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Wednesday 17 April 2013
Pine Ridge Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man convicted of Abusive Sexual Contact was sentenced on April 15, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jason One Feather, age 39, was sentenced to 120 months’ imprisonment and 10 years of supervised release and ordered to pay $200 to the Victim Assistance Fund.
In October 2011, One Feather engaged in sexual contact with a girl under the age of 12. He pled guilty on December 11, 2012.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Pella Woman Sentenced to 48 Months for FraudRead the Press Release
DES MOINES, IA - Beverly Joan DeRonde, age 61, was sentenced to a term of imprisonment of 48 months for mail fraud. The Honorable James E. Gritzner, Chief United States District Court Judge, also sentenced DeRonde to pay restitution to her victims in the amount of $680,376.93, a $100 special assessment to the crime victims fund, and also ordered her to serve a three year period of supervised release after imprisonment.
DeRonde, from Pella, Iowa, operated a Ponzi scheme between 2003 and 2010, involving over 70 individuals. DeRonde would solicit loans from her victims, claiming she needed to borrow the money to buy her husband a birthday or anniversary present, or to help him start his boat repair business. DeRonde promised huge amounts of interest to entice her victims to lend her the money. DeRonde used the money from new victims to pay off the older loans. She wrote numerous letters to her victims, asking them to keep the loans a secret and giving various excuses as to why she was unable to repay them on the date previously promised.
This case was investigated by the U.S. Postal Inspection Service, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Owner of Brotherly Love Ambulance Pleads Guilty to $2 Million Health Care Fraud SchemeRead the Press Release
PHILADELPHIA - Feda Kuran, 37, of Philadelphia, PA, pleaded guilty today to a health care fraud scheme that involved billing Medicare for ambulance services that were not medically necessary, that were not actually provided, or that were induced by illegal kickbacks. During this health care fraud scheme, the defendant also gave and received illegal kickbacks. As a result, the Medicare program paid more than $2,015,712 for the fraudulent bills. Kuran pleaded guilty to one count of Health Care Fraud and one count of violating the Anti-Kickback Statute. U.S. District Court Judge William H. Yohn, Jr. scheduled a sentencing hearing for July 24, 2013. Kuran faces a maximum possible sentence of 15 years in prison, three years of supervised release, a $250,000 fine, a $200 special assessment, and restitution to Medicare. In addition, the defendant has agreed to forfeiture and a money judgment against her for more than $2 million.
As documents filed in connection with the plea revealed, in July 2010, the defendant began operating Brotherly Love Ambulance, Inc. with a co-schemer. Kuran, or others acting at her direction, transported patients by ambulance when those patients could have been transported safely by other means and were, therefore, not eligible for ambulance service under Medicare and Medicaid requirements. Not only were those patients able to be safely transported by means other than ambulance, but also many of the patients were observed walking to and from ambulances. The defendant and others billed Medicare for ambulance services for patients who were transported by Brotherly Love employees in personal vehicles or who drove themselves or took public transportation to their destinations. In addition, the defendant and other employees paid kickbacks to some patients to induce them to allow Brotherly Love Ambulance, Inc. to transport them. Brotherly Love paid other patients so that the ambulance company could use those patients’ information to bill for transportation that Brotherly Love Ambulance never actually provided. The defendant also agreed that she received kickbacks from other ambulance companies to refer patients to the other ambulance companies.
The case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General, the Federal Bureau of Investigation, and the U.S. Department of Labor Office of the Inspector General. It is being prosecuted by Assistant United States Attorneys Matthew J.D. Hogan and Paul W. Kaufman.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Owner of Auto Repair Shop Servicing Government Vehicles Admits Bribing Government OfficialRead the Press Release
NEWARK, N.J. – The owner of Autotron Systems Inc., an auto repair shop that provided auto repair services to numerous government agencies, admitted today that he paid bribes to a federal agent in exchange for the agent’s assistance in referring government business to Autotron and expediting and inflating payments, U.S. Attorney Paul J. Fishman announced.
Taras Maczaj, 66, of New York, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an Information charging him with one count of bribing a federal agent then employed as a supervisory special agent with the U.S. Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) in New York.
According to documents filed in this case and statements made in court:
Maczaj was the president and chief executive officer of Autotron, which provided, among other things, vehicle repairs and upgrades to government-owned vehicles, including vehicles owned by DHS and ICE.
From as early as May 2007 to February 2011, Maczaj purchased multiple gift cards to be used as bribe payments. During that time, he gave more than $10,000 in gifts cards to the agent, including at locations in New Jersey.Maczaj admitted he provided the gift cards to the agent in exchange for the agent’s referral of all government-owned vehicles under the agent’s control that needed repairs, maintenance or other work; expediting the payment of Autotron’s invoices; and approving invoices that contained fraudulent or inflated charges for services Autotron purportedly performed on the vehicles.
The count to which Maczaj pleaded guilty carries a maximum potential penalty of 15 years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 4, 2013.
U.S. Attorney Fishman credited special agents of DHS, Office of Professional Responsibility, under the direction of Special Agent in Charge, Northeast, Terence Opiola; the DHS, Office of Inspector General, Northeast, under the direction of Gregory K. Null; special agents of the U.S. Department of Justice Office of the Inspector General, under the direction of Acting Special Agent in Charge Michael P. Tompkins; and ICE, Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Barbara R. Llanes of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
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Maczaj Information
New Hamsphire Man Sentenced on Distribution of HeroinRead the Press Release
CONCORD, N.H. – Willy Valentin, 27, of Manchester, was sentenced in United States District Court for the District of New Hampshire to 37 months in prison after pleading guilty to two counts of distribution of heroin, announced United States Attorney John P. Kacavas.
In the summer of 2011, the Manchester Police Department conducted an investigation into the sale of heroin in the Manchester area. In August and September of 2011, a confidential informant purchased 1.13 grams of heroin from the defendant. The defendant was arrested and admitted that he had been selling heroin beginning in June of 2011. The defendant engaged in the heroin distribution while he was on supervised release from a previous federal conviction for conspiracy to distribute cocaine and distribution of more than five grams of cocaine.
The case was prosecuted by Assistant United States Attorney Debra M. Walsh.
Mohammed Sameer Ahmed Pleads Guilty to Selling Counterfeit Nfl JerseysRead the Press Release
MOHAMMED SAMEER AHMED, age 36, a resident of Kenner, pleaded guilty today before U.S. District Judge Kurt D. Engelhardt to a one-count bill of information for trafficking in counterfeit goods, announced U.S. Attorney Dana Boente.
According to court documents, AHMED was caught trying to sell 58 counterfeit NFL jerseys in his French Quarter store from June 2010 to October 2010. The counterfeit jerseys had false markings and holograms on them that were likely to lead customers to believe that they were authentic New Orleans Saints jerseys.
AHMED faces a maximum term of imprisonment of 10 years, a fine of $2,000,000, and 3 years of supervised release following any term of imprisonment. Sentencing is scheduled for July 17, 2013.
The case was investigated by the U.S. Department of Homeland Security. The case is being prosecuted by Assistant U. S. Attorney Spiro G. Latsis.
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Mexican National Indicted for Illegal Re EntryRead the Press Release
Defendant Deported Three Times Previously
ATLANTA - Rogelio Lopez-Velasquez has been indicted by a federal grand jury for the offense of illegal re-entry after deportation and being found in the United States without admission or parole.
“Our officers work diligently with prosecutors from the U.S. Attorney’s Office for the Northern District of Georgia to hold accountable aliens who show such flagrant disregard for our nation’s immigration laws,” said Felicia S. Skinner, field office director of U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) field office in Atlanta. “Aliens who consider illegally re-entering the United States after removal should know we are serious about prosecuting them for this felony offense. Their very illegal presence in the United States provides all of the evidence we need.” Skinner oversees ERO operations in Georgia and the Carolinas.
According to United States Attorney Yates, the charge and other information presented in court: ICE agents encountered Lopez-Velasquez, 29, of Oaxaca, Mexico, on January 15, 2013, in Gwinnett County, Ga. After a background check, agents determined that Lopez-Velasquez, who initially gave a false name of “Rogelio Santiago-Lopez,” had been deported from the United States on three prior occasions between September 2007, and November 2011. His most recent deportation resulted from a June 14, 2011, conviction for illegal entry in the District of Arizona, Tucson Division.
The indictment alleges one count of illegal re-entry after deportation. The charge carries a maximum sentence of two years in prison, a fine of up to $250,000, and a period of supervised release of up to one year. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
This case is being investigated by Deportation Officers of the Department of Homeland Security, Immigration and Customs Enforcement’s - Enforcement and Removal Operations.
Special Assistant United States Attorney Njeri B. Maldonado is prosecuting the case.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
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.
Melody Huie Sentenced for Tax Evasion and Wire Fraud After Embezzling $1.37 Million from EmployerRead the Press Release
MELODY HUIE, age 56, of Mandeville, Louisiana, was sentenced today by U. S. District Judge Kurt D. Engelhardt to 18 months in prison, after previously pleading guilty to wire fraud and tax evasion, announced United States Attorney Dana J. Boente. HUIE was also ordered to pay full restitution, plus $446,983.00 to the IRS. HUIE, further, was sentenced to 3 years of supervised release after she is released from jail, the first six months of which are to be spent on home confinement.
According to court documents, HUIE was employed by a transportation company in New Orleans, Louisiana where she served as a General Manager for Accounting. In that capacity, HUIE was responsible for overseeing the company’s finances and accounts. HUIE was one of three individuals at the company who was authorized to conduct wire transfers from the company’s bank accounts. Wire transfers from the company’s Chase bank account had to be authorized by two of the three employees with such authorization. As part of its security protocol, after one of the three authorized individuals initiated a transfer, Chase called one of the other employees to verify the legitimacy of the transfer.
When HUIE wanted to steal money from her employer, she would make a phone call to Chase’s customer service department and direct them to transfer money to a separate bank account under her control. When initiating a wire transfer by phone (whether legitimate or not), HUIE had to identify herself, specify the account from which she wished to draw the money and provide a password created by Chase. When Chase called to verify one of HUIE’S transfers, HUIE answered the other phone and fraudulently identified herself as the second individual authorized to conduct wire transfers. HUIE knew where this individual stored his/her password and security information, which HUIE provided to the Chase representative to verify the unauthorized wire transfer. To disguise her actions further, HUIE added fictitious reference notes such as “Fund Redemption,” “401K Distribution,” or “Consulting Fee” to the transfer or used variations of the nameholder on the account to which she sent the money to make the transfers appear legitimate.
HUIE stole money in this manner at least 114 times between November 2006 and September 2011, totaling $1,370,814.09.
HUIE then failed to report as taxable income the money she stole on her tax returns. As a result, she failed to pay income tax between tax years 2006 and 2011 in the amount of approximately $446,983.00.
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigations Division. It was prosecuted by Assistant United States Attorney Jordan Ginsberg.
Massachusetts Man Sentenced on Conspiracy to Distribute Controlled SubstancesRead the Press Release
CONCORD, N.H. – Jimmy F. Ambrosi, 32, of Lowell, Massachusetts, was sentenced in United States District Court for the District of New Hampshire to 57 months in prison for conspiracy to distribute controlled substances and five counts of distribution of cocaine base (crack) and cocaine, announced United States Attorney John P. Kacavas.
The Hampton Police Department and the New Hampshire Drug Task Force conducted an investigation of the sale of illegal drugs in the Hampton Beach area, targeting a cocaine trafficking and distribution network in which Jimmy F. Ambrosi was identified as a main target. From June 2011 through March 2012, a confidential informant made 3 purchases of crack cocaine from Ambrosi’s co-defendant, Andrew Wojtowicz. The confidential informant introduced an undercover police officer to Wojtowicz who introduced the undercover police officer to Ambrosi. Twenty-four additional purchases of illegal controlled substances, including cocaine, crack cocaine, marijuana and oxycodone were made from Ambrosi, Wojtowicz and their associates. Ambrosi sold the undercover police officer illegal controlled substances on 5 occasions in New Hampshire and once in Massachusetts.
The case was prosecuted by Assistant United States Attorney Debra M. Walsh.
Maryland Man Found Guilty of Assaulting A Man in Christmas Eve Attack Near Metro Station - Charges Include the Wearing of A Mask While Committing A Crime -Read the Press Release
WASHINGTON - Michael Anthony Hartley, 21, of Temple Hills, Md., was found guilty by a jury today of charges stemming from an attack on Christmas Eve 2012 against a man near a Metro station in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Hartley was found guilty following a trial in the Superior Court of the District of Columbia of charges of assault with intent to commit robbery while armed; assault with significant bodily injuries; malicious destruction of property, and wearing a hood or mask concealing his identity while committing these offenses. The Honorable Michael Ryan scheduled sentencing for June 18, 2013.
According to the government’s evidence, on Dec. 24, 2012, at about 3:30 p.m., the victim was leaving the Rhode Island Avenue Metro station and was on his way home. He was putting his iPhone in his pants pockets when he encountered Hartley, a stranger. Both men exchanged a perfunctory greeting of "hey" as they walked past each other.
Seconds later, the victim noticed that Hartley was walking shoulder-to-shoulder with him. However, Hartley now was wearing a hoodie over his head and a mask covering his mouth. Hartley demanded the victim’s iPhone. He told the victim that he had a gun, put his hand in his jacket-pocket, and made a gesture as if pointing the weapon. The victim tried to get away, but Hartley caught him. At this point, Hartley shoved the victim while loudly demanding the iPhone. A bystander happened to walk by and called the police.
