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Friday 8 February 2013
Corrected ReleaseRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFederal Grand Jury Returns Indictments
WHEELING, WEST VIRGINIA — Four individuals were named in four separate
Indictments returned by a federal grand jury sitting in Wheeling, West Virginia, on February
5, 2013.
United States Attorney William J. Ihlenfeld, II, announced the following indictments: WILLIAM TORRES a/k/a “BILLY,” age 28, of Wheeling, was named in a one-count
Indictment charging him with “Felon in Possession of a Firearm.” The indictment alleges that TORRES possessed a firearm on December 7, 2012, in Wheeling, despite having a prior felony conviction from the New York County Supreme Court for the felony offense of “Attempted Robbery, First Degree.” In addition to pursuing a felony charge the United States is also seeking to forfeit the Kel-Tec, PF-9, 9mm Luger that TORRES allegedly possessed. If convicted, WILLIAMS faces up to 10 years imprisonment and a $250,000 fine. This case will be prosecuted by USA Ihlenfeld and Assistant United States Attorney Stephen L. Vogrin and was investigated by the Bureau of Alcohol, Tobacco Firearms.JEFFREY JOSEPH OLIVER, age 25, of Wheeling, was named in a one-count Indictment charging him with “Possession of Child Pornography” on June 12, 2012, in Wheeling. The Indictment also contains a Forfeiture Allegation wherein the United States seeks to forfeit the computer and all storage devices, including approximately 181 CDs and DVDs, a cell phone and a Playstation and memory card which were seized from OLIVER on June 12, 2012. If convicted, OLIVER faces a maximum exposure of 10 years imprisonment and a fine of $250,000. This case will be prosecuted by by Assistant United States Attorney Robert H. McWilliams, Jr. and was investigated by the West Virginia State Police-Bureau of Criminal
Investigations. This case is being prosecuted 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, 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.
CHARLES J. WESTBROOKS, age 47, of Paden City, West Virginia, was named in a one-count Indictment charging him with “Theft of Public Funds.” The Indictment alleges that from October of 2009 to September of 2011, WEST BROOKS unlawfully received monies from Veterans Administration Dependency and Indemnity Compensation which were intended for another. If convicted, WEST BROOKS faces up to 10 years imprisonment and a $250,000 fine. This case will be prosecuted by Assistant United States Attorney David J. Perri and was investigated by the United States Department of Veterans Affairs, Office of Inspector General- Criminal Investigation Division.
MAXIMO HERNANDEZ-PEREZ, age 26, was charged in a one-count indictment with “Re-Entry by a Removed Alien.” On November 18, 2012, HERNANDEZ-PEREZ was found in Moorefield, Hardy County, West Virginia, after having been removed in October of 2008, and had not received consent to reapply for admission to the United States. If convicted, HERNANEZ-PEREZ faces up to two years imprisonment, a $250,000 fine and deportation. This case will be prosecuted by Assistant United States David J. Perri and was investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).
All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.
Convicted Pharmacist Sentenced to 188 Months for Illegally Dispensing Prescription DrugsRead the Press Release
Memphis, TN – Larry Egan Boatwright, 57, of Germantown, TN was sentenced to 188 months in prison for illegally distributing narcotics, announced United States Attorney Edward L. Stanton III.
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“Mr. Boatwright abused his position of trust as a licensed pharmacist by illegally providing massive amounts of prescription drugs that were distributed throughout our community,” said U.S. Attorney Stanton. “This successful prosecution and the court’s sentence today should serve as a clear reminder that such conduct will be aggressively prosecuted, and that no one is above the law.”
According to the superseding indictment in the case, Boatwright was a licensed pharmacist working at the Boatwright Drug Company in Millington, Tennessee, and Super Drugs in Savannah, Tennessee at the time the charged crimes were committed. The indictment charged Boatwright with engaging “in a scheme to dispense controlled substances out of these locations to persons without valid prescriptions, including Schedule II and IV substances.” Counts 1, 4 and 7, respectively, charged Boatwright with distributing hydrocodone, a Schedule III controlled substance, oxycodone, a Schedule II controlled substance, and alprazolam, a Schedule IV controlled substance, in violation of Title 21, United States Code, Section 841(a)(1). Each of the three counts charged that Boatwright made the unlawful distributions while “acting outside the scope of professional practice.” Under the federal Controlled Substances Act, controlled substances are drugs that have an accepted medical use and may not be dispensed without a valid prescription from a medical professional. The law identifies controlled substances as drugs that have a potential for abuse which may lead to psychological or physical dependence. In particular, the Controlled Substances Act recognizes that Schedule II controlled substances have “a high potential for abuse.” The Schedule II and III controlled substances charged in this case, hydrocodone and oxycodone, are prescription pain relievers.
At the conclusion of Boatwright’s three-day trial, a federal jury returned a guilty verdict as to all three counts on October 3, 2012. U.S. District Judge Robert H. Cleland sentenced Boatwright to 60 months imprisonment for Count one; 188 months imprisonment for Count four; and 36 months imprisonment for Count seven; all to be served concurrently. There is no parole in the federal system.
In addition to the prison sentence, Boatwright was also fined $5,000 and ordered to serve a total of three years of supervised release.
As a result of his conviction on the three counts, Boatwright is also required to forfeit his interests in property obtained from the proceeds of his crime. This includes more than $33,000 in cash and bank funds, real estate located at 2132 Woodside Drive, Germantown, Tennessee, and a pair of automobiles.
“Americans rely on medical professionals, including pharmacists, to use their training to help patients and to ‘do no harm.’ This individual violated the law and betrayed his responsibilities to his profession, the DEA, and most importantly to the public he pledged to serve,” said DEA Memphis Resident Agent-in-Charge Brian Chambers. “The moment he decided to illegally distribute drugs, he became nothing more than a drug trafficker. DEA is committed to stopping unscrupulous medical professionals like him from harming patients.”
The case was investigated by Sergeant Dennis Brunson of the Millington Police Department, Drug Enforcement Administration (DEA) Task Force Officer George Stauffer of DEA’s Memphis Task Force, and DEA Diversion Investigators Justin Wood, Heather Wehrle and Rhonda Phillips. The case was prosecuted by Assistant United States Attorneys Joe Murphy and Leetra Harris of the United States Attorney’s Office in Memphis.Cleveland Hunter Sentenced for Migratory Bird ViolationsRead the Press Release
OXFORD, Miss. Felicia C. Adams, United States Attorney for the Northern District of Mississippi, Luis Santiago, Special Agent in Charge of the United States Fish and Wildlife Service, and the Mississippi Department of Wildlife, Fisheries, and Parks, Chief of Law Enforcement Steve Adcock announced that:
Cecil Allen “Torch” Tindle, 50, of Cleveland, Mississippi, pled guilty on February 8, 2013, before United States Magistrate Judge David A. Sanders, in Aberdeen, Mississippi, to four counts of a 20-count Information charging him with various migratory bird violations. Charges to which Tindle pled guilty included taking migratory birds from a motor boat while the boat was under power and aiding and abetting other hunters in the taking of ducks in excess of the daily bag limit during a commercially guided duck hunt.
Following his guilty plea, Tindle was ordered to pay a fine of $4,000, including associated fees and court costs, and to pay restitution to the Mississippi Department of Wildlife, Fisheries, and Parks in the amount of $4,000 to offset a portion of the costs of investigation. Tindle was further placed on probation for a period of two years, during which he will be prohibited from hunting in any manner or at any hunting camp or campsite anywhere in the world at any time during any season open to hunting.
“We are committed to working with Mississippi and its citizens to conserve and protect waterfowl and other wildlife,” said United States Fish and Wildlife Service Special Agent in Charge Santiago. “Our collective efforts help ensure that these resources will be here for future generations of fair chase hunters and outdoor enthusiasts.”
This case was investigated by the United States Fish and Wildlife Service Office of Law Enforcement, the National Wildlife Refuge Division of Law Enforcement and the Mississippi Department of Wildlife, Fisheries, and Parks and was prosecuted by Assistant United States Attorney Robert J. Mims.
Cedar Rapids Man Pleads Guilty to Making False Statements About A Consumer ProductRead the Press Release
A man who posted a false statement on Facebook claiming a consumer product was contaminated pled guilty today in federal court in Cedar Rapids.
Luke A. Truesdell, age 40, from Cedar Rapids, Iowa, was convicted of one count of communicating false information that a consumer product had been tainted and one count of making a false statement to the United States Food and Drug Administration (FDA).
In a plea agreement, Truesdell admitted that, on January 26, 2012, shortly after he was fired from his job in Linn County, Iowa, he called the FDA and made a false statement. Truesdell told the FDA he was a Hepatitis B carrier and then falsely claimed he had bled into batches of an FDA regulated consumer product manufactured by his former employer. Truesdell also admitted that, on January 27, 2012, he posted similar, false information on the Facebook page of one of his former employer’s customers.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Truesdell remains in custody of the United States Marshal pending sentencing. Truesdell faces a possible maximum sentence of ten years’ imprisonment, a $500,000 fine, $200 in special assessments, and six years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the United States Food and Drug Administration Office of Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-8 LRR.
California-Based Granite Construction Company to Pay U.S. $367,500 to Resolve False Claims AllegationsRead the Press Release
Granite Construction Company, a California-based construction company specializing in roads, tunnels, bridges, airports and other infrastructure-related projects, reached a settlement with the United States following an investigation of alleged false claims in connection with federal construction projects across the country, the Justice Department announced today. Granite has agreed to pay the United States $367,500.
The settlement resolves claims that Granite overcharged the government on certain federal construction projects funded by the Department of Transportation (DOT) and the Army Corps of Engineers between 2006 and 2008. Specifically, in certain instances, Granite sought price increases in the form of change orders and requests for equitable adjustment which were inflated because the general liability and workman’s compensation insurance rates used to support the adjustments included added amounts or “cushions” that were not actually incurred by the company and therefore should not have been charged to the federal government. Granite disclosed the potential overcharges to the Justice Department.
“Federal contractors will be held accountable for their billing practices,” said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Department of Justice’s Civil Division. “This settlement is an example of the department’s commitment to ensuring that contractors deal squarely and honestly with the government at all times.”
“To prevent and detect potential violations of law, we encourage federal contractors to apply consistent oversight to their operations throughout all phases of contracting,” said DOT Office of Inspector General Special Agent in Charge Hank Smedley. “This settlement is an example of how we work with our law enforcement colleagues to protect taxpayer dollars.”
The investigation and settlement was the result of a coordinated effort by the Civil Division of the Department of Justice and the Department of Transportation Office of Inspector General. The claims settled by this agreement are allegations only, and there has been no determination of liability.
California Man to Federal Prison for Transporting Nearly 250 Pounds of Marijuana in Welder UnitsRead the Press Release
A California man who was arrested for transporting nearly 250 pounds of marijuana concealed in welder units in the back of his truck was sentenced Thursday to five years in federal prison.
David Wayne Holleman, age 54, from Valley Village, California, received the prison term after a September 25, 2012 guilty plea to possessing with intent to distribute 100 kilograms or more of marijuana.
Holleman was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Holleman was sentenced to 60 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system.
