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Friday 15 February 2013
Charenton Man Indicted for Assault on Chitimacha Tribal OfficersRead the Press Release
LAFAYETTE, La: United States Attorney Stephanie A. Finley announced today that a federal grand jury indicted David Frederick, 37, Charenton, La., Thursday on four counts for assaulting three people, two of which were Chitimacha tribal police officers.
According to the indictment, Frederick is charged with two counts of assaulting, resisting and impeding the work of law enforcement on the Chitimacha Tribal Reservation on Jan. 27, 2013. He also is charged with one count of assault by a non-Indian on an Indian reservation and one count of interstate domestic violence against an intimate partner. The criminal activity took place on the Chitimacha Reservation.
If convicted, Frederick faces a maximum penalty of 20 years in prison, a $250,000 fine or both with up to three years of supervised release for each assault count. He also faces a maximum penalty of six months in prison, a $250,000 fine or both with one year of supervised release for the Assault within Indian Country count. He also faces a maximum penalty of 10 years in prison, a $250,000 fine or both with up to three years of supervised release for the Interstate Domestic Violence count.
Jurisdiction in Indian Country is based upon the unique sovereign relationship between the federal government and Indian tribes. Congress has criminalized certain acts that take place in Indian Country. The U.S. Attorney’s Office prosecutes all felony and misdemeanor cases, arising in Indian Country, that are within the jurisdiction of this office. The U.S. Attorney’s Office prosecutes cases, arising in Indian Country, involving felonies where either the defendant or the victim is an Indian or both the defendant and the victim are Indian. The U.S. Attorney’s Office also prosecutes cases involving misdemeanors
where the defendant is a non-Indian.An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.The Federal Bureau of Investigation and Chitimacha Tribal Police Department conducted the investigation. Assistant U.S. Attorney John Luke Walker and Assistant U.S. Attorney Daniel J. McCoy are prosecuting the case.
California Man Indicted for Controlled Substance and Firearm ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Tracy, California man was indicted by a federal grand jury for selling marijuana in Rapid City and for possessing a .357 caliber Smith & Wesson revolver with the serial number etched off.
Troy Leroy James, age 47, was indicted on January 23, 2013 for Possession With Intent to Distribute a Controlled Substance and Possession of a Firearm with Obliterated Serial Number. He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 31, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine. The charges are merely an accusation and James is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Eric Kelderman is prosecuting the case. James was remanded to the custody of the U.S. Marshal. A trial date has not been set.
# # #Braddock Man Sentenced to Prison for Failing to Register as A Sex OffenderRead the Press Release
PITTSBURGH, Pa. - On Feb. 15, 2013, a resident of Braddock, Pa., was sentenced in federal court to one year and one day imprisonment followed by five years supervised release on his conviction of failing to register as a convicted sex offender, United States Attorney David J. Hickton announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Keith Birkett, Jr., 33.
According to information presented to the court, Birkett was required to register under the Sex Offender Registration and Notification Act after having been convicted in 2000 in Queens, New York, of the felony sex offense of Attempted Sexual Abuse of the First Degree. In or around January 2011, Birkett traveled in interstate commerce and knowingly failed to register and update a registration, as required by the Sex Offender Registration and Notification Act.
Assistant United States Attorney Amy L. Johnston prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Marshals Service for the investigation leading to the successful prosecution of Birkett, Jr.
Bossier City Man Sentenced for Staging Equipment TheftRead the Press Release
SHREVEPORT, La.: United States Attorney Stephanie A. Finley announced today that Kenneth A. Gordon Jr., 43, of Bossier City, was sentenced Thursday before U.S. District Court Judge Donald E. Walter, to 20 months in prison following his convictions for conspiracy and wire fraud after filing a false insurance claim for theft of his John Deere equipment. Gordon is also required to pay $104,134 in restitution.
Gordon’s co-defendant, Don E. Newton, was sentenced in December 2012 to two years of supervised probation for conspiring with Gordon to commit wire fraud.
Trial testimony revealed that Gordon had asked Newton to report that a John Deere skid steer and a John Deere telehandler valued at approximately $140,000 had been stolen in August 2006. Gordon then filed a false claim to Sentry Insurance for the equipment. Instead of being stolen, Gordon had been leasing the equipment to a friend for $15,000 per month. Gordon later agreed to sell the skid steer to another friend in Texas for an additional $15,000. Gordon testified that he permitted his elderly parents to travel across
state lines to deliver the equipment to his friend even though they were unaware it had been reported stolen. Law enforcement discovered the John Deere skid steer in Hico, Texas, in June 2009 on the friend’s property with an identification number matching the one Gordon previously reported stolen.“Insurance fraud is a serious federal offense that affects everyone,” Finley said. “We will continue to use every tool available to aggressively investigate and prosecute those individuals who perpetrate these types of financial crimes that affect our community.”
The Louisiana State Police/Insurance Fraud Auto Theft Unit and the Texas Department of Public Safety/Motor Vehicle Theft Services investigated the case. Assistant U.S. Attorney Cytheria D. Jernigan prosecuted the case.
Black Hawk County Sex Offender Sentenced for Failing to Update Registration as Sex OffenderRead the Press Release
A sex offender who failed to update his registration was sentenced February 12, 2013, to 41 months in federal prison.
Howard Sawyer, age 39, from Black Hawk County, received the sentence after a November 15, 2012, guilty plea to one count of failing to update his registration as a sex offender. In a plea agreement, Sawyer admitted that, in 2009, he left the Waterloo Residential Correctional Facility and traveled to Mexico, where he stayed until 2011 without updating his registration as required by the Sex Offender Registration and Notification Act. Sawyer was required to register because of his 1998 Buchanan County conviction for sexual abuse in the third degree.Sawyer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Sawyer was sentenced to 41 months’ imprisonment. A special assessment of $100 was imposed, and Sawyer must also serve a 5-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the United States Marshals Service and the Iowa Division of Criminal Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-2029.
Bernard Addison Sentenced to 46 Months in Prison for Conspiring to Counterfeit Us Postal Service Money OrdersRead the Press Release
Addison Possessed $2.5 Million Worth Of Counterfeit Money Orders
KNOXVILLE, Tenn.-- Bernard Addison, 62, of Knoxville, Tenn., was sentenced to serve 46 months in federal prison by the Honorable Thomas W. Phillips, U.S. District Judge. Upon his release from prison, Addison will be supervised by the U.S. Probation Office for a period of two years.
The sentence was the result of a guilty plea June 8, 2012, to a federal grand jury indictment charging Addison with conspiring to counterfeit U.S. Postal Service money orders. Addison, formerly a local radio personality, had been receiving counterfeit money orders from the country of Ghana for several months and was filling out the payee information on the bogus money orders and redistributing them to others. He received a weekly MoneyGram payment of $250.00 for his involvement in the scheme.
The indictment and subsequent conviction of Addison was the result of an investigation conducted by the U.S. Postal Inspection Service and U.S. Secret Service. Assistant U.S. Attorney Matthew Morris represented the United States.
Beltsville Business Owner Sentenced to Prison for Evading over $522,000 in Federal and State TaxesRead the Press Release
Failed to Report Over $1.8 Million in Revenues Deposited in Overseas AccountsBaltimore, Maryland - U.S. District Judge William D. Quarles, Jr. sentenced Bae Soo “Chris” Chon, age 49, of Beltsville, Maryland late yesterday to a year and a day in prison, followed by one year of supervised release for income tax evasion. Judge Quarles also ordered Chon to pay a fine of $15,000, and restitution of $412,404 to the IRS and $110,245.70 to the Maryland Office of the Comptroller. Chon was also required to pay a civil penalty of $441,482.50 for failing to disclose his foreign bank accounts. Chon tendered two checks to the IRS on September 11, 2012 for $111,069.72 and $679,775.78, reflecting the agreed restitution and his counsel’s calculation of the amount of the applicable interest and penalties, for the tax years 2008 and 2009 respectively.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
“The license to run a business is not a license to evade paying taxes, said Thomas J. Kelly, Special Agent in Charge, IRS Criminal Investigation, Washington DC Field Office. All Americans have to pay their fair share of taxes for the various government services and protections that we all enjoy. Mr Chon’s sentence serves as a reminder that IRS Criminal Investigation is committed to maintaining the integrity of our tax system and will continuously direct its efforts at the portion of individuals who willfully choose to evade their tax obligations.”
According to his plea agreement, Chon owned and operated Mirage Cosmetics, Inc., which manufactured cosmetics products at its facility on Tucker Street in Beltsville. Mirage marketed its products domestically through Walgreens, Target, Costco and other chain stores, as well as in Canada, Australia, United Kingdom, Australia, Estonia, Dubai, Kuwait, Lebanon, South Africa, Germany, Japan, New Zealand, China and Vietnam. As a subchapter S corporation, the net profits Mirage earned were required to be reported as taxable income by Chon.
In the fall of 2008, Chon started a tax evasion scheme whereby he caused the proceeds from Mirage’s transactions with many of its foreign distributors to be diverted into foreign bank accounts in Hong Kong and Seoul, South Korea. The funds deposited into these foreign accounts were not reflected on Mirage’s official records. Accordingly, Chon substantially understated Mirage’s income on his 2008 and 2009 personal income tax returns. Chon continued making deposits into these undisclosed foreign accounts until November 2010, when IRS investigators learned of the accounts.
On March 23, 2009, the IRS announced the agency’s Overseas Voluntary Disclosure Program, which offered taxpayers who maintained previously undisclosed foreign bank accounts incentives to disclose those accounts and bring themselves into compliance with the law. This highly-publicized program remained open until October 15, 2009, and nearly 15,000 taxpayers took advantage of it to make voluntary disclosures about foreign bank accounts in more than 60 foreign countries. Chon did not disclose the existence of his foreign bank accounts under this program.
On November 16, 2010, IRS agents executed a search warrant at Mirage’s offices and seized a laptop computer on which the records of the foreign accounts were kept. Thereafter, Chon timely filed his 2010 federal and state personal and corporate tax returns, in which he reported the amounts that had been deposited in the overseas bank accounts during the 2010 tax year. Chon paid the tax due for the tax year 2010 in 2011, after he became aware of the investigation.
As a result of the scheme, approximately $1,818,895 in revenues from Mirage’s foreign clients that were diverted into the overseas bank accounts resulted in understating Chon’s federal and state tax liability by $522,649.70 for the tax years 2008 and 2009.
