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Wednesday 27 March 2013
Three North Carolina Residents Indicted for Access-Device Fraud, Identity TheftRead the Press Release
BIRMINGHAM – A federal grand jury today indicted three North Carolina residents for access-device fraud and aggravated identity theft, U.S. Attorney Joyce White Vance and U.S. Secret Service Acting Special Agent in Charge Jeff Anderson announced.
An indictment filed in U.S. District Court charges RENEE CHARLENE POINTER, 40, TERRENCE DONNELL WOOTEN, 44, and TERRANCE LAVON CAMPBELL, 38, with possessing more than 350 counterfeit debit and credit cards and with aggravated identity theft.
“This case represents a disturbing trend of people from other states coming to the Northern District of Alabama to carry out identity-fraud crimes. Thanks to the diligent effort and cooperation of federal and local law enforcement, we were able to stop this group,” Vance said.
All three defendants face 10 years in custody if convicted of the access-device charge and a mandatory two-year prison term if convicted of aggravated identity theft. Each charge also carries a potential fine of $250,000.
The U.S. Secret Service and the Oxford Police Department investigated the case, with assistance from the Calhoun County District Attorney’s Office. Assistant U.S. Attorney Melissa K. Atwood is prosecuting the case.
Members of the public are reminded that the indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
Three Indicted Related to Misuse of Visa PermitsRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that a grand jury returned a four-count indictment charging Hamadoun Bacoco Samassekou, age 29, of Parma, Ohio, with three counts of Fraud and Misuse of Visa Permits, Melissa A. Davis, age 23, of Cleveland, Ohio, with two counts of Fraud and Misuse of Visa Permits, and Chella A. Davis, age 21, of Cleveland, Ohio, with one-count of False Statements to federal officers.
The indictment alleges that Hamadoun Bacoco Samassekou, and Melissa A. Davis, knowingly made false statements with respect to an I-130 Petition for Relative Alien by falsely impersonating and representing that Melissa Davis was Samassekeo’s wife.
The indictment further alleges that Samassekou and Melissa A. Davis knowingly made false statements under oath with respect to an interview regarding Samassekou’s immigration status, by falsely personating and representing that she was the wife of Samassekou.
The indictment further alleges that Samassekou made false statements or representations regarding his I-485 Application by answering “No” to a question about whether he knowingly committed any crime of moral turpitude or drug offense.
The indictment further alleges that Chella A. Davis, knowingly made a material false statement to immigration officers by stating that she was never married to Samassekou when in truth and fact she was.
If convicted, the defendants’ sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.The case is being prosecuted by Assistant U.S. Attorney Phillip J. Tripi, and Trial Attorney Richard T. Hamilton, Jr., following investigation by agents of the Immigration and Customs Enforcement, Homeland Security Investigations.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Three Area Men Charged with Federal CrimesRead the Press Release
PITTSBURGH - Three Pittsburgh-area residents were indicted by a federal grand jury in Pittsburgh on March 26, 2013, on charges of violating federal drug and firearm laws, United States Attorney David J. Hickton announced today.
The seven-count superseding indictment named Richard Bush, 49, of Pittsburgh, Pa.; Willis Wheeler, 41, of Rankin, Pa.; and Mayank Mishra, 32, of Glenshaw, Pa., as defendants.
According to the superseding indictment presented to the court, from August of 2011 to March of 2012, in the Western District of Pennsylvania and elsewhere, Bush, Mishra and Wheeler conspired with one another and with others to distribute one kilogram or more of heroin. Also, on March 14, 2012, Bush and Wheeler possessed with the intent to distribute 100 grams or more of heroin. Bush also possessed firearms in furtherance of these offenses, as well as an unregistered firearm. Both Bush and Wheeler have previous felony convictions, and Federal law prohibits anyone who has been convicted of a crime punishable by more than one year from possessing a firearm. The superseding indictment alleges that both Bush and Wheeler possessed firearms after having been convicted of felony offenses.
The law provides for a maximum total sentence of not less that 10 years and up to life in prison, for all three defendants. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Greater Pittsburgh Safe Streets Task Force consisting of Pittsburgh Bureau of Police, Allegheny County Sheriff's Office, Wilkinsburg Police Department, Allegheny County Police Dept., Oakdale Police Dept, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the Federal Bureau of Investigation conducted the investigation leading to the superseding indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Sioux City Man Pleads Guilty to Armed Bank RobberyRead the Press Release
A man who robbed a bank in Sioux City, Iowa pled guilty March 27, 2013, in federal court in Sioux City.
Johnnie Hawkins, age 27, from Sioux City, Iowa, was convicted of one count of bank robbery.
Information presented by the United States at the plea hearing revealed that on November 10, 2012, Hawkins, who had previously been convicted of Burglary in 2004, robbed the Heritage Bank at 4530 Singing Hills Blvd in Sioux City, Iowa, of $5,954.00. While committing the robbery, Hawkins brandished a loaded .40 caliber semi-automatic handgun, and threatened and physically restrained a bank teller. It was also determined the handgun was stolen.
In addition, throughout the fall of 2012, Johnnie Hawkins trafficked and distributed illegal drugs in and around Sioux City, Iowa.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Hawkins remains in custody of the United States Marshal pending sentencing. Hawkins faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4116.
This case was investigated by officers of the Sioux City, Iowa, Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Sex Offender Sentenced to 21 Months in Federal PrisonRead the Press Release
CONCORD, NH – James Nelson Lund, 37, of Tilton & Berlin, NH, and formerly of Vassalboro, ME, was sentenced in United States District Court for the District of New Hampshire to 21 months in prison followed by 10 years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA), announced United States Attorney John P. Kacavas.
On February 7, 2001 Lund pled guilty in Maine State Court to one count of sexual abuse of a minor, As a result of which he is a sex offender under SORNA and required to register in any state to which he moves.
On May 30, 2012 law enforcement received information that Lund might be living at 9 School St., Apartment #1 in Tilton, NH as an unregistered sex offender. When officers from the Tilton Police Department went to that apartment his wife advised that he was not at home. Later that evening, a Tilton police officer saw Lund driving a pick-up truck packed with personal belongings and arrested him. At the time of his arrest, Lund advised that he preferred to live a “transient lifestyle” and that he and his wife planned to move to the Midwest.
After serving his 21 month prison sentence, Lund will be required to register as a sex offender for life. The case was investigated by the United States Marshals Service and the Tilton, NH Police Department and was prosecuted by Assistant U.S. Attorney Arnold H. Huftalen.
Santa Fe Man Sentenced to Federal Prison for Armed Robbery of K-Mart Store in Santa FeRead the Press Release
ALBUQUERQUE – Anthony Gutierrez, 43, of Santa Fe, N.M., was sentenced this morning to 96 months in prison to be followed by three years of supervised release for a firearms conviction arising out of an armed robbery of a K-Mart Store in Santa Fe.
Anthony Gutierrez and his brother, Angelo Gutierrez, 22, were indicted in Jan. 2012, and charged with (1) conspiracy to violate the Hobbs Act by interfering with a business engaged in interstate commerce by robbery, (2) committing a Hobbs Act robbery, and (3) using and carrying a firearm in relation to a crime of violence. These three charges arose out of the Oct. 21, 2011 armed robbery of the K-Mart Store located at 1712 Saint Michaels Drive in Santa Fe. The indictment also charged Anthony Gutierrez, who previously had been convicted of residential burglary and larceny, with being a felon in possession of a firearm.
Anthony Gutierrez was arrested on Feb. 15, 2012, after being transferred from state custody to federal custody. He has been in federal custody since that time. On Nov. 21, 2012, Gutierrez pled guilty to using and carrying a firearm in relation to a crime of violence and to being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office. In entering his guilty plea, Gutierrez admitted entering the K-Mart Store on Oct. 21, 2011, with the intention of robbing the store of DVDs. While Gutierrez was attempting to steal the DVDs, K-Mart’s loss prevention officers attempted to apprehend him and he fought against the officers. During the fight, Gutierrez pointed a firearm at the officers causing the officers to release him and he fled from the scene with the firearm and the DVDs. Gutierrez admitted that
he had a prior felony conviction at the time of these events.Angelo Gutierrez was arrested on Feb. 8, 2012, after being transferred from state custody to federal custody. On Dec. 3, 2012, Angelo Gutierrez entered a guilty plea to the three counts of the indictment against him (the conspiracy count, the Hobbs Act robbery, and the firearms charge) without the benefit of a plea agreement. Angelo Gutierrez remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Santa Fe Police Department, with assistance from the K-Mart Store loss prevention officers. It was prosecuted by Assistant U.S. Attorneys Jon K. Stanford and Holland S. Kastrin.
Rosebud Man Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Jess Raymond Young, age 36, of Rosebud, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on March 21, 2013 and pled guilty to Assault on a Federal Officer. The maximum penalty upon conviction is 20 years' imprisonment and/or a $250,000 fine.
On November 21, 2012, while in custody at the Oglala Sioux Tribal Jail in Pine Ridge, Young shoved a correctional officer against the wall and bit her multiple times. The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rochester Schools Employee Charged in Jamaican Lottery ScamRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Rickey Miller, Sr., 54, of Rochester, N.Y., was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum prison sentence of 20 years.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that from 2011 to March 14, 2013, Miller, who works as a custodian for the Rochester City School District, participated in what is known as a Jamaican lottery scam. According to the complaint, elderly victims were contacted by Jamaican citizens and told that they had won a lottery and other prizes. The victims were then told that in order to receive their prizes, they must first send money to pay for delivery fees and taxes. The elderly victims were instructed to send the money to the defendant in Rochester. Miller would receive the money, keep a portion, and then wire the remaining funds to the individuals in Jamaica with whom he was conspiring.
For example, an 85 year-old woman from Glenolden, Pennsylvania was told that she had won $800,000 and a new Mercedes Benz. The victim was instructed to send a $2,500 check, as a delivery fee, to Miller before receiving her prizes. The woman sent the check to the defendant by USPS Express Mail. The woman was instructed on several other occasions to send additional money to Miller which she did. After sending several thousands of dollars, the victim did not receive the prizes as promised.
According to the complaint, victims lost more than $300,000 as a result of the defendant's fraudulent conduct. Jamaican lottery scams over the years have resulted in elderly United States citizens losing hundreds of millions of dollars.
The criminal complaint is the culmination of an investigation on the part of the United States Postal Inspection Service, Boston Division, under the direction of Inspector in Charge Kevin Niland, and the City of Rochester's Office of Public Integrity, under the direction of Director George Markert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Robert Listenbee Jr. Assumes Leadership <br /> of the Office of Juvenile Justice and Delinquency PreventionRead the Press Release
Acting Assistant Attorney General for the Office of Justice Programs Mary Lou Leary announced that Robert L. Listenbee Jr. has assumed the role as administrator of the Office of Juvenile Justice and Delinquency Prevention (OJJDP). A highly respected public defender and juvenile justice system reformer, Listenbee began as OJJDP administrator Monday. Melodee Hanes, who has served as acting administrator since January 2012, will become OJJDP’s principal deputy administrator.
