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9 April 2013
Captain of a Maltese Freighter Pleads Guilty in Federal Court to Operating a Vessel Under the InfluenceRead the Press Release
PORTLAND, Ore. - The United States Attorney’s Office, District of Oregon, announces that the Vessel Master of the Adfines East plead guilty to operating a commercial vessel under the influence of alcohol in the Port of Portland. Today, Valeriy Sharykin, 62, a Russian citizen, and captain of a Maltese freighter plead guilty before U.S. Magistrate John V. Acosta.
Defendant Sharykin was charged by information with negligent operation of a commercial vessel, a class A misdemeanor. Sharykin was the licensed Vessel Master on the Adfines East, a 602 foot commercial vessel, weighing over 24,000 gross tons and sailing under the flag of Malta. While conducting an official inspection of the vessel on April 8, 2013, Coast Guard Port State Control examiners from Marine Safety Unit Portland suspected that defendant, the Master of the vessel, was intoxicated based on their observations of his behavior and smell. Coast Guard law enforcement personnel from Station Portland and Coast Guard Investigative Service responded, used a breathalyzer and took the vessel Master into custody with a Blood Alcohol Content (BAC) that was over four times the legal limit.
In effort to eliminate sub-standard ships from U.S. waters, U.S. Coast Guard Port State control examiners board foreign vessels entering U.S. waters on a daily basis. Substandard vessels are those in which the crew, hull, machinery, or equipment such as life-saving, firefighting, or pollution prevention are substantially below the standards required by U.S. law or international convention. It's the U.S. Coast Guard's responsibility to remain vigilant and deter non-compliant vessels from operating in U.S. Waters.
U.S. Attorney Amanda Marshall, said, “Operating a 24,000 ton, 602 foot ship with a blood alcohol level more than four times above the limit is beyond reckless, it’s potentially deadly. The safety of people, property, and the environment on the Columbia River and all US waterways is a top priority for this office. Those who endanger safety in commercial shipping and maritime will be found and prosecuted. I want to thank the Coast Guard for their prompt and professional investigation of this matter bringing this defendant to justice.”
"The Columbia River is a vital transportation mode, source of economic prosperity for the entire Pacific Northwest and an environmental treasure which the Coast Guard is committed to protecting,"said Capt. Bruce Jones, Sector Columbia River Commander. "We will remain vigilant in ensuring those who operate vessels in our waters do so responsibly and in compliance with safety, security and environmental laws. I commend our young but very competent and dedicated Petty Officers for their diligence and thoroughness in the examination of the Adfines East which led to today's arrest."
Defendant was sentenced to two (2) years of probation, including a condition that the defendant is prohibited from sailing, in any capacity, waters subject to the jurisdiction of the United States. Defendant also agreed to pay a $1,000 fine to the court and $1,000 to a community alcohol treatment facility.
This investigation was conducted by the United States Coast Guard Investigative Service, Coast Guard District 13. The case is being prosecuted by Assistant U.S. Attorney Michelle Holman Kerin.
Bradenton Man Sentenced to Fifteen Years in Federal Prison on Gun ChargeRead the Press Release
Tampa, Florida - U.S. District Judge Mary S. Scriven sentenced Robert Lee Lane (27, Bradenton) last week to 15 years in federal prison for being a felon in possession of a firearm. He pleaded guilty on November 27, 2012.
According to court documents, on January 3, 2012, law enforcement officers observed Lane engaging in a drug transaction on the side of the road in Manatee County. When Lane recognized law enforcement, he fled. Officers chased Lane and observed him throw a gun over a fence into the backyard of a local residence. Officers subsequently retrieved the firearm. At the time of his arrest, Lane had multiple previous felony convictions. As such, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was 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.
Boston Area Couple Charged with Sex Trafficking of A ChildRead the Press Release
BOSTON – A Boston area couple were arrested today and charged with sex trafficking a child.
David Minasian, 24, of Malden and Madonna Say, 23, of Lynn, were charged via federal complaint with sex trafficking of a child and sex trafficking by force, fraud and coercion.
According to the affidavit, the investigation revealed that in July 2012, Minasian transported a 15-year-old girl to Florida, causing her to engage in prostitution. After returning to Massachusetts, Minasian and Say photographed the victim wearing revealing lingerie and posing in provocative positions. Minasian and Say then posted these photographs to the adult section of Backpage.com with advertisements soliciting customers for “escort services.” Backpage.com is an Internet site used for advertising commercial sex activity. Customers who responded to the advertisements were directed to where Minasian and Say were staying with the victim to have sex for a fee with her. Minasian and Say also transported the victim to motels inside Massachusetts where they paid for rooms for the purposes of prostituting her.
On the charge of sex trafficking of a child, the statutory minimum penalty is 10 years in prison, followed by five years of supervised release and a $250,000 fine. On the charge of sex trafficking by force, fraud and coercion, the statutory minimum penalty is 15 years, followed by five years of supervised release and a $250,000 fine.
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 today. The case was investigated by the Federal Bureau of Investigation’s Boston Child Exploitation Task Force, which is comprised of members from the FBI, Massachusetts State Police, the Malden Police Department and the Arlington Police Department. It is being prosecuted by Assistant U.S. Attorney Leah Foley in Ortiz’s Civil Rights Enforcement Team.
Border Patrol Agent Pleads Guilty to Accepting a Bribe to Smuggle an Illegal Alien into the United StatesRead the Press Release
ALBUQUERQUE – Gabriel Burke, 43, of Deming, N.M., entered a guilty plea this morning to a felony information charging him with accepting a bribe announced U.S. Attorney Kenneth J. Gonzales and Ervin J. Frankson, Special Agent in Charge of the ICE Office of Professional Responsibility, U.S. Department of Homeland Security.
The felony information to which Burke pleaded guilty charges Burke with corruptly accepting a bribe between Dec. 2011 and Feb. 2012 in Dona Ana County, N.M., for being persuaded to do an act in violation of his official duty. At the time, Burke was a U.S. Border Patrol Agent assigned to the Deming Border Patrol Station.
In entering his guilty plea, Burke admitted that, between Dec. 22, 2011 and Feb. 1, 2012, while he was employed as a Border Patrol Agent, he accepted $1,100 to smuggle an undocumented alien from Mexico into the United States.
Burke was released under pretrial supervision pending his sentencing hearing, which has yet to be scheduled. At sentencing, Burke faces a maximum penalty of 15 years in prison, a $250,000 fine and a mandatory term of supervised release not to exceed three years.
This case was investigated by the ICE Office of Professional Responsibility in El Paso, Texas, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Bluefield Man Sentenced to 10 Years in Prison; Shot and Wounded Confidential Police InformantRead the Press Release
BLUEFIELD, W.Va. –A Bluefield man who admitted to shooting a confidential police informant was sentenced on April 8 to ten years in federal prison on illegal firearm charges. Shawn T. Anderson, 36, of Bluefield, W.Va., previously pleaded guilty in October 2012 to carrying a firearm during and in relation to a crime of violence.
Anderson admitted that on December 6, 2011, he met near Bluefield with an individual who was cooperating with law enforcement authorities. Anderson confronted the informant about cooperating with law enforcement and displayed a gun, attempting to scare the informant out of any further police cooperation. Anderson fired several rounds from the weapon, and one of the rounds struck the confidential informant in the hand.
The Southern Regional Drug and Violent Crime Task Force conducted the investigation. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by Senior United States District Judge David A. Faber.
The case was prosecuted as part of the Bluefield Pill Initiative (BPI). BPI is a collaborative, multi-agency regional law enforcement effort designed to halt prescription drug trafficking in Mercer, McDowell, and Wyoming Counties. The Bluefield Pill Initiative is led by the Southern Regional Drug and Violent Crime Task Force, which includes the West Virginia State Police Bureau of Criminal Investigation; the Mercer, McDowell and Wyoming County Sheriff’s Departments, and the Bluefield and Princeton Police Departments.
This case was also brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Bergen County, N.J., Woman Admits Making False Statements to Homeland SecurityRead the Press Release
NEWARK, N.J. – A Bergen County, N.J., woman today admitted making false statements to special agents of Homeland Security Investigations, U.S. Attorney Paul J. Fishman announced.
Vaidehi A. Patel, 26, of Little Ferry, N.J., pleaded guilty before U.S. District Judge William H. Walls in Newark federal court to an Information charging her with knowingly making materially false statements in a matter within the jurisdiction of the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations (HSI).
According to documents filed in this case and statements made in court:
After agreeing to work as a confidential source for HSI in January 2012, Patel informed a number of people about her cooperation and HSI’s investigation into Vision Career Consultants and PC Tech Learning Center for visa fraud and other crimes. One of the individuals, identified as H.P., who Patel told about the investigation was someone about whom HSI had asked Patel. Subsequently, on Jan. 30, 2012, Patel lied to special agents when she told them that she had not told anyone about her cooperation or the investigation. In particular, Patel denied that she had told H.P. about the investigation.
The charge to which Patel pleaded guilty carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for July 16, 2013.
U.S. Attorney Fishman credited special agents from Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees in Newark, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Shana W. Chen of the Organized Crime/Gangs Unit in Newark.
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Defense counsel: Joseph D. Rotella Esq., Newark
Patel, Vaidehi Information
Atlantic City, N.J., Tax Preparer Admits Filing Fraudulent Income Tax Returns and Becoming A United States Citizen by FraudRead the Press Release
CAMDEN, N.J. – An Atlantic City, N.J., tax preparer today admitted his role in aiding and assisting the preparation of false income tax returns, illegal use of Social Security numbers and unlawfully obtaining United States’ citizenship, U.S. Attorney Paul J. Fishman announced.
Nicolas Gomez-Rua, 54, of Atlantic City, N.J., and Medellin, Colombia, pleaded guilty before U.S. District Judge Noel L. Hillman in Camden federal court to three counts of a 45-count Indictment pending against him.
According to documents filed in this case and statements made in court:
On Oct. 16, 2012, Gomez-Rua was charged in an Indictment with 29 counts of aiding and assisting the preparation of a false income tax return, 10 counts of illegal use of a Social Security number, and two counts of unlawful procurement of citizenship or naturalization. Clara Hernandez-Estrada, Gomez-Rua’s wife, was also charged with unlawful procurement of citizenship or naturalization, false statements in an application for a passport, false claim to U.S. citizenship and aggravated identity theft.
Gomez-Rua was arrested on Nov. 29, 2012, by Homeland Security Investigations special agents at JFK International Airport in New York when he tried to enter the United States from Colombia and was detained.
Between 2008 and 2010, Gomez-Rua operated Quick Tax Solution and Rapid Tax Solution in Ventnor City, N.J. According to Gomez-Rua, he met with clients and obtained information and documents from them which he used to prepare their U.S. Individual Income Tax Returns (1040 Forms). Gomez-Rua admitted that he intentionally included fraudulent items and tax credits, such as false and fraudulent dependents, child tax credits, Earned Income Tax Credit (“EITC”) claims, fuel tax credits and education credits, in order to obtain larger refunds than those to which his clients were entitled.