United States Attorney Rod J. Rosenstein praised the IRS Criminal Investigation for its work in the investigation and thanked Assistant U.S. Attorney Jefferson M. Gray, who prosecuted the case.
Belleville Martial Arts Instructor Charged with Sexual Exploitation of A MinorRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that Christopher M. Horton, 20, a Belleville martial arts instructor who lives in Highland, Illinois, was charged in United States District Court (federal), in a two-count Criminal Complaint, with Sexual Exploitation of a Child. In making this announcement, United States Attorney Wigginton noted that the federal charges were brought as part of a joint investigation and prosecution undertaken by his office, as well as the St. Clair County State’s Attorney’s Office and the Madison County State’s Attorney’s Office. The alleged federal violations took place between on or about May 1, 2012, and February 9, 2013, in Madison and St. Clair Counties. After a federal detention hearing held today, the Court ordered that Horton be held without bond pending trial. Charges and bonds in both St. Clair and Madison Counties have also been filed.
“The facts alleged in the criminal complaint are shocking and horrific. I will use all of my resources to ensure that these charges are proven beyond a reasonable doubt so that this person is placed where he can never prey upon our children again,” said United States Attorney Wigginton.
US Attorney Wigginton’s comments were echoed by Saint Clair County State’s Attorney Brendan Kelly, who said, “These alleged crimes against our children demand the swift and severe action taken by the US Attorney, my office, and my counterpart in Madison County.”
Madison County State’s Attorney Tom Gibbons noted: “I want to thank everyone who played a role in the investigation and charging of the defendant. By working together, we were able to uncover the vile acts committed by this man. These types of investigations are always heartbreaking and we will do everything we can to ensure that this predator is punished and removed from society and our victims get the justice they deserve.”
The offenses charged in the federal complaint allege that, between on or about May 1, 2012, and February 9, 2012, Horton video recorded himself engaged in sexual activity with two minors.
A federal trial date has not yet been set. If convicted of Sexual Exploitation of a Minor, Horton faces a term of imprisonment of not less than fifteen (15) years but not more than 30 years of imprisonment on each count, a fine up to $250,000, and a term of supervised release of not less than five years, up to, and including, a lifetime of supervision once he is released.
A criminal complaint is a formal charge against a defendant that is comprised of the essential facts constituting the offense charged. Under the law, a defendant is presumed to be innocent of a charge until proven guilty beyond a reasonable doubt to the satisfaction of a jury.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 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.”
The case was investigated by the Madison County Sheriff’s Department, the Federal Bureau of Investigation’s Metro East Cyber Crimes and Analysis Task Force, the Highland, Illinois Police Department and the Belleville, Illinois Police Department. The case is assigned to Assistant United States Attorney Ali Summers.
Baltimore Felon Exiled to 9 Years in Prison for Possessing a Gun and AmmunitionRead the Press Release
Maryland Task Force Aggressively Pursues Federal Charges for Child ProstitutionBaltimore, Maryland - U.S. District Judge James K. Bredar sentenced Justin Harris, age 28, of Baltimore, Maryland, today to nine years in prison followed by three years of supervised release for being a felon in possession of a gun and ammunition.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Baltimore City State’s Attorney Gregg L. Bernstein; and Commissioner Anthony W. Batts of the Baltimore Police Department.
According to Harris’ plea agreement, on January 17, 2012, an undercover Baltimore Police officer saw a woman offering crack cocaine for sale in the 1800 block of N. Collington Avenue in Baltimore. The undercover officer provided the woman with pre-recorded buy money, and saw the woman walk into a home on N. Collington Avenue where she obtained the drugs. The home was Harris’ residence. A search warrant was executed on January 30 at the home. Harris was present. Law enforcement seized a handgun with an obliterated serial number, and 10 cartridges, along with 4.7 grams of cocaine, marijuana and drug trafficking paraphernalia.
Harris had previously been convicted of a felony and was prohibited from possessing a gun or ammunition.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in this investigation. Mr. Rosenstein thanked Assistant United States Attorney Kenneth S. Clark, who prosecuted the case.
Andover Man Sentenced for Selling Counterfeit Goods on the InternetRead the Press Release
BOSTON - An Andover man was sentenced yesterday for selling thousands of counterfeit electronics out of his home using eBay and on his own website.
Ahmad Raad, 56, was sentenced by U.S. District Judge George A. O’Toole to four years of probation, the first six months of which must be served in home confinement with electronic monitoring, $100,000 in restitution to the corporate victims, and individual restitution to all identified individual victims. In November 2012, Raad pleaded guilty to selling counterfeit goods and mail fraud.
Between 2007 and 2011, Raad sold a variety of electronic merchandise, including batteries, chargers and memory sticks, under the name “eMartCentral” using eBay, or the website “www.emartcentral.com.” Raad purchased the merchandise that he sold directly from China. The merchandise bore a variety of brand names and trademarks, including those of Sony, SanDisk, Olympus, and Kingston. But much of this merchandise was not made by these companies or by companies authorized to use the companies’ names or marks. In some instances, Raad received merchandise from China that did not bear any product labels, and separately received sheets of Sony and SanDisk labels which he affixed to the merchandise and sold. During the four year period, Raad sold thousands of pieces of counterfeit merchandise in this manner.
United States Attorney Carmen M. Ortiz; Bruce M. Foucat, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Boston; and Kevin Niland, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Amy Harman Burkart of Ortiz’s Cybercrime Unit.
Thursday 14 February 2013
Winthrop Insurance Advisor Pleads Guilty to 10 Year Investment Fraud SchemeRead the Press Release
Boston - A Winthrop man was convicted today in federal court of mail and wire fraud in connection with a 10 year scheme that centered on investments in “life settlements,” by which he defrauded more than 20 victims of at least $4.5 million.
Joseph Gennaco, 68, of Winthrop, Mass. and Jupiter, Fla., pleaded guilty before U.S. District Judge Nathaniel M. Gorton to 11 counts of wire fraud and 16 counts of mail fraud.
Had the case proceeded to trial the Government’s evidence would have proven that from 2001 through 2011, Gennaco defrauded customers by falsely representing that their money would be invested in various insurance-based instruments, when instead he diverted the funds for his own personal and business purposes. Gennaco operated in the name of several entities, including Gennaco & Associates, Oceanview Financial Services, GCT Trust, and Crescent Management Group. Gennaco’s scheme centered on misrepresentations to investors that their funds would be invested in one or more life insurance policies - or “life settlements” - and that the investments would be repaid with a guaranteed profit from the sale of those policies. Instead, Gennaco diverted investors’ funds to his own uses, allowed insurance policies to lapse by failing to pay the premiums, and failed to repay investors when he sold the policies. By this scheme Gennaco obtained at least $4.5 million from more than 20 victims.
Judge Gorton scheduled sentencing for May 23, 2013. Gennaco pled guilty pursuant to a binding plea agreement that, if accepted by the Judge, would require a sentence between 92 and 100 months, to be followed by three years of supervised release, together with fines and restitution to victims.
United States Attorney Carmen M. Ortiz; Kevin Niland, Inspector in Carge of the U.S. Postal Inspection Service; and Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Division made the announcement today. The Suffolk County District Attorney’s Office, Massachusetts Securities Division, Massachusetts Division of Insurance, and the U.S. Trustee’s Office in Boston also provided assistance in the investigation. The case is being prosecuted by Assistant U.S. Attorneys Mark J. Balthazard and Jeremy M. Sternberg of Ortiz’s Economic Crimes Unit.
Winchester Man Sentenced on Sex ChargesRead the Press Release
HARRISONBURG, VIRGINIA -- A 28-year-old Winchester man who pled guilty in October 2012 was sentenced this morning in the United States District Court for the Western District of Virginia in Harrisonburg to child exploitation and child pornography charges.
James Cobler, 28, of Winchester, Va., previously pleaded guilty to three counts of sexually exploiting a 4-year-old boy for the purpose of producing child pornography, one count of transporting child pornography and one count of possessing child pornography.
This morning in District Court, Cobler was sentenced to 120 years of Federal incarceration.
“Mr. Cobler’s sexual abuse targeted a completely vulnerable victim, a 4-year old boy.” United States Attorney Timothy J. Heaphy said today. “When predators like Mr. Cobler exploit children, we will target them with every available resource and ensure they are held accountable.”
According to evidence presented at previous hearings by Assistant United States Attorney Nancy Healey and Special Assistant United States Attorney Shannon Wright, an investigator with the Page County Sheriff’s Office, working in an undercover capacity on a peer-to-peer file sharing network, downloaded several child pornography images from Cobler in April 2012.A subsequent search warrant was issued and executed at Cobler’s Winchester home. While conducting the search, Cobler admitted to downloading child pornography and further admitted that on multiple occasions, he had molested a 4-year-old boy whom he occasionally cared for. He also admitted to taking pictures and a video of the sexual abuse.
The investigation of the case was conducted by the Frederick and Page County Sheriff’s Offices and the Northern Virginia-D.C. Internet Crimes Against Children Task Force. The United States Secret Service conducted the forensic exam. Assistant United States Attorney Nancy Healey and Special Assistant United States Attorney Shannon Wright are prosecuting the case for the United States.
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.
William Joey Gutierrez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 14, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, WILLIAM JOEY GUTIERREZ, III, a 21-year-old resident of Pryor and an enrolled member of the Crow Tribe of Indians, appeared for sentencing. GUTIERREZ was sentenced to a term of:
Prison: 28 months
Special Assessment: $100
Supervised Release: 3 years
GUTIERREZ was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney E. Vincent Carroll, the government stated it would have proved at trial the following:
On April 17, 2012, GUTIERREZ and the victim were in the bedroom of their house in Dunmore on the Crow Indian Reservation. GUTIERREZ (later while being interviewed by law enforcement) admitted that, while in their bedroom, he hit the victim in her face with his closed fist because of "alcohol and jealousy." Both the victim and GUTIERREZ had been drinking. The victim was taken to the hospital, where she was treated for a fractured orbital and medial wall. Two treating physicians indicated that the victim's injuries constituted serious bodily injury because of extreme physical pain and protracted and obvious disfigurement.
Several witnesses at the house stated that they heard the victim yelling, "No!," and then saw the victim with a swollen eye shortly afterwards.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GUTIERREZ will likely serve all of the time imposed by the court. In the federal system, GUTIERREZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
West Valley Man Charged with Three Robberies in Indictment Returned by Federal Grand JuryRead the Press Release
SALT LAKE CITY – A federal grand jury returned an indictment Wednesday afternoon charging Pete Mafua, age 19, of West Valley City with two counts of bank robbery and one credit union robbery in connection with robberies in Magna, West Valley City, and Taylorsville earlier this month.
