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Thursday 11 April 2013
Tax Preparer Gets Prison for Creating False Tax ReturnsRead the Press Release
(Abbeville woman operated a tax preparation service)Contact Person: Beth Drake (803) 929-3000
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that SANDRA BURTON, age 49, of Abbeville, South Carolina , was sentenced today in federal court in Spartanburg on ten counts of preparing materially false federal income tax returns, each a violation of Title 26, United States Code, Section 7206(2). United States District Judge Mary G. Lewis ordered BURTON to serve 21 months in a federal prison and to pay restitution of $355, 529.00 to the Internal Revenue Service. In addition, she was ordered to pay a special assessment of $1,000.00 and to serve one year of supervised release after being released from prison.
At BURTON’s guilty plea hearing on December 13, 2012, the Government offered facts showing that during the years 2006 through 2008 BURTON operated a tax return preparation service in Abbeville. The majority of her clients were W-2 wage earners.
As a result of an unusually large number of returns prepared by BURTON claiming educational credits and IRA contributions, in 2008, an IRS undercover agent sought to have a return prepared based solely on a W-2. The return prepared by BURTON for the undercover agent included an IRA deduction and an education credit thus giving the undercover Ataxpayer@ a refund to which the agent otherwise would not have been entitled.
Thereafter, a search warrant was issued for BURTON's tax service which was searched by the IRS. In addition to evidence seized during the execution of the search warrant, BURTON admitted that she had given taxpayers deductions to which they were not entitled. The other nine counts to which BURTON plead guilty involved similar materially false credits and deductions in returns prepared by her.
United States Attorney Bill Nettles noted that, “Although we believe that the vast majority of tax preparers, like tax payers, are truthful and honest in their work product, calculations, and submissions, this office will continue to investigate and vigorously prosecute those who violate the law.” Mr. Nettles also urged tax payers to heed the advice of IRS Criminal Investigation Special Agent in Charge Jeannie A. Hammett who has said:
“If you choose to have your tax returns prepared by a return preparer, it is important to understand that you are ultimately responsible for all of the information on the tax return. Dishonest return preparers use a variety of methods to formulate fraudulent and illegal deductions to reduce taxable income. And if the return is bad, it is the taxpayer whose name is on the return that will be responsible for paying the additional taxes, penalties and interest.”The case was investigated by agents of the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney William C. Lucius of the Greenville office handled the case.
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Tampa Man Sentenced to More Than 20 Years for Role in Drug ConspiracyRead the Press Release
Tampa, FL- U.S. District Judge James S. Moody sentenced Rodney L. Carter (27, Tampa) yesterday to twenty years and eight months in federal prison for conspiracy to possess 5 kilograms or more of cocaine with the intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. He pleaded guilty on November 20, 2012.
According to court documents, Carter and his co-conspirators, Curtis A. Marsh, Jr. and Donta Haynes agreed and planned to commit a robbery of 20-50 kilograms of cocaine. All three were arrested prior to committing the robbery. At the time of the arrests, they were in possession of three loaded firearms.
On March 27, 2013, Marsh was sentenced to eleven years and three months in federal prison. Haynes pleaded guilty for his role in this case. His sentencing hearing is scheduled on May 14, 2013.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Stacie B. Harris.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney Robert E. O’Neill, along with Julie Torres, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Strip Club Owner Sentenced for Illegal FirearmsRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the former owner of a strip club in Sunrise Beach, Mo., was sentenced in federal court today for illegally possessing 31 firearms.
Jimmy Duane Davis, 57, of Sunrise Beach, was sentenced by U.S. Chief District Judge Fernando J. Gaitan to two years and six months in federal prison without parole. Davis was the owner of the now-defunct Eclipse Gentleman’s Club.
On July 24, 2012, Davis pleaded guilty to being a felon in possession of firearms.
Federal law enforcement agents executed a search warrant at Davis’s residence and neighboring business on Aug. 19, 2010 after receiving a report that Davis was in possession of firearms. A gun safe in the basement contained 30 shotguns, rifles and handguns. Agents also observed numerous rounds of ammunition around the room, and a Springfield Armory 9 mm semi-automatic pistol in a case on top of the gun safe. In addition, five shotgun shells were found in an upstairs bedroom.
According to his plea agreement, Davis purchased 12 firearms-specific hunting permits between 2006 and 2009.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearms or ammunition. Davis has two prior felony convictions for trafficking in methamphetamine and a prior felony conviction for selling marijuana.
This case was prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and IRS-Criminal Investigation.St. Mary’s County Man Sentenced to 25 Years for Sexually Exploiting Two Minor Girls to Produce Child PornographyRead the Press Release
Baltimore, Maryland - U.S. District Judge J. Frederick Motz sentenced Cary Anderson, age 33, of Dameron, Maryland, today to 25 years in prison, followed by lifetime supervised release, for sexually exploiting minors to produce child pornography. Judge Motz also ordered, that upon his release from prison, Anderson must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
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; St. Mary’s County Sheriff Tim Cameron; and St. Mary’s County State’s Attorney Richard Fritz.
According to that statement of facts that was part of his guilty plea, Anderson began sexually molesting a young girl when she was 11 years old. From February 17 to February 24, 2012, Anderson sexually exploited the girl, who was then 13 years old, and produced images documenting the abuse. Further, on February 24, 2012, Anderson also sexually exploited a 15 year old girl he met on the internet and brought to his home, and produced visual depictions documenting the abuse.
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 "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, St. Mary’s County Bureau of Criminal Investigations and the St. Mary’s County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Special Assistant U.S. Attorney LisaMarie Freitas, assigned from the U.S. Department of Justice, Child Exploitation and Obscenity Section, who prosecuted the case.
St. Charles County Man Sentenced for Pointing A Laser at an AircraftRead the Press Release
St. Louis, MO - MICHAEL BRANDON SMITH, formerly of O’Fallon, Missouri, was sentenced to two years of probation, two months home confinement and 40 hours of community service for pointing a laser at a Metro St. Louis Air Support Police helicopter on May 18, 2012.
According to court documents, on May 18, 2012, a St. Louis Metro Air Support Police helicopter was engaged in a routine police patrol. At approximately 10:00 p.m., the helicopter was dispatched to a call of a possible burglary in progress at a school located near 200 Meriwether in St. Charles County. As the helicopter began a search of the Meriwether property, the pilot and observer noted that the helicopter was struck several times by a green laser beam. When the beam struck the glass of the helicopter, it impacted the vision of the pilot and observer. As a result, the helicopter had to pull away from the search of the Meriwether property.
The helicopter then proceeded toward the direction of the laser beam and was struck again by the beam. The pilot and observer were asked to locate the source of the green laser beam and determined that it came from a residence in the 2700 block of Red Cedar Parc Drive South, in O'Fallon. The pilot and observer saw Smith standing in his driveway with the laser. O'Fallon police responded to that location and observed Smith with a laser pointer in his hand. He was arrested and the laser was seized. He told O'Fallon police that he had been drinking and playing around with the laser and pointed it at the helicopter. The police observer in the helicopter reported that he had some short-term visual problems as a result of the laser strike.
Smith pled guilty in November to one felony count of aiming the beam of a laser pointer at an aircraft, and appeared today for sentencing before United States District Judge Jean C. Hamilton.
This case was investigated by the O’Fallon Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Howard Marcus handled the case for the U.S. Attorney’s Office.
Springfield Man Sentenced for Distributing Crack CocaineRead the Press Release
Boston - A Springfield man was sentenced yesterday in federal court for conspiracy and distribution of cocaine base.
Juan Dessasure, 32, was sentenced by U.S. District Judge Douglas P. Woodlock to four years in prison, to be followed by five years of supervised release. Dessasure pleaded guilty to conspiracy and distribution and possession with intent to distribute cocaine on Oct. 27, 2011.
Had the case proceeded to trial the Government’s evidence would have proven that Dessasure, working with another individual, sold crack cocaine to a cooperating witness in November 2009 and again in January 2010.United States Attorney Carmen M. Ortiz; Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Office; John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration - Boston Field Office; Hampden County District Attorney Mark. G. Mastroianni; United States Marshal John Gibbons; Hampden County Sheriff Michael Ashe; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; and Holyoke Police Chief James M. Neiswanger made the announcement today. The case was prosecuted by Assistant U.S. Attorney Alex J. Grant of Ortiz’s Springfield Branch Unit.
South Carolina Man Pleads Guilty to Kidnapping, Possession of A Firearm and Witness TamperingRead the Press Release
The Defendant Entered A Guilty Plea Following Nearly Two Days of Trial Testimony
CHARLOTTE, N.C. B On Wednesday, April 10, 2013, a South Carolina man on trial in U.S. District Court in Charlotte entered a guilty plea for kidnapping, possession of a firearm and witness tampering offenses after nearly two days of trial testimony, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Tompkins is joined in making today’s announcement by Wayne L. Dixie, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, Chief Debra Duncan of the Monroe Police Department and Sheriff Kip Kiser of the Chesterfield County Sheriff’s Office in South Carolina.
On March 22, 2012, Lonnie Cecil Buchanan, Jr., 44, of Pageland, S.C., was indicted by a federal grand jury on one count of kidnapping, one count of possession of firearm by a convicted felon, and one count of possession of a firearm in furtherance of kidnapping. Court records indicate that following his arrest and while in federal custody, Buchanan began to call the kidnapping victim in an attempt to persuade the victim to recant the statements the victim made to law enforcement and the federal grand jury. As a result of that conduct, in December 2012, a federal grand jury added two charges of tampering with a witness, victim, or an informant in a superseding bill of indictment.
According to filed court documents and evidence presented at trial, on February 26, 2012 Buchanan, while holding a firearm, approached the victim in the Hilltop shopping center parking lot in Monroe, N.C. Witnesses at trial described the victim’s “blood curdling screams” as she ran to her vehicle in an attempt to get away from Buchanan. Buchanan chased the victim and jumped into her car. Witnesses also testified at trial that Buchanan and the victim violently struggled in the car until the victim was knocked unconscious. According to trial proceedings, Buchanan then went to the passenger side of the car and dragged the victim over to a van that he had parked nearby. Witnesses stated at trial that Buchanan stood over the victim with his hand on her throat and when he noticed other people around him, he started to tell the victim that he “was going to take her to the hospital.” Witnesses testified that Buchanan lifted the victim from the ground and placed her on the floor of the van. Witnesses also testified that Buchanan passed the hospital and drove the victim into Chesterfield County in South Carolina. According to court documents and trial proceedings, Buchanan repeatedly hit the victim and told her he would kill her. After 30 hours of being held captive, the Chesterfield County Sherriff’s Office located the van at a vacant house in the woods with both Buchanan and the victim inside. Buchanan was arrested and the victim was taken to the hospital for treatment, according to court records. Witnesses said that Buchanan left the .38 special revolver in the victim’s vehicle at the scene of the kidnapping, along with one of his shoes. During the investigation, law enforcement recovered a loaded .38 special revolver in the victim’s vehicle.
The defendant has been in local federal custody in the Western District of North Carolina since April 2012 and will remain in custody until his sentencing date, which has not been set yet. He faces a maximum of life in prison, a $250,000 fine or both.
The investigation was led by the Monroe Police Department, the Chesterfield County Sheriff’s Office, and ATF. The case was prosecuted by Assistant United States Attorneys Jennifer Lynn Dillon and Dana Owen Washington of the U.S. Attorney=s Office in Charlotte.
