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Thursday 18 April 2013
Two Charged in Identity Theft SchemeRead the Press Release
Arthur L. Long, Jr. , 25, and Jeremy Stanton, 26, all of Philadelphia, Pennsylvania, were charged on April 18, 2013 by Indictment with conspiracy, access device fraud and aggravated identity theft, in a scheme using counterfeit access device cards to make purchases at retail stores, such as Macy’s, Victoria’s Secret, J. Crew, Gap, Modells and Target, announced United States Attorney Zane David Memeger.
If convicted of all charges, Long faces a maximum possible sentence of 31 years in prison and a $1.5 million fine; and Stanton faces a maximum possible sentence of 17 years in prison and a $750,000 fine.
The case was investigated by the United States Secret Service, with the assistance of the Upper Merion Township Police Department, and is being prosecuted by Assistant United States Attorney K.T. Newton.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Two Atlanta Men Plead Guilty to Federal Hate Crime Against Gay ManRead the Press Release
Christopher Cain, 19, and Dorian Moragne, 20, both of Atlanta, pleaded guilty today in federal court to beating a man because of his sexual orientation.
According to information presented in court, Cain, Moragne and a juvenile, all associated with the Jack City street gang, targeted a 20-year-old gay man on Feb. 4, 2012, as the man left a grocery store in Atlanta’s Pittsburgh neighborhood. Cain punched the victim in the head and pushed him to the ground. Cain, Moragne and the juvenile surrounded the victim and repeatedly punched and kicked him while the group yelled anti-gay epithets, including “No f****** in Jack City.” Moragne then picked up a tire and struck the victim with it. The group also stole the victim’s cell phone. A fourth person, also with the defendants, recorded the assault using a cell phone. The video footage was posted to the internet.
“Hate-fueled violence will not be condoned,” said Roy L. Austin Jr., Deputy Assistant Attorney General for the Civil Rights Division. “The Justice Department will use all the tools in our law enforcement arsenal to investigate and prosecute hate crimes.”
“Using violence against another person because of his or her sexual orientation has no place in our civilized society. The Department of Justice is committed to aggressively enforcing the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act to prosecute acts motivated by hate,” said U.S. Attorney Sally Quillian Yates.
Cain and Moragne admitted to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which expanded federal jurisdiction to include certain assaults motivated by the victim’s sexual orientation. The federal hate crimes law criminalizes certain acts of violence motivated by a victim’s actual or perceived race, color, national origin, religion, sexual orientation, disability, gender or gender identity. This case is the first in Georgia to charge a violation of the sexual orientation provision of this federal hate crimes law.
Last year, Cain, Moragne and the juvenile, who was considered an adult under Georgia law, were prosecuted in Fulton County, Ga., Superior Court for offenses that did not include a hate crime. In state court, Cain and Moragne were sentenced to a term of 10 years in prison, suspended upon the service of five years. As part of their plea agreement, federal prosecutors recommended that their federal and state sentences run concurrently.
This case is being investigated by special agents of the FBI and investigators with the Atlanta Police Department. The case is being prosecuted by Trial Attorney Nicole Lee Ndumele of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Brent Alan Gray.
Two Atlanta Men Plead Guilty to Federal Hate CrimeRead the Press Release
First Convictions in Georgia for Violations of the
Sexual Orientation Section of the Federal Hate Crimes LawATLANTA – Christopher Cain and Dorian Moragne both of Atlanta, Ga., pleaded guilty today in federal court before Senior United States District Judge J. Owen Forrester to beating a man because of his sexual orientation.
“Violence against another person because of his or her sexual orientation has no place in our civilized society,” said United States Attorney Sally Quillian Yates. “The citizens of this district should know that we are committed to aggressively prosecuting hate crimes.”
“Hate-fueled violence will not be condoned,” said Roy L. Austin Jr., Deputy Assistant Attorney General for the Civil Rights Division. “The Justice Department will use all the tools in our law enforcement arsenal to investigate and prosecute hate crimes.”
“The FBI remains committed to ensuring the civil rights of all individuals, to include those singled out and attacked because of their perceived differences,” stated Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office. “These acts of violence should be reported and aggressively investigated to ensure that we send a clear message that these actions will not be tolerated.”
According to United States Attorney Yates, the charges and other information presented in court: On February 4, 2012, Cain, 19, Moragne, 21, and a juvenile, all associated with the Jack City street gang, targeted a 20-year-old gay man as he left a grocery store located in Atlanta’s Pittsburgh neighborhood. Cain punched the victim in the head and pushed him to the ground. Cain, Moragne and the juvenile surrounded the victim and repeatedly punched and kicked him while the group yelled anti-gay epithets, including “No f****** in Jack City.” Moragne then picked up a tire and struck the victim with it. The group also stole the victim’s cell phone. A fourth person, also with the defendants, recorded the assault using a cell phone. The video footage was posted to the Internet.
Cain and Moragne admitted to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which expanded federal jurisdiction to include certain assaults motivated by the victim’s sexual orientation. The federal hate crimes law criminalizes certain acts of violence motivated by a victim’s actual or perceived race, color, national origin, religion, sexual orientation, disability, gender or gender identity. This case is the first in Georgia to charge a violation of the sexual orientation section of the federal hate crimes law.
Last year, Cain, Moragne and the juvenile, who was considered an adult under Georgia law, were prosecuted in Fulton County Superior Court for offenses that did not include a hate crime. In State court, Cain and Moragne were sentenced to a term of imprisonment of ten years suspended upon the service of five years. As part of their plea agreement, Federal prosecutors recommended that their Federal and State sentences run concurrently.
This case is being investigated by Special Agents of the Federal Bureau of Investigation and Detectives with the Atlanta Police Department.The case is being prosecuted by Assistant United States Attorney Brent Alan Gray and Trial Attorney Nicole Lee Ndumele of the Justice Department’s Civil Rights Division.
For further information please contact the U.S. Attorney’s Public Information Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.Three Sentenced for Heroin ConspiracyRead the Press Release
FREDERICK TAYLOR, age 33, of New Orleans, Louisiana; JERMEY WILLIAMS, age 29, of Cleveland, Texas; and THIOUGEST WOOLDRIDGE, age 34, of New Orleans, Louisiana, were sentenced today by the Honorable Nannette Jolivette Brown, announced U.S. Attorney Dana J. Boente. TAYLOR was sentenced to 110 months in the custody of the Bureau of Prisons and a term of 5 years supervised release. WILLIAMS was sentenced to 75 months in the custody of the Bureau of Prisons and a term supervised release of 5 years. WOOLDRIDGE was sentenced to 70 months in the custody of the Bureau of Prisons and a term of 5 years of supervised release.
On June 8, 2012, TAYLOR, WILLIAMS, and WOOLDRIDGE were charged along with three other defendants in a Superseding Indictment for violations of the Federal Controlled Substances Act. On January 10, 2013, these defendants pleaded guilty to being members of a conspiracy to possess with the intent to distribute 100 grams or more of heroin.
A jury trial for the other defendants in this case, BRANDON CHEATHAM, JOSHUA CLOFER, and JOSH TAPP, is scheduled for July 22, 2013.
The case was investigated by the Federal Bureau of Investigation. The prosecution was handled by Assistant United States Attorney Sean Toomey.
Tennessee Salvage Company Owners and Operators Plead Guily to Conspiring to Violate the Clean Air ActRead the Press Release
Three owners and operators of a Tennessee salvage and demolition company, A&E Salvage, Inc., pleaded guilty today in federal court in Greeneville, Tenn., for conspiring to violate the Clean Air Act.
Newell (a.k.a., “Nick”) Smith, Armida Di Santi, and Milto Di Santi pleaded guilty before U.S. District Court Judge Greer for the Eastern District of Tennessee to one criminal felony count for conspiring to violate the Clean Air Act’s “work practice standards” salient to the proper wetting, stripping, bagging, and disposal of asbestos. According to the charges, Smith and the Di Santis, along with other co-conspirators, engaged in a multi-year scheme in which substantial amounts of regulated asbestos containing materials were improperly removed from components of the former Liberty Fibers Plant or were illegally left in place during demolition.
Smith and the Di Santis face up to five years in prison and a fine of up to $250,000 or twice the gross gain or loss to the victims.
Asbestos has been determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease. The Environmental Protection Agency has determined that there is no safe level of exposure to asbestos.
This case was investigated by Special Agents of the Environmental Protection Agency. The case is being prosecuted by Assistant U.S. Attorney Matthew T. Morris of the U.S. Attorney’s Office for the Eastern District of Tennessee and Trial Attorney Todd W. Gleason of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Suspended North Side Pharmacist Indicted for Allegedly Smuggling and Trafficking Counterfeit ViagraRead the Press Release
CHICAGO — A suspended Chicago pharmacist was indicted for allegedly illegally obtaining counterfeit Viagra and Cialis from China and illegally dispensing the bogus medications at his north side pharmacy. The defendant, MICHAEL MARKIEWICZ, who owns Belmont Pharmacy, 6148 West Belmont, allegedly ordered three shipments of counterfeit Viagra from China, including one that also contained Cialis, and also trafficked counterfeit Viagra from his pharmacy between December 2010 and August 2012.
The Illinois Department of Professional Regulation suspended Markiewicz’ pharmacist license and revoked the license of Belmont Pharmacy in November 2012. The store continues operating as a nutrition and herb retailer.
Markiewicz, also known as Michael Markowitz, 36, of Norridge, was charged with eight counts of violating the federal Food, Drug and Cosmetic Act, four counts of trafficking in counterfeit drugs or goods using a counterfeit mark, and three counts of smuggling in a 15-count indictment that was returned yesterday by a federal grand jury. He will be arraigned in U.S. District Court on a date yet to be determined. The indictment also seeks forfeiture of his business premises and residence.
The indictment was announced today by Gary S. Shapiro, United States Attorney for the Northern District of Illinois; John P. Stich, Acting Special Agent-in-Charge of the Food and Drug Administration’s Office of Criminal Investigations, and Pete Zegarac, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago.
According to the indictment, in April 2011 and May 2012, via the Internet, Markiewicz ordered counterfeit Viagra and Cialis from China. The customs declaration on the outer packaging stated that it contained a “gift pen,” and the drugs were hidden in unlabeled clear plastic baggies underneath the pen. The charges allege that Markiewicz smuggled counterfeit and misbranded pills purporting to be Viagra and Cialis, knowing that they were illegally imported, and then violated FDA laws by selling the counterfeit medications.
Trafficking counterfeit drugs carries a maximum penalty of 20 years in prison and a $2 million fine; each count of trafficking counterfeit goods using a counterfeit mark carries a maximum penalty of 10 years in prison and a $2 million fine; smuggling carries a maximum sentence of 20 years in prison and a $250,000 fine; and violating the Food, Drug and Cosmetic Act carries a maximum sentence of three years in prison and a $250,000 fine. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is being represented by Assistant U.S. Attorney Samuel B. Cole.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Indictment
St. Louis Man Convicted of Fraud ChargesRead the Press Release
St. Louis, MO - Jay Dunlap was convicted of defrauding his ex-partners and banks and other lenders in an equity-stripping scheme.
According to testimony presented at trial, Dunlap convinced a partner to put up more than $270,000 to acquire and rehabilitate a property in the City of St. Louis. Unbeknownst to the ex-partner, Dunlap titled the property in the name of an LLC controlled by two of his friends. Dunlap then directed his friends to borrow against the equity in the home and used the proceeds to pay his expenses and those of his friends.
JAY DUNLAP, St. Louis, was convicted of three felony counts of wire fraud, one felony count of bank fraud and one felony count of mail fraud after a four-day trial before United States District Judge E. Richard Webber. Sentencing has been set for July 19, 2013.
He now faces a maximum penalty of 20 years in prison and/or fines up to $250,000, per count. Restitution is also mandatory. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The case was investigated by the U.S. Postal Inspection Service and the Federal Housing Finance Agency-Office of Inspector General. Assistant United States Attorneys Tom Albus and Dianna Collins prosecuted the case for the U.S. Attorney's Office.