The indictment charges Mafua with a Feb. 1, 2013, robbery of Zions Bank at 8375 West 3500 South in Magna; a Feb. 2, 2013, robbery of America First Credit Union at 4976 West 3500 South in West Valley City; and a second Feb. 2 robbery at U.S. Bank located at 4135 South Redwood Road in Taylorsville.
According to a complaint filed in connection with the Zions Bank robbery, a male entered the bank wearing a black hat, black shirt, and a blue coat. The suspect’s face was uncovered. He approached the teller counter and presented a note to the teller which demanded cash and stated that he had a firearm. The suspect left the bank after receiving cash from the teller.
The suspect left the note at the bank and law enforcement officers were able to process it for fingerprints. According to the complaint, at least one fingerprint was used to identify Mafua as the robbery suspect. Additionally, video surveillance of the robbery was shown on local news programs and law enforcement officers received a tip identifying the bank robbery suspect as Mafua.
Mafua was arrested Feb. 2. U.S. Magistrate Judge Evelyn J. Furse found him to be a danger to the community and ordered him detained pending trial. Mafua will be arraigned Thursday afternoon on the charges in the indictment.
The case is being investigated by the FBI Safe Streets Task Force, the Salt Lake Unified Police Department, and the West Valley City Police Department.
Wessington Springs Man Pleads Guilty to Firearm ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Jonathan Tyrrell, age 53, of Wessington Springs, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 12, 2013 and pled guilty to Count I of the Indictment that charged him with Possession of a Firearm by a Prohibited Person.
In addition to the $100 assessment to the Victim Assistance Fund, the maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution may also be imposed.
The charge stems from an incident wherein Tyrrell, on or about the 15th day of December 2011, was stopped by the Jerauld County Sheriff. Methamphetamine, marihuana, and four firearms were found in his vehicle. Tyrrell tested positive for use of controlled substances.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney Kathryn N. Rich. Tyrrell was remanded to the custody of the U.S. Marshal pending sentencing, which has been set for May 2, 2013.
Virginia Gardens Man Sentenced to 37 Months in Prison for Dealing in Firearms Without A LicenseRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo Barrera, Special Agent in Charge, Miami Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Scott Israel, Sheriff, Broward County Sheriff’s Office (BSO), and Ric L. Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO), announce that Jose Antonio Quintana, 55, of Virginia Gardens, Florida, was sentenced today by U.S. District Judge Kenneth L. Ryskamp to 37 months in prison, to be followed by 3 years of supervised released, for dealing in firearms without a federal firearms license, in violation of Title 18, Untied States Code, Sections 922(a)(1)(A).
As part of the sentence, the Court ordered the forfeiture of 96 rifles, 79 shotguns, 418 handguns and approximately 25,889 rounds of ammunition that were seized from Quintana as part of the investigation, resulting in one of the largest firearms forfeitures from one individual in the Southern District of Florida.
According to the criminal complaint, superseding information, and stipulated factual basis filed in the case, Quintana attended numerous gun shows across the State Florida between November 2008 and July 7, 2012. At each gun show, Quintana sold firearms as purported “private sales.” This practice allowed Quintana to benefit from a cash business without the expense of operating a storefront, reporting his activity to ATF, completing any ATF paperwork (ATF Form 4473), and without conducting the required background checks of any customers.
During this period, undercover ATF agents purchased eleven (11) firearms, valued at $6,115.00, from Quintana at various gun shows. In one of the undercover purchases, Quintana claimed that the law allowed him to privately sell a reasonable unspecified quantity of firearms. In the recorded conversation, Quintana stated, “Let us say, twelve, twenty four, thirty six, fifty, firearms per year. Let us say, reasonable. . . I surpassed that a long time ago.”
Mr. Ferrer commended the investigative efforts of ATF, BSO and PBSO. Mr. Ferrer also thanked the Miami-Dade Police Department, the Miami Beach Police Department, the City of Miami Police Department, and the Virginia Gardens Police Department. The case was prosecuted by Assistant U.S. Attorney Adam McMichael.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
U.S. Trustee Program’s Settlement with Financial Adviser Includes Monetary Remedies, Independent MonitorRead the Press Release
WASHINGTON – The U.S. Trustee Program has filed in bankruptcy court a national settlement with financial adviser Capstone Advisory Group LLC in the bankruptcy case of GSC Group, Inc. If approved by the Bankruptcy Court for the Southern District of New York, the proposed settlement will resolve the U.S. Trustee’s allegations that Capstone failed to make accurate and complete disclosures to support the bankruptcy court’s approval of its employment in the case. In particular, the U.S. Trustee alleged that Capstone made inaccurate representations about its relationship with a contractor assigned to lead its engagement and to perform work in the case.
Under the proposed settlement, Capstone will pay $1 million; waive an additional success fee of $2.75 million; adopt policies and procedures approved by an independent monitor to ensure accurate and complete disclosure, including with respect to employment of contractors and conflicts of interest; and undergo compliance reviews by the monitor for two years.
If approved by the bankruptcy court, the settlement will mark the first time the U.S. Trustee Program has obtained relief that includes an independent monitor’s review of a professional firm.
“This important settlement shows that the U.S. Trustee Program will take vigorous enforcement action when we uncover evidence that experienced professional firms have failed to satisfy their bedrock obligations to provide true and complete facts to the U.S. Trustee and the bankruptcy court,” stated Clifford J. White III, Director of the Executive Office for U.S. Trustees. “I commend Capstone for recognizing the seriousness of this matter by voluntarily accepting significant financial consequences and subjecting itself to independent review to ensure that similar conduct does not recur.”
Director White also commended U.S. Trustee Tracy Hope Davis for bringing the original action in the bankruptcy court in Manhattan, as well as attorneys who worked on the case, including Trial Attorney Andrea Schwartz of the U.S. Trustee’s Office in Manhattan and Trial Attorney Carole Ryczek of the U.S. Trustee’s Office in Madison, Wis.
The USTP also reached agreement with the contractor and his affiliated companies.
The case is In re GSC Group Inc., U.S. Bankruptcy Court, Southern District of New York, No. 10-14653.
Contact:Jane Limprecht, Public Information Officer
Executive Office for U.S. Trustees
(202) 305-7411U.S. Attorney Hickton Statement on 5 Legionnaires' DeathsRead the Press Release
PITTSBURGH - U.S. Attorney David J. Hickton issued the following statement today regarding recent deaths from Legionnaires' disease linked to a Pittsburgh Veterans Administration facility:
"This matter is of great public interest and we understand and appreciate the public's concern. We regard this as a very serious matter.
"An active investigation is underway by the Inspector General.
"We have been in communications with the Inspector General to share our interest and to offer resources.
"After the report of the Inspector General has been completed we will conduct our own independent review and take appropriate action as necessary."
Two Minnesota Men Plead Guilty for Their Roles in Large, Multi-state Identity Theft RingRead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a Minnesota man pleaded guilty for his role in a large, multi-state identity theft ring. Jerome Davis, Jr., age 44, pleaded guilty to one count of conspiracy to commit bank fraud and one count of aggravated identity theft. Davis, who was indicted along with four others on November 14, 2012, entered his plea before United States District Court Judge Paul A. Magnuson.
In his plea agreement, Davis admitted that from 2010 through 2011, he was part of a conspiracy to commit bank fraud. For his part, Davis recruited individuals to conduct fraudulent transactions at financial institutions and retail establishments. He provided the recruited individuals with fraudulent identification documents and counterfeit checks that Davis received from another member of the conspiracy. Davis also drove individuals to retail stores where they conducted the fraudulent transactions.
According to the indictment to which Davis pled guilty, members of the conspiracy obtained victims’ personal information from various sources, including mail theft, vehicle break-ins, burglaries and from individuals who stole the information from their places of employment. The victim information was then used to create false identification documents, such as driver’s licenses and identification cards, along with counterfeit checks. The counterfeit checks were used to purchase expensive items and gift cards at retail stores. The items were later returned for cash, which was divided among those involved in the criminal activity.
The victim information was also used to open bank accounts and access the existing bank accounts of others. As part of this scheme, co-conspirators deposited counterfeit checks into the accounts of unknowing individuals, only to withdraw funds from those same accounts a short time later. To avoid detection, co-conspirators only accessed each bank account a few times before moving on to their next victim.
For his part, Davis has agreed that he is responsible for approximately $170,389 in fraudulent transactions.
Yesterday, co-defendant Jemall Ronta Williams, age 38, also pleaded guilty to one count of conspiracy to commit bank fraud and one count of aggravated identity theft. In his plea agreement, Williams admitted that he joined the conspiracy in 2009, and obtained victim information from a co-conspirator who worked at Wells Fargo. Williams also admitted to providing the stolen information to others who used it to create false and fictitious identification documents to pass counterfeit checks. In addition, Williams admitted recruiting individuals to pass counterfeit checks. Williams admitted that he is responsible for approximately $40,000 in fraudulent transactions.
For their crimes, Davis and Williams each face a maximum potential penalty of 30 years in prison for conspiracy to commit bank fraud and a mandatory minimum consecutive penalty of two years in prison for identity theft. Judge Magnuson will determine their sentences at future hearings, not yet scheduled.
Trial is scheduled for April 1, 2013, for the three others who were indicted with Davis and Williams. In September of 2012 following a jury trial, four men were convicted for their roles in this identity theft ring.
Twenty-four other co-conspirators have already entered guilty pleas and are also awaiting sentencing.
These cases resulted from an investigation conducted by the Minnesota Financial Crimes Task Force, the U.S. Postal Inspection Service, and the Internal Revenue Service-Criminal Investigations. They are being prosecuted by Assistant U.S. Attorney Karen B. Schommer.
The Financial Crimes Task Force was established pursuant to state law and is comprised of local, state, and federal law enforcement investigators dedicated to combating the growing problem of cross-jurisdictional financial crimes. The task force, overseen by an advisory board also created under state law, serves the entire District of Minnesota, presenting its cases to county or federal prosecutors, as appropriate.The task force and the Minnesota U.S. Attorney’s Office want to remind people to protect themselves from identity theft. For more information, visit http://www.stopfraud.gov/protect-identity.html.
For more information on how to avoid becoming a victim of identity theft, visit https://postalinspectors.uspis.gov/investigations/MailFraud/fraudschemes/mailtheft/IdentityTheft.aspx . The IRS-Criminal Investigations also urges citizens to review the Taxpayer Guide to Identity Theft, which can be found at http://www.irs.gov.