“It is a pleasure to welcome Bob Listenbee as OJJDP’s new Administrator. Bob has been a champion for juvenile justice issues for many years, and did a tremendous job as co-chair of my task force on Children Exposed to Violence,” said Attorney General Eric Holder. “I’m also deeply grateful to Melodee for her leadership and renewed focus on ensuring that children are treated fairly by the juvenile justice system. I look forward to continuing to work with both of these dedicated public servants as we carry on these critical efforts.”
“Bob Listenbee will bring tremendous leadership and experience to the Office of Juvenile Justice and Delinquency Prevention in efforts to support positive youth development and keep our children safe from violence,” said Acting Assistant Attorney General for the Office of Justice Programs Mary Lou Leary. “In her time as acting administrator, Melodee Hanes successfully championed initiatives to reduce both children’s exposure to violence and the high volume of students entering the juvenile justice system following school suspensions. I thank them both and look forward to our work on these important issues together.”
Before joining OJJDP as administrator, Listenbee co-chaired Attorney General Eric Holder’s National Task Force on Children Exposed to Violenceand served as a member of OJJDP’s Federal Advisory Committee on Juvenile Justice, which advises the President, Congress, and the OJJDP Administrator on juvenile justice policy. Previously, Listenbee served as a trial lawyer at the Defender Association of Philadelphia, and served as chief of its Juvenile Unit. He received his B.A. from Harvard University and his J.D. from the Boalt Hall School of Law at the University of California, Berkeley.
OJJDP provides national leadership and resources to communities across the country to address juvenile delinquency and victimization. For more information on OJJDP’s efforts, please visit: www.ojjdp.gov.
The Office of Justice Programs (OJP) which provides federal leadership in developing the nation’s ability to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). For more information, please visit: www.ojp.gov.
Rapid City Man Indicted for Failure to RegisterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man was indicted by a federal grand jury for failing to update his sexual offender registration as required.
Wilbur Toledo Flute, 40, was indicted on March 19, 2013 for Failure to Register. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine.
The charge is merely an accusation and Flute is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Flute was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Providence Felon Pleads Guilty to Drug, Firearm ChargesRead the Press Release
PROVIDENCE, R.I. – A Providence man who pleaded guilty in U.S. District Court in Providence today to drug and firearm charges could face up to life in federal prison when he is sentenced on June 18, 2013. Henry Lee, 30, was arrested by Providence Police on November 3, 2011, after they discovered crack cocaine and a loaded firearm stashed among children’s toys in Lee’s Providence apartment. A bullet proof vest was also seized from a kitchen closet.
Appearing before U.S. District Court Judge John J. McConnell, Jr, Lee pleaded guilty to one count each of possession with the intent to distribute cocaine base, being a felon in possession of a firearm, and being a felon in possession of body armor.
Lee’s guilty plea was announced by United States Attorney Peter F. Neronha and Providence Police Chief Colonel Hugh T. Clements, Jr.
According to information presented to the court, investigators assigned to the Providence Police Department’s Narcotics and Organized Crime Bureau culminated an investigation into Lee’s drug dealing activities with the execution of a court authorized search of Lee’s residence on November 3, 2011. During the search, investigators discovered several plastic bags containing various amounts and weights of crack cocaine and marijuana stashed in a nightstand drawer in a room with children’s toys. The officers also discovered a loaded .380 caliber handgun and a bag of ammunition stashed inside a “Girl Gourmet” toy cupcake mixer box. Investigators also seized a bullet proof vest from a kitchen closet.
According to information presented to the court, Lee is an armed career criminal who has two prior convictions for serious drug offenses and a conviction for a crime of violence. As an armed career criminal having been charged with being a felon in possession of a firearm, Lee faces up to the maximum statutory penalties of life imprisonment, with a mandatory minimum term of imprisonment of 15 years, a $250,000 fine and a term of 5 years of supervised release. Possession with the intent to distribute cocaine base is punishable by up to 20 years imprisonment, a $1,000,000 fine and 3 years to life supervised release. Maximum statutory penalties for being a felon in possession of body armor are 3 years imprisonment, $250,000 fine, and 1 year supervised release.
If imposed consecutively, the maximum penalties for all offenses to which Lee pleaded guilty are life imprisonment, with a mandatory minimum term of 15 years imprisonment, a fine of $1,500,000, and supervised release for life.
The case is being prosecuted by Assistant U.S. Attorney Ly T. Chin.
The matter was investigated by the Providence Police Department with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Contact: 401-709-5357
[email protected]Previously Convicted Sex Offender Sentenced to over 12 Years in Prison for Interstate Travel to Engage in Sex with A MinorRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced Scott Odham, age 49, of Laurel, Delaware, today to 150 months in prison, followed by lifetime supervised release, for traveling across state lines to engage in sex with a minor. Odham is a previously convicted sex offender, including a 2001 conviction in Carroll County for child abuse and indecent exposure. Judge Blake ordered that upon his release from prison, Odham 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 William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Colonel Nathaniel McQueen, Jr. of the Delaware State Police; and Somerset County State’s Attorney Dan Powell.
According to Odham’s plea agreement, from 2010 through April 2011, Odham sent repeated and frequent Facebook and MySpace messages, some of which were sexually explicit, to over 50 high school and middle school females that lived in the Western Maryland area. On April 16, 2011, Odham became Facebook “friends” with AS, a 19 year old female from Princess Anne, Maryland. The two decided to meet and began a sexual relationship. On April 22, 2011, a 14 year old middle school girl went to visit AS during her spring break and stayed at AS’s home. That night, AS and the minor female drank alcohol together and sent pictures of themselves in bathing suits by telephone to Odham. The next day, AS left the 14 year old female alone while she attended a family event in Delaware. Odham knew that the girl was in the home alone and he traveled from his home in Delaware, to the Princess Anne home where he engaged in sexually explicit conduct with the 14 year old.
On June 1, 2011, Odham sent an inappropriate text message to the 14 year old, who was in school at the time. The message was seen by her science teacher and subsequently by her principal, who reported the contact to police. The 14 year old was interviewed by authorities and described Odham’s visit to the Princess Anne home. The victim stated that Odham offered to pay her to take off her clothes and asked her to watch porn with him. When the victim declined his advances, Odham grabbed her by the hair and demanded oral sex. A state search warrant for Odham’s home and an arrest warrant for Odham were subsequently obtained and executed. Numerous pornographic pictures were found on Odham’s phone, including photos of Odham’s penis and sexually explicit photographs of AS and the 14 year old victim.
Odham previously pleaded guilty to state charges of escape and to perverted practices stemming from a video he made, and entered an Alford plea to third degree sex abuse. He was sentenced to 20 years in prison, with 10 years suspended. Following his conviction, Odham was sent to the Western Correctional Institution in Hagerstown, Maryland. From jail, Odham sent threatening letters to the Maryland State Trooper who investigated his case and to the minor female.
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 HSI Baltimore, the Maryland State Police, Delaware State Police and Somerset County State’s Attorney‘s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant U.S. Attorney Sandra Wilkinson, who prosecuted the case.
Porcupine Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Tony Little Boy, age 23, of Porcupine, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 19, 2013 and pled guilty to Assault with a Dangerous Weapon. The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.
The charge relates to an incident in Porcupine on August 17, 2012, where Little Boy struck another man with a shovel.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Porcupine Man Indicted for Attempted Aggravated Sexual Abuse and Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota man has been indicted by a federal grand jury for allegedly sexually and physically assaulting a female near Porcupine in August 2012.
William Thunder Hawk, age 19, was indicted by a federal grand jury on March 25, 2013 for Attempted Aggravated Sexual Abuse, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury. Thunder Hawk appeared before U.S. Magistrate Judge Veronica L. Duffy on March 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is life imprisonment and a $250,000 fine. The charges are merely accusations and Thunder Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case.
Thunder Hawk was remanded to the custody of the U.S. Marshal. A trial date has been set for May 28, 2013.
Polk County Man Sentenced to 25 Years in Federal Prison for Drug and Firearms ChargesRead the Press Release
Tampa, FL - U.S. District Judge James D. Whittemore yesterday sentenced Oneil Marlon Martin, a/k/a David Lawrence Motta (33, Sarasota) to 66 months in federal prison for possessing with intent to distribute marijuana and possessing a firearm in furtherance of that drug trafficking crime. The court also ordered Martin to forfeit two firearms and assorted ammunition which were used, or intended to be used, to facilitate the offenses. Martin pleaded guilty on January 3, 2013.
According to court documents, federal and state law enforcement agents executed a search warrant at Martin's house on October 19, 2012. During the search, agents found marijuana and marijuana paraphernalia throughout the house. They also found two firearms and assorted ammunition. In addition, the agents recovered $17,846.00 in cash from Martin's house.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration, and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Joseph W. Swanson.
Pair Enter Guilty Pleas to Smuggling Undocumented ImmigrantsRead the Press Release
Defendants attempt to evade law enforcement in February resulted in three deaths
In San Antonio this afternoon, 31-year-old Javier Silva-Morales, a resident of Monterrey, Mexico, and 25–year-old Jose Abram Lopez-Lozano, a resident of Michoacàn, Mexico, pleaded guilty to smuggling undocumented aliens announced United States Attorney Robert Pitman and Homeland Security Investigations (HSI) Special Agent in Charge Vincent Iglio.
Appearing before United States District Judge Xavier Rodriguez, the driver of the vehicle, Silva-Morales, pleaded guilty to one count of smuggling undocumented aliens resulting in death. His accomplice, Lopez-Lozano, pleaded guilty to one count of smuggling undocumented aliens for financial gain. By pleading guilty, both admitted to transporting smuggled undocumented aliens on February 6, 2013, from Falfurrias, TX, to Houston when a Wilson County Sheriff’s deputy attempted to conduct a traffic stop near Poth, TX. A vehicle chase ensued. After losing sight of the vehicle, deputies subsequently discovered several individuals at the end of an open field standing on top of what appeared to be the same vehicle which was now submerged under water. A total of 13 individuals, including both defendants, were apprehended by sheriff’s deputies with assistance from Texas Department of Public Safety troopers. HSI agents later determined that the 13 were in the United States without proper documentation and placed them under arrest. A Texas Department of Public Safety dive team dispatched to the scene recovered three bodies from the bottom of the water near the vehicle.
Silva-Morales faces a prison sentence of 12 and a half years; Lopez-Lozano, up to ten years in federal prison. Both remain in federal custody pending sentencing which is scheduled for 1:30pm on June 26, 2013, before Judge Rodriguez.
This case was investigated by HSI, the Texas Department of Public Safety and the Wilson County Sheriff’s Office. Special Assistant United States Attorney Christina Playton is prosecuting this case on behalf of the Government.
