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18 April 2013
Batavia Man Pleads Guilty to Transporting Individual in Interstate Commerce to Engage in Illegal Sexual ActivityRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Timothy Logsdon, 29, of Batavia, N.Y., pleaded guilty before U.S. District Judge Richard H. Arcara, to transporting an individual in interstate commerce for the purpose of engaging in illegal sexual activity. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that an investigation began in September 2012 when the parents of a 16 year old female reported her missing to the Genesee County Sheriff’s Department. During an interview with Special Agents from the FBI, the victim’s parents indicated that she might be with the defendant.
Pursuant to a court order, law enforcement officers traced Logsdon's cellular telephone to a specific vicinity. Later that same day, the defendant was discovered by the Kentucky State Police in Bowling Green, Kentucky, along with the victim. Logsdon admitted to officers that he was in the process of transporting the victim to the state of Tennessee where the two planned to live together and carry on a relationship. The defendant was placed under arrest and remains in custody.
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 arrest is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel and the Genese County Sheriff's Department, under the direction of Sheriff Gary Maha
Sentencing is scheduled for Aug. 5, 2013 at 1:00 p.m. before Judge Arcara.Alleged Pizza Shop Robber ChargedRead the Press Release
Stephen Easterling, 28, of Philadelphia, Pennsylvania was charged today by Indictment with robbing a Philadelphia pizza shop on February 1, 2013. Easterling is charged with one count of Hobbs Act Robbery, one count of using a firearm during a crime of violence, and one count of convicted felon in possession of firearm, announced United States Attorney Zane David Memeger. The defendant allegedly robbed the Little Caesars Pizza shop at 2501 Island Avenue in Philadelphia, PA.
If convicted, defendant faces a mandatory minimum of seven years in prison with a maximum possible sentence of life, consecutive to any other sentence, five years of supervised release, a $750,000 fine, restitution, and a $300 special assessment.
This case is part of Project Safe Neighborhoods, a federal initiative designed to identify and prosecute firearms offenders in federal court, where the defendant is likely to receive a substantial sentence upon conviction.
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Ewald Zittlau.
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, 215-861-8525
17 April 2013
Washington, DC Man Sentenced to 120 Months for Conspiracy and Aggravated Identity TheftRead the Press Release
ALEXANDRIA, Va. – Benjamin F. Weatherly, 31, of Washington, DC, was sentenced today to a total of 120 months in prison, followed by 2 years of supervised release, for conspiracy to commit bank fraud and aggravated identity theft. Weatherly was also ordered to forfeit and pay restitution in the amount of $110,495.57.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, Gary R. Barksdale, Postal Inspector in Charge of the U.S. Postal Inspection Service Washington Division, made the announcement after sentencing by United States District Judge Anthony J. Trenga.
According to court documents, Weatherly conspired with others to obtain and use, without lawful authority, credit cards and credit card convenience checks issued to other people. The conspirators obtained these credit cards and credit card convenience checks by stealing mail. Weatherly and his co-conspirators also used stolen personal identifying information to apply for and obtain additional credit cards. The conspirators deposited fraudulently executed stolen credit card convenience checks into bank accounts that they controlled. Further, they used the stolen and fraudulently obtained credit cards to make purchases in the Eastern District of Virginia and elsewhere. Weatherly and his conspirators also filed fraudulent tax returns, caused fraudulent tax refunds to be issued in the name of at least one individual whose mail they had stolen, and deposited the returns into a fraudulently opened bank account. On January 3, 2013, Weatherly pleaded guilty to two counts of an indictment charging him with conspiracy to commit bank fraud and aggravated identity theft.This case was investigated by the United States Postal Inspection Service. Special Assistant United States Attorney Kyle Maurer, Assistant United States Attorney Kosta S. Stojilkovic, and former Special Assistant United States Attorney Stacy L. Bogert 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.U.S. Sues Cook County and County Pension Fund to Enforce the Employment Rights of Army Reserve MemberRead the Press Release
CHICAGO – The United States today filed a civil lawsuit alleging that a Cook County pension fund and Cook County willfully violated federal law by failing to allow a U.S. Army Reserve member to lawfully contribute to her pension for the time she was serving in the armed forces, announced Gary S. Shapiro, United States Attorney for the Northern District of Illinois and the Justice Department.
The lawsuit was filed in U.S. District Court in Chicago on behalf of Army Reserve Capt. Latoya A. Hayward, of Chicago, against the Cook County and the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County. It alleges violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
According to the complaint, in 2008 Hayward began working for John H. Stroger, Jr. Hospital, which is owned and operated by Cook County. During her employment with Stroger Hospital, Hayward was mobilized for a two-year tour of duty with the Army Reserves starting on July 27, 2009. During Hayward’s period of active service, she was mobilized as a nurse case manager at Walter Reed Hospital as part of the Warrior Transition Brigade. Upon Hayward’s return from duty, the complaint alleges that the county pension fund notified her that not only was she ineligible to make payments into her pension for the 90-day grace period following her active military service, but also that her employee contributions for the two-year period of her active military service would be subject to a 3 percent interest fee. Among the protections provided by USERRA are pension-related benefits that treat service members who are called to active duty as if they have had no break in service for purpose of the administration of pension benefits. According to the complaint, both of the pension fund’s requirements for her participation in the plan violated USERRA’s pension protection provisions.
“Members of the Army Reserves sacrifice time away from their jobs to serve their country,” said Mr. Shapiro. “Federal law ensures that they are not discriminated against after they have returned and their employment rights are protected,” he said.
“When Congress enacted USERRA, it was to protect our men and women in uniform from experiencing this kind of alleged injustice,” said Jocelyn Samuels, Principal Deputy Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to vigorously enforcing federal laws that protect the employment rights of our service members.”
The case stems from a referral by the U.S. Department of Labor following an investigation by the department’s Veterans’ Employment and Training Service. The Civil Rights Division and Assistant U.S. Attorney Jeffrey M. Hansen, are representing the government and working with the Labor Department to protect the jobs and benefits of National Guard and Reserve service members upon their return to civilian life.
Additional information about USERRA can be found on the Justice Department website: servicemembers.gov and www.usdoj.gov/crt/emp, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
Complaint
Twenty Defendants Charged in Separate Schemes to Defraud Immigration by Posing as Cuban CitizensRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, Linda Swacina, District Director, U.S. Citizenship and Immigration Services (USCIS), Vernon Foret, Director Field Operations, U.S. Customs and Border Protection (CBP), Miami Field Office, and Wendy Bashnan, Special Agent in Charge, Miami Field Office, U.S. Department of State’s Diplomatic Security Service (DSS), announced the filing of federal charges against twenty defendants in twenty separate cases. The cases announced today highlight the federal commitment to crack down on immigration fraud and its perpetrators.
These indictments and informations are part of Operation Havana Gateway, a response to a rising trend of immigration fraud based upon false claims to Cuban birth and citizenship. Previous investigations and convictions stemming from Operation Havana Gateway have revealed that document vendors create and sell fraudulent and fictitious Cuban birth certificates for thousands of dollars to individuals in need of immigration benefits. Subsequently, those individuals submit fraudulent applications for immigration benefits based upon a fictitious claim of Cuban birth or citizenship supported by a phony Cuban birth certificate.
U.S. Attorney Wifredo A. Ferrer stated, “Fraud cannot be the foundation of one’s pursuit of the American dream. By committing immigration fraud, these defendants sought to cheat the immigration system and those who immigrate to this country lawfully. We will continue to pursue and punish those who unfairly and fraudulently cheat the immigration system.”
“These individuals came here seeking the freedom and benefits this country provides to Cuban nationals. The operation identified and addressed a vulnerability in the application process,” said Alysa Erichs, Special Agent in Charge of HSI in Miami. “These arrests by HSI should send a clear message that we will target anyone who tries to obtain immigration benefits fraudulently.”
“USCIS is committed to ensuring the integrity of our nation’s immigration system by ensuring that only fully qualified individuals receive benefits,” said Linda Swacina, District Director for Miami and the Caribbean. “We evaluate cases individually based on the law and the facts and will refer to USCIS’ Fraud Detection and National Security Directorate (FDNS) or other appropriate authorities any case suspected of fraud or unlawful conduct.”
“This integrated effort is an example of the successful partnership between federal agencies to detect and interrupt organizations that through fraudulent activity exploit the process to obtain immigration benefits,” said Vernon Foret, Director Field Operations Miami, Customs Border Protection.
“These charges send a strong message: Diplomatic Security and our law enforcement partners are committed to making sure those who commit document fraud face consequences for their criminal actions,” said Wendy Bashnan, Special Agent in Charge, Miami Field Office, DSS. “Diplomatic Security’s strong relationship with the U.S. Attorney’s Office and other law enforcement agencies continues to be essential in the pursuit of justice.”
The cases announced today include:
1. United States v. Miriam Licea, Case No. 13-20238-CR-Williams
Defendant Miriam Licea, 57, of Miami, was charged in a four-count indictment with assisting two people make fraudulent applications for immigration benefits based upon false claims of Cuban birth. This indictment is related to a prior case, United States v. Entrocassi, 12-20517-CR-SEITZ, indicted in 2012, in which a defendant proffered during a guilty plea that he had paid $15,000 for a fraudulent Cuban birth certificate. The indictment contains two counts of aiding and abetting two people to submit a fraudulent application for immigration benefits based upon a false claim of Cuban birth. The defendant was also charged with two counts of knowingly encouraging and inducing two aliens to reside in the United States illegally. This case is being prosecuted by Assistant U.S. Attorney Robert Watson.2. United States v. Luis Enrique Legon Mena, Case. No. 13-60066-CR-Zloch
Defendant Luis Enrique Legon Mena, 44, of Miramar, was charged in a five-count indictment with conspiring to encourage aliens to reside in the United States illegally, and four counts of knowingly encouraging and inducing four total aliens to reside in the United States illegally. This case is being prosecuted by Assistant U.S. Attorney Anita White.3. United States v. Marcos Erwin Hes Villacis, Case No. 13-20198-CR-Cooke
Defendant Marcos Erwin Hes Villacis, 50, of Miami, was charged in a two-count information with submitting a fraudulent application for legal permanent residence premised on the false claim that he was born in Cuba. This case is being prosecuted by Assistant U.S. Attorney Andy Camacho.4. United States v. Pablo Nunez, Case No. 13-20176-CR-Williams
Defendant Pablo Nunez, 42, of Miami Beach, was charged in a one-count indictment with submitting a fraudulent application for legal permanent residence based on the false claim that he is Cuban. This case is being prosecuted by Special Assistant United States Attorney Tim Cole.5. United States v. Ana Arias, Case No. 13-20003-CR-Lenard
Defendant Ana Arias, 31, of Naples, was charged in a two-count indictment with submitting a fraudulent application for legal permanent residence based on the fictitious claim that she is Cuban. This case is being prosecuted by Special Assistant U.S. Attorney Timothy Cole.6. United States v. Gerardo Mendez, Case No. 13-60065-CR-Dimitrouleas
Defendant Gerardo Mendez, 37, of Miami, was charged in a two count indictment with seeking to naturalize fraudulently based on the false premise that he was born in Cuba. The case is being prosecuted by Special Assistant U.S. Attorney Benjamin Rosen.7. United States v. Maryori Velazquez-Guevara, Case No. 60064-CR-Cohn
Defendant Maryori Velazquez-Guevara, 44, of Davie, was charged in a two-count indictment with seeking to naturalize fraudulently based on the false premise that she was born in Cuba. The case is being prosecuted by Special Assistant U.S. Attorney Benjamin Rosen.8. United States v. Jose Ramirez, Case No. 13-60063-CR-Scola
Defendant Jose Ramirez, 45, of Sunrise, was charged in a two-count indictment with submitting a fraudulent application for citizenship based on the false claim that he was born in Cuba. This case is being prosecuted by Special Assistant U.S. Attorney Benjamin Rosen.9. United States v. Eduardo Gomez, Case No. 13-20004-CR-Cooke
Defendant Eduardo Gomez, 37, of Miami Beach, was charged in a one-count indictment with submitting a fraudulent application for legal permanent residence based on the false claim that he is Cuban. The case is being prosecuted by Special Assistant U.S. Attorney Timothy Cole.10. United States v. Roberto Guzman, Case No. 13-20224-CR-Ungaro
Defendant Roberto Guzman, 46, of Miami, was charged in a one-count information with submitting a fraudulent application for citizenship based on the phony claim that he was born in Cuba. This case is being prosecuted by Assistant U.S. Attorney Andy Camacho.11. United States v. Carlos Zerpa Rodriguez, Case No. 13-20222-CR-Middlebrooks
Defendant Carlos Zerpa Rodriguez, 33, of North Miami, was charged in a two-count information with knowingly attempting to obtain citizenship unlawfully and submitting a fraudulent application for naturalization. The information alleges that the premise of the defendant’s fraudulent applications was the phony claim that he was born in Cuba. This case is being prosecuted by Assistant U.S. Attorney Andy Camacho.12. United States v. Ferdinando Enrique Bello, Case. No. 13-80075-CR-Rosenbaum
Defendant Ferdinando Enrique Bello, 52, of Jacksonville, was charged in a two-count indictment with submitting a fraudulent application for citizenship based on the phony claim that he was born in Cuba. This case is being prosecuted by Assistant U.S. Attorney Alexandra Hui.13. United States v. Santiago Ruben Gonzalez, Case No. 13-20193-CR-King
The defendant, Santiago Ruben Gonzalez, 45, of Jacksonville, was charged in a two-count indictment with attempting to become a lawful permanent resident based on the fraudulent claim that he is Cuban. This case is being prosecuted by Assistant U.S. Attorney Alexandra Hui.14. United States v. Yohel Golsztayn, Case. No. 13-20221-CR-Williams
Defendant Yohel Golsztayn, 29, of Hollywood, is charged in a one-count information with submitting a fraudulent application for legal permanent residence. The information alleges that the premise of his application was the false and fictitious claim that his mother was born in Cuba. This case is being prosecuted by Assistant U.S. Attorney Anita White.15. United States v. Paola Lourdes Bre, Case No. 13-20225-CR-Altonaga
Defendant Paola Lourdes Bre, 37, of Miami, was charged in a two-count information with submitting a fraudulent application for legal permanent residence based on the false and fictitious claim that she was born in Cuba. This case is being prosecuted by Assistant U.S. Attorney Andy Camacho.16. United States v. Sylvia Cruz Chicoma, Case No. 13-20223-CR-Zloch
Defendant Sylvia Cruz Chicoma, 56, of Miami, was charged in a two-count information with submitting a fraudulent application for legal permanent residence based on the false and fictitious claim that she was born in Cuba. This case is being prosecuted by Assistant U.S. Attorney Andy Camacho.17. United States v. Maura Rosario Roca Hurtado, Case No. 13-20195-CR-Martinez
Defendant Maura Rosario Roca Hurtado, 46, of Naples, was charged in a two-count indictment with submitting a fraudulent application for legal permanent residence. The indictment alleges that the basis of her application was the false and fictitious claim that her mother was born in Cuba. This case is being prosecuted by Special Assistant U.S. Attorney Timothy Cole.18. United States v. Alexandra Magdalena Canelon, Case No. 13-20196-CR-Rosenbaum
Defendant, Alexandra Magdalena Canelon, 31, of Doral, is charged in a four-count indictment with submitting fraudulent applications for legal permanent residence on two separate dates. The indictment alleges that, each time, she premised her application on the false claim that her mother was born in Cuba. This case is being prosecuted by Special Assistant U.S. Attorney Timothy Cole.19. United States v. Pablo Muro, Case No. 13-20237-CR-Moreno
Defendant Pablo Muro, 46, of Miami, was charged in a two-count information with submitting a fraudulent application for legal permanent residence premised on the false claim that he was born in Cuba. This case is being prosecuted by Assistant United States Attorney Robert Watson.20. United States v. Francisco Ramirez, Case No. 13-60081-CR-Scola
Defendant, Francisco Ramirez, 45, of Sunrise, was charged in a two-count indictment with submitting a fraudulent application for citizenship based on the false claim that he was born in Cuba. This case is being prosecuted by Special Assistant U.S. Attorney Benjamin Rosen.Defendants Gerardo Mendez, Maryori Velazquez-Guevara, Luis Enrique Legon Mena, Alexandra Magdalena Canelon, and Sylvia Cruz Chicoma are scheduled to make initial appearances in Fort Lauderdale before U.S. Magistrate Judge Barry S. Seltzer at 11:00 a.m. today. Defendants Marcos Erwin Hes Villacis, Pablo Nunez, Ana Arias, Jose Ramirez, Eduardo Gomez, Roberto Guzman, Miriam Licea, Carlos Eduardo Zerpa Rodriguez, Santiago Ruben Gonzalez, Yohel Golsztayn, Paola Lourdes Bre, Maura Rosario Roca Hurtado, Pablo Muro, and Francisco Ramirez are scheduled to make initial appearances in Miami today before U.S. Magistrate Judge Edwin G. Torres at 2:00 p.m.