Before police could get to the scene, Hartley punched the victim in the face at least twice with a closed fist, causing significant injuries, including facial lacerations. Hartley also broke the victim’s eyeglasses. During the entire attack, Hartley was wearing a hoodie over his head and a mask covering part of his face to conceal his identity. The police arrived while Hartley was still on the scene, and the victim pointed him out as the person who tried to rob him.
In announcing the verdict, U.S. Attorney Machen commended the work of the Metropolitan Police Department (MPD). He also acknowledged the efforts of those worked on the matter for the U.S. Attorney’s Office, including Paralegal Specialist Tameka Garcia and Litigation Technology Specialist Thomas Royal. Finally, U.S. Attorney Machen commended the work of Assistant U.S. Attorney John C. Truong, who investigated and prosecuted the case.
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Manhattan U.S. Attorney Announces Supervisory AppointmentsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today the appointments of Neil Corwin as Executive Assistant United States Attorney, Bonnie B. Jonas as Deputy Chief of the Criminal Division, Sarah Normand as Deputy Chief of the Civil Division, and Benjamin H. Torrance as Chief Appellate Attorney of the Civil Division.
Mr. Corwin joined the Office in 1995. Prior to being named Executive Assistant United States Attorney, he served as Deputy Chief of the Office’s Civil Division for the last decade. Mr. Corwin also served as Chief of the Civil Rights Unit from 2000 to 2003, and as an AUSA in the Civil Division from 1995 to 2000. Prior to joining the Office, Mr. Corwin worked for the New York City Law Department’s Affirmative Litigation Division. After law school, he clerked for the Honorable W. Arthur Garrity, Jr. of the U.S. District Court for the District of Massachusetts, and worked as an associate at Hogan & Hartson LLP in Washington, D.C. Mr. Corwin is a 1981 graduate of Amherst College and a 1985 graduate of the New York University School of Law.
Ms. Jonas joined the Office in 1997. Prior to being named Deputy Chief of the Office’s Criminal Division, she served as Senior Litigation Counsel since 2009 and as the Office’s Financial Fraud Coordinator for President Obama’s Financial Fraud Enforcement Task Force since 2010. During her tenure, Ms. Jonas has also served as the Chief of the General Crimes Unit, and as a member of the Securities and Commodities Fraud Task Force. Following law school, Ms. Jonas clerked for the Honorable Reena Raggi of the U.S. District Court in the Eastern District of New York and worked as an associate at Paul, Weiss, Rifkind, Wharton & Garrison in New York. She is a 1991 graduate of the Wharton School at the University of Pennsylvania, and a 1995 graduate of the Columbia University School of Law.
Ms. Normand joined the Office in 1999. Prior to being named Deputy Chief of the Office’s Civil Division, she served as the Division’s Chief Appellate Attorney since 2009, and Deputy Chief Appellate Attorney from 2004 to 2009. Prior to joining the Office, Ms. Normand clerked for the Honorable Sonia Sotomayor on the U.S. Court of Appeals for the Second Circuit, and worked as an associate in the environmental group at Dewey Ballantine. After law school, she also clerked for the Honorable Frank E. Schwelb on the D.C. Court of Appeals. Ms. Normand is a 1991 graduate of Georgetown University and a 1995 graduate of the Georgetown University Law Center.
Mr. Torrance joined the Office in 2002. Prior to being named Chief Appellate Attorney of the Civil Division, he served as the Deputy Chief Appellate Attorney from 2009 to 2013 and the Acting Deputy Chief Appellate Attorney in 2008. Prior to joining the Office, Mr. Torrance clerked for the Honorable Jed S. Rakoff of the U.S. District Court in the Southern District of New York from 2000 to 2001, and for the Honorable Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. He is a 1995 graduate of Harvard College and a 2000 graduate of Columbia Law School.
In making these appointments, Mr. Bharara stated: “These four talented and dedicated public servants have already made valuable contributions to this Office and to the residents of the Southern District, and I have no doubt they will continue to do so in their new positions.”
Man Sentenced for Making Threatening CommunicationsRead the Press Release
A man who made hundreds of harassing and threatening phone calls, emails, and other communications to Allamakee County, Iowa, judges, law enforcement officers, court employees, and others, was sentenced in federal court in Cedar Rapids on Tuesday, April 16, 2013.
Kenneth Haag, age 27, from Lansing, Iowa, was sentenced to serve 33 months in federal prison after having pleaded guilty on January 25, 2013, to one count of threatening, via an interstate telephone call, to injure another person.
Haag was sentenced in federal court in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Haag was also ordered to serve a three-year term of supervised release following completion of his term of imprisonment. While on supervised release, Haag will be prohibited from consuming alcohol or entering bars, taverns, or other establishments whose primary source of income is derived from the sale of alcohol. Haag will also be required to participate in mental health counseling or treatment; complete a program of substance abuse testing and treatment; and not have any direct or indirect contact with the victims of his criminal conduct.
In sentencing Haag, Judge Reade noted the threats he made were “particularly frightening” and not simply a “nuisance.” The court noted Haag sent hundreds of communications, and the communications were “very goal-directed” in that Haag was seeking redress for what he perceived to be prior wrongful criminal convictions. Evidence presented at the hearing showed many of the communications made by Haag were directed to judges, law enforcement officers, or to the victim involved in a 2004 Allamakee County criminal case against Haag that resulted in Haag pleading guilty to the crimes of criminal trespass and assault on a peace officer.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, and the Allamakee County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-1001.
Lisbon Man Sentenced to over Five Years in Prison for Unlawfully Possessing over Thirty Firearms and Three Pipe BombsRead the Press Release
A man who unlawfully possessed over thirty firearms and three pipe bombs while using methamphetamine was sentenced on April 16, 2013, to more than five years in federal prison.
Mark Snyder, 53, from Lisbon, Iowa, received the prison term after a January 4, 2013, guilty plea to one count of possessing firearms while unlawfully using methamphetamine.
At the guilty plea, Snyder admitted that, on about May 2, 2011, he possessed thirty-three firearms, over 150 rounds of ammunition, and three pipe bombs. Snyder also admitted that he was an unlawful user of methamphetamine at the time he possessed these items.
Snyder was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Snyder was sentenced to 71 months’ imprisonment and fined $10,000. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.Snyder is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Cedar County Sheriff’s Office, the Iowa Division of Narcotics Enforcement, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-97.
Lafayette Man Pleads Guilty to Receiving Child PornographyRead the Press Release
LAFAYETTE, La. – U.S. Attorney Stephanie A. Finley announced today that Mark Anthony Slade, 55, of Lafayette, pleaded guilty Tuesday before U. S. District Judge Elizabeth E. Foote to knowingly receiving child pornography on his computer.
According to court documents, local and federal law enforcement authorities using computer surveillance software detected the defendant downloading child pornography. He used the internet file sharing program Limewire to download the files. After obtaining a warrant, authorities searched his residence Oct. 29, 2010, and seized the defendant’s computer. Slade was found to have downloaded 10 movies of child pornography. Some of the pornography depicted prepubescent children.
Slade faces up to 20 years in prison, a $250,000 fine, and five years of supervised release. Sentencing has been set for Sept. 13, 2013. The Lafayette Police Department and the Department of Homeland Security conducted the investigation. Assistant U.S. Attorneys John Luke Walker and Daniel J. McCoy are prosecuting the case.This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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 U.S. Attorney’s Office and the U.S. Department of Homeland Security/Homeland Security Investigations/Immigration & Customs Enforcement (ICE)
encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) DHS-2ICE. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online at www.ice.gov/exec/forms/hsi-tips/tips.asp.Justice Department Settles with Apple Tree Children’s Center in Norwalk, IowaRead the Press Release
The Justice Department announced today that it reached a settlement with Apple Tree Children’s Center of Norwalk, Iowa, to remedy alleged violations of the Americans with Disabilities Act (ADA). The agreement resolves allegations that Apple Tree Children’s Center failed to ensure that children with disabilities, including children with Down syndrome, have a full and equal opportunity to participate in and benefit from its private pre-school programs.
Under the settlement agreement, Apple Tree Children’s Center will pay $2,500 to the child’s parents and will make reasonable modifications in policies, practices and procedures to ensure that its programs and services are accessible to children with disabilities. Apple Tree will also provide training on its obligations under Title III of the ADA to all staff who participate in the admissions process, enrollment decisions and consideration of requests for reasonable modifications of any of its policies, practices or procedures. In addition, Apple Tree will designate a staff member as its ADA compliance officer to ensure its compliance with Title III of the ADA and to review proposed decisions to exclude children with disabilities from enrollment or proposed denials of any requested reasonable modifications.
“Children with disabilities, including those with Down syndrome, have the right to full and equal participation in pre-school educational programs. The department is committed to upholding civil rights for all people with disabilities,” said Eve Hill, Senior Counselor to the Assistant Attorney General for the Civil Rights Division.
The ADA requires that public accommodations, including pre-school programs, provide children with disabilities, including those with Down syndrome, full and equal enjoyment of the public accommodation’s goods, services and facilities.
The Department of Justice provides a webpage specifically dedicated to information about the ADA at www.ada.gov. Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TTY), or access its ADA website at www.ada.gov. ADA complaints may be filed by email to [email protected].
Justice Department Settles Lawsuit Against Owners and Managers of Rental Homes in Mississippi for Discriminating Against Families with ChildrenRead the Press Release
The Justice Department announced today that Marcus Manly Magee III, Ina Magee, and their company, M.M. and S. Inc., have agreed to pay $27,000 to settle a lawsuit involving violations of the Fair Housing Act. The lawsuit alleged that the defendants established and implemented an occupancy policy at 23 rental properties in Magee, Miss., that differentiated between the maximum number of adults and children who could reside in each home.
Under the consent order, which was approved today by the U.S. District Court for the Southern District of Mississippi, the defendants must pay $20,000 to a family that was harmed by defendants’ discriminatory practices and $7,000 to the United States as a civil penalty. In addition, the order prohibits the defendants from discriminating against families with children in the future, mandates a non-discriminatory occupancy policy of two persons per bedroom, and requires the defendants to receive training on the Fair Housing Act.
“The Fair Housing Act ensures that families cannot be denied housing based on policies that discriminate against children,” said Eric Halperin, Special Counsel for Fair Lending in the Civil Rights Division. “The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of families with children.”
“This settlement ensures that prospective families seeking housing will be treated fairly under the law,” said Gregory K. Davis, U.S. Attorney for the Southern District of Mississippi. “We will continue to work with the Civil Rights Division to protect the rights of Mississippi citizens through enforcement of the Fair Housing Act.”
The lawsuit, filed in November 2011, arose as a result of a complaint filed with the U.S. Department of Housing and Urban Development (HUD). After HUD investigated the complaint, it issued a charge of discrimination and the matter was referred to the Justice Department. The lawsuit alleged that the defendants violated the Fair Housing Act by refusing to rent a three-bedroom home to a woman with four children because she had “too many children” under the defendants’ occupancy policy. The suit also alleged that by setting a lower maximum number of children than adults who could reside in each home, the defendants engaged in a pattern or practice of discrimination or denied rights protected by the Fair Housing Act to a group of persons.
“Housing providers have an obligation to ensure that their occupancy standards do not violate a family’s housing rights,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “HUD and the Department of Justice are committed to taking action against anyone who unlawfully denies housing to families because of the number of children in their family.”
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact HUD at 1-800-669-9777.
Related Materials:
Magee Consent Order
Justice Department Files Lawsuit in Illinois Against County Employees’ and Officers’ Annuity and Benefit Fund of Cook County and Cook County to Enforce the Employment Rights of Army Reserve MemberRead the Press Release
The Justice Department announced today the filing of a complaint alleging that the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County and Cook County willfully violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by failing to allow U.S. Army Reserve Member Latoya Hayward to lawfully contribute to her pension for the time she was serving in the armed forces.
According to the complaint, filed in the U.S. District Court for the Northern District of Illinois, in 2008 Hayward began working for John H. Stroger Jr. Hospital, which is owned and operated by Cook County. During her employment with Stroger Hospital, Hayward was mobilized for a two year tour of duty with the Army Reserves starting on July 27, 2009. During Hayward’s period of active service, she served as a nurse case manager at Walter Reed Hospital as part of the Warrior Transition Brigade. As alleged in the complaint, upon Hayward’s return from duty, the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County notified her not only that she was ineligible to make payments into her pension for the 90-day grace period following her active military service, but also that her employee contributions for the two-year period of her active military service would be subject to a 3 percent interest fee. Among the protections provided by USERRA are pension-related provisions that treat a servicemember who is called to active duty as if she has had no break in service for purpose of the administration of pension benefits. According to Hayward’s complaint, both of the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County’s requirements for her participation in her employer’s pension plan violated USERRA’s pension protection provisions.
“Congress enacted USERRA to protect our men and women in uniform from experiencing this kind of injustice,” said Jocelyn Samuels, Principal Deputy Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to vigorously enforcing federal laws that protect the employment rights of our service members.”
“Members of the Army Reserves sacrifice time away from their jobs to serve their country,” said Gary S. Shapiro, U.S. Attorney for the Northern District of Illinois. “USERRA ensures that they are not discriminated against after they have returned and that their employment rights are protected.”
