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12 April 2013
Approximately $1 Million Worth of Food Products Seized from V.I.P. Foods, Inc.’s Ridgewood, New York FacilityRead the Press Release
Loretta E. Lynch, United States Attorney for the Eastern District of New York, today announced the unsealing of a civil complaint and the seizure of approximately $1,000,000 worth of food products from V.I.P. Foods, Inc. (“V.I.P.”) pursuant to a warrant issued by United States District Judge Nicholas G. Garaufis. The complaint alleges that V.I.P. violated the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301, et seq. The suit seeks forfeiture and condemnation of the adulterated food products.
V.I.P., based in Ridgewood, New York, is a manufacturer, warehouse, and repacker of various formulated dried mixes and bases such as chicken soup base, blueberry muffin mix, pancake mix, and flavored mashed potatoes. V.I.P.’s products are distributed under various names including V.I.P. Foods, VIP Foods, and KoJel. V.I.P. also distributes products under private label. The government’s claims arose from an investigation conducted by the FDA which revealed widespread rodent infestation, other insanitary conditions, and issues with V.I.P.’s building structure which provide entryway for insects and rodents. The complaint alleges that FDA inspectors observed live and dead rodents, rodent-gnawed containers of food, rodent nests within pallets of food and packaging materials, rodent excreta pellets too numerous to count scattered throughout V.I.P.’s premises, and rodent urine stains on and around food product and food product packaging.
“VIP’s warehouse was a picnic ground for rodents, and the company failed utterly in its obligation to provide food deemed safe for human consumption. Those who store, package, and sell the food we serve our families have a responsibility to maintain basic standards of cleanliness in their facilities. We are committed to protecting the public from health risks and ensuring that food manufacturers comply with the federal laws prohibiting them from preparing, packing, and holding food products under unsanitary conditions,” stated United States Attorney Lynch.
The government’s case is being litigated by Assistant United States Attorney Melanie D. Hendry.
Anchorage Man imprisoned for "Crash for Cash" Insurance ScamRead the Press Release
Anchorage, Alaska - U.S. Attorney Karen L. Loeffler announced today that an Anchorage resident who had been indicted for three separate instances of wire fraud in connection with an insurance scam was sentenced Tuesday in federal court in Anchorage.
Rustem Mukhametshin, 26, was sentenced by U.S. District Court Judge Timothy Burgess, to 12 months in prison, to be followed by three years of supervised release and to make restitution payments totaling more than $70,000. Mukhametshin, who is a citizen of Russia, plead guilty in January 2013, and is scheduled to be deported from the United States at the conclusion of his prison sentence.
According to Assistant U.S. Attorney Bryan Schroder, who prosecuted the case, Mukhametshin was a principle figure in a unique and extensive scheme to defraud insurance companies for tens of thousands of dollars. Mukhametshin exploited a weakness in the practices of the insurance companies since they generally do not inspect vehicles when they issue an insurance policy. The companies assume that the vehicle being insured is of a reasonable condition, making its value consistent with other cars of the same make, model, production year, and mileage. Mukhametshin exploited that practice by buying damaged cars at rates well below the standard value, and then staging accidents with the damaged cars he purchased. The difference between the low value of the damaged cars and the value of an undamaged standard vehicle of similar model, year, mileage, was then taken as profit. Mukhametshin staged four of these accidents and only stopped the criminal activity after the insurance company refused to pay.
Assistant U.S. Attorney Bryan Schroder further stated that Mukhametshin’s scheme was even more extensive because confederates of the defendant were staging similar fraudulent “accidents.” The loss amount directly attributable to the defendant’s actions was $70,656.70.
Ms. Loeffler commends the Federal Bureau of Investigation for the investigation on this case.Alleged Marijuana Trafficker Detained on Federal Firearms and Drug ChargesRead the Press Release
PROVIDENCE, R.I. – Casey J. Dunphy, 38, of Providence, was ordered detained in federal custody on April 11, 2013, following an initial appearance in federal court on firearms and drug charges, announced United States Attorney Peter F. Neronha, Providence Police Chief Colonel Hugh T. Clements, Jr., and Eugenio A. Marquez, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Boston Field Office.
Dunphy was arrested on March 22, 2013, by detectives with the Providence Police Department’s Narcotics and Organized Crime Bureau after a court authorized search of his residence resulted in the seizure of 34 marijuana plants; containers and bags containing approximately 750 grams of marijuana; a semiautomatic assault rifle and ammunition, including two fully loaded and four unloaded magazines; a .44 caliber revolver loaded with hollow point ammunition; a shotgun; additional ammunition for each weapon, including a speed loader for the .44 caliber revolver; and $15,500 dollars in cash.
Dunphy is charged with one count each of manufacture of marijuana, possession with intent to distribute marijuana, being a felon in possession of a firearm, possession of firearms in furtherance of drug trafficking, and possession of a semiautomatic assault weapon in furtherance of drug trafficking.
According to information provided to the court, Dunphy, a licensed medical marijuana caregiver, was serving a 5-year probationary term on a previous drug trafficking conviction in state court at the time of his arrest. Dunphy has been detained since his arrest.
According to an affidavit in support of a criminal complaint filed with the court, on March 22, 2013, detectives with the Providence Police Department’s Narcotics and Organized Crime Bureau observed an alleged drug transaction between Dunphy and another person while the two were inside a vehicle parked in front of Dunphy’s residence. According to the affidavit, after Dunphy returned to his residence, detectives followed the vehicle and stopped it a short distance away. The driver allegedly admitted to detectives that he had just bought marijuana from Dunphy, and that he had done so previously on multiple occasions. The individual allegedly told detectives that he is not enrolled as a medical marijuana patient.
A criminal complaintis merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Manufacture of fewer than 50 marijuana plants is punishable by a maximum sentence of 5 years in federal prison and 3 years supervised release; possession with intent to distribute less than 50 kilograms of marijuana is punishable by a maximum sentence of 5 years in federal prison and 3 years supervised release; being a felon in possession of a firearm is punishable by a maximum sentence of 10 years in federal prison and 3 years supervised release; possession of firearms in furtherance of drug trafficking is punishable by a mandatory minimum sentence of 5 years in federal prison, to be served consecutive to all other sentences imposed, and 3 years of supervised release; and possession of a semiautomatic assault weapon in furtherance of drug trafficking is punishable by a mandatory minimum sentence of 7 years in federal prison, to be served consecutive to all other sentences imposed, and 3 years of supervised release.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.The matter was investigated by the Providence Police Department’s Narcotics and Organized Crime Bureau and ATF.
Contact: 401-709-5357
[email protected]Albuquerque Couple Arraigned on Federal Wire Fraud Charges Arising Out of Alleged Scheme to Defraud Office Supply BusinessRead the Press Release
ALBUQUERQUE – Matthew Channon, 36, and his wife Brandi Channon, 33, both of Albuquerque, N.M., were arraigned in federal court this morning on an eleven-count indictment charging them with wire fraud. Both entered not guilty pleas and were released under pretrial supervision pending trial, which has yet to be scheduled.
The indictment alleges that the Channons engaged in unlawful schemes to defraud OfficeMax of more than $100,000.00 by creating numerous MaxPerk Rewards accounts in fictitious names, addresses and phone numbers in order to avoid OfficeMax’s policy of issuing only one account per person, and using the accounts to claim rewards from OfficeMax to which they were not entitled.
Counts 1 through 6 of the indictment, each of which charges Matthew Channon with wire fraud, allege that, between March 2010 and Sept. 2010, Matthew Channon perpetuated a scheme to defraud OfficeMax by creating more than 5,400 MaxPerk Rewards accounts; using OfficeMax receipts for purchases made by other customers to claim rewards that were issued to accounts he controlled; purchasing items at OfficeMax using the rewards; and reselling the items for cash. Matthew Channon allegedly falsely claimed almost 47,700 purchases for MaxPerk Rewards accounts that he controlled, generating more than $180,000.00 in rewards that were issued to those accounts.
Counts 7 through 10 of the indictment, each of which charges Matthew and Brandi Channon with wire fraud, allege that, between Sept. 2009 through June 2011, Matthew and Brandi Channon engaged in a scheme to defraud OfficeMax by using MaxPerk Rewards accounts to obtain rewards through the company’s ink and toner cartridge recycling program. The Channons allegedly created approximately 120 MaxPerk Rewards accounts; purchased thousands of used ink and toner cartridges at low cost; and presented approximately 24,935 of used ink and toner cartridges for recycling at OfficeMax, causing approximately $74,800.00 in rewards to be issued to MaxPerk Rewards accounts they controlled.
Count 11 of the indictment charges the Channons with conspiring to commit wire fraud in connection with the scheme charged in Counts 7 through 10. The indictment also includes forfeiture allegations which seek to forfeit property constituting or derived from the proceeds of the Channons’ illegal activities. It seeks a money judgment in the amount of $109,158.13, the money the Channons allegedly derived from their unlawful conduct.
A conviction on each of the eleven counts in the indictment carries a maximum penalty of 20 years in prison and a $250,000.00 fine. An indictment is merely an accusation. All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.
Abilene, Texas, Resident Faces up to 10 Years in Federal Prison for Failing to Register as A Sex OffenderRead the Press Release
LUBBOCK, Texas — John Brandon Rice, 25, most recently a resident of Abilene, Texas, appeared in federal court in Lubbock yesterday and pleaded guilty, before U.S. District Judge Sam R. Cummings, to one count of failing to register as a sex offender. Rice, who is in custody, faces a maximum statutory penalty of 10 years in federal prison, a $250,000 fine and a lifetime of supervised release. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to documents filed in the case, in January 2009, Rice was sentenced in California for the felony sex offense of unlawful sexual intercourse and was sentenced to a three-year term of probation with a condition that he serve 180 days in jail. In May 2010, the probated sentence was terminated and a state prison term of 32 months was imposed. As a result of this conviction, Rice was required under California law to register as a sex offender for life.
In June 2012, Rice began residing in Abilene and working as a landscaper and for a roofing business. Rice admits that he knowingly failed to register and update his registration as a sex offender because he had an outstanding parole warrant from California and he did not want them to know where he was. Under the Sex Offender Registration and Notification Act (SORNA), persons who are required to register as sex offenders are required to register within three days of moving from one state to another.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s 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 sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Steven M. Sucsy is in charge of the prosecution.
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11 April 2013
Winchester Man Sentenced on Tax ChargesRead the Press Release
LYNCHBURG, VIRGINIA -- A Winchester man who willfully failed to file personal tax returns for three years and attempted to obstruct the administration of the Internal Revenue Code, was sentenced this morning in the United States District Court for the Western District of Virginia.
Following a jury trial in January 2013, James Bowers Johnson, 47, of Winchester, Va., was found guilty of one count of obstructing the Internal Revenue Service and three counts of willfully failing to file personal tax returns.
“All Americans must pay their fair share of federal taxes - something that Mr. Johnson intentionally chose not to do,” United States Attorney Timothy J. Heaphy said today. “Instead of abiding by the law and paying his taxes. Mr. Johnson hid income from the IRS and clogged the tax adjudication system with frivolous lawsuits and court filings. Today’s sentence demonstrates our commitment to holding tax cheats accountable and obtaining these much-needed funds from criminals who attempt to evade their legal obligation.”
Today in District Court, Johnson was sentenced to 48 months in Federal prison. In addition, Honorable Judge Norman K. Moon added 30 days of additional incarceration to the end of Johnson’s sentence after finding the defendant in contempt due to his behavior during today’s hearing.
Based on evidence presented at trial by Assistant United States Attorney C. Patrick Hogeboom III, the jury found that Johnson, who was self-employed, hid his gross income, derived from the sale of prepaid telephone cards, rental receipts and capital gains, from the Internal Revenue Service in a number of ways. He requested that customers place payments in a variety of nominee entities he controlled, used money orders or cash and concealed his owners of assets by placing assets, including his residence, and bank accounts in the names of limited liability companies, foundations, companies, corporations and domestic and foreign trusts. Between 1999 and 2007, Johnson attempted to conceal more than $1.4 million in income.
In addition, the jury found that Johnson, despite earning $160,000 in income in 2005, $385,000 in income in 2006 and $123,000 in income in 2007, willfully failed to file a tax return in any of those years.
The investigation of the case was conducted by the Internal Revenue Service Criminal Investigation. Assistant United States Attorney C. Patrick Hogeboom III prosecuted the case for the United States.
Wichita Woman Charged with Selling Knock-Offs of Designer Bags, Jewelry, Sunglasses, ShoesRead the Press Release
WICHITA, KAN. – A woman in Wichita, Kan., has been charged with selling counterfeit merchandise with the labels of famous designers including Prada, Coach, Chanel and Luis Vuitton, U.S. Attorney Barry Grissom said today.
Glenda Sue Morgan, 54, Wichita, Kan., is charged with one count of trafficking in counterfeit goods. Morgan is alleged to have sold the counterfeit goods at a business called The Fabulous Store at 9131 E. 37th North in Wichita.
According to court records, in 2009 investigators obtained information that the store was receiving six or seven packages a month from China. When agents searched the store, they seized 2,590 counterfeit items. The manufacturers’ suggested retail prices of the items if they had been authentic would have been about $1.5 million. Morgan met with agents in January 2011 and signed an abandonment form so that Homeland Security Investigations could dispose of the goods.
In March 2013, agents received information that Morgan had resumed selling counterfeit goods at the store. An undercover agent posing as a shopper visited the store. In a back room, Morgan showed the agent bags, sunglasses and other items with designer names, which she described as “replicas.” The agent purchased $500 worth of counterfeit items including a Chanel bracelet, a pair of Chanel sunglasses with a Chanel case, a Tory Burch wallet, a Michael Kors purse, a Coach purse, a pair of Ugg boots, two Tiffany & Co. bracelets, a Luis Vuitton wallet, a Luis Vuitton purse and a Prada purse.
If convicted, she faces a maximum penalty of 10 years in federal prison and a fine up to $2 million. The Wichita Police Department and ICE-HSI investigated Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wheeling Resident Sentenced on Firearms ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
WHEELING, WEST VIRGINIA - A 28-year old Wheeling resident was sentenced on
April 11, 2013, in United States District Court in Wheeling by Judge Frederick P. Stamp, Jr.United States Attorney William J. Ihlenfeld, II, announced that: WILLIAM TORRES a/k/a “BILLY,” was sentenced to 27months imprisonment to be followed by three years of supervised release. TORRES entered a plea of guilty on March 5, 2013, to“Felon in Possession of a Firearm.” TORRES possessed a firearm on December 7, 2012, in Wheeling, despite having a prior felony conviction from the New York County Supreme Court for the felony offense of Attempted Robbery, First Degree. TORRES was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by USA Ihlenfeld and Assistant United States Attorney Stephen L. Vogrin and investigated by the Bureau of Alcohol, Tobacco Firearms and the Wheeling Police Department.
