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22 April 2013
Jemez Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Jerome Dominic Concha, 20, a member and resident of Jemez Pueblo, pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Concha was arrested on Jan. 10, 2013, on a criminal complaint charging him with assault with a dangerous weapon. In Feb. 2013, Concha was indicted and charged with assault resulting in serious bodily injury. According to court records, on Jan. 1, 2013, Concha repeatedly struck another Jemez Pueblo man in the face and head with a hatchet in a residence on Jemez Pueblo.
During this morning’s proceedings, Concha pled guilty to the indictment and admitted assaulting the victim with a hatchet. The victim sustained serious injuries, including a depressed skull fracture, a fracture to the jaw and upper palate, and the loss of multiple teeth, as a result of the assault.
Concha has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Concha faces a maximum penalty of ten years in prison, a $250,000 fine and three years of supervised release.
The case was investigated by the Albuquerque office of the FBI, with assistance from the Jemez Pueblo Police Department, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Jefferson County Man Arrested for Child Exploitation ViolationsRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas — A 32-year-old Port Neches, Texas man has been arrested on child exploitation charges in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Christopher Dale Harrison was arrested on Apr. 19, 2013 pursuant to a federal criminal complaint charging him with possession, distribution, receipt, and production of child pornography. Harrison appeared before U.S. Magistrate Judge Keith F. Giblin today.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
If convicted, Harrison faces up to 30 years for the production charges and up to 10 years for the other charges.
This case is being investigated by the Homeland Security Investigations HSI-ICE, the Port Neches Police Department, the Beaumont Police Department, and the Orange County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Michelle Englade.
It is important to note that an arrest, indictment, or complaint should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.Harrison County Man Sentenced for Drug TraffickingRead the Press Release
Department of Justice
Office of Public AffairsMARSHALL, Texas – A 56-year-old Karnack, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
David Lynn Sirmans pleaded guilty on Dec. 17, 2012, to manufacturing methamphetamine and was sentenced to 60 months in federal prison on Apr. 19, 2013, by U.S. District Judge Rodney Gilstrap.
According to information presented in court, Sirmans was involved in a conspiracy with others to purchase cold pills containing pseudoephedrine at multiple pharmacies across East Texas. Sirmans admitted to using the cold pills to manufacture methamphetamine at his residence near Karnack.
Sirmans, along with 16 co-defendants, was indicted by a federal grand jury on Feb. 1, 2012 and charged with federal drug trafficking violations
This case was investigated by the Texas Department of Public Safety Criminal Investigations Division and the Harrison County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Allen Hurst.Harrison County Man Sentenced for Dealing Meth in East TexasRead the Press Release
Department of Justice
Office of Public AffairsMARSHALL, Texas – A 56-year-old Marshall, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Adrian Denova Sanchez pleaded guilty on Jan. 30, 2013, to conspiracy to possess with intent to distribute and distribution of methamphetamine and was sentenced to 127 months in federal prison on Apr. 19, 2013, by U.S. District Judge Rodney Gilstrap. Sanchez was also ordered to forfeiture of $10,000.00 to the U.S. Marshal Service.
According to information presented in court, between November 2009 and October 2012, Sanchez was involved in a conspiracy to manufacture and distribute methamphetamine and cocaine in East Texas. Sanchez admitted to distributing over 50 grams of methamphetamine and selling a semi-automatic pistol during the conspiracy. Sanchez and four others were indicted on Nov. 7, 2012 and charged with federal drug and gun crimes.
This case was investigated by the Federal Bureau of Investigation, the Marshall Police Department, the Harrison County District Attorney’s Office, the Harrison County Sheriff’s Office and the Texas Department of Public Safety-Special Crimes and prosecuted by Assistant U.S. Attorney Allen Hurst.
Frederick Man Exiled to 6 Years in Prison for Carrying A Gun During A Drug Trafficking CrimeRead the Press Release
Baltimore, Maryland - U.S. District Judge Catherine C. Blake sentenced Tavares Bowie, age 35, of Frederick, Maryland, today to six years in prison followed by five years of supervised release for carrying a firearm during a drug trafficking crime. Bowie also pleaded guilty today.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Frederick County State’s Attorney J. Charles Smith; and Frederick Police Chief Thomas J. Ledwell.
According to Bowie's plea agreement, on September 3, 2012, Frederick Police officers received a report of a man with a gun at a bar in the area of 325 Market Street. Officers saw Bowie, who matched the description of the person described in the 911 call, walking on Market Street, carrying a small handgun in his left hand. Officers recovered the gun, a .380 caliber handgun, and during a subsequent search of Bowie recovered a baggie containing 22 individually wrapped pieces of crack cocaine for street distribution from his pants pocket.
United States Attorney Rod J. Rosenstein commended the ATF, Frederick Police Department and Frederick County State’s Attorney=s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney John F. Purcell, who prosecuted the case.
Former Owner of Los Angeles Medical Equipment Supply Company Pleads Guilty to Conspiring to Defraud MedicareRead the Press Release
A former owner of a Los Angeles-area medical equipment supply company pleaded guilty today to conspiring with others to defraud Medicare, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney André Birotte Jr. of the Central District of California; Glenn R. Ferry, Special Agent in Charge for the Los Angeles Region of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG); and Bill L. Lewis, Assistant Director in Charge of the FBI’s Los Angeles Field Office.
Tigran Aklyan, 37, of Van Nuys, Calif., pleaded guilty before U.S. District Judge Michael W. Fitzgerald in the Central District of California to one count of conspiracy to commit health care fraud.
According to court documents, Aklyan was the owner and president of Las Tunas Medical Equipment Inc., a durable medical equipment (DME) supply company located in San Gabriel, Calif. Aklyan admitted that from approximately October 2007 through May 2009, he conspired with others to commit health care fraud through the operation of Las Tunas by providing medically unnecessary power wheelchairs and other DME to Medicare beneficiaries and submitting false and fraudulent claims to Medicare. Aklyan admitted that he paid the owners and operators of fraudulent medical clinics to provide him with prescriptions and supporting medical documentation for the power wheelchairs and DME that he billed to Medicare. Aklyan admitted knowing that the prescriptions and medical documents that the clinics produced were fraudulent, yet he certified to Medicare with the submission of each claim that the DME was medically necessary. Aklyan also admitted that he knew it was illegal for him to pay for prescriptions, but he did so anyway.
From approximately Dec. 17, 2007, through Feb. 20, 2009, Aklyan, through Las Tunas, submitted approximately $910,377 in fraudulent claims to Medicare for power wheelchairs and related services, and Medicare paid Las Tunas approximately $653,461 on those claims.
At sentencing, scheduled for Aug. 5, 2013, Aklyan faces a maximum penalty of 10 years in prison and a $250,000 fine.
This case is being prosecuted by Trial Attorneys David M. Maria and Blanca Quintero of the Criminal Division’s Fraud Section. The case was 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 Central District of California.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers. To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Former Kirtland Man Sentenced to Prison for Tax ViolationsRead the Press Release
A former Kirtland man was sentenced to more than two years in prison for filing false income taxes, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
John C. Hartman, age 61, previously pleaded guilty to two counts of filing false tax returns for the years 2005 and 2006. His tax returns omitted more than $360,000 in income obtained from relatives that he defrauded, according to court documents.
Hartman solicited the money from family members under the guise that he was going to invest their money in various investments such as stock, raw materials and real property. He never invested these funds. Instead, Hartman used these funds to pay for personal expenses, according to court documents.
Hartman also obtained money by telling his friends and family members that he needed funds to pay for outstanding tax obligations, a bad stock investment, and medical expenses for his sick wife. He obtained these funds under the guise of loans. Hartman had no such delinquent tax obligations or bad stock investments and his wife did not have the serious medical condition that Hartman described. Hartman had no intention to repay any of the funds he purported to be loans. Instead, Hartman spent the funds on personal expenses, according to court documents.
The unreported income from fraud for 2005 and 2006 was $230,000 and $136,500, respectively. The tax loss for 2005 and 2006 was $65,797 and $17,963, respectively.
This case is being prosecuted by Assistant United States Attorney Robert Patton and Special Assistant United States Attorney Perry D. Mastrocola, following an investigation by the Internal Revenue Service Criminal Investigation Division.
Former Jersey City Council Candidate Admits Mishandling ContributionsRead the Press Release
NEWARK – Former Jersey City Council candidate Lori Serrano today admitted to converting federal funds illegally for her own use, U.S. Attorney Paul J. Fishman announced.
Serrano, 41, of Jersey City, N.J., pleaded guilty before U.S. District Judge Jose L. Linares to a Superseding Information charging her with converting to her own use and the use of another up to $1,000 in money of the United States to which she was not entitled.
According to documents filed in this case and statements made in court:
Serrano, as a 2009 candidate for city council for Jersey City, had a duty truthfully to account to her campaign committee for contributions received and not to use committee funds for any improper purpose, such as for personal use. On March 30, 2009, and April 23, 2009, in Bayonne, N.J., Serrano accepted cash contributions from Solomon Dwek, who was cooperating with federal law enforcement agents. Serrano accepted those contributions with the intent to convert a portion of the money without the authority of the campaign committee. She applied up to $1,000 of that money to pay her own campaign expenses. The funds that Serrano admitted converting were federal funds given to Dwek by the FBI as part of the investigation.
The misdemeanor charge to which Serrano pleaded guilty carries a maximum potential penalty of one year in prison and a $100,000 fine. Serrano had been facing a mail fraud charge, which, according to the plea agreement, will be dismissed at the time of her sentencing. Sentencing is scheduled for Aug. 1, 2013.
Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Eric W. Moran of the U.S. Attorney’s Office Special Prosecutions Division.
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Defense counsel: Raymond L. Hamlin Esq., Newark
Serrano Superseding Information
Former Foreman Pleads Guilty to Violating Clean Air ActRead the Press Release
ROANOKE, VIRGINIA -- The former foreman of an asbestos company, hired to remove asbestos-containing materials from Virginia Tech’s Cowgill Hall in 2007, pled guilty this morning in the United States District Court for the Western District of Virginia in Roanoke for violating the Clean Air Act.
Edward K. Durst, 52, of Richmond, Va., was charged in a five count indictment in October 2012. Durst pled guilty, today, to one count of knowingly disposing of and causing the disposal of, regulated asbestos-containing materials in violation of the Clean Air Act and the federal regulations regarding proper handling of asbestos.
“The Clean Air Act requires construction officials to follow basic rules that ensure a safe and clean environment for future generations,” United States Attorney Timothy J. Heaphy said today. “When individuals like Mr. Durst violate this important environmental protection, this office and the Blue Ridge Environmental Task Force will hold them criminally accountable.”
"Asbestos is a known carcinogen, can cause other fatal diseases and has no safe exposure level,” said David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program in Virginia. “The defendant directed workers to sell the window frames to a recycling center rather than taking them to a facility equipped to handle hazardous wastes safely and legally. Unsafe disposal of any hazardous material endangers human health. This way of ‘doing business’ is both dangerous and criminal. EPA and its partner agencies will vigorously prosecute those who place profit ahead of public health and the environment.”
According to evidence presented at today’s hearing by Special Assistant United States Attorney David Lastra and Assistant United States Attorney Jennie Waering, Durst’s former employer, an asbestos abatement company, was hired to oversee the removal and disposal of asbestos-containing materials from Cowgill Hall on the campus of Virginia Tech in 2007. The materials were aluminum window frames with asbestos glazing.
Instead of properly handling, transporting and disposing of those materials, in compliance with the Clean Air Act, Durst, instructed others to remove and dispose of the window frames from a designated asbestos waste container and load them into unlabeled vehicles. Durst later instructed others to transport those materials to a metal recycling facility and kept the cash payments for the scrap aluminum.
At sentencing, the maximum possible penalty faced by the defendant is up to five years in prison and/or a fine of up to $250,000.
