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19 April 2013
Clarksburg Resident Sentenced on Heroin ChargeRead the Press Release
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CLARKSBURG, WEST VIRGINIA - A 24-year old Clarksburg resident was sentenced on April 16, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that: MARK WAYNE LUNDELL a/k/a “BREEZY” was sentenced to 63 months imprisonment to be followed by six years of supervised release. LUNDELL entered a plea of guilty on November 29, 2012, to “Distribution of Heroin within 1,000 Feet of Northview Elementary School on June 5, 2012. LUNDELL will also forfeit his interest in $1,675 seized during the execution of a search warrant at his residence and which constitutes proceeds from the drug activity. LUNDELL, who is free on bond, will self-report to the designated Federal institution on May 17, 2013.
The case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Harrison County Drug Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department.
Cement Manufacturer Agrees to Reduce Harmful Air Emissions at Colorado PlantRead the Press Release
The U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today that CEMEX, Inc., the owner and operator of a Portland cement manufacturing facility in Lyons, Colo., has agreed to operate advanced pollution controls on its kiln and pay a $1 million civil penalty to resolve alleged violations of the Clean Air Act (CAA).
“This agreement will mean cleaner air for Colorado residents downwind of the CEMEX facility and will contribute to improved air quality in the Rocky Mountain National Park, which is one of our nation’s most cherished public spaces,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The settlement is part of the Justice Department’s continuing efforts, along with the EPA, to bring significant sources of air pollution within the cement manufacturing sector into compliance with the Clean Air Act.”
“Today’s settlement will reduce harmful emissions of nitrogen oxides, which can have serious impacts on respiratory health for communities along Colorado’s Front Range,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Cutting these emissions will also help improve environmental quality and visibility in places like Rocky Mountain National Park.”
The Department of Justice , on behalf of EPA, filed a complaint against CEMEX alleging that between 1997—2000, the company unlawfully made modifications at its Lyons plant that resulted in significant net increases of nitrogen oxide (NOx) and particulate matter (PM) emissions. The complaint further alleges that these increased emissions violated the CAA’s Prevention of Significant Deterioration and Non-Attainment New Source Review requirements, which state that companies must obtain the necessary permits prior to making modifications at a facility and install and operate required pollution control equipment if modifications will result in increases of certain pollutants.
As part of the settlement, CEMEX will install “Selective Non-Catalytic Reduction” (SNCR) technology at their Lyons facility, which is an advanced pollution control technology designed to reduce NOx emissions. This will reduce their NOx emissions by approximately 870 to 1,200 tons of NOx per year. The initial capital cost for installing SNCR is approximately $600,000 and the cost of injecting ammonia into the stack emissions stream, a necessary part of the process, is anticipated to be about $1.5 million per year.
The settlement is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions, including Portland cement manufacturing facilities.
NOx emissions may cause severe respiratory problems and contribute to childhood asthma. These emissions also contribute to acid rain, smog, and haze which impair visibility in national parks. CEMEX’s facility is located within 20 miles of Rocky Mountain National Park, and its emissions may contribute to visibility impairment and to the nitrogen pollution problem that is affecting the park’s vegetation, water quality, and trout populations. Air pollution from Portland cement manufacturing facilities can also travel significant distances downwind, crossing state lines and creating region-wide health problems.
The proposed consent decree will be lodged with the Federal District Court for the District of Colorado, and will be subject to a 30-day public comment period. A copy of the consent decree lodged today is available on the Department of Justice website at http://www.usdoj.gov/enrd/open.html.
More information about the settlement: www.epa.gov/enforcement/air/cases/cemex-lyons.html
More information about EPA’s national enforcement initiative: http://www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html
Catonsville Real Estate Appraiser Sentenced to Prison in Scheme to Obtain over $4 Million in Fraudulent Mortgage LoansRead the Press Release
Conspired to Obtain 16 Fraudulent Loans Resulting in Losses of More Than $2.4 MillionBaltimore, Maryland - U.S. District Judge James K. Bredar sentenced real estate appraiser David C. Christian, age 63, of Catonsville, Maryland today to 15 months in prison, followed by three years of supervised release, for conspiracy to commit wire fraud. Judge Bredar also ordered Christian to pay restitution of $2,440,804.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Inspector General Steve A. Linick of the Federal Housing Finance Agency; and Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division.
According to his guilty plea, Christian appraised a number of properties on behalf of purchasers who were seeking financing through Worthington Mortgage Group, LLC, a mortgage brokerage company controlled by Joshua Goldberg, operating out of an office on Gough Street in Baltimore. Christian admitted that from April 2004 to April 2008, at Goldberg’s request, he prepared at least 16 fraudulent appraisals for $4,001,950 in loans originated at the mortgage company. Christian falsified the appraisals by using fake photos and descriptions of the properties, misrepresenting the condition of the properties, and used inappropriate comparable properties. The total loss for the 16 loans amounted to $2,440,804, including $814,730, to the Federal Home Loan Mortgage Corporation (Freddie Mac), and $757,293 to the Federal National Mortgage Association (Fannie Mae). Fannie Mae and Freddie Mac are government sponsored federally chartered corporations that either buy mortgages on the secondary market for their own accounts or arrange to pool the mortgages and sell them as mortgage backed securities to investors on the open market.In March and June 2007, Christian used Goldberg as the mortgage broker to refinance property that he and his wife owned in Catonsville. Christian submitted false appraisals that inflated the property value and caused another appraiser to sign the documents to avoid the obvious conflict of performing an appraisal on his own property. With Christian’s knowledge, Goldberg processed the loan in Christian’s wife’s name, falsifying her income and employment, as well as the balance in the couple’s bank account and misrepresented other information. The loans were funded by another mortgage company, and Christian and his wife eventually defaulted on the loan, resulting in a loss of nearly $140,000.
Joshua S. Goldberg was indicted on related charges earlier this year. He is believed to be a fugitive.
The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available www.justice.gov/usao/md/Mortgage-Fraud/index.html.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.United States Attorney Rod J. Rosenstein commended the FBI, Federal Housing Finance Agency - Office of Inspector General, and U.S. Postal Inspection Service. Mr. Rosenstein thanked Assistant U.S. Attorney Gregory R. Bockin, who prosecuted the case.
British Actor and Talent Judge Pleads Guilty to Persuading Children to Produce Pornography over the InternetRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announced today that John David Baker (29, resident of Celebration, Florida and citizen of the United Kingdom) has pleaded guilty to two counts of production of child pornography using the Internet. He faces a minimum of 15 years, and up to 30 years in prison for each count, and a potential life term of supervised release. Baker has been held in the custody since his arrest in this case on September 7, 2012. A sentencing hearing has not yet been set.
According to court documents, beginning in or about November 2008 through August 2010, in the Middle District of Florida and elsewhere, Baker used computers and interactive computer services to engage in online conversations with several minor children over the Internet. During this period, Baker worked as an actor and helped train and audition adults and children who were attempting to pursue careers in the entertainment business. Baker also served as a talent judge for a talent competition in Florida. In this role, Baker met minor children who were auditioning to obtain work in the art and film industries.
Following a complaint by a concerned parent of a child whom Baker had contacted online, Baker was interviewed by law enforcement. Baker acknowledged that he had been confronted by the director of the talent competition about his inappropriate online contact with minors and admitted to chatting with other minors from the talent competition online. Baker also admitted that many of his chats were sexually oriented and to having sent or trading sexually oriented photos of himself or others during chats. He stated that through his work in the talent industry he received photos of individuals, some through his request and some not solicited by him. According to Baker, he had solicited photos from at least 10 children in the talent competition.
By establishing a fictitious online persona of himself, Baker persuaded minors to send him images and videos of themselves engaging in sexually explicit conduct via the Internet. Baker then sent the pornographic images to others. During a forensic analysis of Baker’s computer, law enforcement located several images and a video of a minor engaging in sexually explicit conduct.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Jacksonville Sheriff’s Office, Orange County Sheriff’s Office, Osceola County Sheriff’s Office, and the former Child Predator Cybercrime Unit of the Florida Attorney General’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. For more information about internet safety education, please visit www.projectsafechildhood.gov and click on the tab "other resources."
American Red Cross Employee Indicted for Deliberately Defrauding Unemployment Insurance ProgramRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that, Faith L. Moran, age 44, of Centreville, Illinois, was indicted by a Grand Jury in the United States District Court for the Southern District of Illinois, East St. Louis Division. The three count indictment charges Moran with Embezzlement of Public Funds and two counts of Mail Fraud for allegedly collecting unemployment insurance benefits unlawfully from the Missouri Division of Employment Security (MODES) for more than two years.
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 Moran was working for the American Red Cross in St. Louis, Missouri on or about March 21, 2010, when she first filed a claim for unemployment insurance benefits with MODES. Moran allegedly continued filing claims and receiving benefits through at least August 12, 2012, all while she was still working for the American Red Cross and either failing to report her income or underreporting her income. During that period, the indictment alleges further that Moran lost the debit card through which her benefits were paid and opted to call MODES to request, and ultimately receive, a replacement card. In total, Moran allegedly received $34,596 in unemployment insurance benefits from MODES to which she was not entitled.
Embezzlement of Public Funds is punishable by up to 10 years of imprisonment, a fine of up to $250,000, or both; a term of supervised release of up to 3 years, and a $100 special assessment. Each count of Mail Fraud is punishable by up to 20 years of imprisonment, a fine of up to $250,000, or both; a term of supervised release of up to 3 years, and a $100 special assessment.
This case was investigated by the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations; the United States Postal Inspection Service; and the Illinois Department of Employment Security. The case is being prosecuted by Special Assistant United States Attorney Katherine L. Lewis.
Alicia Wells Pleads Guilty to Defrauding Gulf Coast Claims FacilityRead the Press Release
ALICIA WELLS, age 29, of New Orleans, Louisiana, pled guilty in federal court today before U.S. District Judge Carl J. Barbier to mail fraud relating to a fraudulent application she made to the Gulf Coast Claims Facility (GCCF) for financial assistance in the aftermath of the Deepwater Horizon oil spill in the Gulf of Mexico, announced U. S. Attorney Dana J. Boente.
According to court documents, the GCCF made disaster assistance money available to individuals and businesses affected by the oil spill resulting from the Deepwater Horizon explosion. The GCCF required individuals to verify loss of income. On September 25, 2010, WELLS applied for disaster assistance funds, representing that she was working at Center Plate before the oil spill. However, WELLS had never worked for Center Plate and she submitted false documentation to establish that she was employed at Center Plate and to establish her false loss earnings. Based on WELLS’ fraudulent application, the GCCF issued three checks totaling $13,200 to which WELLS was not entitled.
WELLS faces a maximum term of imprisonment of 20 years, a fine of $250,000 and 3 years of supervised release following any term of imprisonment. Sentencing is set for July 25, 2013.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected] or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
The case was investigated by the United States Secret Service and prosecuted by Assistant United States Attorney Loan “Mimi” Nguyen.
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Alabama Man Pleads Guilty to Conspiracy to Provide Material Support to TerroristsRead the Press Release
MOBILE, Ala. – Randy Wilson, aka “Rasheed Wilson,” 25, a U.S. citizen living in Mobile, pleaded guilty today to conspiracy to provide material support to terrorists in connection with his plans to travel to Mauritania to wage violent jihad overseas, announced U.S. Attorney Kenyen R. Brown of the Southern District of Alabama and Stephen E. Richardson, Special Agent in Charge of the Mobile Division of the FBI.
At a hearing today before U.S. District Judge Kristi K. DuBose in Mobile, Wilson entered a plea of guilty to one count of conspiring to provide material support to terrorists, knowing or intending that it be used in preparation for, or in carrying out a conspiracy to kill persons or damage property outside the United States. Wilson faces a maximum potential sentence of 15 years in prison and a $250,000 fine at sentencing.
