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Friday 8 February 2013
Sheep hunter sentenced for unlawfully taking under-Sized Dall SheepRead the Press Release
Anchorage, Alaska- U.S. Attorney Karen L. Loeffler announced that a Colorado man was sentenced today in the U.S. District Court in Fairbanks for transporting an unlawfully taken Dall sheep.
Thomas M. McGann, 58, of Longmont, Colorado, pled guilty today and was sentenced by U.S. Magistrate Judge Scott A. Oravec in Fairbanks on a charge that he transported a Dall sheep he had killed illegally. The court ordered McGann to pay a $10,000 fine, forfeit the sheep, and not engage in hunting for one year. McGann admitted that he shot an under-sized sheep in the Arctic National Wildlife Refuge (ANWR) in 2008 and transported it to Fairbanks for the required state inspection of the horns, knowing the sheep was unlawful and that one of its horns had been altered to make the kill appear legal.
According to Assistant U.S. Attorney Stephen Cooper, who prosecuted the case, McGann’s Plea Agreement included the facts he admitted to in support of the charges. These facts showed that McGann’s guide advised McGann to shoot the sheep while mistakenly believing it was of legal size. After the kill, they saw that one horn was broken and the other unbroken horn was less than the required minimum of one full curl in length. McGann’s master guide-outfitter, Joe Hendricks, altered the unbroken horn by hammering it with a rock to obscure the fact that it was less than the legal minimum size.
McGann, knowing that this alteration had been done, transported the sheep to Fairbanks and presented it for the required Fish and Game inspection. The sheep passed inspection. McGann later denied he knew the horn had been altered, but other evidence showed he was aware of the illegal alteration before he presented the horns for inspection.
McGann later admitted he knew that the horn had been altered before the inspection. McGann acknowledged that Master Guide Joe Hendricks advised him to destroy any kill site photos to conceal the alteration of the horn. McGann declined to destroy his photos, which showed the sheep before Hendricks broke the horn, and showed the sheep was undersize. For his part in this and other guiding offenses, Hendricks was sentenced in U.S. District Court in Fairbanks on August 24, 2012, to pay a fine of $125,000 and was restricted from hunting and guiding for five years. The assistant guide who called the shot is also under indictment on allegations that he played a part in these and other offenses in ANWR.
Ms. Loeffler commends the United States Fish & Wildlife Service, Office of Law Enforcement for Northern Alaska, and Arctic National Wildlife Refuge staff, for the investigation of this case.
Scio Man Pleads Guilty to Violating the Federal Meat Inspection actRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Keith Middaugh, 38, of Scio, N.Y., pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., to a misdemeanor charge of violating the Federal Meat Inspection Act. The charge carries a maximum sentence of one year in prison, a fine of $100,000, or both.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between April 2010 and April 2011, the defendant bought dead, dying, diseased or disabled animals without being registered with the U.S. Department of Agriculture to buy such animals, and without maintaining detailed transaction records. Under the Federal Meat Inspection Act, any person involved in the business of handling such animals, must register with the USDA and keep detailed records, failure to do so is a criminal offense.
The plea is the culmination of an investigation on the part of Special Agents of the U.S. Department of Agriculture, Office of Inspector General, and the New York State Police - Amity, under the direction of Captain Eugene Staniszewski.
Sentencing is scheduled for May 9, 2013 at 10:30 a.m. before Magistrate Judge Schroeder.
Savannah Doctor Indicted for Trading Prescriptions for SexRead the Press Release
SAVANNAH , GA: WILLIAM ELLIEN, 57, of Savannah, Georgia, was indicted yesterday by a federal grand jury sitting in Savannah, Georgia for felony drug charges related to the unlawful distribution of prescription drugs, including percocet and hydrocodone. According to the Indictment and an earlier filed Criminal Complaint, Ellien, a Savannah physician, exchanged prescriptions for very addictive prescription drugs for sex acts with various women from 2009 through 2012.
United States Attorney Edward J. Tarver said, “Prescription drug abuse has become an epidemic in Georgia and across our nation. The indictment and other court documents in this case allege that this doctor violated his oath to‘do no harm,’ by trading prescriptions for highly addictive medications for sex. Swift justice can be the only response to this grave violation of the trust and responsibility bestowed upon the Defendant by the people of Georgia.”
Ellien, who remains in federal custody, is facing up to 20 years in prison and a $1,000,000 fine. An indictment is only an accusation and is not evidence of guilt. The Defendant is entitled to a fair trial, during which it will be the Government’s burden to prove the Defendants’ guilt beyond a reasonable doubt.
This case is being prosecuted by Assistant United States Attorney, E. Greg Gilluly, Jr. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Salem Man Sentenced to 60 Months in Federal Prison for Distribution of Child PornographyRead the Press Release
PORTLAND, Ore. – U.S. District Court Anna J. Brown today sentenced Jefferson F. Williams, 49, of Salem, Oregon, to 60 months in prison for distribution of child pornography.
Salem FBI agents searched the Salem home of Williams on March 3, 2011and seized his computer and related equipment. Undercover FBI agents in Texas had been monitoring a peer-to-peer file sharing system which allowed individuals to download and exchange files via the internet. When the Salem computer belonging to Williams and his wife was identified, agents served a search warrant at the home and interviewed Williams regarding his distribution activities. He cooperated fully with law enforcement and admitted his involvement in the file trading program.
A forensic analysis revealed over 1,800 images of child pornography had been downloaded from the internet. The National Center for Missing and Exploited Children identified series images of 18 known victims stored on the seized computer.
Williams, a highly decorated retired U.S. Marine Corps Gunnery Sergeant, and combat veteran, apologized to his family at his sentencing hearing. He had no criminal record and was active in community activities as a volunteer.
The seized computer was ordered forfeited and Williams was ordered to serve five years of supervised release after his release from prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visitwww.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Assistant U. S. Attorney John Haub prosecuted the case.
Rosebud Man Pleads Guilty to Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that Justin Lee Gabriel, age 21, of Rosebud South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on January 28, 2013 and pled guilty to an indictment charging him with Escape from Custody. The maximum penalty upon conviction is five years' imprisonment and a $250,000 fine.
Gabriel was indicted for Escape from Custody by a federal grand jury on September 25, 2012. On August 18, 2012, Gabriel left the Community Alternatives of the Black Hills (CABH) and did not return. The investigation was conducted by the U.S. Marshal's Service.
A presentence investigation was ordered and a sentencing date was set for June 7, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rockford Man Sentenced to More Than 26 Years in Federal Prison on Federal Drug Conspiracy ChargesRead the Press Release
ROCKFORD C A Rockford, Ill. man was sentenced yesterday in federal court on drug conspiracy charges. STEVEN T. McDOWELL, 38, of Rockford, also known as “Ty,” was sentenced by U.S. District Judge Frederick J. Kapala to 315 months in federal prison for his role in a conspiracy to distribute at least one kilogram of heroin, and ordered to serve 5 years of supervised release following his imprisonment. McDowell was convicted on June 14, 2012, after a nine-day jury trial in U.S. District Court in Rockford, of one count of conspiracy to distribute heroin, and six counts of distribution of heroin.
According to the indictment and evidence at trial, McDowell was the leader of an illegal drug trafficking operation in Rockford. Beginning as early as April 2010, and continuing into December 2010, the conspirators obtained large amounts of heroin from Chicago, transported the heroin to Rockford where it was diluted for resale and packaged in smaller zip lock bags or baggies for individual use, then grouped into packs. The defendants used runners to distribute street-level quantities of heroin at numerous locations in Rockford. McDowell and other co-conspirators rented cars that were used to deliver heroin to their street-level dealers, and used cell phones to notify runners where to go to distribute heroin to a customer or for when a runner needed to be resupplied or have money picked up. Some of the co-conspirators used or possessed firearms for protection during their operations.
Two other Chicago men were also convicted on June 14, 2012, after the jury trial for their roles in the drug conspiracy:
JEREMY COOPER, 24, also known as “J.D.,” was convicted of one count of conspiracy to distribute at least one kilogram of heroin, three counts of distribution of heroin, one count of possession with intent to distribute heroin, and one count of being a felon in possession of a firearm. Cooper was sentenced on Sept. 18, 2012, to 270 months in federal prison, and 5 years of supervised release following his imprisonment.
ROBERT PRESLEY, 33, also known as “Munchie,” was convicted of conspiracy to distribute at least one kilogram of heroin, one count of possessing a firearm in furtherance of a drug-trafficking crime, and two counts of being a felon in possession of a firearm. Presley is awaiting sentencing.
In addition, two other men pled guilty to their involvement in the conspiracy:
MURRAY STEVE HARRIS, JR., 36, of Chicago, also known as “M,” pled guilty on Jan. 19, 2012, to conspiracy to distribute at least one kilogram of heroin, and was sentenced on April 19, 2012, to 130 months in federal prison, to be followed by 5 years of supervised release following his imprisonment.
NORMAN BREEDLOVE, 47, of Rockford, also known as “Way,” pled guilty on May 24, 2012, to one count of conspiracy to distribute at least one kilogram of heroin, and one count of possessing a firearm in furtherance of a drug trafficking crime, and is awaiting sentencing.
The sentencing was announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois; Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; Richard Meyers, Winnebago County Sheriff; and Chet Epperson, Chief of the Rockford Police Department.
The government was represented by Assistant U.S. Attorney Mark T. Karner.
Purported Louisville Real Estate Entrepreneur Sentenced to 37 Months in Prison for Swindling Investors in Multimillion Dollar SchemeRead the Press Release
– Ordered to pay nearly $2.8 million in restitution to victims
– Pleaded guilty to creating fictitious addresses and fraudulent mortgagesLOUISVILLE, Ky. – A purported Louisville real estate entrepreneur was sentenced in United States District Court today, by District Judge Charles R. Simpson III, to 37 months in federal prison, and ordered to pay $2,797,000 in restitution, for a single count of mail fraud connected to real estate schemes that resulted in the loss of more than one million dollars to investors, announced David J. Hale, United States Attorney for the Western District of Kentucky. There is no parole in the federal system.
“The three year prison sentence is a well-deserved punishment for this fraudulent real estate scheme,” stated U.S. Attorney Hale. “My office and the Department of Justice will continue to pursue and prosecute investor fraud.”
On September 7, 2012, Russell N. Daniel, age 63, pleaded guilty to devising a scheme and an artifice to defraud investors in the defendant’s real estate business and to obtain money and property from investors by means of false and fraudulent pretenses, representations and promises. Specifically, between March 1, 2005 and October 31, 2008, Daniel induced persons to invest in his real estate business by promising returns on investments ranging from 10-15%. Further, the defendant represented that monies invested in his real estate business would be used by him to purchase, and on occasion, rehabilitate houses which in return would be sold for a profit.
In court, Daniel admitted that he solicited more than $700,000 to purchase houses purportedly located in Prospect, Shelbyville, Goshen, and Lexington Kentucky as well as Jeffersonville, Indiana, when in fact the addresses were fictitious. Daniel used the money received from investors in these fictitious transactions to fund unrelated matters, including using the investment monies to make payments of promised returns on unrelated investments.
Also, between December 28, 2006 and August 14, 2008, Daniel falsely represented to investors in properties located in Louisville, Pleasureville and Lexington, Kentucky, that they would receive valid and legally enforceable mortgages on the properties which would provide legal security for their investments, but Daniel instead provided investors with false and fictitious mortgages totaling more than $530,000 which contained the forged signature of the notary public.
In a separate incident, between March 23, 2005 and May 27, 2009, Daniel caused $35,000 to be invested with him by falsely representing to investors in two properties located in Louisville, Kentucky, that the investors would receive valid and legally enforceable first mortgages on the properties which would provide legal security for their investments, when in fact, he did not provide investors with valid and legally enforceable first mortgages.
This case was prosecuted by Special Assistant United States Attorney James Lesousky and was investigated by the Federal Bureau of Investigation.
PrKearney Man Pleads Guilty to Child Porn, Faces at least 15 Years in PrisonRead the Press Release
Project Safe Childhood
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kearney, Mo., man pleaded guilty in federal court today to producing and possessing child pornography.
Austin D. Hurtado, 19, of Kearney, pleaded guilty before U.S. Chief District Judge Fernando J. Gaitan to the charges contained in a June 27, 2012 federal indictment.
According to today’s plea agreement, an FBI agent identified Hurtado’s computer (at his former residence in Smithville, Mo.) as sharing child pornography over the Internet. Using a peer-to-peer file-sharing program, the agent downloaded images of child pornography from Hurtado’s computer on Nov. 21 and 22, 2011.
Hurtado’s two laptop computers were seized by law enforcement officers and a forensic examiner found they contained numerous videos of an 8-year-old child in the shower. Hurtado’s face was visible in at least one of those videos. The forensic examiner also found the same child victim in additional numerous photos and videos of child pornography. Hurtado possessed 191 child pornography videos and more than 80 images of child pornography.
