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Wednesday 13 March 2013
Fayette County Couple Sentenced to Federal Prison for Selling OxycodoneRead the Press Release
Defendants are 4th and 5th convictions this year in connection with an investigation in Fayette Co.
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Fayette County couple was sentenced to federal prison for selling oxycodone. Gary Stover, 34, of Kincaid, Fayette County, W.Va., was sentenced to three years and one month in federal prison. Stover previously pleaded guilty in November 2012 to distribution of oxycodone. Stover admitted that on March 21, 2012, he sold three 30-milligram oxycodone pills to an individual cooperating with law enforcement authorities. Stover further admitted that he is responsible for distributing a total of approximately 1000 30-milligram pills. Stover’s co-defendant, Jamie L. Foster, 26, was sentenced today to three months in federal prison followed by nine months of home confinement for aiding and abetting the distribution of oxycodone. Foster previously pleaded guilty in October 2012. Foster admitted that on April 16, 2012, she sold two 30-milligram oxycodone pills to an individual cooperating with law enforcement authorities. Foster and Stover shared a residence near Kincaid, Fayette County, at the time the illegal pill transactions occurred.
Stover and Foster are the latest defendants to be sentenced this year in connection with an ongoing drug investigation in Fayette County, W.Va. Earlier this month, Kenneth James Taylor, 32, Page, Fayette County, W.Va., was sentenced to five years in federal prison for distribution of oxycodone. In January, Gerald Wayne Hopkins, 52, of Fayetteville, W.Va., was sentenced to three years’ probation for cocaine distribution. Also in January, Michael Terry Coleman, 48, of Page, Fayette County, W.Va., was sentenced to two years in federal prison for selling oxycodone.
The West Virginia State Police Bureau of Criminal Investigation conducted the investigations. Assistant United States Attorney John File handled the prosecutions. The sentences were imposed by United States District Judge John T. Copenhaver, Jr.
The cases were prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Essex County, N.J., Woman Arrested for Fraud Scheme That Targeted Elderly IndividualsRead the Press Release
NEWARK, N.J. – An Essex County, N.J., woman was arrested this morning for engaging in a credit card fraud and identity theft scheme in which she targeted elderly women, fraudulently obtained their personal information, and used it to open new credit cards or access existing credit cards belonging to these individuals, U.S. Attorney Paul J. Fishman announced.
Terrell Brunson, 39, of Newark, N.J., is charged by Complaint with one count of access device fraud and one count of aggravated identity theft. She appeared today before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was detained.
According to the Complaint:
From April 2012 through February 2013, Brunson engaged in an identity theft and credit card fraud scheme that specifically targeted elderly women. She searched through publically available directories for telephone numbers of individuals who she believed were elderly women based upon their names. One name that Brunson commonly sought out was “Ruth.” Brunson called these individuals and pretended to be someone she was not, such as a representative from a credit card company. She then solicited personal information from these women (Social Security numbers and dates of birth) and then contacted credit card companies and used the information to add herself as an authorized user to the victims’ accounts or to create new accounts.For example, on July 3, 2012, a woman identified as Victim One received
a telephone call from Brunson, purporting to be a representative of MasterCard. Brunson inquired about an alleged $400 transaction that she claimed Victim One had made at a Wal-Mart store. Victim One informed Brunson that the Wal-Mart transaction was fraudulent and provided her Social Security number, date of birth, and mother’s maiden name. Brunson then used Victim One's personal information to open two retail store credit card accounts and to access one of Victim One's current credit card accounts. Brunson then used these accounts to make thousands of dollars’ worth of purchases online and in person at various stores and restaurants in New Jersey.
On Dec. 14, 2007, Brunson was arrested was charged with access device fraud in federal court. While on pretrial release in connection with these charges, Brunson continued the scheme and fraudulently obtained additional identities and access to the credit card accounts of others. Brunson pleaded guilty to a two-count Information and on April 2, 2009, U.S. District Judge Anne E. Thompson sentenced her to 39 months in prison, followed by three years of supervised release. Brunson committed the present offenses while on supervised release.U.S. Attorney Fishman credited special agents of the U.S. Secret Service, under the direction of Special Agent in Charge James Mottola, for the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Nicholas P. Grippo of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and allegations in the Complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
13-114Brunson Complaint
Essex County, N.J., Woman Arrested for Fraud Scheme That Targeted Elderly IndividualsRead the Press Release
NEWARK, N.J. – An Essex County, N.J., woman was arrested this morning for engaging in a credit card fraud and identity theft scheme in which she targeted elderly women, fraudulently obtained their personal information, and used it to open new credit cards or access existing credit cards belonging to these individuals, U.S. Attorney Paul J. Fishman announced.
Terrell Brunson, 39, of Newark, N.J., is charged by Complaint with one count of access device fraud and one count of aggravated identity theft. She appeared today before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was detained.
According to the Complaint:
From April 2012 through February 2013, Brunson engaged in an identity theft and credit card fraud scheme that specifically targeted elderly women. She searched through publically available directories for telephone numbers of individuals who she believed were elderly women based upon their names. One name that Brunson commonly sought out was “Ruth.” Brunson called these individuals and pretended to be someone she was not, such as a representative from a credit card company. She then solicited personal information from these women (Social Security numbers and dates of birth) and then contacted credit card companies and used the information to add herself as an authorized user to the victims’ accounts or to create new accounts.For example, on July 3, 2012, a woman identified as Victim One received
a telephone call from Brunson, purporting to be a representative of MasterCard. Brunson inquired about an alleged $400 transaction that she claimed Victim One had made at a Wal-Mart store. Victim One informed Brunson that the Wal-Mart transaction was fraudulent and provided her Social Security number, date of birth, and mother’s maiden name. Brunson then used Victim One's personal information to open two retail store credit card accounts and to access one of Victim One's current credit card accounts. Brunson then used these accounts to make thousands of dollars’ worth of purchases online and in person at various stores and restaurants in New Jersey.
On Dec. 14, 2007, Brunson was arrested was charged with access device fraud in federal court. While on pretrial release in connection with these charges, Brunson continued the scheme and fraudulently obtained additional identities and access to the credit card accounts of others. Brunson pleaded guilty to a two-count Information and on April 2, 2009, U.S. District Judge Anne E. Thompson sentenced her to 39 months in prison, followed by three years of supervised release. Brunson committed the present offenses while on supervised release.U.S. Attorney Fishman credited special agents of the U.S. Secret Service, under the direction of Special Agent in Charge James Mottola, for the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Nicholas P. Grippo of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and allegations in the Complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
13-114Brunson Complaint
Englewood Woman Pleads Guilty for Failure to Pay over $4.7 Million in Employment TaxesRead the Press Release
DENVER – Beth Ann Pettyjohn, age 60, of Englewood, Colorado, pled guilty Monday, (March 11, 2013) before U.S. District Court Judge William J. Martinez for failure to pay over employment tax, United States Attorney John Walsh and IRS Criminal Investigation Special Agent in Charge Stephen Boyd announced. Pettyjohn waived her right to be indicted by a federal grand jury on January 17, 2013 and was charged by Information. Pettyjohn is schedule to be sentenced by Judge Martinez on September 10, 2013 at 10:00 am.
According to the stipulated facts contained in the plea agreement, as well as the information, Pettyjohn is the co-owner and vice president of Overhead Door Company of Denver (OHD). From September 2003 to June of 2009, Beth Ann Pettyjohn stopped paying over the payroll taxes (income taxes withheld & FICA) OHD withheld from employee wages as well as the matching portion of FICA totaling almost 4.7 million dollars owed to the IRS. Pettyjohn admitted that she knew she had a duty to pay over the amounts withheld from employee wages, but she told an IRS agent she failed to do so because the IRS was not beating down her door. Pettyjohn managed the accounting department at OHD and determined which bills were paid, and then issued and signed the related checks. Pettyjohn has a bachelor's degree in business with a major in accounting, and she has an inactive CPA license issued by the State of Colorado. During the relevant years, the defendant employed both hourly and salaried employees.
During the period in question and for many prior years, Pettyjohn and her husband lived in a home valued at over $1 million dollars. Between 2005 through 2007, Pettyjohn received wages from OHD averaging approximately $133,000 per year. Also, after Mrs. Pettyjohn stopped paying over the payroll taxes at OHD, she purchased pieces of real estate. In August of 2007, Mr. and Mrs. Pettyjohn purchased a condominium in Gypsum, Colorado for $349,900 with a $100,000 down payment. In 2009, Pettyjohn paid $285,000 in cash to purchase her son's condominium in suburban Denver. The condo was resold to an unrelated party a few months later.
“An employer who withholds payroll taxes from her employees, but keeps those tax amounts for herself instead of paying them to the IRS, has committed a theft that hurts both her employees and the taxpayers of the United States,” said U.S. Attorney John Walsh. “In this case, the defendant is well educated, knows the tax laws, and knows that the tax laws applied to her company, like every other. She now faces the criminal consequences of her illegal acts.”
“Employers who commit Employment Tax Fraud by failing to remit employment taxes are not only defrauding the United States government, they are creating financial havoc for their employees,” said Stephen Boyd, Special Agent in Charge, IRS Criminal Investigation, Denver Field Office.
Pettyjohn was charged with one count of failure to pay over tax. She faces not more than 5 years in federal prison, and a fine of up to $250,000.
This case was investigated by IRS-Criminal Investigation and prosecuted by Assistant U.S. Attorney Matt Kirsch.
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East Providence Man Pleads Guilty to Manufacturing, Possessing and Distributing Child PornographyRead the Press Release
PROVIDENCE, R.I. – David Crisostomi, 37, of East Providence, R.I., pleaded guilty in U.S. District Court in Providence on Tuesday to three counts of using a minor to manufacture child pornography, and one count each of possessing and distributing child pornography, announced United States Attorney Peter F. Neronha; Richard Deslauriers, Special Agent in Charge of the FBI’s Boston Field Office; and Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Crisostomi admitted to the court that on at least three occasions he participated in the recording of child pornography with a prepubescent minor. He also admitted to the court that he downloaded and shared child pornography with others.
According to information presented to the court, on January 6, 2012, an undercover agent from the FBI’s Innocent Images Operations Unit observed that a user later identified as David Crisostomi was online and was sharing two folders containing child pornography. Three days later, an undercover agent observed that Crisostomi was online and was now sharing four folders containing child pornography.
