Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
25 April 2013
Virginia Charter Boat Captains Sentenced for Felony Illegal Harvest of Striped BassRead the Press Release
ALEXANDRIA, Va. – Jeffery S. Adams, 41, of Hudgins, Va., was sentenced today to 180 days home confinement with electronic monitoring, followed by three years of probation for violating the Lacey Act by trafficking in illegally-harvested striped bass. Adams’ corporation, Adams Fishing Adventures, Inc., was sentenced to three years of probation. One of the conditions of their probation is the requirement to acquire and maintain Vessel Monitoring Units on all vessels owned or operated by them.
David Dwayne Scott, 41, of Lusby, Md., was also sentenced today for trafficking in illegally-harvested striped bass, in violation of the Lacey Act. Scott was sentenced to three years of probation, a $5,600 fine payable to the Lacey Act Reward Account, and ordered to pay $1,900 restitution to NOAA. One of the conditions of his probation is the requirement that he cannot engage in either charter or commercial fishing industry anywhere in the world, in any capacity to include captaining or mating on a vessel or performing any services in support of a charter or commercial fisherman.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and Logan Gregory, Special Agent in Charge for NOAA’s Office of Law Enforcement’s Northeast Division, made the announcement after sentencing by United States District Judge Mark S. Davis.
On January 19, 2013, Adams and Adams Fishing Adventures pled guilty to violation of the Lacey Act in the United States District Court in Norfolk, Va. The Lacey Act, among other things, makes it unlawful for any person to transport, sell, receive, acquire or purchase any fish or wildlife taken, possessed, transported or sold in violation of any law or regulation of the United States.
According to the plea agreement, Adams and Adams Fishing Adventures, Inc., admitted that they sold a chartered Striped Bass fishing trip on January 19, 2010, for $800. As part of that trip, Adams knowingly took his charter clients into the Exclusive Economic Zone (EEZ) to harvest striped bass, even though Adams knew that it was a violation of federal law to harvest striped bass inside the EEZ. Adams’ clients illegally harvested 10 striped bass within the EEZ and Adams transported the illegally harvested striped bass back to Rudee Inlet in Virginia Beach, Va. According to other documents filed in connection with the sentencing, Adams and Adams Fishing Adventures, Inc., routinely harvested striped bass illegally from within the EEZ from 2007 to 2013. Since 1990, federal law has made it unlawful to fish, catch, or possess striped bass in the Exclusive Economic Zone (EEZ). The laws were passed in response to a decline in the striped bass populations in the late 1970’s and are designed to protect and preserve striped bass for future generations.
In a statement of facts filed with Scott’s plea agreement, Scott admitted that on February 7, 2009, he took a charter fishing trip into the Exclusive Economic Zone (EEZ) to fish for striped bass and when approached by law enforcement, 19 striped bass were dumped overboard in an attempt to avoid detection by law enforcement.
The cases were investigated by NOAA’s Office of Law Enforcement and the Virginia Marine Police with assistance from the Federal Communications Commission Enforcement Bureau, Norfolk Office. Assistant U.S. Attorney Stephen W. Haynie of the United States Attorney’s Office for the Eastern District of Virginia and Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.
Unsealed Indictment Charges Former U.S. Federal Employee with Conspiracy to Commit Espionage for Cuba-Defendant Allegedly Helped Cuban Intelligence Service Recruit and Insert Spy into U.S. Defense Intelligence Agency-Read the Press Release
WASHINGTON – A one-count indictment was unsealed today in the U.S. District Court for the District of Columbia charging Marta Rita Velazquez, 55, with conspiracy to commit espionage, announced John Carlin, Acting Assistant Attorney General for National Security; Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.
The charges against Velazquez stem from, among other things, her alleged role in introducing Ana Belen Montes, now 55, to the Cuban Intelligence Service (CuIS) in 1984; in facilitating Montes’s recruitment by the CuIS; and in helping Montes later gain employment at the U.S. Defense Intelligence Agency (DIA). Montes served as an intelligence analyst at DIA from September 1985 until she was arrested for espionage by FBI agents on Sept. 21, 2001. On March 19, 2002, Montes pleaded guilty in the District of Columbia to conspiracy to commit espionage on behalf of Cuba. Montes is currently serving a 25-year prison sentence.
The indictment against Velazquez, who is also known as “Marta Rita Kviele” and as “Barbara,” was originally returned by a grand jury in the District of Columbia on Feb. 5, 2004. It has remained under court seal until today. Velazquez has continuously remained outside the United States since 2002. She is currently living in Stockholm, Sweden. If convicted of the charges against her, Velazquez faces a potential sentence of up to life in prison.
According to the indictment, Velazquez was born in Puerto Rico in 1957. She graduated from Princeton University in 1979 with a bachelor’s degree in Political Science and Latin American Studies. Velazquez later obtained a law degree from Georgetown University Law Center in 1982 and a master’s degree from Johns Hopkins University School of Advanced International Studies (SAIS) in Washington, D.C., in 1984.
Velazquez later served as an attorney advisor at the U.S. Department of Transportation, and, in 1989, she joined the State Department’s U.S. Agency for International Development (USAID) as a legal officer with responsibilities encompassing Central America. During her tenure at USAID, Velazquez held a Top Secret security clearance and was posted to the U.S. Embassies in Nicaragua and Guatemala. In June 2002, Velazquez resigned from USAID following press reports that Montes had pleaded guilty to espionage and was cooperating with the U.S. government. Velazquez has remained outside the United States since 2002.
The indictment alleges that, beginning in or about 1983, Velazquez conspired with others to transmit to the Cuban government and its agents documents and information relating to the U.S. national defense, with the intent that they would be used to the injury of the United States and to the advantage of the Cuban government.
As part of the conspiracy, Velazquez allegedly helped the CuIS spot, assess and recruit U.S. citizens who occupied sensitive national security positions or had the potential of occupying such positions in the future to serve as Cuban agents. For example, the indictment alleges that, while Velazquez was a student together with Montes at SAIS in Washington, D.C., in the early 1980s, Velazquez fostered a strong, personal friendship with Montes, with both sharing similar views of U.S. policies in Nicaragua at the time.
In December 1984, the indictment alleges, Velazquez introduced Montes in New York City to a Cuban intelligence officer who identified himself as an official of the Cuban Mission to the United States. The intelligence officer then recruited Montes. In 1985, after Montes’ recruitment, Velazquez personally accompanied Montes on a clandestine trip to Cuba for Montes to receive spy craft training from CuIS.
Later in 1985, Velazquez allegedly helped Montes obtain employment as an intelligence analyst at the DIA, where Montes had access to classified national defense information and served as an agent of the CuIS until her arrest in 2001. During her tenure at the DIA, Montes disclosed the identities of U.S. intelligence officers and provided other classified national defense information to the CuIS.
During this timeframe, Velazquez allegedly continued to serve the CuIS, receiving instructions from the CuIS through encrypted, high frequency broadcasts from her handlers and through meetings with handlers outside the United States.
This case was investigated by the FBI’s Washington Field Office and the DIA. It is being prosecuted by Senior Trial Attorney Clifford Rones of the Counterespionage Section in the Justice Department’s National Security Division, and Assistant U.S. Attorney G. Michael Harvey of the U.S. Attorney’s Office for the District of Columbia.
The charges contained in an indictment are merely allegations and each defendant is presumed innocent unless and until proven guilty in a court of law.
13-143Unsealed Indictment Charges Former U.S. Federal Employee <br /> with Conspiracy to Commit Espionage for CubaRead the Press Release
A one-count indictment was unsealed today in U.S. District Court for the District of Columbia charging Marta Rita Velazquez, 55, with conspiracy to commit espionage, announced John Carlin, Acting Assistant Attorney General for National Security; Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.
The charges against Velazquez stem from, among other things, her alleged role in introducing Ana Belen Montes, now 55, to the Cuban Intelligence Service (CuIS) in 1984; in facilitating Montes’s recruitment by the CuIS; and in helping Montes later gain employment at the U.S. Defense Intelligence Agency (DIA). Montes served as an intelligence analyst at DIA from September 1985 until she was arrested for espionage by FBI agents on Sept. 21, 2001. On March 19, 2002, Montes pleaded guilty in the District of Columbia to conspiracy to commit espionage on behalf of Cuba. Montes is currently serving a 25-year prison sentence.
The indictment against Velazquez, who is also known as “Marta Rita Kviele” and as “Barbara,” was originally returned by a grand jury in the District of Columbia on Feb. 5, 2004. It has remained under court seal until today. Velazquez has continuously remained outside the United States since 2002. She is currently living in Stockholm, Sweden. If convicted of the charges against her, Velazquez faces a potential sentence of up to life in prison.
According to the indictment, Velazquez was born in Puerto Rico in 1957. She graduated from Princeton University in 1979 with a bachelor’s degree in Political Science and Latin American Studies. Velazquez later obtained a law degree from Georgetown University Law Center in 1982 and a master’s degree from Johns Hopkins University School of Advanced International Studies (SAIS) in Washington, D.C., in 1984.
Velazquez later served as an attorney advisor at the U.S. Department of Transportation, and, in 1989, she joined the State Department’s U.S. Agency for International Development (USAID) as a legal officer with responsibilities encompassing Central America. During her tenure at USAID, Velazquez held a Top Secret security clearance and was posted to the U.S. Embassies in Nicaragua and Guatemala. In June 2002, Velazquez resigned from USAID following press reports that Montes had pleaded guilty to espionage and was cooperating with the U.S. government. Velazquez has remained outside the United States since 2002.
The indictment alleges that, beginning in or about 1983, Velazquez conspired with others to transmit to the Cuban government and its agents documents and information relating to the U.S. national defense, with the intent that they would be used to the injury of the United States and to the advantage of the Cuban government.
As part of the conspiracy, Velazquez allegedly helped the CuIS spot, assess and recruit U.S. citizens who occupied sensitive national security positions or had the potential of occupying such positions in the future to serve as Cuban agents. For example, the indictment alleges that, while Velazquez was a student together with Montes at SAIS in Washington, D.C., in the early 1980s, Velazquez fostered a strong, personal friendship with Montes, with both sharing similar views of U.S. policies in Nicaragua at the time.
In December 1984, the indictment alleges, Velazquez introduced Montes in New York City to a Cuban intelligence officer who identified himself as an official of the Cuban Mission to the United States. The intelligence officer then recruited Montes. In 1985, after Montes’ recruitment, Velazquez personally accompanied Montes on a clandestine trip to Cuba for Montes to receive spy craft training from CuIS.
Later in 1985, Velazquez allegedly helped Montes obtain employment as an intelligence analyst at the DIA, where Montes had access to classified national defense information and served as an agent of the CuIS until her arrest in 2001. During her tenure at the DIA, Montes disclosed the identities of U.S. intelligence officers and provided other classified national defense information to the CuIS.
During this timeframe, Velazquez allegedly continued to serve the CuIS, receiving instructions from the CuIS through encrypted, high frequency broadcasts from her handlers and through meetings with handlers outside the United States.
This case was investigated by the FBI’s Washington Field Office and the DIA. It is being prosecuted by Senior Trial Attorney Clifford Rones of the Counterespionage Section in the Justice Department’s National Security Division, and Assistant U.S. Attorney G. Michael Harvey of the U.S. Attorney’s Office for the District of Columbia.
The charges contained in an indictment are merely allegations and each defendant is presumed innocent unless and until proven guilty in a court of law.
WASHINGTON – A one-count indictment was unsealed today in U.S. District Court for the District of Columbia charging Marta Rita Velazquez, 55, with conspiracy to commit espionage, announced John Carlin, Acting Assistant Attorney General for National Security; Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.The charges against Velazquez stem from, among other things, her alleged role in introducing Ana Belen Montes, now 55, to the Cuban Intelligence Service (CuIS) in 1984; in facilitating Montes’s recruitment by the CuIS; and in helping Montes later gain employment at the U.S. Defense Intelligence Agency (DIA). Montes served as an intelligence analyst at DIA from September 1985 until she was arrested for espionage by FBI agents on Sept. 21, 2001. On March 19, 2002, Montes pleaded guilty in the District of Columbia to conspiracy to commit espionage on behalf of Cuba. Montes is currently serving a 25-year prison sentence.
The indictment against Velazquez, who is also known as “Marta Rita Kviele” and as “Barbara,” was originally returned by a grand jury in the District of Columbia on Feb. 5, 2004. It has remained under court seal until today. Velazquez has continuously remained outside the United States since 2002. She is currently living in Stockholm, Sweden. If convicted of the charges against her, Velazquez faces a potential sentence of up to life in prison.
According to the indictment, Velazquez was born in Puerto Rico in 1957. She graduated from Princeton University in 1979 with a bachelor’s degree in Political Science and Latin American Studies. Velazquez later obtained a law degree from Georgetown University Law Center in 1982 and a master’s degree from Johns Hopkins University School of Advanced International Studies (SAIS) in Washington, D.C., in 1984.
Velazquez later served as an attorney advisor at the U.S. Department of Transportation, and, in 1989, she joined the State Department’s U.S. Agency for International Development (USAID) as a legal officer with responsibilities encompassing Central America. During her tenure at USAID, Velazquez held a Top Secret security clearance and was posted to the U.S. Embassies in Nicaragua and Guatemala. In June 2002, Velazquez resigned from USAID following press reports that Montes had pleaded guilty to espionage and was cooperating with the U.S. government. Velazquez has remained outside the United States since 2002.
The indictment alleges that, beginning in or about 1983, Velazquez conspired with others to transmit to the Cuban government and its agents documents and information relating to the U.S. national defense, with the intent that they would be used to the injury of the United States and to the advantage of the Cuban government.
As part of the conspiracy, Velazquez allegedly helped the CuIS spot, assess and recruit U.S. citizens who occupied sensitive national security positions or had the potential of occupying such positions in the future to serve as Cuban agents. For example, the indictment alleges that, while Velazquez was a student together with Montes at SAIS in Washington, D.C., in the early 1980s, Velazquez fostered a strong, personal friendship with Montes, with both sharing similar views of U.S. policies in Nicaragua at the time.
