Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Thursday 7 March 2013
Two City of Miami Police Officers and One State Corrections Officer Arrested and Charged in Separate Corruption InvestigationsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Manuel Orosa, Chief, City of Miami Police Department, announced today that Bernard Beliard, 27, a State Corrections officer assigned to the South Florida Reception Center, Vital Frederick, 26, and Malinzky Bazile, 28, City of Miami police officers, were arrested today and charged in three separate complaints with fraud and extortion offenses. The defendants made their initial appearance in federal court this afternoon before U.S. Magistrate Judge Robert L. Dubé.
The first complaint (Criminal No. 13-2314-Dubé) charges Bernard Beliard with access device fraud and aggravated identity theft, in violation of Title 18, United States Code, Sections 1029(a)(3) and 1028A(a)(1), respectively. The second complaint (Criminal No. 13-2315-Dubé) charges Vital Frederick with extortion under color of official right, access device fraud, and aggravated identity theft, in violation of Title 18, United States Code, Sections 1029(a)(3), 1028A(a)(1), and 1951(a), respectively. The third complaint (Criminal No. 13-2316-Dubé) charges Malinsky Bazile with access device fraud, use of a computer to facilitate the access device fraud, and aggravated identity theft, in violation of Title 18, United States Code, Sections 1029(a)(2), 1030(a)(4), and 1028A(a)(1), respectively.
According to the allegations in each of the complaints, the defendants used their official law enforcement position to gain and/or access personal identifying information, including names, dates of birth, and social security numbers of individuals. More specifically, Beliard and Frederick are alleged to have gained access to and sold personal identifying information of unsuspecting individuals to an FBI source believing that such information would be used in a tax return fraud. Bazile allegedly used the City’s official computer to gain access to personal identifying information of individuals, and then used the information to participate in a tax return fraud scheme. Frederick is also charged with providing security and protection services to a check cashing operation that purportedly cashed fraudulent treasury checks.
U.S. Attorney Wifredo A. Ferrer stated, “Identity theft and stolen identity refund fraud are the fastest growing crimes in South Florida, spreading like a virus. The perpetrators of this type of fraud have been as diverse as the victims they prey upon. To date, we have prosecuted Social Security office employees, hospital employees, clinic workers, former NFL players, gang members, and violent criminals, to name a few. Today, we sadly add law enforcement to the list of thieves.”
“Lawmen have a great responsibility and therefore must be held to a higher standard,” said Acting SAC William J. Maddalena for FBI Miami. “The FBI’s Miami Area Corruption Task Force was assembled and designed to ensure that these high standards of integrity are met and maintained.”
Mr. Ferrer commended the investigative efforts of the FBI Miami Area Public Corruption Task Force, with the assistance of the City of Miami Police Department, Internal Revenue Service, and the Florida Department of Corrections - Office of Inspector General (FDOC-OIG). These cases are being prosecuted by Assistant U.S. Attorneys Robin W. Waugh and Michael N. Berger.
A criminal complaint is only an accusation and a defendant is presumed innocent unless proven guilty.
Attachments:
Bazile,Malinsky Complaint (PDF)
Beliard,Bernard Complaint (PDF)
Frederick,Vital Complaint (PDF)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.
Tijuana Cartel Leader Extradited to U.S.Read the Press Release
Cesar Alfredo Meza-Garcia, a leader within the powerful Tijuana Cartel, was extradited from Mexico to the United States today to face drug charges in the Southern District of California. Meza- Garcia was arrested by Mexican law enforcement officers on September 26, 2012, at the request of the United States. Since his arrest in Mexico, Meza-Garcia has remained in custody pending extradition to the United States.
According to court documents, Meza-Garcia is the lead defendant in a 19-defendant indictment charging him with conspiracy to distribute cocaine and methamphetamine. He was a leader within the Tijuana Cartel, responsible for directing the movement of narcotics from Mexico into the United States. The indictment was handed up by a federal grand jury on June 15, 2012.
The charges stem from an Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) led investigation known as Operation Jackhammer II. Operation Jackhammer II focused on members of Meza-Garcia’s importation cell, which was responsible for smuggling methamphetamine, cocaine and marijuana into Chula Vista and San Diego for distribution throughout the state of California.
United States Attorney Duffy praised the Mexican government for its assistance in the extradition of Meza-Garcia and noted that violent drug cartels continue to menace both countries. “Drug trafficking is one of the most serious national security threats the United States faces. This is one more step toward securing the communities on both sides of the border.”
Duffy also commended the Organized Crime Drug Enforcement Task Force (OCDETF) for the coordinated team effort in handling this investigation. Agents and officers from HSI and the Chula Vista Police Department participated in this OCDETF investigation. The Criminal Division’s Office of International Affairs provided significant assistance in the extradition. The OCDETF program was created to consolidate and utilize all law enforcement resources in this country’s battle against organized crime and major drug trafficking organizations.
“This extradition serves as a stern warning to other fugitives who think they can evade U.S. law enforcement by hiding out in Mexico,” said Derek Benner, special agent in charge for HSI in San Diego. “I commend our Mexican law enforcement partners for their hard work, which helped us immensely in our effort to dismantle a dangerous criminal enterprise that not only controlled a major drug smuggling corridor in Tijuana, but operated a large meth trafficking organization on both sides of the border.”
The defendant is expected to be in federal court in San Diego tomorrow, March 8, 2013, at 10:30 a.m., before United States Magistrate Judge Jan Adler.
Law enforcement continues to seek the public's assistance in locating fugitive defendants Salvador Alcala-Gonzales, aka Chava, Miguel Angel Bravo-Pena, and Jose Luis Casillas, all of whom are believed to be in Mexico. Anyone with information regarding these fugitives may contact HSI at 1-866-DHS-2- ICE.
DEFENDANT Case Number 12CR2414-WQH Cesar Alfredo Meza-Garcia SUMMARY OF CHARGESTitle 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Controlled Substances
INVESTIGATING AGENCIES
Maximum penalties: Life in prison, a $10,000,000 fine and 5 years of supervised releaseU.S. Immigration and Customs Enforcement’s Homeland Security Investigations
Chula Vista Police DepartmentAn indictment itself is not evidence that the defendant committed the crimes charged.
The defendant is presumed innocent until the Government meets its burden in court
of proving guilt beyond a reasonable doubt.Three South Jersey Individuals Plead Guilty to Defrauding Fema Relating to Major DisastersRead the Press Release
CAMDEN, N.J. – Three individuals today admitted to disaster benefits fraud relating to a presidential disaster declaration for the state of New Jersey after the nor’easter in 2010 and Hurricane Irene in 2011, U.S. Attorney Paul J. Fishman announced.
Debbie Hicks, 51, of Atlantic City, N.J., pleaded guilty to a two-count Information charging her with disaster benefits fraud and making false statements to the U.S. Department of Housing and Urban Development.
Dwana Wright, 40, and Ryan Stevens, 38, both of Camden each pleaded guilty to separate Informations charging them with disaster benefits fraud. All three defendants entered their guilty pleas during separate appearances before Senior U.S. District Judge Joseph E. Irenas.
According to documents filed in this case and statements made in court:Due to FEMA's vast size and the typically large number of victims resulting from a disaster, FEMA has been frequently targeted in disaster fraud schemes by individuals or groups seeking FEMA monetary assistance for benefits to which they were not entitled. These individuals accomplished their schemes by submitting fraudulent applications to FEMA for, among other things, repairs and rental assistance.
Defendant Debbie Hicks
As a result of the nor’easter, Hicks’ apartment in Atlantic City was damaged. On or about April 12, 2010, Hicks filed an application with FEMA seeking federal rental assistance under FEMA’s Individual Assistance Program, claiming that her apartment in Atlantic City was damaged as a result of the severe storm and was unfit for occupancy.
On April 13, 2010, a FEMA inspector confirmed Hicks’ occupancy and the damage to her rental unit, and declared her apartment uninhabitable. Thereafter, FEMA awarded Hicks rental assistance in the amount of $923 per month. In her application to FEMA, Hicks failed to disclose that her rent was being paid by the Atlantic County Department of Family and Community Development.
During the plea hearing, Hicks admitted that to continue receiving money from FEMA she lied on various forms which were sent to FEMA. Hicks also admitted that she falsely stated that her rent was not being paid by another source. As a result of the fraud, Hicks received $15,691 in FEMA emergency rental assistance funds to which she was not entitled.
Hicks further admitted that while she was defrauding FEMA, she also lied to the Housing Authority and Urban Redevelopment Agency of the City of Atlantic City, which administers housing funds on behalf of HUD. Hicks admitted that when she applied for Section 8 housing, she failed to tell the housing authority that she was receiving funds from both FEMA and the Atlantic County Department of Family and Community Development. Hicks also admitted that she lied about her prior criminal record and the fact that she had used other names and Social Security numbers.
The charges to which Hicks pleaded guilty carry a maximum potential penalty of 35 years in prison and a fine of $500,000. Hicks’ sentencing is scheduled for June 14, 2013.
Defendant Dwana Wright
Wright admitted that she applied for FEMA benefits on Sept. 27, 2011. After FEMA awarded her temporary rental assistance, Wright admitted that she submitted fraudulent documents to FEMA to secure continued disaster assistance through FEMA’s rental assistance program. As a result of her fraud, Wright received $15,763 from FEMA’s emergency rental assistance funds to which she was not entitled.
Defendant Ryan Stevens
Stevens admitted that he applied for FEMA benefits on Sept. 13, 2011. After FEMA awarded him assistance for property damage and temporary rental assistance, Stevens admitted that he submitted fraudulent documents to FEMA to secure additional disaster assistance through FEMA’s rental assistance program. Stevens admitted that he received $15,487 from FEMA’s emergency rental assistance fund to which he was not entitled.
The charges to which Wright and Stevens pleaded guilty carry a maximum potential penalty of 30 years in prison and a fine of $250,000. Wright’s sentencing is scheduled for June 21, 2013. Stevens’ sentencing is scheduled for June 21, 2013.
U.S. Attorney Fishman credited special agents of the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent in Charge Gregory Null, and special agents of U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Joseph W. Clarke for the investigation leading to today’s guilty pleas.
The government is represented by Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney’s Office Criminal Division in Camden.
13-108
Defense counsel:
Hicks: Maggie Moy, Esq., Assistant Federal Public Defender, Camden
Wright: Lori Koch, Esq., Assistant Federal Public Defender, Camden
Stevens: Lori Koch, Esq., Assistant Federal Public Defender, CamdenHicks, Debbie Information
Wright, Dwana Information
Stevens, Ryan InformationThree Camp Pendleton Contractors Plead Guilty to Pilfering over $3 Million in Medical EquipmentRead the Press Release
United States Attorney Laura E. Duffy announced that three civilian contractors who until recently worked at Camp Pendleton appeared today in federal court, and pled guilty to charges stemming from their theft of expensive medical equipment that the military had planned to ship overseas to treat injured Marines.
According to the Indictment, defendants Henry Bonilla, Richard Navarro and Michael Tuisee worked in warehouses run by 1st Medical Logistics Company (“1st MEDLOG”) aboard Camp Pendleton -- the United States Marine Corps’ largest West Coast expeditionary force training facility. 1st MEDLOG is the unit responsible for maintaining medical equipment and shipping necessary medical items to combat forces throughout the world. By virtue of their employment as defense contractors, the defendants had access to sophisticated, expensive medical equipment stored at 1st MEDLOG warehouses. In their plea agreements and at today’s hearing, each defendant admitted to participating in a conspiracy to steal medical equipment from 1st MEDLOG, including ultrasound machines, ventilators, hydroclaves, defibulators, headlights, and laryngoscopes. The defendants repeatedly stole these costly medical items, loaded them into their personal vehicles, and surreptitiously sold them to medical equipment resellers – often meeting with customers during nighttime rendezvous in secluded parking lots. The defendants admitted that the combined value of the stolen medical equipment exceeded $3 million.