The investigation of the case began when the president of the asbestos abatement company became aware of Durst’s conduct and contacted the Virginia Tech Police Department. The federal investigation was conducted by the Blue Ridge Environmental Task Force, the Environmental Protection Agency, the Office of Inspector General United States Housing and Urban Development, the Virginia Tech Police Department and the Christiansburg Police Department. Special Assistant United States Attorney David Lastra (EPA Regional Criminal Enforcement Counsel) and United States Attorney Jennie L.M. Waering are prosecuting the case for the United States.Former Agriculture Commissioner Indicted for Misappropriating Department FundsRead the Press Release
LEXINGTON, KY - A federal indictment was unsealed today charging former Kentucky Agriculture Commissioner Richard Dwight Farmer Jr., with misusing and misappropriating money and property belonging to the Kentucky Department of Agriculture (KDA) during his tenure.
The indictment, filed Friday, April 19, charges Farmer, 43, with four counts of misappropriating property and funds of the KDA, a state agency that receives more than $10,000 annually in federal funds. Each of the four counts covers alleged misconduct occurring in separate calendar years beginning with 2008 and ending with 2011.
Farmer is also charged with one count of soliciting property of value in exchange for intending to be influenced in KDA matters.
According to the indictment, Farmer abused his authority throughout his tenure, using KDA funds to obtain rifles, clothes, hotel rooms, computer equipment and home appliances, all for himself, friends and family.
One example of Farmer’s alleged misuse of funds occurred in 2008, at the Southern Association of State Departments of Agricultural Conference held in Kentucky. The indictment alleges Farmer bought a surplus of gifts for participants and conference workers, such as rifles, watches, case knives, and personalized cigar boxes, and then kept the excess gifts for his personal use.
The indictment also alleges that Farmer misused his position to secure jobs for his friends. According to the indictment, Farmer directed the KDA to create several paid “Special Assistant” positions. He hired friends for these positions, and he ensured that they operated with little oversight and performed minimal official work. Some of these “Special Assistants” received state government salaries in exchange for performing home improvement projects and other personal services for Farmer.
Additionally, on multiple occasions, Farmer allegedly bought hotel rooms at the Kentucky State Fair for extended family using KDA’s money.
Another count in the indictment alleges that Farmer solicited and accepted property from an eastern Kentucky motor vehicle dealership, intending to be influenced in the decision in which he attempted to award KDA grant money to the dealership.
The U.S. Government is seeking the forfeiture of $450,000, which represents the approximate total amount of KDA money that Farmer allegedly misused.
The KDA is a state government agency that is funded, in part, with money provided by the federal government. The indictment alleges that the KDA receives millions of dollars annually in federal money.
Farmer was elected to two terms as Commissioner of Agriculture and was responsible for the supervision and administration of the KDA from January 2004 until January 2012.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, Perrye Turner, Special Agent in Charge, FBI, and Jack Conway, Kentucky Attorney General jointly announced the indictment today.
The investigation preceding the indictment was conducted by the Kentucky Attorney General’s Office and the FBI. The indictment was presented to the grand jury by Assistant U.S. Attorneys Kenneth R. Taylor and Andrew T. Boone, and trial attorney Sean Mulryne with the Public Integrity Section of the United States Department of Justice.
A date for Farmer to appear in court has not yet been scheduled. Each count carries a maximum penalty of 10 years in prison and up to a $250,000 fine. However, any sentence following a conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
Florida Woman Sentenced to Serve 72 Months<br /> in Prison for Conspiring to Distribute <br /> Prescription Drugs over the InternetRead the Press Release
Lina Rodriguez, 34, was sentenced today in the U.S. District Court for the Southern District of Florida to serve 72 months in prison, followed by 24 months of supervised release, for operating and facilitating the operation of an Internet-pharmacy business that illegally shipped over $1.5 million of pharmaceuticals since July 2007 to U.S. and overseas purchasers.
According to the Dec. 6, 2012, indictment, Rodriguez owned an Internet-pharmacy business used to advertise, sell and distribute a wide variety of controlled substances and prescription drugs in the United States and abroad. Since May 2009, her co-defendant, Michael P. Jackson, of Carmi, Ill., supplied Rodriguez with the prescription drug known as Adderall, which contains amphetamine, a Schedule II controlled substance.
The drugs distributed by Rodriguez’s business included Adderall, Ritalin (containing the controlled substance methylphenidate), Esbelcaps (containing a combination of the controlled substances fenproporex and diazepam ), and other controlled and non-controlled substances.
“This prosecution aims to curb the flow of dangerous drugs into the hands of United States citizens,” said Stuart F. Delery, Assistant Attorney General for the Civil Division of the U.S. Department of Justice. “The controlled substance drugs allegedly sold by the defendants were not dispensed by U.S. licensed pharmacies, and were not prescribed by any physician. Along with FDA, the U.S. Postal Inspection Service, and our other law enforcement partners, we will continue to protect our citizens from unsafe and potentially harmful drugs.”
Rodriguez pled guilty to the lead count of the indictment on Feb. 11, 2012, which charged her and Jackson with conspiring to possess with the intent to distribute Adderall. According to her plea agreement, Rodriguez agreed to forfeit two vehicles and not to oppose a judgment against her in the amount of $36,112, as gross proceeds of the offense to which she pleaded guilty. Jackson awaits sentencing on June 3, 2013.
The case was investigated by the Miami Field Office of the U.S. Food & Drug Administration’s Office of Criminal Investigations; the Miami Division of the U.S. Postal Inspection Service; and the Sacramento Field Office of the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Kevin J. Larsen of the U.S. Attorney’s Office for the Southern District of Florida, and Perham Gorji, Trial Attorney for the U.S. Department of Justice’s Consumer Protection Branch.
Florida Woman Sentenced to Serve 72 Months in Prison for Conspiring to Distribute Prescription Drugs over the InternetRead the Press Release
Lina Rodriguez, 34, was sentenced today in the U.S. District Court for the Southern District of Florida to serve 72 months in prison, followed by 24 months of supervised release, for operating and facilitating the operation of an Internet-pharmacy business that illegally shipped over $1.5 million of pharmaceuticals since July 2007 to U.S. and overseas purchasers.
According to the Dec. 6, 2012, indictment, Rodriguez owned an Internet-pharmacy business used to advertise, sell and distribute a wide variety of controlled substances and prescription drugs in the United States and abroad. Since May 2009, her co-defendant, Michael P. Jackson, of Carmi, Ill., supplied Rodriguez with the prescription drug known as Adderall, which contains amphetamine, a Schedule II controlled substance.
The drugs distributed by Rodriguez’s business included Adderall, Ritalin (containing the controlled substance methylphenidate), Esbelcaps (containing a combination of the controlled substances fenproporex and diazepam), and other controlled and non-controlled substances.
“This prosecution aims to curb the flow of dangerous drugs into the hands of United States citizens,” said Stuart F. Delery, Assistant Attorney General for the Civil Division of the U.S. Department of Justice. “The controlled substance drugs allegedly sold by the defendants were not dispensed by U.S. licensed pharmacies, and were not prescribed by any physician. Along with FDA, the U.S. Postal Inspection Service, and our other law enforcement partners, we will continue to protect our citizens from unsafe and potentially harmful drugs.”
Rodriguez pled guilty to the lead count of the indictment on Feb. 11, 2012, which charged her and Jackson with conspiring to possess with the intent to distribute Adderall. According to her plea agreement, Rodriguez agreed to forfeit two vehicles and not to oppose a judgment against her in the amount of $36,112, as gross proceeds of the offense to which she pleaded guilty. Jackson awaits sentencing on June 3, 2013.
The case was investigated by the Miami Field Office of the U.S. Food & Drug Administration’s Office of Criminal Investigations; the Miami Division of the U.S. Postal Inspection Service; and the Sacramento Field Office of the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Kevin J. Larsen of the U.S. Attorney’s Office for the Southern District of Florida, and Perham Gorji, Trial Attorney for the U.S. Department of Justice’s Consumer Protection Branch.
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.
FBI Arrests Suburban Chicago Man for Allegedly Supporting Terrorism OverseasRead the Press Release
CHICAGO – A suburban Aurora man who allegedly attempted to travel overseas to join a jihadist militant group operating inside Syria is scheduled to have a detention hearing after being arrested Friday night. Gary S. Shapiro, United StatesAttorney for the Northern District of Illinois, and Cory B. Nelson, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation, announced the arrest on Saturday.
ABDELLA AHMAD TOUNISI, 18, a U.S. citizen, was arrested without incident Friday at O’Hare International Airport by members of the Chicago FBI’s Joint Terrorism Task Force as he attempted to board a flight destined for Istanbul, Turkey. He was charged in a criminal complaint filed Saturday in U.S. District Court with one count of attempting to provide material support to a foreign terrorist organization. Tounisi appeared Saturday before U.S. Magistrate Judge Daniel G. Martin and is being held pending a detention hearing at 9:30 a.m. tomorrow before Magistrate Martin in Federal Court in Chicago.
In announcing the charge, Mr. Nelson said that the investigation that led to Tounisi’s arrest began in 2012 and there is no connection between his arrest and the events that occurred last week in Boston.
The complaint states that Tounisi is a close friend of Adel Daoud, of Hillside, who was arrested in September 2012 for allegedly attempting to detonate a bomb outside a Chicago bar, and that Tounisi and Daoud appeared to share an interest in violent jihad. While Tounisi allegedly discussed attack techniques and targets prior to Daoud’s arrest, Tounisi did not participate in Daoud’s attempted attack. Daoud has pleaded not guilty and remains in custody while awaiting trial.
According to the Tounisi complaint, from January to April 2013, Tounisi conducted online research related to overseas travel and violent jihad, focusing specifically on Syria and the Jabhat al-Nusrah terrorist group. Jabhat al-Nusrah is listed by the U.S. Department of State as an alias for al-Qa’ida in Iraq (AQI), a designated foreign terrorist organization. The complaint alleges that Tounisi searched online for information about travel from Chicago to Syria, obtained a new passport, and, beginning in late March 2013, made online contact with an individual Tounisi believed to be a recruiter for Jabhat al-Nusrah. That individual was in fact an FBI employee acting in an online undercover capacity. The complaint further alleges that Tounisi and the undercover employee exchanged a series of emails in which Tounisi shared his plan to get to Syria by way of Turkey, as well as his willingness to die for the cause. During the exchanges, Tounisi also sought advice from the undercover employee on travel from Istanbul to the Turkish city of Gaziantep, which lies near the border of Turkey and Syria.
The complaint states that on April 10, Tounisi purchased an airline ticket for a flight from Chicago to Istanbul and on April 18, the undercover employee provided Tounisi with a bus ticket for travel from Istanbul to Gaziantep. Tounisi arrived at O’Hare International Airport’s international terminal Friday evening and was arrested after passing through airport security.
If convicted, Tounisi faces a maximum penalty of 15 years in prison and a $250,000 fine.
The JTTF is comprised of Special Agents of the FBI, officers of the Chicago Police Department, and representatives from an additional 20 federal, state and local law enforcement agencies. The Justice Department’s National Security Division assisted in the investigation.
Mr. Nelson expressed his gratitude to U.S. Customs and Border Protection for the significant support provided by its officers during the arrest of Tounisi.
The public is reminded that a complaint is not evidence of guilt and that the defendant is presumed innocent and entitled to fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Complaint
Eric Dufresne Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on April 18, 2013, before Chief U.S. District Judge Dana L. Christensen, ERIC DUFRESNE, a 39-year-old resident of Stevensville, appeared for sentencing. DUFRESNE was sentenced to a term of:
Prison: 18 months
Special Assessment: $100
Forfeiture: Computers
Supervised Release: 15 years
DUFRESNE was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
As part of a Montana Internet Crimes Against Children Task Force investigation, the Missoula County Sheriff's Office determined an IP address was offering known child pornography files available for download via the Internet. A Missoula County Sheriff's Office detective determined DUFRESNE was the registered subscriber for the IP address. A search warrant for DUFRESNE's residence was obtained, and the residence was searched on March 27, 2012. Agents seized a laptop computer which they determined belonged to DUFRESNE.