Gomez-Rua admitted that he maintained a file of Social Security cards and birth certificates for individuals born in Puerto Rico that was used to add fraudulent dependents on the 1040 Forms that were filed with the IRS. Clients paid Gomez-Rua on average $300 to $500 for the use of fraudulent dependents. Gomez-Rua admitted that after preparing the fraudulent returns, he filed the false returns electronically and by U.S. Mail with the IRS.
Gomez-Rua admitted that 729 U.S. individual federal income tax returns containing fraudulent items and credits were prepared by Quick Tax Solution and Rapid Tax Solution on behalf of its clients for tax years 2007 through 2009. Based on the false and fraudulent returns prepared for tax years 2007 through 2009, the United States lost approximately $170,211 in tax revenue.
Gomez-Rua admitted that on March 12, 2009, he filed a Form 1040 Return that he prepared for an individual that contained false deductions, including, Child and Dependent, Car Expenses; Filing Status; and Exemption amount. According to Gomez-Rua, the dependents were added so that the client would receive a bigger refund; the false return caused a loss of $5,827 to the United States.
Gomez-Rua said he was born in Colombia and in October 1993, he illegally entered the United States. Gomez-Rua said that Clara Estrada Hernandez, a citizen of Colombia, also illegally entered the United States from Colombia. Sometime after entering the United States, Gomes-Rua settled in Atlantic City.
While in Atlantic City, Gomez-Rua admitted that he purchased the identity of “Wigaberto Santiago,” including his name, date of birth and Social Security number. Santiago was a citizen of the Commonwealth of Puerto Rico. Gomez-Rua then used that identity to work at various locations in Atlantic City.
Gomez-Rua further admitted that he purchased the identity of “Elizabeth Tirado,” including her name, date of birth and Social Security number, for Hernandez-Estrada. Tirado was a citizen of the Commonwealth of Puerto Rico. Gomez-Rua stated that between 1997 and 2008, Hernandez use the Tirado identity to work in Atlantic City.
Gomez-Rua said that on March 30, 1998, he married Hernandez under the name of Elizabeth Tirado. He admitted that at various times between 1998 and 2008, he prepared and filed with the IRS income tax returns which included W-2 Forms issued to Hernandez under the Tirado identity.
Gomez-Rua admitted that on Feb. 8, 2001, he submitted an application to U.S. Citizenship and Immigration Services for lawful permanent resident status based on his fraudulent marriage to Tirado, a U.S. citizen. On Feb. 13, 2002, U.S. Citizenship and Immigration Services approved Gomez-Rua’s application, granted him permanent resident status in the United States and issued him a “Green Card.”
On May 9, 2006, Gomez-Rua submitted an application to U.S. Citizen and Immigration Services seeking to become a citizen of the United States based on his marriage to a U.S. citizen. Gomez-Rua admitted that he signed the application under penalty of perjury and that the application included the following false representations: that he had never used other names; that he had been married to and living with the same U.S. citizen for the last three years, and that his spouse had been a U.S. citizen for the last three years; and that his spouse was Elizabeth Gomez.
On Feb. 23, 2007, Gomez-Rua was interviewed under oath, subject to the penalty of perjury, by an Immigration Services Officer in Mount Laurel, N.J., and repeated the lies in his application. Gomez-Rua admitted that had he told the Immigration Services Officer the truth then he would not have been eligible to become a United States citizen. On Feb. 27, 2007, U.S. Citizen and Immigration Services approved Gomez-Rua’s application for citizenship and he was naturalized as a citizen of the United States.
The charges to which Gomez-Rua pleaded guilty carry a maximum potential penalty of three years in prison for aiding and assisting the preparation of a false income tax return, five years for illegal use of a Social Security number, and 10 years for unlawful procurement of citizenship or naturalization and a fine of $250,000 per count. Sentencing is scheduled for July 17, 2013.
U.S. Attorney Fishman credited special agents of the IRS – Criminal Investigation, under the direction of Acting Special Agent in Charge Shantelle P. Kitchen; special agents of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees; and special agents of the U.S. Department of State’s Diplomatic Security Service (DSS), under the direction of Robert Goodrich, Special Agent in Charge of the DSS New York Field Office, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney’s Office Criminal Division in Camden.
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Defense attorney: Maggie Moy Esq., Assistant Federal Public Defender, Camden
Gomez-Rua Indictment
Amarillo, Texas, Orthodontist Sentenced to 50 Months in Federal Prison on Health Care Fraud ConvictionRead the Press Release
Dr. Michael David Goodwin Billed the Texas Medicaid Program at Least $2.6 Million for Services He Claimed He Provided
AMARILLO, Texas — Dr. Michael David Goodwin, 63, an orthodontist who practiced in Amarillo, Texas, and Crown Point, Indiana, was sentenced today by U.S. District Judge Mary Lou Robinson to 50 months in federal prison and ordered to pay $1,810,960 in restitution, following his guilty plea in December 2012 to one count of health care fraud related to the Texas Medicaid program. In addition, Goodwin must forfeit $1,558,911, which are the gross proceeds traceable to his offense, as well as more than $244,000 the government seized in May and July 2011 from his JP Morgan Chase accounts. Judge Robinson ordered that he surrender to the Bureau of Prisons on April 29, 2013. 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, from January 2008 through March 2011, Goodwin devised a scheme to defraud the Texas Medicaid program by billing the program at least $2,626,125 for services he claimed he provided, when in fact, as he well knew, some of the services were not medically necessary, or dental assistants provided those services when no dentist or orthodontist was present to supervise, and even when present, did not directly supervise or provide any services.
Goodwin practiced orthodontic dentistry approximately two weeks each month at Goodwin Orthodontics in Amarillo and approximately two weeks each month at his Indiana office. In order to maximize the number of Medicaid patients seen, on numerous occasions, Goodwin had his employees schedule more than 100 patients per day and intentionally schedule large numbers of Medicaid patients for days when Goodwin was scheduled to be out of town. To accommodate the large volume of patients, Goodwin directed dental assistants to perform impermissible acts, including comprehensive examinations, diagnoses and treatment planning for Medicaid patients when he knew that only licensed dentists were permitted to perform those acts.
Goodwin devised a generic treatment guideline for dental assistants to follow in treating Medicaid beneficiaries that included dental assistants making treatment decisions at most appointments, without Goodwin examining the patients; confirming or revising the diagnoses; or confirming or revising the treatment plans. Goodwin also caused his billing staff to falsely and fraudulent state on Medicaid claims that he was the performing provider for all services that had been impermissibly delegated to and performed by dental assistants.
In April 2009, Goodwin hired substitute general dentists to create the appearance of direct supervision of dental assistants when he was away from the office. These substitute dentists were not enrolled Medicaid orthodontic providers. These substitutes did not provide services to Medicaid beneficiaries, did not directly supervise the dental assistants who provided the services, and were not always present in the office for orthodontic procedures. Again, Goodwin caused his billing staff to falsely and fraudulently state on Medicaid claims that he was the performing provider for all services performed when he was out of town and dental assistants provided those services when a substitute dentist was present to supervise, but did not directly supervise or provide any services.
Goodwin also instructed his dental assistants to falsely and fraudulently indicate in the patient records that an “adjustment” was performed on every visit, except for the initial consult, when no such adjustment had been provided and when he knew this violated Medicaid Rules.
The case was investigated by the Medicaid Fraud Control Unit of Office of the Texas Attorney General and the FBI. Assistant U.S. Attorney Christy Drake and Special Assistant U.S. Attorney Sally Helmer were in charge of the prosecution, and Assistant U.S. Attorney Diane Kozub handled the forfeiture.
Administrator of Student Health Insurance for Virginia Tech Charged in 57-count Federal IndictmentRead the Press Release
ABINDGON, VIRGINIA -- United States Attorney Timothy J. Heaphy announced today that a Federal Grand Jury sitting in the United States District Court for the Western District of Virginia in Abingdon has charged GM-Southwest Inc., and the company’s former owner, with racketeering, conspiracy, money laundering and fraud charges.
In a sealed indictment returned April 8, 2013 and unsealed today, the grand jury has charged John Paul Gutschlag Sr., 73, of Aubrey, Texas and GM-Southwest, Inc., in a 57-count indictment. Gutschlag, the former owner of GM-Southwest and the corporation have been charged with one count of racketeering, one count of conspiracy to commit wire fraud, seven counts of wire fraud, one count of conspiracy to commit mail fraud, 41 counts of mail fraud, one count of money laundering conspiracy and five counts of money laundering. The Indictment also seeks forfeiture of real and personal property, including business and personal bank accounts associated with the defendants.
According to the indictment, under the direction of Gutschlag, GM-Southwest was in the business of collecting health insurance premiums from students and universities, paying claims and providing reports related to the premium collection and claims payment both to the university and the carriers. The carriers, in turn, paid GM-Southwest a set commission or fee, typically a percentage of the gross premium collected.
From August 2003 through the end of the 2010-2011 school year, GM-Southwest, under the direction of Gutschlag, provided student health insurance for Virginia Tech’s undergraduate and graduate students. The indictment alleges that in 2005, Gutschlag, and others, devised a scheme to defraud colleges and universities by providing false and fraudulent claims reports and other misrepresentations designed to increase the income of GM-Southwest and to personally enrich Gutschlag. They did this by devising and utilizing a “claims modifier” to alter the claims numbers to produce an inflated dollar amount which overstated the claims paid and loss ratios, causing students and Virginia Tech to pay significantly higher premium costs.
The indictment accuses Gutschlag and GM-Southwest of overstating the amount of claims paid on behalf of Virginia Tech by over $9 million from 2003-2004 through the 2009-2010 academic years.
If convicted, Gutschlag faces a maximum possible penalty of up to 20 years in prison on each count and/or fines ranging from $250,000 to $500,000 on each count. GM-Southwest Inc. faces corporate probation and/or fines ranging from at least $500,000 per count.
The investigation of the case is being conducted by the Internal Revenue Service Criminal Investigation. Assistant United States Attorneys Anthony Giorno and Randy Ramseyer will prosecute the case for the United States.
Acoma Pueblo Man Pleads Guilty to a Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Eric Thomas Valley, 42, pleaded guilty this morning to a domestic assault by a habitual offender charge under a plea agreement that requires him to serve a 40 month federal prison sentence. Valley’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Police Chief Vincent M. Mariano of the Acoma Tribal Police Department.
Valley, a member and resident of Acoma Pueblo, was arrested on Oct. 23, 2012, based on a criminal complaint alleging that he assaulted his domestic partner, also a member of Acoma Pueblo, by striking her in the head with a wooden rolling pin on Oct. 10, 2012. The victim sustained numerous injuries, including three lacerations to the head that had to be stapled closed, as a result of the assault.
This morning, Valley pled guilty to Count 1 of a three-count indictment charging him with domestic assault by a habitual offender; assault resulting in serious bodily injury; and assault with a dangerous weapon. In entering his guilty plea, Valley admitted assaulting his girlfriend on Oct. 10, 2012, on Acoma Pueblo. Valley also admitted that he previously has been convicted on domestic violence offenses on two occasions. Court records reflect that Valley has prior convictions for (1) battery on a household member in Magistrate’s Court in Cibola County, N.M., in June 2005, and (2) battery against a household member in Acoma Tribal Court in May 2009.