On February 16, 2012, agents from the FBI and the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force executed a federal search warrant at Crisostomi’s residence and seized numerous images and videos depicting child pornography, computers and other electronic devices.
Crisostomi has been detained in federal custody since his arrest on February 16, 2012. He is scheduled to be sentenced on May 29, 2013.
At sentencing, Crisostomi faces a minimum statutory sentence of 15 years imprisonment and up to 30 years imprisonment for using a minor to produce child pornography; a minimum statutory sentence of 5 years imprisonment and up to 20 years imprisonment for distribution of child pornography; and up to 10 years imprisonment for possessing child pornography.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.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.”
Contact: 401-709-5357
[email protected]Detroit Man Admits to Selling Prescription Painkillers in CharlestonRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Detroit man pleaded guilty to distribution of oxymorphone, also known as “Opana.” Delbert Lapsley, 48, pleaded guilty in federal court in Charleston. Lapsley admitted to that on August 2, 2011, he illegally sold Opana at or near Charleston.
Lapsley faces up to 20 years in prison and a $1 million fine when he is sentenced on June 12, 2013 by United States District Judge John T. Copenhaver, Jr.
The Drug Enforcement Administration conducted the investigation. Assistant United States Attorney Monica Coleman is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Columbus Man Charged with Fraud Involving Federally Funded Tutoring ProgramRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS – A federal grand jury has indicted Ashkir Ali, 45, of Columbus alleging that he defrauded the U.S. Department of Education’s Supplemental Education Services Program by billing the program for tutoring sessions that were never provided.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Thomas D. Utz, Jr., Special Agent in Charge for the North Central Region of the U.S. Department of Education, Office of Inspector General and Ohio Auditor of State Dave Yost announced the indictment which was unsealed today following Ali’s arrest yesterday at his place of business by an agent with the U.S. Department of Education.
“We must protect the integrity of all federally funded programs, especially those established to provide low-income families with educational services that help improve their lives,” U.S. Attorney Stewart said.
“By stealing from the SES Program, these ‘phantom tutors’ are stealing opportunities from the children who need them most,” Auditor Yost said. “Once again, I’m proud of the work we’ve done with our partners on the federal side to ensure that these education dollars go to children.”
Ali owned WAISS Network Technologies and in 2007 signed the first of four annual contracts with Columbus City Schools to provide tutoring for eligible students through the Supplemental Education Services program funded by the U.S. Department of Education. The contract required WAISS to submit student attendance forms with the names of the students, the hours of tutoring services they received, the dates the services were provided and the names of the tutors providing services. Student attendance forms had to be signed by tutors and the student’s parents.
Allegations surfaced of possible misconduct by providers of the Supplemental Education Services Program in 2011. A special audit of the Columbus City School District began in June 2011 after a request was made by Superintendent Gene Harris. The Ali case is the first prosecution to result from the Auditor of State’s special audit, which is ongoing.
The indictment alleges that Ali submitted more than $50,000 in fraudulent claims. The indictment alleges that Ali submitted forms with forged tutor and parent signatures and submitted written claims for payments which falsely represented the number of tutoring hours WAISS provided.
Ali is charged with two counts of making false statements, each punishable by up to five years in prison, and two counts of aggravated identity theft, each of which is punishable by two years to be served consecutive to any other sentence.
Ali appeared before U.S. Magistrate Judge Norah McCann King on March 12 and was released on his own recognizance. Future court appearances will be scheduled by U.S. District Judge Edmund A. Sargus Jr., who is presiding over the case.
U.S. Attorney Stewart commended the investigation by the U.S. Department of Education Office of Inspector General and State Auditor Yost’s Office, as well as Assistant U.S. Attorney Kenneth Affeldt who is representing the United States in this case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Chelsea Investment Adviser Sentenced to Seven Years for Defrauding Investors Out of MillionsRead the Press Release
BOSTON – A Chelsea investment advisor was sentenced yesterday for mail and wire fraud.
Gary J. Martel, 55, was sentenced by U.S. District Judge F. Dennis Saylor IV to 87 months in prison, followed by three years of supervised release. Martel was also ordered to pay restitution of $3.2 million and a forfeiture order of $3.2 million. In November 2012, Martel pleaded guilty to three counts of mail fraud and wire fraud.Martel held himself out as an investment adviser and offered to invest his clients’ funds in a variety of specific investments, including bonds, mortgage lending pools and stock. In fact, Martel did not invest the client funds as he had represented, but diverted most of the money for his own personal use and created phony account statements which he sent to investors to hide his ongoing fraud. Some of these clients invested their life savings with Martel and lost everything. Martel stole substantial amounts from close friends, trusting clients and even family members. In total, Martel received approximately $5.4 million from investors, paid back only about $2.1 million, and retained proceeds of approximately $3.3 million.
United States Attorney Carmen M. Ortiz; Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kevin Niland, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. The U.S. Attorney’s Office also acknowledges the valuable assistance it received from the U.S. Securities & Exchange Commission, Boston Regional Office; the Massachusetts Securities Division; and the Boston Police Department. The case was prosecuted by Assistant U.S. Attorney Sara Miron Bloom of Ortiz’s Economic Crimes Unit.
Central African Republic National Convicted for Resisting Deportation OrdersRead the Press Release
ALEXANDRIA, La.: United States Attorney Stephanie A. Finley announced today that Seyba Diallo, 46, of the Central African Republic, was found guilty on Tuesday afternoon by a federal jury on two counts of impeding or hampering his deportation from the United States. United States District Judge Dee D. Drell presided over the trial.
Diallo’s trial started Monday and ended Tuesday afternoon with the jury returning the guilty verdict after deliberating for 50 minutes. Based on witness testimony and documents admitted into evidence, it was established that on Nov. 11, 2011 and March 13, 2012, Diallo physically resisted U.S. Immigration Enforcement Agents (IEA) when they attempted to put him on a plane in Rapides Parish to return him to his country of origin. On both dates, IEAs brought him to the Alexandria International Airport and attempted to put him on a commercial flight where he began to yell and physically resist officers, which prevented him from being allowed on the flight due to airline and Transportation Security Administration policies. Diallo’s actions at the airport delayed his removal, but they also led to his deportation documents expiring, which further delayed his removal. Diallo has been in the United States for more than nine years.
“The defendant defied the law and placed additional burdens on our immigration system,” Finley stated. “I want to thank the prosecutor in the case and ICE officials who investigated this case.”
“ICE will continue to dedicate all its resources to prosecuting individuals who unlawfully hamper their removal,” said Scott L. Sutterfield, acting field office director for the Immigration and Customs Enforcement New Orleans Field Office. “This case illustrates our close cooperation with the U.S. Attorney’s Office for the successful prosecution of egregious immigration law violators who pose a threat to public safety and border security.”Diallo faces four years in prison, a $250,000 fine, and one year of supervised release for each count. Sentencing has been set for June 10, 2013.
The Immigration and Customs Enforcement - Enforcement and Removal Operations conducted the investigation. Assistant U.S. Attorney Joseph T. Mickel prosecuted the case.
Boston Man Convicted in Armed RobberyRead the Press Release
BOSTON – A Boston man was convicted today for the armed robbery of a Dorchester Metro PCS retail store in 2011.
Lynch E. Arthur, 40, pleaded guilty before U.S. District Judge Denise J. Casper to armed robbery, using and carrying a firearm during a crime of violence and being a previously convicted felon in possession of firearm.
On the morning of Oct. 31, 2011, two men entered the Metro-PCS retail store on Washington Street in the Codman Square section of Dorchester. One man distracted the store clerk while the other walked around the counter and displayed a semi-automatic handgun. The two then forced the clerk into the back storage room and demanded cash after arming themselves with semi-automatic handguns. One man used duct tape to tie up the store clerk. The two men then removed cash from the cash register and fled the scene. A short time later, two men fitting the descriptions of the robbers were observed running down a nearby street, and were stopped and questioned. The officers observed articles of clothing, reportedly worn by the subjects, on the sidewalk from the direction that the men came from. The officers did a sweep and recovered the firearms used by the robbers, duct tape, and cash consistent with the amount stolen. The individuals were brought back to the store and positively identified by the store clerk.If convicted on these charges, Arthur faces the statutory maximum of life in prison on the charge of carrying a firearm during an armed robbery, 20 years on the armed robbery charge and 10 years on the felon in possession charge, followed by five years of supervised release. Sentencing is scheduled for June 6, 2013.
The co-defendant, Ronald E. Brown, is currently scheduled for trial later this month.
United States Attorney Carmen M. Ortiz; Commissioner Edward Davis of the Boston Police Department; and Eugenio A. Marquez, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Office, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Kenneth G. Shine of Ortiz's Major Crimes Unit.
Body Recovered in Pennsylvania IdentifiedRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced today that the body recovered in Wayne Township, Pennsylvania, on January 16,
2013, has been scientifically identified as that of Skylar Neese. Neese is the Star City, West Virginia, teenager who was reported missing by her parents in July of 2012. The testing of the body was conducted by the laboratory of the Federal Bureau of Investigation.The investigation into the disappearance of Neese and her subsequent death is ongoing.
Berkeley Man Sentenced to Prison for Possessing A Destructive DeviceRead the Press Release
SAN FRANCISCO – Emoru Oboke Obbanya was sentenced March 12, 2013, to 27 months in prison for possessing a destructive device, announced United States Attorney Melinda Haag, Special Agent in Charge Joseph M. Riehl of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Special Agent in Charge David J. Johnson of the Federal Bureau of Investigation, San Francisco Field Office (FBI).
A federal grand jury indicted Obbanya in September 2011 on a charge of possessing a firearm not identified by a serial number, in violation of 26 U.S.C. § 5861(i). In March 2012 the grand jury returned a superseding indictment charging Obbanya with additional crimes. Count one of the superseding indictment charged Obbanya with possession of a firearm in the form of components from which a destructive device may be readily assembled, in violation of 26 U.S.C. § 5861(d). Count four of the superseding indictment carried forward the charge from the original indictment of possessing a firearm not identified by a serial number, in violation of 26 U.S.C. § 5861(i).