The defendants pled guilty today at a hearing held before Magistrate Judge William McCurine, Jr., and their guilty pleas are subject to final acceptance by District Court Judge Cathy A. Bencivengo. All three defendants are scheduled to be sentenced on May 24, 2013 at 9 a.m. by Judge Bencivengo.
United States Attorney Duffy commented: “The defendants stole medical equipment that was meant to be shipped to our troops, secretly transported it off of Camp Pendleton, and sold it for their own personal gain. Today’s guilty pleas advance the goals of rooting out corruption among our area defense contractors, and sending a strong message that the Department of Justice will vigorously investigate and prosecute those who seek to profit at the expense of our men and women in uniform.” Duffy reminded the public that these charges were the result of an ongoing investigation into theft of valuable property aboard Camp Pendleton, and asked the public to contact the Naval Criminal Investigative Service (NCIS) at 1-800-264-6485 or www.ncis.navy.mil if they have any information relevant to that investigation.asdf
DEFENDANTS Case Number: 13cr0338-CAB Henry Bonilla
Richard Navarro
Michael Tuisee SUMMARY OF CHARGESCount 1: Conspiracy to Engage in Theft of Government Property, Title 18, United States Code, Section 371 (all defendants)
INVESTIGATING AGENCY
Maximum penalties: 5 years in prison, $250,000 fine, term of supervised release of 3 years, restitution, and $100 special assessment.Naval Criminal Investigative Service
Sulaiman Abu Ghayth, Associate of Usama Bin Laden, Arrested for Conspiring to Kill AmericansRead the Press Release
Sulaiman Abu Ghayth, aka “Suleiman Abu Gayth”, a former associate of Usama Bin Laden, has been arrested and charged in an indictment unsealed today in New York City with conspiracy to kill U.S. nationals, announced Attorney General Eric Holder, Assistant Attorney General for National Security Lisa Monaco, U.S. Attorney for the Southern District of New York Preet Bharara, the Assistant Director-in-Charge of the FBI’s New York Field Office George Venizelos, and the Police Commissioner of the City of New York (NYPD) Raymond W. Kelly. Abu Ghayth is expected to be presented and arraigned tomorrow, March 8, 2013, at 10:00 a.m. before U.S. District Judge Lewis A. Kaplan.
“No amount of distance or time will weaken our resolve to bring America's enemies to justice,” said Attorney General Holder. “To violent extremists who threaten the American people and seek to undermine our way of life, this arrest sends an unmistakable message: There is no corner of the world where you can escape from justice because we will do everything in our power to hold you accountable to the fullest extent of the law.”
“The arrest of Abu Ghayth is an important milestone in our ongoing counterterrorism efforts. I applaud the many agents, analysts and prosecutors responsible for bringing about this significant case and arrest,” said Assistant Attorney General Monaco.
“It has been 13 years since Abu Ghayth allegedly worked alongside Usama Bin Laden in his campaign of terror, and 13 years since he allegedly took to the public airwaves, exhorting others to embrace al Qaeda’s cause and warning of more terrorist attacks like the mass murder of 9/11,” said U.S. Attorney Bharara. “The memory of those attacks is indelibly etched on the American psyche, and today’s action is the latest example of our commitment to capturing and punishing enemies of the United States, no matter how long it takes.”
“Sulaiman Abu Ghayth held a key position in al Qaeda, comparable to the consigliere in a mob family or propaganda minister in a totalitarian regime,” said FBI Assistant Director-in-Charge Venizelos. “He used his position to persuade others to swear loyalty to al Qaeda’s murderous cause. He used his position to threaten the United States and incite its enemies. His apprehension is another important step in the campaign to limit the reach of al Qaeda and enhance our national and international security.”“While New York City must remain vigilant to continued terrorist threats against it, Abu Ghayth's apprehension and prosecution promises to close another chapter in al Qaeda's notoriously violent history of killing Americans,” said NYPD Commissioner Kelly. “This case also represents another success in the ongoing partnership between Federal agents and NYPD detectives through the JTTF.”
As alleged in the superseding indictment that has been filed against Abu Ghayth in federal court:
Since around 1989, al Qaeda has been an international terrorist organization, dedicated to opposing non-Islamic governments with force and violence. Usama Bin Laden served as the leader or “emir” of al Qaeda until his death on or about May 2, 2011. Members of al Qaeda typically have pledged an oath of allegiance, called bayat, to Bin Laden and to al Qaeda.
The core purpose of al Qaeda, as stated by Bin Laden and other leaders, is to support violent attacks against property and nationals, both military and civilian, of the United States and other countries. Between 1989 and 2001, al Qaeda established training camps, guest houses, and business operations in Afghanistan, Pakistan, and other countries for the purpose of training and supporting its agenda of violence and murder. Members and associates of al Qaeda have executed a number of terrorist attacks, all in furtherance of the organization’s stated conspiracy to kill Americans, including the attacks on the United States on September 11, 2001 in New York, Virginia, and Pennsylvania, which killed approximately 2,976 people.
From at least May 2001 up to around 2002, Abu Ghayth served alongside Usama Bin Laden, appearing with Bin Laden and his then-deputy Ayman al-Zawahiri, speaking on behalf of the terrorist organization and in support of its mission, and warning that attacks similar to those of September 11, 2001 would continue.
In particular, around May 2001, Abu Ghayth urged individuals at a guest house in Kandahar, Afghanistan, to swear bayat to Bin Laden. On the evening of Sept. 11, 2001, after the terrorist attacks on the United States, Bin Laden summoned Abu Gayth and asked for his assistance and he agreed to provide it. On the morning of Sept. 12, 2001, Abu Ghayth, appeared with Bin Laden and Zawahiri, and spoke on behalf of al Qaeda, warning the United States and its allies that “[a] great army is gathering against you” and called upon “the nation of Islam” to do battle against “the Jews, the Christians and the Americans.” Also, after the September 11, 2001 terrorist attacks, Abu Ghayth delivered a speech in which he addressed the then-U.S. Secretary of State and warned that “the storms shall not stop, especially the Airplanes Storm,” and advised Muslims, children, and opponents of the United States “not to board any aircraft and not to live in high rises.”
Abu Gayth arranged to be, and was, successfully smuggled from Afghanistan into Iran in 2002.
The indictment charges Abu Ghayth with participating in a conspiracy to kill United States nationals. The offense carries a maximum term of imprisonment of life. No trial date has yet been set in the case.
The charges and arrest of Abu Ghayth are the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York, the Joint Terrorism Task Force – which principally consists of agents and detectives of the FBI and the New York City Police Department – the United States Marshals Service and the National Security Division of the U.S. Department of Justice. The Justice Department’s Office of International Affairs and the U.S. Department of State also provided assistance.
The prosecution is being handled by Assistant United States Attorneys John P. Cronan and Michael Ferrara of the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York, with assistance from Trial Attorney Jolie Zimmerman of the National Security Division’s Counterterrorism Section.The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Sulaiman Abu Ghayth, Associate of Usama Bin Laden, Arrested for Conspiring to Kill AmericansRead the Press Release
Sulaiman Abu Ghayth, a/k/a “Suleiman Abu Gayth”, a former associate of Usama Bin Laden, has been arrested and charged in an indictment unsealed today in New York City with conspiracy to kill U.S. nationals, announced Attorney General Eric Holder, Assistant Attorney General for National Security Lisa Monaco, U.S. Attorney for the Southern District of New York Preet Bharara, the Assistant Director-in-Charge of the FBI’s New York Field Office George Venizelos, and the Police Commissioner of the City of New York (NYPD) Raymond W. Kelly. Abu Ghayth is expected to be presented and arraigned tomorrow, March 8, 2013, at 10:00 a.m. before U.S. District Judge Lewis A. Kaplan.
Attorney General Eric Holder said: “No amount of distance or time will weaken our resolve to bring America's enemies to justice. To violent extremists who threaten the American people and seek to undermine our way of life, this arrest sends an unmistakable message: There is no corner of the world where you can escape from justice because we will do everything in our power to hold you accountable to the fullest extent of the law.”
Assistant Attorney General Lisa Monaco said: “The arrest of Abu Ghayth is an important milestone in our ongoing counterterrorism efforts. I applaud the many agents, analysts and prosecutors responsible for bringing about this significant case and arrest.”
Manhattan U.S. Attorney Preet Bharara said: “The law has a long arm and justice has a long memory. It has been 13 years since Abu Ghayth allegedly worked alongside Usama Bin Laden in his campaign of terror, and 13 years since he allegedly took to the public airwaves, exhorting others to embrace al Qaeda’s cause and warning of more terrorist attacks like the mass murder of 9/11. The memory of those attacks is indelibly etched on the American psyche, and today’s action is the latest example of our commitment to capturing and punishing enemies of the United States, no matter how long it takes.”
FBI Assistant Director-in-Charge George Venizelos said: “Sulaiman Abu Ghayth held a key position in al Qaeda, comparable to the consigliere in a mob family or propaganda minister in a totalitarian regime. He used his position to persuade others to swear loyalty to al Qaeda’s murderous cause. He used his position to threaten the United States and incite its enemies. His apprehension is another important step in the campaign to limit the reach of al Qaeda and enhance our national and international security.”
NYPD Commissioner Raymond W. Kelly said: “While New York City must remain vigilant to continued terrorist threats against it, Abu Ghayth's apprehension and prosecution promises to close another chapter in al Qaeda's notoriously violent history of killing Americans. This case also represents another success in the ongoing partnership between Federal agents and NYPD detectives through the JTTF.”
As alleged in the Superseding Indictment that has been filed against Abu Ghayth in federal court:
Since around 1989, al Qaeda has been an international terrorist organization, dedicated to opposing non-Islamic governments with force and violence. Usama Bin Laden served as the leader or “emir” of al Qaeda until his death on or about May 2, 2011. Members of al Qaeda typically have pledged an oath of allegiance, called bayat, to Bin Laden and to al Qaeda.
The core purpose of al Qaeda, as stated by Bin Laden and other leaders, is to support violent attacks against property and nationals, both military and civilian, of the United States and other countries. Between 1989 and 2001, al Qaeda established training camps, guest houses, and business operations in Afghanistan, Pakistan, and other countries for the purpose of training and supporting its agenda of violence and murder. Members and associates of al Qaeda have executed a number of terrorist attacks, all in furtherance of the organization’s stated conspiracy to kill Americans, including the attacks on the United States on September 11, 2001 in New York, Virginia, and Pennsylvania, which killed approximately 2,976 people.
From at least May 2001 up to around 2002, Abu Ghayth served alongside Usama Bin Laden, appearing with Bin Laden and his then-deputy Ayman al-Zawahiri, speaking on behalf of the terrorist organization and in support of its mission, and warning that attacks similar to those of September 11, 2001 would continue.
In particular, around May 2001, Abu Ghayth urged individuals at a guest house in Kandahar, Afghanistan, to swear bayat to Bin Laden. On the evening of September 11, 2001, after the terrorist attacks on the United States, Bin Laden summoned Abu Gayth and asked for his assistance and he agreed to provide it. On the morning of September 12, 2001, Abu Ghayth, appeared with Bin Laden and Zawahiri, and spoke on behalf of al Qaeda, warning the United States and its allies that “[a] great army is gathering against you” and called upon “the nation of Islam” to do battle against “the Jews, the Christians and the Americans.” Also, after the September 11, 2001 terrorist attacks, Abu Ghayth delivered a speech in which he addressed the then-U.S. Secretary of State and warned that “the storms shall not stop, especially the Airplanes Storm,” and advised Muslims, children, and opponents of the United States “not to board any aircraft and not to live in high rises.”
Abu Gayth arranged to be, and was, successfully smuggled from Afghanistan into Iran in 2002.
The indictment charges Abu Ghayth with participating in a conspiracy to kill United States nationals, in violation of Title 18, United States Code, Section 2332(b). The offense carries a maximum term of imprisonment of life. No trial date has yet been set in the case.