Hurtado is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 40 years in federal prison without parole, plus a fine up to $500,000. Under the terms of today’s plea agreement, Hurtado must pay a total of $10,000 in restitution to two of the victims portrayed in those images and movies, or $6,000 if he pays the restitution within 30 days of his sentencing date. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Teresa Moore. It was investigated by the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Pierre Man Pleads Guilty to Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Rider Sheard, age 18, of Pierre, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 6, 2013 and pled guilty to the Superseding Information that charged him with Possession of a Controlled Substance. The maximum penalty upon conviction is 1 year of imprisonment, a minimum fine of $1,000 but not more than $100,000, or both; 1 year of supervised release and an additional 1 year of supervised release upon revocation.
The charge stems from an incident wherein Sheard, on or about the 17th day of May, 2012 knowingly and intentionally possessed marijuana, a Schedule I controlled substance.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Sheard was released on bond pending sentencing, which has been set for April 30, 2013.
Opelika Man Is Sentenced to 35 Years in Prison for Making Child PornographyRead the Press Release
Montgomery, Alabama - U.S. Attorney George L. Beck, Jr., announced today that Kevin Darcy Golden, age 45, of Auburn, Alabama, was sentenced yesterday to 35 years in federal prison for making child pornography. If Golden is released from prison, he will be on supervised release for the remainder of his life.
Between at least April and December of 2011, Golden produced numerous videos of female children engaging in sexually explicit conduct. On some occasions Golden secretly filmed the children removing their clothing while at his residence, and on other occasions Golden filmed himself engaging in sexually explicit conduct with the children while they were unconscious.
“Performing sexual acts on children is one of the most despicable things a person can do,” stated U.S. Attorney Beck. “We will not tolerate it and will work feverishly to stop this horrific conduct.”
“Cases related to the exploitation of children are of the most important investigations we shoulder in the FBI, stated Steve Richardson, FBI Special Agent in Charge, Mobile Field Division. “Our ability to investigate and prosecute these activities is enhanced when we work with our local and federal partners.”
“We appreciate the hard work of the US Attorney’s office and the FBI in helping us make our community a safer place by bringing those to justice that would exploit our children,” stated Auburn Police Chief Tommy Dawson. “This case is another example of what can be accomplished by law enforcement working together.”
This case is being investigated by the Opelika field office of the Federal Bureau of Investigation and the Auburn (Alabama) Police Department. The case is being prosecuted by Assistant United States Attorney Jared H. Morris and Nathan D. Stump.
This case is being brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit justice.gov/psc. For more information about internet safety education, please visit justice.gov/psc and click on the tab “Resources.”
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Moses Lake Drug Trafficker Sentenced to over 16 Years in Federal PrisonRead the Press Release
Spokane - Michael C. Ormsby, United States Attorney for the Eastern District of Washington announced that Martin Murillo-Barriga, age 36, of Moses Lake, Washington, was sentenced today after being convicted of conspiracy to distribute methamphetamine and other offenses relating to the operation of a methamphetamine trafficking organization between May of 2010 and July of 2011. Senior United States District Judge Edward Shea sentenced Murillo-Barriga to a 16 ½ year term of imprisonment, to be followed by an 8 year term of court supervision following release from Federal prison. As a condition of that supervision, Murillo-Barriga is prohibited from returning to the United States – he is not a United States citizen and faces deportation to Mexico as a result the convictions in this case.
In April, 2012, Murillo-Barriga was charged by way of a five-count Indictment with the following offenses: Conspiracy to Distribute 50 Grams or More of Actual Methamphetamine and 500 Grams or More of a Mixture or Substance Containing a Detectable Amount of Methamphetamine; Possession of 5 Grams or More of Actual Methamphetamine with Intent to Distribute within 1,000 Feet of a School; Maintaining a Drug Involved Premises within 1,000 Feet of a School; Possession of Methamphetamine; and Attempted Possession with Intent to Distribute 50 grams or More of Actual Methamphetamine. The charges against Murillo-Barriga were tried before a jury and, on October 10, 2012, he was convicted on all counts.
At today's sentencing hearing, the judge found that Murillo-Barriga was a leader of a methamphetamine trafficking organization, that he committed the offenses as part of a pattern of criminal conduct engaged in as a livelihood, that he maintained a premises for the purpose of manufacturing or distributing a controlled substance, and that firearms were possessed during the offense. The judge also found that the Moses Lake property from which Murillo-Barriga directed the drug trafficking organization bordered a primary grade school. Murillo-Barriga faced a mandatory minimum term of 10 years of imprisonment but, based on the above aggravating factors, the judge imposed a 16 ½ year sentence.
Michael C. Ormsby stated that, "The sentence imposed today reflects the serious consequences associated with trafficking in methamphetamine, particularly when it is conducted so close to a grade school. The law enforcement agencies involved in this investigation should be commended for their efforts in investigating this, and other drug trafficking organizations. This case is yet one more example of the strong partnership among law enforcement professional here in the Eastern District of Washington."
The investigation of this case, which was related to a larger investigation conducted by the Drug Enforcement Administration that led to the service of several search warrants and the arrest of numerous individuals, was conducted by the Spokane Regional Drug Task Force in cooperation with the Moses Lake Police Department, the Grant County Sheriffs Office, the Grant County Interagency Narcotics Enforcement Team, the Douglas County Sheriff's Office, the Oregon State Police, the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, and Firearms; Immigrations and Customs Enforcement; and the United States Marshall's Service.
This case was prosecuted by Timothy J. Ohms and Caitlin A. Baunsgard, Assistant United States Attorneys for the Eastern District of Washington.
11-CR-108-EFS
Morris County, N.J., Man – Former Police Officer – Charged with Attempting to Collect Debts by ExtortionRead the Press Release
NEWARK, N.J. – A former Passaic police officer and organized crime associate from Morris County, N.J., appeared in Newark federal court today on charges he attempted to collect a debt by extortion, U S. Attorney Paul J. Fishman announced.
Stefano Mazzola, 68, of Rockaway, is charged in a Complaint with one count of using extortion to collect or attempt to collect a debt and to punish a person for non-repayment of a debt. Mazzola appeared this afternoon before U. S. Magistrate Judge Madeline Cox Arleo and was detained.
According to the criminal Complaint:In 2012, the victim obtained a loan of $30,000 from an individual, who subsequently transferred the loan to Mazzola. The victim periodically made payments on the loan to Mazzola. In late 2012, Mazzola began to threaten that if the victim did not repay the loan, he would physically harm the victim.
The victim made a number of consensually recorded phone calls to Mazzola, during which Mazzola threatened the victim. During a phone call on Jan. 17, 2013, Mazzola acknowledged that an individual had transferred the loan to him, stating: “He gave me that debt, I’ve paid out $20-something-thousand, if not more, for him.”
Later in the conversation, Mazzola threatened the victim. “Let me explain something to ya, and I really mean this, and I don’t care who is listening to my phone or not, if I want to do something to ya, I don’t give a f–k if you give me a million dollars. If I’m looking to hurt ya, I’ll take the money and still hurt ya. It has nothing to do with it,” Mazzola said.
On another call that occurred on Jan. 23, 2013, the victim told Mazzola: “You know you’re gonna get paid.” In response, Mazzola said : “You say you know I’m gonna get paid, I don’t believe nothing. .. If I write it off in my head, it doesn’t matter. Because I’m a firm believer in time. ... But listen, I know what I’m gonna do. ’Cause it doesn’t matter to me. It don’t matter whether it’s now or ten years from now. It don’t matter. You don’t understand. You just don’t know me. I don’t give a f–k if an agent is listening.”
The charge of extortionate collection of a debt is punishable by a maximum potential penalty of 20 years in prison and a fine of $250,000.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge David Velazquez in Newark, and the Waterfront Commission of New York Harbor, under the direction of Commissioner Jan Gilhooly, with the investigation that led to today’s charges.
The government is represented by Assistant U.S. Attorney Lisa M. Colone of the U.S. Attorney’s Office Criminal Division in Newark.The charge and allegations contained in the Complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.
13-072
Defense counsel: Miles Feinstein Esq., Clifton, N.J.
Mazzola Complaint
Mexican National Sentenced on Heroin, Immigration ChargesRead the Press Release
Ever Astorga-Ramirez, 34, who most recently resided in Phoenix, Arizona, was sentenced on February 8, 2013, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Astorga-Ramirez had previously entered pleas of guilty on November 2, 2012, to Possession With the Intent to Distribute Heroin (Count 1) and Illegal Re-Entry Into the United States Following Deportation (Count 2). Astorga-Ramirez was sentenced to seventy (70) months imprisonment, followed by two years of supervised release. He was ordered to pay a Special Assessment of $200. In addition, the Court entered an Order of Removal, which requires that Astorga-Ramirez be deported from the United States following the service of his term of imprisonment.
According to public documents filed with the Court, Astorga-Ramirez was arrested by the Illinois State Police on September 9, 2012, following a traffic stop on Interstate 55/70 in Madison County, Illinois. Following the traffic stop, approximately 1.4 kilograms of heroin was located in a hidden compartment within the center console of the vehicle. The Defendant had previously been deported from the United States in November 2010, through Laredo, Texas.
Evidence in support of the complaint was obtained in an investigation by the Drug Enforcement Administration (DEA), the Illinois State Police, and the Metropolitan Enforcement Group of Southwestern Illinois (MEGSI). This case was assigned to Assistant United States Attorney Randy G. Massey for prosecution.
Maryland Man Sentenced to 188 Months for Luring 15-Year-Old Girl into ProstitutionRead the Press Release
ALEXANDRIA, Va. – Julio Cesar Revolorio Ramos, 29, of Adelphi, Md., was sentenced today to 188 months in prison, followed by five years of supervised release, for sex trafficking a 15-year-old runaway as part of a multi-state conspiracy that prostituted hundreds of women and girls since at least 2008. Revolorio Ramos paid a portion of his profits to MS-13 gang members who extorted “rent” under threats of violence to Ramos and other co-conspirators involved in prostitution in northern Virginia.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Virginia Attorney General Kenneth Cuccinelli, II; and John P. Torres, Special Agent in Charge for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Washington, D.C., made the announcement after sentencing by United States District Judge Claude M. Hilton.
Revolorio Ramos pled guilty on Nov. 7, 2012, to sex trafficking a child. A native of Guatemala illegally present in the U.S., Revolorio Ramos will be transferred to the custody of U.S. immigration authorities for removal proceedings following his prison term.
“Revolorio Ramos exploited a vulnerable 15-year-old girl and then discarded her when she was no longer needed,” said U.S. Attorney MacBride. “He was one member of a multi-state conspiracy that prostituted hundreds of women and girls for profit. Today’s sentence assures victims that once sex traffickers are caught in the Eastern District of Virginia, justice is served.”
“Today’s sentencing sends a message to child sex traffickers that their heinous criminal behavior will not be tolerated,” said HSI SAC Torres. “HSI DC will continue to aggressively investigate those involved in child sex trafficking and is committed to protecting the vulnerable victims of this outrageous crime.”
“Revolorio Ramos’s crimes exploited a young girl for sex and robbed her of her innocence. He also prostituted hundreds of women and girls over the last several years,” said Virginia Attorney General Cuccinelli. “Today’s sentence speaks loud and clear that the despicable crime of sex trafficking will be punished to the full extent of the law.”
According to court records, Revolorio Ramos was part of a conspiracy that prostituted Hispanic women and girls in Delaware, Maryland, Virginia and the District of Columbia. He advertised the prostitution business by handing out business cards purporting to be for plumbing, landscaping or snow removal business, but which contained a telephone number a customer could call to obtain sexual services from a prostitute. Revolorio Ramos and others would hand out these cards to those congregating at sites for day laborers, restaurants, and check cashing stores in Virginia.
In January 2009, Revolorio Ramos encouraged a 15-year-old runaway to work as a prostitute. On the first day that Revolorio Ramos prostituted the girl, she had sexual relations with 17 customers, and on the third day she had sexual relations with 25 customers. Revolorio Ramos knew that she was less than 18 years old, describing her as “young” to potential customers on the phone. Several customers repeatedly requested her specifically because of her young age.
Revolorio Ramos typically prostituted a woman or girl for a six-day period. To ensure that customers had new women for sex, at the end of the six-day period, he would prostitute a different woman or girl than the one he had prostituted the week before. From June 2010 through December 2010, during weeks that Revolorio Ramos was prostituting other women and not prostituting the 15-year-old girl, his co-conspirators prostituted her in Virginia, Maryland and the District of Columbia.
After receiving a portion of the proceeds from the women providing sexual services to his customers, Revolorio Ramos paid “rent” to MS-13 gang members under threats of violence, and he also sent some proceeds to co-conspirators living in Mexico.