Wilson and co-defendant Mohammad Abdul Rahman Abukhdair were the subjects of an investigation by the Joint Terrorism Task Force of the Mobile Division of the FBI. Wilson was arrested on a criminal complaint on Dec. 11, 2012 in Atlanta as he attempted to board a flight that would ultimately take him to Morocco. Abukhdair was arrested in Augusta, Ga., at a bus terminal. According to court documents, Abukhdair was scheduled to fly to Morocco from outside the United States on Dec 13, 2012.
Both defendants were later charged in a federal indictment returned by a grand jury in the Southern District of Alabama on Dec. 20, 2012. Abukhdair has pleaded not guilty and awaits trial on charges of conspiracy to provide material support to terrorists and passport fraud. As in all cases, a defendant is presumed innocent unless or until proven guilty.
According to Wilson’s plea agreement and other court documents, Wilson and Abukhdair met online in 2010. On Aug. 27, 2011, an FBI undercover employee met Wilson, and Wilson told the FBI employee that he and Abukhdair had previously formulated a plan to travel together overseas for the purpose of waging violent jihad.
In July of 2012, Wilson and Abukhdair began meeting with a confidential source working for the FBI and, according to court documents, they brought that FBI source into their plans to travel overseas to wage violent jihad. According to court documents, Wilson and Abukhdair planned to travel to Casablanca, Morocco, and from there to Mauritania, where they expected to be in a position to wage violent jihad in a nearby country or conflict. Both defendants were arrested before they could leave the country.
U.S. Attorney Brown stated, “Mr. Wilson’s criminal actions, subsequent indictment and conviction are proof that there are those in our midst, even in small town America, who are willing to injure, maim and kill others in the name of violent jihad. Mr. Wilson’s plea to terrorism charges today are a stark reminder to all Americans that they should remain vigilant against the terror threats in our community and in the nation. The U.S. Attorney’s Office, the FBI and all elements of Federal, state and local law enforcement remain committed to disrupting terrorist plots, protecting our communities and bringing violent wrong doers to justice. I could not be prouder of both our local FBI office and the dedicated Assistant United States Attorneys in my office for the countless hours they invested into this case in order to arrive at this successful conclusion.”
FBI Special Agent in Charge Richardson stated: “The admission of guilt by this defendant represents the fine work being done by the FBI’s Joint Terrorism Task Force. Acts of terrorism and the support of terrorism is a significant investigative priority for the FBI and we must all be vigilant protecting our communities from those who desire to cause us harm. These acts have no place in our society.”
The investigation was conducted by the Joint Terrorism Task Force of the Mobile division of the FBI.
The prosecution is being handled by Sean P. Costello, of the U.S. Attorney’s Office for the Southern District of Alabama, and Trial Attorneys Clement McGovern and Annamartine Salick from the Counterterrorism Section of the Justice Department’s National Security Division.
18 April 2013
Witness Who Refused to Testify Convicted of Contempt of Court and Obstruction of JusticeRead the Press Release
Abdullahi Farah a/k/a Grey Goose, age 23, of Nashville, was convicted yesterday by a federal jury of obstruction of justice and contempt of court, announced David Rivera, Acting United States Attorney for the Middle District of Tennessee.
Farah was found guilty of willfully and knowingly misbehaving in or near the presence of United States District Judge Todd J. Campbell; of willfully and knowingly disobeying and resisting a lawful order, decree, or command of Judge Campbell; and of knowingly and intentionally attempting to obstruct or interfere with and prevent the enforcement of Title 18 U.S.C. Section 1591(a), the federal statute that prohibits the sex trafficking of children and sex trafficking by force, fraud or coercion.
It was stipulated at the trial that Farah had material information regarding multiple counts of the indictment in the case of United States v. Adan, et al., including information regarding charges of sex trafficking females under the age of 18. On August 23, 2012, Judge Campbell ordered Farah to testify in a deposition for the purpose of obtaining his testimony for use at trial in the Adan case.
Pursuant to Judge Campbell’s Order, a deposition was convened on September 12, 2012, at the United States Federal Courthouse in Nashville for the purpose of taking Farah’s testimony regarding the charges in the Adan indictment. When asked if he would testify, Farah refused.
As a result of his refusal, Farah was taken before Judge Campbell, who found that it would be futile to hold Farah in civil contempt of Court and stated that the United States could commence criminal contempt charges against Farah.
Farrah was subsequently indicted by a federal grand jury for contempt and obstruction charges. He faces a maximum sentence of life in prison when he is sentenced at a date yet to be determined.
Farah’s case and the Adan case were part of a joint investigation by the St. Paul Minnesota Police Department, Homeland Security Investigations, the FBI, the Tennessee Bureau of Investigation, and the Nashville Metropolitan Police Department. The case was prosecuted by Assistant U.S. Attorneys Van S. Vincent and Blanche Cook.
Wilmington Man Sentenced for Heroin DistributionRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today Chief United States District Judge James C. Dever III sentenced CARNELL RANDALL WHITE, 24, of Wilmington, North Carolina, to 120 months imprisonment followed by 5 years supervised release.
On November 14, 2012, WHITE pled guilty to possession with the intent to distribute and distribution of 100 grams or more of heroin.
During the course of the investigation, the Wilmington Police Department made three undercover purchases of heroin from WHITE between September 2011 and February 2012.
On March 26, 2012, the Wilmington Police Department stopped a rental car driven by Kathy Mishoe with Linwood Nelson as a passenger. The vehicle was returning from New Jersey to Wilmington North Carolina. Detectives found 7,500 bags of heroin which were to be delivered to WHITE and Kenneth Harris for distribution.
In addition, law enforcement uncovered that Nelson and Mishoe had previously transported heroin for WHITE and others to distribute in the New Hanover County area. Between November 2011 and February 2012 the group imported more than 16,500 bags of heroin from New Jersey.
Furthermore the investigation revealed that WHITE was responsible for distributing more than 1.5 kilograms of heroin into Eastern North Carolina.
This case was brought as a part of an Organized Crime Drug Enforcement Task Force (OCDETF) Operation entitled WoofPack, investigating importers and multi-level distributors of heroin, cocaine, crack cocaine and gang activity associated with this distribution. So far 33 persons have been sentenced in federal court as a part of this operation.
Investigation of this OCDETF case is being conducted by the Federal Bureau of Investigations (Safe Streets Task Force); the Bureau of Alcohol, Tobacco, and Firearms and Explosives; the North Carolina State Bureau of Investigations; the Wilmington Police Department; the New Hanover County Sheriff’s Office and the Greenville Police Department. Special Assistant United States Attorney Timothy Severo represents the government. Mr. Severo is a prosecutor with the New Hanover District Attorney’s Office. District Attorney Ben David has assigned him to the United States Attorney’s office to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters.
Wildlife Researcher Pleads Guilty to Unlawful Taking of Golden EagleRead the Press Release
United States Attorney Laura E. Duffy announced that a Julian resident pled guilty today to the unlawful taking of a golden eagle, in violation of the Bald and Golden Eagle Protection Act, before the Honorable David H. Bartick, United States Magistrate Judge. “Take” in this instance involved collection of the bird for banding without the required permit.
At the time of the plea, wildlife researcher John David Bittner acknowledged that he makes his living conducting studies of birds and wildlife. His work includes the capture and banding of eagles and other migratory birds, and the tracking of their movements. Bittner had possessed a federal bird banding permit, which expired on January 31, 2010. In mid-February, 2010, he asked the USGS Bird Banding Laboratory to renew his permit. The Bird Banding Lab advised Bittner that he was not in compliance with his permit as he had not reported any data for the birds he had banded since October 31, 2006 and thus, his permit would not be renewed until he submitted the delinquent data. These data provide the USGS and the U.S. Fish and Wildlife Service valuable information about the health and distribution of the eagle population in the United States. For the period from January 31, 2010, through August 12, 2010, Bittner possessed no permit to capture and band eagles or any other migratory bird. In pleading guilty, Bittner admitted that during this period, he captured and banded 144 migratory birds in southern California, including at least one female golden eagle, knowing that he had no permit to do so.
Historically, the breeding range of the golden eagle included most of North America, but today the species occurs primarily in the Western United States where it nests and winters from Alaska south to central Mexico. In some western states, golden eagles are year-round residents in breeding territories.
The golden eagle is a Bird of Conservation Concern throughout most of its western range. In the early 1970s, the estimated North American population was approximately 100,000. The current population estimate for the United States and Canada is 80,000, with documented declines in western states. Golden eagle populations are primarily impacted by habitat loss, collisions with transmission lines and increasingly with wind turbines, ingestion of lead and other contaminants, and disturbance of nest and brooding sites.
The Bald and Golden Eagle Protection Act prohibits anyone from taking, possessing, or transporting a bald eagle or golden eagle, or the parts, nests, or eggs of such birds without prior authorization. Take means to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, or disturb. Activities that directly or indirectly lead to take are prohibited without a permit. Such restrictions help ensure the future viability of eagles in the wild.
United States Attorney Laura E. Duffy said, "It is a sacred trust to preserve our natural heritage for future generations. This trust mandates that we observe both the spirit and letter of laws designed to protect the environment."
Bittner is scheduled to be sentenced on July 11, 2013 at 1:30 a.m. before Judge Bartick.
Case Number: 13cr1391-W DEFENDANT John David Bittner SUMMARY OF CHARGESUnlawful Taking of a Golden Eagle, in Violation of Title 16, United States Code, Section 668(a).
AGENCY
Maximum Penalties: 1 year in custody and/or $100,000 fine, $25 special assessment.U.S. Fish and Wildlife Service
West Virginia Man Sentenced to Life in Prison on Multiple Child Exploitation ChargesRead the Press Release
St. Louis, MO - St. Louis, MO - JACK E. GRAVENMIER, Charleston, West Virginia, was sentenced to life in prison on multiple child exploitation crimes in Missouri and the State of West Virginia. He appeared today in St. Louis for sentencing before United States District Judge John A. Ross.
In January, Gravenmier pled guilty, in St. Louis, to production of child pornography, attempt to persuade a minor to engage in sexual activity, traveling with the intent to engage in illicit sexual conduct and possession of child pornography. He also pled guilty at that time to production and possession charges from the Southern District of West Virginia. He was sentenced to life in prison on all of those charges.
As part of his January plea agreement, Gravenmier also agreed to forfeit all of his interest in items seized by law enforcement officials during the course of the investigation, including a 2007 GMC Yukon XL, a 1995 Ford Cutaway Van E350 and his residence in Charleston, West Virginia.
The investigation was conducted jointly by the Troy, Missouri, Police Department; St. Charles County Cyber Crime Task Force, Missouri Internet Crimes Against Children Task Force; FBI (St. Louis); Charleston, West Virginia, Police Department; FBI (West Virginia); White County, Georgia, Sheriff's Department; Georgia Bureau of Investigation and the Santa Rosa County, Florida, Police Department. The case was prosecuted by Assistant United States Attorneys Robert F. Livergood of the Eastern District of Missouri and Lisa G. Johnston of the Southern District of West Virginia.
Watervliet Man Pleads Guilty to Receipt of Child PornograpyRead the Press Release
GRAND RAPIDS, MICHIGAN – David Alan Inman, 51, of Watervliet, Michigan pleaded guilty on Tuesday, April 16, 2013, to receiving child pornography videos via the Internet, U.S. Attorney Patrick A. Miles, Jr. announced today. Inman faces a minimum of five years and a maximum of 20 years of imprisonment, and he will be required to serve a term of supervised release after his prison term has been completed. Inman will also be required to register as a sexual offender.