West Springfield Man Sentenced to 10 Years for Possessing Child PornographyRead the Press Release
Boston - A West Springfield man was sentenced yesterday in federal court for possession of child pornography.
William Crites, 44, was sentenced by U.S. District Judge Douglas P. Woodlock to 10 years in prison, to be followed by 15 years of supervised release after pleading guilty to possession of child pornography charges on Aug. 6, 2012.Had the case proceeded to trial, the Government’s evidence would have proven that between March 11, 2011 and May 3, 2011 Crites, who had been previously convicted of receipt and distribution of child pornography, possessed child pornography on a tablet computer he owned.
United States Attorney Carmen M. Ortiz; John Gibbons, United States Marshal; Hampden County District Attorney Mark G. Mastroianni; and Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police made the announcement. The case was prosecuted by Assistant U.S. Attorney Alex J. Grant of Ortiz’s Springfield Branch Unit.
United States Announces $5.5 Million Settlement with GM to Resolve Natural Resource Damage Claims at Onondaga Lake Superfund Site Near SyracuseRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States and the State of New York have entered into a $5.5 million settlement agreement with the trust responsible for winding up the affairs of Chapter 11 debtor MOTORS LIQUIDATION COMPANY (“Old GM”), formerly known as General Motors Corporation. The settlement agreement, which remains subject to public notice and comment and bankruptcy court approval, concerns environmental liabilities for damages to natural resources under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), at the Onondaga Lake Superfund Site in Onondaga County, New York. It was lodged in Manhattan bankruptcy court on Monday, April 8, 2013.
The agreement is the 13th and final agreement in a series of settlements resolving the environmental obligations and liabilities of Old GM. Those settlements have collectively resulted in recoveries or allowed claim amounts totaling approximately $904,500,000.
Manhattan U.S. Attorney Preet Bharara said: “This settlement, if approved, will provide significant additional money to pay for damage to natural resources at the Onondaga Lake Site. More broadly, this last settlement with Old GM and its successors wraps up an intensive, multi-year effort to secure appropriate payment for remediation and natural resource damages at sites that became contaminated as a result of decades of Old GM operations.”
According to a proof of claim filed by the United States in the Old GM bankruptcy, for over four decades, Old GM molded, painted, finished and assembled metal and plastic automobile parts at its Inland Fisher Guide facility, which was adjacent to a tributary of Onondaga Lake. The United States further alleged that Old GM discharged hazardous substances including PCBs that resulted in significant contamination. EPA’s claims at the site were previously settled for roughly $39.2 million. Under the terms of the separate agreement filed earlier this week, the settling governments will receive additional allowed claims in the total amount of $5.5 million to settle claims for damages to natural resources at the Onondaga Lake site. The U.S. Department of the Interior serves as joint natural resource trustee along with the State of New York and the Onondaga Nation.
Under the settlement, $1,232,323 of the $5.5 million amount will be recovered in full by offsetting against other obligations that the United States otherwise owed to Old GM, and the remaining $4,267,677 will be allowed as a general unsecured claim, to be paid in stocks and warrants of GENERAL MOTORS CORPORATION ("New GM") in an amount determined through the bankruptcy. The United States anticipates that, as a function of bankruptcy law, the New GM stocks and warrants received by the Department of the Interior and the other NRD claimants will have a cash value of less than the face amount of the allowed general unsecured claims.
In June 2009, Old GM – then the second-largest automotive manufacturer in the world – and three wholly-owned subsidiaries filed Chapter 11 petitions in the U.S. Bankruptcy Court for the Southern District of New York. The same day it filed for bankruptcy, Old GM also filed a motion to sell substantially all of its assets to a newly formed corporation, now known as General Motors Company (“New GM”), which was approved by the Bankruptcy Court in July 2009. Old GM thereafter filed a plan of liquidation.
The United States filed proofs of claim against Old GM and its affiliated debtors for environmental liabilities at over 100 sites, and sought amounts due to fund remediation of environmental contamination at most of them. It also asserted natural resource damage claims at six of these sites. The United States previously settled its natural resource damage claims at five of these six sites for approximately $11.5 million; this latest settlement resolves the United States’ sixth and final natural resource damage claim against Old GM. All other United States environmental claims against Old GM have also been resolved.
In total, the United States has entered 12 previous settlements of Old GM=s environmental obligations. Among these settlements, in October 2010, the United States, certain States, and the St. Regis Mohawk Tribe entered into a $773 million settlement agreement with Old GM to resolve its liabilities at 89 sites owned by the debtors. In December 2010, the United States and certain States entered into six additional settlements totaling $25 million with Old GM to resolve its environmental liabilities at six other sites. In addition, in an agreement approved by the Bankruptcy Court on March 29, 2011, the United States on behalf of the Environmental Protection Agency (“EPA”) obtained an allowed general unsecured claim and rights to certain additional funds under environmental law provisions, in a combined total exceeding $50 million, and later settlements granted EPA allowed unsecured claims of more than $62.9 million against Old GM for remediation of contamination at various sites including the Onondaga Lake Superfund Site.
Before being considered by the Bankruptcy Court for approval under environmental laws, the settlement agreement will be lodged with the Bankruptcy Court for a period of 30 days to provide public notice and to afford members of the public the opportunity to comment. It is subject to the approval of U.S. Bankruptcy Judge Robert E. Gerber.
Mr. Bharara praised the U.S. Department of the Interior, the joint trustees at the Onondaga Lake Superfund Site, and the Environment and Natural Resources Division of the Department of Justice for their extraordinary work on this case.
This case has been handled by the Environmental Protection Unit and Tax and Bankruptcy Unit of the U.S. Attorney’s Office. Assistant U.S. Attorneys David S. Jones and Natalie N. Kuehler, along with Alan S. Tenenbaum and Patrick Casey of the Environment and Natural Resources Division of the Department of Justice, are in charge of this case.
GM Onondaga NRD Consent Decree and Settlement
GM Onondaga NRD Settlement - Notice of Lodging 4.8.2013U.S. Attorney Olson Announces Sentencing of Final Two Defendants in Brown Magic Clica (BMC) Gang Racketeering CasesRead the Press Release
Twenty-four Defendants Convicted in Federal and State Courts
BOISE – Wendy J. Olson, United States Attorney for the District of Idaho, announced the sentencings this week of Oscar Garcia, 27, of Umatilla, Oregon, and Juan Anthony Jimenez, 29, currently incarcerated at the Idaho State Department of Correction (IDOC), for conspiring to participate in a racketeering enterprise. Garcia, also known as “Bubba” and “Tiny,” was also sentenced for attempted murder in aid of racketeering. Garcia was sentenced on Monday to 124 months in prison followed by three years of supervised release and ordered to pay a $1,000 fine. Jimenez, also known as “Loco,” was sentenced today to 120 months in prison followed by three years of supervised release. Both defendants pleaded guilty on January 18, 2013.
Garcia and Jimenez are the final federal defendants to plead guilty and be sentenced as part of the eleven-defendant Brown Magic Clica gang conspiracy originally charged in March 2011. Two other individuals were charged separately in BMC gang related cases. Ten defendants also have been convicted and sentenced in state court. The prosecution and sentencings mark the first federal RICO gang prosecution in the District of Idaho.
“Working together, federal and state prosecutors, federal, state, county and local law enforcement produced a significant victory against gang crime in Idaho and eastern Oregon,” said Olson. “The multiple convictions of Brown Magic Clica members under the federal RICO statute demonstrate that we will meet the gang business of violence and intimidation with federal tools designed to disrupt this criminal conduct. To be sure, no law enforcement agency could have done this alone.”
Thirteen defendants, including Garcia and Jimenez, were charged in March 2011 in three separate federal indictments. Eleven defendants pleaded guilty earlier and were sentenced to serve federal prison time:
- Alfredo Castro, a/k/a “Papos,” 26, currently incarcerated at IDOC, was sentenced on August 20, 2012, to 168 months in prison followed by three years of supervised release for conspiracy to participate in a racketeering enterprise.
- Adelaido Gomez, a/k/a “Guy,” 28, currently incarcerated at IDOC, was sentenced on December 13, 2012, to 125 months in prison followed by three years of supervised release for conspiracy to participate in a racketeering enterprise.
- Jessie Rodriguez, a/k/a “Pelon,” 28, of Ontario, Oregon, was sentenced on February 21, 2012, to 115 months in prison followed by three years of supervised release for conspiracy to participate in a racketeering enterprise; assault with a dangerous weapon in aid of racketeering, aid and abet; and attempted murder in aid of racketeering, aid and abet.
- Amando Garcia, Jr., a/k/a Amando Torres, a/k/a “Toro,” 29, of Boise, Idaho, was sentenced on February 25, 2013, to 96 months in prison followed by five years of supervised release for conspiracy to participate in a racketeering enterprise and attempted murder in aid of racketeering. At sentencing, Garcia renounced his membership in the BMC gang.
- Samson Torres, a/k/a “Gremlin,” 24, of Ontario, Oregon, was sentenced on January 9, 2012, to 70 months in prison followed by three years of supervised release for conspiracy to participate in a racketeering enterprise. He was also fined $2,000.
- Salvador Apodaca, a/k/a “Bugz,” 26, of Pendleton, Oregon, was sentenced on February 6, 2012, to 60 months in prison followed by three years of supervised release for assault with a deadly weapon in aid of racketeering.
- Adam Gomez, a/k/a “Lil Toro,” 25, of Fruitland, Idaho, was sentenced on April 16, 2012, to 60 months in prison followed by three years of supervised release for conspiracy to participate in a racketeering enterprise.
- Mathew Grover, a/k/a “Dreamin” 24, of Fruitland, Idaho, was sentenced on January 9, 2012, to 51 months in prison followed by three years of supervised release for conspiracy to participate in a racketeering enterprise and unlawful possession of a firearm. Grover was also fined $2,000.
- Juan Gonzalez, a/k/a “Chango,” 28, of Nampa, Idaho, was sentenced on October 16, 2012, to 37 months in prison followed by three years of supervised release for conspiracy to participate in a racketeering enterprise.
- Ruben Nungaray, a/k/a “Shorty,” 32, a former member of the BMC gang, pleaded guilty in July 2011, to unlawful possession of a firearm. He was sentenced on November 28, 2011, to 92 months in prison followed by three years of supervised release.
- Crista Lydia Lara, 25, of Ontario, Oregon, an associate of the BMC gang, pleaded guilty in November 2011, to conspiracy to distribute methamphetamine. She was sentenced on February 22, 2012, to 46 months in prison followed by three years of supervised release.
The convictions are the result of a three-year Treasure Valley Metro Violent Crimes Task Force investigation named “Operation Black Magic,” which focused on the criminal activity of members of the BMC gang from 2006 to 2010. According to court documents, the defendants admitted that, as part of their participation in the BMC gang, they agreed that members of the gang would commit racketeering acts, including committing, attempting, conspiring and soliciting crimes of murder, arson, witness intimidation and retaliation, and distribution of controlled substances. BMC rules required members to engage in acts of violence toward witnesses in criminal investigations against BMC members, against rival gang members, and against other BMC members who did not follow BMC rules. BMC conducted gang meetings where gang business and criminal activity were discussed, dues were collected, and discipline was administered to members in the form of timed physical assaults conducted by multiple members. BMC members commonly used and distributed controlled substances, and also possessed and transferred firearms among members of the gang. The investigation of the BMC gang revealed that, from 2006 to 2010, BMC members committed two murders and at least seven attempted murders. The seven attempted murders included three “drive-by shootings” in Ontario, one shooting at the vehicle of a person delivering newspapers in Caldwell, Idaho, one shooting toward a crowd at a child’s baptism party in Payette, Idaho, and one stabbing of a person with a knife at a gas station in Caldwell. The investigation further showed that BMC gang members ordered, solicited, and conspired to commit numerous other murders and assaults.
Seventeen gang members and associates also were charged in state court, primarily on gang recruitment charges. Ten of those defendants were convicted and have been sentenced. One defendant is awaiting sentencing; another, Martin Navarro, 30, of Nyssa, Oregon, failed to appear for trial. A warrant is outstanding for his arrest. The other five defendants’ cases were dismissed as a result of the Idaho Supreme Court’s 2012 decision in State v. Simona Manzanares, interpreting Idaho’s gang statute.
- Luis Nungaray, 26, of Boise, pleaded guilty to conspiracy to recruit gang members and was sentenced by Judge Renae J. Hoff on August 20, 2012, to two years fixed followed by two years indeterminate, for a total sentence of four years. The sentence was suspended and Nungaray was placed on probation for a period of two years.
- Jose Jimenez, 28, of Nyssa, pleaded guilty to conspiracy to recruit gang members and was sentenced by Judge Thomas J. Ryan on August 29, 2012, to two years fixed followed by three years indeterminate, for a total sentence of five years. The sentence was suspended and Jimenez was placed on probation for a period of three years.
- Cesar Salinas, 31, of Nyssa, pleaded guilty to conspiracy to recruit gang members and was sentenced by Judge Renae J. Hoff on August 10, 2012, to two years fixed followed by two years indeterminate, for a total sentence of four years. The sentence was suspended and Salinas was placed on probation for a period of three years.
- Paul Espinoza, 22, of Ontario, Oregon, pleaded guilty to conspiracy to recruit gang members and was sentenced by Judge James C. Morfitt on May 21, 2012, to probation, with the judgment withheld for a period of three years.
- Ricardo Martinez, 26, of Ontario, pleaded guilty to conspiracy to recruit gang members and was sentenced by Judge Renae J. Hoff on June 19, 2012, to two years fixed followed by three years indeterminate, for a total sentence of five years. The sentence was suspended and Martinez was placed on probation for a period of three years. Martinez violated his probation and Judge James C. Morfitt revoked his probation, imposed the original sentence, and retained jurisdiction for a period of 365 days on January 11, 2013.
- David Perales, 22, of Ontario, pleaded guilty to conspiracy to recruit gang members and was sentenced by Judge George Southworth on February 19, 2013, to two years fixed followed by four years indeterminate, for a total sentence of five years. The sentence was suspended and Perales was placed on probation for a period of three years.
- Miguel Gallegos, 29, of Vale, Oregon, pleaded guilty to conspiracy to recruit gang members and was sentenced by Judge Renae J. Hoff on April 23, 2012, to two years fixed followed by four years indeterminate, for a total sentence of four years. The sentence was suspended and Gallegos was placed on probation for a period of two years.
- Juan Esteban Gonzalez, 26, of Nampa, pleaded guilty to conspiracy to recruit gang members and was sentenced by Judge Renae J. Hoff on December 17, 2012, to two years fixed followed by three years indeterminate, for a total sentence of five years. The sentence was suspended and Gonzalez was placed on probation for a period of three years.