North Dakota Man Pleads Guilty to Converting Mortgaged PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that Wroper Kosel, age 25, of Bismarck, North Dakota appeared before U.S. District Judge Roberto A. Lange on March 26, 2013 and pled guilty to Conversion of Farm Service Agency Mortgaged Property. The maximum penalty upon conviction is 5 years of custody, a $250,000 fine, or both; 3 years of supervised release, and a $100 assessment. Restitution may also be ordered.
Kosel was indicted by a federal grand jury on November 15, 2012 for Misuse of Farm Service Agency Loans, Conversion of Farm Service Agency Mortgaged Property, and Making False Statements to Farm Service Agency.
The charge that Kosel admitted to relates to his March 2010 unlawful conversion of nine mortgaged cattle. The cattle were security for loans Kosel had with Farm Service Agency and had a value ofover $1,000.
The investigation was conducted by the Office of Inspector General for the United States Department of Agriculture. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for June 10, 2013. The defendant was released on bond pending sentencing.
Nine Sentenced for Illegally Distributing Controlled Substances over the InternetRead the Press Release
SAN FRANCISCO - Nine defendants were sentenced over the last two days for their roles in illegally distributing controlled substances to customers who bought the drugs from illicit Internet pharmacies, United States Attorney Melinda Haag and Drug Enforcement Administration Acting Special Agent in Charge Bruce C. Balzano announced. The defendants were also collectively ordered to forfeit more than $94 million in illegal proceeds.
“Illegal Internet pharmacies bring significant harm to communities across the nation by making controlled substances available to teenagers, addicts, and others who are endangered when these drugs are obtained without proper medical supervision. Anyone who engages in this criminal activity can expect to be prosecuted and held accountable for their conduct,” stated U.S. Attorney Haag.
“Prescription drug abuse has risen to alarming levels, often times leaving a trail of devastation behind and negatively impacting our communities. The individuals sentenced this week were involved in online pharmacy schemes that were illegally distributing controlled substances. DEA will aggressively pursue all who choose profits over the health and safety of the public,” stated DEA Acting Special Agent in Charge Balzano.
Michael Arnold, 42, of Boca Raton, Florida, was sentenced to 5 years in prison for his role as the organizer and leader of the Pitcairn Internet pharmacy. From 2003 through 2007, Pitcairn sold more than 14 million doses of Schedule III and IV controlled substances, earning over $69 million in its four years of operation using websites such as ezdietpills.net, pillsavings.com, and doctorrefill.net. Arnold laundered Pitcairn’s illegal proceeds through accounts in at least eight different countries, including Switzerland, Liechtenstein, the Netherlands, Canada, Panama, the Bahamas, St. Kitts & Nevis, and Curacao. Arnold was ordered to forfeit $69,692,488.39.
Christopher Napoli, 46, of Newtown Square, Pennsylvania, was sentenced to 4 years in prison for his role as the founder and leader of the Pharmacy USA/ SafescriptsOnline (“Safescripts”) Internet pharmacy. From November 2004 through December 2006, Safescripts sold more than 13 million doses of Schedule III and IV controlled substances, earning more than $24 million in its two years of operation. Napoli paid affiliates located in foreign countries, including Argentina, India, the Dominican Republic, Panama, Latvia, Lithuania, Romania and Poland to market drugs to potential customers using websites and call centers that placed outbound calls pushing the sale of the drugs listed on the Safescripts website. Napoli was ordered to forfeit $24,609,611.48.
Daniel “DJ” Johnson, 40, of Pekin, Illinois, was sentenced to 3 years in prison for his role as the software developer and manager for Safescripts. From his father’s business, Internet Commerce Corporation, Johnson assisted Napoli with the day-to-day operation of Safescripts, managing the maintenance and development of the software and hardware used to process drug orders, as well as the relationships between Safescripts at the brick-and-mortar pharmacies that filled the drug orders and shipped the pills to customers. Johnson was ordered to forfeit $835,540.
Jeffrey Herholz, 45, of Fayetteville, North Carolina, was sentenced to 2 years in prison for his role as the owner and operator of Kwic Fill, a brick-and-mortar pharmacy located in Fayetteville, North Carolina, that filled drug orders exclusively for Internet pharmacies, including Pitcairn and Safescripts. From February through April 2006, Kwic Fill shipped more than 7 million doses of Schedule III and IV controlled substances to customers located in all 50 states. Kwic Fill earned more than $3 million in criminal proceeds in its three months of operation. Herholz was ordered to forfeit $3,386,829.
Joseph Carozza, 67, of West Orange, New Jersey, was sentenced to 2 ½ years in prison for his role as one of the doctors who reviewed drug orders for Safescripts. Customers who wished to purchase controlled substances from Safescripts selected their drug of choice from a list of available options, answered a 23-question on-line questionnaire, and provided a credit card number and shipping address. After reviewing the questionnaire, Carozza clicked a button to “approve” or “deny” the drug order without meeting with or speaking to the customer who placed the drug order. The evidence at trial showed that Carozza approved more than 184,000 drug orders for Safescripts during an eleven-month period, once approving more than 12,000 orders in a single day. Carozza was ordered to forfeit $400,067.
Arnold and Herholz were convicted of conspiracy to distribute and possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, and conspiracy to launder money internationally, in violation of 18 U.S.C. § 1956, on March 1, 2012, after a four-week jury trial.
Napoli, Johnson and Carozza were convicted of conspiracy to distribute and possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, on November 15, 2012, after a six-week jury trial. Napoli and Johnson were also convicted of conspiracy to launder money, in violation of 18 U.S.C. § 1956.
Evidence at trial established that more than 90% of the drugs sold by Pitcairn and Safescripts were Schedule III and IV controlled substances. The drugs were primarily diet pills, such as phentermine and didrex, and anti-anxiety drugs known as benzodiazepenes, such as Xanax, Valium and clonazepam. All of these drugs carry a potential for addiction and may be dangerous if not taken under proper medical supervision.
Also sentenced were:
Salvatore Lamorte, 54 of Freehold, New Jersey, was sentenced to 1 year and 1 day in prison. Lamorte pled guilty to conspiracy to distribute and to possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, and conspiracy to launder money internationally, in violation of 18 U.S.C. § 1956, based on his role as a recruiter and consultant who located brick-and-mortar pharmacies willing to fill drug orders for illegal Internet pharmacies. Lamorte was ordered to forfeit $2,011,927.
Jeffrey Entel, 43, of Lake Placid, Florida, was sentenced to 13 months in prison. Entel pled guilty to conspiracy to distribute and possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846. Entel owned and operated Groupo Call Center in the Dominican Republic, a call center that placed out-bound calls soliciting drug orders for Safescripts. Entel was ordered to forfeit $3,856,453.
Dino Antonioni, 45, of Miramar, Florida, was sentenced to 9 months of imprisonment followed by 9 months of home confinement. Antonioni pled guilty to conspiracy to distribute and to possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, based on his role as the pharmacist for a brick-and-mortar pharmacy that filled drug orders for illegal Internet pharmacies. Antonioni was ordered to forfeit $300,000.
Darrell Creque, 63, of Clayton, North Carolina, was sentenced to 4 years of probation. Creque pled guilty to conspiracy to distribute and to possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, based on his role as the pharmacist for Kwic Fill. Creque was ordered to forfeit $23,865.
These convictions were the result of a lengthy investigation by the Drug Enforcement Administration, San Francisco Field Division’s Financial Investigative Team. The prosecution is part of the Northern District of California United States Attorney’s Office’s Health Care Fraud program and was initiated as an investigation with the Organized Crime and Drug Enforcement Task Force. Substantial assistance was provided by the North Carolina Board of Pharmacy. Assistant United States Attorneys Kirstin Ault, Thomas Stevens, and Tracie Brown, with assistance from Denise Oki, Maryam Beros, Rawaty Yim, and Rayneisha Booth, prosecuted this case on behalf of the United States.
Newark Man Pleads Guilty to Possessing Child PornographyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that David Mullie, 49, of Newark, N.Y., pleaded guilty to possession of child pornography before U.S. District Court Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, and supervised release for life.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that a family member alerted police after finding sexually explicit photos on the defendant’s computer. Newark Police began an investigation and then notified Homeland Security Investigations for assistance. Federal agents executed a search warrant and seized several computers from Mullie’s home. A forensic analysis of the computers uncovered more than 600 images of children, including prepubescent children, being sexually abused.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent In Charge James C. Spero, and Officers of the Newark Police Department, under the direction of Chief David L. Christler.
Sentencing is scheduled for 3:00 pm on September 12, 2013 before Judge Siragusa.New Haven Man Sentenced to 63 Months in Federal Prison for Distributing HeroinRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, announced that RAYMOND CARSON, also known as “Dirt,” 38, of New Haven, was sentenced today by Senior United States District Judge Ellen Bree Burns in New Haven to 63 months of imprisonment, followed by three years of supervised release, for distributing heroin.
CARSON is one of 108 individuals charged as a result of “Operation Bloodline,” a joint law enforcement investigation targeting narcotics trafficking and gang violence in the Dwight-Kensington and Fair Haven sections of New Haven. Led by the DEA New Haven Task Force and the New Haven and Hamden Police Departments, the year-long investigation included the use of court-authorized wiretaps on numerous telephones, extensive physical surveillance, controlled purchases of narcotics, execution of search warrants and seizures of narcotics and firearms. The investigation revealed that CARSON conspired with others to purchase and redistribute heroin.
CARSON’s criminal history includes numerous felony convictions, including two convictions for possession of narcotics, one conviction for sale of narcotics, and seven weapon convictions, including firearm offenses. He was on state parole at the time of the heroin distribution offense.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia and Meriden Police Departments. The United States Marshals Service, the Connecticut State Police, the Connecticut Department of Correction, Parole and Community Services and the Milford, Hartford, New Britain, North Branford and Stratford Police Departments have provided valuable assistance to the investigation.
This case is being prosecuted by Assistant United States Attorneys S. Dave Vatti and Marc Silverman.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Monroeton Woman Sentenced for Embezzling Money from Martha Lloyd Community ServicesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joanne Beers, age 58, of Monroeton, Pennsylvania, was sentenced Monday by U.S. District Court Judge Christopher C. Conner to a two-year term of imprisonment and three years of supervised release. Beers was also ordered to pay $96,185.68 in restitution.
According to United States Attorney Peter J. Smith, Beers worked as a program specialist supervisor for the Martha Lloyd Community Services Facility, a non-profit health care provider in Troy, Pennsylvania. Martha Lloyd provides facilities, programs and services in Bradford and Tioga Counties for persons with intellectual and developmental disabilities.
The facility receives funding from the U.S. Department of Health and Human Services and the Commonwealth of Pennsylvania through the Medicaid program. Beers was responsible for overseeing a program which housed 18 female residents.
Without the knowledge, authorization, and approval of her employer, Beers used four Martha Lloyd credit card accounts to purchase merchandise and services for her personal use and benefit, including hair care services at a salon, video game equipment, clothing, gift cards, food, and household goods for herself and her family, and furniture, a television, and DVD player for her residence.