Six GRAND SALINE, TEXAS MAN SENTENCED FOR BEING A FELON IN POSSESSION OF A FIREARM Expired Inspection Sticker Leads to Federal Prison SentenceRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas - A 49-year-old Grand Saline, Texas man has been sentenced to serve more than three years in a federal prison for possessing a firearm after having been previously convicted of three felony offenses, announced U.S. Attorney John M. Bales today.
Andrew Mark Harris pleaded guilty on January 10, 2013, to possessing a .22 caliber pistol loaded with seven bullets after having been convicted of 3 felony crimes and was sentenced to 40 months incarceration by U.S. District Judge Leonard Davis during a hearing today.
According to information presented in court, on April 26, 2012 a Grand Saline police officer stopped Harris for driving a car displaying an expired inspection sticker. The officer arrested Harris for the offense and then conducted a property inventory of the car’s contents. The inventory led to the discovery of the loaded pistol. In 2004 Harris was convicted in federal court for distributing methamphetamine. He also has Debit Card Abuse and Credit Card abuse convictions in Kaufman and Van Zandt Counties, respectively.
This case was investigated by the Grand Saline Police Department and the Bureau of Alcohol, Tobacco, and Firearms, Tyler Office and was prosecuted by Assistant U.S. Attorney Jim Noble.
Sioux Falls Man Sentenced in Methamphetamine ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota man was sentenced on April 8, 2013 by U.S. District Court Judge Karen E. Schreier.
Casey Dean Hoefert, age 33, was sentenced to 120 months in prison, to be followed by 5 years of supervised release, for conspiracy to distribute 500 grams or more of a mixture containing methamphetamine. Hoefert was indicted by a federal grand jury on November 6, 2012, and pled guilty to the offense on January 15, 2013.
Hoefert acted as a middle man between two co-conspirators, accepting delivery of methamphetamine from one and delivering it to another, who gave Hoefert payment for the drugs. Hoefert then gave the money to his supplier.
This case was investigated by the SD Division of Criminal Investigation, the Minnesota Bureau of Criminal Apprehension, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.
Hoefert was immediately turned over to the custody of the U.S. Marshal.
Shreveport Man Sentenced to 100 Months in Prison for Distributing Child PornographyRead the Press Release
SHREVEPORT, La. – U.S. Attorney Stephanie A. Finley announced today that John Carpenter Myers, 43, of Shreveport, was sentenced Tuesday by U. S. District Judge Elizabeth E. Foote to 100 months in prison and lifetime supervised release for distributing child pornography.
According to court documents, Louisiana authorities received notice from an undercover investigator in another state that Myers was making images depicting children in sexual situations available through file sharing software on his computer. After a search of his computer, authorities found 1,857 videos and 3,656 digital photographs that depicted minors in sexually abusive circumstances.
“The individual in this case used his computer to provide images of abused children to others online,” Finley said. “His actions contributed to a worldwide trade of such material. Our office will not stop prosecuting those who distribute images and videos depicting abuse of children.”
The Department of Homeland Security – Homeland Security Investigations and the Louisiana State Police – Criminal Investigations Division investigated the case. Assistant U.S. Attorneys Earl Campbell and John Luke Walker prosecuted the case.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Attorney’s Office and the U.S. Department of Homeland Security/Homeland Security Investigations/Immigration & Customs Enforcement (ICE) encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) DHS-2ICE. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online at http://www.ice.gov/exec/forms/hsi-tips/tips.asp and to the FBI at https://tips.fbi.gov. Tips may be reported anonymously. The Shreveport FBI office number is (318) 861-1890.
Sentences for April 05- 11, 2013Read the Press Release
Athena Marie Street, 37, of Lusk, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on April 11, 2013, for making counterfeited securities. Street was arrested in Lusk, Wyoming. She received 33 months of imprisonment, to be followed by three years of supervised release and was ordered to pay a $100.00 special assessment and restitution in the amount of $36,706.02. This case was investigated by the U.S. Secret Service.
Shane Jay Phelps, 39, of Evansville, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on April 11, 2013, for failure to register as a sex offender. Phelps was arrested in Casper, Wyoming. He received 24 months of imprisonment, to be followed by a life-term of supervised release and was ordered to pay a $100.00 special assessment. This case was investigated by the U.S. Marshals Service.
Javier Aristedes Jimenez-Ponce, 41, of Honduras, was sentenced by Federal District Court Judge Alan B. Johnson on April 5, 2013, for illegal re-entry of a previously deported alien into the United States. Jimenez-Ponce was arrested in Evansville, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Rosebud Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 9, 2013 by U.S. District Judge Roberto A. Lange.
Kelly Crow Dog, age 27, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund. Crow Dog was indicted by a federal grand jury on August 29, 2012 and pled guilty to the charge on January 10, 2013.
The conviction stems from an incident on August 7, 2012, wherein Crow Dog argued with the victim, grabbed her hair and shirt, threw her on the ground, placed a knife on her throat, and stabbed her left hand.
The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Crow Dog was remanded to the custody of the U.S. Marshal.
Rosebud Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Abusive Sexual Contact was sentenced on April 9, 2013 by U.S. District Judge Roberto A. Lange.
Benjamin George Murphy, age 65, was sentenced to 36 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund. Murphy was indicted by a federal grand jury on August 22, 2012 and pled guilty to the charge on January 9, 2013.
The conviction stems from an incident that took place between December 1, 1999 and December 15, 1999, when Murphy had sexual contact with a student that he helped teach at the Rosebud Elementary School.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Timothy M. Maher.
Murphy was remanded to the custody of the U.S. Marshal.
Rosebud Man Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Myron Dubray, age 26, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 9, 2013 and pled guilty to Count I of the Indictment that charged him with Possession with Intent to Distribute a Controlled Substance.
There is a mandatory minimum of 5 years of imprisonment, a $5,000,000 fine, or both; at least 4 years of supervised release and an additional 3 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.
The charge stems from an incident on March 21, 2012, wherein a Todd County residence was searched by law enforcement, and officers found over 50 grams of methamphetamine, a Scheduled II controlled substance, on Dubray.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Dubray was remanded to the custody of the U.S. Marshal Service pending sentencing which has been set for June 25, 2013.
Rosebud Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Mitchell Stoneman, age 22, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 8, 2013 and pled guilty to Assault with a Dangerous Weapon. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on October 11, 2012 when Stoneman assaulted the victim with a bat and rock, with intent to do bodily harm to the victim.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Timothy M. Maher.
A presentence investigation was ordered and a sentencing date was set for June 24, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rosebud Man Indicted for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury for Abusive Sexual Contact.
Sonny Gray Grass, age 57, was indicted by a federal grand jury on August 22, 2012. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 9, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; life of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Gray Grass is presumed innocent until and unless proven guilty. The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Gray Grass was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Rochester Man Convicted at Trial of Drug Trafficking and Firearms PossessionRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Preston Clements, 22, of Rochester, N.Y., was convicted of possession of marijuana with intent to distribute, maintaining a drug related premises, and possession of a firearm in the furtherance of the drug distribution activity following a jury trial before U.S. District Judge Frank Geraci, Jr. The charges carry a minimum sentence of five years in prison, a maximum of life, and a $250,000.
Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that on February 23, 2011, the Rochester Police Department responded to 166 Atkinson Street after receiving a call for suspicious activity at that location. Upon arrival, officers became concerned that the house was being burglarized and, through a window to Apartment #1, observed a firearm laying on a bed. Officers entered the residence and discovered marijuana which turned out to be 41 bags packaged for sale. Officers also located a digital scale common to drug trafficking as well as cash.
Further, officers found the defendant hiding in an attic apartment on the third floor of the building along with a woman identified as his girlfriend. Clements was arrested and questioned regarding the firearm and drugs located in Apartment #1. During the interview, the defendant admitted to selling the marijuana out of Apartment #1 and admitted to possessing the firearm for protection.
During the trial, the defendant testified that he in fact sold marijuana as he had previously stated, but denied possessing the firearm recovered by officers. The defendant added that he does not like firearms and that while he was aware that the firearm was present that night, it was not his and he had no intention of possessing or using it.
Following his conviction, the defendant was taken into custody by the U.S. Marshals Service at which time a bag of suspected marijuana was found in Clements' pocket.
The conviction is the result of an investigation by the Firearms Suppression Unit, composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney and the Rochester Police Department, under the direction of Chief James M. Sheppard.
Sentencing is scheduled for July 11, 2013 at 9:00 a.m. before Judge Geraci.Robbinsville, N.C. Man Sentenced to Prison for Killing A Black Bear Cub in Nantahala National ForestRead the Press Release
ASHEVILLE, N.C. – U.S. Magistrate Judge Dennis L. Howell sentenced a Robbinsville, N.C. man to five months in prison on Wednesday, April 10, 2013 for killing an American Black Bear cub in Nantahala National Forest in October 2011, announced today Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.
Kristin Bail, Forest Supervisor for the National Forests of North Carolina joins U.S. Attorney Tompkins in making today’s announcement.
According to filed court documents and yesterday’s sentencing hearing, in October 2011 Tyler Micaiah Colvin, 20, of Robbinsville used a .50 caliber muzzleloader to kill a Black Bear cub in the Wayah Bear Sanctuary in the Nantahala National Forest, in Macon County. Court records indicate that Colvin had fired three shots, one of which fatally wounded the bear cub. Bear season was not open at the time Colvin killed the cub, it is illegal to kill a bear weighing less than 50 pounds at any time and killing bears within a bear sanctuary is prohibited even during bear hunting season. Court documents and court proceedings indicate that Colvin shot the bear cub, skinned it and removed the paws and some meat. Colvin left the remainder of the carcass and the entrails in the forest. Forest agents apprehended Colvin and retrieved the bear parts from his vehicle, all according to court records. Colvin pleaded guilty in December 2012 to one count of transporting wildlife that had been taken in violation of federal laws and regulations, which is a violation of the Lacey Act.
“The Lacey Act is an important arsenal in our fight against those who illegally kill endangered and threatened species,” said U.S. Attorney Tompkins. “It is important for all of us to follow the law when hunting protected species. Colvin’s conduct was outrageous, inhumane and illegal and anyone involved in the illegal killing of Black Bears will be vigorously prosecuted by this office.”
“This case is a positive example of how important partnerships between Forest Service and the North Carolina Wildlife Resources Commission can produce maximum results in the protection of our resources. Officers are faced with bad odds when dealing with poaching in such vast areas, so we urge the public to report all big game violations. These types of results definitely send a message to those who steal from the public,” said Steve Ruppert, Special Agent in Charge for the U.S. Forest Service, Southern Region.
“I commend the U.S. Forest Service agents and officers of their work on this case, and I believe the sentence sends a message that illegal hunting will not be tolerated in the national forests,” said Kristin Bail, forest supervisor of the U.S. Forest Service’s National Forests in North Carolina. “Working with a wide variety of local, state and federal partners, the Forest Service is committed to protecting wildlife to ensure these and other natural resources are available for the next generation of forest visitors.”
“The thin Green Line formed by the U.S. Forest Service, the U.S. Fish and Wildlife Service and the North Carolina Wildlife Resources Commission is all that stands between our state’s precious wildlife resources and those who take game illegally in our state. If it were not for the support of our Judges, the U.S. Attorney’s Office and the public for whom we serve, all efforts would be lost. This is a fine example of how things should work, from the execution and case development of the officers in the field to the handling of the case when it gets to court,” said Captain Greg Daniels, of the North Carolina Wildlife Resources Commission’s 9th District.