During the search, DUFRESNE was interviewed. He admitted he used peer to peer software, FrostWire, on his laptop computer to download files which depicted videos and images of child pornography.
A certified forensic computer examiner analyzed DUFRESNE's laptop. The examiner located video and image files which depict children engaged in sexually explicit conduct. The files creation dates were between December 2011 and March 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DUFRESNE will likely serve all of the time imposed by the court. In the federal system, DUFRESNE 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 a cooperative effort between the Internet Crimes Against Children (ICAC) Task Force, the Missoula County Sheriff's Office, and the Montana Division of Criminal Investigation.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC 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 PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
East Hampton Man Admits Placing Fake Bomb in Front of East Hampton Middle SchoolRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the FBI, announced that SEAN DORAN, 21, of East Hampton, pleaded guilty today before Chief United States District Judge Alvin W. Thompson in Hartford to one count of intentionally conveying false or misleading information and a hoax by leaving a fake bomb device at the front doors of East Hampton Middle School on January 12, 2013.
“This type of crime threatens the sense of security that children and teachers are entitled to enjoy at their schools,” stated U.S. Attorney Fein. “Hoax crimes and threats to schools will be thoroughly investigated by our law enforcement partners and prosecuted by this office to the fullest extent permitted by law.”
“Public safety is critical in any civilized society,” stated FBI Special Agent in Charge Mertz. “To that end, the FBI will investigate and bring to justice those who threaten the sanctity of public life. The FBI wants to assure the citizens of the State of Connecticut and the Nation, that together with our federal, state and local partners, we are truly committed to identifying threats to public safety, as that is our first obligation.”
According to court documents and statements made in court, at approximately 8:00 a.m. on January 12, 2013, custodians at the East Hampton Middle School arrived to find a device leaning against the front doors of the school. The device was a rectangular box, approximately 12 inches by eight inches by four inches in size, taped together with orange and red duct tape, and a white egg timer on top. School employees contacted the East Hampton Police Department, which subsequently notified the Connecticut State Police Bomb Squad. The Bomb Squad arrived on the scene and determined that the device did not contain any explosives.
A review of the East Hampton Middle School’s surveillance video revealed that DORAN placed the fake bomb at the doors of the school at approximately 1:47 a.m. that day.
Chief Judge Thompson has scheduled sentencing for August 1, 2013, at which time DORAN faces a maximum term of imprisonment of five years and a fine of up to $250,000.
This matter has been investigated by the Federal Bureau of Investigation’s JTTF, the East Hampton Police Department, the New Haven Police Department and the Connecticut State Police. The case is being prosecuted by Special Assistant United States Attorney Anjna R. Kapoor.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Dothan Man Convicted in Securities Fraud SchemeRead the Press Release
Edward Lincoln Forehand Caused $3 Million in Losses to 87 Investors
Montgomery, Alabama - Edward Lincoln Forehand, age 68, of Dothan, Alabama, was convicted yesterday on charges of securities fraud, mail fraud, wire fraud, and money laundering, announced the U.S. Attorney’s Office for the Middle District of Alabama and the Alabama Securities Commission (ASC).
Between 2006 and November 2009, Forehand, used the business name “USA Marketing,” to solicit investments from people, mainly in South Alabama and the Florida Panhandle. Forehand told investors that he had a relationship with an individual, Vicky Yeager. Yeager had a business, Elite Marketing (“Elite”), which had agreements with colleges and universities to sell them cookware. Forehand solicited investments in Elite from his victims. He promised the victims extraordinarily high rates of return on their investment in Elite (up to 700%).
Rather than sending the all of the investor’s money to Elite, Forehand used large amounts of the money to pay prior investors and to buy property and other items for himself. In particular, during the period from 2006 to November 2009, Forehand received $6.2 million from investors but only sent $1,605,790 to Elite. Meanwhile, Forehand promised to pay out to investors over $19 million.
Forehand also failed to disclose that in August 2009, six checks from Elite to USA Marketing totaling $600,000 bounced, that Elite never made good on the checks, and that from that point forward, Forehand stopped sending any investor money to Elite. Forehand also concealed Yeager’s true identity and the fact that Yeager had two prior criminal convictions for fraudulent conduct.
On November 10, 2009, Yeager died. After Yeager’s death, Forehand paid no further funds to investors, and 87 investors lost $2,991,654 of the monies they had given Forehand to invest in Elite.
“Justice was accomplished,” stated Louis V. Franklin, Criminal Chief at the U.S. Attorney’s Office. “This conviction sends a message to all scam artists that stealing victim’s hard earned money from unsuspecting victims will not be tolerated and will be prosecuted to the full extent of the law.”
Alabama Securities Commission Director Borg said, "This Commission is proud to be able to combine our efforts and resources with those of the U.S. Attorney's Office, Middle District of Alabama, and the FBI, to achieve a just and strong conviction against Forehand. Hopefully, this verdict will provide some relief to the hundreds of victims involved in this case and send a strong message to financial scamsters or to anyone thinking of cheating Alabamians out of their hard-earned dollars."
Forehand’s sentencing hearing is set for August 2, 3013. Each of the eight mail and wire fraud counts carries a statutory maximum sentence of 20 years imprisonment. Each of the four money laundering counts carries a maximum 10 year sentence, and each of the two securities fraud counts carries a maximum 5 year sentence.
The case was investigated by Special Agents of the Alabama Securities Commission, the FBI and by the Dothan Police Department with special help from the United States Marshal Service. The case was prosecuted by Special Assistant United States Attorneys Steve P. Feaga and Gregory M. Biggs of the Alabama Securities Commission, and Assistant United States Attorneys Jared Morris and Tommie B. Hardwick.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Dooley Sentenced to 10 Years in Federal Prison for Felony Possession of A FirearmRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that Thomas R. Dooley Jr., 28, of Webster, La., was sentenced on Tuesday, April 16, 2013, by U.S. District Judge Maurice S. Hicks to 10 years in federal prison and three years supervised release for possession of a firearm by a convicted felon to be served after completion of his state prison term.
According to courtroom testimony, Dooley stole a .22 caliber handgun and used it to rob a Haughton, La., business on May 20, 2011. Haughton Police responded and stopped Dooley’s vehicle, but Dooley then sped away leading authorities on a high-speed chase. During the chase, Dooley fired his weapon at a pursuing officer, attempted to ram a Bossier Parish Sheriff’s Office vehicle, and caused another vehicle to crash. After turning down a dead-end road, Dooley lost control of his truck and his vehicle ran into a tree. Then, he fled on foot. The handgun was found in his truck with all nine rounds fired. Dooley was later apprehended by law enforcement.
Dooley entered a guilty plea on July 23, 2012, in the 26th Judicial District Court, Bossier and Webster parishes, and was sentenced to 40 years in prison on Nov. 20, 2012, for attempted first degree murder of a peace officer and armed robbery.
Dooley pleaded guilty to the federal charge on Dec. 12, 2012. Dooley’s 10-year federal sentence is to be served consecutive to the state court sentence, and the federal sentence begins to be served after he completes his 40-year state court sentence.
“The defendant put citizens and law enforcement officers in harm’s way during the high-speed chase,” Finley stated. “Possessing a firearm by a convicted felon is illegal, and our office will continue to prosecute these cases. We hope these sentences send a message that this type of crime will not be tolerated.”
The Haughton Police Department, Bossier Parish Sheriff’s Office, Webster Parish Sheriff’s Office, and the Shreveport office of the ATF conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted the case.
Department of Justice and the Department of Homeland Security Announce Safeguards for Unrepresented Immigration Detainees with Serious Mental Disorders or ConditionsRead the Press Release
WASHINGTON -- The Department of Justice (DOJ) and the Department of Homeland Security (DHS) will issue today a new nationwide policy for unrepresented immigration detainees with serious mental disorders or conditions that may render them mentally incompetent to represent themselves in immigration proceedings.
The policy entails implementation of new procedural protections, including: conducting screening for serious mental disorders or conditions when individuals held for removal proceedings enter a U.S. Immigration and Customs Enforcement Health Service Corps (IHSC)-staffed immigration detention facility; working with non-IHSC-staffed immigration detention facilities to identify detainees with serious mental disorders or conditions in those facilities; the availability of competency hearings and independent psychiatric or psychological examinations; procedures that will make available qualified representatives to detainees who are deemed mentally incompetent to represent themselves in immigration proceedings; and bond hearings for detainees who were identified as having a serious mental disorder or condition that may render them mentally incompetent to represent themselves and have been held in immigration detention for at least six months.
If verifiable documentation, medical records or other forms of evidence provide indication of mental incompetency, Immigration Judges will convene a competency hearing to determine whether the detainee is competent to represent himself or herself in immigration proceedings. When an Immigration Judge is unable to make a determination of mental competency based upon evidence already presented, the Immigration Judge will be authorized to order an independent examination and psychiatric or psychological report. The competency examinations will be administered through a program run by the DOJ Executive Office for Immigration Review (EOIR) and performed by an independent medical professional.
EOIR will make available a qualified representative to unrepresented detainees who are deemed mentally incompetent to represent themselves in immigration proceedings. Additionally, detainees who were identified as having a serious mental disorder or condition that may render them mentally incompetent to represent themselves and who have been held in immigration detention for at least six months will also be afforded a bond hearing.
DOJ and DHS believe these new procedures will provide enhanced protections to unrepresented immigration detainees with serious mental disorders or conditions that may render them mentally incompetent to represent themselves in immigration proceedings, and will facilitate the conduct of those proceedings. The Government expects these new procedures to be fully operational on a national basis by the end of 2013.
Clean Air Act Settlement with Wisconsin Utilities to Reduce Emissions by More Than 50,000 Tons AnnuallyRead the Press Release
The Department of Justice, the U.S. Environmental Protection Agency (EPA), and the United States Attorney’s Office for the Western District of Wisconsin announced a Clean Air Act (CAA) settlement with Wisconsin Power and Light Company (WPL) that will significantly reduce air pollution from three coal-fired power plants located near Portage, Sheboygan, and Cassville, Wis.
WPL operates the plants that are covered by the settlement, and the other defendants, Wisconsin Public Service Corporation (WPSC), Madison Gas and Electric Company, and Wisconsin Electric Power Company, are co- and former owners of the units. WPL and its co-defendants agreed to invest more than $1 billion in pollution control technology, spend a total of $8.5 million on environmental mitigation projects, and pay a civil penalty of $2.45 million to resolve alleged violations of the CAA.
“This settlement will improve air quality in Wisconsin and downwind areas by significantly reducing releases of sulfur dioxide, nitrogen oxide and other harmful pollutants,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “This agreement also demonstrates the Justice Department’s commitment to enforcing the New Source Review provisions of the Clean Air Act, which help ensure clean air for those communities affected by large sources of air pollution.”
“EPA is committed to protecting communities by reducing air pollution from the largest sources of emissions,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The pollution reductions and the significant investment in local environmental projects required under this agreement will ensure that the people of Wisconsin and neighboring states have cleaner, healthier air.”
“One of the many things that makes Wisconsin special is our clean air,” said John W. Vaudreuil, United States Attorney for the Western District of Wisconsin. “With this settlement, the facilities’ owners are held accountable and required to mitigate the harm caused by their unlawful pollution of Wisconsin’s air. Cleaner air protects the health of our citizens, our forests, crops, and water, and all of us who treasure Wisconsin’s clean environment. The United States Attorney’s Office for the Western District of Wisconsin is committed to taking a leadership role in protecting the environment in Wisconsin.”
Under the settlement, the defendants must install new pollution control technology on the three largest units, continuously operate the new and existing pollution controls, and comply with stringent pollutant emission rates and annual tonnage limitations. The settlement also requires WPL and WPSC to permanently retire, refuel or repower four additional coal-fired units at the Edgewater and Nelson Dewey plants. The actions taken to comply with this settlement will result in annual reductions of sulfur dioxide (SO2), oxides of nitrogen (NOx) and particulate matter (PM) of approximately 54,000 tons from 2011 levels. This settlement covers all seven coal-fired boilers at the Columbia, Edgewater, and Nelson Dewey power plants.
