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Wednesday 13 February 2013
Maryland Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
WASHINGTON – Cornelius Magee, 36, of Silver Spring, Md., pled guilty today to a federal charge of possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Magee entered the guilty plea in the U.S. District Court for the District of Columbia. The Honorable Amy Berman Jackson is to sentence him on April 26, 2013. Magee faces a maximum sentence of 10 years of imprisonment as well as a fine of $250,000. Under federal sentencing guidelines, he faces a likely sentencing range of 97 to 121 months in prison.
According to the government's evidence, on Oct. 24, 2012, Magee contacted a man he believed to be the father of a 12-year-old girl on a social network site. That man turned out to be an undercover officer with the FBI's Child Exploitation Task Force.
Over the next two days, Magee engaged in online e-mail and instant message conversations with the undercover officer. During this period of time, Magee sent the undercover officer two videos of child pornography which depicted adult men engaged in sexual acts with children. Following the defendant’s arrest on Oct. 26, 2012, members of the FBI’s Child Exploitation Task Force conducted a search of Magee’s residence and found approximately 16 additional videos of child pornography on the defendant’s computer.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge Parlave, and Chief Lanier praised the work of the MPD Detectives and Special Agents of the FBI’s Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Ari Redbord, who is prosecuting the case.
13-051Manhattan U.S. Attorney Announces Arrest of New York City Man for $8 Million Identity Theft and International Telecommunications Fraud SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Steven G. Hughes, the Special Agent-in-Charge of the New York Office of the U.S. Secret Service, and Kenneth Siegler, the Resident Agent-in-Charge of the New York Office of the Defense Criminal Investigative Service (“DCIS”), announced today the arrest of AMADOU DIA for participating in an international telecommunications fraud scheme that used stolen identity information to activate fraudulent mobile telephone accounts and then make telephone calls to fraudulent overseas telephone numbers that charged a premium connection fee. The scheme allegedly compromised more than 1,000 identities – nearly half of them belonging to members of the U.S. military – and caused at least $8 million in losses to mobile telecommunications providers including AT&T and T-Mobile. DIA was arrested this morning in Manhattan and is expected to be presented in Manhattan federal court before United States Magistrate Judge James L. Cott later today.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Amadou Dia and his co-conspirators dialed for dollars - many millions of them - by stealing countless identities, including hundreds belonging to U.S. military personnel, and racking up international phone bills in their names that left telecom service providers holding the bag. Identity theft is an epidemic of global proportions and we are bound and determined to identify and prosecute those who engage in this illegal conduct.”
Special Agent-in-Charge Steven G. Hughes said: "This investigation is just one example that proves the power of agency partnerships in combating financial fraud and identity theft. This indictment and arrest should serve as a reminder to criminals that law enforcement will continue to pursue individuals engaged in stealing the identities of innocent Americans for financial gain.”
DCIS Resident Agent-in-Charge Kenneth Siegler said: "Today's arrest demonstrates the ongoing commitment of Defense Criminal Investigative Service and its partners in law enforcement to aggressively pursue these crimes and to support their prosecution to the fullest. As a team, we will continue to methodically investigate these allegations, work to ensure confidence in the system, and protect America's war fighters’ identities."
According to the allegations in the Complaint unsealed today in Manhattan federal court:
From 2001 through January 2013, DIA participated in an identity theft and international telecommunications scheme in which he and his co-conspirators obtained stolen identification information from individuals, including names, dates of birth, and social security numbers. He would then activate fraudulent cellular service accounts in their names.
Once the accounts were activated, DIA and members of the fraud ring would create SIM cards and insert them into mobile handsets. They then called premium international telephone numbers that they acquired and controlled, presumably to generate fees for the members of the scheme. The premium numbers were either dead when dialed, or simulated a ringing sound to appear as if a call was not yet connected. The premium numbers – the equivalent of 900 numbers in the United States – charged significant connection fees of as much as $1 per minute that the international carrier then charged to U.S.-based cellular providers such as AT&T and T-Mobile. While the U.S. provider would normally bill subscribers for the calls, in this case the U.S. provider was forced to pay for the calls because the accounts were registered to identity theft victims. The international carrier provided a share of the fees to the holders of the fraudulent international premium telephone numbers, who are believed to be the members of the fraud ring.
Since 2008, approximately 3,400 fraudulent telephone accounts have been activated involving stolen identification information from more than 1,000 individual identity theft victims. According to records maintained by the U.S. Department of Defense, at least 450 or nearly half, of the identity theft victims targeted during the course of this scheme are active duty or retired United States military personnel. The scheme has caused at least $8 million dollars in losses to U.S.-based telephone providers.
DIA, 49, of Manhattan, is charged with one count of conspiracy to commit wire fraud, which carries a maximum of 20 years in prison, one count of conspiracy to commit identity theft, which carries a maximum sentence of 15 years in prison, and one count of aggravated identity theft, which carries a mandatory minimum of two years in prison.
Mr. Bharara praised the Secret Service and DCIS for its outstanding work investigating this case. He also thanked AT&T and T-Mobile USA for their cooperation in the investigation.
This case is being prosecuted by the Office’s Complex Frauds Unit. Assistant U.S. Attorney Timothy T. Howard is in charge of the prosecution.
The charges contained in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
Dia, Amadou Arrest PR
Manchester, New Hampshire Man Sentenced on Distribution of Crack CocaineRead the Press Release
CONCORD, N.H. – Felix Urena, 29, of Manchester, was sentenced in United States District Court for the District of New Hampshire to 5 months imprisonment and three years of supervised release, which includes 5 months of electronic monitoring, after pleading guilty to three counts of distribution of the controlled substance- crack cocaine, announced United States Attorney John P. Kacavas
In March of 2011, the FBI Safe Street Task Force conducted an investigation into the illegal sale of controlled substances within the city of Manchester. A confidential informant identified Urena as a source of supply for “crack” cocaine. On three separate occasions, Urena sold the confidential informant crack cocaine.
The case was prosecuted by Assistant U.S. Attorney Debra M. Walsh.
Manchester Woman Sentenced for Distribution of Oxycodone and Crack CocaineRead the Press Release
CONCORD, NH –Inez Rodriguez, 43, of Manchester, was sentenced in United States District Court for the District of New Hampshire to 12 months in prison and 2 years of supervised release, for her involvement in the distribution of oxycodone and crack cocaine, announced United States Attorney John P. Kacavas.
Inez Rodriguez’s son, Felix Fernandez was a large-scale Percocet distributor. Felix Fernandez supplied defendant Inez Rodriguez, and his grandmother, Aida Marquez, a/k/a “Abuela,” with Percocet for distribution. The Percocet was distributed from various residences in Manchester, including, the residence of Felix Fernandez, the residence of Inez Rodriguez, and the residence of Aida Marquez.
The investigation was conducted by the Federal Bureau of Investigation Safe Streets Gang Task Force and the Manchester, New Hampshire, Police Department Special Investigation Unit. The arrests consisted of a joint federal, state and local effort. Members of the arrest teams included: (1) the Federal Bureau of Investigation; (2) the Manchester, New Hampshire, Police Department; (3) the United States Marshal’s Service; (4) the New Hampshire State Police; (5) the Nashua, New Hampshire, Police Department; and (6) the New Hampshire Department of Probation and Parole and prosecuted by assistant United States Attorney Terry Ollila.
The Safe Streets Gang Task Force initiative, part of the FBI's Violent Crimes and Major Offenders Program, was created to encourage coordinated crime fighting efforts among FBI field offices and our local law enforcement partners. The mission of the Safe Streets Gang Task Force is to effectively utilize task forces to investigate, locate, arrest, and prosecute subjects for serious federal and state crimes, including drug and weapons violations, armed robbery, bank robbery, kidnapping, and gang and drug-related violence.
Man Arrested on Bus Pleads Guilty in Kansas City, Kan., Bank RobberyRead the Press Release
KANSAS CITY, KAN. - A man who was arrested on a bus pleaded guilty Thursday to robbing a bank in Kansas City, Kan., U.S. Attorney Barry Grissom said.
Jamarr Dale, 29, Kansas City, Kan., pleaded guilty to one count of bank robbery. In his plea he admitted that on Jan. 2, 2014, he robbed the Security Bank at 10840 Parallel Parkway in Kansas City, Kan. He entered the bank and gave a teller a note saying, “I need you to give me $3,000 or I’m going to start shooting.” He took the money and left the bank on foot.
Officers of the Kansas City, Kan., Police Department responded to the call and were advised the robber had boarded a city bus at a bus stop in the Wal-Mart parking lot around the corner from the bank. They found Dale sitting on the bus and arrested him.Sentencing will be set at a later date. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Grissom commended the Kansas City, Kan., Police Department and Assistant U.S. Attorney Kim Martin for their work on the case.
Lynnwood Couple Sentenced for Defrauding Programs Designed to Help the NeedyRead the Press Release
A Lynnwood, Washington couple who defrauded state and federal programs designed to assist the needy were sentenced to incarceration and home confinement today for multiple counts of mail fraud and theft of government funds. IGOR MEYER, 47, was sentenced to 30 days in prison, six months of home detention and three years of supervised release. His wife, ZOYA MUSHAILOVA, 35, was also sentenced to 30 days in prison, six months of home detention and three years of supervised release. The couple had a household income of approximately $100,000 and owned their own home. However, they represented to caseworkers that MEYER was a single father of four with income of less than $12,000 per year, allowing him to collect housing and other government benefits. At sentencing U.S. District Judge Robert S. Lasnik said the fraud scheme “has a real corrosive impact on society… both in the attitude of taxpayers and in denying benefits to people who really need them.”
The couple was indicted in October 2011, and the two were convicted following a jury trial in October 2012. Evidence at trial revealed they schemed to defraud programs for the needy of more than $70,000 over three years. The couple purchased a Lynnwood condominium in MUSHAILOVA’s name and they used a real estate management company to ‘rent’ it to MEYER claiming he was a former in-law of MUSHAILOVA. MEYER applied for both food and Social Security benefits as a single father of four, claiming the family had no income. MUSHAILOVA not only owned the Lynnwood condo, she also owned a rental property in Arizona, making the family ineligible for aid. Far from being needy, the couple drove luxury cars, and took cross country and international vacations. On the day they returned from one such vacation to New York and Mount Rushmore, MEYER submitted a declaration to the housing program claiming MUSHAILOVA was his “ex-wife” and he did not know where she lived.
In asking for prison time, prosecutors noted that the average time on the waiting list for housing assistance in Snohomish County is six years. “Defendants exploited social programs intended for the poor. By fraudulently collecting housing benefits they did not need, they denied truly needy families the opportunity to obtain decent housing. They stole funds intended to provide food, cash and medical assistance to the poor. In short, defendants enriched themselves by victimizing the most vulnerable members of the community,” prosecutors wrote in their sentencing memo.
The case was investigated by the Department of Housing and Urban Development Office of Inspector General (HUD-OIG), the Social Security Administration Office of Inspector General (SSA-OIG) and the Department of Social and Health Services Office of Fraud and Accountability.
The case was prosecuted by Assistant United States Attorney Kate Vaughan and Special Assistant United States Attorney Seth Wilkinson. Mr. Wilkinson is an attorney with the Social Security Administration specially designated to prosecute fraud cases in federal court.
Lummi Tribal Member Sentenced to 14 Years in Prison for Sexually Molesting Young ChildrenRead the Press Release
A 42-year-old Whatcom County resident was sentenced today in U.S. District Court in Seattle to 14 years in prison and five years of supervised release for two counts of Aggravated Sexual Abuse, announced U.S. Attorney Jenny A. Durkan. DAVID ALLEN JAMES is a Lummi Tribal member, and the crimes occurred on Lummi Tribal land so the case was prosecuted federally. JAMES was indicted in May 2012 and pleaded guilty in October 2012. At sentencing U.S. District Judge Robert S. Lasnik said, “We have come a long way in recognizing how devastating sexual abuse is to children and how it repeats itself through generations.”