Valley has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Laguna/Acoma Agency, and the Acoma Tribal Police Department, and is being prosecuted by Special Assistant U.S. Attorney David Adams and Assistant U.S. Attorney Kyle T. Nayback.
This case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
"Bank Bag Bandit" Sentenced to 27 Years in Federal PrisonRead the Press Release
Tampa, Florida - U.S. District Judge James D. Whittemore sentenced David Dwinell yesterday to 27 years in federal prison for bank robbery and using a firearm in furtherance of a crime of violence. The court also ordered Dwinell to forfeit $13,786.50, which is traceable to proceeds of the offense. As part of his sentence, the court also entered a restitution order in the amount of $38,882.50, the amount stolen from the banks. Dwinell pleaded guilty on January 10, 2013.
According to court documents, Dwinell committed five armed bank robberies in Pasco, Hillsborough, and Hernando counties. He entered the banks wearing a dark colored hat, sunglasses, a mask over his face, and a dark colored jacket. He carried a blue zippered bank bag and a silver revolver. During the robberies, Dwinell brandished the firearm as he approached the teller counters and demanded money. Several of the victims observed him fleeing after the robberies in a gray truck.
During a search of Dwinell's residence, agents located a loaded silver .38 revolver, a black baseball hat, latex gloves, a beige mask (panty hose), black zip-up jacket, a blue bank bag (which contained the latex gloves and panty hose) and a second blue zippered bank bag. Dwinell told law enforcement these were the items he used in the bank robberies. Agents also located 100 single one dollar bills, and 50 ten dollar bills. Some of the money was still in bank bands and was found located with the revolver in Dwinell's desk. An additional $6,762.00 was located in Dwinell's office inside a blue bag.
During a search of the truck used by Dwinell in the bank robberies, officers located 62- five dollar bills under the steering column and one black glove. Dwinell admitted that he committed the five armed robberies. He stated that he robbed the banks because his house was in foreclosure and he had previously owed the Internal Revenue Service money.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Stacie B. Harris and Colleen Murphy Davis.
8 April 2013
York Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 8, 2013, Matthew David Siebrass, 27, of York, was sentenced to 10 years and one month (121 months) for his role in a conspiracy to distribute methamphetamine in the Lincoln and York areas between March of 2011 and November of 2011. Siebrass was also ordered to forfeit $1,837 in cash to the United States. Following the prison term, Siebrass will serve five years on supervised release.
Information provided to law enforcement indicated that Siebrass was responsible for the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine during that time frame. In June of 2011, Siebrass was stopped by a Nebraska State Patrol trooper for speeding on Interstate 80 on his way back to York. Prior to the stop, Siebrass was seen leaving a Lincoln residence suspected to be involved in the distribution of drugs. Siebrass was found to be in possession of approximately 1 ¾ ounces of methamphetamine which Siebrass said he had obtained at the Lincoln residence. A search at that residence on the following day resulted in the finding of an additional ¼ ounce of methamphetamine. In September of 2011, Siebrass was stopped by Lincoln Police officers after leaving the same Lincoln residence. A small amount of methamphetamine was found in his possession along with $1,837 in cash.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff's Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police Department, and by the Nebraska State Patrol.
York Man Sentenced to 30 Years’ Imprisonment for Armed Robbery of Etters BankRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tristan Green, age 28, of York, Pennsylvania, was sentenced April 4 by U.S. District Court Judge Christopher C. Conner to a 360-month (30 years) term of imprisonment for the armed robbery of the Fulton Bank in Etters, Pennsylvania. Judge Conner also ordered that Green serve three years of supervised release and pay $13,761 in restitution.
According to United States Attorney Peter J. Smith, on September 16, 2011, the Fulton Bank located at 2220 Old Trail Road, Etters, Pennsylvania, was robbed at gunpoint and over $13,000 was stolen from the bank.
Green, and co-defendant, Willie Elmore, of Brooklyn, New York, were indicted in December 2011 on charges of armed bank robbery and possession of a firearm in furtherance of a crime of violence.
In August 2012, following a four-day trial, Elmore and Green were convicted for the armed robbery of the Fulton Bank.
Elmore was sentenced in February 2013 to a 168-month term of imprisonment. Elmore was also ordered to pay $13,761 in restitution which will be paid jointly with Green.
Green faces additional prison terms associated with the robberies of three other banks. In January 2013, a jury returned a guilty verdict on armed robbery charges associated with the robbery of the Sovereign Bank, 1442 Bannister Street, York, PA; the Heritage Valley Credit Union, 777 Kings Mill Road, York, PA; and the Sovereign Bank, 519 South 29th Street, Harrisburg, PA. The maximum penalty under the federal statute is life imprisonment. Green faces a mandatory minimum of 900 months imprisonment. A sentencing date has not been scheduled.
This case was investigated by the Federal Bureau of Investigation, Capital City Safe Streets Task Force; Pennsylvania State Police; York City Police Department; Newberry Township Police Department; Springettsbury Township Police Department; Hellam Township Police Department; Northern York County Regional Police Department and the York County District Attorney’s Office Criminal Investigation Division. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.Wanblee Woman Indicted for Drug ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota woman has been indicted by a federal grand jury for conspiring with others to distribute methamphetamine in South Dakota and elsewhere from August 2009 to February 2013.
Shy Bettelyoun, age 29, was indicted by a federal grand jury on February 20, 2013 for Conspiracy to Distribute a Controlled Substance. She appeared before U.S. Magistrate Judge Veronica L. Duffy on April 2, 2013 and pled not guilty to the indictment. The penalty upon conviction is a minimum of 5 up to 40 years’ imprisonment and/or a $5,000,000 fine.
The charge is merely an accusation and Bettelyoun is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Federal Bureau of Investigation, and Rapid City Police Department. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Bettelyoun was released on bond pending trial. A trial date has been set for June 11, 2013.
Wakpala Man Sentenced for Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota man convicted of two counts of Possession of a Controlled Substance was sentenced on April 4, 2013 by U.S. Magistrate Judge William D. Gerdes.
Dustin Swimmer, age 27, was sentenced to time served, a $2,000 fine, and a $50 special assessment to the Victim Assistance Fund.
Swimmer was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on June 12, 2012 and pled guilty to an Information in December, 2012. The charge stems from an incident occurring between December 23, 2011 and December 28, 2011 in which Swimmer knowingly and intentionally possessed cocaine and methamphetamine, both controlled substances.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
U.S. Obtains Permanent Injunction Against New York Dietary Supplement Firm’s OperationsRead the Press Release
U.S. District Court Judge Joseph F. Bianco entered a consent decree of permanent injunction between the United States, Kabco Pharmaceuticals Inc. and its CEO and President Abu Kabir, the Justice Department announced today. The consent decree entered by the court enjoins the defendants from violating the Federal Food, Drug and Cosmetic Act (FDCA) in connection with their manufacturing, packing and distributing of dietary supplements.
In a complaint filed with the court, the United States alleged that Food and Drug Administration (FDA) inspections found that Kabco distributed dietary supplements, including Brewers Yeast Tablets, Dandelion Root Capsules, Night-Time Herb Capsules, Inositol Calcium & Magnesium Capsules, Vitamin C-500 with Rose Hips Time Released Tablets and Joint All Capsules, that did not meet product specifications. As alleged in the complaint, during inspections of the defendants’ manufacturing facilities, FDA investigators found numerous current good manufacturing practice (cGMP) violations. Among other violations, Kabco did not review and investigate product complaints, failed to hold dietary supplements under conditions designed to prevent product mix-ups and included unlabeled raw ingredients in their dietary supplements, including whey polio, an undeclared allergen. Individuals who are allergic to milk could have a serious adverse health reaction from consuming any product with an undeclared milk allergen like whey polio.
“When consumers purchase dietary supplements, they are entitled to know that they got what they paid for,” said Stuart F. Delery, Acting Assistant Attorney General of the Justice Department’s Civil Division. “When supplement manufacturers fail to ensure that their products contain their labeled ingredients – especially when the labels do not warn consumers that the products may contain allergens dangerous to them – they put consumers at risk. We stand ready to take appropriate enforcement steps against the manufacturers who cannot comply with their good manufacturing practice obligations.”
According to the government’s complaint, the FDA previously inspected the defendants’ facility and noted a history of violations and warnings. As a result of the defendants’ most recent violations, as well as a history of unheeded warnings, the Justice Department filed this injunction. Under the consent decree, the defendants agreed to stop manufacturing and distributing dietary supplements until, among other corrective actions, the company demonstrates to the FDA that it is meeting the quality, safety and labeling standards required by law. The consent decree further requires the defendants to engage in appropriate, independent outside oversight to ensure compliance.
Acting Assistant Attorney General Delery thanked the FDA for referring this matter for litigation. Lauren Bell, Trial Attorney at the Consumer Protection Branch of the Justice Department, in conjunction with Melissa Mendoza, Associate Chief Counsel at FDA’s Office of the Chief Counsel, brought this case on behalf of the United States.
Two Women Plead Guilty to AssaultRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 8, 2013, Brittany D. Lafountain, 23, Belcourt, N.D., pleaded guilty in U.S. District Court to a charge of assault resulting in serious bodily injury. On Feb. 20, 2013, co-defendant Shamra L. Campbell, 45, Minot, N.D., pleaded guilty in U.S. District Court to a charge of assault resulting in serious bodily injury.
On Aug. 2, 2012, Lafountain and Campbell assaulted a victim with two walking canes, which resulted in serious bodily injury to the victim. The victim’s injuries were not life threatening but did require hospitalization. The offense occurred at the victim’s residence in Belcourt.
The charge of assault resulting in serious bodily injury carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Turtle Mountain Agency.
Sentencing for Campbell has been scheduled for June 10, 2013, in U.S. District Court in Bismarck, N.D., at 9:45 a.m.
Sentencing for Lafountain has been scheduled for June 24, 2013, in U.S. District Court in Minot, N.D., at 11:15 a.m.Assistant U.S. Attorney Brandi Sasse Russell is prosecuting the case.
Two Rochester Men Plead Guilty to Distributing Crack CocaineRead the Press Release
MINNEAPOLIS—Earlier today in federal court, two Rochester men pleaded guilty to distributing more than 280 grams of crack cocaine. Jimmy Joe Barker, age 26, pleaded guilty to one count of conspiracy to distribute cocaine and crack cocaine, while Quentin Graham, age 27, pleaded guilty to one count of distribution of crack cocaine. Both men were indicted on November 5, 2012, and entered their pleas before United States District Court Judge Joan N. Ericksen.
In his plea agreement, Barker admitted that from April 9, 2010, through April 3, 2012, he conspired with Graham and others to distribute approximately 412.9 grams of crack cocaine and 42 grams of powder cocaine. According to a law enforcement affidavit filed in the case, authorities began investigating Barker in April 2010. They conducted several controlled purchases from him, and during many of those purchases, they observed him in a vehicle that later was determined to be owned by Graham.