- Jonathan Lopez-Villa, 27 of Caldwell, pleaded guilty to accessory to a felony and was sentenced by Judge Renae J. Hoff on August 10, 2012, to 364 days fixed. The sentence was suspended and Lopez-Villa was placed on probation for three years.
- Roberto Martinez, 28, of Oregon, pleaded guilty to conspiracy to recruit gang members and was sentenced by Judge James C. Morfitt on May 21, 2012, to two years fixed followed by four years indeterminate, for a total sentence of six years. The sentence was suspended and Martinez was placed on five years of probation. A probation violation was filed on January 16, 2013; a warrant is outstanding for his arrest.
- Gonzalo Garcia-Torres, 26, of Oregon, pleaded guilty on April 23, 2012, to conspiracy to recruit gang members. Sentencing is pending while he serves time in Oregon on unrelated charges.
Together, federal and state courts sentenced twenty-three defendants to more than 136 years in prison.
“The federal and state prosecution of BMC gang members and associates is a victory for our community,” said Bryan Taylor, Canyon County Prosecutor. “This office will continue to work with federal, state and local law enforcement partners to ensure that violent street gangs who threaten our communities will be prosecuted to the fullest extent of the law. The convictions and sentencings of these twenty-three gang members and associates makes our community safer.”
“I believe law enforcement officers and administrators from local, state and federal agencies in the Treasure Valley are making their message abundantly clear to the criminally inclined,” said Canyon County Sheriff Kieran Donahue. “If you want to be a gang member and conduct illegal activity in our cities and counties we will identify you, arrest you, convict you and send you to prison. We are not intimidated by you nor will our efforts be deterred, I promise you.”
“Here we have twenty-three gang members and associates who, thanks to the cooperative efforts of the federal government and local law enforcement, have been arrested, convicted and sent away to prison,” said Ada County Sheriff Gary Raney. “This case would not have happened were it not for the ability to have that cooperative effort.”
Chief of Police Mark Alexander of the Ontario, Oregon Police Department stated that the BMC case has had a positive impact on gang crime in Ontario, and that the number of gang crimes in 2012 was down 50% from 2010 levels.
The federal racketeer influenced corrupt organizations (RICO) law prohibits individuals from participating, or conspiring to participate, in the conduct of an enterprise through a pattern of racketeering activity. An enterprise is defined as any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity. Racketeering activity is defined as specified criminal acts, including murder, arson, distribution of controlled substances, and intimidation and retaliation against witnesses.
The investigation included the cooperative law enforcement efforts of the Treasure Valley Metro Violent Crimes Task Force, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Ada County Sheriff’s Office, Boise Police Department, Caldwell Police Department, Canyon County Sheriff’s Office, Idaho Department of Correction, Malheur (Oregon) County Sheriff’s Office, Meridian Police Department, Nampa Police Department, Nyssa Police Department, Ontario (Oregon) Police Department, Oregon State Police, Canyon County Prosecutor’s Office and the U.S. Attorney's Office.
Two Sioux Falls Men Plead Guilty to Controlled Substance ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that Alexis Salgado, age 40, and James Menard, age 30, both of Sioux Falls, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 9, 2013 and pled guilty to the Indictment that charged them with Possession with Intent to Distribute a Controlled Substance. The charge carries a maximum sentence of 20 years of imprisonment, a $1,000,000 fine, or both; 3 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.
The charge stems from an incident wherein a South Dakota Highway Patrol Trooper stopped to provide assistance to a vehicle sitting along the side of Highway 44 with its hood up. There was smoke coming from under the hood and the vehicle’s hazard lights were on. There were three men with the vehicle. During the Trooper’s contact with the three men, a pack of Newport cigarettes stuffed with a plastic bag with 12.8 grams of methamphetamine inside was found near the air intake by the front left fender of the vehicle. Trace amounts of marijuana were located inside the head band of a baseball cap located in the back seat. A glass pipe was also found stuffed in between the rear seat cushions. Urine samples were obtained from Salgado and Menard who tested positive for methamphetamine, amphetamine and marijuana.
The investigation was conducted by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Both Salgado and Menard were remanded to the custody of the U.S. Marshal Service pending sentencing. Salgado sentencing has been set for June 25, 2013. Menard sentencing has not been set.
Two Sentenced, Two Plead Guilty in $5 Million Conspiracy to Provide Thousands of Identity Documents to Illegal AliensRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two Carthage, Mo., men were sentenced and a St. Joseph, Mo., woman and a Carthage man pleaded guilty in federal court this week related to their roles in a more than $5 million conspiracy that utilized the Missouri Department of Revenue license office in St. Joseph to provide more than 3,500 fraudulent identity documents to illegal aliens across the United States.
Nelson Dariseo Bautista-Orozco, a citizen of Guatemala who is unlawfully in the United States and resided in Carthage, was sentenced by U.S. District Judge Gary A. Fenner today to three years and six months in federal prison without parole. Ranfe Adaias Hernandez-Flores, also known as “Miguel,” 23, also a citizen of Guatemala who is unlawfully in the United States and resided in Carthage, was sentenced on Wednesday, April 10, 2013 to two years in federal prison without parole. They are each jointly and severally liable for a $5,250,000 money judgment, which represents proceeds from the conspiracy.
Sherri E. Gutierrez, 46, of St. Joseph, Mo., pleaded guilty on Wednesday, April 10, 2013 to being a leader or manager of the conspiracy to transport illegal aliens, to unlawfully produce identification documents, to unlawfully transfer another person’s identification and to commit Social Security fraud from November 2009 to January 2012. Elder Enrique Ordonez-Chanas, also known as “Flaco,” 31, also a citizen of Guatemala who is unlawfully in the United States and resided in Carthage, pleaded guilty on Monday, April 8, 2013 to participating in the conspiracy. The government contends that Ordonez-Chanas is also a leader or manager of the conspiracy. In addition to the conspiracy, Gutierrez and Ordonez-Chanas each pleaded guilty to one count of aggravated identity theft.
It is estimated that more than 3,500 licenses were issued to illegal aliens by the Department of Revenue license office in St. Joseph. The state licenses could then be used by the illegal aliens to remain unlawfully in the United States, to unlawfully obtain employment and for other unlawful purposes.
Bautista-Orozco pleaded guilty on Sept. 12, 2012 to his role in the conspiracy and to aggravated identity theft. He admitted that he received packages in the mail from co-conspirators who sent him identity documents, such as birth certificates and Social Security cards. Those identity documents were used by illegal aliens to obtain Missouri driver’s or non-driver’s licenses. Bautista-Orozco also received payments from the illegal aliens who purchased the identity documents from his co-conspirators.
Hernandez-Flores pleaded guilty on Oct. 15, 2012 to his role in the conspiracy. Hernandez-Flores admitted that he transported illegal aliens to the St. Joseph license office.
By pleading guilty, Gutierrez admitted that she transported illegal aliens to the St. Joseph license office, under the guise of being a translator, in order to assist them with obtaining a Missouri driver’s or non-driver’s license. She also instructed and assisted the illegal aliens to practice memorizing the information on the birth certificates and Social Security cards and to practice signing the name on those documents so that the signatures would be similar. They also assisted the illegal aliens to prepare for potential questions from the license office employees. They also assisted the illegal aliens who did not live in Missouri by providing them with a Missouri residential address to use.
Gutierrez and Ordonez-Chanas each admitted that they assisted illegal aliens in obtaining birth certificates and Social Security cards in the names of others. These identity documents were used to obtain either a Missouri driver’s or non-driver’s license at the St. Joseph license office. Ordonez-Chanas requested document sets (of a specific age range for either a male or a female that corresponded with the illegal alien who was the customer) from co-defendants Julio Cesar Llanas-Rodriguez, 38, and Martin Alejandro Llanas-Rodriguez, 30, both of whom are citizens of Mexico unlawfully present in the United States and resided in San Antonio, Texas. Ordonez-Chanas then mailed the documents sets to Gutierrez and others.
Julio Cesar Llanas-Rodriguez and Martin Alejandro Llanas-Rodriguez have also pleaded guilty to their roles in the conspiracy and to aggravated identity theft. Their role in the conspiracy was to obtain state-issued birth certificates, usually from the state of Texas, which they purchased from willing individuals. They would also obtain a Social Security card in the name of the individual on the birth certificate, so they would have a matching document set. They mailed the documents to Gutierrez and others.
Gutierrez and others collected money from the illegal aliens for the fraudulent identity documents. The money would usually then be paid to Ordonez-Chanas or Bautista-Orozco, who would then pay others. The illegal aliens were usually charged between $1,500 and $1,600 for the document sets and the Missouri driver’s and non-driver’s licenses. It is estimated that more than $5,250,000 in gross proceeds was paid by illegal aliens to members of this conspiracy.
Under federal statutes, Gutierrez and Ordonez-Chanas are each subject to a sentence of up to five years in federal prison without parole for conspiracy, plus a mandatory consecutive sentence of two years in federal prison without parole for aggravated identity theft, plus a fine up to $500,000. They must forfeit to the government $5,250,000, which represents proceeds from the conspiracy. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
They are among 13 co-defendants who have pleaded guilty in this case.
Luis Adalberto Felipe-Lopez, 30, a citizen of Guatemala who was unlawfully in the United States and resided in Mt. Olive, N.C., pleaded guilty to his role in the conspiracy as well as to aggravated identity theft. The government contends that Felipe-Lopez is a leader or manager of the conspiracy. Felipe-Lopez admitted that he transported illegal aliens between St. Joseph and North Carolina. Felipe-Lopez admitted that he assisted illegal aliens in obtaining birth certificates and Social Security cards in the names of others. These identity documents were used to obtain either a Missouri driver’s or non-driver’s license at the St. Joseph license office.
Deborah J. Flores, 47, and her children, Jessica M. Gonzalez, 22, Sara M. Gonzalez, 21, Christina Michelle Gonzalez, 24, and Stephen E. Vanvacter, 25, all of St. Joseph, as well as Jon L. Grippando, 25, of Atkins, Ark., formerly of St. Joseph, have also pleaded guilty to their roles in the conspiracy. Flores also pleaded guilty to aggravated identity theft. They admitted that they accompanied illegal aliens to the St. Joseph license office, under the guise of being translators, in order to assist them with obtaining a Missouri driver’s or non-driver’s license.
Flores and her children also admitted that they instructed and assisted the illegal aliens to practice memorizing the information on the birth certificates and Social Security cards and to practice signing the name on those documents so that the signatures would be similar. They also assisted the illegal aliens to prepare for potential questions from the license office employees. They also assisted the illegal aliens who did not live in Missouri by providing them with a Missouri residential address to use in order to obtain the Missouri driver’s or non-driver’s license.
Christina Gonzalez was sentenced to 32 months in federal prison without parole and ordered to pay $150,000 in restitution. Jessica Gonzalez was sentenced to three years of probation.
This case is being prosecuted by Assistant U.S. Attorney Jess E. Michaelsen. It was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations, the Buchanan County, Mo., Sheriff’s Department, the St. Joseph, Mo., Police Department, the Platte County, Mo., Sheriff’s Department, the Missouri State Highway Patrol, the Missouri Department of Revenue Investigation Bureau, the Social Security Administration Office of Inspector General, the U.S. Postal Inspection Service, the U.S. Department of State Bureau of Diplomatic Security.
Two More Indicted for Conspiracy Related to Cuyahoga Heights School DistrictRead the Press Release
A five-count indictment was filed charging David Donadeo, age 39, formerly of Broadview Heights, Ohio, and Dennis Boyles, age 39, of Garfield Heights, Ohio, with conspiracy to commit mail fraud and conspiracy to commit money laundering, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Boyles was also charged with two counts of tax evasion and one count of making or subscribing a false tax return.
Joseph Palazzo (who was previously charged, see Case No. 1:13cr167, United States District Court for the Northern District of Ohio) during the period in question was employed by the Cuyahoga Heights School District (the “District”) as its Information Technology (“IT”) Director. Palazzo was responsible for managing the District’s IT Department, which included purchasing hardware and software and making other IT expenditures to benefit the District and its students, according to the indictment.
Palazzo, Donadeo, Boyles, and others devised a scheme to divert millions of dollars of District funds to their own personal use. As a result of the conduct of Palazzo, Donadeo, Boyles, and others, the District was defrauded and sustained a total loss of at least $3,333,448, according to the indictment.
This scheme involved Palazzo submitting to the District for payment false invoices that purported to be for IT-related goods and services purchased from legitimate companies by the District’s IT Department to benefit the District. Palazzo represented that the invoices he submitted were legitimate, and he approved the false invoices himself or forged the signature of another in the approval section, according to the indictment.
However, in truth and in fact, these invoices were for services never performed, fictitious software and hardware, and software and hardware never received or already purchased by the District from another source. The companies named on the invoices did not supply such goods to or perform such services for the District and were nothing more than “shells,” according to the indictment.
Relying on these invoices, the District issued checks to these shell vendor corporations, which were established and owned by Donadeo, Boyles, and another person working with Palazzo to defraud the District. Donadeo, Boyles and the other shell vendor corporation owner kept approximately half of the stolen money themselves and funneled the remainder of the money back to Palazzo for his personal use, according to the indictment.
In addition to participating in the foregoing scheme to defraud the District, Boyles failed to report his share of the money that he received from the scheme on his tax returns for the tax years 2008, 2009, and 2010. As a result, he failed to pay a total of $30,064 in taxes that was due and owing for those years, according to the indictment.
This case was investigated by Special Agents of the Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation, both located in Cleveland, with the assistance of the State of Ohio Auditor’s Office, the Cuyahoga County Sheriff’s Office, and the United States Postal Inspection Service.
If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ roles in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant United States Attorney Rebecca Lutzko, Special Assistant United States Attorney Perry Mastrocola, and Assistant United States Attorney James L. Morford.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Two FCI Gilmer Inmates Enter Pleas and Are Sentenced in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
CLARKSBURG, WEST VIRGINIA — Two FCI Gilmer inmates entered pleas of guilty and were sentenced on April 10, 2013, in United States District Court in Clarksburg before Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that:
DAVID BOGGS, age 29, entered a plea of guilty to “Possession of a Prohibited Object” on July 12, 2012, when the staff at FCI Gilmer found suboxone strips hidden inside an envelope of mail sent to inmate BOGGS. BOGGS was sentenced to 12 months imprisonment to be served consecutively with his current 155-month sentence. This case was investigated by the Special Investigative Services Staff at FCI Gilmer.
