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28 March 2013
District Man Convicted of First-Degree Murder While Armed and Other Charges in Christmas 2009 Attack-Gunshots Killed One Man, Wounded Two Others-Read the Press Release
WASHINGTON – Marlo Garcia, also known as “Lupita,” 24, was found guilty by a jury today of first-degree murder while armed and other charges in a shooting on Christmas Day 2009 that killed one man and wounded two others, U.S. Attorney Ronald C. Machen Jr. announced.
Garcia, of Washington, D.C., was found guilty of the charges following a trial in the Superior Court of the District of Columbia. In addition to the murder charge, the jury convicted him of three counts of assault with intent to kill while armed and related weapons offenses. The Honorable Ronna L. Beck scheduled sentencing for June 21, 2013.
According to the government’s evidence, on Dec. 25, 2009, Garcia was invited by his friend, Miguel Romero, to attend a Christmas party at about 4 a.m. at a rooming house in the 5400 block of Fourth Street NW. Garcia brought a .25-caliber handgun to the location, and while there, he went out in an alley to shoot it. When told to stop, he became agitated.
Garcia then went inside the residence and began dancing and groping his friend’s girlfriend. Mr. Romero’s cousin approached Garcia to calm him, and Garcia shot him in the head. He then shot the girlfriend in the head and shot Mr. Romero in the back, neck and head. Garcia then fired yet another shot but missed a fourth person at the apartment. Mr. Romero, 21, died immediately. The other two shooting victims still have bullets lodged in their brains.
After shooting the victims, Garcia fled the apartment. He was arrested two days later.
In announcing the verdict, U.S. Attorney Machen praised the work of the detectives, officers, and mobile crime scene officers from the Metropolitan Police Department (MPD) who investigated the case. He also acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Assistant U.S. Attorney Kate Rakoczy, Paralegal Specialist Kelly Blakeney, and Melissa Milam, Iris Vega, Marcy Rinker, Laverne Forrest, Michael Hailey, Katina Adams and David Foster, all of the Victim Witness Assistance Unit. Finally, he commended the work of Assistant U.S. Attorney Cynthia G. Wright, who prosecuted the case.
13-108Cullman Car Dealer Indicted for Violating Legal Protections for Active-Duty Service MembersRead the Press Release
BIRMINGHAM – A federal grand jury Wednesday indicted a Cullman used car dealer for violating federal protections for active-duty military service members by refusing to reduce the loan interest rate and repossessing the vehicle he sold to a man who was later deployed overseas with the Alabama National Guard, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.
A two-count indictment filed in U.S. District Court charges CARL RALPH NUSS, 75, with violating the Servicemembers Civil Relief Act. The act restricts or limits civil actions in the areas of financial management, including rental agreements, security deposits, evictions, installment contracts, credit card interest rates, mortgages, civil judicial proceedings and income tax payments, against service members called to active duty.
Nuss, owner of North Alabama Wholesale Autos in Cullman, sold a 2002 Ford Sport-Trac in February 2011 to the 22-year-old man. The dealership sold the vehicle for $9,746 and, after a $2,200 down payment, financed the balance at 25 percent interest per year, according to the indictment.
In May 2012, the Guardsman, a private first class, was called to active duty in Afghanistan. In July 2012, according to the indictment, Nuss received a letter from the Guardsman requesting that the dealership reduce the interest rate on his car loan from 25 percent to 6 percent, as required by the act. Nuss never reduced the interest rate and, two days after receiving the letter, hired two men to repossess the guardsman’s truck. The two men repossessed the vehicle without a court order, in violation of the Servicemembers Civil Relief Act, the indictment says.
The maximum penalty for each count is one year in prison and a $100,000 fine.
The public is reminded that an indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
Convenience Store Owner Charged with Food Stamp FraudRead the Press Release
PITTSBURGH - An owner of a local retail food store has been indicted by a federal grand jury in Pittsburgh on charges of wire fraud and food stamp fraud, United States Attorney David J. Hickton announced today.
Emile Bizimungu, owner and operator of Dollar Grocery, formerly located on Brownsville Road, Mt. Oliver Borough, was indicted on March 27, 2013, on six counts of wire fraud and 16 counts of food stamp fraud.
According to the indictment presented to the court, the defendant's retail store participated in the United States Department of Agriculture's Supplemental Nutrition Assistance Program, commonly known as the Food Stamp Program. Food stamp recipients could purchase eligible food items using food stamp benefit cards at the defendant's retail store. As a condition of participation in the Food Stamp Program, the defendant certified that he would comply with all rules and regulations of the program and was aware that program rules strictly prohibit the exchange of food stamp benefits for cash and/or ineligible items. Despite this knowledge, on multiple occasions, the defendant exchanged food stamp benefits for cash on a discounted basis, usually giving the customers only 50 cents on the dollar for their food stamp benefits. The defendant also permitted food stamp customers to purchase ineligible items with food stamp benefits and accepted food stamp benefits as payment on credit accounts and loans.
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Tonya Sulia Goodman is prosecuting these cases on behalf of the government.
The Office of the Inspector General for the United States Department of Agriculture and the Department of Homeland Security, Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Chicago Man Sentenced to Federal Prison for Iowa Crack ConspiracyRead the Press Release
A man who conspired to distribute crack cocaine was sentenced March 26, 2013, to more than 14 years in federal prison.
Christopher Ward-Malone, 23, from Chicago, Illinois, received the prison term after an October 29, 2012, guilty plea to conspiracy to distribute crack cocaine.
At the guilty plea, Ward-Malone admitted to conspiring to distribute more than 280 grams of crack cocaine from about 2010 through June 2012. Ward-Malone would obtain crack cocaine from sources in Sioux City, Iowa, and Omaha, Nebraska, and then distribute the crack cocaine to individuals in Sioux City, Iowa.
Ward-Malone was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Ward-Malone was sentenced to 170 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Ward-Malone is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4068.
Career Offender Sentenced to 10 Years in Federal Prison for Conspiracy and Possession with the Intent to Distribute OxycodoneRead the Press Release
PROVIDENCE, R.I. – Audi Pineda, 39, of Pawtucket, a career offender, was sentenced on Wednesday in U.S. District Court to 120 months in federal prison, having been convicted by federal court jury on October 18, 2012, of conspiracy to distribute and possess with the intent to distribute oxycodone, and possession with the intent to distribute oxycodone.
The sentence was announced by United States Attorney Peter F. Neronha; John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) New England Field Division; and, Pawtucket Police Chief Paul King.
During a two-day trial, the government presented evidence to a jury that on August 11, 2011, Pawtucket Police detectives and agents from the DEA Drug Task Force conducted court authorized searches in Pawtucket of a barber shop where Pineda was employed and of his residence.
At the barber shop, a total of 33 oxycodone pills and three cell phones were seized from Pineda and from his work station. A search of Pineda’s residence resulted in the discovery of a hidden compartment built into a basement wall which contained more than twelve grams of cocaine. In a separate location in a wall near a basement bathroom agents discovered a plastic bag containing $36,000 in U.S. currency.
The government also presented evidence to the jury of several cell phone text message conversations between Pineda and others on the cell phones seized which detailed drug dealing activities by Pineda.
The jury acquitted Pineda of one count of possession with the intent to distribute cocaine.
At sentencing, U.S. District Court Judge John J. McConnell ordered Pineda to serve three years of supervised release upon completion of his prison term.
The case was prosecuted by Assistant U.S. Attorney Milind M. Shah.
Contact: 401-709-5357
[email protected]Canton, Texas Police Officer Arrested for Drug ViolationsRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A 32-year-old Canton, Texas Police Officer has been arrested for federal drug violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
James Melvin Bradshaw was indicted by a federal grand jury on Mar. 27, 2013 and charged with six counts of acquiring a controlled substance by misrepresentation. Bradshaw was arrested this morning and went before U.S. Magistrate Judge Judith Guthrie this afternoon for an initial appearance.
According to the indictment, on six separate occasions from January to November 2012, Bradshaw is alleged to have used his position as a police officer to obtain hydrocodone by fraud, deception or misrepresentation. Bradshaw is alleged to have acquired the hydrocodone from individuals who had legitimate prescriptions to possess the substance.
If convicted, Bradshaw faces up to four years in federal prison on each charge.
This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Alan Jackson.
A grand jury indictment is not evidence of guilt and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Braintree Man Pleads Guilty to Using Stolen Credit CardsRead the Press Release
BOSTON – A Braintree man was convicted today of stealing credit cards from a mail-sorting facility and using them to commit fraud.
Gerald K. Acholonu, 32, pleaded guilty before United States District Judge Richard G. Stearns to credit card fraud and theft of mail. Sentencing is scheduled for June 25, 2013. Acholonu faces between 48 and 57 months in prison, followed by three years of supervised release, restitution, forfeiture, and a fine.
From August 2010 through May 2011, Acholonu worked for a contractor that sorted mail for the U.S. Postal System. In late April 2011, Acholonu was spotted leaving his employer’s restroom with a tray of U.S. mail. Investigators then searched the trash from his residence and found 11 stolen Discover credit cards and evidence that Acholonu was using or planning to use the Discover customers’ identities by setting up telephone accounts in their names. In his plea agreement, the parties agreed that all told, there were more than 250 victims and the loss totaled between $400,000 and $1 million.
United States Attorney Carmen M. Ortiz; Kevin Niland, Postal Inspector in Charge of the U.S. Postal Inspection Service; and Rafael Medina, Special Agent in Charge of the U.S. Postal Service, Office of Inspector General, Boston Field Office, made the announcement today. The case is being prosecuted Scott L. Garland and Eric Christofferson, respectively of Ortiz's Cybercrimes and Economic Crimes Units.