Holleman 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 Dan Chatham and investigated by the Iowa State Patrol, Iowa County Sheriff’s Department, and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa Division of Narcotics Enforcement; and the Sixth Judicial District Department of Correctional Services.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR12-0040-1-LRR.
Bricktown Gang Memebr Sentenced to 150 Months in PrisonRead the Press Release
RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, announces that DARNELL WILLIAMS, age 27, of Syracuse, was sentenced today in U.S. District Court in Syracuse to 150 months imprisonment for his role in conspiring to engage in a pattern of racketeering activity through his membership in the Bricktown Gang, a violent street gang operating on the streets of Syracuse.
As part of his plea, WILLIAMS admitted that the Bricktown Gang operated within the City of Syracuse from at least 2000 through the present and that members of the Bricktown Gang: (1) maintain a specific geographic territory within the City of Syracuse in which only gang members can sell crack cocaine, cocaine and marijuana; (2) protect that exclusive crack distribution territory with violence if necessary; (3) obtain drugs from suppliers in New York City and elsewhere; (4) project a very violent attitude and respond to violence with violence in order to preserve their stature in the gang community; (5) on occasion use hand signs, wear blue colored bandanas and have tattoos, all of which are intended to signify their gang membership; (6) use criteria such as willingness to use violence, ability to sell drugs, and familial connections to determine membership; and (7) routinely carry and use firearms in connection with their gang activity.
This prosecution resulted from a long-term investigation conducted by the Syracuse Gang Violence Task Force, which is comprised of agents and detectives from the following agencies: United States Department of Justice, Bureau of Alcohol, Tobacco, and Firearms (Syracuse Office), the Syracuse Police Department, the Onondaga County Sheriff's Department, the New York State Troopers, and the United States Marshals Service. The Onondaga County District Attorney’s Office also assisted in the investigation.
Further questions or inquiries may be directed to Assistant U.S. Attorney, John M. Katko, who is handling the case, at (315) 448-0672.
Bonesteel Man Pleads Guilty to Sexual Abuse and Sexual Contact ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that Robert Louis Prue, Jr., age 34, of Bonesteel, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 6, 2013 and pled guilty to one count of Sexual Abuse of a Minor and one count of Sexual Contact with a Minor. The maximum penalty upon conviction is 17 years in custody, a $250,000 fine, or both; a mandatory minimum of 5 years up to life of supervised release; and a $200 special assessment.
The convictions stem from incidents that took place between June 22, 2011 and September 22, 2011, when Prue had sexual contact with a minor victim.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Tim Maher.
A presentence investigation was ordered and a sentencing date was set for April 8, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Baltimore “Financial Advisor” Pleads Guilty to Defrauding over 22 Clients of $890,000Read the Press Release
Targeted Older, Retired Homeowners, Some of Whom Lost Their Life SavingsBaltimore, Maryland - Casey Charles, age 33, of Baltimore, pleaded guilty today to mail fraud in connection with a scheme in which he promised to help clients make safe investments when in fact he diverted their money for his personal benefit.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division; and Maryland Attorney General Douglas F. Gansler.
"When something sounds too good to be true, it usually is," said Postal Inspector in Charge Gary R. Barksdale of the US Postal Inspection Service - Washington Division. “Investors should always be wary of unrealistic claims. Postal Inspectors will continue to pursue those criminals who use the mail to further their fraudulent investment schemes."
According to his plea agreement, beginning in 2007, Charles owned a company named Infinite Equity Strategies, LLC which he promoted as a financial strategies company that had not “lost a dime in the recession.” Charles held himself out as a financial specialist and safe money advisor, who could help his clients put their retirement funds into products that would provide “high returns without high risk.” Charles solicited potential clients by using direct mailings, newspaper ads and TV commercials. For these mailings, Charles targeted clients who were retired and/or between the ages of 55 and 80, married, owned their home and had an annual income over $25,000. Charles was not registered with the State of Maryland, nor the Securities and Exchange Commission as an investment adviser.
Charles executed his scheme by using two methods. Under the first method, Charles told his clients to liquidate their current investments and provide him with the funds, so that he could place the money into safer investment accounts with higher returns. However, Charles instead deposited the funds into his own accounts. He used some of the fraudulently obtained funds to invest in risky and unauthorized investments on behalf of his clients, and for his own personal and business expenses, including credit card and mortgage payments. To conceal his scheme, Charles created fraudulent letters and account statements purporting to be from well-known financial products and services providers, in order to lead his clients into believing that he had in fact deposited their money into safe investment products as promised.
The second method used by Charles to defraud his clients involved recommending that his clients open accounts with a reputable self-directed IRA custodian where, he told them, they would be able to have more control over where to invest their funds. After his clients transferred their investment funds, however, Charles submitted forged documents to the trust company, directing it to transfer his clients’ funds to a bank account that he controlled. Charles used most of these funds for his own personal and business expenses.
Charles also concealed his scheme by using new client funds to make “lulling payments” to existing clients who requested to liquidate, or receive distributions from, the investments they thought Charles had set up for them.
As a result of his scheme, Charles defrauded over 22 clients of approximately $890,000 of their retirement funds, which in some cases were their life savings.
Charles faces a maximum sentence of 20 years in prison and a $1 million fine. U.S. District Judge Catherine C. Blake scheduled his sentencing for May 21, 2013, at 9:00 a.m.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Inspection Service - Washington Division and the Securities Division of the Maryland Attorney General’s Office for their work in the investigation, and thanked Assistant U.S. Attorney Tonya N. Kelly, who is prosecuting the case.
Alleged Fugitive for Three Years Makes Initial Court AppearanceRead the Press Release
NEWARK, N.J. – A former Passaic County man who had been a fugitive since being charged in 2009 with multiple crimes in connection with an investigation into several loosely connected Balkan criminal enterprises operating throughout New Jersey, New York, Chicago, Philadelphia, Canada, and the Netherlands made his initial court appearance today, U.S. Attorney Paul J. Fishman announced.
Kujtim Lika, 47, (a/k/a “Timmy”) was arrested by the Toronto Police Department/Toronto Task Force in Canada on May 24, 2012. He had been using the alias “Dashamir Cela” at the time of his arrest. He made his initial appearance today before U.S. Magistrate Judge Madeline Cox Arleo in Newark federal court. He was detained without bail.
Three years ago, the FBI, in conjunction with Immigration and Customs Enforcement (ICE) and Alcohol, Tobacco and Firearms (ATF) charged 26 individuals – including Lika – with numerous crimes, including narcotics and firearms trafficking, money laundering, interstate transportation of stolen property, and criminal conspiracy. The arrests were part of a joint operation between federal agencies that began in late 2003 with targets in Albania, Macedonia, Kosovo, Serbia, Canada, the Netherlands and the United States.
Lika’s case has been featured on the television program “America’s Most Wanted.”
U.S. Attorney Fishman credited the FBI, under the direction of Acting Special Agent in Charge David Velazquez; Immigration and Customs Enforcement (ICE) HSI, under the direction of Special Agent in Charge Andrew M. McLees; special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Acting Special Agent in Charge Donald J. Soranno; and the Waterfront Commission of New York Harbor, under the direction of Commissioner Jan Gilhooly.
The government is represented by Assistant U.S. Attorney David E. Malagold, chief of the Organized Crime/Gangs Unit in Newark.
The charges and allegations against Lika are merely accusations, and the defendant is considered innocent unless and until proven guilty.
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Defense counsel: Miles Feinstein Esq., Clifton, N.J.
Alabama Woman Sentenced to 12 Years in Prison for Running Sophisticated Million Dollar Identity Theft Tax SchemeRead the Press Release
Antoinette Djonret was sentenced today to 144 months in prison for her involvement in two separate tax fraud schemes, the Justice Department and the Internal Revenue Service (IRS) announced. She was also ordered to pay $1,291,658 in restitution. In October 2012, Djonret had pleaded guilty to charges in the two cases. In the first case, Djonret pleaded guilty to charges of conspiracy and aggravated identity theft. She pleaded guilty to filing false tax returns in the second case.
According to court documents from the first case, between October 2009 and April 2012, Djonret and her co-conspirators used stolen identities to file more than 1,000 false tax returns that fraudulently claimed over $1.7 million in tax refunds. Djonret and her co-conspirators filed most of these tax returns from her residence in Montgomery, Ala.
According to court records, Djonret orchestrated this scheme. She obtained stolen identities from multiple sources, including Alabama state databases. She also established an elaborate network for laundering the refund money by recruiting a number of individuals to purchase prepaid debit cards for use in the scheme. The individuals Djonret recruited to launder the refund proceeds recruited other individuals to purchase the debit cards. Djonret and her co-conspirators used the debit cards onto which the fraudulent tax refunds were placed. Three of the co-conspirators she recruited have also pleaded guilty and are currently awaiting sentencing.
Documents introduced as part of the sentencing established that Djonret was also involved in a separate tax fraud scheme. Prior to beginning her identity theft scheme, Djonret worked at a tax return preparation business called Premier Tax, where she prepared false tax returns for clients of the business.
“Sophisticated Stolen Identity Refund Fraud schemes have the potential to harm many taxpayers and put large amounts of public money at risk,” said Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division. “Sentences like the one handed down today are a warning to criminal enterprises that there are severe penalties for committing these types of tax crimes.”
“These identity thieves are becoming more devious, creative, and conniving,” said George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama. “They steal our identities, steal government money, and prey upon our citizens. However, my office is unrelenting. These criminals must be and will continue to be prosecuted in order to obtain justice for our victims from the Middle District of Alabama as well as justice for our nation.”
“Today’s announcement exemplifies IRS Special Agents’ intense focus on the rigorous pursuit of identity theft and refund fraud,” said Richard Weber, Chief IRS Criminal Investigation. “Djonret perpetuated an elaborate scheme driven by insatiable greed and a blatant disregard for the tremendous damage inflicted on innocent victims. Be assured that IRS Criminal Investigation, together with our partners at the U.S. Attorney’s Office, will hold those who engage in similar behavior fully accountable.”
Assistant Attorney General Keneally commended the efforts of Special Agents of IRS - Criminal Investigation, who investigated the case, and Tax Division Trial attorneys Jason H. Poole, Justin Gelfand and Michael Boteler, and Assistant U.S. Attorney Jared Morris, who prosecuted the two cases.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
Alabama Woman Gets 12 Years in Prison for Running Sophisticated Million Dollar Identity Theft Tax SchemeRead the Press Release
Montgomery, Alabama - Antoinette Djonret was sentenced today to 12 years in prison for her involvement in two separate tax fraud schemes, announced George L. Beck, U.S. Attorney for the Middle District of Alabama. Djonret was also ordered to pay $1,291,658 in restitution. In October 2012, Djonret had pleaded guilty to charges in the two cases. In the first case, Djonret pleaded guilty to charges of conspiracy and aggravated identity theft. She pleaded guilty to filing false tax returns in the second case.
According to court documents from the first case, between October 2009 and April 2012, Antoinette Djonret and her co-conspirators used stolen identities to file over 1,000 false tax returns that fraudulently claimed over $1.7 million in tax refunds. Djonret and her co-conspirators filed most of these tax returns from her residence in Montgomery, Ala.