Beers stole cash from Martha Lloyd accounts and submitted false purchase orders and receipts to support other petty cash and credit card account expenditures used for her personal expenses.
Beers also transacted paychecks for developmentally and intellectually disabled residents of the facility under her supervision and used the cash to purchase gasoline, cigarettes, and other items for her own personal use and benefit.
Beers was charged and pleaded guilty in August 2012.
The case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney George J. Rocktashel.
Mission Man Sentenced for Assault by Habitual Domestic OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man convicted of Assault by Habitual Domestic Offender was sentenced on March 25, 2013 by U.S. District Judge Roberto A. Lange.
Willard Dorian, age 36, was sentenced to 38 months, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Dorian was indicted by a federal grand jury on June 12, 2012 and pled guilty to the charge on January 7, 2013.
The conviction stems from an incident that took place on July 3, 2011 when Dorian assaulted his domestic partner causing her bodily injury.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Dorian was remanded to the custody of the U.S. Marshal.
Mercer County, N.J., Woman Admits Role in Oxycodone RingRead the Press Release
TRENTON, N.J. –A Mercer County, N.J., woman today admitted she conspired with Joseph “JoJo” Giorgianni, Charles Hall III and others to illegally distribute oxycodone pain pills, U.S. Attorney Paul J. Fishman announced.
Stephanie Lima, 41, of Yardville, NJ, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an Information charging her with conspiracy to distribute and possession with intent to distribute oxycodone.
According to documents filed in this case and statements made in court:
Between August 2011 and September 2011, Lima agreed with Hall, Carol Kounitz and Giorgianni to obtain oxycodone from a doctor and distribute that oxycodone in exchange for payment. On Aug. 17, 2011, Lima traveled with Kounitz and Hall to a doctor in Nutley, N.J. Lima admitted that during this trip she tried to attend an appointment with the doctor in order to obtain a prescription for oxycodone pills, but was unsuccessful. Kounitz obtained a prescription for oxycodone on Aug. 17, 2011, and Lima admitted that she and Kounitz filled this prescription and provided the pills to Hall for distribution.Lima and Kounitz, in coordination with Hall, made a second trip to the doctor on Sept. 14, 2011, during which Lima obtained a prescription for 120 15-mg oxycodone pills and Kounitz obtained a prescription for 120 30-mg oxycodone pills. Lima admitted that she and Kounitz later filled those prescriptions and provided the pills to Hall in exchange for payment. Lima understood Giorgianni to be overseeing the sale of the oxycodone that she and Kounitz provided to Hall.
The drug conspiracy charge is punishable by a maximum potential penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for July 2, 2013.
U.S. Attorney Fishman credited special agents of the FBI’s Trenton Resident Agency, Newark Field Office, under the direction of Acting Special Agent in Charge David Velazquez, for the investigation leading to today’s guilty plea.The government is represented by Assistant U.S. Attorneys Eric W. Moran and Matthew J. Skahill of the U.S. Attorney’s Office Special Prosecutions Division in Trenton and Camden, respectively.
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Defense counsel: Paul W. Norris Esq., Lawrenceville, N.J.
Lima Information
Mercer County, N.J., Woman Admits Role in Oxycodone RingRead the Press Release
TRENTON, N.J. –A Mercer County, N.J., woman today admitted she conspired with Joseph “JoJo” Giorgianni, Charles Hall III and others to illegally distribute oxycodone pain pills, U.S. Attorney Paul J. Fishman announced.
Stephanie Lima, 41, of Yardville, NJ, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an Information charging her with conspiracy to distribute and possession with intent to distribute oxycodone.
According to documents filed in this case and statements made in court:
Between August 2011 and September 2011, Lima agreed with Hall, Carol Kounitz and Giorgianni to obtain oxycodone from a doctor and distribute that oxycodone in exchange for payment. On Aug. 17, 2011, Lima traveled with Kounitz and Hall to a doctor in Nutley, N.J. Lima admitted that during this trip she tried to attend an appointment with the doctor in order to obtain a prescription for oxycodone pills, but was unsuccessful. Kounitz obtained a prescription for oxycodone on Aug. 17, 2011, and Lima admitted that she and Kounitz filled this prescription and provided the pills to Hall for distribution.Lima and Kounitz, in coordination with Hall, made a second trip to the doctor on Sept. 14, 2011, during which Lima obtained a prescription for 120 15-mg oxycodone pills and Kounitz obtained a prescription for 120 30-mg oxycodone pills. Lima admitted that she and Kounitz later filled those prescriptions and provided the pills to Hall in exchange for payment. Lima understood Giorgianni to be overseeing the sale of the oxycodone that she and Kounitz provided to Hall.
The drug conspiracy charge is punishable by a maximum potential penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for July 2, 2013.
U.S. Attorney Fishman credited special agents of the FBI’s Trenton Resident Agency, Newark Field Office, under the direction of Acting Special Agent in Charge David Velazquez, for the investigation leading to today’s guilty plea.The government is represented by Assistant U.S. Attorneys Eric W. Moran and Matthew J. Skahill of the U.S. Attorney’s Office Special Prosecutions Division in Trenton and Camden, respectively.
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Defense counsel: Paul W. Norris Esq., Lawrenceville, N.J.
Lima Information
Men and Company Charged in Scheme Related to Theft of Social SecurityRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that a grand jury returned a five-count indictment charging Kevin Philip Zeszut with one count of theft of government property; charging Ohio Transport Corporation with one count of aiding and abetting the theft of government property and charging William C. Hill, Jr., with one count of aiding and abetting the theft of government property and four counts of making false statements.
Zeszut, 60, lives in Parma, Ohio; Hill, 59, lives in Liberty Township, Ohio and Ohio Transport Corporation is located in Middletown, according to public records.
The indictment alleges that Zeszut stole and converted to his own use, $196,245 in Social Security payments and related benefits to which he was not entitled.
The indictment further alleges that Hill made false statements to agency representatives by stating that Zeszut was not an employee of his company, Ohio Transport Corporation, when, in fact, Hill knew that Zeszut was a full-time employee of his company, but was being paid using the actual name and Social Security number of a person other than Zeszut.
If convicted, the defendants’ sentences will be determined by the Court after a review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximums, and in most cases they will be less than the maximum.
The case is being prosecuted by Trial Attorney Ian D. Hoffman and Assistant U.S. Attorney Phillip J. Tripi, following investigation by agents of the Social Security Administration Office of Inspector General.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.Maryland Man Pleads Guilty to Transporting Women for Prostitution EnterpriseRead the Press Release
ALEXANDRIA, Va. – Angel Campos Tellez, aka “Israel Campos Martinez,” “Abel Cruz Bonilla,” and “Abel Campos,” 27, of Maryland, pleaded guilty today to helping lead a commercial sex enterprise that prostituted at least 100 different women throughout Virginia and nearby states.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Virginia Attorney General Kenneth Cuccinelli, II; and John P. Torres, Special Agent in Charge for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Washington, D.C., made the announcement after the plea was accepted by United States District Judge Claude M. Hilton.
Campos Tellez, a citizen and national of Mexico who is illegally present in the United States, pleaded guilty to transporting individuals to engage in prostitution, which carries a maximum of five years in prison. Sentencing is scheduled for June 21, 2013.
According to a statement of facts filed with his plea agreement, Campos Tellez was a leader of a commercial sex enterprise that operated between 2009 and July 2012. His organization brought more than 100 women, most of whom were foreign nationals, from New York, New Jersey, Virginia, Maryland and Washington, D.C., to engage in commercial sex in Manassas, Woodbridge, Virginia Beach, Norfolk and Newport News in Virginia, as well as in Baltimore, Md., and in Delaware.
Campos Tellez admitted that he coordinated different drivers to transport the women; collected the prostitution proceeds; advertised for the enterprise by handing out business cards at Spanish restaurants, check cashing stores, construction sites and day laborer sites; and obtained lodging for members of the enterprise.
This case was investigated by ICE HSI, with assistance from the Northern Virginia Human Trafficking Task Force. Virginia Assistant Attorney General and Special Assistant United States Attorney Marc J. Birnbaum and Assistant United States Attorney Michael J. Frank are prosecuting the case on behalf of the United States.
Founded in 2004, the Northern Virginia Human Trafficking Task Force is a collaboration of federal, state, and local law enforcement agencies – along with nongovernmental organizations – dedicated to combating human trafficking and related crimes.
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.Mansfield Man Charged Wtih Making Bomb ThreatsRead the Press Release
A criminal information was filed charging a Mansfield man with six counts of willfully making threats, 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, is accused of calling in bomb threats to courthouses in Nebraska, Washington, Oregon, Tennessee and Mississippi beginning in November throughout the month of December 2012.
Bristow made the threats using prepaid calling cards that purchased at the Wal-Mart Supercenter in Upper Sandusky, Ohio, according to the information. 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 the information.
"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.
If convicted, the defendant’s sentence will be determined by thecCourt after a review of factors unique to the case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses, and the characteristics of the violations. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
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Lummi Tribal Member Sentenced to 97 Months in Prison for Voluntary ManslaughterRead the Press Release
An enrolled member of the Lummi Tribe was sentenced today in U.S. District Court in Seattle to 97 months in prison for Voluntary Manslaughter in the death of his six month old daughter, announced U.S. Attorney Jenny A. Durkan. LAWRENCE V. TOM, JR., 23, pleaded guilty in November 2012. In addition, Chief U.S. District Judge Marsha J. Pechman imposed three years of supervised release.
According to the plea agreement, on May 10, 2012, TOM was home alone with his infant daughter as well as his 18-month-old daughter when he became frustrated with the infant’s crying. TOM squeezed the infant’s head between his right bicep and forearm, causing a traumatic brain injury. Early on May 13, TOM asked neighbors to call 9-1-1 saying his infant daughter had stopped breathing. The child died from skull fractures and brain bleeding.
In asking for a ten year sentence, prosecutors wrote to the court the infant “suffered greatly in her home for several days before Defendant sought medical care for her. When first confronted about his daughter’s injuries, Defendant lied in an attempt to cover up his violent act against his daughter. In short, the nature and circumstances of Defendant’s conduct, the seriousness of the offense, and the goals of general and specific deterrence warrant the imposition of a 120-month custodial sentence.”
The case was investigated by the FBI and the Lummi Tribal Police Department. The Lummi Nation is a self-governing, federally recognized Indian Tribe. The Lummis are the third largest tribe in Washington State, serving over 5,000 members whose median age is 29 years old. The Lummi Tribal Police Department has approximately 20 commissioned officers and is recognized for its responsive law enforcement services. The case is being prosecuted by Assistant United States Attorney J. Tate London. Mr. London has served as the Tribal Liaison for the U.S. Attorney’s Office.