South Dakota Man Arrested and Charged with Distribution of Child PornographyRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Jesse Adams, 26, of Rapid City, South Dakota, was arrested and charged by Criminal Complaint with distribution of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years and a fine of $250,000.
Assistant U.S. Attorney Fauzia K. Mattingly, who is handling the case, stated that the investigation began when an undercover agent in Utah received emails and images depicting child pornography from Adams who is a student attending a local college. According to the complaint, in his chats, Adams described his communications with a nine year old girl, as well as his contact with another fifth grader on the playground.
A detention hearing has been scheduled for April 25 at 10:30 a.m., before Magistrate Judge Leslie G. Foschio.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The Complaint is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent-In-Charge.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Socorro Man Sentenced to 63 Months in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Christopher Heath, 29, of Socorro, N.M., was sentenced yesterday afternoon to 63 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Heath’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Chief George Van Winkle of the Socorro Police Department.
Heath was arrested in July 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. The indictment alleged that Heath unlawfully possessed a firearm in Socorro County, N.M., on April 2, 2012. According to the indictment, at that time, Heath was prohibited from possessing firearms and ammunition because he previously had been convicted of possession of a controlled substance and aggravated assault upon a peace officer in the Seventh Judicial District Court for the State of New Mexico.
Court records reflect that Heath was arrested based on investigation conducted by officers of the Socorro Police Department when they executed a search warrant at his residence. They also reveal that in addition to the two convictions identified in the indictment, Heath also has additional felony convictions for possession of a controlled substance and for being a felon in possession of a firearm.
In Dec. 2012, Heath pled guilty to the indictment and admitted possessing a 12 gauge shotgun and ammunition on April 2, 2012 in Socorro County.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Socorro Police Department, with assistance from the District Attorney’s Office for the Seventh Judicial District of the State of New Mexico. It was prosecuted by Assistant U.S. Attorney Walsh.
Silver Spring Man Sentenced to 150 Months for Providing A Minor with Heroin and Then Filming Her Engage in Sexual ActivityRead the Press Release
ALEXANDRIA, Va. – Robert Chin, 66, of Silver Spring, Maryland, was sentenced today to 150months in prison and a $7,000 fine, followed by a five year term of supervised release, for distributing heroin and oxycodone to numerous young women, including one minor with whom he exchanged narcotics for sex acts.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; and Stephen M. Hudson, Chief of the Prince William County Police Department, made the announcement after sentencing by United States District Judge T.S. Ellis, III.
Chinpleaded guilty to enticement of a minor in violation of 18 U.S.C. 2422(b) and distribution of heroin in violation of 21 U.S.C. 841(a)(1) and 846 on January 4, 2013.
According to court documents, between 2008 and 2012, Chin distributed heroin and oxycodone to eight or more women, including a minor. In exchange for the narcotics, Chin either had these women engage in sex acts with him or in his presence. On one occasion in 2008, Chin rented a hotel room in Woodbridge, Virginia, and provided the minor with heroin. He then attempted to have sexual intercourse with her. On another occasion in June of 2012, Chin rented a hotel room in Woodbridge, Virginia, where he provided heroin and oxycodone to the same minor. After providing the minor with narcotics, Chin filmed her as she engaged in sexual activity with three adults.
This case was investigated by the FBI’s Washington Field Office and the Prince William County / Manassas City / Manassas Park Narcotics Task Force. Assistant United States Attorney Matt J. Gardner prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.usdoj.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 http://pacer.uspci.uscourts.gov.Shawnee Man Charged with Abuse of Four-Year-Old Child in Indian CountryRead the Press Release
Oklahoma City, Oklahoma – JUSTIN L. ELLIS, 26, from Shawnee, Oklahoma, has been indicted by a federal grand jury and charged with malicious injury of a four-year old child in on the federal lands held in trust for the Kickapoo Tribe of Oklahoma, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
According to the indictment, on November 10, 2012, Ellis, a tribal member of the Kickapoo Tribe, repeatedly burned a four-year-old child on the buttocks and legs with a lit cigarette on Kickapoo Tribal land in Pottawatomie County. If convicted, Ellis faces a mandatory minimum of ten years in prison and potentially a life sentence. In addition, Ellis faces an additional $250,000 fine and up to five years of supervised release upon his release from prison. The public is reminded that the indictment is merely an accusation and that the defendant is each presumed innocent unless and until proven guilty.
This case is the result of an investigation by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Robert Don. Gifford, II.
Seven Postal Employees Plead Guilty to Making False Statements to Obtain Unemployment BenefitsRead the Press Release
Defendants jeopardize integrity of program meant to assist hard working Americans
Albany, New York--RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, announces that seven United States Postal Service employees have plead guilty to making false statements to obtain unemployment benefits to which they were not entitled. These guilty pleas are part of an ongoing national sweep targeting fraud by Postal workers in claiming unemployment benefits. In each case, the defendants lied about their eligibility for benefits by either falsely claiming to be unemployed or under-reporting their income, and fraudulently obtaining benefits ranging from $5,396 to $26,218.
All seven Postal employees entered guilty pleas to one count informations charging them with making false statements to obtain unemployment benefits they were not entitled to in violation of Title 18, United States Code, Section 1919. At the guilty plea and sentencing each defendant was ordered to pay restitution in full for the fraud they committed. The defendants and the fraud amount in each case are as follows:
Erin Gagnon, 37 of Plattsburgh, New York, $26,218;
Clarence Reed, 46 of Schenectady, New York, $11,255;
Nicole Martin, 41 of Brooklyn, New York, $5,396;
Donnel Richardson, 30 of Brooklyn, New York, $9,007;
Kelly Williams, 36 of Nyack, New York, $16,605;
Angela Blazejewski, 35 of Rocky Point, New York, $11,542; and
John Congiusti, 31 of Bronx, New York, $8,896.“We are always vigilant in enforcing the law, even when the case, sadly, involves public servants. The actions of these defendants undermine America’s trust in others serving the public and impede the system in benefitting those truly in need,” said United States Attorney Richard S. Hartunian. “Unemployment benefits are meant to provide crucial financial assistance to workers who become unemployed through no fault of their own. We will continue to work with our law enforcement partners to stop fraudulent schemes such as these which ultimately hurt the American taxpayers.”
“Today’s guilty pleas highlight the importance of this multi-agency investigation to identify fraud in benefit programs such as the U.S. Department of Labor’s Unemployment Insurance Program. We will continue to work with our law enforcement partners to investigate those who seek to obtain benefits to which they are not entitled,” stated Robert Panella, Special Agent-in-Charge of the New York Regional Office of the U.S. Department of Labor Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.
"These pleas come as a result of the excellent investigative collaboration between the U.S. Postal Service Office of Inspector General, the New York State Department of Labor- Office of Special Investigations and the Department of Labor Office of Inspector in General", said Rafael A. Medina, Special Agent in Charge of the USPSOIG's Northeast Area Field Office. "The Postal Service prides itself in its dedicated and professional employees, but the small percentage who stray away from those professional standards should know that law enforcement, at all levels, will always work closely to combat fraud against any federal or state program."
“Unemployment Insurance fraud - especially when it’s committed by government employees who should be serving taxpayers, not stealing from them – is something we at the Department of Labor have a zero tolerance policy on,” said State Labor Commissioner Peter M. Rivera. “Our Major Case Unit at the Labor Department continues to uncover these acts of deception on a daily basis and I am proud of the work we have done together with the U. S. Attorney for the Northern District of New York to bring these individuals to justice.”
This prosecution resulted from a joint investigation conducted by the U.S. Postal Service Office of Inspector General, New York State Department of Labor, Office of Special Investigations, and US Department of Labor OIG, Office of Labor Racketeering and Fraud Investigations.
This case was prosecuted by Assistant U.S. Attorney, Geoffrey J. L. Brown.
Sesser Man Indicted for Conveying False Allegations of A Terrorist Plot to Disrupt Election DayRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today that Ray Allen Flener, 24, of Sesser, was indicted by a federal grand jury on charges that he made a false statement to a federal officer and he conveyed a false threat.
The indictment alleges in count one that on November 2, 2012, Flener, a detainee at the Franklin County Jail in Benton, told a Special Agent of the Federal Bureau of Investigation (FBI) that he had knowledge of a plan by a group called “the New World Order” to disrupt Election Day on November 6, 2012, by using weapons and explosives. Specifically, Flener told and showed the FBI agent the area in which the weapons and explosives allegedly had been stored in August of 2012. Flener’s representations were false because, as Flener knew, he had no such knowledge of weapons and explosives having been stored at that location. The indictment alleges in count two that on November 1, 2012, Flener did intentionally convey false and misleading information, under circumstances where such information may reasonably have been believed. Specifically, Flener told law enforcement officers from the Franklin County Sheriff’s Office and the Federal Bureau of Investigation (FBI) that he had personal knowledge of a plan by a group called “the New World Order” to disrupt Election Day, November 6, 2012, by using weapons and explosives.
The first charge of making a false statement carries a maximum penalty of 8 years in prison, a $250,000 fine, and up to 3 years of supervised release. The second charge of conveying a false threat carries a maximum penalty of 5 years in prison, a $250,000 fine, and up to 3 years of supervised release.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge and is entitled to a fair trial at which the United States must prove guilt beyond a reasonable doubt.
The case was investigated by Federal Bureau of Investigation; Illinois State Police; Illinois Department of Corrections; Alcohol, Tobacco, Firearms and Explosives (ATF); the Sheriff’s Offices of Franklin County, Williamson County, Saline County and Jackson County; and the Police Departments of Marion, West Frankfort, Johnston City. The case is being prosecuted by Assistant U.S. Attorney Liam Coonan.
Sentences for April 12- 17, 2013Read the Press Release
Jamie Sanchez-Garcia, 30, of Mexico, was sentenced by Federal District Court Judge Scott W. Skavdahl on April 17, 2013, for illegal re-entry of a previously deported alien into the United States. Sanchez-Garcia was arrested in Yellowstone National Park, Wyoming. He received time served plus ten days, was ordered to pay a $100.00 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
William Gingrich, 36, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on April 16, 2013, for conspiracy to possess with intent to distribute, and to distributing 500 grams or more of methamphetamine. Gingrich was arrested in Casper, Wyoming. He received 144 months of imprisonment, to be followed by seven years of supervised release and was ordered to pay a $100.00 special assessment. This case was investigated by the Natrona County Sheriff’s Office, Casper and Mills Police Departments, the Wyoming Highway Patrol, the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration.
Christy Sensenich, 40, of Evansville, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on April 12, 2013, for conspiracy to possess with intent to distribute, and to distributing 500 grams or more of methamphetamine. Sensenich was arrested in Casper, Wyoming. She received 120 months of imprisonment, to be followed by five years of supervised release and was ordered to pay a $100.00 special assessment and a $500.00 fine. This case was investigated by the Natrona County Sheriff’s Office, Casper and Mills Police Departments, the Wyoming Highway Patrol, the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration.
San Leandro Woman Pleads Guilty to Filing False ClaimsRead the Press Release
OAKLAND, Calif. – Latasha Ringo, age 35, pleaded guilty yesterday for her role in a false tax refund scheme, United States Attorney Melinda Haag and IRS-CI Special Agent in Charge Jose M. Martinez, announced.
According to her plea agreement, Ringo conspired with others to file false tax returns seeking fraudulent refunds for 2010. As part of the scheme, Ringo sold false Form W-2s to other individuals so that they could file false tax returns seeking fraudulent refunds.
Ringo, of San Leandro, Calif., was charged in a one-count indictment with Conspiracy to File False Claims on November 15, 2012.
Ringo’s sentencing hearing is scheduled for August 28, 2013, before District Judge Phyllis J. Hamilton in Oakland. The maximum statutory penalty for each count of Conspiracy to File False Claims, in violation of Title 18, U.S.C § 286, is ten years in prison and a fine of $250,000. However, any sentence following conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant United States Attorney Michael G. Pitman is prosecuting this case. The prosecution is the result of an investigation by Internal Revenue Service, Criminal Investigation.
San Diego Man Who Stole Identities of Deceased Children Charged with Passport FraudRead the Press Release
United States Attorney Laura E. Duffy announced that Lloyd Irvin Taylor was arraigned in federal court today on an indictment charging him with three counts of making false statements on passport applications.