This case was investigated by ICE HSI, with assistance from the Northern Virginia Human Trafficking Task Force. Virginia Assistant Attorney General and Special Assistant United States Attorney Marc J. Birnbaum and Assistant United States Attorney Michael J. Frank are prosecuting the case on behalf of the United States.
Founded in 2004, the Northern Virginia Human Trafficking Task Force is a collaboration of federal, state, and local law enforcement agencies – along with nongovernmental organizations – dedicated to combating human trafficking and related crimes.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Mario Hernandez Velazquez Sentenced to Serve 65 Years in Prison on Cocaine and Firearms ConvictionsRead the Press Release
GREENEVILLE, Tenn. – Mario Hernandez Velazquez, 45, of Johnson City, Tenn., was sentenced on Feb. 7, 2013, by the Honorable Leon Jordan, U. S. District Court Judge, to serve 65 years in federal prison.
Velazquez was convicted at trial inAugust 2012, of distribution and conspiracy to distribute cocaine, being an illegal immigrant in the United States in possession of a firearm and ammunition, using and carrying a firearm during and in relation to a drug trafficking offense, and possession of a firearm in furtherance of a drug trafficking offense. As a result of these convictions, Velazquez was sentenced to the mandatory minimum sentence of 65 years in federal prison. There is no parole in the federal system.
Velazquez was one of 36 individuals indicted in October 2010 for his participation in a large scale cocaine trafficking organization which was responsible for the distribution of several kilograms of cocaine per month in the Tri-Cities area over an extended period of time.
Velazquez sold cocaine or assisted in the sale of cocaine to a confidential informant working on the behalf of law enforcement on multiple occasions in 2010. During these undercover transactions, Velazquez admitted he was the firearms dealer for the criminal organization and was always armed. In one transaction, Velazquez told the individual that someone broke into his residence and stole two kilograms of cocaine. As a result, he routinely packed his cocaine and guns in a suitcase and took it with him whenever he left home. In a subsequent transaction, Velazquez told the individual that if someone came to rob him again, he would “blow them to hell,” and “not many idiots are going to withstand two or three bullets.”
Overall, law enforcement agents made over 100 cocaine buys from the various defendants in this conspiracy. The investigation concluded with the execution of 13 search warrants at various locations in Johnson City, Kingsport, and Knoxville, Tennessee. During these searches, agents found approximately 3.5 kilograms of cocaine, 200 pounds of marijuana, and a significant number of firearms and ammunition.
Tomas Estrada Sarabia, Antonio Herrera, Manuel Burelo and Andres Linares were previously sentenced to 480 months, 211 months, 134 months and 124 months respectively. Luciano Hernandez Valiente, Amansio Garcia Juarez, and Adan Fernandez were all previously sentenced to 120 months each.
Sullivan County Tennessee Sheriff’s Office, Kingsport Tennessee Police Department, Bristol Tennessee Police Department, Carter County Tennessee Sheriff’s Office, Elizabethton Tennessee Police Department, Erwin Tennessee Police Department, Washington County Tennessee Sheriff’s Office, Johnson City Tennessee Police Department, Jonesborough Tennessee Police Department, Hamblen County Tennessee Sheriff’s Office, Morristown Tennessee Police Department, Johnson County Tennessee Sheriff’s Office, Knox County Tennessee Sheriff’s Office, Knoxville Tennessee Police Department, Knoxville Tennessee High Intensity Drug Trafficking Area Task Force, Tennessee Bureau of Investigation, Federal Bureau of Investigation, and Immigration and Customs Enforcement, all of which provided invaluable assistance during the course of the investigation. Assistant U. S. Attorneys Wayne Taylor and Christian Lampe represented the United States.
U.S. Attorney William C. Killian stated, “This illegal drug distribution organization was one of the worst. They distributed hundreds of pounds of cocaine, using weapons to protect their drugs, and involved many others in the conspiracy. Our prosecutors and the federal and state law enforcement agencies working on this case did a tremendous job of obtaining and presenting the evidence in this case. We were able to show the scope of the drug distribution activities of the organization, including the use and threatened use of firearms to protect their illegal distribution of drugs. I want to thank all those involved in bringing Mr. Velazquez to justice.”
This case was part of the Department's Organized Crime Drug Enforcement Task Force (OCDETF) and the High Intensity Drug Trafficking Areas (HIDTA) programs. OCDETF is the primary weapon of the United States against the highest level drug trafficking organizations operating within the United States, importing drugs into the United States, or laundering the proceeds of drug trafficking. The HIDTA program enhances and coordinates drug control efforts among local, State, and Federal law enforcement agencies. The program provides agencies with coordination, equipment, technology, and additional resources to combat drug trafficking and its harmful consequences in critical regions of the United States.
Funding for some of the task forces involved in this investigation also came from the Appalachian High Intensity Drug Area Task Force (HIDTA) which was created in 1998, one of 32 areas in the nation that have been designated as HIDTAs. The HIDTA Program began in 1988 when Congress authorized the Director of The Office of National Drug Control Policy (ONDCP) to designate areas within the United States which exhibit serious drug trafficking problems and harmfully impact other areas of the country as HIDTAs. The HIDTA Program provides additional federal resources to those areas to help eliminate or reduce drug trafficking and its harmful consequences.
Magnolia Man Sent to Prison for Attempted Theft of Trade SecretsRead the Press Release
HOUSTON - Steven Thomas Stancil, 52, of Magnolia, has landed in federal prison following his conviction for attempted theft of trade secrets, United States Attorney Kenneth Magidson announced today. Stancil entered a plea of guilty Nov. 8, 2012.
Today, U.S. District Judge Sim Lake, who accepted the plea, handed Stancil a 10-month sentence – five months to be served in federal prison and the remaining to be served on house arrest. He will be required to serve a term of three years of supervised release following completion of the prison term and to complete 200 hours of community service.
Stancil was employed by Mogas Industries Inc. in Houston as a cost analyst from January 2006 until April 2010. Mogas is a manufacturer of specialty valves for the oil and gas industry and sells its products throughout the United States and internationally. In January 2010, Stancil started downloading proprietary company information onto his company computer. He later transferred this information without authorization onto his personal computer at his home in Magnolia.
In March 2010, Stancil purported to be a Mogas co-worker and sent emails to approximately eight Mogas competitors offering to sell proprietary Mogas information. The emails asked what it would be worth to have the entire Mogas database which would include all drawings and designs, customer contacts, vendors, pricing and more. Stancil then asked them to respond to work out the arrangements.
Later in March 2010, Stancil emailed a Mogas competitor and offered to sell Mogas’s “customers, costing, engineering, marketing, drawings, and so on” for $50,000 to $100,000. He stated that the information he would provide would help the Mogas competitor to expand their business and “potentially bring in extremely large amounts of income . . .” Stancil cautioned the Mogas competitor that the negotiations had to be handled carefully because Stancil had “a lot to lose if this comes out in any way.”
In September 2010, a federal search warrant on Stancils’s email account revealed he had emailed a Mogas competitor 20 files that contained images of schematic drawings and measurements of valve parts manufactured by Mogas. The drawings were altered to replace the icon of Mogas with the icon of another company.
Previously released on bond, Stancil was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The operation was a combined effort conducted by the FBI and the Houston Police Department. The case was prosecuted by Assistant United States Attorney Mark McIntyre.
Leader of Vidalia Drug Trafficking Organization Sentenced to 25 Years in Federal PrisonRead the Press Release
SAVANNAH, GA: MARCUS ANTIWAN DICKERSON, aka “DAWG,” 35, a native of Vidalia, was sentenced Monday by Senior Judge B. Avant Edenfield to 25 years in prison for his role in a large-scale drug trafficking organization operating in the Vidalia, Georgia area..
United States Attorney Edward J. Tarver stated, “Illegal drugs are not only a problem in Georgia, they are a plague on our entire nation. This Defendant was an enormous threat to the South Georgia communities that he targeted. Those who peddle and profit from this scourge in our communities can expect to spend decades in federal prison.”
DICKERSON received the heftiest sentence of 15 defendants charged together in a 55-count indictment returned by a federal grand jury in January 2012. All 15 defendants pleaded guilty and received an average sentence of over 11 years in prison. The convictions resulted from a two-year investigation conducted by DEA, the Georgia Bureau of Investigation (GBI), and the East Central Georgia Drug Task Force (ECGDTF).According to the evidence presented during several guilty plea and sentencing hearings, DICKERSON led an organization that distributed powder and crack cocaine, ecstasy and marijuana on a large scale in Toombs, Emanuel, Bulloch, Montgomery, and Treutlen Counties. Most of the cocaine which the organization distributed was obtained by DICKERSON in the Atlanta area, where he also maintained a residence. At the time of the offenses, DICKERSON had absconded from supervision by Georgia Department of Corrections parole for a prior cocaine trafficking sentence in 2002. In the federal system, there is no parole.
In addition to DICKERSON, the other Defendants convicted and sentenced as part of this prosecution included:Tyson Lamar Davis, 29, Vidalia, Georgia, was sentenced to 230 months in prison;
Eric Stephon McClendon, 35, Vidalia, Georgia, was sentenced to 235 months in prison;
Trenton Arlanda Kinsey, 30, Vidalia, Georgia, was sentenced to 78 months in prison;
Dexter Jamaal Fields, 25, Mount Vernon, Georgia, was sentenced to 63 months in prison;
Eddie Littles III, 32, Vidalia, Georgia, was sentenced to 188 months in prison;
Terry Powell, 27, Vidalia, Georgia, was sentenced to 148 months in prison;
Ricardo Marquis Davis, 30, Vidalia, Georgia, was sentenced to 168 months in prison;
Isaac Hurst, Jr., 25, Vidalia, Georgia, was sentenced to 63 months in prison;
Alvin C. Hamilton, Jr., 37, Vidalia, Georgia, was sentenced to 225 months in prison;
Zikomo Taheam Bostic, 28, Vidalia, Georgia, was sentenced to 96 months in prison;
Colby Terrell Williams, 28, Swainsboro, Georgia, was sentenced to 64 months in prison;
Bobby Lewis Day, 33, Lyons, Georgia, was sentenced to 73 months in prison;
Matthew Dontel Hill, 29, Vidalia, Georgia, was sentenced to 27 months in prison; and,
Kaneesha Lashay Simpson, 22, Vidalia, Georgia, was sentenced to 40 months in prison.The case was prosecuted by Assistant United States Attorney Cameron Heaps Ippolito. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Leader of Armenian Organized Crime Ring Sentenced in Manhattan Federal Court to 37 Months in Prison for His Role in $100 Million Medicare Fraud SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that ARMEN KAZARIAN was sentenced today in Manhattan federal court to 37 months in prison for his involvement with the Mirzoyan-Terdjanian Organization, an Armenian-American organized crime enterprise engaged in a wide range of criminal activity. KAZARIAN pled guilty to racketeering conspiracy in July 2011, and was sentenced today by U.S. District Judge Paul G. Gardephe.
Manhattan U.S. Attorney Preet Bharara said: “Armen Kazarian sat at the top of a criminal organization and now he will sit in a jail cell for a long time. International mobsters who think they can export their criminal enterprises to the United States and target our government programs and our citizens are in for a rude awakening – they will face U.S. justice and be made to answer for their crimes.”
According to the Indictment, other documents filed in this case, and statements made during the guilty plea proceeding:
KAZARIAN was a “Vor,” a term translated as “Thief-in-Law.” The term refers to a member of a select group of high-level criminals from Russia and the countries that had been part of the former Soviet Union, including Armenia. “Vors” offer prestige and protection to criminal organizations in return for a share of criminal earnings, and use their position of authority to resolve disputes among criminals. KAZARIAN used his status as a “Vor” within the criminal community to assist the Mirzoyan-Terdjanian Organization, an Armenian-American organized crime ring that engaged in an extensive range of criminal offenses including the operation of a $100 million dollar Medicare fraud billing ring. As part of his involvement with the group, KAZARIAN engaged in extortion on the Organization’s and his own behalf.
In addition to the prison term, Judge Gardephe sentenced KAZARIAN, 47, of Glendale, California, to three years of supervised release. He was also ordered to pay a $60,000 fine.
Mr. Bharara thanked the New York Field Office of the Federal Bureau of Investigation, the New York City Police Department, the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the New York Office of the Inspector General, Department of Health and Human Services for their work in the investigation.
The prosecution is being handled by the Office’s Organized Crime Unit. Assistant U.S. Attorneys Jennifer Burns, Arlo Devlin-Brown, and Harris Fischman are in charge of the prosecution.
Justice Department Reaches Settlement with Avant Healthcare Professionals LLC to Resolve Immigration-Related Unfair Employment PracticesRead the Press Release
The Justice Department reached a settlement agreement today with Avant Healthcare Professionals LLC, a healthcare staffing company based in Casselberry, Fla. , resolving allegations that the company posted discriminatory job advertisements on the internet.