An indictment or an information is only an accusation and a defendant is presumed innocent unless and until proven guilty.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Three Drug Traffickers Sentenced in Operation “No Quarter”Read 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 MANUEL RICARDO REYES-FLORES, 65, of Graham, North Carolina to 150 months of imprisonment followed by 5 years supervised release and a $5,000 fine, RICARDO SALVADOR FLORES-CARRASCO, 40, OF Mesa, Arizona, to 102 months of imprisonment followed by 5 years supervised release, and BOBBY KEMONI LATRAE WALLACE, 26, of Grifton, North Carolina, to 36 months of imprisonment followed by 3 years of supervised release. REYES-FLORES and FLORES-CARRASCO pled guilty to conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine on December 6, 2012 and WALLACE pled guilty to conspiracy to distribute and possess with the intent to distribute cocaine on December 10, 2012.
REYES-FLORES and FLORES-CARRASCO were arrested in Greenville, North Carolina, on April 1, 2012, after federal, state and local law enforcement agents seized over 5 kilograms of methamphetamine that they were transporting from Arizona. Additional investigation revealed that REYES-FLORES was also responsible for trafficking an additional 283 grams of methamphetamine, 181 kilograms of marijuana and 5 kilograms of cocaine in North Carolina.
WALLACE was arrested in Greenville, North Carolina, on April 15, 2010, after the Greenville Regional Drug Task Force made 5 controlled purchases of approximately 290 grams of cocaine from WALLACE in March and April 2010.
The Organized Crime Drug Enforcement Task Force (OCDETF) Operation "No Quarter" was designed to attack the infrastructure of the Mexican Drug Trafficking Organizations (DTO), including those of the Los Zetas, La Familia, Gulf and Sinaloa drug cartels, operating not only in the Eastern District of North Carolina, but throughout North Carolina, the United States and Mexico. These DTO's are responsible for the importation of large quantities of cocaine, marijuana, heroin, and methamphetamine into the United States, as well as the related remittance of illegal drug proceeds back into Mexico.
The investigation spanned ten years and five North Carolina counties. As part of the investigation, over 100 individuals have been charged by indictment or criminal information in the Eastern District of North Carolina and state courts. In addition, $1.5 million in U.S. Currency, 127 kilograms of cocaine with a street value of $3.8 million dollars, 41 pounds of crystal methamphetamine with a street value of $650,000, 160 pounds of marijuana with a street value of $170,000, 32 grams of heroin, 35 firearms and 35 real properties valued at $1.5 million were seized by law enforcement authorities.
Investigation of this case was conducted by the Drug Enforcement Administration (DEA) - Raleigh and Greensboro Resident Offices, the New York Field Division and numerous other DEA offices in the United States and Mexico; the Internal Revenue Service - Criminal Investigation Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) - Raleigh and Wilmington offices; the United States Marshals Service; the United States Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) - Raleigh and Tampa, Florida offices; the North Carolina State Bureau of Investigation; the North Carolina National Guard; the North Carolina State Highway Patrol; the Greenville Police Department; the Pitt County Sheriff's Office; the Pamlico County Sheriff's Office; the Lenoir County Sheriff's Office; the Craven County Sheriff's Office; the Carteret County Sheriff's Office; the Beaufort County Sheriff's Office; the New Bern Police Department, the Wayne County Sheriff's Office; the Person County Sheriff's Office; the Farmville Police Department; the Goldsboro Police Department; the Rocky Mount Police Department; the Burlington Police Department, the Alamance County Sheriff's Office, and the Wilson Police Department.
The federal prosecutions were handled by Special Assistant United States Attorneys Glenn Perry and Augustus Willis, IV. Mr. Perry is a prosecutor with the Pitt County District Attorney’s Office. Mr. Willis is a prosecutor with the Craven, Carteret and Pamlico Counties District Attorney’s Office. District Attorneys Kimberly Robb and Scott Thomas have assigned Mr. Perry and Mr. Willis to the United States Attorney’s Office to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters. Their assignments to the United States Attorney’s Office have been made possible by grants funded by the Governor’s Crime Commission.
Third Adams Produce Official Pleads Guilty in Federal CourtRead the Press Release
BIRMINGHAM – Former Adams Produce Chief Executive Officer SCOTT DAVID GRINSTEAD pleaded guilty today in federal court to fraud against the company, failure to report a felony against the government and failure to file federal income tax returns, announced U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Richard D. Schwein Jr. and IRS Criminal Investigation Division Special Agent in Charge Veronica Hyman-Pillot.
Grinstead, 45, of Birmingham, entered his plea before U.S. District Judge Karon O. Bowdre. His sentencing is scheduled Aug. 21.
Federal prosecutors charged Grinstead in January, and he entered a plea agreement with the government at that time. As part of that agreement, Grinstead must pay $450,000 in restitution to the bankruptcy estate of Adams Produce for the benefit of the company’s employees who were not fully paid because of Adams’ abrupt closing and its filing for bankruptcy last year.
Grinstead is the third Adams Produce official to plead guilty to federal charges in connection with fraud at the Birmingham-based company that had been a leading distributor of fresh fruits and vegetables across the Southeast for many years.
DAVID ANDREW KIRKLAND, 44, formerly of Birmingham and now living in Texas, pleaded guilty in March before U.S. District Judge Abdul Kallon to conspiracy to defraud the federal government of several hundred thousand dollars through a scheme to create false invoices and purchase orders. Kirkland is scheduled for sentencing June 27.
Kirkland, director of purchasing for Adams Produce, was charged in the same purchasing fraud scheme as CHRISTOPHER ALAN PFAHL, a purchasing program specialist for Adams. Kirkland was Pfahl’s supervisor. Pfahl, 41, of Birmingham, pleaded guilty in January to conspiracy to defraud the government of $481,000 on produce contracts.
Pfahl and Kirkland engaged in a scheme to create false records that reflected a higher purchasing cost for fruits and vegetables than the company actually paid. The inflated costs were then presented to the U.S. Government, which had agreed to pay a certain amount over Adams’ cost for produce.
The federal government, through the Defense Supply Center Philadelphia, was one of Adams’ customers. The supply center contracted with Adams Produce to provide fresh fruits and vegetables to military bases, public school systems, junior colleges and universities. Adams Produce entered into contracts with the government worth millions of dollars, according to court records.
Grinstead pleaded guilty to misprision of a felony for knowing of the fraud Pfahl and Kirkland were engaged in and allowing it to continue and end slowly, so as to avoid raising red flags with the government, rather than stopping it immediately and reporting it to authorities.
Grinstead also pleaded guilty to wire fraud for wiring hundreds of thousands of dollars from an Adams Produce account to American Express to pay for clothing, jewelry, personal travel for himself and his family, lawn care at his home, and items for a house on Lake Martin. He pleaded guilty to two counts of failure to file a federal tax return, one for 2009 and one for 2010. According to court records, Grinstead had a gross income of about $748,801 for the 2009 calendar year and willfully failed to file an income tax return with the Internal Revenue Service. In 2010 he received about $1,878,700 in gross income and willfully did not file a return with the IRS.
The FBI and the IRS investigated the cases, which are being prosecuted by Assistant U.S. Attorney George A. Martin Jr.
Stratford Man Pleads Guilty to Tax Evasion ChargeRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, announced that LENWORTH HAYNES, 55, of Stratford, waived his right to indictment and pleaded guilty today before United States District Judge Stefan R. Underhill in Bridgeport to one count of tax evasion.
According to court documents and statements made in court, HAYNES was employed as a cook at a nursing home in Trumbull and, since approximately 1996, operated his own tax preparation business. From 2006 to 2008, HAYNES evaded his personal federal income taxes by failing to declare income he earned from his tax preparation business. During those three years, HAYNES should have reported total taxable income of $255,071.38. Instead, he reported taxable income of negative $3,761, resulting in a loss to the government of $82,704.
Judge Underhill has scheduled sentencing for July 10, 2013, at which time HAYNES faces a maximum term of imprisonment of five years and a fine of up to $100,000. HAYNES also has agreed to pay back taxes, plus interest and penalties.
This matter was investigated by the Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Assistant United States Attorney Susan L. Wines.
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U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Stolen Funds Returned to TaxpayersRead the Press Release
Gulfport, Miss. -- The United States Attorney’s Office for the Southern District of Mississippi has returned over $1 million of forfeited money to the Federal Emergency Management Agency, announced U.S. Attorney Gregory K. Davis. The forfeited funds were seized from Roger Joe Ladner, 56, of Kiln, Mississippi, in conjunction with his prosecution for a bribery conspiracy and theft of government funds. These funds were forfeited to the United States because they were paid to Ladner as a result of his scheme to defraud Hancock County and FEMA.
Roger Joe Ladner was formerly employed with Hancock County, Mississippi, as the road superintendent. Following Hurricane Katrina, he was given authority by the board of supervisors to award contracts on a ditch cleaning project funded by FEMA. In exchange for awarding the contracts to certain contractors, including two of his brothers, Ladner unlawfully accepted money in the amount of approximately $1.2 million. Sharon Ladner admitted to falsifying documents in connection with a federal investigation by creating a false invoice in the name of her company, Sharon Construction, in an effort to conceal the bribery conspiracy from federal investigators.
Roger Joe Ladner was sentenced to 60 months in prison followed by three years of supervised release for conspiracy to commit bribery. He was also ordered to pay a $25,000 fine and restitution of $1,134,538 to FEMA. The Court entered a final order of forfeiture directing that the $1.2 million dollars seized be forfeited to the United States government.
Sharon Frances Ladner was sentenced to 24 months in prison followed by two years of supervised release for falsifying documents in connection with a federal investigation. She was also ordered to pay a $15,000 fine.
Billy Wayne Ladner was sentenced to 39 months in prison followed by two years of supervised release for theft of government funds. He was ordered to pay restitution of $590,058 to FEMA.