The case stems from a referral by the U.S. Department of Labor following an investigation by the Department of Labor’s Veterans’ Employment and Training Service. This case is being handled by the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Illinois, who work collaboratively with the Department of Labor to protect the jobs and benefits of National Guard and Reserve service members upon their return to civilian life.
Additional information about USERRA can be found on the Justice Department website: www.servicemembers.gov and www.usdoj.gov/crt/emp , as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm .
Johnstown Man Produced Sexually Explicit Images of ChildrenRead the Press Release
JOHNSTOWN, Pa. - A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of producing child pornography, United States Attorney David J. Hickton announced today.
Stephen J. Goniea, 47, pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that from 2008 to August 2011, Goniea produced visual depictions of a minor engaged in sexually explicit conduct using materials that had been mailed, shipped or transported in interstate or foreign commerce.
Judge Gibson scheduled sentencing for Sept. 3, 2013, at 9:30 a.m. The law provides for a total sentence of 30 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Southwest Computer Crime Task Force of the Pennsylvania State Police conducted the investigation that led to the prosecution of Goniea.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Husband and Wife Bank Robbers Sentenced to Federal PrisonRead the Press Release
A husband and wife have been sentenced to federal prison April 17, 2013, for their roles in a bank robbing conspiracy that included four banks.
Jeffrey Alan Schoon, age 48, of Pocahontas, Iowa, received his prison term after a December 20, 2012, guilty plea; and Roxena Lee Schoon, age 40, formerly of Wall Lake, Iowa, received her prison term after a December 13, 2012, guilty plea. Jeffrey Schoon pled guilty to one count of conspiracy to commit bank robberies, one count of Possession of a Firearm in Furtherance of a Crime of “Violence, and four counts of Bank Robbery. Roxena Lee Schoon pled guilty to one count of conspiracy to commit bank robberies.
Information presented by the United States at their change of plea, and sentencing hearings revealed that during the conspiracy, Roxena Lee Schoon along with her husband Jeffrey Alan Schoon surveilled and robbed four banks that were each within 20 miles of their Wall Lake, Iowa home.
On or about December 29, 2011, they robbed the Iowa State Bank in Odebolt, Iowa. On or about January 11, 2012, they robbed the Citizens 1st National Bank in Early, Iowa. On or about January 28, 2012, they robbed the Westside State Bank in Vail, Iowa. On or about March 23, 2012, they robbed the Heritage Bank in Lytton, Iowa. Jeffrey Schoon actually entered each bank, while Roxena waited outside as the getaway driver.
In furtherance of their conspiracy to commit bank robbery the couple possessed a .38 revolver and ammunition for the firearm. During the conspiracy defendant Roxena Lee Schoon and Jeffery Alan Schoon also appeared to possess a Molotov Cocktail during the Vail robbery, and a second handgun during the Odebolt robbery. These weapons, if they existed, were never recovered.On or about March 29, 2012 law enforcement executed a search warrant at the couples home and discovered a blue bag, gloves, a hoodie, masks, sunglasses, and blue jeans consistent with those used in the robberies, a $20.00 bill from one of the victim banks, a .22 caliber rifle, a .38 revolver and ammunition for the firearms.
Jeffrey Schoon and Roxena Schoon were sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Jeffrey Schoon was sentenced to 180 months’ imprisonment and Roxena Schoon was sentenced to 60 months’ imprisonment. Jeffrey was ordered to pay a $600 special assessment, and Roxena was ordered to pay a $100 special assessment. Jeffrey and Roxena were ordered to make $32,825 in restitution. Jeffrey must also serve a five-year term of supervised release after prison. Roxena must also serve a three-year term of supervised after prison. There is no parole in the federal system.
Both are being held in the United States Marshal’s custody until they can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4070.
The case was investigated by special agents and analysts of the United States Department of Justice’s Federal Bureau of Investigation and Bureau of Alcohol, Tobacco, Firearms, and Explosives; special agents, analysts, and Troopers of the Iowa Department of Public Safety; the Sheriffs and deputies of the Carroll, Crawford, Pocahontas, and Sac County Sheriffs’ Offices, officers of the Denison and Storm Lake Police Departments, members of the Iowa Law Enforcement Intelligence Network, and the Sac and Crawford County Attorney’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Hazleton Man Sentenced for Bank RobberyRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that Senior United States District Court Judge Edwin M. Kosik today sentenced Kevin Andre Parks, age 41, of Hazleton, Pennsylvania, to 60 months’ imprisonment for the September 7, 2012, robbery of the First National Community Bank, located at 340 West Broad Street, Hazleton, Pennsylvania.
According to United States Attorney Peter J. Smith, in robbing the bank, Parks stated to one of the tellers "Give me all your cash, I have a gun” and then patted his right pants pocket. Thereafter, Parks fled to Scranton where he was arrested and found in possession of $3,199 in bank robbery proceeds. Parks did not possess a weapon at the time of his arrest.In addition to the 60-month term of imprisonment, Judge Kosik also ordered that Parks be placed on supervised release for a period of three years following the service of his sentence.
The case was investigated by special agents of the Federal Bureau of Investigation, Scranton Police Department, and the Hazleton Police Department. Assistant United States Attorney John Gurganus prosecuted the case.
Grand Jury for the District of NebraskaRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 36 indictments charging 31 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Isael Ambrosio-Gonon, is charged with illegal reentry into the United States on or about April 7, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Jonathan W. Arrington, age 44, Michael B. Kratville, age 52, and Michael J. Welke, age 38, all of Omaha are charged in a 14-count indictment. Arrington, Kratville, and Welke are charged in Count I with conspiracy in that beginning on or about July, 2005, and continuing to on or about December 31, 2008, the defendants devised a scheme to defraud prospective investors in the Elite Aggressive Growth Group and Elite Index Investment Group (Elite) and NIC Investment Programs causing approximately $4 million in losses. The defendants utilized the United States mail and wire communications for the purpose of executing said scheme. The maximum penalty for each defendant for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Counts II through VII allege that on various dates beginning on or about December 6, 2006, and continuing through on or about May 20, 2007, respectively, Arrington, Kratville, and Welke utilized the United States Postal Service to send mail for the purposes of executing the scheme to defraud the prospective investors. The maximum penalty for each defendant for each count includes imprisonment of 20 years, a $250,000 fine, 5 years of supervised release, and a $100 special assessment. Counts VIII through XIV charge that on various dates beginning on or about November 2, 2005, and continuing through on or about December 29, 2008, respectively, Arrington, Kratville, and Welke transmitted via wire and radio communications electronic bank wires and e-mails for the purpose of executing the scheme to defraud the prospective investors. The maximum penalty for each defendant for each count includes imprisonment of 20 years, a $250,000 fine, 5 years of supervised release, and a $100 special assessment.
* Arnoldo Barrios-Ramirez, age 34, of Kansas City, Kansas, is charged with illegal reentry into the United States on or about March 28, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Danny Junior Bravo, age 33, and Leticia Angela Desman, age 27, both of Stockton, California, are charged in a two count indictment. Count I alleges that beginning on or about October, 2010, and continuing to on or about April 2, 2013, the defendants conspired together and with others to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine. The maximum possible penalty includes imprisonment of not less than 10 years and up to life, a $10 million fine, a 5 year term of supervised release, and a $100 special assessment. Count II alleges that on or about April 2, 2013, the defendants possessed with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release, and a $100 special assessment.
* Larry D. Carter, age 34, of Omaha, who was previously convicted of possession with intent to deliver a controlled substance, a felony, is charged with being in possession of a firearm, to wit: an S&W Sigma 9mm, on or about November 10, 2012. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Juan Trejo Castillo, age 40, is charged with illegal reentry into the United States on or about April 10, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Newton G. Dale, age 26, of Walthill, Nebraska, is charged with statutory rape in Indian Country on or about dates unknown between June 1, 2011, and August 31, 2011. The maximum possible penalty for this count includes imprisonment of 15 years, a fine of $250,000, a term of supervised release for life, and a $100 special assessment.
* Alejandro Flores-Ramirez, age 37, of Omaha, is charged with illegal reentry into the United States on or about March 13, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Richard A. Franco, age 25, of Lincoln, is charged in a one-count indictment. Franco, an employee of the United States Postal Service, is charged with theft of mail which came into his possession and was intended to be delivered by the United States mail from on or about November 24, 2012, and continuing through on or about January 8, 2013. The maximum penalty includes imprisonment of 5 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment.
* Francisco Gaytan-Leal, age 31, of Omaha is charged in a two-count Indictment. Count I of the Indictment charges Gaytan-Leal with illegal reentry into the United States on or about April 11, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment. Count II alleges Gaytan-Leal falsely claimed United States Citizenship on or about April 11, 2013. If convicted the maximum possible penalty includes 3 years imprisonment, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Francisco Genchi-Osuna, age 28, of Omaha, is charged with illegal reentry into the United States on or about April 7, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Francisco Gonzalez-Dominguez, age 34, of Omaha, is charged with illegal reentry into the United States on or about April 10, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* MacAnthony Gordon, age 27, of Omaha, who was previously convicted of possession of a defaced firearm, a felony, is charged with being in possession of a firearm, to wit: a Bersa Thunder .380 semi-automatic pistol, on or about January 25, 2013. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* James B. Haugh, age 56, of Grand Island, Nebraska, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about January 3, 2009, and continuing to on or about December 28, 2012. If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment. Haugh is charged in Count II with possession of child pornography on or about December 28, 2012. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment. The indictment also alleges property used or intended to be used as part of this violation should be forfeited to the United States.
* Rogelio Hernandez-Yepez, age 34, of Gibbon, Nebraska, is charged with illegal reentry into the United States on or about April 6, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Ward L. Hunnel, age 44, of York, Nebraska is charged in a five-count indictment. Count 1 charges that on or about November 14, 2011, Hunnel transported an adult mule deer from Nebraska to Kansas without having a valid license to hunt in Nebraska. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Counts 2 and 3 allege that on or about November 14, 2011, and on or about November 21, 2011, respectively, Hunnel transported adult mule deer and adult white tail deer from Nebraska to Kansas without having a valid license to hunt in Nebraska. The maximum possible penalty for each of these counts include imprisonment of 1 year, a $100,000 fine, 1 year of supervised release, and a $100 special assessment. Counts 4 and 5 charge that between on or about November 12, 2011, through on or about November 20, 2011, and on or about November 15, 2012, respectively, Hunnel was a felon in possession of firearms. The maximum possible penalty for each of these counts include imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Michael C. Huyek, age 35, of Lincoln, is charged with being a felon in possession of a firearm on or about April 9, 2013. The maximum penalty for this count includes imprisonment of 10 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.
* Patrick John Keenan, age 32, of Omaha, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about August 17, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges that any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment, including but not limited to $846.00 in United States currency seized from the defendant’s wallet on August 17, 2012, should be forfeited to the United States.
* Saul Leal-Armenta, age 44, of Omaha, is charged with illegal reentry into the United States on or about March 22, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Dennis Lewis, age 42, of Tulsa, Oklahoma, is charged in a two-count indictment. Count I charges Lewis with the sexual exploitation of a juvenile between approximately March 25, 2013, and April 10, 2013. The maximum possible penalty on this count is not less than 15 years and up to 30 years in prison, a fine of $250,000, a term of supervised release for life, and a $100 special assessment. Count II charges Lewis with transportation of a minor with intent to engage in criminal sexual activity beginning on or about April 10, 2013. The maximum possible penalty on this count is not less than 10 years and up to life in prison, a fine of $250,000, a term of supervised release for life, and a $100 special assessment.
* Antonio Lucero-Reyes, age 49, of Omaha, is charged with illegal reentry into the United States on or about March 13, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Maurilio Maravilla-Manzo, age 38, of Bellevue, Nebraska, is charged with illegal reentry into the United States on or about April 8, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Andres Mateo-Francisco, age 35, is charged with illegal reentry into the United States on or about January 13, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Antonio Mejia-Cruz, age 26, of Omaha, is charged with illegal reentry into the United States on or about April 7, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Israel Dewayne Mileage, age 21, of Lincoln, is charged in a two count indictment. Count I alleges that on or about April 10, 2013, the defendant possessed with intent to distribute 28 grams or more of a mixture or substance containing a detectable amount of cocaine base. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about April 10, 2013, the defendant possessed a Hi-Point Model JMP, .45 caliber pistol during, in relation to, and in furtherance of the drug trafficking offense alleged in Count I. The maximum possible penalty includes imprisonment of not less than 5 years and up to life to be served consecutive to any other sentence imposed, a $250,000 fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Count I of the indictment, including but not limited to $209.00 in United States currency should be forfeited to the United States.