According to the indictment, Taylor made a host of false statements on each passport application, including: his true name, place of birth, date of birth, social security number, father's name, father's birthplace, father's birth date, mother's maiden name, mother's birthplace, mother's birth date, and applicant's signature. This false information was derived from over a half dozen identities that Taylor stole from other people. These stolen identities included children who died in the early 1950's.
During Taylor's bond hearing, Assistant U.S. Attorney Peter J. Mazza informed Magistrate Judge Barbara L. Major that Taylor had traveled extensively on the fraudulent passports at issue in the present case. Among other things, Mazza told the Magistrate Judge that Taylor maintained nearly two dozen bank accounts in the names of his various aliases. In addition, Mazza discussed how Taylor also maintained bank accounts in the names of purported religious entities with either himself or one of his aliases as the signatory on the church accounts. Finally, he added that the government had recently seized approximately $1.8 million in gold.
In ordering Taylor detained without bond, Magistrate Judge Major noted the numerous different stolen identities from deceased children, the number of bank accounts under various names, and the defendant's considerable assets. The Magistrate Judge concluded that Taylor was a flight risk.
United States Attorney Laura E. Duffy praised the work of investigators who diligently pieced together Taylor's criminal activities. "Our office remains committed to protecting the sensitive personal information of our citizens. As today's indictment makes clear, stolen identity information can be misused in a variety of ways, including to do things like obtain fraudulent passports, which is a matter of national security."
“Identity theft is a serious crime, whether committed electronically or by deliberately provided false information,” said Gregory Meyer, Special Agent in Charge of the United States Secret Service in San Diego. “Through the San Diego Regional Fraud Task Force, the Secret Service and its partners combine the resources of local, state and federal agencies with the private sector to combat a wide range of financial and identity crimes. The success of this investigation is an example of how well our partnerships work.”
“The success of this investigation and enforcement operation demonstrates that the Department of State and the Diplomatic Security Service are committed to protecting the integrity of U.S. passports and visas, the most sought after travel documents in the world,” said Gregory B. Starr, Director of the Diplomatic Security Service.
The defendant is due next in court on May 20, 2013, before Judge Michael M. Anello for a motion hearing.
DEFENDANT Criminal Case No. 13CR1390-MMA Lloyd Taylor SUMMARY OF CHARGESCounts 1-3: Title 18, United States Code, Section 1542 B Making a False Statement on a United States Passport Application. Maximum penalties (per count): 10 years custody;
INVESTIGATING AGENCIES
$250,000 fine; $100 Special Assessment; 3 year supervised release.San Diego Regional Fraud Task Force:
- United States Secret Service
- San Diego Police Department
- San Diego District Attorney's Office
Internal Revenue Service
United States Department of State, Bureau of Diplomatic SecurityAn indictment or a complaint is not evidence that the defendant committed the crime charged. The defendant is presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.
Ryan Michael Burras Sentenced for Conspiracy to Commit Import Violations and for Violating Fda LawsRead the Press Release
RYAN MICHAEL BURRAS, age 23, a resident of Slidell, Louisiana, was sentenced in federal court today by U. S. District Judge Mary Ann Vial Lemmon after pleading guilty to conspiracy to commit import violations and to violating FDA laws by mislabelling and distributing synthetic marijuana, announced U. S. Attorney Dana J. Boente. BURRAS was sentenced to approximately 11 months imprisonment. In addition to the term of imprisonment, Judge Lemmon ordered that BURRAS be placed on 3 years of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release.
According to court documents, beginning in the first half of 2010 and continuing through at least July 2011, BURRAS conspired with co-defendants, Cody Beaudette, Christopher Buelle, and C Square, L.L.C., a Slidell-based company, to knowingly receive, buy, and sell synthetic marijuana imported into the United States contrary to law, specifically causing the introduction and delivery of a drug that is adulterated and misbranded under Federal law. BURRAS’s role in the offense was to design labels for C Square, L.L.C.’s brands of synthetic marijuana, and he also assisted in the distribution of C Square, L.L.C.’s synthetic marijuana brands. C Square, L.L.C.’s brands included “ZeRo GrAviTy”, “iAroma”, and “Primo,” among others.
Cody Beaudette, Christopher Buelle and C Square, L.L.C. are scheduled for trial on June 10, 2013.
The case was investigated by U. S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations and the U. S. Food and Drug Administration (FDA) - Office of Criminal Investigations with the assistance of the St. Tammany Parish Sheriff’s Office and the Slidell Police Department. The case was prosecuted by Special Assistant U. S. Attorney Robert Weir.
Rochester Woman Indicted for Defrauding Elderly Couple Out of $840,000Read the Press Release
MINNEAPOLIS—A federal indictment unsealed late yesterday charges a 61-year-old Rochester woman with defrauding an elderly couple out of more than $840,000. The indictment, which was filed on April 15, 2013, specifically charges Carolyn Jean Cassar with one count of wire fraud. The indictment was unsealed following Cassar’s initial appearance in federal court.
The indictment alleges that from May 2006 through September 2012, Cassar executed a scheme to obtain money through false and fraudulent pretenses. Cassar allegedly induced an elderly couple to provide her with money by falsely representing that she needed the funds to travel to Washington, D.C., to attend to the affairs of her recently deceased daughter. She also falsely represented that she needed money to travel to Italy to, among other things, prosecute a former business agent who had defrauded her. She told the couple she expected to receive money she inherited from her father, which the business agent had stolen, and she would then repay them the funds they loaned to her. To support her false representations, Cassar allegedly provided the victims with airline itineraries for her flights to Italy.Instead, the indictment alleges that Cassar used the victims’ money to (1) vacation in Europe with her son and others; (2) take design professionals to Italy to study its architecture in preparation for designing a home for her; and (3) pay an architect to draw plans for a villa-style house.
If convicted, Cassar faces a potential maximum penalty of 20 years in prison. All sentences will be determined by a federal district court judge. This case is the result of an investigation by the Federal Bureau of Investigation, and the Rochester Police Department. It is being prosecuted by Assistant United States Attorney Kimberly A. Svendsen.
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.Rochester Crack Cocaine Dealer and Brother SentencedRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that brothers Kenneth Thompson and Lee Thompson, both of Rochester, N.Y., were sentenced by U.S. District Judge Charles J. Siragusa on drug charges. Kenneth Thompson, 24, who was convicted of possession with intent to distribute cocaine base, was sentenced to five years in prison. Lee Thompson, 21, who was convicted of maintaining the N. Clinton Avenue premises for the purpose of distributing cocaine base, was sentenced to 46 months in prison.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Kenneth Thompson knowingly permitted his brother Lee Thompson to use his apartment on N. Clinton Avenue to store crack cocaine that Lee Thompson was selling. Both brothers were arrested on November 16, 2012 after Rochester police officers and the Monroe County Probation Department recovered 150 bags of crack cocaine packaged for street sale, paraphernalia for the weighing and packaging of street level quantities of crack cocaine, a .32 caliber pistol, and ammunition during a search of the apartment.
The sentencings are the result of a Project Exile investigation on the part of the Rochester Violent Crimes Task Force, composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney, the Rochester Police Department, under the direction of Chief James Sheppard, the United States Marshal’s Service under the direction of U.S. Marshal Charles A. Salina, the Monroe County Sheriff’s Office under the direction of Sheriff Patrick O’Flynn, and the Monroe County Probation Department.Reserve Deputy Sheriff of Imperial County Charged with Smuggling Illegal Aliens in TrunkRead the Press Release
El Centro – A reserve Imperial County Sheriff’s Deputy was charged today with smuggling illegal aliens in the trunk of her car as she drove through a checkpoint wearing her uniform and department-issued firearm.
Elizabeth Hernandez, a reserve Deputy Sheriff of Imperial County, and Edna Yanie Calderon, were arrested yesterday and charged with transportation of illegal aliens and aiding and abetting. Court records said Hernandez wore her uniform because she expected to be waived through the Highway 86 checkpoint by Border Patrol.
The complaint charges that on April 17, 2013, Calderon picked up three illegal aliens at a local fast food restaurant in Calexico, California. Border Patrol agents in the area became suspicious of the vehicle and began following at a distance.
The agents observed as Calderon drove the suspected illegal aliens to Hernandez’s home. Hernandez – a reserve deputy for three years - instructed the three aliens to hide in the trunk of her car, the complaint said. After the meeting at Hernandez’s home, Border Patrol had Hernandez and Calderon under surveillance.
After clearing the checkpoint, Hernandez drove to a nearby gas station, where she met with Calderon and transferred two of the three illegal aliens to Calderon’s car.
According to the complaint, as Hernandez began to leave the gas station, Border Patrol agents initiated lights and sirens and stopped her vehicle. Border Patrol agents also approached Calderon’s vehicle. The agents confirmed that the two individuals in Calderon’s vehicle and the other individual in the trunk of Hernandez’s vehicle were citizens and nationals of Mexico without immigration documents allowing them to remain, work, or reside in the United States legally. Hernandez and Calderon were then arrested.
The defendants were arraigned this afternoon before U.S. Magistrate Judge Peter C. Lewis. The government moved to detain both defendants based on risk of flight and danger to the community. A detention hearing was scheduled for Tuesday, April 23. A preliminary hearing was scheduled for May 2, 2013, at 1:30 p.m., before Judge Lewis.
DEFENDANTS Magistrate Case No. 13MJ8293 Elizabeth Hernandez
Edna Yanie Calderon SUMMARY OF CHARGESTitle 8, United States Code, Section 1324(a)(1)(A)(ii) B Transportation of Illegal Aliens
AGENCY
Maximum Penalties: 10 years of imprisonment and $250,000 fineUnited States Border Patrol-El Centro Sector
An indictment or complaint itself is not evidence that the defendants committed the crimes charged.
The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.Reading Man Indicted on Child Porn ChargesRead the Press Release
David James Csanyi, 46, of Reading, PA, was charged today by Indictment with the transportation and receipt of child pornography, announced United States Attorney Zane David Memeger.
If convicted the defendant faces a maximum possible sentence of thirty years incarceration and a mandatory minimum of five years.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Sherri A. Stephan.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525President of Frederick Mail Preparation Service Pleads Guilty to Fraud Resulting in Losses of over $628,500Read the Press Release
Majority of Victims Were Non-Profit Clients Who Relied on the Mailings to Raise Funds
Baltimore, Maryland – Chester William Bigelow, age 58, of Woodbine, Maryland, pleaded guilty today to conspiracy to commit mail and wire fraud relating to the failure to provide contracted-for services to clients of Bigelow’s company, RMS Direct, Inc., resulting in losses of over $628,500.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division.
According to his plea agreement, Bigelow was the president and owned 65% of the shares of RMS Direct, Inc., a mail preparation service located in Frederick, Maryland, with over 200 clients and revenues of over $5 million per year. Under the supervision of Bigelow and RMS vice president Stephen Reid, RMS entered into contracts to prepare and submit to the U.S. Postal Service (USPS), large-volume mailings, typically made up of pamphlets, brochures, books, and other printed materials.
RMS clients were primarily non-profit corporations that relied upon the mailings sent through RMS to raise funds, and the timing of the mailings was essential to their fundraising efforts. RMS assembled the mailings, applied the postage and addresses, and organized the pieces of mail for submission to the USPS. RMS submitted the mailings to a full-time USPS Acceptance Clerk that was assigned to its office. As proof that the mailings went out, RMS then emailed its clients either of two USPS documents – a postage statement signed and certified by the USPS Acceptance Clerk or a Mailing Transaction Receipt printed from an online USPS database. Both documents included information as to the dates, times, number of pieces of mail and postage paid. Once the RMS client received a statement, it would remit payment to RMS.
Bigelow admitted that the conspiracy began in 2005, when he and Reid, who owned 35% of the shares of RMS, falsified postage statements to misrepresent to RMS clients that mailings were being sent out in a timely fashion when, in fact, the mailings were late. Beginning in 2009, Bigelow and Reid selected certain mailings or portions of mailings that would not be submitted at all to USPS for delivery. Bigelow and Reid made sure that the documentation sent to the RMS client was falsified to indicate that the full mailing had been submitted, thereby causing the client to overpay RMS for postage and services.