In July 2009, Berkeley Police Department served a search warrant at Obbanya’s residence and found in Obbanya’s bedroom a loaded firearm – specifically a flare gun that had been converted into an operable .38 caliber handgun. The firearm bore no serial number and had not been registered, and Obbanya had not applied for or received permission from ATF to make the gun. In addition to the altered firearm, the officers found .38 caliber ammunition, and numerous bomb-making materials in Obbanya’s bedroom
On September 17, 2012, Obbanya entered guilty pleas to counts one and four of the superseding indictment. Specifically, he admitted to possessing explosive components and a converted .38 caliber handgun.
The sentence was handed down by Chief District Court Judge Claudia Wilken. Drew Caputo is the Assistant U.S. Attorney who prosecuted the case. The prosecution is the result of a joint investigation by the ATF and the FBI with the assistance of Berkeley Police Department.
Anderson County Residents Sentenced for Drug TraffickingRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – Three Anderson County, Texas residents have been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Brandon Thomas Maciel, 26, of Palestine, Texas, Valerie Lynn Doyle, 24, of Itasca, Texas, and Jeremy Bice, 35, of Anderson County, Texas pleaded guilty to possession of pseudoephedrine with intent to manufacture methamphetamine in 2012 and were sentenced today by U.S. District Judge Leonard E. Davis. Maciel received a sentence of 87 months in federal prison, Doyle was sentenced to 70 months in federal prison and Bice was sentenced to 37 months in federal prison.
According to information presented in court, on Mar. 3, 2010, Bice purchased 2.4 grams of cold pills containing pseudoephedrine from a Wal-Mart in Palestine, Texas. Oct. 29, 2010, Maciel purchased 2.4 grams of cold pills containing pseudoephedrine at a Walgreens store in Palestine, Texas. Doyle purchased 2.88 grams of cold pills containing pseudoephedrine at the same Walgreens store. Maciel also admitted to making two other purchases of cold pills at a CVS store and a Wal-Mart in Palestine on the same day and on numerous other occasions. The cold pills were purchased to be used in the manufacture of methamphetamine. A federal indictment was returned on Apr. 11, 2012, charging Maciel, Doyle and Bice with federal drug crimes.
An additional co-defendant, Craig Lee Bice, pleaded guilty to the same charges and is awaiting sentencing.
This case was investigated by the Texas Department of Public Safety and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
Albuquerque Man Indicted on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Chad F. Summers, 40, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with child pornography and firearms offenses. The indictment against Summers was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas.
During this morning’s proceedings, Summers entered a not guilty plea to the five-count indictment which charges him with three counts of receiving visual depictions of minors engaged in sexually explicit conduct, one count of possession of a visual depiction of minors engaged in sexually explicit conduct, and one count of being a felon in possession of a firearm. According to the indictment, Summers received child pornography on April 2006 and Dec. 2012, and possessed child pornography in Dec. 2012. Summers also is charged with unlawfully possessing a firearm in Feb. 12, 2013. At the time, Summers was prohibited from possessing firearms and ammunitions because he previously had been convicted of a felony offense, specifically possession of child pornography, in an Oregon state court. The five offenses allegedly occurred in Bernalillo County.
Summers was arrested on Feb. 12, 2013 on a criminal complaint by HSI special agents based on an investigation initiated by the New Mexico State Police (NMSP) in Oct. 2013, that determined that an IP address subscribed to Summers was being used to receive child pornography. According to the criminal complaint, on Feb 12, 2013, law enforcement officers with HSI, NMSP and the Albuquerque Police Department (APD) executed a federal search warrant at Summers’ residence and seized computers and computer-related media which allegedly contained child pornography. Officers also seized a .9 mm pistol during the search of Summers’ residence.
If convicted, Summers faces a maximum penalty of not less than 15 years nor more than 40 years in prison on each of the three receipt of child pornography charges. If convicted on the possession of child pornography charge, Summers faces a maximum penalty of not less than 10 years nor more than 20 years in prison. The sentencing exposure on the child pornography charges is enhanced as a result of Summers’ prior child pornography conviction. The maximum penalty for a conviction on the firearms charge is ten years in prison.
The case was investigated by HSI, the NMSP and APD, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
25 Years for Conroe Woman Convicted on Multiple Child Pornography ChargesRead the Press Release
HOUSTON – Debra Jean Eyerly, 54, formerly Debra Martin-Pryce, has been ordered to prison for 25 years following her convictions for production, transportation and possession of child pornography, United States Attorney Kenneth Magidson announced today. Eyerly pleaded guilty Oct. 25, 2012, to conspiracy to produce, production, transportation and possession of child pornography.
U.S. District Judge Keith P. Ellison, who accepted the guilty pleas, sentenced Eyerly this morning to 300 months on the conspiracy and each of the three convictions of production, as well as 120 months on the transportation and possession charges. All sentences will be served concurrently for a total sentence of 300 months. Following her release from prison, she will serve the rest of her life on supervised release.
The investigation began as a result of several downloads of child pornography over the Internet by FBI officers in Tulsa, Buffalo and Detroit which were traced to a computer used by Matthew Eyerly, whom agents later located in an apartment in Conroe. Also present were Debra Martin-Pryce and a minor child. Debra Martin-Pryce eventually married Matthew Eyerly.
When asked about the minor child in the apartment, Matthew Eyerly stated there would be pictures of the child on the computer. He admitted to digital and oral contact with the genitals of the child and having taken pictures of these acts, which took place at an earlier visit in July 2006 in Conroe. At that time, Debra Eyerly had left him alone with the child in a motel room.
Agents also interviewed Debra Eyerly, who stated she had recently moved to Texas from Pennsylvania to be with Matthew Eyerly. She had admitted to taking photos of the child and sending them to Matthew Eyerly at his request. She had taken the photos at her Pennsylvania residence and sent them to Eyerly over the Internet. She also admitted to leaving the minor child alone with Matthew Eyerly in a hotel room at his request at the earlier Conroe visit.
Both consented to searches of their computers. A forensic exam subsequently revealed images of the child on both computers as well as a camera belonging to Debra Eyerly. Additional images of child pornography downloaded from the Internet and not involving the minor child were also found on both computers.
Matthew Eyerly, 36, was also sentenced to 30 years in federal prison at a hearing last month. He had previously pleaded guilty to conspiracy to produce child pornography and possession of child pornography.
Debra Eyerly has been in custody since her Oct. 28, 2011, arrest where she will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case, prosecuted by Assistant U.S. Attorney Robert Stabe and investigated by the FBI, 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."
19 Blytheville Residents Charged in Multiple Drug Trafficking and Weapons CasesRead the Press Release
Little Rock - Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas and Alcohol, Tobacco, Firearms and Explosives, Special Agent in Charge Marino F. Vidoli announced seven indictments which were unsealed today charging nineteen defendants in Blytheville, Arkansas, with multiple drug and gun charges. All told, the indictments charge the 19 defendants with 91 different counts. Approximately two kilograms of methamphetamine, multiple ounces of crack cocaine, more than 26 pounds of marijuana and 24 guns, including six stolen guns, were seized in the operation.
“As I said in October of 2011, our commitment to eradicating drug trafficking and violent crime has never been stronger,” stated United States Attorney Christopher R. Thyer. “In order to achieve the results we see today, it takes commitment from every law enforcement agency in the region. These large-scale investigations take time and teamwork. These indictments, arrests and seizures of weapons are proof that law enforcement in the Eastern District of Arkansas stands behind their commitment to the citizens of this region.”
“This investigation is a prime example of what happens when agencies work together to make their communities safer,” said Vidoli. “ATF’s commitment to reducing violent crime begins with our relationships with our law enforcement partners.”
The indictments are part of a larger operation, named H.I.T.S. (High Intensity Trafficking Suppression), initiated in response to firearms violence and the trafficking of firearms and narcotics in northeast Arkansas and southeast Missouri. Over the past two years the investigation resulted in over 240 undercover operations and numerous other law enforcement actions.
The main indictment charges eleven defendants in fifty-three separate counts stemming from a large-scale investigation into methamphetamine and narcotics trafficking in Blytheville. The indictment was handed down by a federal grand jury on March 6, 2013. The counts include conspiracy to possess with intent to distribute more than 500 grams of methamphetamine, aiding and abetting distribution of methamphetamine, use of a firearm in furtherance of a drug trafficking crime, felon in possession of a firearm, use of a telephone to facilitate a drug trafficking crime, and obstruction of justice. (See defendant/charge list attached.). If convicted of conspiracy to distribute more than 500 grams of methamphetamine each defendant will face a sentence of not less than 10 years to life imprisonment.
Six other indictments charge eight more defendants with counts including possession with intent to distribute methamphetamine, possession with intent to distribute crack cocaine, use of a firearm in furtherance of a drug trafficking crime, felon in possession of a firearm, and use of a telephone to facilitate a drug trafficking crime.
The ATF operation in Blytheville developed into multiple cases involving law enforcement at the federal, state and local levels. The conspiracy indictment is the largest case to date from that investigation.
Those arrested today will be arraigned in federal court in Little Rock before United States Magistrate Judge Jerome T. Kearney beginning at 10 a.m. on Thursday, March 14, 2013. Detention hearings will be held on Friday, March 15, 2013.
The investigation was conducted by ATF, in partnership with the 2nd Judicial Drug Task Force, which includes officers from the Blytheville Police Department, the Osceola Police Department and the Mississippi County Sheriff’s Office. The Arkansas State Police provided additional assistance with today’s operation. The seven indictments are being prosecuted by Assistant United States Attorneys Chris Givens, Alex Morgan, Kristin Bryant and Cameron McCree.
An indictment contains only allegations. A defendant is presumed innocent unless and until proven guilty.
"Bucket List Bandit" Pleads Guilty to Robbing 11 Banks in 10 StatesRead the Press Release
ERIE, Pa. - A former resident of Pensacola, Fla., who came to be known as the "Bucket List Bandit", pleaded guilty in federal court in Erie, Pa., to charges of bank robbery, United States Attorney David J. Hickton announced today.
Michael Eugene Brewster, 54, pleaded guilty to 11 counts before United States District Judge Sean J. McLaughlin. Brewster pled guilty to one count of bank robbery alleged in an indictment filed in the Western District of Pennsylvania for a bank robbery occurring on Sept. 10, 2012. Brewster also waived indictment and pled guilty to bank robbery charges filed in an Information in the Western District of Pennsylvania, alleging 10 other bank robberies occurring in: Arvada, Colo., on June 21, 2012; Flagstaff, Ariz., on June 27, 2012; Pocatello, Idaho, on July 6, 2012; Roy, Utah, on July 6, 2012; Winston-Salem, N.C., on July 20, 1012; Altamonte Springs, Fla., on July 27, 2012; Chattanooga, Tenn., on Aug. 3, 2012; Bloomington, Ill., on Aug. 17, 2012; Colombia, Mo., on Aug. 29, 2012; and O'Fallon, Mo., on Aug. 30, 2012.
