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30 May 2013
Dresher Man Indicted on Child Porn ChargesRead the Press Release
Gary Kent, of Dresher, Pennsylvania, was charged today by Indictment, with two counts of distribution of child pornography, and two counts of possession of child pornography, announced United States Attorney Zane David Memeger. The indictment alleges that on or about September 13, 2012 and on or about January 27, 2013, Kent distributed images of child pornography, and on or about November 30, 2012 and on or about February 5, 2013, Kent possessed images of child pornography.
If convicted the defendant faces a maximum possible sentence of 60 years in prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by Department of Homeland Security, Immigration and Customs Enforcement (“ICE”) and is being prosecuted by Special Assistant United States Attorney Karen A. Fox.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Dresher Man Indicted on Child Porn ChargesRead the Press Release
Gary Kent, of Dresher, Pennsylvania, was charged today by Indictment, with two counts of distribution of child pornography, and two counts of possession of child pornography, announced United States Attorney Zane David Memeger. The indictment alleges that on or about September 13, 2012 and on or about January 27, 2013, Kent distributed images of child pornography, and on or about November 30, 2012 and on or about February 5, 2013, Kent possessed images of child pornography.
If convicted the defendant faces a maximum possible sentence of 60 years in prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by Department of Homeland Security, Immigration and Customs Enforcement (“ICE”) and is being prosecuted by Special Assistant United States Attorney Karen A. Fox.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525District Man Sentenced to 40 Months in PrisonRead the Press Release
For Robbery of Senior Citizen
-Defendant Accosted the Victim in Broad Daylight in Northwest Washington-WASHINGTON – Reggie Gordon, 29, of Washington, D.C., was sentenced today to a 40-month prison term on a charge of robbery for an attack against a senior citizen that took place earlier this year in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Gordon pled guilty in March 2013 in the Superior Court of the District of Columbia. The Honorable Heidi M. Pasichow sentenced him today. Upon completion of his prison term, Gordon will be placed on three years of supervised release.
According to the government’s evidence, Gordon accosted a 69-year-old man at about 2:40 p.m. on Feb. 8, 2013, in the area of 14th and Newton Streets NW. Gordon approached the victim from behind, with a knife in his hand, and demanded, “Give me the bag, give me the cash.” The victim handed over a bag, which contained cigarettes, and took money out of his pocket and handed it to Gordon. After Gordon fled, the victim flagged police, who immediately began searching the area. Gordon was stopped soon afterward by police and arrested.
In announcing the sentence, U.S. Attorney Machen commended the work of the officers of the Metropolitan Police Department (MPD). He also praised those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Debra McPherson and Todd McClelland, Intelligence Specialist Sharon Johnson, and Assistant U.S. Attorney Scott Ray. Finally, he thanked Assistant U.S. Attorney Phil Selden, of the Fourth District Unit of the Felony Major Crimes Section, who investigated and prosecuted the case.
13-190Detroit Woman Pleads Guilty in Heroin Distribution SchemeRead the Press Release
JOHNSTOWN, Pa. - A Michigan woman pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
Megan Holton, 27, of Detroit, Mich., pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, from the spring of 2011 to May 15, 2012, Holton, along with co-defendants, conspired to distribute and possess with intent to distribute heroin.
Judge Gibson scheduled sentencing for Oct. 16, 2013, at 10:30 a.m. The law provides for a maximum total sentence of 20 years in prison and a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, the Pennsylvania State Police and the Indiana Police Department conducted the investigation that led to the prosecution of Holton. Other agencies participating in this investigation included the Pennsylvania Attorney General’s Office, the Cambria County Drug Task Force, the Cambria County Sheriff’s Department, the Cambria County District Attorney’s Office, the Indiana County Drug Task Force, and the Indiana County District Attorney’s Office.
Detroit Man Caught Carrying Bag of Painkiller Pills from Greyhound Station Sentenced to 5 Years in Federal PrisonRead the Press Release
CHARLESTON, W.Va. – A Detroit man who arrived at a Charleston Greyhound Bus Station in February 2012 with a bag of illegal prescription painkillers was sentenced today to five years in federal prison, announced U.S. Attorney Booth Goodwin. Deangelo Cann, 23, previously pleaded guilty in August 2012 to interstate travel to promote drug activity. On February 7, 2012, Cann traveled by Greyhound Bus from Detroit to Charleston in possession of oxymorphone, also known as “Opana” and oxycodone pills. After arriving in Charleston, Cann left the Greyhound bus terminal carrying pills that were hidden inside of a dark gray bag. As Cann exited the bus station, he was approached by a uniformed police officer. Upon seeing the approaching officer, Cann immediately began to run with the bag. During the pursuit, Cann attempted to throw the bag. The bag of prescription painkillers was later recovered by police and Cann was arrested. Cann told police that he intended to both use and sell the pills.
The recovered pills were submitted to the West Virginia State Police lab and proved to contain oxymorphone and oxycodone.
The Metropolitan Drug Enforcement Network Team (MDENT) and the Charleston Police Department conducted the investigation. Assistant United States Attorney John Frail handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Department of Justice Releases Report to Congress on Indian Country Investigations and ProsecutionsRead the Press Release
The Department of Justice released today a report to Congress entitled Indian Country Investigations and Prosecutions which provides a range of enforcement statistics required under the Tribal Law and Order Act of 2010. The report, based on data compiled from the case management system used by U.S. Attorney’s Offices (USAO) with Indian Country jurisdiction shows among other things a 54 percent increase in Indian Country criminal prosecutions since Fiscal Year 2009.
“Across the country, U.S. Attorneys have been focused on fighting crime in Indian Country and reinforcing the bond between federal and tribal law enforcement, which also strengthens the faith that people have in their criminal justice system,” said Attorney General Eric Holder. “This report on federal law enforcement efforts in Indian Country is beginning to show the fruits of this labor with an increase in Indian Country cases prosecuted in federal courts over the past three years, but we have more work to do. The department will continue in its commitment to working with our tribal partners to build safe, sustainable, and healthy communities in American Indian and Alaska Native communities.”
“Every day, the men and women from U.S. Attorney’s Offices who prosecute violent crimes in Indian Country work hard to improve public safety in those communities,” said Timothy Purdon, U.S. Attorney for the District of North Dakota and Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues. “The notable increase in prosecutions of Indian Country crime described in this report are the result of the many initiatives led by U.S. Attorney’s Offices across the country, including community prosecution strategies that place federal prosecutors on the reservations on a frequent basis to enhance criminal investigations and communication, and Tribal Special Assistant U.S. Attorney programs that have enhanced coordination with cross-deputized tribal prosecutors. These efforts and the resulting increase in prosecutions are a testament to the Justice Department’s commitment to public safety in Indian Country and they are an encouraging step toward safer, stronger native communities.”
“The FBI has a sustained commitment to enhancing public safety in Indian Country,” said FBI Assistant Director Ron Hosko. “As this report demonstrates our investigative strategy is focused on fully leveraging vital partnerships with federal, state, local and tribal agencies to address violent crime and victimization in tribal communities. This approach not only produces investigative results in the short term but also develops the trust and collaboration necessary to ensure sustained enhancements to public safety in the long term.”
The information contained in the report shows the following:• The Justice Department’s prioritization of Indian country crime has resulted in a notable increase in commitment to overall law enforcement efforts in Indian country. Caseloads have increased overall from 1,091 cases filed in fiscal year (FY) 2009 to 1,138 in FY 2010 to 1,547 in FY 2011 to 1,677 in FY 2012. This represents a nearly 54 percent increase in the Indian country crime caseload.
• USAO data for calendar year (CY) 2011 indicate that just under 37 percent (1,041) of all Indian Country submissions for prosecution (2,840) were declined by USAOs. In CY 2012, USAOs declined approximately 31 percent (965) of all (3,145) Indian Country submissions for prosecution. Overall, a substantial majority of Indian Country criminal cases opened by USAOs were prosecuted.
• The most common reasons for declination by USAOs were insufficient evidence (61 percent in CY 2011 and 52 percent in CY 2012) and referral to another prosecuting authority (19 percent in CY 2011 and 24 percent in CY 2012).
• The most common reasons investigations during calendar years CY 2011 and 2012 were not referred included deaths determined to be due to non-criminal causes (e.g., natural causes, accidents, suicides) and allegations in which there was insufficient evidence to prove criminal activity.
•The report shows a new era of partnership between the federal government and American Indian tribes, including an unprecedented level of collaboration with tribal law enforcement. The increase in collaboration and communication strengthens the bond of trust between federal and tribal investigators, prosecutors, and other personnel in both federal and tribal criminal justice systems, and it will make communities safer as a result.
Read the entire report at www.justice.gov/tribal/tloa-report-cy-2011-2012.pdfRead about the Justice Department’s efforts to increase public safety in Indian County at www.justice.gov/tribal/accomplishments.html
Cyber-sting Nets Chinese National in Attempt to Export Sensitive Defense TechnologyRead the Press Release
Earlier today, Lisong Ma, a citizen of China, pled guilty at the federal courthouse in Brooklyn, New York, to violating the International Emergency Economic Powers Act by attempting to export weapons-grade carbon fiber from the United States to China. According to court filings and facts presented during the plea proceeding, Ma was arrested after attempting to close a deal to acquire and export the specialized materials, which have applications in the defense and aerospace industries and are therefore controlled for export by the United States Department of Commerce.
The plea was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; James T. Hayes, Jr., Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI), New York; Kenneth J. Siegler, Resident Agent-in-Charge of the Defense Criminal Investigative Service (DCIS), New York Resident Agency; and Sidney Simon, Special Agent-in-Charge, U.S. Department of Commerce (DOC), Office of Export Enforcement, New York Field Office.
During the investigation, federal agents tasked with protecting sensitive technology maintained a covert cyber-presence on web sites related to the brokering, purchase and sale of controlled commodities. In February 2013, the defendant, using the name “Ma Li,” e-mailed an undercover agent and indicated that he was interested in acquiring several different types of high-grade carbon fiber. Then, through various online communications, the defendant attempted to negotiate the purchase of five tons of carbon fiber. Based on a review of Internet Protocol log-in information, investigators discovered that the defendant was communicating from the People’s Republic of China.
On March 12, 2013, the defendant and undercover agents engaged in an online video teleconference session, which was recorded. During the teleconference, the defendant and the undercover agents discussed the license requirement to export certain types of carbon fiber from the United States. One of the agents told the defendant: “We can’t send this to China without an export license, otherwise we risk going to jail.” The defendant then told agents that he would soon be traveling to the United States, and arranged a meeting to further discuss the terms of a deal. On March 27, 2013, the defendant met with undercover agents in the United States. During the meeting, which was covertly recorded, the defendant requested a sample of carbon fiber, because it was “easier” and “safer” to ship, and later commented: “There is a greater chance that the authorities will arrest you if you get a third party involved. That is why it’s better to go directly from the U.S. to China.”
The defendant ultimately decided to ship a sample of weapons-grade, Toray-type T-800 carbon fiber from the United States to China. He paid the undercover agents and placed the material into a plain brown box. Ma falsely indicated on the waybill and invoice that the package contained “clothing.” After the defendant finished packing the box and completing the shipping forms, the package was transported to a courier service, to be shipped to China. The package was thereafter intercepted by agents before it could be exported. Agents also intercepted and arrested the defendant shortly thereafter, as he transited Los Angeles International Airport on his way to Shanghai. He was then removed in custody to Brooklyn.
Certain types of carbon fiber, such as the type defendant Ma sought to acquire in this case, are closely controlled to protect national security. The regulation of carbon fiber falls under the jurisdiction of the Department of Commerce, which reviews and controls the export of certain goods and technology from the United States to foreign countries. In particular, the Commerce Department has placed restrictions on the export of goods and technology that it has determined could make a significant contribution to the military potential or nuclear proliferation of other nations, or that could be detrimental to the foreign policy or national security of the United States.
Carbon fiber composites are ideally suited to applications where strength, stiffness, lower weight, and outstanding fatigue characteristics are critical requirements. These composites also can be used in applications where high temperature, chemical inertness, and high damping are important. The two main applications of carbon fiber are in specialized technology, which includes aerospace and nuclear engineering, and in general engineering and transportation. In addition, certain carbon fiber-based composites, such as the material sought by the defendant, are used in military aircraft and unmanned aerial vehicles. Due to the scarcity of these types of materials, they command high prices on the open market and are highly sought after.