Donald Ray Ladner was sentenced to six months in prison followed by six months of home confinement with electronic monitoring, and two years of supervised release, for theft of government funds. He was ordered to pay restitution of $291,790 to FEMA.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation, and the Mississippi State Auditor’s Office. It was prosecuted by Assistant U.S. Attorney Ruth Morgan.If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
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Six North Texans Indicted in Mortgage Fraud ConspiracyRead the Press Release
Department of Justice
Office of Public AffairsSHERMAN, Texas – Six North Texans have been indicted and arrested in connection with a mortgage fraud conspiracy in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
A five-count indictment was returned by a federal grand jury on Apr. 12, 2013 charging the following individuals with conspiracy to commit mail and wire fraud:
Lawrence Michael Day, 63, of Fort Worth
Donna Shirley Cobb, 52, of Aledo, Texas
Bryan Jerome Scott, 42, of Spring, Texas
Michael Jerome Edwards, 40, of Flower Mound/Lewisville, Texas
Scott Cameron Sherman, 37, of Mansfield, Texas
Donald Lee Mattox, 40, of Mansfield, TexasThe indictment alleges that from Sep. 2005 through July 2008, the defendants conspired with each other to defraud lending institutions by obtaining mortgage loans using fraudulent information. According to the indictment, the defendants devised a scheme in which Day recruited buyers, such as Mattox, to submit fraudulent loan applications for home mortgages. To facilitate the scheme, Edwards and Scott, loan officers, falsified materials including employment and rental income on loan applications. Builders, such as Sherman and Mattox, permitted the actual purchase price of the homes to be overstated on the loan documents. Cobb, an escrow officer, prepared fraudulent documents reflecting false purchase prices and disbursements. The conspiracy extended to transactions on 28 Texas residential properties located in Fort Worth, Frisco, Fairview, Dallas, McKinney, Cedar Hill, Prosper, Cresson, Watauga, Euless, Hurst, Heath, Murphy, and Plano. Day, Edwards and Sherman are also charged with two counts of wire fraud and Day is charged with two counts of aggravated identity theft.
The defendants are scheduled to make initial appearances this afternoon before U.S. Magistrate Judge Amos Mazzant.
If convicted of the conspiracy charge, the defendants each face up to 30 years in federal prison. The wire fraud charges also carry a maximum penalty of 30 years in federal prison. The identity theft charges carry a penalty of two additional years in federal prison.
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.
This case is being investigated by the FBI and the FHFA-OIG and prosecuted by Assistant U.S. Attorney Chris Eason.
A grand jury indictment is not evidence of guilt and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Romanian National Sentenced for Obtaining A Visa by FraudRead the Press Release
BOISE – Romanian national Stefan Csaba Csep, 32, currently living in Ketchum, Idaho, was sentenced today for obtaining a visa by fraud, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill sentenced Csep to two years’ probation and imposed a $500 fine. Csep will be subject to immigration enforcement action by U.S. Immigration and Customs Enforcement (ICE). Csep pleaded guilty to the charge in January 2013.
According to the plea agreement, Csep entered into a fraudulent marriage with a United States Citizen in 2005, with the sole purpose of evading immigration laws and obtaining immigration benefits. According to court documents, Csep did not reside with the individual he married. Following the marriage, he filed paperwork with the Department of Homeland Security/Citizenship and Immigration Services (USCIS), seeking lawful permanent resident status based on his fraudulent marriage to a U.S. citizen. USCIS subsequently approved the application and Csep was granted a lawful permanent resident visa.
As a result of his conviction, Csep will be administratively removed to his native country of Romania, and will be prohibited from entering the United States in the future.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Rochester Man Pleads Guilty to Illegally Transporting and Selling Georgia Firearms to Rochester FelonsRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Paul Davis, 48, of Rochester pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to unlawfully engage in the business of firearms dealing without a license, including interstate transportation of firearms, sale of firearm to a convicted felon, and possession of a firearm by a convicted felon. The charges carries a maximum penalty of 25 years in prison, a fine of $750,000 or both. As part of the plea agreement, the defendant agreed to forfeit 10 firearms along with various rounds of ammunition seized at his business and residence in Rochester, N.Y.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that between August 2012 and February 6, 2013, Davis traveled to the Atlanta, Georgia area for the purpose of acquiring firearms for illegal re-sale on the black market in Rochester. In Georgia, Davis obtained multiple firearms and rounds of ammunition from Liddon Young. Davis then transported the firearms and ammunition by vehicle himself, or arranged their vehicular transportation by others, to Rochester. Once in Rochester, Davis re-sold the firearms and rounds of ammunition to individuals that the defendant knew or had reasonable cause to know, were felons and/or involved in drug trafficking. Davis was arrested February 6, 2013 after selling a Georgia pistol to a confidential informant. Multiple federal search warrants executed that night resulted in the seizure of 10 firearms and hundreds of rounds of ammunition at locations controlled by Davis.
Liddon Young was arrested and charged by criminal complaint with multiple gun charges in February 2013.
“Our office is committed to closing the pipeline that allows criminals to fill the streets of our community with illegal firearms,” said U.S. Attorney Hochul. “As in this case, we will continue to work closely with our partners at all levels of government to stem the flow of these guns which often times are used to inflict violence in our neighborhoods.”
The conviction is the culmination of an investigation on the part of on the part of Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives under the direction of Special Agent in Charge Joseph A. Anarumo, and the Rochester Police Department, under the direction of Chief James M. Sheppard.
Sentencing is scheduled for September 4, 2013 at 9:30 pm before Judge Geraci.
Rio Rancho Man Sentenced to Eight and A Half Years in Federal Prison for Violating the Federal Firearms LawsRead the Press Release
Convicted of Stealing Firearms from Rio Rancho Armory in July 2012ALBUQUERQUE – Christopher Rooks, 30, of Rio Rancho, N.M., was sentenced yesterday to 102 months in federal prison followed by three years of supervised release for violating the federal firearms laws. Rooks’ 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 (ATF), and Chief Robert Boone of the Rio Rancho Police Department.
Rooks was arrest on Aug. 9, 2012, on a criminal complaint charging him with being a felon in possession of a firearm after ATF agents and officers of the Rio Rancho Police Department executed a search warrant at his residence and seized six firearms. At the time, Rooks was prohibited from possessing firearms or ammunition because he previously had been convicted of two felony offenses in California.
Rooks subsequently was indicted and charged with possession of stolen firearms, possession of an unregistered firearm (a silencer), stealing firearms from a federal firearms licensee, and being a felon in possession of firearms.
On Dec. 28, 2012, Rooks pleaded guilty to Counts 2 and 3 of the indictment, charging him with possession of an unregistered firearm and stealing firearms from a federal firearms licensee. In entering his guilty plea, Rooks admitted possessing an unregistered silencer on Aug. 9, 2012. Rooks also admitted that on July 25, 2012, he stole five firearms from a federal firearms licensee doing business as the Rio Rancho Armory.
This case was investigated by the Albuquerque office of the ATF and the Rio Rancho Police Department and was prosecuted by Assistant U.S. Attorney David M. Walsh.
Ringleader Sentenced to Federal Prison for Stealing and Reselling U.S. Military GoodsRead the Press Release
In Waco this afternoon, 62-year-old Michael Bartch, Sr., was sentenced to two years in federal prison for a scheme to resell millions of dollars worth of U.S. military property stolen from Fort Hood and other U.S. military installations announced United States Attorney Robert Pitman and Internal Revenue Service – Criminal Investigation Special Agent in Charge Steve McCollough.
In addition to the prison term, United States District Judge Walter S. Smith ordered that Bartch pay a $2,000 fine and be placed under supervised release for a period of two years after completing his prison term.
On March 29, 2012 Bartch pleaded guilty to one count of illegally exporting defense articles, one count of receiving stolen Government property and one count of money laundering. By pleading guilty, Bartch admitted that beginning in 2007, he knowingly violated U.S. export laws by selling stolen U.S. military equipment. Bartch admitted selling night vision equipment, optics for weaponry, body armor, helmets, military clothing and other items. As a result of the scheme, authorities believe that Bartch and others dealt with in excess of $7 million worth of stolen U.S. military property.
Seven other individuals, all convicted on federal charges resulting from this investigation, have previously been sentenced to terms ranging from six months incarceration to 120 months in federal prison. Charges included receipt of stolen government property, money laundering, illegal export of defense articles, conspiracy, theft of government property and felon in possession of a firearm.
IRS Special Agent in Charge Steve McCollough commented that, “Government employees, both active duty military personnel and their civilian counterparts, like Bartch and his criminal associates, have a sworn duty to protect the assets of the government and to ensure that the governments valuable resources are not stolen. The potentially sensitive military property stolen by these individuals could be used against the US by its enemies. IRS Criminal Investigation plays a crucial role with its law enforcement partners in bringing these individuals to justice.”
This continuing investigation is being conducted by the Central Texas Counter Proliferation Task Force made up of the Internal Revenue Service-Criminal Investigation, Defense Criminal Investigative Service, U.S. Naval Criminal Investigative Service, Homeland Security Investigations, U.S. Army Criminal Investigative Division, Department of Commerce, Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Gregg N. Sofer prosecuted this case on behalf of the Government.Ranking Member of Mexican Mafia, Who Supplied Methamphetamine from Lubbock to San Angelo, Is Sentenced to 30 Years in Federal PrisonRead the Press Release
SAN ANGELO, — Eric Cortez Flores, 32, a ranking member of the Mexican Mafia, was sentenced today by U.S. District Judge Sam R. Cummings to 360 months in federal prison, following his guilty plea in November 2012 to one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. Flores was the Mexican Mafia’s methamphetamine supplier from Lubbock to San Angelo, Texas.
According to documents filed in the case, in February 2011, agents with U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), received information that a known narcotics trafficker would be traveling to San Angelo from Del Rio, Texas. The investigation revealed that this individual went to Eric Cortez Flores’ residence on Montague in San Angelo. In addition, on several occasions, law enforcement officers encountered individuals with methamphetamine who were connected with Flores and learned that Flores’s mother’s residence on Oaklawn in San Angelo reportedly served as a stash house for Flores’s methamphetamine.
On February 22, 2012, law enforcement executed a search warrant at Flores’s residence. That search yielded: a plastic bag containing suspected methamphetamine residue, which was located next to the toilet; methamphetamine residue next to the toilet; approximately $96,000 in cash; a semi-automatic pistol; approximately 25 wrappings similar to those typically used to package large amounts of methamphetamine; and a suspected drug ledger.
Flores admitted that he had flushed an ounce or less of methamphetamine down the toilet before law enforcement arrived. He also stated that he had approximately $70,000 in his house that was drug sales proceeds from the past 18 months and that he’d distributed approximately one pound of methamphetamine every two weeks during that time period. He stated that his methamphetamine was from Mexico, but he refused to provide his supplier’s name. Flores also stated that the wrappings found in his backyard and bedroom contained one pound of methamphetamine each and he admitted that he knew the firearm was in his house.
The investigation was conducted by ICE HSI, the FBI, the Texas Department of Public Safety, the Tom Green County Sheriff’s Office, and the San Angelo Police Department. Assistant U.S. Attorney Jeffrey R. Haag prosecuted.
Queens Man Sentenced to 72 Months Imprisonment for Mail Fraud Conspiracy and Aggravated Identity TheftRead the Press Release
Earlier today, at the United States District Court for the Eastern District of New York in Central Islip, New York, Grigoriy Dekhkanov, a Queens resident, was sentenced to 72 months in prison for his role in a mail fraud conspiracy and aggravated identity theft.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; Michael E. Seremetis, United States Secret Service (“USSS”), Long Island Resident Office, Resident Agent in Charge; and Edward J. Ryan, Special Agent in Charge, Social Security Administration, Office of the Inspector General (“SSA-OIG”).
According to court filings and the government’s factual recitation at the guilty plea and sentencing proceedings, between May 1, 2011 and July 20, 2011, when the scheme was broken up by law enforcement, defendant Grigoriy Dekhkanov, together with co-conspirators Rohit Gulati, Monish Patel, and others, stole personal identity information (names, addresses, dates of birth, social security numbers, and credit information) for 26,000 individuals from a medical billing company operated by Patel’s father, located in New Hyde Park, New York. Approximately 200 of these identities were used to apply for credit cards. “Runners” employed by the conspirators then used the credit cards to buy high-end electronic equipment and devices, mobile telephones, gift cards, and gold, which items were resold for cash. On July 21, 2011, when USSS and SSA-OIG agents executed a search warrant at a Sands Point rental home used by the organization, agents found envelopes containing fraudulently obtained credit cards and fake driver’s licenses in the names of identity theft victims, as well as gift cards and receipts showing that the organization had taken in $28,000 over the four days preceding the search. Agents also recovered a mobile phone containing the identity data for all 26,000 victims.
In April 2012, Dekhkanov pled guilty in federal district court in Central Islip to mail fraud conspiracy and aggravated identity theft. United States District Judge Joseph F. Bianco imposed sentence earlier today.
In November 2011 and April 2012, respectively, Dekhkanov’s principal co-conspirators, Monish Patel and Rohit Gulati, each pled guilty to mail fraud conspiracy and aggravated identity theft. Gulati was sentenced on March 8, 2013, to three years’ imprisonment. Patel is awaiting sentence.
“This identity theft scheme was stopped in its tracks only a few months after it began, by the quick action of dedicated law enforcement agents. Because the agents promptly discovered and put a stop to the fraud, only 200 out of the 26,000 stolen identities were compromised. Nevertheless, the amount of the loss – $749,000 – from the use of the 200 of the stolen identities is staggering.” stated United States Attorney Lynch. “This case exemplifies how law enforcement works to protect consumers in the digital age.” Ms. Lynch thanked the United States Secret Service and the Social Security Administration, Office of the Inspector General for their work on the case.
USSS Resident Agent in Charge Seremetis stated, “The U.S. Secret Service recognizes the consequences to those affected by identity theft and is committed to combating this criminality with the assistance of agency partnerships at every level.”