Baytown Man Sent to Federal Prison for Massive Ponzi SchemeRead the Press Release
HOUSTON – Richard M. Plato, 65, of Baytown, has been ordered to federal prison for nearly 20 years following his convictions on several counts in relation to a mail and securities fraud conspiracy, United States Attorney Kenneth Magidson announced today. A federal jury convicted Plato on Sept. 24, 2012, after approximately four hours of deliberation and 10 days of trial.
Plato was subsequently convicted on one count of and five counts of mail fraud. Today, U.S. District Judge David Hittner, who presided over the trial, handed Plato the 235-month sentence. At the hearing today, the government detailed some of Plato’s previous offenses that have occurred over the past 24 years, and stated he stole money from investors in this case and spent it on “wine, women and song.”
In handing down the sentence, Judge Hittner noted that Plato had already committed three massive, multi-million dollar frauds before the one with which he was sentenced today. He read from some of the victims’ statements detailing the consequences Plato’s actions have had on them. One noted that senior citizens like him had used their savings to try to provide some comfort, but now have to modify their standard of living, while Plato continued to live his opulent lifestyle. Another stated that he had hoped to provide for his grandson’s education, but now that money is gone. He added that while this may have been short-term for Plato, the impact on his family and other victims carries life-long consequences.
Judge Hittner ordered Plato to pay restitution in the amount of $3,051,000.74. He will also be on supervised release for three years following completion of his prison term.
Plato owned and controlled Momentum Production Corporation in Baytown.
The Texas State Securities Board (TSSB) began investigating Plato in the fall of 2008 following several complaints by investors with Momentum. Investors from several states reported purchasing securities from Momentum, only to have Momentum default on the notes. The TSSB referred the matter to the United States Postal Inspection Service (USPIS) in 2010.
Evidence at trial indicated Plato had been convicted of fraud on three other occasions, once each in Texas, Florida and Louisiana. At the time the securities were sold, Plato was on supervised release and owed almost $30 million in restitution.Following his release from federal prison in 2002, Plato began acquiring various oil and gas interests in South Texas. Sometime thereafter, Plato formed Momentum and began directly and indirectly soliciting vulnerable persons throughout the United States to purchase promissory notes. Several of those investors testified at trial and described how they were assured of the investment’s safety, promised a high rate of return and told that the notes were secured by the oil and gas interests in South Texas. Although the notes were advertised as securities, they were never registered with any federal or state agency. Between June 2005 and December 2006, Plato sold more than $6 million worth of notes.
During the sale of these funds, Plato made various material misrepresentations and omissions, failing to disclose his criminal convictions and outstanding restitution obligations. In fact, Plato told investors the oil and gas collateral was owned “free and clear” of any claims, liens or other encumbrances and that, in the event of default in a particular fund, Momentum would substitute collateral from other funds to ensure payment. This was never done.Agents testified that Plato made periodic payments on the notes to keep his investors satisfied, using the money of other investors and the operating income from the various oil and gas interests. In 2006, however, those interests evidently stopped generating their projected income. At the same time, Plato and his associates were spending millions of dollars that should have been paid to investors. Momentum soon began defaulting on the notes.
The money trail shows that, in total, Plato received approximately $6.2 million from investors. Of this amount, approximately $2 million was diverted to Plato’s benefit.Plato will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was investigated by the U.S. Postal Inspection Service with the invaluable assistance of the Texas State Securities Board. Assistant United States Attorney (AUSA) Sharad Khandelwal and Former AUSA F. Andino Reynal prosecuted the case.
Bank Vice President Sentenced to 18 Months in Prison for Embezzling over $600,000Read the Press Release
Obtained 20 Fraudulent Loans by Forging Signatures of Bank Officials and Concealed the Loans by Manipulating Bank RecordsBaltimore, Maryland - U.S. District Judge Ellen L. Hollander sentenced Wanda Henderson, age 56, of Westover, Maryland, today to 18 months in prison, followed by five years of supervised release, for embezzlement by a bank employee. Judge Hollander also ordered Henderson to pay restitution of $456,665.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
According to Henderson’s plea agreement, she was the Vice-President and Executive Assistant to the President of Hebron Savings Bank and had access to the Bank’s vault, the computer system and the Bank’s loan files.
Beginning in approximately 2005, and continuing until April, 2011, Henderson embezzled money from the bank by creating fraudulent loan applications and fraudulent loan and line of credit accounts at the bank in her name and in the names of family members. Henderson forged the signatures of various bank officials, including the President, as the approving loan officer on the applications. Henderson also forged the initials of other bank employees on paperwork that authorized the transfer of the loan proceeds into Henderson’s personal checking account or the checking account of a family member.
Henderson concealed the fraudulent loans from bank officials by manipulating and changing data in the bank records. In particular, Henderson altered the origination dates for the fraudulent loans so that they did not appear on the monthly New Loan Reports and removed the fraudulent loans from the bank’s quarterly Large Borrowers’ Reports.
As the loans became due, Henderson obtained new fraudulent loans by again creating accounts in the bank computer system and forging approval signatures of other bank officials. By using the proceeds from the new loans to pay off the previous loans, Henderson was able to continue the scheme until April 2011.
Henderson obtained 20 fraudulent loans for herself or for members of her family by forging signatures and manipulating bank records. The total unpaid principal balance on the fraudulent loans is $682,236.77 and of that amount, over $456,000 has gone into default.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein thanked the FBI for its work in the investigation. Mr. Rosenstein praised Assistant U.S. Attorney Kathleen O. Gavin, who prosecuted the case.
Alleged Bank Robber ChargedRead the Press Release
Jayme Dinan, 29, of Philadelphia, Pennsylvania was charged today by Indictment with two counts of bank robbery, announced United States Attorney Zane David Memeger.
In criminal cases If convicted the defendant faces a maximum possible sentence of 40 years imprisonment, a $500,000 fine, a three year period of supervised release, and a $200 special assessment.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Joseph A. LaBar.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525
27 March 2013
Wyoming Man Indicted for Violent AssaultRead the Press Release
United States Attorney Christopher A. Crofts announced today that Bryson Brown of the Wind River Indian Reservation appeared in Federal Court after having been indicted in a four (4) count Indictment charging him with one count of Assault with a Dangerous Weapon with Intent to do Bodily Harm, one count of Assault Resulting in Serious Bodily Injury and two counts of using and carrying a firearm during and in relation to a crime of violence, in connection with a domestic violence incident. The charges carry a maximum penalty of ten years to life imprisonment and a fine of not more than $1,000,000.00. An indictment is only an accusation. In every criminal case, the accused is presumed to be innocent until proven guilty, and the government always has the burden of proving guilt at trial beyond a reasonable doubt.
Woman Charged with Theft of Government PropertyRead the Press Release
A grand jury returned a five-count indictment charging Danette M. Stevenson, 37, with two counts of theft of government property and three counts of making false statements, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that Stevenson stole and converted to her own use, approximately $38,130.63 in Social Security payments made to her that she was not entitled to receive.
The indictment further alleges that Stevenson stole and converted to her own use approximately $14,156.00 in Housing Choice Voucher Program (commonly referred to as Section 8) benefits that she was not entitled to receive.
The indictment further alleges that Stevenson made false statements in connection with applications for Social Security and Housing benefits.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Phillip J. Tripi and Trial Attorney Richard T. Hamilton, Jr., following investigation by agents of the Social Security Administration, Office of Inspector General and the United States Department of Housing and Urban Development, Office of Inspector General.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Two Iowa Men Plead Guilty to Robbery Conspiracy and Gun ChargesRead the Press Release
Two Iowa men who conspired to rob a South Sioux City, Nebraska, business pled guilty March 26, 2013, in federal court in Sioux City.
Terrence Miles, age 20, from Sioux City, Iowa, and Austin Peters aka Austin Stadler, age 19, from Nemaha, Iowa, were each convicted of one count of conspiracy to commit robbery, one count of possessing a short-barreled rifle, and one count of possessing a firearm in furtherance of a crime of violence.
Information presented by the United States at the plea hearing revealed that on or about June 19, 2012, Miles and Peters and others met to plan the robbery of Seoul Foods, in South Sioux City, Nebraska. Miles, Peters and others acquired firearms and other weapons in furtherance of the robbery in Sioiux City, Iowa. One of these firearms was a weapon made from a rifle with a modified overall length of less than 26 inches. They traveled with the firearms and other weapons from Sioux City, Iowa, to South Sioux City, Nebraska. Miles and Peters entered, surveilled and left Seoul Foods. Miles and others entered an additional time, to rob the store, with Peters serving as lookout and getaway driver during the robbery.
Miles and others removed money and property from Seoul Foods, and then traveled to Sioux City, Iowa, after the robbery, and divided the stolen goods and money in Sioux City.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Miles and Peters remain in custody of the United States Marshal pending sentencing. On the conspiracy to commit robbery charge, Miles and Peters each face a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment. On the possession of a short-barreled rifle charge, Miles and Peters each face 10 years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment. On the charge of possession of a firearm in furtherance of a crime of violence, Miles and Peters each face a mandatory minimum sentence of 10 years up to life imprisonment without the possibility of parole, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment which must be served consecutive to any other sentence.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4083.
This case was investigated by officers of the Sioux City, Iowa, Police Department and the South Sioux City, Nebraska Police Department. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Two Indicted on Charges Related to the Manufacture and Transfer of Fraudulent Identification DocumentsRead the Press Release
Baltimore, Maryland - A federal grand jury has indicted Antonio Abraham Cruz-Cruz, age 26, a Mexican citizen residing in Adelphi, Maryland; and Henry Ramos Agustin, age 37, a Guatemalan citizen residing in Cambridge, Maryland, on charges relating to the sale and transfer of fraudulent identification documents. The superseding indictment was returned on March 20, 2013, and unsealed today upon the arrest of the defendants. In addition to making the arrests, Special Agents of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations executed six search warrants were today at locations connected to the defendants.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
“Document fraud poses a threat to national security and puts the security of our communities at risk because it creates a vulnerability that may enable terrorists, criminals and illegal aliens to gain entry to and remain in the United States,” said HSI Baltimore Special Agent in Charge William Winter. “This investigation resulted in the arrest and indictment of an alleged document mill leader and co-conspirator operating out of Maryland. Homeland Security Investigations will move aggressively to investigate and bring to justice those who potentially compromise the integrity of America's legal immigration system.”