The charges and arrest of Abu Ghayth are the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York, the FBI’s Joint Terrorism Task Force – which principally consists of agents and detectives of the FBI and the New York City Police Department – the United States Marshals Service and the National Security Division of the U.S. Department of Justice. The Justice Department’s Office of International Affairs and the U.S. Department of State also provided assistance.
The prosecution is being handled by Assistant United States Attorneys John P. Cronan and Michael Ferrara of the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York, with assistance from Trial Attorney Jolie Zimmerman of the National Security Division’s Counterterrorism Section.
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. v. Sulaiman AbuGhayth Indictment
St. Paul Felon Sentenced for Possessing A .40-caliber PistolRead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a 37-year-old St. Paul felon was sentenced for possessing a .40-caliber pistol. United States District Court Judge Richard H. Kyle sentenced Wendell Terrell Brown to 180 months in prison on one count of being an armed career criminal in possession of a firearm. Brown was indicted on June 18, 2012, and pleaded guilty on October 12, 2012.
In his plea agreement, Brown admitted that on May 5, 2012, he possessed the pistol while riding as a passenger in a vehicle stopped by authorities in St. Paul. Because he is a felon, Brown is prohibited under federal law from possessing a firearm at any time. Brown’s prior convictions include possession of a short-barreled shotgun (Ramsey County, 1998) and felon in possession of a firearm (Ramsey County, 2002). In addition, Brown was convicted in Hennepin County for terroristic threats (1998), Washington County for fourth-degree sale of a controlled substance (2010), and in St. Croix County, Wisconsin, for possession with intent to distribute marijuana (2010).
Since at least three of Brown’s past felony convictions were for crimes of violence or serious drug crimes, his sentence in the federal current case was subject to the Armed Career Criminal Act, which mandates a minimum of 15 years in federal prison. Because the federal criminal system does not have parole, he will serve virtually his entire prison sentence behind bars.
This case was the result of an investigation by the St. Paul Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant U.S. Attorney Jeffrey S. Paulsen.St. Francis Man Convicted of AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Jonathan Mark Blindman, age 31, of St. Francis, South Dakota was convicted of one count of simple assault by a federal jury in Pierre. He was found not guilty of one count of Aggravated Sexual abuse and one count of Sexual Abuse. The charge carries a maximum penalty of 6 months in custody, a $5,000 fine, or both; and a $10 special assessment.
The conviction stems from an incident that took place on August 22, 2012 when Blindman assaulted the victim.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
The defendant was remanded to the custody of the U.S. Marshal.
Springfield Man Convicted of Drug ConspiracyRead the Press Release
BOSTON - A Springfield man was convicted late yesterday in U.S. District Court in Springfield of drug conspiracy charges.
Jose D. Cruz, 37, pleaded guilty before U.S. District Court Judge Michael A. Ponsor to conspiracy to distribute heroin and possession with intent to distribute heroin.
In February 2012, Cruz’s co-defendant, Ariel Acevedo arranged for the sale of approximately 150 grams of heroin to another individual. During numerous conversations, which were consensually monitored and recorded by the Drug Enforcement Administration, Acevedo discussed quantities, pricing, and quality of the heroin. During the actual drug sale, Cruz provided the individual with a package containing 150 grams of heroin, and the individual provided Acevedo with $11,250 in cash.
Judge Ponsor scheduled sentencing for June 17, 2013. Pursuant to his plea agreement, Cruz faces between 60 and 71 months in prison to be followed by four years of supervised release and a $250,000 fine. Acevedo is scheduled to plead guilty on March 19.
United States Attorney Carmen M. Ortiz; John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division; Mark G. Mastroianni, Hampden County District Attorney; and Springfield Police Commissioner William Fitchet made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Steven H. Breslow of Ortiz’s Springfield Branch Office.
Sentences for March 01 - 07, 2013Read the Press Release
Joshua Michael Beckstead, 32, of Ogden, Utah, was sentenced by Federal District Court Judge Scott W. Skavdahl on March 7, 2013, for four counts of bank robbery. Beckstead was arrested in North Dakota. He received 112 months imprisonment, to be followed by three years of supervised release. In addition, he was ordered to pay a $500.00 special assessment and restitution in the amount of $14,033.00. This case was investigated by the Federal Bureau of Investigation.
Mario Oscar Interiano-Guzman, 40, of Honduras, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 4, 2013, for illegal re-entry of a previously deported alien into the United States. Interiano-Guzman was arrested in Douglas, Wyoming. He received time served plus ten days, was ordered to pay a $100.00 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Jacob Scott Anderson, 24, of Wellington, Colorado, was sentenced by Federal District Court Judge Clarence A. Brimmer on March 1, 2013, for attempted bank robbery. Anderson self-surrendered. He received 40 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 Federal Bureau of Investigation.
Saratoga Man Pleads Guilty to Tax EvasionRead the Press Release
SAN JOSE, Calif. – Jonathan Jianguo Jiang pleaded guilty yesterday to tax evasion, United States Attorney Melinda Haag and Special Agent in Charge, IRS Criminal Investigation, Jose M. Martinez announced.
According to his plea agreement, on January 28, 2004, Jiang incorporated SecureM in the Cayman Islands. He was the director, president, and sole shareholder of SecureM. On April 17, 2004, SecureM was sold to a UK company for at least $8,600,000. From the sale of SecureM, Jiang received capital gains of at least $113,462 during 2004, $195,000 during 2005 and $2,635,575 during 2006, which he willfully omitted from his 2004, 2005, and 2006 federal income tax returns. These omissions resulted in $467,336 in additional tax due.
On March 6, 2012, Jiang, 47, of Saratoga, California, was charged with one count of willfully attempting to evade or defeat tax for the 2004 tax year. He pleaded guilty to the charge. Due to Jiang’s regular travel overseas, Jiang posted a bond of approximately $2,044,144.20.
The maximum statutory penalty for Tax Evasion, in violation of Title 26, U.S.C § 7201 is five years in prison and a fine of $100,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Cynthia Stier is the Assistant U.S. Attorney who is prosecuting this case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation
Russell Springs Felon Sentenced to 327 Months in Prison for Sexual Abuse of A MinorRead the Press Release
BOWLING GREEN, Ky. – A Russell Springs, Kentucky man formerly convicted of acquiring child pornography was sentenced in United States District Court this week by Senior Judge Thomas B. Russell to 327 months in prison followed by a lifetime of supervised release, announced David J. Hale, United States Attorney for the Western District of Kentucky.
Morris E. Hall, Jr., age 64, was charged in a single count indictment by a federal grand jury on July 17, 2012 and pleaded guilty to the charge on December 6, 2012. Hall was indicted while completing a 78 month sentence for receipt of child pornography. According to court records, between October 5, 2005 and May 18, 2006, Hall was receiving and viewing images of child pornography, via the internet, on a United States Postal Service computer while working in the post office in Russell Springs. The abuse of the minor occurred on multiple occasions between May and August 2005 at the United States Post Office in Russell Springs.
“One of the highest priorities of my office is to protect children from sexual predators and prosecute those who prey on our most vulnerable citizens,” stated United States Attorney Hale. “This is a just sentence and will send a message to those who contemplate victimizing our children: you will go to prison.”
This case was prosecuted by Assistant United States Attorney Jo E. Lawless and was investigated by Kentucky State Police.
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."
Rupert Man Sentenced to 48 Months in Prison for Distributing Meth in the Magic ValleyRead the Press Release
POCATELLO – Eulalio Loya, 56, of Rupert, Idaho, was sentenced yesterday in United States District Court to 48 months in prison for possession with intent to distribute 50 grams or more of actual methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Loya to serve three years of supervised release. He pleaded guilty to the charge on November 5, 2012.
According to the plea agreement, on February 16, 2012, Loya arranged to distribute a quarter pound of methamphetamine in Fort Hall, Idaho, and subsequently met and sold the individual in excess of 50 grams of actual methamphetamine.
Co-defendant Jose Tapia-Lopez, 29, a Mexican national, was sentenced on January 28 to 168 months in prison for possession with intent to distribute 50 grams or more of actual methamphetamine.
The case was investigated by the Drug Enforcement Administration and the Idaho State Police, with assistance by the Minidoka County Sheriff’s Office and Cassia County Sheriff’s Office.
Robbery Crew Member Who Impersonated Law Enforcement SentencedRead the Press Release
ROBBERY CREW MEMBER WHO IMPERSONATED LAW ENFORCEMENT SENTENCED
Defendant Dressed as Police Officer to Commit Home Invasion
ATLANTA - Torrez Seymore, 25, of Baltimore, Md., was sentenced today by United States District Judge Timothy C. Batten, Sr., for possessing with the intent to distribute marijuana obtained by robbery and discharging a firearm in connection with that robbery.
“The violence associated with drug crimes is especially disturbing to our community,” said United States Attorney Sally Quillian Yates. “We work hard to maintain public confidence that people are safe. Homes being raided by criminals dressed in law enforcement gear, carrying guns and yelling police is extremely unsettling. This case effectively dismantled this robbery crew,” she said.
According to United States Attorney Yates, the charges and other information presented in court: On January 14, 2010, Seymore and four others dressed as police officers and carrying guns assaulted a suburban house on Hyland Drive in DeKalb County, Ga. He and his fellow robbers used a vehicle tracking device on the victim’s cars to find the location of the house. The crew thought that the residents were marijuana suppliers.
The robbers wore fake police badges and vests with the word “Police” printed on them. They also carried handcuffs and firearms. As they pulled into the victim’s driveway, he came out of the house. The robbers yelled, “DeKalb County Police get down, cuff him!” Their goal was to force the victim take them to a “stash” house where they believed additional drugs were stored. While the robbers were in the middle of trying to kidnap the victim, a friend of the victim arrived and the robbers traded gunfire with him on the lawn. The robbers then beat and kidnaped the victim. The victim took the crew to his girlfriend’s home, under the pretense that it was the “stash” house that the robbers sought to find. The victim’s girlfriend fled the home through the back door and called police, who came and rescued the victim.
“Gun violence perpetrated by anyone tears at the very fabric of our communities; but when this violence is committed by impersonating law enforcement; an alarming message of intolerance needs to be sent to those who dare to engage in such offenses,” said Bureau of Alcohol, Tobacco, and Firearms (ATF) Assistant Special Agent in Charge Aladino Ortiz. “As the violent crime bureau, ATF will see to it that individuals who illegally arm themselves are removed from our streets so that our communities can remain a safe place to live and prosper.”
Seymore was sentenced to 13 years, 10 months in prison to be followed by 5 years of supervised release. Seymore was convicted of these charges on March 7, 2013, upon his plea of guilty.
This case was investigated by Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant United States Attorneys Kim Dammers and Timothy Storino prosecuted the case.
For further information please contact the U.S. Attorney’s Public Information 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.
Richmond Woman Sentenced to Ten Years for Defrauding Elderly VictimRead the Press Release
RICHMOND, Va. – Lenora Banks-Davis, aka “Jacqui Banks-Davis,” 58, of Richmond, Virginia, was sentenced today to 120 months in prison, to be followed by five years of supervised release for defrauding an elderly widow.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; and Jeffrey C. Mazanec, Special Agent in Charge of the FBI’s Richmond Field office, made the announcement after sentencing by United States District Judge John A. Gibney, Jr. In reaching the final sentence of 120 months, Judge Gibney levied a significant upward departure to address the defendant’s egregious, long-term conduct against the victim.
According to evidence presented at trial, in 2009 Banks-Davis used an elderly victim’s BB&T credit card for the purpose of paying the defendant’s own personal expenses and obligations. Banks-Davis obtained the victim’s credit card by falsely representing that she would use the credit card only to help the victim consolidate and pay off her financial obligations. Instead of fulfilling that promise, Banks-Davis charged thousands of dollars of her own expenses onto the victim’s card without her knowledge or authorization. From late May through November 2009, Banks-Davis charged over $13,000 at a number of establishments, ranging from mundane expenses to extravagant luxuries, including thousands of dollars in pet care and over $700 in high-end acai berry juice.