* Michael L. Nguyen, age 26, of Lincoln, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about January 17, 2013, and continuing to on or about March 22, 2013. If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment. Nguyen is charged in Count II with possession of child pornography on or about March 22, 2013. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Carlos Felipe Niz-Rodriguez, age 23, and Estanislado Diaz-Vargas, also known as Tanilo Diaz-Vargas, age 34, both of Omaha, are charged in a six-count indictment. Count I charges Diaz-Vargas with illegal reentry into the United States on or about March 26, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment. In Count II, Niz-Rodriguez is charged with possession of over five false identification documents, beginning on or about December 12, 2012, and up to and including March 26, 2013. The maximum penalty for this count includes imprisonment of 15 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Counts III and IV allege that on or about December 12, 2012, and on or about February 20, 2013, respectively, Niz-Rodriguez and Diaz-Vargas produced false a Social Security Card and a false Permanent Resident Card. The maximum penalty for each of these counts include imprisonment of 15 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment. Count V charges that on or about February 20, 2013, Niz-Rodriguez and Diaz-Vargas were in possession of stolen a Social Security Card and a Permanent Resident Card. The maximum penalty for this count includes imprisonment of 15 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment. Count VI of the Indictment charges that on or about February 20, 2013, Niz-Rodriguez and Diaz-Vargas possessed a false Permanent Resident Card. The maximum penalty for this count includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Daniel T. Ray, age 20, of Omaha, is charged in a two count indictment. Count I alleges that on or about April 6, 2013, the defendant possessed with intent to distribute 5 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about April 6, 2013, the defendant possessed a Forjas Taurus Falcon .38 caliber revolver during, in relation to, and in furtherance of the drug trafficking offense alleged in Count I. The maximum possible penalty includes imprisonment of not less than 5 years and up to life to be served consecutive to any other sentence imposed, a $250,000 fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violations alleged in the indictment, including but not limited to $690.85 in United States currency seized from the defendant on April 6, 2013, should be forfeited to the United States.
* Agustin Reyes, age 21, of West Point, Nebraska, who was previously convicted of theft by receiving stolen property, a felony, is charged with being in possession of a firearm, to wit: a Jennings firearm, Model J22, .22 caliber pistol on or about February 18, 2013. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Reyes Rivas-Giron, age 40, of Lexington, Nebraska, is charged with illegal reentry into the United States on or about March 17, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* April L. Rolenc, age 35, is charged in a four count indictment. Counts I, II, and III allege that on or about February 23 and 27, 2012, the defendant distributed a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty for each count includes imprisonment of up to 20 years, a $1 million fine, a 5 year term of supervised release and a $100 special assessment. Count IV alleges that on or about April 8, 2013, the defendant possessed with intent to distribute 5 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violations alleged in Counts I, II, and III, including but not limited to $15,707.00 in United States currency seized from the defendant on April 8, 2013, should be forfeited to the United States.
* Armando De Jesus Romero-Lopez, age 36, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about April 6, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Samuel Sanchez-Mendoza, also known as, Charles Reyna-Rosas, also known as Javier Reyes-Campos, age 36, is charged in a two count indictment. Count I alleges that on or about March 19, 2013, the defendant was in possession of a firearm, to wit: a SAIGA-12 semiautomatic shotgun, knowing or having reasonable cause to believe that the firearm was stolen. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count II alleges that on or about March 19, 2013, the defendant, an alien illegally and unlawfully in the United States, was in possession of a firearm, to wit: a Huldra Mark IV rifle. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Carlos Solorio-Enriquez, age 34, of Omaha, is charged with illegal reentry into the United States on or about March 22, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Joseph Townsend, age 20, and Zachary Overman, age 21, both of Bellevue, are charged in Count I with being in possession of a firearm, to wit: a Beretta Model A-302 12-gauge shotgun on or about March 28, 2013, after having each been convicted of a felony. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count II alleges that on or about April 8, 2013, the defendants were in possession of a second firearm, to wit: a Mossberg 500A 12-gauge shotgun, after having each been convicted of a felony. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Sidney G. Weaver, Jr., age 53, of Omaha, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about January 28, 2013. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.Georgia Man Admits Mailing More Threatening Letters to Espn EmployeesRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, announced that EVAN P. CHAGGARIS, 42, of Atlanta, Ga., waived his right to indictment and pleaded guilty today before United States District Judge Robert N. Chatigny in Hartford to mailing numerous threatening communications to ESPN in Bristol, Conn.
According to court documents and statements made in court, between September 2011 and June 2012, CHAGGARIS mailed approximately 24 handwritten letters to ESPN. All of the letters contained threats to injure or kill certain ESPN personalities.
CHAGGARIS was previously prosecuted in the District of Connecticut for the same offense. In 2004, he mailed 31 threatening letters to ESPN in which he threatened to injure and kill ESPN personalities, and also made six threatening phone calls to one ESPN personality. CHAGGARIS pleaded guilty and, on May 8, 2006, he was sentenced to five years of probation. His term of probation concluded on May 8, 2011.
CHAGGARIS was arrested on a criminal complaint on September 21, 2012, in Atlanta.
Judge Chatigny has scheduled sentencing for July 10, 2013, at which time CHAGGARIS faces a maximum term of imprisonment of five years.
This matter has been investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorneys Paul H. McConnell and Sarala V. Nagala.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Gambino Family Administration Member Convicted of Racketeering Conspiracy Involving Two MurdersRead the Press Release
Following a five-week trial, a federal jury in Brooklyn today found Bartolomeo Vernace, a member of the administration of the Gambino organized crime family of La Cosa Nostra (the “Gambino family”), guilty of a racketeering conspiracy spanning 1978 through 2011. As part of the racketeering conspiracy, the jury found that Vernace participated in all nine racketeering acts alleged in the indictment, including the 1981 double homicide of Richard Godkin and John D’Agnese, heroin trafficking, robbery, loansharking, and illegal gambling.
The verdict was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George C. Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
The evidence at trial established that Vernace, also known as “Bobby Glasses,” “Pepe,” and “John Canova,” had a long career in the mafia beginning in the early 1970s and culminating in his induction and rise to become a powerful Gambino family captain who served on the three-member ruling panel overseeing the family that was established in 2008. Vernace was arrested on January 20, 2011, as part of a national sweep of almost 100 members and associates of organized crime led by the U.S. Department of Justice and Federal Bureau of Investigation.
Among the crimes he committed for the mafia, Vernace, together with two Gambino associates, murdered Richard Godkin and John D’Agnese in the Shamrock Bar in the Woodhaven neighborhood of Queens on April 11, 1981, after a dispute arose between a Gambino family associate and others in the bar over a spilled drink. The associate left the bar and picked up Vernace and a third accomplice at a nearby social club. A short time later, the three men entered the bar and gunned down Godkin and D’Agnese – the owners of the bar – as the bar’s patrons fled for cover.
In the weeks after the murders, Vernace went into hiding while one of his close associates, Ronald “Ronnie One-Arm” Trucchio, a rising star in the Gambino family who would later become a powerful captain, sought to question witnesses from the Shamrock Bar that night, placing those witnesses in fear. While in hiding, Vernace was indicted under the alias “Pepe” in the Southern District of New York on heroin trafficking charges. Years later, Vernace, who had avoided state charges for the murders and who had never been identified in connection with the heroin trafficking indictment, returned to Queens and to an active role in the Gambino family. Over the next two decades, his power within the mafia grew, as he became actively involved in robbery, loansharking, and gambling, while operating a large and profitable crew from a café on Cooper Avenue in the Glendale neighborhood of Queens.
In 1998, Vernace was charged in Queens County Supreme Court with the Godkin and D’Agnese murders, but was acquitted after trial in 2002. During testimony from the first week of the federal trial, an eyewitness to the murders testified that he had lied during the state trial about Vernace’s role in the murders due to fear of retribution. In the federal case, the eyewitness testified he recognized all three assailants but that had been afraid to testify against them because, in his words, “two men were dead over a spilled drink. I think that was reason enough to be afraid.” The eyewitness further described how, moments before the murders, he saw Vernace pointing a gun at Godkin’s head and taunting him, and that he saw one of Vernace’s accomplices threatening D’Agnese with a gun. According to the medical examiner, Godkin was killed by a gunshot to the chest fired from point-blank range, and D’Agnese died from a gunshot to the face.
In addition to the Godkin and D’Agnese murders, the jury found the other seven racketeering acts proved, including heroin trafficking, robbery, loansharking, and gambling, and found the defendant guilty of separate firearms and illegal gambling charges as well.
“Organized crime has been depicted by Hollywood as a group of criminals with honor. This case shows what organized crime is really all about - murder, mayhem, and making money off of the weaknesses and addictions of others. Today’s racketeering conspiracy conviction of a powerful Gambino family leader demonstrates, yet again, this Office’s unwavering commitment to holding individuals who choose a life of organized crime accountable, regardless of the age of their crimes,” stated United States Attorney Lynch. “The defendant spent the last forty years pursuing a career of crime, including the vicious double murder, as well as traditional mafia rackets. With this verdict, Vernace has finally been brought to justice and will be held to account for the destruction and pain he has inflicted on his victims and their families. We sincerely hope that today’s verdict helps bring a measure of closure for the families of Vernace’s murder victims, for whom justice has too long been denied.” Ms. Lynch expressed her grateful appreciation to the Federal Bureau of Investigation, the agency responsible for leading the government’s investigation, and to the United States Marshals Service for its assistance during trial.
FBI Assistant Director-in-Charge Venizelos stated, “The thirty-two years since Vernace took part in the ruthless double murder of two good men represent half his lifetime. They have not been years spent atoning for those murders. It has been time spent living the life of a mob soldier, capo, and overseer – half a lifetime committing and directing crimes for the Gambino crime family. We expect that Vernace’s remaining years will be spent behind bars where he belongs. There is no expiration date on the FBI’s resolve to see justice done.”
When sentenced by United States District Judge Sandra L. Townes, Bartolomeo Vernace faces a sentence of up to life imprisonment.
The government’s case was prosecuted by Assistant United States Attorneys Evan M. Norris, Amir H. Toossi, and M. Kristin Mace.
The Defendant:
BARTOLOMEO VERNACE
Age: 64Fugitive Caught After Nearly Two Decades on the RunRead the Press Release
Defendant Refused to Surrender for Service of Sentence
ATLANTA - Bandele Adekunle Adeneye has been indicted by a federal grand jury on charges of escape and bail jumping for failing to report to prison seventeen years ago.
“Those who flee to avoid serving their sentence should understand that they will be found and brought to justice,” said United States Attorney Sally Quillian Yates.“This arrest should send a message to all federal fugitives that the United States Marshals Service never stops looking for you regardless of how long you have been on the run,” said Beverly Harvard, United States Marshal for the Northern District of Georgia.
According to United States Attorney Yates, the charges and other information presented in court: The United States Postal Service arrested Adeneye in 1994 for theft and possession of stolen mail in the Northern District of Georgia. Adeneye pleaded guilty to the unlawful possession of stolen mailbox keys, was sentenced to serve two years in federal prison, and ordered to pay more than $89,000 in restitution to the victims of his crimes.
In September 1995, Adeneye disregarded the court’s direction to either turn himself in to the U.S. Marshals in Atlanta, Ga., or to report to the Federal Correctional Institution in Tallahassee, Fla. Instead he fled, avoiding custody for nearly two decades.
Adeneye, a 45-year-old foreign-born national, avoided capture for 17 years after he fled Georgia by assuming a new identity and relocating to a different part of the United States. He remained a fugitive until several Deputy U.S. Marshals conducted an intensive investigation, reviewing and re-analyzing every known aspect of Adeneye’s life. Their careful work led them to someone who they believed to be Adeneye living in Reynoldsburg, Ohio, under a fictitious name. Once the Deputy U.S. Marshals positively identified this person was Adeneye, they requested assistance from the Southern Ohio Fugitive Apprehension Strike Team (SOFAST) who arrested Adeneye within 48 hours.
The indictment charges Adeneye with escape and bail jumping. The charges carry a maximum sentence of 10 years in prison and a fine of up to $500,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
This case is being investigated by the United States Marshals Service.
Assistant United States Attorney William R. Toliver and Special Assistant United States Attorney Uchenna Ekuma-Nkama are prosecuting the case.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
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.
Franklin County Home Builder Indicted on Federal Tax ChargesRead the Press Release
St. Louis, MO - Lucinda Franek was indicted on charges of failure to pay employment taxes for the years 2008 and 2009, and failing to pay income tax for 2006-2008.
According to the indictment, Lucinda Franek was the President of Rick Franek Contracting, Inc. (RFCI), a custom home building business in Beaufort, Missouri. She and her husband operated RFCI, with Lucinda Franek being responsible for the financial aspects, including payroll duties, and ensuring that the payroll taxes were timely filed and paid to the IRS. She withheld taxes from employees’ paychecks, including federal income taxes, medicare and social security. The indictment alleges that RFCI failed to pay $123,659 in payroll taxes for five calendar quarters in 2008 and 2009. Additionally, the indictment states that during years 2006, 2007 and 2008, Lucinda Franek failed to pay income taxes of approximately $53,601.
"Business owners have a responsibility to withhold income taxes for employees and remit those taxes to the Internal Revenue Service," said Sybil Smith, Special Agent in Charge of IRS Criminal Investigation in St. Louis. "We are committed to pursuing those who attempt to violate the employment tax laws."
LUCINDA FRANEK, Beaufort, MO, was indicted by a federal grand jury on five felony counts of failure to collect and pay over employment tax; and three felony counts of failure to pay income tax. She appeared in federal court earlier today in St. Louis.
If convicted, each count carries a maximum penalty of five years in 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 IRS Criminal Investigation. Assistant United States Attorney Anthony Franks 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.
Former Pontiac Schools Associate Superintendent and Chief Financial Officer Sentenced to 12 Months in Federal PrisonRead the Press Release
A former Associate Superintendent and Acting CFO of Pontiac Schools was sentenced today to 12 months in federal prison followed by one year home confinement, three years of supervised release and ordered to pay restitution to Pontiac Schools in the amount of $336,000 after having been convicted of one count of defrauding a program receiving federal funding, announced United States Attorney Barbara McQuade.