According to the department’s investigation, hundreds of Avant Healthcare Professionals’ internet-based job postings contained discriminatory language, impermissibly preferring foreign-trained individuals seeking permanent residence or H-1B visa sponsorship over U.S. workers. The Immigration and Nationality Act (INA) prohibits employers from discriminating on the basis of citizenship or immigration status unless required by law, regulation or government contract. None of those limited exceptions applied to Avant’s recruitment efforts.
Under the terms of the settlement agreement, Avant has agreed to pay $27,750 in civil penalties, to change its internal policies and written procedures to incorporate the INA’s anti-discrimination protections, and to be subject to reporting and compliance monitoring requirements for a period of three years.
“Federal law protects authorized U.S. workers from illegal and discriminatory preferences,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Employers have a statutory obligation to monitor their online job postings to ensure that they do not violate the anti-discrimination provision of Immigration and Nationality Act.”
The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. For more information about protections against employment discrimination under the immigration laws, call the OSC’s worker hotline at 1-800-255-7688 (1-800-237-2525, TDD for hearing impaired), call the OSC’s employer hotline at 1-800-255-8155 (1-800-362-2735, TDD for hearing impaired), sign up for a no-cost webinar at www.justice.gov/about/osc/webinars.php , email [email protected] or visit the website at www.justice.gov/crt/about/osc .
Justice Department Reaches Settlement with <br /> Macmillan in E-Books CaseRead the Press Release
WASHINGTON – The Department of Justice announced today that it has reached a settlement with Holtzbrinck Publishers LLC, which does business as Macmillan, and will continue to litigate against Apple Inc. for conspiring with Macmillan and four of the other largest U.S. book publishers to raise e-book prices to consumers.
Today’s proposed settlement was filed in the U.S. District Court for the Southern District of New York. If approved by the court, the settlement will resolve the department’s competitive concerns involving Macmillan. The department’s Antitrust Division previously settled its claims against four book publishers–Hachette Book Group Inc., HarperCollins Publishers L.L.C., Penguin Group (USA) Inc. and Simon & Schuster Inc.
On April 11, 2012, the department filed a lawsuit against Apple and the five publishers alleging they conspired to eliminate retail price competition, resulting in consumers paying millions of dollars more for their e-books. The settlement with Hachette, HarperCollins and Simon & Schuster was approved by the court in September 2012. The public comment period on the department’s settlement with Penguin will close on March 5, 2013. The trial against Apple is scheduled to begin in June 2013.“As a result of today’s settlement, Macmillan has agreed to immediately allow retailers to lower the prices consumers pay for Macmillan’s e-books,” said Jamillia Ferris, Chief of Staff and Counsel at the Department of Justice’s Antitrust Division. “Just as consumers are already paying lower prices for the e-book versions of many of Hachette’s, HarperCollins’ and Simon & Schuster’s new releases and best sellers, we expect the prices of many of Macmillan’s e-books will also decline.”
According to the complaint, the five publishers and Apple were unhappy that competition among e-book sellers had reduced e-book prices and the retail profit margins of the book sellers to levels they thought were too low. To address these concerns, the department said the companies worked together to raise retail e-book prices and eliminate price competition, substantially increasing prices paid by consumers. Before the companies began their conspiracy, retailers regularly sold e-book versions of new releases and bestsellers for, as described by one of the publisher’s CEO, the “wretched $9.99 price point.” As a result of the conspiracy, consumers were typically forced to pay $12.99, $14.99 or more for the most sought after e-books, the department said.
Under the proposed settlement agreement, Macmillan will immediately lift restrictions it has imposed on discounting and other promotions by e-book retailers and will be prohibited until December 2014 from entering into new agreements with similar restrictions. The proposed settlement agreement also will impose a strong antitrust compliance program on Macmillan, including requirements that it provide advance notification to the department of any e-book ventures it plans to undertake jointly with other publishers and regularly report to the department on any communications it has with other publishers. Also for five years, Macmillan will be forbidden from agreeing to any kind of most favored nation (MFN) provision that could undermine the effectiveness of the settlement.
Macmillan has its principal place of business in New York City. It publishes e-books and print books through publishers such as Farrar, Straus and Giroux and St. Martin’s Press. Verlagsgruppe Georg von Holtzbrinck GmbH owns Holtzbrinck Publishers LLC, which does business as Macmillan, and has its principal place of business in Stuttgart, Germany.
Hachette Book Group USA has its principal place of business in New York City. It publishes e-books and print books through its publishers such as Little, Brown and Company and Grand Central Publishing.HarperCollins Publishers L.L.C. has its principal place of business in New York City. It publishes e-books and print books through publishers such as Harper and William Morrow.
Penguin Group (USA) Inc. has its principal place of business in New York City. It publishes e-books and print books through publishers such as The Viking press and Gotham Books. Penguin Group (USA) Inc. is the U.S. subsidiary of The Penguin Group, a division of Pearson plc, which has its principal place of business in London.
Simon & Schuster Inc. has its principal place of business in New York City. It publishes e-books and print books through publishers such as Free Press and Touchstone.
Apple Inc. has its principal place of business in Cupertino, Calif. Among many other businesses, Apple distributes e-books through its iBookstore.
The proposed settlement, along with the department’s competitive impact statement, will be published in the Federal Register, consistent with the requirements of the Antitrust Procedures and Penalties Act. Any person may submit written comments concerning the proposed settlement within 60-days of its publication to John R. Read, Chief, Litigation III Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., 4th Floor, Washington, D.C. 20530. These comments will be published either in the Federal Register or, with the permission of the court, will be posted electronically on the department’s website. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.
Jury Convicts Owner of Tire Recycling Company of Defrauding Small Business AdministrationRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
DAYTON – A U.S. District Court jury here today convicted Paul David Musgrave, 57, of Warhaw, North Carolina of conspiring to defraud the Mutual Federal Savings Bank of Troy, Ohio, and the Small Business Administration out of $1,715,600 in connection with a business loan he sought to establish a tire recycling plant in Troy.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Edward J. Hanko, Special Agent in Charge, Federal Bureau of Investigations (FBI) and Scott Dennis, Special Agent in Charge, U.S. Small Business Administration Office of Inspector General announced the verdict returned on February 7 following a trial that began January 28 before U.S. District Judge Timothy S. Black.
Testimony presented during the seven-day trial showed that in November 2008, Musgrave and others organized Dayton International Tire Recycling as a small business intending to construct and operate a tire recycling plant at 1400 Lytle Road in Troy. Musgrave owned 81 percent interest in the company. The rest was held by a Singapore-based corporation known as Intercontinental Trading of the British Virgin Islands.
In 2010, Musgrave applied for an SBA-backed loan for $1,715,650. In the loan application documents, he falsely certified that he would put money from his personal savings, home equity and from a home equity line of credit toward the project. The lender required proof that the tire shredding/recycling equipment and machinery they claimed to have purchased from an Australian company had actually been shipped before releasing the loan proceeds. The jury found that Musgrave provided the lender with fabricated financial documents, packing lists, commercial invoices and bills of lading.
After deliberating three days, the jury convicted Musgrave of one count of conspiracy, two counts of wire fraud, and one count of bank fraud.
Musgrave faces up to 30 years imprisonment, a $1 million fine, and five years of supervised release on each count. Judge Black will sentence Musgrave on June 13, 2013.Stewart commended the cooperative investigation conducted by FBI and SBA-OIG agents, as well as Assistant U.S. Attorneys Dwight Keller and Alex Sistla, who are representing the United States in the case.
Judge Sentences Canadian Man for "Grandson" SchemeRead the Press Release
PHILADELPHIA - Anthony Oluwole Ojo, 44, of Ontario, Canada, was sentenced yesterday to 45 months in prison for running a scam in which he pretended to be a relative of his victims and in need of help. Ojo, and/or others working with him, would telephone his victims, most of whom were elderly, from Canada, and would claim to be the victim's grandson. The victims were told their grandson had been arrested and needed money to pay legal expenses. Ojo, and/or those working in concert with him, would instruct the victim to wire funds, using Western Union, MoneyGram or a similar service, to a fictitious name provided by Ojo. The victim would do so at which point Ojo, using a false means of identification in the fictitious name provided to the victim, would receive the wired funds. If the victim complied, Ojo would then contact the victim again to obtain more money. In one instance, an elderly victim was tricked into wiring money on numerous occasions resulting in a loss to her of $106,400. As a result of the scheme, Ojo defrauded more than 120 victims of at least $643,503.97, in total. Ojo pleaded guilty to three counts of wire fraud on May 14, 2012.
In addition to the prison term, U.S. District Court Judge Joel H. Slomsky ordered Ojo to pay restitution of $643,503.97. Ojo also faces possible deportation.
The case was investigated by the United States Secret Service and is being prosecuted by Assistant United States Attorney Linwood C. Wright.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 8, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
SAM VERNON WINDY BOY, JR., a 68-year-old resident of Box Elder, appeared on charges of aggravated sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, WINDY BOY faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Laura B. Weiss is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
LOUIS MICHAEL HEALY, a 40-year-old resident of Hays, appeared on charges of assault resulting in serious bodily injury, assault with a dangerous weapon, aggravated sexual abuse, and abusive sexual contact. He is currently detained. If convicted of these charges, HEALY faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Illinois Man Charged with Criminal TrespassRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chicago, Illinois man has been indicted by a federal grand jury for Criminal Trespass.
Steven Nichols, age 42, was indicted by a federal grand jury on October 16, 2012. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 7, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 1 year in custody, a $100,000 fine, or both; 1 year of supervised release; and a $25 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Nichols is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Nichols was remanded to the custody the U.S. Marshal pending trial. The trial is set for April 2, 2013.
Harrisburg Man Charged for Failing to Properly Register as A Sex OffenderRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced charges filed Thursday against Calvin L. Green, age 59, of Harrisburg, for failing to properly register in Pennsylvania as a Sex Offender.
According to United States Attorney Peter J. Smith, Green is charged with knowing failure to register under the Sex Offender Registration and Notification Act. Green has a conviction that requires his registration and updates under that law.
The charge stems from an investigation conducted by the United States Marshals Service. The case is being prosecuted by Assistant United States Attorney James T. Clancy.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Hancock County Man Admits Katrina FraudRead the Press Release
Gulfport, Miss – Anthony L. Bryan, 50, of Hancock County, Mississippi, pled guilty on Wednesday, February 6, 2013, to making false statements to the Mississippi Development Authority (MDA) for Hurricane Katrina grant money, announced U.S. Attorney Gregory K. Davis and Daniel McMullen, Special Agent in Charge of the Federal Bureau of Investigation.
In February, 2008, Bryan applied for an MDA Homeowner Assistance program grant to receive Homeowner Assistance Program or “HAP” assistance from the U. S. Department of Housing and Urban Development for damages incurred by Hurricane Katrina at an address in Bay St. Louis, Mississippi which he falsely claimed as his primary residence. As a result of his false statement, he received $97,271.73.
Bryan will be sentenced on May 15, 2013, at 10:00 a.m. by Senior U. S. District Judge Walter J. Gex III. He faces a maximum penalty of five years in prison and a $250,000 fine.
This case was investigated by the U.S. Department of Housing and Urban Development (HUD) Office of Inspector General and the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorneys Jerry Rushing, Ruth Morgan and Andrea Jones.###
If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
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Hampton Man Convicted of Armed RobberyRead the Press Release
NEWPORT NEWS, Va. –Melvin O. Rushing, Jr., 24, of Hampton, Va., has been convicted by a federal jury of attempting to rob a McDonald’s, forcing the restaurant’s employees into a freezer at gunpoint before fleeing the scene.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; James Newman, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division; and Thomas Townsend, Chief of the Hampton Police Division, made the announcement after the verdict was accepted by United States District Judge Arenda Wright Allen.
Rushing was convicted on Feb. 7, 2013, of conspiracy and robbery, which both carry a maximum penalty of 20 years in prison, as well as possession of a firearm in connection with a crime of violence, which carries a mandatory minimum of seven years and a maximum of life in prison. Sentencing is scheduled for May 10, 2013.
According to court records and evidence at trial, Rushing and an accomplice robbed the Hampton McDonald’s restaurant on May 6, 2009. Rushing brandished a firearm before forcing the employees into a refrigerator freezer, and he and his accomplice fled on foot, shedding identifying clothing as they ran.