The case stemmed from an online investigation that took place in late 2009. During that investigation, members of law enforcement learned that an individual, later identified as Inman, had made numerous items of child pornography available for download on the Internet. Agents ultimately executed two search warrants at Inman’s home and recovered a number of computers that contained a substantial collection of child pornography. Inman confessed to downloading child pornography images and videos from the Internet, and he further admitted to sharing child pornography with others via the Internet.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov.
The Federal Bureau of Investigation (FBI) and the Berrien County Sheriff's Department investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
END
Virginia Man Sentenced to Five Years in Federal Prison for Trafficking Firearms to ConnecticutRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, today announced that CHARLES MATTHEW WILSON, also known as “Matt,” 26, of Roanoke, was sentenced yesterday by United States District Judge Janet C. Hall in New Haven to 60 months of imprisonment, followed by three years of supervised release, for his participation in a conspiracy to traffic firearms from Virginia to Connecticut.
According to court documents and statements made in court, this matter stems from an investigation conducted by the New Haven Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Between June and August 2012, Jawawn Ricardo Hale, of Roanoke, sold a total of seven firearms and a quantity of ammunition to an individual in Connecticut. Hale acquired the firearms from WILSON and others in Virginia, and then transported the firearms to Connecticut. Leshel Branch, of New Haven, assisted Hale in the transportation and distribution of the firearms.
On August 23, 2012, WILSON, Hale and Branch traveled to a location in New Haven where Hale sold two firearms to an individual in exchange for $2,400. Shortly after the transaction, the car carrying the three defendants was stopped by law enforcement. $2000 was recovered from the interior of the car and $400 was seized from WILSON’s person.
WILSON has been detained since his arrest on August 23, 2012. On December 14, 2012, he pleaded guilty to one count of conspiracy to engage in the business of dealing in firearms without a license.
WILSON’s criminal history includes a 2006 conviction for possession with intent to distribute cocaine and a 2012 conviction for possession of ammunition by a convicted felon, and he faces violation of probation proceedings in Virginia.
Hale and Branch have pleaded guilty and await sentencing.
This case is being prosecuted by Assistant United States Attorney Anthony E. Kaplan.
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(203) 821-3722 [email protected]United States Attorney Deborah Gilg Recognizes the Success of Nebraska ICACsRead the Press Release
United States Attorney Deborah R. Gilg today recognized the outstanding work done by the Nebraska State Patrol and the Internet Crimes Against Children (ICAC) groups operating in the State of Nebraska to protect our children from sexual predators. The Nebraska State Patrol and the ICACs conduct difficult investigations involving the online exploitation of children. The crimes include: online enticement of children; production and manufacture of child pornography; distribution, receipt and possession of child pornography; travel and transport offenses with the intent to engage in sexual activity with children; and, human trafficking of children. These cases are referred for both federal and state prosecution.
United States Attorney Gilg noted a number of significant ICAC referrals recently prosecuted in federal court in Nebraska. Significant sentences imposed by the federal court within the past six months include:
- Allen M. Hudson, age 41 of Plattsmouth, who was sentenced to 303 months in prison for producing child pornography. Hudson produced images of child pornography depicting 3 different boys between the ages of eleven and twelve
- Mark Roble of Bellevue who was sentenced to 15 years in prison for attempting to produce child pornography. Roble installed cameras in his bathroom with the intent to record a minor female
- Nathan T. Young, age 22 of Columbus, who was sentenced to 12 years in prison for receiving child pornography. Young, a registered sex offender, solicited and received sexually explicit photos from a middle school student over cell phones
- Robert Fleming, age 32 of Chadron, who was sentenced to 10 years in prison for receiving 78 videos and 4,000 images of child pornography
- Thomas Schildt, age 30 of Gering, who was sentenced to 7 years in prison for receiving 15,000 images of child pornography. The images included children as young as 3 years of age engaged in sexual acts and bondage
- Jason Bielicki, age 35 of North Platte, who was sentenced to 7 years in prison for receiving and distributing 96 videos and 105 images of child pornography
- Steven Fonder, age 33 of Omaha, who was sentenced to 7 years in for receiving and distributing 1,250 videos of child pornography.
United States Attorney Gilg stated “Each of these individuals are not eligible for parole and when released from prison will remain under federal supervision for terms of at least five years and in some instances for life. All will be required to register as sex offender. Predators who seek to rob the innocence of children will be prosecuted to the fullest extent of the law.”
Finally, United States Attorney Gilg noted that the ICACs work hand in hand with Project Safe Childhood. Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s 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 ww.projectsafechildhood.gov.
Two Sentenced in Connection with Aryan Knights CasesRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced today that two more individuals in the Aryan Knights investigation were sentenced to serve federal prison sentences for distributing methamphetamine.
Nicholas Andrew Steele, 26, of Boise, Idaho, was sentenced yesterday by Chief U.S. District Judge B. Lynn Winmill to 60 months in prison followed by four years of supervised release for distribution of methamphetamine. On December 20, 2012, Steele pleaded guilty and admitted to his involvement in distributing methamphetamine to a confidential informant in June 2012. Steele’s co-defendant, Dennis Lynn James, 46, of San Pablo, California, pleaded guilty on March 12, 2013, to conspiracy to distribute methamphetamine. He is scheduled to be sentenced in federal court in Boise on June 3.
In a separate case, Stephanie Ann Robinson, 29, of Boise, was sentenced today by U.S. District Judge Edward J. Lodge to 63 months in prison followed by four years of supervised release for distribution of methamphetamine. On January 25, 2013, Robinson pleaded guilty to the indictment charging her with one count of distributing methamphetamine in March 2012.
The Steele and Robinson cases are part of the Aryan Knights investigation in which 23 people were charged as a result of a long term investigation by the Treasure Valley Metro Violent Crimes Task Force. The investigation began when the task force focused on illegal drug distribution by the “Aryan Knights,” a gang active both in prison and on the streets throughout Idaho. Through the investigation, law enforcement agents identified Aryan Knights gang members who were trafficking methamphetamine, as well as associates of the gang who were the source of that methamphetamine.
The Aryan Knights indictments were the result of a joint investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF), which included the cooperative law enforcement efforts of the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service. The Twin Falls Police Department, Twin Falls Sheriff’s Office, Idaho State Police, and District 3 Probation and Parole participated in the investigation.
The cases are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Two Individuals Arrested on Drug 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
WHEELING, WEST VIRGINIA - Two individuals were arrested today by agents of the Marshall County Drug Task Force pursuant to an Indictment returned by a Federal Grand Jury on April 16, 2013.
According to United States Attorney William J. Ihlenfeld, II:
AMANDA ALLISON, age 26, of Cameron, West Virginia, and TYLER JAY HOYLE, age 22, of Waynesburg, Pennsylvania, were charged with “Conspiracy to Distribute Heroin” from January of 2013 to April 6, 2013, in Cameron. ALLISON was also charged with three counts of “Illegal Use of a Telephone to Facilitate the Distribution of Heroin,” two counts of “Distribution of Heroin,” and, one count of “Distribution of Oxycodone.” The indictment also seeks the forfeiture of a money judgment of $7,500 and $3,100 in currency seized in the investigation, which constitutes proceeds from the drug activity.
ALLISON and HOYLE appeared in court today for an initial appearance. ALLISON was released with conditions and HOYLE was remanded to custody pending a detention hearing.
If convicted, ALLISON and HOYLE face up to 20 years imprisonment and a
$1,000,000 fine on the conspiracy charge. In addition, ALLISON faces up to 4 years imprisonment and a $250,000 fine on the phone charges and 20 years imprisonment and a
$1,000,000 fine on the distribution charges.
The case will be prosecuted by Assistant United States Attorney Randolph J. Bernard. The charges contained in the indictment are merely accusations and not evidence of guilt. The defendants are presumed innocent until and unless proven guilty.Two Indicted on Child Porn ChargesRead the Press Release
Cori Merklinger, 24, of Reading, PA, and Ambur Ham, 20, of Parkesburg, PA, were charged today by Indictmentwith one count of conspiracy to produce child pornography, and three counts of production of child pornography, announced United States Attorney Zane David Memeger. Merklinger was additionally charged with one count of distribution of child pornography.
If convicted, the defendants face a mandatory minimum sentence of 15 years in prison with a maximum sentence of 30 years, a fine of up to $1 million, a mandatory minimum period of five years up to lifetime period of supervised release, and a $100 special assessment for each count. Merklinger also faces a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years for the distribution count, plus an additional $100 special assessment.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the FBI, the Berks County Detectives and the Chester County Detectives, with assistance from the Berks County District Attorney’s Office and the Chester County District Attorney’s Office, and is being prosecuted by Assistant United States Attorney Michelle L. Morgan.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Two Essex County, N.J., Men Admit Roles in Armed Robbery of Jewelry StoreRead the Press Release
NEWARK, N.J. – Two Essex County, N.J., men today admitted their roles in the armed robbery of the Golden Palace jewelry store in Orange, N.J., U.S. Attorney Paul J. Fishman announced.
Antonio Moore, 44, of Newark, pleaded guilty to an Indictment charging him with one count of Hobbs Act robbery and one count of using a firearm in furtherance of that robbery. Charles Madison, 41, also of Newark, pleaded guilty to an Information charging him with aiding and abetting the Hobbs Act robbery and for being a felon in possession of a firearm. Both pleaded before U.S. District Judge William J. Martini in Newark federal court. A third defendant, David Williams, pleaded guilty in January 2013.According to documents filed in this case and statements made in court:
On August 6, 2012, Moore and Williams robbed the store at gunpoint, while Madison served as the getaway driver. During the robbery, Moore punched a 22-year-old employee of the Golden Palace in the head, restrained her and a co-worker with duct tape and telephone cord, and then took approximately $120,000 in jewelry from the store’s display cases. The three defendants were pulled over in Madison’s pick-up truck approximately an hour after the robbery, at which time law enforcement found dozens of pieces of gold jewelry scattered across the back seat of the truck.
Moore faces a maximum potential punishment of life imprisonment. Madison faces a maximum potential punishment of 20 years in prison on the robbery charge and 10 years in prison on the gun charge. Both defendants are subject to fines of up to $250,000. Sentencing is scheduled for July 31, 2013.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation leading to today’s guilty pleas. Mr. Fishman also thanked the Orange Police Department and the New Jersey State Police for their investigation and assistance on this case.
The government is represented by Assistant U.S. Attorney Andrew J. Bruck of the U.S. Attorney’s Office General Crimes Unit, and David E. Malagold, Chief of the Office’s Organized Crime/Gangs Unit, in Newark.13-171
Defense counsel: Moore: Mark A. Berman Esq., River Edge, N.J.
Madison: Michael V. Calabro Esq., NewarkMoore, Antonio et. al. Indictment
Madison, Charles InformationTwo Charged in Identity Theft SchemeRead the Press Release
Arthur L. Long, Jr. , 25, and Jeremy Stanton, 26, all of Philadelphia, Pennsylvania, were charged on April 18, 2013 by Indictment with conspiracy, access device fraud and aggravated identity theft, in a scheme using counterfeit access device cards to make purchases at retail stores, such as Macy’s, Victoria’s Secret, J. Crew, Gap, Modells and Target, announced United States Attorney Zane David Memeger.
If convicted of all charges, Long faces a maximum possible sentence of 31 years in prison and a $1.5 million fine; and Stanton faces a maximum possible sentence of 17 years in prison and a $750,000 fine.
The case was investigated by the United States Secret Service, with the assistance of the Upper Merion Township Police Department, and is being prosecuted by Assistant United States Attorney K.T. Newton.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Two Atlanta Men Plead Guilty to Federal Hate Crime Against Gay ManRead the Press Release
Christopher Cain, 19, and Dorian Moragne, 20, both of Atlanta, pleaded guilty today in federal court to beating a man because of his sexual orientation.