“The defendant tried to circumvent laws that protect our national security by preventing specialized technologies from falling into the wrong hands. The defendant was bent on exporting to China up to five tons of weapons-grade carbon fiber -- enough carbon fiber to stretch from Brooklyn to the Pacific Ocean,” stated United States Attorney Lynch. “Today’s conviction should leave no doubt that the United States will use every available technique, including covert cyber operations, to maintain the superiority of our nation’s armed forces.” Ms. Lynch praised the level of inter-agency cooperation in this case, and added that the government’s investigation is ongoing.
“Today’s conviction highlights the reality that even the most relentless of efforts to unlawfully acquire sensitive American technology will be foiled,” said HSI Special Agent in Charge Hayes. “This investigation provides a great example of how HSI and federal law enforcement are meeting the threat posed by tech savvy international smugglers head-on.”
“This plea demonstrates our resolve to investigate and prosecute those who choose to violate U.S. export control laws. We are proud to work with our law enforcement partners in protecting national security and leveling the playing field for legitimate commerce,” said DOC Special Agent-in-Charge Simon.
“This investigation demonstrates the continued commitment of the Defense Criminal Investigative Service, in cooperation with our law enforcement partners and the U.S. Attorney’s Office, to aggressively pursue those intent on acquiring and illegally exporting military grade materials. Too often these sensitive items find their way into the hands of adversaries and therefore present a potential threat to National Security and America’s war fighters.” stated DCIS Resident Agent-in-Charge Siegler.
Today’s plea took place before United States Magistrate Judge Vera Scanlon When sentenced, Ma faces up to 20 years in prison, as well as forfeiture and a fine of up to $1 million.
The government’s case is being prosecuted by Assistant United States Attorney Seth DuCharme, with assistance from Trial Attorney David Recker of the Department of Justice Counterespionage Section.
The Defendant:
LISONG MA
Age: 34Court Approves Consent Decree to Prevent and Address Racial Discrimination in Student Discipline in Meridian, Miss.Read the Press Release
The U.S. District Court for the Southern District of Mississippi today approved a landmark consent decree filed by the Justice Department, together with private plaintiffs and the Meridian Public School District in Meridian, Miss., to prevent and address racial discrimination in student discipline. The consent decree is a far-reaching plan to reform discipline practices, including suspensions, expulsions and school-based arrests that unlawfully channel black students out of their classrooms and, too often, into the criminal justice system.
“The consent decree approved by the court today will propel meaningful reform in Meridian schools and serve as a blueprint for school districts across the country,” said Jocelyn Samuels, Principal Deputy Assistant Attorney General for the Civil Rights Division. “We commend the Meridian Public School District for its commitment to keeping its students in safe and inclusive classrooms, and out of the school-to-prison pipeline.”
The consent decree amends a longstanding federal school desegregation decree enforced by the United States, which prohibits the district from discriminating against students based on race.The district has already started to take action to implement the consent decree, which requires it to:
• Limit discipline that removes students from classrooms, such as suspensions, expulsions and alternative placement, as well as end exclusionary consequences for minor misbehavior; • Expand use of a proven behavior management approach known as positive behavior intervention and supports and train teachers and administrators so they have the tools necessary to safely and effectively manage their classrooms and schools; • Prevent school officials from involving law enforcement officers when a student’s behavior can be safely and appropriately handled under school disciplinary procedures; • Provide training for school law enforcement officers on bias-free policing, child and adolescent development and age appropriate responses, practices proven to improve school climate, mentoring and working with school administrators; • Create clear entry and exit criteria at the alternative school and provide support to facilitate students’ transitions back to their home schools; • Enhance due process protections in student discipline hearings; • Monitor discipline data to identify and respond to racial disparities; and
• Engage families and communities as partners in revising policies and through regular school and community forums.“This consent decree is a major stride toward equal justice and equal opportunity for all students in Meridian,” said Gregory K. Davis, United States Attorney for the Southern District of Mississippi. “The court’s order is a powerful reminder to schools that they may not discriminate against students on the basis of race or another protected status in administering discipline.”
The department filed a related case against the Meridian Police Department, the Lauderdale County Youth Court and the State of Mississippi in October 2012, alleging that those defendants systematically violate the due process rights of students referred by the district. That case remains pending in the United States District Court for the Southern District of Mississippi.
The enforcement of Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, among other bases, in public schools is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Corpus Christi Jury Convicts Houston Man of Marijuana TraffickingRead the Press Release
CORPUS CHRISTI, Texas – A federal jury in Corpus Christi has found Luis Perez-Barocela guilty for his participation in a large drug trafficking conspiracy, United States Attorney Kenneth Magidson announced today. The jury returned its verdict just a short time ago after three days of trial and less than three hours of deliberation.
Perez-Barocela, 37, of Houston, was convicted of conspiracy to possess with the intent to distribute more than 1000 kilograms of marijuana from October 2011 until his arrest on Oct. 24, 2012.
Evidence at trial established that the organization moved large amounts of marijuana in tractor-trailers hauling produce through the Falufurrias Border Patrol checkpoint and on to other major cities within the United States. From October 2011 until April 2012, approximately 3,000 kilograms of marijuana was seized. Those seizure have, to date, resulted in the convictions of three tractor-trailer drivers, Jose Benitez, 46, of Houston, Ernesto Cabrera-Enriquez, 39, of Miami, Fla., Noe Galindo, 37, of Weslaco, as well as co-defendants Raul Peraza-Trejo, 44, of Miami, and Oscar Quijano, 43, of Dallas.
The government proved Peraza-Trejo would procure large loads of marijuana in the Rio Grande Valley, while Perez-Barocela was responsible for recruiting drivers. He and his co-defendants were also tasked with escorting the loads through the checkpoint while safely situated in other passenger vehicles and maintaining contact with the drivers by phone. Jurors also learned Quijano provided the organization with his tractor-trailer on several occasions for use in the smuggling venture.
Drivers Benitez, Cabrera-Enriquez, Galindo and others provided testimony that they were each recruited by Perez-Barocela and offered between $15,000 and $55,000 to drive approximately 700 pounds of marijuana through the checkpoint and on to various cities within the United States. However, they learned upon their arrest that they had actually been hauling between 1,200 and 2,800 pounds.
Agents with the Drug Enforcement Administration (DEA) and Homeland Security Investigations (HSI) testified as to photographs showing Perez-Barocela, his co-defendants and/or vehicles associated with the defendants passing through the checkpoint often within minutes of load vehicles. Additionally, the jury heard testimony regarding cellular telephone records that demonstrated contact between Perez-Barocela and the drivers in the days and weeks leading up to their arrest.
Senior U.S. District Judge John Rainey, who presided over the trial, has set sentencing for Aug. 19, 2013, at which time Perez-Barocela faces a minimum of 10 years and up to life in prison as well as a $10 million fine. He will remain in custody pending that hearing. All other co-defendants and co-conspirators are awaiting sentencing.
The case was investigated by DEA, HSI and Border Patrol. Assistant United States Attorney Jeffrey D. Preston is prosecuting the case.
Corey Moore Sentenced to over 22 Years in Prison on Federal Drug and Gun ChargesRead the Press Release
Greenbelt, Maryland - U.S. District Judge Alexander Williams, Jr. sentenced Corey Moore, age 37, of Takoma Park, Maryland, today to 271 months in prison followed by five years of supervised release for possession with intent to distribute controlled substances, specifically cocaine and phencyclidine (PCP); possession of firearms in furtherance of a drug trafficking crime; and being a felon in possession of guns and ammunition.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief Alan Goldberg of the Takoma Park Police Department; Chief J. Thomas Manger of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.
“Corey Moore will no longer sell drugs and foment violence on the streets of Maryland and D.C.,” said U.S. Attorney Rod J. Rosenstein.
According to evidence presented at his one week bench trial, on September 25, 2010, Moore possessed with intent to distribute powder cocaine, which was recovered by Takoma Park police after a chase. In addition, on September 27, 2010, police executed a search warrant at Moore’s residence and seized one kilogram or more of PCP, which Moore intended to distribute, as well as a .44 caliber, semi-automatic pistol, a.38 caliber revolver, and six rounds of .38 caliber ammunition. Trial testimony showed that Moore possessed the guns to further his drug trafficking and that Moore was prohibited from possessing the guns and ammunition due to a previous felony conviction.
United States Attorney Rod J. Rosenstein praised ATF, the Takoma Park Police Department, Montgomery County Police Department and the Montgomery County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Steven E. Swaney and Mara Zusman Greenberg, who prosecuted the case.
Coeur D'Alene Man Pleads Guilty to Possessing More Than 3,500 Images of Child PornographyRead the Press Release
COEUR D’ALENE – Brian Daniel Rowe, 28, of Coeur d’Alene, Idaho, pleaded guilty yesterday in United States District Court in Coeur d’Alene to possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Rowe was charged by indictment on January 15, 2013.
According to the plea agreement, Rowe admitted that in July 2012, he possessed a computer and a smart phone that contained more than 3,500 sexually explicit images of minors. When Rowe was interviewed by investigators, he admitted that he had been downloading sexually explicit images of minors for years.
Authorities were alerted to Rowe’s illegal behavior earlier in 2012, when they received information that Rowe was making child pornography available to others on an Internet peer-to-peer network. Following an investigation, investigators executed a search warrant at Rowe’s residence and seized computers and his smart phone.
The charge of possessing sexually explicit images of minors is punishable by up to 10 years in prison, a maximum fine of $250,000, and a minimum term of five years up to lifetime supervised release. The government is seeking forfeiture of the computer equipment used in the offense.
Sentencing is set is set for August 19, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
“Those who victimize children by possessing and distributing images of children being sexually abused will be identified, investigated and prosecuted,” said Olson. “Today’s guilty plea sends the strong message that law enforcement throughout Idaho will work in an efficient and coordinated manner to bring these predators to justice.”
The case was investigated by the Idaho Attorney General’s Office, Meridian Police Department, Coeur d’Alene Police Department, Nampa Police Department, Kootenai County Prosecutor’s Office, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and United States Secret Service. The agencies are members of the Idaho Internet Crimes Against Children (ICAC) Task Force, a statewide coalition of local, state and federal law enforcement and prosecution agencies focused on apprehending and prosecuting individuals who use the Internet to criminally exploit children. For more information about the Idaho ICAC Task Force and a list of participating agencies, visit www.icacidaho.org.
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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Clearwater Man Sentenced to Eight Years for Stolen Identity Refund FraudRead the Press Release
Tampa, Florida - U.S. District Judge James D. Whittemore sentenced Carlos Johnson yesterday to eight years in federal prison for wire fraud and aggravated identity theft. As part of his sentence, the court also entered a money judgment in the amount of $431,625.00, the proceeds of the offenses. Johnson was also ordered to forfeit a Cadillac and a Dodge Charger that were purchased with the fraud proceeds. Johnson pleaded guilty on February 26, 2013.
According to court documents, Johnson engaged in stolen identity tax refund fraud from as early as July 2011 through October 2012. More than 170 fraudulent tax returns were electronically filed from his residence during this period. Johnson was also tied to additional returns based on his use of debit cards containing fraudulently obtained tax refunds. Johnson used the fraudulently obtained money from the U.S. Treasury for cars and travel, including a Cadillac CTS and a stay at the Bellagio Hotel in Las Vegas, Nevada.
This case was investigated by the Internal Revenue Service Criminal Investigation, and the Clearwater Police Department. It was prosecuted by Assistant United States Attorney Sara C. Sweeney.
Chicago Man Sentenced to 23 Years in Prison for Attempted Bombing on Crowded Street Near Wrigley Field in September 2010Read the Press Release
CHICAGO — A Chicago man was sentenced today to 23 years in federal prison for placing a backpack that he thought contained a powerful explosive device into a curbside trash container on a crowded street near Wrigley Field in September 2010. The defendant, SAMI SAMIR HASSOUN, pleaded guilty in April 2012 to one count each of attempted use of a weapon of mass destruction and attempted use of an explosive device, and faced between 20 and 30 years in prison under the terms of his plea agreement.
Hassoun, 25, a Lebanese citizen and permanent resident alien who formerly resided on the city’s north side, has remained in federal custody since he was arrested during the very early morning on Sept. 19, 2010. The purported bomb was actually an inert device that was provided by undercover FBI agents, who were investigating and monitoring Hassoun’s proclaimed determination to commit acts of violence in Chicago for monetary gain and to cause local political instability.