The settlement also requires the defendants to spend $8.5 million on projects that will benefit the environment and human health in communities located near the facilities, including $260,500 to the U.S. Forest Service and $260,500 to the National Park Service, to be used on projects to address the damage done from the emissions. The remaining $7.479 million will be spent on a combination projects, including up to $2.1 million on land acquisition and restoration; up to $5 million on a long term major solar photovoltaic (PV) power purchase agreement or a solar PV panels installation project; and up to $2 million on renewable energy resource enhancements for existing wind farms and hydroelectric facilities.
Reducing air pollution from the largest sources of emissions, including coal-fired power plants, is one of EPA’s National Enforcement Initiatives for 2011-2013. SO2 and NOx, two key pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze. These pollutants are converted in the air to fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near the facilities, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children. Because air pollution from power plants can travel significant distances downwind, this settlement will also reduce air pollution outside the immediate region.
This is the 26th judicial settlement secured by the Justice Department and EPA as part of a national enforcement initiative to control harmful emissions from power plants under the CAA’s New Source Review requirements. The total combined sulfur dioxide and nitrogen oxides emission reductions secured from these settlements will exceed 2 million tons each year once all the required pollution controls have been installed and implemented.
Sierra Club is co-plaintiff to the settlement.
The settlement was lodged with the U.S. District Court for the Western District of Wisconsin, and is subject to a 30-day public comment period and final court approval. A copy of the consent decree lodged today is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html
More information about the settlement: www.epa.gov/enforcement/air/cases/wisconsinpower.html
More information about EPA’s enforcement initiative: www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html
Cannonball Man Pleads Guilty to Assaulting Three Federal OfficersRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 22, 2013, SkylerWhite Bull, 25, Cannonball, N.D., pleaded guilty in U.S. District Court to three counts of assaulting a federal officer.
On Sept. 13, 2012, White Bull was taken into custody by Bureau of Indian Affairs law enforcement officers. While being booked into the Standing Rock Correctional Facility in Fort Yates, White Bull kicked two officers and bit another officer in the hand.
Each charge of assaulting a federal officer carries a statutory maximum penalty of eight years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency, the Standing Rock Police Department, with the assistance of the Standing Rock Tribal Prosecutor’s Office.
Sentencing for White Bull has been scheduled for July 15, 2013, in U.S. District Court in, Bismarck, N.D., at 2:15 p.m.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Cannonball Man Pleads Guilty to Assault with a Dangerous WeaponRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 22, 2013, Burdon Lester, 29, Cannonball, N.D., pleaded guilty in U.S. District Court to a charge of assault with a dangerous weapon.
Lester struck a woman in the face with a special type of gloves with hardened plastic knuckles. After she fell to the ground, Lester continued to kick her.
The charge of assault with a dangerous weapon carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency.
Sentencing for Lester has been scheduled for August 12, 2013, at U.S. District Court in Bismarck, N.D.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Canadian Police Officer Sentenced for Exporting Drugs from the United States into CanadaRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Geoffrey Purdie, 41, of Niagara, Ontario, Canada, who was convicted of exporting anabolic steroids from the United States into Canada, was sentenced to one year in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Purdie was employed as a constable with the Niagara Regional Police. On several occasions in November and December 2011, the defendant entered the United States and retrieved packages containing steroids that had been shipped to a business in the U.S. Purdie then smuggled the steroids from the United States into Canada. The defendant presented his official identification as a law enforcement officer to Immigration personnel at the border in order to return to Canada.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero and the Niagara Regional Police, under the direction of Chief Jeffrey McGuire.Buffalo Man Sentenced on Drug ChargesRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jermaine Howard, 38, of Buffalo, N.Y., who was convicted of using a communication facility (telephone) to facilitate a federal narcotics felony, was sentenced to 77 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Robert C. Moscati, who handled the case, stated that Howard was intercepted during the execution of court-authorized wiretaps discussing and arranging illegal narcotics transactions with co-defendant David Manuel. Howard was arrested along with 19 others and charged with being involved in a multi-kilogram cocaine distribution network between Buffalo, New York and Houston, Texas. To date, 18 of the 20 defendants have been convicted.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force under the direction of Acting Special Agent in Charge Richard M. Frankel, the Drug Enforcement Agency under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the Bureau of Alcohol, Tobacco under the direction of Resident Agent in Charge Frank Christiano.Bricktown Gang Member Sentenced to 89 Months in PrisonRead the Press Release
RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, announces that AMADIS HUNTER, age 25, of Syracuse, was sentenced today in U.S. District Court in Syracuse to 89 months imprisonment for his role in conspiring to engage in a pattern of racketeering activity through his membership in the Bricktown Gang, a violent street gang operating on the streets of Syracuse.
As part of his plea, HUNTER admitted that the Bricktown Gang operated within the City of Syracuse from at least 2000 through the present and that members of the Bricktown Gang: (1) maintain a specific geographic territory within the City of Syracuse in which only gang members can sell crack cocaine, cocaine and marijuana; (2) protect that exclusive crack distribution territory with violence if necessary; (3) obtain drugs from suppliers in New York City and elsewhere; (4) project a very violent attitude and respond to violence with violence in order to preserve their stature in the gang community; (5) on occasion use hand signs, wear blue colored bandanas and have tattoos, all of which are intended to signify their gang membership; (6) use criteria such as willingness to use violence, ability to sell drugs, and familial connections to determine membership; and (7) routinely carry and use firearms in connection with their gang activity.
This case involved multiple acts of violence and drug distribution carried out by various gang members on a regular basis, as alleged in the Indictment, including but nor limited to 2 instances of knife violence, 2 murders, 8 other shootings, 7 other acts of gun possession, 12 acts of crack distribution and/or possession with intent to distribute crack, and a major gang assault that occurred within a Denny’s restaurant on Erie Boulevard in Dewitt, New York.
With respect to the two murders, the Indictment includes allegations that gang members killed innocent victims on two separate occasions as gang members sought retaliation against rival gang members. One such allegation involves the November 2010 murder by Bricktown gang member SAQUAN EVANS of a 20 month old child named Rashad Walker, Jr., as Walker sat in a car seat with his mother by his side in the 300 block of Coolidge Avenue. The other murder allegation involves the September 2007 fatal shooting by Bricktown gang members JARRELL WILLIAMS and ERNEST HESTER of Anthony Ford in the 1600 block of East Fayette Street, Syracuse. A female who was with Ford at the time was shot in the head but survived. EVANS, WILLIAMS and HESTER have not pled guilty and are expected to go to trial on this federal RICO charge later this summer. The 11 other defendants 1 in this case have all pled guilty and many of them have already been sentenced to varying lengths of imprisonment.
This prosecution resulted from a long-term investigation conducted by the Syracuse Gang Violence Task Force, which is comprised of agents and detectives from the following agencies: United States Department of Justice, Bureau of Alcohol, Tobacco, and Firearms (Syracuse Office), the Syracuse Police Department, the Onondaga County Sheriff's Department, the New York State Troopers, and the United States Marshals Service. The Onondaga County District Attorney’s Office also assisted in the investigation.
Further questions or inquiries may be directed to Assistant U.S. Attorney, John M. Katko, who is handling the case, at (315) 448-0672.
Brenda Velazquez-Corchado, Found Guilty of Conspiracy to Commit Bribery Concerning Programs Receiving Federal FundsRead the Press Release
SAN JUAN, PR – Friday evening Brenda Velàzquez-Corchado, a former procurement official with the Puerto Rico Department of Education (PR DOE) was found guilty of conspiracy to commit a violation of Title 18 USC Section 666(a)(1)(B), Bribery Concerning Programs Receiving Federal funds, announced United States Attorney Rosa Emilia Rodríguez-Vélez. United States District Court Senior Judge Juan Pérez-Giménez presided the trial. The sentencing hearing was scheduled for July 19, 2013 at 10:00 am.
Defendant Velàzquez-Corchado was the sole defendant remaining of a 13 person indictment filed against various PR DOE officials, which included the Chief Procurement Officer of the PR DOE Luis Conde-Rosa, and various company officials doing business with the Department. The jury found that between January 2008 through February 2010, the defendant conspired with others to corruptly solicit, demand, give and accept things of value, goods and cash, intending to be influenced and rewarded in connection with a transaction and a series of transactions. The evidence presented at trial showed that approximately $2,900,000.00 dollars in contracts were awarded to companies where the defendant received over $25,000 in bribes, which included cash and goods.
The defendant is facing a possible maximum sentence of 10 years in prison.
“These individuals defrauded education programs, with the assistance of public employees who abused their positions for personal gain,” said United States Attorney, Rosa Emilia Rodríguez-Vélez. “We will continue to investigate and prosecute those who engage in corrupt acts which directly affect federal programs and the availability of these funds for its intended recipients,” stated Rodríguez-Vélez.The case was prosecuted by Assistant United States Attorneys Julia Díaz-Rex and Héctor Ramírez. The investigation was led by the U.S. Department of Education, Office of the Inspector General (DOE-OIG), with the collaboration of the Federal Bureau of Investigation (FBI) and the Comptroller’s Office in Puerto Rico.
Baltimore Immigration Judge Participates in Naturalization CeremonyRead the Press Release
BALTIMORE --Immigration Judge Lisa Dornell from the Executive Office for Immigration Review, Baltimore Immigration Court, delivered the keynote speech and administered the oath of allegiance to approximately 75 candidates during a naturalization ceremony at the George H. Fallon Federal Building in Baltimore, Md., on April 19, 2012. The Baltimore District Office of U.S. Citizenship and Immigration Services, Department of Homeland Security, hosted the ceremony.
Biographical Information
Attorney General Janet Reno appointed Judge Dornell in April 1995. Judge Dornell received a bachelor of arts degree in 1983 from the University of Vermont and a juris doctorate in 1986 from the University of Texas at Austin School of Law. From 1990 to 1995, Judge Dornell served as senior litigation counsel, Office of Immigration Litigation, Civil Division, Department of Justice. From 1986 to 1990, she served as a trial attorney for the former Immigration and Naturalization Service (INS), New York district office, and as an assistant general counsel, INS Headquarters, Washington, D.C. Judge Dornell lectures on immigration topics and court procedure at several local law schools. She is a member of the District of Columbia and State of Texas Bars.
- EOIR -
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR’s Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.
Executive Office for Immigration ReviewApril 21-27 Is Crime Victims’ Rights WeekRead the Press Release
MINNEAPOLIS—U.S. Attorney B. Todd Jones today announced that this week is National Crime Victims’ Rights Week. The theme of this year’s observance, “New Challenges, New Solutions,” honors local champions of crime victims’ rights and celebrates the spirit that will advance the progress these heroes have to date achieved.
Awareness of federal crime victims and the issues they face was greatly heightened in 2004, with the enactment of the Crime Victims’ Right Act (“CVRA”). That act grants federal crime victims certain enforceable rights during criminal proceedings, including the right to be heard in court and the right to receive full and timely restitution as provided by law. Crime victims also have the right to be notified of pertinent court events, such as indictment, trial, and sentencing. In Fiscal Year 2010, U.S. Attorney offices nationwide collectively notified federal crime victims of nearly eight million case events. In the District of Minnesota alone, approximately 212,099 such notices were provided.
The U.S. Attorney’s Office in the District of Minnesota has a dedicated Victim-Witness team. In addition to ensuring compliance with victims’ rights, as set forth in federal statute, team members accompany crime victims to court, make referrals for counseling, and assist in accessing victim compensation funds. Nationally, in Fiscal Year 2010, an estimated 19,000 federal crime victims were accompanied to court and more than 23,000 were referred for victim services.
Another way in which U.S. Attorney offices assist federal crime victims is by recovering the monetary losses incurred by them during the related crime. This is particularly important in cases involving financial fraud, when victims often lose their retirement funds or their children’s college money to a smooth-talking crook. Of course, the government cannot guarantee all losses will be restored, but in Fiscal Year 2011, U.S. Attorney offices nationwide, through their Financial Litigation Units, collected a total of approximately $53 in federal restitution for crime victims. In Fiscal Year 2011, the U.S. Attorney’s Office in the District of Minnesota collected approximately $15.4 million for individual victims, while more than $161,000 was recovered for federal agencies who had been victimized by criminal activity.