SSA-OIG Special Agent in Charge Ryan stated, “This office is pleased to have brought this case to a successful conclusion, and grateful to the U.S. Secret Service and the U.S. Attorney for their perseverance. The integrity of the Social Security Number (SSN) is among our highest priorities, and as this case demonstrates, the SSN is often a key tool in the commission of large-scale financial institution fraud. SSN misuse can have devastating consequences for the true SSN holder, and has a significant impact on corporate America. Concerted efforts such as we have seen in this case send a strong message that SSN misuse will not be tolerated and that drastic consequences await those who commit such crimes.”
The government’s case was prosecuted by Assistant United States Attorney Allen L. Bode.
The Defendant:
Name: GRIGORIY DEKHKANOV
Age: 26Powhatan Woman Pleads Guilty to Conspiring to Structure $10,000,000 Obtained from Illicit Cigarette SalesRead the Press Release
RICHMOND, Va. –Loveleen Khare, 56, of Powhatan, Va., pleaded guilty today to conspiring to structure more than $10,000,000 in cash transactions for the purpose of preventing banking institutions from reporting those transactions to the Internal Revenue Service (IRS).
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; John P. Torres, Special Agent in Charge for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Washington, D.C.; and Thomas J. Kelly, Special Agent in Charge of the Internal Revenue Service Criminal Investigation’s Washington, D.C., Field Office, made the announcement after the plea was accepted by United States District Judge Henry E. Hudson.
Khare was charged by criminal information filed on March 28, 2013, and faces a maximum penalty of five years in prison when she is sentenced on July 19, 2013.
According to a statement of facts filed with the plea agreement, Khare, along with her co-conspirator Jayant J. Khare, owned and operated two cigarette retail stores known as Cigarettes America Plus and Cigarettes America at Westchester. Khare admitted that from October 2011 to December 2012, she and Jayant Khare conspired to structure over $10,000,000 in U.S. currency by splitting up cash deposits into accounts maintained at six banks, all in an effort to prevent the banks from filing Currency Transaction Reports with the IRS, which must be filed on cash deposits of $10,000 or greater. The structured cash was obtained by selling large quantities of cigarettes to out-of-state individuals who were known to be transporting the cigarettes to locations outside of the Commonwealth of Virginia for resale. The sales took place at Khare’s personal residence and from the back door of the retail stores.
This case was investigated by HSI, the Internal Revenue Service - Criminal Investigation, and the Tobacco Enforcement Unit of the Office of the Attorney General of Virginia. Assistant United States Attorneys Dominick S. Gerace and Laura Colombell Marshall are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Pinson Man Convicted for Mailing Fictitious Financial InstrumentRead the Press Release
FLORENCE – A federal jury late Tuesday convicted a Pinson man and member of an anti-government Sovereign Citizens group for mailing a fictitious financial instrument to pay off his home mortgage, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.
The jury convicted DONALD JOE BARBER, 64, of mailing a fictitious “bonded promissory note” to his mortgage servicing company on March 10, 2008, in a fraudulent effort to satisfy his mortgage. Barber presented the fraudulent $10 million note as if it were a valid financial instrument drawn on a secret U.S. government account. U.S. District Judge Inge P. Johnson scheduled Barber’s sentencing for July 31.
“Self-appointed ‘sovereign citizens’ preach an extremist, anti-government ideology to their followers and teach a myth about American history that is untrue,” Vance said. “They often use this mythical ideology to justify crime. Sovereign citizens may disavow the authority of the U.S. government, but it exists and my office will use it to prosecute those who break the law,” she said.
“The guilty verdict handed down in this case should serve as a deterrent to others who claim to be “sovereign citizens” and attempt to use a redemption scheme to fail to pay just debts,” Schwein said. “All citizens should be wary of individuals or groups that claim they can inform you on secret bank accounts, and should report that activity to the FBI,” he said.
The FBI describes members of the sovereign citizen movement in the U.S. as U.S. citizens who openly reject their citizenship status and claim to exist beyond the realm of government authority. Affiliates may use their self-appointed status to justify threats, violence or crime, including theft and fraud.
The maximum sentence for this crime is 25 years in prison and a $250,000 fine.
The FBI investigated the case, which is being prosecuted by Assistant U.S. Attorneys Ryan K. Buchanan and Michael W. Whisonant Sr.
Pine Ridge Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man convicted of Abusive Sexual Contact was sentenced on April 15, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jason One Feather, age 39, was sentenced to 120 months’ imprisonment and 10 years of supervised release and ordered to pay $200 to the Victim Assistance Fund.
In October 2011, One Feather engaged in sexual contact with a girl under the age of 12. He pled guilty on December 11, 2012.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Pella Woman Sentenced to 48 Months for FraudRead the Press Release
DES MOINES, IA - Beverly Joan DeRonde, age 61, was sentenced to a term of imprisonment of 48 months for mail fraud. The Honorable James E. Gritzner, Chief United States District Court Judge, also sentenced DeRonde to pay restitution to her victims in the amount of $680,376.93, a $100 special assessment to the crime victims fund, and also ordered her to serve a three year period of supervised release after imprisonment.
DeRonde, from Pella, Iowa, operated a Ponzi scheme between 2003 and 2010, involving over 70 individuals. DeRonde would solicit loans from her victims, claiming she needed to borrow the money to buy her husband a birthday or anniversary present, or to help him start his boat repair business. DeRonde promised huge amounts of interest to entice her victims to lend her the money. DeRonde used the money from new victims to pay off the older loans. She wrote numerous letters to her victims, asking them to keep the loans a secret and giving various excuses as to why she was unable to repay them on the date previously promised.
This case was investigated by the U.S. Postal Inspection Service, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Owner of Brotherly Love Ambulance Pleads Guilty to $2 Million Health Care Fraud SchemeRead the Press Release
PHILADELPHIA - Feda Kuran, 37, of Philadelphia, PA, pleaded guilty today to a health care fraud scheme that involved billing Medicare for ambulance services that were not medically necessary, that were not actually provided, or that were induced by illegal kickbacks. During this health care fraud scheme, the defendant also gave and received illegal kickbacks. As a result, the Medicare program paid more than $2,015,712 for the fraudulent bills. Kuran pleaded guilty to one count of Health Care Fraud and one count of violating the Anti-Kickback Statute. U.S. District Court Judge William H. Yohn, Jr. scheduled a sentencing hearing for July 24, 2013. Kuran faces a maximum possible sentence of 15 years in prison, three years of supervised release, a $250,000 fine, a $200 special assessment, and restitution to Medicare. In addition, the defendant has agreed to forfeiture and a money judgment against her for more than $2 million.
As documents filed in connection with the plea revealed, in July 2010, the defendant began operating Brotherly Love Ambulance, Inc. with a co-schemer. Kuran, or others acting at her direction, transported patients by ambulance when those patients could have been transported safely by other means and were, therefore, not eligible for ambulance service under Medicare and Medicaid requirements. Not only were those patients able to be safely transported by means other than ambulance, but also many of the patients were observed walking to and from ambulances. The defendant and others billed Medicare for ambulance services for patients who were transported by Brotherly Love employees in personal vehicles or who drove themselves or took public transportation to their destinations. In addition, the defendant and other employees paid kickbacks to some patients to induce them to allow Brotherly Love Ambulance, Inc. to transport them. Brotherly Love paid other patients so that the ambulance company could use those patients’ information to bill for transportation that Brotherly Love Ambulance never actually provided. The defendant also agreed that she received kickbacks from other ambulance companies to refer patients to the other ambulance companies.
The case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General, the Federal Bureau of Investigation, and the U.S. Department of Labor Office of the Inspector General. It is being prosecuted by Assistant United States Attorneys Matthew J.D. Hogan and Paul W. Kaufman.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Owner of Auto Repair Shop Servicing Government Vehicles Admits Bribing Government OfficialRead the Press Release
NEWARK, N.J. – The owner of Autotron Systems Inc., an auto repair shop that provided auto repair services to numerous government agencies, admitted today that he paid bribes to a federal agent in exchange for the agent’s assistance in referring government business to Autotron and expediting and inflating payments, U.S. Attorney Paul J. Fishman announced.
Taras Maczaj, 66, of New York, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an Information charging him with one count of bribing a federal agent then employed as a supervisory special agent with the U.S. Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) in New York.
According to documents filed in this case and statements made in court:
Maczaj was the president and chief executive officer of Autotron, which provided, among other things, vehicle repairs and upgrades to government-owned vehicles, including vehicles owned by DHS and ICE.
From as early as May 2007 to February 2011, Maczaj purchased multiple gift cards to be used as bribe payments. During that time, he gave more than $10,000 in gifts cards to the agent, including at locations in New Jersey.Maczaj admitted he provided the gift cards to the agent in exchange for the agent’s referral of all government-owned vehicles under the agent’s control that needed repairs, maintenance or other work; expediting the payment of Autotron’s invoices; and approving invoices that contained fraudulent or inflated charges for services Autotron purportedly performed on the vehicles.
The count to which Maczaj pleaded guilty carries a maximum potential penalty of 15 years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 4, 2013.
U.S. Attorney Fishman credited special agents of DHS, Office of Professional Responsibility, under the direction of Special Agent in Charge, Northeast, Terence Opiola; the DHS, Office of Inspector General, Northeast, under the direction of Gregory K. Null; special agents of the U.S. Department of Justice Office of the Inspector General, under the direction of Acting Special Agent in Charge Michael P. Tompkins; and ICE, Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Barbara R. Llanes of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
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Maczaj Information
New Hamsphire Man Sentenced on Distribution of HeroinRead the Press Release
CONCORD, N.H. – Willy Valentin, 27, of Manchester, was sentenced in United States District Court for the District of New Hampshire to 37 months in prison after pleading guilty to two counts of distribution of heroin, announced United States Attorney John P. Kacavas.
In the summer of 2011, the Manchester Police Department conducted an investigation into the sale of heroin in the Manchester area. In August and September of 2011, a confidential informant purchased 1.13 grams of heroin from the defendant. The defendant was arrested and admitted that he had been selling heroin beginning in June of 2011. The defendant engaged in the heroin distribution while he was on supervised release from a previous federal conviction for conspiracy to distribute cocaine and distribution of more than five grams of cocaine.
The case was prosecuted by Assistant United States Attorney Debra M. Walsh.
Mohammed Sameer Ahmed Pleads Guilty to Selling Counterfeit Nfl JerseysRead the Press Release
MOHAMMED SAMEER AHMED, age 36, a resident of Kenner, pleaded guilty today before U.S. District Judge Kurt D. Engelhardt to a one-count bill of information for trafficking in counterfeit goods, announced U.S. Attorney Dana Boente.
According to court documents, AHMED was caught trying to sell 58 counterfeit NFL jerseys in his French Quarter store from June 2010 to October 2010. The counterfeit jerseys had false markings and holograms on them that were likely to lead customers to believe that they were authentic New Orleans Saints jerseys.
AHMED faces a maximum term of imprisonment of 10 years, a fine of $2,000,000, and 3 years of supervised release following any term of imprisonment. Sentencing is scheduled for July 17, 2013.
The case was investigated by the U.S. Department of Homeland Security. The case is being prosecuted by Assistant U. S. Attorney Spiro G. Latsis.
(Download Factual Basis )
Mexican National Indicted for Illegal Re EntryRead the Press Release
Defendant Deported Three Times Previously
ATLANTA - Rogelio Lopez-Velasquez has been indicted by a federal grand jury for the offense of illegal re-entry after deportation and being found in the United States without admission or parole.
“Our officers work diligently with prosecutors from the U.S. Attorney’s Office for the Northern District of Georgia to hold accountable aliens who show such flagrant disregard for our nation’s immigration laws,” said Felicia S. Skinner, field office director of U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) field office in Atlanta. “Aliens who consider illegally re-entering the United States after removal should know we are serious about prosecuting them for this felony offense. Their very illegal presence in the United States provides all of the evidence we need.” Skinner oversees ERO operations in Georgia and the Carolinas.
According to United States Attorney Yates, the charge and other information presented in court: ICE agents encountered Lopez-Velasquez, 29, of Oaxaca, Mexico, on January 15, 2013, in Gwinnett County, Ga. After a background check, agents determined that Lopez-Velasquez, who initially gave a false name of “Rogelio Santiago-Lopez,” had been deported from the United States on three prior occasions between September 2007, and November 2011. His most recent deportation resulted from a June 14, 2011, conviction for illegal entry in the District of Arizona, Tucson Division.
The indictment alleges one count of illegal re-entry after deportation. The charge carries a maximum sentence of two years in prison, a fine of up to $250,000, and a period of supervised release of up to one year. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
This case is being investigated by Deportation Officers of the Department of Homeland Security, Immigration and Customs Enforcement’s - Enforcement and Removal Operations.
Special Assistant United States Attorney Njeri B. Maldonado is prosecuting the case.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
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.
Melody Huie Sentenced for Tax Evasion and Wire Fraud After Embezzling $1.37 Million from EmployerRead the Press Release
MELODY HUIE, age 56, of Mandeville, Louisiana, was sentenced today by U. S. District Judge Kurt D. Engelhardt to 18 months in prison, after previously pleading guilty to wire fraud and tax evasion, announced United States Attorney Dana J. Boente. HUIE was also ordered to pay full restitution, plus $446,983.00 to the IRS. HUIE, further, was sentenced to 3 years of supervised release after she is released from jail, the first six months of which are to be spent on home confinement.
According to court documents, HUIE was employed by a transportation company in New Orleans, Louisiana where she served as a General Manager for Accounting. In that capacity, HUIE was responsible for overseeing the company’s finances and accounts. HUIE was one of three individuals at the company who was authorized to conduct wire transfers from the company’s bank accounts. Wire transfers from the company’s Chase bank account had to be authorized by two of the three employees with such authorization. As part of its security protocol, after one of the three authorized individuals initiated a transfer, Chase called one of the other employees to verify the legitimacy of the transfer.