According to court records, Djonret orchestrated this scheme. She obtained stolen identities from multiple sources, including Alabama state databases. She also established an elaborate network for laundering the refund money, recruiting a number of individuals to purchase prepaid debit cards for use in the scheme. The individuals Djonret recruited would often, in turn, recruit yet more individuals to purchase the debit cards. The fraudulent tax refunds obtained by the conspiracy were directed to these prepaid debit cards and Djonret and her co-conspirators would then use the cards to obtain the proceeds. Three of the co-conspirators she recruited have also pleaded guilty and are currently awaiting sentencing.
Documents introduced as part of the sentencing established that Djonret was also involved in a separate tax fraud scheme. Prior to beginning her identity theft scheme, Djonret worked at a tax return preparation business called Premier Tax, where she prepared false tax returns for clients of the business.
“Sophisticated Stolen Identity Refund Fraud schemes have the potential to harm many taxpayers and put large amounts of public money at risk,” said Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division. “Sentences like the one handed down today are a warning to criminal enterprises that there are severe penalties for committing these types of tax crimes.”
“These identity thieves are becoming more devious, creative, and conniving,” said George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama. “They steal our identities, steal government money, and prey upon our citizens. However, my office is unrelenting. These criminals must be and will continue to be prosecuted in order to obtain justice for our victims from the Middle District of Alabama as well as justice for our nation.”
“Today’s announcement exemplifies IRS Special Agents’ intense focus on the rigorous pursuit of identity theft and refund fraud,” said Richard Weber, Chief IRS Criminal Investigation. “Djonret perpetuated an elaborate scheme driven by insatiable greed and a blatant disregard for the tremendous damage inflicted on innocent victims. Be assured that IRS Criminal Investigation, together with our partners at the U.S. Attorney's Office, will hold those who engage in similar behavior fully accountable.”
Assistant Attorney General Keneally commended the efforts of Special Agents of IRS - Criminal Investigation, who investigated the case, and Tax Division Trial attorneys Jason H. Poole, Justin Gelfand and Michael Boteler, and Assistant United States Attorney Jared Morris, who prosecuted the two cases.
Additional information about the Tax Division and its enforcement efforts may be found at justice.gov/tax.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-76179 People Charged for Conspiring to Sell Cocaine, Cocaine Base and Marijuana and Illegal Possession, Use of FirearmsRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that nine defendants were arrested and charged by criminal complaint with narcotics and firearms offenses.
The following individuals are charged with conspiracy to possess with intent to distribute and to distribute 280 or more grams of cocaine base, a quantity of cocaine and a quantity of marijuana:, along with drug related charges: Tyshawn Simmons aka “Ty,” 30; Tashaka Mitchum aka “Sharky”, 22; Marquis McMillian aka “Dap,” 21; Franklin Brock Jr. aka “Little Frank”, 19; Franklin Brock Sr., 39; Patrick Christner, 28; Tina McDonald, 40; Schmillion Weaver, 29; and Ciarra Crane, 23.
Tyshawn Simmons, aka “Ty”, Tashaka Mitchum, aka “Sharky”, and Marquis McMillian, aka “Dap,” are also charged with unlawfully possessing firearms in furtherance of the drug trafficking conspiracy.
The narcotics charge carries a mandatory minimum term of 10 years in prison, a maximum of life, a fine of $10,000,000, or both. The gun charge carries a mandatory minimum of five years in prison, a maximum of life, a fine of $250,000, or both.
In conjunction with the arrests, agents and officers executed six search warrants at four Rochester residences and two vehicles. During these searches, officers seized four firearms, and approximately $2,500 in cash.
Assistant U.S. Attorney Everardo A. Rodriguez, who is handling the case, stated that the charges stem from a long-term investigation into the drug trafficking activities in the Rochester area of Simmons and the other charged defendants. The investigation remains ongoing with respect to potential additional charges and additional defendants.
The criminal complaint is the result of an investigation headed by the Rochester Police Department, under the direction of Chief James Shepard, with assistance from the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division. Other law enforcement agencies assisted in the arrests including the United States Marshal’s Service, under the direction of Marshal Charles Salina and the New York State Division of Parole, under the direction of Charles Bour.
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.
24 Years for Mexican National in Cocaine ConspiracyRead the Press Release
HOUSTON – Jose Manuel Zuniga, 42, a Mexican National residing in Houston, has been sent to federal prison for his conviction on one count of conspiracy to possess with the intent to distribute cocaine, United States Attorney Kenneth Magidson announced today. Zuniga entered a plea of guilty on June 17, 2011.
Today, U.S. District Judge Ewing Werlein Jr. handed Zuniga a total sentence of 292 months in federal prison to be followed by a five-year-term of supervised release. Zuniga’s sentence was enhanced after he was deemed to be a supervisor of criminal activity that involved five or more participants.
From January 2006 to November 2010, Zuniga worked for an organization based in Mexico that was responsible for the transportation and distribution of cocaine into the United States and the return of the proceeds to Mexico. He relied on his co-defendants for the success of his enterprise and was responsible for arranging drivers in the Houston area to transport cocaine to different parts of the United States. Once the drugs arrived in Houston, his drivers would distribute the cocaine throughout Georgia, Arkansas, Alabama and Missouri.
Zuniga was responsible for coordinating and paying individuals to pick up, transport and distribute cocaine while acting under the direction of a co-conspirator. In addition to paying individuals to pick up, transport and distribute drugs, Zuniga would arrange for drivers to transport the drug proceeds, derived from his drug trafficking, back to Mexico. During the period of the conspiracy, Zuniga was responsible for distributing more than 260 kilograms of the schedule II controlled substance cocaine.
To date, four others have been convicted in relation to this case, with sentences thus far ranging from 70 to 120 months.
Zuniga has been in federal custody without bond since his arrest where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case was part of the Organized Crime Drug Enforcement Task Force and was investigated by the FBI and Internal Revenue Service – Criminal Investigation. Assistant United States Attorney Stuart A. Burns is prosecuting the case.
13 More Defendants Added to Indictment Charging Sex Trafficking and Prostituition Ring Operating in SavannahRead the Press Release
SAVANNAH, GA – A superseding indictment, returned yesterday in federal court, has added 13 more defendants for their roles in an alleged sex trafficking and prostitution ring stretching from Mexico to Georgia, to Florida, to the Carolinas, and elsewhere. In total, 25 defendants have now been charged in the superseding indictment, which follows the original 12-defendant indictment returned in January.
The federal charges follow a lengthy investigation dubbed “Operation Dark Night,” which was led by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). In addition to the number of arrests and searches in January 2013, federal authorities rescued a number of women alleged to have been forced into prostitution. The investigation of this cases remains ongoing.
United States Attorney Edward Tarver said, “The superseding indictment adds even more gruesome details to the allegations of an already reprehensible human trafficking ring operating within our very own communities. The U.S. Attorney’s Office and our law enforcement partners will not stop until all of those responsible are brought to justice.”
“The superseding indictment alleges that this sex trafficking ring was even more extensive and ruthless,” said Brock D. Nicholson, special agent in charge of ICE Homeland Security Investigations in Atlanta. “Over a dozen new suspects, including “johns,” have now been added. Of more concern are new allegations that members of this conspiracy arranged to hold some of their victims’ children hostage in Mexico to ensure their compliance as prostitutes in the United States. The investigation in Operation Dark Night will continue until we have rooted out all of the bad actors in this conspiracy and have brought them to justice.” According to allegations in the superseding indictment, some of the defendants would entice women from Mexico and elsewhere to travel to the United States with false promises of the American dream. Once inside the United States, these women were allegedly threatened and forced to commit acts of prostitution at numerous locations in Savannah, Georgia and throughout the southeast. In particular, some members of the conspiracy are alleged to have held children hostage in Mexico to force certain women to engage in prostitution. Women were alleged forced to perform as many as 25 acts of prostitution a day.
Mr. Tarver stressed that an indictment is only an accusation and is not evidence of guilt. The Defendants are entitled to a fair trial, during which it will be the Government’s burden to prove the defendants’ guilt beyond a reasonable doubt.
HSI provides relief to victims of human trafficking by allowing for their continued presence in the United States during criminal proceedings. Victims may also qualify for a T-visa, which is issued to victims of human trafficking who have complied with reasonable requests for assistance in investigations and prosecutions. Anyone who suspects instances of human trafficking is encouraged to call the HSI tip line at 1-866-DHS-2-ICE (866-347-2423) or the Human Trafficking Hotline at 1-888-373-7888. Anonymous calls are welcome.
Operation Dark Night was led by HSI, with assistance from the FBI; the ATF; U.S. Customs and Border Protection (CBP); CBP Air and Marine Operations; Coast Guard Investigative service (CGIS); IRS-Criminal Investigations; the Savannah-Chatham Metropolitan Police Department; the Chatham County Sheriff’s Office; the Garden City Police Department; and, the Chatham County Counter Narcotics Team. Assistant United States Attorneys Tania D. Groover and E. Greg Gilluly, Jr. are prosecuting the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Thursday 7 February 2013
Woman Sentenced for Preparing A False Income Tax ReturnRead the Press Release
HOUSTON - Miranda Gore has been ordered to prison for willfully aiding and assisting in the preparation and presentation of a false U.S. Individual Income Tax Return, United States Attorney Kenneth Magidson announced today along with Lucy Cruz, special agent in charge of IRS-Criminal Investigation (IRS-CI). Gore pleaded guilty Thursday, Oct. 25, 2012.
Today, U.S. District Judge Keith Ellison, who accepted the guilty plea, handed Gore a sentence of 30 months which will be followed by a year of supervised release. Gore agreed at the time of her plea that the relevant conduct for purposes of sentencing in this case is $280,150, which includes the tax loss on the false income tax returns she prepared and the tax loss to the United States on her own 2008 and 2009 U.S. Individual Income Tax Returns. Today, Judge Ellison ordered she pay that amount in restitution.
According to the plea agreement entered in the record of the case, Gore admitted that on the income tax return in question, she willfully claimed a false loss from an alleged interior design business that the taxpayer never had. Gore also admitted she willfully placed on the return a false claim for a First Time Homebuyer’s Credit that the taxpayer was not entitled to claim. Gore admitted that the tax loss to the United States on the false return was $9,352.
Gore further acknowledged she gave the taxpayer client a purported copy of the tax return she prepared differing from the return Gore electronically filed for the taxpayer with the IRS. The return filed with the IRS claimed a tax refund of $9,554, whereas the one given the taxpayer claimed a tax refund of only $2,054. Gore admitted she arranged for the tax refund claimed from the IRS to be put on a cash card. Gore then gave the taxpayer a check for $4,180 for the refund and kept the remainder of the funds on the cash card for herself.
Gore was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
This matter was investigated by IRS-CI and is being prosecuted by Assistant U.S. Attorney Charles J. Escher.
Winner Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Darius Two Eagle, age 20, of Winner, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 5, 2013 and pled guilty to Assault with a Dangerous Weapon. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on October 11, 2012, when Two Eagle assaulted the victim with a bat and rock, with intent to do bodily harm to the victim.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Tim Maher.