DWAYNE GILMORE, age 37, entered a plea of guilty to “Fraud and Related Activity in Connection with Access Device” between December 1 and 31, 2011, when defendant participated in a scheme to defraud multiple Sears stores of merchandise. GILMORE was sentenced to 15 months imprisonment to be served concurrently with his currently 85-month sentence and ordered to make restitution of $11,276.15 to Sears. This case was investigated by the United States Secret Service and the Special Investigative Services Staff at FCI Gilmer.
These cases were prosecuted by Assistant United States Attorney Brandon S. Flower.
Two Co-Defendants Sentenced on Crack Cocaine ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
CLARKSBURG, WEST VIRGINIA - Two individuals were sentenced on April 10, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that:
DEAUNDRE HALL, age 23, of Pittsburgh, Pennsylvania, was sentenced to 77 months imprisonment to be followed by six years of supervised release. HALL entered a plea of guilty on December 12, 2012, to “Distribution of Crack Cocaine within 1,000 Feet of Stealey Park Playground” on July 26, 2011. HALL was remanded to the custody of the United States Marshal pending designation to a Federal institution.
WILLIAM JACKSON, age 46, of Clarksburg, was sentenced to 71 months imprisonment to be followed by three years of supervised release. JACKSON entered a plea of guilty on December 6, 2012, to “Distribution of Cocaine” on March 23, 2012, in Clarksburg. JACKSON, who is on bond, will self-report to the designated Federal institution on May 25, 2013.
The case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Harrison County Drug Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department.
Third Defendant in Real Estate Fraud Case Pleads GuiltyRead the Press Release
DENVER – Alois Craig Weingart, age 59, of Castle Rock, Colorado pled guilty to one count of making a false statement to a bank, U.S. Attorney John Walsh, IRS Criminal Investigation Special Agent in Charge Stephen Boyd and FBI Denver Acting Special Agent in Charge Steven Olson announced. Weingart entered his guilty plea before Chief U.S. District Court Judge Marcia S. Krieger, and is scheduled to be sentenced on July 8, 2013. In the same case, Waunita Weingart pled guilty to two counts of wire fraud on March 13, 2013 and is scheduled to be sentenced on June 17, 2013. John Gallegos pled guilty to one count of making a false statement to a bank and is scheduled to be sentenced on May 6, 2013.
According to the stipulated facts contained in Waunita Weingart’s plea agreement, beginning in 2000 and continuing through 2008, she devised a scheme to defraud lenders that funded residential mortgage loans. She was an experienced mortgage broker, settlement agent, and licensed title insurance producer. Alois Craig Weingart is her husband; John Gallegos is her son. As part of her scheme, she, John Gallegos, and Craig Weingart each repeatedly obtained mortgage loans for their properties in Castle Rock and Boulder, Colorado, pledging the same properties again and again as collateral to each successive lender without paying off the prior loans. Waunita Weingart used her mortgage brokerage, G-4 Holding, as well as two escrow/title companies she controlled, Colorado County and Community Title and Real Estate Title, to facilitate her fraud.
For each new loan, Waunita Weingart made it appear as though the lender would obtain a first priority security interest in the property, knowing that it would not. In preparing the loan applications and providing information to the lenders for the applications, she incorporated false representations as necessary to assure that the borrowers would qualify for the loans. Each application substantially overstated the borrower’s true income, falsely representing that he or she had high monthly earnings from employment at another company Waunita Weingart controlled. Each application also falsely represented that the borrower owned numerous properties that he or she did not in fact own. As a result of her scheme, lenders lost over 12 million dollars.
Alois Craig Weingart pled guilty to making a false statement to obtain loans for his Castle Rock property; John Gallegos pled guilty to making a false statement to obtain a loan for another property he owned in Seattle, Washington.
“The defendants in this case thought they could out-smart the financial system,” said U.S. Attorney John Walsh. “Crimes such as this ultimately hurt our economy as well as those who applies for a mortgage.”
“IRS Criminal Investigation is committed to work diligently with our law enforcement partners to ensure that those who engage in these illegal activities are vigorously investigated and brought to justice,” said Stephen Boyd, Special Agent in Charge, IRS Criminal Investigation, Denver Field Office.
“Investigating mortgage fraud is a priority for the FBI as it hurts homeowners, businesses and the economy,” said FBI Denver Acting Special Agent in Charge Steven Olson. “Working closely with the IRS Criminal Investigations and the U.S. Attorney’s Office, we were able to see that the three defendants were charged and ultimately convicted for fraud.”
Waunita Weingart faces not more than 20 years imprisonment, and up to a $250,000 fine per count for two counts of wire fraud. Craig Weingart and John Gallegos face not more than 30 years imprisonment, and up to a $1,000,000 fine for making a false statement to a bank.
This case was investigated by special agents with IRS Criminal Investigation and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Linda Kaufman and Martha Paluch.
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The U.S. Attorney for the District of Montana Announces with Federal, State and Local Law Enforcement the Results of the Year Long Operation Dubbed, Billings Area Criminals” or “bac”.Read the Press Release
United States Attorney Michael W. Cotter of the District of Montana, with representatives from the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"), the Drug Enforcement Administration ("DEA"), the United States Marshal's Service, the Montana Division of Criminal Investigations, the Billings Police Department and Yellowstone County Attorney Scott Twito today announced at a press conference the results of ATF's Billings Area Criminals ("BAC") operation, a one-year covert investigation focusing on identifying and investigating the criminal activity of violent criminals in the Billings, Montana, area.
For approximately one year ATF personnel coordinated an undercover operation at a business location in Billings, Montana. During the operation undercover personnel were able to infiltrate criminal organizations in the Billings community; stop planned criminal activity from being commenced; stop the distribution of methamphetamine, cocaine, marijuana, ecstasy and prescription pills; and take 52 guns off the streets.
As a result of the operation the U.S. Attorney's Office for the District of Montana was able to prosecute and convict 22 defendants. The sentences imposed in each of the 22 cases have ranged from 12 months and day up to 170 months. The six defendants that received the highest sentences in the case are as follows, the remaining 14 defendants are listed on the attachment to this release:
Ricky Dennis: Dennis had at least 12 prior misdemeanor and felony convictions at the time of his sentencing. Dennis was sentenced on April 11, 2013, to 73 months in prison, to be followed by 3 years supervised release for convictions of Felon in Possession (4 Counts) and Conspiracy to Commit a Robbery Affecting Interstate Commerce.
Anthony Roll: Pled guilty to 8 Felon in Possession of a Firearm Counts; Conspiracy to Commit a Robbery Affecting Interstate Commerce; Possession of a Stolen Firearm; Possession of a Firearm in Further of a Crime of Violence; 1 Count of Possession of Stolen Firearm; 2 Counts of Receipt of a Firearm While Under Criminal Information; and 2 Counts of Distribution of Ecstasy. Roll had at least 20 prior misdemeanor and felony convictions at the time of his sentencing. Roll was sentenced on October 11, 2012, to serve 170 months in prison, to be followed by 5 years supervised release.
Rodrick Gant: Convicted at trial of Conspiracy to Commit a Robbery Affecting Interstate Commerce; 1 Count Possession of a Firearm in Furtherance of a Crime of Violence; 1 Count Possession of Gun by Person Convicted of a Misdemeanor Crime of Domestic Violence. Gant had at least 5 prior misdemeanor and felony convictions at the time of his sentencing. Jones was sentenced on August 30, 2012, to 106 months in prison, to be followed by 5 years supervised release.
Thaddeus Jones: Pled guilty to 1 Count of Conspiracy to Distribute Methamphetamine; 2 Counts of Distribution of methamphetamine; 1 Count of Conspiracy to Distribute Cocaine; 11 Counts of Distribution or Attempted Distribution of Cocaine; and 1 Count of Felon in Possession of a Firearm. Jones had at least 20 prior misdemeanor and felony convictions and at least 15 pending misdemeanor and felony convictions in other courts at the time of his sentencing. Jones was sentenced on August 8, 2012, to 134 months in prison, to be followed by 5 years supervised release.
Richard Meza: Pled guilty Conspiracy to Commit a Robbery affecting Interstate Commerce and 1 Count of being a Felon in Possession of a Firearm. Meza had at least 5 misdemeanor and felony convictions at the time of his sentencing. Meza was sentenced on July 12, 2012, to 103 months in prison, to be followed by 5 years supervised release.
Marvin Galloway: Pled guilty to 7 Counts of being a Felon in Possession of a Firearm; 5 Counts of Possession of a Stolen Firearm; and 3 Counts of Distribution of Cocaine. Galloway had at least 7 prior misdemeanor and felony convictions at the time of his sentencing. Galloway was also on Montana state supervision at the time of the offenses of conviction. Galloway was sentenced on June 26, 2012, to serve 84 months in prison, to be followed by 3 years of supervised release.
In addition to the federal prosecutions, the work of the personnel involved in BAC also resulted in the capture and assistance in the prosecution of Cleveland Boyer in Yellowstone County District Court. Boyer was charged in the murder of Danny Valenzuela in Billings, Montana. Based on the undercover nature of the BAC investigation, ATF personnel were able to put a plan in place, execute the plan and orchestrate the arrest of Boyer in Bozeman MT some 130 miles west of Billings. Boyer was recently tried in Yellowstone County District Court and convicted of deliberate homicide.
In response to the work of law enforcement in the BAC case, U.S. Attorney Michael W. Cotter, for the District of Montana, said, "The number one goal of law enforcement is public safety. Today, the Billings community is a better and safer place because of this operation and the members of law enforcement involved deserve the highest praise for their efforts. The undercover operation conducted by the ATF, with assistance from other law enforcement agencies in the community, was truly an example of what can be accomplished when all of a community's law enforcement assets are focused on making the town safer. The joint operation by ATF and others in this investigation removed more than 20 hardened and dangerous criminals from the streets of Billings, Montana and put them in federal prison."
ATF is committed to protecting the citizens of Montana by removing career criminals from our communities and putting them behind bars," said Andrew Traver, Special Agent in Charge of ATF's Denver Field Division. "We are passionate about this mission and will continue to work with our law enforcement partners to ensure that we are successful."
The Montana Department of Justice is proud to be working with local and federal law enforcement agencies to find, apprehend, and convict dangerous criminals in the Billings area and throughout our state. I am committed to both continuing this partnership and finding new ways we can collaboratively tackle the state's top public safety challenges. We can't understate the threats posed to our communities by criminal conspiracies and the trafficking of illegal drugs and weapons. We may work for different agencies, but we're all Montanans and we're here to serve Montanans. Great things happen when we work together," said Attorney General Tim Fox.
U.S. Marshal for the District of Montana said, "This case is a perfect model of the commitment of working together at all levels of law enforcement and the merging of resources to put Montana Law Enforcement strides ahead on identifying and arresting offenders in our state."
This case again demonstrates that the collaboration of law enforcement in the Billings community is second to none," said Billings Police Chief Rich St. John, "the men and women of local, state and federal law enforcement have truly made our community safer through this operation."
Tax Preparer Gets Prison for Creating False Tax ReturnsRead the Press Release
(Abbeville woman operated a tax preparation service)Contact Person: Beth Drake (803) 929-3000
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that SANDRA BURTON, age 49, of Abbeville, South Carolina , was sentenced today in federal court in Spartanburg on ten counts of preparing materially false federal income tax returns, each a violation of Title 26, United States Code, Section 7206(2). United States District Judge Mary G. Lewis ordered BURTON to serve 21 months in a federal prison and to pay restitution of $355, 529.00 to the Internal Revenue Service. In addition, she was ordered to pay a special assessment of $1,000.00 and to serve one year of supervised release after being released from prison.
At BURTON’s guilty plea hearing on December 13, 2012, the Government offered facts showing that during the years 2006 through 2008 BURTON operated a tax return preparation service in Abbeville. The majority of her clients were W-2 wage earners.
As a result of an unusually large number of returns prepared by BURTON claiming educational credits and IRA contributions, in 2008, an IRS undercover agent sought to have a return prepared based solely on a W-2. The return prepared by BURTON for the undercover agent included an IRA deduction and an education credit thus giving the undercover Ataxpayer@ a refund to which the agent otherwise would not have been entitled.
Thereafter, a search warrant was issued for BURTON's tax service which was searched by the IRS. In addition to evidence seized during the execution of the search warrant, BURTON admitted that she had given taxpayers deductions to which they were not entitled. The other nine counts to which BURTON plead guilty involved similar materially false credits and deductions in returns prepared by her.
United States Attorney Bill Nettles noted that, “Although we believe that the vast majority of tax preparers, like tax payers, are truthful and honest in their work product, calculations, and submissions, this office will continue to investigate and vigorously prosecute those who violate the law.” Mr. Nettles also urged tax payers to heed the advice of IRS Criminal Investigation Special Agent in Charge Jeannie A. Hammett who has said: “If you choose to have your tax returns prepared by a return preparer, it is important to understand that you are ultimately responsible for all of the information on the tax return. Dishonest return preparers use a variety of methods to formulate fraudulent and illegal deductions to reduce taxable income. And if the return is bad, it is the taxpayer whose name is on the return that will be responsible for paying the additional taxes, penalties and interest.”The case was investigated by agents of the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney William C. Lucius of the Greenville office handled the case.
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Tampa Man Sentenced to More Than 20 Years for Role in Drug ConspiracyRead the Press Release
Tampa, FL- U.S. District Judge James S. Moody sentenced Rodney L. Carter (27, Tampa) yesterday to twenty years and eight months in federal prison for conspiracy to possess 5 kilograms or more of cocaine with the intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. He pleaded guilty on November 20, 2012.
According to court documents, Carter and his co-conspirators, Curtis A. Marsh, Jr. and Donta Haynes agreed and planned to commit a robbery of 20-50 kilograms of cocaine. All three were arrested prior to committing the robbery. At the time of the arrests, they were in possession of three loaded firearms.
On March 27, 2013, Marsh was sentenced to eleven years and three months in federal prison. Haynes pleaded guilty for his role in this case. His sentencing hearing is scheduled on May 14, 2013.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Stacie B. Harris.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney Robert E. O’Neill, along with Julie Torres, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Strip Club Owner Sentenced for Illegal FirearmsRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the former owner of a strip club in Sunrise Beach, Mo., was sentenced in federal court today for illegally possessing 31 firearms.
Jimmy Duane Davis, 57, of Sunrise Beach, was sentenced by U.S. Chief District Judge Fernando J. Gaitan to two years and six months in federal prison without parole. Davis was the owner of the now-defunct Eclipse Gentleman’s Club.
On July 24, 2012, Davis pleaded guilty to being a felon in possession of firearms.
Federal law enforcement agents executed a search warrant at Davis’s residence and neighboring business on Aug. 19, 2010 after receiving a report that Davis was in possession of firearms. A gun safe in the basement contained 30 shotguns, rifles and handguns. Agents also observed numerous rounds of ammunition around the room, and a Springfield Armory 9 mm semi-automatic pistol in a case on top of the gun safe. In addition, five shotgun shells were found in an upstairs bedroom.