When HUIE wanted to steal money from her employer, she would make a phone call to Chase’s customer service department and direct them to transfer money to a separate bank account under her control. When initiating a wire transfer by phone (whether legitimate or not), HUIE had to identify herself, specify the account from which she wished to draw the money and provide a password created by Chase. When Chase called to verify one of HUIE’S transfers, HUIE answered the other phone and fraudulently identified herself as the second individual authorized to conduct wire transfers. HUIE knew where this individual stored his/her password and security information, which HUIE provided to the Chase representative to verify the unauthorized wire transfer. To disguise her actions further, HUIE added fictitious reference notes such as “Fund Redemption,” “401K Distribution,” or “Consulting Fee” to the transfer or used variations of the nameholder on the account to which she sent the money to make the transfers appear legitimate.
HUIE stole money in this manner at least 114 times between November 2006 and September 2011, totaling $1,370,814.09.
HUIE then failed to report as taxable income the money she stole on her tax returns. As a result, she failed to pay income tax between tax years 2006 and 2011 in the amount of approximately $446,983.00.
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigations Division. It was prosecuted by Assistant United States Attorney Jordan Ginsberg.
Massachusetts Man Sentenced on Conspiracy to Distribute Controlled SubstancesRead the Press Release
CONCORD, N.H. – Jimmy F. Ambrosi, 32, of Lowell, Massachusetts, was sentenced in United States District Court for the District of New Hampshire to 57 months in prison for conspiracy to distribute controlled substances and five counts of distribution of cocaine base (crack) and cocaine, announced United States Attorney John P. Kacavas.
The Hampton Police Department and the New Hampshire Drug Task Force conducted an investigation of the sale of illegal drugs in the Hampton Beach area, targeting a cocaine trafficking and distribution network in which Jimmy F. Ambrosi was identified as a main target. From June 2011 through March 2012, a confidential informant made 3 purchases of crack cocaine from Ambrosi’s co-defendant, Andrew Wojtowicz. The confidential informant introduced an undercover police officer to Wojtowicz who introduced the undercover police officer to Ambrosi. Twenty-four additional purchases of illegal controlled substances, including cocaine, crack cocaine, marijuana and oxycodone were made from Ambrosi, Wojtowicz and their associates. Ambrosi sold the undercover police officer illegal controlled substances on 5 occasions in New Hampshire and once in Massachusetts.
The case was prosecuted by Assistant United States Attorney Debra M. Walsh.
Maryland Man Found Guilty of Assaulting A Man in Christmas Eve Attack Near Metro Station - Charges Include the Wearing of A Mask While Committing A Crime -Read the Press Release
WASHINGTON - Michael Anthony Hartley, 21, of Temple Hills, Md., was found guilty by a jury today of charges stemming from an attack on Christmas Eve 2012 against a man near a Metro station in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Hartley was found guilty following a trial in the Superior Court of the District of Columbia of charges of assault with intent to commit robbery while armed; assault with significant bodily injuries; malicious destruction of property, and wearing a hood or mask concealing his identity while committing these offenses. The Honorable Michael Ryan scheduled sentencing for June 18, 2013.
According to the government’s evidence, on Dec. 24, 2012, at about 3:30 p.m., the victim was leaving the Rhode Island Avenue Metro station and was on his way home. He was putting his iPhone in his pants pockets when he encountered Hartley, a stranger. Both men exchanged a perfunctory greeting of "hey" as they walked past each other.
Seconds later, the victim noticed that Hartley was walking shoulder-to-shoulder with him. However, Hartley now was wearing a hoodie over his head and a mask covering his mouth. Hartley demanded the victim’s iPhone. He told the victim that he had a gun, put his hand in his jacket-pocket, and made a gesture as if pointing the weapon. The victim tried to get away, but Hartley caught him. At this point, Hartley shoved the victim while loudly demanding the iPhone. A bystander happened to walk by and called the police.
Before police could get to the scene, Hartley punched the victim in the face at least twice with a closed fist, causing significant injuries, including facial lacerations. Hartley also broke the victim’s eyeglasses. During the entire attack, Hartley was wearing a hoodie over his head and a mask covering part of his face to conceal his identity. The police arrived while Hartley was still on the scene, and the victim pointed him out as the person who tried to rob him.
In announcing the verdict, U.S. Attorney Machen commended the work of the Metropolitan Police Department (MPD). He also acknowledged the efforts of those worked on the matter for the U.S. Attorney’s Office, including Paralegal Specialist Tameka Garcia and Litigation Technology Specialist Thomas Royal. Finally, U.S. Attorney Machen commended the work of Assistant U.S. Attorney John C. Truong, who investigated and prosecuted the case.
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Manhattan U.S. Attorney Announces Supervisory AppointmentsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today the appointments of Neil Corwin as Executive Assistant United States Attorney, Bonnie B. Jonas as Deputy Chief of the Criminal Division, Sarah Normand as Deputy Chief of the Civil Division, and Benjamin H. Torrance as Chief Appellate Attorney of the Civil Division.
Mr. Corwin joined the Office in 1995. Prior to being named Executive Assistant United States Attorney, he served as Deputy Chief of the Office’s Civil Division for the last decade. Mr. Corwin also served as Chief of the Civil Rights Unit from 2000 to 2003, and as an AUSA in the Civil Division from 1995 to 2000. Prior to joining the Office, Mr. Corwin worked for the New York City Law Department’s Affirmative Litigation Division. After law school, he clerked for the Honorable W. Arthur Garrity, Jr. of the U.S. District Court for the District of Massachusetts, and worked as an associate at Hogan & Hartson LLP in Washington, D.C. Mr. Corwin is a 1981 graduate of Amherst College and a 1985 graduate of the New York University School of Law.
Ms. Jonas joined the Office in 1997. Prior to being named Deputy Chief of the Office’s Criminal Division, she served as Senior Litigation Counsel since 2009 and as the Office’s Financial Fraud Coordinator for President Obama’s Financial Fraud Enforcement Task Force since 2010. During her tenure, Ms. Jonas has also served as the Chief of the General Crimes Unit, and as a member of the Securities and Commodities Fraud Task Force. Following law school, Ms. Jonas clerked for the Honorable Reena Raggi of the U.S. District Court in the Eastern District of New York and worked as an associate at Paul, Weiss, Rifkind, Wharton & Garrison in New York. She is a 1991 graduate of the Wharton School at the University of Pennsylvania, and a 1995 graduate of the Columbia University School of Law.
Ms. Normand joined the Office in 1999. Prior to being named Deputy Chief of the Office’s Civil Division, she served as the Division’s Chief Appellate Attorney since 2009, and Deputy Chief Appellate Attorney from 2004 to 2009. Prior to joining the Office, Ms. Normand clerked for the Honorable Sonia Sotomayor on the U.S. Court of Appeals for the Second Circuit, and worked as an associate in the environmental group at Dewey Ballantine. After law school, she also clerked for the Honorable Frank E. Schwelb on the D.C. Court of Appeals. Ms. Normand is a 1991 graduate of Georgetown University and a 1995 graduate of the Georgetown University Law Center.
Mr. Torrance joined the Office in 2002. Prior to being named Chief Appellate Attorney of the Civil Division, he served as the Deputy Chief Appellate Attorney from 2009 to 2013 and the Acting Deputy Chief Appellate Attorney in 2008. Prior to joining the Office, Mr. Torrance clerked for the Honorable Jed S. Rakoff of the U.S. District Court in the Southern District of New York from 2000 to 2001, and for the Honorable Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. He is a 1995 graduate of Harvard College and a 2000 graduate of Columbia Law School.
In making these appointments, Mr. Bharara stated: “These four talented and dedicated public servants have already made valuable contributions to this Office and to the residents of the Southern District, and I have no doubt they will continue to do so in their new positions.”
Man Sentenced for Making Threatening CommunicationsRead the Press Release
A man who made hundreds of harassing and threatening phone calls, emails, and other communications to Allamakee County, Iowa, judges, law enforcement officers, court employees, and others, was sentenced in federal court in Cedar Rapids on Tuesday, April 16, 2013.
Kenneth Haag, age 27, from Lansing, Iowa, was sentenced to serve 33 months in federal prison after having pleaded guilty on January 25, 2013, to one count of threatening, via an interstate telephone call, to injure another person.
Haag was sentenced in federal court in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Haag was also ordered to serve a three-year term of supervised release following completion of his term of imprisonment. While on supervised release, Haag will be prohibited from consuming alcohol or entering bars, taverns, or other establishments whose primary source of income is derived from the sale of alcohol. Haag will also be required to participate in mental health counseling or treatment; complete a program of substance abuse testing and treatment; and not have any direct or indirect contact with the victims of his criminal conduct.
In sentencing Haag, Judge Reade noted the threats he made were “particularly frightening” and not simply a “nuisance.” The court noted Haag sent hundreds of communications, and the communications were “very goal-directed” in that Haag was seeking redress for what he perceived to be prior wrongful criminal convictions. Evidence presented at the hearing showed many of the communications made by Haag were directed to judges, law enforcement officers, or to the victim involved in a 2004 Allamakee County criminal case against Haag that resulted in Haag pleading guilty to the crimes of criminal trespass and assault on a peace officer.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, and the Allamakee County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-1001.
Lisbon Man Sentenced to over Five Years in Prison for Unlawfully Possessing over Thirty Firearms and Three Pipe BombsRead the Press Release
A man who unlawfully possessed over thirty firearms and three pipe bombs while using methamphetamine was sentenced on April 16, 2013, to more than five years in federal prison.
Mark Snyder, 53, from Lisbon, Iowa, received the prison term after a January 4, 2013, guilty plea to one count of possessing firearms while unlawfully using methamphetamine.
At the guilty plea, Snyder admitted that, on about May 2, 2011, he possessed thirty-three firearms, over 150 rounds of ammunition, and three pipe bombs. Snyder also admitted that he was an unlawful user of methamphetamine at the time he possessed these items.
Snyder was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Snyder was sentenced to 71 months’ imprisonment and fined $10,000. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.Snyder is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Cedar County Sheriff’s Office, the Iowa Division of Narcotics Enforcement, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-97.
Lafayette Man Pleads Guilty to Receiving Child PornographyRead the Press Release
LAFAYETTE, La. – U.S. Attorney Stephanie A. Finley announced today that Mark Anthony Slade, 55, of Lafayette, pleaded guilty Tuesday before U. S. District Judge Elizabeth E. Foote to knowingly receiving child pornography on his computer.
According to court documents, local and federal law enforcement authorities using computer surveillance software detected the defendant downloading child pornography. He used the internet file sharing program Limewire to download the files. After obtaining a warrant, authorities searched his residence Oct. 29, 2010, and seized the defendant’s computer. Slade was found to have downloaded 10 movies of child pornography. Some of the pornography depicted prepubescent children.
Slade faces up to 20 years in prison, a $250,000 fine, and five years of supervised release. Sentencing has been set for Sept. 13, 2013. The Lafayette Police Department and the Department of Homeland Security conducted the investigation. Assistant U.S. Attorneys John Luke Walker and Daniel J. McCoy are prosecuting the case.This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Attorney’s Office and the U.S. Department of Homeland Security/Homeland Security Investigations/Immigration & Customs Enforcement (ICE) encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) DHS-2ICE. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online at www.ice.gov/exec/forms/hsi-tips/tips.asp.
Justice Department Settles with Apple Tree Children’s Center in Norwalk, IowaRead the Press Release
The Justice Department announced today that it reached a settlement with Apple Tree Children’s Center of Norwalk, Iowa, to remedy alleged violations of the Americans with Disabilities Act (ADA). The agreement resolves allegations that Apple Tree Children’s Center failed to ensure that children with disabilities, including children with Down syndrome, have a full and equal opportunity to participate in and benefit from its private pre-school programs.
Under the settlement agreement, Apple Tree Children’s Center will pay $2,500 to the child’s parents and will make reasonable modifications in policies, practices and procedures to ensure that its programs and services are accessible to children with disabilities. Apple Tree will also provide training on its obligations under Title III of the ADA to all staff who participate in the admissions process, enrollment decisions and consideration of requests for reasonable modifications of any of its policies, practices or procedures. In addition, Apple Tree will designate a staff member as its ADA compliance officer to ensure its compliance with Title III of the ADA and to review proposed decisions to exclude children with disabilities from enrollment or proposed denials of any requested reasonable modifications.
“Children with disabilities, including those with Down syndrome, have the right to full and equal participation in pre-school educational programs. The department is committed to upholding civil rights for all people with disabilities,” said Eve Hill, Senior Counselor to the Assistant Attorney General for the Civil Rights Division.
The ADA requires that public accommodations, including pre-school programs, provide children with disabilities, including those with Down syndrome, full and equal enjoyment of the public accommodation’s goods, services and facilities.
The Department of Justice provides a webpage specifically dedicated to information about the ADA at www.ada.gov. Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TTY), or access its ADA website at www.ada.gov. ADA complaints may be filed by email to [email protected].
Justice Department Settles Lawsuit Against Owners and Managers of Rental Homes in Mississippi for Discriminating Against Families with ChildrenRead the Press Release
The Justice Department announced today that Marcus Manly Magee III, Ina Magee, and their company, M.M. and S. Inc., have agreed to pay $27,000 to settle a lawsuit involving violations of the Fair Housing Act. The lawsuit alleged that the defendants established and implemented an occupancy policy at 23 rental properties in Magee, Miss., that differentiated between the maximum number of adults and children who could reside in each home.