According to records filed in the case, JAMES admitted that between April 2010 and April 2012 he sexually assaulted two young children who were in his care. The children, presently ages 7 and 8, disclosed the abuse and the Lummi Police Department and the FBI investigated.
Speaking to the court JAMES said he hopes to use his time behind bars to get help to understand why he molested the children. JAMES claims that he too was molested as a child.
Judge Lasnik urged JAMES’ family to take a leadership role in bringing sexual abuse out of the shadows in their community saying it was “hurting generation after generation of children. Step up and stop this cycle of sexual abuse.”
The case was prosecuted by Assistant United States Attorney Nicholas Brown.
Logan Quinn Sandau Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 12, 2013, before U.S. District Judge Sam E. Haddon, LOGAN QUINN SANDAU, a 24-year-old resident of Poplar and an enrolled member of a federally recognized tribe, appeared for sentencing. SANDAU was sentenced to a term of:
Prison: 45 months
Special Assessment: $200
Supervised Release: 3 years
SANDAU was sentenced in connection with his guilty plea to assault with a dangerous weapon and assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorneys Laura B. Weiss and Ryan G. Weldon, the government stated it would have proved at trial the following:
On June 9, 2012, SANDAU struck J.W.S. with his car outside a residence on the Fort Peck Indian Reservation. The victim suffered multiple leg fractures, a torn ACL and underwent orthopedic and skin grafting procedures.
The victim was with his brother the day of the offense. They arrived at their cousin's house. Words were exchanged between SANDAU and the victim, resulting in SANDAU threatening to kill the victim. The victim then began punching SANDAU. SANDAU fell, then jumped up and ran to the driver's side of his vehicle. He hopped in and accelerated around the house. The victim did not chase him. SANDAU began driving down the alley toward the victim, who was standing near the house. SANDAU first slowed down when he approached, then suddenly hit the gas and struck the victim, pinning him against the house. Several eye witnesses saw this event transpire and identified SANDAU as the driver.
The victim suffered multiple injuries, including several leg fractures, a torn ACL, cut tendons requiring surgery, and skin grafts.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANDAU will likely serve all of the time imposed by the court. In the federal system, SANDAU 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, the Fort Peck Tribes Criminal Investigation Division, and the Poplar Police Department.
Las Vegas Man Indicted for Felony Bank LarcenyRead the Press Release
Allegedly Stole Three ATM Machines in Idaho
BOISE – Clarence Edward Lancaster, 57, of Las Vegas, Nevada, was indicted yesterday by a federal grand jury in Boise on two counts of felony bank larceny, U.S. Attorney Wendy J. Olson announced. An arraignment date has not yet been set.
The indictment alleges that Lancaster stole three automatic teller machines (ATMs) from two college campuses in Idaho. Specifically, Lancaster allegedly took an ATM machine from the College of Southern Idaho in Twin Falls, Idaho, and stole $39,760 from the machine. The indictment also alleges that Lancaster took two ATMs from Idaho State University in Pocatello, Idaho, and stole a total of $9,000 from those machines.
If convicted, Lancaster faces up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.
The case is being investigated by the Federal Bureau of Investigation, Boise Police Department, Pocatello Police Department, and Twin Falls Police Department.
An indictment is only an allegation of criminal conduct and is not evidence of guilt. A person is presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.
Insurance Agent and Farmer Sentenced in Multi-Million Dollar Crop FraudRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today Chief United States District Judge James C. Dever III, sentenced an insurance agent and a farmer for their parts in a widespread tobacco crop fraud. WILLIAM LARRY ROGERS, 69, an insurance agent, was sentenced to a total of 108 months imprisonment followed by 3 years supervised release. ROGERS was also ordered to pay restitution in the amount of $8,381,378.
RICHARD ENOCH, 68, a farmer who filed false claims in 2006 and 2008, received 1 day imprisonment followed by 5 years supervised release and 6 months house arrest. ENOCH was also ordered to pay restitution in the amount of $58,672.00 and a fine in the amount of $5,000.
Both defendants are from Mebane, North Carolina.
U.S. Attorney Walker stated, As an insurance agent, Rogers was a gatekeeper to ensure honest reporting to the federal government and private insurance companies. Instead, Rogers abused his position of trust for personal enrichment and for the benefit of his insureds. Our office continues to aggressively investigate federal crop insurance fraud to protect the integrity of the United States Department of Agriculture programs and safeguard the taxpayer’s monies.”
Criminal Informations were filed on September 4, 2012, and September 27, 2012, charging ROGERS and ENOCH, respectively. On October 29, 2012, both defendants pled guilty to making false statements to the Federal Crop Insurance Corporation and aiding and abetting the same, all in violation of Title 18, United States Code, Sections 1014 and 2. Additionally, ROGERS pled guilty to conspiring to make false statements, to make material false statements, to commit mail and wire fraud, and to obstruction of justice, all in violation of Title 18, United States Code, Section, 371.
According to the Criminal Information and information presented in open court, ENOCH was a tobacco farmer in Alamance County. ENOCH’s insurance agent was ROGERS. ROGERS owned and operated W.L. Rogers Farm, LLC, and also worked as an insurance agent with Triangle Insurance Group, Inc. As an insurance agent, ROGERS sold, among other things, multi-peril crop insurance and private crop-hail policies for various crops including tobacco. As a result of his agency relationship with insurance companies servicing federal crop insurance policies, ROGERS was required to submit annual conflict of interest forms.
From September 2005 through September 2011, ROGERS conspired with others to commit fraud upon the federal crop insurance program and private crop hail programs, and to obstruct the federal investigation of the fraud. It was the purpose of the conspiracy to profit through the filing of false, ficitious, and fraudulent federal crop insurance claims and private crop hail claims, the sale of unreported tobacco, and to hide the criminal procceds through payments in nominee names.
ROGERS, on behalf of W.L. Rogers Farms, LLC, entered into a contract with Phillip Morris for the sale of tobacco each year from 2005 through 2011. ROGERS thereafter would take tobacco production from co-conspiring farmers and sell that tobacco on the W.L. Rogers Farms, LLC contract. As a result, the farmers were able to hide some or all of their tobacco production. Thereafter, the farmers, with the knowledge and assistance of ROGERS, filed false crop insurance claims.
Additionally, ROGERS helped his farmers pay bribes to loss adjusters who, in turn, inflated the extent of damage to tobacco crops. Loss adjusters submitted the inflated claims to the insurance companies and farmers received monies on false claims.
One such farmer was RICHARD ENOCH. In 2006, and then again in 2008, ENOCH sold tobacco through ROGERS and thereafter failed to disclose such tobacco in production reports in connection with his claims for indemnity payments. As a result of his false claims, ENOCH obtained $58,672 in indemnity payments to which he was not entitled. On March 23, 2011, ENOCH lied to federal law enforcement officers and denied selling hidden tobacco through ROGERS.
In addition to helping farmers commit federal crop insurance fraud, ROGERS lied on conflict of interest forms. Annually from October 2005, through August 2010, ROGERS denied and failed to disclose business relationships with his insureds, including that he was, among other things, (1) buying and selling tobacco with and through his insureds; (2) selling gas and fertilizer to his insureds; (3) loaning equipment to his insureds; and (4) employing an insured as a contract employee.
During the criminal investigation, ROGERS told at least one of his insureds to lie to federal investigators. Other conspiring farmers also provided false and misleading information to law enforcement officers.
As a result of the offense conduct, ROGERS caused to be paid a total of $7,359,197 worth of federal crop insurance indemnity payments to his insureds, and a total of $1,022,181 worth of crop hail indemnity payments to his insureds.
Kaye Citizen-Wilcox, Special Agent in Charge of the U.S. Department of Agriculture-Office of Inspector General added, “The United States Department of Agriculture, Risk Management Agency (RMA), through its private partnerships serve a vital role in serving the needs of farmers following a disaster. Fraudulent activity undermines this program and misdirects taxpayer funds from the puposes they were intended. It is the mission of the United States Department of Agriculture, Office of Inspector General-Investigations to investigate allegations of waste, fraud and abuse in USDA programs. We would like to thank United States Attorney Thomas G. Walker and Assistant United States Attorney Banumathi Rangarajan for aggressively prosecuting perpetrators of fraud in USDA programs.”
The criminal investigation of this case was conducted by United States Department of Agriculture – Office of the Inspector General – Investigations, the United States Department of Agriculture - Risk Management Agency – Special Investigations Branch, and the Internal Revenue Service - Criminal Investigation. Assistant United States Attorney Banumathi Rangarajan is handling the prosecution on behalf of the Eastern District of North Carolina.
Indiana Man Indicted on Charges of Sexually Exploiting Kansas GirlRead the Press Release
KANSAS CITY, KAN. – An Indiana man has been indicted on charges of using the Internet to sexually exploit a minor girl in Douglas County, Kan., U.S. Attorney Barry Grissom said today.
Brett J. Williamson, 35, Ft. Wayne, Ind., is charged with three counts of producing child pornography and three counts of enticing a minor to engage in an unlawful sexual activity. The indictment alleges that in February and April 2012 Williamson enticed the girl to send him photos of herself engaged in sexual activities.
Williamson is being held in the Douglas County Jail.
If convicted, he faces a penalty of not less than 15 years and not more than 30 years in federal prison and a fine up to $250,000 on each count of producing child pornography; and a penalty of not less than 10 years and not more than life and a fine up to $250,000 on each count of enticing a minor. The Lawrence Police Department and the FBI investigated. Assistant U.S. Attorney Kim Martin is prosecuting.
OTHER INDICTMENTS
Edward Davis, 30, Kansas City, Mo., is charged with one count of armed bank robbery. The indictment alleges that on July 13, 2012, Davis used a handgun to rob the Bank Midwest, 3500 Rainbow Blvd., in Kansas City, Kan.
If convicted, he faces a maximum penalty of 25 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
Lola Cherrolene Spurlin, 30, Lenox, Ga., and Eliseo Ortiz-Pinacho, 35, a citizen of Mexico, are charged with knowingly transporting six aliens unlawfully within the United States by automobile. Co-defendant Jose Mario Esquit-Ordon, 22, a citizen of Guatemala, is charged with unlawfully re-entering the United States after being deported. The crimes are alleged to have occurred Feb. 7, 2013, in Allen County, Kan.
Upon conviction, the crimes carry the following penalties:
Knowingly transporting aliens unlawfully in the United States: A maximum penalty of five years in federal prison without parole and a fine up to $250,000.
Unlawfully re-entering the United States after being deported: A maximum penalty of two years in federal prison without parole and a fine up to $250,000.Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Ashley Davis, 27, Kansas City, Kan., is charged with one count of concealing Daniel Bryant from arrest. The crime is alleged to have occurred Jan. 11, 2013, in Kansas City, Kan.
If convicted, she faces a maximum penalty of five years in federal prison and a fine up to $250,000. The FBI and the Career Criminal Squad of the Kansas City, Mo., Police Department investigated. Assistant U.S. Attorney Sheri McCracken is prosecuting.
Dion M. Jones, 21, Kansas City, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Feb. 3, 2013, in Lawrence, Kan.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Lawrence Police Department investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
Earl Watson, 29, an inmate at Leavenworth Penitentiary, is charged with one count of possession with intent to distribute marijuana and one count of possession of marijuana, which is a prohibited object in the prison. The crimes are alleged to have occurred March 23, 2012, in the prison.
If convicted, he faces a maximum penalty of five years and a fine up to $250,000 on the charge of possession with intent to distribute; and a maximum penalty of five years and fine up to $250,000 on the other charge. The FBI investigated. Assistant U.S. Attorney David Zabel is prosecuting.