In addition to the prison sentence, Judge Howell ordered Colvin to one year of supervised release and to surrender his hunting license while he is under court supervision. Colvin is also prohibited from engaging in any hunting activities during that year. Colvin was also ordered to pay $2,232 as restitution to the North Carolina Wildlife Resources Commission for the killing of the Black Bear cub and was ordered to forfeit the muzzleloader rifle, a powder horn, and a deer call device.
The U.S. Attorney’s Office reminds the public that American Black Bears are a species of special concern warranting federal and state protection on the Blue Ridge Parkway and the Great Smoky Mountains National Park. Hunting is illegal at any time within the National Parks. Hunting on Forest Service land is only permitted during open season and in compliance with federal and state law.
To report Lacey Act violations, including the illegal hunting of American Black Bears, within National Parks and National Forests, please call the Law Enforcement Desk of the Great Smoky Mountains National Park at 1-865-436-1230, The North Carolina State Wildlife Hotline at 1-800-662-7137, U.S. Fish and Wildlife Service, 1-828-258-2084 or the National Forests at 1-828-231-0288.
The investigation was conducted by the United States Forest Service. The prosecution was handled by Assistant U.S. Attorney Richard Edwards of the U.S. Attorney’s Office in Asheville.
Ridgeway County Man Sentenced to Imprisonment for Manufacturing MarijuanaRead the Press Release
Daniel J. Fulkerson, 39, of Ridgeway, Illinois, was sentenced today in United States District Court in Benton to a term of 60 months in prison for growing over 100 marijuana plants and conspiring with others to do so, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois. Fulkerson previously pled guilty to a two-count indictment charging him with conspiring with two other individuals to manufacture over 100 marijuana plants (count 1) and manufacturing over 100 plants (count 2).
The offenses occurred in Gallatin County between April 2012, and August 29, 2012. On August 29th, law enforcement agents conducted ground surveillance on three marijuana plots which they had identified from the air and took Fulkerson and co-defendant Paul E. Reynolds, also of Ridgeway, into custody as they entered the plots to water and tend the plants. A total of 132 plants were seized.
In addition to the 5 year term of imprisonment, Fulkerson was ordered to pay the United States fines and special assessments totaling $400 and was placed on a 4 year term of supervised release to follow his incarceration. Fulkerson was returned to the custody of the United States Marshal to await designation by the Federal Bureau of Prisons to one of its facilities.
Reynolds has also pled guilty to the same charges. His sentencing is set for Thursday, April 25th at 10 a.m. at the United States District Courthouse in Benton.
The case was investigated by the Carmi office of the Southern Illinois Drug Task Force.
The case is being prosecuted by Assistant United States Attorney James M. Cutchin.
Richmond Man Sentenced to 70 Months for Receipt of Child PornographyRead the Press Release
RICHMOND, Va. – Michael Winston Baynes, 60, of Richmond, Va., was sentenced today to 70months in prison and a $2,500 fine, followed by 10 years of supervised release, for Receipt of Child Pornography, in violation of 18 U.S.C. § 2252A(a)(2)(A).
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, made the announcement after sentencing by United States District Judge Henry E. Hudson. Baynes pled guilty on January 4, 2013.
According to court documents, Baynes ordered a two-disc set of child pornography on the internet from a Canadian company. A search warrant executed at his home uncovered an additional seven discs of child pornography movies. Much of Baynes’s former employment involved extensive contact with children, including work at a private school in Henrico County and for a county recreation department.
This case was investigated by the United States Postal Inspection Service and is part of Operation Spade. Assistant United States Attorney Jessica Aber Brumberg prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Raleigh Man Sentenced as Felon in Possession of A FirearmRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today GREGORY KEITH CREARY, 38, of Raleigh, North Carolina was sentenced by United States District Judge Terrence W. Boyle to 46 months imprisonment, followed by three years of supervised release.
On January 3, 2013, CREARY pled guilty to possession of a stolen firearm and ammunition and aiding and abetting in violation of Title 18, United States Code, Sections 922(j), 924(a)(2) and 2.
According to the investigation, on November 30, 2010, CREARY and a co-defendant broke into a home in Wake County and stole personal items including a .22 caliber revolver.This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Wake County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney S. Katherine Burnette prosecuted the case.
Project Safe Neighborhoods: America’s Network Against Gun Violence in the Eastern District of North CarolinaRead the Press Release
FAYETTEVILLE – Thomas G. Walker, United States Attorney for the Eastern District of North Carolina, announced today that the United States Attorney’s Office is continuing in their battle against gun violence. The Project Safe Neighborhoods (PSN) program continues to encourage federal, state, and local agencies to cooperate in a unified “team effort” against gun crime.
Since 2002, the United States Attorney’s Office for the Eastern District of North Carolina, working with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and other federal and state agencies has committed itself to aggressively pursue the goals of Project Safe Neighborhoods.
These goals include the opportunity to give identified offenders a second chance to become productive citizens by conducting offender notification meetings in which not only the stiff consequences of their actions are explained but offers of assistance through community resources such as drug treatment, housing and employment are provided.
However, if the offender continues commiting crimes, the District Attorney’s Office frequently will forego the state prosecution of gun crime, in lieu of federal prosecution, where the offender’s sentence is greater under federal guidelines than the State’s guidelines.
Last week, a Federal Grand Jury returned indictments on 12 individuals from the Fayetteville area who were charged with firearm and other related violations. These individuals were arrested this week and have had their initial appearances.
LONNELL DEANGELO MCRAE, 26, has been charged with robbery of a business in interstate commerce, in violation of Title 18, United States Code, Section 1951; brandishing a firearm during a federal crime of violence, in violation of Title 18, United States Code, Section 924(c); carjacking, in violation of Title 18, United States Code, Section 2119; unlawful possession of a firearm by a convicted felon (2 counts), in violation of Title 18, United States Code, Section 924(c); and possession of a stolen firearm, in violation of Title 18, United States Code, Section 922(j). Previous media coverage reported that MCRAE entered the Little Vegas sweepstakes parlor on Owen Drive, displaying handguns, and after assaulting two individuals in the establishment and taking an undisclosed amount of money, stole a customer’s vehicle when fleeing. The maximum penalty is up to a life-term of imprisonment followed by five years of supervised release and a fine of up to $250,000.
DONQUIEZ FRANKIE WILBRIDGE, 24, was charged with possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924. According to previous media reports, on December 2, 2012, WILBRIDGE fired a gun at a off-duty deputies that were at a Waffle House restaurant. The maximum penalty is up to 10 years imprisonment followed by three years of supervised release and a fine of up to $250,000.
CRISTOPHER DEAN GILBERT, 23, was charged in a nine-count Indictment, with one count of conspiring to commit Hobbs Act robbery, in violation of Title 18, United States Code, Section 1951; three counts of Hobbs Act robbery, in violation of Title 18, United States Code, Sections 1951 and 2; one count of using and carrying a firearm during and in relation to a crime of violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A) and 924(c)(1)(A)(ii). According to the Indictment, between October 24, 2012, and December 1, 2012, GILBERT robbed three Taco Bell restaurants in the Fayetteville area. The Indictment further details how GILBERT forced his way into each restaurant. The maximum penalty is up to life imprisonment followed by five years supervised release and a fine of up to $250,000.
CHRISTOPHER HAGEN, 25, was charged in a three-count Indictment with possession with intent to distribute marijuana, in violation of Title 21, United States Code, Section 841(a)(1); discharging a firearm during a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c); and unlawful possession of a firearm and ammunition by a convicted felon, in violation of Title 18, United States Code, Section 922(g). The maximum penalty is up to 20 years imprisonment followed by up to five years supervised release and a fine of up to $250,000. If deemed an Armed Career Criminal, the maximum penalty is up to life imprisonment.
KAREEM DESHAUN GRISSETT, 22, has been charged with two counts of possession of a stolen firearm, in violation of Title 18, United States Code, Sections 922(j) and 924(a)(2). The maximum penalty is up to 10 years imprisonment followed by up to three years supervised release and a fine of up to $250,000.
ROBERT TYCELL LOCKHART, 23, was charged with possession with intent to distribute a quantity of cocaine base (crack), in violation of Title 21, United States Code, Section 841(a)(1); possession with intent to distribute a quantity of oxycodone, in violation of Title 21, United States Code, Section 841(a)(1); and possession of a firearm in furtherance of a drug trafficking offense, in violation of Title 18, United States Code, Section 924(c)(1). The maximum penalty is up to life imprisonment followed by up to five years supervised release and a fine of up to $1,000,000.
ARON LAMAR SEARCY, 27, was charged with unlawful possession of a firearm by a convicted felon. The maximum penalty is up to 10 years imprisonment followed by up to three years supervised release and a fine of up to $250,000. If deemed an Armed Career Criminal, the maximum penalty is up to life imprisonment.
CONFESSOR LUIS SOTO, 40, was charged in a three-count Indictment with unlawful possession of a firearm and ammunition by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924; possession with intent to distribute more than 100 grams of Heroin and a quantity of cocaine, in violation of Title 21, Untied States Code, Section 841(a)(1); and possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c). The maximum penalty is up to a life-term of imprisonment followed by up to five years of supervised release. A Forfeiture Notice has been filed that includes a Chinese Type 56-1, 7.52x39 caliber rifle; a Raven Arms, model MP-25, .25 caliber semi-automatic handgun; and ammunition.
CHRIS EMANUEL STEWART, 35, was charged with unlawful possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924. The maximum penalty is up to 10 years imprisonment followed by up to three years supervised release and a fine of up to $250,000. If deemed an Armed Career Criminal, the maximum penalty is up to a life-term of imprisonment.
PERRY LAMONT SYKES, 35, was charged with unlawful possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924. The maximum penalty is up to 10 years imprisonment followed by up to three years supervised release and a fine of up to $250,000. If deemed an Armed Career Criminal, the maximum penalty is up to a life-term of imprisonment.
BRIAN KEITH TATE, 37, of Raeford, North Carolina, has been charged with unlawful possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924. The maximum penalty is up to 10 years imprisonment followed by up to three years supervised release and a fine of up to $250,000. If deemed an Armed Career Criminal, the maximum penalty is up to a life-term of imprisonment.
VICTOR WHITE, 37, has been charged in a three-count Indictment with possession with intent to distribute a quantity of marijuana, in violation of Title 21, United States Code, Section 841(a)(1); possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A); and unlawful possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924. The maximum penalty is up to a life-term of imprisonment followed by up to five years supervised release and a fine of up to $250,000.
Other recent noteworthy prosecutions include:
JARVIS MCCOY was sentenced to 264 months imprisonment on April 10, 2013, for conspiring to distribute and possess with intent to distribute 280 grams or more of cocaine base (crack) and a quantity of cocaine. According to the investigation, several controlled purchases were performed by the Fayetteville Police Department. Search warrants were executed at MCCOY’s residence where powder cocaine, crack cocaine, drug packaging and manufacturing materials, and cash were found.
MAJOR RAY BROWN was sentenced to 132 months imprisonment on March 20, 2013, for distributing a quantity of cocaine base (crack) and possessing a firearm in furtherance of a drug trafficking crime. The investigation revealed that from August, 2010, to December, 2011, BROWN trafficked in crack and powder cocaine and firearms. On several occasions during this period, BROWN sold the drugs and firearms to confidential informants working under the direction of law enforcement.