A presentence investigation was ordered and a sentencing date was set for May 1, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Wilmington Man Sentenced for Drug TraffickingRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court today OLDEN TERRY, 39, was sentenced by United State’s District Judge Terrence W. Boyle to 295 months imprisonment followed by five years supervised release.
On September 17, 2012, TERRY pled guilty to possession with intent to distribute 28 grams or more of cocaine base, in violation of Title 21, United States Code, Section 841(a) and possessing of a firearm during a drug trafficking offense, in violation of Title 18, United States Code, Section 924(c).
During the month of November, 2011, officers with the Wilmington Police Department conducted two controlled purchases of crack cocaine and powder cocaine from TERRY. After the second controlled purchase, TERRY was immediately arrested and two search warrants were executed--one at the residence where TERRY lived, and the other, a stash house for the drugs. During the execution of the search warrants, law enforcement found a firearm and a small amount of marijuana in the residence. In the stash house, officers found a 157 grams of crack cocaine, along with 45.2 grams of powder cocaine, 370.8 grams of marijuana, and 4 hyrdrocodone pills.
Investigation of this case was conducted by the Wilmington Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Special Assistant United States Attorney Charity Wilson is serving as prosecutor for the government. Ms. Wilson is a prosecutor with the New Hanover County District Attorney's Office. District Attorney Ben David has assigned her to the United States Attorney's Office to prosecute federal Project Safe Neighborhood cases and other violent crime cases.
Wichita Man Sentenced to 25 Years for Robbery, Shooting at PoliceRead the Press Release
WICHITA, KAN. – A Wichita man has been sentenced to 25 years in federal prison for robbing a Kentucky Fried Chicken and shooting at police as he tried to get away, U.S. Attorney Barry Grissom said today.
Paul F. Sifuentez, 56, Wichita, Kan., pleaded guilty to one count of robbery, one count of brandishing a firearm during a robbery, one count of discharging a firearm during a crime of violence and one count of unlawful possession of a firearm after a felony conviction.
In his plea, Sifuentez admitted that on June 7, 2012, he robbed the Kentucky Fried Chicken at 1251 S. Woodlawn in Wichita. During the robbery, he threatened employees with a firearm. He fled the store in a car driven by co-defendant James L. Adamson of Wichita. The getaway car had a personalized tag that read “SAVOY.”
When two officers in a patrol car contacted the robbers near the store,Adamson pulled into a parking lot at the Woodlawn Baptist Church, 960 S. Woodlawn. As one of the officers got out of the patrol car, Sifuentez leaned out of his window and pointed a handgun at her. He fired three shots, shattering the glass on the officer’s car door and narrowly missing the female officer, before he and Adamson drove away.
The getaway car was found abandoned at the Governeour Manor Apartment complex at 7025 E. Lincoln. Sifuentez was arrested after he was found hiding at the apartment complex. Adamson was arrested later when he returned to his home in the 4400 block of east Boston street.
In January, co-defendant James L. Adamson was sentenced to five years in federal prison. He pleaded guilty to one count of aiding and abetting a robbery.Grissom commended the Wichita Police Department, Assistant U.S. Attorney Mike Warner and Assistant U.S. Attorney Aaron Smith for their work on the case.
Wheeling Man Convicted of Illegal Possession of A FirearmRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA — A 28-year old Wheeling, West Virginia, resident who threatened to kill his girlfriend and others with a semi-automatic rifle was convicted this week in Federal court after a two day jury trial.
United States Attorney William J. Ihlenfeld, II announced that JORDAN L. LAUDERMILT was found guilty on Wednesday of being a “Felon in Possession of a Firearm” as a result of his use of a Ruger .22 Caliber Rifle in a domestic dispute on Justice Lane in Ohio County in February of 2011. Evidence presented at trial established that LAUDERMILT demanded a cash payment from his girlfriend and when she refused to comply he threatened to shoot her, her father, and her brother. Ohio County Sheriff’s Deputies responded to the scene and placed LAUDERMILT under arrest after surrounding the house and observing him yell out threats of harm for approximately twenty minutes.
“The deputies from Ohio County deserve tremendous praise for diffusing a very volatile situation and ensuring that no one was injured or killed,” said Ihlenfeld. “This could have turned deadly but did not thanks to the very sound tactics that were used to approach the home and to engage and arrest the suspect.”
LAUDERMILT was prohibited from possessing firearms of any kind due to his prior felony convictions for “Nighttime Burglary” in Ohio County in 2003 and for “Delivery of Heroin” in Brooke County in 2004.
LAUDERMILT, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.
This case was prosecuted by U.S. Attorney Ihlenfeld and Assistant United States Attorney Randolph J. Bernard and in addition to the sheriff’s department it was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Walker County Man Sentenced to Two Years in Prison for Disaster FraudRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Walker County man to two years in prison for fraudulently claiming $30,200 in federal disaster relief funds following the April 2011 tornadoes across North Alabama, announced U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Richard D. Schwein Jr. and Department of Homeland Security, Office of the Inspector General, Special Agent in Charge James E. Ward.
DONNIE LEE BURLESON, 38, must pay $30,200 in restitution to the Federal Emergency Management Agency and serve five years of supervised release after completing his prison term, according to the sentence imposed by U.S. District Judge Sharon Lovelace Blackburn.
Burleson pleaded guilty in June to one count of disaster-benefit fraud for falsely representing to FEMA on May 3, 2011, that he owned a residence in Hackleburg that was destroyed by an April 27, 2011, tornado. Based on Burleson's fraudulent claim, FEMA paid him $30,200 in disaster-relief benefits. The federal funds were paid in connection with the Presidential Disaster Declaration for Alabama that followed the deadly April tornadoes that raked the state, destroying communities in Tuscaloosa, Birmingham, Hackleburg and elsewhere.
Burleson, through his false claim to FEMA, fraudulently diverted disaster benefits to himself that were meant for honest citizens genuinely affected by the storm, the government said in its Sentencing Memorandum. "He sought to parlay the community's devastation and distress into a financial windfall for himself," the memo said.
The FBI and DHS, OIG, investigated the case, which was prosecuted by the U.S. Attorney's Office for the Northern District of Alabama
U.S. Attorney's Office for the Southern District of W.va. Hosts Statewide School Safety SummitRead the Press Release
Summit brings together educators, law enforcement, mental health professionals, and community members; seeks practical, local steps against school violence
CHARLESTON, W.Va. - United States Attorney Booth Goodwin today announced that more than 400 participants from a wide range of professions and government agencies participated in yesterday’s Summit on West Virginia Safe Schools. Goodwin convened the daylong summit to develop practical steps to prevent and prepare for school violence. The summit was held at the state’s Culture Center in Charleston.
"Getting people from all sides of the problem into the same room to discuss solutions is the essential first step toward making our schools safer,” said Goodwin. “Yesterday we brought together law enforcement officials, educators, parents, mental health professionals, and students to exchange ideas and help forge the kind of lasting partnerships that produce real results. We have a tough challenge ahead of us, but the work we did, and the work we’re going to keep on doing, holds lifesaving promise.”
West Virginia native and current Sandy Hook, Connecticut resident Lisa Petrovich sat down with U.S. Attorney Goodwin for a one-on-one conversation about the Sandy Hook tragedy. She offered her personal recollections of several school administrators and teachers who were killed during the December 14, 2012 shooting at Sandy Hook Elementary, where Petrovich was once president of the Parent Teacher Association. Petrovich told attendees that she hopes Americans do not forget Sandy Hook. “Something positive has to happen out of this tragedy,” she said.
West Virginia Superintendent of Schools Dr. James B. Phares, in remarks welcoming summit participants, reiterated the summit’s core message: solutions to school violence must involve more than just the education community and will require cooperation among a wide range of professions and public officials.
The summit’s featured guest speaker was internationally recognized scholar and author Lt. Col. Dave Grossman (ret.). “Children are more likely to die by school violence than every other possible cause of death in schools combined,” Lt. Col. Grossman told the audience. Grossman called for more to be done to protect against school violence. He compared school violence to fatal school fires, which once were commonplace but have been largely eliminated through the universal adoption of fire alarms, fire hydrants and extinguishers, and fire-resistant building materials.Lt. Col. Grossman is an expert on the causes of mass shootings and school violence, as well as a former West Point psychology professor and U.S. Army Ranger.
The summit also featured three panel discussions on school violence. The first of these panels concentrated on how to plan for major incidents of school violence and how to respond if they occur. Panel participants included Maj. Gen. James Hoyer of the West Virginia National Guard; Mark Manchin, Executive Director of the West Virginia School Building Authority; David Hoge, Director of the West Virginia Homeland Security State Administrative Agency; Captain David Lee, Commandant of the West Virginia State Police Academy; and Cabell County Schools Safety Manager Tim Stewart.
The second panel, moderated by Steve Ruby, Counsel to United States Attorney Booth Goodwin, discussed ways to prevent violent attacks from happening in the first place. Panel participants included South Charleston, W.Va. psychologist George Damous; Don Chapman, assistant director of the West Virginia Department of Education’s Office of Healthy Schools; Deputy Scott Jefferson, Wood County Sheriff’s Deputy and Williamstown High School Prevention Resource Officer; Jackie Payne, Director of the West Virginia Division of Child and Adolescent Behavioral Health; and Dr. Christine Schimmel, an assistant professor in the counseling department at West Virginia University’s College of Education and Human Services.
The final panel, led by U.S. Attorney Booth Goodwin, highlighted the perspectives of individuals on the front lines in our schools: principals, teachers, school staff, and students. Panelists were Dr. Jerry Lake, Cabell County Schools; teachers Cari Pauley (Lincoln County Schools) and Susan Brossman (Ohio County Schools); Ashley Donohew, a student at Ripley High School and a U.S. Attorney’s Ambassador for Justice; and Eugenie Taylor, president of the Parent Teacher Organization at Overbrook Elementary School in Kanawha County.
The Summit on West Virginia Safe Schools was co-sponsored by the West Virginia Department of Military Affairs and Public Safety and the West Virginia Division of Justice and Community Services. The summit was also held in partnership with the West Virginia State Police, the West Virginia Department of Education, the West Virginia Center for Professional Development, the West Virginia School Building Authority, and Cabell County Schools.
Officials participating in yesterday’s summit will be compiling a written set of school safety recommendations. Summit officials plan to release the recommendations in the near future. Information will be made available at: www.wvsafeschools.org.
Two Suwanee Correctional Institute Inmates Indicted for Making Hoax Anthrax ThreatsRead the Press Release
Jacksonville, FL - United States Attorney Robert E. O'Neill announces the return by a grand jury of two separate indictments charging Randy C. Johnson (22) and Johnell Ford (21), both inmates of the Florida Department of Corrections, with sending hoax anthrax letters to sitting judges. If convicted, they each face a maximum penalty of five years in federal prison. The federal prison sentences may run consecutive to sentences they are currently serving in state custody.
According to the indictment charging Johnson, in January 2012, Johnson allegedly sent an envelope containing a threatening letter and a substance purporting to be anthrax to a sitting United States Magistrate Judge in Tampa. According to the indictment charging Ford, in August 2012, Ford allegedly sent a threatening letter and a substance purporting to be anthrax to a sitting Florida circuit judge in Tampa. Both individuals were inmates of the Suwannee Correctional Institute at the time of making the hoax threats.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
These cases were investigated by the Federal Bureau of Investigation, the Florida Highway Patrol, and the Jacksonville Sheriff's Office. They will be prosecuted by Assistant United States Attorney Mac D. Heavener, III.