Finally, the federal government assists victims of violent crime by paying for related expenses, such as lost wages, counseling, and medical costs. Moreover, that assistance is not provided by tax dollars. Rather, the funds come from the Federal Crime Victims Fund, which is supported through the collection of criminal fines and penalties.
For more information about National Crime Victims’ Rights Week, visit http://ovc.ncjrs.gov/ncvrw/.Anthony Lamont Singleton Sentenced to Serve 110 Months in Prison for Being A Felon in Possession of A FirearmRead the Press Release
GREENEVILLE, Tenn. – Anthony Lamont Singleton, 37, of Kingsport, Tenn., was sentenced to serve 110 months in prison, by the Honorable J. Ronnie Greer, U.S. District Judge. Upon release from prison, he will be subject to supervised release by the U.S. Probation Office for three years.
Singleton pleaded guilty in October 2012 to possession of a firearm after having previously been convicted of a felony. He was arrested after a verbal altercation with Kingsport residents escalated when Singleton displayed a firearm. He faced a maximum statutory sentence of 120 months for the offense.
Law enforcement agencies participating in the joint investigation which led to indictment and subsequent conviction of Singleton included the Kingsport Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney J. Gregory Bowman represented the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.
$1 Million Settlement Enhances Land and Sea in the Eastern District of TexasRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas — U.S. Attorney John M. Bales announced a settlement reached with a European shipping corporation has resulted in significant enhancements to nature conservation groups in the Eastern District of Texas.
The $1 million settlement was announced at a press conference on the banks of Village Creek in Hardin County, Texas today. CIMPSHIP Transportes Maritimos, S.A., a Portuguese corporation headquartered in Funchal, Portugal, was initially indicted in 2010 and charged with conspiring to violate environmental laws causing willful pollution of waterways within the Eastern District of Texas.
According to the indictment, CIMPSHIP owned the Niebla, a 38,000 ton ocean-going ship which was operated as a bulk-freight carrier transporting bulk cargo from various ports in the Gulf Coast including Port Arthur, Texas. It is alleged that from Mar. 2008 through Aug. 2009, Niebla crew members failed to maintain an Oil Record Book as required by federal law.
A settlement agreement was reached between the government and CIMPSHIP in which CIMPSHIP agreed to pay a $1 million community service payment to be used for local conservation efforts in lieu of prosecution. Federal statutes authorize such settlements to Congressionally-approved Foundations.
Of the $1 million, $600,000 was provided to The Conservation Fund, a nonprofit organization that works to conserve special places in Texas and across the country, and used to purchase a critical parcel of land in a sensitive portion of the Big Thicket National Preserve. The 361 acres are located near Village Creek in Hardin County.The remaining $400,000 was provided to the National Marine Sanctuary Foundation and used to support research and monitoring activities at the Flower Garden Banks National Marine Sanctuary. The Flower Garden Banks National Marine Sanctuary is home to the northernmost coral reef on the U.S. continental shelf and boasts a habitat that is relatively pristine, due in part to protective sanctuary regulations. The sanctuary is located approximately 90 miles southwest of Sabine Pass, Texas in the Gulf of Mexico.
This case was investigated by the U.S. Coast Guard and prosecuted by Assistant U.S. Attorney Joseph R. Batte and former Assistant U.S. Attorney Kevin D. Collins
21 April 2013
Campton, Kentucky Residents Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
LEXINGTON, KY - Dena Lynn Brooks, 40, Marcus Jessie Adkins, 39, and Courtney Junior Noble, 60, each of Campton, KY., were recently sentenced, by United States Senior District Judge Joseph M. Hood, for conspiring to distribute 50 grams or more of a mixture or substance containing methamphetamine. Noble was also sentenced for possessing a firearm in connection with a drug trafficking offense. Brooks and Noble were each sentenced to 10 years imprisonment. Adkins, because of prior felony drug convictions, was sentenced to almost 22 years imprisonment.
In May 2013, Brooks, Adkins, and Noble each pleaded guilty to the offense. The facts established that, on January 28, 2013, Brooks obtained approximately three ounces of methamphetamine for Adkins and Noble. The methamphetamine was intended for distribution in Wolfe County. After obtaining the methamphetamine, Brooks provided it to Adkins and Noble at a motel room in Lexington. A short while later, a vehicle driven by Adkins, in which Noble was a passenger, was stopped by law enforcement. Noble had the methamphetamine in his pocket and a loaded semiautomatic pistol in his waistband.
Under federal law, Brooks, Adkins, and Noble must each serve 85 percent of their prison sentence, and, upon release, will be under the supervision of the United States Probation Office, for at least 3 years for Noble and at least 8 years for Brooks and Adkins.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky, and Robert L. Corso, Special Agent in Charge, Drug Enforcement Administration, and Rodney Brewer, Commissioner, Kentucky State Police, jointly made the announcement.
The investigation was conducted by the DEA and KSP. The United States was represented in the case by Assistant United States Attorney Robert M. Duncan, Jr.
19 April 2013
Yonkers Man Arrested on Charges of Impersonating an FBI AgentRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today that AYMAN RABADI , 52, of Yonkers, New York, was arrested yesterday by agents of the Federal Bureau of Investigation on charges of impersonating a Special Agent of the FBI. According the Complaint, filed in federal district court in White Plains today, from November 2010 to date, RABADI has, in at least three separate instances, falsely represented to others that he was a Special Agent with the FBI and offered them various forms of assistance including obtaining identification documents and obtaining the release of their relatives from jail.
Manhattan U.S. Attorney Bharara stated: “Rabadi’s ability to prey on vulnerable victims by pretending to be a federal agent came to an end today when he tried to extract money from a real federal agent.”
FBI Assistant Director-in-Charge Venizelos stated: "Rabadi took the easy road to fast money by impersonating an FBI agent. But the easy road was the crooked path that ultimately led to his arrest by the FBI."
According to the allegations in the Complaint unsealed today in White Plains federal court:
An undercover FBI agent acting as the niece of one of RABADI’s victims paid RABADI $10,000 cash yesterday at a Yonkers restaurant. The money was, purportedly, a down payment towards the $300,000 RABADI had asked for in exchange for obtaining the release of one of the victim’s relatives from jail. RABADI was arrested immediately after leaving the restaurant and was in possession of the $10,000 cash. Also, RABADI has an extensive criminal history including a 2008 conviction in the state of New Jersey for the felony of Theft by Deception. In that case, RABADI created the false impression that there were criminal charges pending against the victim, that RABADI was connected to law enforcement, and that he could cause the dismissal of the charges against the victim for $75,000.
At his arraignment before U.S. Magistrate Paul E. Davison in White Plains this afternoon, Judge Davison ordered that RABADI be held without bail pending his next court appearance, a bail hearing on Tuesday, April 23, 2013, at 10 a.m.
If convicted on the charge in the Complaint, RABADI faces a maximum sentence of three years imprisonment and a $250,000 fine.
Mr. Bharara praised the work of the FBI in this investigation.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorney Elliott B. Jacobson is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty
Wolcott Man Admits Role in Illegal Campaign Contribution SchemeRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut announced that GEORGE TIRADO, 36, of Wolcott, pleaded guilty today before United States District Judge Janet Bond Arterton in New Haven to a federal conspiracy charge stemming from a scheme to direct illegal campaign contributions into the campaign of a candidate for the U.S. House of Representatives.
According to court documents and statements made in court, in August 2011, the State of Connecticut applied for a court order enjoining Roll Your Own (“RYO”) smoke shops from continuing to operate without complying with state law governing tobacco manufacturers. RYO smoke shops are retail businesses that sell loose smoking tobacco and cigarette-rolling materials and offer customers the option of paying a “rental” fee to insert the loose tobacco and the rolling materials into a RYO machine, which is capable of rapidly rolling large quantities of cigarettes. Customers did not pay a tax on the RYO cigarettes when rolled by the RYO machines, in contrast to cigarettes purchased over-the-counter.
TIRADO and Paul Rogers co-owned Smoke House Tobacco, a RYO smoke shop with two locations in Waterbury. Fearing that the Connecticut General Assembly would enact legislation harmful to RYO smoke shop owners’ business interests during the 2012 legislative session, TIRADO, Rogers, Harry Raymond “Ray” Soucy and others engaged in a scheme to direct conduit campaign contributions into the campaign of a candidate for the U.S. House of Representatives. The candidate was also a member of the Connecticut General Assembly. As part of the scheme, the co-conspirators recruited multiple individuals to serve as conduit contributors to the campaign. These individuals permitted checks to be written in their own names to the campaign and were reimbursed with cash, thereby concealing the fact that RYO smoke shop owners were contributing to the campaign.
On November 15, 2011, TIRADO obtained a signed blank check from one of his smoke shop employees. TIRADO then made the check payable to the campaign in the amount of $2,500, and assured the employee that she would be reimbursed. That same evening, TIRADO attended a campaign fundraising event where he completed a contribution form in the employee’s name. The contribution form contained a representation that the contribution was being funded by the individual named on the form. He then provided the check to Rogers who delivered it to a campaign employee.
The next morning, TIRADO provided another conduit contribution in the amount of $2,500 to Soucy prior to a meeting that they had scheduled with the candidate. Soucy then gave the check to a campaign employee.
On November 21, 2011, TIRADO deposited $2,500 in cash into the checking account of the employee who had served as a conduit contributor on November 15. The $2,500 came from the business proceeds of Smoke House Tobacco.
In December 2011, Rogers, Soucy and others attended another fundraising event and delivered two more $2,500 conduit contributions to the campaign.
On approximately January 31, 2012, the Campaign Committee submitted to the Federal Election Commission (“FEC”) a report of the Campaign Committee’s receipts and disbursements for the period October 1, 2011 through December 31, 2011. The report falsely stated the source and amount of the four $2,500 contributions that were received and deposited by the Campaign Committee during that time period.
In the spring of 2012, the conspirators made additional illegal campaign contributions totaling $17,500.
TIRADO pleaded guilty to one count of conspiracy to make false statements to the FEC and to impede the FEC’s enforcement of federal campaign finance laws. Judge Arterton has scheduled sentencing for July 23, 2013, at which time TIRADO faces a maximum term of imprisonment of five years and a fine of up to $250,000.
Rogers, Soucy and four others, including Joshua Nassi, who served as the campaign manager for the campaign of the candidate for the U.S. House of Representatives, have also pleaded guilty to charges related to this scheme and await sentencing.
This matter is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorneys Christopher M. Mattei and Eric J. Glover.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Williamson County Man Sentenced on Methamphetamine ConspiracyRead the Press Release
On April 17, 2013, Terry C. Zimmerman, 36, of Marion, Ill., was sentenced in United States District Court in Benton on a one-count indictment charging conspiracy to manufacture methamphetamine, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois.
Zimmerman, who had previously pled guilty to the methamphetamine charge, was sentenced to 240 months’ imprisonment, 10 years’ supervised release, and was fined $200. The conspiracy offense occurred between 2008, and January 30, 2012, in Williamson, Jackson, Saline, and Franklin Counties. At sentencing, the district judge found that Zimmerman was responsible for the manufacture of more than one kilogram of methamphetamine. The district judge further found that Zimmerman’s conduct created a substantial risk of harm to human life, when Zimmerman drove recklessly through a residential neighborhood and crashed into a Mt. Vernon police car while Zimmerman had an active methamphetamine lab in his vehicle. Zimmerman’s sentence was also enhanced because he had a prior felony state drug conviction. Six co-defendants have previously been sentenced for their role in the methamphetamine conspiracy. One co-defendant has pled guilty and is awaiting sentencing.