McQuade was joined in the announcement by Special Agent in Charge Robert D. Foley, III, Federal Bureau of Investigation.Jumanne Sledge, 41, was sentenced by U.S. District Judge Denise Page Hood in Detroit, Michigan.
In February, 2010, Sledge directed a subordinate at Pontiac Schools to issue a check payable to his “International Leadership Academy” in the amount of $236,000.00. Sledge cashed the check and deposited it into his bank account. When later asked for an invoice and purchase order, Sledge created a false invoice to make it appear a payment for a legitimate service. Sledge used the money to finance luxury vehicles, travel and other personal items.
"Among all of the corruption defendants we charge, school officials who steal money are particularly culpable because they are robbing children of their education," McQuade said.
This case was investigated by the FBI and the U.S. Department of Education, Office of Inspector General.
AUSA J. Michael Buckley investigated and prosecuted the case for the United States.
Former Edwardsville Police Chief Pleads Guilty in Theft and EmbezzlementRead the Press Release
James S. Bedell, 58, of Edwardsville, Illinois, the former Police Chief from that city, pled guilty to an Information charging four counts of Embezzlement and Theft from the City of Edwardsville - a local government that received federal funds for the calendar years 2009, 2010, 2011 and 2012, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. The offenses each carry a statutory maximum sentence of up to ten years in prison, a fine of up to $250,000, and mandatory restitution. Sentencing is scheduled for August 2, 2013.
“I am disgusted and saddened when called upon to prosecute someone who had sworn to uphold the law. By far and away, most police officers are above reproach. They are the constant guardians of our very freedom. Unfortunately, individuals sometimes succumb to their greed, stealing from those they have vowed to protect and serve. In instances like that, I will not hesitate to bring full and thorough prosecutions.” said United States Attorney Wigginton. “Police officers are held to a higher standard. While most exceed that standard, day in and day out, often the few who do not get the most attention.”
As revealed in open Court, Bedell was employed as the Director of Police, and was referred to as the Chief of Police of the City of Edwardsville from approximately 2007 through October 5, 2012. As part of the plea, Bedell admitted that from July of 2009 through September of 2012, while Chief for the City of Edwardsville, he unlawfully removed cash and money orders from a lockbox in the police department that contained vehicle impound fees. The City of Edwardsville charges a $300 fee for vehicles towed as a result of certain enumerated violations. The $300 administrative fee must be paid by cash or money order and the paid administrative fee is revenue to the City which must be properly accounted for. Accordingly such funds received are not for the personal use of an employee of the City of Edwardsville. Bedell admitted as part of the plea that he converted some of the funds to his personal use, generally to support a gambling habit. The United States has indicated that it believes the total loss is approximately $138,000. Bedell is contesting this calculation of the loss amount.
The Information is the result of an investigation conducted by the Federal Bureau of Investigation and the Illinois State Police, with the assistance of the City of Edwardsville. The prosecution is being handled by Assistant U.S. Attorney Norman R. Smith.
Former Declo Man Sentenced for Possessing Sexually Explicit Images of MinorsRead the Press Release
BOISE – David Jay Wheeler, 70, formerly of Declo, Idaho, was sentenced today in United States District Court in Boise to 96 months in prison followed by ten years of supervised release for possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Wheeler to pay $2,219.47 in restitution on behalf of a child victim and forfeit property used to commit the offense.
According to court documents, Wheeler is a former “hands-on” child molester whose sexual attraction to prepubescent females dates back decades. By his own admission, Wheeler used his computer to access online child pornography twice a week over the last ten years. Wheeler used sophisticated means to avoid detection, but investigators were able to locate him by using GPS technology, according to court documents.
A search warrant executed at Wheeler's home in Declo resulted in the seizure of a computer and computer storage media that contained sexually explicit images and videos of minors as young as four years of age. According to court records, Wheeler was sitting at his computer and was in the process of downloading child pornography videos at the time the investigators executed the search warrant.
The National Center for Missing and Exploited Children reviewed the child pornography seized from Wheeler and reported that the material had been produced depicting child sexual abuse victims from Idaho, Washington, Montana, Colorado, North Carolina, Pennsylvania, Texas, Nevada, Hawaii, California, Illinois, Delaware, Georgia, Florida, New Hampshire, New Jersey, Netherlands, France, United Kingdom, Belgium, Italy, Germany, Ukraine, Canada, Denmark, Sweden, Germany, Norway, Austria, and Brazil.
The case was investigated by officers from the Boise Police Department, assisted by agents and investigators from the Idaho Attorney General's Office, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Idaho State Police, and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), all members of the ICAC Task Force.
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/.
Florida Man Sentenced on Conspiracy to Distribute Oxycodone and Conspiracy to Commit Money LaunderingRead the Press Release
CONCORD, N.H. – Basil O. Proctor, 46, of Miramar, Florida, was sentenced in United States District Court for the District of New Hampshire to five years in prison after pleading guilty to one count of conspiracy to distribute oxycodone and one count of conspiracy to launder monetary instruments, announced United States Attorney John P. Kacavas.
In September, 2008, the Massachusetts State Police uncovered information that the defendant was involved in the distribution of oxycodone in Massachusetts and New Hampshire and that he would be arriving in a private jet, which traveled to the Manchester- Boston Regional Airport in Manchester. Upon arrival, the defendant was approached by the Massachusetts State Police and was found to be carrying $314,380.00 in United States currency. The defendant subsequently admitted that he transported oxycodone from Florida to Massachusetts and New Hampshire for distribution.
The Internal Revenue Service conducted a parallel investigation that revealed that the defendant instructed co-conspirators to deposit drug money into nominee accounts in order to hide the illegal drug profits.
The case was prosecuted by Assistant United States Attorney Debra M. Walsh.
Federal Jury Convicts Man for Conspiring to Distribute HeroinRead the Press Release
MINNEAPOLIS—Late yesterday in federal court, a jury found a 29-year-old man guilty of conspiring to distribute approximately 450 grams of heroin. The jury convicted Jose Nunez-Medina, a Mexican national, of one count of conspiracy to distribute heroin and one count of possession with intent to distribute heroin. He was indicted, along with Sarahi Diaz-Estrada, age 23, also a Mexican national, on September 11, 2012.
Trial evidence proved that in August 2012, Nunez-Medina conspired with others to distribute 100 or more grams of heroin. It also proved that on August 11, 2012, Nunez-Medina possessed with intent to distribute 100 or more grams of heroin.
On April 8, 2013, co-defendant Diaz-Estrada pleaded guilty to one count of possession with intent to distribute heroin. In her plea agreement, Diaz-Estrada admitted that in exchange for money, she agreed to drive Nunez-Medina from Indiana to Michigan for the purpose of distributing heroin. But instead, they drove to Minnesota. Diaz-Estrada also admitted that she possessed with intent to distribute 450 grams of heroin.
A law enforcement affidavit filed in the case provided that on August 11, 2012, the Crystal Police Department received information from the Indianapolis Metro Police Department concerning the possible abduction of Diaz-Estrada from her Indiana residence. She was believed to be kept against her will at a Crystal motel. Police proceeded to the motel, determined Diaz-Estrada was there, and knocked on her door.
Both Diaz-Estrada and Nunez-Medina were in the motel room. And after speaking with them, the police obtained and executed a state search warrant for the room as well as for Diaz-Estrada’s Jeep. They found approximately 450 grams of heroin, a scale, balloons, and bags. Both defendants were then arrested on drug-related charges.
For their crimes, the defendants face a potential maximum penalty of 40 years in federal prison on each count. United States District Court Chief Judge Michael J. Davis will determine their sentences at future hearings, yet to be scheduled.
This case was the result of an investigation by the Crystal Police Department and the U.S. Drug Enforcement Administration, with cooperation from the Indianapolis Metro Police Department. It was prosecuted by Assistant U.S. Attorney Richard Newberry.Fayette County Felon Sentenced to More Than 3 Years in Federal Prison for Illegal Firearm PossessionRead the Press Release
Brian Koch struck police dog with barrel of his rifle during arrest; suffers gunshot wound
CHARLESTON, W.Va. –A Fayette County felon who failed to comply with repeated orders to drop a firearm during the execution of a warrant for his arrest in January 2012 was sentenced today to three years and five months in federal prison for illegally possessing a firearm. Brian L. Koch, 31, of Fayette County, W.Va., previously pleaded guilty in February to being a felon in possession of a firearm. On January 10, 2012, members of the Fayette County Sheriff’s Department arrived at a cabin located near Chestnutburg Road in Fayette County to execute an arrest warrant on the defendant.
After entering the cabin, law enforcement officers discovered Koch holding a rifle. Law enforcement ordered the defendant to drop the firearm. At the time, Koch repeatedly failed to comply with orders to drop the firearm and also struck a police dog with the barrel of his rifle. As Koch turned toward responding officers, a Fayette County Sheriff’s deputy fired two shots, one of which struck the defendant in the arm. Koch was placed under arrest.
Officers also found at least seven additional firearms inside of the cabin that belonged to Koch.
Koch was previously convicted in March 2005 in the Circuit Court of Fayette County, West Virginia of grand larceny. Koch was also previously convicted in October 2004 in the Circuit Court of Fayette County, West Virginia of uttering. The defendant did not have his rights to possess a firearm restored.The investigation was conducted by the West Virginia State Police and the Fayette County Sheriff’s Department. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Erie County Correctional Facility Deputy Pleads Guilty to Civil Rights Violation Involving an InmateRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Josephine Cutolo, 54, of Buffalo, N.Y. pleaded guilty before Magistrate Judge Hugh B. Scott to deprivation of rights under color of law. The charge carries a maximum sentence of one year in prison, a $100,000 fine or both.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that on August 18, 2012, the defendant, a deputy with the Erie County Sheriff’s Department, used chemical spray on an inmate. At the time the incident occurred, the inmate was in handcuffs, subdued and being escorted by two other deputies. Cutolo aimed the chemical spray a few inches from the victim’s face which resulted in the spray affecting the victim’s face, chin and shoulder area. After spraying the victim, the defendant yelled a vulgar obscenity at the inmate.
“Those who serve in law enforcement- including corrections staff - are entrusted with substantial power and authority in order to protect the public or those in their care,” said U.S. Attorney Hochul. “Certainly the vast majority of officers live up to the highest ideals and demands of their chosen vocation. But when an officer abuses his position and hurts one she is sworn to protect, our Office will not hesitate to bring the perpetrator to justice, regardless of their title or position.”
Sentencing is scheduled for July 16, 2013 at 10:00 a.m. before Magistrate Judge Scott.
The plea is the culmination of an investigation by Special Agents of the Federal bureau of Investigation, under the direction of Acting Special Agent in Charge Richard Frankel.Eagle Butte Man Sentenced for Possession of A Stolen FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man who was convicted of Possession of a Stolen Firearm was sentenced on April 15, 2013 by U.S. District Judge Roberto A. Lange.
Judson His Law, a/k/a Judson Two Dogs, age 18, was sentenced to 15 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
His Law was indicted by a federal grand jury on November 15, 2012 and pled guilty to Count I of the Indictment—Possession of a Stolen Firearm—on January 23, 2013.
The conviction arose from an October 2012 incident when His Law stole a Remington model 870 shotgun from a vehicle parked outside a store in Eagle Butte.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorneys Mikal Hanson and Kathryn Rich.
His Law was remanded to the custody of the U.S. Marshal to begin serving his sentence.
Dozens Indicted on Firearms and Narcotics Charges in Warren; 155 Firearms SeizedRead the Press Release
Nineteen separate federal indictments were unsealed today, charging 55 people with various violations of federal narcotics and/or firearms laws in and around Warren, Ohio, law enforcement officials announced.
At the same time, an additional 42 people were charged in state court on similar charges. Overall, 155 firearms were taken off the streets, either by being purchased or seized.
The conduct laid out in the indictments include a conspiracy involving 21 people who are accused of bringing large quantities of heroin, cocaine and crack cocaine from Detroit to Warren; another that brought heroin from Columbus to Warren and Dayton; others that sold Oxycodone, Hyrdrocodone, heroin and crack cocaine; and multiple indictments of people accused of illegally possessing and selling firearms.
“These cases have taken an arsenal off the streets of Warren and cut off several pipelines of heroin, cocaine and other illegal drugs,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “It’s yet another demonstration of what happens when federal and local law enforcement work together for the good of the public.”
“The job of protecting communities like Warren from violent crime as well as from violent criminals remain at the forefront for ATF and from law enforcement at all levels,” said ATF Special Agent in Charge Robin Shoemaker, Columbus Field Division. “We can assure you that these types of aggressive, proactive investigations will continue.”
DEA Special Agent in Charge Robert L. Corso said: “This investigation exemplifies the success that can be achieved when local, state and federal law enforcement work together. Drug dealers are a violent group, and the nexus between drugs, guns and violence is clear in this case. The removal of the drugs, guns and the people who sell them, from the streets of Warren is a significant victory for law enforcement and will benefit those who live and work in that community.”
“Those arrested today brought more than just drugs and guns into the Youngstown area,” said Attorney General Mike DeWine. “Their operation brought more violent crime into our neighborhoods as well, and we will continue to work with state, local, and federal law enforcement to do everything we can to keep our communities safe.”