Two Lawyers Admit Structuring $354,000 into Their Attorney Trust AccountRead the Press Release
NEWARK, N.J. – Two lawyers with a Fairfield, N.J., law firm today admitted they structured $354,000 in client funds into their attorney accounts to avoid currency reporting requirements, U. S. Attorney Paul Fishman announced.
Goldie Sommer, 61, of Montville, and Edward Engelhart, 61, of Rockaway, attorneys with the firm of Sommer and Engelhart, pleaded guilty before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court to conspiring to structure transactions to avoid reporting large amounts of currency. They had surrendered to IRS agents in Newark on Nov. 16, 2011.
According to documents filed in this case and statements made in court:
Between Aug. 13, 2010, and Sept. 22, 2010, Sommer and Engelhart made numerous deposits totaling $354,000 into their attorney trust account in large, even dollar amounts. None of these deposits were made in an amount greater than $10,000, the amount that would have triggered the filing of a currency transaction report (“CTR”) with the IRS.CTR forms require disclosure of the identity of the individual who conducted the transaction and the individual or organization for whom the transaction was completed. Many individuals involved in illegal activities, such as narcotics trafficking, tax evasion, and money laundering, are aware of these reporting requirements and take active steps to cause financial institutions to fail to file CTRs in order to avoid detection of the movement of large amounts of U.S. currency. These steps are referred to as “structuring” and involve making multiple cash deposits or withdrawals in amounts of $10,000 or less on the same day or consecutive days in order to avoid the filing of CTRs. Structuring transactions to avoid the filing of a CTR is prohibited by law.
The charge to which Sommer and Engelhart pleaded guilty carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for May 14, 2013.U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Shantelle P. Kitchen in Newark, with the investigation.
The government is represented by Assistant U.S. Attorney Evan Weitz of the U.S. Attorney’s Office Asset Forfeiture and Money Laundering Unit in Newark.13- 071
Defense counsel:
Sommer: Erich H. Jaso Esq., New York
Engelhart: Howard Brownstein Esq., Union City, N.J.Sommer Information
Engelhart InformationTuscola Woman Charged with Embezzling $340,000 from Former Employer, Filing False Tax ReturnsRead the Press Release
Urbana, Ill. – A grand jury today returned an indictment that charges Karyn E. Graham, 43, of Tuscola, Ill., with embezzling more than $340,000 from her former employer, a Champaign county, Ill., farm machinery and implement company, and filing false income tax returns. Graham will be issued a summons to appear in federal court in Urbana for arraignment on a date to be determined by the U.S. Clerk of the Court.
Graham is charged with one count of wire fraud and four counts of filing a false income tax return. The indictment alleges that from 2006 to early 2010, Graham used her position as the accounting manager at Shaff Implement and Shaff Machinery Company to divert approximately $340,000 from the business for her own use and personal benefit. Specifically, the indictment alleges that Graham used the company’s credit card to make personal purchases of approximately $147,000 as well as the company’s Sam’s Club card to make personal purchases totaling more than $51,000; wrote unauthorized checks payable to herself or various payees totaling approximately $69,000; paid approximately $16,000 to her personal credit cards; deposited more than $12,000 in her personal bank accounts; and paid more than $8,500 for her personal cell phone bill.
The indictment further alleges that Graham failed to report money she had fraudulently diverted from Shaff’s accounts when she filed her federal income tax returns for 2006, 2007, 2008, and 2009. Specifically, the indictment alleges that Graham omitted approximately $14,079 from her 2006 return; $25,318 from her 2007 return; $162,394 from her 2008 return; and $141,460 from her 2009 return. The indictment alleges the total estimated additional tax owed as approximately $103,201 for the four-year period.
The charges are the result of an investigation by the Internal Revenue Service Criminal Investigation Division and the Champaign County Sheriff’s Office, in cooperation with Shaff Implement and Shaff Machinery Company. The case is being prosecuted by Assistant U.S. Attorney Eugene L. Miller.
If convicted, the offense of wire fraud carries a maximum statutory penalty of 20 years in prison and fines of up to $250,000. For each count of filing a false income tax return, the penalty is up to three years in prison and fine of up to $100,000. Final sentences are determined by the court. In imposing sentence, the court may consider federal sentencing guidelines, which include a defendant’s criminal history, the amount of loss, and other applicable factors.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Tuscola Woman Charged with Embezzling $340,000 from Former Employer, Filing False Tax ReturnsRead the Press Release
Urbana, Ill. – A grand jury today returned an indictment that charges Karyn E. Graham, 43, of Tuscola, Ill., with embezzling more than $340,000 from her former employer, a Champaign county, Ill., farm machinery and implement company, and filing false income tax returns. Graham will be issued a summons to appear in federal court in Urbana for arraignment on a date to be determined by the U.S. Clerk of the Court.
Graham is charged with one count of wire fraud and four counts of filing a false income tax return. The indictment alleges that from 2006 to early 2010, Graham used her position as the accounting manager at Shaff Implement and Shaff Machinery Company to divert approximately $340,000 from the business for her own use and personal benefit. Specifically, the indictment alleges that Graham used the company’s credit card to make personal purchases of approximately $147,000 as well as the company’s Sam’s Club card to make personal purchases totaling more than $51,000; wrote unauthorized checks payable to herself or various payees totaling approximately $69,000; paid approximately $16,000 to her personal credit cards; deposited more than $12,000 in her personal bank accounts; and paid more than $8,500 for her personal cell phone bill.
The indictment further alleges that Graham failed to report money she had fraudulently diverted from Shaff’s accounts when she filed her federal income tax returns for 2006, 2007, 2008, and 2009. Specifically, the indictment alleges that Graham omitted approximately $14,079 from her 2006 return; $25,318 from her 2007 return; $162,394 from her 2008 return; and $141,460 from her 2009 return. The indictment alleges the total estimated additional tax owed as approximately $103,201 for the four-year period.
The charges are the result of an investigation by the Internal Revenue Service Criminal Investigation Division and the Champaign County Sheriff’s Office, in cooperation with Shaff Implement and Shaff Machinery Company. The case is being prosecuted by Assistant U.S. Attorney Eugene L. Miller.
If convicted, the offense of wire fraud carries a maximum statutory penalty of 20 years in prison and fines of up to $250,000. For each count of filing a false income tax return, the penalty is up to three years in prison and fine of up to $100,000. Final sentences are determined by the court. In imposing sentence, the court may consider federal sentencing guidelines, which include a defendant’s criminal history, the amount of loss, and other applicable factors.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Toledo Man Faces Child Pornography IndictmentRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that an indictment was filed against Matthew A. Butler, age 29, of Toledo, Ohio. The charges relate to receipt, distribution, and possession of child pornography between November 18, 2011 and June 27, 2012.
If convicted, the defendant’s sentence will be determined by the Court after reviewing 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 investigating agency in this case is the United States Secret Service, Toledo, Ohio. The case is being handled by Assistant United States Attorney Alissa M. Sterling
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Operation “Meilky Way” Defendants Sentenced in Methamphetamine Distribution CaseRead the Press Release
Ring Leader Sentenced to 35 Years Imprisonment
Little Rock - Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, and William J. Bryant, Assistant Special Agent in Charge of the Little Rock District Office of the Drug Enforcement Administration (DEA) announced United States District Judge J. Leon Holmes sentenced Michael Meilke, age 38, of Bradford, Arkansas, to 102 months imprisonment for conspiracy to possess with intent to distribute more than 500 grams of methamphetamine, and 60 months imprisonment for possession of a firearm in furtherance of a federal drug trafficking offense, to run consecutive, for a total of 162 months imprisonment, and 5 years supervised release. Also sentenced today was Paul Randall Hussey, age 41, of North Little Rock, Arkansas to 162 months imprisonment with 4 years supervised release for possession with intent to deliver more than 50 grams methamphetamine mixture.
Tuesday, February 5, 2013, Jorge Rojas-Olivera, age 27, of Batesville, Arkansas was sentenced to 35 years imprisonment and 5 years supervised release. Rojas-Olivera previously pled guilty to Count One of the Superseding Indictment which charged Rojas-Olivera and his co-defendants with conspiracy to possess with intent to distribute more than 500 grams of methamphetamine.
Upon the conclusion of the two-day sentencing hearing for Rojas-Olivera, Tuesday, United States District Judge J. Leon Holmes found Rojas-Olivera responsible for more than 15 kilograms of methamphetamine, for possession of a firearm, for making credible threats to use violence, for the offense involving the importation of methamphetamine, for maintaining a premises for the purpose of distributing methamphetamine, and for being an organizer or leader of criminal activity. Judge Holmes denied Rojas-Olivera a reduction for acceptance of responsibility. Additionally, Judge Holmes found that the defendant attempted to obstruct justice by attempting to solicit the murder of a government witness. At the hearing, the United States presented evidence of phone calls between Rojas-Olivera and co-defendants where Rojas-Olivera discussed his methamphetamine distribution activities and drug debts, including calls where Rojas-Olivera threatened to kill a person who owed a drug debt, but law enforcement intervened to avoid any violence.
This investigation targeted a large scale drug trafficking organization distributing multi-pound quantities of methamphetamine in central, north, and northeast Arkansas. The methamphetamine was smuggled from Mexico to Arkansas for distribution. In total, law enforcement seized 13.3 pounds of methamphetamine, 7 vehicles, $163,590, and 5 guns.
"I would like to thank and commend all federal, state and local law enforcement who took part in the investigation of this case," stated Thyer. "It is a high priority to remove meth from our communities. More importantly, that we dismantle the criminal organizations bringing meth into our communities. With the previous sentencings of members of this drug-trafficking organization and the sentencings of Meilke and Hussey today, justice has prevailed to prevent this operation from re-establishing itself. Additionally, the Rojas-Olivera sentence of 35 years reflects law enforcement's intolerance to criminals who lead drug organizations and threaten the administration of justice with violence, particularly violence against potential witnesses."
The superseding indictment, which charged twenty-two (22) individuals, is the result of “Operation Meilke Way,” a multi-agency investigation led by DEA. All 22 defendants have pled guilty, 18 defendants have been sentenced, and 4 defendants are awaiting sentencing.
This case was investigated by the DEA - Little Rock HIDTA Group # 62 composed of Special Agents from DEA and Task Force Officers from the Pulaski County Sheriff’s Department, the North Little Rock Police Department, the Benton Police Department, the Arkansas State Police, and the Jefferson County Sheriff’s Department. Also involved in the investigation was the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Independence County Sheriff’s Office; the Central Arkansas Drug Task Force; the 16th Judicial District Drug Task Force; the Arkansas National Guard; and the Maumelle Police Department. This case is being prosecuted by Assistant United States Attorney Stephanie Mazzanti and Assistant United States Attorney Kristin Bryant.
See attached document for status of individual defendants.