In connection with the guilty plea, the court was advised that between June 21, 2012, and Sept. 10, 2012, Brewster robbed 11 banks across the nation. In the course of the bank robbery spree Brewster used a similar method of operation and entered each bank, without being disguised, wore similar clothes, carried a dark leather notebook, presented demand notes containing similar threatening language to each of the victim tellers, and left the scene driving a 2009 black SUV, which Brewster had stolen in Pensacola, Fla. In his last bank robbery in Erie, Penn., on Sept. 10, 2012, Brewster entered the Huntington National Bank, located at 2185 West 12th Street and presented a demand note, claiming that he had a gun and that the teller had one minute to comply. Brewster then claimed to the teller that he had cancer and did not care what happened. Brewster obtained bank proceeds and fled the area in a black SUV. Bank surveillance images and images from area surveillance cameras clearly depicted Brewster and the vehicle he used. Comparing the Erie Huntington Bank surveillance photographs with those from the 10 other bank robberies that had occurred throughout the United States confirmed that each robbery had been committed by the same person. On Sept. 12, 2012, the FBI received a tip that the bank robber depicted in the surveillance photographs was Brewster. A review of Brewster's Florida driver's license confirmed Brewster's identity as the bank robber. In addition, evidence disclosed that an arrest warrant had been issued for Brewster alleging that he had stolen a black Chevy Captiva SUV in Pensacola, Fla., on June 11, 2012. Once Brewster's identity had been established in the Erie robbery, the FBI and law enforcement partners in the jurisdictions of the other 10 bank robberies confirmed his identity in those cases as well.
According to the information provided to the court about the 10 other bank robberies, Brewster entered the Chase Bank at 5250 Wadsworth Boulevard in Arvada, Colo., on June 21, 2012, the Chase Bank at 1484 South Milton Road in Flagstaff, Ariz., on June 27, 2012; and the Ireland Bank at 486 Yellowstone Avenue in Pocatello, Idaho, on July 6, 2012, and obtained federally insured funds after presented a threatening note demanding money. In Roy, Utah, on July 6, 2012, Brewster entered the Wells Fargo Bank located at 5603 South 1900 West, and obtained money after presenting a threatening demand note claiming that he had only four months to live. In Winston- Salem, N.C., on July 20, 1012, Brewster entered a Bank of America at 1209 Silas Creek Parkway and presented a threatening demand note indicating that he had nothing to lose and threatening to come back after the teller if any silent alarm was activated. Brewster obtained no money from the Wells Fargo Bank. Then, at the Regions Bank at 360 West State Road 436 in Altamonte Springs, Fla., on July 27, 2012, the BB&T bank at 2120 Gunbarrel Road in Chattanooga, Tenn., on Aug. 3, 2012; the PNC bank at 2217 West Market Street in Bloomington, Ill., on Aug. 17, 2012; the Landmark Bank at 202 North Stadium Boulevard in Colombia, Mo., on Aug. 29, 2012; and the Lindell Bank at 4521 Highway K in O'Fallon, Mo., on Aug. 30, 2012, Brewster obtained money after presenting threatening demand notes, including a claim that he was armed with a gun.
Finally, according to information presented to the court, on Sept. 13, 2012, a police officer with the Roland Police Department in Roland, Okla., conducted a traffic stop of a black, 2009, Chevy Captiva vehicle and identified Brewster as the driver and sole occupant. A fake Utah license plate had been affixed to the vehicle. A computer check of Brewster's name revealed Brewster's outstanding arrest warrant in Pensacola, Fla., for allegedly stealing the Chevy Captiva vehicle. Brewster was then taken into custody and was found to be in possession of money from the Erie, Penn., Huntington Bank robbery. Among other items located in the Captiva vehicle was a handgun, money from the Huntington Bank robbery, the clothing worn by Brewster in the bank robberies as depicted in the surveillance photographs, and the leather notebook carried by Brewster into the banks he robbed. Brewster was then arrested on the Erie, Penn., arrest warrant and he was returned to the Western District of Pennsylvania to face federal prosecution.
Judge McLaughlin scheduled sentencing for Aug. 12, 2013, at 10:00 a.m. The law provides for a total sentence of 220 years in prison, a fine of $2,750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation in each of the jurisdictions, the Erie Bureau of Police, the Arvada Police Department, the Flagstaff Police Department, the Pocatello Police Department, the Roy City Police Department, the Winston-Salem Police Department, the Altamonte Springs Police Department, the Chattanooga Police Department, the Bloomington Police Department, the Columbia Police Department, the O'Fallon Police Department and the Roland Police Department conducted the investigation that led to the prosecution of Brewster.
Tuesday 12 March 2013
Yabucoa Resident Arrested for Child PornographyRead the Press Release
SAN JUAN, P.R. – Carlos López-Roldan, 30, was arrested in Caguas on child pornography charges following an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) special agents and officers assigned to the Puerto Rico Crimes Against Children Task Force (PRCACTF) from the Puerto Rico Police Department, announced United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez-Vélez.
The defendant was arrested after an HSI investigation revealed that he allegedly used a video recording device to produce nude images of a 12-year-old girl identified as Jane Doe. The HSI investigation stemmed from a Puerto Rico Police Department (PRPD) referral on Friday afternoon alerting HSI that an individual, later identified as López-Roldan, had allegedly recorded a female minor with a hidden camera in the bathroom of the victim.
López-Roldan had his initial hearing before US Magistrate Judge Bruce McGiverin on Monday March 11, 2013. He was transferred to the Metropolitan Detention Center in Guaynabo, Puerto Rico while he awaits a hearing to determine bail, if any.
“With the recent spate of child exploitation cases, it is apparent that people are missing the message. If you exploit children by taking images of them engaging in sexually explicit conduct, you will be caught and prosecuted,” said United States Attorney for the District of Puerto Rico, Rosa Emilia Rodriguez-Velez.
“This case demonstrates that there are serious consequences for producing illegal images of innocent children being sexually exploited and traumatized,” said Angel Melendez, acting special agent in charge of HSI Tampa. “ICE will continue to work with our state, local and other federal law enforcement partners to vigorously investigate child predators and ensure that they feel the full weight of the law.”
In response to the need for an island-wide approach to fighting the escalation of predatory crimes against children, HSI San Juan partnered with members of local, state and federal law enforcement, as well as local and state government officials and community leaders, to form PRCACTF in June 2011.
Through PRCACTF, local, state and federal law enforcement agencies work together with local and state government agencies to effectively pool their resources to jointly investigate all crimes against children in Puerto Rico. Through the task force, law enforcement officers are encouraged to share evidence, ideas, and investigative and forensic tools to ensure the most successful prosecutions possible. As such, PRCACTF allows law enforcement to speak with one unified voice in defense of the children of Puerto Rico.
This investigation was part of Operation Predator, a nationwide HSI initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders and child sex traffickers. HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-347-2423 or by completing its online tip form. Both are staffed around the clock by investigators.
Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-843-5678.
HSI is a founding member and current chair of the Virtual Global Taskforce, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse.
You may also visit us on Facebook, Twitter and YouTube, or access this news release on your mobile device.
Woman Admits to Selling Prescription Painkillers in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Huntington woman pleaded guilty on March 11 in federal court to distribution of oxycodone. Shena Rena Turner, 26, admitted that on November 19, 2012, she agreed to sell 100 30-milligram oxycodone tablets to a confidential informant working at the direction of the Drug Enforcement Administration (DEA). Turner further admitted that she received a total of 77 30-milligram oxycodone pills from an associate which she distributed to the informant in exchange for $2,800. Turner was arrested by DEA agents on February 4, 2013. Turner admitted that between the summer of 2012 until November 2012, she distributed a total of 300 30-milligram oxycodone pills.
Turner faces up to 20 years in prison and a $1 million fine when she is sentenced on June 10, 2013 by Chief United States District Judge Robert C. Chambers.
The DEA conducted the investigation. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Wichita Man Sentenced for Intrust Bank Branch RobberyRead the Press Release
WICHITA, KAN. – A Wichita man has been sentenced to 46 months in federal prison for robbing an Intrust Bank branch in a grocery store in west Wichita, U.S. Attorney Barry Grissom said today.
David D. Spenst, 46, pleaded guilty to one count of bank robbery. In his plea, he admitted that on Oct. 15, 2012, Spenst robbed the Intrust Bank branch located inside the Dillon’s grocery store at 10222 W. 21st in Wichita. He entered the bank about 5:42 p.m. and asked to speak to someone about a loan. He told an assistant manager he had a gun and a bomb and offered to show the manager the gun. The manager put money from the teller drawers into a manila envelope, which Spent took with him when he left the bank.
After the Wichita Police Department released video from bank surveillance cameras, investigators received information that Spenst was the robber. He was arrested Oct. 17 while he was staying at the Drury Hotel in Wichita. Investigators recovered cash from the robbery, a realistic looking air pistol, a metal aerosol can covered in black tape to resemble a bomb and a T-shirt bearing the words “Cheese Steak” that Spenst wore during the robbery.
Grissom commended the Wichita Police Department, the FB I and Assistant U.S. Attorney Lanny Welch for their work on the case.
Webster Man Sentenced for Enticing a MinorRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Joshua Stewart, 24, of Webster, N.Y., who was convicted of enticing a minor to perform sexual acts, was sentenced to 87 months in prison and 20 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney John J. Field, who handled the case, stated that on two separate occasions in 2010, the defendant used his cell phone to send texts to a 13 year old girl to entice her to have sex with him.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the New York State Police, Troop E, under the direction of Major Mark Koss.
Wayzata Company Agrees to Pay More Than $400,000 for Violating Clean Water ActRead the Press Release
MINNEAPOLIS—A Wayzata-based company has entered into an agreement with the federal government to settle allegations that it violated the Clean Water Act by filling a wetland near the Elk River outside of Sauk Rapids without complying with the terms of a permit issued by the United States Army Corps of Engineers. Under the terms of the agreement, filed in the form of a consent decree on March 5, 2013, DMH Partners North, LLC, agreed to pay a $75,000 civil penalty to the U.S. and to purchase wetland credits valued at approximately $340,000.