While executing a search warrant at Barker’s residence on November 9, 2010, police seized $320 in cash, approximately 31.1 grams of crack cocaine, and approximately 42.3 grams of powder cocaine. Police also searched Graham’s vehicle, which was parked in front of Barker’s residence at the time. From that vehicle, they recovered approximately 124 grams of cocaine.
In his plea agreement, Graham admitted that on April 4, 2012, he traveled with Barker to Rochester Community College for the purpose of delivering narcotics to an individual. Graham specifically carried the bag of narcotics into a building and handed it to the individual, who, in turn, provided money to Barker. The bag contained 124.3 grams of crack cocaine.
For his crime, Graham faces a potential maximum penalty of 40 years in federal prison, with a mandatory minimum penalty of five years. Barker faces a potential maximum penalty of life in prison, with a mandatory minimum penalty of ten years. Judge Ericksen will determine their sentences at future hearings, yet to be scheduled.
This case is the result of an investigation by the South East Minnesota Narcotics and Gang Task Force, the U.S. Drug Enforcement Administration, and the Rochester Police Department. It is being prosecuted by Assistant U.S. Attorneys LeeAnn K. Bell and Surya Saxena.Two Men Sentenced in Connection with Aryan Knights CaseRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced today that two individuals charged in connection with the Aryan Knights investigation were sentenced in United States District Court in Boise earlier today.
Dallas Tyler Thompson, 31, of Boise, was sentenced to 49 months in prison followed by three years of supervised release for unlawful possession of a firearm. Thompson pleaded guilty on January 16, 2013, to possessing a Glock 9 millimeter handgun on June 19, 2012. Thompson is prohibited from possessing firearms because he was previously convicted of the felony crime of aggravated battery in 2001.
Andrew Gallegos, 23, of Boise, was sentenced to 24 months in prison followed by three years of supervised release for unlawful possession of a firearm. Gallegos pleaded guilty to the charge on January 14, 2013. Gallegos admitted that on February 21, 2012, he possessed a Smith & Wesson .357 semi-automatic pistol. Gallegos is prohibited from possessing firearms because he was previously convicted of the felony crimes of possession of a controlled substance and concealment of evidence.
Gallegos and Thompson were charged in two separate indictments filed in August and September 2012, respectively. These two defendants were among 23 people charged as a result of a long term investigation by the Treasure Valley Metro Violent Crimes Task Force. The investigation began when the task force focused on illegal drug distribution by the “Aryan Knights,” a gang active both in prison and on the streets throughout Idaho. Through the investigation, law enforcement agents identified Aryan Knights gang members who were trafficking methamphetamine, as well as associates of the gang who were the source of that methamphetamine.
Of the 23 individuals charged, 20 have pleaded guilty, two have signed plea agreements but have not yet entered guilty pleas, and one is set for trial. Of those who pleaded guilty, six were already sentenced, while 14 are currently awaiting sentencing.
The joint investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF) included the cooperative law enforcement efforts of the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and U.S. Marshals Service. The Twin Falls Police Department, Twin Falls Sheriff’s Office, Idaho State Police, and District 3 Probation and Parole also participated in the investigation.
The Aryan Knights cases are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Two Men Found Guilty of Drug Trafficking ChargesRead the Press Release
PHOENIX – Robert Gene White, 45, of Chandler, Ariz. was found guilty of conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana and less than 500 grams of cocaine, conspiracy to commit money laundering and three counts of transactional money laundering. Nadunt Chibeast, 61, of Tempe, Ariz. was found guilty of conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana and less than 500 grams of cocaine, and conspiracy to commit money laundering. The case was tried before U.S. District Judge Susan R. Bolton from March 19 through April 4, 2013. Sentencing is set before Judge Bolton on July 8, 2013.
“This investigation epitomizes the effectiveness of coordinated federal and local law enforcement agency efforts,” said United States Attorney John Leonardo. “Drug traffickers using legitimate and illegitimate means to move drugs and money will be found out, arrested and prosecuted to the full extent of the law.”
“These guilty verdicts are the result of hard work and a true team effort. We are proud to be part of Operation Green Parcels. Our agents will continue to provide their expertise in narcotics cases by investigating money laundering - a skill that was crucial to the prosecution of these defendants” said Gabriel Grchan, Acting Special Agent in Charge of the Phoenix Field Office of Internal Revenue Service Criminal Investigation.
The trial evidence showed that the drug trafficking organization (DTO) received drugs from Mexico via “backpackers,” repackaged the marijuana into parcels, then shipped it through United Parcel Service (UPS). White, who was a Phoenix UPS driver at the time, knowingly received the packages from the DTO and delivered them into the UPS mail-stream for delivery to customers in New York, Ohio and Virginia. In return, the DTO received parcels of money ranging from $20,000 to $30,000 from the buyers. To conceal who the money was being sent to, the DTO had buyers address returning money parcels to real addresses on White’s delivery route but with fictitious business names and suite numbers that did not exist. White then redirected them to the DTO. White shipped 200 to 300 pounds of marijuana each week for over a year, receiving as much as $50 for each pound of marijuana that went through his truck.
The trial evidence also showed that Chibeast assisted the DTO by driving a suspected drug load, assisting with marijuana packaging and conspiring to launder money. Chibeast allowed the DTO to direct its drug buyers to deposit money into his bank accounts in their home states and then he would transfer the money to the DTO’s bank accounts or withdraw cash to physically provide it to other DTO members.
A conviction for conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana and less than 500 grams of cocaine carries a maximum penalty of life, a $10 million fine or both. A conviction for conspiracy to commit money laundering carries a maximum penalty of 20 years, a $500,000 fine or both. Each conviction for transactional money laundering carries a maximum penalty of 10 years, a $250,000 fine, or both.
The investigation in this case was conducted by the Drug Enforcement Administration, the Internal Revenue Service, and Pinal County Narcotics Task Force officers from the Pinal County Sheriff’s Office, the Coolidge Police Department, the Apache Junction Police Department and the Maricopa Police Department. The prosecution was handled by Glenn McCormick, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-11-01243-PHX-SRB
RELEASE NUMBER: 2013-027_White_etalFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Two District Men Convicted of Conspiracy to Commit Murder and Other Charges for Roles in Gun Battles Between Rival Crews- Crimes Include Multiple Shootings, Homicide -Read the Press Release
WASHINGTON – Two men were found guilty by a jury today of conspiracy to commit murder and other charges stemming from a violent rivalry that unfolded in 2010 between two street crews in Southeast Washington, announced U.S. Attorney Ronald C. Machen Jr.
William Spriggs, 31, and Raymond Davis, 30, were found guilty following a two-month trial in the Superior Court of the District of Columbia. Spriggs also was convicted of charges of first-degree murder while armed, assault with intent to kill while armed, and other gun-related offenses. Davis also was found guilty of assault with intent to kill while armed and weapons offenses. The Honorable John Ramsey Johnson scheduled sentencing for June 28, 2013.
A third defendant, Deante Harding, 25, was found guilty today of conspiracy to assault. Harding was sentenced to time served. All three defendants are from Washington, D.C.
The case centered on a series of shootings that occurred in 2010 in the Benning Terrace neighborhood of Southeast Washington. The rivalry involved individuals from the Avenue, an area in Benning Terrace west of 46th Street SE, and individuals from the Circle, a cul-de-sac in the 600 Block of 46th Place SE. Both crews dealt narcotics, possessed firearms, and sought to evade law enforcement. Spriggs, Davis and Harding were part of the Avenue group.
According to the government’s evidence, during the spring of 2010, individuals from the Avenue traded retaliatory shootings with individuals in the Circle. Davis, for example, on one occasion shot at an individual coming from the Circle. Also, on May 14, 2010, three Avenue members, including Spriggs and Davis, ran into the Circle and fired multiple gunshots, hitting a Circle crew member.
Then, on May 30, 2010, Circle members armed themselves and went to the Avenue and shot at individuals. Several minutes later, several Avenue crew members ran up into the Circle, firing their weapons, where they encountered multiple Circle crew members who fired at them. During the shooting, a bystander from the Circle, Antwan Buckner, 32, was shot and killed.
In its verdict, the jury convicted Spriggs of first-degree murder while armed in the killing of Mr. Buckner, and acquitted Davis of that charge. Harding also was acquitted of some offenses. Harding was arrested in March 2011 and until November 2012 was serving time for a probation violation.
In separate proceedings, other individuals from the Circle were tried and convicted or pled to crimes related to the murder of Mr. Buckner and an additional murder.
In announcing the verdict, U.S. Attorney Machen praised those who worked on the case from the Metropolitan Police Department (MPD) and the U.S. Attorney’s Office, including Paralegal Specialists Fern Rhedrick, Sharon Newman, and Meridith McGarrity; Litigation Technology Specialists Thomas Royal and Kimberly Smith; Victim/Witness Advocate Marcia Rinker and the entire staff of the Victim Witness Assistance Unit, and Assistant U.S. Attorneys Jeff Pearlman and Laura Bach, who investigated and prosecuted the case.
13-123Two Albuquerque Men Arraigned on Federal Charges Arising Out of Commercial Armed Robberies and CarjackingsRead the Press Release
ALBUQUERQUE – Joel Meeks, 19, and Raul Ortega, 20, both of Albuquerque, N.M., were arraigned this morning on an eight-count indictment alleging violations of the Hobbs Act by interfering with a business involved in interstate commerce by robbery, the federal carjacking statute and firearms laws. Both men entered not guilty pleas during this morning’s hearings and are detained pending trial, which has yet to be scheduled.
The indictment alleges that Meeks robbed two Albuquerque businesses in Dec. 2012, and used firearms to perpetrate the robberies. It further alleges that Meeks and Ortega carjacked two vehicles in Jan. 2013, and used firearms to perpetrate the two offenses.
According to the indictment, Meeks robbed a business called “Up in Smoke” at gunpoint on Dec. 6, 2012. Meeks also is charged with robbing a business called “PDQ” at gunpoint on Dec. 7, 2012, and discharging his firearm while committing the offense. Meeks and Ortega are jointly charged with carjacking a Kia Sorento on Jan. 13, 2013 and carjacking a Mitsubishi on Jan. 17, 2013. The two men allegedly brandished firearms while committing the carjackings.
A conviction on each of the two Hobbs Act counts carries a maximum penalty of twenty years of imprisonment and a $250,000 fine. A conviction on each of the two carjacking counts carries a maximum penalty of fifteen years in prison. The three counts alleging the use of a firearm in furtherance of a crime of violence each carry a mandatory seven-year term of imprisonment to be served consecutive to any sentence imposed on the underlying robbery or carjacking. A conviction on the count alleging the discharge of a firearm that was used and carried during a crime of violence carries a mandatory ten-year term of imprisonment to be served consecutive to any sentence imposed on the underlying robbery.
Meeks and Ortega were both in state custody on state charges arising out of the offenses charged in the federal indictment until they were transferred to federal custody for today’s arraignment hearings.