According to his plea agreement, Davis purchased 12 firearms-specific hunting permits between 2006 and 2009.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearms or ammunition. Davis has two prior felony convictions for trafficking in methamphetamine and a prior felony conviction for selling marijuana.
This case was prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and IRS-Criminal Investigation.St. Mary’s County Man Sentenced to 25 Years for Sexually Exploiting Two Minor Girls to Produce Child PornographyRead the Press Release
Baltimore, Maryland - U.S. District Judge J. Frederick Motz sentenced Cary Anderson, age 33, of Dameron, Maryland, today to 25 years in prison, followed by lifetime supervised release, for sexually exploiting minors to produce child pornography. Judge Motz also ordered, that upon his release from prison, Anderson must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; St. Mary’s County Sheriff Tim Cameron; and St. Mary’s County State’s Attorney Richard Fritz.
According to that statement of facts that was part of his guilty plea, Anderson began sexually molesting a young girl when she was 11 years old. From February 17 to February 24, 2012, Anderson sexually exploited the girl, who was then 13 years old, and produced images documenting the abuse. Further, on February 24, 2012, Anderson also sexually exploited a 15 year old girl he met on the internet and brought to his home, and produced visual depictions documenting the abuse.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, St. Mary’s County Bureau of Criminal Investigations and the St. Mary’s County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Special Assistant U.S. Attorney LisaMarie Freitas, assigned from the U.S. Department of Justice, Child Exploitation and Obscenity Section, who prosecuted the case.
St. Charles County Man Sentenced for Pointing A Laser at an AircraftRead the Press Release
St. Louis, MO - MICHAEL BRANDON SMITH, formerly of O’Fallon, Missouri, was sentenced to two years of probation, two months home confinement and 40 hours of community service for pointing a laser at a Metro St. Louis Air Support Police helicopter on May 18, 2012.
According to court documents, on May 18, 2012, a St. Louis Metro Air Support Police helicopter was engaged in a routine police patrol. At approximately 10:00 p.m., the helicopter was dispatched to a call of a possible burglary in progress at a school located near 200 Meriwether in St. Charles County. As the helicopter began a search of the Meriwether property, the pilot and observer noted that the helicopter was struck several times by a green laser beam. When the beam struck the glass of the helicopter, it impacted the vision of the pilot and observer. As a result, the helicopter had to pull away from the search of the Meriwether property.
The helicopter then proceeded toward the direction of the laser beam and was struck again by the beam. The pilot and observer were asked to locate the source of the green laser beam and determined that it came from a residence in the 2700 block of Red Cedar Parc Drive South, in O'Fallon. The pilot and observer saw Smith standing in his driveway with the laser. O'Fallon police responded to that location and observed Smith with a laser pointer in his hand. He was arrested and the laser was seized. He told O'Fallon police that he had been drinking and playing around with the laser and pointed it at the helicopter. The police observer in the helicopter reported that he had some short-term visual problems as a result of the laser strike.
Smith pled guilty in November to one felony count of aiming the beam of a laser pointer at an aircraft, and appeared today for sentencing before United States District Judge Jean C. Hamilton.
This case was investigated by the O’Fallon Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Howard Marcus handled the case for the U.S. Attorney’s Office.
Springfield Man Sentenced for Distributing Crack CocaineRead the Press Release
Boston - A Springfield man was sentenced yesterday in federal court for conspiracy and distribution of cocaine base.
Juan Dessasure, 32, was sentenced by U.S. District Judge Douglas P. Woodlock to four years in prison, to be followed by five years of supervised release. Dessasure pleaded guilty to conspiracy and distribution and possession with intent to distribute cocaine on Oct. 27, 2011.
Had the case proceeded to trial the Government’s evidence would have proven that Dessasure, working with another individual, sold crack cocaine to a cooperating witness in November 2009 and again in January 2010.United States Attorney Carmen M. Ortiz; Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Office; John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration - Boston Field Office; Hampden County District Attorney Mark. G. Mastroianni; United States Marshal John Gibbons; Hampden County Sheriff Michael Ashe; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; and Holyoke Police Chief James M. Neiswanger made the announcement today. The case was prosecuted by Assistant U.S. Attorney Alex J. Grant of Ortiz’s Springfield Branch Unit.
South Carolina Man Pleads Guilty to Kidnapping, Possession of A Firearm and Witness TamperingRead the Press Release
The Defendant Entered A Guilty Plea Following Nearly Two Days of Trial Testimony
CHARLOTTE, N.C. B On Wednesday, April 10, 2013, a South Carolina man on trial in U.S. District Court in Charlotte entered a guilty plea for kidnapping, possession of a firearm and witness tampering offenses after nearly two days of trial testimony, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Tompkins is joined in making today’s announcement by Wayne L. Dixie, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, Chief Debra Duncan of the Monroe Police Department and Sheriff Kip Kiser of the Chesterfield County Sheriff’s Office in South Carolina.
On March 22, 2012, Lonnie Cecil Buchanan, Jr., 44, of Pageland, S.C., was indicted by a federal grand jury on one count of kidnapping, one count of possession of firearm by a convicted felon, and one count of possession of a firearm in furtherance of kidnapping. Court records indicate that following his arrest and while in federal custody, Buchanan began to call the kidnapping victim in an attempt to persuade the victim to recant the statements the victim made to law enforcement and the federal grand jury. As a result of that conduct, in December 2012, a federal grand jury added two charges of tampering with a witness, victim, or an informant in a superseding bill of indictment.
According to filed court documents and evidence presented at trial, on February 26, 2012 Buchanan, while holding a firearm, approached the victim in the Hilltop shopping center parking lot in Monroe, N.C. Witnesses at trial described the victim’s “blood curdling screams” as she ran to her vehicle in an attempt to get away from Buchanan. Buchanan chased the victim and jumped into her car. Witnesses also testified at trial that Buchanan and the victim violently struggled in the car until the victim was knocked unconscious. According to trial proceedings, Buchanan then went to the passenger side of the car and dragged the victim over to a van that he had parked nearby. Witnesses stated at trial that Buchanan stood over the victim with his hand on her throat and when he noticed other people around him, he started to tell the victim that he “was going to take her to the hospital.” Witnesses testified that Buchanan lifted the victim from the ground and placed her on the floor of the van. Witnesses also testified that Buchanan passed the hospital and drove the victim into Chesterfield County in South Carolina. According to court documents and trial proceedings, Buchanan repeatedly hit the victim and told her he would kill her. After 30 hours of being held captive, the Chesterfield County Sherriff’s Office located the van at a vacant house in the woods with both Buchanan and the victim inside. Buchanan was arrested and the victim was taken to the hospital for treatment, according to court records. Witnesses said that Buchanan left the .38 special revolver in the victim’s vehicle at the scene of the kidnapping, along with one of his shoes. During the investigation, law enforcement recovered a loaded .38 special revolver in the victim’s vehicle.
The defendant has been in local federal custody in the Western District of North Carolina since April 2012 and will remain in custody until his sentencing date, which has not been set yet. He faces a maximum of life in prison, a $250,000 fine or both.
The investigation was led by the Monroe Police Department, the Chesterfield County Sheriff’s Office, and ATF. The case was prosecuted by Assistant United States Attorneys Jennifer Lynn Dillon and Dana Owen Washington of the U.S. Attorney=s Office in Charlotte.
Six GRAND SALINE, TEXAS MAN SENTENCED FOR BEING A FELON IN POSSESSION OF A FIREARM Expired Inspection Sticker Leads to Federal Prison SentenceRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas - A 49-year-old Grand Saline, Texas man has been sentenced to serve more than three years in a federal prison for possessing a firearm after having been previously convicted of three felony offenses, announced U.S. Attorney John M. Bales today.
Andrew Mark Harris pleaded guilty on January 10, 2013, to possessing a .22 caliber pistol loaded with seven bullets after having been convicted of 3 felony crimes and was sentenced to 40 months incarceration by U.S. District Judge Leonard Davis during a hearing today.
According to information presented in court, on April 26, 2012 a Grand Saline police officer stopped Harris for driving a car displaying an expired inspection sticker. The officer arrested Harris for the offense and then conducted a property inventory of the car’s contents. The inventory led to the discovery of the loaded pistol. In 2004 Harris was convicted in federal court for distributing methamphetamine. He also has Debit Card Abuse and Credit Card abuse convictions in Kaufman and Van Zandt Counties, respectively.
This case was investigated by the Grand Saline Police Department and the Bureau of Alcohol, Tobacco, and Firearms, Tyler Office and was prosecuted by Assistant U.S. Attorney Jim Noble.
Sioux Falls Man Sentenced in Methamphetamine ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota man was sentenced on April 8, 2013 by U.S. District Court Judge Karen E. Schreier.
Casey Dean Hoefert, age 33, was sentenced to 120 months in prison, to be followed by 5 years of supervised release, for conspiracy to distribute 500 grams or more of a mixture containing methamphetamine. Hoefert was indicted by a federal grand jury on November 6, 2012, and pled guilty to the offense on January 15, 2013.
Hoefert acted as a middle man between two co-conspirators, accepting delivery of methamphetamine from one and delivering it to another, who gave Hoefert payment for the drugs. Hoefert then gave the money to his supplier.
This case was investigated by the SD Division of Criminal Investigation, the Minnesota Bureau of Criminal Apprehension, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.
Hoefert was immediately turned over to the custody of the U.S. Marshal.
Shreveport Man Sentenced to 100 Months in Prison for Distributing Child PornographyRead the Press Release
SHREVEPORT, La. – U.S. Attorney Stephanie A. Finley announced today that John Carpenter Myers, 43, of Shreveport, was sentenced Tuesday by U. S. District Judge Elizabeth E. Foote to 100 months in prison and lifetime supervised release for distributing child pornography.
According to court documents, Louisiana authorities received notice from an undercover investigator in another state that Myers was making images depicting children in sexual situations available through file sharing software on his computer. After a search of his computer, authorities found 1,857 videos and 3,656 digital photographs that depicted minors in sexually abusive circumstances.
“The individual in this case used his computer to provide images of abused children to others online,” Finley said. “His actions contributed to a worldwide trade of such material. Our office will not stop prosecuting those who distribute images and videos depicting abuse of children.”
The Department of Homeland Security – Homeland Security Investigations and the Louisiana State Police – Criminal Investigations Division investigated the case. Assistant U.S. Attorneys Earl Campbell and John Luke Walker prosecuted 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 http://www.ice.gov/exec/forms/hsi-tips/tips.asp and to the FBI at https://tips.fbi.gov. Tips may be reported anonymously. The Shreveport FBI office number is (318) 861-1890.
Sentences for April 05- 11, 2013Read the Press Release
Athena Marie Street, 37, of Lusk, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on April 11, 2013, for making counterfeited securities. Street was arrested in Lusk, Wyoming. She received 33 months of imprisonment, to be followed by three years of supervised release and was ordered to pay a $100.00 special assessment and restitution in the amount of $36,706.02. This case was investigated by the U.S. Secret Service.
Shane Jay Phelps, 39, of Evansville, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on April 11, 2013, for failure to register as a sex offender. Phelps was arrested in Casper, Wyoming. He received 24 months of imprisonment, to be followed by a life-term of supervised release and was ordered to pay a $100.00 special assessment. This case was investigated by the U.S. Marshals Service.
Javier Aristedes Jimenez-Ponce, 41, of Honduras, was sentenced by Federal District Court Judge Alan B. Johnson on April 5, 2013, for illegal re-entry of a previously deported alien into the United States. Jimenez-Ponce was arrested in Evansville, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Rosebud Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 9, 2013 by U.S. District Judge Roberto A. Lange.
Kelly Crow Dog, age 27, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund. Crow Dog was indicted by a federal grand jury on August 29, 2012 and pled guilty to the charge on January 10, 2013.
The conviction stems from an incident on August 7, 2012, wherein Crow Dog argued with the victim, grabbed her hair and shirt, threw her on the ground, placed a knife on her throat, and stabbed her left hand.
The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Crow Dog was remanded to the custody of the U.S. Marshal.
Rosebud Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Abusive Sexual Contact was sentenced on April 9, 2013 by U.S. District Judge Roberto A. Lange.
Benjamin George Murphy, age 65, was sentenced to 36 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund. Murphy was indicted by a federal grand jury on August 22, 2012 and pled guilty to the charge on January 9, 2013.
The conviction stems from an incident that took place between December 1, 1999 and December 15, 1999, when Murphy had sexual contact with a student that he helped teach at the Rosebud Elementary School.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Timothy M. Maher.
Murphy was remanded to the custody of the U.S. Marshal.
Rosebud Man Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Myron Dubray, age 26, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 9, 2013 and pled guilty to Count I of the Indictment that charged him with Possession with Intent to Distribute a Controlled Substance.
There is a mandatory minimum of 5 years of imprisonment, a $5,000,000 fine, or both; at least 4 years of supervised release and an additional 3 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.
The charge stems from an incident on March 21, 2012, wherein a Todd County residence was searched by law enforcement, and officers found over 50 grams of methamphetamine, a Scheduled II controlled substance, on Dubray.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Dubray was remanded to the custody of the U.S. Marshal Service pending sentencing which has been set for June 25, 2013.
Rosebud Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Mitchell Stoneman, age 22, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 8, 2013 and pled guilty to Assault with a Dangerous Weapon. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on October 11, 2012 when Stoneman assaulted the victim with a bat and rock, with intent to do bodily harm to the victim.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Timothy M. Maher.
A presentence investigation was ordered and a sentencing date was set for June 24, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rosebud Man Indicted for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury for Abusive Sexual Contact.
Sonny Gray Grass, age 57, was indicted by a federal grand jury on August 22, 2012. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 9, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; life of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Gray Grass is presumed innocent until and unless proven guilty. The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Gray Grass was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Rochester Man Convicted at Trial of Drug Trafficking and Firearms PossessionRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Preston Clements, 22, of Rochester, N.Y., was convicted of possession of marijuana with intent to distribute, maintaining a drug related premises, and possession of a firearm in the furtherance of the drug distribution activity following a jury trial before U.S. District Judge Frank Geraci, Jr. The charges carry a minimum sentence of five years in prison, a maximum of life, and a $250,000.
Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that on February 23, 2011, the Rochester Police Department responded to 166 Atkinson Street after receiving a call for suspicious activity at that location. Upon arrival, officers became concerned that the house was being burglarized and, through a window to Apartment #1, observed a firearm laying on a bed. Officers entered the residence and discovered marijuana which turned out to be 41 bags packaged for sale. Officers also located a digital scale common to drug trafficking as well as cash.
Further, officers found the defendant hiding in an attic apartment on the third floor of the building along with a woman identified as his girlfriend. Clements was arrested and questioned regarding the firearm and drugs located in Apartment #1. During the interview, the defendant admitted to selling the marijuana out of Apartment #1 and admitted to possessing the firearm for protection.