In its complaint, the federal government alleged that in August 2008, the Army Corps of Engineers issued DMH a permit under Section 404 of the Clean Water Act in connection with DMH’s commercial development of a 34-acre parcel in Sauk Rapids. That parcel contained approximately 10.2 acres of wetlands protected by the Clean Water Act. The wetland was comprised of sedge meadow, shallow marsh, shrub carr, and hardwood forest plant community types. The wetland abuts a tributary that flows to the Mississippi River via the Elk River.
The permit allowed DMH to discharge fill material into 7.8 acres of the wetland provided certain conditions were met, including purchasing off-site wetland credits intended to mitigate harm to the wetland. In June 2009, the Corps inspected the site and found that DMH had filled wetland on the site, but abandoned it without completing the conditions of the permit, including the purchase of off-site wetland credits. It was later discovered that the site had been sold at a foreclosure auction.
The Corps issued DMH and its officers notices of permit violations in September 2009 and a Clean Water Act Compliance Order in February 2010, demanding DMH rectify the violations. DMH did not comply with either the permit or compliance order.
Assistant U.S. Attorney Ann M. Bildtsen represented the United States in this court action.Wayzata Company Agrees to Pay More Than $400,000 for Violating Clean Water ActRead the Press Release
MINNEAPOLIS—A Wayzata-based company has entered into an agreement with the federal government to settle allegations that it violated the Clean Water Act by filling a wetland near the Elk River outside of Sauk Rapids without complying with the terms of a permit issued by the United States Army Corps of Engineers. Under the terms of the agreement, filed in the form of a consent decree on March 5, 2013, DMH Partners North, LLC, agreed to pay a $75,000 civil penalty to the U.S. and to purchase wetland credits valued at approximately $340,000.
In its complaint, the federal government alleged that in August 2008, the Army Corps of Engineers issued DMH a permit under Section 404 of the Clean Water Act in connection with DMH’s commercial development of a 34-acre parcel in Sauk Rapids. That parcel contained approximately 10.2 acres of wetlands protected by the Clean Water Act. The wetland was comprised of sedge meadow, shallow marsh, shrub carr, and hardwood forest plant community types. The wetland abuts a tributary that flows to the Mississippi River via the Elk River.
The permit allowed DMH to discharge fill material into 7.8 acres of the wetland provided certain conditions were met, including purchasing off-site wetland credits intended to mitigate harm to the wetland. In June 2009, the Corps inspected the site and found that DMH had filled wetland on the site, but abandoned it without completing the conditions of the permit, including the purchase of off-site wetland credits. It was later discovered that the site had been sold at a foreclosure auction.
The Corps issued DMH and its officers notices of permit violations in September 2009 and a Clean Water Act Compliance Order in February 2010, demanding DMH rectify the violations. DMH did not comply with either the permit or compliance order.
Assistant U.S. Attorney Ann M. Bildtsen represented the United States in this court action.Veteran D.C. Defense Attorney Charles F. Daum Sentenced to Serve 63 Months in Prison for Obstruction of JusticeRead the Press Release
Veteran District of Columbia defense attorney Charles F. Daum was sentenced today to serve 63 months in prison on three counts of obstructing justice in a federal drug trafficking case, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; Chief Cathy L. Lanier of the Washington, D.C., Metropolitan Police Department; and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.
Daum, 66, of Arnold, Md., was sentenced before Senior U.S. District Judge Gladys Kessler in the District of Columbia. In addition to Daum’s prison sentence for obstruction of justice, he was sentenced to a concurrent term of 60 months in prison on one count of conspiracy to obstruct justice and two counts of subornation of perjury. Daum was also sentenced to serve one year of supervised release.
“Daum went to extraordinary lengths to purposefully subvert the legal process in his client’s case,” said Acting Assistant Attorney General Raman. “He fabricated evidence and knowingly presented perjured testimony, betraying his profession and our system of justice. Today’s significant prison sentence is appropriate punishment for his crimes.”
“Through a scheme of his own design, Mr. Daum purposefully concocted false evidence and submitted it to the court,” said Assistant Director in Charge Parlave. “Today’s sentence demonstrates our diligence in protecting our judicial system from those individuals who attempt to violate its integrity.”
The charges resulted from Daum’s representation of Delante White, who was indicted in March 2008 by the U.S. Attorney’s Office for the District of Columbia on federal drug trafficking charges following the execution of a search warrant on Feb. 23, 2008, at the home of White’s grandmother. After a six-week bench trial, Judge Kessler found beyond a reasonable doubt that after entering his notice of appearance in the case, Daum devised a plan to obtain and produce false evidence designed to convince the jury that the drugs seized by the police on Feb. 23, 2008, did not belong to White. Daum enlisted the help of co-conspirators Daaiyah and Iman Pasha, whom Daum had hired as investigators, and others to help carry out his scheme. Following Daum’s directions, the co-conspirators obtained duplicates of several items that were seized as evidence during the execution of the search warrant, including a digital scale, a razor blade, plates, an Adidas shoe box and a pair of Gucci boots. Once those items were obtained, Daaiyah and Iman Pasha made arrangements to take staged photographs of White’s brother depicted with the items, while apparently “cutting” “rock cocaine” in order to make it appear as though the seized drugs actually belonged to the brother. Daum later submitted the staged photographs, as well as other fabricated items, as evidence during White’s criminal trial. Judge Kessler also found that Daum solicited and presented the perjured testimony of two witnesses, in order to further obstruct and impede the administration of justice.
Private investigators Daaiyah Pasha, 62, of Washington, D.C., and Iman Pasha, 33, of Springfield, Va., were also sentenced today by Judge Kessler. Daaiyah Pasha was sentenced to serve three months in prison and three years of supervised release. Iman Pasha was sentenced to serve three months probation.
The case was prosecuted by Trial Attorneys Darrin L. McCullough, Donnell Turner and Tritia Yuen of the Criminal Division’s Narcotic and Dangerous Drug Section. The case was investigated by the Washington, D.C., Metropolitan Police Department, the FBI and the U.S. Attorney’s Office for the District of Columbia.
Utica, New York - Two Utica area men arrested on charges of bank robbery.Read the Press Release
United States Attorney Richard S. Hartunian announced today the arrest of two Utica area men on charges of bank robbery.
ZACHARIAH EDWARDS, 21, of Frankfort, surrendered himself to authorities in Utica on March 8. He was transported to Syracuse where he was formally charged with robbery of $3,400 from the M&T Bank, 5170 West Taft Road, Syracuse, New York on March 4, 2013. On Monday, March 11, NICHOLAS FERRONE, 21, of Utica, surrendered himself to authorities in Syracuse. He was brought to federal court and formally charged with robbery of $4,409 from Chase Bank, 4425 East Genesee Street, Dewitt, NY on January 28, 2013.
According to the criminal complaints filed in these cases, EDWARDS and FERRONE are suspected of acting together and robbing the following banks:
Chase Bank, 6004 Court Street, Syracuse, New York on January 14, 2013;
Berkshire Bank, 2080 Western Avenue, Guilderland, New York on January 23, 2013;
Chase Bank, 4425 East Genesee Street, Dewitt, New York on January 28, 2013;
Trustco Bank, 2050 Western Avenue, Guilderland, New York on February 13, 2013;
Bank of America, 638 Memorial Drive, Chicopee, Massachusetts on February 25, 2013; and
M&T Bank, 5170 West Taft Road, Syracuse, New York on March 4, 2013.In addition, the papers filed with the court link FERRONE to a robbery of the Alliance Bank at 142 Genesee Street, Oneida, New York on January 3, 2013.
Both defendants appeared before United States Magistrate Judge David E. Peebles and were ordered held without bail. Detention hearings for both are scheduled for March 13, 2013 at 11:00 am in Syracuse. Bank robbery carries a maximum penalty of twenty years imprisonment and a fine of $250,000 for each count.
The investigation has been a multi-agency effort, including participation by the Dewitt Police Department, the New York State Police, the Guilderland Police Department, the Oneida Police Department, the Onondaga County Sheriff’s Office, Chicopee, Massachusetts Police Department, Schenectady Police Department and the Federal Bureau of Investigation. The case is being prosecuted by AUSA Edward R. Broton.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
Two District Men Plead Guilty to Robbery Charges in Hold-Up at Northwest Washington Apartment Building-Defendants Targeted Victims in the Lobby-Read the Press Release
WASHINGTON – Michael Richardson, 22, and Kendall Lowe, 21, both of Washington, D.C., have pled guilty to charges stemming from a robbery last fall at an apartment building in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced today.
The defendants pled guilty on March 8, 2013 in the Superior Court of the District of Columbia. Richardson pled guilty to robbery and carrying a pistol without a license. Lowe pled guilty to robbery. The Honorable Heidi M. Pasichow scheduled sentencing for May 17, 2013.
According to the government’s evidence, Richardson and Lowe targeted the victims, two men, at about 10:40 p.m. on Oct. 5, 2012 after seeing them in the lobby of an apartment building in the 200 block of Hamilton Street NW. Richardson and Lowe went into the lobby. Then, with Lowe acting as a look-out, Richardson pointed a gun at one of the victims and demanded money, getting $47. Richardson then turned and pointed the gun at the second victim and demanded money. When that man said he had no money, Richardson and Lowe fled the building.
A witness spotted the defendants the following day and called police.
In announcing the pleas, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Debra McPherson and Assistant U.S. Attorney Natalia Medina, who investigated and prosecuted the case.
13-093Three Buffalo Men Arrested; Accused of Possessing and Distributing Cocaine and Crack CocaineRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Mashi Phillips, 38, Isaiah Washington, 27, and Rayshawn Minter, 34, all of Buffalo, are charged with possession with intent to distribute and distribution of cocaine and crack cocaine. Phillips is also charged with conspiracy to distribute cocaine. The charges carry a maximum penalty of 20 years in prison, a $1,000,000 fine or both.
Assistant U.S. Attorney Frank T. Pimintel, who is handling the case, stated that according to the complaints, the defendants distributed quantities of cocaine in parts of the City of Buffalo including French Street and Box and Glenwood Avenues. Between November 2012 and March 2013, the defendants each sold cocaine or crack cocaine.