(Status of Defendants )
Three Jacksonville Brothers Convicted of Marriage FraudRead the Press Release
Jacksonville, FL - A federal jury today found Mowafak “Mike” Shahla (43), Antoun “Tony” Chahla (42), and Fadi Chahla (40), who are brothers, guilty of participating in a conspiracy to enter into marriages for the purpose of evading U.S. immigration laws, making false statements to U.S. Citizenship and Immigration Services, and unlawfully attempting to procure naturalization and citizenship. They each face a maximum penalty of 5 years in federal prison for the conspiracy charge and up to 10 years in federal prison for each of the other offenses. The sentencing hearings have not yet been scheduled.
They were indicted on April 26, 2011.
According to testimony and evidence presented at trial, the brothers are Syrian citizens who recruited three U.S. citizens, two sisters and their sister-in-law, to enter into fraudulent marriages. The men entered into the marriages to become legal permanent residents and then citizens of the United States. Mowafak Shahla married in 1999, Antoun Chahla in 2002, and Fadi Chahla in 2005. The three women the brothers married previously pleaded guilty to conspiracy to commit marriage fraud, agreed to cooperate with the investigation, and were each sentenced to two years’ probation.
Shahla, Antoun Chahla, and Fadi Chahla made cash payments to the women, including monthly payments. During part of the conspiracy, payments totaling $3,000 were made to one of the women in exchange for her agreeing to travel to Syria on two occasions. The first trip to Syria was to become engaged to Fadi Chahla, and the second trip was to enter into a fraudulent marriage with him.
Subsequently, Shahla, Antoun Chahla, and Fadi Chahla each made false statements in their applications for legal immigration status and citizenship. They also lied to immigration officers when they were interviewed about their fraudulent marriages. Prior to the interviews with the immigration officer, the couples met to discuss the details of their purported marriages and rehearse the stories they would tell the immigration officer.
Through their fraudulent actions, Shahla, Antoun Chahla, and Fadi Chahla became legal permanent residents of the United States, but the conspiracy was discovered by law enforcement authorities before their citizenship applications were processed. They are now subject to deportation based on their convictions.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services, the Federal Air Marshal Service, and the Federal Bureau of Investigation, with assistance from the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Temple Inland Pleads Guilty in Federal Court to Violation of Clean Water Act and Refuge Act Violation in Fish Kill CaseRead the Press Release
TIN, INC. , d/b/a/ TEMPLE INLAND, a Delaware Corporation located in Austin, Texas, pled guilty yesterday to negligently causing the discharge of a pollutant from its Bogalusa Facility into the Pearl River and to the negligent taking of fish from the Bogue Chitto National Wildlife Refuge, announced United States Attorney Dana Boente.
TEMPLE INLAND pled guilty before U. S. District Court Judge Ivan L. R. Lemelle to a two-count Bill of Information charging it with one misdemeanor count for the negligent violation of the Clean Water Act and one misdemeanor count for the negligent violation of the Refuge Act. The maximum penalty TEMPLE INLAND faces for the CWA violation is a fine of up to $200,000 and a term of probation up to five years. The maximum penalty for the Refuge Act violation is a fine of up to $10,000 per taking. Sentencing has been scheduled for May 1, 2013 at 2:00 PM.
The court documents reflect that the charges stem from a release of a pollutant into the Pearl River in August 2011 which resulted in a large fish kill. TEMPLE INLAND was required by the Louisiana Department of Environmental Quality (LDEQ) and the United States Environmental Protection Agency (EPA), to possess and operate the Bogalusa Facility pursuant to a National Pollutant Discharge Elimination System (NPDES) Permit. The Permit imposed limitations on the amount of pollutants that could be discharged from the Bogalusa Facility into the Pearl River, a navigable water of the United States. Additionally, the Permit required that TEMPLE INLAND maintain a certain Biological Oxygen Demand (BOD) level. BOD directly affects the amount of dissolved oxygen in rivers and streams. The greater the BOD, the more rapidly oxygen is depleted in rivers and streams. This means less oxygen is available to fish and higher forms of aquatic life. The consequences of high BOD are the same as those for low dissolved oxygen: aquatic organisms become stressed, suffocate, and die.
In the early morning hours of August 9, 2011, and again late on August 9, 2011, a piece of equipment called an “evaporator” became clogged. As a result of the clogged evaporator, an extremely excessive quantity of liquor overflowed from the boil-out tank. The liquor flowed out of the containment area to the wastewater treatment plant and effluent pond, and ultimately into the Pearl River. The discharge reached the Pearl River sometime beginning Wednesday, August 10, 2011, and continued to at least Saturday, August 13, 2011, when the Facility was shut down.
TEMPLE INLAND admitted today that the discharge of the liquor resulted in a fish-kill in the Pearl River of over 500,000 fish due to high level of Biological Oxyen Demand (BOD). The sample of the discharge collected on August 12, 2011, recorded the discharge as having a 5-day BOD5 of 116,000 lbs/day exceeding the daily maximum permitted limit of 35,610 lbs/day.
The Bogue Chitto National Wildlife Refuge (Refuge), a federal wildlife refuge created in 1980, encompassing 36,000 acres of the Pearl River Basin, is located northeast of Slidell, Louisiana, in the Eastern District of Louisiana. The southern swampland is one of the least disturbed in the country. The Pearl River and its tributaries run through the Refuge. The National Wildlife Refuge System, comprises a national network of lands and waters for the conservation, management and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans. The National Wildlife Refuge System law enacted by Congress prohibited the disturbance, injury or destruction of property and the taking of fish on a National Wildlife Refuge.
TEMPLE INLAND admitted today that it negligently caused the taking of fish from the Bogue Chitto National Wildlife Refuge. On August 15, 2011, black water, dead fish, and mussels were observed by the United States Fish and Wildlife Service in waters on the Bogue Chitto National Wildlife Refuge. All fish observed were intact and included recognizable species such as catfish, sturgeon and fresh water drum. Mussels were seen intact with their shells floating in the water. Many were floating in the center of the water and others were grouped and caught by branches in the water. The numbers of fresh dead fish and mussels seen in refuge waters within the water body known as the Government Ditch equaled 1,000 or more each.
“This plea agreement is a testament to the hard work of many agencies,” said Peggy Hatch, Secretary for the Louisiana Department of Environmental Quality. “From the beginning of this event when we were in emergency response phase through the investigation, the state and federal government have worked together to reach a conclusion, while also working with the company to ensure the Pearl River remains a healthy waterway.”
“This country’s environmental laws are aimed at keeping inland waterways from becoming dumping grounds for waste materials,” said Ivan Vikin, Special Agent in Charge of EPA’s Criminal Enforcement Program in Louisiana. “The negligent discharge of a pollutant killed a large number of fish, including a protected species of sturgeon. Today’s action is the direct result of the strong working relationship that EPA enjoys with our law enforcement partners at the federal, state, and local level.”
“Protecting the natural resources of Louisiana for the use of sportsmen and future generations is an important mission of this office,” said United States Attorney Boente. “A corporation’s negligent behavior has serious consequences.”
This case was investigated by the United States Environmental Protection Agency- Criminal Investigative Division and the Louisiana Department of Environmental Quality-Criminal Investigative Division, and was prosecuted by Assistant United States Attorneys Dorothy Manning Taylor and Spiro Latsis.(Download Factual Basis )
St. Petersburg Convicted Felon Arrested with Cache of WeaponsRead the Press Release
TAMPA, FL - United States Attorney Robert E. O'Neill announces the arrest of Jason Deon Thomas (31, St. Petersburg) on charges of being a convicted felon in possession of a firearm and ammunition, possession of a machinegun, possession with the intent to distribute cocaine and marijuana, and other firearms offenses. If convicted, Thomas faces a maximum penalty of 30 years in federal prison on the drug charges and 10 years in federal prison on each of the gun charges.
According to the complaint, the St. Petersburg Police Department, along with agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, executed a search warrant at Thomas' residence on February 7, 2013. In the residence law enforcement located twenty-nine firearms, including six assault rifles, five shotguns, seventeen handguns, a machinegun, a silencer, four bullet proof vests, and numerous rounds of assorted ammunition. Law enforcement also recovered marijuana, cocaine, an unknown quantity of prescription drugs, an a large quantity of cash. Thomas has previously been convicted of felony drug trafficking offenses and thus, does not have a right to possess or use firearms or ammunition. The details of the charges and arrest are set forth in the criminal complaint.
An complaint is merely a charge that probable cause exists that a defendant has committed a violation of the federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Josephine W. Thomas.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy led by ATF. United States Attorney Robert E. O’Neill, along with Julie Torres, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
(Download Factual Basis )
St. Joseph’s Medical Center Agrees to Pay $4.9 Million for Medically Unnecessary Hospital AdmissionsRead the Press Release
Baltimore, Maryland - St. Joseph’s Medical Center, a hospital located in Towson, Maryland, has reached a settlement with the United States to pay $4.9 million in connection with its submission of false claims to Medicare, Medicaid, and other federal healthcare programs, the United States Attorney’s Office for the District of Maryland announced today.
This settlement resolves the hospital’s civil liability to the United States under the False Claims Act for the hospital’s voluntary disclosure that from 2007-2009 it engaged in a practice of admitting patients to the hospital unnecessarily. In particular, the hospital disclosed that it admitted patients for short stays - typically 1 or 2 days - that were not warranted by the patient's medical condition, and thereby generated a larger reimbursement than was proper for each patient. Of the $4.9 million to be paid by St. Joseph’s, $4.75 million will go the United States, and $152,406 will go to the State of Maryland, which is also a party to the agreement.
“Medical providers drain the resources of federal and state health care programs when they bill the government for unneeded medical procedures,” said the United States Attorney for the District of Maryland Rod J. Rosenstein.
This resolution is part of the government's emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover more than $10.2 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department's total recoveries in False Claims Act cases since January 2009 are over $14 billion.
Enacted during the Civil War, the False Claims Act is the government’s primary civil tool to combat fraud and abuse in federal programs and procurement. The Act allows the government to recover triple the amount of its actual damages, plus a civil penalty of $5,500 to $11,000 for each false claim.
United States Attorney Rod J. Rosenstein commended the Office of Inspector General of Department of Health and Human Services, the Department of Defense Criminal Investigative Services, the Inspector General for the Office of Personnel Management and the Justice Department’s Commercial Litigation Branch for their resolution of this matter. Mr. Rosenstein also thanked Assistant U.S. Attorney Thomas F. Corcoran, who handled the case.
Serial Bank Robbery Sentenced to 45 Years in Federal PrisonRead the Press Release
A serial bank robber was sentenced today to 45 years in federal prison after having been convicted of four counts of bank robbery and one count of conspiracy to commit bank robbery, announced United States Attorney Barbara McQuade.
McQuade was joined in the announcement by Special Agent in Charge Robert D. Foley, III, Federal Bureau of Investigation.Arthur Payton, 45, was sentenced by U.S. District Judge Lawrence P. Zatkoff in Port Huron, Michigan.
In November 2012, a federal jury convicted Payton for recruiting heroin-addicted prostitutes to rob banks in Oakland and Wayne counties. After the FBI determined that Payton was responsible for the bank robberies, his co-defendant wore a hidden microphone and recorded Payton planning his next set of bank robberies in downtown Detroit. Payton stole approximately $8,000 from the four banks.