During the trial, the defendant testified that he in fact sold marijuana as he had previously stated, but denied possessing the firearm recovered by officers. The defendant added that he does not like firearms and that while he was aware that the firearm was present that night, it was not his and he had no intention of possessing or using it.
Following his conviction, the defendant was taken into custody by the U.S. Marshals Service at which time a bag of suspected marijuana was found in Clements' pocket.
The conviction is the result of an investigation by the Firearms Suppression Unit, composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney and the Rochester Police Department, under the direction of Chief James M. Sheppard.
Sentencing is scheduled for July 11, 2013 at 9:00 a.m. before Judge Geraci.Robbinsville, N.C. Man Sentenced to Prison for Killing A Black Bear Cub in Nantahala National ForestRead the Press Release
ASHEVILLE, N.C. – U.S. Magistrate Judge Dennis L. Howell sentenced a Robbinsville, N.C. man to five months in prison on Wednesday, April 10, 2013 for killing an American Black Bear cub in Nantahala National Forest in October 2011, announced today Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.
Kristin Bail, Forest Supervisor for the National Forests of North Carolina joins U.S. Attorney Tompkins in making today’s announcement.
According to filed court documents and yesterday’s sentencing hearing, in October 2011 Tyler Micaiah Colvin, 20, of Robbinsville used a .50 caliber muzzleloader to kill a Black Bear cub in the Wayah Bear Sanctuary in the Nantahala National Forest, in Macon County. Court records indicate that Colvin had fired three shots, one of which fatally wounded the bear cub. Bear season was not open at the time Colvin killed the cub, it is illegal to kill a bear weighing less than 50 pounds at any time and killing bears within a bear sanctuary is prohibited even during bear hunting season. Court documents and court proceedings indicate that Colvin shot the bear cub, skinned it and removed the paws and some meat. Colvin left the remainder of the carcass and the entrails in the forest. Forest agents apprehended Colvin and retrieved the bear parts from his vehicle, all according to court records. Colvin pleaded guilty in December 2012 to one count of transporting wildlife that had been taken in violation of federal laws and regulations, which is a violation of the Lacey Act.
“The Lacey Act is an important arsenal in our fight against those who illegally kill endangered and threatened species,” said U.S. Attorney Tompkins. “It is important for all of us to follow the law when hunting protected species. Colvin’s conduct was outrageous, inhumane and illegal and anyone involved in the illegal killing of Black Bears will be vigorously prosecuted by this office.”
“This case is a positive example of how important partnerships between Forest Service and the North Carolina Wildlife Resources Commission can produce maximum results in the protection of our resources. Officers are faced with bad odds when dealing with poaching in such vast areas, so we urge the public to report all big game violations. These types of results definitely send a message to those who steal from the public,” said Steve Ruppert, Special Agent in Charge for the U.S. Forest Service, Southern Region.
“I commend the U.S. Forest Service agents and officers of their work on this case, and I believe the sentence sends a message that illegal hunting will not be tolerated in the national forests,” said Kristin Bail, forest supervisor of the U.S. Forest Service’s National Forests in North Carolina. “Working with a wide variety of local, state and federal partners, the Forest Service is committed to protecting wildlife to ensure these and other natural resources are available for the next generation of forest visitors.”
“The thin Green Line formed by the U.S. Forest Service, the U.S. Fish and Wildlife Service and the North Carolina Wildlife Resources Commission is all that stands between our state’s precious wildlife resources and those who take game illegally in our state. If it were not for the support of our Judges, the U.S. Attorney’s Office and the public for whom we serve, all efforts would be lost. This is a fine example of how things should work, from the execution and case development of the officers in the field to the handling of the case when it gets to court,” said Captain Greg Daniels, of the North Carolina Wildlife Resources Commission’s 9th District.
In addition to the prison sentence, Judge Howell ordered Colvin to one year of supervised release and to surrender his hunting license while he is under court supervision. Colvin is also prohibited from engaging in any hunting activities during that year. Colvin was also ordered to pay $2,232 as restitution to the North Carolina Wildlife Resources Commission for the killing of the Black Bear cub and was ordered to forfeit the muzzleloader rifle, a powder horn, and a deer call device.
The U.S. Attorney’s Office reminds the public that American Black Bears are a species of special concern warranting federal and state protection on the Blue Ridge Parkway and the Great Smoky Mountains National Park. Hunting is illegal at any time within the National Parks. Hunting on Forest Service land is only permitted during open season and in compliance with federal and state law.
To report Lacey Act violations, including the illegal hunting of American Black Bears, within National Parks and National Forests, please call the Law Enforcement Desk of the Great Smoky Mountains National Park at 1-865-436-1230, The North Carolina State Wildlife Hotline at 1-800-662-7137, U.S. Fish and Wildlife Service, 1-828-258-2084 or the National Forests at 1-828-231-0288.
The investigation was conducted by the United States Forest Service. The prosecution was handled by Assistant U.S. Attorney Richard Edwards of the U.S. Attorney’s Office in Asheville.
Ridgeway County Man Sentenced to Imprisonment for Manufacturing MarijuanaRead the Press Release
Daniel J. Fulkerson, 39, of Ridgeway, Illinois, was sentenced today in United States District Court in Benton to a term of 60 months in prison for growing over 100 marijuana plants and conspiring with others to do so, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois. Fulkerson previously pled guilty to a two-count indictment charging him with conspiring with two other individuals to manufacture over 100 marijuana plants (count 1) and manufacturing over 100 plants (count 2).
The offenses occurred in Gallatin County between April 2012, and August 29, 2012. On August 29th, law enforcement agents conducted ground surveillance on three marijuana plots which they had identified from the air and took Fulkerson and co-defendant Paul E. Reynolds, also of Ridgeway, into custody as they entered the plots to water and tend the plants. A total of 132 plants were seized.
In addition to the 5 year term of imprisonment, Fulkerson was ordered to pay the United States fines and special assessments totaling $400 and was placed on a 4 year term of supervised release to follow his incarceration. Fulkerson was returned to the custody of the United States Marshal to await designation by the Federal Bureau of Prisons to one of its facilities.
Reynolds has also pled guilty to the same charges. His sentencing is set for Thursday, April 25th at 10 a.m. at the United States District Courthouse in Benton.
The case was investigated by the Carmi office of the Southern Illinois Drug Task Force.
The case is being prosecuted by Assistant United States Attorney James M. Cutchin.
Richmond Man Sentenced to 70 Months for Receipt of Child PornographyRead the Press Release
RICHMOND, Va. – Michael Winston Baynes, 60, of Richmond, Va., was sentenced today to 70months in prison and a $2,500 fine, followed by 10 years of supervised release, for Receipt of Child Pornography, in violation of 18 U.S.C. § 2252A(a)(2)(A).
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, made the announcement after sentencing by United States District Judge Henry E. Hudson. Baynes pled guilty on January 4, 2013.
According to court documents, Baynes ordered a two-disc set of child pornography on the internet from a Canadian company. A search warrant executed at his home uncovered an additional seven discs of child pornography movies. Much of Baynes’s former employment involved extensive contact with children, including work at a private school in Henrico County and for a county recreation department.
This case was investigated by the United States Postal Inspection Service and is part of Operation Spade. Assistant United States Attorney Jessica Aber Brumberg prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Raleigh Man Sentenced as Felon in Possession of A FirearmRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today GREGORY KEITH CREARY, 38, of Raleigh, North Carolina was sentenced by United States District Judge Terrence W. Boyle to 46 months imprisonment, followed by three years of supervised release.
On January 3, 2013, CREARY pled guilty to possession of a stolen firearm and ammunition and aiding and abetting in violation of Title 18, United States Code, Sections 922(j), 924(a)(2) and 2.
According to the investigation, on November 30, 2010, CREARY and a co-defendant broke into a home in Wake County and stole personal items including a .22 caliber revolver.This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Wake County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney S. Katherine Burnette prosecuted the case.
Project Safe Neighborhoods: America’s Network Against Gun Violence in the Eastern District of North CarolinaRead the Press Release
FAYETTEVILLE – Thomas G. Walker, United States Attorney for the Eastern District of North Carolina, announced today that the United States Attorney’s Office is continuing in their battle against gun violence. The Project Safe Neighborhoods (PSN) program continues to encourage federal, state, and local agencies to cooperate in a unified “team effort” against gun crime.
Since 2002, the United States Attorney’s Office for the Eastern District of North Carolina, working with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and other federal and state agencies has committed itself to aggressively pursue the goals of Project Safe Neighborhoods.
These goals include the opportunity to give identified offenders a second chance to become productive citizens by conducting offender notification meetings in which not only the stiff consequences of their actions are explained but offers of assistance through community resources such as drug treatment, housing and employment are provided.
However, if the offender continues commiting crimes, the District Attorney’s Office frequently will forego the state prosecution of gun crime, in lieu of federal prosecution, where the offender’s sentence is greater under federal guidelines than the State’s guidelines.
Last week, a Federal Grand Jury returned indictments on 12 individuals from the Fayetteville area who were charged with firearm and other related violations. These individuals were arrested this week and have had their initial appearances.
LONNELL DEANGELO MCRAE, 26, has been charged with robbery of a business in interstate commerce, in violation of Title 18, United States Code, Section 1951; brandishing a firearm during a federal crime of violence, in violation of Title 18, United States Code, Section 924(c); carjacking, in violation of Title 18, United States Code, Section 2119; unlawful possession of a firearm by a convicted felon (2 counts), in violation of Title 18, United States Code, Section 924(c); and possession of a stolen firearm, in violation of Title 18, United States Code, Section 922(j). Previous media coverage reported that MCRAE entered the Little Vegas sweepstakes parlor on Owen Drive, displaying handguns, and after assaulting two individuals in the establishment and taking an undisclosed amount of money, stole a customer’s vehicle when fleeing. The maximum penalty is up to a life-term of imprisonment followed by five years of supervised release and a fine of up to $250,000.
DONQUIEZ FRANKIE WILBRIDGE, 24, was charged with possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924. According to previous media reports, on December 2, 2012, WILBRIDGE fired a gun at a off-duty deputies that were at a Waffle House restaurant. The maximum penalty is up to 10 years imprisonment followed by three years of supervised release and a fine of up to $250,000.
CRISTOPHER DEAN GILBERT, 23, was charged in a nine-count Indictment, with one count of conspiring to commit Hobbs Act robbery, in violation of Title 18, United States Code, Section 1951; three counts of Hobbs Act robbery, in violation of Title 18, United States Code, Sections 1951 and 2; one count of using and carrying a firearm during and in relation to a crime of violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A) and 924(c)(1)(A)(ii). According to the Indictment, between October 24, 2012, and December 1, 2012, GILBERT robbed three Taco Bell restaurants in the Fayetteville area. The Indictment further details how GILBERT forced his way into each restaurant. The maximum penalty is up to life imprisonment followed by five years supervised release and a fine of up to $250,000.
CHRISTOPHER HAGEN, 25, was charged in a three-count Indictment with possession with intent to distribute marijuana, in violation of Title 21, United States Code, Section 841(a)(1); discharging a firearm during a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c); and unlawful possession of a firearm and ammunition by a convicted felon, in violation of Title 18, United States Code, Section 922(g). The maximum penalty is up to 20 years imprisonment followed by up to five years supervised release and a fine of up to $250,000. If deemed an Armed Career Criminal, the maximum penalty is up to life imprisonment.
KAREEM DESHAUN GRISSETT, 22, has been charged with two counts of possession of a stolen firearm, in violation of Title 18, United States Code, Sections 922(j) and 924(a)(2). The maximum penalty is up to 10 years imprisonment followed by up to three years supervised release and a fine of up to $250,000.
ROBERT TYCELL LOCKHART, 23, was charged with possession with intent to distribute a quantity of cocaine base (crack), in violation of Title 21, United States Code, Section 841(a)(1); possession with intent to distribute a quantity of oxycodone, in violation of Title 21, United States Code, Section 841(a)(1); and possession of a firearm in furtherance of a drug trafficking offense, in violation of Title 18, United States Code, Section 924(c)(1). The maximum penalty is up to life imprisonment followed by up to five years supervised release and a fine of up to $1,000,000.
ARON LAMAR SEARCY, 27, was charged with unlawful possession of a firearm by a convicted felon. The maximum penalty is up to 10 years imprisonment followed by up to three years supervised release and a fine of up to $250,000. If deemed an Armed Career Criminal, the maximum penalty is up to life imprisonment.
CONFESSOR LUIS SOTO, 40, was charged in a three-count Indictment with unlawful possession of a firearm and ammunition by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924; possession with intent to distribute more than 100 grams of Heroin and a quantity of cocaine, in violation of Title 21, Untied States Code, Section 841(a)(1); and possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c). The maximum penalty is up to a life-term of imprisonment followed by up to five years of supervised release. A Forfeiture Notice has been filed that includes a Chinese Type 56-1, 7.52x39 caliber rifle; a Raven Arms, model MP-25, .25 caliber semi-automatic handgun; and ammunition.
CHRIS EMANUEL STEWART, 35, was charged with unlawful possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924. The maximum penalty is up to 10 years imprisonment followed by up to three years supervised release and a fine of up to $250,000. If deemed an Armed Career Criminal, the maximum penalty is up to a life-term of imprisonment.
PERRY LAMONT SYKES, 35, was charged with unlawful possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924. The maximum penalty is up to 10 years imprisonment followed by up to three years supervised release and a fine of up to $250,000. If deemed an Armed Career Criminal, the maximum penalty is up to a life-term of imprisonment.
BRIAN KEITH TATE, 37, of Raeford, North Carolina, has been charged with unlawful possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924. The maximum penalty is up to 10 years imprisonment followed by up to three years supervised release and a fine of up to $250,000. If deemed an Armed Career Criminal, the maximum penalty is up to a life-term of imprisonment.
VICTOR WHITE, 37, has been charged in a three-count Indictment with possession with intent to distribute a quantity of marijuana, in violation of Title 21, United States Code, Section 841(a)(1); possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A); and unlawful possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924. The maximum penalty is up to a life-term of imprisonment followed by up to five years supervised release and a fine of up to $250,000.
Other recent noteworthy prosecutions include:
JARVIS MCCOY was sentenced to 264 months imprisonment on April 10, 2013, for conspiring to distribute and possess with intent to distribute 280 grams or more of cocaine base (crack) and a quantity of cocaine. According to the investigation, several controlled purchases were performed by the Fayetteville Police Department. Search warrants were executed at MCCOY’s residence where powder cocaine, crack cocaine, drug packaging and manufacturing materials, and cash were found.