To accomplish the fraud, Bigelow, Reid, and RMS employees operating at their direction, generated false postage statements, forged the signature of the USPS Acceptance Clerk and created a false impression of the special USPS date stamp used on the postage statement. Bigelow attempted to recreate the special USPS date stamp by hand, but was unsuccessful. Then, in 2006, RMS employees gained unauthorized access to the USPS Acceptance Clerk’s key to the filing cabinet where the date stamp was stored. Bigelow instructed an RMS employee to make a copy of the key, which Bigelow kept in his desk drawer. From that time until 2010, Bigelow, Reid, and RMS employees operating at their direction used Bigelow’s copy of the key to gain access to the date stamp when the USPS Acceptance Clerk was not present in order to falsify postage statements. Beginning in 2010, when the computer-generated Mailing Transaction Receipt was adopted by the USPS to certify mailings, Bigelow and Reid falsified those as well, using a document that had been created, which, when printed, looked identical to the USPS Mailing Transaction Receipt. Bigelow and Reid directed RMS employees to use this document to create false Mailing Transaction Receipts, which were sent to RMS clients as proof of the timely and complete submission of their mailings.
Bigelow and Reid took other measures to conceal the fraud and prolong the victimization of RMS clients. For example, RMS clients often included pieces of mail known as “seeds,” in the mailings they provided to RMS. These “seeds” were sent to particular individuals or addresses so that the client could track the timing and appearance of the mailing. Bigelow directed RMS employees to make sure to deliver the “seeds” from the mailings that were going out late or were not otherwise submitted to the USPS, in order to conceal the fraud.
Bigelow also requested refunds for mailings or portions of mailings that RMS failed to submit to USPS for delivery. If postage was paid for a mailing, but the mailing was not submitted for delivery, RMS, as a third-party mailer, could request a refund of 90% of the postage value. Bigelow requested these refunds for unsent pieces of mail and retained the funds as RMS revenue. The refunds requested were generally in amounts less than the $500 threshold that would have triggered additional scrutiny by USPS officials.
As a result of the scheme, at least 19 victims lost a total of $628,581.48.
As part of his plea agreement, Bigelow will be required to forfeit $628,581.48, representing postage payments made to RMS by its clients, but never paid to the USPS. In addition, Bigelow will be required to forfeit $13,500, which he withdrew from the RMS bank account and was used by his family members to purchase a car for their personal use.
Bigelow faces a maximum sentence of 20 years in prison and a fine of $250,000. U.S. District Judge Catherine C. Blake scheduled sentencing for July 30, 2013 at 9:00 a.m.
Stephen Reid, age 50, of Frederick, Maryland, previously pleaded guilty to the same charge and is scheduled to be sentenced on July 12, 2013 at 9:00 a.m.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Inspection Service for its work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney Sean C. Marlaire, who is prosecuting the case.
Police Officer Sentenced to Prison for Deprivation of Civil RightsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), announced today the sentencing of Prabhainjana Dwivedi, a police officer with the Miami-Dade Police Department.
Today, U.S. District Judge Jose E. Martinez sentenced Dwivedi to 30 months’ imprisonment, followed by one year of supervised release, as a result of the jury’s verdict. Dwivedi was taken into custody when the verdict was returned.
U.S. Attorney Wifredo A. Ferrer stated, “Dwivedi betrayed the public trust by unlawfully stopping, searching and detaining people in Miami, thereby, depriving them of their civil rights. The U.S. Attorney’s Office is committed to making our communities safer by holding individuals accountable who do not respect the civil rights of others. This case is a reminder that no one is above the law.”
“We are pleased with the sentence for Dwivedi because his actions affected more than the individuals he stopped and/or detained without lawful authority. His actions also undermined the public’s trust in law enforcement,” said Assistant Special Agent in Charge William J. Maddalena, FBI Miami. “The FBI will continue to work with our partners to remove those law enforcement officers who cross the line to engage in criminal misconduct.”
“The officer’s actions have tarnished the badges of all sworn to uphold the law. We support this conviction and remain resolute in policing our own,” stated MDPD Director J.D. Patterson.
Dwivedi was convicted at trial of six counts of deprivation of civil rights. The evidence at trial revealed that between May 27, 2011 and June 26, 2011, Dwivedi, while acting as a police officer with the Miami-Dade Police Department, without lawful authority, stopped and/or detained numerous individuals, and deprived those individuals of their rights secured and protected by the Constitution and laws of the United States, specifically, the right to be free from unreasonable search and seizures by one acting under color of law, in violation of 18 U.S.C. § 242.
Evidence at trial showed that Dwivedi has been employed as an Officer with the Miami-Dade Police Department (MDPD) since February 28, 2005. During the time period between May and June 2011, Dwivedi was assigned to the midnight shift (10:00 p.m. to 6:00 a.m.) and was responsible for patrolling the areas of Key Biscayne, Metrorail and bus stations, and Jackson Memorial Hospital.
The evidence presented at trial further revealed that during the months of May and June 2011, the Miami-Dade Police Department Professional Compliance Bureau received four complaints regarding Dwivedi’s inappropriate behavior. As a result of these complaints, an investigation was conducted. The evidence showed that during one shift, Dwivedi was observed conducting twenty-six traffic stops; however, only three were listed on his daily activity sheet and none were called into the dispatcher. Trial testimony and documents demonstrated that Dwivedi had not run computer checks on any of the victims, had not issued any citations, nor listed his contact with the victims in any paperwork or radio transmissions. Furthermore, each victim testified at trial to events and interactions with Dwivedi that were similar in nature.
Mr. Ferrer commended the investigative efforts of the FBI and MDPD. This case was prosecuted by Assistant U.S. Attorney Karen Gilbert.
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.
Pierce County Man who Shot Two Intruders at his Marijuana Grow Indicted for Drug Manufacturing and Illegal Gun PossessionRead the Press Release
JEREMY PETER CAPODANNO, 36, was arrested late yesterday following his indictment last week for manufacturing marijuana, and two counts for discharging and possessing firearms in furtherance of a drug crime, announced U.S. Attorney Jenny A. Durkan. On December 6, 2012, CAPODANNO shot two people who had broken into the garage of his Puyallup residence – killing both of them. In the garage loft was a marijuana grow with nearly 200 plants. When police officers arrived, they found CAPODANNO in possession of a Glock 17, 9mm semiautomatic pistol, which is the gun that police allege CAPODANNO used to kill the two men. While searching CAPODANNO’S truck, police found other weapons including a Bushmaster XM-15 Rifle; an Intratec Tec-9 9mm pistol; a Benelli 12 gauge shotgun; and a Professional Ordinance MDL Carbon 15. CAPODANNO will make his initial appearance in U.S. District Court in Tacoma today at 2:30 PM.
“This defendant chose to enter the illegal drug business, and armed himself to protect his trade, not his home,” said U.S. Attorney Jenny A. Durkan. “His conduct brought thieves to his door, put his seven-year-old son at risk, and ended with him taking two lives.”
The indictment charges CAPODANNO with manufacturing marijuana because of the large grow operation found in the loft of his garage. He is charged with carrying the Glock and firing it in furtherance of the drug trafficking crime and is charged in the third count for possessing the four other weapons. The indictment also contains a forfeiture allegation, which means the government will seek to forfeit property that the Grand Jury has alleged was used in commission of the crimes or was purchased with marijuana proceeds. These properties include the defendant’s house in Puyallup, where the where the shooting occurred, as well as a second house in Kent, Washington, along with a 2008 Mercedes and a 2008 Toyota pickup truck. The government is also seeking to forfeit the guns used in the crime.
“As you can see, freedom without responsibility results in violence and bloodshed,” said DEA Special Agent in Charge Matthew G. Barnes. “I commend United States Attorney Jenny Durkan and our state and local partners for standing together against drug trafficking and gun related violence.”
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
Manufacturing marijuana is punishable by five to 40 years in prison. If convicted of all charges, the defendant faces a mandatory minimum 15 years in prison.
The case is being investigated by the Drug Enforcement Administration (DEA) and the Pierce County Sheriff’s Department. The case is being prosecuted by Assistant United States Attorneys Vince Lombardi and Matthew Thomas.
Philadelphia Man Charged with Possession of Child PornRead the Press Release
Daniel Sion, 26, of Philadelphia, PA, was charged today by indictment with possession of child pornography, announced United States Attorney Zane David Memeger. According to the indictment, Sion knowingly possessed a computer hard drive which contained one or more visual depictions of minors engaging in sexually explicit conduct.
If convicted the defendant faces a maximum possible sentence of ten years of imprisonment, up to a lifetime of supervised release, a $250,000 fine, and a $100 special assessment.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by U.S. Immigration and Customs Enforcement Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Roberta Benjamin.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Palm Beach County Man Pleads Guilty in Identity Theft Tax Refund Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Paula A. Reid, Special Agent in Charge, U.S. Secret Service (USSS), and José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announced that defendant Fednol Pierre, 34, of West Palm Beach, pled guilty before U.S. District Judge James I. Cohn to one count of theft of government money and one count of aggravated identity theft. The sentencing hearing is set for June 26, 2013 in front of Judge Cohn. At sentencing, Pierre faces a mandatory minimum statutory sentence of two years in prison and a maximum possible sentence of 12 years in prison.
According to documents filed in court, on September 29, 2009, Pierre added an individual to his bank account as a joint account holder -- without this individual’s knowledge or consent -- using this individual’s name, Social Security number, date of birth, and driver’s license number. The following day, Pierre deposited a $22,081 tax refund check from the U.S. Treasury in the name of this individual. In the weeks following this deposit, Pierre withdrew funds from the joint account. On December 3, 2009, Pierre closed the joint account and transferred the remaining funds into his account.
Mr. Ferrer thanked USSS and IRS-CI for their work on the case. The case is being prosecuted by Assistant U.S. Attorney Benjamin C. Coats.
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.
Owner of Texas Durable Medical Equipment Companies Sentenced to 41 MonthsRead the Press Release
Hugh Marion Willett, the owner of two Texas-based durable medical equipment companies, was sentenced today to 41 months in prison, followed by three years of supervised release, and ordered to pay $182,450 in restitution, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
Willett, 69, of Fort Worth, Texas, was found guilty in January by U.S. District Judge Jane J. Boyle in the Northern District of Texas on all seven counts of a June 2012 second superseding indictment: one count of conspiracy to commit health care fraud and six counts of health care fraud stemming from a durable medical equipment (DME) fraud scheme. His wife, Jean Willett, previously pleaded guilty to the same charges and was sentenced in September 2012 to 50 months in prison.
The evidence at trial showed that between 2006 and 2010, the Willets co-owned and operated JS&H Orthopedic Supply LLC and Texas Orthotic and Prosthetic Systems Inc., which claimed to provide orthotics and other DME to beneficiaries of Medicare and private insurance benefit programs including Aetna, Blue Cross Blue Shield and CIGNA.
Evidence presented in court proved that both of these companies intentionally submitted claims to Medicare and other insurers for products that were materially different from and more expensive than what was actually provided, and that Hugh Marion Willett was a knowing and willful participant in the fraud.
The case was investigated by the FBI and the Department of Homeland Security’s Office of Inspector General and brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section. The case was prosecuted by Fraud Section Trial Attorney Ben O’Neil.
Since their inception in March 2007, strike force operations in nine locations have charged more than 1,480 defendants who collectively have falsely billed the Medicare program for more than $4.8 billion. In addition, the Centers for Medicare and Medicaid Services, working in conjunction with the Office of Inspector General for the U.S. Department of Health and Human Services, are taking steps to increase accountability and decrease the presence of fraudulent providers.Nurse Pleaded Guilty in Murder-for-Hire PlotRead the Press Release
A Bristolville man pleaded guilty today to crimes for his role in a murder-for-hire plot, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Andrew Martin, age 23, pleaded guilty to use of an interstate commerce facility in the commission of murder-for-hire, conspiracy to commit wire fraud and obtaining individually identifiable health information.