This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the worst of the worst anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from our communities for as long as possible.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Thornton Man Arrested at Denver International Airport (DIA) After Abusive Sexual Contact Wiht Flight Attendant on Spirit AirlinesRead the Press Release
DENVER – Evan Nathaniel Castle, age 24, of Thornton, Colorado, was arrested Friday on charges of abusive sexual contact, after groping a Spirit Airlines flight attendant, United States Attorney John Walsh and FBI Denver Acting Special Agent in Charge Steven Olson announced. Castle appeared in U.S. District Court in Denver this afternoon, where he was advised of his rights, and the charges pending against him.
According to the affidavit in support of the Criminal Complaint, obtained today, Monday, April 8, 2013, Castle was a passenger on Spirit Airlines Flight 562 en route from Las Vegas, Nevada to Denver International Airport. During the flight Castle was served several alcoholic drinks. He then became loud and used profane language. Ultimately, one of the flight attendants told Castle to stop using vulgar language and to quiet down. He refused, and commented that he should date the flight attendant.
As another flight attendant was walking down the aisle of the aircraft, Castle told her she was beautiful. He then told her to “blow off work and come with me.” The flight attendant ignored the comments. As she passed his row, Castle deliberately groped the right cheek of her buttocks and said, “Oh sexy.” This made the flight attendant not want to walk past his seat. The flight attendant that was groped then told the other flight attendant that Castle had “grabbed her butt.”
If convicted, Castle faces not more than 2 years in federal prison, and up to a $250,000 fine.
This case was investigated by the Federal Bureau of Investigation (FBI).
Castle is being prosecuted by Assistant U.S. Attorney James Allison, Chief of the U.S. Attorney’s Office Criminal Division.
A Criminal Complaint is a probable cause charging document. Anyone accused of committing a federal felony crime has a Constitutional right to be indicted by a federal grand jury in Denver.
The charges contained in the Complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.
UPDATE
The crime (abusive sexual contact) took place on Friday, April 5, 2013 aboard Spirit Airlines Flight #562, which landed at DIA at 11:56 a.m. Castle was arrested at that time, and was held in custody over the weekend pending the filing of charges, which took place today, Monday, April 8, 2013. Castle appeared in court this afternoon before a U.S. Magistrate Judge. At that hearing, Castle was released on a personal recognizance bond, with the conditions that he cannot drink alcohol while his case is pending and that he cannot fly on commercial aircraft while his case is pending. He is next due in court on May 6, 2013 for a preliminary hearing. Attached for your information is the Criminal Complaint, which includes things said by Castle to the flight attendants.
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Tacoma Man Sentenced to 33 Months in Prison for Tax Fraud SchemeRead the Press Release
One of four people indicted for scheming to fraudulently claim more than $145,000 in tax refunds using the names and Social Security numbers of inmates at the Washington State Penitentiary at Walla Walla, was sentenced today in U.S. District Court in Tacoma, announced U.S. Attorney Jenny A. Durkan. RICHARD SHANE WRIGHT, 43, was sentenced to 33 months in prison and three years of supervised release for conspiracy to defraud the government. The alleged leader of the conspiracy, Kenneth Randle Door, is scheduled for trial later this year. At sentencing, U.S. District Judge Benjamin H. Settle ordered WRIGHT to pay $71,885 in restitution to the U.S. Department of Treasury and remarked, “the United States Treasury is not the real victim” of this serious offense; rather, “the real victims are the millions of people who will be filing their tax returns later this month. . . . Our system relies upon folks who pay their taxes to fund the operation of what is still the greatest country on Earth ̶ perhaps the greatest country that has ever existed.”
According to records filed in the case, WRIGHT joined the scheme in late March 2009, which was responsible for filing at least 31 fraudulent tax returns for tax years 2007 and 2008. Door provided the names and Social Security numbers of his fellow inmates at the Washington State Penitentiary, which WRIGHT and others used to create and file fake W-2 forms and federal income tax returns, all claiming tax refunds due. In order to fabricate employment and wage data, the conspirators identified companies that had declared bankruptcy and had recently closed. WRIGHT created fake W-2 forms indicating wages paid and taxes withheld from the individuals whose identities they used. The refunds were typically directed to one of several bank accounts controlled by WRIGHT or another associate. In all, the conspirators tried to obtain more than $145,000 in tax refunds, and nearly $72,000 was paid out. Co-schemers Lucy Anne Hyder, aka Lucy Bailey, 53, was sentenced in February to eight months in prison, and Ruth Louise Branstetter, aka Ruth Bishop, 48, was sentenced last month to almost 7 months in prison.
“Stopping refund fraud remains a priority for IRS CI because when people steal from the U.S. Treasury the real victim is every honest taxpayer in America,” said Special Agent in Charge Kenneth J. Hines, of Internal Revenue Service, Criminal Investigation, in Seattle. “These crimes are a threat to our nation’s ability to fund programs and services for our communities, and Special Agents of IRS CI will continue to work with our partners at the U.S. Attorney’s Office to detect these frauds, shut them down, and bring the perpetrators to justice.”
The case was investigated by Internal Revenue Service, Criminal Investigation (IRS-CI). The case is being prosecuted by Assistant United States Attorney Steven Masada.
Stratford Woman Sentenced to Two Years in Prison for Embezzling $1 Million from Greenwich Investment FirmRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, announced that CLAIRE BALDUCCI, 47, of Stratford, was sentenced today by Chief United States District Judge Alvin W. Thompson in Hartford to 24 months of imprisonment, followed by three years of supervised release, for embezzling approximately $1 million from her Greenwich employer.
According to court documents and statements made in court, BALDUCCI worked as the office manager for a private investment company based in Greenwich. As office manager, she had access to six business bank accounts. Between approximately September 2008 and November 2011, BALDUCCI issued numerous checks from the firm’s business accounts payable to herself, to “cash” and to third-party vendors, all of which she deposited in her personal bank account. BALDUCCI also opened a credit card account in the name of the managing partner of the victim company and authorized herself as a co-user of the account. She then made unauthorized charges for personal expenses on the account. Through these schemes, BALDUCCI embezzled approximately $1 million.
Chief Judge Thompson ordered BALDUCCI to pay restitution in the amount of $995,000.
On December 12, 2012, BALDUCCI pleaded guilty to one count of wire fraud. She began serving her sentence today.
This investigation was conducted by the Greenwich Police Department and the Connecticut Financial Crimes Task Force, which includes members of the United States Secret Service; the United States Postal Inspection Service; the United States Department of State, Bureau of Diplomatic Security; the Internal Revenue Service - Criminal Investigation; the Connecticut State Police; and the Greenwich, Hartford, Shelton and Stamford Police Departments.
This case was prosecuted by Assistant United States Attorney Douglas P. Morabito.
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(203) 821-3722 [email protected]Statement of U.S. Attorney Jenny A. Durkan on the Resignation of Seattle Police Department Chief John DiazRead the Press Release
I have worked closely with Chief John Diaz for many years. He has been a key partner in addressing gun violence, dismantling criminal organizations, and combatting terrorist threats. He oversaw the first steps of the implementation of reforms within the Seattle Police Department. I am grateful for his partnership and service, and wish him well.
This is a critical time for SPD and our community. Jim Pugel has shown before that he can step up and lead. To move us forward, he will need to help guide and implement the full range of reforms and set clear expectations and direction for every officer. The next several months are very important for reform and public accountability. SPD will be drafting and adopting new policies and developing new training around use of force, bias-free policing, and stops. Getting reform right requires everyone moving in the same direction. Chief Pugel's leadership will be essential.
Rapid City Man Sentenced for Failure to Register or Update as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man convicted of Failure to Register or Update as a Sex Offender was sentenced on April 2, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Shaun Jason Meyer, age 36, was sentenced to 24 months of imprisonment, 5 years of supervised release, and ordered to pay $100 to the Victim Assistance Fund.
Meyer was indicted for Failure to Register or Update as a Sex Offender by a federal grand jury on June 19, 2012. Between November 2011 and June 2012, Meyer, who is required to register as a sex offender, failed to update his registration with the State of South Dakota. Meyer pled guilty on August 29, 2012.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Wayne Venhuizen prosecuted the case. Meyer was immediately turned over to the custody of the U.S. Marshal.
Pittsburg Man Pleads Guilty to Methamphetamine ConspiracyRead the Press Release
On April 5, 2013, Jason Scott Byrley, 35, of Pittsburg, Illinois, pled guilty in United States District Court in Benton to a one-count indictment charging conspiracy to manufacture methamphetamine, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced.
The conspiracy offense occurred between 2008, and January 30, 2012, in Williamson, Jackson, Saline, and Franklin Counties. Byrley’s offense carries possible penalties of a term in prison from 10 years to life, a fine of not more than $10 million, and at least 5 years’ supervised release. Sentencing is set for August 8, 2013.
The ongoing investigation is being conducted by the Drug Enforcement Administration, Jackson County Sheriff’s Office, Murphysboro Police Department, Marion Police Department, Williamson County Sheriff’s Office, Saline County Sheriff’s Office, Illinois State Police, Carrier Mills Police Department, Harrisburg Police Department, and United States Marshals Service.
The case is being prosecuted by Assistant United States Attorney Amanda A. Robertson.
Pine Ridge Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 2, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Alphonso Belt, age 50, was sentenced to 46 months' imprisonment, 3 years of supervised release, and ordered to pay $100 to the Victim Assistance Fund.
Belt was indicted for Assault Resulting in Serious Bodily Injury and Assault with a Dangerous Weapon by a federal grand jury on November 15, 2011. The charges relate to Belt stabbing his friend in the neck with a knife while the two were drinking on November 2, 2011 at Pine Ridge. The assault resulted in paralysis to the victim and limited mobility below the chest. Belt pled guilty on December 18, 2012.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Belt was immediately turned over to the custody of the U.S. Marshal.
Pierre Man Pleads Guilty to Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that Dakota Lee Dillon, age 24, of Pierre, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on April 2, 2013 and pled guilty to Escape from Custody. The maximum penalty upon conviction is 5 years imprisonment and/or a $250,000 fine.
On July 20, 2012, Dillon escaped from the custody of the Bureau of Prisons while at Community Alternatives of the Black Hills.
The investigation was conducted by the U.S. Marshal Service. The case is being prosecuted by Special Assistant U.S. Attorney Laura A. Shattuck.
The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Percy Men Plead Guilty to Methamphetamine ConspiracyRead the Press Release
On April 5, 2013, Michael J. Jaimet, 31, and Joshua D. Stacy, 26, both of Percy, Illinois, pled guilty in United States District Court in Benton to a one-count second superseding indictment charging conspiracy to manufacture methamphetamine, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced.
The offense occurred between January 2011, and January 2013, in Perry, Jackson, and Randolph Counties. Evidence at the plea hearings established that Jaimet and Stacy were involved with each other and others in the manufacture of methamphetamine. Jaimet and Stacy obtained pseudoephedrine for use during the manufacture of methamphetamine and also were involved in the methamphetamine cooks.