For tips on how to prevent mail theft, visit https://postalinspectors.uspis.gov/investigations/MailFraud/fraudschemes/mailtheft/MailTheft.aspx.
Two Men Plead Guilty to Robbery Charges in Recent Attack in Northeast Washington-Defendants Caught After Crashing A Stolen Car-Read the Press Release
WASHINGTON - Tayvaughn Sinclair, 25, of Mount Rainier, Md., and John Wright, 22, of Washington, D.C., pled guilty today to robbery charges stemming from an attack against two men earlier this year in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Sinclair and Wright entered their guilty pleas in the Superior Court of the District of Columbia. In addition to the robbery charge, Sinclair pled guilty to one count of unauthorized use of a motor vehicle. The Honorable William M. Jackson scheduled sentencing for April 12, 2013. Under the Court’s voluntary sentencing guidelines, Sinclair likely faces up to six years in prison on the robbery and up to 32 months on the second charge. The guidelines call for a likely range for Wright of up to five years in prison for robbery.
According to the government’s evidence, Sinclair and Wright accosted the two victims at about 10:20 p.m. on Jan. 4, 2013. The victims were working on a taxicab in a parking lot in the 5500 block of South Dakota Avenue NE. The defendants asked them for a cigarette lighter. When the victims said they didn’t have one, Sinclair ordered them to give up their wallets and cash. The victims complied. Wright then went through their pockets, and he and Sinclair took the victims’ iPhones, wallets, shoes and keys.
Sinclair and Wright then got into a red Plymouth Breeze, threw the victims’ keys on the ground, and drove off. The victims notified police that they had just been robbed by men in a red car and provided a portion of the license plate number. Within a few minutes, an officer spotted a vehicle matching this description being driven in the 200 block of Galloway Street NE. Police attempted to stop the car, but Sinclair, who was driving, did not stop.
Sinclair eventually crashed into another vehicle at the intersection of Eastern Avenue and Monroe Street NE. The occupants of the other vehicle included a mother and two young children, and the mother was transported to a hospital for injuries sustained in the accident.
Sinclair, meanwhile, attempted to flee on foot but was apprehended. Wright, who was also injured in the accident, was apprehended in the getaway vehicle. Officers recovered the victims’ stolen items from the vehicle. The car had been stolen earlier in the day.
In announcing the guilty pleas, U.S. Attorney Machen commended the work of the Metropolitan Police Department, which investigated the case. He also acknowledged the efforts of Assistant U.S. Attorney Trevor N. McFadden, of the Fourth District Felony Prosecution Unit, who prosecuted the matter.
13-055Two Members of Manhattan Trinitarios Gang Sentenced in Manhattan Federal Court for Racketeering and Firearms OffensesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that JONATHAN FELIZ, the former leader of the Manhattan branch of the “Trinitarios,” a violent street and prison gang , and LOUINSKY MINIER, who was also a member of the Trinitarios, were sentenced today for racketeering and firearms offenses. MINIER was also sentenced for the murder of a rival gang member, Roy Abreu, in November 2006. FELIZ was charged with 41 others in March 2009, and MINIER was charged in June 2010. FELIZ and MINIER were each sentenced today by U.S. District Judge George B. Daniels. FELIZ received a sentence of 30 years’ imprisonment. MINIER received a sentence of 220 months’ imprisonment, to be served after he completes a seven-year sentence he is currently serving on related New York state charges.
Manhattan United States Attorney Preet Bharara said: “For much of the past decade, the Trinitarios street gang strangled pockets of Upper Manhattan in its cold-blooded grip infesting neighborhoods with drugs and lethal violence. With today’s sentencings, Jonathan Feliz and Louinsky Minier will be off the streets for years to come, and other gang members should be on notice that we will continue working to end their brutal reigns and see that they are punished.”
According to the Indictment, the Informations, and other documents filed in the case, as well as statements made during the sentencing proceedings:
FELIZ was the leader of the Manhattan faction of the Trinitarios gang, and in that capacity, he ordered acts of violence to be committed by other gang members, acquired and stored guns, and managed a large-scale narcotics trafficking network in Washington Heights. The gang worked with other associates, collectively known as the “Washington Heights Marijuana Organization,” (the “WHMO”) to control drug trafficking – in particular, the trafficking of marijuana – on several blocks in the Washington Heights section of Manhattan. Members and associates of the WHMO operated a business that distributed and sold marijuana and other narcotics, and committed, conspired, attempted, and threatened to commit acts of violence, including murder, against rival traffickers, competitors, and individuals who stole narcotics proceeds from the enterprise. Members and associates of the WHMO conspired and attempted to kill at least two people in addition to Roy Abreu and, on November 23, 2006, MINIER shot Abreu to death. According to arguments made at sentencing, MINIER shot and killed Abreu, and shot another man, in connection with a dispute over $150,000 of drug proceeds that had been stolen from the WHMO. FELIZ and MINIER are half-brothers.
Mr. Bharara praised the work of the Drug Enforcement Administration, the New York City Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The case is being handled by the Office’s Violent Crimes Unit. Assistant U.S. Attorneys Nola B. Heller and Michael D. Maimin are in charge of the prosecution.
Twin Falls Man Pleads Guilty to Drug Charge in Aryan Knights InvestigationRead the Press Release
BOISE – Christopher John Solders, 26, of Twin Falls, Idaho, pleaded guilty today in United States District Court to distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, Solders admitted that he sold methamphetamine on two occasions to a person working with law enforcement officers. The first transaction occurred on February 22, 2012, and the second on May 1, 2012.
A federal grand jury indicted Solders on September 12, 2012. The indictment and 13 others were the result of a long-term investigation by the Treasure Valley Metro Violent Crimes Task Force. The investigation focused on illegal drug distribution by the “Aryan Knights,” a gang active in prison and on the streets throughout Idaho. Through the investigation, law enforcement agents identified Aryan Knights gang members who were trafficking methamphetamine, as well as associates of the gang who were the source of that methamphetamine.
The charge is punishable by up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.
Sentencing is set for April 29, 2013, before the Hon. John C. Coughenour, U.S. District Judge for the Western District of Washington, at the federal courthouse in Boise.
The cases were the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), which included the cooperative law enforcement efforts of the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, U.S. Marshals Service, and the Treasure Valley Metro Violent Crime Task Force, a task force comprised of federal, state and local agencies, including the Boise Police Department, Ada County Sheriff’s Office, Caldwell Police Department, Nampa Police Department, Meridian Police Department, and Canyon County Sheriff’s Office.
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.
Transocean Pleads Guilty, Is Sentenced to Pay $400 Millionin Criminal Penalties for Criminal ConductLeading to Deepwater Horizon DisasterRead the Press Release
Transocean Deepwater Inc. pleaded guilty today to a violation of the Clean Water Act (CWA) for its illegal conduct leading to the 2010 Deepwater Horizon disaster, and was sentenced to pay $400 million in criminal fines and penalties, Attorney General Holder announced today.
In total, the amount of fines and other criminal penalties imposed on Transocean are the second-largest environmental crime recovery in U.S. history – following the historic $4 billion criminal sentence imposed on BP Exploration and Production Inc. in connection with the same disaster.
“Transocean’s guilty plea and sentencing are the latest steps in the department’s ongoing efforts to seek justice on behalf of the victims of the Deepwater Horizon disaster,” said Attorney General Holder. “Most of the $400 million criminal recovery – one of the largest for an environmental crime in U.S. history – will go toward protecting, restoring and rebuilding the Gulf Coast region.”
“The Deepwater Horizon explosion was a senseless tragedy that could have been avoided,” said Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division. “Eleven men died, and the Gulf’s waters, shorelines, communities and economies suffered enormous damage. With today’s guilty plea, BP and Transocean have now both been held criminally accountable for their roles in this disaster.”
Transocean’s guilty plea was accepted, and the sentence was imposed, by U.S. District Judge Jane Triche Milazzo of the Eastern District of Louisiana. During the guilty plea and sentencing proceeding, Judge Milazzo found, among other things, that the sentence appropriately reflects Transocean’s role in the offense conduct, and that the criminal payments directed to the National Academy of Sciences and National Fish and Wildlife Foundation are appropriately designed to help remedy the harm to the Gulf of Mexico caused by Transocean’s actions. The judge also noted that the fines and five year probationary period provide just punishment and adequate deterrence.
Transocean pleaded guilty to an information, previously filed in federal court in New Orleans, charging the company with violating the CWA. During the guilty plea proceeding today, Transocean admitted that members of its crew onboard the Deepwater Horizon, acting at the direction of BP’s well site leaders, known as “company men,” were negligent in failing to investigate fully clear indications that the Macondo well was not secure and that oil and gas were flowing into the well.
The criminal resolution is structured to directly benefit the Gulf region. Under the order entered by the court pursuant to the plea agreement, $150 million of the $400 million criminal recovery is dedicated to acquiring, restoring, preserving and conserving – in consultation with appropriate state and other resource managers – the marine and coastal environments, ecosystems and bird and wildlife habitat in the Gulf of Mexico and bordering states harmed by the Deepwater Horizon oil spill. This portion of the criminal recovery will also be directed to significant barrier island restoration and/or river diversion off the coast of Louisiana to further benefit and improve coastal wetlands affected by the spill. An additional $150 million will be used to fund improved oil spill prevention and response efforts in the Gulf through research, development, education and training.
Transocean was also sentenced, according to the plea agreement, to five years of probation – the maximum term of probation permitted by law.
A separate proposed civil consent decree, which resolves the United States’ civil CWA penalty claims, imposes a record $1 billion civil Clean Water Act penalty, and requires significant measures to improve performance and prevent recurrence, is pending before U.S. District Judge Carl J. Barbier of the Eastern District of Louisiana.
The charges and allegations pending against individuals in related cases are merely accusations, and those individuals are considered innocent unless and until proven guilty.
The guilty plea and sentencing announced today are part of the ongoing criminal investigation by the Deepwater Horizon Task Force into matters related to the April 2010 Gulf oil spill. The Deepwater Horizon Task Force, based in New Orleans, is supervised by Assistant Attorney General Breuer and led by Deputy Assistant Attorney General John D. Buretta, who serves as the director of the task force. The task force includes prosecutors from the Criminal Division and the Environment and Natural Resources Division of the Department of Justice; the U.S. Attorney’s Office for the Eastern District of Louisiana, as well as other U.S. Attorneys’ Offices; and investigating agents from: the FBI; Environmental Protection Agency, Criminal Investigative Division; Environmental Protection Agency, Office of Inspector General; Department of Interior, Office of Inspector General; National Oceanic and Atmospheric Administration, Office of Law Enforcement; U.S. Coast Guard; U.S. Fish and Wildlife Service; and the Louisiana Department of Environmental Quality.