Arturo Zamudio-Nava, 28, a citizen of Mexico who has been living in Olathe, Kan., is charged with unlawfully re-entering the United States after being deported. He was found July 16, 2012, in Johnson County, Kan.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The Department of Homeland Security investigated. Assistant U.S. Attorney David Smith is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
ID Thief Pleads Guilty to Defrauding Area BanksRead the Press Release
PITTSBURGH, Pa.- A resident of Allegheny County pleaded guilty in federal court to charges of bank fraud and identity theft, United States Attorney David J. Hickton announced today.
Anthony Jose Marchionno, 29, of Pittsburgh, Pa., pleaded guilty on Wednesday to nine counts before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Marchionno used stolen identities of account holders at Citizens Bank, and other western Pennsylvania banks, to produce counterfeit checks or to make cash withdrawals at banks.
Judge Schwab scheduled sentencing for June 12, 2013. The law provides for a total sentence of 225 years in prison, a fine of $2,750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
U.S. Attorney Hickton commended Inspectors from the United States Postal Inspection Service along with agents from the United States Secret Service who, as part of the Western Pennsylvania Financial Crimes Task Force (WPFCTF), conducted the investigation that led to the successful prosecution of Anthony Jose Marchionno. The WPFCTF was established as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partnering in this effort are the United States Attorney's Office for the Western District of Pennsylvania, the United States Secret Service, the United States Postal Inspection Service, the Department of Homeland Security, the Allegheny County District Attorney's Office, the Allegheny County Police Department, the City of Pittsburgh Bureau of Police and the Pennsylvania State Police.
Henderson, Kentucky Man Charged in Multiple Bank RobberiesRead the Press Release
BOWLING GREEN, KY – A federal grand jury meeting in Bowling Green, Kentucky has charged a Henderson, Kentucky man with six counts of bank robbery, today announced David J. Hale, United States Attorney for the Western District of Kentucky.
According to the federal indictment, James Allen Morris, age 54, by force, violence, and intimidation robbed six banks, whose deposits were then insured by the Federal Deposit Insurance Corporation, located in Henderson County, Kentucky, between July 23, 2010 and January 17, 2013.
Specifically, Morris is charged with bank robbery on about January 17, 2013 at Green River Credit Union, 902 Second Street, Henderson, Kentucky; on or about August 22, 2012, Independence Bank, 2610 Zion road, Henderson, Kentucky; on or about August 22, 2012, Bank of Henderson, 2003 Stapp Drive, Henderson, Kentucky; on or about July 11, 2012, Green River Credit Union, 902 Second Street, Henderson, Kentucky; on or about May 24, 2011, U.S. Bank, 501 Barrett Boulevard, Henderson, Kentucky; and on or about July 23, 2010, Integra Bank, 9720 U.S. HWY 41 N., Poole, Kentucky.
If convicted at trial, Morris faces no more than 20 years in prison for each count for a combined maximum of 120 years, a $250,000 fine for each count for a combined maximum of $1,500,000, and supervised release for a period of three years.
Morris is scheduled for an initial appearance on the charges before Magistrate Judge Brent Brennenstuhl, in United States District Court in Owensboro, Kentucky, on February 28, 2013.
The indictment of a person by a Grand Jury is an accusation
only and that person is presumed innocent until and unless
proven guilty.Heather Louise Manyen Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 13, 2013, before Chief U.S. District Judge Richard F. Cebull, HEATHER LOUISE MANYEN, a 32-year-old resident of Laurel, pled guilty to conspiracy to possess methamphetamine with intent to distribute and distribute. Sentencing has been set for May 16, 2013. She is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
In October of 2010, the FBI Safe Streets Task Force (BSSSTF) received information about a large scale methamphetamine distribution organization operating in Yellowstone County.
In the spring of 2011, law enforcement began performing electronic surveillance on C.M., an individual living in Billings. Investigators discovered that C.M., D.M. and A.H. began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement. C.M., D.M. and A.H., had several distributors that sold the methamphetamine for the organization. One of the distributors was Julie Rozell. Rozell admitted to distributing approximately four pounds of methamphetamine for the organization. One of her distributors was HEATHER MANYEN.
During the investigation law enforcement learned that HEATHER MANYEN was a distributor of methamphetamine for Rozell from approximately March 2011, and continuing thereafter until late January 2012. HEATHER MANYEN worked with Frank Manyen to distribute the methamphetamine obtained from Rozell. HEATHER MANYEN and Frank Manyen together distributed the methamphetamine they obtained from Rozell in the greater Billings area. HEATHER MANYEN and Frank Manyen obtained approximately 700 grams of methamphetamine from Rozell, which they in turn distributed to their own customers.
Frank Manyen and Julie Rozell pled guilty to federal charges and are awaiting sentencing.
MANYEN faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 5 years supervised release.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force and High Intensity Drug Trafficking Area (HIDTA) Task Force.
Hartford Man Involved in Crack Distribution Ring Sentenced to Four Years in Federal PrisonRead the Press Release
February 13, 2013David B. Fein, United States Attorney for the District of Connecticut, announced that EARL DAVIS, 54, of Hartford, was sentenced today by United States District Judge Janet C. Hall in New Haven to 48 months of imprisonment, followed by one year of supervised release, for his role in a Hartford crack cocaine distribution ring.
This matter stems from “Operation Vinefield,” a joint law enforcement investigation headed by the FBI’s Northern Connecticut Violent Crimes Task Force targeting narcotics trafficking and gang violence in Hartford’s North End. As a result of the nine-month investigation, 38 individuals were charged with various offenses related to the distribution of crack cocaine and the unlawful possession and dealing of firearms in and around Hartford.
According to court documents and statements made in court, Dana Adams and others supplied crack cocaine to numerous street-level dealers, including gang members, who primarily distributed the drug in the area of Enfield Street in Hartford. Adams utilized lower-level dealers, including DAVIS, to bring customers to him in exchange for money or a quantity of crack cocaine. DAVIS would also provide information to Adams regarding police activity in the area. DAVIS was regularly intercepted on court-authorized wiretaps discussing drug trafficking activity and facilitating the distribution of crack cocaine.
DAVIS has been detained since his arrest on May 8, 2012. On November 28, 2012, he pleaded guilty to one count of using a telephone to facilitate a drug trafficking felony.
On January 31, 2013, Adams was sentenced to 156 months of imprisonment for distributing crack cocaine and for violating the conditions of his supervised release from a previous federal conviction.
This matter has been investigated by the FBI’s Northern Connecticut Violent Crimes Task Force, the Connecticut State Police, the Hartford Police Department, and the Connecticut Department of Correction. The case is being prosecuted by Assistant United States Attorney Brian P. Leaming.
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[email protected]Harnett County Man Sentenced to 114 Months Imprisonment for Drug TraffickingRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court on Monday, February 4, 2013, TERRY ALSTON, 46, of Harnett County, North Carolina, was sentenced by Senior United States District Judge W. Earl Britt to 114 months imprisonment for his role in a drug trafficking conspiracy. Specifically, ALSTON was sentenced for conspiring to distribute, and possessing with the intent to distribute, 280 grams or more of crack cocaine and 5 kilograms of powder cocaine, in violation of Title 21, United States Code, Section 846.
The investigation revealed that from at least January 1999 to April 2009, ALSTON agreed with other known individuals to possess and distribute large amounts of controlled substances in Harnett County and the southern Wake County area of North Carolina.
The investigation of this case was conducted by the Fuquay-Varina Police Department, the Harnett County Sheriff’s Office, the Holly Springs Police Department, the North Carolina State Bureau of Investigation, and the Drug Enforcement Administration.
The investigation into drug trafficking in the Fuquay-Varina area, entitled “Operation Freight Train”, is ongoing.
Guilty Plea Entered by Second Contractor Charged with Paying Bribes to Director of Traffic EngineeringRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Marlies T. Gonzalez, Special Agent in Charge, U.S. Department of Transportation, Office of Inspector General, announced that Anthoneel Allen, 40, of Wellington, pled guilty today to conspiracy to commit bribery in programs receiving federal funds, highway fraud, mail fraud, extortion under color of official right, tax fraud, and Disadvantaged Business Enterprise fraud, all in violation of Title 18, United States Code, Section 371. At sentencing, the defendant faces up to five years imprisonment, three years of supervised release and a fine of up to $250,000. Sentencing has been scheduled for April 26, 2013, at 1:30 p.m.
Allen was charged, along with James Hashim, 50, of Plantation, in connection with a scheme wherein they paid bribes to Jihad El Eid, who was the Director of Traffic Engineering in the Division of Public Works in Broward County. Hashim previously pled guilty on February 1, 2013.
According to the documents filed with the court, Allen owned Southeast Underground Utilities Corp., (“SUU”), in Plantation, Florida. SUU installed, repaired and maintained street lights and traffic signals. Prior to 2005, SUU did not have any contracts with the Broward County government or any Broward County municipality. In or about 2005, Allen hired defendant Hashim to become SUU’s Vice President. Hashim worked as an estimator and helped SUU obtain government contracts. Allen admitted that beginning in 2006 through 2010, he and Hashim provided to El Eid more than $150,000 in cash; a 2003 Ford Taurus; and a job at SUU for El Eid’s relative, Wael El Eid, in order to curry favor with Jihad El Eid. In return, El Eid helped SUU obtain work on significant multi-million dollar projects initiated by the Broward County Traffic Engineering Division, including: the Signalization and Street Light Installation (SSLI) contract, a contract to make installations and do repair work of the street lights and traffic equipment in Broward County; the Advanced Transportation Management System (ATMS Project), a federally-funded project, which required the contractor to install an integrated traffic control system which entailed laying underground cable and conduit in order to synchronize traffic flow within Broward County; and the Video Detection Contract (VDC), which required the contractor to install video detection cameras in various intersections in Broward County in order to improve traffic flow. El Eid also assisted SUU concerning billing, specification and inspection matters that resulted in SUU being overpaid by at least $3,000,000.
Furthermore, according to court documents, Allen also admitted that he and Hashim conspired to evade paying federal income and employment taxes on bonuses and payments made by SUU related to the purchase of Hashim’s $1.25 million house in Plantation. Allen also admitted that he filed a fraudulent application on behalf of SUU to have SUU certified as a Disadvantaged Business Enterprise (DBE), which resulted in SUU being awarded -- directly or as a subcontractor -- approximately 25 contracts from Broward County and other state, county and local governments in Florida based on its fraudulently obtained DBE status, which entitled SUU to receive in excess of $10,000,000 in government contracts.
Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, and the U.S. Department of Transportation, Office of Inspector General, in connection with the investigation of this matter. Mr. Ferrer would also like to recognize the assistance provided by the Broward County Office of the County Attorney, the Broward County Professional Standards Section, the Federal Highway Administration, the Florida Department of Transportation, and the employees of the Broward County Traffic Engineering Division. The case is being prosecuted by Assistant U.S. Attorney Jeffrey N. Kaplan.
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.
Guatemalan Citizen Charged with Illegal ReentryRead the Press Release
Deiby Ovalle-Pinto, 29, of Guatemala, was charged today by Indictment with illegal re-entry after deportation, announced United States Attorney Zane David Memeger. The indictment alleges that on or about February 6, 2013, Ovalle-Pinto, an alien, and native and citizen of Guatemala, was found in the United States after having been deported from the United States on or about June 19, 2003.
If convicted the defendant faces a maximum possible sentence of 20 years imprisonment, not more than three years supervised release, a $250,000 fine and a $100 special assessment.
The case was investigated by the Enforcement and Removal Operations of Immigration and Customs Enforcement of the United States Department of Homeland Security and is being prosecuted by Assistant United States Attorney Linwood C. Wright, Jr.