“Today’s arrests are the result of the law enforcement community answering to the request and needs of the City of Warren,” said Warren Police Chief Timothy Bowers. “Amazing things can happen when we work together for a common goal.”
Most of the alleged crimes took place last year. A full list of people charged in federal court, with their hometowns and ages, is below.
In the case of United States v. Valentino Thomas, Sr. et. al., a 99-count indictment was filed charging 21 people with engaging in a conspiracy to distribute heroin, crack cocaine and cocaine. Thomas, Sr. obtained the drugs from suppliers in Detroit and then sold them to Anthony Ector, who in turn sold the drugs to at least 15 dealers in Warren, according to the indictment.
As part of the conspiracy, Lewis Powell II, of Warren, is charged with 14 counts of illegally possessing firearms, and faces additional charges for having body armor and firearms with obliterated serial numbers, according to the indictment.
Prosecutors are seeking to forfeit more than $31,000 and six firearms seized in that investigation.
In the case of United States v. Jamie Hancock, et. al., a 49-count indictment was filed charging nine people with engaging in a conspiracy to distribute heroin. Hancock, Cornelius Butler III and Jovan Hancock purchased kilogram quantities of heroin from a supplier in Columbus, and then sold the heroin to other dealers in Warren, Dayton and elsewhere, according to the indictment.Prosecutors are seeking to forfeit more than $54,000 and a Honda motorcycle seized in that investigation.
Ricky and Henry Walker, both of Warren, are charged with conspiracy to deal firearms. The Walkers operated a flea market in Warren and purchased firearms, then bartered with flea market customers and sold firearms in exchange for items such as furniture, according to the indictment.
For example, Henry Walker sold nine firearms to a flea market customer in exchange for furniture on Sept. 7, 2011. One month later, he sold 22 firearms and ammunition to a customer in exchange for furniture and other property, according to the indictment.
Antonio Tucker, 22, of Warren, is charged with six counts – three charges of distributing Oxycodone or Hydrocodone and three firearms charges, including unlawfully distributing firearms, receiving or selling a stolen firearm and having a firearm with an obliterated serial number.
Margaret Devore and David Martin are charged with distributing Oxycodone and heroin and possessing a Norinco, model SKS rifle, despite both having previous felony convictions.
Donta Murray is charged with distributing crack cocaine and possessing two shotguns, despite a previous felony conviction.
Overall, 21 people face federal firearms charges as part of the indictments unsealed today.
If convicted, the defendants’ sentences will be determined by the court after review of the federal sentencing guidelines and factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violations.
The cases are being prosecuted by Assistant U.S. Attorneys Daniel J. Riedl and David M. Toepfer, following investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the TAG Task Force, the Ohio Bureau of Criminal Investigation and Identification, the Warren Police Department, the Trumbull County Sheriff’s Office, the U.S. Marshal’s Service, the Youngstown Police Department and the Ravenna Police Department.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
U.S. v. Valentino Thomas, Sr. et.al.
All 21 defendants are charged in count 1 with conspiracy to possess with intent to distribute heroin, crack cocaine and cocaine.
Valentino Thomas, Sr., 41, Detroit, distribution of heroin (x3), use of a phone in commission of a felony.
Anthony L. Ector, Jr., 29, Warren, distribution of heroin (x21), use of a phone in commission of a felony (x21).
Derrick Peete, 22, Detroit, distribution of heroin (x2), use of a phone in commission of a felony.
Lewis C. Powell II, 33, Warren, distribution of heroin (x4), distribution of crack cocaine, felon in possession of a firearm (x14), possession of a firearm with an obliterated serial number (x2), unlawful dealing of firearms, felon in possession of body armor, use of a phone in commission of a felony.
Bobby Covington, 26, Warren, distribution of heroin (x3), use of a phone in commission of a felony (x4).
Brian Thomas, 31, Detroit, distribution of heroin (x2).
Quintus Sellers, 24, Warren, distribution of heroin (x3).
Hosea Willis, 21, Warren, distribution of heroin (x3), use of a phone in commission of a felony.
Valentino Thomas, Jr., 22, Warren, distribution of heroin (x2), use of a phone in commission of a felony.
Jawan Thomas, 40, Warren, distribution of heroin (x2).
Bret Jones, 30, Bristolville, distribution of heroin (x4), interstate travel in commission of a felony.
Chance Wells, 22, Warren, distribution of heroin, use of a phone in commission of a felony (x3).
Bryan Sennyk, 33, Warren, use of a phone in commission of a felony (x3).
Toni Angelo, 49, Warren, distribution of crack cocaine, use of a phone in commission of a felony (x5).
Tracie Liptrot, 28, distribution of heroin (x2).
James Cohen, 24, Detroit, distribution of crack cocaine, felon in possession of a firearm.
Ahman McCollum, 28, Warren, use of a phone in commission of a felony (x3).
Stephanie McMahan, 29, Warren, use of a phone in commission of a felony (x3).
Sidney McMahan, 30, Warren, use of a phone in commission of a felony (x4).
Valerie Maddox, 30, Ravenna, use of a phone in commission of a felony (x2)
Benjamin Blakeley IV, 26, use of a phone in commission of a felony (x3).U.S. v. Jamie Hancock et. al.
All nine defendants charged in count 1with conspiracy to possess with intent to distribute heroin.
Jamie Hancock, 27, Dayton, distribution of heroin (x14), use of a phone in commission of a felony (x26).
Cornelius Butler III, 32, Warren, distribution of heroin (x10), use of a phone in commission of a felony (x9).
Jovan Hancock, 30, Dayton, use of a phone in commission of a felony (x4).
Lakeia Harris, 30, Dayton, use of a phone in commission of a felony (x6).
DeShawn Brown, 36, Warren, distribution of heroin (x3).
Charles Moore II, 31, use of a phone in commission of a felony (x2).
Wayne Sims Jr., 31, Columbus, use of a phone in commission of a felony (x4).
Vincent Croff, 29, Warren, use of a phone in commission of a felony (x2).
April Polk, 29, Columbus, use of a phone in commission of a felony (x5).U.S. v. Marcus Hemmingway et. al.
All five defendants charged in count 1 with conspiracy to possess with intent to distribute crack cocaine.
Marcus Hemmingway, 36, Warren: distribution of crack cocaine (x5), felon in possession of a firearm.
Darnell Defrance, 26, Warren, distribution of crack cocaine (x10).
Timothy Hooks, 45, Hermitage, Penn. distribution of crack cocaine.
Brittany Swogger, 24, Warren distribution of crack cocaine (x4).
James Court, Sr., 56, Girard, distribution of crack cocaine.Other cases:
Leon Glover Jr., 20, of Warren: unlawful dealing in firearms, possession of a stolen firearm.
John Wayne Provitt Jr., 23, Warren: conspiracy to possess with intent to distribute crack cocaine, distribution of crack cocaine (x8).
Derrick McCullough, 32, Youngstown: conspiracy to possess with intent to distribute crack cocaine, distribution of crack cocaine.
Antonio Tucker, 21, of Warren: distribution of Oxycodone (x3), unlawful dealing in firearms, possession of a stolen firearm, possession of a firearm with an obliterated serial number.
Dwayne Bruce, 23, Warren: felon in possession of ammunition.
Margaret Devore, 32, Ashtabula: distribution of Oxycodone (x3), felon in possession of a firearm.
David Martin, 28, Warren: felon in possession of a firearm.
George Gutierres, 23, Youngstown: felon in possession of a firearm.
Brian Henry, 18, Warren: felon in possession of a firearm.
Hector Hernandez, 45, Cortland: felon in possession of a firearm (x2).
Calvin Cole, 51, Warren: felon in possession of a firearm.
Edward Lightning, 29, Youngstown: felon in possession of a firearm.
William McCree: 34, Warren: prohibited person in possession of a firearm.
Allen McGill, 26, Warren: distribution of cocaine (x3), distribution of crack cocaine, prohibited person in possession of a firearm (x2).
Donta Murray, 36, Warren: distribution of crack cocaine, felon in possession of a firearm (x2).
Ted Murray, 39, Warren: felon in possession of a firearm.
John Slade, 23, East Liverpool, felon in possession of a firearm.
Ricky Walker, 54, Warren: conspiracy and dealing firearms without a license, felon in possession of a firearms, possession of an unregistered firearm, possession of a firearm with an obliterated serial number.
Henry Walker, 60, Warren: conspiracy and dealing firearms without a license, aiding and abetting a felon in possession of a firearms, possession of an unregistered firearm, possession of a firearm with an obliterated serial number.
Goodwin Lofton, 48, Warren: felon in possession of a firearm.Dominican National Pleads Guilty to Cocaine TraffickingRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jose Nunez-Donastor, a/k/a Jesus Perez, a/k/a Rafael Torres Rivera, a/k/a Guineo, a/k/a Gineo, 33, of New York City, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to possess with intent to distribute and distribution of 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a fine of $5,000,000 or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Nunez-Donastor and other members of the conspiracy were responsible for the distribution of significant quantities of cocaine and crack cocaine throughout the Rochester area that were transported by vehicle from Pennsylvania. The investigation involved court-authorized wire taps and resulted in the federal arrest of 10 defendants between May and October 2012. To date, all defendants have been convicted. Nunez-Donastor is an illegal alien who will be deported to the Dominican Republic following the completion of his prison sentence.
The plea is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Scott Heagney and Investigators of the Rochester Police Department, under the direction of Chief James Sheppard, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.
Sentencing is scheduled for July 15 at 2:15 p.m. before Judge Siragusa.Director of Non-Profit Convicted in BP Claims Fund Fraud TrialRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Antonio J. Gomez, Acting Inspector in Charge, Miami Division, U.S. Postal Inspection Service (USPIS), Paula Reid, Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, and Richard L. Walker, Special Agent in Charge, U.S. Department of Labor, Office of Inspector General - Office of Labor Racketeering and Fraud Investigation, announced that Jean Mari Lindor, 32, of Homestead, Florida, was convicted by a federal jury in Miami yesterday, for his participation in filing false claims in connection with the Deepwater Horizon explosion and pollution incident in the Gulf of Mexico. Lindor was convicted on charges of mail fraud, wire fraud, access device fraud, and aggravated identity theft, all in connection with fraudulent claims filed by the defendant seeking lost income against the Gulf Coast Claims Facility, the filing of fraudulent tax returns with the Internal Revenue Service, and false claims for unemployment compensation against the State of Florida, in violation of Title 18, United States Code, Sections 1341, 1343, 1029(a)(2) and (b)(1), and 2.
The guilty verdicts were returned before U.S. District Judge K. Michael Moore, who set the sentencing hearing for July 30, 2013 at 2:00 p.m. in Miami. Lindor faces possible terms of imprisonment of up to twenty years on each of the thirty-four counts of mail fraud and wire fraud, up to ten years imprisonment on the three counts of access device fraud, and a consecutive sentence of two years each on the two counts of aggravated identity theft. The defendant also faces a fine of up to $250,000 on each count or twice the intended gain or loss caused by the conduct, as well as a period of supervised release of up to five years.
According to the allegations in the Indictment and evidence presented in court, in June 2010, BP established the Gulf Coast Claims Facility (GCCF) for the purpose of administering, mediating, and settling certain claims of individuals and businesses for costs, damages, and other losses incurred as a result of oil discharges due to the April 20, 2010 explosion and fire on the Deepwater Horizon, an oil rig in the Gulf of Mexico that had been drilling an exploration well. In August 2010, the GCCF began receiving and processing such claims of individuals and businesses for costs, damages, and other losses they had incurred as a result of the Deepwater Horizon incident, paying the claims from a $20 billion Trust Fund established for that purpose.
The evidence at trial established that Lindor filed fraudulent claims against the fund, in his own name, and in the name of a Not-For-Profit business he established, Noula, Incorporated, located in Homestead. The value of the claims charged in the Indictment and presented at trial were in excess of $1.2 million. Trial evidence demonstrated that the records supplied to the GCCF to support the many claims were materially false and fraudulent because they purported to show the claimants were employees of various hotels, restaurants, and clubs in the Florida Keys at the time of the spill and that their income had been adversely affected as a result of the Deepwater Horizon incident.
Lindor also used unauthorized access devices during the scheme, consisting of the unique GCCF Claim numbers assigned to his fictitious claims, and without which he would have been unable to communicate with the GCCF, or cause payments to be issued to them. Moreover, Lindor also sought unemployment compensation for more than a year from the State of Florida, falsely certifying that he was not earning income when, in fact, he was actively directing the scheme at Noula.
Furthermore, the evidence at trial showed that Lindor possessed and used without lawful authority the social security numbers of two identity theft victims to file fraudulent tax claims against the IRS, and directed the refunds into either his personal bank account or to bank debit cards.
Mr. Ferrer commended the investigative efforts of the FBI, Postal Inspection Service, Secret Service, Department of Labor Office of Inspector General, and the U.S. Citizenship and Immigration Service, Fraud Detection and National Security Directorate. Mr. Ferrer would also like to thank the Florida Department of Economic Opportunity and the National Center for Disaster Fraud (NCDF). This case was prosecuted by Assistant U.S. Attorney Thomas Watts-FitzGerald.