The 13-count indictment alleges that from October 17, 2012 through February 19, 2013, Cruz-Cruz and Agustin conspired to manufacture and transfer fraudulent identification documents. According to the indictment, Cruz-Cruz manufactured documents, including permanent resident cards and social security cards, which he sold to customers, and which he provided to Agustin for sale to customers. The indictment alleges that the defendants solicited and took orders for false identification documents from customers who provided the defendants with photographs and personal information. Agustin allegedly provided the photographs and personal information to Cruz-Cruz, who manufactured the requested fake documents, which he then delivered to Agustin in exchange for a portion of the sales price. The indictment alleges that Cruz-Cruz sold such manufactured fake documents to his own customers as well.
The defendants face a maximum sentence of 15 years in prison for the conspiracy and for each count of transfer of false identification documents; 10 years in prison for each count of fraud and misuse of immigration documents; five years in prison for each count of social security number fraud; and a mandatory two years in prison, consecutive to any other sentence, for aggravated identity theft. An initial appearance and arraignment was held today in U.S. District Court in Baltimore. Cruz-Cruz and Agustin are detained pending trial.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein praised HSI Baltimore and HSI Resident Agent in Charge Ocean City for their work in the investigation and thanked the Anne Arundel County Police Department and Baltimore County Police Department for their assistance in executing today’s search warrants. Mr. Rosenstein thanked Assistant United States Attorney Tamera L. Fine, who is prosecuting the case.
Twin Buttes Man Sentenced for Possession of Firearm & Ammunition by Convicted FelonRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on March 27, 2013, Justin Linder, 25, Twin Buttes, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of firearm and ammunition by a convicted felon. Linder pleaded guilty to the charge on Nov. 15, 2012.
Judge Hovland sentenced Linder to serve three years and two months in federal prison, to be followed by three years of supervised release. Linder was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On Dec. 31, 2011, Linder was stopped for a traffic offense by an officer with the Dickinson Police Department. After Linder was unable to show proof of insurance, during a pat down, the officer found a gun magazine in Linder’s pocket. At that point, Linder resisted the officer, was able to get back in the car and drive away. After a high speed chase, Linder was able to elude law enforcement. Linder was apprehended later that day. The car was also located later that day, stuck in a ditch.
During the initial stop, Linder’s mother was in the car. She got out before he fled and gave a statement to the police that Linder had a 9mm handgun and gun magazines in the car. On Jan. 3, 2012, law enforcement was able to locate a 9mm handgun in an area between where Linder’s car was last seen and later located. The gun had a magazine and round chambered.Linder was prohibited from possessing either a firearm or ammunition by virtue of his previous felony convictions for possession of a firearm with an obliterated serial number, in federal court in 2007, and burglary, in Cass County District Court, in 2008.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Dickinson Police Department and the Stark County Sheriff’s Office.
Assistant U.S. Attorney David Hagler prosecuted the case.
Trio Charged in Cocaine ConspiracyRead the Press Release
Kenny Martinez, 25, Richard Thomas Moore, 28, both of Philadelphia, and Fernando Martinez, 33, of Ponce, Puerto Rico, are charged in a one-count indictment, filed today, with conspiracy to distribute 500 grams or more of cocaine, announced United States Attorney Zane David Memeger. The indictment alleges that between March 5, 2013 and March 7, 2013, the defendants orchestrated the delivery, by express mail, of approximately one kilogram of cocaine. The package was sent from Ponce, Puerto Rico to Moore’s Philadelphia address where Fernando Martinez allegedly accepted it. It is further alleged that Moore then delivered the package to 4625 Boudinot Street. The mail parcel was interdicted from the mail by United States Postal Inspectors on March 6, 2013, in Philadelphia, Pennsylvania.
If convicted, Fernando Martinez and Richard Thomas Moore each face a maximum penalty of 40 years imprisonment, a mandatory minimum term of 5 years imprisonment, at least 4 years supervised release, and a fine of $5,000,000. Kenny Martinez faces a maximum penalty of life imprisonment, a mandatory minimum term of 10 years imprisonment, at least 8 years supervised release, and a fine of $10,000,000.
The case was investigated by the United States Postal Inspection Service, and is being prosecuted by Assistant United States Attorney Joseph T. Labrum, III.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Trial Date Set for Carbon Cliff Man Charged with Sexual Exploitation of A MinorRead the Press Release
Rock Island, Ill. — Daniel William Becker, Jr., 21, of Carbon Cliff, Ill., appeared in federal court today for arraignment on an indictment charging him with a single count of sexual exploitation of a minor on or about Sept. 13, 2012. The indictment, returned by the grand jury on Mar. 20, 2013, also seeks the criminal forfeiture of Becker’s computer, cell phone, and his residence in Carbon Cliff, alleging that said items were used in the commission of the alleged offense. Becker entered a plea of not guilty and the case was set for jury trial on May 20, 2013.
Becker was previously arrested and charged with the same offense in a criminal complaint on Mar. 4, 2013. At a hearing on Mar. 6, U.S. District Court Judge Sara Darrow ordered that Becker be detained in the custody of the U.S. Marshals Service pending trial.
The affidavit filed in support of the complaint alleges that Becker blackmailed minor females via online social networking websites into sending him photographs and videos of the girls engaged in sexually explicit acts. According to the affidavit, Becker threatened the girls by informing them that he would publicly post compromising photographs of the girls online unless the girls produced and sent additional photographs to him.
If convicted, the statutory penalty for sexual exploitation of a minor in the production of child pornography is not less than 15 years in prison and up to 30 years in prison. The offense also carries a term of supervised release of up to life following any term of imprisonment.
The charge is the result of an investigation by the U.S. Secret Service’s Quad Cities Cyber-Crime Unit and the Moline Police Department. Assistant U.S. Attorney Kirk W. Schuler is prosecuting the case.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Three Plead Guilty to False Tax Refund SchemeRead the Press Release
MINNEAPOLIS— As Tax Day approaches, the United States Attorney’s Office reminds people be cautious of suspicious tax preparers. Earlier today in federal court, a Minnesota woman pleaded guilty to being part of a conspiracy to filing false tax returns to generate inflated refunds. Tameca Stokes specifically pleaded guilty to one count of conspiracy to defraud the United States. Stokes, who was indicted along with two co-defendants on January 15, 2013, entered her plea before U.S. District Court Judge Joan N. Ericksen.
Yesterday, co-defendant Soloman Frank-Sawari also pleaded guilty to one count of conspiracy, and on March 19, 2013, co-defendant Chasma Dixon did the same. The trio admittedly obstructed the Internal Revenue Service (“IRS”) and the State of Minnesota in their lawful collection of income taxes by falsifying hundreds of tax returns. All three admitted that the tax loss due to the conspiracy was between $80,000 and $200,000.
In their plea agreements, the three defendants admitted that from 2007 through 2010, they conspired with each other and others to prepare fraudulent tax returns for customers of Frank-Sawari’s tax preparation services, Merit Tax Service of Robbinsdale and Capitol Income Tax of Minneapolis. The returns generated inflated refunds for their customers and fees and other payments for themselves and others. The co-defendants admitted that on the returns, they provided false income and dependent information, among other things. They also instructed their customers to sign false income declarations and other paperwork to substantiate the fraudulent returns.
According to the IRS, approximately 60 percent of taxpayers use tax professionals to prepare and file their tax returns, with these paid preparers now collectively responsible for more than 80 million individual tax returns annually. “Tax return preparer fraud” is one of the IRS’s “Dirty Dozen Tax Scams.” For more information about the fight against tax fraud or how to choose a reliable tax return preparer, visit http://www.irs.gov/uac/Tips-for-Choosing-a-Tax-Return-Preparer.
For their crimes, the defendants in this case each face a potential maximum penalty of five years in federal prison. Judge Ericksen will determine their sentences at a future hearing, yet to be scheduled. This case was investigated by the IRS-Criminal Investigations. It was prosecuted by Assistant U.S. Attorney William J. Otteson.
Per U.S. Department of Justice policy, the U.S. Attorney’s Office is not allowed to provide the age and city of residence for defendants charged in criminal tax cases.Three North Carolina Residents Indicted for Access-Device Fraud, Identity TheftRead the Press Release
BIRMINGHAM – A federal grand jury today indicted three North Carolina residents for access-device fraud and aggravated identity theft, U.S. Attorney Joyce White Vance and U.S. Secret Service Acting Special Agent in Charge Jeff Anderson announced.
An indictment filed in U.S. District Court charges RENEE CHARLENE POINTER, 40, TERRENCE DONNELL WOOTEN, 44, and TERRANCE LAVON CAMPBELL, 38, with possessing more than 350 counterfeit debit and credit cards and with aggravated identity theft.
“This case represents a disturbing trend of people from other states coming to the Northern District of Alabama to carry out identity-fraud crimes. Thanks to the diligent effort and cooperation of federal and local law enforcement, we were able to stop this group,” Vance said.
All three defendants face 10 years in custody if convicted of the access-device charge and a mandatory two-year prison term if convicted of aggravated identity theft. Each charge also carries a potential fine of $250,000.
The U.S. Secret Service and the Oxford Police Department investigated the case, with assistance from the Calhoun County District Attorney’s Office. Assistant U.S. Attorney Melissa K. Atwood is prosecuting the case.