The ongoing investigation is being conducted by the Drug Enforcement Administration and Jackson County Sheriff’s Office, with the assistance of the Murphysboro Police Department, Marion Police Department, Williamson County Sheriff’s Office, Saline County Sheriff’s Office, Illinois State Police, Carrier Mills Police Department, Harrisburg Police Department, and United States Marshals Service.
The case is being prosecuted by Assistant United States Attorney Amanda A. Robertson.
White Center Bank Robber Sentenced to 8+ Years in PrisonRead the Press Release
A 31- year-old man who robbed a Chase Bank branch in the White Center neighborhood of southwest Seattle at gunpoint last year was sentenced today in U.S. District Court in Seattle to 102 months (8.5 years) in prison and three years of supervised release, announced U.S. Attorney Jenny A. Durkan. BRYAN ALLEN HILL, was convicted of armed bank robbery and brandishing a firearm during a crime of violence following a jury trial in January 2013. HILL was arrested a few blocks from the bank on July 25, 2012, with the gun and cash that had been taken in the robbery. At sentencing U.S. District Judge Ricardo S. Martinez said this is “a very, very serious offense… basically terrorizing the individuals in the bank.”
According to records filed in the case and testimony at trial, HILL entered the bank with a blue bandana pulled up over his face. He pointed a handgun at the teller’s head and ordered the teller to put all the cash in the bag. While stuffing money into his bag, the bandana fell off of HILL’s face and the teller was able to see his face. Other workers in the bank were able to alert law enforcement and one wrote down a description of the robber. Within minutes of the robber leaving the bank, Seattle Police had a description and were searching the area around the bank for the suspect.
A Seattle Police officer spotted someone who was similar in appearance to the suspected robber walking quickly from the area. The officer ordered the man to stop and kneel on the ground. Witnesses from the bank were brought to the scene and identified the man, HILL, as the bank robber. When police searched the bag he was carrying they found the gun, cash, and some of the clothing HILL had removed following the bank robbery.
HILL was prosecuted as part of the Project Safe Neighborhoods program. Unveiled in May 2001, Project Safe Neighborhoods (PSN) is a comprehensive and strategic approach to gun law enforcement. PSN is a nationwide commitment to reduce gun crime in America by networking both new and existing local programs that target gun crime and then providing them with the resources and tools they need to succeed. Implementation at the local level -- in this case, in King County-- has fostered close partnerships between federal, state and local prosecutors and law enforcement.
The case was investigated by the Seattle Police Department, the King County Sheriff’s Office and the FBI. The case was prosecuted by Special Assistant United States Attorney Stephen Hobbs and Assistant United States Attorney Ehren Reynolds. Mr. Hobbs is a Senior King County Deputy Prosecutor specially designated to prosecute gun cases in federal court.
White Center Bank Robber Sentenced to 8+ Years in PrisonRead the Press Release
A 31- year-old man who robbed a Chase Bank branch in the White Center neighborhood of southwest Seattle at gunpoint last year was sentenced today in U.S. District Court in Seattle to 102 months (8.5 years) in prison and three years of supervised release, announced U.S. Attorney Jenny A. Durkan. BRYAN ALLEN HILL, was convicted of armed bank robbery and brandishing a firearm during a crime of violence following a jury trial in January 2013. HILL was arrested a few blocks from the bank on July 25, 2012, with the gun and cash that had been taken in the robbery. At sentencing U.S. District Judge Ricardo S. Martinez said this is “a very, very serious offense… basically terrorizing the individuals in the bank.”
According to records filed in the case and testimony at trial, HILL entered the bank with a blue bandana pulled up over his face. He pointed a handgun at the teller’s head and ordered the teller to put all the cash in the bag. While stuffing money into his bag, the bandana fell off of HILL’s face and the teller was able to see his face. Other workers in the bank were able to alert law enforcement and one wrote down a description of the robber. Within minutes of the robber leaving the bank, Seattle Police had a description and were searching the area around the bank for the suspect.
A Seattle Police officer spotted someone who was similar in appearance to the suspected robber walking quickly from the area. The officer ordered the man to stop and kneel on the ground. Witnesses from the bank were brought to the scene and identified the man, HILL, as the bank robber. When police searched the bag he was carrying they found the gun, cash, and some of the clothing HILL had removed following the bank robbery.
HILL was prosecuted as part of the Project Safe Neighborhoods program. Unveiled in May 2001, Project Safe Neighborhoods (PSN) is a comprehensive and strategic approach to gun law enforcement. PSN is a nationwide commitment to reduce gun crime in America by networking both new and existing local programs that target gun crime and then providing them with the resources and tools they need to succeed. Implementation at the local level -- in this case, in King County-- has fostered close partnerships between federal, state and local prosecutors and law enforcement.
The case was investigated by the Seattle Police Department, the King County Sheriff’s Office and the FBI. The case was prosecuted by Special Assistant United States Attorney Stephen Hobbs and Assistant United States Attorney Ehren Reynolds. Mr. Hobbs is a Senior King County Deputy Prosecutor specially designated to prosecute gun cases in federal court.
West Haven Man Sentenced to Seven Years in Federal Prison for Distributing HeroinRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, announced that DARRELL DAVIS, also known as “Baller,” 34, of West Haven, was sentenced today by Senior United States District Judge Ellen Bree Burns in New Haven to 84 months of imprisonment, followed by three years of supervised release, for distributing heroin.
DAVIS is one of 108 individuals charged as a result of “Operation Bloodline,” a joint law enforcement investigation targeting narcotics trafficking and gang violence in the Dwight-Kensington and Fair Haven sections of New Haven. Led by the DEA New Haven Task Force and the New Haven and Hamden Police Departments, the year-long investigation included the use of court-authorized wiretaps on numerous telephones, extensive physical surveillance, controlled purchases of narcotics, execution of search warrants and seizures of narcotics and firearms. The investigation revealed that DAVIS conspired with others to purchase and redistribute heroin.
On January 17, 2013, DAVIS pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, heroin.
DAVIS’s criminal history includes multiple felony convictions, including four drug trafficking convictions. He is currently in state custody serving an 18-month sentence for possession of narcotics.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia and Meriden Police Departments. The United States Marshals Service, the Connecticut State Police, the Connecticut Department of Correction, Parole and Community Services and the Milford, Hartford, New Britain, North Branford and Stratford Police Departments have provided valuable assistance to the investigation.
This case is being prosecuted by Assistant United States Attorneys S. Dave Vatti and Marc Silverman.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Week in Review – South BendRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
South Bend, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS:
Kristopher Brooks, 39, of Elkhart, Indiana, pled guilty before District Judge Robert Miller, Jr. to the felony offense of failure to register as a sex offender.Sentencing has been set for 7/24/13.This charge was filed as a result of an investigation by the United States Marshal’s Service.This case is being prosecuted by Assistant United States Attorney John Maciejczyk.
Clinton Vortice, 32, of South Bend, Indiana, pled guilty before Magistrate Judge Christopher Nuechterlein to the felony offense of possession of a firearm by a convicted felon.Magistrate Nuechterlein is recommending that the district court accept the tendered guilty plea.Parties have 10 days in which to object to the magistrate judge’s recommendation. Sentencing has been set for 7/17/13.This charge was filed as a result of an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives.This case is being prosecuted by Assistant United States Attorney Donald Schmid.
Kori Ann Donovan, 44, of Plymouth, Indiana, pled guilty before Magistrate Judge Christopher Nuechterlein to the felony offenses of health care fraud and fraud with identification documents.Magistrate Nuechterlein is recommending that the district court accept the tendered guilty plea.Parties have 10 days in which to object to the magistrate judge’s recommendation. Sentencing has been set for 7/15/13.These charges were filed as a result of an investigation by the Federal Bureau of Investigation and the Indiana Medicaid Fraud Control Unit.This case is being prosecuted by Assistant United States Attorney Donald Schmid.
Kenneth McCreary, Jr., 26, of South Bend, Indiana, pled guilty before Magistrate Judge Roger Cosbey to the felony offense of theft of stolen mail matter.Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 10 days in which to object to the magistrate judge’s recommendation.This charge was filed as a result of an investigation by the United States Postal Service-Office of the Inspector General.This case is being prosecuted by Assistant United States Attorney Lesley Miller Lowery.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS:
Chhit Taing, 45, of Fort Wayne, Indiana, was sentenced by District Judge Robert Miller, Jr. to 37 months imprisonment and 3 years of supervised release after pleading guilty to the felony offense of distribution of marijuana. According to documents filed by the government in this case, Taing was involved with nine sales of marijuana and was arrested while selling marijuana and trying to buy cocaine.Mr. Taing was found in possession of a large amount of cash at the time of his arrest.This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Tommy Webster, 33, of South Bend, Indiana, was sentenced by District Judge Robert Miller, Jr. to 168 months imprisonment and 3 years of supervised release after being found guilty at trial of the felony offenses of possession with the intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime, manufacture of marijuana, possession with the intent to distribute cocaine base and possession of a firearm by a convicted felon.According to documents filed by the government in this case, an investigation by law enforcement found cocaine (powder and cocaine base) individually wrapped for distribution; a substance used for cutting cocaine; loose marijuana; six dozen growing marijuana plants; and drug paraphernalia, such as scales and baggies. Webster also had electronic security consisting of police scanners and a video system with monitors and carefully placed cameras; a loaded shotgun, a sawed-off shotgun, and a bullet proof vest. Webster has a prior felony conviction for armed drug dealing and several misdemeanor convictions.This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Lynn Little, 42, of West Lafayette, Indiana, a defendant in the case US v Patlan et al., was sentenced by District Judge Robert Miller, Jr. to time served and 4 years of supervised release, to include 8 months of home detention and 200 hours of community service, after pleading guilty to the felony offense of distribution of marijuana.According to documents filed by the government in this case, Little admitted that she was involved with supplying Jose Patlan with marijuana that she believed he was distributing in the Logansport, Indiana, area.When law enforcement searched her home in West Lafayette, Indiana, officers found $12,000 in United States Currency from drug transactions. This case was the result of an investigation by the Drug Enforcement Administration, the Indiana State Police, the Cass County Sheriff’s Department and the Illinois State Police.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Hayle Doty, 24, of Milford, Indiana, was sentenced by District Judge Jon DeGuilio to 30 months imprisonment and 4 years of supervised release after pleading guilty to the felony offense of conspiracy to distribute marijuana.According to documents filed by the government in this case, Doty participated in a sophisticated drug conspiracy involving marijuana in a range of 100-400 kilograms that had several players, spanned several years and generated large cash profits.During the search of the residence firearms, cash and drugs were located.This case was the result of an investigation by the Drug Enforcement Administration. The Laporte County Prosecutor’s Offices, the Laporte County Drug Unit and the ICE Unit for Elkhart County also participated.This case was prosecuted by Assistant United States Attorney William Grimmer.
Week in Review – HammondRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
Hammond, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
INDICTMENT:
Demetrius Moore, 42, of Merrillville, Indiana, was charged in an Indictment returned on 2/7/13 with theft of government property (designated unemployment benefits).These charges were filed as the result of an investigation by the Department of Labor-Office of the Inspector General.This case has been assigned to and will be prosecuted by Assistant United States Attorney Randall Stewart.
PLEAS:
Luis Yanez, 41, of Lorain, Ohio, pled guilty before Magistrate Judge Paul Cherry to the felony offense of conspiracy to possess with the intent to distribute 500 grams or more of cocaine.Magistrate Cherry is recommending that the district court accept the tendered guilty plea.Parties have 10 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Drug Enforcement Administration.This case is being prosecuted by Assistant United States Attorney Joshua Kolar.
Amin Guillermo Velazquez, 32, of Rensselaer, Indiana, pled guilty before District Judge Joseph Van Bokkelen to the felony offense of conspiracy to possess with the intent to distribute and distribution of cocaine.Sentencing has been set for 6/27/13.This charge was filed as a result of an investigation by the Drug Enforcement Administration and the Illinois State Police.This case is being prosecuted by Assistant United States Attorney Joshua Kolar.