In December 1984, the indictment alleges, Velazquez introduced Montes in New York City to a Cuban intelligence officer who identified himself as an official of the Cuban Mission to the United States. The intelligence officer then recruited Montes. In 1985, after Montes’ recruitment, Velazquez personally accompanied Montes on a clandestine trip to Cuba for Montes to receive spy craft training from CuIS.
Later in 1985, Velazquez allegedly helped Montes obtain employment as an intelligence analyst at the DIA, where Montes had access to classified national defense information and served as an agent of the CuIS until her arrest in 2001. During her tenure at the DIA, Montes disclosed the identities of U.S. intelligence officers and provided other classified national defense information to the CuIS.
During this timeframe, Velazquez allegedly continued to serve the CuIS, receiving instructions from the CuIS through encrypted, high frequency broadcasts from her handlers and through meetings with handlers outside the United States.
This case was investigated by the FBI’s Washington Field Office and the DIA. It is being prosecuted by Senior Trial Attorney Clifford Rones of the Counterespionage Section in the Justice Department’s National Security Division, and Assistant U.S. Attorney G. Michael Harvey of the U.S. Attorney’s Office for the District of Columbia.
The charges contained in an indictment are merely allegations and each defendant is presumed innocent unless and until proven guilty in a court of law.
Related Materials:
Indictment
U.S. Attorney Booth Goodwin Recognizes 56 West Virginia High School Juniors as Ambassadors for JusticeRead the Press Release
Second annual ceremony lauds students for exceptional character, commitment to social justice
*Click here to view the group photograph*
CHARLESTON, W.Va. – United States Attorney Booth Goodwin today recognized 56 high school juniors as U.S. Attorney’s Ambassadors for Justice during an afternoon ceremony at the Culture Center in Charleston. The U.S. Attorney’s Ambassadors for Justice program is an initiative led by the U.S. Attorney’s Office for the Southern District of West Virginia. It honors high school juniors who have shown outstanding leadership skills and a commitment to social justice.
Today’s ceremony marked the second time U.S. Attorney Goodwin has recognized young leaders from high schools in the Southern District of West Virginia as Ambassadors for Justice.
“I am very pleased to honor the second class of high school juniors from throughout the Southern District as my Ambassadors for Justice,” U.S. Attorney Goodwin said. “These 56 students have each demonstrated a powerful ethical compass. They’ve exemplified tremendous leadership.”
Goodwin continued, “Their ideas and perspectives are invaluable. These are students who are willing to step forward and do something if one of their peers makes a self-destructive decision or bullies someone else.”Goodwin said that his office is deeply concerned about problems facing young people in his district. “This isn't just an award or a title. This is an ongoing mission for me, my office, our schools, our communities, and for each of these Ambassadors for Justice, so that together we can exert positive influences in our schools and communities,” said Goodwin.
The U.S. Attorney’s Ambassadors for Justice program was created by U.S. Attorney Goodwin last year in response to rising school bullying and social media threats involving young people. The program was also spurred by a February 2012 school shooting at Chardon High School in Chardon, Ohio, in which a student opened fire on his classmates, killing three and wounding two others. Other episodes involving planned violent attacks by young people that were prevented due to the swift actions of students and school Prevention Resource Officers here in the Southern District of West Virginia have also encouraged U.S. Attorney Goodwin's initiative.
Nominations to be U.S. Attorney’s Ambassadors for Justice are made by school principals and administrative leaders. Goodwin said that outstanding character, devotion to citizenship, and a commitment to serving others are fundamentals for nomination. This year, 56 out of 59 high schools in the 23-county Southern District of West Virginia nominated outstanding students to be Ambassadors for Justice.
The 2013 U.S. Attorney’s Ambassadors for Justice are as follows (by student name/high school/county)
Please note: Individual photos of each student are available here.
Boone County
Sydney Burdette, Sherman High School (Boone Co.)
Haleigh Foxx, Van Jr./Sr. High School (Boone)
Kendyl Ryan, Scott High School (Boone Co.)Cabell County
Anthony Jaime, Huntington High School (Cabell Co.)
Jaime Schussler, Cabell Midland High School (Cabell Co.)Clay County
Elizabeth Remias, Clay County High School (Clay Co.)Fayette County
Bradley Higginbotham, Valley High School (Fayette Co.)
Jonathan Hildebrand, Midland Trail High School (Fayette Co.)
Felicia Pomeroy, Meadow Bridge High School (Fayette Co.)
Hali Zink, Oak Hill High School (Fayette Co.)Greenbrier County
Taylor Gilkeson, Greenbrier West High School (Greenbrier Co.)
Heather Vallandingham, Greenbrier East High School (Greenbrier Co.)Jackson County
Talia Martinez, Ravenswood High School (Jackson Co.)
Nathan Tucker, Ripley High School (Jackson Co.)Kanawha County
Hunter Chandler, Herbert Hoover High School (Kanawha Co.)
Camden Elliott, George Washington High School (Kanawha Co.)
Matt Jarvis, Nitro High School (Kanawha Co.)
Dakota Kelly, St. Albans High School (Kanawha Co.)
Morgan King, Capital High School (Kanawha Co.)
Derek Nelson, South Charleston High School (Kanawha Co.)
Cody Taylor, Sissonville High School (Kanawha Co.)Logan County
Joey Buchanon, Man High School (Logan Co.)
McGinnis Dalton, Logan Senior High School (Logan Co.)Lincoln County
Logan Miller, Lincoln County High School (Lincoln Co.)Mason County
Ayla Edwards, Point Pleasant Jr./Sr. High School Point (Mason Co.)
Wynston Lloyd, Hannan Jr./Sr. High School (Mason Co.)
Paige Stanhope, Wahama Jr./Sr. High School (Mason Co.)McDowell County
Ryan Blankenship, River View High School (McDowell Co.)Mercer County
Vaughn Campbell, Pike View High School (Mercer Co.)
Will Hickman, Princeton Senior High School (Mercer Co.)
Molly Lovern, Bluefield High School (Mercer Co.)
Robert Punturi III, Montcalm High School (Mercer Co.)Mingo County
Julius Hatcher, Mingo Central High School (Mingo Co.)
David Runyon, Tug Valley High School (Mingo Co.)Monroe County
Elliott Judy, James Monroe High School (Monroe Co.)Nicholas County
Jesse Borrell, Nicholas County High School (Nicholas Co.)
Benjamin Weber, Richwood High School (Nicholas Co.)Putnam County
Cory Hoshor, Buffalo High School (Putnam Co.)
Carla Haikal, Winfield High School (Putnam Co.)
Sarah Lawrence, Hurricane High School (Putnam Co.)
Kyle McClanahan, Poca High School (Putnam Co.)Raleigh County
Adam Pack, Independence High School (Raleigh Co.)
Luke Stover, Liberty High School (Raleigh Co.)
McKenna Williamson, Shady Spring High School (Raleigh Co.)
Aniket Zinzuwadia, Woodrow Wilson High School (Raleigh Co.)Roane County
Kennedy Roberts, Roane County High School (Roane Co.)Summers County
Lindsay Ryan, Summers County High School (Summers Co.)Wayne County
Payton Fetty, Wayne High School (Wayne Co.)
Kristen Griffith, Tolsia High School (Wayne Co.)
Meredith Hall, Spring Valley High School (Wayne Co.)Wirt County
Leah Haines, Wirt County High School (Wirt Co.)Wood County
Shalin Gandhi, Parkersburg High School (Wood Co.)
Allison Walker, Parkersburg South High School (Wood Co.)
Matthew Zlatkind, Williamstown High School (Wood Co.)
Wyoming County
Anna Davis, Westside High School (Wyoming Co.)
Savannah Lusk, Wyoming East High School (Wyoming Co.)U. S. Attorney’s Office for the Middle District of Florida Observes National Crime Victims’ Rights WeekRead the Press Release
(Tampa) - U.S. Attorney Robert E. O’Neill announced that his office, in conjunction with the observance of National Crime Victims’ Rights Week, April 21-27, hosted a variety of events throughout the district in observation of NCVR Week. A panel discussion on Stolen Identity Refund Fraud (SIRF) for victim service providers, and others, was held on Wednesday in Tampa. Panelists included representatives from the Internal Revenue Service, the Tampa Police Department, federal prosecutors, and a SIRF victim. A fraud summit was held in Jacksonville on the same day, which included presentations by the Federal Bureau of Investigation, HHS-OIG, the State Attorney’s Office, Jacksonville Sheriff’s Office, Office of the Florida Attorney General, the Securities and Exchange Commission, the Florida Department of Law Enforcement, the Internal Revenue Service, the U.S. Secret Service, the U.S. Postal Inspection Service, and several fraud victims. On Thursday, federal prosecutors, along with representatives from the State Attorney’s Office, U.S. Secret Service, and the Marion County Sheriff’s Office addressed Rotary Club members in The Villages. Prior to this week, the office hosted sessions on common fraud schemes in Tampa and Fort Myers. The goal of the presentations was to make community members aware of fraud schemes and best practices to avoid becoming a victim. A Central Florida fraud summit is scheduled in Orlando on May 15, 2013.
The theme for this year’s Crime Victims’ Rights Week, “New Challenges. New Solutions,” celebrates the spirit that will advance the progress and achievements on behalf of victims. It also captures the spirit and highlights the need for us to assist and serve each and every victim in need of hope and help. The Crime Victims’ Rights Act (CVRA), enacted in 2004, grants victims in federal criminal proceedings certain enforceable rights, including the right to be reasonably heard at public court proceedings and to receive full and timely restitution as provided by law. The Middle District of Florida has a dedicated Victim Witness Unit that serves federal crime victims across the district’s 35 counties. Members of this unit notify victims of significant case events through the Department of Justice’s (DOJ) Victim Notification System (VNS). Such notice enables victims to participate in court proceedings and make their voices heard. According to DOJ statistics, in Fiscal Year (FY) 2012, the U.S. Attorneys’ offices provided notice of over 12.2 million case events, including notices regarding criminal charges filed, plea hearings, bond hearings and sentencing hearings.
Notification of significant case events leads to increased victim participation in court proceedings. Court accompaniment helps ensure that victim participation in court proceedings is meaningful as Victim-Witness personnel can answer questions and explain the federal judicial process.
In addition to notification and court accompaniment, the Middle District of Florida’s Victim Witness Unit provides essential services to victims, such as making referrals for counseling, securing temporary housing, assisting with access to victim compensation funds, and accompanying victims to court to provide support and guidance during the proceedings. These services provide tools victims need to reshape their futures.
Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/.
Tyrone Thaddeus Martinez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on April 25, 2013, before U.S. District Judge Richard F. Cebull, TYRONE THADDEUS MARTINEZ, a 33-year-old resident of Billings, appeared for sentencing. MARTINEZ was sentenced to a term of:
Probation: 4 years
Special Assessment: $100
Restitution: $10,293
MARTINEZ was sentenced in connection with his guilty plea to wire fraud.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
MARTINEZ was employed by Hardrive Asphalt, in Billings from the end of April 2011 through August 22, 2011. MARTINEZ was fired on August 22, 2011. Each of the fleet vehicles for Hardrive is equipped with a Wright Express gas card. Each employee who is authorized to use a gas card is issued a 4-digit PIN that enables the use of the gas cards attached to each Hardrive vehicle. MARTINEZ, employed as a laborer, was not authorized a gas card or a pin.
During the summer of 2011, Hardrive had one truck that was inoperable and sat in the company's yard. This particular vehicle had two gas cards. One gas card was for bulk fuel and one card was a regular gas card. The yard was locked at night, but was open during operating hours and any employee would have had access to the vehicle and its contents.
Hardrive runs gas charge totals on a monthly basis. Prior to Hardrive running its September 2011 totals, Wright Express telephoned Hardrive to voice concern for unusual gas charges. It was determined that $10,293 in charges were fraudulently charged to Hardrive's account. The fraudulent charges were incurred over short durations of time during single day periods. The first two charges were in Billings on August 20, 2011, and August 21, 2011, the two day period prior to MARTINEZ being fired from Hardrive. In total over 160 fraudulent charges were incurred in various locations, for various amounts, including Billings; Big Timber; Gillette, Wyoming; Post Falls, Idaho; Spokane, Washington; and Seattle, Washington.
All of the fraudulent gas transactions used PIN 7524 that was assigned to Hardrive employee X.X. X.X. was working on a job site for Hardrive in Wyoming during the time the fraudulent charges were incurred. Questioning by Hardrive management uncovered that X.X. had previously provided MARTINEZ with his PIN when the two worked together prior to the fraud taking place.
Law enforcement was able to obtain numerous pieces of video footage from the gas stations where the card and PIN were used. Law enforcement was able to visually identify MARTINEZ in several of the videos. Law enforcement was also able to identify MARTINEZ's vehicle in several of the videos. Additionally, MARTINEZ used an Albertsons' gas station at one point to fill up his vehicle. Albertsons was able to confirm that MARTINEZ's Albertsons' savings card was used for the gasoline purchases made with the stolen card and the PIN.
Law enforcement interviewed MARTINEZ about the allegations from Hardrive. MARTINEZ admitted he took a gas card from one of the company vehicles. MARTINEZ stated that the PIN needed to use the card was common knowledge to most employees. MARTINEZ admitted to using the gas card in Montana, Idaho, Wyoming, and Washington. MARTINEZ said that he was sorry for his actions.
In total, MARTINEZ stole $10,293 in fuel from Hardrive Asphalt through his gas card scheme.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MARTINEZ will likely serve all of the time imposed by the court. In the federal system, MARTINEZ does 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 U.S. Secret Service.
Two Tax Return Preparers IndictedRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announces the indictments of two tax return preparers, Fane Dacosta (39, Daytona Beach) and Obnes Latigue (50, Orlando). Dacosta has been charged with 25 counts of aiding in the preparation of false tax returns and 3 counts of failing to file his personal tax returns. Latigue has been charged with 23 counts of aiding in the preparation of false tax returns. If convicted, each faces a maximum penalty of 3 years in federal prison for each count of aiding in the preparation of false tax returns, and Dacosta faces a maximum penalty of one year in federal prison for each count of failing to file his personal tax returns. Dacosta and Latigue were charged in separate indictments on April 10, 2013. They were both arrested yesterday.