This case was investigated by the ATF’s Washington Field Division and the Hampton Police Division. Assistant United States Attorney Robert E. Bradenham, II and Special Assistant United States Attorney Teresa A. Wallbaum from the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Guatemalan Drug Smuggler Extradited to TampaRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces the extradition from Guatemala of Alma Lucrecia Hernandez-Preciado, a/k/a "La Tia," (40, Tecun Uman, Guatemala). Extradition to Tampa was sought following the return of an indictment, on September 22, 2011, charging Hernandez-Preciado with violations of the Maritime Drug Law Enforcement Act. Hernandez-Preciado was arrested in Guatemala on October 10, 2011. If convicted, Hernandez-Preciado faces a maximum penalty of life in federal prison.
According to the indictment, Hernandez-Preciado participated in a conspiracy with others, including persons who were on board a vessel subject to the jurisdiction of the United States, to possess with intent to distribute and to distribute five kilograms or more of cocaine. Hernandez-Preciado is also charged with aiding and abetting others, including persons who were on board a vessel subject to the jurisdiction of the United States, with respect to the possession with the intent to distribute five (5) kilograms or more of cocaine. The charges relate to Hernandez-Preciado's role in organizing the maritime smuggling of cocaine shipments, including a drug smuggling venture where the crew of a go-fast boat was interdicted by the United States Coast Guard off the coast of Guatemala on May 18, 2011, and 347 kilograms of cocaine were seized.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Panama Express Strike Force, an OCDETF funded operation targeting maritime smuggling. Participating agencies include the Drug Enforcement Administration (DA), including DEA's Guatemala City Country Office, the Federal Bureau of Investigation (FBI), U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the United States Coast Guard Investigative Service (CGIS), the Joint Interagency Task Force - South (JIATFS) and the United States Marshals Service, with assistance from the government of Guatemala and Guatemalan law enforcement agencies. It will be prosecuted by Assistant United States Attorneys Matthew Jackson and W. Stephen Muldrow.
Gregg County Man Guilty of Possessing Stolen FirearmRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas - A 51-year-old Longview, Texas man has pleaded guilty to federal firearms violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Kym David Pearce pleaded guilty to possession of a stolen firearm today before U.S. Magistrate Judge Judith K. Guthrie.
According to information presented in court, on May 20, 2012, a federal warrant was executed for Pearce’s arrest at his residence on Virgie Street in Longview, Texas. As Pearce was being arrested, Gregg County CODE agents observed several firearms in the residence. A search of the residence resulted in the discovery of eight firearms and several rounds of ammunition. Pearce admitted that he knew at least one of the firearms in his residence was stolen. Pearce was indicted by a federal grand jury on Oct. 3, 2012
Pearce faces up to 10 years in federal prison. A sentencing date has not been set.
This case was investigated by the Gregg County Organized Drug Enforcement (CODE) Unit, and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Jim Noble. ####
This case is being prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.Gallatin County Woman Charged with Methamphetamine Related OffenseRead the Press Release
Jeannette L. Margenthaler, 41, of Equality, Illinois, was arraigned in United States District Court in Benton on an indictment charging her with possessing pseudoephedrine with the intent that it be used to manufacture methamphetamine, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois. The indictment, returned by a Federal Grand Jury on February 5th, alleged that the offense occurred on January 8, 2013.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
If convicted, Margenthaler faces up to 20 years’ imprisonment, a $250,000 fine, and 3 years of supervised release to follow her incarceration.
Margenthaler was ordered held without bond and was remanded to the custody of the United States Marshal to await further proceedings.
The case was investigated by the Carmi office of the Southern Illinois Drug Task Force with the assistance of the Gallatin County Sheriff’s Department.
The case is being prosecuted by Assistant United States Attorney James M. Cutchin.
Four Syracuse Area Defendants Plead Guilty in Federal Court to Conspiracy to Distribute Synthetic Drug “molly”Read the Press Release
Syracuse, NY—United States Attorney Richard S. Hartunian announced that four individuals entered guilty pleas yesterday in U.S. District Court in Syracuse to conspiring to distribute a controlled substance analogue, known on the street as “Molly.” The pleas were in connection with a large scale drug trafficking conspiracy, based in Central New York, that involved twenty-two coconspirators located in New York, California, Texas, Virginia and the Peoples Republic of China. Yesterday’s proceedings brings the number of defendants entering guilty pleas to sixteen. Five remaining defendants are scheduled to go on trial on April 29th in Syracuse. One defendant, Lei Zhang, a.k.a., Eric Chang, remains a fugitive.1
Appearing before U.S. District Judge, Glenn T. Suddaby, WILLIAM HARPER (age 54) of Syracuse, NY, CHARLES DEMOTT, JR. (age 45) of Liverpool, NY, and MARY OOTGAMBUZZA, (age 45), of East Syracuse, NY, and JON RADWAY, (age 33) of Pompey, NY, admitted to conspiring to distribute 4-Methylmethcathinone (4-MMC) and 4-Methyl-NEthylcathinone (4-MEC), often referred to as “Molly.” 4-MMC and 4-MEC are controlled substance analogues of a Schedule I controlled substance also referred to, on the street, as ‘Bath Salts’. HARPER also entered a guilty plea to money laundering, a federal felony, in admitting that he wired $2700 from a Bank of America account in the name of Orange Line Gallery, Ltd. to CEC Limited, in Shanghai, China to pay for a quantity of “Molly”.
At sentencing, each defendant faces a term of imprisonment of up to twenty (20) years, up to a $1 million fine, and at least three (3) years of supervised release following any period of incarceration. Sentencings are scheduled for August, 2013.
These prosecutions resulted from an investigation first undertaken in the spring of 2009 by the Syracuse Resident Office of the Drug Enforcement Administration (DEA), the Onondaga County Sheriff’s Office, the Syracuse Police Department, Immigration and Customs Enforcement, the Onondaga County District Attorney’s Office, the United States Marshals Service, the New York State Police, and the United States Attorney’s Office for the Northern District of New York. The investigation, which included wiretaps revealed that this “Molly” trafficking organization was responsible for the distribution of over one hundred (100) kilograms of “Molly” during the course of the conspiracy from January 2010 through April 2011. The “Molly,” believed to be manufactured in factories in China, was shipped to distributors in the Syracuse area, as well as other areas in the United States.
The case is being prosecuted by Assistant U.S. Attorneys Carla Freedman and John Duncan. Further questions or inquiries may be directed to Executive Assistant United States Attorney John Duncan at (315) 448-0672.
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1As to these defendants, the charges are mere allegations and the defendants are presumed innocent unless and until proven guilty in a court of law. - 2 -
Four Richland County Residents Indicted on Methamphetamine ChargesRead the Press Release
Four Richland County residents were charged in separate indictments returned by a Federal Grand Jury sitting in Benton, Illinois, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today.
Timothy L. Garrard
Timothy L. Garrard, 32, of Olney, Illinois, was charged in a three count indictment. Count 1 charges that from on or about October 2011, until on or about November 2012, Garrard conspired to manufacture methamphetamine. Count 2 charges that from October 25, 2011, to October 29, 2012, Garrard possessed pseudoephedrine, knowing and having reasonable cause to believe that the pseudoephedrine would be used to manufacture methamphetamine. Count 3 charges that on November 4, 2012, Garrard possessed with the intent to distribute a mixture or substance containing Hydrocodone.
On Count 1, Garrard faces penalties of up to 20 years imprisonment, up to a $1,000,000 fine, and at least three years of supervised release. On Count 2, Garrard faces penalties of up to 20 years imprisonment, up to a $250,000 fine, and up to four years of supervised release. On Count 3, Garrard faces penalties of up to 10 years imprisonment, up to a $500,000 fine, and at least two years of supervised release.
Brian Kelly Jenner
Brian Kelly Jenner, 50, of Olney, Illinois, was charged in a two count indictment. Count 1 charges that from on or about April 2010, to on or about September 2012, Jenner conspired to manufacture more than 50 grams of methamphetamine. Count 2 charges that from April 23, 2010, to September 13, 2012, Jenner possessed pseudoephedrine, knowing and having reasonable cause to believe that the pseudoephedrine would be used to manufacture methamphetamine.
On Count 1, Jenner faces penalties of 5-40 years imprisonment, up to a $5,000,000 fine, and at least four years of supervised release. On Count 2, Jenner faces penalties of up to 20 years imprisonment, up to a $250,000 fine, and up to four years of supervised release.
Carol R. Wille
Carol R. Wille, 44, of Noble, Illinois, was charged in a one count indictment. Count 1 charges that from January 10, 2010, to June 1, 2012, Wille possessed pseudoephedrine, knowing and having reasonable cause to believe that the pseudoephedrine would be used to manufacture methamphetamine. Wille faces penalties of up to 20 years imprisonment, up to a $250,000 fine, and up to four years of supervised release.
Jeffrey T. Wimberly
Jeffrey T. Wimberly, 45, of Olney, Illinois, was charged in a one count indictment. Count 1 charges that from February 2011, to on or about October 2012, Wimberly conspired to manufacture more than 50 grams of methamphetamine. Wimberly faces penalties of 5-40 years imprisonment, up to a $5,000,000 fine, and at least four years of supervised release.
With respect to all four defendants, an Indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The investigation in these cases was conducted by the Richland County Sheriff’s Office, the Southeastern Illinois Drug Task Force, the Richland County States Attorney’s Office, and the Clay County States Attorney’s Office.
The cases are being prosecuted by Assistant United States Attorney George A. Norwood.
Former Global Mobility Coordinator Pleads Guilty to Defrauding Employer and Tax Fraud ConspiracyRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that Alesia Ann Spivey (46, Brandon) today pleaded guilty to one count of conspiracy to commit wire fraud against her former employer, Jabil Circuit, Inc. (“Jabil Circuit”), and one count of conspiracy to defraud the Internal Revenue Service and theft of government funds. Spivey faces a maximum penalty of 10 years in federal prison for both offenses.According to the plea agreement, in 2010 and 2011, Spivey was employed in Jabil Circuit’s Global Mobility Group as a Global Mobility Coordinator and a Regional Relocation Program Administrator, in their St. Petersburg corporate offices. Her job responsibilities in these positions included working with Jabil Circuit’s relocation manager, Weichert Relocation Resources, Inc. (“Weichert”), to assist Jabil Circuit’s employees with work-related changes in residence. Beginning around August 2010, and continuing through in or about October 2011, Spivey conspired with various individuals to defraud Jabil Circuit by requesting relocation benefits for non-existent employees. Spivey recruited various co-conspirators to pose as Jabil Circuit employees. These conspirators, opened, maintained, and otherwise made their bank accounts available to receive fraudulently-obtained relocation benefits. To facilitate this aspect of the fraud, Spivey and other conspirators purchased “throw-away” mobile telephones, on which they received telephone calls from Weichert, to communicate about the particular relocation benefits packages being offered and to determine which bank to send any lump sum cash payments. In general, once a lump sum payment was made, the conspirators divided up the fraud proceeds between themselves. Ultimately, the conspirators defrauded Jabil Circuit out of $318,764.98 in relocation benefits and fees paid to furnish those benefits.
In a completely separate fraud scheme, between January and August 2012, Spivey engaged in a scheme with other individuals to file false income tax returns with the Internal Revenue Service in order to obtain fraudulent refunds to which the conspirators were not entitled. The conspirators carried out this tax fraud conspiracy by obtaining the means of identification of various persons, including the names, dates of birth, and social security numbers of such persons. The means of identification were then used by the conspirators to prepare and electronically file approximately 217 false and fraudulent federal income tax returns. In many cases, the individuals whose identities appeared on these fraudulent returns did not know Spivey and the other conspirators were filing tax returns on their behalf. In total, these 217 fraudulent returns claimed approximately $1,554,493.00 in bogus tax refunds. Ultimately, the IRS paid out $551,472.90 in refunds to the conspirators.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation. It is being prosecuted by Assistant United States Attorney Simon Gaugush.
Former Ft. Bragg Soldier Sentenced for Conspiracy to Defraud the United States GovernmentRead the Press Release
Broadway - United States Attorney Thomas G. Walker announced that in federal court on February 6, 2013, United States District Judge Terrence W. Boyle sentenced NATOSHA JUNE BOYD, 26, to 30 months imprisonment followed by 3 years supervised release, for her involvement in a scheme to defraud the United States Government. Restitution was ordered in the amount of $480,810.66.
On October 24, 2012, BOYD pled guilty to conspiring to defraud the United States by obtaining payment through false, fictitious and fraudulent claims, in violation of Title 18, United States Code, Section 286. According to court documents and proceedings, from January 2009 until April 2010, BOYD, along with co-conspirators, submitted false and inflated claims for travel reimbursement through the Department of Defense’s Travel System. BOYD is the seventh former Fort Bragg soldier to be sentenced in connection with the conspiracy. Her former husband, Richard T. Kelley II, was sentenced to forty-eight months in prison on October 26, 2012, and ordered to repay $799,371.30 in restitution.