Under the consent order, which was approved today by the U.S. District Court for the Southern District of Mississippi, the defendants must pay $20,000 to a family that was harmed by defendants’ discriminatory practices and $7,000 to the United States as a civil penalty. In addition, the order prohibits the defendants from discriminating against families with children in the future, mandates a non-discriminatory occupancy policy of two persons per bedroom, and requires the defendants to receive training on the Fair Housing Act.
“The Fair Housing Act ensures that families cannot be denied housing based on policies that discriminate against children,” said Eric Halperin, Special Counsel for Fair Lending in the Civil Rights Division. “The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of families with children.”
“This settlement ensures that prospective families seeking housing will be treated fairly under the law,” said Gregory K. Davis, U.S. Attorney for the Southern District of Mississippi. “We will continue to work with the Civil Rights Division to protect the rights of Mississippi citizens through enforcement of the Fair Housing Act.”
The lawsuit, filed in November 2011, arose as a result of a complaint filed with the U.S. Department of Housing and Urban Development (HUD). After HUD investigated the complaint, it issued a charge of discrimination and the matter was referred to the Justice Department. The lawsuit alleged that the defendants violated the Fair Housing Act by refusing to rent a three-bedroom home to a woman with four children because she had “too many children” under the defendants’ occupancy policy. The suit also alleged that by setting a lower maximum number of children than adults who could reside in each home, the defendants engaged in a pattern or practice of discrimination or denied rights protected by the Fair Housing Act to a group of persons.
“Housing providers have an obligation to ensure that their occupancy standards do not violate a family’s housing rights,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “HUD and the Department of Justice are committed to taking action against anyone who unlawfully denies housing to families because of the number of children in their family.”
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact HUD at 1-800-669-9777.
Related Materials:
Magee Consent Order
Justice Department Files Lawsuit in Illinois Against County Employees’ and Officers’ Annuity and Benefit Fund of Cook County and Cook County to Enforce the Employment Rights of Army Reserve MemberRead the Press Release
The Justice Department announced today the filing of a complaint alleging that the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County and Cook County willfully violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by failing to allow U.S. Army Reserve Member Latoya Hayward to lawfully contribute to her pension for the time she was serving in the armed forces.
According to the complaint, filed in the U.S. District Court for the Northern District of Illinois, in 2008 Hayward began working for John H. Stroger Jr. Hospital, which is owned and operated by Cook County. During her employment with Stroger Hospital, Hayward was mobilized for a two year tour of duty with the Army Reserves starting on July 27, 2009. During Hayward’s period of active service, she served as a nurse case manager at Walter Reed Hospital as part of the Warrior Transition Brigade. As alleged in the complaint, upon Hayward’s return from duty, the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County notified her not only that she was ineligible to make payments into her pension for the 90-day grace period following her active military service, but also that her employee contributions for the two-year period of her active military service would be subject to a 3 percent interest fee. Among the protections provided by USERRA are pension-related provisions that treat a servicemember who is called to active duty as if she has had no break in service for purpose of the administration of pension benefits. According to Hayward’s complaint, both of the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County’s requirements for her participation in her employer’s pension plan violated USERRA’s pension protection provisions.
“Congress enacted USERRA to protect our men and women in uniform from experiencing this kind of injustice,” said Jocelyn Samuels, Principal Deputy Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to vigorously enforcing federal laws that protect the employment rights of our service members.”
“Members of the Army Reserves sacrifice time away from their jobs to serve their country,” said Gary S. Shapiro, U.S. Attorney for the Northern District of Illinois. “USERRA ensures that they are not discriminated against after they have returned and that their employment rights are protected.”
The case stems from a referral by the U.S. Department of Labor following an investigation by the Department of Labor’s Veterans’ Employment and Training Service. This case is being handled by the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Illinois, who work collaboratively with the Department of Labor to protect the jobs and benefits of National Guard and Reserve service members upon their return to civilian life.
Additional information about USERRA can be found on the Justice Department website: www.servicemembers.gov and www.usdoj.gov/crt/emp , as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm .
Johnstown Man Produced Sexually Explicit Images of ChildrenRead the Press Release
JOHNSTOWN, Pa. - A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of producing child pornography, United States Attorney David J. Hickton announced today.
Stephen J. Goniea, 47, pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that from 2008 to August 2011, Goniea produced visual depictions of a minor engaged in sexually explicit conduct using materials that had been mailed, shipped or transported in interstate or foreign commerce.
Judge Gibson scheduled sentencing for Sept. 3, 2013, at 9:30 a.m. The law provides for a total sentence of 30 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Southwest Computer Crime Task Force of the Pennsylvania State Police conducted the investigation that led to the prosecution of Goniea.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Husband and Wife Bank Robbers Sentenced to Federal PrisonRead the Press Release
A husband and wife have been sentenced to federal prison April 17, 2013, for their roles in a bank robbing conspiracy that included four banks.
Jeffrey Alan Schoon, age 48, of Pocahontas, Iowa, received his prison term after a December 20, 2012, guilty plea; and Roxena Lee Schoon, age 40, formerly of Wall Lake, Iowa, received her prison term after a December 13, 2012, guilty plea. Jeffrey Schoon pled guilty to one count of conspiracy to commit bank robberies, one count of Possession of a Firearm in Furtherance of a Crime of “Violence, and four counts of Bank Robbery. Roxena Lee Schoon pled guilty to one count of conspiracy to commit bank robberies.
Information presented by the United States at their change of plea, and sentencing hearings revealed that during the conspiracy, Roxena Lee Schoon along with her husband Jeffrey Alan Schoon surveilled and robbed four banks that were each within 20 miles of their Wall Lake, Iowa home.
On or about December 29, 2011, they robbed the Iowa State Bank in Odebolt, Iowa. On or about January 11, 2012, they robbed the Citizens 1st National Bank in Early, Iowa. On or about January 28, 2012, they robbed the Westside State Bank in Vail, Iowa. On or about March 23, 2012, they robbed the Heritage Bank in Lytton, Iowa. Jeffrey Schoon actually entered each bank, while Roxena waited outside as the getaway driver.
In furtherance of their conspiracy to commit bank robbery the couple possessed a .38 revolver and ammunition for the firearm. During the conspiracy defendant Roxena Lee Schoon and Jeffery Alan Schoon also appeared to possess a Molotov Cocktail during the Vail robbery, and a second handgun during the Odebolt robbery. These weapons, if they existed, were never recovered.On or about March 29, 2012 law enforcement executed a search warrant at the couples home and discovered a blue bag, gloves, a hoodie, masks, sunglasses, and blue jeans consistent with those used in the robberies, a $20.00 bill from one of the victim banks, a .22 caliber rifle, a .38 revolver and ammunition for the firearms.
Jeffrey Schoon and Roxena Schoon were sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Jeffrey Schoon was sentenced to 180 months’ imprisonment and Roxena Schoon was sentenced to 60 months’ imprisonment. Jeffrey was ordered to pay a $600 special assessment, and Roxena was ordered to pay a $100 special assessment. Jeffrey and Roxena were ordered to make $32,825 in restitution. Jeffrey must also serve a five-year term of supervised release after prison. Roxena must also serve a three-year term of supervised after prison. There is no parole in the federal system.
Both are being held in the United States Marshal’s custody until they can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4070.
The case was investigated by special agents and analysts of the United States Department of Justice’s Federal Bureau of Investigation and Bureau of Alcohol, Tobacco, Firearms, and Explosives; special agents, analysts, and Troopers of the Iowa Department of Public Safety; the Sheriffs and deputies of the Carroll, Crawford, Pocahontas, and Sac County Sheriffs’ Offices, officers of the Denison and Storm Lake Police Departments, members of the Iowa Law Enforcement Intelligence Network, and the Sac and Crawford County Attorney’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Hazleton Man Sentenced for Bank RobberyRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that Senior United States District Court Judge Edwin M. Kosik today sentenced Kevin Andre Parks, age 41, of Hazleton, Pennsylvania, to 60 months’ imprisonment for the September 7, 2012, robbery of the First National Community Bank, located at 340 West Broad Street, Hazleton, Pennsylvania.
According to United States Attorney Peter J. Smith, in robbing the bank, Parks stated to one of the tellers "Give me all your cash, I have a gun” and then patted his right pants pocket. Thereafter, Parks fled to Scranton where he was arrested and found in possession of $3,199 in bank robbery proceeds. Parks did not possess a weapon at the time of his arrest.In addition to the 60-month term of imprisonment, Judge Kosik also ordered that Parks be placed on supervised release for a period of three years following the service of his sentence.
The case was investigated by special agents of the Federal Bureau of Investigation, Scranton Police Department, and the Hazleton Police Department. Assistant United States Attorney John Gurganus prosecuted the case.
Grand Jury for the District of NebraskaRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 36 indictments charging 31 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Isael Ambrosio-Gonon, is charged with illegal reentry into the United States on or about April 7, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Jonathan W. Arrington, age 44, Michael B. Kratville, age 52, and Michael J. Welke, age 38, all of Omaha are charged in a 14-count indictment. Arrington, Kratville, and Welke are charged in Count I with conspiracy in that beginning on or about July, 2005, and continuing to on or about December 31, 2008, the defendants devised a scheme to defraud prospective investors in the Elite Aggressive Growth Group and Elite Index Investment Group (Elite) and NIC Investment Programs causing approximately $4 million in losses. The defendants utilized the United States mail and wire communications for the purpose of executing said scheme. The maximum penalty for each defendant for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Counts II through VII allege that on various dates beginning on or about December 6, 2006, and continuing through on or about May 20, 2007, respectively, Arrington, Kratville, and Welke utilized the United States Postal Service to send mail for the purposes of executing the scheme to defraud the prospective investors. The maximum penalty for each defendant for each count includes imprisonment of 20 years, a $250,000 fine, 5 years of supervised release, and a $100 special assessment. Counts VIII through XIV charge that on various dates beginning on or about November 2, 2005, and continuing through on or about December 29, 2008, respectively, Arrington, Kratville, and Welke transmitted via wire and radio communications electronic bank wires and e-mails for the purpose of executing the scheme to defraud the prospective investors. The maximum penalty for each defendant for each count includes imprisonment of 20 years, a $250,000 fine, 5 years of supervised release, and a $100 special assessment.
* Arnoldo Barrios-Ramirez, age 34, of Kansas City, Kansas, is charged with illegal reentry into the United States on or about March 28, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Danny Junior Bravo, age 33, and Leticia Angela Desman, age 27, both of Stockton, California, are charged in a two count indictment. Count I alleges that beginning on or about October, 2010, and continuing to on or about April 2, 2013, the defendants conspired together and with others to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine. The maximum possible penalty includes imprisonment of not less than 10 years and up to life, a $10 million fine, a 5 year term of supervised release, and a $100 special assessment. Count II alleges that on or about April 2, 2013, the defendants possessed with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release, and a $100 special assessment.
* Larry D. Carter, age 34, of Omaha, who was previously convicted of possession with intent to deliver a controlled substance, a felony, is charged with being in possession of a firearm, to wit: an S&W Sigma 9mm, on or about November 10, 2012. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Juan Trejo Castillo, age 40, is charged with illegal reentry into the United States on or about April 10, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Newton G. Dale, age 26, of Walthill, Nebraska, is charged with statutory rape in Indian Country on or about dates unknown between June 1, 2011, and August 31, 2011. The maximum possible penalty for this count includes imprisonment of 15 years, a fine of $250,000, a term of supervised release for life, and a $100 special assessment.
* Alejandro Flores-Ramirez, age 37, of Omaha, is charged with illegal reentry into the United States on or about March 13, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Richard A. Franco, age 25, of Lincoln, is charged in a one-count indictment. Franco, an employee of the United States Postal Service, is charged with theft of mail which came into his possession and was intended to be delivered by the United States mail from on or about November 24, 2012, and continuing through on or about January 8, 2013. The maximum penalty includes imprisonment of 5 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment.
* Francisco Gaytan-Leal, age 31, of Omaha is charged in a two-count Indictment. Count I of the Indictment charges Gaytan-Leal with illegal reentry into the United States on or about April 11, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment. Count II alleges Gaytan-Leal falsely claimed United States Citizenship on or about April 11, 2013. If convicted the maximum possible penalty includes 3 years imprisonment, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Francisco Genchi-Osuna, age 28, of Omaha, is charged with illegal reentry into the United States on or about April 7, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Francisco Gonzalez-Dominguez, age 34, of Omaha, is charged with illegal reentry into the United States on or about April 10, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* MacAnthony Gordon, age 27, of Omaha, who was previously convicted of possession of a defaced firearm, a felony, is charged with being in possession of a firearm, to wit: a Bersa Thunder .380 semi-automatic pistol, on or about January 25, 2013. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* James B. Haugh, age 56, of Grand Island, Nebraska, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about January 3, 2009, and continuing to on or about December 28, 2012. If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment. Haugh is charged in Count II with possession of child pornography on or about December 28, 2012. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment. The indictment also alleges property used or intended to be used as part of this violation should be forfeited to the United States.
* Rogelio Hernandez-Yepez, age 34, of Gibbon, Nebraska, is charged with illegal reentry into the United States on or about April 6, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Ward L. Hunnel, age 44, of York, Nebraska is charged in a five-count indictment. Count 1 charges that on or about November 14, 2011, Hunnel transported an adult mule deer from Nebraska to Kansas without having a valid license to hunt in Nebraska. The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Counts 2 and 3 allege that on or about November 14, 2011, and on or about November 21, 2011, respectively, Hunnel transported adult mule deer and adult white tail deer from Nebraska to Kansas without having a valid license to hunt in Nebraska. The maximum possible penalty for each of these counts include imprisonment of 1 year, a $100,000 fine, 1 year of supervised release, and a $100 special assessment. Counts 4 and 5 charge that between on or about November 12, 2011, through on or about November 20, 2011, and on or about November 15, 2012, respectively, Hunnel was a felon in possession of firearms. The maximum possible penalty for each of these counts include imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Michael C. Huyek, age 35, of Lincoln, is charged with being a felon in possession of a firearm on or about April 9, 2013. The maximum penalty for this count includes imprisonment of 10 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.