According to the indictments, Dacosta and Latigue were involved in preparing tax returns in which they falsified the deduction amounts and tax credits owed to taxpayers, resulting in those taxpayers receiving undeserved tax refunds. For three years, Dacosta also failed to file his personal tax returns, despite having received more than $100,000 in gross income in each year.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
These cases were investigated by the Internal Revenue Service Criminal Investigation. They will be prosecuted by Assistant United States Attorney Roger B. Handberg.
Two Inmates Indicted for Killing Inside Federal PrisonRead the Press Release
ATLANTA - Federal inmates Donald R. Lafond, Jr., and Jason Robert Widdison, have been indicted for the 2011 murder of a fellow prisoner at the United States Penitentiary in Atlanta, Ga.
“Offenders who commit violent acts like this must be prosecuted to the fullest extent of the law,” said United States Attorney Sally Quillian Yates. “The Department of Justice and its Bureau of Prisons endeavors to protect the life and safety of every federal inmate. We remain vigilant and will do everything we can to ensure that prisons are as safe as possible for every inmate and employee.”
According to United States Attorney Yates, the charges and other information presented in court, on March 1, 2011, Lafond, 52, and Widdison, 34, were exercising inside the prison’s special housing unit recreation area. The victim, a fellow inmate, joined the defendants in the area and attempted to make conversation and walk around with them.
After a short period of time, Lafond and Widdison suddenly began to punch the victim from both front and behind, knocking the victim to the ground. Both Lafond and Widdison then stomped on the victim’s head and neck, as many as ten times each. Corrections officers witnessed the incident and intervened. Both men complied with the officers’ orders to stop beating the victim, but by then, the victim was unconscious. The victim was taken to a hospital but never regained consciousness. As a result of his injuries, the victim died on April 5, 2011.
Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office, stated: “The basic civil liberties of the victim federal inmate in this case were absolutely ignored by fellow inmates Lafond and Widdison and that will not be ignored by federal authorities. The FBI will continue to provide investigative assistance and other assets as needed in assisting the U.S. Bureau of Prisons maintain order within U.S. Penitentiary- Atlanta.”
Lafond and Widdison appeared today in federal court in Atlanta before United States Magistrate Judge Janet F. King. The indictment charges that the defendants, aided and abetted by one another and with malice aforethought, killed the victim by punching and stomping him. The charge carries a maximum sentence of life in prison and a maximum fine of $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentence ranges for most offenders.
This case is being investigated by Special Agents of the Federal Bureau of Investigation.Members of the public are reminded that the indictment contains only allegations. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
Tuscaloosa County Man Indicted for Producing and Possessing Child PornographyRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Tuscaloosa County man on child pornography charges, announced U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Richard D. Schwein Jr. and Tuscaloosa County Sheriff Billy Sharp.
A five-count indictment filed in U.S. District Court charges MURRY MALONE BAILEY, 63, with producing child pornography between November 2010 and April 2012, and with possessing child pornography in Tuscaloosa County between August 2010 and May 2012.
The maximum penalty for producing child pornography is 30 years in prison and a $250,000 fine. The maximum penalty for possessing child pornography is 10 years in prison and a $250,000 fine.
The Tuscaloosa Sheriff’s Department and the FBI investigated the case, which Assistant U.S. Attorney Amanda Wick is prosecuting.
Members of the public are reminded that an indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
Three Men Indicted on Federal Charges of Filing Fraudulent Tax Returns Related to Identity TheftRead the Press Release
Fort Myers, Florida - United States Attorney Robert E. O'Neill announces the unsealing of an eight count indictment charging Desmond Holden, Kinjonah Coston, and Octavis Jones with conspiracy to prepare fraudulent tax returns, theft of public money, and aggravated identity theft. If convicted, each faces a maximum penalty of 5 years in federal prison for each of the conspiracy and theft of public money offenses, and a consecutive minimum sentence of two years' imprisonment for each aggravated identity charge. The indictment also notifies the defendants that the United States intends to forfeit all assets, which are alleged to be traceable to proceeds of the offenses.
According to the indictment, Holden, Coston, and Jones participated in a scheme to fraudulently obtain federal income tax refunds by preparing and filing false tax returns. They filed these returns in the names of people whose identities they had stolen, by obtaining the victims' Social Security numbers and other identifiers. The defendants would then direct the money from the fraudulent refunds to be deposited onto debit cards, or money orders, which they would then convert to their personal use.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Internal Revenue Service Criminal Investigation, with assistance and cooperation from the Highlands County Sheriff's Office. It will be prosecuted by Assistant United States Attorney Douglas Molloy.
Talladega County Man Indicted for Mailing Second Series of Threat LettersRead the Press Release
BIRMINGHAM – A Talladega County man serving more than four years in federal prison for mailing a series of hoax anthrax letters in 2010 has been indicted for mailing another series of threatening letters in 2011, announced U.S. Attorney Joyce White Vance and U.S. Postal Inspector R. Frank Dyer.
A federal grand jury today indicted CLIFTON LAMAR DODD, 41, of Lincoln, on seven counts of using the U.S. Postal Service to send threating letters. Count one of the indictment filed in U.S. District Court charges Dodd with mailing a hoax anthrax letter to then Jefferson County Deputy District Attorney Teresa McClendon on April 4, 2011. Counts two through six charge Dodd with mailing, or causing the mailing of extortion letters on June 15, 2011, that threatened the lives of U.S. District Court Judge L. Scott Coogler, Jefferson County Circuit Court Judge Tommy Nail, lawyers James O'Kelly and Sheila Weil, and Jefferson County Jail inmate Michael Bole. The final count of the indictment charges Dodd with causing an extortion letter to be sent and delivered to former Alabama Sen. Jim Preuitt of Talladega on Sept. 28, 2011.
The June 2011 extortion letters were mailed from Calhoun County, according to the indictment. Dodd was in custody in the Calhoun County Jail at that time, awaiting trial on the federal charges that he sent 23 anthrax hoax letters in 2010. He pleaded guilty to those charges just before trial was to begin in July 2011. Dodd remained in jail awaiting sentencing when, according to the indictment, the September 2011 extortion letter was delivered to Preuitt in Talladega County.
According to today's indictment, the June 2011 letters claimed to be from someone who had been hired to kill the recipients. The letters to judges Coogler and Nail demanded $5,000 from each. The letter to the jail inmate, Bole, stated it was from "your friend from jail," and expressed a promise to kill the people who had done them wrong and said to "be sure the money is their (sic)." The letter specifically mentioned O'Kelly and Judges Coogler and Nail, according to the indictment.
The September 2011 letter to Preuitt stated, "I didn't forget about you. I want my money. All of my money … Get my money or die," according to the indictment.
Preuitt was among the recipients of the 23 anthrax hoax letters Dodd was convicted of mailing in 2010. In December 2011, U.S. District Judge Abdul Kallon sentenced Dodd to 51 months in prison for mailing the hoax threats.
Along with Preuitt, Dodd mailed those letters to U.S. Sen. Richard Shelby at his office in the Robert S. Vance Federal in Birmingham, to two Talladega County state court judges, Talladega County Sheriff Jerry Studdard, several Talladega County Jail inmates who were in the jail at the same time as Dodd, and police investigators from both the Lincoln and Oxford police departments who previously had interviewed Dodd.
The U.S. Postal Inspection Service investigated the current case, which Assistant U.S. Attorney Michael Whisonant Sr. is prosecuting.
The public is reminded that an indictment contains only charges. A defendant is presumed innocent and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial.
Supervisor of $63 Million Health Care Fraud Scheme ConvictedRead the Press Release
A federal jury today convicted a Miami-area supervisor of a mental health care company, Health Care Solutions Network (HCSN), for helping to orchestrate a fraud scheme that crossed state lines and that resulted in the submission of more than $63 million in fraudulent claims to Medicare and Florida Medicaid.
The announcement was made by Acting Assistant Attorney General Mythili Raman of the Justice Department's Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Michael B. Steinbach, Special Agent in Charge of the FBI's Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigation’s Miami office.
After a five-day trial, a jury in the Southern District of Florida found Wondera Eason, 51, guilty of conspiracy to commit health care fraud. Sentencing is scheduled for July 8, 2013.
Eason was employed as the Director of Medical Records at HCSN’s Partial Hospitalization Program (PHP). A PHP is a form of intensive treatment for severe mental illness. In Florida, HCSN operated community mental health centers at two locations. After stealing millions from Medicare and Medicaid in Florida, HCSN’s owner, Armando Gonzalez, exported the scheme to North Carolina, opening a third HCSN location in Hendersonville.
Evidence at trial showed that at all three locations, Eason, a certified medical records technician, oversaw the alteration, fabrication, and forgery of thousands of documents, which purported to support the fraudulent claims HCSN submitted to Medicare and Florida Medicaid. Many of these medical records were created weeks or months after the patients were admitted to HCSN facilities in Florida for purported PHP treatment and were utilized to support false and fraudulent billing to government sponsored health care benefit programs, including Medicare and Florida Medicaid. Eason directed therapists to fabricate documents, and she also forged the signature of therapists and others on documents that she was in charge of maintaining. Eason interacted with Medicare and Medicaid auditors, providing them with false and fraudulent documents, while certifying the documents were accurate.
The “therapy” at HCSN oftentimes consisted of nothing more than patients watching Disney movies, playing bingo and having barbeques. Eason directed therapists to remove any references to these recreational activities in the medical records.
According to evidence at trial, Eason was aware that HCSN in Florida paid illegal kickbacks to owners and operators of Miami-Dade County Assisted Living Facilities (ALF) in exchange for patient referral information to be used to submit false and fraudulent claims to Medicare and Medicaid. Eason also knew that many of the ALF referral patients were ineligible for PHP services because many patients suffered from mental retardation, dementia and Alzheimer's disease.
From 2004 through 2011, HCSN billed Medicare and the Florida Medicaid program approximately $63 million for purported mental health services.
Fifteen defendants have been charged for their alleged roles in the HCSN health care fraud scheme, and 12 defendants have pleaded guilty. On Monday, Feb. 25, 2013, Gonzalez was sentenced to serve 168 months in prison for his role in the scheme. Alleged co-conspirators Alina Feas and Lisset Palmero are scheduled for trial on June 3, 2013. Defendants are presumed innocent until proven guilty at trial.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Southern District of Florida. This case was prosecuted by Trial Attorneys Allan J. Medina and Steven Kim, former Special Trial Attorney William Parente and Deputy Chief Benjamin D. Singer of the Criminal Division's Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Supervisor of $63 Million Health Care Fraud Scheme ConvictedRead the Press Release
A federal jury today convicted a Miami-area supervisor of a mental health care company, Health Care Solutions Network (HCSN), for helping to orchestrate a fraud scheme that crossed state lines and that resulted in the submission of more than $63 million in fraudulent claims to Medicare and Florida Medicaid.
The announcement was made by U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; Michael B. Steinbach, Special Agent in Charge of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigation’s Miami Office.
After a five-day trial, a jury in the Southern District of Florida found Wondera Eason, 51, guilty of conspiracy to commit health care fraud. Sentencing is scheduled for July 8, 2013.
Eason was employed as the Director of Medical Records at HCSN’s Partial Hospitalization Program (PHP). A PHP is a form of intensive treatment for severe mental illness. In Florida, HCSN operated community mental health centers at two locations. After stealing millions from Medicare and Medicaid in Florida, HCSN’s owner, Armando Gonzalez, exported the scheme to North Carolina, opening a third HCSN location in Hendersonville.
Evidence at trial showed that at all three locations, Eason, a certified medical records technician, oversaw the alteration, fabrication, and forgery of thousands of documents, which purported to support the fraudulent claims HCSN submitted to Medicare and Florida Medicaid. Many of these medical records were created weeks or months after the patients were admitted to HCSN facilities in Florida for purported PHP treatment and were utilized to support false and fraudulent billing to government sponsored health care benefit programs, including Medicare and Florida Medicaid. Eason directed therapists to fabricate documents, and she also forged the signature of therapists and others on documents that she was in charge of maintaining. Eason interacted with Medicare and Medicaid auditors, providing them with false and fraudulent documents, while certifying the documents were accurate.
The “therapy” at HCSN oftentimes consisted of nothing more than patients watching Disney movies, playing bingo and having barbeques. Eason directed therapists to remove any references to these recreational activities in the medical records.
According to evidence at trial, Eason was aware that HCSN in Florida paid illegal kickbacks to owners and operators of Miami-Dade County Assisted Living Facilities (ALF) in exchange for patient referral information to be used to submit false and fraudulent claims to Medicare and Medicaid. Eason also knew that many of the ALF referral patients were ineligible for PHP services because many patients suffered from mental retardation, dementia and Alzheimer's disease.
From 2004 through 2011, HCSN billed Medicare and the Florida Medicaid program approximately $63 million for purported mental health services.
Fifteen defendants have been charged for their alleged roles in the HCSN health care fraud scheme, and 12 defendants have pleaded guilty. On Monday, Feb. 25, 2013, Gonzalez was sentenced to serve 168 months in prison for his role in the scheme. Alleged co-conspirators Alina Feas and Lisset Palmero are scheduled for trial on June 3, 2013. Defendants are presumed innocent until proven guilty at trial.
This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Southern District of Florida. This case was prosecuted by Trial Attorneys Allan J. Medina and Steven Kim, former Special Trial Attorney William Parente and Deputy Chief Benjamin D. Singer of the Criminal Division's Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
State Department Contract Employee and Husband Indicted for Steering More Than $60 Million in Government Contracts to Their Own CompanyRead the Press Release
ALEXANDRIA, Va. - Kathleen D. McGrade, age 64, and Brian C. Collinsworth, age 46, both of Fredericksburg, Va., were indicted by a federal grand jury today on charges stemming from an alleged secret scheme to steer more than $60 million in State Department contracts to a company they controlled.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, Harold W. Geisel, Deputy Inspector General for the Department of State, and Thomas J. Kelly, Special Agent In Charge for IRS Criminal Investigation made the announcement after the indictment was returned.
McGrade and Collinsworthface a maximum penalty of 20 years imprisonment, if convicted.