This case was prosecuted by Deepwater Horizon Task Force Director John D. Buretta, Deputy Directors Derek A. Cohen and Avi Gesser, and task force prosecutors Richard R. Pickens II, Scott M. Cullen, Colin Black and Rohan Virginkar.
Three Brooklyn, N.Y., Men Arrested for Armed Robberies of New Jersey T-mobile StoresRead the Press Release
NEWARK, N.J. – Three Brooklyn, N.Y, men were arrested today by agents of the FBI in connection with two armed robberies of T-Mobile stores in Linden, N.J., and Woodbridge, N.J., U.S. Attorney Paul J. Fishman announced.
Terrell McQueen, 29, is charged by Complaint with conspiracy to commit Hobbs Act robbery and two counts of using a firearm in furtherance of a crime of violence. Carl Williams, 29, and Eric Williams, 32, are each charged with one count of conspiracy to commit Hobbs Act robbery and one count of using a firearm in furtherance of a crime of violence. All three defendants are scheduled to appear today before U.S. Magistrate Judge Mark Falk in Newark federal court.
According to the Complaint:
On Sept. 20, 2012, Carl Williams and a conspirator walked into a T-Mobile store in Linden. The conspirator brandished a firearm, and the men then tied up the employees in the back of the store. After taking 50 to 60 cell phones, the men fled in a Land Rover. Terrell McQueen, Carl Williams, Eric Williams, and other conspirators then delivered the stolen cell phones to a cell phone store in Brooklyn.
On Oct. 2, 2012, two men, one of whom was armed with a firearm, entered a T-Mobile store in Woodbridge. After locking the front door, the men took the employees to the back of the store and tied them up. The men took approximately 40 cell phones. One of the men then used his own cell phone to contact a third individual, who drove the other two men away in a Land Rover. Terrell McQueen, Eric Williams, and other conspirators later delivered the stolen cell phones to the same cell phone store in Brooklyn.
If convicted of the Hobbs Act conspiracy charges, McQueen, Carl Williams, and Eric Williams face a maximum penalty of 20 years in prison and a fine of $250,000. If convicted of the two counts of using a firearm in furtherance of a crime of violence, McQueen faces a mandatory minimum of 32 years in prison to run consecutively to any sentence that he receives for the Hobbs Act conspiracy charge and a maximum of life in prison, as well as a fine of up to $250,000. If convicted of the one count of using a firearm in furtherance of a crime of violence, Carl Williams and Eric Williams each face a mandatory minimum of seven years in prison to run consecutively to any sentence that they receive for the Hobbs Act robbery charge and a maximum of life in prison and a fine of up to $250,000.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge David Velazquez, with the investigation leading to the arrests and charges. He also thanked the Linden and Woodbridge Police Departments in New Jersey, as well as the New York City and Nassau County Police Departments and the Kings County District Attorney’s Office in New York for their work in this case.
The government is represented by Assistant U.S. Attorney Osmar J. Benvenuto of the U.S. Attorney’s Office General Crimes Unit in Newark.The charge and allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
12-080McQueen, Terrell et al., Complaint
Teen Dating Violence Awareness and PreventionRead the Press Release
Valentine’s Day is a time to celebrate loving relationships. But maybe it is also a good time for parents to check-in with their teenagers who may be involved in a romantic relationship.
If you are a parent of a teenager, do you know the names and faces of three of their friends? Chances are, one of them—maybe your own son or daughter—will be in an abusive relationship.
The fact is teen dating violence is often hidden and unreported. Not only do teens often lack the experience to navigate romantic relationships, they may also be unable to voice their feelings or communicate when emotional situations take a turn for the worse. Even more frightening is that if adolescents find the courage to tell their friends about being in an abusive relationship, statistics show that more times than not, their friends won’t know what to do to get them help.
February is National Teen Dating Violence Awareness and Prevention Month and it is a great opportunity to raise awareness and focus efforts on breaking the cycle of violence by providing information about the availability of services and the importance of healthy relationships to young victims, their families, and their communities.
While the Nation’s understanding of domestic violence, sexual assault and stalking has increased, so too has our awareness that these forms of violence affect all age groups and that violence within relationships often begins during adolescence. However the pattern of abuse can start much earlier. Studies show that children who are victimized or witness violence may carry this experience with them to the playground, classroom and later to teen relationships and ultimately adult intimate partner violence. As professionals, parents, educators, political and business leaders and other members of our local communities, we must teach about and model healthy, non-violent relationships. Intervention and prevention efforts are key elements to stopping the cycle of abuse and are priorities at the Department of Justice and here in the United States Attorney’s Office for the Northern District of Mississippi.
Attorney General Eric Holder’s Defending Childhood initiative is leveraging existing resources across the department to focus on preventing, addressing, reducing, and more fully understanding childhood exposure to violence. In support of this initiative, the Department’s Office on Violence Against Women awarded $5.6 million to 17 organizations that support services for children and caretakers including direct counseling, advocacy or mentoring for children or youth exposed to domestic and dating violence, sexual assault and stalking.
The Office on Violence Against Women administers several youth focused grant programs established by the Violence Against Women Act. Through these grants, federal funds provide unique opportunities for communities to increase collaboration among victim service providers, children, youth, and men’s groups and schools to help teens understand healthy relationships. Through these partnerships, agencies can focus on educating the community, teens, and children about identifying the signs of abuse, and assist them in locating services if they or someone they know is experiencing a physically or emotionally abusive relationship.
Working to end violence in families and communities remains one of the highest priorities for the United States Attorney’s Office for the Northern District of Mississippi. Every year, millions of children and adolescents across the United States are victimized and exposed to violence in their homes and communities, and often suffer severe long-term emotional and physical consequences. When these problems remain unaddressed, children are at higher risk for school failure, substance abuse, repeat victimization, and, perhaps, most disturbingly, perpetrating violent behavior later in their own lives. It is our responsibility to address this serious issue and protect our children.
So on this Valentine’s Day, I encourage everybody, especially parents, to look beyond the roses and chocolate-filled hearts that your children may have exchanged and provide an environment to talk about healthy, violence-free relationships.
Tampa Woman Pleads Guilty to Providing Information for Tax FraudRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that Ieshia Jordan (27, Tampa) pleaded guilty today to conspiracy and wrongful disclosure of health information. Jordan faces a maximum penalty of 5 years in federal prison for the conspiracy charge and up to 10 years in prison on the wrongful disclosure of health information charge.According to the plea agreement, Jordan stole identifying information of individuals, including names and social security numbers, from her former employer, Intermedix Corporation. Intermedix is a medical billing company that assists fire departments and emergency medical service providers across the county in billing for their medical services.
In September 2012, during the execution of search warrants at several locations, records from Intermedix were found. Intermedix traced the records back to Jordan. When interviewed by law enforcement, Jordan admitted that she accessed the records at her work place, without authorization, in order to generate the information needed to file fraudulent tax returns and obtain tax refunds. Jordan said she then gave the records to others to sell and use to file fraudulent tax returns. Jordan also stated she was paid for her role in the scheme.
This case was investigated by the Internal Revenue Service - Criminal Investigation, the Tampa Police Department, and the United States Postal Inspection Service. It is being prosecuted by Assistant United States Attorneys Sara C. Sweeney and Amanda L. Riedel.
Tampa Couple Arrested for Tax FraudRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces the unsealing of an indictment charging Jermell C. Hickman and Ebonie Hampton, both of Tampa, with one count of conspiracy, four counts of wire fraud, twelve counts of filing false claims, ten counts of theft of government property, and ten counts of aggravated identity theft. If convicted on all counts, each face a maximum penalty of 5 years in federal prison on the conspiracy charge, up to 20 years in prison for each wire fraud charge, up to 5 years imprisonment for each charge of filing false claims, and up to 10 years in prison for each offense of theft of government property, all of which to be followed by up to 2 years imprisonment for each count of aggravated identity theft. The Indictment also notifies both individuals that the United States is seeking a money judgment in the amount of $288,607.25, the proceeds of their scheme to defraud.
According to the indictment, Hickman and Hampton engaged in a conspiracy with each other, from at least as early as January 2012 through October 2012, to file fraudulent tax returns using stolen identity information of other individuals in order to obtain tax refunds.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Internal Revenue Service Criminal Investigation. It will be prosecuted by Assistant United States Attorney Sara C. Sweeney.
Summers County Man Sentenced to 4 Years in Federal Prison for Child PornographyRead the Press Release
Grimmett had more than 600 child-pornography pictures and videos on his computer
BECKLEY, W.Va. – U.S. Attorney Booth Goodwin today announced that a Summers County man was sentenced to four years prison followed by 15 years of supervised release for possession of child pornography. Alan L. Grimmett, 51, of Hinton, Summers County, W.Va., admitted that on June 7, 2011, he possessed on his computer more than 600 images and videos that revealed minors involved in sexual conduct. The defendant admitted that he knew the images and videos constituted child pornography. Grimmett further admitted that the images he possessed were downloaded using the Internet.
“Crimes that involve the exploitation of children are repulsive, plain and simple,” said U.S. Attorney Goodwin. “These types of cases have been a top priority for my office and we will continue to work tirelessly to ensure that the criminals are punished.”
The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the West Virginia State Police Internet Crimes Against Children Task Force and the West Virginia State Police conducted the investigation. Assistant United States Attorney Lisa Johnston handled the prosecution. The sentence was imposed by United States District Judge Irene C. Berger.
Since January 2012, twenty-two defendants have been convicted as part of the U.S. Attorney’s Office’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia. Twelve defendants have been sentenced to a total of nearly 50 years in federal prison. The remaining ten defendants currently await sentencing.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html. For more information about internet safety education, please visit www.usdoj.gov/psc and follow the link named “Resources.”
Stephen Hickey of Warwick, R.I., Ordered Not to Have Contact with Minors, Including Students at Tri-County Regional Vocational Technical High School in Franklin, Mass.Read the Press Release
PROVIDENCE, R.I. – Stephen Hickey, 60, of Warwick, R.I., was released to home confinement with electronic monitoring on unsecured bond following an initial appearance in U.S. District Court in Providence today on a federal charge of possession of child pornography, announced United States Attorney Peter F. Neronha; Kevin M. Niland, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police.