Lincoln Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that Michael P. Boyer, age 47 of Lincoln, Nebraska, was sentenced on March 27, 2013, in Lincoln, Nebraska, to 12 months and one day in prison by United States District Senior Judge Lyle E. Strom, for failing to register as a sex offender. After his release from prison, Boyer will be required to serve a five year term of supervised release and be registered as a sex offender.
Boyer was required to register as a sex offender as a result of convictions for assault with intent to commit rape and assault with a deadly weapon in Placer County, California, in 1990. He was discharged from custody for that offense in 1993, and did not register in any of the states in which he subsequently resided.
This case was investigated by the United States Marshals Service.
Licking County Man Pleads Guilty to Defrauding Project Hire, A Federally Funded Job Training ProgramRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS – Eric M. Rader, 36, of Johnstown, Ohio pleaded guilty in U.S. District Court to one count of conspiracy to commit fraud for submitting fraudulent bills in connection with a federally funded job training program.
Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, Robert Hughes, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), and James Vanderberg, Special Agent-in-Charge of the U.S. Department of Labor Office of Labor Racketeering and Fraud Investigations announced the plea entered today before U.S. District Judge Michael H. Watson.
According to court documents, Rader was a recruiter and apprenticeship manager for Building Trades Institute (BTI) in Delaware, Ohio from February 2009 to December 2010. BTI receives funding through the American Recovery and Reinvestment Act for Project HIRE, an initiative to help connect and incentivize employers in targeted growth industries who had current job openings to hire dislocated workers who had or were close to having the necessary skills to fill those positions.
Rader forged the signature of an officer of a job leasing company official on a letter claiming jobs existed for people who were to receive solar panel installation training through BTI knowing that such jobs did not exist.
Rader sent an invoice for $66,000 to the program. The invoice had the names of students who had received training prior to Project HIRE starting, making them ineligible for Project HIRE funds. The students never received solar panel installation training which would have resulted in an Industry Recognized Certificate (IRC), which was a requirement of Project HIRE.
Rader pleaded guilty to one count of conspiracy to commit mail fraud, which is punishable by up to five years in prison, a fine of up to $250,000 and three years of supervised release. The plea agreement also calls for Rader to make restitution.
The court will conduct a pre-sentence investigation before determining the sentence and schedule a date for sentencing.
U.S. Attorney Stewart said the investigation is continuing and commended the investigation by Department of Labor and FBI agents, and Financial Crimes Chief Brenda S. Shoemaker, who is representing the United States in this case.
Law Enforcement Arrests Defendants Charged in Large Scale Drug ConspiracyRead the Press Release
WICHITA FALLS, Texas —All seven defendants charged in a federal indictment with conspiring to possess with intent to distribute methamphetamine and firearms offenses are in custody, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. Of those seven defendants, four were arrested yesterday, one was previously arrested and is in federal custody, and two are in state custody in Wichita and Tarrant counties awaiting transfer to federal custody. All seven defendants will make appearances in federal court in Wichita Falls before U.S. Magistrate Judge Robert K. Roach today and either remain in custody or be released on bond.
Each of the below-named defendants charged in the indictment, which was returned by a federal grand jury in Fort Worth approximately two weeks ago and unsealed today, is charged with at least one count of conspiracy to distribute a Schedule II controlled substance, namely methamphetamine. In addition, some of the defendants are charged with firearms offenses.
- Anthony Rueben Johnston, 27
- Rachel Dawn Billen, 20
- Louis Griego, Jr., aka “Big Lou,” 44
- Janis Hernandez, 30
- James Allan Holley, aka “Jimmy Holley,” 33
- Darren Scott Murphy, Jr., 25
- Christina Gail Thompson, 31
A federal indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted however, each of the conspiracy counts and each of the substantive drug counts carry a maximum statutory sentence of not less than five years or more than 40 years in prison and a $5 million fine. The firearms offenses charged in Counts Two and Four carry a maximum statutory sentence of 10 years in prison and a $250,000 fine. The firearms offense charged in Count Three carries a statutory sentence of not less than five years and up to life in prison and a $250,000 fine. In addition, the indictment includes a forfeiture allegation which would require the defendants to forfeit to the U.S. all proceeds obtained as a result of their offense.
The Texas Department of Public Safety and Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating.
Assistant U.S. Attorney Mary F. Walters is in charge of the prosecution.
Lansing Landscapers Sentenced to Prison for Defrauding Unemployment Insurance ProgramRead the Press Release
Business owners forced laborers to work for free while collecting unemployment insuranceGRAND RAPIDS, MICHIGAN – Kevin Romando Johnson, 39, of Lansing, was sentenced to four years in prison; his mother Sara Johnson, 69, was sentenced to three years’ imprisonment, U.S. Attorney Patrick Miles announced today. U.S. District Judge Gordon J. Quist also ordered the Johnsons to pay restitution of $315,471 to the Michigan Unemployment Insurance Agency (“UIA”). The sentence was imposed as the result of a conviction on October 30, 2012, after a six-day jury trial in Grand Rapids.
"In hard times, we all need to pull together," said U.S. Attorney Miles. “Stealing from the unemployment insurance system is selfish, illegal, and clearly not worth the risk."
The evidence presented at trial and sentencing established that the Johnsons owned and operated Lansing Total Lawn Care (“LTLC”), a commercial landscaping company. At the end of each mowing season between 2006 and 2010, the defendants laid-off laborers and coerced them into applying for unemployment insurance benefits. The defendants would then force workers to toil for the company for free throughout the winter, driving snowplow trucks and performing other labor. The defendants informed them that unemployment "was their paycheck." Workers testified that if they refused, the defendants would call the Michigan UIA and report them as "refusing to work," leading to termination of their unemployment benefits.
Kevin Johnson also applied for unemployment benefits for himself while running the company. He lied on over 50 UIA certifications that he had been "laid off." Meanwhile, he represented himself as the owner of LTLC on loan applications, including for the purchase of property at the Las Vegas “Planet Hollywood” resort. Documents and testimony presented at trial established that Johnson used his unemployment checks to pay for a Chrysler 300 Limited luxury sedan, cash and other personal expenses. When interviewed by law enforcement, Johnson lied under oath that he had “never knowingly allowed any of his employees to work while collecting unemployment,” resulting in his additional conviction for lying to a federal agent.
Neither defendant ever admitted responsibility for their crime. The Court described Sara Johnson as the "enforcer" of the scheme, who told workers that if they reported the fraud, they would go to jail for collecting unemployment while her lawyer would assure that she and her son remained unscathed. The Court noted the pernicious scheme undermined a program that enables laid-off workers to support themselves and their families with dignity while looking for employment.
The Department of Labor Office of Inspector General investigated the case and Assistant U.S. Attorneys Nils R. Kessler, and Carolyn Almassian.
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Justice Department’s Civil Injunction Program Shuts Down Fraudulent Tax Return Preparers and Promoters NationwideRead the Press Release
The Justice Department today announced recent results of its civil injunction efforts to combat unscrupulous tax return preparers and tax fraud promoters. According to Internal Revenue Service (IRS) estimates, 60 percent of taxpayers use tax professionals to prepare and file their tax returns. Paid tax return preparers now prepare more than 80 million individual tax returns annually. For more than a decade, the department’s Tax Division, working with the Internal Revenue Service, has pursued a civil injunction program to stop fraudulent return preparers and promoters from violating federal tax laws and consumer protection laws. With the current tax-filing season underway, the Tax Division in the last six months has obtained permanent injunctions against more than 30 preparers and promoters doing business all over the United States.
Since Oct. 1, 2012, the Tax Division has obtained civil injunctions against both large-scale return preparation franchises and smaller, independent return preparers and promoters across the country. For example, on Oct. 22, 2012, a U.S. District Court in Dayton, Ohio, entered preliminary injunctions against ITS Financial LLC and its CEO, Fesum Ogbazion. ITS Financial is the parent company that owns the Dayton-based Intstant Tax Service tax-preparation franchise operation. Instant Tax Service claims to be the fourth-largest tax-preparation firm in the nation. The preliminary injunction remains in force pending trial on the government’s request for a permanent injunction, currently scheduled for May 2013. During December, January and February, federal district courts also permanently enjoined current and former Instant Tax Service franchisees in Las Vegas, Kansas City and Los Angeles , and entered a preliminary injunction against an Instant Tax Service franchisee in Indianapolis. Similarly, on March 1, 2013, a U.S. District Court in Tennessee permanently shut down a licensee of Memphis-based Mo’ Money Taxes LLC and MoneyCo USA LLC. Federal courts have also shut down return preparers in Mississippi, Florida, Louisiana and South Carolina, and promoters of alleged tax-fraud schemes in Michigan, New York and Kansas.
As alleged in the Tax Division’s civil injunction complaints, fraudulent return preparers commonly falsify information to take advantage of refundable credits available under federal tax law, often improperly manipulating customers’ income, expenses and dependents to hit the so-called “sweet spot” to maximize the refundable credit claimed. They also take advantage of customers by selling deceptive loan products with exhorbitant fees. As identified in the government’s complaints, some of the fraudulent schemes and practices that have been stopped through injunction orders recently include:
· Preparing phony tax-return forms with fabricated businesses and income;
· Claiming false education and homebuyer credits;
· Claiming false and inflated deductions;
· Claiming false filing status;
· Claiming false dependents;
· Selling deceptive loan products;
· Filing tax returns without customer consent or authorization;
· Preparing bogus W-2 forms, based on information from employee paystubs;
· Falsifying information on returns to claim inflated earned income tax credits; and
· Filing fraudulent tax returns using stolen taxpayer identities to obtain improper tax refunds.
Some preparers try to conceal their fraud by not signing the returns they prepare and by using stolen or fake social security numbers to misidentify the paid preparer.
“It is important that we make clear, especially now when honest taxpayers are filing their returns, that we will pursue those who would abuse our nation’s tax laws,” said Assistant Attorney General for the Tax Division Kathryn Keneally. “Fraudulent tax return preparers and tax scheme promoters too often seek to take advantage of their customers as well as to undermine our tax system. I commend the Tax Division’s attorneys and our colleagues at the Internal Revenue Service for their steady diligence and tireless work in uncovering and shutting down these schemes and scams.”
In the past decade, the Tax Division has obtained injunctions against hundreds of tax-return preparers and tax fraud promoters. Information about these cases is available on the Justice Department website. Return preparer fraud is one of the IRS’s “ Dirty Dozen Tax Scams.” For more information about choosing a tax return preparer, see the IRS website and the IRS YouTube Channel.
Justice Department Settles Sex-Discrimination Suit Against Summit CountyRead the Press Release
The Department of Justice announced today that it has entered into a consent decree with Summit County, Ohio, and related parties, which if approved by the court, will resolve a sex discrimination lawsuit in which the United States intervened in June 2012.