“This defendant sought to have a woman killed over a home on Clifton Boulevard,” Dettelbach said. “The community is fortunate that law enforcement was vigilant and stopped this plot before it got too far.”
Martin is scheduled to be sentenced by U.S. District Judge Christoper Boyko on July 18.
Martin worked as a registered nurse at a local hospital. He and another person (identified as D.S., who worked in the business of residential property repair and rehabilitation) conspired to take ownership and control of the house at 17225 Clifton Boulevard in Lakewood, which was owned by a person identified as G.W. who was a patient at the hospital where Martin worked, according to court documents.
This would be done, in part, by Martin accessing G.W.’s medical records. He passed that information on to D.S., who fraudulently maintained he had a personal relationship with G.W., which caused the homeowner to transfer ownership of the Clifton property prior to the G.W.’s death, according to court records.
On Nov. 21, 2011, Martin and D.S. caused a fraudulent quitclaim deed to be filed with the Cuyahoga County Recorder, which transferred ownership to D.S. D.S. had fraudulently represented to others that he had a personal relationship with G.W. based on medical records accessed by Martin, according to court documents.
A woman identified as J.C. was the sister of G.W. and the administrator of his estate. On Nov. 21, 2011, Martin and D.S. met J.C. at the property, where they maintained D.S. was the rightful owner, according to court documents.
In February 2012, Martin prepared D.S. for a deposition relating to the transfer of the Clifton property by providing D.S. with personal information about G.W. that Martin learned from accessing his medical records at the hospital, according to court documents.
On November 5, 2012, Martin used a telephone in connection with his intention that J.C. be murdered in exchange for the promise of $10,000, according to court documents.
Martin solicited a patient at the hospital to kill J.C. because “she has been trying to mess up my life” and then followed up with telephone calls which related to the solicitation. Martin wanted the patient to “put four in her head and make it look like a robbery,” according to court documents.
This case is being prosecuted by Assistant United States Attorneys Henry F. DeBaggis and Kelly L. Galvin following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Maple Heights Police Department and Lakewood Police Department.
New Haven Man Found Guilty of Setting Fire That Killed Three Individuals, Including 8-year Old BoyRead the Press Release
New Haven – A federal jury in New Haven has found HECTOR NATAL, also known as “Boom” and “Boom Boom,” 27, of New Haven, guilty of committing the March 9, 2011 arson of a multi-family house located at 48-50 Wolcott Street in New Haven. The arson caused the deaths of three residents, 42-year-old Wanda Roberson, her 8-year-old son Quayshawn Roberson, and her 21-year-old niece Jaquetta Roberson. The jury also found Natal, together with his father, HECTOR MORALES, 51, of New Haven, guilty of participating in a narcotics distribution business, which led to the arson, and tampering with witnesses in an effort to obstruct the grand jury investigation of the arson. Morales further aided Natal by altering evidence in order to obstruct the investigation. The trial of Natal and Morales began on March 25, 2013 and, this afternoon, the jury returned a verdict of guilty on all counts of an 11-count indictment. The announcement of today’s verdict was made by David B. Fein, United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the FBI, New Haven Police Chief Dean Esserman and New Haven Fire Chief Michael Grant.
“Today, a unanimous jury found that Hector Natal set fire to a home where families and children lived, three of whom tragically perished, and that he was guilty as charged,” stated U.S. Attorney Fein. “The jury also unanimously found that Natal’s father, Hector Morales, assisted his son’s narcotics trafficking and then helped his son try to cover-up this terrible crime. Today, our thoughts are with the victims and their families. Justice has been served, and we thank our law enforcement partners, particularly the FBI, Connecticut State Police, New Haven Police Department, and New Haven Fire Department, who have worked tirelessly during the investigation and prosecution of this matter.”
“Today’s guilty verdict will hopefully provide some level of comfort to the Fair Haven community and especially to those who lost loved ones as a result of the 2011 arson on Wolcott Street,” stated FBI Special Agent in Charge Mertz. “Dedicated investigators and prosecutors have worked together diligently since day one to ensure justice for the victims of that horrific crime.”
“The New Haven Police Department is gratified for the strong working relationship with the United States Attorney’s Office in bringing justice to all the victims in this case,” stated Chief Esserman.
“I couldn’t be more proud of our firefighters’ outstanding efforts in responding so bravely to this deadly arson and our law enforcement partners who brought this case to justice,” stated Chief Grant.
According to the evidence presented during trial, Natal was a New Haven drug dealer who sold cocaine, crack cocaine, pills and marijuana. Morales served as Natal’s driver, facilitating his sales of narcotics and collection of drug proceeds. Early on the morning of March 9, 2011, Natal set fire to the two-family house located on Wolcott Street in retaliation for a customer’s failure to pay a drug debt. After the fire was set, Morales drove Natal away from the scene in his blue van. Morales thereafter painted his van black in an effort to obstruct the investigation. Natal and Morales then schemed with other family members to testify falsely before the grand jury in order to prevent the grand jury from developing evidence regarding Natal’s and Morales’ complicity in the arson.
The evidence at trial also showed that, months before the fatal fire, Natal attempted to set a fire in the same Wolcott Street house.
Natal was found guilty of three counts of arson resulting in death. This charge carries a mandatory minimum term of seven years imprisonment and a maximum term of life imprisonment on each count. He also was found guilty of one count of attempted arson, which carries a mandatory minimum term of five years of imprisonment and a maximum term of 20 years.
Natal and Morales were both convicted of conspiring to distribute and to possess with intent to distribute narcotics, conspiring to tamper with witnesses and witness tampering. Each of these charges carries a maximum term of imprisonment of 20 years.
Additionally, Morales was found guilty on three counts of being an accessory after the fact to the arson, which carries a maximum term of imprisonment of 15 years, and one count of destruction and concealment of evidence, which carries a maximum term of imprisonment of 20 years.
A sentencing date has not been scheduled.Natal has been detained since his arrest on June 14, 2011, and Morales has been detained since his arrest on July 19, 2012.
This matter has been investigated by the Federal Bureau of Investigation, the New Haven Police Department, the Connecticut State Police Major Crimes Unit, Office of the State Fire Marshal, the New Haven Fire Department – Office of Fire Marshal, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Department of Housing and Urban Development’s Office of Inspector General. The case is being prosecuted by First Assistant United States Attorney Deirdre M. Daly and Assistant United States Attorney Michael J. Gustafson, with assistance and support from the New Haven State’s Attorney’s Office.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
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[email protected]Myles Fitzgerald Guidry Sentenced to 9 Years in Prison for Receiving Child PornographyRead the Press Release
MYLES FITZGERALD GUIDRY, age 48, of New Orleans, Louisiana, was sentenced today to 108 months in prison by the U.S. District Court Judge Nanette Jolivette Brown after previously pleading guilty to receiving images depicting the sexual victimization of children, announced U. S. Attorney Dana J. Boente. Additionally, Judge Brown ordered that, after GUIDRY’S release from prison he will be placed under supervised release for the rest of his life.
According to court documents, in September 2012, GUIDRY downloaded images and videos depicting the sexual exploitation of children (“child pornography”) by receiving the images from other individuals with whom he communicated via the Internet. Pursuant to a search warrant, special agents with the Federal Bureau of Investigation recovered one computer that was determined to contain images and videos of child pornography. GUIDRY used an internet-based, real-time video chat program to communicate with multiple individuals. During the course of a chat session conducted using the program, GUIDRY requested that the individual(s) with whom he was communicating send him images and videos depicting the sexual victimization of children. In total, GUIDRY received approximately 50 such images of children as young as four-years-old being victimized by adults and other children.
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 United States Attorneys’ Offices and the 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, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by special agents from the Federal Bureau of Investigation. The prosecution of this case was handled by Assistant United States Attorney Jordan Ginsberg.
Mtn. Home Man Admits Child Pornography OffenseRead the Press Release
Son Previously Convicted; Currently Serving 210 Month Sentence
BOISE – Michael John Ebenhoeh, 53, of Mountain Home, Idaho, pleaded guilty today in United States District Court in Boise to possession and access with intent to view sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Ebenhoeh was charged by information on March 7, 2013.
According to court documents, members of the Idaho Internet Crimes Against Children Task Force determined that between November 10, 2010, and July 18, 2011, multiple digital files known to contain child pornography involving very young children were being downloaded and offered for sharing from a residence in Mountain Home. On September 28, 2011, law enforcement executed a search warrant at the residence and seized several computers. At the time of the search, authorities arrested Michael Ebenhoeh’s son, Joseph. Joseph Earl Ebenhoeh, 27, subsequently pleaded guilty to two counts of possessing sexually explicit images of minors. He was sentenced in July 2012 to 210 months in federal prison.
On the day of the search, an investigator approached Michael and told him that a file containing child pornography had been found on his computer. At that time, Michael denied knowing how the child pornography files were on his computer.
Further investigation determined that separate Internet accounts in the home were associated with Ebenhoeh and his son, and that the computer belonging to Michael had not been used by his son. According to the plea agreement, investigators re-interviewed Michael, who then admitted he had lied to police during the earlier interview. He further admitted that four or five times a week over the previous year he had used the computer to search online for pornography depicting children. Forensic examination of Michael’s computer found sexually explicit images of children between two and fourteen years of age. Several children were identified as sexual abuse victims from Missouri, Nevada, Maryland and Washington State.
Ebenhoeh faces up to ten years in prison, a maximum fine of $250,000, and up to lifetime supervised release. Sentencing is set for July 22, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated Boise Police Department detectives who are members of the Idaho Internet Crimes Against Children Task Force (ICAC), assisted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Mountain Home Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, visit www.usdoj.gov/psc. For more information about internet safety education, visit www.usdoj.gov/psc and click on the tab “resources.” For more information about registered sex offenders in Idaho, visit www.isp.idaho.gov/sor_id/.
Mississippi Resident Charged with Threats Against the President and with other Threatening CommunicationsRead the Press Release
OXFORD, Miss. B 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:
Paul Kevin Curtis,age 45, of Corinth, Mississippi,has been arrested on a criminal complaint charging him with (1) knowingly depositing for conveyance in the mail and for delivery from any post office any letter, paper, writing or document containing threats to take the life of or to inflict bodily harm upon the President of the United States, in violation of Title 18, United States Code, Section 871; and (2) knowingly depositing and causing to be delivered by the Postal Service according to the directions thereon, communications addressed to other persons, and containing a threat to injure the person of others, in violation of Title 18, United States Code, Section 876(c). If convicted on these charges, Curtis faces maximum possible penalties of 15 years imprisonment,$500,000 in fines and 3 years of supervised release.
Curtis is expected to appear in the United States District Court in Oxford, Mississippi, later today, Thursday, April 18, 2013, before U. S. Magistrate Judge S. Allan Alexander. The arrest is based on federal charges. A defendant is presumed innocent until proven guilty in court.
The arrest 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 Offices for the Northern District of Mississippi and the Western District of Tennessee,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 public should be assured that the threat of danger has been averted. However, the public is reminded to be vigilant in alerting any suspicious letters or activity to the appropriate authorities.
Miami Man Sentenced in Identity Theft Tax Refund Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), Antonio J. Gomez, Acting Inspector in Charge, U.S. Postal Inspection Service (USPIS), and Sergio Velazquez, Chief, Hialeah Police Department (HPD), announced that defendant Marckell Steward, 21, of Miami, was sentenced yesterday for his participation in a $1.7 million identity theft tax refund fraud scheme. Specifically, U.S. District Judge Cecilia M. Altonaga sentenced Steward to 72 months in prison, followed by three years of supervised release. A restitution hearing is scheduled for Tuesday, June 25, 2013 at 9:45 a.m. Steward previously pled guilty to conspiracy to commit access device fraud and aggravated identity theft.
According to court documents and testimony, Steward along with co-conspirators Lineten Belizaire, 22, Earnest Baldwin, 36, and Earl Baldwin, 42 all of Miami, were involved in an identity theft tax fraud scheme that operated from July 2011 through June 2012. During the course of their fraud scheme, approximately $1.7 million in fraudulent refund claims were submitted to the IRS for payment.