Members of the public are reminded that the indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
Three Indicted Related to Misuse of Visa PermitsRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that a grand jury returned a four-count indictment charging Hamadoun Bacoco Samassekou, age 29, of Parma, Ohio, with three counts of Fraud and Misuse of Visa Permits, Melissa A. Davis, age 23, of Cleveland, Ohio, with two counts of Fraud and Misuse of Visa Permits, and Chella A. Davis, age 21, of Cleveland, Ohio, with one-count of False Statements to federal officers.
The indictment alleges that Hamadoun Bacoco Samassekou, and Melissa A. Davis, knowingly made false statements with respect to an I-130 Petition for Relative Alien by falsely impersonating and representing that Melissa Davis was Samassekeo’s wife.
The indictment further alleges that Samassekou and Melissa A. Davis knowingly made false statements under oath with respect to an interview regarding Samassekou’s immigration status, by falsely personating and representing that she was the wife of Samassekou.
The indictment further alleges that Samassekou made false statements or representations regarding his I-485 Application by answering “No” to a question about whether he knowingly committed any crime of moral turpitude or drug offense.
The indictment further alleges that Chella A. Davis, knowingly made a material false statement to immigration officers by stating that she was never married to Samassekou when in truth and fact she was.
If convicted, the defendants’ sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.The case is being prosecuted by Assistant U.S. Attorney Phillip J. Tripi, and Trial Attorney Richard T. Hamilton, Jr., following investigation by agents of the Immigration and Customs Enforcement, Homeland Security Investigations.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Three Area Men Charged with Federal CrimesRead the Press Release
PITTSBURGH - Three Pittsburgh-area residents were indicted by a federal grand jury in Pittsburgh on March 26, 2013, on charges of violating federal drug and firearm laws, United States Attorney David J. Hickton announced today.
The seven-count superseding indictment named Richard Bush, 49, of Pittsburgh, Pa.; Willis Wheeler, 41, of Rankin, Pa.; and Mayank Mishra, 32, of Glenshaw, Pa., as defendants.
According to the superseding indictment presented to the court, from August of 2011 to March of 2012, in the Western District of Pennsylvania and elsewhere, Bush, Mishra and Wheeler conspired with one another and with others to distribute one kilogram or more of heroin. Also, on March 14, 2012, Bush and Wheeler possessed with the intent to distribute 100 grams or more of heroin. Bush also possessed firearms in furtherance of these offenses, as well as an unregistered firearm. Both Bush and Wheeler have previous felony convictions, and Federal law prohibits anyone who has been convicted of a crime punishable by more than one year from possessing a firearm. The superseding indictment alleges that both Bush and Wheeler possessed firearms after having been convicted of felony offenses.
The law provides for a maximum total sentence of not less that 10 years and up to life in prison, for all three defendants. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Greater Pittsburgh Safe Streets Task Force consisting of Pittsburgh Bureau of Police, Allegheny County Sheriff's Office, Wilkinsburg Police Department, Allegheny County Police Dept., Oakdale Police Dept, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the Federal Bureau of Investigation conducted the investigation leading to the superseding indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Sioux City Man Pleads Guilty to Armed Bank RobberyRead the Press Release
A man who robbed a bank in Sioux City, Iowa pled guilty March 27, 2013, in federal court in Sioux City.
Johnnie Hawkins, age 27, from Sioux City, Iowa, was convicted of one count of bank robbery.
Information presented by the United States at the plea hearing revealed that on November 10, 2012, Hawkins, who had previously been convicted of Burglary in 2004, robbed the Heritage Bank at 4530 Singing Hills Blvd in Sioux City, Iowa, of $5,954.00. While committing the robbery, Hawkins brandished a loaded .40 caliber semi-automatic handgun, and threatened and physically restrained a bank teller. It was also determined the handgun was stolen.
In addition, throughout the fall of 2012, Johnnie Hawkins trafficked and distributed illegal drugs in and around Sioux City, Iowa.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Hawkins remains in custody of the United States Marshal pending sentencing. Hawkins faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4116.
This case was investigated by officers of the Sioux City, Iowa, Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Sex Offender Sentenced to 21 Months in Federal PrisonRead the Press Release
CONCORD, NH – James Nelson Lund, 37, of Tilton & Berlin, NH, and formerly of Vassalboro, ME, was sentenced in United States District Court for the District of New Hampshire to 21 months in prison followed by 10 years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA), announced United States Attorney John P. Kacavas.
On February 7, 2001 Lund pled guilty in Maine State Court to one count of sexual abuse of a minor, As a result of which he is a sex offender under SORNA and required to register in any state to which he moves.
On May 30, 2012 law enforcement received information that Lund might be living at 9 School St., Apartment #1 in Tilton, NH as an unregistered sex offender. When officers from the Tilton Police Department went to that apartment his wife advised that he was not at home. Later that evening, a Tilton police officer saw Lund driving a pick-up truck packed with personal belongings and arrested him. At the time of his arrest, Lund advised that he preferred to live a “transient lifestyle” and that he and his wife planned to move to the Midwest.
After serving his 21 month prison sentence, Lund will be required to register as a sex offender for life. The case was investigated by the United States Marshals Service and the Tilton, NH Police Department and was prosecuted by Assistant U.S. Attorney Arnold H. Huftalen.
Santa Fe Man Sentenced to Federal Prison for Armed Robbery of K-Mart Store in Santa FeRead the Press Release
ALBUQUERQUE – Anthony Gutierrez, 43, of Santa Fe, N.M., was sentenced this morning to 96 months in prison to be followed by three years of supervised release for a firearms conviction arising out of an armed robbery of a K-Mart Store in Santa Fe.
Anthony Gutierrez and his brother, Angelo Gutierrez, 22, were indicted in Jan. 2012, and charged with (1) conspiracy to violate the Hobbs Act by interfering with a business engaged in interstate commerce by robbery, (2) committing a Hobbs Act robbery, and (3) using and carrying a firearm in relation to a crime of violence. These three charges arose out of the Oct. 21, 2011 armed robbery of the K-Mart Store located at 1712 Saint Michaels Drive in Santa Fe. The indictment also charged Anthony Gutierrez, who previously had been convicted of residential burglary and larceny, with being a felon in possession of a firearm.
Anthony Gutierrez was arrested on Feb. 15, 2012, after being transferred from state custody to federal custody. He has been in federal custody since that time. On Nov. 21, 2012, Gutierrez pled guilty to using and carrying a firearm in relation to a crime of violence and to being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office. In entering his guilty plea, Gutierrez admitted entering the K-Mart Store on Oct. 21, 2011, with the intention of robbing the store of DVDs. While Gutierrez was attempting to steal the DVDs, K-Mart’s loss prevention officers attempted to apprehend him and he fought against the officers. During the fight, Gutierrez pointed a firearm at the officers causing the officers to release him and he fled from the scene with the firearm and the DVDs. Gutierrez admitted that he had a prior felony conviction at the time of these events.
Angelo Gutierrez was arrested on Feb. 8, 2012, after being transferred from state custody to federal custody. On Dec. 3, 2012, Angelo Gutierrez entered a guilty plea to the three counts of the indictment against him (the conspiracy count, the Hobbs Act robbery, and the firearms charge) without the benefit of a plea agreement. Angelo Gutierrez remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Santa Fe Police Department, with assistance from the K-Mart Store loss prevention officers. It was prosecuted by Assistant U.S. Attorneys Jon K. Stanford and Holland S. Kastrin.
Rosebud Man Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Jess Raymond Young, age 36, of Rosebud, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on March 21, 2013 and pled guilty to Assault on a Federal Officer. The maximum penalty upon conviction is 20 years' imprisonment and/or a $250,000 fine.
On November 21, 2012, while in custody at the Oglala Sioux Tribal Jail in Pine Ridge, Young shoved a correctional officer against the wall and bit her multiple times. The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rochester Schools Employee Charged in Jamaican Lottery ScamRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Rickey Miller, Sr., 54, of Rochester, N.Y., was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum prison sentence of 20 years.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that from 2011 to March 14, 2013, Miller, who works as a custodian for the Rochester City School District, participated in what is known as a Jamaican lottery scam. According to the complaint, elderly victims were contacted by Jamaican citizens and told that they had won a lottery and other prizes. The victims were then told that in order to receive their prizes, they must first send money to pay for delivery fees and taxes. The elderly victims were instructed to send the money to the defendant in Rochester. Miller would receive the money, keep a portion, and then wire the remaining funds to the individuals in Jamaica with whom he was conspiring.
For example, an 85 year-old woman from Glenolden, Pennsylvania was told that she had won $800,000 and a new Mercedes Benz. The victim was instructed to send a $2,500 check, as a delivery fee, to Miller before receiving her prizes. The woman sent the check to the defendant by USPS Express Mail. The woman was instructed on several other occasions to send additional money to Miller which she did. After sending several thousands of dollars, the victim did not receive the prizes as promised.
According to the complaint, victims lost more than $300,000 as a result of the defendant's fraudulent conduct. Jamaican lottery scams over the years have resulted in elderly United States citizens losing hundreds of millions of dollars.
The criminal complaint is the culmination of an investigation on the part of the United States Postal Inspection Service, Boston Division, under the direction of Inspector in Charge Kevin Niland, and the City of Rochester's Office of Public Integrity, under the direction of Director George Markert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Robert Listenbee Jr. Assumes Leadership <br /> of the Office of Juvenile Justice and Delinquency PreventionRead the Press Release
Acting Assistant Attorney General for the Office of Justice Programs Mary Lou Leary announced that Robert L. Listenbee Jr. has assumed the role as administrator of the Office of Juvenile Justice and Delinquency Prevention (OJJDP). A highly respected public defender and juvenile justice system reformer, Listenbee began as OJJDP administrator Monday. Melodee Hanes, who has served as acting administrator since January 2012, will become OJJDP’s principal deputy administrator.