Click here to view the indictment
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PATTY HARTMAN, Media Contact, 215-861-8525Georgia Man Charged with Firearms TraffickingRead the Press Release
ROCHESTER, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Liddon Young, 32, of Atlanta, Georgia, was arrested and charged by criminal complaint with conspiracy to deal in firearms without a license, dealing in firearms without a license, transporting a firearm in interstate commerce with the intent to commit a felony, and traveling from one state to another to acquire a firearm in furtherance of dealing in firearms without a license. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000.00, or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the complaint, Young illegally sold more than 45 handguns and hundreds of rounds of ammunition to a Rochester-based associate over the last four months. The gun sales took place in Rochester and the Atlanta, Georgia area. After purchasing the handguns from Young, the associate sold the guns to various others in the Rochester area.
On February 8, 2013, law enforcement officers arrested Young in a Chevrolet Tahoe and recovered a .380 caliber handgun, which was loaded with 10 rounds of ammunition, and a gun magazine containing an additional seven rounds of ammunition.During this investigation, federal agents and local officers recovered a total of 14 handguns, more than 800 rounds of ammunition, and a bullet proof vest.
“This case demonstrates the commitment of our law enforcement partners to prosecute those who illegally bring guns into our community,” said U.S. Attorney Hochul.
The criminal complaint is the culmination of an investigation on the part of the Firearms Suppression Unit, composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Special Agent in Charge Joseph A. Anarumo, and the Rochester Police Department, under the direction of Chief James M. Sheppard.
The fact that the defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Georgia Man Admits Taking Bribes to Allow $1 Million Theft<br /> of Government Equipment from Marine BaseRead the Press Release
A retired employee of the Marine Corps Logistics Base Albany (MCLB-Albany) pleaded guilty today to receiving bribes in exchange for allowing heavy equipment to be stolen from the base for resale, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.
Shelby C. Janes, 67, of Albany, Ga., pleaded guilty before U.S. District Judge W. Louis Sands in the Middle District of Georgia to one count of bribery of a public official.
During his guilty plea, Janes, the former civilian inventory control manager of the distribution management center at MCLB-Albany, admitted to participating in a scheme in which he assisted an individual, referred to in court documents as “Person A,” in stealing heavy equipment – such as cranes, bulldozers and front-end loaders – from the base. Person A, the owner of a commercial trucking business that was routinely contracted by the MCLB’s Defense Logistics Agency, then arranged to sell the equipment to private purchasers.
According to court documents, while working at the distribution management center, Janes was responsible for supervising a number of employees in the inventorying of obsolete equipment returning from the Fleet Marine Corps. This equipment was sent to MCLB-Albany for one of two purposes: to be demilitarized and disposed of through eventual sale or destruction, or to be rehabilitated, repaired and redistributed to the Fleet Marine Corps. To accomplish the theft scheme, Janes and one of his employees, referred to in court documents as “Public Official A,” facilitated the theft of the equipment, including by letting the equipment be driven off the base. Janes admitted that to facilitate the unlawful removal of the equipment, he typically prepared a false DD Form 1348 authorizing the Defense Logistics Agency to release the equipment to Person A, and that the equipment was then sold to private purchasers for tens of thousands of dollars.
Janes also admitted that he received payments from Person A after the sale of the stolen equipment, often delivered to him by Public Official A on behalf of Person A in the form of a check or cash, totaling approximately $98,500 during the approximately 15-month scheme. Janes admitted that the total loss to the Department of Defense from the theft of government equipment was approximately $1,075,000.
At sentencing, Janes faces a maximum potential penalty of 15 years in prison and a fine of twice the gain or loss from the offense. As part of his plea agreement with the United States, Janes agreed to forfeit the bribe proceeds he received from the scheme, as well as to pay full restitution to the Department of Defense. A sentencing date has not yet been set.
The case is being prosecuted by Trial Attorneys Richard B. Evans and J.P. Cooney of the Justice Department’s Criminal Division Public Integrity Section and Assistant U.S. Attorney K. Alan Dasher of the Middle District of Georgia. The case is being investigated by the Naval Criminal Investigative Service, with assistance from the Dougherty County District Attorney’s Office Economic Crime Unit and the Department of Defense, Office of Inspector General Defense Criminal Investigative Service.
Georgia Man Admits Taking Bribes to Allow $1 Million Theft of Government Equipment from Marine BaseRead the Press Release
WASHINGTON – A retired employee of the Marine Corps Logistics Base Albany (MCLB-Albany) pleaded guilty today to receiving bribes in exchange for allowing heavy equipment to be stolen from the base for resale, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.Shelby C. Janes, 67, of Albany, Ga., pleaded guilty before U.S. District Judge W. Louis Sands in the Middle District of Georgia to one count of bribery of a public official.
During his guilty plea, Janes, the former civilian inventory control manager of the distribution management center at MCLB-Albany, admitted to participating in a scheme in which he assisted an individual, referred to in court documents as “Person A,” in stealing heavy equipment – such as cranes, bulldozers and front-end loaders – from the base. Person A, the owner of a commercial trucking business that was routinely contracted by the MCLB’s Defense Logistics Agency, then arranged to sell the equipment to private purchasers.
According to court documents, while working at the distribution management center, Janes was responsible for supervising a number of employees in the inventorying of obsolete equipment returning from the Fleet Marine Corps. This equipment was sent to MCLB-Albany for one of two purposes: to be demilitarized and disposed of through eventual sale or destruction, or to be rehabilitated, repaired and redistributed to the Fleet Marine Corps. To accomplish the theft scheme, Janes and one of his employees, referred to in court documents as “Public Official A,” facilitated the theft of the equipment, including by letting the equipment be driven off the base. Janes admitted that to facilitate the unlawful removal of the equipment, he typically prepared a false DD Form 1348 authorizing the Defense Logistics Agency to release the equipment to Person A, and that the equipment was then sold to private purchasers for tens of thousands of dollars.
Janes also admitted that he received payments from Person A after the sale of the stolen equipment, often delivered to him by Public Official A on behalf of Person A in the form of a check or cash, totaling approximately $98,500 during the approximately 15-month scheme. Janes admitted that the total loss to the Department of Defense from the theft of government equipment was approximately $1,075,000.
At sentencing, Janes faces a maximum potential penalty of 15 years in prison and a fine of twice the gain or loss from the offense. As part of his plea agreement with the United States, Janes agreed to forfeit the bribe proceeds he received from the scheme, as well as to pay full restitution to the Department of Defense. A sentencing date has not yet been set.
The case is being prosecuted by Trial Attorneys Richard B. Evans and J.P. Cooney of the Justice Department’s Criminal Division Public Integrity Section and Assistant U.S. Attorney K. Alan Dasher of the Middle District of Georgia. The case is being investigated by the Naval Criminal Investigative Service, with assistance from the Dougherty County District Attorney’s Office Economic Crime Unit and the Department of Defense, Office of Inspector General Defense Criminal Investigative Service.
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Four Men Initially Arrested and Charged in Worcester County Now Facing Federal ChargesRead the Press Release
Baltimore, Maryland - Federal criminal complaints have been filed charging four men, initially arrested and charged in Worcester County, with gun and drug violations. Tony Lamont Mills, age 32, of Berlin, Maryland, has been charged with possession with intent to distribute heroin and possession of a firearm by a felon. The second criminal complaint charges Ramon M. Diamos, age 47, and Arlon J. Macatangay, age 51, both of Jersey City, New Jersey and Ricky Ibanga, age 38, of Bayonne, New Jersey, with conspiracy to distribute and possess with the intent to distribute in excess of 50 grams of crystal methamphetamine
The charges were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Worcester County State’s Attorney Beau Oglesby; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Worcester County Sheriff Reggie T. Mason, Sr.; Chief Arnold Downing of the Berlin Police Department; and Acting
Chief Kevin Kirstein of the Ocean City Police Department.
The State’s Attorney for Worcester County, Beau Oglesby said, “I applaud the combined efforts of Worcester County Sheriff’s Office, the Maryland State Police, the Ocean City Police Department, the Berlin Police Department, ATF and HSI for their investigations in these cases. The adoption of these cases by the United States Attorney’s Office demonstrates the strength of the relationship between local and federal authorities as we work together to pursue the eradication of controlled dangerous substances from our streets and to remove the criminals who are armed with illegal firearms from our communities.”
According to the affidavit filed in support of the arrest of Diamos, Macatangay and Ibanga, the three were pulled over by Maryland State Police on Route 13, near the Virginia State line for a traffic stop. The Trooper learned that Diamos was wanted on a New Jersey warrant and he was arrested. A clear glass pipe and a small amount of methamphetamine were recovered from Diamos’ front pants pocket. During a subsequent search of the car, the Trooper discovered a manilla envelope that contained 240 grams of crystal methamphetamine, and a receipt in Macatangay’s name. Macatangay and Ibanga were then arrested and additional methamphetamine was recovered from Macatangay’s jacket pocket.
Diamos, Macatangay and Ibanga face a minimum mandatory sentence of 10 years in prison and a maximum of life in prison for conspiracy to distribute methamphetamine. Diamos, Macatangay and Ibanga had an initial appearance this afternoon in U.S. District Court in Baltimore and are detained. Ibanga is scheduled for a detention hearing on February 15, 2013. Diamos and Macatangay consented to detention.
According to Mills’ criminal complaint, on at least two occasions in August 2012, an undercover police detective conducted two hand to hand purchases of heroin from Mills, meeting Mills in his vehicle. On August 31, 2012, law enforcement executed a search warrant at Mills’ residence. Mills was discovered hiding in a bedroom closet, where officers also located a loaded .32 caliber revolver and a box of .32 caliber ammunition. During the search, officers also recovered heroin, marijuana and drug packaging material.
Mills faces a maximum sentence of 20 years in prison for possession with intent to distribute heroin and up to life in prison for being a felon in possession of a firearm. Mills also had an initial appearance today in U.S. District Court in Baltimore and is detained.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein praised the ATF, HSI Baltimore, Worcester County Sheriff’s Office, the Maryland State Police, the Ocean City Police Department and the Berlin Police Department for their work in these investigations. Mr. Rosenstein thanked Assistant United States Attorneys Michael C. Hanlon and Christopher J. Romano, who are prosecuting the Mills and Diamos cases, respectively.
Four Defendants Charged with Possessing, Selling, and Passing Counterfeit U.S. CurrencyRead the Press Release
United States Attorney James L. Santelle announced today that on February 12, 2013, two indictments were returned in federal court charging four defendants with possessing, selling, and passing counterfeit U.S. currency in violation of Title 18, United States Code, Section 472. The defendants were passing and selling the counterfeit U.S. currency throughout the Eastern District of Wisconsin.
The defendants are identified as: Steven G. Luster (age: 49) and his son Stevon M. Luster (age: 20), Abraham T. Scull (age: 28), and Antonio L. Jenkins-Gates (age: 30), all of Milwaukee, WI. To date, the defendants have possessed, sold, and passed over $25,000 of counterfeit U.S. currency. The defendants, if convicted, face a maximum term of 20 years’ imprisonment, a fine of up to $250,000 and a maximum of 3 years’ supervised release.
The defendants were charged after a long-term investigation by the United States Secret Service acting in concert with numerous local law enforcement agencies throughout Southeastern Wisconsin. This case is being prosecuted by Assistant U.S. Attorneys Bridget J. Domaszek and Laura S. Kwaterski.
An indictment is merely the formal method of charging an individual and does not constitute inference of his or her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.Former Oklahoma Jail Superintendent and Assistant Jail Superintendent Indicted on Multiple Civil Rights OffensesRead the Press Release
A federal grand jury in Muskogee, Okla., has indicted Raymond A. Barnes, 42, and Christopher A. Brown, 31, the former jail superintendent and assistant jail superintendent, respectively, of the Muskogee County Jail (MCJ) on multiple counts of civil rights offenses related to allegations of excessive force on inmates at MCJ on or between August 2009 and May 2011. Brown is also charged with making material false statements to the FBI.