Tracey Tigner, 42, of Gary, Indiana, pled guilty before District Judge Joseph Van Bokkelen to the felony offense of embezzlement and theft from a Labor Union.This charge was filed as a result of an investigation by United States Department of Labor-Office of the Inspector General and the Office of Labor Management Standards.This case is being prosecuted by Assistant United States Attorney Randall Stewart.
Marilyn Krusas, 69, of Gary, Indiana, pled guilty before District Judge Joseph Van Bokkelen to the felony offense of tax evasion.Sentencing has been set for 7/11/13.This charge was filed as a result of an investigation by the Internal Revenue Service-Criminal Investigation Division.This case is being prosecuted by Assistant United States Attorney Gary Bell.
Octavio Alejandre-Mata, 44, of Hobart, Indiana, pled guilty before Senior District Judge Rudy Lozano to the felony offense of distribution of cocaine.This charge was filed as a result of an investigation by the Federal Bureau of Investigation GRIT Task Force.This case is being prosecuted by Assistant United States Attorney Jacqueline Jacobs.
Phyllis Lark, 46, of Hammond, Indiana, a defendant in the case US v Nwaka et al., pled guilty before District Judge Joseph Van Bokkelen to the felony offense of submitting fraudulent claims to Indiana Medicaid.This charge was filed as a result of an investigation by the Federal Bureau of Investigation and the Indiana Medicaid Fraud Control Unit.This case is being prosecuted by Assistant United States Attorney Diane Berkowitz.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS:
Maxie Rallings, Jr., 42, Gary, Indiana, was sentenced by District Judge Robert Miller, Jr. to 60 months imprisonment and 4 years of supervised release after pleading guilty to the felony offense of distribution of crack cocaine.According to documents filed by the government in this case, Rallings delivered over 28 grams of crack cocaine to an individual who was working for law enforcement.This case was the result of an investigation by the Drug Enforcement Administration.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Lynn Little, 42, of West Lafayette, Indiana, a defendant in the case US v Patlan et al., was sentenced by District Judge Robert Miller, Jr. to time served and 4 years of supervised release, to include 8 months of home detention and 200 hours of community service, after pleading guilty to the felony offense of distribution of marijuana.According to documents filed by the government in this case, Little admitted that she was involved with supplying Jose Patlan with marijuana that she believed he was distributing in the Logansport, Indiana, area.When law enforcement searched her home in West Lafayette, Indiana, officers found $12,000 in United States Currency from drug transactions. This case was the result of an investigation by the Drug Enforcement Administration, the Indiana State Police, the Cass county Sheriff’s Department and the Illinois State Police.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Week in Review – Fort WayneRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ CELL: (219) 314-9993
Fort Wayne, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS:
Scot Silvers, 48, of Angola, Indiana, pled guilty before Magistrate Judge Roger Cosbey to the felony offenses of use of counterfeit access devices, fraud with identification documents and making counterfeit obligations.Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 10 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the United States Secret Service and the Angola Police Department.This case is being prosecuted by Assistant United States Attorney Tina Nommay.
Alex White, 47, of Fort Wayne, Indiana, pled guilty before Magistrate Judge Roger Cosbey to the felony offense of the armed robbery of Wells Fargo Bank.Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 10 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation, the Fort Wayne Police Department and the Northeast Indiana Bank Robbery Task Force.This case is being prosecuted by Assistant United States Attorney Lovita Morris King.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
Chhit Taing, 45, of Fort Wayne, Indiana, was sentenced by District Judge Robert Miller, Jr. to 37 months imprisonment and 3 years of supervised release after pleading guilty to the felony offense of distribution of marijuana. According to documents filed by the government in this case, Taing was involved with nine sales of marijuana and was arrested while selling marijuana and trying to buy cocaine.Mr. Taing was found in possession of a large amount of cash at the time of his arrest.This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Two Men Found Guilty in International Investment Fraud and Money Laundering SchemeRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that a federal jury today found United Kingdom citizens Paul R. Gunter (64, Odessa, Florida; originally of London), and Simon Andrew Odoni (56, Hertfordshire, UK) guilty of three counts of conspiracy to commit mail fraud, wire fraud, and money laundering, as well as nineteen counts of mail and wire fraud, and fourteen counts of money laundering. Gunter and Odoni each face a maximum penalty of 20 years in federal prison on each of the conspiracy charges and each of the separate mail and wire fraud charges, and up to 10 years on each of the money laundering charges. Both individuals will also be ordered to forfeit real property, bank accounts, an airplane, vessels, and vehicles purchased with proceeds of the fraud scheme. As part of the investigation, federal agents seized nearly $5 million U.S. currency. A sentencing date has not yet been set.
According to the evidence and testimony presented at trial, from at least as early as July 2004 through at least March 13, 2008, Gunter, Odoni and others engaged in a sophisticated investment fraud and money laundering scheme, in which worthless stock in hijacked dormant, publicly-traded companies in the United States was sold to victim-investors, primarily in the United Kingdom. The scheme was facilitated using boiler room telemarketers, mostly in Spain, who employed high pressure and misleading sales techniques. The victim-investors wired more than $127 million to Gunter's bank accounts in the Middle District of Florida. The conspirators bilked victim-investors out of another $10 million via a FOREX currency trading scheme, which also utilized the boiler rooms in Spain.
Gunter, Odoni, and their co-conspirators used the victim-investors' funds to perpetuate the fraud scheme and for their own personal enrichment. Victim-investors' funds were used to buy, among other things, an airplane, two vessels, vehicles, including a Ferrari, and real property in the Caribbean islands, England, and Florida.
In March 2011, co-defendant Richard Sinclair Pope pleaded guilty to conspiracy to commit wire and mail fraud. Pope faces a maximum sentence of 20 years in prison.
In a related trial that took place in May 2012, Houston lawyers Roger Lee Shoss and Nicolette Loisel were convicted of one count of conspiracy to commit wire fraud in connection with their participation in the corporate identity theft aspect of the scheme. Shoss and Loisel stole the identities of dormant, publicly-traded companies, and used the corporate identities they had stolen to create fraudulent empty-shell companies, which had the appearance of being publicly-traded. The fraudulent empty-shell companies were sold to Gunter and his co-conspirators, who made them available to the boiler rooms in Spain and, through them, used the empty-shell companies to issue worthless shares of stock to the victim-investors. All four of the companies featured in the indictment – that is, Mobilestream, Inc., Regaltech, Inc., Nanoforce, Inc., and Rocky Mountain Gold Mining, Inc. – were created by Shoss and Loisel. According to the testimony at trial, Gunter and his co-conspirators paid Shoss a total of $800,000 for these empty-shell companies.
This case was investigated by U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Tampa, Florida, as well as the U.S. Secret Service, Tampa, Florida and Newark, New Jersey Field Offices. "These individuals conspired to make a profit through a complex, international money laundering scheme," said Susan McCormick, special agent in charge of Homeland Security Investigations Tampa. "Our law enforcement partners across the globe helped us identify and prosecute these con-artists who preyed on the vulnerable. I urge investors to beware of similar scams – they know no borders."
"This case demonstrates the power that comes from law enforcement agencies pooling their assets and sharing critical information," said Special Agent in Charge John Joyce of the Tampa Field Office. "The U.S. Secret Service values the partnerships it has forged with other agencies in order to address criminal behavior, both domestically and internationally." The government received assistance from several other authorities, including the City of London Police, the UK's Serious Fraud Office and Norfolk Constabulary, the Spanish National Police, the U.S. Securities and Exchange Commission, the Ontario Securities Commission, and the British Columbia Securities Commission. According to Detective Inspector Kerrie Gower of the City of London Police, "Odoni and Gunter were key operators in a criminal gang that ruthlessly targeted the elderly and vulnerable, defrauding them and then spending tens of millions of pounds that had been put aside to support people’s retirements. We now look forward to the sentencing of all those who played a part in this devastating crime and hope it will bring some comfort to their victims. This tragic story should act as warning to anyone who is considering putting their money into investment schemes offering massive returns."
The case is being prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke and Kelley Howard-Allen.
Two Individuals Enter Pleas to Methamphetamine ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
CLARKSBURG, WEST VIRGINIA — Two Upshur County residents entered pleas of guilty on April 16, 2013, in United States District Court in Clarksburg before Magistrate Judge John S. Kaull.
United States Attorney William J. Ihlenfeld, II, announced that:
KRISTIN ELAINE DYE, age 20, of Buckhannon, West Virginia; and, BRANDON EDWARD ANDERSON, age 22, of Rock Cave, West Virginia, entered pleas of guilty to“Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine” on September 9, 2012 and June 15, 2012, respectively. DYE and ANDERSON, who are free on bond pending sentencing, face up to 20 years imprisonment and a $250,000.
This case was prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by the West Virginia State Police.
Two Individuals Enter Pleas to Firearms ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
CLARKSBURG, WEST VIRGINIA - Two individuals entered pleas of guilty in United
States District Court in Clarksburg on April 17, 2013, before Magistrate Judge John S. Kaull.United States Attorney William J. Ihlenfeld, II, announced that:
CHRISTOPHER WAYNE WILLIAMS, age 39, of Mill Creek, West Virginia, entered a plea of guilty “Felon in Possession of a Firearm.” WILLIAMS possessed a firearm on March
15, 2013, despite having a prior felony conviction from the Circuit Court of Cabell County for Burglary. As part of his plea, WILLIAMS will abandon the firearm. WILLIAMS, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.JOHN HARLOW, age 46, of Clarksburg, entered a plea of guilty to“Possession of a Firearm by a Convicted Felon.” HARLOW possessed a firearm on February 13, 2012, despite having three prior felony convictions from the United States District Court for the Northern District of West Virginia for distribution of cocaine base, distribution of heroin and interstate transportation in aid of racketeering. HARLOW, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.
These cases were prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Two Georgia Dieticians Charged with Medicaid FraudRead the Press Release
BRUNSWICK, GA: SCHELLA HOPE, 47, a licensed dietician whose business, Hope Nutritional Services, was located in Brunswick, Georgia, and ARLENE MURRELL, 65, a licensed dietician whose business, Quality Nutrition Services, was located in Newnan, Georgia, were charged with various health care fraud offenses in a forty-five count indictment returned by a federal grand jury sitting in Savannah, Georgia earlier this month.The indictment alleges that HOPE and MURRELL conspired to fraudulently bill the Georgia Medicaid program for nutrition services that were purported to have been provided to children enrolled in Head Start centers located across Georgia. The indictment also alleges that between January 2005 and September 2011, HOPE submitted bills to Medicaid for these services totaling almost $4 million.
HOPE made her first court appearance in this case on Wednesday at the federal courthouse in Tallahassee, Florida, while MURRELL’s initial court appearance occurred yesterday at the federal courthouse in Brunswick, Georgia. A trial date has not yet been scheduled.
United States Attorney Edward J. Tarver said, “As the Georgia Medicaid program is jointly funded by the United States government and the State of Georgia, it is fitting that the investigation and prosecution of this case has been a team effort by this office, federal law enforcement agencies, and the Georgia Medicaid Fraud Control Unit. The United States Attorney's Office and its partners are committed to protecting the financial well-being of government-funded health programs.”
Georgia Attorney General Sam Olens said, “Fraud of taxpayer monies will not be tolerated in any form. Head Start is a program intended to offer assistance to children from low income families. The allegations that these defendants used the Head Start program and children in need to assist in their scam is especially appalling.”
“This indictment sends a clear message to those who corruptly take advantage of the Medicaid system," said Derrick L. Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General for the Atlanta region. “The taxpayers and vulnerable recipients pay the price of Medicaid fraud and those who commit these offenses will be held accountable.”
If convicted, HOPE and MURRELL both face a maximum penalty of ten years imprisonment for the conspiracy charge, while HOPE also faces ten years imprisonment for each of the nineteen counts of health care fraud, and two years imprisonment for each of the twenty-five counts of aggravated identity theft. Each of these charges also carries a fine of up to $250,000.