“The thought of what might have happened if it was real is horrific,” said U.S. District Judge Robert Gettleman, who ordered Hassoun placed on five years of supervised release following his prison term and noted that he will be subject to deportation when he is released.
As a result of the undercover investigation, Hassoun never posed any actual imminent danger, but his guilty plea made clear that he intended to cause mass casualties and had rejected opportunities to walk away from the plot. He chose the particular location and time of the proposed attack – the 3500 block of North Clark Street and late on a Saturday night – because it presented the opportunity to inflict a greater number of casualties. There was a concert at Wrigley Field on Saturday night, Sept. 18, 2010, just before he was arrested.
“If the bag that Hassoun left in that Clark Street trash receptacle had contained the type of explosive device that he thought it did, the results would have been horrific,” said Gary S. Shapiro, United States Attorney for the Northern District of Illinois. “In conversation after conversation, Hassoun made clear that he was willing to bomb innocents and shoot police officers as part of a bizarre effort to destabilize the City of Chicago. And his actions demonstrated that his words were more than empty bravado,” Mr. Shapiro said.
“I am proud of the work done by a talented investigative team in preventing Hassoun from carrying out his intended act of great violence. I am also grateful to the dedicated prosecution team for their role in bringing Hassoun to justice. We remain vigilant in our mission to prevent attacks against Americans and to identify and hold accountable individuals and groups involved in the planning and execution of such attacks,” said Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The investigation was conducted by the Chicago FBI’s Joint Terrorism Task Force, which consists of FBI special agents, Chicago police officers, and other federal, state and local law enforcement agencies.
In pleading guilty, Hassoun admitted telling a law enforcement cooperating source (CS) in early June 2010 that he wanted to commit acts of violence in Chicago and suggested bombing the commercial area surrounding Wrigley Field as one option. Hassoun said that an attack against such an entertainment center could “paralyze” Chicago commerce. The CS told Hassoun that he/she had friends willing to help Hassoun to perpetrate such an attack. Hassoun and the CS continued to discuss Hassoun’s terrorist attack ideas during the following weeks, and Hassoun indicated that he wanted to meet the CS’s contacts and was anxious to act against Chicago.
On July 8, 2010, the CS introduced Hassoun to an undercover FBI task force officer posing as one of the CS’s purported contacts, and Hassoun said that he believed that a series of escalating violent acts could be used to undermine the city’s political establishment. When asked what he was personally willing to do, Hassoun indicated that he was willing to facilitate a car bombing or attacks against Chicago police officers. When asked later if he was concerned about the victims of such violence, Hassoun said that casualties were the inevitable result of what he termed “revolution.”
On July 21, 2010, an undercover FBI agent was introduced to Hassoun as a “good friend” and “brother,” and Hassoun discussed his idea of a series of escalating violent attacks to damage Chicago’s sense of security, its economy, and trust in leadership. He identified Chicago entertainment establishments, civic buildings, commercial high-rises, and transportation infrastructure as potential targets, the plea agreement states.
During this meeting, the undercover agents gave Hassoun a digital camcorder to videotape potential targets. Hassoun traveled to the area around Wrigley Field and filmed potential targets on Aug. 8, 12 and 14, 2010, focusing on the bars, restaurants and potential security in the area. As he filmed, Hassoun commented on the potential tactical advantages and risks of perpetrating an attack at the various locations he observed. Also during the July 21 meeting, Hassoun asked the undercover agents effectively to employ him planning the bombing, and from July 21 to Sept. 18, 2010, they paid Hassoun $2,700.
On Aug. 16, 2010, Hassoun met with the agents and debriefed them on his reconnaissance efforts. He gave them the camcorder and after reviewing the videos, they all discussed the areas that could be targeted to cause maximum casualties with minimum operational difficulty and risk. On Aug. 31, 2010, Hassoun and the undercover agents traveled to Hassoun’s chosen location, which Hassoun said would be crowded with bar patrons.
At a prearranged meeting on the night of Sept. 18, 2010, at a hotel in Rosemont, the undercover agents provided Hassoun with a shopping bag and a backpack that contained the purported bomb. While driving together to the target area, one of the agents explained to Hassoun that the bomb was surrounded by ball-bearings and that its blast could destroy up to half a city block. As they approached the area, one of the agents told Hassoun that he was setting the bomb’s timer for 20 minutes, but Hassoun said that was too long. The agent and Hassoun then set the timer together and activated the purported bomb’s arming mechanism in Hassoun’s presence. They arrived near the target location at approximately 12:10 a.m. on Sunday Sept. 19 and parked about a block away. As planned, Hassoun exited the vehicle with the shopping bag containing the backpack and purported explosive device, walked a short distance, and deposited what he thought was the armed bomb into the trash container on the crowded sidewalk.
The government was represented by Assistant U.S. Attorneys Joel Hammerman and Tinos Diamantatos.
Charleston Man Pleads Guilty for Violating Sex Offender Registration LawsRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Charleston man pleaded guilty in federal court for failing to register as a sex offender as required by the Sex Offender Registration and Notification Act (“SORNA”). Samuel Bailey Jr., 52, of Charleston, pleaded guilty in federal court in Charleston.
On February 5, 1979, Bailey was convicted in the Supreme Court, Monroe County, New York, of first degree rape. As a result of this sex offense conviction, Bailey was required to register as a sex offender for life.
Bailey registered as a sex offender in West Virginia on July 13, 2011. An investigation revealed that in September 2012, Bailey traveled from West Virginia to Ohio, where he resided in and around Columbus, Franklin County, Ohio until March of 2013. Following his travel to Ohio, Bailey was required to update his sex offender registration under SORNA. Bailey failed to register as a sex offender in Ohio for the six months he resided there. The defendant also failed to update his sex offender status in West Virginia.
Bailey faces up to 10 years in prison and a $250,000 fine when he is sentenced on September 12, 2013 by United States District Judge Thomas E. Johnston.
The United States Marshals Service conducted the investigation. The West Virginia State Police and the City of Columbus Police Department also assisted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution.
This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
The Sex Offender Registration and Notification Act which is Title I of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States.
Carbon County Woman Sentenced to Prison for Federal Cocaine Trafficking ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Carbon County woman was sentenced today by Senior United States District Judge Edwin M. Kosik to serve 60 months in prison on the charge of conspiracy to distribute cocaine.
According to United States Attorney Peter J. Smith, Bonnie Vosburgh, age 23, of Nesquehoning, Carbon County, previously admitted to participating in a conspiracy to distribute crack cocaine and powder cocaine in the Carbon County area between January of 2011 and December of 2012.
In addition to the prison term, Senior Judge Kosik also ordered that Vosburgh be supervised by a probation officer for four years following her prison sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Nesquehoning and Lansford Police Departments in Carbon County.
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
Cannonball Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on May 30, 2013, Maureen Red Stone, 30, Cannonball, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault with a dangerous weapon. Red Stone pleaded guilty to the charge on Dec. 18, 2012.
Judge Hovland sentenced Red Stone to two years in federal prison, to be followed by three years of supervised release. Red Stone was ordered to pay a $100 special assessment to the Crime Victim’s Fund and $2,008.58 in restitution.
On Sept. 29, 2012, Red Stone got into an argument with a man. Red Stone entered her van and drove toward the man and struck him with the front of the van. The man’s injuries were not life threatening.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency, with the assistance of the Standing Rock Tribal Prosecutor’s Office.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
California Man Sentenced on Drug Conspiracy ChargesRead the Press Release
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Benito Ruiz-Landa, 48, of Hesperia, California, who was convicted of conspiracy to distribute cocaine, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that between January 2008 and June 2010, the defendant along with co-conspirator Miguel Robles-Diaz, while living in California, received shipments of cocaine from Mexico. The two defendants then distributed the cocaine throughout the United States, including the Buffalo area. Ruiz-Landa was arrested in New York City in June 2010 following a wiretap operation which recorded a conversation involving the defendant and the sale of a kilogram of cocaine.
Miguel Robles-Diaz pleaded guilty to a similar charge and was sentenced to 33 months in prison in April 2013.
Following the completion of his federal sentence and after a state charge in New York City is resolved, Ruiz-Landa will be deported back to his native country of Mexico.
The sentencing was the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Region.
Buffalo Man Sentenced for Possession of Child PornographyRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Kevin Baron, 43, of Buffalo, N.Y., who was convicted of possession of child pornography, was sentenced to 168 months in prison and 10 years of supervised release by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on March 9, 2012, the defendant possessed images of child pornography on his personal computer and on DVDs. A forensic analysis of the computer and disks revealed in excess of 600 images of child pornography. The analysis also revealed that a privacy and cleaning software had been installed and was run on February 18, 2012 and February 28, 2012. Some of the images contained depictions of violence against children.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, along with Officers of the Cheektowaga Police Department, under the direction of Police Chief David Zack and Buffalo Police Department, under the direction of Commissioner Daniel Derenda. Additional assistance was provided by the Western New York Regional Computer Forensics Laboratory, which conducted the forensic analysis of the computer.British National Pleads Guilty to a Customs ViolationRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Gary Hyde, 44, of York, England, pleaded guilty to a charge of removing and altering country of origin markings on imported articles and was sentenced to time served by U.S. District Judge Charles J. Siragusa. Hyde, who is currently serving a sentence of seven years in prison in England for his involvement in a separate illegal arms transaction, appeared through his attorney.
Assistant U.S. Attorney Bret A. Puscheck, who handled the case, stated that the defendant jointly owned, along with German national Karl Kleber, Jago Ltd., a company based in Great Britain that buys and sells arms. In 2007, the defendants obtained approximately 6,000 75 round capacity AK-47, rifle drum magazines from a Chinese arms manufacturer that were to be produced with no Chinese markings on the magazines or their containers. In March 2008, while Karl Kleber had sole physical custody of these Chinese-manufactured gun magazines in Germany, Kleber agreed to sell the drum magazines to American Tactical Imports, Inc. (“ATI”), of Rochester, an arms and munitions wholesale distributor.
In August 2008, 5,760 of these Chinese-manufactured, 75 round capacity, AK-47 rifle drum magazines bearing no Chinese country of origin marks were shipped from Germany by Kleber to ATI. Prior to shipping the defendants agreed to the arrangements for sending the drum magazines to ATI for resale while both were aware that Chinese-manufactured drum magazines could not be imported into the United States. In September 2008, the drum magazines were imported into the United States and delivered to ATI in Rochester.
In February 2011, Karl Kleber was convicted of smuggling goods into the United States and is awaiting sentencing.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge, James C. Spero, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Scott Heagney.
A third defendant, Paul Restorick, was also arrested in this case and the charges against him are pending.Bridgeport Man Charged with Delivering Hand Grenade Concealed in Coffee Cup to Bridgeport PoliceRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the FBI, and Bridgeport Police Chief Joseph L. Gaudett, Jr., announced that MORRIS A. ROBERTS, 42, of Bridgeport, was arrested today on a federal criminal complaint charging him with delivering a modified hand grenade concealed in a coffee cup to the Bridgeport Police Department in February.
ROBERTS was arrested this morning at his residence. He appeared before United Magistrate Judge William I. Garfinkel and has been ordered detained.
As alleged in the criminal complaint, in the morning of February 27, 2013, outside of the Bridgeport City Hall annex located at 999 Broad Street, ROBERTS handed a paper coffee cup to a witness and asked the witness to deliver the coffee cup to Bridgeport Police Department’s Office of Internal Affairs (OIA). The witness subsequently delivered the cup. When a police officer assigned to OIA looked in the cup, the officer discovered a modified hand grenade and notified the Emergency Operations Center. Law enforcement officers, including the Connecticut State Police Emergency Service Unit, responded to the scene, the building was evacuated and the grenade was safely removed.
Subsequent examination of the grenade determined that it would not have detonated due to its poor construction. However, explosive black powder, which is not normally present in the type of device found, had been added to the grenade.
The investigation has included analysis of several videos recorded on the morning of February 27 in the area of 999 Broad Street.
The criminal complaint charges ROBERTS with possession of an explosive by a previously convicted felon, and with making a threat or conveying false information concerning an attempt to kill, injure or intimidate a person or unlawfully damage any building by means of an explosive. Each charge carries a maximum term of imprisonment of 10 years.