The indictment charges both Barnes and Brown with one count of conspiring to violate the rights of inmates housed at MCJ by assaulting inmates themselves or by directing other jailers employed by MCJ to do so. Specifically, the indictment alleges that as part the conspiracy, the defendants did the following: unjustifiably strike, assault, harm and physically punish inmates at MCJ who were restrained, compliant and not posing a physical threat to anyone; organize “meet and greets,” whereby jailers would scare, punish and harm incoming inmates from neighboring counties by throwing and slamming the handcuffed inmates to the ground upon their arrival at the MCJ; threaten to fire MCJ employees if they reported abusive behavior directly to the sheriff or to outside law enforcement authorities; require and encourage MCJ jailers to write incident reports that falsely justified uses of force and contained misleading or inaccurate accounts of what had occurred when force was used; and perpetuate an environment within the MCJ that allowed unlawful beatings and assaults against inmates to continue indefinitely and without consequence.
The indictment further charges the defendants with aiding and abetting each other in violating the rights of two different inmates when the MCJ jailers slammed and threw the inmates to the ground while they were handcuffed. The indictment alleges that these offenses resulted in bodily injury.
Brown is additionally charged with one count of making material false statements to the FBI. According to the indictment, Brown falsely claimed that during “meet and greets,” when an inmate from an out-of-county jail arrives at MCJ, the inmate is ordered out of the transport vehicle, and then is “gently placed” on the ground. The indictment alleges that this was false in that the defendant knew at the time of his statement to the FBI that during “meet and greets,” when an inmate arrived from an out-out-county jail, the MCJ jailers routinely threw and slammed inmates to the ground even though the inmates were restrained and not posing a physical threat to anyone.
Barnes and Brown face a maximum penalty of 10 years for each of the three civil rights offenses. Brown faces a maximum penalty of five years for making material false statements to the FBI.
An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty.
This case is being investigated by the Muskogee Resident Agency of the Oklahoma City Division of the FBI and is being prosecuted by Fara Gold and Dana Mulhauser of the Civil Rights Division of the U.S. Department of Justice.
Former Muskogee, Oklahoma, Detention Officer Indicted for Making False Statements to the FBIRead the Press Release
A federal grand jury in Muskogee, Okla., has indicted Dennis Frisbie Jr., 32, a former detention officer at the Muskogee County Jail (MCJ), on one count of making material false statements to the FBI.
According to the indictment, Frisbie falsely reported to the FBI that he had been shot by an unknown individual on or about July 9, 2011, and that he believed he was shot because he had previously been interviewed and cooperated with the FBI regarding an investigation into matters at the MCJ. The indictment alleges that this statement was false because Frisbie knew at the time of his statement to the FBI that he had not been shot by an unknown individual because of his previous cooperation with the FBI.
Frisbie faces a maximum penalty of five years for making material false statements to the FBI.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
This case is being investigated by the Muskogee Resident Agency of the Oklahoma City Division of the FBI and is being prosecuted by Fara Gold and Dana Mulhauser of the Civil Rights Division of the U.S. Department of Justice.
Former Hedge Fund Founder Steven Fortuna Sentenced in Manhattan Federal Court for Insider TradingRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that STEVEN FORTUNA, who co-founded the hedge fund S2 Capital LLC (“S2”), was sentenced today to two years of probation for his participation in an insider trading scheme in which he obtained and traded on material, nonpublic information (“Inside Information”) about various publicly-traded companies from employees at other hedge funds. FORTUNA pled guilty in October 2009 to three counts of conspiracy to commit securities fraud and one count of securities fraud pursuant to a cooperation agreement with the Government. He was sentenced today in Manhattan federal court by U.S. District Judge Sidney H. Stein.
According to the Information, statements made during FORTUNA’s guilty plea proceeding, and the Government’s sentencing submission in his case:
From July 2008 through March 2009, while working as a portfolio manager at a hedge fund he co-founded, FORTUNA obtained Inside Information concerning various technology companies from employees at other hedge funds for the purpose of trading on that information. The Inside Information was disclosed by company insiders in breach of their duties to their respective employers.
For example, in July and August 2008, FORTUNA obtained Inside Information concerning Akamai, Inc. (“Akamai”) from Danielle Chiesi, a portfolio manager at New Castle Partners, a hedge fund. Chiesi told FORTUNA that Akamai planned to report that its revenue guidance for the following quarter would miss expectations and that, internally, the company believed that its stock price would fall following the quarterly earnings announcement. FORTUNA executed trades based on that Inside Information, and earned approximately $2.4 million in profits for S2.
As part of the conditions of his probation, FORTUNA, 50, of Westwood, Massachusetts, was ordered to serve six months on home confinement with electronic monitoring, and 120 hours of community service during each of the years of his probation. He was also ordered to pay forfeiture in the amount of $200,000, and a $400 special assessment fee.
Mr. Bharara praised the investigative work of the Federal Bureau of Investigation. He also thanked the U.S. Securities and Exchange Commission.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force, on which Mr. Bharara serves as a Co-Chair of the Securities and Commodities Fraud Working Group. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
The case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Antonia M. Apps is in charge of the prosecution.
Florida Man Pleads Guilty to Trafficking Counterfeit GoodsRead the Press Release
United States Attorney Brendan V. Johnson announced that an Ormond Beach, Florida man appeared before Chief U.S. District Judge Jeffrey L. Viken on February 8, 2013 and pled guilty to Trafficking in Counterfeit Goods or Services. The maximum penalty upon conviction is 10 years' imprisonment and/or a $2,000,000 fine.
Between February 2010 and August 2011, Nir Giist, age 55, intentionally sold counterfeit goods near Rapid City, Keystone, Deadwood, Hill City, and Sturgis, South Dakota. The sale of counterfeit goods violated the trademarks held by Monster Energy, Angry Birds, Hollister, The North Face, and Ed Hardy.
The investigation was conducted by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI). The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.
A presentence investigation was ordered and a sentencing date was set for June 10, 2013. The defendant was released on bond pending sentencing.
Fairfax Nursing Center to Pay $700,000 to Resolve False Claims Act AllegationsRead the Press Release
WASHINGTON – Fairfax, Va.-based skilled nursing facility Fairfax Nursing Center (FNC) and its owners have agreed to pay $700,000 to resolve allegations that they violated the False Claims Act by knowingly submitting or causing the submission to Medicare of false claims for non-reimbursable rehabilitation therapy services, the Justice Department announced today.
The settlement resolves claims that FNC provided excessive, medically unnecessary, or otherwise non-reimbursable physical, occupational, and speech therapy services to 37 Medicare beneficiaries serviced by FNC between January 2007 and December 2010. The United States alleged that the rehabilitation therapy services provided by FNC to these beneficiaries were not reasonable and necessary for the treatment of their condition. Specifically, the United States alleged that the therapy services were often excessive, duplicative, performed without clear goals or direction, and, in some instances, performed primarily to capture higher reimbursement rates.
“Medicare fraud takes many forms and arises in various segments of health care,” said U.S. Attorney Neil H. MacBride. “We continue to work toward recovery of money lost to overbillings to Medicare.”
“Today’s settlement is another example of the Department’s efforts to hold skilled nursing facilities accountable for the rehabilitation therapy services they deliver to some of the most vulnerable in our society,” said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Civil Division of the Department of Justice. “The provision of excessive and medically unnecessary therapy services will not be tolerated.”
This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover nearly $10.2 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $14 billion.
The allegations settled today arose from a lawsuit filed by two former FNC therapists and one former contract therapist under the qui tam, or whistleblower provisions, of the False Claims Act. Under the False Claims Act, private citizens can bring suit on behalf of the United States and share in any recovery. The whistleblowers in this case will receive, collectively, $122,500 of the recovery. The lawsuit is captioned as United States of America & Commonwealth of Virginia ex rel. Christine Ribik, Nadine Kelly, & Stephanie Beauregard v. Fairfax Nursing Center, Inc., et al., No. 1:11-cv-496 (E.D. Va.).
The case was handled by Assistant U.S. Attorneys Monika Moore and Gerard Mene of the U.S. Attorney’s Office for the Eastern District of Virginia, the Department of Justice’s Civil Division, the Office of the Inspector General of the U.S. Department of Health and Human Services, and the Medicaid Fraud Control Unit of the Commonwealth of Virginia Attorney General’s Office. The claims settled by this agreement are allegations only; there has been no determination of liability.
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Dodge City Gang Member Pleads Guilty to Attempted MurderRead the Press Release
WICHITA, KAN. – A member of a Dodge City street gang targeted in a federal racketeering case has pleaded guilty to attempted murder, U.S. Attorney Barry Grissom said today.
Jason Najera, 29, Dodge City, Kan., pleaded guilty to one count of attempted murder in furtherance of racketeering. In his plea, Najera admitted that on Aug. 27, 2011, he used a knife to stab two men he mistakenly believed were members of a rival gang.
On that date, Najera accompanied co-defendant Humberto Ortiz when Ortiz went to a residence at 703 9th Avenue in Dodge City. Ortiz and Najera confronted some men they suspected of being members of the Surenos street gang. Ortiz was a member of Los Carnales Chingones and Najera was a member of Diablos Viejos, both of which were associated with the Nortenos street gang and considered Surenos their common enemies.
When a fight started, Najera used a knife to stab victims Gabriel Rivera and Carlos Ramirez. During the fight, both Rivera and Ramirez were stabbed, with Rivera’s injuries requiring a life-flight to a hospital in Wichita.
In his plea, Najera admitted that as a member of the Diablos Viejos he was part of an ongoing criminal conspiracy involving the Nortenos street gang whose members used murder, robbery, assault and acts of violence to protect and expand their operations.
Sentencing is set for May 6. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.
In January, co-defendant Humberto Ortiz was sentenced to 46 months in federal prison.
Najera and Ortiz were among 23 defendants indicted in May who were charged under the federal RICO Act (Racketeering Influenced and Corrupt Organizations Act.) The indictment marked only the second time federal prosecutors in Kansas have filed charges under RICO and VICAR (Violent Crimes in Aid of Racketeering).
Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff’s Office, the Kansas Bureau of Investigation, Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Lanny Welch for their work on the case.
Dentist Sentenced in Healthcare Fraud SchemeRead the Press Release
ERIE, Pa. - A resident of Sugar Land, Texas and former resident of Fairview, Pennsylvania, has been sentenced in federal court to 4 months imprisonment, 8 months home detention with electronic monitoring, three years of supervised release and ordered to make restitution to United Healthcare Community Plan of Pennsylvania in the amount of $288,528.89 on her conviction of false statements relating to health care matters, United States Attorney David J. Hickton announced today.
United States District Judge Sean J. McLaughlin imposed the sentence on Kristi Ayn Liebau, 40.
According to information presented to the court, during the period from January 2008 through March 2011, Dr. Liebau, a dentist, submitted false claims to health care benefit programs (insurance plans), billing for different procedures than she had performed, up-coding claims to more expensive services, billing for medically unnecessary procedures, billing for procedures on teeth that were not present, billing for procedures that were not performed, and billing for an exorbitant number of procedures that could not have been performed in the allotted surgery time.
Prior to imposing sentence, Judge McLaughlin commented that the sentence he imposed should have a deterrent effect on other dentists or doctors who would seek to use their professions to engage in fraud.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation and the Pennsylvania Office of Attorney General for the investigation leading to the successful prosecution of Liebau.
Deming Man Sentenced to Ten Years in Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Yesterday afternoon, a federal judge in Las Cruces, N.M., sentenced Derek Marcus Garcia, 35, of Deming, N.M., to ten years in prison followed by five years of supervised release for his methamphetamine trafficking conviction.