Investigation of this case was conducted by The United States Army Criminal Investigation Division and the Federal Bureau of Investigation. Special Assistant United States Attorneys Jamal Rhinehardt and David Coleman, with the XVIII Airborne Corps Office of the Staff Judge Advocate, prosecuted the case.
Former Credit Union Teller Admits Embezzling over $23,000 from Customer AccountsRead the Press Release
POCATELLO – Virginia Mecham, 40, of Idaho Falls, Idaho, pleaded guilty today an information charging her with one count of embezzlement by a credit union employee, U.S. Attorney Wendy J. Olson announced. The information was filed in United States District Court in Pocatello on January 31, 2013.
According to the plea agreement, in August 2011, customers of Westmark Credit Union in Idaho Falls contacted the credit union to inquire about unauthorized withdrawals from their accounts. An examination of the questionable transactions determined they were all handled by Mecham, a credit union teller. During an interview with bank officials, Mecham admitted embezzling the money and admitted that she spent it on various personal expenses. Mecham agreed to pay full restitution of $23,625.
The charge of embezzlement by a credit union employee is punishable by up to 30 years in prison, a maximum fine of $1 million, and up to three years of supervised release.
Sentencing is set for April 30, 2013, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Federal Bureau of Investigation.
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.
Former Background Investigator for Federal Government Sentenced for Making A False StatementRead the Press Release
WASHINGTON - Kristen M. Jasper, 28, a former background investigator for the U.S. Office of Personnel Management OPM), was sentenced today to six months of home detention and ordered to pay $109,000 in restitution for falsifying work on background investigations of federal employees and contractors, announced U.S. Attorney Ronald C. Machen Jr. and Patrick E. McFarland, Inspector General for the Office of Personnel Management.
Jasper, of Hayden Lake, Idaho, pled guilty in August 2012 in the U.S. District Court for the District of Columbia to a charge of making a false statement. The Honorable Beryl A. Howell sentenced her today, including the six months of home detention as part of three years of probation.
According to a statement of offense submitted to the Court at the time of the guilty plea, Jasper was a Special Agent assigned to the Federal Investigative Services, where her job was to conduct federal background investigations.
Between August 2010 and June 2011, in more than three dozen Reports of Investigation on background investigations, Jasper represented that she had interviewed a source or reviewed a record regarding the subject of the background investigation. In fact, she had not conducted the interview or obtained the record. Her reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, or for receiving or retaining security clearances.
Jasper’s false representations have required Federal Investigative Services to reopen and rework numerous background investigations that were assigned to her during the time period of her falsifications, at an estimated cost of $109,000 to the U.S. government. The restitution is to be paid to the federal government.
Federal Investigative Services has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information. The falsification of investigative case work by the defendant was detected through the program.
This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia in the last four years involving false representations by background investigators and record checkers working on federal background investigations. In addition to Jasper, 13 other background investigators and two record checkers have been convicted of charges.
Federal Investigative Services, through its workforce of approximately 7,300 investigators, is responsible for conducting background investigations for numerous federal agencies and their contractors, on individuals either employed by or seeking employment with those agencies or contractors. Federal Investigative Services conducted more than 2.1 million investigations during the 2012 fiscal year. More than 770,000 of these investigations involved applicants for access or continued access to classified information.
In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation. After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.
In announcing the sentence, U.S. Attorney Machen and Inspector General McFarland praised the efforts of Special Agent Nathaniel Smith, OPM, Office of the Inspector General, and Philip Kroop, Chief of Quality and Integrity Assurance, OPM-Federal Investigative Services. Mr. Machen and Mr. McFarland also acknowledged the work of Assistant U.S. Attorneys Mary Chris Dobbie and Ellen Chubin Epstein, who investigated and prosecuted this matter.
13-043Fifth V-not Gang Member Pleads Guilty to Rico ConspiracyRead the Press Release
RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, announces that DONALD JOHNSON, JR., age 25, of Syracuse, pled guilty this morning in U.S. District Court in Syracuse to an indictment which charged him and ten others with conspiring to exploit their membership in the V-NOT Gang to engage in a pattern of racketeering activity which included acts of murder, attempted murder, drug trafficking, and robbery. JOHNSON is the fifth defendant to plead guilty in this case. The case against six co-defendants remains pending.1
At sentencing, JOHNSON faces up to life imprisonment, a $250,000 fine, and three years of supervised release following any period of incarceration. The Indictment to which JOHNSON pled alleges that from at least 2003 through May 2012 members of the V-Not Gang: (1) maintained a specific geographic territory within the City of Syracuse in which only gang members can sell crack cocaine and marijuana; (2) protected that exclusive crack distribution territory with violence; (3) obtained drugs from various suppliers; (4) projected a very violent attitude and responded to violence with violence in order to preserve their stature in the gang community; (5) used graffiti, hand signs, and tributes on their clothing to slain gang members to signify their gang membership; (6) used criteria such as a willingness to use violence, ability to sell drugs, and familial connections to determine membership; and (7) routinely carried and used firearms in connection with their gang activity.
There are multiple acts of violence and drug distribution set forth in the Indictment, including 1 murder, 10 other shootings, 8 other acts of gun possession, and 18 acts of crack distribution and/or possession with intent to distribute crack. With respect to the murder, the Indictment includes allegations that on November 26, 2010, gang member Kahari Smith shot and killed Kihary Blue on Interstate 81 in downtown Syracuse as part of an ongoing feud between the V-Not and Bricktown gangs.
This prosecution resulted from a long-term investigation conducted by the Syracuse Gang Violence Task Force, which is comprised of agents and detectives from the following agencies:
United States Department of Justice, Bureau of Alcohol, Tobacco, and Firearms (Syracuse Office), the Syracuse Police Department, the Onondaga County Sheriff's Department, the New York State Police, and the United States Marshals Service. The Onondaga County District Attorney’s Office and the Drug Enforcement Administration - Syracuse office, also assisted in the investigation.
Further questions or inquiries may be directed to Assistant U.S. Attorney John M. Katko, who is prosecuting the case, at (315) 448-0672.
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1The allegations contained in the Indictment are mere accusations; and the defendants are presumed innocent unless and until proven guilty in a court of law.
Federal Jury Finds Rowlett, Texas, Man Guilty of Selling Firearms Without A LicenseRead the Press Release
Defendant Sold Used Firearms for Resale from His Print Screen Shop in Garland, Texas
DALLAS — Following nearly a week of trial and deliberation, a federal jury has found Jackie Don Burke, 68, of Rowlett, Texas, guilty of engaging in the business of firearms without a license, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. Burke faces a maximum statutory penalty of five years in prison and a $250,000 fine. He will remain on bond pending sentencing, which is set for May 24, 2013, before U.S. District Judge Barbara M. G. Lynn.
The government presented evidence at trial that Burke repeatedly bought used firearms for resale, a business that he conducted out of his print screening shop in Garland, Texas. According to Burke’s own records, he sold at least 135 firearms in a 14-month period.
In one instance, Burke sold a pistol to an undercover ATF agent without even asking if he was a prohibited person, i.e., a convicted felon. Burke only asked the agent if he had a Texas driver’s license, which Burke only glanced at. Burke had a sign outside his print screening business that declared that he was in the business of selling guns, but he maintained that he was simply selling firearms from his personal collection, which is lawful. During his testimony, Burke told the jury, multiple times, that he was simply “too old to go to jail.”
The indictment includes a forfeiture allegation that requires Burke, upon conviction, to forfeit 45 firearms.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Taly Haffar and Katherine Pfeifle are prosecuting.
Federal Drug Indictment FiledRead the Press Release
Six Southern Illinois residents made their initial appearance in federal court on February 7, 2013, on a one-count second superseding indictment charging conspiracy to manufacture methamphetamine, in United States District Court in Benton announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois.
Virgil Easton, a/k/a “Pee Wee,” 35, Joshua B. Kennedy, 22, Rebecca L. Fortner, 31, Samantha L. Schneider, 29, all of Cutler, Leila M. Jaimet, 45, of Campbell Hill, and Phillip D. Jaimet, 25, of Percy were charged in a one-count second superseding indictment charging conspiracy to manufacture methamphetamine. The offense occurred between November, 2011, and January, 2013, in Perry, Jackson, and Randolph Counties. The offense carries a penalty of up to 20 years’ imprisonment, 3 years’ supervised release, and a fine of up to $1,000,000. All co-defendants are being held without bond pending their detention hearing which will be held on February 12, 2013. Previously, eight co-defendants have previously appeared in federal court on this charge.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office, Randolph County Sheriff’s Office, Perry County Sheriff’s Office Percy Police Department, Murphysboro Police Department, Sparta Police Department, Illinois State Police Methamphetamine Response Team, and the Drug Enforcement Administration. The United States Marshals Service has also assisted during the investigation.
The case is being prosecuted by Assistant United States Attorney Amanda A. Robertson.
Federal Agents Arrest Man After He Attempts to Bomb Bank in OaklandRead the Press Release
OAKLAND, Calif. – Federal agents arrested Matthew Aaron Llaneza, age 28, of San Jose, Calif., this morning after he allegedly attempted to detonate a vehicle-borne explosive device at a bank branch in Oakland. Llaneza’s arrest was the culmination of an undercover operation during which he was closely monitored by the Federal Bureau of Investigation’s South Bay Joint Terrorism Task Force. Unbeknownst to Llaneza, the explosive device that he allegedly attempted to use had been rendered inoperable by law enforcement and posed no threat to the public. Llaneza was charged this morning by criminal complaint with attempted use of a weapon of mass destruction against property used in an activity that affects interstate or foreign commerce, in violation of 18 U.S.C. § 2332a(a)(2)(B).
The arrest was announced by Melinda Haag, U.S. Attorney for the Northern District of California; Lisa Monaco, Assistant Attorney General for National Security; and FBI Special Agent in Charge, San Francisco Field Office, David J. Johnson.
According to the affidavit filed in support of the criminal complaint, on Nov. 30, 2012, Llaneza met with a man who led him to believe he was connected with the Taliban and the mujahidin in Afghanistan. In reality, this man was an undercover FBI agent. At this initial meeting, Llaneza proposed conducting a car-bomb attack against a bank in the San Francisco Bay Area. He proposed structuring the attack to make it appear that the responsible party was an umbrella organization for a loose collection of anti-government militias and their sympathizers. Llaneza’s stated goal was to trigger a governmental crackdown, which he expected would trigger a right-wing counter-response against the government followed by, he hoped, civil war.
The complaint further alleges that Llaneza subsequently selected the Bank of America branch at 303 Hegenberger Road in Oakland as the target for the attack. Llaneza ultimately specified a spot next to a support column of the bank building as a good location for the bomb, expressed a desire for the bomb to bring down the entire bank building and offered to drive the car bomb to the bank at the time of the attack.
According to the complaint, in January and February 2013, Llaneza and the undercover agent constructed the purported explosive device inside a sport utility vehicle (SUV) parked inside a storage facility in Hayward, Calif. As part of the process of assembling the device, Llaneza purchased two cellphones to be used in creating and operating the trigger device for the car bomb. One of these cellphones was incorporated into the trigger device itself. The other was reserved for use on the night of the attack.
The criminal complaint alleges that on the evening of Feb. 7, 2013, Llaneza drove the SUV containing the purported explosive device to the target bank branch in Oakland. He parked the SUV beneath an overhang of the bank building where he armed the trigger device. He then proceeded on foot to a nearby location a safe distance from the bank building, where he met the undercover agent. Once there, Llaneza attempted to detonate the bomb by using the second cellphone he had purchased to place two calls to the trigger device attached to the car bomb. Federal agents then arrested him.
Llaneza made his initial appearance in federal court in Oakland this morning before United States Magistrate Judge Donna M. Ryu. The defendant's next scheduled appearance is at 9:30 a.m. on Feb. 13, 2013, for a bail hearing before Judge Ryu. If convicted on the charge contained in the criminal complaint, he faces a maximum sentence of life in prison.
The case is being prosecuted by the Special Prosecutions and National Security Unit of the United States Attorney’s Office for the Northern District of California. The prosecution is the result of an investigation by the FBI’s San Jose Resident Agency, with the assistance of the FBI San Francisco Joint Terrorism Task Force, the California Highway Patrol, the San Jose Police Department, the Oakland Police Department, the Hayward Police Department, and the Union City Police Department.
The charges contained in the criminal complaint are mere allegations. As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.
(Llaneza complaint )
Federal Agencies Announce Cracking Down on Identity TheftRead the Press Release
United States Attorney Barbara McQuade and Erick Martinez, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, along with E. C. Woodson, Inspector in Charge, United States Postal Inspection Service, and Jeffrey Frost, Special Agent in Charge, United States Secret Service announced a crackdown on tax identity theft and other related charges.
Identity Theft is a serious crime which can result in great personal hardships to the victims of such crimes. The U. S. Attorney’s Office, IRS Criminal Investigations and our law enforcement partners are committed to stemming refund fraud related to identity theft by focusing on preventing, detecting and resolving identity theft cases as soon as possible.