According to the indictment, from at least December 2007 through August 2011, McGrade was a private contract employee assigned to work as a contract specialist at the U.S. Department of State, in its Office of Acquisition Management located in Arlington, Virginia. In that position, McGrade assisted in and oversaw the process for awarding and implementing contracts to companies performing work at various U.S. foreign service posts, including U.S. embassies located around the world. During this same period, McGrade and Collinsworth controlled a Virginia company called the Sterling Royale Group, LLC (SRG), for which McGrade, acting through her position at the State Department, caused to be issued an Indefinite Duration, Indefinite Quantity (IDIQ) contract with the State Department. During the course of the scheme, Collinsworth acted as SRG’s vice president. According to the indictment, McGrade and Collinsworth, who were married, actively concealed their marriage and McGrade’s involvement in SRG from officials at the Department of State. Further, McGrade allegedly misled other State Department officials to believe she was a Contracting Officer while approving payments to SRG. All told, McGrade’s role in the scheme allegedly resulted in SRG being awarded approximately 17 task orders. Prior to the scheme being discovered, SRG had submitted invoices resulting in $39 million in payments. Finally, the indictment alleges that McGrade and Collinsworth used the proceeds of their scheme to purchase a 41 foot boat, a home, a penthouse condominium, and a Lexus automobile, among other things.
This case is being investigated by the Office of the Inspector General for the Department of State and the Criminal Investigation Section of the Internal Revenue Service. Assistant United States Attorneys Jack Hanly and Mark D. Lytle are prosecuting the case on behalf of the United States.
Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Spring Man Who Coerced 9-Year-Old to Take Nude Photo with Handheld Gaming Device Lands Significant SentenceRead the Press Release
HOUSTON – Spring resident Steve Correa-Franco, 33, has been ordered to prison for nearly 20 years following his convictions of enticement of a child and possession of child pornography, United States Attorney Kenneth Magidson announced today. He pleaded guilty to the charges Thursday, Dec. 6, 2012.
Today, U.S. District Judge Sim Lake, took into consideration the seriousness of the crime and the need for deterrence and handed Correa-Franco respective sentences of 235 and 120 months for the enticement and possession convictions. The sentences will run concurrently. Additional information was also presented today, including a victim impact statement from the parents of the girl. In handing down the sentence, Judge Lake noted that the victim will carry the memory of what Correa-Franco did for a long time. Correa-Franco was further ordered to serve 25 years of supervised release following completion of his prison term. He will also be ordered to register as a sex offender.
The charges against Correa-Franco arose in April 2012, when the Rochester, Minn., Police Department responded to a complaint regarding the possible online solicitation of a nine-year-old child. The responding officer met with the child’s parents, at which time the father told police he had noticed the family computer open to the website www.kidzworld.com and saw that his daughter had been communicating with someone. The father further investigated his daughter’s online activity and accessed her Yahoo! email account. In the account, he found extensive chat logs between his daughter and an unknown person with a Yahoo! Username of “Steve Correa,” later identified as Correa-Franco. The majority of the chat activity occurred on April 6, 2012.
During the April 6 chats, the girl told Correa-Franco she was nine-years old. He said he was 16 years old and repeatedly discussed having sex with the young girl. He also sent the daughter several photos of himself which contained images of his face.
Correa-Franco asked the girl to take a nude photograph of herself, which she did using her Nintendo DS handheld game system. She took the photograph with the gaming system, uploaded it to her computer and then emailed it to the address Correa-Franco had provided.
Law enforcement officers were able to trace the email account to Correa-Franco’s residence in Spring. On May 18, 2012, a federal search warrant was executed, at which time agents seized Correa’s laptop computer. Agents were able to confirm the images emailed to the nine-year-old were, in fact, images of Correa-Franco.
A forensic analysis of the laptop computer resulted in the discovery of 210 digital videos of child pornography, including the lewd and lascivious exhibition of the genitals of minor children and actual sexual intercourse involving a nude minor female and adult male. The nude image of the nine-year-old victim taken by her at Correa-Franco’s urging was also discovered.
Correa-Franco will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was investigated by the FBI and the Rochester, Minn., Police Department. Assistant U.S. Attorney Robert Stabe is prosecuting the case.
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."
Spring Creek Man Indicted for Aggravated Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Spring Creek, South Dakota man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Francis Kills In Sight, age 19, was indicted by a federal grand jury on October 16, 2012. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 24, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to life in custody, life of supervised release, and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Kills In Sight is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Kills In Sight was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Southern California Physician and Two Co-Conspirators Found Guilty for Roles in $1.5 Million Medicare Fraud SchemeRead the Press Release
A Southern California physician, a durable medical equipment (DME) supply company employee and a health care professional were found guilty late yesterday by a federal jury in Los Angeles for their roles in a $1.5 million Medicare fraud scheme, announced Acting Assistant Attorney General Mythili Raman of the Criminal Division; U.S. Attorney for the Central District of California André Birotte Jr.; Bill L. Lewis, Assistant Director in Charge of the FBI’s Los Angeles Field Office; and Glenn R. Ferry, Special Agent in Charge of the Los Angeles Region of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG).
Godwin Onyeabor, 49, of Ontario, Calif., Sri J. Wijegunaratne, 58, of Anaheim, Calif., and Heidi Morishita, 48, of Valencia, Calif., were each found guilty in U.S. District Court in the Central District of California of one count of conspiracy to pay and receive kickbacks. Wijegunaratne was also found guilty of conspiracy to commit health care fraud and six substantive counts of health care fraud. Onyeabor was also found guilty of conspiracy to commit health care fraud and 11 substantive counts of health care fraud.
The trial evidence showed that between January 2007 and February 2012, Onyeabor, an officer at Fendih Medical Supply Inc., a DME supply company located in San Bernadino, Calif., and others paid cash kickbacks to Wijegunaratne, a physician, and Morishita for fraudulent prescriptions for DME, including power wheelchairs. The evidence showed that Wijegunaratne wrote prescriptions for power wheelchairs and other DME that Medicare beneficiaries did not need and sometimes never used. After receiving prescriptions from Wijegunaratne and Morishita, Onyeabor and others used the prescriptions to fraudulently bill Medicare for the medically unnecessary DME.
At trial, several Medicare beneficiaries testified that they were lured to medical clinics with the promise of free items such as vitamins and juice, only to receive power wheelchairs that they did not need and did not want. The beneficiaries further testified that their attempts to reject delivery of the power wheelchairs from Onyeabor’s supply company were unsuccessful.
As a result of this fraud scheme, Onyeabor, Wijegunaratne and others submitted and caused the submission of approximately $1.5 million in false and fraudulent claims to Medicare, and received almost $1 million on those claims.
At sentencing, scheduled for Sept. 9, 2013, Onyeabor, Wijegunaratne and Morishita face a maximum penalty of 10 years in prison and a $250,000 fine for each count.
The case is being prosecuted by Assistant Chief Benton Curtis and Trial Attorneys Fred Medick and Alexander Porter of the Criminal Division’s Fraud Section. The case was investigated by the FBI and the Los Angeles Region of HHS-OIG.
The case was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Central District of California. The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers. To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
South Florida Women Sentenced in Identity Theft Tax Refund Fraud Scheme Involving the Filing of Approximately 2,000 Fraudulent Tax Returns Seeking $11 Million Dollars in RefundsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), Miami Field Office, and Paula Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, announced the sentencing of Alci Bonannee, 36, of Fort Lauderdale, and Sonyini Clay, 40, of Miami Gardens, for their roles in an identity theft tax refund fraud scheme. Bonannee was sentenced to 317 months in prison to be followed by three years of supervised release. Clay was sentenced to 121 months in prison to be followed by three years of supervised release. Judge James I. Cohn also ordered Bonannee to pay $1,908,182 in restitution to the Internal Revenue Service.
On January 28, 2013, Bonannnee was convicted at trial of conspiracy to defraud the government with respect to claims (18 U.S.C. § 286), filing false claims (18 U.S.C. § 287), wire fraud (18 U.S.C. § 1343), and aggravated identity theft (18 U.S.C. § 1028A). On January 13, 2013, Clay pled guilty to conspiracy to defraud the government with respect to claims (18 U.S.C. § 286) and aggravated identity theft (18 U.S.C. § 1028A).
According to testimony and evidence presented at trial, Bonannee, Clay and co-defendant Chante Mozley, engaged in a large scale identity theft tax fraud scheme that operated from December 2010 through June 2012. During the course of the fraud scheme, there were approximately 2,000 fraudulent tax returns submitted to the Internal Revenue Service for payment seeking $11 million dollars in refunds. The Department of Treasury paid out approximately $3.5 million dollars into bank accounts held in the name of and controlled by the defendants, who withdrew approximately $1.9 million in cash.
According to testimony and evidence presented at trial, Bonannee filed a majority of the fraudulent tax returns from her house and other locations. Bonannee filed many of these fraudulent returns using compromised personal identification information obtained from a nurse at a local hospital. Clay filed several hundred fraudulent tax returns form her house and other locations.
On March 29, 2013, after having pled guilty to conspiracy to file fraudulent claims (18 U.S.C. § 286), U.S. District Judge James I. Cohn sentenced Mozley to 42 months imprisonment to be followed by three years of supervised release after having pled guilty to conspiracy to file fraudulent claims. Mozley was also ordered to pay restitution in the amount of $1,908,182.00 to the Internal Revenue Service.
Mr. Ferrer commended IRS-CID and USSS for their work on the case. The case is being prosecuted by Assistant U.S. Attorneys Michael N. Berger and Wilfredo Fernandez.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Souderton Man Charged with Illegal ReentryRead the Press Release
Irving Cruz-Sermeno, a/k/a “Irving Cruz,” a/k/a “Irving Miuricio Cruz,” a/k/a “Irving Mauricio Cerden Cruz,” a/k/a “Irvining Miuricio Cruz,” 22, of Souderton, Pennsylvania, was charged today by Indictment with one count of illegal reentry after deportation, announced United States Attorney Zane David Memeger. The indictment alleges that on or about April 9, 2013, Cruz-Sermeno, an alien, and native and citizen of Guatemala, was found in the United States after having been deported from the United States on or about February 24, 2011.
If convicted the defendant faces a maximum possible sentence of twenty years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”) and is being prosecuted by Special Assistant United States Attorney Mark T. Sendek.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Sentences for April 22- 25, 2013Read the Press Release
Darwin Haar, 45, of Glenrock, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on April 25, 2013, for conspiracy to possess with intent to distribute, and to distributing 500 grams or more of methamphetamine. Haar was arrested in Cheyenne, Wyoming. He received 100 months of imprisonment, to be followed by five years of supervised release and was ordered to pay a $100.00 special assessment and a $900.00 fine. This case was investigated by the Wyoming Division of Criminal Investigation.
James William Goelz, 75, of Wheatland, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on April 24, 2013, for possession of child pornography. Goelz was arrested in Wheatland, Wyoming. He received two months of imprisonment, to be followed by ten years of supervised release and was ordered to pay a $100.00 special assessment and a $400.00 fine. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force.
Nicolas Counts, 26, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on April 24, 2013, for being a felon in possession of firearms. Counts was arrested in Casper, Wyoming. He received 37 months of imprisonment, to be followed by three years of supervised release and was ordered to pay a $100.00 special assessment and a $400.00 fine. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Marcus Ernell Morris, 33, of Cheyenne, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on April 24, 2013, for conspiracy to possess with intent to distribute 273.2 grams of methamphetamine. Morris was arrested in Cheyenne, Wyoming. He received 120 months of imprisonment, to be followed by eight years of supervised release and was ordered to pay a $100.00 special assessment and a $500.00 fine. This case was investigated by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration.
Raul Gonzalez, 28, of Mexico, was sentenced by Federal District Court Judge Scott W. Skavdahl on April 24, 2013, for illegal re-entry of a previously deported alien into the United States. Gonzalez was arrested in Cheyenne, Wyoming. He received 46 months of imprisonment, to be followed by two years of supervised release, was ordered to pay a $100.00 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Corey T. Femling, 26, of Glenrock, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on April 23, 2013, for being an unlawful user of a controlled substance in possession of a firearm. Femling was arrested in Glenrock, Wyoming. He received two years probation and was ordered to pay a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Thomas Fournier, 41, of Casper, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on April 22, 2013, for bank fraud. Fournier was arrested in Casper, Wyoming. He received time served, to be followed by three years of supervised release, was ordered to pay a $100.00 special assessment, a $4,000.00 fine and restitution in the amount of $21,833.54. This case was investigated by the Federal Bureau of Investigation.
Mitchell Gilliam, 43, of Green River, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on April 22, 2013, for being a felon in possession of ammunition. Gilliam was arrested in Green River, Wyoming. He received 180 months of imprisonment, to be followed by three years of supervised release and was ordered to pay a $100.00 special assessment and a $500.00 fine. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Rosebud Man Indicted for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.
Jason Riley, age 35, was indicted by a federal grand jury on November 8, 2011. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 24, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 10 years’ in custody, 3 years’ of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Riley is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Riley was released to a third party custodian pending trial. A trial date has not been set.
Renton Man Arrested for Selling Counterfeit Chihuly ArtRead the Press Release
A 35-year-old Renton, Washington, man was arrested today for trafficking in counterfeit goods related to his advertising and sale of artwork attributed to renowned artist Dale Chihuly, announced U.S. Attorney Jenny A. Durkan. MICHAEL LITTLE was arrested this morning following an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). LITTLE will make his initial appearance in U.S. District Court at 1:30 this afternoon.
According to the criminal complaint filed in the case, in 2011 and 2012, LITTLE offered for sale or sold various pieces of glass art and paintings that he represented were the work of Dale Chihuly. LITTLE marketed the works via eBay. The artworks bore a signature that appeared to be Chihuly’s and LITTLE provided paperwork that he said authenticated the pieces as the work of Dale Chihuly. However, an expert in Chihuly’s work examined the pieces at the request of the purchaser and determined they were fakes. The papers that were supposed to authenticate the works were also allegedly forged.
Trafficking in counterfeit goods is punishable by up to ten years in prison and a $250,000 fine.
The charges contained in the criminal complaint 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 was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Matthew Diggs.