This conviction was Payton's third federal conviction. He was convicted in San Diego in the mid-1990s and in Detroit in 2005 for engaging in identical schemes to use drug-addicted prostitutes to rob banks. In 1994, Payton appeared on the Oprah Winfrey Show as a "bank robbing pimp."
“This defendant has returned to the same criminal scheme each time he has been released from prison, preying on vulnerable women at the fringes of society to rob banks,” McQuade said. “This lengthy sentence was necessary because prison is the only thing that prevents him from robbing banks.”
FBI Special Agent in Charge Foley stated, "This case is an example of the FBI's commitment to combat violent crime in the state of Michigan. We will continue to work with our law enforcement partners to stop these illegal acts and ensure dangerous criminals are arrested and prosecuted."
This case was investigated by the FBI, the Livonia Police Department, the Farmington Hills Police Department, the Farmington Police Department, and the Novi Police Department.
AUSAs Doug Salzenstein and Matthew Roth prosecuted the case for the United States.
Sentences for February 01, 2013Read the Press Release
Debbie Ann Bernard, 40, of Casper, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on February 1, 2013, for conspiracy to possess with intent to distribute, and to distribute methamphetamine and cocaine. Bernard conspired with others to distribute 96 ounces of methamphetamine. She was arrested in Casper, Wyoming. She received 60 months of imprisonment, to be followed by four years of supervised release and was ordered to pay a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.
Branden Glenn Hatton, 32, formerly of Evanston, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on February 1, 2013, for being a felon in possession of a firearm. Hatton was arrested in Tennessee. He received 18 months of imprisonment, to be followed two years of supervised release, and was ordered to pay a $400.00 fine and a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Rosebud Woman Sentenced for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota woman convicted of Sexual Abuse was sentenced on February 4, 2013 by U.S. District Judge Roberto A. Lange. Ina Crow Dog, age 48, was sentenced to 72 months in custody, 5 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Crow Dog was indicted by a federal grand jury on March 13, 2012, and pled guilty to the charge on November 5, 2012.
The conviction stems from an incident that took place on or about between December 1, 2010 and December 31, 2010, when Crow Dog and another individual sexually abused a victim.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Crow Dog was remanded to the custody of the U.S. Marshal.
Rosebud Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Sexual Abuse was sentenced on February 4, 2013 by U.S. District Judge Roberto A. Lange. Anthony Fast Horse, age 53, was sentenced to 192 months in custody, 5 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
The conviction stems from an incident that took place on or about between December 1, 2010 and December 31, 2010, when Fast Horse sexually abused the victim.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Fast Horse was remanded to the custody of the U.S. Marshal.
Rosebud Man Pleads Guilty to Burglary and Aiding and AbettingRead the Press Release
United States Attorney Brendan V. Johnson announced that Justin Lee Gabriel, age 21, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 6, 2013 and pled guilty to Third Degree Burglary and Aiding and Abetting. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on September 6, 2012, when Gabriel broke in to the Prairie Hills Square golf club and took U.S. currency from the business.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Tim Maher.
A presentence investigation was ordered and a sentencing date was set for May 6, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rochester Man Sentenced for Failing to Register as a Sex offenderRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that James “Willie” Kimble, 80, of Rochester, N.Y., who was convicted of failing to register as a sex offender, was sentenced to 33 months in prison and five years of supervised release by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant was a Level III sex offender as a result of a conviction for a rape involving a 17 year old Rochester girl in 1981. Kimble was also previously convicted of attempted rape for a case involving a six year old Rochester girl.
In 2009, Kimble became the primary suspect in an unsolved, 1972 rape and murder case involving a blind Rochester woman. Shortly after being contacted by Rochester homicide detectives, the defendant disappeared. He was eventually located by the United States Marshal Service almost a year later living in Sarasota, Florida where he had failed to register as a sex offender. Kimble was returned to New York to stand trial for the murder and was acquitted by a Monroe County jury in March of 2011. He was taken into Federal custody thereafter and has remained in prison.
The sentencing was the culmination of an investigation on the part of the United States Marshals Service under the direction of Marshal Charles Salina and the Rochester Police Department under the direction of Chief James Sheppard.
Real Estate Developer Pleads Guilty to Fraud ChargeRead the Press Release
Little Rock - Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, announced that real estate developer, Roger Stephen Clary, age 60, of Little Rock, pled guilty to mail fraud before United States District Judge J. Leon Holmes today. The remaining four counts of wire fraud were dismissed.
According to the indictment, Clary created a company called Destination Ventures which was to purchase, custom outfit and lease buses. Clary obtained a loan from Banc of America Leasing Corporation (BALC) to fund the purchase and outfitting of the buses. The loan was approved and entered into on May 8, 2008. On the following day, Clary requested that BALC distribute a portion of the loan proceeds to purchase and outfit the buses. However, on the same day, Clary directed the vendor who was to outfit the buses to redistribute the funds once the vendor received them. The vendor complied with the directives from Clary. Consequently, $1,595,000 of the loan proceeds were paid to companies in which Clary had a financial interest but which had no involvement in the purchase, custom outfitting, or leasing of the buses as intended by the loan agreement. The mail fraud count charges Clary with later falsely certifying to BALC that the buses had been custom outfitted.
Clary faces a statutory penalty of no more than 30 years incarceration and/or a fine of $1,000,000 with five years of supervised release. The sentencing date will be determined by the Court at a later date.
The investigation was conducted by the Little Rock Field Office of the Federal Bureau of Investigation. The case was prosecuted by former First Assistant United States Attorney Jane Duke and Assistant United States Attorney Angela Jegley.
Pine Ridge Man Sentenced for Domestic AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man convicted of Domestic Assault by a Habitual Offender was sentenced on January 14, 2013 by Chief U.S. District Judge Jeffrey L. Viken. Daryl Lee Goings, age 46, was sentenced to 10 years of imprisonment, 3 years of supervised release and ordered to pay $100 to the Victim Assistance Fund.
Goings was indicted for Kidnapping and Domestic Assault by a Habitual Offender on February 22, 2012. The charges related to Goings causing substantial injury to a female during a domestic assault at Pine Ridge on September 3 or 4, 2011. He has been convicted on at least two separate prior occasions for Aggravated Assault and Assault Resulting in Serious Bodily Injury. Goings pled guilty to Domestic Assault by a Habitual Offender on September 27, 2012.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Goings was immediately turned over to the custody of the U.S. Marshal.
Pine Ridge Man Sentenced for Domestic AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man convicted of Domestic Assault by a Habitual Offender was sentenced on January 14, 2013 by Chief U.S. District Judge Jeffrey L. Viken. Daryl Lee Goings, age 46, was sentenced to 10 years of imprisonment, 3 years of supervised release and ordered to pay $100 to the Victim Assistance Fund.
Goings was indicted for Kidnapping and Domestic Assault by a Habitual Offender on February 22, 2012. The charges related to Goings causing substantial injury to a female during a domestic assault at Pine Ridge on September 3 or 4, 2011. He has been convicted on at least two separate prior occasions for Aggravated Assault and Assault Resulting in Serious Bodily Injury. Goings pled guilty to Domestic Assault by a Habitual Offender on September 27, 2012.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Goings was immediately turned over to the custody of the U.S. Marshal.
Pine Ridge Man Convicted of Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that Daniel Tobacco, age 19, of Pine Ridge, South Dakota was convicted of sexual abuse following a federal jury trial in Rapid City, South Dakota. This charge carries a maximum penalty of life imprisonment and a $250,000 fine. Tobacco was indicted by a federal grand jury for sexual abuse on June 19, 2012.
The charges stem from Tobacco unlawfully engaging in a sexual act with a female at Pine Ridge on February 23, 2012. This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
The defendant will be sentenced following a presentence investigation. A sentencing date of June 10, 2013 has been ordered. The defendant was remanded to the custody of the U.S. Marshal.
Phoenix Man Pleads Guilty to Stalking a Woman in MarylandRead the Press Release
Baltimore, Maryland - David Charles Richards, age 49, of Phoenix, Arizona, pleaded guilty today to stalking a woman in Maryland.
The guilty plea 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 Richards’ guilty plea, from December 2006 through November 2011, Richards used the internet, telephone, electronic mail and the U.S. mail to stalk a woman in Maryland, including threatening to kill the woman. Richards and the woman had a prior romantic relationship, which the woman described as both troubled and violent.
According to Richards’ plea agreement, after not having any contact with the victim for almost 15 years, in June 2006, Richards contacted the victim’s sister telling her that he still loved the victim but wanted to hurt her. Beginning in July 2006, and during each subsequent year, the victim sought and was granted protective orders forbidding Richards to contact her. On December 11, 2006, the victim discovered that a website had been created in her name, which included a countdown clock to the expiration of the protective order the victim had taken out against Richards and other threatening material. In March of 2008, Richards attempted to purchase a firearm in Arizona, but failed to disclose that he was subject to a protective order. He was denied purchase of a firearm by ATF due to his prohibited person status. In December 2009, Richards mailed a threatening note, along with torn and shredded pieces of the protective orders that had been served upon him, to the victim’s home. Through January 2010, Richards left the victim at least eight voicemails totaling one hour and 40 minutes in length. Richards continued to post threats on websites directed at the victim, including as recently as November 2011. Richards’ long campaign of harassment and threats placed the victim in fear of death and serious harm.
Richards faces a maximum sentence of five years in prison for stalking. U.S. District Judge Ellen L. Hollander has scheduled sentencing for June 24, 2013 at 11:00 a.m. Richards remains detained.
United States Attorney Rod J. Rosenstein praised the FBI agents in Baltimore and Phoenix for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Rachel M. Yasser, who is prosecuting the case.
Ohio Woman Charged with Making False Accusations and Fabricating EvidenceRead the Press Release
NEWARK, N.J. – An Ohio woman who claims she investigates labor unions on behalf of attorneys was arrested today and charged by Complaint with making false accusations against former officers of an international labor union, falsely claiming she was the victim of a shooting, and fabricating evidence to support her false allegations, U.S. Attorney Paul J. Fishman announced.
Debbie Shank Morgan, 54, of Euclid, Ohio, was arrested this morning and made her initial appearance before U.S. Magistrate Judge Madeline Cox Arleo in Newark federal court.According to the Complaint:
In May 2012. Morgan contacted federal agents from the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations (“DOL-OIG”) in New Jersey. The DOL-OIG is a federal law enforcement agency that investigates allegations related to federal crimes, such as bribery and theft, committed by and against labor unions, union officers, and employee benefit plans, among others.She claimed that she was a non-practicing lawyer who investigates crimes associated with labor unions, employee benefit plans, and other alleged violations of federal criminal and civil law. Morgan reported that she had information that a former union officer and his father from an international labor union had committed serious violations of federal law. Morgan alleged that the former union officer had admitted to her that the father had embezzled at least $30 million from a Political Action Committee (“PAC”) associated with the International.
In support of her allegations, Morgan claimed that she had a relationship with the former union officer, and he had sent her numerous incriminating text messages. Morgan “cut and pasted” these alleged text messages, which she claimed were communications between herself and the former union officer, into e-mails and sent them to a DOL-OIG agent in New Jersey.