“It is a pleasure to welcome Bob Listenbee as OJJDP’s new Administrator. Bob has been a champion for juvenile justice issues for many years, and did a tremendous job as co-chair of my task force on Children Exposed to Violence,” said Attorney General Eric Holder. “I’m also deeply grateful to Melodee for her leadership and renewed focus on ensuring that children are treated fairly by the juvenile justice system. I look forward to continuing to work with both of these dedicated public servants as we carry on these critical efforts.”
“Bob Listenbee will bring tremendous leadership and experience to the Office of Juvenile Justice and Delinquency Prevention in efforts to support positive youth development and keep our children safe from violence,” said Acting Assistant Attorney General for the Office of Justice Programs Mary Lou Leary. “In her time as acting administrator, Melodee Hanes successfully championed initiatives to reduce both children’s exposure to violence and the high volume of students entering the juvenile justice system following school suspensions. I thank them both and look forward to our work on these important issues together.”
Before joining OJJDP as administrator, Listenbee co-chaired Attorney General Eric Holder’s National Task Force on Children Exposed to Violenceand served as a member of OJJDP’s Federal Advisory Committee on Juvenile Justice, which advises the President, Congress, and the OJJDP Administrator on juvenile justice policy. Previously, Listenbee served as a trial lawyer at the Defender Association of Philadelphia, and served as chief of its Juvenile Unit. He received his B.A. from Harvard University and his J.D. from the Boalt Hall School of Law at the University of California, Berkeley.
OJJDP provides national leadership and resources to communities across the country to address juvenile delinquency and victimization. For more information on OJJDP’s efforts, please visit: www.ojjdp.gov.
The Office of Justice Programs (OJP) which provides federal leadership in developing the nation’s ability to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). For more information, please visit: www.ojp.gov.
Rapid City Man Indicted for Failure to RegisterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man was indicted by a federal grand jury for failing to update his sexual offender registration as required.
Wilbur Toledo Flute, 40, was indicted on March 19, 2013 for Failure to Register. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine.
The charge is merely an accusation and Flute is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Flute was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Providence Felon Pleads Guilty to Drug, Firearm ChargesRead the Press Release
PROVIDENCE, R.I. – A Providence man who pleaded guilty in U.S. District Court in Providence today to drug and firearm charges could face up to life in federal prison when he is sentenced on June 18, 2013. Henry Lee, 30, was arrested by Providence Police on November 3, 2011, after they discovered crack cocaine and a loaded firearm stashed among children’s toys in Lee’s Providence apartment. A bullet proof vest was also seized from a kitchen closet.
Appearing before U.S. District Court Judge John J. McConnell, Jr, Lee pleaded guilty to one count each of possession with the intent to distribute cocaine base, being a felon in possession of a firearm, and being a felon in possession of body armor.
Lee’s guilty plea was announced by United States Attorney Peter F. Neronha and Providence Police Chief Colonel Hugh T. Clements, Jr.
According to information presented to the court, investigators assigned to the Providence Police Department’s Narcotics and Organized Crime Bureau culminated an investigation into Lee’s drug dealing activities with the execution of a court authorized search of Lee’s residence on November 3, 2011. During the search, investigators discovered several plastic bags containing various amounts and weights of crack cocaine and marijuana stashed in a nightstand drawer in a room with children’s toys. The officers also discovered a loaded .380 caliber handgun and a bag of ammunition stashed inside a “Girl Gourmet” toy cupcake mixer box. Investigators also seized a bullet proof vest from a kitchen closet.
According to information presented to the court, Lee is an armed career criminal who has two prior convictions for serious drug offenses and a conviction for a crime of violence. As an armed career criminal having been charged with being a felon in possession of a firearm, Lee faces up to the maximum statutory penalties of life imprisonment, with a mandatory minimum term of imprisonment of 15 years, a $250,000 fine and a term of 5 years of supervised release. Possession with the intent to distribute cocaine base is punishable by up to 20 years imprisonment, a $1,000,000 fine and 3 years to life supervised release. Maximum statutory penalties for being a felon in possession of body armor are 3 years imprisonment, $250,000 fine, and 1 year supervised release.
If imposed consecutively, the maximum penalties for all offenses to which Lee pleaded guilty are life imprisonment, with a mandatory minimum term of 15 years imprisonment, a fine of $1,500,000, and supervised release for life.
The case is being prosecuted by Assistant U.S. Attorney Ly T. Chin.
The matter was investigated by the Providence Police Department with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Contact: 401-709-5357
[email protected]Previously Convicted Sex Offender Sentenced to over 12 Years in Prison for Interstate Travel to Engage in Sex with A MinorRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced Scott Odham, age 49, of Laurel, Delaware, today to 150 months in prison, followed by lifetime supervised release, for traveling across state lines to engage in sex with a minor. Odham is a previously convicted sex offender, including a 2001 conviction in Carroll County for child abuse and indecent exposure. Judge Blake ordered that upon his release from prison, Odham must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Colonel Nathaniel McQueen, Jr. of the Delaware State Police; and Somerset County State’s Attorney Dan Powell.
According to Odham’s plea agreement, from 2010 through April 2011, Odham sent repeated and frequent Facebook and MySpace messages, some of which were sexually explicit, to over 50 high school and middle school females that lived in the Western Maryland area. On April 16, 2011, Odham became Facebook “friends” with AS, a 19 year old female from Princess Anne, Maryland. The two decided to meet and began a sexual relationship. On April 22, 2011, a 14 year old middle school girl went to visit AS during her spring break and stayed at AS’s home. That night, AS and the minor female drank alcohol together and sent pictures of themselves in bathing suits by telephone to Odham. The next day, AS left the 14 year old female alone while she attended a family event in Delaware. Odham knew that the girl was in the home alone and he traveled from his home in Delaware, to the Princess Anne home where he engaged in sexually explicit conduct with the 14 year old.
On June 1, 2011, Odham sent an inappropriate text message to the 14 year old, who was in school at the time. The message was seen by her science teacher and subsequently by her principal, who reported the contact to police. The 14 year old was interviewed by authorities and described Odham’s visit to the Princess Anne home. The victim stated that Odham offered to pay her to take off her clothes and asked her to watch porn with him. When the victim declined his advances, Odham grabbed her by the hair and demanded oral sex. A state search warrant for Odham’s home and an arrest warrant for Odham were subsequently obtained and executed. Numerous pornographic pictures were found on Odham’s phone, including photos of Odham’s penis and sexually explicit photographs of AS and the 14 year old victim.
Odham previously pleaded guilty to state charges of escape and to perverted practices stemming from a video he made, and entered an Alford plea to third degree sex abuse. He was sentenced to 20 years in prison, with 10 years suspended. Following his conviction, Odham was sent to the Western Correctional Institution in Hagerstown, Maryland. From jail, Odham sent threatening letters to the Maryland State Trooper who investigated his case and to the minor female.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the HSI Baltimore, the Maryland State Police, Delaware State Police and Somerset County State’s Attorney‘s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant U.S. Attorney Sandra Wilkinson, who prosecuted the case.
Porcupine Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Tony Little Boy, age 23, of Porcupine, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 19, 2013 and pled guilty to Assault with a Dangerous Weapon. The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.
The charge relates to an incident in Porcupine on August 17, 2012, where Little Boy struck another man with a shovel.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Porcupine Man Indicted for Attempted Aggravated Sexual Abuse and Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota man has been indicted by a federal grand jury for allegedly sexually and physically assaulting a female near Porcupine in August 2012.
William Thunder Hawk, age 19, was indicted by a federal grand jury on March 25, 2013 for Attempted Aggravated Sexual Abuse, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury. Thunder Hawk appeared before U.S. Magistrate Judge Veronica L. Duffy on March 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is life imprisonment and a $250,000 fine. The charges are merely accusations and Thunder Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case.
Thunder Hawk was remanded to the custody of the U.S. Marshal. A trial date has been set for May 28, 2013.
Polk County Man Sentenced to 25 Years in Federal Prison for Drug and Firearms ChargesRead the Press Release
Tampa, FL - U.S. District Judge James D. Whittemore yesterday sentenced Oneil Marlon Martin, a/k/a David Lawrence Motta (33, Sarasota) to 66 months in federal prison for possessing with intent to distribute marijuana and possessing a firearm in furtherance of that drug trafficking crime. The court also ordered Martin to forfeit two firearms and assorted ammunition which were used, or intended to be used, to facilitate the offenses. Martin pleaded guilty on January 3, 2013.
According to court documents, federal and state law enforcement agents executed a search warrant at Martin's house on October 19, 2012. During the search, agents found marijuana and marijuana paraphernalia throughout the house. They also found two firearms and assorted ammunition. In addition, the agents recovered $17,846.00 in cash from Martin's house.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration, and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Joseph W. Swanson.
Pair Enter Guilty Pleas to Smuggling Undocumented ImmigrantsRead the Press Release
Defendants attempt to evade law enforcement in February resulted in three deaths
In San Antonio this afternoon, 31-year-old Javier Silva-Morales, a resident of Monterrey, Mexico, and 25–year-old Jose Abram Lopez-Lozano, a resident of Michoacàn, Mexico, pleaded guilty to smuggling undocumented aliens announced United States Attorney Robert Pitman and Homeland Security Investigations (HSI) Special Agent in Charge Vincent Iglio.
Appearing before United States District Judge Xavier Rodriguez, the driver of the vehicle, Silva-Morales, pleaded guilty to one count of smuggling undocumented aliens resulting in death. His accomplice, Lopez-Lozano, pleaded guilty to one count of smuggling undocumented aliens for financial gain. By pleading guilty, both admitted to transporting smuggled undocumented aliens on February 6, 2013, from Falfurrias, TX, to Houston when a Wilson County Sheriff’s deputy attempted to conduct a traffic stop near Poth, TX. A vehicle chase ensued. After losing sight of the vehicle, deputies subsequently discovered several individuals at the end of an open field standing on top of what appeared to be the same vehicle which was now submerged under water. A total of 13 individuals, including both defendants, were apprehended by sheriff’s deputies with assistance from Texas Department of Public Safety troopers. HSI agents later determined that the 13 were in the United States without proper documentation and placed them under arrest. A Texas Department of Public Safety dive team dispatched to the scene recovered three bodies from the bottom of the water near the vehicle.