Members of the public can report fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, including the 2010 Deepwater Horizon oil spill, through the National Center for Disaster Fraud (NCDF) Disaster Fraud Hotline at 877-NCDF-GCF (623-3423), the Disaster Fraud Fax at 225-334-4707, or the Disaster Fraud e-mail at [email protected].
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.
Detroit-Area Home Health Agency Office Manager Convicted in <br /> $5.8 Million Medicare Fraud SchemeRead the Press Release
A federal jury in Detroit today convicted the office manager of a home health agency for her participation in a $5.8 million Medicare fraud scheme, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade; Robert D. Foley III, Special Agent in Charge of the FBI Detroit Field Office; and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Detroit Office.
Nabila Mahbub, 27, the office manager of All American Home Care Inc., was found guilty in U.S. District Court for the Eastern District of Michigan of one count of conspiracy to commit health care fraud.
Mahbub was charged in a superseding indictment returned March 27, 2012. Nineteen other individuals who worked at or were associated with All American were previously convicted for their roles in the fraudulent scheme; one was acquitted at trial, but was convicted at trial for a separate, but related, scheme.
According to evidence presented at trial, the defendant and her co-conspirators caused the submission of false and fraudulent claims to Medicare through All American, a home health care company located in Oak Park, Mich., that purported to provide skilled nursing and physical therapy services to Medicare beneficiaries in the greater Detroit area.
The evidence at trial showed that the defendant and her co-conspirators used patient recruiters, who paid Medicare beneficiaries to sign blank documents for physical therapy services that were never provided and/or medically unnecessary. The owners of All American paid physicians to sign referrals and other therapy documents necessary to bill Medicare. Physical therapists and physical therapist assistants then created fake medical records using blank, pre-signed forms obtained by the patient recruiters to make it appear as if physical therapy services were actually rendered, when, in fact, they were not.
According to evidence presented at trial, Mahbub doctored and directed the doctoring of fake patient files to facilitate the commencement and billing of home health services purportedly provided by physical therapists and physical therapist assistants working for All American. Mahbub also directed the physical therapists and physical therapist assistants who created fake therapy visit notes using blank, pre-signed forms, to make it appear that physical therapy services billed to Medicare were actually provided.
All American was paid over $5.8 million from Medicare between September 2008 and November 2009.
At sentencing, scheduled for July 25, 2013, Mahbub faces a maximum penalty of 10 years in prison.
This case is being prosecuted by Deputy Chief Gejaa T. Gobena and Trial Attorney Matthew C. Thuesen of the Criminal Division’s Fraud Section. The investigation was led by the FBI and HHS-OIG, and was brought by the Medicare Fraud Strike Force, a joint effort of the U.S. Attorney’s Office for the Eastern District of Michigan and the Criminal Division’s Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
David Gonzalez Pleads Guilty to Illegal ReentryRead the Press Release
DAVID GONZALEZ (a/k/a Othoniel David Reconco), age 24, a citizen of Honduras, pled guilty in federal court today before U. S. District Judge Ivan L.R. Lemelle to a one-count indictment charging him with illegal re-entry of a removed alien, announced U.S. Attorney Dana J. Boente.
According to court documents, GONZALEZ admitted to being an alien who had previously been removed from the United States, was found in the United States, in Jefferson Parish, Louisiana on January 24, 2013, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.
The indictment charging GONZALEZ with illegal reentry also included a notice of sentencing enhancement based on his prior aggravated felony conviction. With the enhancement, the charge carries a maximum statutory penalty of 20 years imprisonment, a fine of $250,000, and 3 years of supervised release following any term of imprisonment. Sentencing for the defendant is scheduled for July 2, 2013 at 2:00 P.M.
This case was investigated by U.S. Immigration and Customs Enforcement with the assistance of the Jefferson Parish Sheriff’s Office. The prosecution is being handled by Special Assistant United States Attorney Robert Weir.
(Download Factual Basis )
Cuyahoga Falls Man Sentenced to Three Years in Prison for Possession of Pipe Bombs, Other OffensesRead the Press Release
A Cuyahoga Falls man was sentenced to three years in prison after previously pleading guilty to possessing five pipe bombs, a silencer, a machine gun and marijuana, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
David Dougherty, age 49, pleaded guilty in January to one count each of unlawful possession of destructive devices (five pipe bombs), possession of a firearm (the silencer), possession of a machine gun and one count of manufacturing of marijuana with intent to distribute.
On Oct. 20, 2012, Dougherty had five destructive devices consisting of a pipe, end caps, explosive powder and a pyrotechnic fuse, according to the court documents.
He also possessed a silencer, a STEN 9 mm submachine gun with no serial number and marijuana, according to the court documents.
The case was handled by Assistant United States Attorney Kelly Galvin following investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Summit Count Bomb Squad and the Cuyahoga Falls Police Department.
Criminal Indicted for Illegal Re-entry After DeportationRead the Press Release
MINNEAPOLIS—Recently in federal court, a 40-year-old Mexican national was indicted for entering the United States illegally after being deported as a criminal. On April 15, 2013, Benito Blanco-Correa was charged with one count of illegal re-entry after deportation.
The indictment alleges that on March 13, 2013, Estrada-Garcia was found in the U.S. after having been previously deported to Mexico on three occasions, the last being in 2010, following a 2009 conviction in the District of Minnesota for conspiracy to distribute and possession with intent to distribute heroin. On March 13, Blanco-Correa was identified as an illegal alien while in the Hennepin County jail, where he was being held after a narcotics’ arrest.
The identification was made though the U.S. Immigration and Customs Enforcement’s (“ICE”) Criminal Alien Program (“CAP”). The goal of CAP is to locate criminal aliens incarcerated in federal and state prisons, as well as in local jails, and prevent them from being released into society by having them federally prosecuted for illegally re-entry. In some instances, federal prosecution occurs only after the individual has been prosecuted for the recent underlying offense.If convicted of the federal charges on levied against him, Estrada-Garcia faces a potential maximum penalty of 20 years in federal prison, followed by deportation. Any sentence would be determined by a federal district court judge. This case is the result of an investigation by ICE’s Enforcement and Removal Operations. It is being prosecuted by Assistant U.S. Attorney Nathan P. Petterson.
To learn more about the CAP, visit www.ice.gov/criminal-alien-program/
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.
Convicted Sex Offender Indicted for Production of Child PornographyRead the Press Release
BOSTON – A level II sexual offender was indicted yesterday with the production of child pornography while on probation as a sex offender.
George Shipps, 31, of Chelsea, was charged with two counts of production of child pornography, transportation of child pornography and receipt of child pornography. In February 2013, Shipps was arrested at his home and has since been detained.
According to court documents, agents learned that Shipps, using a Yahoo! email address, had been sending and receiving images containing child pornography from his home in Chelsea to another individual in Hickory, NC. On February 19, 2013, agents executed a search warrant at Shipps’ home, whereupon Shipps admitted to possessing the images containing child pornography and sending them via email. Shipps further identified the six-year-old depicted in those photos and admitted to taking them between August and September of 2012.
Shipps was and is a level II sex offender on probation from the Middlesex County Superior Court for the possession of child pornography and luring a minor for the purpose of sex. Under current Massachusetts law, Shipps’ status as a level II sex offender was not available to the public via the sex offender registry website.
Because of Shipps’ status as a convicted sex offender, he faces a mandatory minimum sentence of 25 years and up to 50 years in prison, to be followed by up to lifetime supervised release, a $250,000 fine, and forfeiture if convicted.United States Attorney Carmen M. Ortiz and Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announce today. The case is being prosecuted by Assistant U.S. Attorney Stacy Dawson Belf of Ortiz’s Major Crimes Unit.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274, and messages will be promptly returned.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Closing Attorney Sentenced to Prison for His Role in Mortgage Fraud SchemeRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today before Chief United States District Judge James C. Dever, III, JEFFREY SCOTT TAGGART, of Wilmington, NC, was sentenced to a 36 month term of imprisonment, followed by 3 years of supervised release, on charges of Conspiracy to Commit Mail, Wire, and Bank Fraud, in violation of Title 18, United States Code, Section 1349, and Subscribing to a False Income Tax Return, in violation of Title 26, United States Code, Section 7206(1). TAGGART was also ordered to pay $3,060.896.77 to 12 banks and lenders who were victims of the fraud.
With respect to the charge of Conspiracy to Commit Mail, Wire, and Bank Fraud, the indictment alleged that TAGGART, in his capacity as a North Carolina attorney, prepared false HUD-1 settlement statements that he sent to banks and lenders on more than 50 loan transactions tied to the scheme. TAGGART falsified the HUD-1 settlement statements in various ways, including the falsification of the existence and degree of the buyer’s down payment, the existence and degree of financing, the existence or nonexistence of a buyer or seller, the actual contract price for the property, and the true recipient of all loan proceeds. TAGGART also participated in the scheme by fronting money from his firm’s escrow account to assist borrowers to appear qualified for loans that he closed.
As a result of the scheme, banks and lenders issued loans to the conspirators in the amount of approximately $15.8 million, which resulted in $3,060.896.77 in actual losses to the banks and lenders.
With respect to the Charge of Subscribing to a False Income Tax Return, the indictment alleged that TAGGART falsely listed his taxable income as $80,486, when in fact, his taxable income was $271,003.
Investigation of this case was conducted by the Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorney William M. Gilmore represented the United States.
Centre County Drug User Admits Unlawfully Possessing PistolsRead the Press Release
JOHNSTOWN, Pa. - A resident of Patton, Pa., pleaded guilty in federal court to a charge of unlawful possession of firearms by a user of illegal controlled substances, United States Attorney David J. Hickton announced today.
John B. Zollinhofer, 41, pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that on Sept. 22, 2011, Zollinhofer, who was an unlawful user of, and addicted to, illegal controlled substances, possessed two Smith and Wesson pistols, a Ruger revolver and a Rossi revolver.
Judge Gibson scheduled sentencing for Sept. 3, 2013, at 10:30 a.m. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Zollinhofer.
According to Mr. Hickton, Zollinhofer is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
Carlos Alberto Aguilar Pleads Guilty to Illegal ReentryRead the Press Release
CARLOS ALBERTO AGUILAR, age 40, a citizen of Honduras pled guilty in federal court today before U. S. District Judge Martin L.C. Feldman to a one-count indictment charging him with illegal re-entry of a removed alien, announced U.S. Attorney Dana J. Boente.
According to court documents, AGUILAR admitted to being an alien who had previously been removed from the United States, was found in the United States, in Jefferson Parish, Louisiana on December 18, 2012, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.
The indictment charging AGUILAR with illegal reentry also included a notice of sentencing enhancement based on his prior felony conviction. With the enhancement, the charge carries a maximum statutory penalty of ten (10) years imprisonment, a fine of $250,000, and three (3) years of supervised release following any term of imprisonment. Sentencing for the defendant is scheduled for August 7, 2013 at 1:30 P.M.
This case was investigated by U.S. Immigration and Customs Enforcement with the assistance of the Jefferson Parish Sheriff’s Office. The prosecution is being handled by Special Assistant United States Attorney Robert Weir.(Download Factual Basis )
Cape Cod Man Sentenced for Possession of Child PornographyRead the Press Release
BOSTON – A West Harwich man, formerly of Charlestown, was sentenced yesterday for possessing child pornography.
Thomas J. Richardson, 67, was sentenced to 24 months in prison, followed by five years of supervised release and ordered to pay $10,000 in restitution to one of the victims. He was also ordered to forfeit the computers he used to store the illicit images and videos. In February 2013, Richardson pleaded guilty to possession of child pornography.
Between July 4th and 8th, 2008, an FBI agent working undercover for the FBI's Innocent Images Unit went online to a peer-to-peer file sharing software program. The FBI agent received a "friend" request and offline messages from Richardson using the screen name "Greatg." In the messages, Richardson asked when the agent would be online, stated that his name was "Gretchne," and falsely indicated that he was a mother of two.
On July 9, 2008, the agent logged into the file sharing program and found files containing child pornography images and videos belonging to Richardson. The agent attempted to download the files, however, Richardson terminated this transaction before it was completed because he was unable to download any content from the agent's online profile. Prior to the termination, the agent was able to download three files. One video was corrupted and could not be viewed. Another video, depicted anal-genital sexual intercourse between an adult man and a toddler boy. And an image depicted a nude, adult man touching the clothed genitals of a minor boy on a bed. The agent determined, through IP address location information, that the user profile belonged to Thomas J. Richardson in Charlestown.In August, 2008, the agent again logged into the file-sharing program and observed that Richardson's profile was also online. The agent browsed Richardson's shared file directories, and found files containing child pornography images and videos. The agent downloaded 11 files of child pornography, including a number of images depicting a prepubescent boy and prepubescent girl engaging in sexual acts with each other. The agent determined, through IP address location information, that the user profile belonged to Richardson's address in West Harwich.
The West Midlands Police, in Birmingham, England, also had reported to the FBI in Boston that an individual using the screen name "GreatG" was communicating and trading pornography with a target in their jurisdiction through the Google Hello program. British law enforcement obtained IP login information for GreatG's account and determined that Richardson had accessed this account from his residences as well as from his then-employer.
On November 6, 2008, the FBI executed a search warrant at Richardson's homes in Charlestown and West Harwich and seized six laptop computers. The FBI conducted a forensic examination of the computers and found evidence of significant child pornography activity. The Internet browsing history and recent link files showed that Richardson accessed a number of files with explicit names indicative of child pornography. Evidence of installation and use of the file-sharing program and Google Hello were also found on an HP laptop in Charlestown.