The sentencing hearings were set for August 8, 2013. At that time, both men face up to 20 years in prison, 3 years of supervised release, and a fine of up to $1,000,000. Co-defendants Steven A. Zweigart, II, Kathy L. Griffin, Jeremy R. Rettig, a/k/a “Jeremo,” and Leila M. Jaimet have previously pled guilty to the methamphetamine charge and are awaiting sentencing.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office, Randolph County Sheriff’s Office, Perry County Sheriff’s Office, Percy Police Department, Murphysboro Police Department, Sparta Police Department, and Drug Enforcement Administration.
The case is being prosecuted by Assistant United States Attorney Amanda A. Robertson.
Pennsylvania Man Indicted for Drug Conspiracy and PossessionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Newton Square, Pennsylvania man has been indicted by a federal grand jury.
David Wallace, age 52, was indicted by a federal grand jury on April 2, 2013 for Conspiracy and Possession with Intent to Distribute a Controlled Substance. Wallace appeared before U.S. Magistrate Judge Mark A. Moreno on April 8, 2013 and pled not guilty to the Indictment.
The maximum penalty upon conviction is not more than 20 years of imprisonment, a $1,000,000 fine, or both; at least 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 charges are merely accusations, and Wallace is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant United States Attorney Kathryn N. Rich is prosecuting the case.
Wallace was remanded to the custody of the U.S. Marshal Service. A trial date has been set for May 14, 2013.
Omaha Man Sentenced for Conspiracy to Distribute Crack CocaineRead the Press Release
United States Attorney Deborah R. Gilg announced that on April 8, 2013, Donald Hughes, 53, of Omaha, was sentenced to 6 years, 10 months in prison for his role in a conspiracy to distribute crack cocaine in the Omaha area between August of 2011 and January of 2012. Following the prison term, Hughes will serve four years on supervised release.
In August 2011, a confidential informant introduced an undercover officer to Herbert Christian, from whom the CI had previously purchased drugs. Over the course of the next several months the undercover officer and the CI together or the officer alone purchased approximately 2 ½ ounces of crack from Christian. During the investigation, officers were able to identify Hughes as the supplier of the crack cocaine.
Hughes is already in Bureau of Prisons custody serving a sentence for violating his supervised release on a 1997 crack conspiracy conviction. His 70 month sentence begins today. Christian was previously sentenced to 70 months imprisonment for his involvement.
The matter was investigated by the Greater Omaha Safe Streets Task Force, which includes officers of the Federal Bureau of Investigation, (FBI), Omaha Police Department, Bellevue Police Department and the Nebraska State Patrol.
New York Immigration Judge Participates in Naturalization CeremonyRead the Press Release
NEW YORK -- Immigration Judge Javier Balasquide from the Executive Office for Immigration Review, New York Immigration Court, delivered the keynote speech and administered the oath of allegiance to approximately 150 candidates during a naturalization ceremony at 26 Federal Plaza in New York on April 5, 2013. The New York District Office of U.S. Citizenship and Immigration Services, Department of Homeland Security, hosted the ceremony.
Biographical Information
Attorney General Alberto Gonzales appointed Judge Balasquide in July 2006. Judge Balasquide received a bachelor of arts degree in 1988 from the University of Delaware and a juris doctorate in 1991 from the Interamerican University School of Law. From March 2003 to July 2006, he served as chief counsel at U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Arlington, Va. From February 1999 to March 2003, he served at the former Immigration and Naturalization Service (INS) in Arlington and Falls Church, Va., in various capacities, including district counsel, appellate counsel, and assistant district counsel. From November 1991 to February 1999, Judge Balasquide served as an assistant district counsel for INS in Miami, entering on duty through the Attorney General=s Honors Program. Judge Balasquide is a member of the Puerto Rican Bar.
- EOIR -
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR’s Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.
Executive Office for Immigration ReviewMortgage Fraud Ringleader Sentenced to 13 YearsRead the Press Release
A 45-year-old Fenton man was sentenced today to 13 years in prison in connection with a multi-million dollar mortgage fraud conspiracy, United States Attorney Barbara L. McQuade announced.
Joining McQuade in the announcement was Special Agent in Charge Robert D. Foley, III, head of the Detroit Division of the Federal Bureau of Investigation (FBI).
U.S. District Judge Julian Abele Cook, Jr., also sentenced Ronnie Edward Duke to pay a $1 million fine and $94 million in restitution. Duke led the scheme for close to four years, ending in July 2007 when the FBI executed seven search warrants in metropolitan Detroit and Florida.The scheme involved more than 450 fraudulent mortgage loans, more than 100 straw buyers, and approximately 180 different residential properties in metropolitan Detroit that were used as collateral for the loans. Most of these loans went into default and foreclosure. The loans ranged from roughly $350,000 to $600,000. Lenders were deceived by counterfeit purchase agreements, fake closing documents, and fictitious title companies that were actually controlled by Duke and his co-conspirators. The warranty deeds and mortgages associated with the majority of the loans went unrecorded, leaving the lenders completely unsecured. Such loans were commonly referred to as “ghost” loans by the defendants during the scheme.
“Mortgage fraud not only harms lenders, but it also affects all of us when foreclosures lead to vacant homes, which reduce property values and create havens for criminal activity,” McQuade said.
"Those who orchestrate and conduct mortgage fraud schemes that steal millions of dollars from innocent victims, will face severe consequences for their crimes,” Foley said. The FBI remains committed to pursuing and prosecuting anyone who engages in these illegal acts."
Fifteen of Duke’s co-conspirators were previously sentenced, including:∙ Ryan Andrew Zundel, 38, of Brewton, Alabama – 10 years
∙ Nicole Lynn Rothe (formerly Nicole Lynn Turcheck), 34, of Gibraltar – 10 years
∙ William Camsell Wells, III, 42, of Howell – 8½ years
∙ Wilinevah Richardson, 35, of Davison – 5 years
∙ Donna Marie Walbrook, 50, of Westland – 5 years
∙ Anthony Edward Peters, 75, of Monroe – 41 months
∙ Robert Brierley, 46 of Westland – 33 months.
Duke spent his fraud proceeds to operate a car racing business called Hardcore Racing, Inc. He purchased numerous sports cars, race cars, boats, motorcycles, and a helicopter. Duke’s co-defendants used their proceeds to finance unrelated businesses and to purchase luxury items, including cars, boats, motorcycles, race horses, residential properties, and travel to the Caribbean and other overseas vacation destinations.Duke’s criminal history includes embezzlement, credit card fraud, receiving and concealing stolen property, escape, aggravated stalking and disturbing the peace.
This case was prosecuted by Assistant United States Attorneys Erin Shaw and Stephen Hiyama, and investigated by the FBI, with the assistance of the U.S. Secret Service.
McLaughlin Man Indicted for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Ryan Soft, age 22, was indicted by a federal grand jury on March 13, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on April 4, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 10 years’ in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Soft is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley is prosecuting the case.
Soft was remanded to the custody of the U.S. Marshal pending trial on June 11, 2013.
Manhattan U.S. Attorney Announces the Extradition from the Dominican Republic of Its Former Drug Control Operations Chief on Narcotics Trafficking ChargesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Brian R. Crowell, Special Agent-in-Charge of the New York Division of the United States Drug Enforcement Administration (“DEA”), and James T. Hayes, Jr., the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s (“ICE”) Homeland Security Investigations (“HSI”), announced today that FRANCISCO ANTONIO HIRALDO-GUERRERO, a former Dominican military official and former chief of operations for the Dominican National Directorate for Drug Control (the “DNCD”), was extradited from the Dominican Republic on charges of conspiracy to import and distribute hundreds of kilograms of cocaine in the United States. HIRALDO-GUERRERO, a citizen of the Dominican Republic, arrived in the Southern District of New York on April 5, 2013. He was presented in U.S. Magistrate Court on Saturday.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, in a classic case of the ‘fox guarding the hen house,’ Francisco Antonio Hiraldo-Guerrero was a corrupt public official who exploited his position atop the Dominican Republic’s drug control office to facilitate the importation of massive quantities of cocaine into the United States. Corruption comes in many forms as does the harm it causes, and we will continue to fight it wherever we find it.”
DEA Special Agent-in-Charge Brian R. Crowell said: “The DNCD is equivalent to the DEA in the Dominican Republic and both law enforcement organizations' focus is on dismantling drug trafficking organizations while seizing illicit drugs and the profit off the sale. Hiraldo-Guerrero allegedly abused his ranking position within the military of the Dominican Republic and betrayed the public trust through his facilitation of drug trafficking. Hiraldo-Guerrero allegedly turned a blind eye to justice, but justice uncovered his alleged charges which brought him to face the consequences of his actions in the United States. The dedicated members of the Strike Force, the DEA Santo Domingo Country Office, and our law enforcement partners within the Dominican Republic worked together to bring him to justice.”
ICE HSI Special Agent-in-Charge James T. Hayes, Jr. said: “Hiraldo-Guerrero allegedly abused his position in the Dominican military and the government's anti-narcotics unit to smuggle tons of cocaine into the United States. In cooperation with U.S. and international law enforcement entities, HSI is a partner in the fight against drug trafficking.”
According to the Indictment unsealed Friday and previously filed in Manhattan federal court:
From 2001 to May 2005, HIRALDO-GUERRERO conspired with others to import and distribute hundreds of kilograms of cocaine from the Dominican Republic to the United States. From 2007 to 2009, HIRALDO-GUERRERO also conspired with others to distribute hundreds of kilograms of cocaine knowing and intending that the cocaine would be imported into the United States.
For example, in September 2003, one of HIRALDO-GUERRERO’s co-conspirators (“CC-1”) sent approximately 300 kilograms of cocaine to New York. In addition, in November 2007, HIRALDO-GUERRERO assisted in the transportation of approximately 600 kilograms of cocaine from Colombia to the Dominican Republic by boat.
HIRALDO-GUERRERO, 53, is charged with one count of conspiracy to distribute cocaine and two counts of conspiracy to import cocaine into the United States. If convicted, he faces a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison. The case has been assigned to U.S. District Judge John F. Keenan.
Mr. Bharara praised the outstanding investigative work of the DEA’s New York Organized Crime Drug Enforcement Strike Force, which is comprised of agents and officers of the DEA, the New York City Police Department, ICE HSI, the New York State Police, the U. S. Internal Revenue Service Criminal Investigation Division, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Secret Service, and the U.S. Marshals Service. Mr. Bharara also thanked the DEA’s Santo Domingo Country Office, the Government of the Dominican Republic, and the U.S. Department of Justice’s Office of International Affairs for their ongoing assistance.
The case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Christian Everdell and Glen Kopp are in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
U.S. v. Francisco Antonio Hiraldo-Guerrero Indictment
Man Sentenced in Child Pornography CaseRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that ZAKARY LANE SIDERS, 25, of Niagara Falls, New York, who was convicted of Transportation of Child Pornography on January 2, 2013, was sentenced to five years’ incarceration by U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant had been convicted of Transportation of Child Pornography when he sought out and received over 60 pornographic images of a minor via the Internet and transported a hard-drive containing the images to Western New York.
The conviction was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Richard M. Frankel.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Man Pleads Guilty in Robbery of Convenience Store in Manhattan, Kan.Read the Press Release
TOPEKA, KAN. – A man has pleaded guilty to robbing a convenience store in Manhattan, Kan., U.S. Attorney Barry Grissom said today.