Silva-Morales faces a prison sentence of 12 and a half years; Lopez-Lozano, up to ten years in federal prison. Both remain in federal custody pending sentencing which is scheduled for 1:30pm on June 26, 2013, before Judge Rodriguez.
This case was investigated by HSI, the Texas Department of Public Safety and the Wilson County Sheriff’s Office. Special Assistant United States Attorney Christina Playton is prosecuting this case on behalf of the Government.
North Dakota Man Pleads Guilty to Converting Mortgaged PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that Wroper Kosel, age 25, of Bismarck, North Dakota appeared before U.S. District Judge Roberto A. Lange on March 26, 2013 and pled guilty to Conversion of Farm Service Agency Mortgaged Property. The maximum penalty upon conviction is 5 years of custody, a $250,000 fine, or both; 3 years of supervised release, and a $100 assessment. Restitution may also be ordered.
Kosel was indicted by a federal grand jury on November 15, 2012 for Misuse of Farm Service Agency Loans, Conversion of Farm Service Agency Mortgaged Property, and Making False Statements to Farm Service Agency.
The charge that Kosel admitted to relates to his March 2010 unlawful conversion of nine mortgaged cattle. The cattle were security for loans Kosel had with Farm Service Agency and had a value ofover $1,000.
The investigation was conducted by the Office of Inspector General for the United States Department of Agriculture. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for June 10, 2013. The defendant was released on bond pending sentencing.
Nine Sentenced for Illegally Distributing Controlled Substances over the InternetRead the Press Release
SAN FRANCISCO - Nine defendants were sentenced over the last two days for their roles in illegally distributing controlled substances to customers who bought the drugs from illicit Internet pharmacies, United States Attorney Melinda Haag and Drug Enforcement Administration Acting Special Agent in Charge Bruce C. Balzano announced. The defendants were also collectively ordered to forfeit more than $94 million in illegal proceeds.
“Illegal Internet pharmacies bring significant harm to communities across the nation by making controlled substances available to teenagers, addicts, and others who are endangered when these drugs are obtained without proper medical supervision. Anyone who engages in this criminal activity can expect to be prosecuted and held accountable for their conduct,” stated U.S. Attorney Haag.
“Prescription drug abuse has risen to alarming levels, often times leaving a trail of devastation behind and negatively impacting our communities. The individuals sentenced this week were involved in online pharmacy schemes that were illegally distributing controlled substances. DEA will aggressively pursue all who choose profits over the health and safety of the public,” stated DEA Acting Special Agent in Charge Balzano.
Michael Arnold, 42, of Boca Raton, Florida, was sentenced to 5 years in prison for his role as the organizer and leader of the Pitcairn Internet pharmacy. From 2003 through 2007, Pitcairn sold more than 14 million doses of Schedule III and IV controlled substances, earning over $69 million in its four years of operation using websites such as ezdietpills.net, pillsavings.com, and doctorrefill.net. Arnold laundered Pitcairn’s illegal proceeds through accounts in at least eight different countries, including Switzerland, Liechtenstein, the Netherlands, Canada, Panama, the Bahamas, St. Kitts & Nevis, and Curacao. Arnold was ordered to forfeit $69,692,488.39.
Christopher Napoli, 46, of Newtown Square, Pennsylvania, was sentenced to 4 years in prison for his role as the founder and leader of the Pharmacy USA/ SafescriptsOnline (“Safescripts”) Internet pharmacy. From November 2004 through December 2006, Safescripts sold more than 13 million doses of Schedule III and IV controlled substances, earning more than $24 million in its two years of operation. Napoli paid affiliates located in foreign countries, including Argentina, India, the Dominican Republic, Panama, Latvia, Lithuania, Romania and Poland to market drugs to potential customers using websites and call centers that placed outbound calls pushing the sale of the drugs listed on the Safescripts website. Napoli was ordered to forfeit $24,609,611.48.
Daniel “DJ” Johnson, 40, of Pekin, Illinois, was sentenced to 3 years in prison for his role as the software developer and manager for Safescripts. From his father’s business, Internet Commerce Corporation, Johnson assisted Napoli with the day-to-day operation of Safescripts, managing the maintenance and development of the software and hardware used to process drug orders, as well as the relationships between Safescripts at the brick-and-mortar pharmacies that filled the drug orders and shipped the pills to customers. Johnson was ordered to forfeit $835,540.
Jeffrey Herholz, 45, of Fayetteville, North Carolina, was sentenced to 2 years in prison for his role as the owner and operator of Kwic Fill, a brick-and-mortar pharmacy located in Fayetteville, North Carolina, that filled drug orders exclusively for Internet pharmacies, including Pitcairn and Safescripts. From February through April 2006, Kwic Fill shipped more than 7 million doses of Schedule III and IV controlled substances to customers located in all 50 states. Kwic Fill earned more than $3 million in criminal proceeds in its three months of operation. Herholz was ordered to forfeit $3,386,829.
Joseph Carozza, 67, of West Orange, New Jersey, was sentenced to 2 ½ years in prison for his role as one of the doctors who reviewed drug orders for Safescripts. Customers who wished to purchase controlled substances from Safescripts selected their drug of choice from a list of available options, answered a 23-question on-line questionnaire, and provided a credit card number and shipping address. After reviewing the questionnaire, Carozza clicked a button to “approve” or “deny” the drug order without meeting with or speaking to the customer who placed the drug order. The evidence at trial showed that Carozza approved more than 184,000 drug orders for Safescripts during an eleven-month period, once approving more than 12,000 orders in a single day. Carozza was ordered to forfeit $400,067.
Arnold and Herholz were convicted of conspiracy to distribute and possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, and conspiracy to launder money internationally, in violation of 18 U.S.C. § 1956, on March 1, 2012, after a four-week jury trial.
Napoli, Johnson and Carozza were convicted of conspiracy to distribute and possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, on November 15, 2012, after a six-week jury trial. Napoli and Johnson were also convicted of conspiracy to launder money, in violation of 18 U.S.C. § 1956.
Evidence at trial established that more than 90% of the drugs sold by Pitcairn and Safescripts were Schedule III and IV controlled substances. The drugs were primarily diet pills, such as phentermine and didrex, and anti-anxiety drugs known as benzodiazepenes, such as Xanax, Valium and clonazepam. All of these drugs carry a potential for addiction and may be dangerous if not taken under proper medical supervision.
Also sentenced were:
Salvatore Lamorte, 54 of Freehold, New Jersey, was sentenced to 1 year and 1 day in prison. Lamorte pled guilty to conspiracy to distribute and to possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, and conspiracy to launder money internationally, in violation of 18 U.S.C. § 1956, based on his role as a recruiter and consultant who located brick-and-mortar pharmacies willing to fill drug orders for illegal Internet pharmacies. Lamorte was ordered to forfeit $2,011,927.
Jeffrey Entel, 43, of Lake Placid, Florida, was sentenced to 13 months in prison. Entel pled guilty to conspiracy to distribute and possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846. Entel owned and operated Groupo Call Center in the Dominican Republic, a call center that placed out-bound calls soliciting drug orders for Safescripts. Entel was ordered to forfeit $3,856,453.
Dino Antonioni, 45, of Miramar, Florida, was sentenced to 9 months of imprisonment followed by 9 months of home confinement. Antonioni pled guilty to conspiracy to distribute and to possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, based on his role as the pharmacist for a brick-and-mortar pharmacy that filled drug orders for illegal Internet pharmacies. Antonioni was ordered to forfeit $300,000.
Darrell Creque, 63, of Clayton, North Carolina, was sentenced to 4 years of probation. Creque pled guilty to conspiracy to distribute and to possess with intent to distribute Schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, based on his role as the pharmacist for Kwic Fill. Creque was ordered to forfeit $23,865.
These convictions were the result of a lengthy investigation by the Drug Enforcement Administration, San Francisco Field Division’s Financial Investigative Team. The prosecution is part of the Northern District of California United States Attorney’s Office’s Health Care Fraud program and was initiated as an investigation with the Organized Crime and Drug Enforcement Task Force. Substantial assistance was provided by the North Carolina Board of Pharmacy. Assistant United States Attorneys Kirstin Ault, Thomas Stevens, and Tracie Brown, with assistance from Denise Oki, Maryam Beros, Rawaty Yim, and Rayneisha Booth, prosecuted this case on behalf of the United States.
Newark Man Pleads Guilty to Possessing Child PornographyRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that David Mullie, 49, of Newark, N.Y., pleaded guilty to possession of child pornography before U.S. District Court Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, and supervised release for life.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that a family member alerted police after finding sexually explicit photos on the defendant’s computer. Newark Police began an investigation and then notified Homeland Security Investigations for assistance. Federal agents executed a search warrant and seized several computers from Mullie’s home. A forensic analysis of the computers uncovered more than 600 images of children, including prepubescent children, being sexually abused.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent In Charge James C. Spero, and Officers of the Newark Police Department, under the direction of Chief David L. Christler.
Sentencing is scheduled for 3:00 pm on September 12, 2013 before Judge Siragusa.New Haven Man Sentenced to 63 Months in Federal Prison for Distributing HeroinRead the Press Release
David B. Fein, United States Attorney for the District of Connecticut, announced that RAYMOND CARSON, also known as “Dirt,” 38, of New Haven, was sentenced today by Senior United States District Judge Ellen Bree Burns in New Haven to 63 months of imprisonment, followed by three years of supervised release, for distributing heroin.