The complaints are the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
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.Tax Preparer Sentenced to Six Years in Federal PrisonRead the Press Release
March 12, 2013David B. Fein, United States Attorney for the District of Connecticut, announced that THOMAS THORNDIKE, 62, a Woodbury-based tax preparer, was sentenced today by Chief United States District Judge Alvin W. Thompson in Hartford to 72 months of imprisonment, followed by one year of supervised release, for engaging in tax fraud over the course of several years.
According to court documents and statements made in court, THORNDIKE was the founder and owner of Cornerstone Financial Services of Woodbury, LLC (“CFS”), a tax preparation and financial services business. As the owner of CFS, THORNDIKE prepared federal tax returns for individuals and businesses in exchange for payment of a fee. In the course of preparing many of his clients’ tax returns, THORNDIKE improperly reduced the amount of tax due in a variety of ways, including falsely claiming deductions for charitable contributions, and falsely claiming deductions for job expenses.
THORNDIKE also offered clients an opportunity to purchase audit insurance. Purchasers of audit insurance could elect to be represented by THORNDIKE in connection with any Internal Revenue Service audit of their individual federal income tax returns. If clients were audited by the IRS, THORNDIKE would provide them with blank Goodwill receipts as well as instructions as to how they should create a list of charitable donations that would correspond with the donation value THORNDIKE had entered on their returns. He also would direct his clients to create mileage logs that would support deductions he had entered for employment-related travel.
In addition, THORNDIKE prepared tax returns for his two sons that improperly identified cash payments from him to his children as wages. He also claimed hundreds of thousands of dollars in improper business deductions, including, but not limited to, wage expenses for his children, which actually were personal payments to them; more than $8,000 in personal carpentry work; and a $27,983 “sale of business property” loss stemming from THORNDIKE’s selling of an engagement ring after his marriage engagement had broken off.
In December 2008, the IRS notified THORNDIKE that he was the subject of an IRS audit examining his preparation of tax returns for the tax years 2006 and 2007. In connection with the audit, THORNDIKE assisted in the preparation of, and then submitted to the IRS, falsified documents to support the false deductions claimed on tax returns that were subject to the audit.
The IRS has estimated that THORNDIKE’s clients received in excess of $1 million in tax refunds to which they were not entitled.
Judge Thompson ordered THORNDIKE to pay $64,026.69 in back taxes, penalties and interest for tax losses related to his own fraudulent returns. THORNDIKE’s clients are required to resolve their own tax liability with the IRS.
This case has been investigated by the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorneys Christopher Mattei and Eric Glover.
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[email protected]Stiles Unit Inmate Sentenced for Threatening U.S. PresidentRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A 26-year-old Cooper, Texas man has been sentenced to federal prison for making threats against the President of the United States of America in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Joseph Scott Sword, also known as Stretch, pleaded guilty on Dec. 19, 2012, to making threats against the President and was sentenced to 46 months in federal prison today by U.S. District Judge Ron Clark.
According to information presented in court, on May 31, 2011, Sword, who was incarcerated in the Texas Department of Criminal Justice (TDCJ), Stiles Unit, located in Jefferson County, Texas, wrote a letter threatening the President and First Family. Sword stated that he was a member of a violent street gang called the Black P Stone and that he had men on the street watching the President and his family. Sword was indicted by a federal grand jury on July 18, 2012.
Sword must complete the remainder of his state prison sentences of 8 years for burglary and 6 ½ years for robbery before he will be transferred to federal prison to begin serving this 46 month sentence.
This case was investigated by the U.S. Secret Service and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Statement of Manhattan U.S. Attorney Preet Bharara on the Conviction of New York City Police Officer Gilberto ValleRead the Press Release
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“Today, a unanimous jury found that Gilberto Valle’s detailed and specific plans to abduct women for the purpose of committing grotesque crimes were very real, and that he was guilty as charged. The Internet is a forum for the free exchange of ideas, but it does not confer immunity for plotting crimes and taking steps to carry out those crimes. I want to thank the jury for their time, their diligence, and their willingness to serve on a case of this nature, and I want to thank the dedicated prosecutors from my office who did such an outstanding job investigating and prosecuting this disturbing case.”
Gilberto Valle Verdict Statement - U.S. Attorney Preet Bharara Audio 3.12.13 (mp3)
Gilberto Valle Verdict Statement - U.S. Attorney Preet Bharara Audio 3.12.13 (wav)South America-Based Cocaine Trafficker Sentenced in Manhattan Federal Court to 12 Years in Prison on International Cocaine Conspiracy ChargesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that MARCEL ACEVEDO SARMIENTO was sentenced today in Manhattan federal court to 12 years in prison for conspiring to import cocaine into the United States. ACEVEDO, whose prosecution was part of “Operation Relentless,” the historic, joint undercover operation undertaken by the United States and the Government of Liberia, pled guilty in April 2012. He was sentenced today by U.S. District Judge Jed. S. Rakoff.
Manhattan U.S. Attorney Preet Bharara said: “With today’s sentencing of Marcel Acevedo Sarmiento for his role in an international cocaine distribution conspiracy, we continue to bear the fruits of our unprecedented partnership with the Government of Liberia. International cooperation is essential to our efforts to stamp out the drug trade, and there can be no better example of the results that can be achieved when we work together than this case.”
According to the Indictment, documents previously filed in Manhattan federal court, and other information in the public record:
During the last decade, drug trafficking organizations based in South America have increasingly used countries along or near the West African coast as trans-shipment hubs for importing massive quantities of cocaine to be later distributed in Europe or elsewhere within Africa. Through a combination of privately owned aircraft and maritime vessels, these organizations, predominantly based in Colombia and Venezuela, have transported hundreds of tons of cocaine, worth billions of dollars, to West African countries including Liberia.
ACEVEDO, a cocaine supplier based in Colombia and Venezuela, had the capacity to transport thousand-kilogram loads of cocaine from South America to various locations in West Africa, for later distribution within Africa, Europe, and elsewhere. The conspiracy in which he participated involved a 4,000 kilogram shipment of cocaine, with a retail value of over $100 million, which was to be flown from Venezuela to Monrovia, Liberia.
ACEVEDO, 48, a citizen of Colombia, also coordinated efforts to arrange a cocaine shipment of over 2,000 kilograms by aircraft from Venezuela to Liberia, during recorded telephone conversations with a confidential source (“the CS”) working for the Drug Enforcement Administration (“DEA”). ACEVEDO confirmed to the CS that the cocaine shipment had been protected by the Fuerzas Armadas Revolucionarias de Colombia, an international terrorist group dedicated to the violent overthrow of the democratically elected Government of Colombia.
On May 29, 2010, ACEVEDO indicated that Venezuelan authorities had seized a plane he owned worth $35 million, as well as the cocaine on board the plane, and had directed him to leave the country. He informed the CS of the seizure and then invited the CS to participate in a new cocaine shipment from Bolivia, understanding that the CS would import the CS’s 500-kilogram share of the shipment into New York.
None of the three cocaine shipments that ACEVEDO conspired to transport to Liberia actually occurred.
Mr. Bharara praised the work of the Special Operations Division of the DEA, the DEA Lagos Country Office, the U.S. Department of Justice Office of International Affairs, and the U.S. State Department. He also thanked the U.S. Embassy in Liberia and the Republic of Liberia and its National Security Agency for their efforts.
This prosecution is being handled by the Office's Terrorism and International Narcotics Unit. Assistant United States Attorneys Randall Jackson and Jenna M. Dabbs are in charge of the prosecution.
Shiprock, N.M., Man Pleads Guilty to Federal Assault and Firearms ChargesRead the Press Release
ALBUQUERQUE – Raydell Billy, 22, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning to assault and firearms charges under a plea agreement with the U.S. Attorney’s Office.
Billy was arrested on Jan. 16, 2013, on a criminal complaint charging him with assault and firearms offenses. On Feb. 6, 2013, Billy was indicted and charged with two counts of being a felon in possession of a firearm, assault with a dangerous weapon; and using a firearm during a crime of violence. Billy was charged with committing these offenses on the Navajo Indian Reservation in San Juan County, N.M., on Nov. 15, 2012 and Jan. 12, 2013.
Today, Billy pled guilty to a criminal information charging him with assault with a dangerous weapon and using a firearm in furtherance of a crime of violence. In entering his guilty plea, Billy admitted that on Jan. 12, 2013, he assaulted a family member with a .22 caliber Winchester rifle by pointing the rifle at the victim and pulling the trigger. Billy also admitted hitting the victim in the head with the butt-stock of the rifle.
Billy has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Billy faces a maximum penalty of ten years in prison for the assault with a dangerous weapon charge. He also faces a mandatory five year in prison term on the firearms charge that must be served consecutive to any prison sentence imposed on the assault charge.
The case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety, and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Shiloh Man Sentenced to over 12 Years in Prison for Receipt of Child PornographyRead the Press Release
Sidney Davis, 38, of Shiloh, Illinois, was sentenced today in the United States District Court to 151 months (12 years and 7 months) in prison for Receipt of Child Pornography, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced. Following his prison sentence, Davis will be on federal supervised release for 15 years and will also be required to register as a sex offender for the remainder of his life. Davis has been in custody since April 5, 2012.
“Anytime a person who preys on innocent children is made to pay for his crimes, society is made safer and justice is done.” said United States Attorney Wigginton. “Anyone who says these crimes are nothing more than perverts looking at images in their homes has no idea of the misery the child victims of this trade are made to suffer.”
Court documents establish that in January 2012, during an undercover investigation, agents from the Illinois Attorney General High Tech Crimes Bureau were able to download child pornography from Davis’ computer using a peer-to-peer network site. Based on this information, the agents obtained a search warrant from Davis’ apartment. During a forensic examination of Davis’ computers, agents recovered numerous video and image files containing child pornography that Davis had downloaded from the Internet.
This case is part of Project Safe Childhood, a nationwide initiative launched in 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.”
The investigation was conducted by the Illinois Attorney General High Tech Crimes Bureau. The case was prosecuted by Assistant United States Attorney Ali Summers.
School Principal Charged with Possession of Child PornRead the Press Release
A one-count information was filed today against Troy Czukoski, 42, of Exton, PA, charging that on October 18, 2012, he possessed more than 150 but less than 300 images of children engaging in sexually explicit conduct, announced United States Attorney Zane David Memeger. At the time of the investigation, Czukoski was serving as Principal of the Springton Lake Middle School in the Rose Tree Media School District in Delaware County.