As stated in documents filed in court, Steward conspired with Belizaire and Earnest and Earl Baldwin on a plan to use stolen personal identification information of others to file fraudulent and unauthorized tax returns claiming refunds on debit cards. Some of the refund claims were filed from Earl Baldwin's residence. According to the factual proffer, Steward exchanged text messages with Belizaire where the defendant sent and received personal identification information of victims and also sent and received debit card account numbers that were used for receiving victims’ tax refunds.
As stated in trial testimony and evidence, Earnest Baldwin was found with over 1,000 individual names, dates of birth, and Social Security numbers and approximately 40 pre-paid debit cards in other people’s names. Some of these papers seized included high school report cards with identity information and data from an organization for disabled persons containing identity information. The evidence at trial also showed that Earnest and Earl Baldwin withdrew money from debit cards loaded with fraudulent refunds in the names of victims in the papers and notebooks found on Earnest Baldwin.
Lineten Belizaire pled guilty to access device fraud and aggravated identity theft on March 18, 2013. He faces a maximum possible sentence of 12 years and is scheduled to be sentenced on May 28, 2013 at 8:30 AM before Judge Altonaga.
Sentencing for Earnest and Earl Baldwin has been scheduled for June 17, 2013 beginning at 8:30 AM before Judge Altonaga. Defendant Earnest Baldwin faces a maximum possible prison sentence of 41 years and defendant Earl Baldwin faces a maximum possible prison sentence of 29 years.
Mr. Ferrer commended IRS-CID, USPIS, and HPD for their work on the case. The case is being prosecuted by Assistant U.S. Attorneys Michael N. Berger and Maurice Johnson.
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.
Mexican Nationals Arrested for Selling Fraudulent Immigration Documents out of Albuquerque BusinessRead the Press Release
ALBUQUERQUE – Carlos Chico-Salcedo, 40, and his wife Juana Marin-Sandoval, 45, both Mexican nationals illegally in the United States, were arrested yesterday by agents of Homeland Security Investigations (HSI) on criminal complaints charging them with selling fraudulent immigration documents.
Chico-Salcedo and Marin-Sandoval made their initial appearances in federal court this morning and remain in custody pending preliminary and detention hearings scheduled for tomorrow morning.
According to the criminal complaints, in March 2013, Chico-Salcedo and Marin-Sandoval allegedly sold fraudulent documents to HSI agents who were acting in an undercover capacity. The defendants allegedly sold a fraudulent Social Security Card and a fraudulent Permanent Resident Alien Card to the agents for $150.00. The transaction allegedly occurred inside Albuquerque Soccer City, a business located in southwest Albuquerque owned by Chico-Salcedo and at which Marin-Sandoval was employed.
If they are convicted of the charges in the criminal complaints, Chico-Salcedo and Marin-Sandoval each face a maximum penalty of ten years in prison and deportation after completing their prison sentences. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by HSI and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Mexican National Sentenced to over 12 Years in Treasure Valley Drug Trafficking CaseRead the Press Release
Six Defendants Sentenced Earlier, Three Await Sentencing
BOISE – Alfredo Dominguez-Villareal, a/k/a Alfredo Vasquez-Dominguez, 29, a Mexican national, was sentenced today to 150 months in prison for conspiracy to distribute fifty grams or more of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Dominguez-Villareal to pay a $1,500 fine. Following his release from prison, Dominguez-Villareal will be subject to deportation. He pleaded guilty to the charge on November 13, 2012.
According to court documents, beginning in January 2011 and continuing through December 16, 2011, Dominguez-Villareal conspired with co-defendants and others to possess and distribute in excess of fifty grams of actual methamphetamine in the Treasure Valley, and transported methamphetamine from California to Idaho for this purpose.
Six co-defendants have been sentenced on related charges, including Jimenez Valencia a/k/a Jorge Jimenez, a Mexican national, to 57 months; Juan Carlos Arredondo-Sicairos a/k/a Victor Kalil Medina-Feliciano, a Mexican national, to 120 months; Delia Garcia-Pineda, a Mexican national, to 37 months; Tanna Spencer, of Parma, Idaho, to 15 months; Hector Morales, of Delano, California, to six months; and Cynthia Casillas, also of Delano, to three years’ probation.
Three co-defendants are awaiting sentencing: Nelson Fernando Garcia-Soto, a Mexican national, on May 23; Alonso Martinez, of Earlimart, California, on June 4; and Samuel Chavez, 32, of Boise, on June 24.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration in conjunction with the Boise Police Department and the Ada County Sheriff's Office. The OCDETF program is a federal multi agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. Federal task force members include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), Internal Revenue Service-Criminal Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and U.S. Marshals Service.
Mexican National Charged in Deaths of Smuggled AliensRead the Press Release
CORPUS CHRISTI, Texas – Idelfonso Garcia-Benitez, 20, of Michoacan, Mexico, has been charged with the smuggling of a group of 14 Illegal aliens that left seven dead and one in critical condition, United States Attorney Kenneth Magidson announced today along with Brian M. Moskowitz, special agent in charge of Homeland Security Investigations (HSI).
The indictment, returned just moments ago, charges Garcia-Benitez with one count of conspiring to transport aliens, 14 counts of transporting an alien and one count of illegal re-entry after deportation.
According to documents filed of record in the case, on March 20, 2013, at approximately 11:00 p.m., a Kingsville Police Department officer observed a pick-up truck violate state traffic law by disregarding a stop sign. The officer attempted to conduct a traffic stop on this vehicle, but the vehicle fled, leading to a brief pursuit.
The driver crashed into a vehicle barrier on General Cavazos Avenue in Kleberg County that had been deployed by the Kingsville Naval Air Station. A total of 15 illegal aliens were discovered at the scene. Of those, Garcia-Benitez was identified as the driver. Seven were killed and one remains in critical condition.
“The tragic loss of life in this case shows the very real risks that people face when they put themselves in the hands of a smuggler,” said Moskowitz. “Those responsible for the illegal movement of people into and through our country place personal profit ahead of public safety and border protection. They are driven by greed with little regard for the health and well-being of their human cargo and that can be a deadly combination.”
Garcia-Benitez was arrested at the scene of the accident. He has been in custody since that time, where he will remain pending further criminal proceedings. He is expected to appear for an arraignment hearing before U.S. Magistrate Judge Owsley early next week.
If convicted, Garcia-Benitez faces up to 20 years in prison and a possible $250,000 fine.
The case is being investigated by HSI and prosecuted by Assistant United States Attorney Jeffrey S. Miller.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Member of LulzSec Hacking Group Sentenced to over Year in Federal Prison for 2011 Intrusion into Sony Pictures Computer SystemsRead the Press Release
LOS ANGELES – A member of the LulzSec hacking group was sentenced today to one year and one day in federal prison for his conviction on federal computer hacking charges related to an extensive computer attack that compromised the computer systems of Sony Pictures Entertainment.
Cody Andrew Kretsinger, who used the online moniker “recursion,” 25, who formerly lived in Phoenix, Arizona, and currently resides in Decatur, Illinois, was sentenced this morning by United States District Judge John A. Kronstadt.
In addition to the prison term, Judge Kronstadt ordered Kretsinger to serve one year of home detention following the completion of his prison sentence, to perform 1,000 hours of community service, and to pay $605,663 in restitution.
Kretsinger pleaded guilty in April 2012 to conspiracy and the unauthorized impairment of a protected computer. According to court documents, during a one-week period in late May and early June of 2011, the computer systems of Sony Pictures were compromised by a computer hacking group known as “LulzSec” or “Lulz Security,” whose members anonymously took responsibility for the attack.
Kretsinger and others involved in the intrusion obtained confidential information from Sony Pictures’ computer systems by using an “SQL injection” attack against Sony Pictures’ website. Kretsinger and the other attackers distributed the stolen data on the Internet, information that included names, addresses, phone numbers and e-mail addresses for tens of thousands of Sony customers.
LulzSec is known for its affiliation with the international group of hackers known as “Anonymous,” which is a loose collective of computer hackers and others around the world who conduct cyber attacks and disseminate confidential information stolen from victims’ computers.
Another member of LulzSec, Raynaldo Rivera, known by the online moniker “neuron,” of Chandler, Arizona, 20, pleaded guilty last October to conspiracy charges in connection with his participation in the Sony Pictures attack. Rivera is currently scheduled to be sentenced by Judge Kronstadt on May 16.
This investigation into the attack on Sony Pictures’ computer systems was conducted by the Electronic Crimes Task Force (ECTF) in Los Angeles. The ECTF is comprised of agents and officers from the FBI, the United States Secret Service, the Los Angeles Police Department, the Los Angeles County Sheriff’s Department, the United States Attorney’s Office, the Los Angeles County District Attorney’s Office and the California Highway Patrol.
Release No. 13-054
Matthews SentencedRead the Press Release
BATON ROUGE, LA – United States Attorney Donald J. Cazayoux, Jr. announced that BRENDA MATTHEWS, age 59, was sentenced to 12 months and 1 day imprisonment for making false claims to an agency of the United States and two counts of identity theft. The Court also ordered restitution in the amount of $117,656.
MATTHEWS’ sentence this morning follows her guilty plea to the charges at her rearraignment on October 25, 2012. She admitted that, in July and August 2009, she filed 20 tax returns for tax year 2008 fraudulently claiming refunds based on First Time Homebuyer Credits. The returns prepared by MATTHEWS listed the names and Social Security numbers of others who had allegedly purchased homes, when in fact, the homes had not been purchased. In some instances, MATTHEWS used the Social Security numbers of people who did not know their identities were being used to file fraudulent tax returns. In all, the fraudulent returns, which reported the taxpayers as having no income, generated refunds in excess of $117,656.
“IRS Criminal Investigation continues to aggressively pursue the perpetrators of identity theft schemes,” stated Damon Rowe, Acting Special Agent-in-Charge, IRS-Criminal Investigations. “Identity theft continues to be a top priority for IRS.”
The investigation of this matter was conducted by the IRS-Criminal Investigations. The case was prosecuted by Assistant United States Attorney Susan C. Amundson.
Marion Man Charged with Evading Nearly $900,000 in TaxesRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced the filing of an information charging Scott A. Fischer, age 54, of Marion, Ohio, with tax evasion for calendar years 2006 through 2010.
The charges allege that Fischer evaded a total of $899,781.00 in federal income tax.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Internal Revenue Service Criminal Investigation Division. The case is being handled by Assistant United States Attorney Joseph R. Wilson.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Manhattan U.S. Attorney Announces Charges Against Antonio Indjai, Chief of the Guinea-Bissau Armed Forces, for Conspiring to Sell Surface-To-Air Missiles to A Foreign Terrorist Organization and Narco-Terrorism ConspiracyRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Michele M. Leonhart, the Administrator of the United States Drug Enforcement Administration (“DEA”), announced today the unsealing of charges against ANTONIO INDJAI, the head of the Guinea-Bissau Armed Forces, for conspiring to provide aid to the Fuerzas Armadas Revolucionarios de Colombia (the “FARC”), a South American paramilitary group long designated by the United States as a Foreign Terrorist Organization (“FTO”), by storing FARC-owned cocaine in West Africa; conspiring to sell weapons, including surface-to-air missiles to be used to protect FARC cocaine processing operations in Colombia against U.S. military forces; and conspiring to import narcotics into the United States; INDJAI has been the subject of a United Nations travel ban since May 2012 as a result of his alleged participation in the April 2012 coup d'état in Guinea-Bissau.
INDJAI’s co-conspirators Manuel Mamadi Mane and Saliu Sisse were apprehended in a West African Country on April 4, 2013, and thereafter transferred to the custody of the United States and transported to the Southern District of New York for prosecution. Co-conspirators Rafael Antonio Garavito-Garcia and Gustavo Perez-Garcia were apprehended in Colombia on April 5, pursuant to Interpol Red Notices, and remain in Colombia pending extradition to the United States. The case is assigned to U.S. District Judge Jed S. Rakoff.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, from his position atop the Guinea-Bissau military, Antonio Indjai conspired to use his power and authority to be a middleman and his country to be a way-station for people he believed to be terrorists and narco-traffickers so they could store, and ultimately transport narcotics to the United States, and procure surface-to-air missiles and other military-grade hardware to be used against United States troops. As with so many allegedly corrupt officials, he sold himself and use of his country for a price. The charges against Indjai, together with the recent arrests of his co-conspirators, have dismantled a network of alleged narco-terrorists, and once again showcased the extraordinary work of our DEA partners who, at great personal risk, travel across the globe to investigate and make arrests in these cases in order to protect the American people and American interests here and abroad.”