Acting U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force, the Bridgeport Police Department and the Connecticut State Police. The FBI’s JTTF includes participants from the Department of Homeland Security, Homeland Security Investigations, Internal Revenue Service – Criminal Investigation, Naval Criminal Investigative Service, Connecticut State Police, Bridgeport Police Department, Norwich Police Department and the New York Police Department.
This case is being prosecuted by Assistant United States Attorney Anastasia E. King.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Baltimore Man Exiled to 9 Years in Prison for A Series of Armed Commercial RobberiesRead the Press Release
Baltimore, Maryland - U.S. District Judge Ellen L. Hollander sentenced Monzell Lee, age 20, of Baltimore, Maryland, today to nine years in prison followed by five years of supervised release for interference with commerce by robbery and possession of a gun in furtherance of a crime of violence. Judge Hollander also ordered Lee to pay restitution to the victims totaling $1,937.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Baltimore City State’s Attorney Gregg L. Bernstein; and Baltimore Police Commissioner Anthony W. Batts.
According to Lee’s plea agreement, between May 28 and June 11, 2012, Lee participated in four robberies of convenience stores and fast food restaurants in the Baltimore area. In each robbery Lee entered the store with a co-conspirator, who was armed. The co-conspirator brandished the gun at the store employees and Lee and the co-conspirator took cash from the register. A third conspirator, Rico Bias, then drove Lee and the other conspirator away from the scene of each robbery.
Specifically, Lee robbed: the Burger King in the 8300 block of Harford Road in Baltimore on May 28, 2012; the Royal Farms Store in the 1900 block of Belair Road and the Royal Farms Store in the 900 block of West 36th Street, both in Baltimore, on May 29, 2012; and the Wendy’s Restaurant in the 3600 block of Washington Boulevard in Elkridge on June 11, 2012.
Bias, age 34, also of Baltimore, previously pleaded guilty to conspiring to commit a commercial robbery and the gun charge and is scheduled to be sentenced on June 21, 2013 at 11:30 a.m.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore Police Department and Baltimore City State’s Attorney's Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney A. David Copperthite, who prosecuted the case.
Athaliah Venus Allison Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on May 30, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, ATHALIAH VENUS ALLISON, a 36-year-old resident of Belgrade, pled guilty to (2) counts of wire fraud and (1) count of aggravated identity theft. Sentencing has been set for September 13, 2013. She is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
ALLISON was the bookkeeper for Big Sky Asphalt in Bozeman from the summer of 2008 through the summer of 2012. Her work was predominantly seasonal and there were periods of time when she was employed essentially 40 hours per week and other periods where she was employed fewer than 40 hours per week, if at all.
In approximately July 2008, ALLISON began embezzling from the company by writing and signing unauthorized company checks to herself and to other entities and making unauthorized credit card purchases using the US Bank company credit card. The loss to Big Sky Asphalt is approximately $318,166.04 ($68,503.81 in check fraud and $249,662.23 in credit card fraud).
The owners of Big Sky Asphalt found out about the embezzlement when ALLISON confessed around Labor Day 2012 that she had used the company credit card to pay for her husband's substance abuse treatment in Billings. ALLISON was very upset and agreed to pay back the $6,700 charge. Later that same week, ALLISON called the wife of one of the owners of Big Sky Asphalt and told her that the credit card was due and the balance was $3,426. The owner's wife called US Bank directly to pay over the phone and was informed that the balance was $10,777, so she went to ALLISON's house to get the statement and noticed that it said $3,426. Based on the discrepancy, the owner's wife ordered transaction histories for the US Bank account dating back to December 2008.
The owner's wife audited the credit card statements and discovered $249,662.23 in unauthorized purchases, including $39,544.11 to Blanchford Landscaping. Additional investigation revealed that ALLISON approached the owner of Blanchford Landscaping, for whom she also worked as bookkeeper, in approximately July 2011 and offered to pay the company's bills with a low-interest, high-limit credit account, which turned out to be Big Sky Asphalt's US Bank credit card.
ALLISON also wrote checks to herself on Big Sky Asphalt's bank account totaling $193,303.81. Even a generous estimate of her actual wages reveals an overpayment of $68,503.81, yielding an approximate total loss amount of $318,166.04 for both the credit card and check fraud. The checks that ALLISON wrote to herself were often for "reimbursable expenses." The checks also required the signatures of both of the owners of Big Sky Asphalt (J.S. and D.S.), which ALLISON forged. The forgery on October 22, 2008, in connection with ALLISON's negotiation of check number 27462, forms the basis of the identity theft charge in Count III of the Information.
ALLISON changed the address for the US Bank statements without permission, rerouting them to her personal residence. She also had the various accounts combined into one monthly summary. Once she controlled the statements she altered them by digitally removing the unauthorized charges and adding those amounts onto authorized expenditures for purchases made by Big Sky Asphalt's owners. She then removed her personal address from the bill, replaced it with the company address, and made the statements available to the owners for their review.
ALLISON used Big Sky Asphalt's credit card to pay Blanchford Landscaping's bills and then reimbursed herself from Blanchford's checking account. It appears that she charged $39,544.11 in Blanchford bills to the Big Sky Asphalt card.
ALLISON also opened a Staples Citibank account in 2008 in Big Sky Asphalt's name and charged $1,311.90 in expenses to places such as Macy's, Nordstrom, Aeropostale, American Eagle, Babies 'R Us, and Kohl's.
From May 2009 through April 2012, during the same time period that she was embezzling from Big Sky Asphalt, ALLISON was also receiving unemployment benefits from the State of Montana. In June 2009, ALLISON reported to the State that she worked four hours and made $66. That same month, Big Sky Asphalt paid ALLISON $1,072 in wages for 80 hours of work. In August 2009, she reported 12 hours and $180 to the State, but made $2,278 working 181 hours (including overtime) for Big Sky Asphalt.
ALLISON faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release for each count of wire fraud and 3 years in prison, a $250,000 fine and 3 years supervised release for aggravated identity theft.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bozeman Police Department.
Arkansas Woman Indicted for Defrauding Monterey Bay Aquarium Research InstituteRead the Press Release
SAN JOSE – Yesterday, a federal grand jury in San Jose, California, indicted Lisa McMahon, of Mountain View, Arkansas with wire fraud and theft from the Monterey Bay Aquarium Research Institute (MBARI), United States Attorney Melinda Haag announced.
MBARI is a non-profit center for advanced research and education in ocean science and technology located in Moss Landing, California, and supported in part by federal funding. According to the indictment, McMahon was employed at MBARI as a payroll specialist with responsibilities concerning the payment of wages, 401(k) contributions and loans for MBARI employees. The indictment alleges that, from at least 2005 until January of 2012, McMahon devised and executed a scheme to defraud MBARI by altering payroll and 401(k) records to cause and conceal fraudulent payments to her personal accounts. According to the indictment, McMahon caused the transfer of approximately $800,000 of MBARI funds to her personal accounts without the authorization or knowledge of her employer.
McMahon’s initial appearance is scheduled for Thursday, June 6, 2013, at 10:30 am, in front of The Honorable Paul S. Grewal, U.S. Magistrate Judge, in San Jose, California.
The maximum statutory penalty for each count of wire fraud in violation of Title 18, United States Code, section 1343, is twenty years imprisonment and a fine up to twice the pecuniary gain or loss associated with the offense, plus restitution. The maximum statutory penalty for each count of theft from a federal program in violation of Title 18, United States Code, section 666, is ten years imprisonment and a fine up to twice the pecuniary gain or loss associated with the offense, plus restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Philip A. Guentert is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Elise Etter. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Please note, an indictment contains only allegations against an individual and, as with all defendants, McMahon must be presumed innocent unless and until proven guilty.
Amarillo Women Sentenced to Lengthy Federal Prison Sentences for Running Methamphetamine Distribution ConspiracyRead the Press Release
Law Enforcement Discovered More Than 33 Kilograms of Meth in Vehicle
AMARILLO, Texas — Today, Delmy Nohemy Hernandez, 36, aka Delmy Nohemy Pena De Hernandez, was sentenced by U.S. District Judge Mary Lou Robinson to 133 months in federal prison following her guilty plea in March 2013 to one count of conspiracy to possess with intent to distribute methamphetamine. Yesterday, codefendant Lilia Rivera, aka Lilia Rivera-Martinez, 44, was sentenced by Judge Robinson to 97 months in federal prison. Rivera pleaded guilty to the same offense. The announcement was made today by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to documents filed in the case, Rivera was introduced to Hernandez in October 2012 by a mutual friend. Hernandez offered Rivera an opportunity to transport controlled substances. That same month, they began making plans to transport controlled substances by vehicle for a male acquaintance. The controlled substances would be concealed in the vehicle and the women would be paid for transporting it.
In December 2012, Rivera and Hernandez, both residents of Amarillo, went to the Potter County tax office and registered a vehicle in Rivera’s name. The vehicle, a SUV, had been purchased by the male acquaintance who gave them cash to pay for the SUV’s registration, even though he maintained possession of it.
On December 18, 2012, the male acquaintance advised Hernandez and Rivera that they would be making a trip in the SUV to transport a controlled substance. Rivera was to be paid for transporting the substance and Rivera told Hernandez that she would give her some of the money.
On December 20, 2012, Rivera and Hernandez were stopped by law enforcement on U.S. 287 in Carson County, as they were headed to Houston, knowing that they were transporting a controlled substance. During that traffic stop, law enforcement asked the vehicle’s driver, Rivera, for consent to search the vehicle. Subsequently law enforcement discovered 33.6 kilograms of methamphetamine secreted in the vehicle. Rivera and Hernandez were arrested and have been in custody since that time.
The case was investigated by the Drug Enforcement Administration, the Texas Department of Public Safety, the Armstrong and Carson County Sheriff’s Offices and the Amarillo Police Department. Assistant U.S. Attorney Vicki Lamberson was in charge of the prosecution.
Alabama Woman Pleads Guilty in Stolen Identity Refund Fraud SchemeRead the Press Release
Lea’Tice Phillips, of Montgomery County, Ala., pleaded guilty today to one count of wire fraud and one count of aggravated identity theft for her role in a stolen identity refund fraud scheme, the Justice Department and the Internal Revenue Service (IRS) announced today.
According to the court documents, Phillips worked for an Alabama state agency and had access to state databases which contained means of identification of individuals. Between October 2009 and April 2012, Phillips conspired with Antoinette Djonret and others to file false tax returns using stolen identities. On multiple occasions, Phillips accessed a state database to obtain means of identification and used her state email to send means of identification to Djonret. Djonret and others used those means of identification to file false tax returns mostly from Djonret’s residence in Montgomery, Ala. Djonret and her co-conspirators used an elaborate network of individuals to launder the tax refunds. They recruited individuals to purchase prepaid debit cards and to provide the cards to them. Fraudulently obtained tax refunds were directed to the prepaid debit cards that Djonret and her co-conspirators used to obtain the proceeds. Some of the prepaid debit cards were in the name of Phillips. In total, Djonret filed over 1,000 false tax returns that claimed over $1.7 million in fraudulent tax refunds.
The sentencing of Phillips has not yet been scheduled. Phillips faces between two and 22 years in prison, three years of supervised release, restitution, and a maximum fine of $750,000, or twice the loss caused by the offense. Djonret was previously sentenced to 144 months in prison.
The case was investigated by the IRS - Criminal Investigation. Trial Attorneys Jason H. Poole and Michael Boteler of the Justice Department’s Tax Division and Assistant U.S. Attorney for the Middle District of Alabama Todd Brown are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
Alabama Employee Pleads Guilty to Providing Names for A Million Dollar Identity Theft SchemeRead the Press Release
Montgomery, Alabama - On May 30, 2013, Lea’Tice Phillips pleaded guilty to one count of wire fraud and one count of aggravated identity theft for her role in a stolen identity refund fraud scheme, announced United States Attorney George L. Beck, Jr.