According to information presented in court, Cain, Moragne and a juvenile, all associated with the Jack City street gang, targeted a 20-year-old gay man on Feb. 4, 2012, as the man left a grocery store in Atlanta’s Pittsburgh neighborhood. Cain punched the victim in the head and pushed him to the ground. Cain, Moragne and the juvenile surrounded the victim and repeatedly punched and kicked him while the group yelled anti-gay epithets, including “No f****** in Jack City.” Moragne then picked up a tire and struck the victim with it. The group also stole the victim’s cell phone. A fourth person, also with the defendants, recorded the assault using a cell phone. The video footage was posted to the internet.
“Hate-fueled violence will not be condoned,” said Roy L. Austin Jr., Deputy Assistant Attorney General for the Civil Rights Division. “The Justice Department will use all the tools in our law enforcement arsenal to investigate and prosecute hate crimes.”
“Using violence against another person because of his or her sexual orientation has no place in our civilized society. The Department of Justice is committed to aggressively enforcing the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act to prosecute acts motivated by hate,” said U.S. Attorney Sally Quillian Yates.
Cain and Moragne admitted to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which expanded federal jurisdiction to include certain assaults motivated by the victim’s sexual orientation. The federal hate crimes law criminalizes certain acts of violence motivated by a victim’s actual or perceived race, color, national origin, religion, sexual orientation, disability, gender or gender identity. This case is the first in Georgia to charge a violation of the sexual orientation provision of this federal hate crimes law.
Last year, Cain, Moragne and the juvenile, who was considered an adult under Georgia law, were prosecuted in Fulton County, Ga., Superior Court for offenses that did not include a hate crime. In state court, Cain and Moragne were sentenced to a term of 10 years in prison, suspended upon the service of five years. As part of their plea agreement, federal prosecutors recommended that their federal and state sentences run concurrently.
This case is being investigated by special agents of the FBI and investigators with the Atlanta Police Department. The case is being prosecuted by Trial Attorney Nicole Lee Ndumele of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Brent Alan Gray.
Two Atlanta Men Plead Guilty to Federal Hate CrimeRead the Press Release
First Convictions in Georgia for Violations of the
Sexual Orientation Section of the Federal Hate Crimes LawATLANTA – Christopher Cain and Dorian Moragne both of Atlanta, Ga., pleaded guilty today in federal court before Senior United States District Judge J. Owen Forrester to beating a man because of his sexual orientation.
“Violence against another person because of his or her sexual orientation has no place in our civilized society,” said United States Attorney Sally Quillian Yates. “The citizens of this district should know that we are committed to aggressively prosecuting hate crimes.”
“Hate-fueled violence will not be condoned,” said Roy L. Austin Jr., Deputy Assistant Attorney General for the Civil Rights Division. “The Justice Department will use all the tools in our law enforcement arsenal to investigate and prosecute hate crimes.”
“The FBI remains committed to ensuring the civil rights of all individuals, to include those singled out and attacked because of their perceived differences,” stated Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office. “These acts of violence should be reported and aggressively investigated to ensure that we send a clear message that these actions will not be tolerated.”
According to United States Attorney Yates, the charges and other information presented in court: On February 4, 2012, Cain, 19, Moragne, 21, and a juvenile, all associated with the Jack City street gang, targeted a 20-year-old gay man as he left a grocery store located in Atlanta’s Pittsburgh neighborhood. Cain punched the victim in the head and pushed him to the ground. Cain, Moragne and the juvenile surrounded the victim and repeatedly punched and kicked him while the group yelled anti-gay epithets, including “No f****** in Jack City.” Moragne then picked up a tire and struck the victim with it. The group also stole the victim’s cell phone. A fourth person, also with the defendants, recorded the assault using a cell phone. The video footage was posted to the Internet.
Cain and Moragne admitted to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which expanded federal jurisdiction to include certain assaults motivated by the victim’s sexual orientation. The federal hate crimes law criminalizes certain acts of violence motivated by a victim’s actual or perceived race, color, national origin, religion, sexual orientation, disability, gender or gender identity. This case is the first in Georgia to charge a violation of the sexual orientation section of the federal hate crimes law.
Last year, Cain, Moragne and the juvenile, who was considered an adult under Georgia law, were prosecuted in Fulton County Superior Court for offenses that did not include a hate crime. In State court, Cain and Moragne were sentenced to a term of imprisonment of ten years suspended upon the service of five years. As part of their plea agreement, Federal prosecutors recommended that their Federal and State sentences run concurrently.
This case is being investigated by Special Agents of the Federal Bureau of Investigation and Detectives with the Atlanta Police Department.The case is being prosecuted by Assistant United States Attorney Brent Alan Gray and Trial Attorney Nicole Lee Ndumele of the Justice Department’s Civil Rights Division.
For further information please contact the U.S. Attorney’s Public Information Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.Three Sentenced for Heroin ConspiracyRead the Press Release
FREDERICK TAYLOR, age 33, of New Orleans, Louisiana; JERMEY WILLIAMS, age 29, of Cleveland, Texas; and THIOUGEST WOOLDRIDGE, age 34, of New Orleans, Louisiana, were sentenced today by the Honorable Nannette Jolivette Brown, announced U.S. Attorney Dana J. Boente. TAYLOR was sentenced to 110 months in the custody of the Bureau of Prisons and a term of 5 years supervised release. WILLIAMS was sentenced to 75 months in the custody of the Bureau of Prisons and a term supervised release of 5 years. WOOLDRIDGE was sentenced to 70 months in the custody of the Bureau of Prisons and a term of 5 years of supervised release.
On June 8, 2012, TAYLOR, WILLIAMS, and WOOLDRIDGE were charged along with three other defendants in a Superseding Indictment for violations of the Federal Controlled Substances Act. On January 10, 2013, these defendants pleaded guilty to being members of a conspiracy to possess with the intent to distribute 100 grams or more of heroin.
A jury trial for the other defendants in this case, BRANDON CHEATHAM, JOSHUA CLOFER, and JOSH TAPP, is scheduled for July 22, 2013.
The case was investigated by the Federal Bureau of Investigation. The prosecution was handled by Assistant United States Attorney Sean Toomey.
Tennessee Salvage Company Owners and Operators Plead Guily to Conspiring to Violate the Clean Air ActRead the Press Release
Three owners and operators of a Tennessee salvage and demolition company, A&E Salvage, Inc., pleaded guilty today in federal court in Greeneville, Tenn., for conspiring to violate the Clean Air Act.
Newell (a.k.a., “Nick”) Smith, Armida Di Santi, and Milto Di Santi pleaded guilty before U.S. District Court Judge Greer for the Eastern District of Tennessee to one criminal felony count for conspiring to violate the Clean Air Act’s “work practice standards” salient to the proper wetting, stripping, bagging, and disposal of asbestos. According to the charges, Smith and the Di Santis, along with other co-conspirators, engaged in a multi-year scheme in which substantial amounts of regulated asbestos containing materials were improperly removed from components of the former Liberty Fibers Plant or were illegally left in place during demolition.
Smith and the Di Santis face up to five years in prison and a fine of up to $250,000 or twice the gross gain or loss to the victims.
Asbestos has been determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease. The Environmental Protection Agency has determined that there is no safe level of exposure to asbestos.
This case was investigated by Special Agents of the Environmental Protection Agency. The case is being prosecuted by Assistant U.S. Attorney Matthew T. Morris of the U.S. Attorney’s Office for the Eastern District of Tennessee and Trial Attorney Todd W. Gleason of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Suspended North Side Pharmacist Indicted for Allegedly Smuggling and Trafficking Counterfeit ViagraRead the Press Release
CHICAGO — A suspended Chicago pharmacist was indicted for allegedly illegally obtaining counterfeit Viagra and Cialis from China and illegally dispensing the bogus medications at his north side pharmacy. The defendant, MICHAEL MARKIEWICZ, who owns Belmont Pharmacy, 6148 West Belmont, allegedly ordered three shipments of counterfeit Viagra from China, including one that also contained Cialis, and also trafficked counterfeit Viagra from his pharmacy between December 2010 and August 2012.
The Illinois Department of Professional Regulation suspended Markiewicz’ pharmacist license and revoked the license of Belmont Pharmacy in November 2012. The store continues operating as a nutrition and herb retailer.
Markiewicz, also known as Michael Markowitz, 36, of Norridge, was charged with eight counts of violating the federal Food, Drug and Cosmetic Act, four counts of trafficking in counterfeit drugs or goods using a counterfeit mark, and three counts of smuggling in a 15-count indictment that was returned yesterday by a federal grand jury. He will be arraigned in U.S. District Court on a date yet to be determined. The indictment also seeks forfeiture of his business premises and residence.
The indictment was announced today by Gary S. Shapiro, United States Attorney for the Northern District of Illinois; John P. Stich, Acting Special Agent-in-Charge of the Food and Drug Administration’s Office of Criminal Investigations, and Pete Zegarac, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago.
According to the indictment, in April 2011 and May 2012, via the Internet, Markiewicz ordered counterfeit Viagra and Cialis from China. The customs declaration on the outer packaging stated that it contained a “gift pen,” and the drugs were hidden in unlabeled clear plastic baggies underneath the pen. The charges allege that Markiewicz smuggled counterfeit and misbranded pills purporting to be Viagra and Cialis, knowing that they were illegally imported, and then violated FDA laws by selling the counterfeit medications.
Trafficking counterfeit drugs carries a maximum penalty of 20 years in prison and a $2 million fine; each count of trafficking counterfeit goods using a counterfeit mark carries a maximum penalty of 10 years in prison and a $2 million fine; smuggling carries a maximum sentence of 20 years in prison and a $250,000 fine; and violating the Food, Drug and Cosmetic Act carries a maximum sentence of three years in prison and a $250,000 fine. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is being represented by Assistant U.S. Attorney Samuel B. Cole.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Indictment
St. Louis Man Convicted of Fraud ChargesRead the Press Release
St. Louis, MO - Jay Dunlap was convicted of defrauding his ex-partners and banks and other lenders in an equity-stripping scheme.
According to testimony presented at trial, Dunlap convinced a partner to put up more than $270,000 to acquire and rehabilitate a property in the City of St. Louis. Unbeknownst to the ex-partner, Dunlap titled the property in the name of an LLC controlled by two of his friends. Dunlap then directed his friends to borrow against the equity in the home and used the proceeds to pay his expenses and those of his friends.
JAY DUNLAP, St. Louis, was convicted of three felony counts of wire fraud, one felony count of bank fraud and one felony count of mail fraud after a four-day trial before United States District Judge E. Richard Webber. Sentencing has been set for July 19, 2013.
He now faces a maximum penalty of 20 years in prison and/or fines up to $250,000, per count. Restitution is also mandatory. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The case was investigated by the U.S. Postal Inspection Service and the Federal Housing Finance Agency-Office of Inspector General. Assistant United States Attorneys Tom Albus and Dianna Collins prosecuted the case for the U.S. Attorney's Office.
South Dakota Man Arrested and Charged with Distribution of Child PornographyRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Jesse Adams, 26, of Rapid City, South Dakota, was arrested and charged by Criminal Complaint with distribution of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years and a fine of $250,000.
Assistant U.S. Attorney Fauzia K. Mattingly, who is handling the case, stated that the investigation began when an undercover agent in Utah received emails and images depicting child pornography from Adams who is a student attending a local college. According to the complaint, in his chats, Adams described his communications with a nine year old girl, as well as his contact with another fifth grader on the playground.
A detention hearing has been scheduled for April 25 at 10:30 a.m., before Magistrate Judge Leslie G. Foschio.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The Complaint 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, Special Agent-In-Charge.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Socorro Man Sentenced to 63 Months in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Christopher Heath, 29, of Socorro, N.M., was sentenced yesterday afternoon to 63 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Heath’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Chief George Van Winkle of the Socorro Police Department.