ROBERT TYRONE CAMPBELL was sentenced to 188 months imprisonment on November 13, 2012, for unlawful possession of a firearm by a convicted felon. According to the investigation, Fayetteville police received a 9-1-1 call regarding a home invasion, during which 1 shotgun, 2 handguns, 4 rifles, and a laptop were stolen. The investigation revealed that four rifles had been pawned at Jim’s Gun and Pawn Shop and the transactions were recorded on video surveillance. The pawn ticket also revealed CAMPBELL as the person who sold the weapons and the weapons were identified by the owner as having been stolen from his residence.
LEROY EARL LOVELL received 190 months imprisonment on July 25, 2012, for conspiring to distribute and possessing with intent to distribute 50 kilograms or more of marijuana and possessing a firearm in furtherance of a drug trafficking crime. According to court evidence, in April, 2009, a parcel containing illegal narcotics, mailed in Tucson, Arizona, to an address in Fayetteville, North Carolina, came to the attention Arizona law enforcement. The parcel was intercepted in North Carolina by law enforcement and a controlled delivery performed. LOVELL accepted the package and placed it in his vehicle. A traffic stop was performed and after a brief foot chase, LOVELL was apprehended. Inside the parcel, 10 pounds of marijuana was found.
BILLY JOE SCOTT was sentenced to 384 months imprisonment on January 11, 2012, for brandishing a firearm in furtherance of a crime of violence. From November 29, 2010, to January 4, 2011, SCOTT robbed the same Exxon station in Fayetteville four different times. During the last robbery, the clerk was able to sound a silent alarm, to which law enforcement responded. A foot chase ensued to a nearby trailer park where SCOTT was seen stuffing items under one of the trailers. Following SCOTT’s apprehension, a search for the items was begun. A .32 caliber Smith and Wesson Long Model 732 handgun was located.
RAMONE ETHRIDGE received a 120-month sentence on March 15, 2012, for possessing a stolen firearm. According to the investigation, on January 8, 2010, law enforcement received a 9-1-1 call regarding a residential break-in in Cumberland County. A description of the vehicle that had backed into the residence’s driveway and an account of how two men had gotten out of the vehicle, pried open the door to the residence, and taken a television, a game station and two firearms, was given. The vehicle was located and a traffic stop was attempted, however, the driver fled. The vehicle crashed and the occupants, later identified as ETHRIDGE and co-defendant Jerry Donnell Thompson, fled on foot. They were apprehended and inside the vehicle law enforcement found the stolen items.
ANTWOINE SHAVEZZ STANLEY pled guilty on February 12, 2013, to possessing with intent to distribute a quantity of marijuana and possessing a firearm in furtherance of a drug trafficking crime. In April, 2012, Fayetteville police located a suspicious package in the United Parcel Service warehouse. A K-9 officer alerted positive to the presence of narcotics within the package. A search warrant was obtained and six pounds of marijuana was identified in the package. A controlled delivery was conducted, with STANLEY taking possession of the package. Searches of STANLEY’s residence and vehicle were performed. Law enforcement found 1.2354 kilograms of marijuana, 3 grams of synthetic marijuana, $1,800 in cash, a ballistic vest, and a loaded revolver and ammunition.
The ATF Task Force in Fayetteville receives cases on a daily basis for federal prosecution and continues their commitment to assisting in those prosecutions.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
Pennsylvania Resident Enters Plea of Guilty in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
CLARKSBURG, WEST VIRGINIA - A 23 year old Pittsburgh, Pennsylvania, resident entered a plea of guilty on April 10, 2013, in United States District Court in Clarksburg before Magistrate Judge John S. Kull.
United States Attorney William J. Ihlenfeld, II, announced that:
DANNY POSTON entered a plea of guilty to “Possession with Intent to Distribute in Excess of 28 Grams of Cocaine Base within 1,000 Feet of Monticello Avenue Playground” on June 2, 2011. POSTON, who is in custody pending sentencing, faces 5 to 80 years imprisonment and a $4,000,000 fine.
The case was prosecuted by Assistant United States Attorney Zelda E. Wesley and investigated by the Harrison County Drug Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department.
Pennsylvania Man Admits Robbing Two Banks in One MonthRead the Press Release
TRENTON, N.J. — A Pennsylvania man today admitted robbing two banks, one in New Jersey and one in Pennsylvania, in October 2011, U.S. Attorney Paul J. Fishman announced.
Odel Taitt, 33, of Denver, Pa., pleaded guilty before U.S. District Judge Mary L. Cooper to an Information charging him with two counts of bank robbery.
According to documents filed in this case and statements made in court:
Taitt admitted that on Oct. 6, 2011, he robbed the National Penn Bank in Wyomissing, Pa., wearing sunglasses and a baseball cap. He presented the teller with a note demanding money and stating that he had a gun. The teller complied with Taitt’s demands and Taitt fled the bank.
He also admitted that on Oct. 25, 2011, he entered the PNC Bank in Tewksbury Township, N.J., wearing sunglasses and a gray, derby hat. He presented the teller with a note that asked for $20, $50 and $100 bills and again threatened that he had a gun. He received the money and fled the bank. Taitt was apprehended later that day in Hunterdon County.
The charges to which Taitt pleaded guilty are each punishable by a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is currently scheduled for July 16, 2013. Taitt is in federal custody pending sentencing.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation leading to today’s guilty plea. He also thanked the Hunterdon County Prosecutor’s Office, under the direction of Prosecutor Anthony P. Kearns, III; the Union County Prosecutor’s Office, under the direction of Prosecutor Theodore J. Romankow; the Tewksbury Township Police Department, under the direction of Chief Thomas Holmes; the New Providence Police Department, under the direction of Chief Anthony D. Buccelli, Jr.; the Bernards Township Police Department, under the direction of Chief Brian Bobowicz; and the Wyomissing Police Department, under the direction of Chief Jeffrey R. Biehl, for their contributions to the case.
The government is represented by Deputy U.S. Attorney Nelson S.T. Thayer Jr. in Camden and Assistant U.S. Attorney John E. Clabby of the U.S. Attorney’s Office Criminal Division in Trenton.
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Defense counsel: Andrea Bergman Esq. Trenton
Taitt Information
Passport Fraud AllegedRead the Press Release
Emerson Flowers, 49, of Collingdale, PA, was charged today by Indictment with passport fraud, and use of a Social Security number assigned on the basis of false information. These offenses arise from the defendant’s attempt to obtain a U.S. Passport on January 18, 2013 using fraudulent identification in that name, announced United States Attorney Zane D. Memeger.
If convicted, the each defendant faces a maximum possible sentence of 15 years in prison, a fine of up to $500,000, a three-year term of supervised release, and a $200 mandatory special assessment.
The case was investigated by United States State Department and the Social Security Administration and is being prosecuted by Assistant United States Attorney Joel D. Goldstein.
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, 215-861-8525Oxycodone Traffickers Face Federal ChargesRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announces the unsealing of a criminal complaint charging numerous individuals with conspiracy to distribute oxycodone. If convicted, each faces a maximum penalty of 20 years in federal prison. The following individuals were charged in the federal criminal complaint:
Edwin Morales, a.k.a. "Mikey" (51, Palm Bay, FL)
Rafael Rivera, a.k.a. "Chapo" (39, Palm Bay, FL)
Juan Luis Collazo-Pinto, a.k.a. "Pacho" (28, Holyoke, MA)
Carlos Alberto Cotto-Lopez, a.k.a. "Papito" (24, Holyoke, MA)
Jose Manuel Garcia-Santiago, a.k.a. "Cenizo" (28, Puerto Rico, Holyoke, MA)
Edwin Miguel Negron (26, Holyoke, MA)
Heriberto Morales-Hernandez (44, Holyoke, MA)
Isaac Matta-Robles (54, Miami, FL)
Jose Antonio Ortiz-Gonzalez, a.k.a. "Chelo" (49, Puerto Rico)
Francisca Maria Paez (27, Kissimmee, FL)According to the complaint, Edwin Morales and Rafael Rivera managed a Drug Trafficking Organization (DTO) that operated in Florida, Puerto Rico, and Massachusetts. The conspirators fraudulently obtained prescriptions for various controlled substances, mostly oxycodone. Members of the DTO traveled to Florida from Puerto Rico and Massachusetts, and posed as patients at various pain management clinics. These “clinic patients” would obtain prescriptions for oxycodone and provide them to Edwin Morales or Rafael Rivera. Morales and Rivera then filled the prescriptions at pharmacies in the Middle District of Florida. On a number of occasions, Edwin Morales and Rafael Rivera mailed the oxycodone to co-conspirators in Holyoke, Massachusetts. After the oxycodone was sold in Massachusetts, the drug proceeds were deposited at local banks and later withdrawn from bank branches in the Palm Bay area.
A criminal complaint is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation, the U.S. Postal Inspection Service, and the Palm Bay Police Department. It will be prosecuted by Assistant United States Attorney Daniel W. Eckhart.
Nova Datacom, LLC and Its Former President Plead Guilty in Bribery Scheme Involving Government ContractsCompany Paid Public Officials in Return for Millions in Contracts, Submitted Fraudulently Inflated InvoicesRead the Press Release
WASHINGTON – Nova Datacom, LLC, a Northern Virginia company, and its former president, Min Jung Cho, pled guilty today to federal charges stemming from their roles in a bribery and kickback scheme involving corrupt public officials from the U.S. Army Corps of Engineers and the Department of the Army as well as various government contractors.
Nova Datacom admitted to paying more than $15 million in bribes to three public officials in return for contracts awarded through the Army Corps of Engineers and the Department of the Army. In addition, Nova Datacom admitted paying more than $790,000 in kickbacks to executives of two companies that channeled government sub-contracts to the firm.
The guilty pleas were announced by U.S. Attorney Ronald C. Machen Jr.; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI); Peggy E. Gustafson, Inspector General for the Small Business Administration (SBA); Robert E. Craig, Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS), and Frank Robey, Director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU).
The developments are the latest in an ongoing investigation of the largest domestic bribery and bid-rigging scheme in the history of federal contracting cases. Overall, participants in the scheme stole over $30 million in government money through inflated and fictitious invoices.
Nova Datacom, LLC and Min Jung Cho, 44, of Springfield, Va., each pled guilty in the U.S. District Court for the District of Columbia to conspiracy to defraud the United States. In addition, Nova Datacom pled guilty to three counts of bribery.
The Honorable Emmet G. Sullivan scheduled a status hearing for June 27, 2013. No sentencing date was set. Under federal sentencing guidelines, Nova Datacom faces a fine of $39.6 million to $79.2 million. Cho faces a statutory maximum of five years in prison and financial penalties.
Two executives from other businesses pled guilty to charges in recent weeks. All told, 15 individuals and Nova Datacom have pled guilty so far in the investigation.
They include three defendants who worked closely with Nova Datacom throughout the course of the scheme: Kerry F. Khan and Michael A. Alexander, former program managers for the U.S. Army Corps of Engineers, and Harold F. Babb, the former director of contracts at Eyak Technology LLC (EyakTek), an Alaska Native-owned small business.
Three other defendants who worked for Nova Datacom are among those who earlier pled guilty to charges. They include Alex N. Cho, also known as Young N. Cho, the brother of Min Jung Cho and the company’s former chief technology officer; Nick Park, a former employee who later opened his own business, Unisource Enterprise Inc. (UEI), and Theodoros Hallas, the company’s former Executive Vice President of Operations.
As part of the plea agreements, Nova Datacom and Min Jung Cho have agreed to the entry of a forfeiture money judgment against them in the amount of $6.8 million.