Garcia was arrested on Sept. 1, 2011, and charged in a criminal complaint after law enforcement authorities recovered approximately 195 grams of methamphetamine from him following a vehicle stop in Deming. In Jan. 2012, Garcia was indicted and charged with possession of methamphetamine with intent to distribute. Garcia pled guilty to the indictment on June 19, 2012.
Court records reflect that Garcia was stopped by a New Mexico State Police officer for a traffic violation in Deming on Sept. 1, 2011. After a U.S. Border Patrol narcotics canine detected the presence of narcotics in the driver’s seat of Garcia’s vehicle, Garcia admitted that he was in possession of narcotics and removed a bag containing approximately 195 grams of methamphetamine from his pants.
Garcia has been on conditions of release since Sept. 16, 2011. He was ordered to surrender to the U.S. Bureau of Prisons to begin serving his prison sentence in approximately 60 days.
The case was investigated by the Deming office of the Homeland Security Investigations, the New Mexico State Police and the U.S. Border Patrol. It was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Convicted Felon Gets 78 Months for Gun ChargeRead the Press Release
PHILADELPHIA - Marquan Greggs, 22, of Philadelphia, was sentenced yesterday to 78 months for a charge of possession of a firearm by a convicted felon. Greggs was arrested after a police chase on March 1, 2011, during which he threw a stolen firearm with 10 rounds of ammunition into the street in the 800 block of E. Hilton Street, Philadelphia. Greggs was on parole at the time for two drug trafficking convictions. Greggs pleaded guilty to the charge on April 24, 2012.
In addition to the prison term, U.S. District Court Judge Juan R. Sanchez ordered a $1,000 fine, three years of supervised release, and a $100 special assessment.
This case was investigated by the Philadelphia Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives. It was prosecuted by Assistant United States Attorney Ewald Zittlau.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Convenience Store and Cellular Telephone Store Robber SentencedRead the Press Release
GREENVILLE - United States Attorney Thomas G. Walker announced that in federal court today Senior United States District Judge Malcolm J. Howardsentenced JAMES ARTHUR ACKLIN, JR., 21, of Greenville, North Carolina, to 228 months imprisonment and 5 years of supervised release. ACKLIN was also ordered to pay restitution, in the total amount of $6,871.08. ACKLIN was sentenced for his role in a 12-day spree of seven convenience store and cellular telephone store robberies in and around Greenville in April and May of 2011.
On April 22, 2011, ACKLIN robbed, at gunpoint, the Wilco-Hess convenience store on South Memorial Drive in Greenville, netting $771.00. On April 25, 2011, ACKLIN robbed, at gunpoint, the Kangaroo Express convenience store on Charles Boulevard in Greenville, netting $176.68. On April 27, 2011, ACKLIN robbed, at gunpoint, the Kangaroo Express convenience store on Eastern Pines Road in Greenville, netting $96.46. On April 28, 2011, ACKLIN robbed, at gunpoint, the Kangaroo Express convenience store on Southeast Greenville Boulevard in Greenville, netting $66.00. On April 29, ACKLIN, along with Julius Deshawn Hobbs, robbed, at gunpoint, the Sunshine Wireless store on Third Street in Ayden, netting $3,288.97. On May 2, 2011, ACKLIN, again with Hobbs, robbed, at gunpoint, the U.S. Cellular store on Winterville Parkway in Winterville, netting $1,393.00. Finally, on May 3, 2011, ACKLIN, along with Hobbs and Marquail Earl Mouring, robbed, at gunpoint, the U.S. Cellular store on Southwest Greenville Boulevard in Greenville, netting $1,080.00.
On November 8, 2012, ACKLIN pled guilty to seven counts of Hobbs Act Robbery, in violation of Title 18, United States Code, Section 1951, and a count of using or carrying a firearm during and in relation to a crime of violence, or possessing a firearm in furtherance of a crime, in violation of Title 18, United States Code, Section 924(c)(1)(A).
Co-defendant Julius Deshawn Hobbs of Greenville was previously sentenced to 132 months for his role in the three cellular telephone store robberies. Co-defendant Marquail Earl Mouring was previously sentenced to 108 months for his role in the May 3, 2011 robbery of the U.S. Cellular store on Greenville Boulevard in Greenville.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Greenville Police Department, the Ayden Police Department, and the Pitt County Sheriff’s Office. Assistant United States Attorney John Bennett is prosecuting the case.
Consultant for the Florida Department of Transportation Pleads Guilty to Accepting A BribeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Marlies T. Gonzalez, Special Agent in Charge, U.S. Department of Transportation, Office of Inspector General, announced that defendant Ron Capobianco, Jr., 40, of Pompano Beach, pled guilty today to committing bribery in connection with programs receiving federal funds, in violation of Title 18, United States Code, Section 666. At sentencing, the defendant faces up to ten years imprisonment, three years supervised release and a $250,000 fine. Sentencing has been scheduled for May 7, 2013, at 8:30 a.m.
According to documents filed with the court, the defendant worked as a construction engineering and inspection consultant at an engineering company, which specialized in the transportation industry. The Florida Department of Transportation (FDOT) contracted with this company to provide services, including designing, inspecting, and troubleshooting the construction of roads, signs, and traffic signals. Because of his position and expertise, the defendant was consulted as an FDOT expert on certain aspects of signalization and lighting construction, including the use of video detection cameras for traffic signalization and control.
Furthermore, according to court documents, in 2009, FDOT began a road construction project along Highway 1 in the Florida Keys -- the Marathon Key project -- which was designed to improve traffic flow. The defendant agreed to accept a bribe from a subcontractor working on this project. In May 2009, an agent of the subcontractor offered to pay the defendant a bribe if the subcontractor received at least $25,000 for the installation of the video detection equipment. The defendant agreed to the subcontractor’s $25,000 estimate for the installation of the video detection devices, thus enabling the subcontractor to make a significant profit. The subcontractor’s estimate was approved and subsequently paid by the State of Florida after the installation of the video detection equipment. In May 2009, the defendant met with an agent of the subcontractor and was paid $4,000 for his assistance to the subcontractor on this project.
Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, and the U.S. Department of Transportation, Office of Inspector General, in connection with the investigation of this matter. The case is being prosecuted by Assistant U.S. Attorney Jeffrey N. Kaplan.
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.
Colorado Big Game Outfitter Sentenced to Prison for Six Lacey Act FeloniesRead the Press Release
Big game hunting outfitter Dennis Eugene Rodebaugh, 72, of Meeker, Colo., was sentenced in Denver today to 41 months in prison to be followed by three years supervised release for six felony counts of violating the Lacey Act, announced the Department of Justice Environment and Natural Resources Division, the U.S. Fish and Wildlife Service and Colorado Parks and Wildlife. District Judge Christine M. Arguello also sentenced Rodebaugh, to pay a $7,500 fine to the Lacey Act reward fund and $37,390 in restitution to the state of Colorado for the value of illegally taken elk and deer.
Rodebaugh was found guilty by a jury in September 2012 of aiding and abetting six violations of the Lacey Act by providing outfitting and guiding services from salt-baited tree-stands between 2005 and 2007. Beginning in 1988, Mr. Rodebaugh began offering multi-day elk and deer hunts to out-of-state clients on the White River National Forest through his outfitting business, called “D&S Guide and Outfitter,” for between $1,200 and $1,600.
Rodebaugh's assistant guide, Brian Kunz, was also sentenced today. He previously pleaded guilty to two misdemeanor counts of violating the Lacey Act while working for Rodebaugh. Based on his acceptance of responsibility and the government’s motion for downward departure based on his cooperation, the court sentenced Mr. Kunz to time served (one day) and one year of probation plus a $2,000 fine
Each spring and summer, Mr. Rodebaugh placed hundreds of pounds of salt as bait near the tree-stands from which his clients would hunt deer and elk with archery equipment. The placement and use of salt to aid in the taking of big game is unlawful in Colorado. The interstate sale of big game outfitting and guiding services for the unlawful taking of big game with the aid of bait constitutes a violation of the Lacey Act.
This case was investigated by Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service.The case was prosecuted by Senior Trial Attorney J. Ronald Sutcliffe and Trial Attorney Mark Romley, of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.
Cleveland Man Faces Additional Charge of Being A Felon in Possession of A FirearmRead the Press Release
A superseding indictment was filed adding an additional charge of being a felon in possession against Raymone “Ramone” Clements, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Clements, 42, of Cleveland, was indicted last month on a charge of being a felon in possession of ammunition. Clements was found to have one round of .357-caliber ammunition and two rounds of .22-caliber ammunition on Dec. 20, 2012, despite previous convictions in the Cuyahoga County Court of Common Pleas for rape (2006), drug trafficking (2003) and aggravated robbery (1991), according to the indictment.
A second count has been added, charging that on or about Jan. 17, 2013, Clements had possession of a Rossi, Model Garrucha, .22-caliber Derringer, serial number 307228, despite the aforementioned convictions.
“This office places a high priority on keeping firearms and ammunition out of the hands of those who are forbidden by law from obtaining them,” Dettelbach said. “Whether is a person using a gun to commit a violent crime, a felon illegally obtaining ammunition or a straw purchaser trying to circumvent the law, we will aggressively pursue those who would violate our nation’s firearms laws.
"We will continue to work side by side with our federal, state, county and local law enforcement partners to make sure those individuals who illegally possess firearms and/or ammunition are held accountable for their actions,” said ATF Special Agent in Charge Robin Shoemaker, Columbus Field Division.
The Unites States Attorney’s Office for the Northern District of Ohio filed 176 indictments for violations of federal firearms laws last year, with the average sentence being more than six years in prison.
This case is being prosecuted by Assistant U.S. Attorney Kelly L. Galvin following an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives and Cleveland Heights Police Department.
The charge carries a maximum penalty of 10 years in prison. 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 records, the defendant’s role in the offenses and the characteristics of the violation.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Career Offender Sentenced to over 14 Yeas in Len Bias Case - Distribution of Heroin Resulting in DeathRead the Press Release
PORTLAND, Ore. - Jacob Tolman, 34, of Portland, Oregon, was sentenced today by United States District Judge Ancer Haggerty to 175 months in prison, to be followed by a four-year term of supervised release. The federal charges were brought after an investigation led by the Clackamas County Sheriff's Office Interagency Task Force (CCITF), which committed experienced narcotics investigators and significant agency resources immediately upon discovery of a heroin overdose victim, Zachary Holland. Holland, 23, a resident of Milwaukie, Oregon, was found dead on Saturday, November 5, 2011. Investigators found drug paraphernalia and residue quantities of black tar heroin. Holland was among the record number of individuals - 143 - who died from heroin overdoses in Oregon in 2011. According to family members, Holland began using heroin after he became dependent on prescription painkillers. Prior to his death, Holland made several attempts to fight his heroin addiction, including attending drug treatment therapy.
According to prosecutors, Tolman is a career offender based on his prior felony convictions. At the time of this offense, Tolman had just been granted pretrial release in Clackamas County where he was pending charges for unlawful distribution of oxycontin. "Heroin continues to wreak havoc on this community, and I applaud the effort of our partners in the Clackamas County Interagency Task Force for their great work in this case and many other investigations that target those who distribute this poison," said U.S. Attorney Amanda Marshall. "Today's 175-month sentence for this defendant is the highest sentence obtained to date in Len Bias cases brought in the District of Oregon. It is our hope that these stiff penalties will dissuade drug dealers who prey on desperate and vulnerable addicts."
The United States Attorney's Office and the Clackamas County District Attorney's Office have made the investigation and prosecution of drug overdose cases a high priority due to the devastating impact drug distribution has in Oregon. Several significant drug dealers who would have otherwise gone undetected, have been arrested, successfully prosecuted, and sentenced to prison in both state and federal court as a result of this combined state and local effort to investigate and prosecute drug overdose deaths.