Redfield Woman Sentenced for Theft of Government FundsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Redfield, South Dakota woman convicted of Theft of Government Funds and Misuse of Benefits by a Representative Payee was sentenced on April 23, 2013 by U.S. District Judge Charles B. Kornmann.
Jana Harford, age 40, was sentenced to 1 year of unsupervised probation, $7,433.90 in restitution, and a $200 special assessment.
Harford was indicted by a federal grand jury on February 14, 2012. A jury found her guilty on both counts on October 23, 2012.
The conviction is a result of the Defendant defrauding the Old Age, Survivor, and Disability Insurance Program administered by the Social Security Administration. Harford misused Title II disability benefits she received as the representative payee between December 2010 and June 2011.
This case was investigated by the Social Security Administration. First Assistant U.S. Attorney Randolph J. Seiler prosecuted the case.
Redby Felon Sentenced for Possessing A 12-gauge ShotgunRead the Press Release
MINNEAPOLIS—Yesterday in federal court, a 27-year-old Redby man was sentenced for possessing a 12-gauge, sawed-off shotgun. On April 24, 2013, United States District Court Judge John R. Tunheim sentenced Timothy Clarence Stately to 84 months in prison on one count of being a felon in possession of a firearm. Stately was indicted on April 3, 2012, and pleaded guilty on August 23, 2012.
In the plea agreement, Stately admitted that between May 29 and 31, 2011, he possessed a 12-gauge, sawed-off shotgun with an obliterated serial number. At a minimum, he had possession of the gun during the late evening of May 30, 2011, through the early morning of May 31, 2011. During that time, he admittedly participated in numerous felony offenses, including shooting into two occupied dwellings, shooting at another residence as well as a retail establishment, and burglarizing and setting fire to a trailer home. Because he is a felon, Stately is prohibited under federal law from possessing firearms or ammunition at any time. He was previously convicted of second-degree assault with a dangerous weapon.
This case was the result of an investigation by the Red Lake Tribal Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant U.S. Attorney Jeffrey S. Paulsen.Propietario En Delano Sentenciado A 60 AÑos De Prision Por Producir Pornografia Infantil Fresno, Tulare Y KernRead the Press Release
Fresno, California -- José Hernàndez-Velàzquez, de 55 años, residente de Van Nuys y dueño de una propiedad de alquiler en Delano, fue sentenciado hoy a 60 años de prisión por el Juez de Distrito de los Estados Unidos Lawrence J. O’Neill, anunció Benjamin B. Wagner Fiscal de los Estados Unidos. El 12 de diciembre de 2012, un jurado federal encontró a Hernàndez-Velàzquez culpable de 4 cargos separados de producir pornografía infantil.
El Fiscal de los Estados Unidos Wagner afirmó: “La sentencia de prisión dictada hoy, niega a Hernàndez-Velàzquez la oportunidad de depredar a màs niños. Aquellos que cometen delitos similares deben esperar por seguro que seràn encontrados, procesados y removidos de la sociedad"
“Como esta sentencia muestra con toda claridad, los predadores infantiles recibiràn la justicia que merecen por sus despreciables acciones,” dijo Michael Toms, agente residente encargado de HSI Bakersfield. “Continuaremos persiguiendo agresivamente a aquellos que depredan y explotan sexualmente a nuestros hijos. Se lo debemos a las jóvenes víctimas de estos casos, quienes llevaràn consigo las cicatrices emocionales y físicas de estos delitos durante el resto de sus vidas.”
De acuerdo con los documentos del tribunal, Hernàndez-Velàzquez produjo videos e imàgenes entre enero de 2010 y febrero de 2011 que incluían representaciones de él participando en actos sexuales con cuatro víctimas menores diferentes de edades comprendidas entre los 3 y los 14 años. De acuerdo con los registros del tribunal, la investigación comenzó con una pista dada por una persona particular. En 24 horas, los investigadores tomaron posesión de la càmara y los dispositivos de almacenamiento de datos de Hernàndez-Velàzquez, determinaron el lugar de los delitos, identificaron a las víctimas, y obtuvieron de él declaraciones incriminatorias. Los delitos se produjeron en Delano donde Hernàndez-Velàzquez era el dueño de una propiedad de alquiler.
A la conclusión de la vista de sentencia, el Juez O’Neill informó a Hernàndez-Velàzquez que era su intención que “nunca se le permitiera estar en ninguna parte cerca de un niño. Usted ha arruinado ya bastantes vidas.” Hernàndez-Velàzquez ha estado bajo custodia desde su arresto el 9 de marzo de 2011.
Este caso fue producto de una intensa investigación por parte de las oficinas del Servicio de Inmigración y Control de Aduanas de los EE.UU. (ICE) de Bakersfield y Los Ángeles, La Oficina de Investigaciones de Seguridad Nacional (HSI), el Departamento de Policía de Los Ángeles, y el Departamento de Policía de Delano. El Fiscal Adjunto de los EE.UU., Brian W. Enos, procesó el caso.
Este caso fue entablado como parte del Proyecto de Infancia Segura, una iniciativa nacional lanzada en mayo de 2006 por el Departamento de Justicia para combatir la epidemia creciente de explotación y abuso sexual de menores. Fue conducida por las Oficinas de los Fiscales de los Estados Unidos y la Sección de Explotación y Obscenidad Infantiles de la División Criminal, agentes federales del Proyecto Infancia Segura y recursos federales, estatales y locales con el fin de localizar, arrestar y procesar a aquellos que explotan sexualmente a niños, y para identificar y rescatar a las víctimas. Para màs información acerca del Proyecto Infancia Segura, por favor visite www.usdoj.gov/psc. Haga clic en la pestaña “recursos” para información sobre educación de seguridad en Internet.
Pierre Woman Indicted for Theft of Government FundsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota woman has been indicted by a federal grand jury for Theft of Government Funds.
Brandis Rose Rose, age 37, was indicted by a federal grand jury on April 12, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on April 22, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years in custody, a $250,000, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered.
The charge relates to an allegation that Rose embezzled, stole, purloined or knowingly converted to her own use Title II funds from the Social Security Administration. The charge is merely an accusation and Rose is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of the Investigator General, Social Security Administration. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Rose was released on bond pending trial. A trial date has not been set.
Photographer Indicted for Child Exploitation ViolationsRead the Press Release
Department of Justice
Office of Public AffairsSHERMAN, Texas — A 53-year-old McKinney, Texas photographer has been arrested on child exploitation charges in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Todd Fleming was indicted by a federal grand jury on Apr. 17, 2013, and charged with 24 counts of sexual exploitation of a child and one count of possession of child pornography. Fleming's initial appearance was held in TYLER before Magistrate Judge John D. Love.
According to the indictment, from 1999 to 2007, Fleming coerced or persuaded minors to engage in sexually explicit conduct for the purpose of photographing such conduct.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (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.
If convicted, Fleming faces a minimum of 15 years in federal prison for each of the exploitation charges and up to 10 years for the possession charge.
This case is being investigated by the Department of Homeland Security - Homeland Security Investigations DHS-HSI and the Texas Department of Public Safety – Criminal Investigations Division and prosecuted by Assistant U.S. Attorney Nathaniel Kummerfeld.
It is important to note that an arrest, indictment, or complaint should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.Osbie Antonio Sea Indicted for Sex Trafficking of A 14-Year Old Girl and Two OthersRead the Press Release
Memphis, TN – Osbie Antonio Sea, a/k/a “Money,” “Hard Money,” and “Mr. Money,” 30, of Memphis, TN was indicted today by a federal grand jury on one count of sex trafficking of a minor and two counts of sex trafficking by force, fraud or coercion, announced U.S. Attorney Edward L. Stanton III.
# # # #
According to information alleged in the indictment and in a criminal complaint filed on April 18, 2013, Sea used a variety of means to promote his criminal activities including flyers, Facebook pages and YouTube videos.
One of the individuals he came in contact with was a 14 year-old (identified only as M.S. to protect her identity) from a Memphis suburb. While she was shopping at a K-Mart in the Raleigh area of Memphis, Sea introduced himself to her as “Money,” handed her a flyer, and told M.S. to call him if she wanted to make some money.
A short time later, following an argument with a family member, M.S. ran away from home and called Sea. He first took her to his apartment and later to the Extended Stay America near the intersection of Kirby Parkway and Poplar Avenue. According to M.S., Sea knew she was underage, but she was instructed to tell everyone that she was 18 because “he knew he could get in trouble.”
While at the hotel, Sea instructed her on how to pose for pictures, which were posted on the internet site Backpage on March 1, 2013, the day after she had called him. M.S. stated she had had intercourse with at least two individuals and that Sea had taken all the money.
On April 15, 2013, officers of the Memphis Police Department responded to an incident at Sea’s apartment between Sea and L.C. (the mother of his child and another sex trafficking victim). L.C.’s sister alleged that Sea and L.C argued over a car they had recently purchased. During the argument, Sea struck L.C. with his fist and knocked her on the bed. At that point, he climbed on top of her and began to choke her with his hands. When L.C.’s sister arrived and they attempted to leave, Sea grabbed the couple’s four-month old child and began choking the child by squeezing the child’s throat between his forearm and chest.
He then jumped over the car to attack L.C.’s sister, threatening to “smash her face in and break her jaw.” L.C.’s sister stabbed Sea in the arm, which gave her, L.C., and the child time to get into the car, lock themselves in, and wait for the police to arrive. If convicted, Sea faces a minimum of 15 years in prison, and could receive up to life in prison.
This case was investigated by FBI and the Memphis Police Department. Assistant United States Attorney Jonathon Skrmetti is representing the government.
The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Ocala Man Facing 15 Years to Life in Federal Prison for Possession of A Firearm and AmmunitionRead the Press Release
Ocala, Florida - United States Attorney Robert E. O'Neill announces that Roberto Jesus Acosta (54, Cuba) yesterday pleaded guilty to possession of a firearm and ammunition affecting interstate commerce by a convicted felon. Acosta faces a minimum mandatory sentence of 15 years, up to life in federal prison for the offense. A sentencing date has not yet been set.
According to court documents, members of the Ocala Police Department executed a search warrant at Acosta's apartment on February 2, 2013, after learning that Acosta had just purchased a 50-round box of ammunition at a local retailer. Video footage from the business showed Acosta buying the box of .25 caliber ammunition earlier that same day. During the search of the apartment, officers recovered the box of ammunition, a .25 caliber handgun and three other rounds of ammunition. The box of ammunition had been secreted inside of an air conditioning unit. When interviewed by the officers, Acosta admitted that he had purchased the box of ammunition "for a neighbor."
Acosta has prior state convictions for manslaughter, burglary, aggravated assault and possession of a firearm by a convicted felon. As a previously convicted felon, he is prohibited from possessing firearms or ammunition under federal law. Furthermore, because Acosta's prior criminal record includes several crimes of violence, he qualifies for enhanced sentencing as an Armed Career Criminal under federal law.
This case was jointly investigated by the Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney Robert E. O’Neill, along with Julie Torres, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
North Dakota Man Sentenced on Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Ft. Yates, North Dakota man convicted of Assault With a Dangerous Weapon was sentenced on April 23, 2013 by U.S. District Judge Charles B. Kornmann.
Andrew Ramsey, age 27, was sentenced to 57 months custody, 3 years of supervised release and a $100 special assessment.
Ramsey was indicted for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury in August of 2012. On November 16, 2012, he pled guilty to Count I of the Indictment.
The conviction stems from an incident on July 14, 2012, which occurred at a home the Defendant shared with the victim. The couple began arguing and the Defendant chased after the victim with a knife, ultimately stabbing the victim in the abdomen. As a result of the assault the victim was hospitalized and required surgery to repair her injuries.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley prosecuted the case.
Ramsey was immediately turned over to the custody of the U.S. Marshal.
North Dakota Man Pleads Guilty to Transportation of Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that Quentin Edward Doerr, age 40, of Bismarck, North Dakota appeared before U.S. District Judge Charles B. Kornmann on April 23, 2013 and pled guilty to the charge of transportation of child pornography. The maximum penalty upon conviction is 20 years in prison with a minimum of 5 years in prison, a $250,000 fine, or both.
In January of 2012, Doerr possessed video recorded depictions of himself engaged in sexually explicit conduct with a minor female. Doerr traveled from South Dakota to his home in North Dakota with the video file of child pornography in his computer.
The investigation was conducted by the Spink County Sheriff's Office, the Bismarck Police Department, the Federal Bureau of Investigation, and the South Dakota Division of Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
A presentence investigation was ordered and a sentencing date was set for July 29, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Nicholson Man Pleads Guilty to Producing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 33-year-old Nicholson resident pleaded guilty today before U.S. District Court Judge Robert D. Mariani to producing and attempting to produce child pornography.
According to United States Attorney Peter J. Smith, Alfred Kenvyn admitted to persuading a nine-year-old girl to engage in sexually explicit conduct on an X-box web cam session between July and September 2012, and admitted to attempting to persuade an 11-year-old girl to engage in similar conduct in early 2012.
The charge against Kenvyn resulted from an investigation by the Federal Bureau of Investigation and the Blooming Grove, New York Police Department.
Under the terms of the plea agreement that was filed in the case, prosecutors and the defendant have agreed to recommend that Kenvyn be sentenced to 13 years in prison to be followed by supervised release for life. Sentencing will take place in July 2013. Kenvyn remains in prison while awaiting sentencing.
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 internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
New Jersey Investor Pleads Guilty for Role in Bid-Rigging Scheme at Municipal Tax Lien AuctionsRead the Press Release
A financial investor who purchased municipal tax liens pleaded guilty today for his role in a conspiracy to rig bids for the sale of tax liens auctioned by municipalities in New Jersey, the Department of Justice announced.
A felony charge was filed today in U.S. District Court for the District of New Jersey in Newark, against Norman T. Remick, of Barnegat, N.J. According to the charge, from in or about the beginning of 2007 until approximately February 2009, Remick participated in a conspiracy to rig bids at auctions for the sale of municipal tax liens in New Jersey by agreeing to allocate among certain bidders which liens each would bid on. The department said that Remick proceeded to submit bids in accordance with the agreements and purchased tax liens at collusive and non-competitive interest rates.