U.S. Attorney McQuade stated, "Identity theft is a serious crime with many layers of harm to innocent victims, including financial loss, damaged credit, and violation of privacy. We hope that these enforcement actions will deter identity thieves from committing these kinds of crimes."
"ID Theft is our top priority and we will not rest until the identity thieves are caught and sent to jail", said Erick Martinez, Special Agent in Charge of IRS-Criminal Investigation.Below are brief summaries of some of the criminal actions investigated by IRS Criminal Investigation, United States Postal Service, and United States Secret Service, that took place in the metropolitan Detroit area during the past several weeks.
∙ U.S. v. Drake Dodson - As alleged in the criminal complaint, Dodson was part of a conspiracy to file federal income tax returns using the names and Social Security numbers of individuals whose identities had been stolen. The returns requested refunds based on false information about tax withholdings and tax credits. The complaint further alleges that the conspirators obtained approximately $1.1 million in refunds.
∙ U.S. v. Brittany Goodson - As alleged in the criminal complaint Goodson was found to be in possession of numerous means of identification, i.e., names, social security numbers, dates of birth and other identifiers, bank routing and account numbers, and numerous prepaid debit cards, along with handwritten notes indicating that individual tax returns had been filed in some of the names. The matter was referred to the IRS/CI which determined that various false and fraudulent income tax returns had been filed using some of the means of identification found in her possession, which directed that fraudulent refunds be wire transferred to many of the prepaid debit card accounts also found in the defendant's possession. The affidavit specifically describes false refunds of $1,464, $3,933 and $4,094 linked to the information possessed by Goodson. She was charged with possession of means of identification with the intent to use them illegally and making false claims to the IRS.
∙ U.S. v. David Sneed - According to the criminal complaint, Sneed was found to be in possession of 29 United States Treasury income tax refund checks with a face value of $141,951.00, all made out to different payees, none of whom was Sneed, and all listing addresses of the payees in the state of Florida. The matter was referred to the U.S. Secret Service and the IRS/CI, and subsequent investigation determined that the checks were individual income tax refund checks issued as a result of the filing of fraudulent tax returns. The defendant admitted that he agreed to receive the checks for a Florida tax preparer and bring them to Michigan to cash them for a percentage of their face value. He was to be paid $100 per check for the service. He was charged with the unlawful possession of means of identification (names and addresses on the checks) to aid and abet or in connection with a federal felony, that is, making false claims to the IRS.∙ U.S. v. George Harris - According to the affidavit underlying the complaint, Harris was found to be in possession of over 50 credit cards and over 100 pages containing various means of identification of others, including names, dates of birth, social security numbers, and addresses. Analysis of the seized items and subsequent investigation revealed that the defendant had no permission to possess the means of identification, and that at least 20 different false individual tax returns had been filed in the names found in the defendant's possession resulting in false refunds of almost $28,000 being issued without the knowledge or consent of the persons named as the taxpayers on the returns. The defendant was charged with possessing means of identification with the intent to commit or in connection with a federal felony, specifically, making false claims to the IRS.
∙ U.S. v. Valerie Butler and Gary Young - A federal indictment was returned charging Butler and Young, age 48 and 25 respectively, of Detroit, Michigan. The defendants were named in an indictment charging them with one count of conspiracy to defraud the government, one count of Identity Theft and multiple counts of Theft of Public Money. The twelve count indictment charges that from 2009-2011, Butler and Young conspired by working together to prepare false tax returns. Butler and Young claimed tax refunds in amounts greater than the taxpayer was entitled to receive. Butler and Young attempted to hide their involvement in the filing of the tax returns by failing to sign the return as the preparer. Butler and Young had all of the refund money deposited to bank accounts that they controlled. They split the refund money with some of the taxpayers, but most of the taxpayers never received any of the refund. Butler and Young filed at least 299 false returns with total false claims of approximately $1,760,000, and refunds issued of approximately $1,079,201.
IRS Criminal Investigation, United States Postal Inspection Service, and United States Secret Service need your help in preventing, detecting and resolving identity theft cases. Let us know as soon as possible if you suspect that you may have you're your identity compromised or know someone who is involved in ID Theft. Remember - Be careful with your personal information, especially with your social security number. It you have questions about ID Theft, go to the following websites: www.IRS.gov, www.postalinspectors.uspis.gov and www.secretservice.gov. It is important to keep in mind the IRS does not initiate contact with taxpayers by email to request personal or financial information over the internet. This also includes any type of electronic communication, such as text messages and social media channels.
Eleven South Florida Residents Charged in $34 Million Stolen Identity Tax Refund SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Paula Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, announced the unsealing of a forty-three count indictment charging defendants eleven South Florida residents with stolen identity tax refund fraud. Charged in the indictment are Henry Dorvil, aka “D,” 35, of Hollywood, Herve Wilmore Jr., 29, of Aventura, Dukens Eleazard, aka “DK,” 33, of Pembroke Pines, Marie Eleazard, aka “Fanfan,” 32, of Miami, Jesse Lamar Harrell, 26, of Miramar, Luckner St Fleur, aka “Nene,” 32, of Miami, Ruth Cartwright, aka “Princess,” 30, formerly of Plantation, Miguel Patterson, 35, of Miami, Brandon Johnson, 29, of Miami Gardens, John Similien, 24, of Plantation, and Marc Leroy Saint Juste, 26, of Tamarac. Defendants Dorvil, Harrell, Patterson, Johnson and Saint Juste made their initial appearances in federal court before U.S. Magistrate Judge Lurana S. Snow in Fort Lauderdale at 1:00pm today. Defendant Cartwright was arrested in the Northern District of Georgia and will make her initial appearance there. Defendants Wilmore, both Eleazards, St Fleur and Similien remain at large.
Specifically, each defendant is charged with one count of conspiring to defraud the Internal Revenue Service; commit wire fraud; and commit aggravated identity theft, all in violation of Title 18, U.S.C. § 371, as well as two counts of wire fraud, in violation of Title 18, U.S.C., §§ 1343 and 2. In addition, defendants Dorvil, Wilmore, Dukens Eleazard, Marie Eleazard, Harrell, St Fleur, Cartwright, Patterson, Johnson and Similien are charged with two counts of aggravated identity theft, in violation of Title 18, U.S.C. §§ 1028A(a)(1) and 2. The indictment also seeks the forfeiture of $443,449.07 seized from a bank account, a 2011 Cadillac Escalade EXT Premium Sport and 2010 Nissan Maxima registered to defendant Dukens Eleazard, a 2011 Infiniti M37 registered to defendant Marie Eleazard and a 2010 Porsche purchased by defendant Wilmore.
According to the indictment, the defendants recruited knowing participants and unknowing victims to put businesses, bank accounts and Electronic Filing Identification Numbers (EFINs) in the defendants’ names. The defendants used this information to execute their fraud scheme, including tax refund fraud. The defendants also used the personal identification information of real persons, including some deceased, to file false income tax returns with the IRS. In this way, the defendants received IRS refund checks (U.S. Treasury checks and Refund Anticipation Loan (RAL) checks) at addresses and bank accounts that they controlled. To avoid having the fraud discovered, the defendants negotiated the fraudulently obtained income tax refund checks at each other’s businesses.
According to the indictment, from about January 2009 through March 2012, the defendants filed with the IRS approximately 6,961federal income tax returns, requesting refunds totaling approximately $34,096,321. Of the 6,961 field tax returns, 2,763 used the identities of deceased individuals.
U.S. Attorney Wifredo A. Ferrer, “Stolen identity refund fraud is spreading in South Florida like an out of control wildfire. Two days ago, we announced charges against 14 individuals in six separate cases on charges of stolen identity refund fraud. Today, in just one case, we are charging another 11 individuals who used stolen identities, including that of almost 3,000 deceased persons, to file fraudulent returns seeking close to $35 million in tax refunds. My office, in conjunction with the members of the South Florida Identity Theft Tax Fraud Strike Force, will continue to prosecute these thieves, not just to punish them, but also to deter others from thinking they can get away with stealing honest taxpayers’ hard-earned refunds.”
Special Agent in Charge Jose A. Gonzalez stated, “These defendants conspired to use the personal identification information of taxpayers, including deceased individuals, to file false income tax returns with the IRS. These actions not only pose a serious problem for taxpayers, but adversely affect the integrity of our tax system. Together with our law enforcement partners we will continue to remain vigilant in identifying, investigating and prosecuting those individuals who seek to willfully defraud the United States Treasury and have a blatant disregard for the victims of their schemes.”
“Unfortunately, this is another example of the rapidly growing wave of stolen identity tax refund fraud,” said Xanthie C. Mangum, Acting Special Agent in Charge of FBI Miami Division. “The FBI continues to actively target these fraudsters who seek illicit gains by victimizing hard-working taxpayers.”
Secret Service Special Agent in Charge Paula Reid stated, “The existence of identity theft in the south Florida region is an unfortunate criminal epidemic. At any time, anyone is subject to being a victim. The investigative efforts of the law enforcement community must remain strong and unwavering as the offenders’ continuous success and harm with this stealthy crime cannot prevail.”
If convicted, the defendants face a possible maximum statutory sentence of 5 years in prison for the conspiracy count, 20 years in prison for each count of wire fraud, and 2 years consecutive in prison for each count of aggravated identity theft.
Mr. Ferrer commended the investigative efforts of IRS-CI, FBI, and USSS. Mr. Ferrer also thanked the U.S. Postal Inspection Service, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, Department of Labor, and the Social Security Administration for their help on this matter. The case is being prosecuted by Assistant U.S. Attorney Neil Karadbil.
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.
Dubuque County Sheriff's Office Receives $742,707 in Forfeiture ProceedsRead the Press Release
A total of $742,707 in federal forfeiture proceeds has been awarded to the Dubuque County Sheriff’s Office. The award was announced today at the Dubuque Law Enforcement Center by Acting United States Attorney for the Northern District of Iowa Sean R. Berry, United States Marshal for the Northern District of Iowa Kenneth Runde, and Dubuque County Sheriff Don Vrotsos.
The $742,707 represents proceeds of a forfeiture action pursued by the United States Attorney’s Office in connection with the investigation and prosecution of a scheme in 2006 and 2007 to steal and sell meat from interstate trucking shipments originating from East Dubuque, Illinois. Four Dubuque area residents were convicted and sentenced to federal prison for their roles in stealing and selling the meat.
As part of the scheme, truck drivers first drove the loads of meat from a storage facility in East Dubuque to a rural Dubuque farm owned by one of the truckers. There, participants in the scheme opened the semi-trailers and stole cases of meat. The stolen meat was usually stored temporarily in a separate refrigerated semi-trailer kept at the farm and then sold to area residents and businesses for one dollar per pound. Money derived from the scheme was used to make payments on the farm.
As part of a plea agreement with the United States, the convicted owners of the farm agreed to forfeit their interest in the property. The farm was subsequently sold and most of the proceeds of the sale were awarded to the Dubuque County Sheriff’s Office, pursuant to the federal asset forfeiture program, due to its role in investigating and prosecuting those involved in the scheme.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Dubuque County Sheriff’s Office.
Related court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are CR 09-1015; CR 10-1002; CR 10-1008; and CR 10-1011.
District Teenager Sentenced to Eight Years in Prison for Shooting Classmate at Coolidge High School -Defendant Opened Fire in Parking Lot as Classes Let Out-Read the Press Release
WASHINGTON – Brandon Smothers, 17, of Washington, D.C., was sentenced today to eight years of incarceration for shooting a classmate last year in the parking lot of Coolidge High School, U.S. Attorney Ronald C. Machen Jr. announced.
Smothers, who was charged as an adult, pled guilty in October 2012 in the Superior Court of the District of Columbia to one count of aggravated assault while armed. He was sentenced by the Honorable Patricia A. Broderick. Upon completion of his prison term, Smothers will be placed on five years of supervised release.
According to the government’s evidence, Smothers and the 18-year-old victim were involved in a verbal altercation inside their classroom on Sept. 19, 2012. Smothers was escorted out of the classroom and subsequently left the school premises. The victim was allowed to stay in the classroom after the altercation and even helped other students with their school work.
At about 3 p.m., as classes were ending for the day, Smothers confronted the victim in the parking lot of the school, which is in the 6300 block of 5th Street NW. At the time, the victim was walking to get on a school bus. Smothers and the victim exchanged words. Smothers then pulled a black .380 semiautomatic handgun from his waist area and pointed it at the victim’s chest area. The victim turned around and, as he ran away, Smothers fired the gun at him several times. Four shots hit the victim in the leg and lower body area.
Other students were in the parking lot at the time and on a bus in the parking lot. As the victim was running, he attempted to shield other students from the gunfire. The high school was placed on lockdown for the safety of students, teachers and staff.