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, 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.
If convicted the defendant faces a maximum possible sentence of 10 years incarceration, which includes a mandatory five year term up to a lifetime of supervised release, a $250,000 fine and a $100 special assessment.
The case was investigated by the United States Postal Inspection Service and is being prosecuted by Assistant United States Attorney Michelle Rotella.
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UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
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PATTY HARTMAN, Media Contact, 215-861-8525Russell County Drug Court Graduates ThreeRead the Press Release
LEBANON, VIRGINIA -- United States Attorney Timothy J. Heaphy addressed drug court program graduates today at a 29th Judicial Circuit ceremony in Lebanon, Va. With the Honorable Michael L. Moore presiding, three graduates celebrated sobriety and completion of the minimum 12-month month-long program of intensive supervision involving curfews, random drug screens, performing community service, attending several treatment and support groups each week and weekly court appearances. Members of the General Assembly in attendance also addressed the graduates, who spoke of the challenges they face in conquering addiction.
“The Department of Justice invests heavily in the drug court model across the country, but particularly here in Virginia,” United States Attorney Timothy J. Heaphy said today. “The Department’s Bureau of Justice Assistance awarded only nine drug court grant applications in 2012, totaling over $5 million. Virginia received $1.5 million of the total funding to support these critical, evidence-based crime preventing tools.”
“Many Virginia communities have embraced drug treatment courts. These specialized programs that are run and staffed by caring professionals can work,” said Secretary Decker. “They can foster change in the lives of those who are addicted to drugs and assist these offenders to turn their lives around and become productive members of society. Drug courts work when everyone involved is committed to their success. Offenders, families, friends, employers, communities and all of the professional and volunteer staff involved must be dedicated to working toward a positive outcome for the participants. Russell County is a shining example of a new drug treatment court that has a great prospect for success.”
Commonwealth's Attorney Brian Patton stated, "the Russell County Adult Drug Treatment Court is making a positive difference in all of the participants' lives, and this means our community is getting stronger and more resistant to the prescription drug epidemic that is plaguing our county.”
The Russell County Drug Court program began in 2010. A Drug Court Team comprised of Judge Moore, the Commonwealth’s Attorney for Russell County, defense attorneys, probation officials, the Sheriff, Chief of Police and Cumberland Mountain Community Services serve as a support mechanism and administrative oversight.
Drug treatment courts are an alternative to traditional court adjudication of drug offenders. By requiring selected defendants to undergo extensive counseling, alcohol and drug treatment, and random testing, cemented by rigorous accountability standards, Drug Courts treat the root causes of a select group of non-violent, criminal justice involved citizens: addicts.
Drug Courts are proven to reduce recidivism, promote public safety, and lower costs for taxpayers. A recent National Center for Drug Courts study on Virginia’s system concluded that the average savings per offender is over $19,000.
“The effectiveness of adult Drug Courts is not a matter of conjecture. It is the result of more than two decades of exhaustive scientific research.” (National Association of Drug Court Professionals, Research Update on Adult Drug Courts, December 2010, Douglas B. Marlowe, Chief of Science, Law and Policy)
The Virginia General Assembly adopted the Drug Treatment Court Act in 2004. The Virginia Supreme Court has administrative oversight for drug courts. There are currently 36 operating drug courts in the Commonwealth.
Removed Alien Charged with Illegally Re-Entering United StatesRead the Press Release
PITTSBURGH, Pa. - A citizen of Mexico has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal immigration laws, United States Attorney David J. Hickton announced today.
The one-count indictment named Miguel Angel Cerna, 41, of Mexico, as the sole defendant.
According to the indictment, on or about Nov. 11, 2012, Cerna was found in Butler County, Pa., after having unlawfully re-entered the United States following removal on or about Feb. 13, 1991.
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Margaret E. Picking is prosecuting this case on behalf of the government.
United States Immigration and Customs Enforcement (ICE) conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Rayne Man Pleads Guilty to Wire FraudRead the Press Release
LAFAYETTE, La: United States Attorney Stephanie A. Finley announced that Deynoodt Joseph Besse, 53, of Rayne, La., pleaded guilty Monday before U.S. District Court Judge Richard T. Haik to one count of wire fraud.
Besse worked for Rayne tire company Interco’s sales department from Aug. 1, 1997 to Aug. 3, 2010. On Jan. 29, 2003, he created a separate company called INT Sales. According the indictment, Besse used his Interco sales position to divert tire sales to his INT Sales account. He would arrange for the tire sales as an Interco sales associate and then take customers’ account information. Besse would process the account information through a point of sale device, and the transactions were then credited to a bank account associated with INT Sales. The government alleges that Besse fraudulently obtained $143,872.88 using the scheme.
Besse faces a maximum penalty of 20 years in prison, a $250,000 fine or both, and three years of supervised release for the count of wire fraud. A sentencing date has not been set.
The FBI conducted the investigation. Assistant U.S. Attorneys Daniel J. McCoy and Myers P. Namie are prosecuting the case.Rapid City Man Pleads Guilty to Escape ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Floyd Bullman, age 40, of Rapid City, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on March 8, 2013 and pled guilty to a charge of Escape. The maximum penalty upon conviction is 5 years’ imprisonment and/or a $250,000 fine.
On November 5, 2012, Bullman failed to return to Community Alternatives of the Black Hills, where he was serving part of a federal sentence. The investigation was conducted by the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
A presentence investigation was ordered and a sentencing date was set for July 8, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Radio Equipment Seized from Pirate Radio StationRead the Press Release
BOSTON – A warrant recently unsealed in U.S. District Court details the seizure of radio transmission equipment of a pirate radio station broadcasting from Brockton.
The seizure, by federal officials on March 1, 2013, occurred at the station’s last known address on Rutland Street in Brockton. The pirate radio station is alleged to have been using frequency 91.7 MHz without a license from the Federal Communications Commission (FCC). A civil action was brought seeking forfeiture of the equipment because it was allegedly used in violation of federal law.
According to an affidavit filed with the civil complaint, the unlicensed FM radio station was causing interference to Federal Aviation Administration (FAA) frequency 120.6 MHz, which is one of the primary frequencies used by pilots to communicate with FAA controllers when flying in the Boston metropolitan area. The FCC issued verbal and written warnings to the residents of 9 Rutland Street on several occasions, but the radio station continued to broadcast.
The Communications Act of 1934 prohibits the operation of radio broadcasting equipment above certain low-intensity thresholds without a license issued by the FCC. The Act authorizes the seizure and forfeiture of any electronic or radio frequency equipment used to broadcast without an FCC license. The number of available radio frequencies is limited, and unlicensed broadcasting can interfere with the broadcasting of legitimate licensed radio stations, potentially causing chaos in the radio spectrum.
“The U.S. Attorney’s Office will work in conjunction with the FCC to identify and seize equipment from pirate broadcasters,” said United States Attorney Carmen M. Ortiz. “It is hazardous to public safety for pirate radio stations to broadcast illegally, potentially interfering with critical radio communications.”
“The FCC remains vigilant about keeping the airwaves free of interference so consumers retain unobstructed access to over-the-air programs and information,” said Michele Ellison, Chief of the FCC’s Enforcement Bureau. “We will continue, with the assistance of the U.S. Attorney’s Office, to seize equipment from pirate broadcasters who potentially endanger public safety and cause interference to the programming of licensed broadcasters. This enforcement action reflects our continued commitment to that important objective.”
U.S. Attorney Ortiz and Chief Ellison made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Christine Wichers of Ortiz’s Civil Division.
Porcupine Man Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Quentine L. Lone Elk, age 46, of Porcupine, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 8, 2013 and pled guilty to Assault by Striking, Beating, or Wounding. The maximum penalty upon conviction is 6 months of imprisonment and a $5,000 fine.
The charge relates to Lone Elk assaulting another man at Porcupine on October 22, 2011. 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 Eric Kelderman.
A presentence investigation was ordered and a sentencing date was set for May 3, 2013. The defendant was released on bond pending sentencing.
Pine Ridge Man Pleads Guilty to LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that Charles Pulliam, age 18, of Pine Ridge, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on March 7, 2013 and pled guilty to Larceny. The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.
The charge stems from Pulliam stealing a 2001 Pontiac from another individual at Pine Ridge between December 24 and 25, 2012. 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 was set for July 5, 2013. The defendant was remanded to the custody of the U.S Marshal pending sentencing.
Pine Ridge Man Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Kevin Ray Apple, age 38, of Pine Ridge, South Dakota appeared before U.S. Chief District Judge Jeffrey L. Viken on March 8, 2013 and pled guilty to Assaulting a Federal Officer. The maximum penalty upon conviction is 20 years of imprisonment and a $250,000 fine.
The charge relates to Apple assaulting an Oglala Sioux Tribal Officer with a vehicle during a traffic stop at Pine Ridge on May 21, 2012. 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 Eric Kelderman.
A presentence investigation was ordered and a sentencing date was set for June 11, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Owner of Non-Profit “Club” Charged with Illegal Distribution of Prescription NarcoticsRead the Press Release
The owner of a South Seattle non-profit “club” that hosted Alcoholics Anonymous meetings was arrested last night for illegal distribution of oxycodone, announced U.S. Attorney Jenny A. Durkan. The investigation, initiated by the Seattle Police Department, revealed that the Nomadian Community Resource Center (NCRC) on South Orcas Street in Seattle was a hub for prescription drug dealing. MICHAEL MARTIN SHEPARD, 64, was arrested last night and will appear this afternoon at 2:30 in U.S. District Court in Seattle.
According to the criminal complaint filed in the case, in November 2012, a concerned citizen reported to Seattle Police that illegal drug sales were occurring in the Nomadian Community Resource Center. The complaint alleges that SHEPARD would only deal drugs to those who became a “member” of the NCRC in an attempt to evade detection by law enforcement. On five different occasions in January and February 2013, SHEPARD sold prescription drugs to a person working with law enforcement. Some of the sales occurred while being monitored or personally witnessed by undercover officers from the Seattle Police Department and Drug Enforcement Administration. The sales occurred both before and after the NCRC hosted sanctioned AA meetings for addicts and alcoholics. Further investigation revealed that SHEPARD was obtaining the pills, in some instances, by purchasing prescriptions from those who had been prescribed the medication.
SHEPARD was taken into custody without incident by the Seattle Police Department and DEA. Numerous prescription narcotics and two firearms were seized at the NCRC.