Frank Joseph Hanson, 22, Manhattan, Kan., pleaded guilty today to one count of brandishing a firearm during a crime of violence. In his plea, Hanson admitted that on Feb. 6, 2013, he robbed Dara’s Fast Lane, a convenience store in Manhattan.
In a related arson case, defendants Patrick Martin Scahill, 20, Manhattan, Kan., and Virginia Amanda Griese, 19, Manhattan, Kan. have scheduled change of plea hearings for 1:30 p.m. April 17 before Judge Julie A. Robinson in U.S. District Court in Topeka.
In Hanson’s case, the Riley County Police Department received a report of a robbery at Dara’s Fast Lane at about 1:21 a.m. on Feb. 6. A masked man brandishing a small revolver demanded money from the register. The robber also tried to force the clerk to use an ATM in the store to withdraw money from the clerk’s bank account. The robber left the store after the clerk swiped his card through the ATM and showed the robber how little money there was in the clerk’s account.
At about 6 p.m. on the same day, Riley County police responded to a report of someone firing a weapon at parked cars. When police contacted the residents, Dennis James Denzien and Patrick Martin Scahill, they smelled marijuana. Police informed Denzien and Scahill that they were going to obtain a warrant to search the residence. After obtaining a warrant, police entered the residence and found clothing matching the description from the robbery at Dara’s. Police obtained a second warrant and found a mask, gloves, a backpack and the firearm used in the robbery, an RG Industries Model RG14 .22 caliber revolver.
Hanson is set for sentencing July 8. Co-defendant Dennis James Denzien is awaiting trial. Hanson faces a penalty of not less than seven years and not more than life and a fine up to $250,000.
In the related arson case, Patrick Martin Scahill and Virginia Amanda Griese, were indicted on one count of arson resulting in a death. The indictment alleges that on Feb. 6, 2013, Scahill and Griese were responsible for a fire at the Lee Crest Apartments, 820 Sunset Ave., in Manhattan. Vasanta Pallem, a 34-year-old postdoctoral researcher at Kansas State University who lived in the apartment complex, died as a result of the fire.
Grissom commended the agencies involved in investigating the two cases including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Riley County Attorney’s Office, the Riley County Police Department, the Manhattan Fire Department, the Kansas State Fire Marshal’s Office, the Kansas Bureau of Investigations and the Pottawatomie County Sheriff’s Office. He also commended the attorneys who are prosecuting the cases including Assistant U.S. Attorney Jared Maag, Riley County Attorney Barry Wilkerson and Assistant Riley County Attorney Barry Disney.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Leader of Southwest Idaho Meth Trafficking Conspiracy Sentenced to over 33 Years in Federal PrisonRead the Press Release
Ten Defendants Now Set to Serve Lengthy Prison Sentences
BOISE – Jesus Guadalupe Sanchez, a/k/a Jose Salazar, 32, a Mexican national, the leader and organizer of a major Southwest Idaho drug trafficking conspiracy, was sentenced today to 400 months in federal prison for conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute, U.S. Attorney Wendy J. Olson announced. Following his release from prison, Sanchez must serve five years of supervised release; he also faces possible deportation.
Co-conspirator Michael Dennis Morris, 42, of Weiser, Idaho, was also sentenced today to 156 months in prison followed by eight years of supervised release. The court also ordered Morris to pay a $2,000 fine. The two appeared before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise. To date, fourteen defendants have been sentenced in the case.
On January 22, 2013, following a six-day trial, a federal jury convicted Sanchez, Morris and co-defendant Jim Allen Loveland of conspiring with others, including co-defendants, to distribute a total of approximately eleven pounds of methamphetamine in Canyon, Payette and Washington counties between November 2011 and May 16, 2012.
Eight defendants were sentenced in February and March 2013 to serve federal prison sentences, including Dawson Lee Moore, of Weiser, to 36 months in prison for conspiracy to possess with intent to distribute methamphetamine; Benjamine L. Vertner, of Ontario, Oregon, to 138 months; Patric Campbell, of Boise, to 124 months; Kristopher Hensley, of Weiser, to 51 months; Johnny A. Tambunga, of Weiser, to 47 months; Jacob James Clevenger, of Weiser, to 188 months; Mario Martinez, Jr., of Greenleaf, Idaho, to 57 months; and Fabian Jordano Beltran, of Weiser, to 36 months.
Loveland, 58, of Boise, Idaho, the sole remaining defendant, is set for sentencing on May 23, 2013.
“These drug traffickers well deserve the lengthy sentences the Court imposed,” said Olson. “This outstanding investigation and prosecution demonstrate that federal, state and local law enforcement will work together in all parts of Idaho to ensure that those who seek to poison our communities with this poisonous drug are caught, prosecuted and punished.”
The case was investigated by the Idaho State Police with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Kenneth L. Mclain and Karl Kaii Baker Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that Defendants Kenneth L. McLain, age 32, and Karl Kaii Baker, age 34, were sentenced today in the United States District Court, for Conspiracy to distribute more than 50 grams of methamphetamine (ice). McLain was sentenced to 108 months in prison, five years supervised release upon his release from prison and a $500 fine. Baker was sentenced to a term of 78 months in prison and five years supervised release. Additionally, the Court recommended to the Bureau of Prisons that McLain and Baker be placed in a drug rehabilitation program in a California.
In September 2011, the U.S. Postal Inspection Service (USPIS) intercepted a package in the mail containing methamphetamine. A search of the package revealed methamphetamine; the sender attempted to cover the odor emitted by the drug. Federal and local law enforcement conducted a controlled delivery of the package to McLain and Baker, who were subsequently arrested.
U.S. Attorney Limtiaco commends the hard work and efforts of the USPIS, Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of Homeland Security, Homeland Security Investigations, Guam Customs and Quarantine, Guam Police Department and the Guam Superior Court Probation office for their participation and assistance in this investigation. Assistant U.S. Attorney Clyde Lemons prosecuted the case.
Justice Department Requires Divestiture in Merger<br /> of Ecolab Inc. and Permian Mud Service Inc.Read the Press Release
The Department of Justice today announced that it has reached a settlement that will require Ecolab Inc. and Permian Mud Service Inc. to divest assets used by Permian’s subsidiary, Champion Technologies Inc., to provide production chemical management services in the U.S. Gulf of Mexico in order to proceed with their proposed merger. The department said that the transaction, as originally proposed, would combine two of the three leading providers of production chemical management services for deepwater wells in the U.S. Gulf of Mexico. Without the divestitures, the department said the transaction would lead to higher prices, reduced service quality and diminished innovation.
The department’s Antitrust Division filed a civil lawsuit today in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the department’s competitive concerns and the lawsuit.
“Ecolab’s subsidiary, Nalco Company, and Champion are currently the largest and second-largest providers of production chemical management services to deepwater wells in the U.S. Gulf of Mexico and have vigorously competed against one another to the benefit of their customers,” said Leslie C. Overton, Deputy Assistant Attorney General of the Department of Justice’s Antitrust Division. “The proposed remedy will preserve competition to provide these critical services, which support efficient production of oil and gas in deepwater environments.”
Production chemical management services involve the application of specially formulated chemical solutions to oil and gas wells to facilitate hydrocarbon production and protect well infrastructure. These critical services are administered by experienced personnel including scientists, engineers and other lab technicians who customize the chemical blends and application methodology for specific well formations.
The department’s complaint alleges that the proposed acquisition would eliminate significant competition between Nalco and Champion in the already highly concentrated market for production chemical management services for deepwater wells in the U.S. Gulf of Mexico. The proposed settlement requires the companies to divest to Clariant Corporation and its affiliate, Clariant International, assets Champion has been using to provide deepwater production chemical management services in the Gulf, including the patent for Champion’s best-selling production chemical in the deepwater Gulf, exclusive licenses to all other production chemicals used by Champion in the U.S. Gulf of Mexico for use in that region, and the option to buy additional assets, including Champion’s deepwater production chemical blending and distribution facility in Broussard, La., and related equipment. The settlement also provides Clariant with an extensive right to hire the merged firm’s relevant personnel, who possess essential expertise and know-how.
Ecolab, headquartered in St. Paul, Minn., provides water treatment and sanitation products and services for a variety of industries, and began serving the oil and gas industry when it acquired Nalco in late 2011. Nalco supplies specialty chemicals and services to the upstream and downstream segments of the oil and gas industry. Ecolab generated $1.87 billion in revenues from oil and gas-related products and services in 2011.
Permian, headquartered in Houston, is a privately held company that provides specialty chemicals and services to the oil and gas industry. Permian generated $1.25 billion in revenues in 2011.
Clariant Corporation, headquartered in Charlotte, N.C., is the U.S. affiliate of Swiss-based Clariant International Ltd., the fourth largest provider of production chemical management services globally. Clariant has significant deepwater experience outside of the U.S. Gulf of Mexico.
As required by the Tunney Act, the proposed settlement and the department’s competitive impact statement will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to William H. Stallings, Chief, Transportation, Energy and Agriculture Section, Antitrust Division, U.S. Department of Justice, 450 Fifth St. N.W., Suite 8000, Washington, D.C. 20530, 202-514-9323. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the proposed settlement upon finding that it is in the public interest.
Justice Department Challenges Joint Contracting <br /> on Behalf of South Dakota ChiropractorsRead the Press Release
The U.S. Department of Justice announced today that it has reached a settlement with Chiropractic Associates Ltd. of South Dakota (CASD), an association comprising approximately 80 percent of all practicing chiropractors in South Dakota. The settlement prohibits CASD from jointly determining prices and negotiating contracts with insurers on behalf of competing chiropractors in South Dakota, North Dakota, Minnesota and Iowa. The department said that CASD negotiated at least seven contracts with insurers that set prices for chiropractic services on behalf of CASD’s members and that CASD’s conduct caused consumers to pay higher fees for chiropractic services.The department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the District of South Dakota against CASD. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the lawsuit.
“Chiropractic Associates Ltd. of South Dakota negotiated contracts on behalf of all its members, including competing providers, resulting in increased prices for chiropractic services in South Dakota,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “Today’s settlement promotes competition among health care providers and prevents collective action that harms consumers and violates the antitrust laws.”
According to the complaint, since 1997, CASD collectively negotiated the rates and price-related terms for at least seven contracts with insurers on behalf of CASD’s members. Except for members who were part of the same practice groups, CASD’s members were not clinically or financially integrated, and CASD’s actions were not necessary to achieve any benefits for consumers.
The proposed settlement will prevent CASD from establishing prices or terms for chiropractic services and from negotiating with insurers on behalf of competing chiropractors. The proposed settlement will also require CASD to terminate its current payer contracts at various specified times, but in no event later than three months after the court's entry of the final judgment.
CASD is a company organized and doing business under the laws of the state of South Dakota, with its principal place of business in Brookings, S.D.The proposed settlement, along with the department’s competitive impact statement, will be published in the Federal Register as required by the Antitrust Procedures and Penalties Act. Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Peter J. Mucchetti, Chief, Litigation I Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 4100, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon finding that it serves the public interest.