The United States joined a lawsuit brought in the U.S. District Court for the Northern District of Ohio by 21 female deputy sheriffs at the Summit County Jail who claimed they were subjected to discrimination due to a sex-segregated job assignment system implemented at the jail in January 2012. The United States’ complaint in intervention alleged that this system discriminated against female deputies because of their sex and constituted a pattern or practice of sex discrimination in violation of Title VII of the Civil Rights Act of 1964. As a result of this discriminatory practice, the United States alleged female deputies lost the job assignments and shifts they had earned based on their seniority as well as opportunities to bid on overtime postings.
“Bringing an end to practices in the law enforcement community that discriminate against women is a major priority of the Justice Department and the Civil Rights Division. Practices that facially discriminate on the basis of sex that cannot be justified under the law, like the job assignment system used by Summit County, present a major hurdle to workplace equality that the Justice Department will not ignore,” said Jocelyn Samuels, Principal Deputy Assistant Attorney General, Civil Rights Division.
In July 2012, shortly after the United States joined the lawsuit, Summit County abandoned its sex-segregated job assignment system. Under the terms of the consent decree, Summit County has agreed to take several steps to ensure that any job assignment system implemented at the Summit County Jail will comply with Title VII and only use sex-based assignments, if at all, to the limited extent that they are reasonably necessary to the normal operation of the jail.
To make this determination, the county will conduct a staffing analysis and develop a lawful staffing plan, which it will review regularly during the life of the decree. The county will also provide training on sex discrimination as well as engage in recruitment efforts to encourage qualified female applicants to apply for deputy positions.
Finally, the county will pay $400,000 in individual monetary relief to the affected female deputies and to cover their attorney fees.
“This agreement ensures that female deputies at the Summit County Jail will have the opportunity to do the same jobs as their male counterparts,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio. “We will continue to press for equality for women in the workplace.”
This is the first pattern or practice lawsuit brought by the Justice Department as a result of a joint project with the Equal Employment Opportunity Commission (EEOC) designed to ensure vigorous enforcement of Title VII against state and local governmental employers by enhancing cooperation between the EEOC and the Civil Rights Division. Enforcement of federal employment discrimination laws is a top priority for the Justice Department with this case being handled by attorneys assigned to both the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Ohio.
“Our partnership with Department of Justice allows for the strategic investigation and efficient resolution of discrimination claims in the public sector,” said EEOC District Director Spencer H. Lewis Jr., of the EEOC Philadelphia District Office. The Philadelphia District Office of the EEOC oversees Pennsylvania, Maryland, Delaware, West Virginia and parts of New Jersey and Ohio.
Title VII prohibits discrimination in employment on the basis of gender, race, color, national origin or religion, and prohibits retaliation against an employee who opposes an unlawful employment practice, or because the employee has made a charge or participated in an investigation, proceeding or hearing under the act. More information about Title VII and other federal employment laws is available on the Department of Justice website at www.usdoj.gov/crt/emp/index.html.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov.
Justice Department Settles Sex Discrimination Suit Against Summit County, OhioRead the Press Release
The Department of Justice announced today that it has entered into a consent decree with Summit County, Ohio, and related parties, which if approved by the court, will resolve a sex discrimination lawsuit in which the United States intervened in June 2012. The United States joined a lawsuit brought in the U.S. District Court for the Northern District of Ohio by 21 female deputy sheriffs at the Summit County Jail who claimed they were subjected to discrimination due to a sex-segregated job assignment system implemented at the jail in January 2012. The United States’ complaint in intervention alleged that this system discriminated against female deputies because of their sex and constituted a pattern or practice of sex discrimination in violation of Title VII of the Civil Rights Act of 1964. As a result of this discriminatory practice, the United States alleged female deputies lost the job assignments and shifts they had earned based on their seniority as well as opportunities to bid on overtime postings.
“Bringing an end to practices in the law enforcement community that discriminate against women is a major priority of the Justice Department and the Civil Rights Division. Practices that facially discriminate on the basis of sex that cannot be justified under the law, like the job assignment system used by Summit County, present a major hurdle to workplace equality that the Justice Department will not ignore,” said Jocelyn Samuels, Principal Deputy Assistant Attorney General, Civil Rights Division.
In July 2012, shortly after the United States joined the lawsuit, Summit County abandoned its sex-segregated job assignment system. Under the terms of the consent decree, Summit County has agreed to take several steps to ensure that any job assignment system implemented at the Summit County Jail will comply with Title VII and only use sex-based assignments, if at all, to the limited extent that they are reasonably necessary to the normal operation of the jail. To make this determination, the county will conduct a staffing analysis and develop a lawful staffing plan, which it will review regularly during the life of the decree. The county will also provide training on sex discrimination as well as engage in recruitment efforts to encourage qualified female applicants to apply for deputy positions. Finally, the county will pay $400,000 in individual monetary relief to the affected female deputies and to cover their attorney fees.
“This agreement ensures that female deputies at the Summit County Jail will have the opportunity to do the same jobs as their male counterparts,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio. “We will continue to press for equality for women in the workplace.”
This is the first pattern or practice lawsuit brought by the Justice Department as a result of a joint project with the Equal Employment Opportunity Commission (EEOC) designed to ensure vigorous enforcement of Title VII against state and local governmental employers by enhancing cooperation between the EEOC and the Civil Rights Division. Enforcement of federal employment discrimination laws is a top priority for the Justice Department with this case being handled by attorneys assigned to both the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Ohio.
“Our partnership with Department of Justice allows for the strategic investigation and efficient resolution of discrimination claims in the public sector,” said EEOC District Director Spencer H. Lewis Jr., of the EEOC Philadelphia District Office. The Philadelphia District Office of the EEOC oversees Pennsylvania, Maryland, Delaware, West Virginia and parts of New Jersey and Ohio.
Title VII prohibits discrimination in employment on the basis of gender, race, color, national origin or religion, and prohibits retaliation against an employee who opposes an unlawful employment practice, or because the employee has made a charge or participated in an investigation, proceeding or hearing under the act. More information about Title VII and other federal employment laws is available on the Department of Justice website at www.usdoj.gov/crt/emp/index.html.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov.Related Materials:
Summit County Proposed Consent Decree
Inmate Sentenced for Filing False Tax Returns While in Alabama Federal PrisonRead the Press Release
David Marrero, a federal inmate in the custody of the Bureau of Prisons, was sentenced today to 46 months in prison for tax fraud committed while in prison, the Justice Department and the Internal Revenue Service (IRS) announced. Twenty-four months of the sentence imposed will run concurrent with Marrero’s current 10 year federal sentence, and 22 months will run consecutive to his 10 year sentence. Marrero had pleaded guilty in December 2012 to filing false claims.
According to court documents, while serving his federal sentence in Montgomery County, Ala., Marrero began sending various false documents to the IRS and to the federal judge who had presided over his case in Florida. Among the documents Marrero sent were fictitious money orders and false tax returns making claims for refunds, including one tax return claiming a $2,719,438 refund—the amount of restitution Marrero had been ordered to pay following his conviction in Florida. The fraudulent tax returns were based upon false IRS Forms 1099-OID on which Marrero had fraudulently claimed that various companies withheld a substantial amount of federal taxes from him when, in fact, the companies had withheld nothing. Marrero also used financial documents he had obtained from other people, without their knowledge or consent, as supporting documentation for his fraudulent claims.
Assistant Attorney General for the Justice Department’s Tax Division Kathryn Keneally commended the efforts of special agents of IRS - Criminal Investigation, who investigated the case, and Tax Division Trial Attorneys Jason Poole and Justin Gelfand, who prosecuted the case.
Form 1099-OID schemes are one of the IRS’s “Dirty Dozen” tax scams. Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
Inmate Sentenced for Filing False Tax Returns While in Alabama Federal PrisonRead the Press Release
Montgomery, Alabama - David Marrero, a federal inmate in the custody of the Bureau of Prisons, was sentenced today to 46 months in prison for tax fraud committed while in prison, announced U.S. Attorney George L. Beck. Twenty-four months of the sentence imposed will run concurrent with Marrero’s current 10 year federal sentence, and 22 months will run consecutive to his 10 year sentence. Marrero pleaded guilty in December 2012 to filing false claims.
According to court documents, while serving his federal sentence in Montgomery County, Ala., Marrero began sending various false documents to the IRS and to the federal judge who had sentenced him in Florida. Among the documents Marrero sent were fake money orders and false tax returns making claims for refunds, including one tax return claiming a $2,719,438 refund—the amount of restitution Marrero had been ordered to pay following his conviction in Florida. In the false tax returns, Marrero lied that he had various companies. He also lied that these companies had withheld substantial amount of federal taxes from him when, in fact, the companies had withheld nothing. Marrero also used financial documents he had stolen from other people, as supporting documentation for his fraudulent claims.
Assistant Attorney General for the Justice Department’s Tax Division Kathryn Keneally commended the efforts of special agents of IRS - Criminal Investigation, who investigated the case, and Tax Division Trial Attorneys Jason Poole and Justin Gelfand, who prosecuted the case.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Illinois Man Charged with Illegally Distributing PeptidesRead the Press Release
PITTSBURGH - A resident of Palatine, Ill., was indicted on March 26, 2013, by a federal grand jury in Pittsburgh on charges of mail fraud, misbranding of drugs and money laundering, United States Attorney David J. Hickton announced today.
The three-count indictment named Adam F. Higdon, 40, as the sole defendant.
According to the indictment, Higdon maintained two websites for the illegal distribution of peptides - chemical compounds which require a prescription for dispensation, but which are illegitimately sought by body-builders for muscle enhancement. Higdon deceived the Internet service provider and the FDA by falsely representing on the websites that he was selling these substances "for research use only . . . not for human consumption." During the period from January 2010 until January 2011, Higdon allegedly paid $131,472.50 to acquire the substances from suppliers in the Peoples Republic of China; and he thereafter sold the peptides for $397,662.00.
The law provides for a maximum total sentence of 20 years in prison and a fine of $250,000 on the mail fraud count; three years in prison and a fine of $250,000 on the misbranding count; and 20 years in prison and a fine of $500,000 on the money laundering count. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Leo M. Dillon is prosecuting this case on behalf of the government.
The prosecution arose from the combined efforts of agents with the FDA Office of Criminal Investigations, IRS - Criminal Investigation and the DEA.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Illegal Resident Gets Enhanced Sentence for Raping Undocumented Honduran AlienRead the Press Release
LAREDO, Texas – Juan De Dios Rodriguez, a 34-year-old Mexican National has been handed a 60-month-term of federal imprisonment for transporting an illegal alien, United States Attorney Kenneth Magidson announced today.
Rodriguez had been illegally living in the Laredo area after losing his border crossing card in 2003. While here, he became involved in transporting undocumented aliens for financial gain. Specifically, Rodriguez encountered an undocumented female from Honduras on March 15, 2012, who had never been to the United States and had limited education. At 11:30 p.m. on the same day of encounter, Rodriguez picked up the undocumented alien whom he was supposed to take to a tractor trailer for further transportation north.