Distribution of Oxycodone is punishable by up to 20 years imprisonment and a $1 million fine. The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the Seattle Police Department and Drug Enforcement Administration (DEA). The case is being prosecuted by Executive Assistant United States Attorney Thomas Bates.
Oglala Man Pleads Guilty to Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Tristan Yellow Horse, 27, of Oglala, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on March 8, 2013 and pled guilty to a charge of Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine.
On February 7, 2011 Yellow Horse was at the victim’s house in Oglala and was asked to leave. While being walked to the door, Yellow Horse punched the victim in the face and knocked him to the ground, causing a dislocated shoulder and extreme pain. The investigation was conducted by the Oglala Sioux Tribe Department of Public Safety and the Bureau of Indian Affairs Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.
A presentence investigation was ordered and a sentencing date was set for July 8, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
New York Man Charged with Passing Counterfeit MoneyRead the Press Release
ERIE, Pa. - A former resident of Binghamton, New York, has been indicted by a federal grand jury in Erie on a charge of violating federal counterfeiting laws, United States Attorney David J. Hickton announced today.
The one-count indictment named Larry Patterson, 58, as the sole defendant.
According to the indictment presented to the court, Patterson passed counterfeit federal reserve notes to another individual who then distributed them to various individuals to pass.
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The United States Secret Service and the Pennsylvania State Police conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Mescalero Apache Man Facing Federal Sexual Assault ChargeRead the Press Release
ALBUQUERQUE – Elroy Duffy, 51, a member and resident of the Mescalero Apache Nation, was arrested on March 7, 2013, on a criminal complaint charging him with sexual assault. Duffy entered a not guilty plea to the complaint yesterday, and this morning a U.S. Magistrate Judge in Las Cruces ordered Duffy detained pending trial.
According to the criminal complaint, Duffy allegedly sexually assaulted a Mescalero Apache woman on Oct. 14, 2012, in a residence located within the Mescalero Apache Reservation. The victim required medical care for the injuries she allegedly sustained as a result of the assault.
Court records reflect that Duffy was in tribal custody from Oct. 18, 2012 until his arrest on federal charges.
If convicted, Duffy faces a maximum sentence of life in prison and will be required to register as a sex offender. Charges in criminal complaints are merely accusations and Duffy is presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Mescalero Agency, and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Maryland Man Sentenced to 14 Years in Prison on Federal Charges of Transportation and Possession of Child PornographyRead the Press Release
WASHINGTON – A 37-year-old man from Silver Spring, Md., was sentenced today to 14 years in prison after earlier pleading guilty to federal charges of transportation and possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
The defendant, who is not identified here to protect the privacy of the victim, pled guilty in December 2012 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Rosemary M. Collyer. Upon completion of his prison term, the defendant must register as a sex offender for 25 years. He also will be placed on 10 years of supervised release.
According to the government's evidence, in August 2010, an underage girl reported to the Montgomery County, Md., Police Department that the defendant had been sexually abusing her for three years, in Maryland and in another state. The girl also told authorities that, using his cellphone, the defendant videotaped the abuse. Further investigation revealed that the defendant transported the videotaped images of the sexual contact with the girl.
A subsequent search warrant of the defendant’s residence revealed that he possessed numerous still images and videos in several electronic devices including cameras, cellular phones and computers. Those images depict him engaging in sexual contact with the girl.
This case was initiated by the Montgomery County Police Department and referred to the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. Project Safe Childhood is 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 U.S. 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 those who exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Lanier praised the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended Montgomery County Police Department Sgt. Errol Birch and Detective Kristie Taylor for their work on the investigation, as well as Assistant U.S. Attorney Julieanne Himelstein, who prosecuted the case.
13-096Man Charged with Assaulting A U.S. MarshalRead the Press Release
ERIE, Pa. - A former resident of Philadelphia, Pennsylvania has been indicted by a federal grand jury in Erie on a charge of assaulting a federal officer, United States Attorney David J. Hickton announced today.
The one-count indictment named Ryan Bell, 44, as the sole defendant.
According to the indictment, on January 15, 2013, Bell assaulted a Special Deputy United States Marshal, a member of the U.S. Marshals Western Pennsylvania Task Force, who was engaged in official duties at the time of the assault.
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The United States Marshal's Service conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Louis Shane Kanyid, Ann Joy Wetzel, Joseph Allen Wetzel, and Joelle Marie Jones Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on March 11, 2013, before U.S. District Judge Sam E. Haddon, ANN JOY WETZEL, age 55, JOSEPH ALLEN WETZEL, age 52, residents of Great Falls, and LOUIS SHANE KANYID, age 30, and JOELLE MARIE JONES, age 34, residents of Kennewick, Washington, appeared for sentencing.
ANN WETZEL was sentenced in connection with her guilty plea to possession with intent to distribute methamphetamine to a term of:
Prison: 52 months
Special Assessment: $100
Supervised Release: 4 years
JOSEPH WETZEL was sentenced in connection with his guilty plea to possession with intent to distribute methamphetamine to a term of:
Prison: 66 months
Special Assessment: $100
Supervised Release: 4 years
JONES was sentenced in connection with her guilty plea to aiding and abetting the crime of possession with intent to distribute methamphetamine to a term of:
Prison: 44 months
Special Assessment: $100
Supervised Release: 4 years
KANYID was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine to a term of:
Prison: 240 months
Special Assessment: $100
Supervised Release: 5 years
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
In July 2012, detectives from the Great Falls Police Department were alerted to a potential methamphetamine distribution ring in Great Falls. Detectives believed the methamphetamine was being brought to Montana from somewhere near Spokane, Washington.
On September 6, 2012, police received information from an anonymous caller, who stated Linda Reynolds was dealing methamphetamine out of her apartment in Great Falls. Based on this information, police executed a search warrant at Reynolds' apartment. Law enforcement learned Reynolds obtained methamphetamine from JOE and ANN WETZEL, as well as Mark Kness.
According to Reynolds, Kness brought his drug dealer, KANYID, to Reynolds' apartment in the winter of 2012. KANYID regularly went by "Washington" in Great Falls, because he traveled from the state of Washington. Reynolds observed methamphetamine deals between Kness and KANYID, and Kness would brag about how the methamphetamine was of great quality. Kness also introduced JOE and ANN WETZEL to KANYID in the summer of 2012. Kness routinely met with KANYID to obtain methamphetamine. He then sold the methamphetamine to JOE and ANN WETZEL, as well as other people throughout Great Falls.
JOE WETZEL stated he had only recently began dealing methamphetamine and had received three-and-a-half ounces of methamphetamine from KANYID But JOE WETZEL also added he had received an average of three grams of methamphetamine a week since January 2012 from Kness. JOE WETZEL possessed over five grams of actual (pure) methamphetamine during this time.
On September 11, 2012, KANYID and Kness met at the WETZELS' home. KANYID provided JOE and ANN WETZEL with an ounce of methamphetamine for $1,700. Law enforcement arrested KANYID shortly after this deal.
Law enforcement then found KANYID was staying at a motel in Great Falls. Upon arrival at the motel, officers learned KANYID was sharing a room with JONES and their 18-month-old son. The officers observed JONES, with her infant son, attempting to leave the motel while carrying two bags. Law enforcement spoke with JONES and she stated she had received a call from a man approximately 15 minutes before officers arrived at the motel. The man told JONES to remove the bags from the motel room and place them in the trunk of the car, as well as erase all messages on her phone. JONES undertook these tasks until she was stopped by the officer in the motel lobby.
A search of KANYID and JONES' motel room and these bags revealed cash, cocaine, and methamphetamine, as well as a safe which contained a handgun and ammunition. Law enforcement seized over 50 grams of actual (pure) methamphetamine in their investigation.
Law enforcement contacted ANN WETZEL when she brought methamphetamine to Reynolds' house. At that time, ANN WETZEL had 26.7 grams of actual (pure) methamphetamine in her possession. She told police she purchased methamphetamine from Kness and KANYID on numerous occasions and also sold methamphetamine.
Reynolds and Kness pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Russell County Drug Task Force.
Local Pharmacist Sentenced to 10 Years in Federal Prison for Filling Hundreds of Fraudulent Oxycodone PrescriptionsRead the Press Release
Tampa, Florida - U.S. District Judge James D. Whittemore sentenced Emmanuel I. Mekowulu (56, Tampa) yesterday to 10 years in federal prison for conspiring with other persons to knowingly and intentionally distribute and dispense, and cause the distribution and dispensing of Oxycodone outside of a legitimate medical purpose and not in the usual course of professional practice. The court also ordered Mekowulu to forfeit his Florida pharmacist license, and the pharmacy license he held for the Felky Pharmacy, both of which he used to facilitate the offense. As part of his sentence, the court also entered a money judgment in the amount of $97,290, representing the proceeds of the crime. Mekowulu was found guilty by a federal jury on December 11, 2012.
According to testimony and evidence presented at trial, from June 2008 through March 2009, Mekowulu was a pharmacist and the owner of Felky Pharmacy located on North Florida Avenue, in Tampa. During that same time period, Troy Wubbena was a physician's assistant and owner and operator of the Neurology & Pain Center clinics located in Tampa, Lakeland, Sarasota, Orlando, and Jacksonville. Brett Ridenour was an employee of the clinics. Together, and with others, the conspirators used hundreds of blank prescriptions that were pre-signed and filled by Dr. Jeffrey Friedlander (co-owner of the clinic) for large quantities of Oxycodone.
The prescriptions included the names of more than 60 persons, many of them patients and employees of the clinics who did not need or receive the Oxycodone and were unaware that the prescriptions were written in their names. The illegal prescriptions were filled at Felky Pharmacy. Over the nearly 10 month period, Wubbena and Ridenour presented more than 340 fraudulent prescriptions to Mekowulu. Mekowulu filled the prescriptions without verification or questioning their validity. Through this scheme, nearly 50,000 pills of Oxycodone were later sold in the Tampa Bay area.
Wubbena, Ridenour, and Friedlander previously pleaded guilty to federal charges for their roles in the conspiracy. Wubbena was sentenced to serve 10 years in federal prison. Ridenour was sentenced to serve 5 years in federal prison, and Friedlander was sentenced to 9 years in federal prison.
This case was investigated by and the United States Department of Health & Human Services, Office of Inspector General, the Federal Bureau of Investigation, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Kathy J. M. Peluso.