The case was prosecuted by Assistant U.S. Attorney Leah K. Bolstad and Special Assistant U.S. Attorney Steven Mygrant of the Clackamas County District Attorney's Office.
CEO Charged in Multi-Million Dollar Embezzlement ScamRead the Press Release
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, and Kathy Fernandez Rundle, State Attorney for Miami-Dade County, jointly announced the filing of a federal and state charges against defendant Kathryn Abbate, 64, of Hollywood, Florida.
Abbate is charged by Information in the federal case with theft of money from programs receiving federal funds, in violation of Title 18, United States Code, Section 666. If convicted, Abbate faces up to 10 years imprisonment, three years of supervised release, a fine of up to $250,000, and she may be ordered to pay restitution.
In the state case, Abbate is charged by Information with one count of an organized scheme to defraud and one count of grand theft in the first degree, in violation of Florida Statutes Sections 817.034(4)(a)1 and 812.014(2)(a). If convicted, Abbate faces up to 30 years imprisonment.
U.S. Attorney Wifredo A. Ferrer said “Holding accountable those who steal from the federal government for personal profit is one of my top priorities. Kathryn Abbate, the former CEO of the Miami Beach Community Health Center, was charged today with stealing federal funds from the most vulnerable among us – the sick, the elderly and the poor. We will not relent in our efforts to charge individuals who use the health care system to line their own pockets. Our investigation remains ongoing.”
Kathy Fernandez Rundle, State Attorney for Miami-Dade County, said “There is no excuse for the theft of funds intended to heal the sick and the poor of our community. Every stolen dollar took a part of a sick person’s future. I am gratified that the State Attorney’s Office, the United States Attorney’s Office and the Miami-Dade Office Inspector General were able to develop the evidence to charge the responsible individual and to help correct an oversight system that allowed this theft to happen.”
According to the Information filed in U.S. District Court, from 2008 to 2012, Abbate was the Chief Executive Officer of the Miami Beach Community Health Center (“MBCHC”). MBCHC was a federally qualified Health Center, which is a community-based organization that provides medical care to persons regardless of ability to pay, with locations in Miami Beach and North Miami, Florida. To carry out its mission, MBCHC was funded by federal, state, and local grants, as well as private donors. MBCHC received federal funds from the U.S. Department of Health and Human Services.
Furthermore, according to the Information filed in U.S. District Court, Abbate embezzled money from MBCHC when she obtained unauthorized compensation by causing MBCHC to issue unaccrued vacation pay to her that was not approved nor authorized by the Board of Directors. Abbate also caused MBCHC to disburse millions of dollars in over eight hundred checks made payable to her for “community development.” Funds from these checks were subsequently misappropriated by Abbate. Furthermore, Abbate knowingly provided fraudulent documentation to MBCHC’s auditors which falsely indicated that one million dollars of these funds were paid to five doctors. The aggregate value of the property under the care, custody and control of MBCHC that the defendant is charged with embezzling was several million dollars.
U.S. Attorney Ferrer and State Attorney Rundle thanked the law enforcement agencies involved in this investigation, as well as MBCHC for its cooperation in the investigation. The Federal case is being prosecuted by Assistant U.S Attorneys Michael N. Berger and Patrick Sullivan. The State case is being prosecuted by Assistant State Attorneys Marie Perikles and Tim Vandergiesen.
An Information is only an accusation and a defendant is presumed innocent unless and until proven guilty.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Bowie Realtor Pleads Guilty to $2 Million Mortgage Fraud SchemeRead the Press Release
Greenbelt, Maryland - Michael Abobor, age 38, of Bowie, Maryland, pleaded guilty late yesterday, on what would have been the first day of his trial, to wire fraud in connection with a mortgage fraud scheme involving intended losses of at least $2 million.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Inspector General Jon T. Rymer of the Federal Deposit Insurance Corporation; Special Agent in Charge David Beach of the United States Secret Service – Washington Field Office; and Special Agent in Charge Joe Clarke of the Housing and Urban Development Office of Inspector General - Office of Investigations.
According to his plea agreement, in the Spring and Summer of 2007, Abobor, a licensed realtor, submitted fraudulent loan applications for the purchase of homes in Maryland. Abobor purchased two homes in his own name, and purchased the rest of the homes using the names, and credit, of various friends and family members. Each loan application contained fraudulent information about the borrower’s earnings (including their monthly income and their assets) and employers, of which Abobor had full knowledge. Some of these applications contained fake documents, like doctored W-2s and paystubs; and all of them alleged that the borrower made much more money than he or she really did. Based on these fraudulent application materials, the victim lending institutions funded loans that totaled hundreds of thousands of dollars, resulting in substantial commission payments to Abobor. Eventually, each of these loans fell into default, causing large losses to the victims. Abobor also collected large amounts of money in additional payments funded by the mortgages that were disguised as “renovation payments.”
For example, on July 25, 2007, Abobor facilitated the purchase of a home in Bowie, and while serving as the buyer’s real estate agent, knowingly submitted a false loan application on the buyer’s behalf. The loan application, among other things, vastly inflated the buyer’s monthly income figures. Relying upon these false representations, the lending institution funded a loan of $375,000. As part of this transaction, Abobor received a commission payment of $5,499, and also received over $37,000 in “renovation” payments.
In all, Abobor arranged at least seven fraudulent real estate transactions, caused more than $2,000,000 in intended losses to victim financial institutions, took in excess of $20,000 in fraudulent real estate commissions, and collected over $270,000 in extra money from the transactions in the form of third party disbursements for renovations that were never completed.
Abobor faces a maximum sentence of 30 years in prison and a fine of $1 million. As part of his plea agreement, Abobor will be ordered to forfeit$2,026,205, and the order of forfeiture may include assets directly traceable to his offenses, substitute assets, and/or a money judgment equal to the value of the property derived from, or involved in, the scheme. U.S. District Judge Peter J. Messitte scheduled Abobor’s sentencing for April 18, 2013.
The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available www.justice.gov/usao/md/Mortgage-Fraud/index.html.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein praised the FDIC Office of Inspector General, U.S. Secret Service and the Department of Housing and Urban Development Office of Inspector General for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Sujit Raman and Sean B. O’Connell, who are prosecuting the case.
Blairsville Woman Pleads Guilty in Heroin Trafficking ConspiracyRead the Press Release
Johnstown, Pa. - A resident of Blairsville, Pa., pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
Kimberly Cassidy, 40, pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, from the spring of 2011 to May 15, 2012, Cassidy, along with co-defendants, conspired to distribute and possess with intent to distribute heroin.
Judge Gibson scheduled sentencing for June 27, 2013, at 10:30 a.m. The law provides for a maximum total sentence of 20 years in prison and a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, the Pennsylvania State Police and the Indiana Police Department conducted the investigation that led to the prosecution of Cassidy. Other agencies participating in this investigation included the Pennsylvania Attorney General’s Office, the Cambria County Drug Task Force, the Cambria County Sheriff’s Department, the Cambria County District Attorney’s Office, the Indiana County Drug Task Force, and the Indiana County District Attorney’s Office.
Baltimore Drug Supplier Exiled to over 19 Years in Prison on Gun and Drug ChargesRead the Press Release
Baltimore, Maryland - U.S. District Judge William D. Quarles, Jr., sentenced Barry Thomas, age 51, of Baltimore, Maryland, today to 235 months in prison followed by five years of supervised release for possession of a firearm in furtherance of drug trafficking. Judge Quarles enhanced Thomas’ sentence upon finding that he is a career offender based on two previous drug trafficking convictions.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge Robert Brisolari of the Drug Enforcement Administration - Washington Field Division; Baltimore City State’s Attorney Gregg L. Bernstein; and Commissioner Anthony W. Batts of the Baltimore Police Department.
According to Thomas’ plea agreement, in November 2009, Thomas supplied heroin and cocaine to co-defendant LaKeisha Holloway. Co-defendant Darryl Chase assisted Thomas. For example, on November 6, 2009, Holloway called Thomas and arranged to obtain heroin and cocaine from Thomas and Chase. Thomas and Holloway again spoke by phone later in the day to finalize the order and make arrangements to meet in Baltimore the next day.
On November 7, 2009, Thomas’ vehicle was stopped by law enforcement in the 700 block of North Longwood Street in Baltimore, near the location at which Holloway and Thomas had agreed to meet. The car was being driven by Thomas and Darryl Chase was in the front passenger seat. A search of the Toyota Avalon recovered two bags of heroin and one bag of cocaine in the center console, with a 9mm handgun found directly next to the bags of drugs. A subsequent lab analysis confirmed that two bags contained a total of 44.73 grams of heroin, and the third bag contained 7.42 grams of cocaine.
LaKeisha Holloway, age 32, and Darryl Chase, age 53, both of Baltimore, pleaded guilty to their roles in the drug trafficking scheme and were sentenced to 12 years in prison and 37 months in prison, respectively.
United States Attorney Rod J. Rosenstein commended the DEA, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in this investigation. Mr. Rosenstein thanked Assistant United States Attorney Ayn B. Ducao, who prosecuted the case.
Abel “Alex” Alvarez Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 12, 2013, before U.S. Magistrate Judge Keith Strong, ABEL "ALEX" ALVAREZ, a 51-year-old resident of Box Elder, pled guilty to aggravated sexual abuse. A sentencing date will be set at a later time. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
In late spring of 2011, ALVAREZ had unlawful sexual contact with a 9-year-old child. The incident happened on the Rocky Boy's Indian Reservation and the child is an enrolled tribal member.
ALVAREZ faces possible penalties of life in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by the Federal Bureau of Investigation.
28 Arrested and 19 Firearms Seized Following Investigation of Suspected Methamphetamine TraffickersRead the Press Release
A contingent of 150 federal, state and local law enforcement officials arrested 28 people and seized 19 firearms early yesterday – including fully-automatic and semi-automatic assault rifles, silencers and high-capacity magazines - in connection with a year-long investigation of major methamphetamine traffickers.
Many of the defendants are scheduled to be arraigned before U.S. Magistrate Judge David Bartick at 1:30 p.m. today. Prosecutors will be available for interviews after court.
The arrests – from Spring Valley, La Mesa and Jamul to National City, Chula Vista and San Diego - were based on three grand jury indictments of 33 suspected methamphetamine traffickers unsealed in federal court Tuesday. The charges include conspiracy to distribute controlled substances, distribution of methamphetamine and possession of methamphetamine with intent to distribute. Three defendants were still at large.
During the predawn raids, agents seized about 26 pounds of methamphetamine with an estimated $291,200 street value; a pound of cocaine with estimated $12,800 street value; $151,000 in cash; plus weapons that included an AR-15, a TEC 9, a Glock semi-automatic handgun, bolt action rifles and five silencers. Eight of the guns and the silencers were found at one home on Millar Ranch Road in Jamul. Authorities also discovered indoor marijuana grows with hundreds of plants in two apartment units in Spring Valley.
The investigation, dubbed “Red Menace,” involved federal wiretaps, undercover drug buys and extensive surveillance. Numerous defendants are documented members of gangs, including Skyline, Emerald Hills and Oriental Killer Boys. Rival criminal street gangs often cross gang affiliation for the purpose of facilitating drug distribution.
The arrests are the latest in a series of large-scale multi-agency crackdowns on street gang activity in San Diego County neighborhoods. Including yesterday’s action, more than 180 defendants have been charged in various federal gang prosecutions since January 2012, with more than 80 guilty pleas so far. Most charges are drug- and gun- related; Sentences have ranged from 10 to 21 years in federal prison.
“We are committed to keeping neighborhoods out of the clutches of gang members who deal in drugs and who stash deadly, high-powered automatic weapons in their homes, next door to unwitting neighbors,” said U.S. Attorney Laura Duffy.