However, he instead took her to a secluded area, where he sexually assaulted her for hours in a vehicle. Afterwards, he took her to a motel where he assaulted her again. In addition to the assault, he took $800 from the undocumented alien as a form of payment for smuggling fees.
Before pronouncing sentencing, the court noted that Rodriguez had previously demonstrated violent tendencies toward other women, who were never at fault. At the hearing, he again chose to not acknowledge his wrongdoing stating that the encounter was consensual. However, he had repeatedly threatened her to comply. Out of fear for her life, the undocumented alien did as she was told despite her contention that this was the worst pain she had ever experienced.
Upon recommendation of the government, the court upwardly departed from the U.S. Sentencing Guidelines by imposing the 60-month sentence based on the egregious conduct involved in the case in addition to prior incidents.
The case was investigated by Homeland Security Investigations and Laredo Police Department.
Assistant United States Attorney Suntrease Williams is prosecuting the case.
Idaho Home Builder Sentenced for Tax EvasionRead the Press Release
Ordered to Pay $429,436 in Restitution to the IRS
BOISE – Justin D. Schoenauer, 41, also known as Corey J. Schoenauer, a resident of Twin Falls County, Idaho, was sentenced today in United States District Court to 27 months in prison for income tax evasion. Schoenauer was also sentenced to three years of supervised release and ordered to pay $429,436 in restitution. Schoenauer was indicted in February 2012 and pleaded guilty to the offense on October 30, 2012.
According to court documents, Schoenauer was a general contractor who, for the past ten years, operated a sole proprietorship called Patagonia Construction (Patagonia), a business engaged primarily in building homes. Schoenauer admitted that during tax years 2005 through 2008, he concealed Patagonia’s business receipts. Schoenauer further admitted that he directed some customers to make checks payable to him personally, rather than to Patagonia, then ensured that those checks were not deposited into Patagonia’s main bank account. When having tax returns prepared, Schoenauer falsely told his return preparer that all of his business receipts were deposited into the main Patagonia bank account, thereby concealing Patagonia’s gross receipts and causing the preparation and filing of false tax returns. Schoenauer paid the IRS $35,000 at sentencing, which will be applied to his outstanding tax liability.
“When a business owner cheats on his taxes, he gains an unfair advantage over honest businesses and cheats all honest taxpayers,” said Assistant Attorney General for the Justice Department’s Tax Division Kathryn Keneally. “Today’s sentence shows that we will hold such criminals accountable.”
“Paying income tax is a solemn obligation of citizenship,” said United States Attorney Wendy J. Olson. “Integrity in business transactions required to be reported to the federal government is essential to the proper functioning of our economy. Those who hide income, evade taxes and launder profits undermine our democracy. This sentence sends a strong message that those who seek to avoid their tax responsibilities will be properly punished.”
“The license to run a business is not a license to evade paying taxes,” said Richard Weber, Chief, IRS Criminal Investigation. “Mr. Schoenauer’s misconduct, concealing business receipts and having checks made payable to himself, is offensive to all honest business owners. IRS Criminal Investigation continues to protect the U.S. tax system by investigating and bringing to justice individuals who violate tax laws.”
Assistant Attorney General Keneally and United States Attorney Olson commended the efforts of special agents from IRS-Criminal Investigation, who investigated the case, and Tax Division Trial Attorneys Michael J. Romano and Mark L. Williams, who prosecuted the case.
Idaho Falls Man Pleads Guilty to Possessing More Than 600 Images of Child PornographyRead the Press Release
POCATELLO – James Brown, 50, of Idaho Falls, Idaho, pleaded guilty today in United States District Court in Pocatello to one count of possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Brown was charged by information on February 12, 2013.
According to the plea agreement, Brown admitted that on August 15, 2012, he possessed a laptop computer with more than 600 sexually explicit images of minors. Many of the images depicted sexual activity between adults and children under the age of 12. When Brown was interviewed by special agents of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, he admitted to possessing “thousands” of images of sexually explicit conduct, approximately half of which he estimated were images of minor children.
Authorities were alerted to Brown’s illegal activities in April 2011, when the Federal Bureau of Investigation learned that Brown’s e-mail account had been used to send an image of child pornography to another person. An investigation led authorities to suspect the illegal activity was being conducted using the computer network of Brown’s employer, ON Semiconductor. Once notified, the company promptly undertook an internal investigation and cooperated fully with law enforcement’s investigation. Brown’s employment was terminated in conjunction with his confession to the authorities.
The charge of possessing sexually explicit images of minors is punishable by up to ten years in prison, a maximum fine of $250,000, and a minimum term of five years up to lifetime supervised release. The government is seeking forfeiture of the computer equipment used in the offense.
Sentencing is set for June 17, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with assistance from the Federal Bureau of Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Hubbard Man Faces Heroin ChargeRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that a federal grand jury sitting in Cleveland, Ohio, returned a one-count indictment charging Andre M. Little, age 27, of Hubbard, Ohio, with possession with the intent to distribute heroin.
The indictment charges that on or about February 13, 2013, Andre M. Little possessed with the intent to distribute more than 1,000 grams of heroin.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Drug Enforcement Administration - Youngstown Resident Office. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Honeywell Resins and Chemicals to Pay $3 Million Penalty, Upgrade Air Pollution Controls at Hopewell, Virginia, PlantRead the Press Release
Honeywell Resins and Chemicals LLC has agreed to pay a $3 million civil penalty for alleged Clean Air Act violations at its Hopewell, Va., plant, and improve the facility’s air pollution control equipment and processes, the Justice Department and the U.S. Environmental Protection Agency (EPA) announced today.
The proposed consent decree resolves violations of federal and state air pollution regulations at the Hopewell plant, the world’s largest single-site producer of caprolactam used in the production of nylon, and ammonium sulfate used for fertilizer. According to EPA and the Virginia Department of Environmental Quality, the facility violated Clean Air Act limits on emissions of nitrogen oxide (NOx), benzene and other volatile organic compounds (VOCs) and particulate matter. The plant also allegedly failed to comply with requirements to upgrade air pollution control equipment, to detect and repair leaks of hazardous air pollutants, and to develop safeguards on benzene waste.
In addition to the $3 million civil penalty, Honeywell has agreed to reduce harmful air pollutants, install selective catalytic reduction at four production trains at the facility, conduct a third-party benzene waste operations audit, and implement an enhanced leak detection and repair program at the facility. Honeywell will also perform a mitigation project valued at approximately $1 million at the facility. The settlement reduces annual emissions of NOx by about 6,260 tons, and cuts annual emissions of benzene, other VOCs and hazardous air pollutants by 100 tons. The estimated cost for injunctive relief to address these emissions will be approximately $66 million dollars. The civil penalty will be split evenly between Virginia and the United States.
As part of the settlement, Honeywell did not admit liability for the violations, but has certified that it is now in compliance with applicable Clean Air Act regulations. The proposed consent decree is subject to a 30 day public comment period and final court approval. For more information, see http://www.justice.gov/enrd/ConsentDecrees/Honeywell_Consent_Decree_Lodged.PDF
Hartford Crack Dealer Sentenced to More Than Eight Years in Federal PrisonRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, announced that DERRICK BAILEY, also known as “Fry,” 44, of Hartford, was sentenced today by United States District Judge Janet C. Hall in New Haven to 105 months of imprisonment, followed by five years of supervised release, for distributing crack cocaine.
This matter stems from “Operation Vinefield,” a joint law enforcement investigation headed by the FBI’s Northern Connecticut Violent Crimes Task Force targeting narcotics trafficking and gang violence in Hartford’s North End. As a result of the nine-month investigation, 38 individuals were charged with various offenses related to the distribution of crack cocaine and the unlawful possession and dealing of firearms in and around Hartford. The investigation revealed that BAILEY distributed crack cocaine to co-defendants who redistributed the drug to numerous street-level dealers, including gang members, in the area of Enfield Street in Hartford.
BAILEY’s criminal history includes multiple narcotics-related felony convictions, as well as a firearms conviction.
BAILEY has been detained since his arrest on May 9, 2012. On January 2, 2013, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of cocaine base (“crack cocaine”).
This matter has been investigated by the FBI’s Northern Connecticut Violent Crimes Task Force, the Connecticut State Police, the Hartford Police Department and the Connecticut Department of Correction. The case is being prosecuted by Assistant United States Attorney Brian P. Leaming.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Garfield Man Sentenced for Constructing A Road Through A Protected Wetland BasinRead the Press Release
MINNEAPOLIS—Earlier today in federal court in Fergus Falls, a 49-year-old man from the central Minnesota community of Garfield was sentenced for constructing a road through land he knew was a federally protected wetland basin. United States Magistrate Judge Leo I. Brisbois sentenced James Bosek to two years of probation on one misdemeanor count of filling a wetland that was subject to a federal easement under the National Wildlife Refuge System Act. In addition, Bosek was ordered to remove the road and complete the restoration as outlined by the U.S. Fish and Wildlife Service (“USFWS”). Bosek was convicted on January 4, 2013, based on evidence presented to Judge Brisbois during a bench trial last August.
Judge Brisbois told Bosek that the restoration of the wetland is the only way to “undo the injury to the public interest.” So, he fined Bosek $2,500, but said if the restoration is completed by March 31, 2014, the fine will be waived.
Following today’s sentencing, Larry Martin, USFWS Fergus Falls Wetland Management District Project Leader, said, “The USFWS purchases wetland easements to protect wetlands from this type of alteration, along with any type of drainage activity, and we are pleased to see the Court upholding our easement and restoration efforts in Minnesota.”Judge Brisbois found that Bosek engaged in prohibited activity when he built a road across the eastern edge of his property, which is located in rural Douglas County. The property is subject to a perpetual easement that the U.S. Department of Interior purchased in 1963. Bosek bought the property subject to the easement in 2001.
Bosek acknowledged during the trial that he knew of the easement before building the road. In finding him guilty, Judge Brisbois found that Bosek failed to obtain permission or authorization from the USFWS to construct the road over the protected wetlands. The USFWS discovered the road while making an unrelated visit to Bosek’s property in April 2008. Judge Brisbois credited the trial testimony of a USFWS biologist, who surveyed the property and concluded that Bosek’s action damaged the wetland as a protected native habitat for waterfowl. Bosek was charged on August 19, 2011, after refusing the USFWS’s request that he remove the road and restore the wetland.
This case was the result of an investigation by the USFWS. It was prosecuted by Assistant U.S. Attorneys Lola Velazquez-Aguilu, Thomas Calhoun-Lopez, and William J. Otteson.Four Jefferson County Men Indicted on Federal Mail Fraud ChargesRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – Four Port Arthur, Texas men have been indicted and arrested in connection with a mail fraud scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
An indictment was returned by a federal grand jury on Mar. 6, 2013 charging Christopher Thomas, 41, Lawrence Thomas, 42, Haleem Collins, 35, and Quarmi Garlington, 25, with conspiracy to commit mail fraud.