Hickey was arrested today by agents from the U.S. Postal Inspection Service and the Rhode Island Internet Crimes Against Children (ICAC) Task Force after, according to an affidavit in support of a criminal complaint filed with the court, a court authorized search of Hickey’s home resulted in the seizure of a computer which allegedly contains images of child pornography.
In addition, according to the affidavit, Hickey allegedly told investigators that he previously ordered and received DVDs containing child pornography, but destroyed them upon learning that another individual had been arrested for allegedly receiving similar products from the same company.
As a condition of his release , Hickey was ordered by U.S. District Court Magistrate Judge Lincoln D. Almond to have no contact with minors, including students at Tri-County Regional Vocational Technical High School in Franklin, Mass., where he is employed as a teacher.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Possession of child pornography is punishable by a maximum sentence of up to 10 years in federal prison followed by up to 3 years supervised release.
The case is being prosecuted by Assistant U.S. Attorney Terrence P. Donnelly, with the assistance of Assistant U.S. Attorneys Adi Goldstein and Lee H. Vilker.
The ICAC Task Force is a Department of Justice grant-funded program administered by the state police, and is comprised of detectives from the Rhode Island State Police, Providence, West Warwick, Coventry, Warwick, Johnston, and Pawtucket Police Departments, and federal agents from ICE-HSI, United States Postal Inspectors’ Office, and United States Naval Criminal Investigative Service. The objective of the ICAC Task Force is to form strong working relationships among federal, state and local law enforcement in order to effectively and efficiently prevent, detect, investigate, and prosecute online child exploitation and child pornography crimes.
This case is being 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.”
Contact: 401-709-5357
[email protected]St. Francis Man Pleads Guilty to Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Jeffrey Curry, age 29, of St. Francis, South Dakota, appeared before U.S. District Judge Roberto A. Lange on February 12, 2013 and pled guilty to Assaulting, Resisting, Opposing and Impeding a Federal Officer. The maximum penalty upon conviction is 20 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on July 22, 2012 when Curry’s vehicle was being pursued by officers. Curry drove his vehicle at an officer’s vehicle, which caused the officer’s vehicle to leave the roadway to avoid being hit. Curry used similar driving behaviors to force other officers and at least one citizen to take evasive action to avoid Curry’s vehicle.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Tim Maher.
A presentence investigation was ordered and a sentencing date was set for May 7, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Santa Rosa Man Pleads Guilty to Wire Fraud, Money LaunderingRead the Press Release
SAN FRANCISCO - Douglas Dean Hollingsworth (aka Doug Hollingsworth) pleaded guilty in federal court in San Francisco yesterday to wire fraud and money laundering, United States Attorney Melinda Haag announced.
In pleading guilty, Hollingsworth admitted that from approximately June 2007 through approximately October 2012, he solicited money from numerous individuals by falsely representing that his business entities, Baytree Investors, Inc., and Capsule Partners, LLC, had developed a sophisticated computer system that permitted him to identify financial market trends and generate substantial profits from trading activity. Hollingsworth admitted that in soliciting money from the victims, he falsely stated that if they loaned him money, he could pay them significant monthly interest payments from the profits earned from successful trading activity. Hollingsworth, however, intentionally failed to tell some individuals from whom he solicited money that the Federal Bureau of Investigation had searched his residence in July 2010 and that he had been charged with wire fraud in August 2011. Hollingsworth admitted that he did not use the money received from the victims to engage in trading but instead spent the money on personal expenses (including, for example, purchasing jewelry) and to make monthly interest payments to other individuals who had provided him with money. Hollingsworth agreed that as a result of his scheme, he caused losses in an amount between $4 million and $7 million. In the plea agreement, Hollingsworth also agreed to forfeit approximately $80,000 that was in bank accounts seized in July 2010 during the course of the investigation. The defendant also agreed to pay restitution in an amount to be determined by the Court, but not less than $3 million.
Hollingsworth, 64, of Santa Rosa, Calif., was originally indicted by a federal grand jury on Aug. 16, 2011. On Aug. 28, 2012, and Dec. 18, 2012, the grand jury returned superseding indictments against Hollingsworth. In the most recent indictment, Hollingsworth was charged with two counts of mail fraud, in violation of 18 U.S.C. § 1341, 21 counts of wire fraud, in violation of 18 U.S.C. § 1343, and four counts of money laundering, in violation of 18 U.S.C. § 1957. Under the plea agreement, Hollingsworth pled guilty to one count of wire fraud and one count of money laundering.
The sentencing of Hollingsworth is scheduled for July 17, 2013, before Judge Charles R. Breyer in San Francisco. The maximum statutory penalty for wire fraud, in violation of 18 U.S.C. § 1343, is 20 years in prison and a fine of $250,000 or twice the gain or loss from the offense conduct, and restitution. The maximum statutory penalty for money laundering, in violation of 18 U.S.C. § 1957, is 10 years in prison and a fine of $250,000 or twice the gain or loss from the offense conduct, and restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Denise Marie Barton and Tracie L. Brown are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Denise Oki, Rayneisha Booth, and Elizabeth Garcia. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
(Hollingsworth Plea Agreement )
Rapid City Woman Arraigned on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Raylene C. Chips, a/k/a Raelene C. Chips, a/k/a Raelene C. Chipps, age 23, was indicted by a federal grand jury on October 16, 2012. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 11, 2013 and pled not guilty to the indictment. The maximum penalty on each count upon conviction is 10 years' imprisonment, a $250,000 fine or both and a period of supervised release of 3 years. The charges are merely accusations and the Defendant is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Troy Morley is prosecuting the case. Chipps was released on bond pending trial. A trial date has not been set.
Rapid City Man Pleads Guilt to Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Jeffrey M. Chips, a/k/a Jeffrey M. Chipps, age 23, of Rapid City, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 12, 2013 and pled guilty to Count II of the Indictment that charged him with Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 3 years.
The conviction stems from an incident on the 4th day of May, 2012 when the Defendant was riding in a car in Mission, South Dakota. The vehicle came upon two women walking along the road, the vehicle stopped and two occupants exited and confronted the victim. A fight ensued and Chipps then exited the vehicle and joined in the assault. As a result, the victim sustained a broken jaw, among other injuries.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Troy Morley.
A presentence investigation was ordered and a sentencing date was set for May 6, 2013. The Defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Polk County Man Sentenced to More Than 5 Years in Federal Prison for Tax FraudRead the Press Release
Tampa, Florida - U.S. District Judge Steven D. Merryday today sentenced Jermaine Lee Lippett to 5 years and five months in federal prison for conspiracy, theft of government funds, and aggravated identity theft. Lippett was also ordered to forfeit $96,805.12 and to pay restitution to the Internal Revenue Service in the amount of $96,553.12. Lippett pleaded guilty on November 2, 2012.
According to court documents, Lippett orchestrated a scheme to convert the proceeds of fraudulently-acquired federal tax refund checks through legitimate accounts held at the MidFlorida Federal Credit Union. Lippett, acting in complicity with several account holders and a credit union teller, caused fraudulent tax refund checks to be negotiated through legitimate accounts. He then shared the proceeds with the teller and account holders.
This case was investigated by the United States Postal Inspection Service, the Florida Department of Law Enforcement, and the Internal Revenue Service Criminal Investigation. It was prosecuted by Assistant United States Attorney Robert Monk.
Pine Ridge Man Indicted for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man has been indicted by a federal grand jury for allegedly having sexual contact with a 13 year old girl on November 6, 2012.
Archie Backward, Jr., age 21, was indicted by a federal grand jury on January 23, 2013 for two counts of abusive sexual contact with a minor and one count of abusive sexual contact without permission. Backward appeared before United States Magistrate Judge Veronica L. Duffy on February 1, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction for each count is 2 years' imprisonment and a $250,000 fine. The charges are merely accusations and Backward is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Backward was remanded to the custody of the U.S. Marshal. A trial date has been set for April 9, 2013. ###Pine Ridge Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man has been indicted by a federal grand jury for allegedly assaulting his elderly mother at Pine Ridge on August 8, 2010.
Reginald Charles Big Crow, age 52, was indicted by a federal grand jury on December 21, 2010 for Assault Resulting in Serious Bodily Injury. Big Crow appeared before U.S. Magistrate Judge Veronica L. Duffy on February 4, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Big Crow is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Big Crow was remanded to the custody of the U.S. Marshal. A trial date has been set for April 9, 2013.
# # #Ohio Man Charged with Violating Clean Water Act by Discharing Brine and Drilling Mud into Mahoning RiverRead the Press Release
A Poland, Ohio, man was charged in federal court with one count of violating the Clean Water Act, said Steven M. Dettelbach, the United States Attorney for the Northern District of Ohio.
Ben Lupo, 62, is accused of directing an employee to illegally discharge brine and oil-based drilling mud into a stormwater drain which flowed into an unnamed tributary of the Mahoning River and ultimately into the Mahoning River near Youngstown.
The conduct took place on Jan. 31, 2013, according to an affidavit filed in U.S. District Court.“Those of us from Northeast Ohio know the legacy of dumping industrial waste into our waterways,” Dettelbach said. “Whether our water flows south to the Ohio River or north to the Great Lakes, protecting and preserving clean and safe water remains a major priority of the my office and the Department of Justice.”
ODNR Director Jim Zehringer said: “This charge should serve as a warning to anyone that places their personal interests ahead of the public’s safety. ODNR will continue to aggressively pursue and seek prosecution of any business or individual that blatantly disregards the laws we have in place to protect Ohio’s communities and natural resources.”
“Knowingly polluting the waters of our state is a violation of the Clean Water Act and we will pursue criminal prosecution of these illegal actions to make sure we are able to protect the health and safety of the public,” Ohio EPA Director Scott Nally said. “Ohio EPA and our state partners will not tolerate the flagrant violation of Ohio’s environmental laws and companies who violate these lawsare jeopardizing their ability to conduct business in the state and will be held accountable.”
Ohio Attorney General Mike DeWine said: “Ohio’s waters must be protected, for the health and safety of its citizens and the state’s wildlife. We will not only assist with the federal water pollution prosecution in this case, we will also be working closely with the Ohio Department of Natural Resources to fully address all of the other violations through civil or criminal enforcement.”