Heath was arrested in July 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. The indictment alleged that Heath unlawfully possessed a firearm in Socorro County, N.M., on April 2, 2012. According to the indictment, at that time, Heath was prohibited from possessing firearms and ammunition because he previously had been convicted of possession of a controlled substance and aggravated assault upon a peace officer in the Seventh Judicial District Court for the State of New Mexico.
Court records reflect that Heath was arrested based on investigation conducted by officers of the Socorro Police Department when they executed a search warrant at his residence. They also reveal that in addition to the two convictions identified in the indictment, Heath also has additional felony convictions for possession of a controlled substance and for being a felon in possession of a firearm.
In Dec. 2012, Heath pled guilty to the indictment and admitted possessing a 12 gauge shotgun and ammunition on April 2, 2012 in Socorro County.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Socorro Police Department, with assistance from the District Attorney’s Office for the Seventh Judicial District of the State of New Mexico. It was prosecuted by Assistant U.S. Attorney Walsh.
Silver Spring Man Sentenced to 150 Months for Providing A Minor with Heroin and Then Filming Her Engage in Sexual ActivityRead the Press Release
ALEXANDRIA, Va. – Robert Chin, 66, of Silver Spring, Maryland, was sentenced today to 150months in prison and a $7,000 fine, followed by a five year term of supervised release, for distributing heroin and oxycodone to numerous young women, including one minor with whom he exchanged narcotics for sex acts.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; and Stephen M. Hudson, Chief of the Prince William County Police Department, made the announcement after sentencing by United States District Judge T.S. Ellis, III.
Chinpleaded guilty to enticement of a minor in violation of 18 U.S.C. 2422(b) and distribution of heroin in violation of 21 U.S.C. 841(a)(1) and 846 on January 4, 2013.
According to court documents, between 2008 and 2012, Chin distributed heroin and oxycodone to eight or more women, including a minor. In exchange for the narcotics, Chin either had these women engage in sex acts with him or in his presence. On one occasion in 2008, Chin rented a hotel room in Woodbridge, Virginia, and provided the minor with heroin. He then attempted to have sexual intercourse with her. On another occasion in June of 2012, Chin rented a hotel room in Woodbridge, Virginia, where he provided heroin and oxycodone to the same minor. After providing the minor with narcotics, Chin filmed her as she engaged in sexual activity with three adults.
This case was investigated by the FBI’s Washington Field Office and the Prince William County / Manassas City / Manassas Park Narcotics Task Force. Assistant United States Attorney Matt J. Gardner prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.usdoj.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on http://pacer.uspci.uscourts.gov.Shawnee Man Charged with Abuse of Four-Year-Old Child in Indian CountryRead the Press Release
Oklahoma City, Oklahoma – JUSTIN L. ELLIS, 26, from Shawnee, Oklahoma, has been indicted by a federal grand jury and charged with malicious injury of a four-year old child in on the federal lands held in trust for the Kickapoo Tribe of Oklahoma, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
According to the indictment, on November 10, 2012, Ellis, a tribal member of the Kickapoo Tribe, repeatedly burned a four-year-old child on the buttocks and legs with a lit cigarette on Kickapoo Tribal land in Pottawatomie County. If convicted, Ellis faces a mandatory minimum of ten years in prison and potentially a life sentence. In addition, Ellis faces an additional $250,000 fine and up to five years of supervised release upon his release from prison. The public is reminded that the indictment is merely an accusation and that the defendant is each presumed innocent unless and until proven guilty.
This case is the result of an investigation by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Robert Don. Gifford, II.
Seven Postal Employees Plead Guilty to Making False Statements to Obtain Unemployment BenefitsRead the Press Release
Defendants jeopardize integrity of program meant to assist hard working Americans
Albany, New York--RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, announces that seven United States Postal Service employees have plead guilty to making false statements to obtain unemployment benefits to which they were not entitled. These guilty pleas are part of an ongoing national sweep targeting fraud by Postal workers in claiming unemployment benefits. In each case, the defendants lied about their eligibility for benefits by either falsely claiming to be unemployed or under-reporting their income, and fraudulently obtaining benefits ranging from $5,396 to $26,218.
All seven Postal employees entered guilty pleas to one count informations charging them with making false statements to obtain unemployment benefits they were not entitled to in violation of Title 18, United States Code, Section 1919. At the guilty plea and sentencing each defendant was ordered to pay restitution in full for the fraud they committed. The defendants and the fraud amount in each case are as follows:
Erin Gagnon, 37 of Plattsburgh, New York, $26,218; Clarence Reed, 46 of Schenectady, New York, $11,255; Nicole Martin, 41 of Brooklyn, New York, $5,396; Donnel Richardson, 30 of Brooklyn, New York, $9,007; Kelly Williams, 36 of Nyack, New York, $16,605; Angela Blazejewski, 35 of Rocky Point, New York, $11,542; and
John Congiusti, 31 of Bronx, New York, $8,896.“We are always vigilant in enforcing the law, even when the case, sadly, involves public servants. The actions of these defendants undermine America’s trust in others serving the public and impede the system in benefitting those truly in need,” said United States Attorney Richard S. Hartunian. “Unemployment benefits are meant to provide crucial financial assistance to workers who become unemployed through no fault of their own. We will continue to work with our law enforcement partners to stop fraudulent schemes such as these which ultimately hurt the American taxpayers.”
“Today’s guilty pleas highlight the importance of this multi-agency investigation to identify fraud in benefit programs such as the U.S. Department of Labor’s Unemployment Insurance Program. We will continue to work with our law enforcement partners to investigate those who seek to obtain benefits to which they are not entitled,” stated Robert Panella, Special Agent-in-Charge of the New York Regional Office of the U.S. Department of Labor Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.
"These pleas come as a result of the excellent investigative collaboration between the U.S. Postal Service Office of Inspector General, the New York State Department of Labor- Office of Special Investigations and the Department of Labor Office of Inspector in General", said Rafael A. Medina, Special Agent in Charge of the USPSOIG's Northeast Area Field Office. "The Postal Service prides itself in its dedicated and professional employees, but the small percentage who stray away from those professional standards should know that law enforcement, at all levels, will always work closely to combat fraud against any federal or state program."
“Unemployment Insurance fraud - especially when it’s committed by government employees who should be serving taxpayers, not stealing from them – is something we at the Department of Labor have a zero tolerance policy on,” said State Labor Commissioner Peter M. Rivera. “Our Major Case Unit at the Labor Department continues to uncover these acts of deception on a daily basis and I am proud of the work we have done together with the U. S. Attorney for the Northern District of New York to bring these individuals to justice.”
This prosecution resulted from a joint investigation conducted by the U.S. Postal Service Office of Inspector General, New York State Department of Labor, Office of Special Investigations, and US Department of Labor OIG, Office of Labor Racketeering and Fraud Investigations.
This case was prosecuted by Assistant U.S. Attorney, Geoffrey J. L. Brown.
Sesser Man Indicted for Conveying False Allegations of A Terrorist Plot to Disrupt Election DayRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today that Ray Allen Flener, 24, of Sesser, was indicted by a federal grand jury on charges that he made a false statement to a federal officer and he conveyed a false threat.
The indictment alleges in count one that on November 2, 2012, Flener, a detainee at the Franklin County Jail in Benton, told a Special Agent of the Federal Bureau of Investigation (FBI) that he had knowledge of a plan by a group called “the New World Order” to disrupt Election Day on November 6, 2012, by using weapons and explosives. Specifically, Flener told and showed the FBI agent the area in which the weapons and explosives allegedly had been stored in August of 2012. Flener’s representations were false because, as Flener knew, he had no such knowledge of weapons and explosives having been stored at that location. The indictment alleges in count two that on November 1, 2012, Flener did intentionally convey false and misleading information, under circumstances where such information may reasonably have been believed. Specifically, Flener told law enforcement officers from the Franklin County Sheriff’s Office and the Federal Bureau of Investigation (FBI) that he had personal knowledge of a plan by a group called “the New World Order” to disrupt Election Day, November 6, 2012, by using weapons and explosives.
The first charge of making a false statement carries a maximum penalty of 8 years in prison, a $250,000 fine, and up to 3 years of supervised release. The second charge of conveying a false threat carries a maximum penalty of 5 years in prison, a $250,000 fine, and up to 3 years of supervised release.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge and is entitled to a fair trial at which the United States must prove guilt beyond a reasonable doubt.
The case was investigated by Federal Bureau of Investigation; Illinois State Police; Illinois Department of Corrections; Alcohol, Tobacco, Firearms and Explosives (ATF); the Sheriff’s Offices of Franklin County, Williamson County, Saline County and Jackson County; and the Police Departments of Marion, West Frankfort, Johnston City. The case is being prosecuted by Assistant U.S. Attorney Liam Coonan.
Sentences for April 12- 17, 2013Read the Press Release
Jamie Sanchez-Garcia, 30, of Mexico, was sentenced by Federal District Court Judge Scott W. Skavdahl on April 17, 2013, for illegal re-entry of a previously deported alien into the United States. Sanchez-Garcia was arrested in Yellowstone National Park, Wyoming. He received time served plus ten days, was ordered to pay a $100.00 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
William Gingrich, 36, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on April 16, 2013, for conspiracy to possess with intent to distribute, and to distributing 500 grams or more of methamphetamine. Gingrich was arrested in Casper, Wyoming. He received 144 months of imprisonment, to be followed by seven years of supervised release and was ordered to pay a $100.00 special assessment. This case was investigated by the Natrona County Sheriff’s Office, Casper and Mills Police Departments, the Wyoming Highway Patrol, the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration.
Christy Sensenich, 40, of Evansville, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on April 12, 2013, for conspiracy to possess with intent to distribute, and to distributing 500 grams or more of methamphetamine. Sensenich was arrested in Casper, Wyoming. She received 120 months of imprisonment, to be followed by five years of supervised release and was ordered to pay a $100.00 special assessment and a $500.00 fine. This case was investigated by the Natrona County Sheriff’s Office, Casper and Mills Police Departments, the Wyoming Highway Patrol, the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration.
San Leandro Woman Pleads Guilty to Filing False ClaimsRead the Press Release
OAKLAND, Calif. – Latasha Ringo, age 35, pleaded guilty yesterday for her role in a false tax refund scheme, United States Attorney Melinda Haag and IRS-CI Special Agent in Charge Jose M. Martinez, announced.
According to her plea agreement, Ringo conspired with others to file false tax returns seeking fraudulent refunds for 2010. As part of the scheme, Ringo sold false Form W-2s to other individuals so that they could file false tax returns seeking fraudulent refunds.
Ringo, of San Leandro, Calif., was charged in a one-count indictment with Conspiracy to File False Claims on November 15, 2012.
Ringo’s sentencing hearing is scheduled for August 28, 2013, before District Judge Phyllis J. Hamilton in Oakland. The maximum statutory penalty for each count of Conspiracy to File False Claims, in violation of Title 18, U.S.C § 286, is ten years in prison and a fine of $250,000. However, any sentence following conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant United States Attorney Michael G. Pitman is prosecuting this case. The prosecution is the result of an investigation by Internal Revenue Service, Criminal Investigation.
San Diego Man Who Stole Identities of Deceased Children Charged with Passport FraudRead the Press Release
United States Attorney Laura E. Duffy announced that Lloyd Irvin Taylor was arraigned in federal court today on an indictment charging him with three counts of making false statements on passport applications.
According to the indictment, Taylor made a host of false statements on each passport application, including: his true name, place of birth, date of birth, social security number, father's name, father's birthplace, father's birth date, mother's maiden name, mother's birthplace, mother's birth date, and applicant's signature. This false information was derived from over a half dozen identities that Taylor stole from other people. These stolen identities included children who died in the early 1950's.