According to the court documents, Lea’Tice Phillips worked for an Alabama State agency and had access to state databases which contained means of identification of individuals. Between October 2009 and April 2012, Lea’Tice Phillips conspired with Antoinette Djonret and others to file false tax returns using stolen identities. On multiple occasions, Phillips accessed a state database to obtain means of identification. Phillips used her state email to send means of identification to Djonret. Djonret and others used those means of identification to file false tax returns. Djonret and her co-conspirators filed most of the tax returns from her residence in Montgomery, Alabama. Djonret and her co-conspirators used an elaborate network of individuals to launder the tax refunds. The Defendants recruited individuals to purchase prepaid debit cards and to provide the cards to the Defendant and her co-conspirators. The fraudulent tax refunds were directed to the prepaid debit cards. Djonret and her co-conspirators would then use the prepaid debit cards to obtain the proceeds. Some of the prepaid debit cards were in the name of Lea’Tice Phillips. In total, Djonret filed over 1,000 false tax returns that claimed over $1.7 million in fraudulent tax refunds.
Sentencing has not yet been scheduled. Phillips faces between two and twenty-two years in prison, three years of supervised release, restitution, and a maximum fine of $750,000, or twice the loss caused by the offense. Djonret was previously sentenced to 144 months in prison.
The case was investigated by Special Agents of the IRS - Criminal Investigation. Trial attorneys Jason H. Poole and Michael Boteler of the Justice Department’s Tax Division and Assistant United States Attorney Todd Brown are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found at justice.gov/tax.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Abbeville Drug Distribution Conspirator SentencedRead the Press Release
LAFAYETTE, La. –United States Attorney Stephanie A. Finley announced that Jose Manuel Mojica-Echeverria, 27, of Mexico, was sentenced Wednesday before U.S. District Judge Richard T. Haik to 24 months in prison plus three years supervised release for conspiracy to possess with intent to distribute controlled substances.
According to evidence presented at the guilty plea, Mojica-Echeverria and Ramon Guadalupe Aldama-Rodriguez, who were residing in Lafayette, conspired with two residents of Abbeville, Jesus Silverio Cervantes and Joel Sotomayor Cervantes, on June 13, 2010, to drive a truck loaded with 2 kilograms of cocaine and 360 grams of heroin to Baton Rouge. Aldama-Rodriguez drove the truck, and Mojica-Echeverria rode with him, while Jesus Silverio Cervantes and Joel Sotomayor Cervantes followed in another vehicle. Authorities stopped the truck during a traffic stop. Mojica-Echeverria pleaded guilty on Dec. 17, 2012.
“The successful prosecution of this case is a result local, state, and federal law enforcement agencies working together with our prosecutors to bring drug traffickers to justice,” Finley stated. “These defendants’ attempt to smuggle kilos of cocaine and heroin into the Acadiana region was foiled because of the hard work and dedication of the agencies involved and their commitment to keeping our community safe.”
Mojica-Echeverria was arrested as part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The DEA, the Baton Rouge Police Department and the Vermillion Parish Sheriff’s Office participated in this OCDETF investigation.
The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Assistant U.S. Attorney Brett L. Grayson prosecuted the case.29 Years in Prison for Springfield Man Serving Second Federal Sentence for Cocaine DistributionRead the Press Release
Springfield, Ill. – Senior U.S. District Judge Richard Mills last week sentenced Patrick B. Wallace, 44, of Springfield, Ill., to 288 months (24 years) in prison for dealing crack cocaine in late 2011, to be followed by a consecutive 60 months (5 years) sentence for revocation of supervised release. At the time of the 2011 offense, Wallace remained under supervised release for a prior federal conviction, in 1994, for conspiracy to distribute cocaine.
A jury convicted Wallace on Oct. 16, 2012, for possession with intent to distribute 28 or more grams of crack cocaine in Springfield, Ill., in December 2011. At trial, the government presented evidence that Wallace was responsible for distribution of substantial quantities of mostly crack cocaine in Springfield. Evidence was also presented that during execution of a search warrant at a home in the 700 block of N. 14th Street, officers found that the home was equipped with a large privacy fence and an alarm system with outside surveillance cameras. Inside the home, a 73” flat screen television screen monitored the surveillance cameras. Officers also recovered one-half kilogram (more than 500 grams) of cocaine and crack, and marijuana, as well as a handgun and $4,300.
In 1994, Wallace was sentenced to 200 months (16 years, 8 months) in federal prison, to be followed by 10 years of supervised release, after pleading guilty in the Central District of Illinois to conspiracy to distribute cocaine. Wallace was released from the Bureau of Prisons in July 2008, and remained under supervised release when he was charged in the second case.
The investigation was conducted by the Springfield Police Department and the Drug Enforcement Administration. The case was prosecuted by Assistant U.S. Attorney Timothy A. Bass.12 Individuals Indicted for CarjackingRead the Press Release
SAN JUAN, P.R. – On May 22, 2013, a federal grand jury in the District of Puerto Rico returned multiple indictments against 12 defendants charged with carjacking and firearms offenses, announced today Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. This is the second largest carjacking arrest operation in the District of Puerto Rico. The accusations are the result of a joint effort between the United States Attorney’s Office (USAO), the Puerto Rico Department of Justice, the Federal Bureau of Investigation’s Save Our Streets Initiative (SOS) and the Puerto Rico Police Department (PRPD).
The defendants are: José Canales-Cordova; Wilfredo Jiménez-Torres; Gadiel Lozada-Manzano; Guarionex Pratts Rey; Miguel A. Sànchez-Rivera; Josué E. Aponte-Ramos; Victor J. Romàn Lizardi; Miguel A. Fernàndez-Torres; Luis R. Figueroa-Chévere; and Christopher Pérez-Pontón. These defendants are responsible for many violent crimes within our District, and had committed offenses which until now remained unsolved. Other defendants who allegedly committed the same offenses of carjacking and firearm violations are: Kedwin Rodríguez-Rivera; Roberto Rohena-Villega and Ricardo Urbina-Robles. These individuals were previously indicted in separate accusations.
The SOS agents and the prosecutors in USAO’s Illegal Firearms and Violent Crime Reduction Initiative have filed criminal charges against more than 123 violent offenders for violations to Title 18, United States Code, Section 2119. With these latest charges, the prosecutors in the USAO’s Illegal Firearms and Violent Crime Reduction Initiative have charged approximately 770 violent offenders within the last six months.
“The investigations by the SOS team of FBI special agents and designated PRPD officers will continue into similar crimes in other areas of Puerto Rico,” said US Attorney Rosa Emilia Rodríguez-Vélez. “The collaboration and team work between state and federal law enforcement agencies in the investigation and prompt filing of charges show the immediate results we continue to obtain with this joint initiative.”
“Violent Crimes is one of the priorities for the FBI in San Juan and we'll continue aggressively pursuing it, in partnership with local law enforcement agencies and the United States Attorney’s Office,” said Carlos Cases, Special Agent in Charge of the FBI-San Juan Field Office.
The cases are being prosecuted by Special Assistant U.S. Attorneys: Max Pérez-Bouret, Kelly Zenón-Matos, Amanda C. Soto-Ortega, Normary Figueroa-Rijo, and Vanessa D. Bonano-Rodríguez, under the supervision of Assistant United States Attorney Jose Capó-Iriarte, Chief of the Violent Crimes Unit. If convicted, the defendants could face sentencings from 15 years up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
10 Convicted for Violent Robberies of Area BanksRead the Press Release
HOUSTON – 10 men set for trial this week on charges related to the armed bank robberies of several area financial institutions, including one involving the shooting of an off-duty sergeant, have now been convicted, United States Attorney Kenneth Magidson announced today.
Shelton McGowen, 24, opted to plead guilty before trial was set to begin on Tuesday. During jury selection on Wednesday, seven more entered guilty pleas – Derrick Williams, 28, Marcus Rosemond Tarpley, 32, Reginald Mosley, 37, Joel Keon Jackson, 33, Hakim Ibn Ahmad, 29, Alonzo Horace Harris, 37, and Patrick Wayne Simmons, 29. The final two – Calvin Wesley Gray, 33, pleaded guilty the morning of opening statements, while Dwayne Holmes, 35, entered his guilty plea following the government’s opening remarks and with a witness about to take the stand.
All men were convicted of conspiracy to commit bank robbery, multiple bank robbery charges as well as brandishing and/or discharging a firearm during commission of a violent crime.
An 11th defendant, Anthony Demonde Nowlin, 24, had previously pleaded guilty earlier this year to bank robbery and conspiracy to interfere with commerce through bank robbery.
The government contended in its opening remarks that the defendants were part of a sophisticated criminal organization that planned and executed violent takeover style bank robberies of banks inside grocery stores. The conspiracy began on May 4, 2007, and ended with the arrest of some of the men on Sept. 16, 2011.
According to court records, the defendants would “case” banks and credit unions that were located in grocery stores, using force, violence and intimidation to rob them. During the robberies, which were committed on weekday mornings between 9:00 a.m. and noon, the defendants wore dark clothing, gloves, material over their faces and were armed with semi-automatic pistols, shotguns and Uzi style firearms to intimidate the bank employees. The men would also use stolen vehicles during the robberies to elude law enforcement.
During the Aug. 4, 2011, robbery of Wells Fargo Bank in Sugar Land, the robbers shot an off-duty sergeant with the Harris County Sheriff’s Office who was in the bank on personal business. He survived.
Tarpley, Nowlin, Ahmad, Mosley, McGowen and Williams were arrested on the morning of Sept. 16, 2011, on Interstate 45 North after several were observed both driving and going in and out of a stolen Dodge Intrepid. Officers later observed McGowen enter the Associated Credit Union for the purpose of casing it for a robbery. Law enforcement officers observed several suspicious vehicles one with paper plates near the Kroger that housed the Associated Credit Union on the day of their Sept. 16 arrest. Due to previous robberies of groceries store banks and credit unions, law enforcement had reason to believe that the defendants were about to commit an armed bank robbery.
Further investigation led to the identification of the additional five defendants involved in the scheme resulting in the federal indictment for multiple bank robberies in the greater Houston area. After the dismantling of this 11-man crew, no further violent takeover style bank robberies occurred inside of bank grocery stores.
The conspiracy charge carries as possible punishment a term of five years in federal prison as well as a $250,000 fine. For each conviction of bank robbery, the men also face as much as 20 years in prison and $250,000 fine. Use of a firearm in furtherance of a crime of violence will result in an additional minimum sentence of either seven or 10 years and up to life in prison which must be served consecutively to any other prison term imposed.
All defendants remain in custody pending sentencing. U.S. District Judge David Hittner, who presided over the trial, will set that hearing at a later date.
This matter was investigated by the FBI Bank Robbery Task Force which is comprised of personnel from the FBI, Houston Police Department and the Harris County Sheriff's Office with special assistance from the Fort Bend County Sheriff’s Office and the Baytown and Pasadena Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Suzanne Elmilady and Kebharu H. Smith.
29 May 2013
Woman Sentenced to over Four Years in Prison for Defrauding Medicare of $11 Million in Fraudulent Billing SchemeRead the Press Release
LAS VEGAS, Nev. – A woman who defrauded the Medicare program of $11.1 million in a fraudulent medical equipment billing scheme, was sentenced today to 51 months in prison, three years of supervised release, and criminal forfeiture of $11.1 million in assets, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Alegria Phankonsy, 43, formerly of Orange County, Calif., but currently in custody, was sentenced by U.S. District Judge Kent J. Dawson. Phankonsy pleaded guilty in November 2012 to one count of health care fraud and one count of tax evasion.
According to the indictment and the facts supporting the guilty plea, between about March 2005 and February 2010, Phankonsy operated several medical equipment supply companies in Las Vegas, Proforma Medical Source, Divine Health and Freemotion Plus Medical Supply. Phankonsy operated the first two companies using the alias’ Marie Villanueva and Marie Phan, respectively, and operated Freemotion using the name Phankonsy. Between about March 2005 and March 2010, Phankonsy fraudulently billed Medicare for medical equipment, such as leg prostheses and power wheelchairs that had not been ordered by a physician, were not needed by clients or were not provided to clients at all. To identify clients, Phankonsy paid “marketers” in southern California to obtain patients for her various companies. The marketers provided these clients with money in exchange for their Medicare information, which was used to bill Medicare for the unnecessary items or items not provided. The scheme resulted in Phankonsy receiving $11.1 million to which she was not entitled.
For the tax years 2006, 2007, and 2008, Phankonsy prepared and submitted false individual income tax returns by underreporting the income she earned from the Medicare fraud scheme. During those three years, Phankonsy underreported approximately $7.8 million in gross receipts, resulting in a total tax loss of approximately $2.4 million. Phankonsy also appended fraudulent W-2 forms to her returns and falsely represented that she had made significant estimated tax payments, when she had not.