U.S. Attorney Duffy praised the coordinated effort of the law enforcement agencies of the East County Regional Gang Task Force under the Organized Crime Drug Enforcement Task Force ("OCDETF") for the coordinated team effort culminating in the charges filed in these cases. The OCDETF program was created to consolidate and utilize all law enforcement resources in this country’s battle against major drug trafficking.
San Diego FBI Special Agent In Charge, Daphne Hearn, commented, “As our communities are faced with increasing threats of crime and violence, the FBI and our partners with the East County Regional Gang Task Force, will work together to confront these threats and make our communities safer.”
San Diego County Sheriff Bill Gore said, "This operation is on-going. It's a team effort that requires careful planning and persistent follow-through. Our aim is straightforward: take back communities for law abiding families and protect them from gang members and drug dealers who threaten their safety."
In the 1990s, San Diego County had the dubious distinction of being called the “Meth Capital” of the country, and East County was the hub of meth-related activity. Until recent years, methamphetamine was typically produced in small to medium quantities in local clandestine laboratories in homes, garages, storage units, apartments, and motel rooms.
Because of a law enforcement crackdown and policies that restrict access to ingredients needed to manufacture meth, San Diego County today has very few meth labs. But now, most of the methamphetamine available for sale here is linked to the sophisticated manufacturing and distribution operations of international drug cartels and local street gangs.
While law enforcement efforts have curtailed local manufacturing, methamphetamine use is still one of the biggest drug-related threats in the district - and the country.
And it’s coming across the border in significant quantities. While there has been a decline in the amount of marijuana and cocaine being smuggled through our district, there has been a significant increase in the amount of methamphetamine.
Border officials seized 427 loads of methamphetamine at San Diego ports of entry in FY 2012 compared to 364 in FY 2011. That’s a 17 percent increase. In Imperial County, the amount of methamphetamine seized jumped by almost 100 percent, from 745 kg to 1,442 kg.
DEFENDANTS Case Number: 13cr0492-GPC Pedro Millan
Carlos Contreras Sanchez
Laura Millan
Princeton Beon Franks
Eduardo Sanchez
Gilberto Lamas
Adolfo Siordia
Rosita Eunice Corrales - Fugitive
Nicholas Oliveri
William Kilmer
Stephanie Cleveland
James Cheevers
Raymond Lopez
Jasmine Millan
Daniel Erique Millan-Aispuro
Ascarelli LopezSummary of Charges
Title 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Methamphetamine
Title 21, United States Code, Section 841(a)(1) - Possession of Methamphetamine With Intent To Distribute
Maximum Penalties: Life in Custody; Minimum Custody: 10 years; Maximum Fine: $4 million
Case Number: 13cr0491-GPCChristopher Robles
Summary of Charges
Sarat Sek - Fugitive
Ronald Bonoan
Shannon White
Robert Duren
Joshua Wayne McGuire
Robert McKinney
Alfredo Barias
Robert Young
David Marinelli
Cory Evans
Keith Lusk
Pamela Miranda
Scott Smith
Title 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Methamphetamine
Title 21, United States Code, Section 841(a)(1) - Possession of Methamphetamine With Intent To Distribute
Maximum Penalties: Life in Custody; Minimum Custody: 10 years; Maximum Fine: $4 million
Case Number: 13cr0493-GPC
Roberto Carrillo Gonzalez
Cedric Gregory
Marcel Clady
Summary of Charges
Title 21, United States Code, Sections 841(a)(1) and 846 - Conspiracy to Distribute Methamphetamine
Title 21, United States Code, Section 841(a)(1) - Possession of Methamphetamine With Intent To
Distribute Maximum Penalties: Life in Custody; Minimum Custody: 10 years; Maximum Fine: $4 million
AGENCIES
Federal Bureau of Investigation
San Diego County Sheriff’s Department
La Mesa Police Department
San Diego County District Attorney’s Office
San Diego County Probation Department
El Cajon Police Department
San Diego Police Department
Chula Vista Police Department
Bureau of Alcohol, Tobacco, Firearms and Explosives
U.S. Immigration and Customs Enforcement, Homeland Security Investigations
U.S. Customs and Border Protection
U.S. Marshals Service
U.S. Border Patrol
California Highway Patrol
Drug Enforcement Administration’s Narcotics Task Force
Bureau of Prisons
Internal Revenue Service
An indictment or complaint itself is not evidence that the defendants committed the crimes charged.
The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.
Tuesday 12 February 2013
Woodford County Man Sentenced to 14 Years for Distributing PornographyRead the Press Release
LEXINGTON, KY - A Woodford County man who posted child pornography videos on the internet for others to download was sentenced to 14 years in prison.
U.S. Senior District Judge Joseph M. Hood sentenced 31-year-old Juan Francisco Reyes-Ramos Monday for distributing child pornography. Judge Hood enhanced the defendant’s sentence because the defendant possessed images of child pornography that were sadistic and/or violent.
According to court documents, in May of 2012 a detective with the Kentucky State Police located child pornography videos available for download on the internet. . The videos contained images of prepubescent children engaged in sexually explicit conduct. The detective found that the videos were posted from an internet protocol (IP) address belonging to the defendant’s computer.
When investigators searched the defendant’s home, they found more than 3,000 child pornography images on his computer. Many of the images showed adults engaged in sexually explicit conduct with children.
Under federal law, Reyes-Ramos will have to serve at least 85 percent of his prison sentence. He pleaded guilty last November.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, Perrye Turner, special Agent in Charge, FBI; John R. Korkin, Special Agent in Charge, Department of Homeland Security Investigations-U.S. Immigration and Customs Enforcement and Rodney C. Brewer, Kentucky State Police Commissioner (KSP) jointly announced the sentence.
The investigation was conducted by the Kentucky State Police, FBI, and Department of Homeland Security Investigations-U.S. Immigration and Customs Enforcement.
Woman Sentenced for Theft of Public Money from FEMARead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a 30-year-old woman was sentenced for theft of public money from the Federal Emergency Management Agency (“FEMA”). United States District Court Judge Donovan W. Frank sentenced Vianca McCarter, of Kenner, Louisiana, to five years of probation on one count of theft of public money. In addition, McCarter mustl serve 100 hours of community service and pay $33,502 in restitution. McCarter was indicted on October 15, 2012, and pleaded guilty on October 30, 2012.
In her plea agreement, McCarter admitted that on September 12, 2005, she falsely represented to FEMA that she resided in New Orleans when Hurricane Katrina hit the Gulf Coast. She also falsely claimed that her residence and personal property was damaged by the disaster, and that she needed emergency rental assistance benefits. However, McCarter was residing in Minnesota when Hurricane Katrina hit on August 29, 2005. In fact, McCarter lived in housing subsidized by the Minnesota Metropolitan Council from October 2004 through November 2009.
Based on McCarter’s fraudulent application, from September 18, 2005, through October 25, 2007, FEMA awarded her a total of $34,102 in disaster assistance benefits to which she was not entitled because she did not reside in the area affected by Hurricane Katrina.This case was the result of an investigation by the U.S. Department of Housing and Urban Development, with cooperation of the Justice Department’s Hurricane Katrina Fraud Task Force. It was prosecuted by Assistant U.S. Attorneys John E. Kokkinen and Lola Velazquez-Aguilu.
Woman Indicted for Selling Stolen Items on EBayRead the Press Release
St. Louis, MO - Tammy Baggio was indicted for allegedly stealing products from local Sam’s Clubs and re-selling them on eBay. The indictment alleges that she stole merchandise from Sam’s Club locations in seven different states and sold that product to purchasers across the United States.
According to the indictment, between February and August 2012, Baggio visited Sam’s Club locations in a number states, including stores in the St. Louis and St. Charles areas. She would select either a large container, such as a trash can, or a cheap item that was packaged in large box, remove the contents and hide the box on shelves throughout the store. She then filled the empty box with more expensive products, usually electronics or a pet product known as Frontline. When she checked out the cashier scanned the box and charged her for the cheaper item. She then allegedly sold the items on eBay.TAMMY BAGGIO, St. Joseph, MO, was indicted by a federal grand jury in late January on one felony count of conspiracy to transmit stolen goods. She was arraigned in federal court earlier today.
If convicted, this charge carries a maximum penalty of five years in prison and/or fines up to $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
Additionally, upon a finding of guilt, the defendant will be subject to a forfeiture allegation, which will require the forfeiture of money and property derived from the illegal activity.
This case was investigated by the Postal Inspection Service, the Des Peres Police Department, and Walmart/Sam's Club Global Security. Assistant United States Attorney Stephen Casey is handling the case for the U.S. Attorney's Office.As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Westfield Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BOSTON - A Westfield man was convicted today in U.S. District Court in Springfield for possession of child pornography.
Richard Starr, 56, pleaded guilty before U.S. District Judge William G. Young to possession of material involving the sexual exploitation of minors. Sentencing is scheduled for May 9, 2013. The maximum sentence under the statute is 10 years in prison, followed by a lifetime of supervised release and a $250,000 fine.
While federal agents were conducting a consensual interview with Starr at his residence he admitted that he had requested files from a child pornography-related website. In response to agents’ request to search Starr’s computers for child pornography, he responded that “chances are you’ll find something.” Starr subsequently did not consent to the search so agents contacted the Westfield Police Department who obtained a state search warrant for the residence and proceeded to seize multiple computers and computer media. The FBI conducted a forensic examination of the computer media and discovered tens of thousands of digital images and video files depicting minors engaging in sexually explicit conduct. Many of these files were located in folders that contained suggestive or explicit titles, such as "Candydolls," and "eternal-nymphets."
United States Attorney Carmen M. Ortiz; Richard DesLauriers, Special Agent in Charge of Federal Bureau of Investigation Boston Field Division; and Bruce M. Foucart, Special Agent in Charge of U.S. Immigration and Custom Enforcement’s Homeland Security Investigations in Boston, made the announcement today. The case was investigated with the assistance of the Westfield Police Department. It is being prosecuted by Assistant U.S. Attorney Steven H. Breslow of Ortiz's Springfield Branch Office.
Waylon Ronald Burns Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 12, 2013, before Chief U.S. District Judge Richard F. Cebull, WAYLON RONALD BURNS, a 35-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, pled guilty to attempted aggravated sexual abuse. Sentencing has been set for May 15, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On August 4, 2012, the victim and some friends were drinking and driving around Lame Deer. At some point, BURNS joined them. BURNS started acting weird and aggressive and everyone but the victim got out of the car. The victim and BURNS eventually drove to the rodeo grounds. BURNS physically assaulted the victim and then raped her.
When interviewed, BURNS admitted that he had sex with the victim, but claimed it was consensual.
BURNS faces possible penalties of life in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by the Bureau of Indian Affairs.
Wakpala Woman Arraigned on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Adrienne Kills Small, age 35, was indicted by a federal grand jury on February 5, 2013. She appeared before U.S. Magistrate Judge William D. Gerdes on February 7, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years' imprisonment, a $250,000 fine or both and a period of supervised release of 3 years on each count. The charge is merely an accusation and Kills Small is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley is prosecuting the case. Kills Small was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Wakpala Man Pleads Guility to Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that Adrian Spotted Horse, age 33, of Wakpala, South Dakota appeared before U.S. District Judge Roberto A. Lange via video conference on February 7, 2013 and pled guilty to a Superseding Information that charged him with Abusive Sexual Contact. The maximum penalty upon conviction is 3 years of imprisonment, a $250,000 fine or both and a mandatory minimum of 5 years up to life of supervised release.
Spotted Horse was indicted on October 16, 2012. The conviction stems from an incident on May 31, 2012, when Spotted Horse made two separate attempts to force sexual contact on the victim. T
he investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Troy Morley.
A presentence investigation was ordered and a sentencing date was set for April 30, 2013. Spotted Horse was remanded to the custody of the U.S. Marshal pending sentencing.