At trial, the United States established that, in addition to the charged conduct, Banks-Davis had previously defrauded the victim over the course of a thirty-year relationship. Additionally, just prior to that conduct, Banks-Davis accepted more than $6,000 in charity from members of the Bon Air Baptist Church. As a condition of her sentence, the Court prohibited Banks-Davis from having any contact with the victim and members of the victim’s family.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorneys Michael Gill and Dominick S. Gerace prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Ray Kyle Nicholson 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 March 6, 2013, before Chief U.S. District Judge Richard F. Cebull, RAY KYLE NICHOLSON, a 30-year-old resident of Billings, appeared for sentencing. NICHOLSON was sentenced to a term of:
Prison: 45 months, consecutive to a state sentence
Special Assessment: $200
Supervised Release: 3 years
NICHOLSON was sentenced in connection with his guilty plea to being an unlawful user of controlled substance in possession of a firearm and possession of a firearm with an obliterated serial number.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On August 7, 2011, at approximately 2:00 a.m., the Billings Police Department received a complaint of a suspicious vehicle in the 2300 block of Avenue C. Responding officers ultimately encountered four persons, one of whom was identified as NICHOLSON. Officers recovered two guns with obliterated serial numbers, one of which was taken from NICHOLSON's person. The gun was a Ruger P85 9mm semi-automatic pistol. When questioned, NICHOLSON admitted that the gun taken from his person was his but claimed that the other gun and the methamphetamine, LSD, and drug paraphernalia in the car were not his. He also admitted that he was addicted to methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NICHOLSON will likely serve all of the time imposed by the court. In the federal system, NICHOLSON 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 Bureau of Alcohol, Tobacco, Firearms and Explosives.
Rapid City Man Indicted for Failing to Update Sex Offender RegistrationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man was indicted by a federal grand jury for failing to update his sexual offender registration as required.
Seth Between Lodges, 31, was indicted on November 19, 2012 for Failure to Register. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 5, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine. The charge is merely an accusation and Between Lodges is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Between Lodges was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Portsmouth Man Sentenced to 240 Months in Analogue Drug Distribution ConspiracyRead the Press Release
NORFOLK, Va. – Michael Lee Haddock, 32, of Portsmouth, Va., was sentenced to a statutory maximum of 240 months in prison and three years of supervised release for conspiring to distribute analogue drugs for over a year using the internet and the United States Postal Service.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; John P. Torres, Special Agent in Charge for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Washington, D.C.; Keith A. Fixel, Inspector in Charge of the Charlotte Division of the United States Postal Inspection Service; and Chief Edward Hargis of the Portsmouth Police Department, made the announcement after the sentence was returned.
Michael Haddock was charged under a criminal information and entered a guilty plea on December 5, 2012 to conspiring to distribute analogues of controlled substances, which Haddock had been importing from China for over a year. Analogue drugs, often called “research chemicals” or “bath salts,” typically have only slightly different chemical structures to a Schedule I or II drug and are created to attempt to avoid bans by state and federal governments. In addition to a similar chemical structure, analogue drugs have a similar or greater effect on the human body than the scheduled drug when ingested. Haddock was ordering analogues drugs, such as Methylone (now scheduled), 4-FMA, MXE, 2C-C, 2C-E, 2C-I, 4-MEC, Butylone, Ethylone, Pentylone, and multiple other substances. The total amount of drugs attributed to Haddock, according to court documents, was over 27 kilograms of analogues or controlled substances in the year-long conspiracy.
Haddock had used multiple websites and email addresses to receive orders for analogue drugs, which he would package in his Portsmouth home and send throughout the United States using the United States Postal Service. Multiple powders, scales, spoons, and packaging materials were located in Haddock’s home in February 2012. In addition, there were two firearms stored with the drugs.
This case was investigated by HSI’s Hampton Roads Border Enforcement Security Task Force (HR-BEST), the Portsmouth Police Department and the United States Postal Inspection Service. Special Assistant United States Attorney Amy E. Cross 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.Pittsburgh Man Gets Time-Served Sentence of 9 Months Incarceration for Passing Forged ChecksRead the Press Release
PITTSBURGH, Pa. - A resident of Allegheny County has been sentenced in federal court to a nine month, time-served sentence on his conviction of making and uttering counterfeit and forged checks of an organization, United States Attorney David J. Hickton announced today.
United States District Judge Joy Flowers Conti imposed the sentence on Darryl Kennedy, 46, of Pittsburgh, Pa.According to the information presented to the court, from Sept. 22, 2011 through Oct. 3, 2011, Kennedy negotiated counterfeit checks.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Postal Inspection Service, the United States Secret Service and the Financial Crimes Task Force of Western Pennsylvania for the investigation leading to the successful prosecution of Darryl Kennedy.
Pennsylvania Men Wanted in Canada for Alleged Violent Acts Committed at the 2010 G-20 Economic Summit in Toronto ExtraditedRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that two Pennsylvania men wanted in Canada for their alleged violent acts committed at the 2010 G-20 Economic Summit held in Toronto have been extradited to face charges in Canada.
According to United States Attorney Peter J. Smith, pursuant to an extradition treaty between the United States and Canada, Richard Dean Morano, and Kevin Chianella, both of Lackawaxen, Pennsylvania, were arrested.
Morano was arrested, without incident, by the United States Marshals Service for the Middle District of Pennsylvania on February 21, 2013. Chianella surrendered to the United States Marshals Service on February 28.According to Canadian court documents, Morano, a United States citizen, is alleged to have committed riotous acts at the G-20 Economic Summit on June 26, 2010. Canadian authorities have charged Morano with Mischief over $5,000(6 counts); Intimidation of Justice System participant; Obstructing a peace officer; Assaulting a peace officer with a weapon; Mischief endangering life(3 counts); Disguise with intent to commit an indictable offense and Theft. A warrant for his arrest was issued by the City of Toronto, Province of Ontario on March 4, 2011.
According to Canadian court documents, Chianella, a United States citizen, is alleged to have committed riotous acts at the G-20 Economic Summit on June 26, 2010. Canadian authorities have charged Chianella with Mischief over $5,000(21 counts); Attempted mischief(3 counts); Intimidation of Justice System participant(2 counts); Obstructing a peace officer; Assaulting a peace officer with a weapon; Assault with a weapon; Assault; Mischief endangering life(12 counts); Attempt mischief endangering life(2 counts); Arson; Break and enter with intent to commit an indictable offence; Disguise with intent to commit an indictable offence; and Theft(3 counts). A warrant for his arrest was issued by the City of Toronto, Province of Ontario on March 4, 2011.
Both men waived their extradition rights and were turned over to Canadian authorities Tuesday.
Assistant U.S. Attorney William A. Behe in the Harrisburg office of the U.S. Attorney handled the filing of the extradition complaints and compliance with the extradition treaty. Assistant U.S. Attorney Francis P. Sempa in the Scranton office of the U.S. Attorney handled the court proceedings before Chief U.S. Magistrate Judge Martin C. Carlson and U.S. Magistrate Judge Thomas M. Blewitt.
Parkville Man Indicted in Plot to Export Industrial Products and Services to IranRead the Press Release
Allegedly Conspired to Violate the U.S. Embargo Against IranGreenbelt, Maryland - A federal grand jury has indicted Ali Saboonchi, age 32, a U.S. citizen residing in Parkville, Maryland, and Arash Rashti Mohammad (Rashti), age 31, a citizen and resident of Iran, on charges of conspiring to export, and exporting, American manufactured industrial products and services to Iran. The indictment was returned on March 4, 2013 and unsealed today upon Saboonchi’s arrest.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation and Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
The International Emergency Economic Powers Act authorizes the President of the United States to impose economic sanctions on a foreign country when the President declares a national emergency. In 1995, the President issued a series of Executive Orders declaring that the actions and policies of the Government of Iran constituted a national emergency. In order to deal with that threat, the President imposed economic sanctions against Iran, to include a trade embargo (the Iran Trade Embargo). In order to implement the Iran Trade Embargo, the U.S. Department of the Treasury promulgated regulations that prohibit the export, sale or supply to Iran of any goods or services from the United States without prior authorization.
The five count indictment alleges that from November 2009 to the present, Saboonchi and Rashti conspired to evade the Iran Trade Embargo by exporting American manufactured industrial goods and services to Iranian businesses. Rashti, located in Iran, had Saboonchi in Maryland create and operate Ace Electric Company for the purpose of obtaining goods to be sent to Iran. Rashti, who operated businesses in Tehran, Iran and the United Arab Emirates (UAE), allegedly solicited purchase orders and business from customers in Iran for industrial parts and components manufactured in America, including:
- two cyclone separators, which are used in pipelines to separate impurities such as sand from liquids, for $2,114.53;
- six thermocouples, which are used to measure temperatures of liquids and gasses in industrial applications in the chemical and petrochemical fields, for $1,284;
- 10 stainless steel filter elements, which are used primarily in the oil and gas industry and can be used in water plants, hydrocarbon plants and nuclear plants, for $151.53;
- four bypass filters, for $1,911.03;
- three flow meters, which are used primarily in industrial applications to measure the flow of water but could be adjusted to measure other liquids and gasses, for $6,224.88;
- three actuator springs, which are used to control the flow rate of a liquid, for $112.07;
- numerous industrial parts, including hydraulic valves and connectors, for $7,067; and
- liquid pumps and valves, which have oil, gas, energy, aerospace and defense applications, for $2,320.48.
The indictment alleges that Saboonchi obtained price quotes and paid for these items, and took delivery of most of the goods, which he then shipped to co-conspirators in UAE and in at least one case, China. Rashti would repay Saboonchi for the goods and further arrange for the entities in the UAE and China to send the goods on to him and his customers in Iran. The Defendants did not obtain authorization to export the products.
Saboonchi faces a maximum sentence of 20 years in prison for the conspiracy and on each of four counts for illegal export to an embargoed country. Saboonchi has his initial appearance today in U.S. District Court in Greenbelt and is detained pending a detention hearing scheduled for Wednesday, March 13, 2013, at 2:00 p.m. Rashti is believed to be living in Iran.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein praised the FBI and HSI Baltimore for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Gregory Welsh, who is prosecuting the case.
Owner of Seafood Distribution Business, Vinh Q. Tran, Sentenced for BriberyRead the Press Release
VINH Q. TRAN, age 63, a resident of Cutoff, Louisiana, was sentenced today in federal court by U.S. District Court Judge Nannette Jolivette Brown, to six months home confinement followed by three years probation for bribing a public official, announced U. S. Attorney Dana J. Boente.
According to court documents, on January 5, 2012, TRAN pled guilty to one count of a bill of information admitting that on or about August 2007 until on or about April 2011, he bribed a public official of the United States Internal Revenue, with the intent to influence an IRS audit being conducted of his seafood distributing business. TRAN paid $6,000 cash and other things of value to the public official.
The case was investigated by the Department of the Treasury, Treasury Inspector General for Tax Administration. The case was prosecuted by Assistant United States Attorney Julia K. Evans.Orange County Doctor Convicted of Six Counts of Health Care Fraud in Multi-Million Dollar Scam Involving Durable Medical EquipmentRead the Press Release
LOS ANGELES – A federal jury has convicted a Buena Park doctor for participating in a health care fraud scheme involving unnecessary procedures and prescriptions that led to Medicare paying out nearly $3 million on fraudulent claims for durable medical equipment and nutritional supplies.
Following a five-day trial, Dr. Augustus Ohemeng, 62, was found guilty yesterday afternoon of six counts health care fraud.
While serving as medical director at Pacific Clinic in Long Beach, Ohemeng and others recruited Medicare patients and billed the national healthcare program for office visits that typically included unnecessary tests and procedures. The evidence presented at trial showed that Ohemeng also generated fraudulent prescriptions for medical equipment, power wheel chairs and enteral nutritional supplies, prescriptions that were sold to medical supply companies that used the fraudulent documents to bill Medicare for millions of dollars of unnecessary and undelivered medical supplies. “Nearly all, if not all, of the wheelchair prescriptions Ohemeng and [George Tarryk, another doctor who worked at Pacific Clinic] signed were written for people who could walk,” according to court documents.