* Patrick John Keenan, age 32, of Omaha, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about August 17, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges that any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment, including but not limited to $846.00 in United States currency seized from the defendant’s wallet on August 17, 2012, should be forfeited to the United States.
* Saul Leal-Armenta, age 44, of Omaha, is charged with illegal reentry into the United States on or about March 22, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Dennis Lewis, age 42, of Tulsa, Oklahoma, is charged in a two-count indictment. Count I charges Lewis with the sexual exploitation of a juvenile between approximately March 25, 2013, and April 10, 2013. The maximum possible penalty on this count is not less than 15 years and up to 30 years in prison, a fine of $250,000, a term of supervised release for life, and a $100 special assessment. Count II charges Lewis with transportation of a minor with intent to engage in criminal sexual activity beginning on or about April 10, 2013. The maximum possible penalty on this count is not less than 10 years and up to life in prison, a fine of $250,000, a term of supervised release for life, and a $100 special assessment.
* Antonio Lucero-Reyes, age 49, of Omaha, is charged with illegal reentry into the United States on or about March 13, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Maurilio Maravilla-Manzo, age 38, of Bellevue, Nebraska, is charged with illegal reentry into the United States on or about April 8, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Andres Mateo-Francisco, age 35, is charged with illegal reentry into the United States on or about January 13, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Antonio Mejia-Cruz, age 26, of Omaha, is charged with illegal reentry into the United States on or about April 7, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Israel Dewayne Mileage, age 21, of Lincoln, is charged in a two count indictment. Count I alleges that on or about April 10, 2013, the defendant possessed with intent to distribute 28 grams or more of a mixture or substance containing a detectable amount of cocaine base. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about April 10, 2013, the defendant possessed a Hi-Point Model JMP, .45 caliber pistol during, in relation to, and in furtherance of the drug trafficking offense alleged in Count I. The maximum possible penalty includes imprisonment of not less than 5 years and up to life to be served consecutive to any other sentence imposed, a $250,000 fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in Count I of the indictment, including but not limited to $209.00 in United States currency should be forfeited to the United States.
* Michael L. Nguyen, age 26, of Lincoln, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about January 17, 2013, and continuing to on or about March 22, 2013. If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment. Nguyen is charged in Count II with possession of child pornography on or about March 22, 2013. The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment.
* Carlos Felipe Niz-Rodriguez, age 23, and Estanislado Diaz-Vargas, also known as Tanilo Diaz-Vargas, age 34, both of Omaha, are charged in a six-count indictment. Count I charges Diaz-Vargas with illegal reentry into the United States on or about March 26, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment. In Count II, Niz-Rodriguez is charged with possession of over five false identification documents, beginning on or about December 12, 2012, and up to and including March 26, 2013. The maximum penalty for this count includes imprisonment of 15 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Counts III and IV allege that on or about December 12, 2012, and on or about February 20, 2013, respectively, Niz-Rodriguez and Diaz-Vargas produced false a Social Security Card and a false Permanent Resident Card. The maximum penalty for each of these counts include imprisonment of 15 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment. Count V charges that on or about February 20, 2013, Niz-Rodriguez and Diaz-Vargas were in possession of stolen a Social Security Card and a Permanent Resident Card. The maximum penalty for this count includes imprisonment of 15 years, a fine of $250,000, 3 years of supervised release, and a $100 special assessment. Count VI of the Indictment charges that on or about February 20, 2013, Niz-Rodriguez and Diaz-Vargas possessed a false Permanent Resident Card. The maximum penalty for this count includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Daniel T. Ray, age 20, of Omaha, is charged in a two count indictment. Count I alleges that on or about April 6, 2013, the defendant possessed with intent to distribute 5 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about April 6, 2013, the defendant possessed a Forjas Taurus Falcon .38 caliber revolver during, in relation to, and in furtherance of the drug trafficking offense alleged in Count I. The maximum possible penalty includes imprisonment of not less than 5 years and up to life to be served consecutive to any other sentence imposed, a $250,000 fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violations alleged in the indictment, including but not limited to $690.85 in United States currency seized from the defendant on April 6, 2013, should be forfeited to the United States.
* Agustin Reyes, age 21, of West Point, Nebraska, who was previously convicted of theft by receiving stolen property, a felony, is charged with being in possession of a firearm, to wit: a Jennings firearm, Model J22, .22 caliber pistol on or about February 18, 2013. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Reyes Rivas-Giron, age 40, of Lexington, Nebraska, is charged with illegal reentry into the United States on or about March 17, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* April L. Rolenc, age 35, is charged in a four count indictment. Counts I, II, and III allege that on or about February 23 and 27, 2012, the defendant distributed a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty for each count includes imprisonment of up to 20 years, a $1 million fine, a 5 year term of supervised release and a $100 special assessment. Count IV alleges that on or about April 8, 2013, the defendant possessed with intent to distribute 5 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violations alleged in Counts I, II, and III, including but not limited to $15,707.00 in United States currency seized from the defendant on April 8, 2013, should be forfeited to the United States.
* Armando De Jesus Romero-Lopez, age 36, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about April 6, 2013, after deportation or removal. The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.
* Samuel Sanchez-Mendoza, also known as, Charles Reyna-Rosas, also known as Javier Reyes-Campos, age 36, is charged in a two count indictment. Count I alleges that on or about March 19, 2013, the defendant was in possession of a firearm, to wit: a SAIGA-12 semiautomatic shotgun, knowing or having reasonable cause to believe that the firearm was stolen. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count II alleges that on or about March 19, 2013, the defendant, an alien illegally and unlawfully in the United States, was in possession of a firearm, to wit: a Huldra Mark IV rifle. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Carlos Solorio-Enriquez, age 34, of Omaha, is charged with illegal reentry into the United States on or about March 22, 2013, following deportation as a felon. The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
* Joseph Townsend, age 20, and Zachary Overman, age 21, both of Bellevue, are charged in Count I with being in possession of a firearm, to wit: a Beretta Model A-302 12-gauge shotgun on or about March 28, 2013, after having each been convicted of a felony. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count II alleges that on or about April 8, 2013, the defendants were in possession of a second firearm, to wit: a Mossberg 500A 12-gauge shotgun, after having each been convicted of a felony. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.
* Sidney G. Weaver, Jr., age 53, of Omaha, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about January 28, 2013. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.Georgia Man Admits Mailing More Threatening Letters to Espn EmployeesRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, announced that EVAN P. CHAGGARIS, 42, of Atlanta, Ga., waived his right to indictment and pleaded guilty today before United States District Judge Robert N. Chatigny in Hartford to mailing numerous threatening communications to ESPN in Bristol, Conn.
According to court documents and statements made in court, between September 2011 and June 2012, CHAGGARIS mailed approximately 24 handwritten letters to ESPN. All of the letters contained threats to injure or kill certain ESPN personalities.
CHAGGARIS was previously prosecuted in the District of Connecticut for the same offense. In 2004, he mailed 31 threatening letters to ESPN in which he threatened to injure and kill ESPN personalities, and also made six threatening phone calls to one ESPN personality. CHAGGARIS pleaded guilty and, on May 8, 2006, he was sentenced to five years of probation. His term of probation concluded on May 8, 2011.
CHAGGARIS was arrested on a criminal complaint on September 21, 2012, in Atlanta.
Judge Chatigny has scheduled sentencing for July 10, 2013, at which time CHAGGARIS faces a maximum term of imprisonment of five years.
This matter has been investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorneys Paul H. McConnell and Sarala V. Nagala.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Gambino Family Administration Member Convicted of Racketeering Conspiracy Involving Two MurdersRead the Press Release
Following a five-week trial, a federal jury in Brooklyn today found Bartolomeo Vernace, a member of the administration of the Gambino organized crime family of La Cosa Nostra (the “Gambino family”), guilty of a racketeering conspiracy spanning 1978 through 2011. As part of the racketeering conspiracy, the jury found that Vernace participated in all nine racketeering acts alleged in the indictment, including the 1981 double homicide of Richard Godkin and John D’Agnese, heroin trafficking, robbery, loansharking, and illegal gambling.
The verdict was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George C. Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
The evidence at trial established that Vernace, also known as “Bobby Glasses,” “Pepe,” and “John Canova,” had a long career in the mafia beginning in the early 1970s and culminating in his induction and rise to become a powerful Gambino family captain who served on the three-member ruling panel overseeing the family that was established in 2008. Vernace was arrested on January 20, 2011, as part of a national sweep of almost 100 members and associates of organized crime led by the U.S. Department of Justice and Federal Bureau of Investigation.
Among the crimes he committed for the mafia, Vernace, together with two Gambino associates, murdered Richard Godkin and John D’Agnese in the Shamrock Bar in the Woodhaven neighborhood of Queens on April 11, 1981, after a dispute arose between a Gambino family associate and others in the bar over a spilled drink. The associate left the bar and picked up Vernace and a third accomplice at a nearby social club. A short time later, the three men entered the bar and gunned down Godkin and D’Agnese – the owners of the bar – as the bar’s patrons fled for cover.
In the weeks after the murders, Vernace went into hiding while one of his close associates, Ronald “Ronnie One-Arm” Trucchio, a rising star in the Gambino family who would later become a powerful captain, sought to question witnesses from the Shamrock Bar that night, placing those witnesses in fear. While in hiding, Vernace was indicted under the alias “Pepe” in the Southern District of New York on heroin trafficking charges. Years later, Vernace, who had avoided state charges for the murders and who had never been identified in connection with the heroin trafficking indictment, returned to Queens and to an active role in the Gambino family. Over the next two decades, his power within the mafia grew, as he became actively involved in robbery, loansharking, and gambling, while operating a large and profitable crew from a café on Cooper Avenue in the Glendale neighborhood of Queens.
In 1998, Vernace was charged in Queens County Supreme Court with the Godkin and D’Agnese murders, but was acquitted after trial in 2002. During testimony from the first week of the federal trial, an eyewitness to the murders testified that he had lied during the state trial about Vernace’s role in the murders due to fear of retribution. In the federal case, the eyewitness testified he recognized all three assailants but that had been afraid to testify against them because, in his words, “two men were dead over a spilled drink. I think that was reason enough to be afraid.” The eyewitness further described how, moments before the murders, he saw Vernace pointing a gun at Godkin’s head and taunting him, and that he saw one of Vernace’s accomplices threatening D’Agnese with a gun. According to the medical examiner, Godkin was killed by a gunshot to the chest fired from point-blank range, and D’Agnese died from a gunshot to the face.
In addition to the Godkin and D’Agnese murders, the jury found the other seven racketeering acts proved, including heroin trafficking, robbery, loansharking, and gambling, and found the defendant guilty of separate firearms and illegal gambling charges as well.
“Organized crime has been depicted by Hollywood as a group of criminals with honor. This case shows what organized crime is really all about - murder, mayhem, and making money off of the weaknesses and addictions of others. Today’s racketeering conspiracy conviction of a powerful Gambino family leader demonstrates, yet again, this Office’s unwavering commitment to holding individuals who choose a life of organized crime accountable, regardless of the age of their crimes,” stated United States Attorney Lynch. “The defendant spent the last forty years pursuing a career of crime, including the vicious double murder, as well as traditional mafia rackets. With this verdict, Vernace has finally been brought to justice and will be held to account for the destruction and pain he has inflicted on his victims and their families. We sincerely hope that today’s verdict helps bring a measure of closure for the families of Vernace’s murder victims, for whom justice has too long been denied.” Ms. Lynch expressed her grateful appreciation to the Federal Bureau of Investigation, the agency responsible for leading the government’s investigation, and to the United States Marshals Service for its assistance during trial.
FBI Assistant Director-in-Charge Venizelos stated, “The thirty-two years since Vernace took part in the ruthless double murder of two good men represent half his lifetime. They have not been years spent atoning for those murders. It has been time spent living the life of a mob soldier, capo, and overseer – half a lifetime committing and directing crimes for the Gambino crime family. We expect that Vernace’s remaining years will be spent behind bars where he belongs. There is no expiration date on the FBI’s resolve to see justice done.”
When sentenced by United States District Judge Sandra L. Townes, Bartolomeo Vernace faces a sentence of up to life imprisonment.
The government’s case was prosecuted by Assistant United States Attorneys Evan M. Norris, Amir H. Toossi, and M. Kristin Mace.
The Defendant:
BARTOLOMEO VERNACE
Age: 64Fugitive Caught After Nearly Two Decades on the RunRead the Press Release
Defendant Refused to Surrender for Service of Sentence
ATLANTA - Bandele Adekunle Adeneye has been indicted by a federal grand jury on charges of escape and bail jumping for failing to report to prison seventeen years ago.
“Those who flee to avoid serving their sentence should understand that they will be found and brought to justice,” said United States Attorney Sally Quillian Yates.“This arrest should send a message to all federal fugitives that the United States Marshals Service never stops looking for you regardless of how long you have been on the run,” said Beverly Harvard, United States Marshal for the Northern District of Georgia.
According to United States Attorney Yates, the charges and other information presented in court: The United States Postal Service arrested Adeneye in 1994 for theft and possession of stolen mail in the Northern District of Georgia. Adeneye pleaded guilty to the unlawful possession of stolen mailbox keys, was sentenced to serve two years in federal prison, and ordered to pay more than $89,000 in restitution to the victims of his crimes.