DEA Administrator Michele M. Leonhart said: “Today’s indictment reflects DEA’s commitment to securing our nation and protecting our citizens. These charges reveal how Indjai's sprawling drug and terror regime threatened the national security not only of his own country, but of countries across the globe. As the head of Guinea-Bissau's Armed Forces, Indjai had insider access to instruments of national power that made him an allegedly significant player in West Africa's dangerous drug trade. Partnering with individuals he believed to be part of a terrorist organization like the FARC served to expand Indjai's criminal activities and the damage he could cause. Due to our worldwide reach and unrelenting efforts, DEA and our partners took decisive action against this narco-terrorist and his network of facilitators."
According to the Indictment against INDJAI that was unsealed today and previously unsealed Indictments against his co-conspirators:
INDJAI became the head of the Guinea-Bissau armed forces in June of 2010. Beginning in the summer of 2012, he and his co-defendants communicated with confidential sources (the “CSs”) working with the DEA who purported to be representatives and/or associates of the FARC. The communications occurred by telephone, over e-mail, and in a series of audio-recorded and videotaped meetings over several months in Guinea-Bissau.
During meetings in Guinea-Bissau beginning in June 2012, and continuing through at least mid-November 2012, INDJAI, Mane, Sisse, Garavito-Garcia, and Perez-Garcia agreed to receive and store multi-ton shipments of FARC-owned cocaine in Guinea-Bissau. The defendants agreed to receive the cocaine off the coast of Guinea-Bissau, and to store the cocaine in storage houses there pending its eventual shipment to the United States, where it would be sold for the financial benefit of the FARC. The defendants further agreed that a portion of the cocaine would be used to pay Guinea-Bissau government officials, including INDJAI, for providing safe passage for the cocaine through Guinea-Bissau.
Also during those meetings, INDJAI, Mane, Sisse, and Garavito-Garcia agreed to arrange to purchase weapons for the FARC, including surface-to-air missiles, by importing them into Guinea-Bissau for the nominal use of the Guinea-Bissau military when in fact they intended to provide the weapons to the FARC.
For example, on June 30, 2012, during a recorded meeting in Guinea-Bissau with the CSs, Mane, Sisse, and Garavito-Garcia agreed to assist in the distribution of FARC cocaine by facilitating its shipment to Guinea-Bissau inside loads of military uniforms, and by establishing a front company in Guinea-Bissau to export the cocaine to the United States. In addition, Mane agreed to assist in obtaining weapons for the FARC by arranging a meeting with INDJAI. On July 2, 2012, at a recorded meeting with the CSs in Guinea-Bissau, INDJAI agreed to facilitate the shipment of cocaine to the United States through Guinea-Bissau and to procure weapons for the FARC, including surface-to-air missiles, knowing that the weapons would be used to combat United States forces operating in Colombia. During a recorded meeting in Guinea-Bissau with Mane, Sisse, Garavito-Garcia, and Perez-Garcia on November 13, 2012, a Guinea-Bissau military official advised one of the CSs that INDJAI would be ready to execute the weapons transaction once the FARC brought money to Guinea-Bissau, and that the anti-aircraft missiles to be sold to the FARC could be used against United States helicopters operating in Colombia.
INDJAI has been charged with one count of conspiracy to engage in narco-terrorism; one count of conspiracy to distribute five kilograms or more of cocaine, knowing or intending that the cocaine would be imported into the United States; one count of conspiracy to provide material support and resources to an FTO; and one count of conspiracy to acquire and transfer anti-aircraft missiles. Count One carries a mandatory minimum sentence of 20 years in prison and a maximum penalty of life in prison. Count Two carries a mandatory minimum sentence of 10 years in prison and a maximum penalty of life in prison. Count Three carries a maximum potential penalty of 15 years in prison. Count Four carries a mandatory minimum of 25 years in prison and a maximum potential penalty of life in prison.
The charges and investigation of these defendants were the result of the close cooperative efforts of the United States Attorney’s Office for the Southern District of New York, the Special Operations Division and the Foreign-Deployed Advisory Support Team of the DEA, the DEA Lisbon Country Office, the DEA Bogota Country Office, and the U.S. Department of Justice Office of International Affairs.
This prosecution is being handled by the Office's Terrorism and International Narcotics Unit. Assistant United States Attorneys Aimee Hector and Glen Kopp are in charge of the prosecution.
The charges contained in the Indictments are merely accusations and the defendants are presumed innocent unless and until proven guilty.
U.S. v. Antonio Indjai S6 Indictment
Man Sentenced to 63 Months in Prison for Inmate Tax Fraud SchemeRead the Press Release
PANAMA CITY, FLORIDA – Michael William Joseph, III, 53, formerly an inmate in the Florida Department of Corrections was sentenced to 63 months in prison today for his involvement in an inmate tax fraud scheme and ordered to pay $37,196.27 in restitution to the Internal Revenue Service.
United States District Judge Richard Smoak sentenced Joseph to 63 months in prison based upon Joseph’s guilty plea to forty-one counts of violation of federal criminal laws which included: conspiracy to defraud the government with respect to claims, conspiracy to commit mail fraud, twenty-four counts of filing false claims against the government and fifteen counts of theft from the government. In addition, Judge Smoak also ordered that $29,514.91 in United States currency would be forfeited to the United States as proceeds of Joseph’s federal crimes. These funds included money that was seized by law enforcement from Joseph’s bank account, as well as an additional stash of cash found buried in the backyard of a Tampa home in June 2009.
The evidence showed that Joseph conspired with others to file eighty-one false claims for tax refunds against the government in the names of forty-one inmates incarcerated in Florida Department of Corrections from February 7, 2008, through July 10, 2012. Most of the false refunds were directed to a bank account under the control of Joseph or were sent in checks to the residence of Joseph’s mother.
United States Attorney Pamela Marsh stated, “The Department of Justice is committed to vigorously prosecuting those individuals and groups of individuals who steal the identities of other individuals and use those stolen identities to fraudulently obtain large amounts of money from the Government. We have intensified our efforts, along with our federal and state law enforcement partners, to identify and vigorously prosecute these stolen identity return fraud cases.”
“Today’s sentence reflects the seriousness with which tax refund fraud is taken by the courts” stated James D. Robnett, Special Agent in Charge of the IRS Criminal Investigation, Tampa Field Office. “Our office, in cooperation with the U.S. Attorney’s Office and our federal, state and local law enforcement partners, will continue to commit resources to combat tax fraud wherever it may occur. Through aggressive enforcement of the tax laws our office hopes to promote confidence in the tax system, proving that this type of crime will not be tolerated.”
Ms. Marsh expressed her grateful appreciation for the collaborative investigative efforts of IRS Criminal Investigation, the U.S. Postal Inspection Service, the Florida Department of Law Enforcement, the State Attorney’s Office for the 14th Judicial Circuit of Florida, and the Florida Department of Corrections. The case was prosecuted by Assistant United States Attorney Tiffany H. Eggers.
Man Indicted for Unlawful Possession of ExplosivesRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today that Thomas Lee Stanton, 18, whose home address is listed as Lebanon, Illinois, was indicted by a federal grand jury today for unlawfully possessing destructive devices.
The indictment alleges that on April 17, 2013, Stanton possessed one or more destructive devices, including a “cricket” bomb, which is comprised of carbon dioxide (CO2) cartridges, fuses and explosive powder. If convicted, Stanton faces possible maximum penalties of 10 years in prison, a $250,000 fine, and 3 years of supervised release.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge and is entitled to a fair trial at which the United States must prove guilt beyond a reasonable doubt.
United States Attorney Wigginton praised the swift and jointly conducted investigation which teamed up not only his Office and St. Clair County State’s Attorney Brendan Kelly, but included investigators from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Illinois State Police, the St. Clair County Sheriff’s Department, the O’Fallon Police Department, the Lebanon Police Department, the Illinois Secretary of State Police Bomb Squad, the Scott Air Force Base Explosive Ordnance Disposal K-9 Unit, and O’Fallon Township High School Personnel and Security Officers. “In the wake of other events around the country, I am pleased and gratified by the selfless and intense investigation which was brought to bear.” noted United States Attorney Wigginton.
The case is being prosecuted by Assistant United States Attorneys Liam Coonan and Ranley R. Killian.
Man Charged with Illegal Reentry After DeportationRead the Press Release
Ascencion Sandoval-Aparicio, a/k/a "Acension Sanjoval," 39, of Mexico, was charged today by indictment with one count of illegal reentry after deportation, announced United States Attorney Zane David Memeger. The indictment alleges that on or about March 8, 2013, Sandovai-Aparicio, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about February 20, 1998, August 19, 2011, October 13, 2011, February 14,2012, May 18, 2012 and September 2, 2012.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations ("ERO") and is being prosecuted by Assistant United States Attorney Joseph J. Khan.
Click here to view the indictment
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Lutz Man Indicted on Drug Conspiracy and Sex Trafficking ChargesRead the Press Release
Tampa, FL - United States Attorney Robert E. O'Neill announces the return by a federal grand jury of an indictment charging Andrew Blane Fields (62, Lutz) with conspiracy to possess with the intent to distribute controlled substances, namely Oxycodone, Dilaudid, and Morphine, three counts of sex trafficking by force, fraud, and coercion, and two counts of possession with intent to distribute controlled substances. If convicted on all counts, Fields faces a maximum penalty of life in federal prison.
According to the indictment, at least as early as 2008 through the end of 2012, Fields engaged in the sex trafficking of three different victims for commercial gain. Fields coerced and controlled the victims by, among other methods, supplying them with a large number of highly addictive prescription drugs on a daily basis. During the execution of a federal search warrant, law enforcement recovered thousands of prescription pills from Fields' residence. Fields was previously charged by criminal complaint on March 20, 2013.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), with the assistance of the Clearwater Police Department and members of the Clearwater Area Human Trafficking Task Force. It will be prosecuted by Assistant United States Attorney Josephine W. Thomas and Trial Attorney William E. Nolan with the Department of Justice Civil Rights Division's Human Trafficking Prosecution Unit.
Lebanon Man Charged in the Robbery of the Fulton Bank in CleonaRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Karree Isiah Pitts, the man allegedly responsible for the robbery at the Fulton Bank in Cleona was charged in an indictment.
According to United States Attorney Peter J. Smith, on February 27, 2013, the Fulton Bank located at 433 West Penn Avenue in Cleona, Pennsylvania was robbed and $2,790 was stolen from the bank. A federal grand jury in Harrisburg returned an indictment Wednesday charging Karree Isiah Pitts, age 22, of Lebanon, with bank robbery.
This case was investigated by the Federal Bureau of Investigation and the Cleona Police Department. Prosecution has been assigned to Assistant United States Attorney Daryl F. Bloom.Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
****Lake Charles Doctor Pleads Guilty to Health Care FraudRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that Dr. Lynn E. Foret, 63, of Lake Charles, La., pleaded guilty before U.S. District Court Judge Richard T. Haik to defrauding Medicare, Medicaid and private insurance companies out of close to $1 million.
According to the bill of information, from 2003 to 2009, Foret injected his patients’ knees with a steroid solution while falsely billing and receiving payments from Medicare, Medicaid and private insurance companies for a more costly drug called Hyalgan. During the time period outlined in the bill of information, he received reimbursements totaling $948,249.11. Foret is a Lake Charles medical doctor who specialized in orthopedic surgery since 1976. He closed his practice in December of 2012.Various types of steroids are often used to treat osteoarthritis of the knee. Hyalgan is another more costly type of medication that is used to treat osteoarthritis. It contains a natural substance called Hyaluronate, which is normally found in the fluid that lubricates and cushions knee joints and is injected directly into a patient’s knee to relieve inflammation.