During Taylor's bond hearing, Assistant U.S. Attorney Peter J. Mazza informed Magistrate Judge Barbara L. Major that Taylor had traveled extensively on the fraudulent passports at issue in the present case. Among other things, Mazza told the Magistrate Judge that Taylor maintained nearly two dozen bank accounts in the names of his various aliases. In addition, Mazza discussed how Taylor also maintained bank accounts in the names of purported religious entities with either himself or one of his aliases as the signatory on the church accounts. Finally, he added that the government had recently seized approximately $1.8 million in gold.
In ordering Taylor detained without bond, Magistrate Judge Major noted the numerous different stolen identities from deceased children, the number of bank accounts under various names, and the defendant's considerable assets. The Magistrate Judge concluded that Taylor was a flight risk.
United States Attorney Laura E. Duffy praised the work of investigators who diligently pieced together Taylor's criminal activities. "Our office remains committed to protecting the sensitive personal information of our citizens. As today's indictment makes clear, stolen identity information can be misused in a variety of ways, including to do things like obtain fraudulent passports, which is a matter of national security."
“Identity theft is a serious crime, whether committed electronically or by deliberately provided false information,” said Gregory Meyer, Special Agent in Charge of the United States Secret Service in San Diego. “Through the San Diego Regional Fraud Task Force, the Secret Service and its partners combine the resources of local, state and federal agencies with the private sector to combat a wide range of financial and identity crimes. The success of this investigation is an example of how well our partnerships work.”
“The success of this investigation and enforcement operation demonstrates that the Department of State and the Diplomatic Security Service are committed to protecting the integrity of U.S. passports and visas, the most sought after travel documents in the world,” said Gregory B. Starr, Director of the Diplomatic Security Service.
The defendant is due next in court on May 20, 2013, before Judge Michael M. Anello for a motion hearing.
DEFENDANT Criminal Case No. 13CR1390-MMA Lloyd Taylor SUMMARY OF CHARGESCounts 1-3: Title 18, United States Code, Section 1542 B Making a False Statement on a United States Passport Application. Maximum penalties (per count): 10 years custody; $250,000 fine; $100 Special Assessment; 3 year supervised release.
INVESTIGATING AGENCIESSan Diego Regional Fraud Task Force: - United States Secret Service
- San Diego Police Department
- San Diego District Attorney's Office
Internal Revenue Service
United States Department of State, Bureau of Diplomatic SecurityAn indictment or a complaint is not evidence that the defendant committed the crime charged. The defendant is presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.
Ryan Michael Burras Sentenced for Conspiracy to Commit Import Violations and for Violating Fda LawsRead the Press Release
RYAN MICHAEL BURRAS, age 23, a resident of Slidell, Louisiana, was sentenced in federal court today by U. S. District Judge Mary Ann Vial Lemmon after pleading guilty to conspiracy to commit import violations and to violating FDA laws by mislabelling and distributing synthetic marijuana, announced U. S. Attorney Dana J. Boente. BURRAS was sentenced to approximately 11 months imprisonment. In addition to the term of imprisonment, Judge Lemmon ordered that BURRAS be placed on 3 years of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release.
According to court documents, beginning in the first half of 2010 and continuing through at least July 2011, BURRAS conspired with co-defendants, Cody Beaudette, Christopher Buelle, and C Square, L.L.C., a Slidell-based company, to knowingly receive, buy, and sell synthetic marijuana imported into the United States contrary to law, specifically causing the introduction and delivery of a drug that is adulterated and misbranded under Federal law. BURRAS’s role in the offense was to design labels for C Square, L.L.C.’s brands of synthetic marijuana, and he also assisted in the distribution of C Square, L.L.C.’s synthetic marijuana brands. C Square, L.L.C.’s brands included “ZeRo GrAviTy”, “iAroma”, and “Primo,” among others.
Cody Beaudette, Christopher Buelle and C Square, L.L.C. are scheduled for trial on June 10, 2013.
The case was investigated by U. S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations and the U. S. Food and Drug Administration (FDA) - Office of Criminal Investigations with the assistance of the St. Tammany Parish Sheriff’s Office and the Slidell Police Department. The case was prosecuted by Special Assistant U. S. Attorney Robert Weir.
Rochester Woman Indicted for Defrauding Elderly Couple Out of $840,000Read the Press Release
MINNEAPOLIS—A federal indictment unsealed late yesterday charges a 61-year-old Rochester woman with defrauding an elderly couple out of more than $840,000. The indictment, which was filed on April 15, 2013, specifically charges Carolyn Jean Cassar with one count of wire fraud. The indictment was unsealed following Cassar’s initial appearance in federal court.
The indictment alleges that from May 2006 through September 2012, Cassar executed a scheme to obtain money through false and fraudulent pretenses. Cassar allegedly induced an elderly couple to provide her with money by falsely representing that she needed the funds to travel to Washington, D.C., to attend to the affairs of her recently deceased daughter. She also falsely represented that she needed money to travel to Italy to, among other things, prosecute a former business agent who had defrauded her. She told the couple she expected to receive money she inherited from her father, which the business agent had stolen, and she would then repay them the funds they loaned to her. To support her false representations, Cassar allegedly provided the victims with airline itineraries for her flights to Italy.Instead, the indictment alleges that Cassar used the victims’ money to (1) vacation in Europe with her son and others; (2) take design professionals to Italy to study its architecture in preparation for designing a home for her; and (3) pay an architect to draw plans for a villa-style house.
If convicted, Cassar faces a potential maximum penalty of 20 years in prison. All sentences will be determined by a federal district court judge. This case is the result of an investigation by the Federal Bureau of Investigation, and the Rochester Police Department. It is being prosecuted by Assistant United States Attorney Kimberly A. Svendsen.
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.Rochester Crack Cocaine Dealer and Brother SentencedRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that brothers Kenneth Thompson and Lee Thompson, both of Rochester, N.Y., were sentenced by U.S. District Judge Charles J. Siragusa on drug charges. Kenneth Thompson, 24, who was convicted of possession with intent to distribute cocaine base, was sentenced to five years in prison. Lee Thompson, 21, who was convicted of maintaining the N. Clinton Avenue premises for the purpose of distributing cocaine base, was sentenced to 46 months in prison.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Kenneth Thompson knowingly permitted his brother Lee Thompson to use his apartment on N. Clinton Avenue to store crack cocaine that Lee Thompson was selling. Both brothers were arrested on November 16, 2012 after Rochester police officers and the Monroe County Probation Department recovered 150 bags of crack cocaine packaged for street sale, paraphernalia for the weighing and packaging of street level quantities of crack cocaine, a .32 caliber pistol, and ammunition during a search of the apartment.
The sentencings are the result of a Project Exile investigation on the part of the Rochester Violent Crimes Task Force, composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney, the Rochester Police Department, under the direction of Chief James Sheppard, the United States Marshal’s Service under the direction of U.S. Marshal Charles A. Salina, the Monroe County Sheriff’s Office under the direction of Sheriff Patrick O’Flynn, and the Monroe County Probation Department.Reserve Deputy Sheriff of Imperial County Charged with Smuggling Illegal Aliens in TrunkRead the Press Release
El Centro – A reserve Imperial County Sheriff’s Deputy was charged today with smuggling illegal aliens in the trunk of her car as she drove through a checkpoint wearing her uniform and department-issued firearm.
Elizabeth Hernandez, a reserve Deputy Sheriff of Imperial County, and Edna Yanie Calderon, were arrested yesterday and charged with transportation of illegal aliens and aiding and abetting. Court records said Hernandez wore her uniform because she expected to be waived through the Highway 86 checkpoint by Border Patrol.
The complaint charges that on April 17, 2013, Calderon picked up three illegal aliens at a local fast food restaurant in Calexico, California. Border Patrol agents in the area became suspicious of the vehicle and began following at a distance.
The agents observed as Calderon drove the suspected illegal aliens to Hernandez’s home. Hernandez – a reserve deputy for three years - instructed the three aliens to hide in the trunk of her car, the complaint said. After the meeting at Hernandez’s home, Border Patrol had Hernandez and Calderon under surveillance.
After clearing the checkpoint, Hernandez drove to a nearby gas station, where she met with Calderon and transferred two of the three illegal aliens to Calderon’s car.
According to the complaint, as Hernandez began to leave the gas station, Border Patrol agents initiated lights and sirens and stopped her vehicle. Border Patrol agents also approached Calderon’s vehicle. The agents confirmed that the two individuals in Calderon’s vehicle and the other individual in the trunk of Hernandez’s vehicle were citizens and nationals of Mexico without immigration documents allowing them to remain, work, or reside in the United States legally. Hernandez and Calderon were then arrested.
The defendants were arraigned this afternoon before U.S. Magistrate Judge Peter C. Lewis. The government moved to detain both defendants based on risk of flight and danger to the community. A detention hearing was scheduled for Tuesday, April 23. A preliminary hearing was scheduled for May 2, 2013, at 1:30 p.m., before Judge Lewis.
DEFENDANTS Magistrate Case No. 13MJ8293 Elizabeth Hernandez
Edna Yanie Calderon SUMMARY OF CHARGESTitle 8, United States Code, Section 1324(a)(1)(A)(ii) B Transportation of Illegal Aliens
AGENCY
Maximum Penalties: 10 years of imprisonment and $250,000 fineUnited States Border Patrol-El Centro Sector
An indictment or complaint itself is not evidence that the defendants committed the crimes charged.
The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.Reading Man Indicted on Child Porn ChargesRead the Press Release
David James Csanyi, 46, of Reading, PA, was charged today by Indictment with the transportation and receipt of child pornography, announced United States Attorney Zane David Memeger.
If convicted the defendant faces a maximum possible sentence of thirty years incarceration and a mandatory minimum of five years.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Sherri A. Stephan.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525President of Frederick Mail Preparation Service Pleads Guilty to Fraud Resulting in Losses of over $628,500Read the Press Release
Majority of Victims Were Non-Profit Clients Who Relied on the Mailings to Raise Funds
Baltimore, Maryland – Chester William Bigelow, age 58, of Woodbine, Maryland, pleaded guilty today to conspiracy to commit mail and wire fraud relating to the failure to provide contracted-for services to clients of Bigelow’s company, RMS Direct, Inc., resulting in losses of over $628,500.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division.
According to his plea agreement, Bigelow was the president and owned 65% of the shares of RMS Direct, Inc., a mail preparation service located in Frederick, Maryland, with over 200 clients and revenues of over $5 million per year. Under the supervision of Bigelow and RMS vice president Stephen Reid, RMS entered into contracts to prepare and submit to the U.S. Postal Service (USPS), large-volume mailings, typically made up of pamphlets, brochures, books, and other printed materials.
RMS clients were primarily non-profit corporations that relied upon the mailings sent through RMS to raise funds, and the timing of the mailings was essential to their fundraising efforts. RMS assembled the mailings, applied the postage and addresses, and organized the pieces of mail for submission to the USPS. RMS submitted the mailings to a full-time USPS Acceptance Clerk that was assigned to its office. As proof that the mailings went out, RMS then emailed its clients either of two USPS documents – a postage statement signed and certified by the USPS Acceptance Clerk or a Mailing Transaction Receipt printed from an online USPS database. Both documents included information as to the dates, times, number of pieces of mail and postage paid. Once the RMS client received a statement, it would remit payment to RMS.
Bigelow admitted that the conspiracy began in 2005, when he and Reid, who owned 35% of the shares of RMS, falsified postage statements to misrepresent to RMS clients that mailings were being sent out in a timely fashion when, in fact, the mailings were late. Beginning in 2009, Bigelow and Reid selected certain mailings or portions of mailings that would not be submitted at all to USPS for delivery. Bigelow and Reid made sure that the documentation sent to the RMS client was falsified to indicate that the full mailing had been submitted, thereby causing the client to overpay RMS for postage and services.