Forensic analysis revealed at least 10 images in allocated space, including the following:
- An image which depicts a nude girl lying on a bed with her legs spread - her wrists and one visible ankle are tied to the bed frame;
- An image which depicts a girl, who appears to be approximately 12 to 14 years-old, holding a penis near her mouth. There appears to be semen on her face and shirt; and
- An image which depicts a prepubescent, nude girl who is kneeling on the floor and engaging in oral-genital sexual intercourse with an adult male who is standing. The girl is wearing a mask (with an opening at the mouth) and her hands appear to be tied.
Forensics further revealed numerous deleted and temporary internet images of child pornography on the computers.
From Richardson's computer, forensic agents recovered 159 chats between Richardson and 81 other users on Google Hello trading numerous images of child pornography and child erotica, including images of children as young as six engaged in sexual acts and images depicting sadomasochistic sexual abuse of children. The chats indicate Richardson's substantial knowledge of child pornography series as well as his extensive collection of child pornography, which allowed him to provide child pornography tailored to the requester's preferences.
United States Attorney Carmen M. Ortiz and Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement today.
The case was prosecuted by Assistant U.S. Attorneys Michael Yoon and Stacy Dawson Belf of Ortiz's Major Crimes Unit and Trial Attorney Bonnie Kane of the Department of Justice's Child Exploitation & Obscenity Section.
This case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys' Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.- An image which depicts a nude girl lying on a bed with her legs spread - her wrists and one visible ankle are tied to the bed frame;
Buffalo Man Sentenced on Drug Conspiracy ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Antonio Briggs, 40, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine, was sentenced to 10 years in prison by U.S. District Chief Judge William M. Skretny.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that Briggs was arrested along with 22 others in August of 2010 for narcotics trafficking. The defendant sold quantities of cocaine from KJ Fashions, his clothing store, at 439 East Amherst St. in Buffalo. To date, 15 of the 23 defendants have been convicted.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Niagara County Drug Task Force, under the direction of Sheriff James Votour, and the Niagara Frontier Transportation Authority Transit Police, under the direction of Chief George Gast.
Brownwood, Texas, Man Sentenced to 87 Months in Federal Prison on Federal Child Pornography ConvictionRead the Press Release
SAN ANGELO, Texas — Brian Bernard Willin, 48, of Brownwood, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to 87 months in federal prison and 10 years of supervised release following his guilty plea in November 2012 to one count of receipt of child pornography and aiding and abetting, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. Willin was also ordered to pay $150,000 restitution to an individual who was depicted in an image Willin possessed.
Willin was indicted in August 2012 on four counts of receiving child pornography, one count of transporting child pornography and one count of possessing child pornography. According to plea documents filed in the case, Willin admitted that he used a peer-to-peer file-sharing program that he had installed on his computer to download and view several images depicting minors engaging in sexually explicit conduct. He saved some of the material on his computer and onto a DVD.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the 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 sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/ For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab "resources."
The investigation was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Brown County Sheriff’s Office.
Armed Career Criminal from Albuquerque Sentenced to Fifteen Years in Federal Prison for Unlawful Possession of A FirearmRead the Press Release
ALBUQUERQUE – Richard Elizardo Luna, 52, of Albuquerque, N.M., was sentenced this afternoon to 15 years in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Luna’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Luna was arrested in April 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. According to the indictment, Luna unlawfully possessed a firearm in Bernalillo County, N.M., on Oct. 2, 2011. The indictment stated that, at the time, Luna was prohibited from possessing firearms and ammunition because he previously had been convicted of residential burglary in the Second Judicial District Court for the State of New Mexico, and of residential burglary and larceny in the Fifth Judicial District Court for the State of New Mexico.
Court records reflect that Luna has other felony convictions beyond those identified in the indictment including convictions for conspiracy to possess heroin, commercial burglary, receiving stolen property, possession of a controlled substance. Luna also has 15 convictions for failure to appear and a driving while intoxicated conviction.
On Dec. 5, 2012, Luna pled guilty to the indictment. The sentence imposed on Luna today was enhanced under the Armed Career Criminal Act, which requires a mandatory minimum 15 year prison sentence for career criminals.
This case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the Second Judicial District of the State of New Mexico. It was prosecuted by Assistant U.S. Attorney Norman Cairns.
Alton Man Pleads Guilty to Firearm OffenseRead the Press Release
On April 17, 2013, Don A. Miller, a twenty-nine year old Alton, IL, man pled guilty to unlawful possession of a firearm by a previously convicted felon, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Miller is scheduled for sentencing at 10:00 A.M. on August 2, 2013, in United States District Court in East St. Louis, at which time he faces a maximum potential sentence of up to ten years’ in prison; a fine of up to $250,000, not more than three years of supervised release and a mandatory special assessment of $100.
On July 19, 2012, law enforcement officials conducted a search of his residence in Alton, IL, after receiving consent from his live-in girlfriend. A loaded semi-automatic pistol was discovered in a bedroom closet. Miller admitted ownership of the firearm. Prior to July 19, 2012, Miller had been convicted of a crime that was punishable by a term of imprisonment of more than one year.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Alton Police Department.
This case is assigned to Assistant United States Attorney Daniel T. Kapsak for prosecution.
Almost Four Dozen Suspected Meth and Heroin Traffickers Indicted; Officials Make Arrests in North County SweepRead the Press Release
Eighteen suspected methamphetamine and heroin traffickers were arrested during pre-dawn raids around the North County today.
More than 200 agents and detectives from the multi-agency North County Regional Gang Task Force made the arrests in Oceanside, Vista, Escondido and elsewhere in the North County. Task force members confiscated 35 weapons during the course of the investigation. Among the weapons seized were hand guns, semi-automatic rifles and shotguns, including a 12-gauge Street Sweeper semiautomatic.
These arrests are associated with the unsealing of 15 grand jury indictments today charging 46 defendants with various narcotics trafficking crimes, including conspiracy plus importation, distribution and possession of methamphetamine. A few defendants were charged with heroin trafficking.
“The number and types of weapons seized in this investigation are troubling,” said U.S. Attorney Laura Duffy. “We will to continue to target these well-armed drug traffickers who operate in our neighborhoods and put all of us at risk – especially our children.”
The North County Regional Gang Task Force is a multi-agency group including the FBI, ATF, the San Diego County Sheriff’s Department, Homeland Security Investigations and police departments in Oceanside and Carlsbad, with assistance from other federal and local law enforcement agencies as well.
Daphne Hearn, FBI Special Agent in Charge, said: “Today's arrests by the North County Regional Gang Task Force are the result of a long-term multi-agency investigation by federal, state and local law enforcement agencies working together. The FBI will continue to work with our law enforcement partners to make our communities a safer place.”
"It is only by the extremely hard work, commitment, and passion from the collaborative North County Gang Task Force that made Operation Corridor such a tremendous success,” said Oceanside police Chief Frank S. McCoy. “This operation is a great example of local and federal law enforcement agencies from all over San Diego joining together to combat drug traffickers in our community who threaten the safety and security of our citizens."
“ATF considers the North County Gang Task Force a critical partner in its long-term mission of combating violent crime and removing criminals from our communities as was shown in Operation Corridor,” said Steven J. Bogdalek, Special Agent in Charge ATF Los Angeles Field Division. “ATF will continue to dedicate federal resources and work with our local agencies in the pursuit of eradicating illegal firearm trafficking and criminal activity.”
“Operation Corridor exemplifies the good work done by multiple agencies in San Diego County,” said San Diego County Sheriff Bill Gore. “This is a multi-faceted approach to reducing violent crime, and those who perpetrate it. This investigation is a prime example of how effective Intelligence Led Policing can be with respect to targeting prolific, criminal offenders and managing law enforcement resources. Operation Corridor has been extremely effective in restoring quality of life to our residents in the North County along the 78 corridor.”
“I commend all of the law enforcement professionals in the San Diego area who worked tirelessly in this coordinated effort to combat the threats that violence and fear tactics pose to public safety in our communities,” said Derek Benner, special agent in charge for Homeland Security Investigations San Diego.
DEFENDANTS Case Number: 13cr1128-BEN LAURA CRUZ
RAUL ALVARADO
ROBERT RODRIGUEZ
CARRIE BROWN-RODRIGUEZ ANTHONY PALAFOX
JESSICA HOLGUIN
ROBERT AGUILAR
CHRISTIAN GARDUNO
ERICK GARCIA-MARTINEZ JOSHUA SANCHEZ
TRAVIS JOB
BRIAN RAMIREZ
ANDY ESPINOZA
LORI STORY
ANGEL OLMOS
BRAD WOOLARD
JOSE ANTONIO
EMILY BAKER
MONORIN PHIAKEO
JESSICA KISNER
HECTOR MEDRANO
FRANKIE KING Already in custody
Already in custody
Already in custody
Arrested 4/15/13 Arrested 4/17/13 Arrested 4/17/13
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Already in custody
At Large
Arrested 4/17/13 Arrested 4/17/13 Arrested 4/17/13 Arrested 4/17/13 Arrested 4/17/13
At Large
Arrested 4/17/13
Already in custody
At Large
Arrested 4/17/13
At Large
Arrested 4/17/13 Arrested 4/17/13 Summary of ChargesTitle 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Methamphetamine; Title 21, United States Code, Sections 952, 960 (b) (1) (H) and 963 – Conspiracy to Import Methamphetamine; Title 21, United States Code, Section 841 (a) (1) – Possession of Methamphetamine with Intent to Distribute
Case Number: 13cr1238BEN LYDIA LUCIO
DAVID GAMEZ
ANA ALVIZOVITAL
ERROL WHITE
RUDOLPH FIGUEROAArrested 4/17/13
Summary of Charges Title 21, United States Code, Sections 952, 960 (b) (2) (A) - Conspiracy to Import Heroin; Title 21, United States Code Sections 952, 960 and 963 – Conspiracy to Import Heroin Case Number: 1232BEN ALEXANDRA AGUIRRE Arrested 4/17/13 Summary of Charges Title 21, United States Code, Sections 952, 960 – Importation of Heroin Case Number: 13cr1239MMA THOMAS MEDINA
Arrested 4/17/13
Already in Custody
Arrested 4/17/13
Arrested 4/17/13
PABLO DIAZArrested 4/17/13
Summary of Charges Title 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Methamphetamine; Title 21, United States Code, Section 841 (a) (1) – Possession of Methamphetamine with Intent to Distribute Case Number: 13cr1237L STEVEN HERNANDEZ
Arrested 4/17/13
JUAN URIBE Arrested 4/17/13
Already in Custody Summary of Charges Title 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Methamphetamine; Title 21, United States Code, Section 841 (a) (1) – Possession of Methamphetamine with Intent to Distribute Case Number: 13cr1243BEN ROBERT SARMIENTO Arrested 4/17/13 Summary of Charges Title 21, United States Code, Section 841 (a) (1) – Possession of Methamphetamine with Intent to Distribute; Title 18, United States Code, Section 922 (g) (1) - Felon in possession of a firearm Case Number: 13cr1242AJB CARLOS RIVERA Arrested 4/17/13 Summary of Charges Title 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Methamphetamine; Title 18, United States Code, Section 922 (g) (1) - Felon in possession of a firearm Case Number: 13cr1241BEN STEVEN NORTH
ROBERT AGUILAR Arrested 4/17/13
At Large Summary of Charges Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B) - Distribution of Methamphetamine; Title 18, United States Code, Section 922 (g) (1) - Felon in possession of a firearm Case Number: 13cr1231JAH JAVIER ALVAREZ Already in custody Summary of Charges Title 21, United States Code, Sections 841(a)(1) - Distribution of Methamphetamine Case Number: 13cr1244W PAUL WOODS At Large Summary of Charges Title 21, United States Code, Sections 841(a)(1) - Distribution of Methamphetamine Case Number: 13cr1233BEN ARMANDO ARELLANO Already in Custody Summary of Charges Title 21, United States Code, Sections 841(a)(1) - Distribution of Methamphetamine Case Number: 13cr1234WQH RUDY BLANCO
AMANDA KOPP Arrested 4/17/13 Arrested 4/17/13 Summary of Charges Title 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Methamphetamine; Title 21, United States Code, Section 841 (a) (1) and (b) (1) (B) (viii) – Distribution of Methamphetamine Case Number: 13cr1240L GEORGE MOLINA
ULYSSES RAMOS Already in Custody
Already in Custody Summary of Charges Title 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Methamphetamine; Title 21, United States Code, Section 841 (a) (1) and (b) (1) (B) (viii) – Possession of Methamphetamine with intent to distribute Case Number: 13cr1235JAH ROUANNE DIAZ
DEANDRA COX Arrested 4/17/13
Already in custody Summary of Charges Title 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Methamphetamine; Title 21, United States Code, Section 841 (a) (1) and (b) (1) (B) (viii) – Distribution of Methamphetamine Case Number: 13cr1236GPC ADAM ESPINO Arrested 4/17/13 Summary of Charges Title 21, United States Code, Sections 841(a) (1) - Distribution of Methamphetamine AGENCIESFederal Bureau of Investigation
Oceanside Police Department
Bureau of Alcohol, Tobacco and Firearms
San Diego County Sheriff's Department
Homeland Security Investigations
Carlsbad Police DepartmentAn 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.