Foret faces a maximum penalty of 10 years in prison, a $250,000 fine, restitution, and three years of supervised release for the count of heath care fraud. A sentencing date has not been set.
The Medicaid Fraud Control Unit (MFCU) of the Louisiana State Attorney General’s Office, FBI, U.S. Food and Drug Administration, and the Department of Health and Human Services - Office of Inspector General (OIG) conducted the investigation. Assistant U.S. Attorney Kelly P. Uebinger is prosecuting the caseLaguna Niguel Man Pleads Guilty to Defrauding ebayRead the Press Release
SAN JOSE - Brian Andrew Dunning pleaded guilty in federal court in San Jose on April 15, 2013 to wire fraud, United States Attorney Melinda Haag announced.
In pleading guilty, Dunning admitted that, between approximately May 2006 and June 2007, he engaged in a scheme to defraud eBay through so-called “cookie stuffing.” According to the plea agreement, commissions paid to Dunning’s company, Kessler’s Flying Circus (KFC), which Dunning owned jointly with his brother, totaled approximately $5.2 million during that period from eBay’s domestic Affiliate Program.
According to the plea agreement, in approximately April 2005, Dunning and his brother formed KFC, through which they participated in the eBay Affiliate Program. The Affiliate Program was a means by which eBay worked with KFC and other affiliates to drive Internet traffic to eBay’s websites. Under the program, an affiliate was supposed to send visitors to eBay’s website by displaying an eBay advertisement, or link, on the affiliate’s website. If a visitor clicked on the eBay link or ad, he or she was redirected to eBay’s website. If that user subsequently conducted a “revenue action” on eBay’s website within a designated period of time, eBay paid the affiliate a commission for the referral.
Dunning admitted that he carried out his scheme by providing free applications at two of his websites that users could download and use on their own websites: ProfileMaps.info, which showed the physical location of visitors to a MySpace profile, and WhoLinked.com, which showed who was linking to the user’s website or blog. Both applications contained code Dunning had written which operated so that, when a user visited a website that had installed the application, the code would cause the user’s browser to receive a cookie with KFC’s ID number, even though the user did not click on an eBay ad or link, did not see any content from eBay’s website, and did not realize that his or her browser had been re-directed to eBay’s tracking server. As a result, KFC would be paid if that user subsequently conducted an eBay revenue action within a certain period of time.
Dunning, 47, of Laguna Niguel, California, was indicted by a federal Grand Jury on June 24, 2010, and charged with five counts of wire fraud, in violation of Title 18, United States Code, Section 1343. Under the plea agreement, Dunning pleaded guilty to a superseding information, filed on April 15, 2013, that alleged a separate violation of the same statute. In his plea agreement, Dunning admitted that he received payments for revenue actions for which he was not entitled to be compensated, but reserved the right to dispute how much of those payments were attributable to the cookie stuffing scheme.
An evidentiary hearing to determine the loss amount will be held on August 8, 2013, before United States District Judge Edward J. Davila, in San Jose. The maximum statutory penalty for a violation of 18 U.S.C. § 1343 is 20 years imprisonment and a fine of $250,000, or twice the gross gain or gross loss from the offense, whichever is greater, plus restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
David R. Callaway and Kyle F. Waldinger are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Elise Etter, Rawaty Yim, and Elizabeth Garcia. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Kinloch, Missouri Fire Protection District Chief Indicted on Federal Fraud ChargesRead the Press Release
St. Louis, MO -The Fire Chief for the Kinloch Fire Protection District, Darran Kelley, was arrested earlier today on warrants issued as a result of a federal grand jury indictment which was filed on Wednesday, April 17, 2013, charging Kelley with the unauthorized use of more than $140,000 of District funds from January 2007 to January 11, 2013. The indictment also charges Kelley with making a false statement relative to his receipt of Social Security disability payments. Kelley has been the District Fire Chief since 2002.
According to the indictment, the Kinloch Fire Protection District maintained a District banking account for the receipt and disbursement of District funds. From January 2007 through January 2013, the District received approximately $160,361 in tax revenues from St. Louis County, Missouri; the City of Kinloch distributed city funds to the District’s bank account for payroll and operations of the District. The indictment alleges that it was a part of Kelley’s scheme that on one or more occasions he made unauthorized cash withdrawals from the District’s bank account for his own personal use, including for the purchase of various personal items and for gambling at several casinos in the St. Louis area that were unrelated to the legitimate operations of the District. It was a further part of Kelley’s scheme that on one or more occasions he made unauthorized transfers of funds from the District’s bank account to pay for charges on his own personal Mastercard credit card, which were unrelated to the legitimate operations of the District.
In June 2010, the Federal Emergency Management Agency (FEMA) awarded the District a grant of $237,500 to cover 95% of the $250,000 total cost of a fire engine, based upon an application submitted by Kelley. The City of Kinloch also distributed $15,000 of city funds to the District to cover the District's responsibility to pay 5% of the cost of the fire engine. The indictment alleges that some of these funds were later used by Kelley to purchase personal items and for gambling at several casinos. The indictment alleges that during April 2011, it was widely reported by the St. Louis area media that the District was unable to pay the insurance premium due on the newly purchased fire engine. The premium then due was reported to be approximately $2,322. Numerous private citizens saw the media reports and made donations to the District to pay for the insurance premium, which donations totaled well in excess of the premium then due. Kelley paid the insurer $2,322, and the remaining donated funds were retained in the District's bank account and later used by Kelley to purchase personal items and for gambling at several area casinos. While Kelley engaged in the unauthorized use of District funds, there were substantial outstanding bills from AmerenUE for electric service, American Water for water service, to AT&T for telephone and communications services and to North Central County Fire Alarm System for dispatch services, radios and pagers. Many of these bills went unpaid as a result of his alleged criminal conduct and some of the necessary services were reduced or cut off due to non-payment.
The indictment also alleges that beginning on August 15, 2000, Kelley began receiving monthly disability benefit payments through the Social Security Administration pursuant to his application for benefits relative to a personal medical condition. Following his initial application, and in order for the Social Security Administration to determine his continued eligibility for disability benefits, he was required to immediately report any work and income, and to periodically verify his continued disability and report any work on Continuing Disability Review Reports. The indictment alleges that Kelley failed to truthfully report his work for the Kinloch Fire Protection District, and his income from that work to the Social Security Administration. The indictment states that on July 26, 2011, Kelley made a false statement on his Continuing Disability Review Report by stating that he had not worked since April 1, 2006, the date of his last medical disability decision, when in fact, he had been working as the paid Chief of the Kinloch Fire Protection District during that period of time. Kelley was paid a salary of approximately $640 every two weeks until December, 2011.
DARRAN KELLEY, Ferguson, MO, was indicted by a federal grand jury on three felony counts of wire fraud, one felony count of federal program theft and one felony count of making false statements.
If convicted, each count of wire fraud carries a maximum penalty of 20 years in prison and/or fines up to $250,000; federal program theft carries a maximum of 10 years prison and/or fines up to $250,000; and false statement carries a maximum of five years prison and/or fines up to $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Federal Bureau of Investigation and the St. Louis County Police Department. Assistant United States Attorney Hal Goldsmith is handling the case for the U.S. Attorney's Office.As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Jury Finds Brooklyn Park Man Guilty of Role in Large, Multi-state Identity Theft RingRead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a jury found a 41-year-old Brooklyn Park man guilty of participating in a large, multi-state, identity theft ring. Following an eight-day trial, the jury convicted Gordon Lamarr Moore of one count of conspiracy to commit bank fraud and two counts of aggravated identity theft. Moore, who fled during trial, was indicted along with four others on November 14, 2012. He remains a fugitive. If you have any information regarding Moore’s whereabouts, contact the United States Marshals Service at (612) 664-5900 or [email protected].
According to the evidence presented at trial, members of the conspiracy obtained the personal information of other people through mail theft, vehicle break-ins, and burglaries, as well as from co-conspirators who stole the information from their places of employment. That information was then used to create false identification documents, such as driver’s licenses and identification cards, along with counterfeit checks. Co-conspirators used the counterfeit checks and fraudulent identification to purchase expensive items and gift cards at retail stores. They later returned the items for cash, which was divided among those involved in the criminal activity. Co-conspirators also deposited counterfeit checks into the bank accounts of unknowing individuals, only to withdraw the funds from those same accounts a short time later. To avoid detection, co-conspirators only accessed each bank account a few times before moving on to another.
Earlier this month, two co-defendants, Shanell Collette Brewer and Samantha Catrina House, pleaded guilty to participating in the scheme. In February 2013, two others, Jerome Davis, Jr., and Jemall Ronta Williams, also pleaded guilty to the same crime.
The newly convicted defendants face a maximum potential penalty of 30 years in federal prison for conspiracy to commit bank fraud and a mandatory minimum consecutive penalty of two years in prison on each count of identity theft. U.S. District Court Judge Paul A. Magnuson will determine their actual sentences at a future hearing, not yet scheduled.
In a related case, following a jury trial in September 2012, four other men were convicted of crimes connected to this same identity theft ring. They now await sentencing. Twenty-four additional co-conspirators have entered guilty pleas for their participation in the ring. They too await sentencing.
These cases resulted from an investigation conducted by the Minnesota Financial Crimes Task Force, the U.S. Postal Inspection Service, and the Internal Revenue Service-Criminal Investigations. They are being prosecuted by Assistant U.S. Attorneys Karen B. Schommer and Michelle E. Jones.
The Financial Crimes Task Force was established pursuant to state law and is comprised of local, state, and federal law enforcement investigators dedicated to combating the growing problem of cross-jurisdictional financial crimes. The task force, overseen by an advisory board also created under state law, serves the entire District of Minnesota, presenting its cases to county or federal prosecutors, as appropriate.The task force and the Minnesota U.S. Attorney’s Office want to remind people to protect themselves from identity theft. For more information, visit http://www.stopfraud.gov/protect-identity.html.
For more information on how to avoid becoming a victim of identity theft, visit https://postalinspectors.uspis.gov/investigations/MailFraud/fraudschemes/mailtheft/IdentityTheft.aspx . The IRS-Criminal Investigations also urges citizens to review the Taxpayer Guide to Identity Theft, which can be found at http://www.irs.gov.
For tips on how to prevent mail theft, visit https://postalinspectors.uspis.gov/investigations/MailFraud/fraudschemes/mailtheft/MailTheft.aspx.
Joseph C. Delay Sentenced for Being A Felon in Possession of A FirearmRead the Press Release
JOSEPH C. DELAY, 42, of Metairie, Louisiana, was sentenced today to being a felon in possession of a firearm, announced U. S. Attorney Dana J. Boente. U.S. District Court Judge Jane Triche Milazzo sentenced DELAY to 5 years incarceration and 3 years supervised release.
DELAY was charged in May 2012 in an Indictment with Being a Felon in Possession of a Firearm and with Failure to Register as a Sex Offender.
Documents filed in federal court indicate that on March 9, 2012, at 2:51 a.m., a Jefferson Parish Sheriff’s deputy pulled over the defendant for operating a motor vehicle without a license plate. The defendant drove away after the deputy exited his vehicle and approached the defendant’s vehicle. A high-speed chase ensued and other deputies located the vehicle within minutes. The defendant was no longer in the vehicle, however, a loaded .380 caliber Lorcin semi-automatic pistol bearing Serial Number 462237 was left on the driver’s side floorboard. In addition, the defendant left his cellular telephone directly outside of the vehicle.
Court records show that in1995, DELAY was convicted in Criminal District Court for the Parish of Orleans of Forcible Rape, Armed Robbery, and Aggravated Burglary. In addition, DELAY was convicted in 2004, in the 24th Judicial District Court for the Parish of Jefferson of possession of a Schedule II controlled substance, and in 2010, in the 24th Judicial District Court for the Parish of Jefferson, DELAY was convicted of Failure to Register as a Sex Offender.
This case was investigated by the U.S. Marshal’s Service, Bureau of Alcohol, Tobacco and Firearms, and the Jefferson Parish Sheriff’s Office.
The prosecution of this case was handled by Assistant U. S. Attorney Brian M. Klebba.