To accomplish the fraud, Bigelow, Reid, and RMS employees operating at their direction, generated false postage statements, forged the signature of the USPS Acceptance Clerk and created a false impression of the special USPS date stamp used on the postage statement. Bigelow attempted to recreate the special USPS date stamp by hand, but was unsuccessful. Then, in 2006, RMS employees gained unauthorized access to the USPS Acceptance Clerk’s key to the filing cabinet where the date stamp was stored. Bigelow instructed an RMS employee to make a copy of the key, which Bigelow kept in his desk drawer. From that time until 2010, Bigelow, Reid, and RMS employees operating at their direction used Bigelow’s copy of the key to gain access to the date stamp when the USPS Acceptance Clerk was not present in order to falsify postage statements. Beginning in 2010, when the computer-generated Mailing Transaction Receipt was adopted by the USPS to certify mailings, Bigelow and Reid falsified those as well, using a document that had been created, which, when printed, looked identical to the USPS Mailing Transaction Receipt. Bigelow and Reid directed RMS employees to use this document to create false Mailing Transaction Receipts, which were sent to RMS clients as proof of the timely and complete submission of their mailings.
Bigelow and Reid took other measures to conceal the fraud and prolong the victimization of RMS clients. For example, RMS clients often included pieces of mail known as “seeds,” in the mailings they provided to RMS. These “seeds” were sent to particular individuals or addresses so that the client could track the timing and appearance of the mailing. Bigelow directed RMS employees to make sure to deliver the “seeds” from the mailings that were going out late or were not otherwise submitted to the USPS, in order to conceal the fraud.
Bigelow also requested refunds for mailings or portions of mailings that RMS failed to submit to USPS for delivery. If postage was paid for a mailing, but the mailing was not submitted for delivery, RMS, as a third-party mailer, could request a refund of 90% of the postage value. Bigelow requested these refunds for unsent pieces of mail and retained the funds as RMS revenue. The refunds requested were generally in amounts less than the $500 threshold that would have triggered additional scrutiny by USPS officials.
As a result of the scheme, at least 19 victims lost a total of $628,581.48.
As part of his plea agreement, Bigelow will be required to forfeit $628,581.48, representing postage payments made to RMS by its clients, but never paid to the USPS. In addition, Bigelow will be required to forfeit $13,500, which he withdrew from the RMS bank account and was used by his family members to purchase a car for their personal use.
Bigelow faces a maximum sentence of 20 years in prison and a fine of $250,000. U.S. District Judge Catherine C. Blake scheduled sentencing for July 30, 2013 at 9:00 a.m.
Stephen Reid, age 50, of Frederick, Maryland, previously pleaded guilty to the same charge and is scheduled to be sentenced on July 12, 2013 at 9:00 a.m.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Inspection Service for its work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney Sean C. Marlaire, who is prosecuting the case.
Police Officer Sentenced to Prison for Deprivation of Civil RightsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and J.D. Patterson, Director, Miami-Dade Police Department (MDPD), announced today the sentencing of Prabhainjana Dwivedi, a police officer with the Miami-Dade Police Department.
Today, U.S. District Judge Jose E. Martinez sentenced Dwivedi to 30 months’ imprisonment, followed by one year of supervised release, as a result of the jury’s verdict. Dwivedi was taken into custody when the verdict was returned.
U.S. Attorney Wifredo A. Ferrer stated, “Dwivedi betrayed the public trust by unlawfully stopping, searching and detaining people in Miami, thereby, depriving them of their civil rights. The U.S. Attorney’s Office is committed to making our communities safer by holding individuals accountable who do not respect the civil rights of others. This case is a reminder that no one is above the law.”
“We are pleased with the sentence for Dwivedi because his actions affected more than the individuals he stopped and/or detained without lawful authority. His actions also undermined the public’s trust in law enforcement,” said Assistant Special Agent in Charge William J. Maddalena, FBI Miami. “The FBI will continue to work with our partners to remove those law enforcement officers who cross the line to engage in criminal misconduct.”
“The officer’s actions have tarnished the badges of all sworn to uphold the law. We support this conviction and remain resolute in policing our own,” stated MDPD Director J.D. Patterson.
Dwivedi was convicted at trial of six counts of deprivation of civil rights. The evidence at trial revealed that between May 27, 2011 and June 26, 2011, Dwivedi, while acting as a police officer with the Miami-Dade Police Department, without lawful authority, stopped and/or detained numerous individuals, and deprived those individuals of their rights secured and protected by the Constitution and laws of the United States, specifically, the right to be free from unreasonable search and seizures by one acting under color of law, in violation of 18 U.S.C. § 242.
Evidence at trial showed that Dwivedi has been employed as an Officer with the Miami-Dade Police Department (MDPD) since February 28, 2005. During the time period between May and June 2011, Dwivedi was assigned to the midnight shift (10:00 p.m. to 6:00 a.m.) and was responsible for patrolling the areas of Key Biscayne, Metrorail and bus stations, and Jackson Memorial Hospital.
The evidence presented at trial further revealed that during the months of May and June 2011, the Miami-Dade Police Department Professional Compliance Bureau received four complaints regarding Dwivedi’s inappropriate behavior. As a result of these complaints, an investigation was conducted. The evidence showed that during one shift, Dwivedi was observed conducting twenty-six traffic stops; however, only three were listed on his daily activity sheet and none were called into the dispatcher. Trial testimony and documents demonstrated that Dwivedi had not run computer checks on any of the victims, had not issued any citations, nor listed his contact with the victims in any paperwork or radio transmissions. Furthermore, each victim testified at trial to events and interactions with Dwivedi that were similar in nature.
Mr. Ferrer commended the investigative efforts of the FBI and MDPD. This case was prosecuted by Assistant U.S. Attorney Karen Gilbert.
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.
Pierce County Man who Shot Two Intruders at his Marijuana Grow Indicted for Drug Manufacturing and Illegal Gun PossessionRead the Press Release
JEREMY PETER CAPODANNO, 36, was arrested late yesterday following his indictment last week for manufacturing marijuana, and two counts for discharging and possessing firearms in furtherance of a drug crime, announced U.S. Attorney Jenny A. Durkan. On December 6, 2012, CAPODANNO shot two people who had broken into the garage of his Puyallup residence – killing both of them. In the garage loft was a marijuana grow with nearly 200 plants. When police officers arrived, they found CAPODANNO in possession of a Glock 17, 9mm semiautomatic pistol, which is the gun that police allege CAPODANNO used to kill the two men. While searching CAPODANNO’S truck, police found other weapons including a Bushmaster XM-15 Rifle; an Intratec Tec-9 9mm pistol; a Benelli 12 gauge shotgun; and a Professional Ordinance MDL Carbon 15. CAPODANNO will make his initial appearance in U.S. District Court in Tacoma today at 2:30 PM.
“This defendant chose to enter the illegal drug business, and armed himself to protect his trade, not his home,” said U.S. Attorney Jenny A. Durkan. “His conduct brought thieves to his door, put his seven-year-old son at risk, and ended with him taking two lives.”
The indictment charges CAPODANNO with manufacturing marijuana because of the large grow operation found in the loft of his garage. He is charged with carrying the Glock and firing it in furtherance of the drug trafficking crime and is charged in the third count for possessing the four other weapons. The indictment also contains a forfeiture allegation, which means the government will seek to forfeit property that the Grand Jury has alleged was used in commission of the crimes or was purchased with marijuana proceeds. These properties include the defendant’s house in Puyallup, where the where the shooting occurred, as well as a second house in Kent, Washington, along with a 2008 Mercedes and a 2008 Toyota pickup truck. The government is also seeking to forfeit the guns used in the crime.
“As you can see, freedom without responsibility results in violence and bloodshed,” said DEA Special Agent in Charge Matthew G. Barnes. “I commend United States Attorney Jenny Durkan and our state and local partners for standing together against drug trafficking and gun related violence.”
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
Manufacturing marijuana is punishable by five to 40 years in prison. If convicted of all charges, the defendant faces a mandatory minimum 15 years in prison.
The case is being investigated by the Drug Enforcement Administration (DEA) and the Pierce County Sheriff’s Department. The case is being prosecuted by Assistant United States Attorneys Vince Lombardi and Matthew Thomas.
Philadelphia Man Charged with Possession of Child PornRead the Press Release
Daniel Sion, 26, of Philadelphia, PA, was charged today by indictment with possession of child pornography, announced United States Attorney Zane David Memeger. According to the indictment, Sion knowingly possessed a computer hard drive which contained one or more visual depictions of minors engaging in sexually explicit conduct.
If convicted the defendant faces a maximum possible sentence of ten years of imprisonment, up to a lifetime of supervised release, a $250,000 fine, and a $100 special assessment.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by U.S. Immigration and Customs Enforcement Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Roberta Benjamin.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Palm Beach County Man Pleads Guilty in Identity Theft Tax Refund Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Paula A. Reid, Special Agent in Charge, U.S. Secret Service (USSS), and José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announced that defendant Fednol Pierre, 34, of West Palm Beach, pled guilty before U.S. District Judge James I. Cohn to one count of theft of government money and one count of aggravated identity theft. The sentencing hearing is set for June 26, 2013 in front of Judge Cohn. At sentencing, Pierre faces a mandatory minimum statutory sentence of two years in prison and a maximum possible sentence of 12 years in prison.
According to documents filed in court, on September 29, 2009, Pierre added an individual to his bank account as a joint account holder -- without this individual’s knowledge or consent -- using this individual’s name, Social Security number, date of birth, and driver’s license number. The following day, Pierre deposited a $22,081 tax refund check from the U.S. Treasury in the name of this individual. In the weeks following this deposit, Pierre withdrew funds from the joint account. On December 3, 2009, Pierre closed the joint account and transferred the remaining funds into his account.
Mr. Ferrer thanked USSS and IRS-CI for their work on the case. The case is being prosecuted by Assistant U.S. Attorney Benjamin C. Coats.
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.
Owner of Texas Durable Medical Equipment Companies Sentenced to 41 MonthsRead the Press Release
Hugh Marion Willett, the owner of two Texas-based durable medical equipment companies, was sentenced today to 41 months in prison, followed by three years of supervised release, and ordered to pay $182,450 in restitution, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division.
Willett, 69, of Fort Worth, Texas, was found guilty in January by U.S. District Judge Jane J. Boyle in the Northern District of Texas on all seven counts of a June 2012 second superseding indictment: one count of conspiracy to commit health care fraud and six counts of health care fraud stemming from a durable medical equipment (DME) fraud scheme. His wife, Jean Willett, previously pleaded guilty to the same charges and was sentenced in September 2012 to 50 months in prison.
The evidence at trial showed that between 2006 and 2010, the Willets co-owned and operated JS&H Orthopedic Supply LLC and Texas Orthotic and Prosthetic Systems Inc., which claimed to provide orthotics and other DME to beneficiaries of Medicare and private insurance benefit programs including Aetna, Blue Cross Blue Shield and CIGNA.
Evidence presented in court proved that both of these companies intentionally submitted claims to Medicare and other insurers for products that were materially different from and more expensive than what was actually provided, and that Hugh Marion Willett was a knowing and willful participant in the fraud.
The case was investigated by the FBI and the Department of Homeland Security’s Office of Inspector General and brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section. The case was prosecuted by Fraud Section Trial Attorney Ben O’Neil.
Since their inception in March 2007, strike force operations in nine locations have charged more than 1,480 defendants who collectively have falsely billed the Medicare program for more than $4.8 billion. In addition, the Centers for Medicare and Medicaid Services, working in conjunction with the Office of Inspector General for the U.S. Department of Health and Human Services, are taking steps to increase accountability and decrease the presence of fraudulent providers.Nurse Pleaded Guilty in Murder-for-Hire PlotRead the Press Release
A Bristolville man pleaded guilty today to crimes for his role in a murder-for-hire plot, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Andrew Martin, age 23, pleaded guilty to use of an interstate commerce facility in the commission of murder-for-hire, conspiracy to commit wire fraud and obtaining individually identifiable health information.
