeau, KRIZ and others fraudulently obtained more than $4 million in mortgage loans to purchase six properties in Westport and Newtown. To date, mortgage lenders have lost more than $1.9 million.
In addition, KRIZ stole approximately $3.5 million from his IOLTA account in order to service the various loans he and his co-conspirators had taken to secure the properties.
Trudeau also defrauded private lenders of a total of more than $1 million.
On August 4, 2008, KRIZ pleaded guilty to one count of conspiracy to commit bank fraud, one count of fraud in loan and credit applications, and one count of mail fraud.
KRIZ cooperated with the investigation and testified at Trudeau’s trial. On October 9, 2012, a jury found Trudeau guilty of one count of conspiracy to commit bank fraud, mail fraud and wire fraud, and one count of wire fraud. On February 12, 2013, Trudeau was sentenced to 188 months of imprisonment.
This matter was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Rahul Kale and Christopher Schmeisser.
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(203) 821-3722 [email protected]Atlanta Crack Cocaine Dealer Pleads Guilty to Federal Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced today that an Atlanta man pleaded guilty in federal court in Huntington to distribution of crack cocaine. Jaron Dontae Reed also known as “Ron Ron,” 24, stopped by the Smokin’ Aces store that was located in Huntington and sold crack cocaine to undercover agents working for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Reed sold crack cocaine on three separate occasions at the former Smokin’ Aces store in August and September 2010.
Reed sold a total of 67 grams of crack cocaine to undercover agents who were working at the Smokin’ Aces store.
Reed faces up to 20 years in prison and a $1 million fine when he is sentenced on September 3, 2013 by Chief United States District Judge Robert C. Chambers.
This case was investigated by the ATF and the Huntington Police Department. Assistant United States Attorney Joshua Hanks is in charge of the prosecution.
This case was prosecuted as part of a yearlong undercover operation that targeted illegal drug and firearm crimes in the Huntington area. The operation was led by the ATF and assisted by the U.S. Attorney’s Office, the Huntington Police Department, and various other law enforcement agencies. It was announced to the public in March 2011 after a grand jury returned indictments against 55 defendants.