Over the course of four years, Ohemeng signed hundreds of these fraudulent prescriptions, many of which were blank so his office manager could fill in the details.
As a result of the fraudulent conduct involving Ohemeng and his co-conspirators, which took place from February 2005 through September 2009, $5.6 million in fraudulent claims were submitted to Medicare, which paid approximately $2.97 million.
As a result of yesterday’s guilty verdicts, Ohemeng faces a maximum statutory sentence of 60 years in federal prison when he is sentenced on June 17 by United States District Judge Christina A. Snyder.
Ohemeng was among 10 defendants – including two doctors and a nurse – who were charged as a result of an investigation into Pacific Clinic, Ivy Medical Supply in Anaheim and Santos Medical Supply in South Los Angeles. All 10 defendants, including the owner of Ivy Medical Supply, have now been convicted, either as the result of guilty pleas or jury verdicts.
The investigation in this case was conducted by the Federal Bureau of Investigations and the Office of Inspector General for the U.S. Department of Health and Human Services.
Release No. 13-033
Operator of Temporary Employment Agencies with Contracted Services in Scranton and Wilkes-Barre SentencedRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ethan Nguyen, age 34, of Phoenixville, Pennsylvania was sentenced today by U.S. District Court Judge Edwin M. Kosik to a 12 month plus one-day term of imprisonment, two years of supervised release and a $300 fine. Judge Kosik further ordered that Nguyen pay $45,128 in restitution to the Pennsylvania Department of Unemployment Insurance.
According to United States Attorney Peter J. Smith, beginning in 2007 Ethan Nguyen operated Four Seasons Services, a temporary employment agency with offices in Philadelphia, Pennsylvania, and contracted with businesses in the Scranton and Wilkes-Barre area to provide day labor employees.
Together with co-defendants, Andri Gunawan and Eleni Nguyen, the employment agency contracted with various third party businesses to provide temporary, day labor employees. The co-defendants would fulfill these contracts by hiring illegal aliens and paying the illegal aliens cash “under the table,” failing to pay various federal, state and local taxes, fees or compensation insurance. In this way, the temporary employment agency was able to greatly increase its profits for providing such temporary labor.
Four Seasons Services was later changed to business names Direct Staffing Services(DSS), Express Staffing Services(ESS) and First Choice Staffing(FCS).
Ethan Nguyen, Andri Gunawan and Eleni Nguyen were charged in separate criminal Informations. All three pleaded guilty. Eleni Nguyen is scheduled for sentencing on March 19, 2013. Gunawan is scheduled for sentencing on April 4, 2013.
The joint investigation was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), United States Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigations, the Pennsylvania State Police, and United States Department of Health and Human Services. The case is assigned to Assistant United States Attorney Todd K. Hinkley.
Montgomery Man Arrested for Bomb ThreatsRead the Press Release
Montgomery, Alabama - Franklin Otis Boiner, 58, of Montgomery, Alabama was arrested today for calling in a bomb threat to a Montgomery courthouse yesterday, announced George L. Beck, United States Attorney for the Middle District of Alabama.
According to the complaint filed in federal court, on March 5, 2013, at approximately 7:49 a.m., the Montgomery 911 Call Center received a telephone call from a male stating that there would be two bombs going off at the District Court at 9:30 a.m. Because there is a district court in both the federal and state courthouses, both courthouses were evacuated. Bomb technicians and bomb detection dogs were used to clear the courthouses before anyone was allowed to return to the buildings. Through call tracing and fingerprint analysis, law enforcement was able to determine that Boiner placed the phone call. According to the complaint, Boiner was scheduled to be at a court hearing in the Montgomery County Courthouse at 8:00 a.m. on March 5, 2013, the same day he called in the bomb threat.
“I would like to commend Sheriff Marshall and his office for their efficient, yet thorough investigation and arrest in this bomb threat case, stated U.S. Attorney Beck. Law enforcement’s quick response and arrest should serve as a warning that threats such as this one will be taken seriously. The rule of law has to be administered by the court system. Therefore, we have to be vigilant in protecting our court system.”
Special Agent in Charge of Alcohol, Tobacco and Firearms (ATF), Jeffrey L. Fulton, stated: “This investigation culminated as a result of the collaborative effort to ATF’s commitment to public safety.”
An arrest warrant and complaint merely allege that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Boiner faces a maximum potential sentence of 5 years in prison. He is also subject to fines and a period of supervised release if convicted.
The case was investigated by the Federal Bureau of Investigation, the Joint Terrorism Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Montgomery County Sheriff’s Department and the Montgomery Police Department. Assistant United States Attorney Denise Simpson is prosecuting the case.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Mohammad Jahangir Miah Sentenced to 21 Months in Federal Prison for Producing Faudulent Indentification DocumentsRead the Press Release
ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that MOHAMMAD JAHANGIR MIAH, age 38, a citizen of Bangledesh, was sentenced to 21 months in prison today in the United States District Court for the Northern Mariana Islands. MIAH was sentenced after pleading guilty to conspiracy to unlawfully produce and transfer identification document, regarding the production of fraudulent CNMI driver’s licenses. The charge stems from an Indictment filed on January 10, 2011 against MIAH, William A. Hocog, Tahira Dolores S. Miah, Hongmei Sun, and Hui Qiang Yan. The other four defendants also pled guilty in this case.
The sentencing is the result of a day-long hearing before Chief Judge Ramona V. Manglona. In determining the sentence, Chief Judge Manglona considered MIAH’s criminal activities both in local and federal court. She also found that he had obstructed justice by not being truthful to the United States Probation Office during the preparation of the Presentence Report. Chief Judge Manglona also concluded that MIAH was an organizer of this criminal activity under the U.S. Sentencing Guidelines.
MIAH was immediately remanded to the custody of the United States Marshals Service and will begin serving his 21-month sentence with credit for time served. He also was ordered to forfeit $960.00.
The case was investigated by the Homeland Security Investigations Agency (HSI) and the Federal Bureau of Investigation (FBI). The case was prosecuted by Assistant United States Attorney Stephen F. Leon Guerrero and Assistant United States Attorney Kirk W. Schuler.
Mission Man Pleads Guilty to LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that Eddie Tunstall, age 33, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on March 6, 2013 and pled guilty to Larceny. The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on December 29, 2011 when Tunstall entered the Turtle Creek Crossing store in Mission, took U.S. Currency from the store’s safe, and then left.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Tim Maher.
A presentence investigation was ordered and a sentencing date was set for May 29, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Michigan Man Pleads Guilty to Failure to Register as A Sex OffenderRead the Press Release
On March 6, 2013, Andrew C. Henley, a twenty-five year old Michigan man, pled guilty in Federal District Court, in East St. Louis, to Failure to Register as a Sex Offender, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Henley is scheduled for sentencing on July 15, 2013. He faces a term of imprisonment of not more than ten (10) years, a fine of up to $250,000, or both, a term of supervised release of five (5) years to life of supervised release after his prison term, and a mandatory special assessment of $100.
Henley was required to register as a sex offender under both Illinois law and the federal Sex Offender Registration and Notification Act (SORNA) because he was convicted of Aggravated Criminal Sexual Abuse on September 30, 2005, in Madison County, Illinois. After registering as a Sex Offender in the State of Illinois on July 11, 2011, Henley traveled to the State of Michigan. He was required to register as a sex offender in the State of Michigan or update his registration with the State of Illinois within three days of his move. Henley admitted that he knowingly failed to comply with either of these requirements after traveling in interstate commerce, thus violating SORNA.
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.”
The case was investigated by the United States Marshal Service. The case is assigned to Assistant United States Attorney Daniel T. Kapsak.
McLaughlin Man Indicted for Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man has been indicted by a federal grand jury for Failure to Appear for his sentencing hearing. The hearing was United States v. Ivan Looking Horse, Jr., in which Looking Horse pled guilty to the crime of Involuntary Manslaughter.
Ivan Looking Horse, Jr., age 25, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate William D. Gerdes on March 1, 2013 and pled not guilty to the new indictment for Failure to Appear. The maximum penalty upon conviction is 5 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 is merely an accusation, and Looking Horse, Jr., is presumed innocent until and unless proven guilty.
Looking Horse’s conviction for Involuntary Manslaughter arose from an incident in August 2009 when he failed to stop at an intersection on a highway near Kenel, and his vehicle then struck the Standing Rock Sioux Community Transportation Bus, resulting in the death of a passenger on the bus.
The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. Looking Horse, Jr., was remanded to the custody of the U.S. Marshal. A trial date has not been set.
MS-13 Gang Leader Pleads Guilty to Racketeering and Murder Conspiracy ChargesRead the Press Release
Hector Aleman Lemos, the former leader of the Flushing, Queens, chapter of the violent international gang La Mara Salvatrucha, also known as “MS-13,” pleaded guilty today to racketeering and murder conspiracy charges. Lemos entered his plea before United States District Judge Nicholas G. Garaufis at the federal courthouse in Brooklyn. As part of his plea, Lemos agreed to a sentence of 30 years’ imprisonment.
The guilty plea was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; James T. Hayes, Jr., Special Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York Field Office; and Charles Gardner, Commissioner, City of Yonkers Police Department.
According to the indictment and other court filings, Lemos, known in the gang as “Diablito,” was alleged to have been the leader of a chapter of the gang that committed a series of violent crimes, including murder, murder conspiracy and attempted murder, in Flushing, Queens and elsewhere. Among other crimes, Lemos was charged with murdering 25-year-old John Halley in Yonkers, New York. Lemos believed, incorrectly, that Halley was a member of a rival gang when he shot him on the street. As part of his plea, Lemos admitted that he was a member of MS-13 and that he participated in the murder of Halley, as well as the shooting of a 13-year-old boy who had been standing on the stoop of a house in Flushing, New York that Lemos believed to be a rival gang location.
This conviction is the latest of the more than 120 convictions of MS-13 soldiers and leaders in the Eastern District of New York over the past decade. MS-13 is a violent, transnational gang, based in El Salvador, which has engaged in narcotics trafficking, robbery, extortion, murder and other crimes in cities throughout the United States and Central America. The gang has had a strong presence in immigrant communities in Queens and Long Island.
“Lemos was the leader of a gang that turned our streets into a shooting gallery, and killed innocent bystanders in its bid to dominate the streets,” said United States Attorney Lynch. Lemos’s conviction underscores this Office’s ongoing commitment to eradicating MS-13’s influence in our communities and seeking justice for the gang’s victims and their families. We will continue to vigorously prosecute members of the gang and work to dismantle its operations in this District.” Ms. Lynch expressed her grateful appreciation to the City of Yonkers Police Department for its invaluable assistance in this investigation.
“The defendant in this case indiscriminately brought or threatened violence against rival gang members and innocent civilians alike. HSI is proud to continue to partner with the United States Attorney’s Office to target violent transnational gang members who threaten the safety of New York communities,” stated HSI Special Agent-in-Charge Hayes.
The government’s case is being prosecuted by Assistant United States Attorneys Gina M. Parlovecchio and Darren A. LaVerne.
The Defendant:
HECTOR ALEMAN LEMOS, also known as “Diablito”
Age: 32Luzerne County Resident Charged with Possession OfRead the Press Release
Ammunition By A Convicted Felon And With Being A Fugitive From Justice
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a criminal Information has been filed against Stanley Backus, age 33, of Wilkes-Barre, Pennsylvania charging him with possession of a ammunition by a prohibited person.
According to United States Attorney Peter J. Smith, Backus was previously convicted of four prior felonies and was wanted by Philadelphia County for a probation violation and a Meghan’s law registry violation. The offenses included the criminal Information filed Wednesday allegedly occurred in July 2011 in Wilkes-Barre, Luzerne County.