MAJOR RAY BROWN was sentenced to 132 months imprisonment on March 20, 2013, for distributing a quantity of cocaine base (crack) and possessing a firearm in furtherance of a drug trafficking crime. The investigation revealed that from August, 2010, to December, 2011, BROWN trafficked in crack and powder cocaine and firearms. On several occasions during this period, BROWN sold the drugs and firearms to confidential informants working under the direction of law enforcement.
ROBERT TYRONE CAMPBELL was sentenced to 188 months imprisonment on November 13, 2012, for unlawful possession of a firearm by a convicted felon. According to the investigation, Fayetteville police received a 9-1-1 call regarding a home invasion, during which 1 shotgun, 2 handguns, 4 rifles, and a laptop were stolen. The investigation revealed that four rifles had been pawned at Jim’s Gun and Pawn Shop and the transactions were recorded on video surveillance. The pawn ticket also revealed CAMPBELL as the person who sold the weapons and the weapons were identified by the owner as having been stolen from his residence.
LEROY EARL LOVELL received 190 months imprisonment on July 25, 2012, for conspiring to distribute and possessing with intent to distribute 50 kilograms or more of marijuana and possessing a firearm in furtherance of a drug trafficking crime. According to court evidence, in April, 2009, a parcel containing illegal narcotics, mailed in Tucson, Arizona, to an address in Fayetteville, North Carolina, came to the attention Arizona law enforcement. The parcel was intercepted in North Carolina by law enforcement and a controlled delivery performed. LOVELL accepted the package and placed it in his vehicle. A traffic stop was performed and after a brief foot chase, LOVELL was apprehended. Inside the parcel, 10 pounds of marijuana was found.
BILLY JOE SCOTT was sentenced to 384 months imprisonment on January 11, 2012, for brandishing a firearm in furtherance of a crime of violence. From November 29, 2010, to January 4, 2011, SCOTT robbed the same Exxon station in Fayetteville four different times. During the last robbery, the clerk was able to sound a silent alarm, to which law enforcement responded. A foot chase ensued to a nearby trailer park where SCOTT was seen stuffing items under one of the trailers. Following SCOTT’s apprehension, a search for the items was begun. A .32 caliber Smith and Wesson Long Model 732 handgun was located.
RAMONE ETHRIDGE received a 120-month sentence on March 15, 2012, for possessing a stolen firearm. According to the investigation, on January 8, 2010, law enforcement received a 9-1-1 call regarding a residential break-in in Cumberland County. A description of the vehicle that had backed into the residence’s driveway and an account of how two men had gotten out of the vehicle, pried open the door to the residence, and taken a television, a game station and two firearms, was given. The vehicle was located and a traffic stop was attempted, however, the driver fled. The vehicle crashed and the occupants, later identified as ETHRIDGE and co-defendant Jerry Donnell Thompson, fled on foot. They were apprehended and inside the vehicle law enforcement found the stolen items.
ANTWOINE SHAVEZZ STANLEY pled guilty on February 12, 2013, to possessing with intent to distribute a quantity of marijuana and possessing a firearm in furtherance of a drug trafficking crime. In April, 2012, Fayetteville police located a suspicious package in the United Parcel Service warehouse. A K-9 officer alerted positive to the presence of narcotics within the package. A search warrant was obtained and six pounds of marijuana was identified in the package. A controlled delivery was conducted, with STANLEY taking possession of the package. Searches of STANLEY’s residence and vehicle were performed. Law enforcement found 1.2354 kilograms of marijuana, 3 grams of synthetic marijuana, $1,800 in cash, a ballistic vest, and a loaded revolver and ammunition.
The ATF Task Force in Fayetteville receives cases on a daily basis for federal prosecution and continues their commitment to assisting in those prosecutions.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
Pennsylvania Resident Enters Plea of Guilty in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
CLARKSBURG, WEST VIRGINIA - A 23 year old Pittsburgh, Pennsylvania, resident entered a plea of guilty on April 10, 2013, in United States District Court in Clarksburg before Magistrate Judge John S. Kull.
United States Attorney William J. Ihlenfeld, II, announced that:
DANNY POSTON entered a plea of guilty to “Possession with Intent to Distribute in Excess of 28 Grams of Cocaine Base within 1,000 Feet of Monticello Avenue Playground” on June 2, 2011. POSTON, who is in custody pending sentencing, faces 5 to 80 years imprisonment and a $4,000,000 fine.
The case was prosecuted by Assistant United States Attorney Zelda E. Wesley and investigated by the Harrison County Drug Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department.
Pennsylvania Man Admits Robbing Two Banks in One MonthRead the Press Release
TRENTON, N.J. — A Pennsylvania man today admitted robbing two banks, one in New Jersey and one in Pennsylvania, in October 2011, U.S. Attorney Paul J. Fishman announced.
Odel Taitt, 33, of Denver, Pa., pleaded guilty before U.S. District Judge Mary L. Cooper to an Information charging him with two counts of bank robbery.
According to documents filed in this case and statements made in court:
Taitt admitted that on Oct. 6, 2011, he robbed the National Penn Bank in Wyomissing, Pa., wearing sunglasses and a baseball cap. He presented the teller with a note demanding money and stating that he had a gun. The teller complied with Taitt’s demands and Taitt fled the bank.
He also admitted that on Oct. 25, 2011, he entered the PNC Bank in Tewksbury Township, N.J., wearing sunglasses and a gray, derby hat. He presented the teller with a note that asked for $20, $50 and $100 bills and again threatened that he had a gun. He received the money and fled the bank. Taitt was apprehended later that day in Hunterdon County.
The charges to which Taitt pleaded guilty are each punishable by a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is currently scheduled for July 16, 2013. Taitt is in federal custody pending sentencing.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation leading to today’s guilty plea. He also thanked the Hunterdon County Prosecutor’s Office, under the direction of Prosecutor Anthony P. Kearns, III; the Union County Prosecutor’s Office, under the direction of Prosecutor Theodore J. Romankow; the Tewksbury Township Police Department, under the direction of Chief Thomas Holmes; the New Providence Police Department, under the direction of Chief Anthony D. Buccelli, Jr.; the Bernards Township Police Department, under the direction of Chief Brian Bobowicz; and the Wyomissing Police Department, under the direction of Chief Jeffrey R. Biehl, for their contributions to the case.
The government is represented by Deputy U.S. Attorney Nelson S.T. Thayer Jr. in Camden and Assistant U.S. Attorney John E. Clabby of the U.S. Attorney’s Office Criminal Division in Trenton.
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Defense counsel: Andrea Bergman Esq. Trenton
Taitt Information
Passport Fraud AllegedRead the Press Release
Emerson Flowers, 49, of Collingdale, PA, was charged today by Indictment with passport fraud, and use of a Social Security number assigned on the basis of false information. These offenses arise from the defendant’s attempt to obtain a U.S. Passport on January 18, 2013 using fraudulent identification in that name, announced United States Attorney Zane D. Memeger.
If convicted, the each defendant faces a maximum possible sentence of 15 years in prison, a fine of up to $500,000, a three-year term of supervised release, and a $200 mandatory special assessment.
The case was investigated by United States State Department and the Social Security Administration and is being prosecuted by Assistant United States Attorney Joel D. Goldstein.
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, 215-861-8525Oxycodone Traffickers Face Federal ChargesRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announces the unsealing of a criminal complaint charging numerous individuals with conspiracy to distribute oxycodone. If convicted, each faces a maximum penalty of 20 years in federal prison. The following individuals were charged in the federal criminal complaint:
Edwin Morales, a.k.a. "Mikey" (51, Palm Bay, FL)
Rafael Rivera, a.k.a. "Chapo" (39, Palm Bay, FL)
Juan Luis Collazo-Pinto, a.k.a. "Pacho" (28, Holyoke, MA)
Carlos Alberto Cotto-Lopez, a.k.a. "Papito" (24, Holyoke, MA)
Jose Manuel Garcia-Santiago, a.k.a. "Cenizo" (28, Puerto Rico, Holyoke, MA)
Edwin Miguel Negron (26, Holyoke, MA)
Heriberto Morales-Hernandez (44, Holyoke, MA)
Isaac Matta-Robles (54, Miami, FL)
Jose Antonio Ortiz-Gonzalez, a.k.a. "Chelo" (49, Puerto Rico)
Francisca Maria Paez (27, Kissimmee, FL)According to the complaint, Edwin Morales and Rafael Rivera managed a Drug Trafficking Organization (DTO) that operated in Florida, Puerto Rico, and Massachusetts. The conspirators fraudulently obtained prescriptions for various controlled substances, mostly oxycodone. Members of the DTO traveled to Florida from Puerto Rico and Massachusetts, and posed as patients at various pain management clinics. These “clinic patients” would obtain prescriptions for oxycodone and provide them to Edwin Morales or Rafael Rivera. Morales and Rivera then filled the prescriptions at pharmacies in the Middle District of Florida. On a number of occasions, Edwin Morales and Rafael Rivera mailed the oxycodone to co-conspirators in Holyoke, Massachusetts. After the oxycodone was sold in Massachusetts, the drug proceeds were deposited at local banks and later withdrawn from bank branches in the Palm Bay area.
A criminal complaint is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation, the U.S. Postal Inspection Service, and the Palm Bay Police Department. It will be prosecuted by Assistant United States Attorney Daniel W. Eckhart.
Nova Datacom, LLC and Its Former President Plead Guilty in Bribery Scheme Involving Government ContractsCompany Paid Public Officials in Return for Millions in Contracts, Submitted Fraudulently Inflated InvoicesRead the Press Release
WASHINGTON – Nova Datacom, LLC, a Northern Virginia company, and its former president, Min Jung Cho, pled guilty today to federal charges stemming from their roles in a bribery and kickback scheme involving corrupt public officials from the U.S. Army Corps of Engineers and the Department of the Army as well as various government contractors.
Nova Datacom admitted to paying more than $15 million in bribes to three public officials in return for contracts awarded through the Army Corps of Engineers and the Department of the Army. In addition, Nova Datacom admitted paying more than $790,000 in kickbacks to executives of two companies that channeled government sub-contracts to the firm.
The guilty pleas were announced by U.S. Attorney Ronald C. Machen Jr.; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI); Peggy E. Gustafson, Inspector General for the Small Business Administration (SBA); Robert E. Craig, Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS), and Frank Robey, Director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU).
The developments are the latest in an ongoing investigation of the largest domestic bribery and bid-rigging scheme in the history of federal contracting cases. Overall, participants in the scheme stole over $30 million in government money through inflated and fictitious invoices.
Nova Datacom, LLC and Min Jung Cho, 44, of Springfield, Va., each pled guilty in the U.S. District Court for the District of Columbia to conspiracy to defraud the United States. In addition, Nova Datacom pled guilty to three counts of bribery.
The Honorable Emmet G. Sullivan scheduled a status hearing for June 27, 2013. No sentencing date was set. Under federal sentencing guidelines, Nova Datacom faces a fine of $39.6 million to $79.2 million. Cho faces a statutory maximum of five years in prison and financial penalties.
Two executives from other businesses pled guilty to charges in recent weeks. All told, 15 individuals and Nova Datacom have pled guilty so far in the investigation.
They include three defendants who worked closely with Nova Datacom throughout the course of the scheme: Kerry F. Khan and Michael A. Alexander, former program managers for the U.S. Army Corps of Engineers, and Harold F. Babb, the former director of contracts at Eyak Technology LLC (EyakTek), an Alaska Native-owned small business.
Three other defendants who worked for Nova Datacom are among those who earlier pled guilty to charges. They include Alex N. Cho, also known as Young N. Cho, the brother of Min Jung Cho and the company’s former chief technology officer; Nick Park, a former employee who later opened his own business, Unisource Enterprise Inc. (UEI), and Theodoros Hallas, the company’s former Executive Vice President of Operations.
As part of the plea agreements, Nova Datacom and Min Jung Cho have agreed to the entry of a forfeiture money judgment against them in the amount of $6.8 million.
“Today’s guilty pleas hold a corporation and its former president criminally accountable for their roles in funneling millions of dollars into a sprawling bribery scheme involving corrupt public officials and compromised government contractors,” said U.S. Attorney Machen. “They also reveal that this brazen fraud extended to the Department of the Army, where a corrupt public official exchanged contracts for cash, gambling in Las Vegas, and a $70,000 Lexus. Fifteen individuals have now pled guilty in this ongoing investigation, and today’s guilty plea by Nova Datacom demonstrates our commitment to holding accountable the corporations that benefit from crimes committed by their officers and employees.”
“Today’s pleas are yet two more admissions of guilt in the largest fraud scheme in the history of federal contracting cases,” said Assistant Director in Charge Parlave. “Together with our law enforcement partners, the FBI will continue to combat bribery and fraud, and we will ensure those who engage in such illegal activity are brought to appropriate justice.”
“The use of bribes and kickbacks to secure government contracts will not be tolerated in SBA’s 8(a) Business Development Program,” said SBA Inspector General Gustafson. “The SBA OIG appreciates the leadership of the U.S. Attorney’s Office and the support of our interagency partners in bringing forth these plea agreements.”
“At a time when Government and taxpayer resources are being stretched to their limits and our Service members continue to make sacrifices to protect our national security, it is detestable that Nova Datacom would blatantly conspire to defraud the Government and, eventually, the American warfighter,” said Special Agent in Charge Craig of DCIS. “The illegal manipulation of contracts to facilitate bribes and kickbacks that circumvent the military contracting process costs the taxpayer and warfighter alike. This investigation sends a clear message to those who may follow in the defendants’ footsteps—the Defense Criminal Investigative Service and our law enforcement partners will take aggressive action to identify and investigate those that endeavor to take advantage of the Department of Defense and the men and women of the Uniformed Services.”
Nova Datacom provided information assurance and security services to commercial companies and federal departments and agencies. The bribery charges involve Nova Datacom’s dealings with an unnamed former official with the Department of the Army and with Khan and Alexander of the Army Corps of Engineers. Evidence shows that the schemes began in 2007, as Nova Datacom moved heavily into government contracting.
According to the government’s evidence, Alex Cho founded Nova Datacom in 2004 and was its sole owner until 2007. That year, he transferred complete ownership of the company to his sister to enable the firm to apply to the Small Business Administration for status as a woman-owned, minority small business. This would give the company an advantage in securing government contracts. At the time of the transfer, Alex Cho did not intend that his sister would control Nova Datacom or control its day-to-day operations. Later in 2007, based on false representations the SBA certified Nova Datacom.
From 2007 through 2010, Nova Datacom sought government business by submitting false past performance references and evaluations that fraudulently burnished its qualifications. The company also engaged in bribery to win government contracts.