CARSON is one of 108 individuals charged as a result of “Operation Bloodline,” a joint law enforcement investigation targeting narcotics trafficking and gang violence in the Dwight-Kensington and Fair Haven sections of New Haven. Led by the DEA New Haven Task Force and the New Haven and Hamden Police Departments, the year-long investigation included the use of court-authorized wiretaps on numerous telephones, extensive physical surveillance, controlled purchases of narcotics, execution of search warrants and seizures of narcotics and firearms. The investigation revealed that CARSON conspired with others to purchase and redistribute heroin.
CARSON’s criminal history includes numerous felony convictions, including two convictions for possession of narcotics, one conviction for sale of narcotics, and seven weapon convictions, including firearm offenses. He was on state parole at the time of the heroin distribution offense.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia and Meriden Police Departments. The United States Marshals Service, the Connecticut State Police, the Connecticut Department of Correction, Parole and Community Services and the Milford, Hartford, New Britain, North Branford and Stratford Police Departments have provided valuable assistance to the investigation.
This case is being prosecuted by Assistant United States Attorneys S. Dave Vatti and Marc Silverman.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Monroeton Woman Sentenced for Embezzling Money from Martha Lloyd Community ServicesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joanne Beers, age 58, of Monroeton, Pennsylvania, was sentenced Monday by U.S. District Court Judge Christopher C. Conner to a two-year term of imprisonment and three years of supervised release. Beers was also ordered to pay $96,185.68 in restitution.
According to United States Attorney Peter J. Smith, Beers worked as a program specialist supervisor for the Martha Lloyd Community Services Facility, a non-profit health care provider in Troy, Pennsylvania. Martha Lloyd provides facilities, programs and services in Bradford and Tioga Counties for persons with intellectual and developmental disabilities.
The facility receives funding from the U.S. Department of Health and Human Services and the Commonwealth of Pennsylvania through the Medicaid program. Beers was responsible for overseeing a program which housed 18 female residents.
Without the knowledge, authorization, and approval of her employer, Beers used four Martha Lloyd credit card accounts to purchase merchandise and services for her personal use and benefit, including hair care services at a salon, video game equipment, clothing, gift cards, food, and household goods for herself and her family, and furniture, a television, and DVD player for her residence.
Beers stole cash from Martha Lloyd accounts and submitted false purchase orders and receipts to support other petty cash and credit card account expenditures used for her personal expenses.
Beers also transacted paychecks for developmentally and intellectually disabled residents of the facility under her supervision and used the cash to purchase gasoline, cigarettes, and other items for her own personal use and benefit.
Beers was charged and pleaded guilty in August 2012.
The case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney George J. Rocktashel.
Mission Man Sentenced for Assault by Habitual Domestic OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man convicted of Assault by Habitual Domestic Offender was sentenced on March 25, 2013 by U.S. District Judge Roberto A. Lange.
Willard Dorian, age 36, was sentenced to 38 months, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Dorian was indicted by a federal grand jury on June 12, 2012 and pled guilty to the charge on January 7, 2013.
The conviction stems from an incident that took place on July 3, 2011 when Dorian assaulted his domestic partner causing her bodily injury.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Dorian was remanded to the custody of the U.S. Marshal.
Mercer County, N.J., Woman Admits Role in Oxycodone RingRead the Press Release
TRENTON, N.J. –A Mercer County, N.J., woman today admitted she conspired with Joseph “JoJo” Giorgianni, Charles Hall III and others to illegally distribute oxycodone pain pills, U.S. Attorney Paul J. Fishman announced.
Stephanie Lima, 41, of Yardville, NJ, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an Information charging her with conspiracy to distribute and possession with intent to distribute oxycodone.
According to documents filed in this case and statements made in court: Between August 2011 and September 2011, Lima agreed with Hall, Carol Kounitz and Giorgianni to obtain oxycodone from a doctor and distribute that oxycodone in exchange for payment. On Aug. 17, 2011, Lima traveled with Kounitz and Hall to a doctor in Nutley, N.J. Lima admitted that during this trip she tried to attend an appointment with the doctor in order to obtain a prescription for oxycodone pills, but was unsuccessful. Kounitz obtained a prescription for oxycodone on Aug. 17, 2011, and Lima admitted that she and Kounitz filled this prescription and provided the pills to Hall for distribution.
Lima and Kounitz, in coordination with Hall, made a second trip to the doctor on Sept. 14, 2011, during which Lima obtained a prescription for 120 15-mg oxycodone pills and Kounitz obtained a prescription for 120 30-mg oxycodone pills. Lima admitted that she and Kounitz later filled those prescriptions and provided the pills to Hall in exchange for payment. Lima understood Giorgianni to be overseeing the sale of the oxycodone that she and Kounitz provided to Hall.
The drug conspiracy charge is punishable by a maximum potential penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for July 2, 2013.
U.S. Attorney Fishman credited special agents of the FBI’s Trenton Resident Agency, Newark Field Office, under the direction of Acting Special Agent in Charge David Velazquez, for the investigation leading to today’s guilty plea.The government is represented by Assistant U.S. Attorneys Eric W. Moran and Matthew J. Skahill of the U.S. Attorney’s Office Special Prosecutions Division in Trenton and Camden, respectively.
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Defense counsel: Paul W. Norris Esq., Lawrenceville, N.J.
Lima Information
Mercer County, N.J., Woman Admits Role in Oxycodone RingRead the Press Release
TRENTON, N.J. –A Mercer County, N.J., woman today admitted she conspired with Joseph “JoJo” Giorgianni, Charles Hall III and others to illegally distribute oxycodone pain pills, U.S. Attorney Paul J. Fishman announced.
Stephanie Lima, 41, of Yardville, NJ, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an Information charging her with conspiracy to distribute and possession with intent to distribute oxycodone.
According to documents filed in this case and statements made in court: Between August 2011 and September 2011, Lima agreed with Hall, Carol Kounitz and Giorgianni to obtain oxycodone from a doctor and distribute that oxycodone in exchange for payment. On Aug. 17, 2011, Lima traveled with Kounitz and Hall to a doctor in Nutley, N.J. Lima admitted that during this trip she tried to attend an appointment with the doctor in order to obtain a prescription for oxycodone pills, but was unsuccessful. Kounitz obtained a prescription for oxycodone on Aug. 17, 2011, and Lima admitted that she and Kounitz filled this prescription and provided the pills to Hall for distribution.
Lima and Kounitz, in coordination with Hall, made a second trip to the doctor on Sept. 14, 2011, during which Lima obtained a prescription for 120 15-mg oxycodone pills and Kounitz obtained a prescription for 120 30-mg oxycodone pills. Lima admitted that she and Kounitz later filled those prescriptions and provided the pills to Hall in exchange for payment. Lima understood Giorgianni to be overseeing the sale of the oxycodone that she and Kounitz provided to Hall.
The drug conspiracy charge is punishable by a maximum potential penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for July 2, 2013.
U.S. Attorney Fishman credited special agents of the FBI’s Trenton Resident Agency, Newark Field Office, under the direction of Acting Special Agent in Charge David Velazquez, for the investigation leading to today’s guilty plea.The government is represented by Assistant U.S. Attorneys Eric W. Moran and Matthew J. Skahill of the U.S. Attorney’s Office Special Prosecutions Division in Trenton and Camden, respectively.
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Defense counsel: Paul W. Norris Esq., Lawrenceville, N.J.
Lima Information
Men and Company Charged in Scheme Related to Theft of Social SecurityRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that a grand jury returned a five-count indictment charging Kevin Philip Zeszut with one count of theft of government property; charging Ohio Transport Corporation with one count of aiding and abetting the theft of government property and charging William C. Hill, Jr., with one count of aiding and abetting the theft of government property and four counts of making false statements.
Zeszut, 60, lives in Parma, Ohio; Hill, 59, lives in Liberty Township, Ohio and Ohio Transport Corporation is located in Middletown, according to public records.
The indictment alleges that Zeszut stole and converted to his own use, $196,245 in Social Security payments and related benefits to which he was not entitled.
The indictment further alleges that Hill made false statements to agency representatives by stating that Zeszut was not an employee of his company, Ohio Transport Corporation, when, in fact, Hill knew that Zeszut was a full-time employee of his company, but was being paid using the actual name and Social Security number of a person other than Zeszut.
If convicted, the defendants’ sentences will be determined by the Court after a review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximums, and in most cases they will be less than the maximum.
The case is being prosecuted by Trial Attorney Ian D. Hoffman and Assistant U.S. Attorney Phillip J. Tripi, following investigation by agents of the Social Security Administration Office of Inspector General.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.Maryland Man Pleads Guilty to Transporting Women for Prostitution EnterpriseRead the Press Release
ALEXANDRIA, Va. – Angel Campos Tellez, aka “Israel Campos Martinez,” “Abel Cruz Bonilla,” and “Abel Campos,” 27, of Maryland, pleaded guilty today to helping lead a commercial sex enterprise that prostituted at least 100 different women throughout Virginia and nearby states.
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 the plea was accepted by United States District Judge Claude M. Hilton.
Campos Tellez, a citizen and national of Mexico who is illegally present in the United States, pleaded guilty to transporting individuals to engage in prostitution, which carries a maximum of five years in prison. Sentencing is scheduled for June 21, 2013.
According to a statement of facts filed with his plea agreement, Campos Tellez was a leader of a commercial sex enterprise that operated between 2009 and July 2012. His organization brought more than 100 women, most of whom were foreign nationals, from New York, New Jersey, Virginia, Maryland and Washington, D.C., to engage in commercial sex in Manassas, Woodbridge, Virginia Beach, Norfolk and Newport News in Virginia, as well as in Baltimore, Md., and in Delaware.
Campos Tellez admitted that he coordinated different drivers to transport the women; collected the prostitution proceeds; advertised for the enterprise by handing out business cards at Spanish restaurants, check cashing stores, construction sites and day laborer sites; and obtained lodging for members of the enterprise.