This case was the result of a joint investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Wilkes-Barre and Kingston Police Departments.
Prosecution is assigned to Assistant United States Attorney Amy C. Phillips.Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Lower Brule Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man convicted of Sexual Abuse was sentenced on March 6, 2013 by U.S. District Judge Roberto A. Lange. Martin Charger, age 37, was sentenced to 151 months in prison, 5 years of supervised release and $100 to the Victim Assistance Fund.
Charger was indicted for Aggravated Sexual Abuse of a Child by a federal grand jury on July 10, 2012. The charge stems from an incident occurring during the calendar year 2007, when Charger was in an intimate relationship with the victim’s mother. Charger intimidated the victim, who was under the age of 12, to engage in sexual acts. The victim engaged in this conduct because she was in fear of Charger and afraid of his size. Charger pled guilty to Sexual Abuse on December 18, 2012.
The investigation was conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. Charger was immediately turned over to the custody of the U.S. Marshal.
Lower Brule Man Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Elmer LaRoche, age 26, of Lower Brule, South Dakota appeared before U.S. District Judge Roberto A. Lange on March 6, 2013 and pled guilty to the Superseding Information that charged him with Assaulting, Resisting and Impeding a Federal Officer. The maximum penalty upon conviction is 8 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and $100 to the Victim Assistance Fund. Restitution may be imposed.
The charge stems from an incident on or about the 1st day of November, 2012, wherein LaRoche assaulted, resisted, opposed, impeded, intimidated and interfered with an officer while the officer was engaged in the performance of his official duties and was employed as a federal law enforcement officer with the Bureau of Indian Affairs. An intoxicated LaRoche was at a home in Lower Brule, and refused to leave the house where a tribal court order had been posted regarding no intoxicated persons were to enter the house. During his arrest, LaRoche resisted and struggled with the officer causing physical contact. LaRoche struck the officer in the head.
The investigation was conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. LaRoche was remanded to the custody of the U.S. Marshal pending sentencing. A sentencing date has been set for May 29, 2013.
Louisiana Tax Return Preparer Convicted of Stolen Identity Refund FraudRead the Press Release
Following a four-day jury trial in Baton Rouge, La., a federal jury convicted Angela Myers today of wire fraud, making false claims, subscribing to false tax returns and aggravated identity theft, the Justice Department and Internal Revenue Service (IRS) announced.
Based on the evidence presented at trial, Myers operated “Angie’s Tax Service,” a tax preparation business located in Baton Rouge. Myers electronically filed false claims for tax refunds using the names and Social Security numbers of identity theft victims. Myers filed the identity theft tax returns using a unique preparer identification number assigned to her daughter. Many of the victims were nursing home patients who resided at Port Allen Care Center in Port Allen, La., and who did not have the ability to leave the nursing home.
The evidence also revealed that Myers lied on her own 2007 and 2008 federal income tax returns, failing to report hundreds of thousands of dollars of tax preparation fees that she earned at Angie’s Tax Service and used to buy various items, including an RV and a $50,000 investment product.
“Prosecuting stolen identity refund fraud is a top priority of the Justice Department,” said Assistant Attorney General for the Justice Department’s Tax Division Kathryn Keneally. “The verdicts returned today demonstrate that the American people will not tolerate criminals who prey on the most vulnerable in our society to enrich themselves.”
“Identity theft is a very serious crime that victimizes honest taxpayers and causes immense hardship,” stated Richard Weber, Chief, IRS Criminal Investigation. “Many of Myers’ victims were nursing home patients. Be assured that IRS has made a commitment to pursue identity theft and we will work tirelessly with our partners at the U.S. Attorney’s Office to hold those who engage in similar conduct accountable.”
Assistant Attorney General Keneally commended the efforts of special agents of IRS - Criminal Investigation, who investigated the case, and Trial Attorneys Justin Gelfand and Jason Poole, who prosecuted the case with the assistance of the U.S. Attorney’s Office for the Middle District of Louisiana.
Lincoln Man Sentenced for Conspiracy to Distribute Methamphetamine and CocaineRead the Press Release
United States Attorney Deborah R. Gilg announced that on March 7, 2013, Martin Daniel Sanchez Martinez, age 21 of Lincoln, was sentenced to four years and nine months (57 months) in federal prison for his involvement in a conspiracy to distribute and possess with intent to distribute methamphetamine and cocaine between July of 2011 and April of 2012. Information provided to law enforcement indicated that Montoya was responsible for the distribution of at least 50 grams of methamphetamine mixture, at least 35 grams of actual methamphetamine, and less than 25 grams of cocaine during that time frame in the Lincoln area. On 13 occasions between December of 2011 and April of 2012, Martin Daniel Sanchez Martinez delivered methamphetamine and/or cocaine to an undercover Lincoln Police officer.
Following the prison term, Martinez will serve three years on supervised release.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff=s Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department.Laredo Police Officer Enters Guilty Plea to Deprivation of Civil RightsRead the Press Release
LAREDO, Texas – Frank Carter, 43, a former officer Laredo Police Department (LPD), has entered a guilty plea today in federal court to violating the civil rights of an arrestee, United States Attorney Kenneth Magidson announced today along with Assistant Attorney General for the Civil Rights Division Thomas E. Perez.
“Mr. Carter has admitted that he used unjustified and unlawful force against a handcuffed arrestee,” said Perez. “The Justice Department will continue to prosecute law enforcement officers who violate the constitutional rights of individuals in their custody.”
Carter entered the guilty plea before U.S. District Judge Diana Saldana today. Carter admitted that on May 26, 2012, while using his authority as a LPD officer, he struck a male victim who was handcuffed and detained in the backseat of Carter’s patrol car. Carter admitted he struck the victim several times.
According to information presented in court, rear facing dash camera audio and video recordings revealed Carter had yelled obscenities at the victim while he punched the victim in the head and body. Carter also repeatedly slammed the victim’s face into the back of the seat. The victim remained handcuffed during the entire incident and never resisted or attempted to harm Carter.
Judge Saldana has ordered a presentence report to be due April 11, 2013, at which time she will set sentencing date and decide whether to accept the guilty plea Carter entered today. If she accepts the plea, Carter will face a maximum of 10 years in prison. He was permitted to remain on bond pending that hearing.This case was investigated by the FBI and Texas Rangers. Assistant United States Attorney Ruben R. Perez and Civil Rights Division Trial Attorneys Ryan Murguia and Christopher Lomax are prosecuting the case.
Justin Worley Pleads Guilty to Nine Counts of Bank RobberyRead the Press Release
PROVIDENCE, R.I. – Justin L. Worley, 34, pleaded guilty in U.S. District Court in Providence today to nine counts of bank robbery, announced United States Attorney Peter F. Neronha.
Appearing before U.S. District Court Judge William E. Smith, Worley admitted to the court that he robbed eight financial institutions in Rhode Island between April 16, 2012, and September 18, 2012, and that he robbed one financial institution in Seekonk, Mass., on February 23, 2012. Worley admitted that he robbed the banks of a total of $32,633.
Worley was arrested at a motel in Seekonk on September 19, 2012, by East Providence, R.I., and Seekonk police.
The robberies were investigated by the Barrington, Cranston, East Providence, North Providence, Pawtucket, Seekonk and Warwick Police Departments and the FBI.
Worley is scheduled to be sentenced on May 24, 2013. The maximum statutory penalty for bank robbery is 20 years in federal prison; a fine of up to $250,000; and a term of supervised release of 3 years.
Worley has been detained in federal custody since November 15, 2012.
The case is being prosecuted by Assistant U.S. Attorneys William J. Ferland and Paul F. Daly, Jr.
Contact: 401-709-5357
[email protected]Jury Convicts Tax ProtesterRead the Press Release
Former Owner and President of Gladstone Engineering Firm Convicted of Tax ChargesPortland, Ore. — A federal jury today convicted Chester Evans Davis, 56, of Oregon City, of five counts of tax evasion, four counts of failure to file a corporate tax return, and one count of obstructing the internal revenue laws. Davis is the former owner and president of ESA International (formerly ESA NW, Inc.), a Gladstone engineering firm specializing in power system software.
“This verdict shows that wealthy business owners have to pay taxes, just like hard-working people do every day,” said U.S. Attorney S. Amanda Marshall. “Evading taxes and obstructing the IRS are serious crimes with serious consequences.”
The government presented evidence during the four-day jury trial that Davis evaded payment of his federal income taxes for tax years 1999, 2000, and 2001, and evaded assessment of his federal income taxes for tax years 2007, 2008, 2009, and 2010. Davis’ company, ESA NW, Inc., earned millions of dollars in annual revenue, including revenue from federal government agencies such as the Army Corps of Engineers and Bonneville Power Administration. Davis transferred money from his company to various shell corporations and a warehouse bank, and then used the money to purchase more than $5 million in gold bars and coins. Special Agents with the Internal Revenue Service - Criminal Investigation seized over $1 million of that gold, as well as approximately $115,000 in cash, while executing search warrants at Davis’ residence and business. Davis also failed to file corporate returns for ESA NW, Inc., and obstructed the Internal Revenue Service by filing bogus Forms 1099-OID with the IRS. The government presented evidence that Davis currently owes approximately $5 million in state and federal personal income taxes.
The maximum penalty for each count of tax evasion is five years imprisonment and a $100,000 fine; the maximum penalty for obstructing the internal revenue laws is three years imprisonment and $25,000 fine; and the maximum penalty for failure to file tax returns is one year imprisonment and a $5,000 fine.
This case stemmed from an investigation by the Internal Revenue Service - Criminal Investigation. The case was prosecuted by Assistant U.S. Attorneys Craig Gabriel and Stacie Beckerman.
Jose Transito Lopez Pleads Guilty to Illegal Re-entryRead the Press Release
JOSE TRANSITO LOPEZ, age 33, a citizen of Honduras, pled guilty in federal court today before U. S. District Judge Jane Triche Milazzo to a one-count indictment charging him with illegal re-entry by a removed alien, announced U. S. Attorney Dana Boente.
According to court documents, LOPEZ admitted to being an alien who had previously been removed from the United States, was found in the United States, in Jefferson Parish, Louisiana on November 14, 2012, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States. LOPEZ further admitted that he was convicted of delivery of cocaine in Texas prior to his removal.
The indictment charging LOPEZ with illegal re-entry also included a notice of sentencing enhancement based on his prior aggravated felony conviction. With the enhancement, the charge carries a maximum statutory penalty of twenty years imprisonment, a fine of $250,000, and three years of supervised release following any term of imprisonment. Sentencing for LOPEZ is scheduled for June 13, 2013 at 10:00 A.M.
The case was investigated by U. S. Immigration and Customs Enforcement (ICE) - Enforcement and Removal Operations and the Jefferson Parish Sheriff’s Office as part of the Criminal Alien Removal Initiative. The case is being prosecuted by Special Assistant U. S. Attorney Robert Weir.
(Download Factual Basis )
Hollywood Man Sentenced to 16 Years in Identity Theft Tax Refund Fraud SchemeRead 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 Steven Steinberg, Chief, Aventura Police Department (Aventura PD), announce the sentencing of defendant Jonathan Torres-Bonilla, 36, of Hollywood. Torres-Bonilla was sentenced to 16 years in prison, to be followed by 3 years of supervised release. The defendant was also ordered to pay $100,388.01 in restitution to the Internal Revenue Service.
On December 27, 2012, defendant Torres was convicted at trial of all six counts in the indictment against him. Specifically, Torres was convicted of two counts of access device fraud, in violation of Title 18, United States Code, Sections 1029(a)(2) and 1029(a)(3), and four counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1), in connection with an identity theft tax refund fraud scheme.
According to testimony and evidence presented at trial, the defendant had been observed by plain-clothes Aventura police officers at the Aventura Mall using multiple debit cards at multiple different ATMs on November 25, 2011. Aventura police officers followed the defendant to the mall garage, where he tried to flee in a minivan. The defendant was arrested when he refused to provide identification. The officers then searched the defendant and his car and found 28 pre-paid debit cards (loaded with $117,000 in tax refunds), dozens of ATM receipts, and more than $1,700 in cash. At sentencing, the defendant was found to have obstructed justice by lying during his testimony at trial.