The case was investigated by the Office of the Inspector General for Health and Human Services and IRS Criminal Investigation and prosecuted by Assistant U.S. Attorney Crane M. Pomerantz.
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.Winchester Man Pleads Guilty to 2nd Degree MurderRead the Press Release
Defendant also Admits Using a Firearm in a Crime of Violence
COEUR D’ALENE – Kenneth D. Broncheau, 48, of Winchester, Idaho, pleaded guilty today in federal court to one count of second degree murder and one count of using a firearm in a crime of violence, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, Broncheau, admitted that on the evening of June 21, 2012, he intentionally shot and killed his mother, Carol Haskell, at their residence located on the Nez Perce Indian Reservation. According to the plea agreement, Broncheau fired two shots from a Savage Arms .243 rifle; the first bullet missed Haskell, the second struck her in the torso causing a mortal injury. Broncheau then retrieved a container of gasoline from a shed located on the property and returned to the residence. According to the plea agreement, Broncheau poured gasoline on the victim’s body and set it afire. A neighbor responding to the screams and gunshots, removed the rifle from Broncheau’s hands. Broncheau was taken into custody by law enforcement shortly thereafter and has remained in custody since that time.
Count one, second degree murder, is punishable by up to life in prison, a maximum fine of $250,000, and up to five years of supervised release. Count two, using a firearm in a crime of violence, carries a mandatory minimum term of 10 years in prison, consecutive to the sentence imposed in count one.
Sentencing is set for August 19, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
“Today’s plea is a significant step in addressing violence against women in Indian Country,” said Olson. “Sadly, this defendant intentionally took his mother’s life. Although his guilty plea cannot fill the void left by his mother’s death, it should send a strong message that federal, state, tribal and Lewis County law enforcement agencies are working cooperatively to investigate and prosecute violent crime on the Nez Perce Reservation.”
The case was investigated by the Federal Bureau of Investigation, Nez Perce Tribal Police, Idaho State Police, and the Lewis County Sheriff’s Office.
West Haven Man Sentenced to Three Years in Federal Prison for Distributing CrackRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that AARON MOORE, also known as “Boogs,” 24, of West Haven, was sentenced today by Senior United States District Judge Ellen Bree Burns in New Haven to 36 months of imprisonment, followed by three years of supervised release, for distributing crack cocaine.
This matter stems from a joint law enforcement investigation conducted by the FBI New Haven Safe Streets Task Force, the DEA New Haven Task Force, the New Haven Police Department and the Hamden Police Department. Through the use of court-authorized wiretaps, investigating officers identified and dismantled a large drug-trafficking organization that was centered in the Newhallville section of New Haven and Hamden, and was responsible for the distribution of crack cocaine and cocaine throughout the Greater New Haven area.
According to court documents and statements made in court, in August and September 2010, MOORE was intercepted several times over a wiretap ordering distribution quantities of crack cocaine from other members of the drug trafficking organization. He then sold the drug to his own customer base for profit.
On January, 23, 2013, MOORE pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine base (“crack cocaine”).
Forty-seven individuals have been charged in federal court with various narcotics offenses as a result of this investigation. All have been convicted.
This matter was investigated by the Federal Bureau of Investigation’s New Haven Safe Streets Task Force (composed of members of members of the New Haven, Ansonia, Milford, Hamden and East Haven Police Departments, and the Connecticut State Police and the Connecticut Department of Correction), the Drug Enforcement Administration’s New Haven Task Force (composed of members of the New Haven, West Haven, Meriden, Ansonia, Hamden and Branford Police Departments), along with substantial participation by members of the New Haven and Hamden Police Departments. The United States Marshals Service also has assisted the investigation.
The investigation was funded in significant part by the United States Attorney’s Office Organized Crime Drug Enforcement Task Force and supported by the Office’s Project Safe Neighborhoods and Anti-Gang programs.
This matter is being prosecuted by Assistant United States Attorneys Christopher M. Mattei and Robert M. Spector.
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Tom Carson
(203) 821-3722 [email protected]Vaughn Guilty PleaRead the Press Release
BATON ROUGE, LA - United States Attorney Donald J. Cazayoux, Jr. announced today the conviction of a former Operations Manager in connection with a wide ranging federal and state investigation into corruption and fraud surrounding federal environmental laws.
MICHAEL J. VAUGHN, age 33, of Addis, Louisiana, pled guilty this morning before U.S. District Judge James J. Brady to a previously sealed Bill of Information charging him with conspiracy to defraud the U.S. Environmental Protection Agency and to violate the Safe Drinking Water Act, in violation of Title 18, United States Code, Section 371, making false statements within the jurisdiction of the federal government, in violation of Title 18, United States Code, Section 1001, and forfeiture. As a result of his convictions, the defendant faces up to ten (10) years imprisonment, a $500,000 fine, forfeiture of the proceeds of the offenses, restitution to victims, and a three year term of supervised release following imprisonment. The sentencing date has not yet been set.
The defendant’s convictions stem from actions he took while serving as the Operations Manager of FAS Environmental Services, a transportation and disposal company based in Belle River, Louisiana. In that role, the defendant oversaw all operations and employees at the company.
During today’s hearing, the defendant admitted that, while working as the FAS Operations Manager, he took over $22,000 in kickbacks during 2011 and 2012 from a wastewater brokerage firm in exchange for illegally using an FAS injection well in Belle River to dispose of over 380,000 gallons of industrial wastewater in violation of the Federal Safe Water Drinking Act. As part of the scheme, the defendant further admitted that he and his fellow conspirators created and used over 100 false documents, including manifests and work orders, in addition to submitting false reports to regulators in Baton Rouge. Such false and fraudulent documents were designed to conceal the scheme from federal and state government officials and the brokerage firm’s unsuspecting clients.
FAS ownership was unaware of the defendant’s scheme, which resulted in the misuse of FAS resources to the sole benefit of the defendant personally and his fellow conspirators. FAS has cooperated fully throughout the investigation and terminated the defendant’s employment with the company upon learning of the scheme.
U.S. Attorney Cazayoux stated: “My office, together with our federal, state, and local partners, will always be vigilant and aggressive in enforcing federal criminal environmental laws, particularly where violations are accompanied by corporate fraud and corruption. The corruption of our environmental regulatory system presents serious and unacceptable economic and physical risks to everyone living and working in Louisiana, and it will not be tolerated.”
“One of EPA’s primary missions is to ensure that federal laws protecting human health and the environment are enforced fairly and effectively. To do that, we must receive accurate and honest tests and measurements,” said Ivan Vikin, Special Agent-in-Charge of EPA’s criminal enforcement program in Louisiana. “Violators who submit false information undermine the government’s efforts to protect the public and the environment. These illegal actions cannot and will not be tolerated. EPA and its partner agencies will vigorously pursue those who knowingly falsify official information and place the public at potential risk.”
Secretary Peggy Hatch of the Louisiana Department of Environmental Quality stated: “This is an example of local, state and federal agencies working together to keep Louisiana’s environment clean. We are working together so people will think twice and make better decisions when it comes to skirting the environmental laws in order to make money or save money.”
This ongoing investigation is being conducted by this office, the Criminal Investigation Division of the U.S. Environmental Protection Agency, and the Criminal Investigation Division of the Louisiana Department of Environmental Quality. The case is being prosecuted by Assistant United States Attorney Corey R. Amundson who serves as the Senior Deputy Chief of the Criminal Division.
United States Sues Philadelphia Food Warehouse for Holding Food in Filthy ConditionsRead the Press Release
PHILADELPHIA, PA – The United States filed a lawsuit today in federal district court to stop Philadelphia food warehouse New Rich City Trading Corporation, as well as president and owner, Ms. Xiaoping Sun, and manager, Mr. Si Yan Chuen, from selling food that is held in filthy conditions, in violation of the Food Drug and Cosmetic Act. United States Attorney Zane David Memeger announced the filing of the civil complaint.
The Food Drug and Cosmetic Act prohibits companies and individuals from causing articles of food to become “adulterated” while held for sale after shipment of one or more of their components in interstate commerce. The Complaint alleges that United States Food and Drug Administration (“FDA”) inspections of the facility establish that food stored by the defendants is adulterated because the food has been held under insanitary conditions whereby it may have become contaminated with filth. The insanitary conditions and filth include the widespread presence of animals such as rodents, birds, cats, and dogs, as well as the animals’ feces and urine, throughout the facility, including on and around articles of food.
“It is unacceptable for any distributor to expose the food we eat to animals, animal waste, and other filth,” said United States Attorney Zane David Memeger. “The Department of Justice is committed to taking action against those who do not maintain and handle food in a clean environment.”
The United States seeks a permanent injunction to prevent defendants from further adulterating food, and to prevent defendants from further receiving, holding, and distributing food unless and until defendants bring their operations into compliance.
This case was investigated by the Food and Drug Administration. It is being handled by Assistant United States Attorney Stacey L. B. Smith, together with David Sullivan, Trial Attorney from the United States Department of Justice, Consumer Protection Branch. Assistance is being provided by Scott Kaplan, FDA Associate Chief Counsel.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Two Men Involved in Hartford Drug and Gun Trafficking Are SentencedRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, today announced that two Hartford men involved in narcotics and firearms trafficking have been sentenced in New Haven federal court.
JEFFREY FANIEL, 31, was sentenced today by U.S. District Judge Janet C. Hall to 92 months of imprisonment, followed by five years of supervised release. On January 2, 2013, FANIEL pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute 28 grams or more of cocaine base (“crack”).
JOHNNY ROSA, also known as “Johnny J,” 20, was sentenced yesterday by Judge Hall to 36 months of imprisonment, followed by three years of supervised release. On November 9, 2012, ROSA pleaded guilty to one count of transferring a firearm to a prohibited person.
This matter stems from “Operation Vinefield,” a joint law enforcement investigation headed by the FBI’s Northern Connecticut Violent Crimes Task Force targeting narcotics trafficking and gang violence in Hartford’s North End. As a result of the nine-month investigation, 38 individuals were charged with various offenses related to the distribution of crack cocaine and the unlawful possession and dealing of firearms in and around Hartford.
According to court documents and statements made in court, FANIEL supplied crack cocaine to Jaeqwan Sheppard, who sold the drug in the Enfield Street area of Hartford. The investigation also revealed that Sheppard sold firearms that he had acquired from ROSA through another co-conspirator.
In addition, between December 2011 and April 2012, ROSA sold a .308 caliber rifle, a .22 caliber rifle and a .25 caliber pistol, as well as quantities of crack and powder cocaine, to an individual working with law enforcement.
The .308 caliber rifle had been reported stolen from a residence in East Hartford in July 2011.
Sheppard pleaded guilty and, on May 1, 2013, he was sentenced to 108 months of imprisonment.
This matter has been investigated by the FBI’s Northern Connecticut Violent Crimes Task Force, the Connecticut State Police, the Hartford Police Department, and the Connecticut Department of Correction. The case is being prosecuted by Assistant United States Attorney Brian P. Leaming.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Two Massachusetts Men Charged with Invading a Private Conversation Between Two NFL General ManagersRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Joshua Barber, 20 and Nicholas Kaiser, 20, both of Plymouth, Massachusetts, were charged by criminal complaint with intentionally intercepting a wire communication and with making a telephone call without disclosing their identity with the intent to annoy or harass the person at the called number. The charges carry a maximum penalty of five years in prison, a $500,000 fine or both.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the complaint, Joshua Barber telephoned the office of former Buffalo Bills General Manger Buddy Nix claiming to be Tampa Bay Bucaneers General Manger Mark Dominik. Buddy Nix answered the telephone but there was no one on the line. Defendant Barber then telephoned the office of Mark Dominik claiming to be Buddy Nix.
While Barber was on hold with Mark Dominik's office, Nix's office placed a call using the re-dial function to what was believed to be the office of Mark Dominik. While on hold with Dominik's office, defendant Barber saw the incoming call from Nix. Using the conference function, defendant Barber connected Nix and Dominik without either parties knowledge or consent. That call was subsequently recorded by defendant Kaiser. The complaint further states that after the conversation was recorded, defendants Barber and Kaiser sold the unauthorized recording to a media outlet.
The defendants will make an initial appearance on June 4, 2013 at 10:00 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.“Under limited circumstances not relevant here, the privacy of communications--a discussion with one’s doctor, among family members and friends, between business associates, or indeed any conversation intended to be private--is the expectation of every citizen," said U.S. Attorney Hochul. "This office will continue to enforce laws which protect the privacy of such communications.”