Officers with the Metropolitan Police Department (MPD) saw Smothers fleeing the scene on foot and stopped him in the 100 block of Rittenhouse Street NW. They recovered the firearm from the path he had been taking, as well as shell casings from the school parking lot.
The victim was transported to Washington Hospital Center, where he required immediate surgery for his wounds. Smothers subsequently provided a statement to police in which he acknowledged shooting the victim.
“This case demonstrates how quickly a gun can escalate a classroom squabble into a life-threatening confrontation,” said U.S. Attorney Machen. “When parents send their kids off to school, they should never have to worry that their child could be caught in a hail of gunfire during the school day. Our decision to charge this shooter as an adult is a reflection of how seriously we take gun crimes in the District and how committed we are to keeping our schools free of gun violence.”
In announcing the sentence, U.S. Attorney Machen commended the efforts of the MPD, which investigated the case. He also acknowledged the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Debra Smith and Lynda Randolph and Victim/Witness Advocate Jennifer Clark. Finally, he praised the work of Assistant U.S. Attorneys Philip A. Selden and Vivien Cockburn, who prosecuted the case.
13-045District Man Sentenced to 70 Years in Prison for Murder of 13-Year-Old Daughter, Shooting of Two Others -Defendant Wounded Ex-Girlfriend and Another Child in the Attack-Read the Press Release
WASHINGTON - Robert Carter, 41, was sentenced today to 70 years in prison on charges stemming from the killing of his 13-year-old daughter and the wounding of his ex-girlfriend and a 10-year-old boy, U.S. Attorney Ronald C. Machen Jr. announced.
Carter, of Washington, D.C., pled guilty in October 2012 to one count of first-degree murder while armed and two counts of assault with intent to kill while armed. He was sentenced in the Superior Court of the District of Columbia by the Honorable Thomas J. Motley. Judge Motley sentenced Carter to 45 years in prison for the murder and 25 years for the other charges.
According to the government’s evidence, Carter and his then-girlfriend, Moria Morse, were estranged and he was no longer living with her and the family at the time of the murder. On Oct. 29, 2010, he was at their home in the 500 block of Madison Street NW, alone there for several hours. That afternoon, he went to a store and purchased a Halloween mask and a pair of work gloves. When he returned, he took his daughter, Angel Morse, 13, to the basement. He shot the teenager once in the head. The Halloween mask was later found on the floor, next to the girl, and the gloves were found elsewhere in the house, with her blood on them.
Within an hour, several family members and acquaintances began returning to the home. Carter held them against their will, including Moria Morse’s two sons, 6 and 10, and the defendant’s and Moria Morse’s 16-year-old daughter, who he forced to sit on a couch.
At one point, Carter told the 16-year-old that Angel was in the basement and that he had killed her. When his then-girlfriend returned home, Carter went to the front door, opened it, and pointed a gun at her. The 10-year-old boy jumped up from a couch and lunged at Carter, striking his arm as he began to fire the gun. Carter fired the gun several times, hitting his then-girlfriend once in the abdomen and the 10-year-old once in the leg.
After shooting the gun several more times, Carter stole a friend’s car and fled. He abandoned the vehicle in order to carjack a MetroAccess sedan, taking control of that car with an 84-year-old passenger inside. As Carter kept driving, the woman screamed, “You’re passing my house! This is my block? I’m sick and I’m crippled! Please get me to my house” She was eventually released unharmed. But Carter continued to flee, leading local police officers on a chase into Prince George’s County, where he crashed the MetroAccess car into a building in Capitol Heights. He has been in custody since his arrest after the crash.
“Robert Carter committed one violent act after another in a terrifying afternoon, killing his own 13-year-old daughter, shooting two other innocent victims, and then trying to make his escape by carjacking a MetroAccess car with an elderly passenger inside,” said U.S. Attorney Machen. “His complete lack of compassion was astounding and the community will be safer with this sentence that should put him in prison for the rest of his life.”
In announcing the sentence, U.S. Attorney Machen praised the work of the detectives, officers and crime scene technicians who investigated the case from the Metropolitan Police Department. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegals Phaylyn Hunt, Sandra Lane, and Alesha Matthews Yette, Victim Advocate Marcy Rinker, Witness Security Specialist Debra Cannon, Information Technology Specialist Leif Hickling, and Assistant U.S. Attorneys David J. Gorman and Erin O. Lyons, who prosecuted the case.
13-047District Man Sentenced to 38 Years in Prison for 2009 Murder and Separate Sex OffenseIn One Incident, Defendant Shot Man in A Parking Lot; In the Other, He Sexually Abused A 15-Year-Old GirlRead the Press Release
WASHINGTON – Luel Hayes, Jr., 43, was sentenced today to a total of 38 years of incarceration on charges stemming from a 2009 slaying in Northwest Washington and a sexual assault that took place about two months later, U.S. Attorney Ronald C. Machen Jr. announced.
Hayes, of Washington, D.C., was found guilty in November 2012, following a trial in the Superior Court of the District of Columbia, of second-degree murder while armed and related weapons offenses in the slaying of Rahiem Moore. He pled guilty in January 2013 to one count of first-degree child sexual abuse, stemming from an attack on a 15-year-old girl.
Hayes was sentenced by the Honorable Ronna L. Beck to a total of 27 years in prison in the murder case and an additional 11 years in the sexual abuse case, to be served consecutively. Following completion of his prison term, he is to be placed on five years of supervised release. In addition, after his release from prison, Hayes must register as a sex offender for 10 years.
According to the government’s evidence at the murder trial, Hayes shot and killed the victim, Rahiem Moore, 37, at about 9:35 p.m. on June 10, 2009. Before the murder, Hayes, who was angry with Mr. Moore over an earlier dispute, lay in wait by Mr. Moore’s parked car in a lot behind 1310 Columbia Road NW. Once Mr. Moore appeared, Hayes shot him five times in the dark parking lot. He left Mr. Moore to die face down, next to his car.
Although there were no eyewitnesses to the shooting, Hayes told several people about the murder of Mr. Moore, who also was known as “Spot.” They included the 15-year-old girl, who he sexually assaulted in August 2009 at an apartment in Northwest Washington. After that attack, Hayes pointed a silver revolver at the victim’s face from about three feet away and declared, “If you tell, you already know, I killed somebody named Spot.”
In announcing the sentences, U.S. Attorney Machen commended the work of the Metropolitan Police Department (MPD) detectives, officers, and mobile crime technicians who investigated the cases. He also expressed appreciation to the FBI forensic documents examiner who worked on the cases. In addition, he thanked those who worked on the two cases from the U.S. Attorney’s Office, including Paralegal Specialists Meridith McGarrity and Jason Manuel; Intelligence Analyst Sharon Johnson; Litigation Technology Specialists Jeanie Latimore-Brown and Leif Hickling, and Victim/Witness Advocates Marcey Rinker and Lezlie Richardson.
Finally, he acknowledged the work of Assistant U.S. Attorney Amy Zubrensky, who investigated and prosecuted the sexual assault case, and Assistant U.S. Attorney David Saybolt, who investigated and tried the murder case.
13-044District Man Sentenced to 21 Years in Prison for 2011 Murder in Northwest Washington - Shooting Followed Attempted Robbery -Read the Press Release
WASHINGTON - Anthony Speight, Jr., 24, of Washington, D.C., was sentenced today to a 21-year prison term for the January 2011 slaying of a man following a robbery attempt in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Speight pled guilty in September 2012 to a charge of second-degree murder while armed. He was sentenced by the Honorable Russell F. Canan in the Superior Court of the District of Columbia. Upon completion of his prison term, Speight will be placed on five years of supervised release.
According to the government’s evidence, on Jan. 19, 2011, shortly after 11 p.m., Speight was riding a bicycle at Florida Avenue and North Capitol Street NW. As Speight crossed the intersection, he approached a young woman and unsuccessfully propositioned her for sex. Turned away, Speight then continued across the intersection and approached William R. Mitchell, 33, who was walking home from a nearby Metro station.
While still on his bicycle, Speight demanded money from Mr. Mitchell. At some point during their exchange, the defendant lifted up his shirt, revealing a silver .357 revolver. The young woman, who was still nearby, intervened and told Speight that she would call the police if he did not leave Mr. Mitchell alone. She then pulled out her phone to call the police. Speight knocked the phone out of her hand and repeatedly ran over the phone with his bicycle.
Then, as the woman bent over to pick up her phone, Mr. Mitchell jumped on Speight’s back. Speight and Mr. Mitchell fell to the ground and struggled. During the struggle, Speight pulled out his revolver and shot Mr. Mitchell four times.
Speight is to stand trial in July 2013 in an unrelated case involving an armed carjacking that took place on the afternoon of Jan. 19, 2011 in Northeast Washington. He has pled not guilty to charges.
In announcing the sentence, U.S. Attorney Machen commended the efforts of the detectives and other personnel who investigated the case for the Metropolitan Police Department. He acknowledged the hard work and dedication of those who assisted with the investigation and prosecution at the U.S. Attorney’s Office, including Victim/Witness Advocate Marcia Rinker and Paralegal Specialist Debra Joyner. Finally, he thanked Assistant U.S. Attorneys Steven Snyder and Holly Shick, who investigated and prosecuted the case
13-046Davenport Man Sentenced to 20 Years in Prison for Conspiracy to Distribute Marijuana and CocaineRead the Press Release
DAVENPORT, IA – On February 8, 2013, Aaron Deshawn Watson, age 33, was sentenced to 240 months imprisonment for conspiracy to distribute 1,000 kilograms or more of marijuana and five kilograms or more of cocaine, announced United States Attorney Nicholas A. Klinefeldt. United States District Judge John A. Jarvey also sentenced Watson to ten years supervised release.
Beginning in approximately 2005 and continuing until 2010 Watson conspired with others to distribute large amounts of marijuana and cocaine. Watson often received and distributed hundreds of pounds of marijuana in connection with a co-defendant Gerardo Salinas, Jr. Salinas is set to be sentenced on April 5, 2013.
This case was investigated by the United States Drug Enforcement Administration and the Davenport, Iowa, Police Department, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
(Download Press Release )
Dallas Man Sentenced to 42 Months in Federal Prison in Copyright Infringement CaseRead the Press Release
Former Owner of “In Tha Game Records” Made and Sold DVDs Containing Copyrighted Movies
DALLAS — Victor Karl Shelby, 46, of Dallas, was sentenced by U.S. District Judge Barbara M. G. Lynn on Wednesday to 42 months in federal prison, following his guilty plea in July 2012 to one count of willful infringement of a copyright. Judge Lynn ordered Shelby to surrender to the Bureau of Prisons by March 12, 2013, to begin serving his sentence. The announcement was made today by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to documents filed in the case, Shelby owned and operated “In Tha Game Records,” which was located on East Illinois Avenue in Dallas, from sometime before September 2008 to November 2009. During that time, Shelby reproduced and sold DVDs containing copyrighted movie pictures. Shelby, or someone at his direction and with his authorization, used digital reproduction equipment located in the business to make copies of the copyrighted movies. Shelby sold each copyrighted movie for approximately $3.00.
As part of his plea, Shelby agreed to forfeit to the U.S. all the merchandise and property purchased and/or seized by law enforcement agents from his shop. That equipment included: two 11-slot DVD burner towers; 21 DVD burner drives; and approximately 2400 copyrighted DVDs.
The case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Paul Yanowitch.
Court Bars South Carolina Tax Return Preparers from Preparing Returns for OthersRead the Press Release
A federal district judge in Florence, S.C., permanently barred Rachel D. Watson, of Florence, and Susann Allen of Darlington, S.C., from preparing federal income tax returns for others, the Justice Department announced today. The injunctions bar Watson and Allen from preparing returns for others and require them to send copies of the injunction to any employers for whom they prepared returns since Jan. 1, 2008.
According to the government’s complaint in the case, Watson and Allen prepared federal income tax returns at a number of businesses in South Carolina including, most recently, Fludd’s Express Tax Service and Gold Valley Pawn. The complaint alleged that Watson and Allen prepared returns that unlawfully claimed the Earned Income Tax Credit by reporting fictitious Schedule C businesses or business income or fictitious dependents. The complaint also alleged that Watson and Allen fabricated or inflated deductions. The complaint alleged that these activities led to their clients filing returns which unlawfully understated income tax liabilities and overstated refunds. Watson and Allen consented to the entry of the injunctions.
In the past 10 years the Justice Department’s Tax Division has obtained injunctions against hundreds of tax-return preparers and tax-fraud promoters. Information about these cases is available on the Justice Department website.
Related Materials:
United States v. Susann Allen, et al.
Permanent Injunction By Stipulation and Consent (Watson) (PDF)
Permanent Injunction By Stipulation and Consent (Allen) (PDF)