Mr. Ferrer commended the efforts of IRS-CID and Aventura PD for their work on the case. The case was prosecuted by Assistant U.S. Attorney Michael N. Berger.
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.
Health Care Clinic Director Pleads Guilty in Miami for Role in $63 Million Health Care Fraud SchemeRead the Press Release
A former health care clinic director and licensed therapist pleaded guilty today in connection with a health care fraud scheme involving defunct health provider Health Care Solutions Network Inc. (HCSN), announced 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 Investigations Miami office.
Paul Thomas Layman, 66, of Miami, pleaded guilty before U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida to one count of conspiracy to commit health care fraud.
Layman’s co-conspirator Dana Gonzalez, 43, of Miami, a registered clinical social worker intern in Florida, pleaded guilty yesterday to one count of conspiracy to commit health care fraud for her role in the scheme.
During the course of the conspiracy, Layman was employed as a substance abuse counselor, therapist and clinical director of 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 three locations. During his employment, Layman worked full time at all HCSN locations in Florida in various capacities. According to court documents, Layman 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. Layman 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.Court documents reveal that Layman was aware that HCSN personnel in Florida were fabricating patient medical records. 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. During his employment at HCSN in Florida, Layman signed fabricated PHP therapy notes and other medical records used to support false claims to government sponsored health care programs.
HCSN also operated one location in Hendersonville, N.C. At the Hendersonville location, Layman served as the clinical director and assisted HCSN owner Armando Gonzalez in obtaining necessary licensing, credentials and Medicare authorizations for HCSN. According to court documents, from 2008 through 2009, Layman purportedly supervised therapists at HCSN in Hendersonville, including Alexandra Haynes, who was an unlicensed therapist purportedly performing PHP therapy to HCSN patients. For their roles in the conspiracy, Gonzalez pleaded guilty to one count of conspiracy to commit health care fraud and one count of conspiracy to commit money laundering, and Haynes pleaded guilty to one count of conspiracy to commit health care fraud. On Monday, Feb. 25, 2013, Gonzalez was sentenced to serve 168 months in prison for his role in the scheme.
According to court documents, Dana Gonzalez worked at HCSN in Florida from approximately April 2005 through December 2010. At HCSN in Florida, Gonzalez fabricated patient medical records, which were used to support false and fraudulent billing to Medicare and Florida Medicaid. In 2011, Gonzalez worked at HCSN in North Carolina, where she fabricated therapy notes and medical records, and provided unlicensed therapy when licensed therapists were absent.
According to court documents, 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. Alleged co-conspirator Wondera Eason is scheduled for trial on April 22, 2013, before Judge Altonaga in Miami. 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.
The cases are being prosecuted by Special Trial Attorney William Parente and Trial Attorneys Allan J. Medina and Steven Kim of the Criminal Division's Fraud Section. 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.
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.
Health Care Clinic Director Pleads Guilty in Miami for Role in $63 Million Health Care Fraud SchemeRead the Press Release
A former health care clinic director and licensed therapist pleaded guilty today in connection with a health care fraud scheme involving defunct health provider Health Care Solutions Network Inc. (HCSN), announced 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 Investigations Miami Office.
Paul Thomas Layman, 66, of Miami, pleaded guilty before U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida to one count of conspiracy to commit health care fraud.
Layman’s co-conspirator Dana Gonzalez, 43, of Miami, a registered clinical social worker intern in Florida, pleaded guilty yesterday to one count of conspiracy to commit health care fraud for her role in the scheme.
During the course of the conspiracy, Layman was employed as a substance abuse counselor, therapist and clinical director of 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 three locations. During his employment, Layman worked full time at all HCSN locations in Florida in various capacities. According to court documents, Layman 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. Layman 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.
Court documents reveal that Layman was aware that HCSN personnel in Florida were fabricating patient medical records. 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. During his employment at HCSN in Florida, Layman signed fabricated PHP therapy notes and other medical records used to support false claims to government sponsored health care programs.
HCSN also operated one location in Hendersonville, N.C. At the Hendersonville location, Layman served as the clinical director and assisted HCSN owner Armando Gonzalez in obtaining necessary licensing, credentials and Medicare authorizations for HCSN. According to court documents, from 2008 through 2009, Layman purportedly supervised therapists at HCSN in Hendersonville, including Alexandra Haynes, who was an unlicensed therapist purportedly performing PHP therapy to HCSN patients. For their roles in the conspiracy, Gonzalez pleaded guilty to one count of conspiracy to commit health care fraud and one count of conspiracy to commit money laundering, and Haynes pleaded guilty to one count of conspiracy to commit health care fraud. On Monday, Feb. 25, 2013, Gonzalez was sentenced to serve 168 months in prison for his role in the scheme.
According to court documents, Dana Gonzalez worked at HCSN in Florida from approximately April 2005 through December 2010. At HCSN in Florida, Gonzalez fabricated patient medical records, which were used to support false and fraudulent billing to Medicare and Florida Medicaid. In 2011, Gonzalez worked at HCSN in North Carolina, where she fabricated therapy notes and medical records, and provided unlicensed therapy when licensed therapists were absent.
According to court documents, 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. Alleged co-conspirator Wondera Eason is scheduled for trial on April 22, 2013, before Judge Altonaga in Miami. 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.
The cases are being prosecuted by Special Trial Attorney William Parente and Trial Attorneys Allan J. Medina and Steven Kim of the Criminal Division's Fraud Section. 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.
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.
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.
Hartford Crack Dealer Sentenced to More Than 10 Years in Federal PrisonRead the Press Release
March 7, 2013David B. Fein, United States Attorney for the District of Connecticut, announced that JAYQUAN FANIEL, 28, of Hartford, was sentenced today by United States District Judge Janet C. Hall in New Haven to 126 months of imprisonment, followed by eight years of supervised release, for distributing crack cocaine and for violating the conditions of his supervised release from a previous federal conviction.
This matter stems from “Operation Vinefield,” a joint law enforcement investigation headed by the FBI’s Northern Connecticut Violent Crimes Task Force targeting narcotics trafficking and gang violence in Hartford’s North End. As a result of the nine-month investigation, 38 individuals were charged with various offenses related to the distribution of crack cocaine and the unlawful possession and dealing of firearms in and around Hartford.
According to court documents and statements made in court, on April 23, 2012, an individual working with law enforcement purchased approximately 3.5 grams of crack cocaine from FANIEL at FANIEL’s Garden Street residence. On April 27, 2012, investigators conducted a court-authorized search of the residence and recovered approximately 148 grams of crack cocaine, a digital scale, $1889 in cash and a loaded 9mm semi-automatic pistol.
FANIEL has been detained since his arrest on April 27, 2012. On October 9, 2012, he pleaded guilty to one count of possession with intent to distribute 28 grams or more of cocaine base (“crack cocaine”).
FANIEL’s criminal history includes a federal conviction in 2005 related to his distribution of crack cocaine in Hartford for which he received a 60-month sentence. He was released from prison in 2009 and was serving a term of supervised release at the time of this most recent offense.
Judge Hall sentenced FANIEL to 120 months for distributing crack cocaine, and a consecutive six-month sentence for violating the conditions of his supervised release.
This matter has been investigated by the FBI’s Northern Connecticut Violent Crimes Task Force, the Connecticut State Police, the Hartford Police Department, and the Connecticut Department of Correction. The case is being prosecuted by Assistant United States Attorney Brian P. Leaming.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Four Face Federal Charges of Methamphetamine Manufacturing and DistributionRead the Press Release
Lead Defendant Considered Knox County’s ‘Most Wanted’
Galesburg, Ill. – A grand jury has charged a Galesburg, Ill., man, Steven M. Cramer, 49, and three others, with a single count of conspiracy to manufacture and distribute methamphetamine over the past four years. Cramer, of the 800 block of Abingdon Street, is charged, along with Amanda Jo Davis, 31, of the 100 block of Arthur Street; Lloyd L. Bell, 45, of the 1300 block of Rona Drive; and Jeremy N. Epperson, 38, of the 1000 block of Lyman Street, Galesburg, Ill.
The grand jury returned the indictment on Feb. 21; however, the indictment remained sealed pending the defendants’ arrests and initial appearances in federal court in Peoria. Cramer was previously arrested and charged in state court. Davis was taken into law enforcement custody on Mar. 3; Bell and Epperson were arrested on Mar. 1. The defendants appeared on Monday, before U.S. Magistrate Judge John A. Gorman. Cramer, Bell, and Epperson were ordered to remain detained in the custody of the U.S. Marshals Service; Davis was released on a recognizance bond. Trial is scheduled on Apr. 15, 2013, before Senior U.S. District Judge Michael M. Mihm.
Jim Lewis, U.S. Attorney for the Central District of Illinois, today joined Knox County Sheriff David Clague; Knox County State’s Attorney John Pepmeyer; Galesburg Police Chief David Christensen; Rene Sandoval, Director of the Multi-county Narcotic Enforcement Group, known as PMEG; and Illinois State Police, to announce the indictment. The case is being prosecuted in federal court by Assistant U.S. Attorney Tate Chambers.
The indictment alleges that Cramer, identified in January 2013 by Knox County law enforcement as its ‘most wanted’ violent offender, conspired with Davis, Bell and Epperson, and others, to manufacture and distribute methamphetamine in Knox County. The indictment charges the four with participating in the conspiracy over a four-year period, beginning in or about January 2009 and continuing to January 2013, and involving more than 500 grams of methamphetamine.
If convicted, the penalty for the offense carries a statutory mandatory minimum penalty of 10 years to life in prison. If a defendant has one prior felony drug conviction, the mandatory minimum penalty is enhanced to 20 years to life in prison. With two or more prior felony drug convictions, the statutory penalty is life in prison without parole.
Members of the public are reminded that an indictment is merely an accusation; the defendants are presumed innocent unless proven guilty.
Four Convicted in ‘Sovereign Citizen’ InvestigationRead the Press Release
An investigation into the criminal conduct of members of the so-called ‘Sovereign Citizen’ movement has resulted in four defendants being convicted by juries in U.S. District Court in Tacoma, announced U.S. Attorney Jenny A. Durkan. The jury deliberated for five hours before convicting RAYMOND LEO JARLIK BELL and UTE CHRISTINE JARLIK BELL of four counts of filing false, fictitious and fraudulent claims. RAYMOND LEO JARLIK BELL was also convicted of 15 counts of assisting in filing false tax returns, three counts of mail fraud, and one count of obstruction of justice. Judge Ronald B. Leighton scheduled sentencing for the couple from Yelm, Washington on June 14, 2013.
Just last week, two other co-conspirators in a related case were convicted of federal charges for their criminal conduct. KENNETH WAYNE LEAMING, 57, of Spanaway, Washington, was convicted of three counts of filing false liens against federal officials, and one count of harboring federal fugitives and being a felon in possession of firearms. His co-conspirator, former Tacoma resident DAVID CARROLL STEPHENSON, was convicted of a single count of filing false liens against a federal official.
“The right to criticize our government is one of the most cherished rights. But this liberty does not include the right to commit crimes,” said U.S. Attorney Jenny A. Durkan. “These defendants repeatedly broke the law with frauds aimed at taxpayers and public servants. We are grateful the jury held them accountable for their actions.”
According to records filed in the case, law enforcement was investigating an on-going tax fraud scheme involving the JARLIK BELLs when LEAMING and STEPHENSON’s criminal conduct was uncovered. Both men already had federal criminal convictions. The JARLIK BELL investigation centered on the filing of false tax returns using a scheme known as OID fraud; RAYMOND LEO JARLIK BELL advised and assisted others in using the scheme. In 2006, the BELLs obtained a tax refund in excess of $30,000 using the scheme. Six others who were advised by JARLIK BELL also filed for and received fraudulent refunds they did not deserve. One woman received a tax refund of more than $590,000.