The criminal complaint stems from the investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Two Arrested for Structuring More Than $100,000 in Financial Transactions Inal Guilty Pleas Entered in Tax Fraud SchemeRead the Press Release
CORPUS CHRISTI, Texas – Kimberly Davis, 27, and Justin Colmenero, 30, both of Corpus Christi, have been indicted as a result of the efforts of a multi-agency investigation into structuring financial transactions, United States Attorney Kenneth Magidson announced today.
The sealed indictment was returned Wednesday, May 22, 2013, and unsealed this morning upon their arrests. They are expected to make an initial appearance before U.S. Magistrate Judge B. Janice Elllington tomorrow afternoon.
Agents also executed federal search warrants at three local businesses and the residences of Davis and Colmenero.
The indictment alleges the defendants structured more than $100,000 in cash deposit transactions over a 12-month period with a domestic financial institution in order to avoid the legal reporting requirements of the bank.
The Bank Secrecy Act of 1970 (BSA) requires financial institutions to file reports with the Treasury Department of cash transactions exceeding $10,000.
“Structuring financial transactions to avoid currency reporting requirements is a serious criminal violation of federal law under the BSA," said Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge Lucy Cruz. “We will vigorously investigate alongside our law enforcement partners to identify those allegedly involved in such schemes and suspected of committing this form of money laundering.”
The defendants face up to 10 years imprisonment and a fine up to $500,000, if convicted.
The investigation leading to the criminal charges was conducted in Corpus Christi lead by IRS-CI, Drug Enforcement Administration and the Corpus Christi Police Department. The case is being prosecuted by Assistant United States Attorneys Hugo R. Martinez and Lance A. Watt.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Twenty People Indicted for Conspiring to Traffic Meth in Southwest IdahoRead the Press Release
BOISE – Lena Kettle, 46, of Caldwell, Idaho, Heidi Aguila, 34, of Middleton, Idaho, and Kenneth Jones, 47, of Elverta, California, appeared in federal court yesterday on an 89-count federal indictment charging them and 17 others with conspiracy to distribute methamphetamine; possession with intent to distribute methamphetamine; interstate transportation in aid of racketeering; and use of a communication device in drug trafficking, U.S. Attorney Wendy J. Olson announced today. The indictment was returned on May 16, 2013, and was unsealed by the court on May 22.
In addition to Kettle, Aguila and Jones, the defendants named in the federal indictment are:
- Jason Lee Holmberg, 38, of Middleton, Idaho
- Patrick Siemsen, 55, of Nampa, Idaho
- Ute Hornak, 47, of Nampa, Idaho
- Doreen Obrien, 44, of Caldwell, Idaho
- Jerry Holmberg, 64, of Marsing, Idaho
- John Odenwalt, 33, of Nampa, Idaho
- Randi Seferos, 24, of Boise, Idaho
- Seanna Holmberg, 26, of Caldwell, Idaho
- Crystal Clark, 47, of Fruitland, Idaho
- Steven Richard Richard, 41, of Boise, Idaho
- Robbie Gallegos, 42, of Boise, Idaho
- Adrea Smith, 38, of LaGrande, Oregon
- Randy Beal, 58, of Caldwell, Idaho
- Cynthia Prado, 31, of Boise, Idaho
- Andrew Polney, 51, of Boise, Idaho
- Henry Horne, 65, of Boise, Idaho
- David Echevarria, 48, of Boise, Idaho
Fourteen of the defendants have been arraigned in federal court since the indictment was returned. A trial date has been set for July 2, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. Defendants Jason Holmberg, Siemsen, Obrien, Jerry Holberg and David Echevarria have not yet made their initial appearances, and no dates have been set.
The indictment alleges that between May 2012 and April 18, 2013, the defendants conspired together to distribute 500 grams or more of a mixture and substance containing detectable amounts of methamphetamine. The indictment alleges that on various dates beginning in March 2013, one or more of the defendants traveled at various times between Idaho and California with the intent to distribute the proceeds of the unlawful activity. In furtherance of the conspiracy, the indictment alleges that one or more of the defendants used communication facilities—a telephone—to facilitate and commit the offenses.
The indictment is the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration, in conjunction with the Nampa Police Department and the Boise Police Department. Other federal agencies participating in the OCDETF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Land Management, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Tulsa Man Convicted in Child Sex Trafficking CaseRead the Press Release
TULSA, Okla. – U.S. Attorney Danny C. Williams Sr. announced today that a Federal jury convicted Tarran Arnel Brinson, 24, of Tulsa, on six counts related to child sex trafficking.
Following a six day trial, Brinson was found guilty on six of the seven counts charged, including conspiring to recruit, entice, transport, provide, and obtain girls under the age of 18 years knowing and in reckless disregard of the fact that the girls would be caused to engage in commercial sex acts.
The victims in this case were minors recruited by Brinson into prostitution. One victim was a 14 year-old girl when she was recruited. Brinson utilized the social media site Facebook to recruit teenage girls to his commercial sex business.
The case was investigated by the Tulsa Police Department Vice Unit, the FBI, and Homeland Security Investigations. The case is being prosecuted by U. S. Attorney Danny C. Williams Sr. and Assistant United States Attorneys R. Trent Shores and Clinton J. Johnson from the U.S. Attorney’s Office for the Northern District of Oklahoma.
If you have information related to sex trafficking call the National Human Trafficking Resource Center at 1-888-373-7888 or visit the website www.polarisproject.org for more information.
Topeka Man Charged with Producing Child PornRead the Press Release
TOPEKA, KAN. – An investigation that started in Australia has resulted in a Topeka man being charged with producing child pornography, U.S. Attorney Barry Grissom said today.
Jonathan Kearn, 38, Topeka, Kan., is charged with one count of producing child pornography, one count of distributing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in April and May 2013 in Shawnee County, Kan.
Kearn initially was charged in a criminal complaint filed May 10, 2013, in U.S. District Court in Topeka. An affidavit in support of the complaint alleges the investigation began when an investigator working undercover for the Queensland Police Service in Queensland, Australia, received an email from Kearn. Kearn sent the investigator images of child pornography that were produced by Kearn.
If convicted, he faces a penalty of not less than 15 years and not more than 30 years in federal prison and a fine up to $250,000 on the production charge; a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on the distribution charge and a maximum penalty of 10 years and a fine up to $250,000 on the distribution charge.
ICE Homeland Security Investigations investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.OTHER INDICTMENTS
Steven Michael Gigger, 29, Topeka, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction, one count of unlawful possession of ammunition and one count of unlawful possession of a firearm with the serial number obliterated. The crimes are alleged to have occurred May 19, 2013, in Douglas County, Kan.Gigger was arrested after an incident May 19 in Lawrence, Kan. According to news reports, Lawrence police responded to a disturbance at the bar Club Magic, 804 West 24th St., when they heard gunshots and found a shooting victim on Greever Terrace. According to news reports, a vehicle driven by a second gunshot victim crashed into a police patrol car in the parking lot of a McDonald’s restaurant.
If convicted on the federal charge, Gigger faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Douglas County District Attorney Charles Branson’s office assisted. Assistant U.S. Attorney Greg Hough is prosecuting.
Charles Henderson, Jr., 24, Kansas City, Kan., and Kyser L. Leonard, 40, Kansas City, Kan., are charged with one count of conspiracy to distribute heroin and two counts of distributing heroin within 1,000 feet of the Bethel Neighborhood Center playground in Kansas City, Kan. In addition, Henderson is charged with one count of possession with intent to distribute heroin within 1,000 feet of the Bethel Neighborhood Center and one count of unlawful possession of a firearm by a user of a controlled substance. In addition, Leonard is charged with one count of maintaining a residence in furtherance of drug trafficking at 14 North Tremont in Kansas City, Kan., and two counts of using a telephone in furtherance of drug trafficking. The crimes are alleged to have occurred at various times from Nov. 6, 2012, to May 6, 2013, in Kansas City, Kan.
The government is seeking the forfeiture of $25,139 in proceeds from the alleged crimes.
Upon conviction, the crimes carry the following penalties: Conspiracy: Not less than five years and not more than 40 years in federal prison and a fine up to $5 million.
Distribution: A maximum penalty of 40 years and a fine up to $2 million.
Possession with intent to distribute: Not less than five years and a fine up to $10 million.
Unlawful possession of a firearm by a user of controlled substances: A maximum penalty of 10 years and a fine up to $250,000.
Maintaining a residence in furtherance of drug trafficking: A maximum penalty of 20 years and a fine up to $500,000.
Using a telephone in furtherance of drug trafficking: A maximum penalty of four years on each count and a fine up to $30,000 on each count.The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
Melissa Jo Brachter, 35, is charged with one count of possession with intent to distribute marijuana and one count of distributing marijuana within 1,000 feet of Ellsworth Junion and Senior High School in Ellsworth, Kan. The crime sare alleged to have occurred April 15, 2013, in Ellsworth County, Kan.
If convicted, she faces a penalty of not less than a year and not more than 20 years and a fine up to $500,000 on the first count and maximum penalty of 20 years and a fine up to $1 million on the second count. The Ellsworth County Sheriff’s Office and the Kansas Highway Patrol investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.
Gregory A. Madinger, II, Topeka, Kan., is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred April 17, 2013, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Tony Mattivi is prosecuting.
Jose G. Jimenez, 29, Wichita, is charged with five counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred May 21, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Three Men Sentenced to Prison for Roles in Northwest Alabama Drug RingRead the Press Release
TUSCALOOSA – Three of four defendants in a methamphetamine- and cocaine-trafficking organization based in northwest Alabama were sentenced today in federal court, announced U.S. Attorney Joyce White Vance and Drug Enforcement Administration Assistant Special Agent in Charge Clay A. Morris.U.S. District Judge L. Scott Coogler sentenced ISMAR GUTIERREZ-PINEDA, 34, of Haleyville, GARY DALE BARTLETT, 51, of Arley, and EMERITO CABRERA, 24, of Russellville, for their roles in a conspiracy to distribute more than 500 grams of methamphetamine, more than 500 grams of cocaine and more than 28 grams of “crack” cocaine in Franklin, Cleburne and Winston counties between August 2011 and November 2012. A fourth member of the conspiracy, EDWIN ISIDRO ALFARO-ENRIQUEZ, 42, of Littleville, is scheduled for sentencing July 30. All four men pleaded guilty in February.
Judge Coogler sentenced Gutierrez-Pineda to 10 years and 10 months in prison on the conspiracy and individual drug distribution charges, as well as for being an illegal alien in possession of a firearm. According to the indictment, Gutierrez-Pineda possessed a Smith and Wesson .38-caliber pistol, a Copperhill .45-caliber pistol, a Marlin .22-caliber rifle, and a Savage 7mm rifle on Nov. 7 in Winston County.
Judge Coogler sentenced Bartlett to two years in prison and Cabrera to three years in prison for the conspiracy and one count each of distributing methamphetamine.
The year-long investigation concluded with the seizure of seven pounds of methamphetamine, multiple ounces of cocaine and multiple firearms and vehicles.
The DEA, Franklin County Sheriff’s Office, Russellville Police Department, Alabama State Troopers, and the Winston County Sheriff’s Office investigated the case. Assistant U.S. Attorney John B. Felton is prosecuting the case.
Temple Inland Sentenced in Federal Court to Pay $3.3 Million in Fine and RestitutionRead the Press Release
TIN, INC. , d/b/a/ TEMPLE INLAND, a Delaware Corporation located in Austin, Texas, was sentenced today by U. S. District Judge Ivan L. R. Lemelle to two years probation and ordered to pay a total criminal penalty of $3.3 million, for negligently causing the discharge of a pollutant from its Bogalusa Facility into the Pearl River and the taking of fish from the Bogue Chitto National Wildlife Refuge, announced U. S. Attorney Dana J. Boente.