Judge Sentences Child Porn Defendant to Prison, Takes Restitution for Victims Under AdvisementRead the Press Release
TOPEKA, KAN. – A federal court judge Monday sentenced a Brown County man to five years in federal prison for distributing child pornography and took under advisement claims for restitution from three victims totaling more than $2 million, U.S. Attorney Barry Grissom said today.
Prosecutors urged the judge to order restitution be paid to victims who said being sexually exploited as children had left them with permanent mental, emotional and psychological damage, as well as ongoing costs for therapy, and they continued to suffer from knowing that images of their being abused are widely distributed on the Internet. Defense attorneys argued that the defendant was only one of many users of peer-to-peer software who downloaded, viewed and distributed images of the victims. Prosecutors argued that victims have a right under federal law to restitution in child pornography cases. They cited more than 300 orders for restitution already made to the same victims, whose images were found on other defendants’ computers.
Brandon J. Hollister, 32, Horton, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted he used peer-to-peer file sharing software to download and distribute images of child pornography. An FBI agent in Kansas City downloaded 33 image files and 37 video files from Hollister’s computer. Among those were images in which the victims previously had been identified, including the “Cindy series,” “the Jan-Feb series,” and the “Vicky series.” The victim in the “Cindy series” made a request for restitution of more than $1.2 million. The victim of the “Jan-Feb series” sought $150,000 in restitution. The victim of the “Vicky series” sought more than $734,000 in restitution.
Grissom commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Jeffrey Bryant Nichols Pleads Guilty to Embezzlement SchemeRead the Press Release
KNOXVILLE, Tenn.- On Apr. 4, 2013, Jeffrey Bryant Nichols, 54, of Loudon, Tenn., pleaded guilty to mail fraud and money laundering violations. Sentencing has been set for 9:30 a.m., Jun. 18, 2013 in U.S. District Court in Knoxville. He faces a maximum term of 20 years in prison for the mail fraud and 10 years in prison for the money laundering.
Nichols was employed with Architectural Graphics Incorporated (AGI) a Virginia Beach, Va., based company that designs and manufactures architectural interior and exterior sign systems in the United States. While working as a project manager, Nichols conspired with another employee to create a fictitious company known as Outdoor Graphic Displays. The company was created for the sole purpose of defrauding AGI, by creating fictitious subcontracting invoices and submitting them to AGI for payment. Between August 2005 and June 2007, 11 fictitious and fraudulent invoices, totaling $359,575.00, were submitted to AGI from Outdoor Graphic Displays.
On Feb. 22, 2012, a three-count indictment, including the above referenced charges, was returned against Nichols by a federal grand jury sitting in Knoxville Tennessee. This indictment was the result of an ongoing investigation by IRS-Criminal Investigation. Jennifer Kolman Assistant U.S. Attorney represented the United States.
Houston Man Gets 27 Years for Multiple Child Pornography ConvictionsRead the Press Release
HOUSTON – Guy Christopher Brogdon, 34, of Houston, has been sentenced to federal prison following two convictions of production of child pornography and another count of possession of child pornography, United States Attorney Kenneth Magidson announced today. The sentence was handed down on Friday, April 5, 2013, by U.S. District Judge Melinda Harmon.
On Dec. 20, 2012, Brogdon pleaded guilty. Today, Judge Harmon handed him a 27-year-term for the production counts and 10 years for the possession of child pornography, to be served concurrently. Upon release from prison, he will be on supervised release for 25 years and required to register as a sex offender.
The investigation revealed Brogdon took child pornography photographs of two very young girls for whom he was caring. Brogdon produced more than 200 images, though not all the child pornography involved the girls. Three of the victims’ relatives appeared and spoke at the sentencing, describing the effects Brogdon’s criminal acts have had. Brogdon was further ordered to pay restitution.
The Sugar Land Police Department and Houston FBI investigated.
This case, prosecuted by Assistant U.S. Attorney Sherri L. Zack, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Goff Sentenced to 36 Months in Prison for Obstruction of Justice; Filed Fictitious Forms as A Part of Effort to Impede JusticeRead the Press Release
SALT LAKE CITY – Harvey Douglas Goff, age 55, of Ogden, who pleaded guilty in federal court in December to obstruction of justice in connection with an effort to impede a proceeding in the United States Tax Court, will served 36 months in federal prison.
U.S. District Judge David Nuffer imposed the sentence during a hearing Monday afternoon in U.S. District Court. Goff also will serve 36 months of supervised release when he finishes his federal prison sentence and cannot have contact with sovereign citizen-related groups during his supervised release period. Goff has been in custody but was released Monday and will be allowed to self-surrender to the U.S. Bureau of Prisons to begin serving his sentence by May 30, 2013.
Goff, as a part of a plea agreement reached with federal prosecutors, admitted that between April and July of 2010 he endeavored to obstruct and influence the administration of justice in U.S. Tax Court. He admitted that he repeatedly filed false and fictitious forms in a national database. Those forms asserted that the judge had provided him with tens of millions of dollars in cash in “suspicious” transactions. He also admitted that he sent the judge copies of the forms he filed and that these efforts constituted obstruction of justice.
Goff was charged in a 14-count indictment returned by a federal grand jury in May 2011. Charges in the indictment included obstruction of justice, impeding internal revenue laws, fictitious obligations, attempt to commit mail fraud, and mailings in furtherance of a scheme and artifice to defraud. Ten counts of the indictment related to conduct that started with traffic stops in Ogden and continued through subsequent court proceedings in Weber County. Goff claimed diplomatic immunity during one of the traffic stops and challenged the jurisdiction of a state court judge, among other things.
Goff also filed a lien against various employees and entities of the State of Utah, Weber County, Ogden City, and the Ogden Police Department, falsely asserting that the employees and entities each owed Goff more than $53 trillion. The lien was filed on 77 parcels located within Weber County, including municipal property and private residences associated with the employees and entities.
Although the U.S. Attorney’s Office dismissed 13 counts of the indictment at Monday’s sentencing hearing, Goff’s 36-month sentence included consideration of that relevant conduct.
The case was prosecuted by the U.S. Attorney’s Office in Salt Lake City and investigated by special agents of IRS Criminal Investigation and the FBI.
In another case involving false liens against government officials, Randy Merrill Huffaker, age 60, of Taylorsville, who pleaded guilty in December to one count of impeding the IRS and two counts of filing false liens or encumbrances against government officials, was sentenced to time served (about three days) in late March.
U. S. District Judge Clark Waddoups, who imposed the sentence, also ordered him to serve 12 months of supervised release when he concludes his prison sentence. Huffaker also must pay $33,996 in restitution.
Huffaker admitted that in July, August, and September of 2011, he filed or attempted to file false and fictitious liens or encumbrances against the Commissioner of the Internal Revenue Service and the Comptroller of the Currency, both of whom are government officials protected by federal law. He admitted that he filed the documents against the two individuals because of their performance of their official duties.
He admitted he repeatedly mailed extensive documents to the personal residence of the Commissioner regarding his tax debts, demanding action, and falsely claiming that the Commissioner was personally indebted to him. He admitted in court documents that he knew the liens and encumbrances were false and fictitious.
Charges against Tari A. Huffaker, age 56, of Taylorsville, who was also charged in the case, were dismissed by federal prosecutors in December.
The case was prosecuted by the U.S. Attorney’s Office and investigated by special agents of IRS Criminal Investigation and the Treasury Inspector General for Tax Administration.
Glenham Man Charged with Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Glenham, South Dakota man has been indicted by a federal grand jury.
Randall Murray, age 49, was indicted by a federal grand jury on March 13, 2013 for Distribution of a Controlled Substance. Murray appeared before U.S. Magistrate Judge William D. Gerdes on April 4, 2013 and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years of imprisonment, a $1,000,000 fine, or both; a mandatory 3 years up to life on supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.
The charges are merely accusations, and Murray is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Murray was remanded to the custody of the U.S. Marshal Service until his warrant is satisfied. A trial date has been set for June 4, 2013.
Fraudster Found Guilty of Investment Fraud Scheme While Awaiting Sentencing on A Prior Securities Fraud ConvictionRead the Press Release
DALLAS — Joshua Wayne Bevill, 33, of Dallas, was found guilty today in a bench trial, before U.S. District Judge Jane J. Boyle, on stipulated facts concerning crimes he committed while awaiting sentencing for a prior securities fraud conviction. Specifically, Bevill was adjudged guilty on one count of mail fraud, two counts of securities fraud and one count of wire fraud, and committing each offense while on release. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Background: Between 2005 and 2008, Bevill, along with various associates, raised several million dollars from investors by selling them interests in supposed oil and gas development projects. However, Bevill was simply stealing the investors’ money rather than using it to earn profits in the oil and gas business. Bevill pleaded guilty to one count of securities fraud in January 2011, admitting that he defrauded numerous investors of more than $750,000. He was released pending sentencing and faces a maximum statutory penalty of five years for this offense.
While on this release and pending sentencing in that case, Bevill perpetrated a similar scheme from August 2010 until February 2011 under the name of Progressive Investment Partners. Bevill contacted potential investors and sold them investments in a supposed oil and gas business. As part of his scheme, Bevill used fictitious references that were set up to provide “glowing” reviews and exemplify the merits of investing with Progressive Investment Partners. Bevill, however, simply stole investors’ money and spent it to pay for his lavish lifestyle.
Bevill faces a maximum statutory penalty of 30 years in federal prison for each of the four counts of conviction in this case and fines totaling $10,500,000.00. In addition, he will be required to forfeit $162,000. No sentencing date has been set in either of the cases.
These cases were prosecuted in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorney’s offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants, including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.stopfraud.gov.
The FBI investigated the case. Assistant U.S. Attorneys J. Nicholas Bunch and Joseph Revesz are in charge of the prosecution.
Francisco S. Pangelinan Sentenced in U.S. District CourtRead the Press Release
ALICIA A. G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced today that defendant Francisco S. Pangelinan was sentenced in the U.S. District Court for the Northern Mariana Islands, to time served, followed by a three-year term of supervised release with conditions that he not possess a firearm and to perform 100 hours of community service. The defendant was ordered to serve an additional six (6) months ofhouse arrest on top of the eight (8) months house arrest he had already completed. Pangelinan' s sentence was the result of a Plea Agreement filed January 18, 2012, for Deprivation of Rights Under Color ofLaw. The conviction stemmed from a three-count indictment which charged Pangelinan with Deprivation of Rights Under Color ofLaw, in violation of Title 18, United States Code, Section 242. On July 26,2010, then a police officer, Pangelinan, unlawfully sprayed Felipe Kalen with DPS issued, Oleoresin Capsicum. At sentencing, Pangelinan apologized for his behavior to Felipe Kalen and acknowledged that he exceeded the force needed to deal with an ongoing argument at that time. Felipe Kalen accepted this apology and stated in court that he forgave the defendant. Pangelinan is no longer employed by the CNMI Department of Public Safety.
The case was investigated by agents from the Federal Bureau of lnvestigation and was prosecuted by Assistant United States Attorney Frederick A. Black.