“The conspirators illegally met and engaged in anticompetitive discussions to allocate bids amongst themselves at tax lien auctions in New Jersey, depriving distressed homeowners of competitive interest rates at a time when they most needed them,” said Scott D. Hammond, Deputy Assistant Attorney General for the Antitrust Division’s criminal enforcement program. “Prosecuting these types of bid-rigging schemes remains a top priority for the division.”
The department said that the primary purpose of the conspiracy was to suppress and restrain competition in order to obtain selected municipal tax liens offered at public auctions at non-competitive interest rates. When the owner of real property fails to pay taxes on that property, the municipality in which the property is located may attach a lien for the amount of the unpaid taxes. If the taxes remain unpaid after a waiting period, the lien may be sold at auction. State law requires that investors bid on the interest rate delinquent property owners will pay upon redemption. By law, the bid opens at 18 percent interest and, through a competitive bidding process, can be driven down to zero percent. If a lien remains unpaid after a certain period of time, the investor who purchased the lien may begin foreclosure proceedings against the property to which the lien is attached.According to the court documents, Remick was involved in a conspiracy with others not to bid against one another at municipal tax lien auctions in New Jersey. Since the conspiracy permitted the conspirators to purchase tax liens with limited competition, each conspirator was able to obtain liens that earned a higher interest rate. Property owners were, therefore, made to pay higher interest on their tax debts than they would have paid had their liens been purchased through open and honest competition, the department said.
A violation of the Sherman Act carries a maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine for a Sherman Act violation may be increased to twice the gain derived from the crime or twice the loss suffered by the victims if either amount is greater than the $1 million statutory maximum.Today’s plea is the 12th guilty plea resulting from an ongoing investigation into bid rigging or fraud related to municipal tax lien auctions. Eight individuals – Isadore H. May, Richard J. Pisciotta Jr., William A. Collins, Robert W. Stein, David M. Farber, Robert E. Rothman, Stephen E. Hruby and David Butler – and three companies – DSBD LLC, Crusader Servicing Corp. and Mercer S.M.E. Inc. – have previously pleaded guilty as part of this investigation.
Today’s charge was brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.StopFraud.gov.
This ongoing investigation is being conducted by the Antitrust Division’s New York Office and the FBI’s Atlantic City, N.J., office. Anyone with information concerning bid rigging or fraud related to municipal tax lien auctions should contact the Antitrust Division’s New York Field Office at 212-335-8000, visit www.justice.gov/atr/contact/newcase.htm or contact the Atlantic City Resident Agency of the FBI at 609-677-6400.
New Challenges. New SolutionsRead the Press Release
U. S. ATTORNEY’S OFFICE FOR THE DISTRICT OF ARIZONA OBSERVES NATIONAL CRIME VICTIMS’ RIGHTS WEEKPhoenix - U.S. Attorney John S. Leonardo announced that several individuals were honored for outstanding service to crime victims in an awards ceremony hosted by the U.S. Attorney’s Office on April 25, 2013. These awards were presented in conjunction with the observance of National Crime Victims’ Rights Week, April 21-27, 2013. This year’s theme, “,” focuses on the need to be innovative and flexible in our efforts to assist and serve each and every victim in need of hope and help.
The recipients of this year’s awards were Navajo Nation Officer Vernon Begay for his courage and bravery; The Colorado River Indian Tribes Multi-Disciplinary Team; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations Special Agents William “Cody” Nuckles and Greg Kelly; U.S. Postal Inspector David Birch, and U.S. Attorney’s Office Victim Witness Specialist Mary Williams.
“The U.S. Attorney’s Office is deeply committed to assisting victims of federal crimes, ensuring they are afforded their rights under the Crime Victims’ Rights Act, protecting them from further harm, and helping them reshape their futures,” said U.S. Attorney John S. Leonardo. “This week is a time to raise awareness about the rights and needs of crime victims, the challenges victims face in the recovery process, and the positive impact of those who provide services and support to victims.”
The U.S. Attorney’s Office also honored families who lost a loved one to a crime of violence. Victims recognized during the ceremony included Sergeant Darrell Curly of the Navajo Nation, Mat Stauffer, Jr. of the San Carlos Apache Indian Reservation, and Lorena Mae Martin of the Navajo Nation.
The Crime Victims’ Rights Act (CVRA), enacted in 2004, grants victims in federal criminal proceedings certain enforceable rights, including the right to be reasonably heard at public court proceedings and to receive full and timely restitution as provided by law. The District of Arizona has a dedicated Victim Witness Unit that serves federal crime victims across the District’s 15 counties. Members of this unit notify victims of significant case events through the Department of Justice’s Victim (DOJ) Notification System (VNS) and help victims to understand their rights. Such notice enables victims to participate in court proceedings and make their voices heard. According to Department of Justice Statistics, in Fiscal Year (FY) 2012, the U.S. Attorneys’ offices provided notice of over 12.2 million case events, including notices regarding criminal charges filed, plea hearings, bond hearings and sentencing hearings.
Notification of significant case events leads to increased victim participation in court proceedings and accompanying victims to court provides support and guidance during these proceedings.
In addition to notification and court accompaniment, the District of Arizona’s Victim Witness Unit provides essential services to victims, such as making referrals for counseling, securing temporary housing, and assisting victims with compensation resources. These services provide tools victims need to reshape their futures.
Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/.
RELEASE NUMBER: 2013-035_CVRW
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Mortgage Broker Pleads Guilty to $100 Million Loan Origination Fraudfourth Defendant to Plead Guilty in Scheme That Led to $14.5 Million in KickbacksRead the Press Release
United States Attorney Laura E. Duffy and Federal Housing Finance Agency Inspector General Steve A. Linick announced today that Mary Armstrong, an unlicensed mortgage broker who operated a nationwide loan origination fraud and kickback scheme from San Diego, pled guilty today before United States District Judge John A. Houston to all five counts of an indictment charging her with wire fraud, money laundering, and conspiracy. Armstrong was indicted on May 10, 2012, and apprehended in Las Vegas, Nevada, in July 2012; she has been held in custody since her arrest.
As part of today's guilty plea, Armstrong admitted that she defrauded mortgage lenders by arranging for the sale of $100 million worth of real estate at inflated prices, and then siphoned the overpayments to bank accounts she controlled. She created false loan applications on behalf of straw buyers, then arranged for her co-conspirators to create fake documents in support of those applications, including W-2 forms, pay stubs, bank statements, and other records. According to Armstrong's accountant and tax preparer, Audrey Yeboah, who pled guilty in October 2012 to participating in the same scheme, Armstrong collected over $14.5 million in kickbacks from the fraudulently-obtained mortgage loans.
Armstrong joins defendants Teresa Rose, a Ramona real estate agent; Seattle businessman Justin Mensen; and Yeboah; each of whom has pled guilty to participating in the scheme. These defendants admitted that they carried out their scheme by recruiting "investors" through the Internet and advertisements in the LA Times, and offering them the opportunity to purchase homes located in Southern California, Washington state, and elsewhere. In reality, these so-called "investors" were nothing more than straw buyers who were promised $10,000 for each property purchased as part of the scheme. The defendants were able to secure mortgages for the properties by falsifying loan applications for the straw buyers, falsely claiming exorbitant income from fake employers and using fake W-2s and pay stubs to support the claims. The defendants submitted these fraudulent loan applications to mortgage lenders to obtain 100% financing - and thus avoided having to make any down payment on the properties.
According to the defendants' plea agreements, they profited on these fraudulently-acquired mortgage loans by inflating the purchase price of the properties by $100,000 (or more), and having the straw borrowers kick-back to them the illicit proceeds. Although the conspirators claimed to lenders that the extra money would be used for construction improvements, in fact, the conspirators funneled the money to sham "construction" companies that they controlled, thereby concealing their kick-backs.
Armstrong admitted that after the conspirators collected the overpayments, the straw buyers defaulted on the mortgage loans, resulting in mortgage lenders and secondary purchasers, including Fannie Mae and Freddie Mac, suffering losses of up to $20 million.
Two additional defendants charged as part of the scheme, John Allen and William Fountain, are scheduled to begin trial on November 5, 2013. The public is reminded that an indictment is not evidence that the defendants committed the crimes charged. The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.
United States Attorney Duffy commented, “Armstrong's fraudulent conspiracy endangered not only the particular lenders ensnared in her scheme, but every American who subsequently suffered from the destabilization of the housing and financial sectors. And the country's taxpayers were ultimately left 'holding the bag' when forced to bail out Fannie Mae and Freddie Mac. Today's guilty plea is another important step in this Office's aggressive prosecution of such financial frauds, and the vindication of all Americans who have suffered in the recent financial crisis.”
FBI Special Agent in Charge Daphne Hearn commented, “Mortgage fraud losses cost taxpayers billions of dollars every year and is a threat to our national economy. The FBI will continue to dedicate substantial amount of expert resources to investigate these crimes.”
United States Attorney Duffy reminded the community that anyone with information relating to these charges should contact the San Diego branch of the Federal Bureau of Investigation at (858) 565-1255, or the Federal Housing Finance Agency - Office of Inspector General hotline at (800) 793-7724.
A sentencing hearing is scheduled for Armstrong before Judge Houston on August 12, 2013, at 8:30 a.m.
DEFENDANTS Criminal Case No. 12CR1848-JAH Mary Armstrong
Teresa Rose
William Fountain
John Allen SUMMARY OF CHARGESCount 1: Title 18, U.S.C., Section 371 -- Conspiracy to Commit Wire Fraud and to Launder
Money; Maximum Penalty: 5 years custody, a maximum fine of $250,000 or twice the gain derived from or loss caused by the offense, and $100 special assessment. (All Defendants)Count 2: Title 18, U.S.C., Section 1343 -- Wire Fraud; Maximum Penalty: 20 years custody, a maximum fine of $250,000 or twice the gain derived from or loss caused by the offense, and $100 special assessment. (Mary Armstrong)
Counts 3-5: Title 18, U.S.C., Section 1956 (a)(1)(B)(I) -- Money Laundering; Maximum
DEFENDANT Criminal Case No. 12CR1458-JAH Justin Mensen SUMMARY OF CHARGES Title 18, U.S.C., Section 371 -- Conspiracy to Commit Wire Fraud and to Launder Money;
Penalty: 15 years' custody, a maximum fine of $500,000 or twice the value of the property involved in the transaction, and $100 special assessment. (Mary Armstrong)
Maximum Penalty: 5 years custody, a maximum fine of $250,000 or twice the
gain derived from or loss caused by the offense, and $100 special assessment. DEFENDANT Criminal Case No. 12CR4322 -JAH Audrey Yeboah SUMMARY OF CHARGES Title 18, U.S.C., Section 1343 -- Wire Fraud; Maximum Penalty: 20 years custody, a maximum fine of $250,000 or twice the gain derived from or loss caused by the offense, and $100 special assessment. INVESTIGATING AGENCIESFederal Bureau of Investigation
Federal Housing Finance Agency-Office of Inspector GeneralMinneapolis Felon Indicted for Possessing A Nine-millimeter Pistol as Well as HeroinRead the Press Release
MINNEAPOLIS—Recently in federal court, a 59-year-old Minneapolis felon was indicted for possessing a nine-millimeter pistol as well as heroin. On April 22, 2013, Robert Lee Powers was specifically charged with one count of being a felon in possession of a firearm and one count of possession with intent to distribute heroin. Earlier today, Powers had his initial appearance in federal court.
The indictment alleges that on March 18, 2013, Powers possessed the pistol as well as a detectable amount of heroin. Because he is a felon, he is prohibited under federal law from possessing a firearm at any time. He was previously convicted in Hennepin County for third-degree sale of crack cocaine (1989), offering a forged check (1992), fourth-degree sale of crack cocaine (1992), attempted first-degree criminal sexual conduct (1992), a third-degree controlled substance crime (2000), an attempted fifth-degree controlled substance crime (2004 and 2005), a fifth-degree controlled substance crime (2008 and 2009), and theft of a motor vehicle (2009). In addition, Powers was convicted in Washington County for conspiracy to commit a controlled substance crime (1996) and being a predatory offender providing false information (2005).Because at least three of these convictions constituted violent crimes or major drug crimes, Powers is subject to the federal Armed Career Criminal Act. That act mandates a minimum of 15 years in federal prison for anyone subsequently convicted under federal law for being a felon in possession of a firearm or ammunition. In addition, Powers faces a potential maximum penalty of 20 years in federal prison for possession with intent to distribute heroin. Any sentences will be determined by a federal district court judge.
This case is the result of an investigation by the Minneapolis Police Department and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The case was charged federally through Project Exile Minneapolis. That law enforcement initiative was launched on July 22, 2010, as part of a city-wide effort to reduce gun violence. Through Project Exile, the Minneapolis Police Department and the ATF work together to apprehend serial criminals for violations of gun laws. Then, the Hennepin County Attorney’s Office teams up with the U.S. Attorney’s Office to determine where those offenders will most effectively be prosecuted – state or federal court. Those determinations are based on the offenders’ criminal histories and current charges, among other factors. To date, the U.S. Attorney’s Office has brought charges against more than a dozen serious habitual criminals through Project Exile Minneapolis.
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.Minneapolis Felon Indicted for Possessing A .38-caliber RevolverRead the Press Release
MINNEAPOLIS—A federal indictment unsealed yesterday charges a 28-year-old Minneapolis felon with possessing a .38-caliber revolver. The indictment, which was filed on April 22, 2013, charges Paul McCurry with one count of being a felon in possession of a firearm. The indictment was unsealed following McCurry’s initial appearance in federal court.
The indictment alleges that on March 26, 2013, McCurry possessed the handgun. Because he is a felon, McCurry is prohibited under federal law from possessing a firearm at any time. McCurry was previously convicted in Hennepin County for aggravated robbery (2005), fleeing police in a motor vehicle (2005), and domestic assault by strangulation (2008). Because those convictions constituted crimes of violence, McCurry is now subject to the federal Armed Career Criminal Act. That act mandates a minimum of 15 years in federal prison for anyone subsequently convicted in federal court for being a felon in possession of a firearm or ammunition.
This case is the result of an investigation by the Minneapolis Police Department, and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant U.S. Attorney Amber M. Brennan.