TEMPLE INLAND was ordered to $1.2 million in restitution and fined $1.5 million for the harm caused by the negligent discharge to the Pearl River and its tributaries; the loss of Gulf sturgeon (a protected species); and the loss of other aquatic life. One million dollars in restitution will be paid as follows: $900,000 to the Trust for Public Land, a non-profit non-governmental organization, and $100,000 to The Nature Conservancy of Louisiana, also a non profit non-governmental organization, to be utilized for the acquisition, protection and management of lands and waters within the Pearl River Basin south of the Temple Inland wastewater release site. The properties acquired by both non profits will subsequently be conveyed to the United States Fish and Wildlife Service (USFWS), primarily for the application and administration of Federal perpetual management and protections for endangered species, native wildlife, and their habitats within the Pearl River drainage system. The remaining $200,000 in restitution will be paid for a research study to evaluate the river features of the Pearl River and Bogue Chitto in order to determine the potential benefit for Gulf sturgeon recovery, as well as to forecast potential hydrodynamic and geomorpohlogical changes that will be of interest to the local communities and the state. The research study will provide to USFWS a complete assessment of river morphology, habitat composition, and hydrology. The assessment will include acoustic determination of benthic substrate, bathymetric surveys above and below the structures, hydrodynamic assessments to outline current conditions and to forecast future conditions, and biological monitoring.
From the fine amount of $ 1.5 million, Temple Inland will pay community service payments of $500,000 to the Louisiana Department of Environmental Quality to defray the costs of equipment and emergency vehicles to be used in connection with, or in support of, the detection, monitoring, testing, response and/or investigation of dumping, emissions, discharges, spills, or leaks involving violations of environmental regulations and laws; $50,000 to the Louisiana State Police Emergency Services Unit; and $50,000 to the Southern Environmental Enforcement Network for training. Because the community service payment is designated as community service by an organization, Temple Inland cannot seek any reduction in its tax obligations as a result of these payments. In addition, since the payment constitutes community service, Temple Inland cannot characterize, publicize, or refer to the payment as a voluntary donation or contribution.
In addition to the restitution, fine and community service payments, Temple Inland must implement an Environmental Compliance Plan (ECP) approved by the Louisiana Department of Environmental Quality and remain in compliance with all permit requirements, rules and regulations of the Louisiana Department of Environmental Quality.
This case was investigated by the United States Environmental Protection Agency- Criminal Investigative Division, the United States Fish and Wildlife Service, and the Louisiana Department of Environmental Quality-Criminal Investigative Division, and was prosecuted by Assistant United States Attorneys Dorothy Manning Taylor and Spiro Latsis.
Taylorsville Woman Charged with Bank Fraud, Identity Theft in Federal IndictmentRead the Press Release
Charges Allege She Used Identification Documents Belonging to Others to Withdraw Money or Attempt to Withdraw Money From Bank Accounts
SALT LAKE CITY – A grand jury returned a 16-count indictment Wednesday afternoon charging Alisha Turnbow, age 32, of Taylorsville with bank fraud and aggravated identity theft in connection with an alleged identity fraud scheme involving three financial institutions and the unlawfully obtained identities of four individuals.
The indictment alleges Turnbow used stolen identification documents to make or attempt to make withdrawals using the accounts of other individuals on 12 occasions at Zions Bank, Chase Bank, and America First Credit Union. In some instances, she attempted to cash checks by presenting fraudulently signed checks drawn on accounts belonging to other people.
For example, the indictment alleges that on Jan. 24, 2013, Turnbow attempted to withdraw $2,300 from a Zions Bank account using the identification of another person. The next day, she used the identification of another person to make $4,500 in withdrawals at three America First Credit Union branches. On Jan. 31, 2013, she attempted to cash a $2,000 check at Chase Bank. The conduct alleged in the indictment took place from about Jan. 24, 2013, through at least Feb. 8, 2013.
Turnbow is charged with 12 counts of bank fraud in the indictment. The potential maximum penalty for each count of bank fraud is 30 years in federal prison and a fine of up to $1 million. The indictment also includes four counts of aggravated identity theft. Each identity theft count carries a potential two-year minimum mandatory sentence and a fine of up to $250,000.
The indictment also seeks the forfeiture of $1,900 in cash the defendant had in her possession at the time of her arrest. The indictment alleges the money constitutes proceeds from criminal conduct.
The case is being prosecuted as a part of efforts by the Utah Identity Theft Task Force.
“Identity theft cases routinely involve transactions from several jurisdictions. Bringing them together in a single federal prosecution is an efficient use of resources in these times of tight budgets,” said U.S. Attorney David B. Barlow. “Combining the transactions into a single case also helps demonstrate the scope and impact of the alleged conduct.”
Turnbow is in state custody. A federal warrant will be issued for her arrest and an initial appearance will be scheduled for her in federal court.
Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.
Tax Return Preparer Pleads Guilty to More Than $1 Million in Tax FraudRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announces that Obnes Latigue (50, Orlando) pleaded guilty today to three counts of aiding in the preparation of false tax returns. He faces a maximum penalty of 3 years in federal prison for each count. His sentencing hearing has been set for August 21, 2013. Latigue was indicted on April 10, 2013.
According to his plea agreement, Latigue was the owner of a tax return business called “Tax Winners Enterprises, Inc.” For the tax years 2006, 2007, and 2008, Latigue prepared returns for individuals in which he falsified the amounts of deductions and tax credits owed to the taxpayers. As a result, those taxpayers received undeserved tax refunds. Latigue fraudulently claimed education credits for clients who never attended college. He also inflated itemized deductions. As a result of the false returns prepared by Latigue, the Internal Revenue Service issued more than $1.1 million in undeserved refunds. Latigue has agreed to repay the IRS that amount in restitution.
This case was investigated by the Internal Revenue Service Criminal Investigation. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
Tax Preparer Pleads Guilty to Defrauding the IRSRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a tax preparer pleaded guilty to devising and executing a scheme to defraud the Internal Revenue Service (“IRS”). Ieisha Smith pleaded guilty to one count of false claims. Smith, who was indicted on December 3, 2012, entered her plea before United States District Court Judge Ann D. Montgomery.
In her plea agreement, Smith admitted that she began the scheme in February 2009, when individuals came to her home for assistance in filing their income taxes. Specifically, she filed false tax returns on their behalf by claiming that taxes had been previously withheld when that was not the case and that refunds were therefore due, when she knew that to be false. The IRS calculated the total amount Smith claimed through the fraudulent tax returns to be approximately $765,000.
For her crime, Smith faces a potential maximum penalty of five years in federal prison. Judge Montgomery will determine her sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by the IRS-Criminal Investigation. It is being prosecuted by Assistant U.S. Attorney Thomas Calhoun-Lopez.According to the IRS, approximately 60 percent of taxpayers use tax professionals to prepare and file their tax returns, with these paid preparers now collectively responsible for more than 80 million individual tax returns annually. “Tax return preparer fraud” is one of the IRS’s “Dirty Dozen Tax Scams.” For more information about the fight against tax fraud or how to choose a reliable tax return preparer, visit http://www.irs.gov/uac/Tips-for-Choosing-a-Tax-Return-Preparer.
Per U.S. Department of Justice policy, the U.S. Attorney’s Office is not allowed to provide the age and city of residence for defendants charged in criminal tax cases.
Tangipahoa Man, Frank Donewar, Sentenced for Illegal Wagering OperationRead the Press Release
FRANK DONEWAR, 57, a resident of Hammond, Louisiana, was sentenced today by U.S. District Court Judge Kurt D. Englehardt for transmission of wagering information and money laundering, announced U. S. Attorney Dana J. Boente.
According to court documents, from January 2005 through February 2012, DONEWAR placed illegal bets and wagers on sporting events and converted ten thousand dollars ($10,000) in cash into a Certificate of Deposit with a local financial institution knowing that the transaction was designed in whole or in part to conceal and disguise, the nature, location, source, ownership, and control of illegal gambling proceeds.
Judge Engelhardt sentenced DONEWAR to four years probation including ten months of home incarceration with electronic monitoring. In addition, Judge Engelhardt ordered the defendant to pay a $10,000 fine which is due immediately.
“Frank Donewar was sentenced today for operating an illegal sports wagering business and concealing his proceeds by conducting illegal financial transactions,” stated Gabriel Grchan, Special Agent in Charge, IRS- Criminal Investigation New Orleans Field Office. “IRS Criminal Investigation is committed to unraveling complex money laundering schemes, and will continue to work closely with the U S Attorney’s Office to prosecute those individuals who engage in illegal enterprises.”
This case was investigated by special agents from the Internal Revenue Service-Criminal Investigation Division. The prosecution of this case is being handled by Strike Force Chief and Assistant U. S. Attorney Brian M. Klebba.
Tampa Man Sentenced to 42 Months for Tax FraudRead the Press Release
TALLAHASSEE, FLORIDA – Kraig Antonio Davis, 23, of Tampa, Florida, was sentenced to serve 42 months in federal prison for tax fraud, mail fraud, and aggravated identity theft. Davis was also ordered to pay $77,081 in restitution to the Internal Revenue Service.
He was involved in a scheme to use the personal identifying information of individuals, including their names, dates of birth, and social security numbers, to submit fraudulent income tax returns to the IRS. Davis conducted online searches to locate deceased victims’ personal information, which he used to file the false income tax returns. He then used victims’ information to obtain prepaid debit cards for the deposit of the fraudulently obtained refunds. He caused more than a dozen fraudulent refunds to be issued, resulting in a loss of approximately $77,081 to the IRS. Davis also filed a false income tax return in his own name resulting in a tax refund of $4,975.
U.S. Attorney Pamela Marsh said, “This office is committed to vigorously prosecuting those individuals who steal the identities of other individuals and use those stolen identities to fraudulently obtain large amounts of money from the Government. We have intensified our efforts, along with our federal, state, and local law enforcement partners, to identify and bring to justice those who seek to defraud the government and the taxpayers.”
U.S. Attorney Marsh praised the work of the Leon County Sheriff’s Office, the U.S. Postal Inspection Service, and the Internal Revenue Service-Criminal Investigations, whose joint investigation led to the conviction in the case. The case was prosecuted by Assistant U.S. Attorney Winifred Acosta NeSmith as part of a Department of Justice initiative to fight stolen identity refund fraud (SIRF). In September 2012, the Department issued Tax Division Directive 144, which sets forth expedited Department review procedures for SIRF cases, enabling law enforcement to respond quickly and effectively to the grave challenges presented in SIRF cases and to prevent the victimization of innocent taxpayers whose identities are stolen by fraudsters.
Syracuse, New York - Press Conference regarding arrests in a large-scale Central New York drug organization based in Oneida County.Read the Press Release
United States Attorney Richard S. Hartunian will hold a Press Conference today regarding arrests in a large-scale Central New York drug organization based in Oneida County.
DATE: May 29, 2013
TIME: 2:00 pm
LOCATION: United States Attorney’s Office
100 S. Clinton Street, Room 900
Syracuse, New York 13261No further information will be released prior to the Press Conference.
St. Paul Man Pleads Guilty to Robbing US BankRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a 47-year-old St. Paul man pleaded guilty in connection with the December 13, 2012, armed robbery of the US Bank branch located at 711 Cleveland Avenue South in St. Paul. David Judin Greer pleaded guilty to one count of armed bank robbery and one count of brandishing a firearm during a crime of violence. Greer, who was indicted on February 5, 2013, entered his plea before United States District Court Judge Patrick J. Schiltz.
In his plea agreement, Greer admitted that on December 13, he stole $3,952 from the bank after showing the victim teller the revolver grip. According to a law enforcement affidavit filed in the case, a man, later identified as Greer, walked into the bank at approximately 2:00 p.m. He approached the teller counter, showed the gun, and demanded twenties, fifties, and one-hundred-dollar bills. The teller took money from the cash drawer and stuffed it into the white plastic bag that Greer provided. After demanding and receiving even more money, he fled the premises.
Immediately following the robbery, the Federal Bureau of Investigation released to the public digital images of the robber. Later that same day, the FBI received a telephone call from an anonymous individual who identified the robber as Greer. Authorities then began surveillance on Greer’s residence.
On December 29, 2012, the FBI received a call from the St. Paul Police Department, indicating officers there had just conducted a welfare check on Greer at the request of a family member. Officials subsequently transported Greer to Regions Hospital, where Greer gave law enforcement consent to search his residence. There, officers located the revolver used in the bank robbery. It was hidden above the duct work in the basement.
For his crime, Greer faces a potential maximum penalty of 25 years in prison on the armed bank robbery count, and a potential maximum penalty of life in prison on the brandishing count, which carries a mandatory minimum penalty of seven years. Judge Schiltz will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by the FBI and the St. Paul Police Department. It is being prosecuted by Assistant U.S. Attorney Clifford B. Wardlaw.