“There are people out there peddling ideas that are the modern equivalent of snake oil. The notion that there is a secret way to get the government to pay you money that you are not entitled to is just plain wrong. Our tax laws are public record and this conviction by jury proves that people who file false claims and sell that idea to others will be held accountable for their deceit,” said Kenneth J. Hines, Special Agent in Charge of IRS Criminal Investigation in the Pacific Northwest.
Materials found in a search of the JARLIK BELL home implicated LEAMING in separate criminal conduct. When investigators with a warrant searched LEAMING’s Spanaway home on November 21, 2011, they found six firearms. LEAMING was prohibited from possessing firearms because of a prior felony conviction of operating an aircraft without a pilot’s license. Additionally, investigators determined that two wanted federal fugitives from Arkansas had been living with LEAMING in his home. Finally, the search revealed that LEAMING and STEPHENSON, who was an inmate at the time in an Arizona federal prison, had been conspiring to file liens against various federal officials including the Arizona prison warden and the head of the Federal Bureau of Prisons.
Members of the Sovereign Citizen movement profess a belief that both state and federal government entities are illegitimate. Members of this group often engaged in so-called “freedom driving,” i.e., driving about without state-required licenses, either for their vehicles or themselves. When contacted by local law enforcement, members of the group often bombard local officials (from the officer, to local judges, to mayors and other members of local government) with frivolous liens, false claims, and sometimes threats of violence. Many members of this same group had previously come to the attention of federal law enforcement for engaging in various fraudulent tax schemes, wire fraud schemes, and (occasionally) inappropriate communications with various members of federal law enforcement and the judiciary.
Two other defendants active in the Sovereign Citizen movement have already been sentenced to prison for their criminal conduct. David Russell Myrland was sentenced in 2011 to 40 months in prison for making threats against elected officials in Kirkland, Washington. And in 2012 Timothy Garrison was sentenced to 42 months in prison for assisting in the filing of false tax returns.
The cases were investigated by the Internal Revenue Service Criminal Investigation (IRS-CI), the FBI, ATF, the Federal Protective Service and the U.S. Marshal Service.
The cases were prosecuted by Assistant United States Attorneys Vince Lombardi, Jill Otake, Thomas Woods and Matthew Diggs.
Fort Worth Man Sentenced to 51 Months for Drug TraffickingRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A 39-year-old Fort Worth, Texas man has been sentenced to 51 months in federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Ray Lee Ransom pleaded guilty on April 20, 2012 to conspiracy to possess with intent to distribute hydrocodone, alprazolam and promethazine with codeine. Ransom was sentenced to a total of 51 months in federal prison today by U.S. District Judge Michael H. Schneider.
According to information presented in court, from May, 2009 through 2011, Ransom conspired with others to purchase and distribute hydrocodone, alprazolam and promethazine with codeine. Ransom and his co-conspirators purchased these controlled substances at numerous pharmacies in cities located throughout the Eastern District of Texas and in other locations, utilizing fraudulent prescriptions. A federal grand jury returned an indictment on November 2, 2011, charging 5 individuals, including Ransom, with conspiracy to possess with the intent to distribute the drugs. All of the co-defendants have been sentenced.
This case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.Former Youth Group Leader Sentenced to 5 Years in Prison for Transportation of Child PornographyRead the Press Release
WILMINGTON, Del. – David Osborn, age 41, of New Castle, Delaware, was sentenced today to 5 years in prison for transportation of child pornography via AOL chat rooms and email. Osborn also was sentenced to 5 years of supervised release following his prison sentence. He also will be required to register as a sex offender in any jurisdiction in which he lives, works, or attends school. United States Attorney Charles M. Oberly, III made the announcement following Osborn’s sentencing hearing before United States District Judge Richard G. Andrews.
According to statements made at today’s hearing and documents filed in court, Osborn was identified by the Federal Bureau of Investigation through reports of child pornography trafficking that had been provided by AOL LLC to the National Center for Missing and Exploited Children (“NCMEC”). Under federal law, internet service providers, such as AOL, are required to report suspected child pornography being transmitted over their servers to NCMEC, which then directs these “cybertips” to the appropriate law enforcement agency. AOL reported that an AOL user, later identified as Osborn, used AOL email to trade images of child pornography with another AOL customer in South Florida.
On May 26, 2011, federal agents executed a search warrant at Osborn’s New Castle residence and arrested Osborn after finding over 700 images of child pornography on his computer equipment. Law enforcement agents also searched Osborn’s email account, which was found to contain additional images of child pornography. Osborn’s child pornography collection focused mainly on girls between the ages of four and sixteen. Forensic data found on the equipment indicated that Osborn had been receiving and distributing images of child pornography for over eight years. Also found were over 500 internet chat logs between Osborn and others regarding child sexual exploitation. Investigators also learned that Osborn was the moderator of an online chat room devoted to discussions of hitting and beating children to coerce them into engaging in sexual acts.
Over the 13 years prior to his May 26, 2011 arrest, Osborn worked as a substitute teacher in the Appoquinimink School District and as a school bus driver for elementary and high school students at various New Castle County Schools. Osborn also was a member of Masons Lodge Number 26, in Newport, Delaware, where he held various positions supervising youth groups for pre-teen and teenage boys and girls.
This case is being investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Edward J. McAndrew, of the District of Delaware, and Trial Attorney Michael Grant, of the United States Department of Justice’s Child Exploitation and Obscenity Section.
For more information about reporting online child exploitation to the national CyberTipline, visit the National Center for Missing and Exploited Children’s website at: www.missingkids.com. For more information about the United States Department of Justice’s Project Safe Childhood program, visit http://www.justice.gov/psc/.
Former Texas Police Officer Pleads Guilty to Violating the Civil Rights of an ArresteeRead the Press Release
Frank William Carter, 43, a former police officer of the Laredo, Texas, Police Department (LPD), pleaded guilty today in federal court to violating the civil rights of an arrestee, the Justice Department announced today.
During his guilty plea before U.S. District Judge Diana Saldaña, Carter admitted that while using his authority as a LPD officer, he entered the backseat of a LPD patrol car where the victim was handcuffed and detained and struck the victim several times. According to information presented in court, rear-facing dash camera audio and video recordings revealed that Carter yelled obscenities at the victim while he punched the victim in the head and body. Carter also repeatedly slammed the victim’s face into the back of the seat. The victim remained handcuffed during the entire incident and never resisted or attempted to harm Carter.
“Mr. Carter has admitted that he used unjustified and unlawful force against a handcuffed arrestee,” said Assistant Attorney General for the Civil Rights Division Thomas E. Perez. “The Justice Department will continue to prosecute law enforcement officers who violate the constitutional rights of individuals in their custody.”
Judge Saldaña has ordered a pre-sentence report to be due April 11, 2013, at which time she will set sentencing date and decide whether to accept the guilty plea Carter entered today. Carter faces a maximum penalty of ten years in prison.
This case was investigated by FBI Special Agent Anthony Manganaro and Texas Ranger Nathan Mutz. The case is being prosecuted by Civil Rights Division Trial Attorneys Ryan Murguía and Christopher Lomax, with the assistance of the U.S. Attorney’s Office for the Southern District of Texas.
Former Owner of Estacada Construction Company Sentenced to One Year in Federal Residential Reentry CenterRead the Press Release
Defendant Ordered to Pay Restitution to I.R.S. and Serve Five Years ProbationPORTLAND, Ore. - Amanda Marshall, U. S. Attorney for the District of Oregon, today announced that on Wednesday, March 6, Jeffry D. Goodrich, age 48, Estacada, Oregon was sentenced to federal probation for five years, the first year to be served living in a residential reentry center. U.S. District Judge Anna Brown also ordered Goodrich to pay restitution to the IRS in the amount of $145,308, and prohibited him from being self-employed or running a business.
Goodrich pled guilty on June 4, 2012 to willfully failing to file payroll tax returns and remit payroll taxes to the IRS for Eagles View Construction from October 2005 through September 2006. Goodrich was a co-owner of Eagles View Construction and he handled the accounting and payroll for the company. Goodrich withheld payroll taxes from over 30 employees of Eagles View Construction and he gave each employee a W-2 form at the end of 2005 and 2006 showing payroll taxes had been withheld, but he did not file payroll tax returns for the company and he did not remit to the IRS the payroll taxes he withheld.
In November 2005, in an unrelated case, Goodrich pleaded guilty to bank fraud in connection with altering checks from customers of Eagles View Construction and depositing these checks into a personal bank account. In October 2006, Goodrich was sentenced to five months in federal prison, followed by five months home confinement, for this offense.
“Failure to pay payroll taxes is a serious crime because it deprives Medicare and Social Security of needed funds, reduces the money available for the federal government to provide basic services, and gives an unfair competitive advantage over law-abiding businesses,” said U.S. Attorney Marshall. “This office, in partnership with the IRS, will vigorously investigate and prosecute business owners who do not pay their fair share of payroll taxes.”
“When people withhold money from the paychecks of their hard-working employees, that money isn’t meant to be a personal slush fund. Taxes that are withheld from paychecks and not paid over to the government are stolen from the American public,” said Kenneth J. Hines, Special Agent in Charge of IRS Criminal Investigation in the Pacific Northwest.
This case was investigated by the Criminal Investigation Division of the Internal Revenue Service. The case is being handled by Assistant U. S. Attorney Seth D. Uram.
Former New Mexico State Contractor Pleads Guilty to Evading Federal TaxesRead the Press Release
ALBUQUERQUE – Shelda Sutton Mendoza, 60, of Albuquerque, N.M., pled guilty this morning to evading federal taxes. Under the terms of her plea agreement, Sutton Mendoza faces a prison sentence of 10 to 16 months in prison followed by not more than three years of supervised release. Sutton Mendoza also will be required to pay $167,362 in restitution to the IRS.
Sutton Mendoza was indicted in Dec. 2011, and charged with five counts of tax evasion. At the time of the crimes charged in the indictment, Sutton Mendoza was owner and sole shareholder of NYSNC Environmental, Inc. (NYSNC), an environmental clean-up and testing service established in 2000 and incorporated in Oct. 2003. NYSNC contracted primarily with the New Mexico Environmental Department, where Sutton Mendoza was employed in the Petroleum Storage Bureau for more than six years before leaving to establish NYSNC. The indictment charged Sutton Mendoza with evading federal personal and corporate taxes during tax years 2003, 2004 and 2005 by intentionally filing false tax returns that misrepresented her personal and corporate taxable income.
According to the plea agreement, Sutton Mendoza routinely used NYSNC funds to pay for personal expenses. In 2003 and 2004, she used more than $70,000.00 in company funds to pay for a custom designed in-ground swimming pool with custom mosaic murals and more than $200,000.00 in company funds to pay for personal clothing, handbags and cosmetics. Sutton Mendoza admitted that paying for personal expenses with company funds rendered the money taxable as personal income to her, and that she knowingly concealed from the IRS the extent of both NYSNC’s and her taxable income.
In her plea agreement, Sutton Mendoza admitted that for tax years 2003 and 2004, she signed and filed false personal and corporate federal tax returns which omitted significant personal and corporate income. She acknowledged intentionally filing a false tax return for NYSNC for calendar year 2003 in which she reported only $1,447,855.00 of the company’s gross income of $1,803,844.52, and thus evaded $17,021.00 in federal taxes. Sutton Mendoza also intentionally evaded $76,660.00 in personal income taxes for calendar year 2003 by underreporting her gross income of $261,152.00. For calendar year 2004, Sutton Mendoza reported only $851,998.00 of NYSNC’s gross income of $1,138,090.02, and thus evaded $2,121.00 in federal taxes. She also intentionally evaded $71,560.00 in personal income taxes in calendar year 2004 by underreporting her gross income of $250,580.00.
Sutton Mendoza’s sentencing hearing has yet to be scheduled.
The case was investigated by IRS, Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney Mary L. Higgins.