Scheme Involving the Army Corps of Engineers
According to the government’s evidence, one scheme involved bribery payments and promises to Khan and Alexander. Starting in 2007, Alex Cho, Min Cho, Park, and other representatives of Nova Datacom paid Khan and Alexander in exchange for their steering contracts and subcontracts from the U.S. Army Corps of Engineers to the company. Some subcontracts were awarded through Babb’s firm, EyakTek, and Babb also received kickbacks.
At Khan’s direction, Nova Datacom submitted fraudulently inflated quotes to the Army Corps of Engineers and EyakTek for the work performed. The fraudulently inflated amounts were referred to by Khan as “overhead,” and they generated the illicit proceeds of the scheme.
From in or about the spring of 2007 through Oct. 4, 2011, when Khan, Alexander and Babb were arrested, the U.S. Army Corps of Engineers awarded contracts and sub-contracts to Nova Datacom that included in excess of $20 million in “overhead.” Nova Datacom used portions of this “overhead” to make payments benefiting Khan, Alexander, Babb and others.
For example, Nova Datacom and its representatives gave, offered and promised things of value directly and indirectly to Khan in excess of $14 million. The company and its representatives offered, promised and provided things of value directly and indirectly to Alexander of approximately $1 million.
Finally, Nova Datacom and its representatives offered, promised and provided kickbacks directly and indirectly for the benefit of Babb in excess of $400,000.
Law enforcement stepped in as plans were in development to steer a long-term contract worth up to $780 million to Nova Datacom as the primary contractor.
Schemes Involving the Department of the Army
According to the government’s evidence, Alex Cho and Park paid a person identified as “Public Official C” a total of $50,000 in cash in 2007 in return for the award of subcontracts to Nova Datacom. In addition, they provided the official with first-class airline upgrades, entertainment, casino chips and lodging in Las Vegas. The official recommended the company receive a subcontract valued at nearly $330,000.
Also, in 2010, Alex Cho agreed to pay kickbacks to another businessman in return for subcontracts awarded to Nova Datacom through the Army. Oh Sung Kwon, also known as Thomas Kwon, was the co-founder and chief financial officer of Avenciatech, Inc. He helped Nova Datcom win a subcontract worth more than $1.4 million. Nova Datacom paid approximately $390,000 in profits derived from this contract for the benefit of Kwon.
Other Guilty Pleas
John Han Lee, 42, a co-founder of Unisource Enterprise Inc. (UEI), pled guilty on March 29, 2013 to one count of bribery and one count of conspiracy to commit bank fraud.
Lee, 42, of Ashburn, Va., admitted taking part in schemes between 2008 and 2011 with “Public Official C” at UEI and two other firms that he later joined, “Company E,” and Avenciatech, Inc. With assistance from “Public Official C,” who had a secret ownership in UEI and Avenciatech, the companies got sub-contracts; in turn, they provided “Public Official C” with benefits including golf outings, hotel stays, a trip to the Bahamas, cash payments, a Lexus automobile worth about $69,000, meals and entertainment.
In addition, Lee admitted joining in a mortgage fraud scheme in northern Virginia between 2004 and 2008 that cost lenders more than $1.2 million.
King Everett Johnson, a former employee of UEI and the founder of Integrated Business and Technology Solutions, LLC (IBATS), pled guilty on March 29, 2013 to one count of conspiracy to commit wire fraud. Johnson, 42, of Jersey City, N.J., admitted participating in the conspiracy in 2009 with others, including “Public Official C,” who at the time was an assistant project manager for the U.S. Army based in Seoul, South Korea. In collusion with “Public Official C,” Johnson submitted fraudulent invoices from IBATS, totaling $124,163, to the Department of the Army through Company E. He received the proceeds, transferred $40,000 for the benefit of Kwon, and kept the rest for himself.
The others who earlier pled guilty to charges include Kerry Khan’s son, Lee A. Khan; Kerry Khan’s brother, Nazim Khan; Larry G. Corbett, owner of Core Technology LLC and Enterprise Technical Solutions, Inc.; Robert L. McKinney, the president of Alpha Technology Group, Inc., a provider of program management services; James Edward Miller, formerly of Virginia Beach, Va., the owner of Big Surf Construction Management LLC; and Kwon, the co-founder and chief executive officer of Avenciatech, Inc.
In announcing the guilty pleas, U.S. Attorney Machen, Assistant Director in Charge Parlave, Special Agent in Charge Kelly, Inspector General Gustafson, Special Agent in Charge Craig, and Director Robey thanked those who investigated the case from the FBI’s Washington Field Office; the Office of the Inspector General for the Small Business Administration; the Department of Defense’s Defense Criminal Investigative Service; the Defense Contract Audit Agency; the Washington Field Office of the Internal Revenue Service-Criminal Investigation, and the Army Criminal Investigation Command. They also expressed thanks to the U.S. Marshals Service for its assistance on the forfeiture matter.
They also praised the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michael K. Atkinson, Bryan Seeley, and James Smith of the Fraud and Public Corruption Section and Assistant U.S. Attorney Anthony Saler of the Asset Forfeiture and Money Laundering Section.
Finally, they expressed thanks for assistance provided by Stephanie Brooker, former Chief of the office’s Asset Forfeiture and Money Laundering Section; Forensic Accountant Maria Boodoo; Paralegal Specialists Tasha Harris, Lenisse Edloe, Shanna Hays, Taryn McLaughlin, Christopher Samson, and Nicole Wattelet, and Legal Assistants Krishawn Graham and Jessica McCormick.
13-129North Attleboro Bank Employee Sentences for Bank FraudRead the Press Release
BOSTON - A North Attleboro woman was sentenced yesterday in federal court for taking over $112,000 from the bank where she was employed.
Debra S. Antonitis, 45, was sentenced by U.S. District Judge William G. Young to time served, to be followed by two years of supervised release, of which six months will be served in home detention. Antonitis was also order to pay restitution of $92,128.95 and a $100 special assessment. The Court also entered a forfeiture order of $112,385. Antonitis pleaded guilty to one count of bank fraud on Jan. 14, 2013.
Between April 2006 and early January 2012, Antonitis made 143 fraudulent transfers of funds through the records system of the bank where she worked, in order to take approximately $112,385. Antonitis conducted each of these fraudulent transfers by creating fictitious withdrawals from customers’ accounts and transferring the funds to herself in cash or in deposits to her own accounts. She covered up her thefts by creating false entries in the bank’s records to make it appear that customers had withdrawn the funds.
United States Attorney Carmen M. Ortiz and Richard Deslauriers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Division made the announcement. The case was prosecuted by Assistant U.S. Attorney Sara Miron Bloom of Ortiz’s Economic Crimes Unit.
Nineteen Charged After Fbi Task Force Investigation into Gang-related Drug Trafficking in HartfordRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, Kimberly K. Mertz, Special Agent in Charge of the Federal Bureau of Investigation, and Hartford Police Chief James C. Rovella, today announced that 19 individuals have been charged with federal narcotics offenses related to the distribution of heroin and cocaine in and around Hartford. Seventeen individuals were arrested this morning, and two are currently being sought by law enforcement.
Today’s arrests stem from “Operation Solid Sweep,” a joint law enforcement investigation headed by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes Task Force and the Hartford Police Department’s Vice and Narcotics Squad targeting gang-related narcotics trafficking in Hartford’s South End. The investigation included the use of court-authorized wiretaps, controlled purchases of narcotics and physical surveillance.
In association with today’s arrests, law enforcement officers executed multiple search warrants and seized narcotics, one firearm, approximately $200,000 in cash, and three vehicles.
“I want to commend the excellent work and full commitment of the FBI, Hartford Police Department, Connecticut State Police, and all of our law enforcement partners who participated in this successful investigation and assisted with today’s arrests,” stated U.S. Attorney Fein. “The U.S. Attorney’s Office is committed to using the full weight of federal law to prosecute narcotics traffickers to make our communities safer.”
“Operation Solid Sweep has effectively disrupted a criminal enterprise that, as we allege, involved members of the Los Solidos gang and others who were responsible for an extensive narcotics trafficking operation in Hartford’s south end,” stated FBI Special Agent in Charge Mertz. “Together with our federal, state and local partners, the FBI led Northern Connecticut Violent Crimes Gang Task Force will continue to combat gang activity in order to reduce violence throughout the region.”
As alleged in a criminal complaint unsealed today in Hartford federal court, the investigation revealed that Angel Rosa, also known as “Little,” of New Britain, is a member of the Los Solidos street gang and the head of a drug trafficking organization that distributed heroin and cocaine from 584 Zion Street in Hartford. Little’s brother, Angel Rosa, also known as “Mo Betta” and “Fab,” oversaw and supervised the narcotics operation by ensuring that organization’s distribution locations were adequately supplied, and by coordinating a network of individuals who sold heroin and cocaine to customers. The investigation also revealed that the organization used residences on Gilman Street, Campfield Avenue and Zion Street in Hartford to store and distribute narcotics.
The criminal complaint charges the following 19 individuals with conspiring to distribute heroin and/or cocaine:
ANGEL ROSA, a.k.a. “Mo Betta” and “Fab,” 42 of Sherbrooke Ave., Hartford, ANGEL ROSA, a.k.a “Little,” 36, of Maple Street, New Britain, ANGEL ROSA, a.k.a. “Booby,” 20 of Park Ave., East Hartford, ANGEL ROSA, a.k.a. “Bebo,” 18, of Maple Street, New Britain, JOSE ROSA, a.k.a. “Joselito,” 25, of Zion Street, Hartford
HECTOR QUINONES, a.k.a. “Jumbe,” 51 of Wethersfield Ave., Hartford, OTILIA DIAZ, 37, of Campfield Ave., Hartford, JOSE NEGRON*, a.k.a. “Chino,” 28, of Folly Brook Drive, Wethersfield, IRAN NEGRON, a.k.a. “Face,” “Cara,” and “Pete,” 44, of Gilman Street, Hartford, JARED PENNELL, 29, of Norwich-New London Turnpike, Uncasville, ANDREW MORRISON, 23 of Zion Street, Hartford, ORLANDO TORRES, a.k.a. “Menor,” 26, of Zion Street, Hartford, NORMA TORRES, 56, of Zion Street, Hartford, NATIVIDAD MENDEZ, a.k.a. “Coca,” 36, of Maple Street, New Britain, LUIS ANTONIO MENDEZ*, 31 of Brown Street, Hartford, ANTONIO SANCHEZ, a.k.a. “Cano,” 38, of Madison Street, Hartford, FLORENCIO ORTIZ, a.k.a. “Pacheco,” 55, of Ellis Street, New Britain, JERRY MERCADO, 27, of Zion Street, Hartford, NORMAN BARNABY, 32, of Robin Road, Windsor Locks.(*Jose Negron and Luis Antonio Mendez are currently being sought by law enforcement.)
The individuals arrested today appeared before United States Magistrate Judge Thomas P. Smith in Hartford. Based on the quantity of narcotics involved in this conspiracy, the government is seeking pre-trial detention on the majority of the defendants who, if convicted, face mandatory minimum terms of imprisonment of five or ten years.
U.S. Attorney Fein stressed that a complaint is only a charge and not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes Task Force, which includes members of the Connecticut State Police, Hartford Police Department, Connecticut Department of Correction and Connecticut National Guard. The Connecticut State Police’s Emergency Services Unit, Hartford Police Department’s Emergency Response Team, Capital Region Emergency Response Team, Drug Enforcement Administration, Homeland Security Investigations and the New Britain, East Hartford and Wethersfield Police Departments have provided valuable assistance to the investigation by assisting with today’s arrests.
The case is being prosecuted by Assistant United States Attorney Brian P. Leaming.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]New Town Man Pleads Guilty to Assaulting Federal OfficerRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on April 11, 2013, Vincent Espinoza, 22, New Town, N.D., pleaded guilty in U.S. District Court to a charge of assaulting and resisting a federal officer.
On Nov. 9, 2012, Espinoza was driving a vehicle in New Town and was stopped by a tribal police officer for failing to have his headlights on. At that time, there was an active tribal warrant for Espinoza’s arrest, a fact which Espinoza knew. Upon confirmation of the warrant, the police officer approached Espinoza’s vehicle, held on to his shoulder, and instructed him to exit the vehicle. Espinoza did not exit the vehicle, but instead sped away, causing the officer to be dragged approximately a half city block. The officer fell and struck her head on the roadway. The officer’s injuries required hospitalization.
The charge of assaulting and resisting a federal officer carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Fort Berthold Agency and the Three Affiliated Tribes Police Department.
Sentencing for Espinoza has been scheduled for July 19, 2013, in U.S. District Court in Bismarck, N.D., at 9:00 a.m.
Assistant U.S. Attorney Rick Volk is prosecuting the case.
Nampa Man Sentenced for Illegally Possessing A FirearmRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced the sentencing yesterday of Jesus Manuel Zuniga, 28, of Nampa, Idaho, for unlawful possession of a firearm, and for violating the terms of his supervised release. Zuniga, a member of the Nampa Northside Gang, was ordered by Chief U.S. District Judge B. Lynn Winmill to serve 64 months in prison followed by three years of supervised release. Zuniga pleaded guilty to the charge on January 31, 2013.
In his plea, Zuniga admitted that on October 30, 2012, a Nampa Police officer initiated a traffic stop on a vehicle pursuant to a warrant for Zuniga’s arrest for violating his federal supervised release. After the vehicle stopped, Zuniga, who was a passenger in the vehicle, attempted to elude two Deputy U.S. Marshals. He was apprehended and arrested in possession of a firearm, later identified as a Phoenix Arms .22 semi-automatic pistol. Judge Winmill found that Zuniga committed an aggravated assault with the firearm against a Deputy U.S. Marshal during the pursuit, and increased his sentence as a result. Because Zuniga had previously been convicted in 2010 of unlawful possession of a firearm, a felony offense punishable by a term of imprisonment exceeding one year, he is prohibited from possessing firearms. Zuniga was on federal supervised release for the previous conviction for unlawful possession of a firearm when he committed this offense.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Nampa Police Department, and the U.S. Marshals Service.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Morgantown Resident Sentenced on Child Pornography ChargeRead the Press Release
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(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
CLARKSBURG, WEST VIRGINIA - A 34-year old Morgantown, West Virginia, resident was sentenced on April 10, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that: JEFFREY SKIDMORE was sentenced to 46 months imprisonment to be followed by six years of supervised release. SKIDMORE entered a plea of guilty on December 12, 2012, to “Accessing with Intent to View Child Pornography” via his computer and the internet on September 8, 2011, in Morgantown. SKIDMORE agreed to voluntarily abandon all interest in the computer equipment used in the commission of the offense and seized during the investigation so that appropriate disposition may be made thereof. SKIDMORE, who is free on bond, will self- report to the designated Federal institution.
The case was prosecuted by Assistant United States Attorney David J. Perri and was investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, 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.