United States Attorney Edward J. Tarver emphasized that an indictment is only an accusation and is not evidence of guilt. The defendant is entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
FBI Special Agent Tony Alig, HHS-OIG Special Agent David Graupner, and Georgia Medicaid Fraud Control Unit Auditor Denise Colson and Investigator Gretchen Culberson conducted the investigation which led to the indictment. Assistant United States Attorneys Brian Rafferty and David Stewart and Georgia Assistant Attorney General Robin Daitch are the prosecutors in this case. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.Truck Driver Indicted for Stealing Kindle Fire from WarehouseRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that, Eric Hanstein, age 29, of Arnold, Missouri, was indicted by a Grand Jury in the United States District Court for the Southern District of Illinois, East St. Louis Division. The single count indictment charges Hanstein with Theft from an Interstate Shipment for allegedly stealing a Kindle Fire from a warehouse in Mount Vernon, Illinois.
An indictment is a formal charge against a defendant. Under the law, that charge is merely an accusation and the defendant is presumed innocent unless proven guilty.
The indictment alleges that Hanstein was a truck driver for First Choice Courier and Distribution, Inc. His delivery routes included a stop at a warehouse in Mount Vernon, Illinois where he would load his trucks with packages for delivery. On or about December 5, 2012, according to the indictment, Hanstein kicked aside a package containing a Kindle Fire that was being shipped via FedEx. He later picked up the package and carried it away, ultimately selling the Kindle to an unwitting purchaser on Craigslist for $130.
Theft from an Interstate Shipment is punishable by up to 3 years’ imprisonment, a fine of $250,000 or both, up to one year of supervised release, and a $100 special assessment.
This case was investigated by the United States Postal Inspection Service and the Maryland Heights Police Department. The case is being prosecuted by Special Assistant United States Attorneys Theresa M. Dawson and Katherine L. Lewis.
Title Attorney, Two Mortgage Brokers and Their Coconspirators Sentenced in Mortgage Fraud SchemeRead the Press Release
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), announced the sentencing of Rafael Ubieta, 50, of Miami, Florida, and Angel Barroso, 46, of Miami, Florida, following their January 2013 convictions of conspiracy to commit wire fraud and wire fraud, as well as the sentencing of Joel Zaldivar, 33, of Studio City, California, and Kyle Baker, 33, of Beverly, Massachusetts, following their January 2013 guilty pleas to conspiracy to commit wire fraud. Ubieta, a Title Attorney, was sentenced to 240 months (20 years) of imprisonment. Barroso was sentenced to 210 months of imprisonment. Zaldivar and Baker, who were both Mortgage Brokers, were each sentenced to 48 months of imprisonment. Two other co-defendants, Martha Otero and Fernando Tolon, were previously sentenced to 78 months of imprisonment and 37 months of imprisonment, respectively, following their December 2012 guilty pleas to conspiracy to commit wire fraud. All sentences were imposed by United States District Judge K. Michael Moore.
According to the evidence presented at trial, Ubieta, a member of the Florida Bar, served as the Title Attorney for multiple fraudulent real estate transactions involving the use of straw buyers on whose behalf loan applications and supporting documents containing false information were submitted to various mortgage lenders across the United States by Zaldivar and Baker, who, at the time, were Mortgage Brokers and the Presidents of First Class Mortgage and Lending Corp. Straw buyers were recruited and paid by Barroso, Otero and Tolon. After the lenders approved the loans based on the false information provided, defendant Ubieta, then President of Bayside Title Services, Inc., prepared false HUD-1 Settlement Statements that contained false information. For example, the forms falsely represented to the lenders that the straw buyers were bringing their own money to closing. None of the straw buyers brought their own money to closing. Instead, on multiple occasions Ubieta released lenders’ proceeds to other members of the conspiracy, including Barroso and Otero, prior to receiving the buyers’ required cash-to-close payments. Members of the conspiracy, including Barroso and Otero, then used those proceeds to make the cash-to-close payments on behalf of the straw buyers. Ubieta also signed multiple Title Commitments falsely stating who the owner of record was on various properties. The false Title Commitments allowed Ubieta to conduct real estate closings in which an initial straw buyer resold properties to a second straw buyer before the initial straw buyer appeared as the owner of the property in the public records.
Mr. Ferrer commended the investigative efforts of the MDPD.
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.
Three Men Sentenced for Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that 3 men from South Dakota convicted of Possession of a Controlled Substance were sentenced on April 16, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Dennis Red Elk, age 32, of Rapid City, was sentenced to 5 months of imprisonment, $1,000 fine and $25 special assessment to the Victim Assistance Fund. Maurice Johnson, age 33, of Rapid City, was sentenced to time served, $1,000 fine and $25 special assessment to the Victim Assistance Fund, and Daniel Gangone, age 35, of Mission, was sentenced to 12 months of probation, a $1,000 fine, and $25 special assessment to the Victim Assistance Fund.
Red Elk, Johnson, and Gangone were indicted by a federal grand jury on August 22, 2012 and pled guilty to a Superseding Information on January 17, 2013. The charges stem from incidents on March 27, 2010 wherein Red Elk and Johnson came into contact with law enforcement officers, who discovered marijuana in the defendants’ possession. Gangone was implicated during the investigation as having possessed marijuana.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Red Elk was immediately turned over to the custody of the U.S. Marshal Service. Johnson is to be turned over to the state authorities for a parole violation.
Tax Preparer Sentenced to 30 Months in Federal Prison for Preparing Fraudulent ReturnsRead the Press Release
Defendant Operated “Instant Tax Services” in Dallas
DALLAS — George Chukwuka Chima was sentenced this morning by Chief U.S. District Judge Sidney A. Fitzwater to 30 months in federal prison and ordered to pay $776,341 in restitution, following his guilty plea in December 2012 to one count of aiding and assisting in the preparation of fraudulent federal income tax returns. Judge Fitzwater ordered that Chima, who has been on bond, surrender to the Bureau of Prisons on June 4, 2013. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to the factual resume filed in the case, Chima, a resident of Irving, Texas, operated a tax service business under the name “Instant Tax Services,” in Dallas. When Instant Tax Services prepared federal tax returns, Chima placed, or caused others to place, false and fraudulent claims for the First Time Home Buyer Credit (FTHBC) and Fuel Tax Credit (FTC) on numerous returns in order to fraudulently obtain refunds from the Internal Revenue Service (IRS). Chima admitted that he caused tax returns to include these false FTHBC and FTC credits that were completely fictitious and fraudulent, resulting in refund and credit overpayments by the IRS and unearned and fraudulent tax preparation fees paid to Chima.
Chima admitted, according to the factual resume, that from January 1, 2009, through April 15, 2010, he electronically filed, and caused others to electronically file, a total of approximately 795 individual income tax returns with the IRS. Of that number, approximately 505 contained fraudulent and false information, which caused a total loss to the IRS of approximately $776,341.
The case was investigated by IRS Criminal Investigation. Assistant U.S. Attorney David Jarvis was in charge of the prosecution.
Suspended Border Patrol Agents Found Guilty at TrialRead the Press Release
TUCSON, Ariz: On April 19, 2013, a federal jury in Tucson found suspended Border Patrol Agent Dario Castillo, age 25, guilty of four felony counts of deprivation of rights under color of law, in violation of 18 United States Code, Section 242, and his co-defendant, suspended Agent Ramon Zuniga, age 31, guilty of four misdemeanor violations of the same criminal statute. The case was tried before U.S. District Judge Jennifer G. Zipps from April 8 through April 19, 2013. Sentencing is set before Judge Zipps on July 1, 2013.
“This verdict sends a clear message that abuse of authority by federal law enforcement officers will not be tolerated in our society,” said United States Attorney for Arizona John S. Leonardo. “The United States Attorney’s Office is determined to continue to hold accountable any federal law enforcement officer in Arizona who commits such crimes in violation of their oath of office. Violations of the law by those sworn to enforce it undermine public confidence in the entire criminal justice system. The defendants’ abuse of authority in this case was in stark contrast to the vast majority of dedicated, hard-working federal law enforcement officers who do their best every day, under difficult circumstances, to enforce the law and protect the community professionally and within the constraints of the law.”
Evidence at trial showed that on Nov. 12, 2008, Zuniga and Castillo participated in a Border Patrol operation to track and contact border-crossers in Southern Arizona. At approximately 10:30pm, agents located a group of persons carrying backpacks containing marijuana. Most of these individuals fled, but four of the group were apprehended by the defendants and two other agents. During a search of the four, Zuniga discovered a small baggie of personal-use marijuana on one of them. He then shoved the marijuana into several of the victims’ mouths and yelled “comatela” (eat it). The defendants ordered the victims to take off their shoes, socks, jackets, and extra shirts, which the victims had layered to protect against the cold, leaving them barefoot and wearing a single layer of clothing. Defendant Castillo asked another agent for a cigarette lighter and then lit a fire which contained the victims’ shoes and clothing. Zuniga and Castillo then ordered the victims to run away, without shoes or socks, and wearing only a single layer of clothing.
A felony conviction for deprivation of rights under color of law carries a maximum penalty of 10 years, a $250,000 fine or both; a misdemeanor conviction under the statute carries a penalty of 1 year, a $100,000 or both.
The investigation in this case was conducted by the Department of Homeland Security’s Office of Inspector General. The prosecution was handled by Karen Rolley and Eric Markovich, Assistant United States Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-13-2727-TUC-JGZ
RELEASE NUMBER: 2013-031_Castillo&ZunigaSt. Francis Man Pleads Guilty to Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that Patrick Black Spotted Horse, age 23, of St. Francis, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 16, 2013 and pled guilty to Failure to Register as a Sex Offender. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; life of supervised release; and a $100 special assessment.
The Defendant was convicted of Sexual Abuse of a Minor on December 7, 2009. The Court sentenced Black Spotted Horse to 40 months’ imprisonment, 5 years of supervised release and also ordered that he must register as a sex offender. On October 12, 2012, Black Spotted Horse began his term of supervised release but eventually absconded from a treatment facility and did not properly register as a sex offender. On December 22, 2012 Black Spotted Horse was arrested on the Rosebud Sioux Indian Reservation.
The investigation was conducted by the U.S. Marshal Service. The case is being prosecuted by Assistant U.S. Attorney Timothy M. Maher.
A presentence investigation was ordered and a sentencing date was set for May 29, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Shakopee Man Charged with Fraudulently Using Food StampsRead the Press Release
MINNEAPOLIS—Yesterday in federal court, a 47-year-old Shakopee man was charged via an Information with fraudulently using other people’s food stamps. On April 18, 2013, Chin Son Kim was specifically charged with one count of food stamp fraud.
The charging document provided that between November 2010 and July 2012, Kim obtained Supplemental Nutrition and Assistance Program (“SNAP”) cards, commonly known as food stamps, from the recipients of those benefits. To that end, Kim waited near a charity facility in St. Paul, as well as at other locations, approaching people from whom he might acquire the SNAP cards.
After garnering a card, Kim would go to cooperating local markets, where he would use the card in an unauthorized manner. Typically, Kim would present the card to the grocer, who would swipe it through a food-stamp scanner, routinely noting a transaction of approximately $200. Kim would then receive cash, groceries, or store credit in that amount. Afterwards, he would return the card to its rightful owner, providing that person with cash in the amount of approximately half the transaction total. The loss to the SNAP program because of Kim’s action is estimated to be $29,816.Each individual who receives SNAP benefits is issued an electronic benefit transfer (“EBT”) card, which contains a monthly allocated benefit amount that can be used at authorized retailers. The United States Department of Agriculture (“USDA”) then reimburses those retailers for the benefit amounts redeemed. Only eligible food items may be acquired with food stamps, and some items, such as alcoholic beverages, tobacco products, and cell phone minutes. Moreover, food stamps may not be redeemed for cash.
If convicted, Kim faces a potential maximum penalty of five years in federal prison. All sentences will be determined by a federal district court judge. This case is the result of an investigation by the USDA-Office of Inspector General, the Ramsey County Sheriff’s Office, and the St. Paul Police Department. It is being prosecuted by Assistant U.S. Attorney David P. Steinkamp.
A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.