“Today’s guilty pleas hold a corporation and its former president criminally accountable for their roles in funneling millions of dollars into a sprawling bribery scheme involving corrupt public officials and compromised government contractors,” said U.S. Attorney Machen. “They also reveal that this brazen fraud extended to the Department of the Army, where a corrupt public official exchanged contracts for cash, gambling in Las Vegas, and a $70,000 Lexus. Fifteen individuals have now pled guilty in this ongoing investigation, and today’s guilty plea by Nova Datacom demonstrates our commitment to holding accountable the corporations that benefit from crimes committed by their officers and employees.”
“Today’s pleas are yet two more admissions of guilt in the largest fraud scheme in the history of federal contracting cases,” said Assistant Director in Charge Parlave. “Together with our law enforcement partners, the FBI will continue to combat bribery and fraud, and we will ensure those who engage in such illegal activity are brought to appropriate justice.”
“The use of bribes and kickbacks to secure government contracts will not be tolerated in SBA’s 8(a) Business Development Program,” said SBA Inspector General Gustafson. “The SBA OIG appreciates the leadership of the U.S. Attorney’s Office and the support of our interagency partners in bringing forth these plea agreements.”
“At a time when Government and taxpayer resources are being stretched to their limits and our Service members continue to make sacrifices to protect our national security, it is detestable that Nova Datacom would blatantly conspire to defraud the Government and, eventually, the American warfighter,” said Special Agent in Charge Craig of DCIS. “The illegal manipulation of contracts to facilitate bribes and kickbacks that circumvent the military contracting process costs the taxpayer and warfighter alike. This investigation sends a clear message to those who may follow in the defendants’ footsteps—the Defense Criminal Investigative Service and our law enforcement partners will take aggressive action to identify and investigate those that endeavor to take advantage of the Department of Defense and the men and women of the Uniformed Services.”
Nova Datacom provided information assurance and security services to commercial companies and federal departments and agencies. The bribery charges involve Nova Datacom’s dealings with an unnamed former official with the Department of the Army and with Khan and Alexander of the Army Corps of Engineers. Evidence shows that the schemes began in 2007, as Nova Datacom moved heavily into government contracting.
According to the government’s evidence, Alex Cho founded Nova Datacom in 2004 and was its sole owner until 2007. That year, he transferred complete ownership of the company to his sister to enable the firm to apply to the Small Business Administration for status as a woman-owned, minority small business. This would give the company an advantage in securing government contracts. At the time of the transfer, Alex Cho did not intend that his sister would control Nova Datacom or control its day-to-day operations. Later in 2007, based on false representations the SBA certified Nova Datacom.
From 2007 through 2010, Nova Datacom sought government business by submitting false past performance references and evaluations that fraudulently burnished its qualifications. The company also engaged in bribery to win government contracts.
Scheme Involving the Army Corps of Engineers
According to the government’s evidence, one scheme involved bribery payments and promises to Khan and Alexander. Starting in 2007, Alex Cho, Min Cho, Park, and other representatives of Nova Datacom paid Khan and Alexander in exchange for their steering contracts and subcontracts from the U.S. Army Corps of Engineers to the company. Some subcontracts were awarded through Babb’s firm, EyakTek, and Babb also received kickbacks.
At Khan’s direction, Nova Datacom submitted fraudulently inflated quotes to the Army Corps of Engineers and EyakTek for the work performed. The fraudulently inflated amounts were referred to by Khan as “overhead,” and they generated the illicit proceeds of the scheme.
From in or about the spring of 2007 through Oct. 4, 2011, when Khan, Alexander and Babb were arrested, the U.S. Army Corps of Engineers awarded contracts and sub-contracts to Nova Datacom that included in excess of $20 million in “overhead.” Nova Datacom used portions of this “overhead” to make payments benefiting Khan, Alexander, Babb and others.
For example, Nova Datacom and its representatives gave, offered and promised things of value directly and indirectly to Khan in excess of $14 million. The company and its representatives offered, promised and provided things of value directly and indirectly to Alexander of approximately $1 million.
Finally, Nova Datacom and its representatives offered, promised and provided kickbacks directly and indirectly for the benefit of Babb in excess of $400,000.
Law enforcement stepped in as plans were in development to steer a long-term contract worth up to $780 million to Nova Datacom as the primary contractor.
Schemes Involving the Department of the Army
According to the government’s evidence, Alex Cho and Park paid a person identified as “Public Official C” a total of $50,000 in cash in 2007 in return for the award of subcontracts to Nova Datacom. In addition, they provided the official with first-class airline upgrades, entertainment, casino chips and lodging in Las Vegas. The official recommended the company receive a subcontract valued at nearly $330,000.
Also, in 2010, Alex Cho agreed to pay kickbacks to another businessman in return for subcontracts awarded to Nova Datacom through the Army. Oh Sung Kwon, also known as Thomas Kwon, was the co-founder and chief financial officer of Avenciatech, Inc. He helped Nova Datcom win a subcontract worth more than $1.4 million. Nova Datacom paid approximately $390,000 in profits derived from this contract for the benefit of Kwon.
Other Guilty Pleas
John Han Lee, 42, a co-founder of Unisource Enterprise Inc. (UEI), pled guilty on March 29, 2013 to one count of bribery and one count of conspiracy to commit bank fraud.
Lee, 42, of Ashburn, Va., admitted taking part in schemes between 2008 and 2011 with “Public Official C” at UEI and two other firms that he later joined, “Company E,” and Avenciatech, Inc. With assistance from “Public Official C,” who had a secret ownership in UEI and Avenciatech, the companies got sub-contracts; in turn, they provided “Public Official C” with benefits including golf outings, hotel stays, a trip to the Bahamas, cash payments, a Lexus automobile worth about $69,000, meals and entertainment.
In addition, Lee admitted joining in a mortgage fraud scheme in northern Virginia between 2004 and 2008 that cost lenders more than $1.2 million.
King Everett Johnson, a former employee of UEI and the founder of Integrated Business and Technology Solutions, LLC (IBATS), pled guilty on March 29, 2013 to one count of conspiracy to commit wire fraud. Johnson, 42, of Jersey City, N.J., admitted participating in the conspiracy in 2009 with others, including “Public Official C,” who at the time was an assistant project manager for the U.S. Army based in Seoul, South Korea. In collusion with “Public Official C,” Johnson submitted fraudulent invoices from IBATS, totaling $124,163, to the Department of the Army through Company E. He received the proceeds, transferred $40,000 for the benefit of Kwon, and kept the rest for himself.
The others who earlier pled guilty to charges include Kerry Khan’s son, Lee A. Khan; Kerry Khan’s brother, Nazim Khan; Larry G. Corbett, owner of Core Technology LLC and Enterprise Technical Solutions, Inc.; Robert L. McKinney, the president of Alpha Technology Group, Inc., a provider of program management services; James Edward Miller, formerly of Virginia Beach, Va., the owner of Big Surf Construction Management LLC; and Kwon, the co-founder and chief executive officer of Avenciatech, Inc.
In announcing the guilty pleas, U.S. Attorney Machen, Assistant Director in Charge Parlave, Special Agent in Charge Kelly, Inspector General Gustafson, Special Agent in Charge Craig, and Director Robey thanked those who investigated the case from the FBI’s Washington Field Office; the Office of the Inspector General for the Small Business Administration; the Department of Defense’s Defense Criminal Investigative Service; the Defense Contract Audit Agency; the Washington Field Office of the Internal Revenue Service-Criminal Investigation, and the Army Criminal Investigation Command. They also expressed thanks to the U.S. Marshals Service for its assistance on the forfeiture matter.
They also praised the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michael K. Atkinson, Bryan Seeley, and James Smith of the Fraud and Public Corruption Section and Assistant U.S. Attorney Anthony Saler of the Asset Forfeiture and Money Laundering Section.
Finally, they expressed thanks for assistance provided by Stephanie Brooker, former Chief of the office’s Asset Forfeiture and Money Laundering Section; Forensic Accountant Maria Boodoo; Paralegal Specialists Tasha Harris, Lenisse Edloe, Shanna Hays, Taryn McLaughlin, Christopher Samson, and Nicole Wattelet, and Legal Assistants Krishawn Graham and Jessica McCormick.
13-129North Attleboro Bank Employee Sentences for Bank FraudRead the Press Release
BOSTON - A North Attleboro woman was sentenced yesterday in federal court for taking over $112,000 from the bank where she was employed.
Debra S. Antonitis, 45, was sentenced by U.S. District Judge William G. Young to time served, to be followed by two years of supervised release, of which six months will be served in home detention. Antonitis was also order to pay restitution of $92,128.95 and a $100 special assessment. The Court also entered a forfeiture order of $112,385. Antonitis pleaded guilty to one count of bank fraud on Jan. 14, 2013.
Between April 2006 and early January 2012, Antonitis made 143 fraudulent transfers of funds through the records system of the bank where she worked, in order to take approximately $112,385. Antonitis conducted each of these fraudulent transfers by creating fictitious withdrawals from customers’ accounts and transferring the funds to herself in cash or in deposits to her own accounts. She covered up her thefts by creating false entries in the bank’s records to make it appear that customers had withdrawn the funds.
United States Attorney Carmen M. Ortiz and Richard Deslauriers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Division made the announcement. The case was prosecuted by Assistant U.S. Attorney Sara Miron Bloom of Ortiz’s Economic Crimes Unit.
Nineteen Charged After Fbi Task Force Investigation into Gang-related Drug Trafficking in HartfordRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, Kimberly K. Mertz, Special Agent in Charge of the Federal Bureau of Investigation, and Hartford Police Chief James C. Rovella, today announced that 19 individuals have been charged with federal narcotics offenses related to the distribution of heroin and cocaine in and around Hartford. Seventeen individuals were arrested this morning, and two are currently being sought by law enforcement.
Today’s arrests stem from “Operation Solid Sweep,” a joint law enforcement investigation headed by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes Task Force and the Hartford Police Department’s Vice and Narcotics Squad targeting gang-related narcotics trafficking in Hartford’s South End. The investigation included the use of court-authorized wiretaps, controlled purchases of narcotics and physical surveillance.
In association with today’s arrests, law enforcement officers executed multiple search warrants and seized narcotics, one firearm, approximately $200,000 in cash, and three vehicles.
“I want to commend the excellent work and full commitment of the FBI, Hartford Police Department, Connecticut State Police, and all of our law enforcement partners who participated in this successful investigation and assisted with today’s arrests,” stated U.S. Attorney Fein. “The U.S. Attorney’s Office is committed to using the full weight of federal law to prosecute narcotics traffickers to make our communities safer.”
“Operation Solid Sweep has effectively disrupted a criminal enterprise that, as we allege, involved members of the Los Solidos gang and others who were responsible for an extensive narcotics trafficking operation in Hartford’s south end,” stated FBI Special Agent in Charge Mertz. “Together with our federal, state and local partners, the FBI led Northern Connecticut Violent Crimes Gang Task Force will continue to combat gang activity in order to reduce violence throughout the region.”
As alleged in a criminal complaint unsealed today in Hartford federal court, the investigation revealed that Angel Rosa, also known as “Little,” of New Britain, is a member of the Los Solidos street gang and the head of a drug trafficking organization that distributed heroin and cocaine from 584 Zion Street in Hartford. Little’s brother, Angel Rosa, also known as “Mo Betta” and “Fab,” oversaw and supervised the narcotics operation by ensuring that organization’s distribution locations were adequately supplied, and by coordinating a network of individuals who sold heroin and cocaine to customers. The investigation also revealed that the organization used residences on Gilman Street, Campfield Avenue and Zion Street in Hartford to store and distribute narcotics.