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.Mansfield Man Charged Wtih Making Bomb ThreatsRead the Press Release
A criminal information was filed charging a Mansfield man with six counts of willfully making threats, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Cleveland Division of the Federal Bureau of Investigation for the Northern District of Ohio.
Lonny L. Bristow, 39, is accused of calling in bomb threats to courthouses in Nebraska, Washington, Oregon, Tennessee and Mississippi beginning in November throughout the month of December 2012.
Bristow made the threats using prepaid calling cards that purchased at the Wal-Mart Supercenter in Upper Sandusky, Ohio, according to the information. Bristow had purchased several pre-paid calling cards and those pre-paid calling cards were linked to the false bomb threats placed to various courthouses spanning five states, according to the information.
"These threats caused fear and panic throughout courthouses around the country," Dettelbach said. "The FBI did a tremendous job in piecing this case together."
"Lonny Bristow induced panic in hundreds of people across several states who were simply trying to do their work," Anthony said. "The FBI will continue efforts to aggressively pursue charges against anyone, such as Mr. Bristow, who chooses to make reckless and malicious bomb threats."
The case is being prosecuted by Assistant United States Attorney Thomas Getz after an investigation by agents of the Federal Bureau of Investigation.
If convicted, the defendant’s sentence will be determined by thecCourt after a review of factors unique to the case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses, and the characteristics of the violations. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
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Lummi Tribal Member Sentenced to 97 Months in Prison for Voluntary ManslaughterRead the Press Release
An enrolled member of the Lummi Tribe was sentenced today in U.S. District Court in Seattle to 97 months in prison for Voluntary Manslaughter in the death of his six month old daughter, announced U.S. Attorney Jenny A. Durkan. LAWRENCE V. TOM, JR., 23, pleaded guilty in November 2012. In addition, Chief U.S. District Judge Marsha J. Pechman imposed three years of supervised release.
According to the plea agreement, on May 10, 2012, TOM was home alone with his infant daughter as well as his 18-month-old daughter when he became frustrated with the infant’s crying. TOM squeezed the infant’s head between his right bicep and forearm, causing a traumatic brain injury. Early on May 13, TOM asked neighbors to call 9-1-1 saying his infant daughter had stopped breathing. The child died from skull fractures and brain bleeding.
In asking for a ten year sentence, prosecutors wrote to the court the infant “suffered greatly in her home for several days before Defendant sought medical care for her. When first confronted about his daughter’s injuries, Defendant lied in an attempt to cover up his violent act against his daughter. In short, the nature and circumstances of Defendant’s conduct, the seriousness of the offense, and the goals of general and specific deterrence warrant the imposition of a 120-month custodial sentence.”
The case was investigated by the FBI and the Lummi Tribal Police Department. The Lummi Nation is a self-governing, federally recognized Indian Tribe. The Lummis are the third largest tribe in Washington State, serving over 5,000 members whose median age is 29 years old. The Lummi Tribal Police Department has approximately 20 commissioned officers and is recognized for its responsive law enforcement services. The case is being prosecuted by Assistant United States Attorney J. Tate London. Mr. London has served as the Tribal Liaison for the U.S. Attorney’s Office.
Lincoln Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that Michael P. Boyer, age 47 of Lincoln, Nebraska, was sentenced on March 27, 2013, in Lincoln, Nebraska, to 12 months and one day in prison by United States District Senior Judge Lyle E. Strom, for failing to register as a sex offender. After his release from prison, Boyer will be required to serve a five year term of supervised release and be registered as a sex offender.
Boyer was required to register as a sex offender as a result of convictions for assault with intent to commit rape and assault with a deadly weapon in Placer County, California, in 1990. He was discharged from custody for that offense in 1993, and did not register in any of the states in which he subsequently resided.
This case was investigated by the United States Marshals Service.
Licking County Man Pleads Guilty to Defrauding Project Hire, A Federally Funded Job Training ProgramRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS – Eric M. Rader, 36, of Johnstown, Ohio pleaded guilty in U.S. District Court to one count of conspiracy to commit fraud for submitting fraudulent bills in connection with a federally funded job training program.
Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, Robert Hughes, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), and James Vanderberg, Special Agent-in-Charge of the U.S. Department of Labor Office of Labor Racketeering and Fraud Investigations announced the plea entered today before U.S. District Judge Michael H. Watson.
According to court documents, Rader was a recruiter and apprenticeship manager for Building Trades Institute (BTI) in Delaware, Ohio from February 2009 to December 2010. BTI receives funding through the American Recovery and Reinvestment Act for Project HIRE, an initiative to help connect and incentivize employers in targeted growth industries who had current job openings to hire dislocated workers who had or were close to having the necessary skills to fill those positions.
Rader forged the signature of an officer of a job leasing company official on a letter claiming jobs existed for people who were to receive solar panel installation training through BTI knowing that such jobs did not exist.
Rader sent an invoice for $66,000 to the program. The invoice had the names of students who had received training prior to Project HIRE starting, making them ineligible for Project HIRE funds. The students never received solar panel installation training which would have resulted in an Industry Recognized Certificate (IRC), which was a requirement of Project HIRE.
Rader pleaded guilty to one count of conspiracy to commit mail fraud, which is punishable by up to five years in prison, a fine of up to $250,000 and three years of supervised release. The plea agreement also calls for Rader to make restitution.
The court will conduct a pre-sentence investigation before determining the sentence and schedule a date for sentencing.
U.S. Attorney Stewart said the investigation is continuing and commended the investigation by Department of Labor and FBI agents, and Financial Crimes Chief Brenda S. Shoemaker, who is representing the United States in this case.
Law Enforcement Arrests Defendants Charged in Large Scale Drug ConspiracyRead the Press Release
WICHITA FALLS, Texas —All seven defendants charged in a federal indictment with conspiring to possess with intent to distribute methamphetamine and firearms offenses are in custody, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. Of those seven defendants, four were arrested yesterday, one was previously arrested and is in federal custody, and two are in state custody in Wichita and Tarrant counties awaiting transfer to federal custody. All seven defendants will make appearances in federal court in Wichita Falls before U.S. Magistrate Judge Robert K. Roach today and either remain in custody or be released on bond.
Each of the below-named defendants charged in the indictment, which was returned by a federal grand jury in Fort Worth approximately two weeks ago and unsealed today, is charged with at least one count of conspiracy to distribute a Schedule II controlled substance, namely methamphetamine. In addition, some of the defendants are charged with firearms offenses.
- Anthony Rueben Johnston, 27
- Rachel Dawn Billen, 20
- Louis Griego, Jr., aka “Big Lou,” 44
- Janis Hernandez, 30
- James Allan Holley, aka “Jimmy Holley,” 33
- Darren Scott Murphy, Jr., 25
- Christina Gail Thompson, 31
A federal indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted however, each of the conspiracy counts and each of the substantive drug counts carry a maximum statutory sentence of not less than five years or more than 40 years in prison and a $5 million fine. The firearms offenses charged in Counts Two and Four carry a maximum statutory sentence of 10 years in prison and a $250,000 fine. The firearms offense charged in Count Three carries a statutory sentence of not less than five years and up to life in prison and a $250,000 fine. In addition, the indictment includes a forfeiture allegation which would require the defendants to forfeit to the U.S. all proceeds obtained as a result of their offense.
The Texas Department of Public Safety and Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating.
Assistant U.S. Attorney Mary F. Walters is in charge of the prosecution.
Lansing Landscapers Sentenced to Prison for Defrauding Unemployment Insurance ProgramRead the Press Release
Business owners forced laborers to work for free while collecting unemployment insuranceGRAND RAPIDS, MICHIGAN – Kevin Romando Johnson, 39, of Lansing, was sentenced to four years in prison; his mother Sara Johnson, 69, was sentenced to three years’ imprisonment, U.S. Attorney Patrick Miles announced today. U.S. District Judge Gordon J. Quist also ordered the Johnsons to pay restitution of $315,471 to the Michigan Unemployment Insurance Agency (“UIA”). The sentence was imposed as the result of a conviction on October 30, 2012, after a six-day jury trial in Grand Rapids.
"In hard times, we all need to pull together," said U.S. Attorney Miles. “Stealing from the unemployment insurance system is selfish, illegal, and clearly not worth the risk."
The evidence presented at trial and sentencing established that the Johnsons owned and operated Lansing Total Lawn Care (“LTLC”), a commercial landscaping company. At the end of each mowing season between 2006 and 2010, the defendants laid-off laborers and coerced them into applying for unemployment insurance benefits. The defendants would then force workers to toil for the company for free throughout the winter, driving snowplow trucks and performing other labor. The defendants informed them that unemployment "was their paycheck." Workers testified that if they refused, the defendants would call the Michigan UIA and report them as "refusing to work," leading to termination of their unemployment benefits.
Kevin Johnson also applied for unemployment benefits for himself while running the company. He lied on over 50 UIA certifications that he had been "laid off." Meanwhile, he represented himself as the owner of LTLC on loan applications, including for the purchase of property at the Las Vegas “Planet Hollywood” resort. Documents and testimony presented at trial established that Johnson used his unemployment checks to pay for a Chrysler 300 Limited luxury sedan, cash and other personal expenses. When interviewed by law enforcement, Johnson lied under oath that he had “never knowingly allowed any of his employees to work while collecting unemployment,” resulting in his additional conviction for lying to a federal agent.
Neither defendant ever admitted responsibility for their crime. The Court described Sara Johnson as the "enforcer" of the scheme, who told workers that if they reported the fraud, they would go to jail for collecting unemployment while her lawyer would assure that she and her son remained unscathed. The Court noted the pernicious scheme undermined a program that enables laid-off workers to support themselves and their families with dignity while looking for employment.
The Department of Labor Office of Inspector General investigated the case and Assistant U.S. Attorneys Nils R. Kessler, and Carolyn Almassian.
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