“As the nation increases its use of natural gas, exploration companies must ensure that the waste water resulting from the drilling process is treated and disposed of safely and legally,” said Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “The defendant is alleged to have knowingly and repeatedly directed the discharge of stored brine and oil-based drilling mud into a stormwater drain which ultimately flowed into the Mahoning River. This case demonstrates that if companies and their senior managers try to save money by circumventing environmental laws, they will be vigorously prosecuted.”
According to an affidavit filed in federal court:
Hardrock Excavating LLC is owned by Lupo and located at 2761 Salt Springs Road in Youngstown. The company provides services to the oil and gas industry in Ohio and Pennsylvania, including the storage of brine and oil-based drilling mud. There are approximately 58 mobile storage tanks at the facility and each holds approximately 20,000 gallons.
The Ohio Department of Natural Resources received a call from an anonymous person who stated that on the night of Jan. 31, 2013, someone would be illegally discharging wastewater from the Hardrock facility.
Ohio DNR inspectors arrived and found a hose, connected to a storage tank, discharging wastewater into a stormwater drain at the facility. Inspectors took a sample of the wastewater, which was black in color.
Ohio EPA personnel arrived at the facility on Feb. 1 and found that the unnamed tributary had puddles of oil throughout its length, from where the stormwater drained to the Mahoning River, approximately one mile away. Oil and an oily sheen were also visible in the Mahoning River.
That day, an EPA representative spoke with Lupo about the discharge into the storm drain. Lupo admitted he directed a Hardrock employee to discharge the contents of the storage drain into the stormwater drain, and further admitted that he directed discharge from a storage tank a total of six times, according to the affidavit.
Lupo later told EPA and DNR personnel that he directed a Hardrock employee to drain storage tanks at Hardrock into the nearby stormwater drain six times over the previous six months, and that Lupo was the one who “gave the word” for the storage tanks to be discharged, according to the affidavit.
On Feb. 12, a Hardrock employee stated that the discharges began in November 2012 at the direction of Lupo and that the employee was aware of at least 20 discharges into the stormwater drain. The employee further stated that Lupo directed the employee , if questioned by authorities, to state that the discharges were limited to a total of four to six times , according to the affidavit.
This case is being prosecuted by Special Assistant U.S. Attorney Brad Beeson following an investigation by the Ohio EPA, Ohio Department of Natural Resources, U.S. EPA, the Ohio Bureau of Criminal Investigation, the Youngstown Department of Public Works and the Youngstown Fire Department.
The statutory maximum for violating the Clean Water Act is three years in prison, a $250,000 fine and one year of supervised release.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record (if any), the defendant’s role in the offenses and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and in most cases they will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
North Dakota Woman Charged with Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Yates, North Dakota woman has been indicted by a federal grand jury.
April Pretends Eagle, age 30, was indicted by a federal grand jury on October 16, 2012 for Distribution of a Controlled Substance to a Person Under the Age of 21 and Possession with Intent to Distribute a Controlled Substance. Pretends Eagle appeared before U.S. Magistrate Judge Mark A. Moreno on February 8, 2013 and pled not guilty to the indictment. In addition to a $100 special assessment, the maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 4 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution may also be ordered. The charges are merely accusations and Pretends Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Save Trails Drug Enforcement Task Force and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Pretends Eagle was remanded to the custody of the US Marshal. A trial date has been set for April 1, 2013.
Noah Contractor, Richard Hall, Sentenced for Conspiracy and Theft from A Program Receiving Federal FundsRead the Press Release
RICHARD HALL, age 47, a resident of Harvey, Louisiana, was sentenced today in federal court by U.S. District Court Judge Jay C. Zainey, to 24 months imprisonment after pleading guilty to one count of conspiracy and one count of theft from a program receiving federal funds, the New Orleans Affordable Homeownership (NOAH) program, announced U. S. Attorney Dana J. Boente. The Court in sentencing HALL, granted the Government’s motion for an upward variance from the sentencing guidelines. In addition to the term of imprisonment, Judge Zainey imposed three years of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of his supervised release. The defendant was ordered to pay restitution in excess of $116,000 and fined $30,000.
According to court documents, HALL, a contractor for New Orleans Affordable Homeownership (NOAH), engaged in conspiracy to steal and theft from a program receiving federal funds provided by the U. S. Department of Housing and Urban Development to the City of New Orleans in the form of annual Community Development Block Grants (CDBG), designed to support home remediation work on residences located in New Orleans, Louisiana, following Hurricane Katrina. HALL admitted to conspiring to steal such funds and being paid for multiple home remediations he did not perform. HALL received tens of thousands of dollars in funds that he was not entitled to because either he did not perform remediation work such as gutting, boarding and grass cutting; he had already been paid for work performed on residences, and subsequently received and accepted payment again for the same work; or he collected double payments for work which he did not perform.
The case was investigated by the Federal Bureau of Investigation, the U. S. Department of Housing and Urban Development, Office of Inspector General, the U. S Department of Homeland Security, Office of Inspector General, and the Internal Revenue Service. The case was prosecuted by First Assistant United States Attorney Fred P. Harper, Jr.Nicholson Man Charged with ProducingRead the Press Release
Child Pornography
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 33-year-old Nicholson resident has been charged with producing and attempting to produce child pornography.
According to United States Attorney Peter J. Smith, an Information was filed Wednesday alleging that Alfred Kenvyn persuaded a nine-year-old girl to engage in sexually explicit conduct on a web cam between July and September 2012.
The charge against Kenvyn resulted from an investigation by the Federal Bureau of Investigation and the Blooming Grove, New York Police Department.
In a plea agreement that was also filed in the case, Kenvyn has agreed to plead guilty to the charge and prosecutors have agreed to recommend that Kenvyn be sentenced to 13 years in prison to be followed by supervised release for life.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
New York Man Sentenced to 14 Years in Prison for Etters Bank RobberyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Willie Elmore, age 43, of Brooklyn, New York was sentenced Wednesday by U.S. District Court Judge Christopher C. Conner to a 168-month (14 years) term of imprisonment for the armed robbery of the Fulton Bank in Etters, Pennsylvania. Judge Conner included an enhancement to the prison sentence for obstruction of justice.
Elmore was further ordered to pay $13,781 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, Pennsylvania, was robbed at gunpoint and over $13,000 was stolen from the bank.
Elmore, and co-defendant, Tristan Green, of York, Pennsylvania, were both 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.
Green is scheduled to be sentenced on April 1, 2013.
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.New Castle Man Indicted for Using Facebook to Threaten Government Witness in Federal Narcotics Trafficking and Murder-For-Hire TrialRead the Press Release
WILMINGTON, Del. – Charles M. Oberly, III, United States Attorney for the District of Delaware, announced today that a federal grand jury sitting in Delaware returned an indictment charging John Boney, age 35, of New Castle, Delaware with witness tampering and interstate transportation of threats, in violation of Title 18, United States Code, Sections 875 and 1512.
If convicted of the charges contained in the indictment returned today, John Boney faces a maximum sentence of 20 years in prison, a $250,000 fine, and 3 years of supervised release following any prison sentence.
According to the indictment and court documents filed in the case, John Boney was arrested on January 24, 2013 in the U.S. Courthouse in Wilmington after he used Facebook to threaten a government witness scheduled to testify that day in a federal criminal trial. In that federal criminal trial, John Boney’s brother, William Boney, age 39, of Pike Creek, was charged with narcotics trafficking, attempted murder by retaliating against an informant, and soliciting another person to retaliate against an informant by committing murder.
The trial of William Boney stemmed from his November 2010 attempt to broker a seven-kilogram cocaine deal worth approximately $217,000 at his residence in Delaware. Drug Enforcement Administration (“DEA”) agents intervened before the deal could be completed, and William Boney, along with four other individuals, was arrested. While attempting to cooperate with DEA agents against other narcotics traffickers, William Boney plotted the murder of a confidential informant who had notified DEA agents about the November 2010 cocaine deal. During meetings with a person he solicited to carry out the murder, William Boney discussed killing the confidential informant or the informant’s young child.
John Boney was present in the U.S. Courthouse during William Boney’s criminal trial, which began in the Wilmington federal building on January 22, 2013. On the morning of January 24, 2013, a government witness arrived at the courthouse to testify, but refused to enter the courtroom. The government witness informed law enforcement agents that John Boney sent a message to the witness’s brother on Facebook threatening to kill the witness if he testified against William Boney. In the message, John Boney wrote: “Snitches get laid in ditches right isn’t that the street rule and your bro is a state witness against my bro after he owes him 30 grand.” John Boney ended the message by writing, “if he testifies against someone who helped him out I’m sorry for what happens to him.”
After learning of the threat, federal agents removed John Boney from the courtroom in which William Boney’s trial was being held, interviewed him, and seized an Android smartphone that John Boney admitted using to post the threat on Facebook. John Boney was arrested and remains in federal custody.
On January 29, 2013, the jury returned guilty verdicts against William Boney on charges of conspiracy to possess with intent to distribute cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A), and 846; attempted murder by retaliating against an informant, in violation of Title 18, United States Code, Section 1513(a)(1)(B); and soliciting another person to retaliate against an informant by committing murder, in violation of Title 18, United States Code, Sections 1513(a)(1)(B) and 373.
This case is being investigated by U.S. Drug Enforcement Administration and is being prosecuted by Assistant United States Attorneys Jamie M. McCall and Edward J. McAndrew.
Criminal indictments are only charges and are not evidence of guilt. A defendant is presumed to be innocent unless and until proven guilty.
Morris County, N.J., Man Sentenced to 41 Months in Prison for Possession of Child PornographyRead the Press Release
TRENTON, N.J. – A Morris County, N.J., man was sentenced today to 41months in prison for possessing child pornography on two laptop computers at his residence, U.S. Attorney Paul J. Fishman announced.
Steve Goni, 37, of Mine Hill, N.J., previously pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an Information charging him with possession of child pornography. Judge Shipp imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in Court:
In June 2011, law enforcement agents executed a search warrant for Goni’s residence. They determined that Goni’s laptop computers contained multiple images of child pornography, which appeared to have been downloaded from the Internet. Goni possessed more than 600 images and multiple videos depicting the sexual abuse of children. When interviewed by law enforcement, Goni admitted accessing websites offering child pornography, observing child pornography on those websites, and admitted that child pornography was downloaded onto his computer.
In addition to the prison term, Judge Shipp also sentenced Goni to five years of supervised release, and ordered him to pay $4,000 in restitution to victims of his offense. Goni also must register as a sex offender.U.S. Attorney Fishman credited special agents of ICE Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees in Newark, for the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Shirley U. Emehelu of the U.S. Attorney’s Office criminal division in Newark.