The criminal complaint charges the following 19 individuals with conspiring to distribute heroin and/or cocaine:
ANGEL ROSA, a.k.a. “Mo Betta” and “Fab,” 42 of Sherbrooke Ave., Hartford,
ANGEL ROSA, a.k.a “Little,” 36, of Maple Street, New Britain,
ANGEL ROSA, a.k.a. “Booby,” 20 of Park Ave., East Hartford,
ANGEL ROSA, a.k.a. “Bebo,” 18, of Maple Street, New Britain,
JOSE ROSA, a.k.a. “Joselito,” 25, of Zion Street, Hartford
HECTOR QUINONES, a.k.a. “Jumbe,” 51 of Wethersfield Ave., Hartford,
OTILIA DIAZ, 37, of Campfield Ave., Hartford,
JOSE NEGRON*, a.k.a. “Chino,” 28, of Folly Brook Drive, Wethersfield,
IRAN NEGRON, a.k.a. “Face,” “Cara,” and “Pete,” 44, of Gilman Street, Hartford,
JARED PENNELL, 29, of Norwich-New London Turnpike, Uncasville,
ANDREW MORRISON, 23 of Zion Street, Hartford,
ORLANDO TORRES, a.k.a. “Menor,” 26, of Zion Street, Hartford,
NORMA TORRES, 56, of Zion Street, Hartford,
NATIVIDAD MENDEZ, a.k.a. “Coca,” 36, of Maple Street, New Britain,
LUIS ANTONIO MENDEZ*, 31 of Brown Street, Hartford,
ANTONIO SANCHEZ, a.k.a. “Cano,” 38, of Madison Street, Hartford,
FLORENCIO ORTIZ, a.k.a. “Pacheco,” 55, of Ellis Street, New Britain,
JERRY MERCADO, 27, of Zion Street, Hartford,
NORMAN BARNABY, 32, of Robin Road, Windsor Locks.(*Jose Negron and Luis Antonio Mendez are currently being sought by law enforcement.)
The individuals arrested today appeared before United States Magistrate Judge Thomas P. Smith in Hartford. Based on the quantity of narcotics involved in this conspiracy, the government is seeking pre-trial detention on the majority of the defendants who, if convicted, face mandatory minimum terms of imprisonment of five or ten years.
U.S. Attorney Fein stressed that a complaint is only a charge and not evidence of guilt. Charges are only allegations, and each 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 Northern Connecticut Violent Crimes Task Force, which includes members of the Connecticut State Police, Hartford Police Department, Connecticut Department of Correction and Connecticut National Guard. The Connecticut State Police’s Emergency Services Unit, Hartford Police Department’s Emergency Response Team, Capital Region Emergency Response Team, Drug Enforcement Administration, Homeland Security Investigations and the New Britain, East Hartford and Wethersfield Police Departments have provided valuable assistance to the investigation by assisting with today’s arrests.
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]New Town Man Pleads Guilty to Assaulting Federal OfficerRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on April 11, 2013, Vincent Espinoza, 22, New Town, N.D., pleaded guilty in U.S. District Court to a charge of assaulting and resisting a federal officer.
On Nov. 9, 2012, Espinoza was driving a vehicle in New Town and was stopped by a tribal police officer for failing to have his headlights on. At that time, there was an active tribal warrant for Espinoza’s arrest, a fact which Espinoza knew. Upon confirmation of the warrant, the police officer approached Espinoza’s vehicle, held on to his shoulder, and instructed him to exit the vehicle. Espinoza did not exit the vehicle, but instead sped away, causing the officer to be dragged approximately a half city block. The officer fell and struck her head on the roadway. The officer’s injuries required hospitalization.
The charge of assaulting and resisting a federal officer carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Fort Berthold Agency and the Three Affiliated Tribes Police Department.
Sentencing for Espinoza has been scheduled for July 19, 2013, in U.S. District Court in Bismarck, N.D., at 9:00 a.m.
Assistant U.S. Attorney Rick Volk is prosecuting the case.
Nampa Man Sentenced for Illegally Possessing A FirearmRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced the sentencing yesterday of Jesus Manuel Zuniga, 28, of Nampa, Idaho, for unlawful possession of a firearm, and for violating the terms of his supervised release. Zuniga, a member of the Nampa Northside Gang, was ordered by Chief U.S. District Judge B. Lynn Winmill to serve 64 months in prison followed by three years of supervised release. Zuniga pleaded guilty to the charge on January 31, 2013.
In his plea, Zuniga admitted that on October 30, 2012, a Nampa Police officer initiated a traffic stop on a vehicle pursuant to a warrant for Zuniga’s arrest for violating his federal supervised release. After the vehicle stopped, Zuniga, who was a passenger in the vehicle, attempted to elude two Deputy U.S. Marshals. He was apprehended and arrested in possession of a firearm, later identified as a Phoenix Arms .22 semi-automatic pistol. Judge Winmill found that Zuniga committed an aggravated assault with the firearm against a Deputy U.S. Marshal during the pursuit, and increased his sentence as a result. Because Zuniga had previously been convicted in 2010 of unlawful possession of a firearm, a felony offense punishable by a term of imprisonment exceeding one year, he is prohibited from possessing firearms. Zuniga was on federal supervised release for the previous conviction for unlawful possession of a firearm when he committed this offense.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Nampa Police Department, and the U.S. Marshals Service.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Morgantown Resident Sentenced on Child Pornography ChargeRead the Press Release
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CLARKSBURG, WEST VIRGINIA - A 34-year old Morgantown, West Virginia, resident was sentenced on April 10, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that: JEFFREY SKIDMORE was sentenced to 46 months imprisonment to be followed by six years of supervised release. SKIDMORE entered a plea of guilty on December 12, 2012, to “Accessing with Intent to View Child Pornography” via his computer and the internet on September 8,
2011, in Morgantown. SKIDMORE agreed to voluntarily abandon all interest in the computer equipment used in the commission of the offense and seized during the investigation so that appropriate disposition may be made thereof. SKIDMORE, who is free on bond, will self- report to the designated Federal institution.The case was prosecuted by Assistant United States Attorney David J. Perri and was investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, 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.
Mission Woman Sentenced for Assault and Aiding and AbettingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota woman convicted of Assault with a Dangerous Weapon and Aiding and Abetting was sentenced on April 9, 2013 by U.S. District Judge Roberto A. Lange.
Misty Fawn Swalley, age 22, was sentenced to 15 months in custody, 18 months of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Swalley was indicted by a federal grand jury on July 18, 2012 and pled guilty to the charge on January 9, 2013.
The conviction stems from an incident that took place on October 1, 2011, when Swalley and others assaulted and beat the victim, which ended when Swalley stabbed the victim with a broken bottle.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Timothy M. Maher.
Swalley was remanded to the custody of the U.S. Marshal.
Mission Man Pleads Guilty to LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that Harvey LaPointe, age 62, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 8, 2013 and pled guilty to Larceny. The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from incidents that took place between August 1, 2009 and December 31, 2010, when LaPointe took money and property from the St. Francis Volunteer Fire Department to which he was not entitled.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered and a sentencing date was set for June 24, 2013. The defendant was released pending sentencing.
Miami Man Sentenced in $1.6 Million Stolen Identity Tax Refund SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), Miami Field Office, Paula Reid, Special Agent in Charge, U.S. Secret Service, Miami Field Office, and Rafael P. Hernandez, Jr., Chief, North Miami Beach Police Department, announced that defendant Frantz Charles, 38, of Miami, was sentenced yesterday for his participation in a $1.648 million stolen identity tax refund scheme. Specifically, U.S. District Judge William P. Dimitrouleas sentenced Charles to 61 months in prison, followed by 4 years of supervised release, and restitution in the amount of $1.648 million. Charles previously pled guilty to one count of conspiracy to file false and fraudulent claims and another count of aggravated identity theft.
According to information in court documents, Charles was charged in a multi-count indictment along with other co-conspirators for participating in an identity theft tax refund scheme involving the use of the identities of over 900 deceased individuals to file fraudulent income tax returns. The tax refunds generated from the filing of these fraudulent returns were, in turn, deposited into bank accounts controlled by the defendant and other co-conspirators.
Mr. Ferrer commended the investigative efforts of IRS-CID, the U.S. Secret Service, and the North Miami Beach Police Department. The case is being prosecuted by Assistant U.S. Attorney Jose A. Bonau.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Meth Cook Sentenced in Federal CourtRead the Press Release
MOBILE, Ala. - Daniel Thomas Leslie Pence, 33, of Elmore, Alabama, was sentenced to 155 months imprisonment in federal court today for his participation in a conspiracy to manufacture methamphetamine in Baldwin County. Pence entered a guilty plea to the charges in November of 2012. Court documents established that Pence was arrested when he was caught red-handed manufacturing methamphetamine at the residence of his co-defendant, Michael Hinote, on County Road 85 in Robertsdale during May of 2011. Hinote also entered a guilty plea to the charges but has not yet been sentenced.
Judge William H. Steele imposed the sentence in Pence’s case after conducting a hearing. Judge Steele found that the low end of the advisory guideline range, 155 months, was a reasonable sentence in light of the factors that federal sentencing statutes require to be considered, including the seriousness of the offense and Pence’s criminal history and background. The judge also ordered that Pence serve a five-year term of supervised release to begin after he serves his term of imprisonment. No fine was imposed, but the judge ordered that Pence pay the special mandatory assessment of $100.
The case was investigated by the Loxley Police Department, the Robertsdale Police Department and the Baldwin County Sheriff’s Office. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Mescalero Apache Man Pleads Guilty to Unlawful Possession of A FirearmRead the Press Release
ALBUQUERQUE – Gary Raymond Ahidley, Jr., 27, a member and resident of the Mescalero Apache Nation, entered a guilty plea this morning to being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office.
Ahidley pled guilty to Count 1 of a superseding indictment charging him with unlawfully possessing a firearm in Nov. 2010, in Otero County, N.M. At the time, Ahidley was prohibited from possessing firearms or ammunition because he previously had been convicted on assault charges in federal court in Las Cruces, N.M., and ordered to serve a 41 month prison sentence in Feb. 2007.
In entering his guilty plea this morning, Ahidley admitted possessing a Luger 9 mm handgun in Nov. 2010. Court records reflect that Bureau of Indian Affairs (BIA) agents learned about the firearm in Dec. 2010 from a Mescalero woman who reported that Ahidley had assaulted her on Nov. 30, 2010. Based on information provided by the victim, the BIA agents were able to retrieve the weapon from a residence on the Mescalero Apache Reservation.
Ahidley has been in federal custody since his arrest in July 2012 and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Ahidley faces a maximum penalty of ten years in prison. Under the terms of the plea agreement, Count 2 of the superseding indictment, charging Ahidley with assault, will be dismissed after Ahidley is sentenced.
This case was investigated by the Mescalero Agency of the BIA Office of Justice Services and is being prosecuted by Assistant U.S. Attorneys Mick I.R. Gutierrez and Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
Maryland Man Sentenced to Eight-Month Prison Term for Failing to Register as A Sex OffenderRead the Press Release
WASHINGTON – Daniel Girard Coles, Jr., 46, of Laurel, Md., was sentenced today to eight months in prison on a federal charge of failure to register as a sex offender, announced U.S. Attorney Ronald C. Machen Jr. and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.