The indictment, which was unsealed today, alleges that from Nov. 6, 2006, to Mar. 8, 2012, the defendants conspired with each other to defraud numerous auto insurance companies by submitting fraudulent insurance claims for personal injury and economic loss through the U.S. Postal Service. According to the indictment, the defendants repeatedly staged automobile collisions in Port Arthur after having purchased policies on the vehicles involved. Once the defendants either actually crashed the vehicles, or staged a collision, they would contact police and assume the roles of drivers and passengers for emergency personnel. The indictment also alleges that the defendants would use aggressive driving tactics to induce automobile accidents with other unsuspecting drivers. Following these collisions, the defendants would falsely claim to be injured and submit, by means of the mail, fraudulent accident claims.
The defendants were taken into custody and made initial appearances this week before U.S. Magistrate Judge Zack Hawthorn.
If convicted of the conspiracy charge, the defendants each face up to 20 years in federal prison.
This case is being investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Port Arthur Police Department, and the National Insurance Crime Bureau and is being prosecuted by Assistant U.S. Attorney Baylor Wortham.
A grand jury indictment is not evidence of guilt and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Four Facing Charges in Multi-Faceted Mortgage Fraud ConspiracyRead the Press Release
PITTSBURGH - A resident of Verona, Pennsylvania and three residents of Pittsburgh, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on charges of conspiracy, wire fraud, bank fraud, filing false tax returns, and failing to file tax returns, United States Attorney David J. Hickton announced today.
The 20-count superseding indictment, returned on March 26, 2013, named George Kubini, 48, of Verona, Pa.; Dov Ratchkauskas, 46, of Pittsburgh, Pa.; Sandra Svaranovic, 52, of Pittsburgh, Pa.; and Arthur Smith, 63, of Pittsburgh, Pa.
According to the superseding indictment presented to the Court, Kubini, Ratchklauskas, Svaranovic, Smith, and a number of other individuals who have already pleaded guilty, participated in a multi-faceted mortgage fraud conspiracy involving hundreds of properties and tens of millions of dollars worth of fraudulent loans.
Kubini and Ratchkauskas operated businesses that purchased and sold real estate. The superseding indictment alleges that Kubini and Ratchkauskas sold properties financed through a complex mortgage fraud scheme and that they executed settlement statements that they then knew were fraudulent. The superseding indictment also alleged that Kubini and Ratchkauskas made false representations to borrowers about making improvements to the properties.
Other members of the alleged conspiracy who already pleaded guilty included Robert Arakelian, who operated a mortgage broker business called Pittsburgh Home Loans, and Rhonda and Rochelle Roscoe, who operated another mortgage broker business called Riverside Mortgage. The superseding indictment alleges that Arakelian and Rhonda and Rochelle Roscoe, in furtherance of the conspiracy, submitted loan applications to lenders that falsely represented that the borrowers were intending to make payments at the time of the closings related to the purchase of the properties and that they had sufficient assets to make those payments from their own funds. This false representation was corroborated by Verification of Deposits that falsely represented that the borrowers had sufficient money in their bank accounts to make the payments at the closings.
Other members of the conspiracy included Bartholomew Matto, Cynthia Pielin, and Crystal Spreng, who all worked at financial institutions and all pleaded guilty to their roles in the conspiracy. Their role was to sign the fraudulent Verifications of Deposit that falsely represented that the borrowers had sufficient funds in their accounts to make the payments at the closings.
The conspiracy also involved fraudulent settlement statements that overstated the true sales prices of the properties and falsely represented that the purchases of the properties made substantial payments in connection with the purchase of the properties. Daniel Sporrer was and attorney who executed some of these fraudulent settlement statements and Karen Atkison was an assistant for Sporrer. Sporrer and Atkison all pleaded guilty to their roles in the conspiracy. The superseding indictment alleges that Smith, who is an attorney specializing in closing real estate transactions, similarly participated in the conspiracy by executing fraudulent settlement statements, by fraudulent withdrawing money from his trust account, and by making misrepresentations to a title insurance company.
In addition, the conspiracy involved appraisers who made false representations about the properties serving as collateral for the loans. The superseding indictment alleges that Svaranovic, as part of the conspiracy, prepared fraudulent appraisals that falsely represented the conditions of the properties serving as collateral for the loans and overstated the fair market values of those properties.
The superseding indictment also alleges that Kubini filed false income tax returns with the Internal Revenue Service that understated his Adjusted Gross Income, and that Smith failed to file his tax returns for the calender years 2007 through 2009 despite earning sufficient income to trigger his legal obligation to file his income tax returns.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Mortgage Fraud Task Force conducted the investigation leading to the indictment in this case. The Mortgage Fraud Task Force is comprised of investigators from federal, state and local law enforcement agencies and others involved in the mortgage industry. Federal law enforcement agencies participating in the Mortgage Task Force include the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigations; the United States Department of Housing and Urban Development, Office of Inspector General; the United States Postal Inspection Service; and the United States Secret Service. Other Mortgage Fraud Task Force members include the Allegheny County Sheriff's Office; the Pennsylvania Attorney General's Office, Bureau of Consumer Protection; the Pennsylvania Department of Banking; the Pennsylvania Department of State, Bureau of Enforcement and Investigation; and the United States Trustee's Office.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Texas Health and Human Services Investigator Guilty of Theft of Federal FundsRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A 62-year-old Diboll, Texas woman has pleaded guilty to theft of federal funds in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Melva Darlene Blakemore pleaded guilty to an Information charging her with theft of federal funds on Mar. 26, 2013 before U.S. District Judge Marcia Crone.According to information presented in court, in May of 2008, while Blakemore was employed as a Senior Investigator with the Texas Health and Human Services Commission advised an individual receiving Supplemental Nutrition Assistance that they had been overpaid $2,520 on their Lone Star Card. Blakemore told the individual that if they did not repay the money, she would be indicted and prosecuted. Blakemore also advised the individual that if the money was paid in cash, with no receipt expected, Blakemore would send the money to someone she knew in Austin and that no charges would be filed. The individual contacted local authorities who were able to observe the individual meeting Blakemore in a Nacogdoches, Texas parking lot. Blakemore left the parking lot and drove away with the money before stopping to deposit a portion of it into her bank account. The remainder of the money was found in her vehicle.
Blakemore faces up to 10 years in federal prison and restitution of up to $31,008.00. A sentencing date has not been set.
This case is being investigated by the Texas Health and Human Services Commission, Texas Rangers, Federal Bureau of Investigation, Texas Department of Public Safety and the Nacogdoches County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Former President of the Native Village of Tatitlek arrested for theft of funds from and Indian Tribal OrganizationRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that an Anchorage woman was arrested today on allegations that she misapplied over $200,000 of funds from the Native Village of Tatitlek for her personal use. Charges include that a $20,000 cash withdrawal of Tatitlek funds that she is alleged to have provided to her brother was also improperly misapplied.
On March 21, 2013, Lori “Sue” Johnson, 45 (married name now Lori Clum) of Anchorage, Alaska, was named in a four-count indictment with three counts of Theft from an Indian Tribal Organization. Johnson’s brother, James Kramer, 47, of Valdez, Alaska, was named in one count of the indictment for Theft from an Indian Tribal Organization.
The indictment alleges that Lori Johnson was voted out of office as President of the Native Village of Tatitlek in April 2008, but refused to acknowledge the election ousting her and maintained control over the village bank accounts until April 2009. During this time, it is alleged that she paid herself duplicate paychecks, took significant cash withdrawals, and wrote checks to herself totaling over $200,000. This amount included a $28,750 cash withdrawal she deposited into her personal bank account; a check for $19,500 that she wrote to herself and deposited into her personal bank account; and a $20,000 cash withdrawal that she gave to her brother James Kramer that he used for personal expenses.
The Native Village of Tatitlek receives the majority of its funding from federal sources including the Bureau of Indian Affairs, the U.S. Environmental Protection Agency, and the Department of Health and Human Services..
The FBI, and the U.S. Environmental Protection Agency Office of Inspector General with assistance from the IRS Criminal Investigations Division, conducted the investigation leading to the indictment in this case.
Assistant United States Attorney Aunnie Steward, who presented the case to the grand jury, indicated that the law provides for a maximum sentence of 5 years in prison, a fine of $250,000, or both on each count. Under the federal sentencing statutes, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.Former Murray County Sheriff's Captain Obstructed InvestigationRead the Press Release
ROME, Ga. - Michael Henderson pleaded guilty today to obstructing a pending civil rights investigation by tampering with a witness while employed as a Murray County Sheriff’s Captain.
“Mr. Henderson violated both the law and the public’s trust when he lied to his fellow law enforcement officers and obstructed a civil rights investigation,” said United States Attorney Sally Quillian Yates. “Bottom line, the citizens of Murray County at minimum deserve police officers who obey the laws that they have sworn to enforce.”“The citizens of this State should have every expectation that those who serve do so with integrity and within the bounds of the law,” said Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office. “The conduct of this now former law enforcement officer, as presented in this case, was clearly not within those standards and the FBI will continue to work with its law enforcement partners in ensuring that the public’s trust is well deserved.”
“The State of Georgia will not tolerate criminal activity by those officials with the duty to enforce its laws,” said Vernon Keenan, GBI Director.According to United States Attorney Yates, the charges and other information presented in court, sometime in July 2012, then-Captain Henderson received information that a white Dodge vehicle was being used to carry drugs. He passed this information along to other deputies with the Murray County Sheriff’s Office.
Henderson and separately charged former Deputy Sheriff Joshua L. Greeson participated in a traffic stop of the white Dodge car on August 14, 2012. During the stop, Greeson found methamphetamine in a metal can hidden under the wheel well of the car. After finding the drugs, they arrested the driver and owner/ passenger of the vehicle. Shortly thereafter, the Georgia Bureau of Investigation (GBI) received information that the drugs had been planted on the vehicle by another individual, in an attempt to falsely implicate the car’s owner. As a result, the state drug charges against the owner of the white Dodge were dismissed.
On August 22, 2012, agents from the GBI interviewed Henderson in connection with a civil rights investigation. During the interview, Henderson falsely stated to the GBI agents that he had never told any other members of the Murray County Sheriff’s Office that he had received information that the white Dodge was allegedly carrying drugs. As stated above, Henderson had in fact received information that the white Dodge vehicle carried controlled substances.
On August 31, 2012, Henderson was fired from the Sheriff’s Office.Henderson, 41, of Murray County, Ga. could receive a maximum sentence of 20 years in prison and a fine of up to $250,000. However, in determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Sentencing is scheduled for May 31, 2013, at 1:30 p.m., before United States District Judge Harold L. Murphy.
This case is being investigated by Special Agents of the Federal Bureau of Investigation and the Georgia Bureau of Investigation.
Assistant United States Attorneys Jeffrey W. Davis and Michael Herskowitz are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney's Office for the Northern District of Georgia is www.justice.gov/usao/gan.