“This defendant sought to have a woman killed over a home on Clifton Boulevard,” Dettelbach said. “The community is fortunate that law enforcement was vigilant and stopped this plot before it got too far.”
Martin is scheduled to be sentenced by U.S. District Judge Christoper Boyko on July 18.
Martin worked as a registered nurse at a local hospital. He and another person (identified as D.S., who worked in the business of residential property repair and rehabilitation) conspired to take ownership and control of the house at 17225 Clifton Boulevard in Lakewood, which was owned by a person identified as G.W. who was a patient at the hospital where Martin worked, according to court documents.
This would be done, in part, by Martin accessing G.W.’s medical records. He passed that information on to D.S., who fraudulently maintained he had a personal relationship with G.W., which caused the homeowner to transfer ownership of the Clifton property prior to the G.W.’s death, according to court records.
On Nov. 21, 2011, Martin and D.S. caused a fraudulent quitclaim deed to be filed with the Cuyahoga County Recorder, which transferred ownership to D.S. D.S. had fraudulently represented to others that he had a personal relationship with G.W. based on medical records accessed by Martin, according to court documents.
A woman identified as J.C. was the sister of G.W. and the administrator of his estate. On Nov. 21, 2011, Martin and D.S. met J.C. at the property, where they maintained D.S. was the rightful owner, according to court documents.
In February 2012, Martin prepared D.S. for a deposition relating to the transfer of the Clifton property by providing D.S. with personal information about G.W. that Martin learned from accessing his medical records at the hospital, according to court documents.
On November 5, 2012, Martin used a telephone in connection with his intention that J.C. be murdered in exchange for the promise of $10,000, according to court documents.
Martin solicited a patient at the hospital to kill J.C. because “she has been trying to mess up my life” and then followed up with telephone calls which related to the solicitation. Martin wanted the patient to “put four in her head and make it look like a robbery,” according to court documents.
This case is being prosecuted by Assistant United States Attorneys Henry F. DeBaggis and Kelly L. Galvin following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Maple Heights Police Department and Lakewood Police Department.
New Haven Man Found Guilty of Setting Fire That Killed Three Individuals, Including 8-year Old BoyRead the Press Release
New Haven – A federal jury in New Haven has found HECTOR NATAL, also known as “Boom” and “Boom Boom,” 27, of New Haven, guilty of committing the March 9, 2011 arson of a multi-family house located at 48-50 Wolcott Street in New Haven. The arson caused the deaths of three residents, 42-year-old Wanda Roberson, her 8-year-old son Quayshawn Roberson, and her 21-year-old niece Jaquetta Roberson. The jury also found Natal, together with his father, HECTOR MORALES, 51, of New Haven, guilty of participating in a narcotics distribution business, which led to the arson, and tampering with witnesses in an effort to obstruct the grand jury investigation of the arson. Morales further aided Natal by altering evidence in order to obstruct the investigation. The trial of Natal and Morales began on March 25, 2013 and, this afternoon, the jury returned a verdict of guilty on all counts of an 11-count indictment. The announcement of today’s verdict was made by 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, New Haven Police Chief Dean Esserman and New Haven Fire Chief Michael Grant.
“Today, a unanimous jury found that Hector Natal set fire to a home where families and children lived, three of whom tragically perished, and that he was guilty as charged,” stated U.S. Attorney Fein. “The jury also unanimously found that Natal’s father, Hector Morales, assisted his son’s narcotics trafficking and then helped his son try to cover-up this terrible crime. Today, our thoughts are with the victims and their families. Justice has been served, and we thank our law enforcement partners, particularly the FBI, Connecticut State Police, New Haven Police Department, and New Haven Fire Department, who have worked tirelessly during the investigation and prosecution of this matter.”
“Today’s guilty verdict will hopefully provide some level of comfort to the Fair Haven community and especially to those who lost loved ones as a result of the 2011 arson on Wolcott Street,” stated FBI Special Agent in Charge Mertz. “Dedicated investigators and prosecutors have worked together diligently since day one to ensure justice for the victims of that horrific crime.”
“The New Haven Police Department is gratified for the strong working relationship with the United States Attorney’s Office in bringing justice to all the victims in this case,” stated Chief Esserman.
“I couldn’t be more proud of our firefighters’ outstanding efforts in responding so bravely to this deadly arson and our law enforcement partners who brought this case to justice,” stated Chief Grant.
According to the evidence presented during trial, Natal was a New Haven drug dealer who sold cocaine, crack cocaine, pills and marijuana. Morales served as Natal’s driver, facilitating his sales of narcotics and collection of drug proceeds. Early on the morning of March 9, 2011, Natal set fire to the two-family house located on Wolcott Street in retaliation for a customer’s failure to pay a drug debt. After the fire was set, Morales drove Natal away from the scene in his blue van. Morales thereafter painted his van black in an effort to obstruct the investigation. Natal and Morales then schemed with other family members to testify falsely before the grand jury in order to prevent the grand jury from developing evidence regarding Natal’s and Morales’ complicity in the arson.
The evidence at trial also showed that, months before the fatal fire, Natal attempted to set a fire in the same Wolcott Street house.
Natal was found guilty of three counts of arson resulting in death. This charge carries a mandatory minimum term of seven years imprisonment and a maximum term of life imprisonment on each count. He also was found guilty of one count of attempted arson, which carries a mandatory minimum term of five years of imprisonment and a maximum term of 20 years.
Natal and Morales were both convicted of conspiring to distribute and to possess with intent to distribute narcotics, conspiring to tamper with witnesses and witness tampering. Each of these charges carries a maximum term of imprisonment of 20 years.
Additionally, Morales was found guilty on three counts of being an accessory after the fact to the arson, which carries a maximum term of imprisonment of 15 years, and one count of destruction and concealment of evidence, which carries a maximum term of imprisonment of 20 years.
A sentencing date has not been scheduled.Natal has been detained since his arrest on June 14, 2011, and Morales has been detained since his arrest on July 19, 2012.
This matter has been investigated by the Federal Bureau of Investigation, the New Haven Police Department, the Connecticut State Police Major Crimes Unit, Office of the State Fire Marshal, the New Haven Fire Department – Office of Fire Marshal, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Department of Housing and Urban Development’s Office of Inspector General. The case is being prosecuted by First Assistant United States Attorney Deirdre M. Daly and Assistant United States Attorney Michael J. Gustafson, with assistance and support from the New Haven State’s Attorney’s Office.
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(203) 821-3722 [email protected]Myles Fitzgerald Guidry Sentenced to 9 Years in Prison for Receiving Child PornographyRead the Press Release
MYLES FITZGERALD GUIDRY, age 48, of New Orleans, Louisiana, was sentenced today to 108 months in prison by the U.S. District Court Judge Nanette Jolivette Brown after previously pleading guilty to receiving images depicting the sexual victimization of children, announced U. S. Attorney Dana J. Boente. Additionally, Judge Brown ordered that, after GUIDRY’S release from prison he will be placed under supervised release for the rest of his life.
According to court documents, in September 2012, GUIDRY downloaded images and videos depicting the sexual exploitation of children (“child pornography”) by receiving the images from other individuals with whom he communicated via the Internet. Pursuant to a search warrant, special agents with the Federal Bureau of Investigation recovered one computer that was determined to contain images and videos of child pornography. GUIDRY used an internet-based, real-time video chat program to communicate with multiple individuals. During the course of a chat session conducted using the program, GUIDRY requested that the individual(s) with whom he was communicating send him images and videos depicting the sexual victimization of children. In total, GUIDRY received approximately 50 such images of children as young as four-years-old being victimized by adults and other children.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by special agents from the Federal Bureau of Investigation. The prosecution of this case was handled by Assistant United States Attorney Jordan Ginsberg.
Mtn. Home Man Admits Child Pornography OffenseRead the Press Release
Son Previously Convicted; Currently Serving 210 Month Sentence
BOISE – Michael John Ebenhoeh, 53, of Mountain Home, Idaho, pleaded guilty today in United States District Court in Boise to possession and access with intent to view sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Ebenhoeh was charged by information on March 7, 2013.
According to court documents, members of the Idaho Internet Crimes Against Children Task Force determined that between November 10, 2010, and July 18, 2011, multiple digital files known to contain child pornography involving very young children were being downloaded and offered for sharing from a residence in Mountain Home. On September 28, 2011, law enforcement executed a search warrant at the residence and seized several computers. At the time of the search, authorities arrested Michael Ebenhoeh’s son, Joseph. Joseph Earl Ebenhoeh, 27, subsequently pleaded guilty to two counts of possessing sexually explicit images of minors. He was sentenced in July 2012 to 210 months in federal prison.
On the day of the search, an investigator approached Michael and told him that a file containing child pornography had been found on his computer. At that time, Michael denied knowing how the child pornography files were on his computer.
Further investigation determined that separate Internet accounts in the home were associated with Ebenhoeh and his son, and that the computer belonging to Michael had not been used by his son. According to the plea agreement, investigators re-interviewed Michael, who then admitted he had lied to police during the earlier interview. He further admitted that four or five times a week over the previous year he had used the computer to search online for pornography depicting children. Forensic examination of Michael’s computer found sexually explicit images of children between two and fourteen years of age. Several children were identified as sexual abuse victims from Missouri, Nevada, Maryland and Washington State.
Ebenhoeh faces up to ten years in prison, a maximum fine of $250,000, and up to lifetime supervised release. Sentencing is set for July 22, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated Boise Police Department detectives who are members of the Idaho Internet Crimes Against Children Task Force (ICAC), assisted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Mountain Home Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, visit www.usdoj.gov/psc. For more information about internet safety education, visit www.usdoj.gov/psc and click on the tab “resources.” For more information about registered sex offenders in Idaho, visit www.isp.idaho.gov/sor_id/.
Mississippi Resident Charged with Threats Against the President and with other Threatening CommunicationsRead the Press Release
OXFORD, Miss. B Felicia C. Adams, United States Attorney for the Northern District of Mississippi, and Daniel McMullen, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in Mississippi, announce:
Paul Kevin Curtis,age 45, of Corinth, Mississippi,has been arrested on a criminal complaint charging him with (1) knowingly depositing for conveyance in the mail and for delivery from any post office any letter, paper, writing or document containing threats to take the life of or to inflict bodily harm upon the President of the United States, in violation of Title 18, United States Code, Section 871; and (2) knowingly depositing and causing to be delivered by the Postal Service according to the directions thereon, communications addressed to other persons, and containing a threat to injure the person of others, in violation of Title 18, United States Code, Section 876(c). If convicted on these charges, Curtis faces maximum possible penalties of 15 years imprisonment,$500,000 in fines and 3 years of supervised release.
Curtis is expected to appear in the United States District Court in Oxford, Mississippi, later today, Thursday, April 18, 2013, before U. S. Magistrate Judge S. Allan Alexander. The arrest is based on federal charges. A defendant is presumed innocent until proven guilty in court.
The arrest resulted from a cooperative investigation by the Federal Bureau of Investigation-Mississippi and Memphis Joint Terrorism Task Forces, the United States Secret Service, the U. S. Postal Inspection Service, the U. S. Capitol Police,the United States Attorney’s Offices for the Northern District of Mississippi and the Western District of Tennessee,and the Counterterrorism Section of the Justice Department’s National Security Division, assisted by the following state and local agencies: Mississippi National Guard 47th Civil Support, Mississippi Office of Homeland Security, Lee County Sheriff’s Office, Prentiss County Sheriff’s Office, Corinth Police Department, Tupelo Police Department and Booneville Police Department.
The public should be assured that the threat of danger has been averted. However, the public is reminded to be vigilant in alerting any suspicious letters or activity to the appropriate authorities.