Coles has one prior conviction in Maryland for a sex offense involving a minor victim, which requires him to register as a sex offender. Prior to his sex offense conviction, Coles was an officer for the Metropolitan Police Department. According to the government’s evidence, Coles was registering as a sex offender in the District of Columbia, but, between August 2010 and December 2012, he lived in Laurel, Md., and did not register that information with the District of Columbia and, for the majority of that time, did not register that information with the State of Maryland.
Coles pled guilty in January 2013 in the U.S. District Court for the District of Columbia to one count of failure to register as a sex offender. He was sentenced by the Honorable John D. Bates. Upon completion of his prison term, Coles will be placed on five years of supervised release.
As part of an overall strategy to combat child exploitation, the U.S. Marshals Service launched a nationwide operation in 2010 to target sex offenders who knowingly fail to comply with their sex offender registration requirements. The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act in 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist the states in locating and apprehending non-compliant sex offenders.
In announcing the sentence, U.S. Attorney Machen and U.S. Marshal Hughes praised the members of the D.C. Superior Court Sex Offender Investigations Section of the U.S. Marshals Service, who investigated the case, and Assistant U.S. Attorney Cassidy Kesler Pinegar, who prosecuted the case.
13-130Mansfield Man Sentenced to More Than Four Years in Prison for Making Bomb ThreatsRead the Press Release
A Mansfield man was sentenced to more than four years in prison for making threats to courthouses in Nebraska, Washington, Oregon, Tennessee and Mississippi, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Cleveland Division of the Federal Bureau of Investigation for the Northern District of Ohio.
Lonny L. Bristow, 39, pleaded guilty today to with six counts of willfully making threats. He admitted to calling in bomb threats in November and December 2012.
U.S. District Judge Dan Aaron Polster sentenced Bristow to 51 months in prison.
Bristow made the threats using prepaid calling cards that purchased at the Wal-Mart Supercenter in Upper Sandusky, Ohio, according to court documents. Bristow had purchased several pre-paid calling cards and those pre-paid calling cards were linked to the false bomb threats placed to various courthouses spanning five states, according to court documents.
"These threats caused fear and panic throughout courthouses around the country," Dettelbach said. "The FBI did a tremendous job in piecing this case together."
"Lonny Bristow induced panic in hundreds of people across several states who were simply trying to do their work," Anthony said. "The FBI will continue efforts to aggressively pursue charges against anyone, such as Mr. Bristow, who chooses to make reckless and malicious bomb threats."
The case is being prosecuted by Assistant United States Attorney Thomas Getz after an investigation by agents of the Federal Bureau of Investigation.
Man Pleads Guilty to Bankruptcy FraudRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court yesterday TODD ALLEN FULCHER 49, of Phoenix, Arizona (formerly of New Bern) North Carolina pled guilty before United States District Judge Terrance W. Boyle to Bankruptcy Fraud, in violation of Title 18, United States Code, Section 157(3) and the destruction, alteration or falsification of records in violation of Title 18, United States Code, Section 1519.
According to the investigation, FULCHER filed a voluntary petition for relief under Chapter 13, of Title 11, in the United States Bankruptcy Court for the Eastern District of North Carolina on or about January 9, 2010. Pursuant to the Chapter 13 proceedings, FULCHER was required to file Schedules of assets and liabilities and a Statement of Financial Affairs with the United States Bankruptcy Court. Those Schedules and the Statement are filed under penalty of perjury. FULCHER failed to disclose his interest in certain personal and real property. FULCHER also hid a boat and a motorcycle from his creditors.
From on or around January 9, 2010, through November 2011, FULCHER made false and fraudulent representations concerning, and in relation to, a proceeding under Title 11, United States Code, after filing of the petition. Additionally, FULCHER knowingly concealed, covered up, and falsified information to obstruct the investigation or proper administration of a case filed under Title 11 (the Bankruptcy Code).
FULCHER faces a maximum sentence of 25 years imprisonment along with a total of 6 years of supervised release at sentencing.
Investigation of this case was conducted by the Federal Bureau of Investigation. Assistant United States Attorney S. Katherine Burnette prosecuted the case.
Man Indicted for Producing Child PornographyRead the Press Release
MINNEAPOLIS—Recently in federal court, a 26-year-old man, formerly of St. Paul, was indicted for producing, distributing and possessing child pornography. On April 9, 2013, Douglas Luke Robinette was charged with four counts of production of child pornography, two counts of distribution of child pornography, and one count of possession of child pornography.
The indictment alleges that on three occasions in 2010, Robinette induced a 14-year-old boy to engage in sexually explicit conduct for the purpose of producing visual depictions of that activity on his cell phone. It also alleges that between July 1 and August 30, 2010, Robinette enticed that same victim to engage in similar conduct for the purpose of producing a video of that activity. In addition, the indictment alleges that on July 12 and July 18, 2010, Robinette distributed child pornography via a computer and on August 30, 2010, possessed child pornography on his computer.
If convicted, Robinette faces a potential maximum penalty of life in prison on each production count, 40 years on each distribution count, and 20 years on the possession count. All sentences would be determined by a federal district court judge.This case is the result of an investigation by the Rice County Sheriff’s Office, the Minnesota Bureau of Apprehension, and the Minnesota Child Exploitation Task Force, which is sponsored by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Lola Velazquez-Aguilu.
Production, distribution, and possession of child pornography is against the law. In addition to prosecuting these cases, the Justice Department is funding a study focused on the correlation between involvement in child pornography and hands-on sexual abuse of children. A 2008 study (The Butner Study) published in the Journal of Family Violence found that up to 80 percent of federal inmates incarcerated for possession, receipt, or distribution of child pornography also admitted to hands-on sexual abuse of children, ranging from touching to rape.
This case was brought as part of Project Safe Childhood (“PSC”), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney offices and the Justice Department’s Criminal Division, Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab “resources.”An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.
Lubbock Man Admits Producing Child PornographyRead the Press Release
LUBBOCK, Texas — Njeazeh Roderigue Ambeabet, 24, of Lubbock, appeared in federal court today, before U.S. District Judge Sam R. Cummings, and pleaded guilty to one count of production of child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. Ambeabet faces a statutory sentence of not less than 15 years or more than 30 years in federal prison, up to a $250,000 fine, and up to a lifetime of supervised release. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Ambeabet has been in custody since his arrest in February 2013.
According to documents filed in the case, last year, Ambeabet met an 11-year-old girl online and engaged in a texting relationship with her, frequently asking her to engage in sexual relations with him. He admitted that he was well aware of her age, and that he received sexually explicit images of her that were taken with her cell phone at his request.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The investigation is being conducted by the FBI and the Lubbock Police Department. Assistant U.S. Attorney Steven M. Sucsy is in charge of the prosecution.
Lorain Man Indicted Following Seizure of 40 FirearmsRead the Press Release
A Lorain man was indicted today on charges of being a felon in possession of firearms after he was found with 40 handguns and rifles, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Jose Romero, age 32, was found to have 40 pistols, rifles and revolvers despite having a 2005 conviction in Lorain County for domestic violence, according to the indictment.
“This office places a high priority on keeping firearms out of the hands of those who are forbidden by law from obtaining them,” Dettelbach said. “Whether it is a person using a gun to commit a violent crime, a felon illegally obtaining a firearm or a straw purchaser trying to circumvent the law, we will aggressively pursue those who would violate our nation’s firearms laws.”
Romero told a confidential informant that he was interested in purchasing large numbers of firearms in an effort to influence their availability in Lorain, according to court documents.
The information indicated that Romero stores many of his firearms inside a safe inside his grandmother’s residence on Charleston Avenue in Lorain. Law enforcement officers subsequently searched Romero’s home on East 31st Street and the Charleston Avenue home on Feb. 26, 2013, according to court documents.
Investigators found firearms, marijuana and cocaine at the East 31st Street residence and a safe with 28 firearms at the Charleston Avenue residence, as well as marijuana, according to the court documents.
If convicted, the defendant’s sentence will be determined by the court after a review of factors unique to this case, including the defendants’ prior criminal record, the defendants’ roles in the offense and the characteristics of the violation. The sentence will not exceed the statutory maximum and in most cases will be less than the maximum.
This case is being handled by Assistant United States Attorney Robert F. Corts following an investigation by the Lorain Police Department, the Drug Enforcement Administration, Lorain County Drug Task Force and Bureau of Alcohol, Tobacco, Firearms and Explosives.
An indictment is only a charge and is not evidence of guilty. The defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Lennie Brown Sentenced for Double ArsonRead the Press Release
LENNIE BROWN, age 23, a resident of New Orleans, Louisiana, was sentenced yesterday to 60 months of incarceration by United States District Court Judge Susie Morgan for two arsons that were committed in Gentilly in 2010, announced U. S. Attorney Dana J. Boente.
BROWN had previously pleaded guilty to two arson counts, one count of conspiracy to commit arson, conspiracy to use a destructive device, possession of a destructive device, and manufacturing a destructive device on May 11, 2011.
The Fuel Zone gas station/convenience store was the victim of two separate acts of arson in June of 2010. According to court documents, Larry Moses offered BROWN $1,500.00 cash to maliciously start a fire inside the store. On the evening of June 5, 2010, Moses and BROWN purchased a plastic squeeze bottle and filled it with gasoline. Moses and BROWN then drove their vehicle to a parking lot adjacent to the Fuel Zone. Before entering the Fuel Zone store, BROWN called Moses’ cell phone so that Moses, who remained in the getaway vehicle, could hear what was happening while BROWN was inside the store. Surveillance video showed BROWN, wearing a motorcycle helmet to disguise his identity, entered the store and proceeded to spray gasoline onto contents of shelves down one of the store aisles. BROWN started the fire using a lighter and exited the store as the fire erupted. BROWN ran back to the getaway vehicle and Moses quickly drove away from the scene.
In the days following the June 5th arson, Moses informed BROWN that he would not be paid until he committed a second more destructive fire at the Fuel Zone store but increased his offer to $3,000.00. BROWN then hired Michael Collins to assist him in a second act of arson. Moses instructed BROWN that for this second arson, the fire should be started near the store’s cash register area.
Las Cruces Woman Pleads Guilty to Robbing First Convenience Bank in January 2013Read the Press Release
ALBUQUERQUE – Yolanda Boyle, 58, of Las Cruces, N.M., pled guilty this morning to a felony information charging her with bank robbery. Boyle entered her guilty plea without the benefit of any plea agreement in federal court in Las Cruces.
During today’s plea hearing, Boyle admitted robbing the First Convenience Bank located in the Pro’s Ranch Market on Wyatt Drive in Las Cruces on Jan. 24, 2013.
According to court records, Boyle was arrested on Jan. 25, 2013, after several witnesses identified her as the bank robber. On the day of the robbery, a witness identified Boyle as the bank robber after seeing a bank surveillance photograph that had been posted on the Internet. Bank employees who viewed the surveillance photograph also recognized the bank robber as Boyle, who previously had been a bank customer.
On Jan. 25, 2013, another witness told law enforcement authorities that he went to a casino with Boyle the night before and that Boyle was in possession of a large sum of money and gave him gambling money. When Boyle was arrested later that day, she was in possession of some money stolen from the bank. During a post arrest interview, Boyle admitted robbing the bank.
Boyle, who was released on bond following her arrest, was remanded into the custody of the U.S. Marshals Service after she entered her guilty plea and will remain detained pending her sentencing hearing, which has not been scheduled. At sentencing Boyle faces a maximum penalty of 20 years in prison.