In September 1995, Adeneye disregarded the court’s direction to either turn himself in to the U.S. Marshals in Atlanta, Ga., or to report to the Federal Correctional Institution in Tallahassee, Fla. Instead he fled, avoiding custody for nearly two decades.
Adeneye, a 45-year-old foreign-born national, avoided capture for 17 years after he fled Georgia by assuming a new identity and relocating to a different part of the United States. He remained a fugitive until several Deputy U.S. Marshals conducted an intensive investigation, reviewing and re-analyzing every known aspect of Adeneye’s life. Their careful work led them to someone who they believed to be Adeneye living in Reynoldsburg, Ohio, under a fictitious name. Once the Deputy U.S. Marshals positively identified this person was Adeneye, they requested assistance from the Southern Ohio Fugitive Apprehension Strike Team (SOFAST) who arrested Adeneye within 48 hours.
The indictment charges Adeneye with escape and bail jumping. The charges carry a maximum sentence of 10 years in prison and a fine of up to $500,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
This case is being investigated by the United States Marshals Service.
Assistant United States Attorney William R. Toliver and Special Assistant United States Attorney Uchenna Ekuma-Nkama are prosecuting the case.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
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.
Franklin County Home Builder Indicted on Federal Tax ChargesRead the Press Release
St. Louis, MO - Lucinda Franek was indicted on charges of failure to pay employment taxes for the years 2008 and 2009, and failing to pay income tax for 2006-2008.
According to the indictment, Lucinda Franek was the President of Rick Franek Contracting, Inc. (RFCI), a custom home building business in Beaufort, Missouri. She and her husband operated RFCI, with Lucinda Franek being responsible for the financial aspects, including payroll duties, and ensuring that the payroll taxes were timely filed and paid to the IRS. She withheld taxes from employees’ paychecks, including federal income taxes, medicare and social security. The indictment alleges that RFCI failed to pay $123,659 in payroll taxes for five calendar quarters in 2008 and 2009. Additionally, the indictment states that during years 2006, 2007 and 2008, Lucinda Franek failed to pay income taxes of approximately $53,601.
"Business owners have a responsibility to withhold income taxes for employees and remit those taxes to the Internal Revenue Service," said Sybil Smith, Special Agent in Charge of IRS Criminal Investigation in St. Louis. "We are committed to pursuing those who attempt to violate the employment tax laws."
LUCINDA FRANEK, Beaufort, MO, was indicted by a federal grand jury on five felony counts of failure to collect and pay over employment tax; and three felony counts of failure to pay income tax. She appeared in federal court earlier today in St. Louis.
If convicted, each count carries a maximum penalty of five years in prison and/or fines up to $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by IRS Criminal Investigation. Assistant United States Attorney Anthony Franks is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Former Pontiac Schools Associate Superintendent and Chief Financial Officer Sentenced to 12 Months in Federal PrisonRead the Press Release
A former Associate Superintendent and Acting CFO of Pontiac Schools was sentenced today to 12 months in federal prison followed by one year home confinement, three years of supervised release and ordered to pay restitution to Pontiac Schools in the amount of $336,000 after having been convicted of one count of defrauding a program receiving federal funding, announced United States Attorney Barbara McQuade.
McQuade was joined in the announcement by Special Agent in Charge Robert D. Foley, III, Federal Bureau of Investigation.Jumanne Sledge, 41, was sentenced by U.S. District Judge Denise Page Hood in Detroit, Michigan.
In February, 2010, Sledge directed a subordinate at Pontiac Schools to issue a check payable to his “International Leadership Academy” in the amount of $236,000.00. Sledge cashed the check and deposited it into his bank account. When later asked for an invoice and purchase order, Sledge created a false invoice to make it appear a payment for a legitimate service. Sledge used the money to finance luxury vehicles, travel and other personal items.
"Among all of the corruption defendants we charge, school officials who steal money are particularly culpable because they are robbing children of their education," McQuade said.
This case was investigated by the FBI and the U.S. Department of Education, Office of Inspector General.
AUSA J. Michael Buckley investigated and prosecuted the case for the United States.
Former Edwardsville Police Chief Pleads Guilty in Theft and EmbezzlementRead the Press Release
James S. Bedell, 58, of Edwardsville, Illinois, the former Police Chief from that city, pled guilty to an Information charging four counts of Embezzlement and Theft from the City of Edwardsville - a local government that received federal funds for the calendar years 2009, 2010, 2011 and 2012, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. The offenses each carry a statutory maximum sentence of up to ten years in prison, a fine of up to $250,000, and mandatory restitution. Sentencing is scheduled for August 2, 2013.
“I am disgusted and saddened when called upon to prosecute someone who had sworn to uphold the law. By far and away, most police officers are above reproach. They are the constant guardians of our very freedom. Unfortunately, individuals sometimes succumb to their greed, stealing from those they have vowed to protect and serve. In instances like that, I will not hesitate to bring full and thorough prosecutions.” said United States Attorney Wigginton. “Police officers are held to a higher standard. While most exceed that standard, day in and day out, often the few who do not get the most attention.”
As revealed in open Court, Bedell was employed as the Director of Police, and was referred to as the Chief of Police of the City of Edwardsville from approximately 2007 through October 5, 2012. As part of the plea, Bedell admitted that from July of 2009 through September of 2012, while Chief for the City of Edwardsville, he unlawfully removed cash and money orders from a lockbox in the police department that contained vehicle impound fees. The City of Edwardsville charges a $300 fee for vehicles towed as a result of certain enumerated violations. The $300 administrative fee must be paid by cash or money order and the paid administrative fee is revenue to the City which must be properly accounted for. Accordingly such funds received are not for the personal use of an employee of the City of Edwardsville. Bedell admitted as part of the plea that he converted some of the funds to his personal use, generally to support a gambling habit. The United States has indicated that it believes the total loss is approximately $138,000. Bedell is contesting this calculation of the loss amount.
The Information is the result of an investigation conducted by the Federal Bureau of Investigation and the Illinois State Police, with the assistance of the City of Edwardsville. The prosecution is being handled by Assistant U.S. Attorney Norman R. Smith.
Former Declo Man Sentenced for Possessing Sexually Explicit Images of MinorsRead the Press Release
BOISE – David Jay Wheeler, 70, formerly of Declo, Idaho, was sentenced today in United States District Court in Boise to 96 months in prison followed by ten years of supervised release for possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Wheeler to pay $2,219.47 in restitution on behalf of a child victim and forfeit property used to commit the offense.
According to court documents, Wheeler is a former “hands-on” child molester whose sexual attraction to prepubescent females dates back decades. By his own admission, Wheeler used his computer to access online child pornography twice a week over the last ten years. Wheeler used sophisticated means to avoid detection, but investigators were able to locate him by using GPS technology, according to court documents.
A search warrant executed at Wheeler's home in Declo resulted in the seizure of a computer and computer storage media that contained sexually explicit images and videos of minors as young as four years of age. According to court records, Wheeler was sitting at his computer and was in the process of downloading child pornography videos at the time the investigators executed the search warrant.
The National Center for Missing and Exploited Children reviewed the child pornography seized from Wheeler and reported that the material had been produced depicting child sexual abuse victims from Idaho, Washington, Montana, Colorado, North Carolina, Pennsylvania, Texas, Nevada, Hawaii, California, Illinois, Delaware, Georgia, Florida, New Hampshire, New Jersey, Netherlands, France, United Kingdom, Belgium, Italy, Germany, Ukraine, Canada, Denmark, Sweden, Germany, Norway, Austria, and Brazil.
The case was investigated by officers from the Boise Police Department, assisted by agents and investigators from the Idaho Attorney General's Office, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Idaho State Police, and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), all members of the ICAC Task Force.
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/.
Florida Man Sentenced on Conspiracy to Distribute Oxycodone and Conspiracy to Commit Money LaunderingRead the Press Release
CONCORD, N.H. – Basil O. Proctor, 46, of Miramar, Florida, was sentenced in United States District Court for the District of New Hampshire to five years in prison after pleading guilty to one count of conspiracy to distribute oxycodone and one count of conspiracy to launder monetary instruments, announced United States Attorney John P. Kacavas.
In September, 2008, the Massachusetts State Police uncovered information that the defendant was involved in the distribution of oxycodone in Massachusetts and New Hampshire and that he would be arriving in a private jet, which traveled to the Manchester- Boston Regional Airport in Manchester. Upon arrival, the defendant was approached by the Massachusetts State Police and was found to be carrying $314,380.00 in United States currency. The defendant subsequently admitted that he transported oxycodone from Florida to Massachusetts and New Hampshire for distribution.
The Internal Revenue Service conducted a parallel investigation that revealed that the defendant instructed co-conspirators to deposit drug money into nominee accounts in order to hide the illegal drug profits.
The case was prosecuted by Assistant United States Attorney Debra M. Walsh.
Federal Jury Convicts Man for Conspiring to Distribute HeroinRead the Press Release
MINNEAPOLIS—Late yesterday in federal court, a jury found a 29-year-old man guilty of conspiring to distribute approximately 450 grams of heroin. The jury convicted Jose Nunez-Medina, a Mexican national, of one count of conspiracy to distribute heroin and one count of possession with intent to distribute heroin. He was indicted, along with Sarahi Diaz-Estrada, age 23, also a Mexican national, on September 11, 2012.
Trial evidence proved that in August 2012, Nunez-Medina conspired with others to distribute 100 or more grams of heroin. It also proved that on August 11, 2012, Nunez-Medina possessed with intent to distribute 100 or more grams of heroin.
On April 8, 2013, co-defendant Diaz-Estrada pleaded guilty to one count of possession with intent to distribute heroin. In her plea agreement, Diaz-Estrada admitted that in exchange for money, she agreed to drive Nunez-Medina from Indiana to Michigan for the purpose of distributing heroin. But instead, they drove to Minnesota. Diaz-Estrada also admitted that she possessed with intent to distribute 450 grams of heroin.
A law enforcement affidavit filed in the case provided that on August 11, 2012, the Crystal Police Department received information from the Indianapolis Metro Police Department concerning the possible abduction of Diaz-Estrada from her Indiana residence. She was believed to be kept against her will at a Crystal motel. Police proceeded to the motel, determined Diaz-Estrada was there, and knocked on her door.
Both Diaz-Estrada and Nunez-Medina were in the motel room. And after speaking with them, the police obtained and executed a state search warrant for the room as well as for Diaz-Estrada’s Jeep. They found approximately 450 grams of heroin, a scale, balloons, and bags. Both defendants were then arrested on drug-related charges.
For their crimes, the defendants face a potential maximum penalty of 40 years in federal prison on each count. United States District Court Chief Judge Michael J. Davis will determine their sentences at future hearings, yet to be scheduled.
This case was the result of an investigation by the Crystal Police Department and the U.S. Drug Enforcement Administration, with cooperation from the Indianapolis Metro Police Department. It was prosecuted by Assistant U.S. Attorney Richard Newberry.Fayette County Felon Sentenced to More Than 3 Years in Federal Prison for Illegal Firearm PossessionRead the Press Release
Brian Koch struck police dog with barrel of his rifle during arrest; suffers gunshot wound
CHARLESTON, W.Va. –A Fayette County felon who failed to comply with repeated orders to drop a firearm during the execution of a warrant for his arrest in January 2012 was sentenced today to three years and five months in federal prison for illegally possessing a firearm. Brian L. Koch, 31, of Fayette County, W.Va., previously pleaded guilty in February to being a felon in possession of a firearm. On January 10, 2012, members of the Fayette County Sheriff’s Department arrived at a cabin located near Chestnutburg Road in Fayette County to execute an arrest warrant on the defendant.
After entering the cabin, law enforcement officers discovered Koch holding a rifle. Law enforcement ordered the defendant to drop the firearm. At the time, Koch repeatedly failed to comply with orders to drop the firearm and also struck a police dog with the barrel of his rifle. As Koch turned toward responding officers, a Fayette County Sheriff’s deputy fired two shots, one of which struck the defendant in the arm. Koch was placed under arrest.
Officers also found at least seven additional firearms inside of the cabin that belonged to Koch.
Koch was previously convicted in March 2005 in the Circuit Court of Fayette County, West Virginia of grand larceny. Koch was also previously convicted in October 2004 in the Circuit Court of Fayette County, West Virginia of uttering. The defendant did not have his rights to possess a firearm restored.The investigation was conducted by the West Virginia State Police and the Fayette County Sheriff’s Department. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Erie County Correctional Facility Deputy Pleads Guilty to Civil Rights Violation Involving an InmateRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Josephine Cutolo, 54, of Buffalo, N.Y. pleaded guilty before Magistrate Judge Hugh B. Scott to deprivation of rights under color of law. The charge carries a maximum sentence of one year in prison, a $100,000 fine or both.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that on August 18, 2012, the defendant, a deputy with the Erie County Sheriff’s Department, used chemical spray on an inmate. At the time the incident occurred, the inmate was in handcuffs, subdued and being escorted by two other deputies. Cutolo aimed the chemical spray a few inches from the victim’s face which resulted in the spray affecting the victim’s face, chin and shoulder area. After spraying the victim, the defendant yelled a vulgar obscenity at the inmate.
“Those who serve in law enforcement- including corrections staff - are entrusted with substantial power and authority in order to protect the public or those in their care,” said U.S. Attorney Hochul. “Certainly the vast majority of officers live up to the highest ideals and demands of their chosen vocation. But when an officer abuses his position and hurts one she is sworn to protect, our Office will not hesitate to bring the perpetrator to justice, regardless of their title or position.”
Sentencing is scheduled for July 16, 2013 at 10:00 a.m. before Magistrate Judge Scott.
The plea is the culmination of an investigation by Special Agents of the Federal bureau of Investigation, under the direction of Acting Special Agent in Charge Richard Frankel.