The case was charged federally through Project Exile Minneapolis. That law enforcement initiative was launched on July 22, 2010, as part of a city-wide effort to reduce gun violence. Through Project Exile, the Minneapolis Police Department and the ATF work together to apprehend serial criminals for violations of gun laws. Then, the Hennepin County Attorney’s Office teams up with the U.S. Attorney’s Office to determine where those offenders will most effectively be prosecuted – state or federal court. Those determinations are based on the offenders’ criminal histories and current charges, among other factors. To date, the U.S. Attorney’s Office has brought charges against more than a dozen serious habitual criminals through Project Exile Minneapolis.
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.Mexican National Sentenced on Drug ChargeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a 35-year-old Mexican national who resided in the Reading area at the time of his arrest was sentenced to serve 10 years in prison for participating in a drug trafficking conspiracy by Senior U.S. District Court Judge A. Richard Caputo.
According to United States Attorney Peter J. Smith, Jose Luis Sandoval-Martinez previously pleaded guilty to conspiracy to distribute more than five kilograms of cocaine and more than 500 grams of methamphetamine. The drug conspiracy operated in the Schuylkill and Berks County area between August and November 2011. Sandoval-Martinez was indicted by a federal grand jury in November 2011, as a result of an investigation by the Drug Enforcement Administration.Judge Caputo also ordered that Sandoval-Martinez be placed on five years of supervised release after serving his prison sentence, and pay a $100 special assessment. Sandoval-Martinez also faces possible deportation as a result of his conviction.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Metro Gang Task Force Arrests Scores of Defendants Charged with Drug Trafficking CrimesRead the Press Release
DENVER – This morning 350 agents and officers of the Metro Gang Task Force and other agencies arrested people who have been charged by indictment for drug trafficking crimes. Thirty-three people were arrested throughout the Front Range today. Five of those indicted are already in custody on unrelated charges. There are three fugitives. In addition to the arrests, agents and officers executed a number of search warrants. Those arrested were transported to U.S. District Court in Denver where they made their initial appearance. The defendants who did not appear in court today will be taken to court tomorrow.
Earlier this week the U.S. Attorney’s Office obtained three indictments charging two unrelated drug trafficking organizations. The investigation and the indictments were obtained by the U.S. Attorney led Organized Crime Drug Enforcement Task Force (OCDETF).
The first indictment charged 19 people with cocaine and crack cocaine trafficking crimes. Many of those charged in this operation, known as “Pig Pen”, are affiliated with a local violent street gang.
The second and third indictments charged a total of 22 people with cocaine and methamphetamine trafficking crimes. This operation is known as “Xterra Range.” The second indictment charged defendants with knowingly and intentionally distribute and possess with intent to distribute 5 kilograms or more of cocaine. The third indictment charged defendants with knowingly and intentionally distribute and possess with the intent to distribute 50 grams or more of methamphetamine (actual) and 500 grams or more of a mixture containing a detectable amount of methamphetamine. The methamphetamine, most of which was 90 percent pure, was trafficked from Mexico to Colorado through California.
In one instance money was found in a sophisticated hidden compartment underneath the seat of a vehicle. In another instance, the methamphetamine was found in a hidden compartment built into the frame of a vehicle. Some of the methamphetamine was sent from California to Colorado in a liquid form, some of which was then crystallized once it arrived in Denver. This is a new way of smuggling methamphetamine into the state. Also, two defendants face federal firearm charges.
In the “Pig Pen” indictment, the following defendants have been charged:
Brandon Lee Brown
Jerrica Allen
Hubert Asberry
Marcus Baker
Brandon Dujuan Brown
Crystal Butler
Wesley Conner
Rodney Delatorre Reyna
Kent Hooks
Stephanie Kirby
Arturo Martinez
Dusty Medeiros
Jamila Powers
Sorl Shead, Jr.
Leon Simmons
Richard Stephenson
Arnell Stewart
Julian Wheeler
Leonard WrightThe highest charge each defendant faces in “Pig Pen” is knowingly and intentionally conspiring to distribute, and possess with the intent to distribute one or more of the following: 280 grams or more of crack cocaine, and 500 grams or more of cocaine. If convicted, each defendant faces a penalty of not less than 10 years, and not more than life in federal prison, as well as a fine of up to $4,000,000.
In the cocaine “Xterra Range” indictment, the following have been charged:
Marco Ontiveros
Pedro Lujano-Gonzalez
Carlos Antillon-Fernandez
Ernesto Garcia
Jose Guadalupe Morales-Martinez
Bernardino Gamillo
Juan Sandoval
Jesus Garcia-SalasThe highest charge each defendant faces is knowingly and intentionally conspiring with each other to distribute and possess with the intent to distribute 5 kilograms or more of cocaine. If convicted, each defendant faces not less than 10 years, and not more than life in federal prison, as well as a fine of up to $4,000,000.
In the methamphetamine “Xterra Range” indictment, the following have been charged:
Fernando Mendoza-Gomez
Eliseo Avalos-Torres
Pedro Lujano-Gonzalez
Carlos Salcido-Garcia
Ernesto Garcia
Raul Mendoza-Lopez
Santos Adolfo Funez
Federico Lopez
Jose Escalera-Garcia
Ruri Escalera
Quang Pham
Bernardino Gamillo
Roberto Trevino
Justin Garcias-Salas
Jamie Graham
Martin Arizmendi-Moreno
Ignacio Gomez-RodriguezIt is important to note that five of the defendants charged in the second indictment were also charged in the third indictment.
The highest charge each defendant (with the exception of the last defendant listed) faces is knowingly and intentionally conspiring with each other to distribute and possess with the intent to distribute 50 grams or more of methamphetamine (actual) and 500 grams or more of a mixture containing methamphetamine. If convicted, each defendant, except the last one listed, faces not less than 10 years, and not more than life in federal prison, as well as a fine of up to $4,000,000.
Each indictment also contains an asset forfeiture allegation. The allegation states that upon conviction, the defendants shall forfeit to the United States any and all property, real or personal, involved in such offense, or any property traceable to such property, including but not limited to a money judgment in the amount of proceeds involved in the offense.
The Metro Gang Task Force is comprised of the following agencies: Denver Division of the Federal Bureau of Investigation, Homeland Security Investigations, Adams County Sheriff's Office, Arapahoe County Sheriff's Office, Aurora Police Department, Colorado National Guard, Commerce City Police Department, Denver District Attorney's Office, Denver Police Department, Englewood Police Department, Jefferson County Sheriff's Office, Rocky Mountain HIDTA and the Thornton Police Department.
In addition, the U.S. Marshals Service and the Greeley Police Department provided assistance with arresting some of the defendants. Further, the Arapahoe County Social Services and the Adams County Social Services are also assisting with the takedowns.
The “Pig Pen” case is being prosecuted by Assistant U.S. Attorney Susan Knox. The “Xterra Range” cases are being prosecuted by Assistant U.S. Attorney Kasandra Carleton.
The charges contained in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
####
Merchant Mariner Pleads Guilty to Transportation of Child PornographyRead the Press Release
NORFOLK, Va. – David Tallman, 53, a merchant mariner on the USNS Laramie stationed in Norfolk, Va., has pleaded guilty to transportation of child pornography.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and John P. Torres, Special Agent in Charge for U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Washington, D.C., made the announcement after the plea was accepted by United States Magistrate Judge Douglas Miller.
Tallman was indicted on February 21, 2013, by a federal grand jury on charges of transportation, receipt and possession of child pornography. Tallman faces a minimum penalty of 5 years in prison and a maximum penalty of 20 years in prison when he is sentenced on July 24, 2013.
According to a statement of facts filed with his plea agreement, Tallman was identified as making payments to persons in the Philippines for live streaming videos and images of child pornography. Tallman would chat with the women online, and they would live-stream pornographic images of themselves and of the sexual abuse of minors on the Internet or send him images by e-mail. Tallman had a large collection of child pornography with him at the time of port entry into Norfolk and most of the children appeared to be of Pacific Asian descent.
This case was investigated by Homeland Security Investigations. Assistant United States Attorney Elizabeth M. Yusi is prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.McLaughlin Man Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Verle Janis a/k/a Verl Janis, age 31, of McLaughlin, South Dakota appeared before U.S. District Judge Charles B. Kornmann on April 23, 2013 and pled guilty to a Superseding Information that charged him with Assaulting, Resisting and Impeding a Federal Officer. The maximum penalty upon conviction is 8 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 3 years.
The conviction stems from an incident in January of 2013 when a Bureau of Indian Affairs (BIA) officer was dispatched to the Bear Soldier West housing project in McLaughlin. Upon arrival, he observed several individuals in the residence and requested a warrant check. He was advised that Janis was on probation with conditions that prohibited alcohol. When the officer attempted to place the Defendant in handcuffs, he became uncooperative and refused to comply. The BIA Officer removed his taser and the Defendant momentarily complied and was placed in the back seat of the patrol unit.
The BIA Officer then secured several personal items left in the house by the Defendant and upon opening the back door to the patrol unit, was kicked in the shoulder by the Defendant. The BIA Officer was forced to remove the Defendant from the patrol unit in order to place him in leg restraints. As he attempted to secure the Defendant, the Officer was kicked in the leg several times.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. The case is being prosecuted by Assistant U.S. Attorney Troy Morley.
A presentence investigation was ordered and a sentencing date was set for July 22, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Martin Lee Roman Nose Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on April 25, 2013, before U.S. District Judge Richard F. Cebull, MARTIN LEE ROMAN NOSE, a 23-year-old resident of Ashland and an enrolled member of the Northern Cheyenne Tribe, pled guilty to sexual abuse of a minor. A sentencing date will be set at a later time. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On October 27, 2011, ROMAN NOSE and his girlfriend came across the 15-year-old victim and took her to their apartment. All three were drinking during the walk to the apartment and at the apartment. At some point, ROMAN NOSE and his girlfriend started to fight. ROMAN NOSE eventually locked her out of the apartment.
ROMAN NOSE and the victim were left alone in the apartment. ROMAN NOSE followed the victim into a bedroom, drank with her, and then sexually abused her.
ROMAN NOSE was interviewed twice. He initially denied sexually abusing the victim. However later he admitted that he did, but recanted again saying that he only made the admission because he believed it was what the agents wanted him to say.
ROMAN NOSE faces possible penalties of 15 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Marijuana Trafficking via Intracoastal Waterway Sends Kingsville Man to PrisonRead the Press Release
CORPUS CHRISTI, Texas - Michael "Mickey" Pena, 46, of Kingsville, has been ordered to prison following his conviction of conspiring to possess with the intent to distribute in excess of 100 kilograms of marijuana, United States Attorney Kenneth Magidson announced today. A federal jury convicted Pena on Feb. 4, 2013, after less than one day of trial and only 30 minutes of deliberation.
Today, Senior U.S. District Judge Janis Graham Jack, who presided over the trial, handed Pena a sentence of 97 months. Pena asked the court’s forgiveness and stated he had fallen on hard economic times. In handing down the sentence, Judge Jack told Pena that “you have choices when you go down this road.” She further noted that even though he was a minor participant in the conspiracy, she would not impose a more lenient sentence because Pena perjured himself at trial and did not accept responsibility until after the jury’s verdict. Pena will be required to serve a term of four years of supervised release following completion of the prison term.
During trial, the government proved Pena participated in a drug trafficking organization that transported large amounts of marijuana concealed in the hulls of altered shallow-bottom fishing boats. The drugs were transported via the intra-coastal waterway from Port Mansfield to Corpus Christi in an effort to circumvent Border Patrol checkpoints in Falfurrias and Sarita. Testimony revealed that in early 2012, organization members deconstructed a 21-foot Dargel Scout fishing boat, loaded the hull of the vessel with more than 1,100 pounds of marijuana and rebuilt the deck of the boat over the course of 20 days. The boat was then launched in Port Mansfield. Co-defendant Rogelio Mendoza then drove it north in the intracoastal waterway. Marine interdiction agents with Customs and Border Protection intercepted the vessel just south of Corpus Christi.
Subsequent investigation revealed that Pena, who arrived at marker 37 with an empty boat trailer shortly after the boat was intercepted, had registered the vessel in his name two weeks earlier. Certified state documents showed that the previous owner of both the boat and the empty trailer were members of the organization. Agents also testified that they had conducted surveillance of organization members scouting boat ramps near marker 37 about six weeks before the seizure and then immediately drove to Pena’s Kingsville residence.
Mendoza, 38, and five other members of the conspiracy have previously pleaded guilty before U.S. district judges in Corpus Christi and have been or are awaiting sentencing. Those include Alberto Lopez aka Alberto Lopez-Reyna, 40, Lombardo Zarate, 50, Glen Dial, 57, Luz Ramirez, 26, and Hector Perez-Gonzalez, 40.The case was investigated by Homeland Security Investigations with the assistance of the Kingsville Narcotics Task Force. The case was prosecuted by Assistant United States Attorney Jeffrey D. Preston.
Manhattan U.S. Attorney Files Civil Rights Lawsuit Against Architect and Developers to Improve Accessibility in Manhattan Apartment BuildingRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States filed a federal civil rights lawsuit in Manhattan federal court alleging that 2 Gold Street, a residential apartment building in Manhattan, is inaccessible to persons with disabilities. The suit alleges that AVINASH K. MALHOTRA ARCHITECTS, AVINASH K. MALHOTRA, TF CORNERSTONE INC., TF CORNERSTONE PROPERTIES LLC, and 2 GOLD L.L.C. violated the design and construction provisions of the federal Fair Housing Act, which require that new multi-family housing complexes include certain features accessible to persons with disabilities. The United States simultaneously settled the case against the developer-defendants, TF CORNERSTONE INC., TF CORNERSTONE PROPERTIES LLC, and 2 GOLD L.L.C., pursuant to a consent decree approved yesterday by U.S. District Judge Robert P. Patterson. The suit against 2 Gold Street’s architects, AVINASH K. MALHOTRA ARCHITECTS and AVINASH K. MALHOTRA, is still pending.
Manhattan U.S. Attorney Preet Bharara said: “We will not allow architects and developers to cut corners at the expense of people with disabilities in order to increase their profits, or for any reason. This suit represents our Office’s continued commitment to holding accountable those who fail to design and construct accessible housing in accordance with federal law, and to seeking settlements that provide legally required accommodations for individuals with disabilities and compensation for those who have been deprived of fair housing.”