The case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office.Joplin Woman Sentenced for Disaster Fraud Related to Tornado BenefitsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Joplin, Mo., woman has been sentenced in federal court for fraudulently receiving federal disaster benefits following the May 22, 2011 tornado.
Amber Nicole Peters, 22, of Joplin, was sentenced by U.S. District Judge Greg Kays on Wednesday, April 10, 2013 to 14 months in federal prison without parole, followed by five years of supervised release. The court also ordered Peters to pay $3,596 in restitution.
Peters pleaded guilty on Oct. 23, 2012, to disaster fraud. Peters admitted that she applied for federal disaster benefits by falsely claiming that her home and property had been damaged or destroyed in the May 22, 2011 tornado. In reality, Peters met a FEMA inspector at the tornado-damaged home belonging to her recently-deceased grandmother, which she falsely claimed was her primary residence. FEMA authorized payment in the amount of $3,596, of which $2,658 was for loss of personal property and $938 was for rental assistance. Peters was paid by electronic funds transfer on June 7, 2011.
As a result of Peters’s false claim, FEMA initially denied the legitimate claim later filed by her aunt, who lived at the home with Peters’s grandmother.
This case was prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by the Department of Homeland Security – Office of Inspector General, the FBI and the Joplin, Mo., Police Department.
Disaster Fraud Hotline
Anyone with information about disaster fraud related to the Joplin tornado should call the National Center for Disaster Fraud hotline at 866-720-5721, the Joplin Police Department at 417-623-3131, or the FBI’s Joplin office at 417-206-5700.
Indictments: Tax Preparers in KCK, Wichita Filed False Income Tax ReturnsRead the Press Release
KANSAS CITY, KAN. – A woman from Kansas City, Kan., has been charged with preparing fraudulent federal income tax returns for 13 people, U.S. Attorney Barry Grissom said today.
Kelly N. Kittrell, 42, is charged with 13 counts of preparing false and fraudulent income tax returns on forms 1040A and 1040 EZ for other taxpayers. The indictment alleges she falsified information about wages earned, amounts withheld and dependents claimed.
If convicted, she faces a maximum penalty of three years in federal prison and a fine up to $250,000 on each count. IRS - Criminal Investigation investigated. Justice Department Tax Division Trial Attorney Matthew Kluge and Assistant U.S. Attorney Scott Rask are prosecuting.
OTHER INDICTMENTS
Lata L. Tomlinson, 33, Wichita, Kan., is charged in a superseding indictment with 19 counts of preparing false federal income tax returns for a total of 17 people during tax years 2007, 2008 and 2009. The crimes are alleged to have occurred in Sedgwick County, Kan.
Tomlinson initially was charged in an indictment filed in March 2012 in U.S. District Court in Wichita.
The superseding indictment alleges she falsely stated deductions for depreciation, home improvements, business repairs, contract labor, legal fees, home repairs, medical expenses, advertising, insurance, car and truck expenses, hay and grain expenses, cell phones and care of dependents.
If convicted, she faces a maximum penalty of three years in federal prison and a fine up to $100,000 on each count. IRS - Criminal Investigation investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Jose Del Refugio Sanchez, 23, who is in federal custody in California, and Anabel Sanchez, 33, De Soto, Kan., are charged with one count of conspiracy to possess with intent to distribute methamphetamine. In addition, Anabel Sanchez is charged with maintaining a residence in De Soto, Kan., in furtherance of drug trafficking and one count of making false statements to the Drug Enforcement Administration; and Jose Sanchez is charged with one count of distributing methamphetamine. The crimes are alleged to have occurred during 2012 in De Soto, Kan.
The indictment alleges the defendants conspired with Leslie Kingsley II, Kristy Sherley, Tino Soriano and others to distribute methamphetamine. Those defendants were indicted in 2012.
Upon conviction, the crimes carry the following penalties:
Conspiracy: Not less than 10 years and not more than life and a fine up to $4 million.
Maintaining a residence in furtherance of drug trafficking: A maximum penalty of 20 years and a fine up to $500,000.
Distributing methamphetamine: Not less than 10 years and not more than life and a fine up to $4 million.
Making a false statement: A maximum penalty of five years and a fine up to $250,000.The Drug Enforcement Administration investigated. Assistant U.S. Attorney Sheri McCracken is prosecuting.
James Scott Nickerson, 36, Fort Riley, Kan., is charged with one count of theft of public money, one count of Social Security disability fraud, three counts of wire fraud and three counts of making false statements to the Social Security Administration. The crimes are alleged to have occurred in 2009, 2010 and 2011 in Fort Riley, Kan.
The indictment alleges Nickerson defrauded the Social Security Administration of approximately $71,734 in disability payments by concealing from the agency his true work activity while serving in the U.S. Army.
Upon conviction, the crimes carry the following penalties:
Theft of public funds: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
Social Security disability fraud: A maximum penalty of five years and a fine up to $250,000.
Wire fraud: A maximum penalty of 20 years and a fine up to $250,000 on each count.
Making a false statement: A maximum penalty of five years and a fine up to $250,000 on each count.The Office of the Inspector General for the Social Security Administration investigated. Special Assistant U.S. Attorney Trey Alford is prosecuting.
Mauricio Matias, 32, a citizen of Mexico who has been living in Olathe, Kan., is charged with two counts of using false documents to be employed in the United States, two counts of making false statements to the government, two counts of misusing a Social Security number while employed at Aspen Lawn and Landscape in Olathe, and six counts of aggravated identity theft. The crimes are alleged to have occurred in 2004 and 2010.
Upon conviction, the crimes carry the following penalties:
Using false documents: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000 on each count.
Making false statements to the government: A maximum penalty of five years and a fine up to $250,000 on each count.
Misusing a Social Security number: A maximum penalty of five years and a fine up to $250,000 on each count.
Aggravated identity theft: A mandatory two years in federal prison and a fine up to $250,000.The Social Security Administration - Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Illegal Sports Bookmaker Sentenced for Conspiring to Commit Sports BriberyRead the Press Release
United States Attorney Laura E. Duffy announced that Paul Joseph Thweni was sentenced today by the Honorable Anthony J. Battaglia to serve 30 months in custody, followed by three years supervised release, for his role in a criminal conspiracy.
The indictment charged that Thweni and nine others enriched themselves by operating an illegal sports gambling business and by distributing marijuana. Using proceeds from those crimes, Thweni and his co-conspirators influenced the outcome of basketball games at the University of San Diego (USD) during the 2009-2010 season, and then attempted to recruit players to do the same during the 2010-2011 season. Thweni pleaded guilty to the indictment on August 2, 2012.
According to court documents and other admissions, Thweni and his co-conspirators bribed co-defendant Brandon Johnson to influence the outcome of basketball games during the 2009-2010 season while Johnson was a member of USD’s basketball team. The co-conspirators then profited by placing bets at Las Vegas casinos on games Johnson influenced. Co-defendant Steve Goria, who was sentenced to 30 months imprisonment in October 2012, admitted that the conspiracy made more than $120,000 from the game-fixing scheme. Thweni previously admitted that during the 2010-2011 season, the co-conspirators attempted to recruit current college basketball players at USD and other schools to influence the outcome of basketball games in exchange for cash.
Judge Battaglia ordered the defendant to report on April 19, 2013 to begin serving his sentence.
DEFENDANT Criminal Case No. 11CR1345-AJB Paul Joseph Thweni SUMMARY OF CHARGESCount 1: Title 18, United States Code, Section 371 - Conspiracy
INVESTIGATING AGENCYFederal Bureau of Investigation
Criminal Case Number: 11cr1345AJB: Convictions:
Steve Warda Goria
Richard Francis Garmo
Thaddeus James Brown
Brandon Johnson
Richard Thweni
David Gates
Jake SalterIdentity Thief Enters Guilty PleaRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Maurice Hester, of Milledgeville, Georgia, entered a plea of guilty on April 8, 2013, to Counts One, Five, Six, Seven, Eight, Ten, and Eleven of a Superseding Indictment.
Count One of the Indictment charged Mr. Hester with Mail Fraud, in violation of Title 18 United States Code, Section 1341; Count Five charged Wire Fraud, in violation of Title 18 United States Code, Section 1343. The defendant faces a statutory penalty of up to 20 years imprisonment, a maximum fine of $250,000, followed by a term of supervised release of 3 years.
Counts Six through Eight charged False Claims Against the Government, in violation of Title 18 United States Code, Section 287. The maximum possible sentence is 5 years imprisonment and a maximum fine of $250,000 followed by a term of supervised release of 3 years.
Count Ten charged Theft of Stolen Government Money and Property, in violation of Title 18 United States Code, Section 641. The maximum possible sentence is 10 years imprisonment with a maximum fine of $250,000.
Count Eleven charged Aggravated Identity Theft, in violation of Title 18 United States Code, Section 1028A. The mandatory minimum sentence is 2 years imprisonment, to run consecutive to all other sentences. The defendant is subject to a mandatory assessment of $100.00 for each count.
Mr. Hester entered a guilty plea to Filing False Claims against the Government and Wire Fraud by filing false income tax returns and fraudulent claims for refunds, including one claim for a fraudulent refund of over $600,000. In addition, Mr. Hester pleaded guilty to Aggravated Identity Theft by filing tax returns in the names of others and then transmitting false refunds into his own bank accounts. The Indictment also charged Mr. Hester with Mail Fraud for unlawfully diverting the mail of another taxpayer, so the he could wrongfully intercept a U.S. Treasury check.
“When Mr. Hester committed these acts of fraud and identity theft, he stole from honest tax-paying citizens,” said U.S. Attorney Moore. Sentencing is set for June 25, 2013.
The investigation was handled by the United States Secret Service and Internal Revenue Service Criminal Investigation. Assistant United States Attorney Graham Thorpe is prosecuting the case for the Government.
Inquiries regarding the case should be directed to Sue McKinney, Public Affairs Specialist, United States Attorney’s Office at (478) 621-2601.
IRS Employee Pleads Guilty to Filing False Tax ReturnRead the Press Release
OAKLAND, Calif. – Kimberly S. Daniels, 46, an Internal Revenue Service (IRS) employee in Oakland, California, pleaded guilty yesterday to filing a false United States Individual Income Tax Return, announced United States Attorney Melinda Haag, Assistant Attorney General of the United States Department of Justice’s Tax Division Kathryn Keneally, and the Treasury Inspector General for Tax Administration J. Russell George.
According to the plea agreement, while an employee of the IRS in March 2011, Daniels filed her 2010 income tax return in which she fraudulently claimed two dependents, knowing they were not her dependents, and requested a tax refund of $4,175 to which she was not entitled.
Treasury Inspector General for Tax Administration J. Russell George noted that his office aggressively investigates all allegations of IRS employee corruption. “All IRS employees must properly file their tax returns, as they are expected to execute their duties with the highest standards of integrity in order to maintain the public’s trust in the American system of tax administration,” he said.
Daniels’ sentencing is scheduled for July 24, 2013 at 2:30 PM before United States District Court Judge Phyllis J. Hamilton in Oakland. The maximum statutory penalty for filing a false tax return as an IRS agent, in violation of Title 26, U.S.C. § 7214(a)(7) is 5 years in prison, a $250,000 fine, and mandatory dismissal from employment with the IRS. 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.
This case is the result of an investigation conducted by Treasury Inspector General for Tax Administration investigators. United States Department of Justice Tax Division Trial Attorney Matthew J. Kluge and Assistant United States Attorney Michael G. Pitman are prosecuting this case.