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Defense counsel: John C. Whipple Esq., Chatham, N.J.Montana Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Missoula, Montana man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Rodney A. Stevens, age 38, was indicted by a federal grand jury on August 15, 2012 for failing to pay over $27,942.00 in past due child support. He appeared before US Magistrate Judge William D. Gerdes on February 8, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is two years’ imprisonment; a $250,000.00 fine; one year supervised release; one additional year upon revocation; a $100.00 assessment fee; and child support restitution amount owing at the time of sentencing. The charge is merely an accusation and he is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case. Stevens was released on bond pending trial. A trial date has not been set.
Mississippi Man Pleads Guilty to Federal Narcotics ChargesRead the Press Release
Jackson, Miss. – John D. Anderson, 48, of Lake, Mississippi, pled guilty in U.S. District Court to conspiracy to possess with intent to distribute more than five grams of methamphetamine, U.S. Attorney Gregory K. Davis announced. Anderson will be sentenced on April 30, 2013, and a faces a maximum penalty of 40 years in prison and a $5 million fine.
This case is the result of an extensive investigation, dubbed “Operation Brusha”, targeting illegal narcotics distribution in Scott County, Mississippi. The investigation was conducted by the Mississippi Bureau of Narcotics, the Bureau of Alcohol, Tobacco Firearms and Explosives and Homeland Security Investigations. Assisting agencies included the Mississippi Highway Patrol, Mississippi Bureau of Investigation, Forest Police Department, and Scott County Sheriff’s Department. The case was prosecuted by Assistant U.S. Attorney Erin O. Chalk.###
If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
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Mission Woman Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota woman convicted of Involuntary Manslaughter was sentenced on February 12, 2013 by U.S. District Judge Roberto A. Lange.
Kristen Bear Heels, age 29, was sentenced to 6 months in custody, 6 months home confinement, 18 months of supervised release, and a $100 special assessment to the Victim Assistance Fund. Bear Heels was indicted by a federal grand jury on September 19, 2012, and pled guilty to the charge on November 27, 2012.
The conviction stems from an incident that took place on May 11, 2012 when Bear Heels asphyxiated the victim by overlaying. The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers. Bear Heels must self-report to the custody U.S. Marshal on February 15, 2013.
Mission Woman Pleads Guilty to TheftRead the Press Release
United States Attorney Brendan V. Johnson announced that Tisha Leader Charge, age 33, of Mission, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on February 8, 2013 and pled guilty to Counts II and III of the Indictment that charged her with Theft in Connection with Health Care and Larceny. In addition to a $25 special assessment on each count, the maximum penalty upon conviction is 1 year of imprisonment, a $100,000 fine, or both; 1 year of supervised release and an additional year of supervised release upon revocation. Restitution may also be imposed.
The charges stem from an incident wherein Leader Charge, on or about the 1st day of January 2012 and the 30th day of September 2012, unlawfully took and carried away with intent to steal and purloin, the personal property of the employees and interns at the Indian Health Hospital in Rosebud, South Dakota. During that time period Leader Charge, who was working at the Bureau of Indian Affairs Indian Health Service Hospital as a pharmacy technician, fraudulently obtained prescription medications from the pharmacy in various ways. Leader Charge would “short” prescriptions by taking a few of the prescribed pills out of the bottle before giving the bottle to the patients. Leader Charge also took prescribed medications that a patient did not pick up and she was supposed to restock. Leader Charge would enter the medications in the computer system as being restocked. Leader Charge admitted to giving some of the medications she stole to other people. She also admitted to stealing money out of co-employees’ belongings in the breakroom. The total amount of money stolen was under $1,000.
The investigation was conducted by the Office of the Inspector General and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Leader Charge was released on bond pending sentencing which has been set for April 9, 2013.
Minnesota Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cambridge, MN man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Kenneth B. Kleppen, age 40, was indicted by a federal grand jury on January 8, 2013 for failing to pay over $50,632.00 in past due child support. He appeared before U.S. Magistrate Judge William D. Gerdes on February 8, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is two years imprisonment; a $250,000.00 fine; one year supervised release; one additional year upon revocation; a $100.00 assessment fee; and child support restitution amount owing at the time of sentencing. The charge is merely an accusation and he is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case. Kleppen was released on bond pending trial. A trial date has not been set.
Mexican National Sentenced to Prison for Robbing Bank in Santa Fe in April 2012Read the Press Release
ALBUQUERQUE – Jaime Jesus Sanchez-Ramos, 23, a Mexican national, was sentenced this afternoon to 46 months in prison for his bank robbery conviction. Sanchez-Ramos will be deported to Mexico after he completes his prison sentence. He also was ordered to pay restitution to the four banks he robbed between Jan. 2012 and April 2012.
Sanchez-Ramos was arrested on April 10, 2012, on a criminal complaint charging him with robbing a bank on April 2, 2012. On May 8, 2012, Sanchez-Ramos was indicted and charged with robbing the following four Santa Fe-area banks: (1) the Century Bank, located at 1790 Saint Michael’s Drive, on Jan. 26, 2012; (2) the New Mexico Bank and Trust, located at 1549 Paseo de Peralta, on Feb. 15, 2012; (3) the Bank of Albuquerque, located at 706 Saint Michael’s Drive, on March 16, 2012 ; and (4) the U.S. Bank, located at 3787 Cerrillos Road, on Apr. 2, 2012.
On Nov. 9, 2012, Sanchez-Ramos pled guilty to Count 4 of the indictment, charging him with robbing the U.S. Bank on April 2, 2012, with the stipulation that he would be responsible for restitution to all four banks he robbed.
Under the terms of his plea agreement, the Court dismissed the three remaining counts of the indictment after Sanchez-Ramos was sentenced.
The case was investigated by the Santa Fe office of the FBI and the Santa Fe Police Department, and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and C. Paige Messec.
Metro Denver Man Found Guilty of Health Care Related Fraud Following Jury TrialRead the Press Release
DENVER – Late yesterday afternoon a federal jury found a Metro Denver man guilty of 17 counts of mail fraud, the United States Attorney’s Office and the Food and Drug Administration’s Office of Criminal Investigations announced. John Edward Mullikin, age 51 of Arvada, was remanded into the custody of the U.S. Marshals Service immediately after the guilty verdicts were announced. The case was heard by Senior Tenth Circuit Court Judge David Ebel, who is scheduled to sentence the defendant on May 15th at 2:00pm. Mullikin faces a maximum sentence of 20 years in federal prison and a fine of not more than $250,000.00 per count for each of the 17 counts.
According to the Indictment, as well as evidence presented to the jury, between April 2006, and continuing through July 2008, John Edward Mullikin, devised and knowingly executed and attempted to execute a scheme to defraud various individuals throughout the United States. The scheme to defraud involved luring individuals throughout the United States into paying monies to him in order to participate in a bogus clinical study with the promise the monies would be returned along with further compensation. During this same period of time, the defendant was serving a term of parole in relation to four separate felony convictions involving theft in Adams, Arapahoe and Denver counties. John Edward Mullikinpromoted a study of his weight loss product, which he referred to as “medication”, that he claimed was not a placebo, and that he named “DBL-824" on one website and “Evaril II” on another website. In truth and in fact, the substance was a placebo that merely contained small amounts of vitamins E and C. He then recruited study participants by advertising throughout the United States in newspapers, magazines and on the internet, in the names of various business entities, which contained materially false and fraudulent representations in order to convince participants to enroll in his clinical trial. John Edward Mullikin made materially false and fraudulent representations that the study was part of the National Institutes of Health Obesity Research Task Force and was the subject of a legitimate clinical study “conducted by a respected university research center.”
John Edward Mullikin also made materially false and fraudulent representations that clients would be participating in an “observational efficacy study” of his weight loss product, that “DBL-824 has demonstrated significant effect in Phase I, Phase II, and Phase III clinical trials,” and that “This observational study will obtain further data to complement the recently completed control studies,” when in fact no such clinical studies had ever been conducted. He required all participants to pay an advance fee of $150 “refundable deposit” for the Evaril II study and $144 “one-time refunded deposit” for the DBL-824 study, both of which he falsely represented would be refunded along with the promised compensation. John Edward Mullikin lured participants into the study by making materially false and fraudulent representations that participants would be compensated over $1,000 by the conclusion of the 6 month Evaril II Study and $319.72 per month for 24 months (a total of $7,673.52) by the conclusion of the DBL-824 study. During the scheme, John Edward Mullikin created non-profit corporations, registered trade names, and did business under assumed names, including but not limited to Progenics Research, Inc., IUCDHSC, Inc., RAND Corporation, Metacor labs, Evaril Study, and Research Study UCDHSC Evaril.
He alsoopened checking accounts at financial institutions in Colorado in his name and in the names of various business entities in order to receive checks and monies derived from the scheme. Further, John Edward Mullikin assumed names such as John Milliken, Jack Edwards, John Edwards and Tim Alexander to conceal his true identity. He provided documents to his victims supporting those false and fraudulent representations, such as medical questionnaires, study descriptions, FAQ’s (frequently asked questions), and other materials stating the benefits of participating in a clinical trial. He also directed prospective clients to print and complete the “Enrollment Form” provided on his website and directed them to “mail the completed Enrollment Form and contact information” to various company names at various Post Office boxes in Colorado registered to and utilized by him. He thereby caused study participants to send checks, money orders, and monies written to various business entities, which he then caused to be deposited in bank accounts he controlled. Once he received the victims’ advance fee for participation in the study, John Edward Mullikin withdrew or spent the monies and ceased contact with his victims. Mr. Mullikin did not pay the victims the compensation promised in exchange for their participation in his bogus clinical study, nor did he refund the advance fee that he described as a deposit.
“The defendant used the vulnerability of people seeking health solutions to steal from them,” said U.S. Attorney John Walsh. “Thanks to the excellent team work between the U.S. Attorney’s Office and the FDA, a man with no ethics has been convicted of 17 felonies related to mail fraud.”
“This verdict demonstrates the FDA’s commitment to investigating cases of modern-day snake oil salesman; those individuals and businesses that bilk people of their money with the false promise of phony medical treatments,” said Special Agent in Charge Patrick J. Holland of FDA’s Office of Criminal Investigations, Kansas City Field Office. “We applaud the U.S. Attorney’s Office for their commitment and dedication to this case.”
The Mullikin case was investigated by the United States Food and Drug Administration Office of Criminal Investigations.
The defendant was prosecuted by Assistant U.S. Attorney Jaime Pena.
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