According to the allegations contained in the Complaint:
2 Gold Street, a 650-unit building located in Manhattan, was designed and constructed with multiple inaccessible features, including insufficient space in bathrooms and kitchens for people in wheelchairs; high thresholds interfering with accessible routes; sinks, ranges, outlets, and mailboxes not fully usable by people in wheelchairs; and protruding objects not detectable by canes used by people with visual impairments. Inaccessible features at 2 Gold Street were first brought to the attention of the United States by testing performed by the Fair Housing Justice Center. The U.S. Attorney’s Office frequently relies on testers to determine whether property owners are engaging in discrimination on the basis of race, disability, or other protected characteristics, and frequently files lawsuits based on the results of testing.
The consent decree approved yesterday requires TF CORNERSTONE INC., TF CORNERSTONE PROPERTIES LLC, and 2 GOLD L.L.C. to retrofit inaccessible features throughout the property; train employees on the requirements of the Fair Housing Act; pay a $35,000 civil penalty to the United States; and dedicate up to $300,000 to compensate people who have been harmed by Fair Housing Act violations at 2 Gold Street.
Under the consent decree, a person may be entitled to receive monetary compensation if he or she was:
- Discouraged from living at 2 Gold Street because of a lack of accessible features;
- Limited in the full use or enjoyment of an apartment or amenity at 2 Gold Street due to a lack of accessible features;
- Financially affected by having an apartment at 2 Gold Street made more accessible to persons with disabilities;
- Prevented from having visitors because of a lack of accessible features at 2 Gold Street; or
- Otherwise injured by the lack of accessible features or discriminated against on the basis of disability at 2 Gold Street.
People who may be entitled to compensation should file a claim by contacting the Civil Rights Complaint Line at (212) 637-2987 (a TDD line is available at (212) 637-0039), using the Civil Rights Complaint Form available on the U.S. Attorney’s Office’s website, www.usdoj.gov/usao/nys, or sending a written claim to:
U.S. Attorney’s Office, Southern District of New York
Attn: Chief, Civil Rights Unit
86 Chambers Street, 3rd Floor
New York, New York, 10007
The claims against the architect-defendants, AVINASH K. MALHOTRA ARCHITECTS and AVINASH K. MALHOTRA, were not resolved by the consent decree and will go forward. The United States seeks a court order enjoining these defendants from designing multi-family housing without the accessibility features required by federal law. The United States also seeks damages for persons harmed by their unlawful practices, and a civil penalty to vindicate the public interest.
This case is being handled by the Office’s Civil Rights Unit. Assistant U.S. Attorneys Carina H. Schoenberger, Emily E. Daughtry, and Li Yu are in charge of the case.
2 Gold Street Consent Decree
Manhattan U.S. Attorney Charges Managing Director of Investment Advisory Firm for NBA Players Union with Attempting to Defraud Union of $3 MillionRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Andriana Vamvakas, the New York District Director for the U.S. Department of Labor’s Office of Labor-Management Standards (“DOL-OLMS”), and Robert Panella, the Special Agent-in-Charge of the New York Field Office of the U.S. Department of Labor's Office of Inspector General, Office of Labor Racketeering and Fraud Investigations (“DOL-OIG”) announced today the unsealing of a three-count criminal Complaint charging JOSEPH LOMBARDO, the founder and managing director of Prim Capital Corporation (“Prim”), with attempting to defraud the National Basketball Players Association (“NBPA”) of $3 million through the use of a fraudulent retention contract. The Complaint also charges LOMBARDO and CAROLYN KAUFMAN, a principal at Prim, with obstructing a grand jury investigation in the Southern District of New York. LOMBARDO and KAUFMAN were arrested this morning at their residences in Ohio, and were presented in federal court in the Northern District of Ohio, Cleveland branch, before U.S. Magistrate Judge Greg White. LOMBARDO and KAUFMAN will make their first appearance in Manhattan federal court on May 2, 2013.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Joseph Lombardo faked the signature of a dead man as part of manufacturing a multi-million dollar contract out of whole cloth that, had it been enforced, would have caused significant losses for basketball players who entrusted him with their savings. And together with his partner in crime, Carolyn Kaufman, he allegedly lied about it to a federal grand jury. Now they will both have to answer to the justice system they allegedly tried to obstruct.”
DOL-OLMS New York District Director Andriana Vamvakas said: “The scheme allegedly attempted by the subjects of this investigation would have caused the union to lose funds that rightfully belonged to the membership of the NBPA. We will continue to investigate crimes against unions to protect the members’ assets.”
DOL-OIG Special Agent-in-Charge Robert Panella said: “By allegedly falsifying a contract with the NBPA, the defendant attempted to defraud the organization of $3 million in union assets. We will continue to work with our law enforcement partners to protect union assets and root out corruption involving the NBPA and other labor organizations.”
According to the allegations in the Complaint unsealed today in Manhattan federal court:
From 2001 until 2013, Prim was the primary outside investment advisory firm entrusted with the NBPA’s investments and finances. In that capacity, Prim performed various services for the NBPA, including assisting with the management of up to $250 million of the NBPA’s assets, reviewing the investments of individual NBA players, and conducting financial seminars for NBA players. Prim was founded and led by LOMBARDO. KAUFMAN served as President of Prim’s advisory services component.
In May of 2012, as part of a DOL investigation, Prim was served with a subpoena requesting copies of all agreements between Prim and the NBPA. In response, Prim produced a copy of a 2005 contract between the NBPA and Prim, under which Prim’s fee was $350,000 per year. The 2005 contract was signed by the Executive Director of the NBPA, the Treasurer of the NBPA, and LOMBARDO, and was renewable annually upon agreement of the parties. That was the only contract that Prim produced.
Several months later, in January of 2013, after Prim learned that a law firm’s review of the NBPA was going to be made public in the near future, Prim produced a previously undisclosed contract with the NBPA (the “Purported 2011 Contract”). Prim’s fee under this contract was $602,000 per year for a five-year term, for a total of $3,010,000. The Purported 2011 Contract also contained a provision indicating that it could not be cancelled for any reason by the NBPA. The Purported 2011 Contract was supposedly signed in March 2011 by LOMBARDO, Gary Hall, the former NBPA General Counsel, and one other NBPA employee.
An investigation revealed that the signature of Hall was not authentic, and that the Purported 2011 Contract was actually created at Prim months after the March 2011 death of Gary Hall. The investigation also revealed that LOMBARDO arranged for the creation of a signature stamp capable of stamping the signature “Gary A. Hall,” and used the stamp to falsify Hall’s signature months after his death. The investigation further revealed that the signature of the other NBPA employee was forged as well.
In addition, the investigation revealed that LOMBARDO and KAUFMAN had attempted to obstruct a grand jury investigation. During the course of the investigation, both LOMBARDO and KAUFMAN appeared before the grand jury and provided false testimony. KAUFMAN testified that she had not spoken with anyone regarding her testimony. However, in a recorded conversation prior to appearing before the grand jury, LOMBARDO gave her specific instructions on how to answer questions before the grand jury, and said that his “life is in [her] hands.” In another recorded conversation, LOMBARDO instructed another individual that if he provided certain false information to the grand jury about the creation of the contract “[w]e’re home free.” In a third recorded conversation, LOMBARDO instructed another individual to provide false information to the grand jury and said, “It’s important that we didn't doctor this document up, okay?”
LOMBARDO, 72, of Gates Mills, Ohio, is charged with one count of attempted wire fraud, one count of attempted mail fraud, and one count of obstruction of justice. KAUFMAN, 72, of Hudson, Ohio, is charged with one count of obstruction of justice. LOMBARDO faces a maximum sentence of 20 years in prison on each count of wire and mail fraud, as well as a maximum fine of $250,000, or twice the gross gain or gross loss from the offense. Both LOMBARDO and KAUFMAN face a maximum sentence of 20 years in prison on the count charging obstruction of justice, as well as a maximum fine of $250,000.
Mr. Bharara praised the outstanding investigative work of DOL and DOL-OIG. Mr. Bharara added that the investigation is continuing.
This case is being handled by the Public Corruption Unit of the U.S. Attorney’s Office. Assistant United States Attorneys Randall W. Jackson and Daniel C. Richenthal are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
US v Joseph Lombardo and Carolyn Kaufman Complaint
Man Admits Traveling from England to Kentucky to Sexually Exploit MinorRead the Press Release
PIKEVILLE, KY - A resident of London, England traveled to Kentucky intending to engage in sex acts with a minor who lived in eastern Kentucky according to a plea agreement filed in federal court.
Solomon Blue Waters, 42, of London, England pleaded guilty Wednesday before U.S. Magistrate Judge Edward B. Atkins to using the internet to engage in sexual activity with a minor. The U.S. Attorney’s Office and the defendant agreed to a proposed sentencing range of 135 to 168 months pending the judge’s approval. Waters is scheduled to be sentenced on September 5 in Pikeville.
According to the plea agreement, Waters admitted he developed an online relationship with the minor in 2011 and persuaded her to send him sexually explicit images of herself. Waters also encouraged the victim to communicate with him in sexual conversations. Waters planned to visit the minor in eastern Kentucky and he specifically described the sexual acts he would perform on the minor when meeting her.
On August 27, 2012, Waters flew from London, England to Lexington’s Blue Grass Airport and was immediately arrested by agents with Homeland Security Investigations and the Kentucky State Police.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, Gary J. Hartwig, Special Agent in Charge, Homeland Security Investigations (HSI) in Chicago, and Rodney Brewer, Kentucky State Police Commissioner, jointly announced the plea.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and KSP. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney David Marye.
Magic Valley Man Sentenced for Concealing Asset from Bankruptcy EstateRead the Press Release
BOISE – Christopher Brandon Craner, 32, of Buhl, Idaho, was sentenced today in United States District Court to two years’ probation for bankruptcy fraud-asset concealment, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Craner to serve two months of the sentence on home detention and pay a $400 fine. Craner, an avid hunter and professional fisherman, is prohibited from owning, possessing or using firearms due to the felony conviction.
According to the plea agreement, on March 24, 2009, Craner filed a petition for Chapter 11 bankruptcy along with a schedule of assets. On January 28, 2013, Craner admitted in court that between March 24 and May 4, 2009, he knowingly and fraudulently concealed from creditors and the bankruptcy trustee his personal interest in a “Ranger Boat Certificate” that had been awarded to him on March 14, 2009.
The case was investigated by United States Trustee’s Office.
Little Eagle Man Pleads Guilty to Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Ace Makes Him First, age 38, of Little Eagle, South Dakota appeared before U.S. District Judge Charles B. Kornmann on April 23, 2013 and pled guilty to Count II of the Indictment that charged Domestic Assault By A Habitual Offender. The maximum penalty upon conviction is 5 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 3 years.
The conviction stems from an incident in December of 2011 when the Defendant and the victim, who were involved in a domestic relationship, got into an altercation where the Defendant struck the victim about the head and face causing her lip to become swollen and split. The Defendant had been found guilty on two or more separate occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner in Standing Rock Tribal Court. All of the offenses occurred against the same victim.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. The case is being prosecuted by Assistant U.S. Attorney Troy Morley.
A presentence investigation was ordered and a sentencing date was set for July 22, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Lincoln Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Jerod Oliverius, age 25 of Lincoln, Nebraska, was sentenced on April 25, 2013, in Lincoln, Nebraska, to 3 years in prison by United States District Judge Richard G. Kopf, for possession of child pornography. After his release from prison, Oliverius will be required to serve a 5 year term of supervised release and be registered as a sex offender.
While conducting a proactive file sharing investigation in December, 2010, an investigator with the Lincoln Police Department was able to view and access child pornography images from a computer that was using file sharing software publicly available on the Internet through a Peer-to-Peer Network. Using computer programs, the investigator was able to identify the Internet Protocol address for the computer sharing the images of child pornography. The Internet service provider indicated that the IP address was assigned to an individual residing in Lincoln.
A search warrant was executed at that individual’s residence in February of 2011. Oliverius was one of the persons residing there, and when investigators examined Oliverius’ computer and hard drive, they found more than 70 videos and more than 10,000 digital images related to child pornography.
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.
This case was investigated by the Lincoln Police Department.
Justice Department Reaches Agreement with Indiana School District to Provide a Safe and Supportive Learning Environment for All StudentsRead the Press Release
The Justice Department announced today that it reached a settlement agreement with the Metropolitan School District of Decatur Township, Ind., to prevent and respond to peer on peer harassment in schools.
The agreement resolves the department’s review of the district’s policies and practices related to harassment and bullying, which was initiated in June 2011 after reports of possible racial harassment at a district school. Under the agreement, the district will work closely with the Great Lakes Equity Center, a federally funded resource center at Indiana University-Purdue University Indianapolis, to take a number of steps to prevent and address harassment based on race, color, national origin, sex, religion and disability, and to ensure a safe and supportive learning environment for all students.
Among other things, the district will: form a district-wide anti-harassment task force, which will review and revise the district’s policies and procedures related to harassment, bullying and discipline; establish a cohesive process for receiving, investigating and monitoring complaints of harassment and bullying, enabling the district to track repeated incidents involving individual students or groups targeted for their membership in a protected class; and provide training, professional development and school climate assessments for both students and staff at two of the district’s schools.
“This agreement provides a template for school districts throughout Indiana and across the country in establishing an across the board strategy for preventing and addressing harassment and bullying,” said Jocelyn Samuels, Principal Deputy Assistant Attorney General for the Civil Rights Division. “We applaud the district for taking affirmative steps to foster a safe and inclusive climate for learning.”
Throughout the country, school districts are expanding efforts to prevent and respond to bullying. Student misconduct that falls under a school’s anti-bullying policy also may trigger the school district’s obligations to combat discrimination and harassment under one or more of the federal civil rights laws. Today’s agreement will provide a roadmap for districts working to ensure that their critical bullying prevention efforts are consistent with their obligations under federal law, including Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, national origin, religion and sex, in public schools.
The enforcement of Title IV is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt .
Related Materials:
Decatur Agreement