Federal agents obtained information from the service provider of the phone number provided by Morgan. This information revealed that the phone number had not been in service and was associated with a “land line” or “hard line,” which cannot be used to transmit text messages.In September 2012, Morgan claimed that an unknown individual had fired a weapon at her car in Ohio, but damaged only the mirror. A police officer found no damage or holes in the mirror’s housing.
Morgan is charged with two counts of making false statements (Counts One and Two), each punishable by a maximum of five years in prison and a statutory maximum fine of $250,000. Morgan is also charged with obstruction of justice (Count Three), punishable by a maximum prison term of 20 years and a statutory maximum fine of $250,000
U.S. Attorney Fishman credited special agents of the Department of Labor-Office of Inspector General, under the direction of Special Agent in Charge Robert Panella; and special agents of the U.S. Department of Labor Office of Inspector General Office of Labor Racketeering and Fraud Investigations, Chicago Region, under the direction of Special Agent in Charge James Vanderberg, for their assistance in the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Anthony Moscato of the U.S. Attorney’s Office Organized Crime/Gangs Unit in Newark.
The charges and allegations contained in the Complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.13-070
Morgan Complaint
North Carolina Woman Pleads Guilty to Operating Interstate Prostitution OrganizationRead the Press Release
RICHMOND, Va. – Michelle Matney, 38, of Greensboro, North Carolina, pleaded guilty today to conspiracy to persuade others to travel in interstate commerce to engage in prostitution for her role as the leader of an interstate prostitution organization.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; John P. Torres, Special Agent in Charge for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Washington, D.C.and D.A. Middleton, Chief of Police for the Henrico County Police Divisionmade the announcement after the plea was accepted by United States District Judge Henry E. Hudson. Matney faces a maximum penalty of five years of incarceration when she is sentenced on May 10, 20013.
In a statement of facts filed with her plea agreement, Matney admitted to recruiting and supervising numerous prostitutes from 2010 through 2012. She acknowledged that she would recruit prostitutes to work for her, encourage them to travel to various states other than North Carolina, where she was based, to work as prostitutes, post prostitution advertisements online for them, and set up prostitution appointments with clients. In exchange, Matney received a portion of the earnings that the women made from prostitution. Matney came to the attention of law enforcement after the Henrico County Police Department arrested several women for prostitution who stated that they were working for Matney.
This case was investigated by Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), and Henrico County Police Division. Assistant United States Attorney Jamie L. Mickelson and Roderick C. Young are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Non-Indian from Chimayo Sentenced to Thirty Months in Prison for Robbing Santa Clara Pueblo ManRead the Press Release
ALBUQUERQUE – This morning, a federal judge sentenced David Ralph Martinez, 27, a non-Indian man from Chimayo, N.M., for robbing a Santa Clara Pueblo man on the Santa Clara Pueblo Reservation in Rio Arriba County, N.M. Martinez will serve 30 months in prison followed by three years of supervised release. Martinez also was ordered to pay $148.51 in restitution to the victim of the robbery and $140 to the U.S. New Mexico Credit Union.
Martinez’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Martinez was arrested on a criminal complaint on Aug. 10, 2011, and has been in federal custody since that time. On Aug. 23, 2011, Martinez was indicted and charged with (1) armed robbery and (2) assault with a dangerous weapon in an indictment on Aug. 23, 2011.
On Dec. 6, 2011, Martinez entered a guilty plea to Count 1 of the indictment, charging him with armed robbery. In entering his guilty plea, Martinez admitted robbing an enrolled member of Santa Clara Pueblo on Aug. 11, 2011. Martinez admitted approaching the victim at a credit union ATM located on Pueblo land and taking $140 from the victim by threatening him with a knife.
The Court dismissed Count 2 of the indictment against imposing sentence on Martinez.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Northern Pueblos Agency with assistance from the Santa Clara Tribal Police Department, the Espanola Police Department and the Rio Arriba County Sheriff’s Department, and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
New York Man Pleads Guilty to Attempting to Bomb New York Federal Reserve Bank in Lower ManhattanRead the Press Release
BROOKLYN, N.Y. – Earlier this afternoon, at the U.S. District Court for the Eastern District of New York, Quazi Mohammad Rezwanul Ahsan Nafis, 21, pleaded guilty to attempting to detonate what he believed to be a 1,000 pound bomb at the New York Federal Reserve Bank on Liberty Street in lower Manhattan’s financial district. The charge to which Nafis pleaded guilty, attempting to use a weapon of mass destruction, carries a sentence of up to life imprisonment.
The guilty plea was announced by Loretta E. Lynch, U.S. Attorney for the Eastern District of New York; Lisa Monaco, Assistant Attorney General for National Security; George Venizelos, Assistant Director-in-Charge, FBI, New York Field Office; and Raymond W. Kelly, Commissioner, New York City Police Department (NYPD).
According to today’s guilty plea and documents filed in the case, defendant Nafis, a Bangladeshi national, traveled to the United States in January 2012, intending to fight violent jihad. Nafis attempted to recruit multiple individuals to form a terrorist cell inside the United States. He brought with him digital media containing bomb-making instructions and speeches by Anwar al-Awlaki, a now deceased leader of al-Qaeda in the Arabian Peninsula (AQAP). Nafis also actively sought out al-Qaeda contacts within the United States to assist him in carrying out an attack. Unbeknownst to Nafis, one of the individuals he attempted to recruit was a source for the FBI. During their subsequent investigation, FBI agents and NYPD detectives working with the Joint Terrorism Task Force closely monitored Nafis as he attempted to implement his plan.
Nafis proposed several targets for terrorist attack, including a high-ranking U.S. official and the New York Stock Exchange. Ultimately, Nafis decided to conduct a bombing operation against the New York Federal Reserve Bank. In a written statement he devised to claim responsibility for the terrorist bombing of the Federal Reserve Bank on behalf of al-Qaeda, Nafis wrote that he wanted to “destroy America” and that he believed the most efficient way to accomplish this goal was to target America’s economy. In this statement, Nafis also included quotations from “our beloved Sheikh Osama bin Laden” to justify the killing of women and children that Nafis expected would result from the attack.
During the investigation, Nafis came into contact with an FBI undercover agent who posed as an al-Qaeda facilitator. At Nafis’s request, the undercover agent supplied Nafis with 20 50-pound bags of purported explosives. Nafis then worked to store the material and assemble the explosive device for his attack. Nafis purchased components for the bomb’s detonator and conducted surveillance for his attack on multiple occasions in New York City’s financial district in lower Manhattan. Throughout his interactions with the undercover agent, Nafis repeatedly asserted that the plan was his own and was the reason he had come to the United States.
On October 17, 2012, the day of the planned attack, Nafis met the undercover agent and traveled in a van to a warehouse located in the Eastern District of New York. While en route, Nafis explained to the undercover agent that he had a “Plan B” that involved conducting a suicide bombing operation in the event that the attack was about to be thwarted by the police. Upon arriving at the warehouse, Nafis assembled what he believed to be a 1,000 pound bomb inside the van. Nafis and the undercover agent then drove to the New York Federal Reserve Bank. During this drive, Nafis armed the purported bomb by assembling the detonator and attaching it to the explosives. Nafis and the undercover agent parked the van next to the New York Federal Reserve Bank, exited the van, and walked to a nearby hotel. There, Nafis recorded a video statement to the American public which he intended to release in connection with the attack. During this video statement, Nafis stated: “We will not stop until we attain victory or martyrdom.” Nafis then repeatedly, but unsuccessfully, attempted to detonate the bomb, which had been assembled using the inert explosives provided by the undercover agent. JTTF agents arrested Nafis immediately after he attempted to detonate the bomb.
“As today’s guilty plea shows, the defendant came to this country not to further his studies, but to advance the goals of jihad. Once here, he devoted his energies to refining his plan to disrupt the U.S. economy and kill Americans, and attempting to recruit others to join him. Ultimately, he resolved to commit mass murder in downtown Manhattan through an attack on the New York Federal Reserve Bank, a symbol of America’s economy. With diligence and determination, Nafis attempted to carry out his plan in the name of al-Qaeda. We are committed to protecting the safety of all Americans, including the hundreds of thousands who work in New York’s financial district. We will not wait for our enemies to attack us before using the tools at our disposal to discourage, disrupt, and ultimately, detain them with lengthy terms of incarceration,” stated U.S. Attorney Loretta E. Lynch. “I would like to thank our partners at the FBI, NYPD, United States Secret Service, Immigration and Customs Enforcement/Homeland Security Investigations, New York State Police, the other agencies who participate in the JTTF, and the Department of Justice’s National Security Division for their hard work on this important investigation. I would also like to thank the security teams at the New York Federal Reserve Bank and the New York Stock Exchange for their assistance.”
“Rezwanul Nafis today admitted that he came to America for the purpose of conducting terrorist attacks, that he tried to recruit others into his plans, and that he ultimately concocted and attempted to carry out an attack against the New York Federal Reserve Bank. Thanks to a coordinated undercover law enforcement effort, his plot was thwarted. I applaud the many agents, analysts and prosecutors who helped bring about today’s successful outcome,” said Lisa Monaco, Assistant Attorney General for National Security.
FBI Assistant Director-in-Charge George Venizelos stated, “Nafis admits he came to the U.S. intent on committing jihad, assembled a bomb for that purpose, and attempted to detonate it. Thankfully, among those who stood between him and his goal were a source and an undercover FBI agent. In order to stop those committed to terrorism from conspiring with others who would actually help them, we will continue to use all available tactics, including the use of undercover agents. There is no more important mission.”
NYPD Commissioner Kelly stated, “Nafis is just one of the more recent examples of individuals charged in terrorist plots against targets in New York City. There have been 16 plots against the city that we know of since the World Trade Center Twin Towers were destroyed in 2001. Time and again, individuals intent on making a violent terrorist statement select New York City as their venue. That’s why, as in many other cases, the NYPD cooperated closely with federal prosecutors and the Joint Terrorism Task Force of the FBI to bring Nafis to justice.”
The defendant faces a statutory maximum sentence of life. His sentencing is scheduled for May 30, 2013, at 10:00 AM, before Chief Judge Carol B. Amon, at the federal courthouse in Brooklyn.
The government’s case is being prosecuted by Assistant U.S. Attorneys James P. Loonam and Richard M. Tucker, with assistance from Trial Attorney Bridget Behling of the Justice Department’s Counterterrorism Section.
The Defendant:
Quazi Mohammad Rezwanul Ahsan Nafis
Age: 21
Jamaica, New YorkNampa Man Pleads Guilty to Possessing A Sawed-Off ShotgunRead the Press Release
BOISE – Kenneth Lee Morgan, 51, of Nampa, Idaho, pleaded guilty today in United States District Court in Boise to possession of an unregistered firearm, U.S. Attorney Wendy J. Olson announced.
In court today Morgan admitted that on April 18, 2011, he was in possession of a sawed-off shotgun. According to information presented in court, the Winchester 12 gauge sawed-off shotgun was recovered by law enforcement agents after Morgan sold the shotgun to another individual.
The charge is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years supervised release.
Sentencing is set for April 30, 2013, before the Hon. John C. Coughenour, U.S. District Judge for the Western District of Washington, at the federal courthouse in Boise.
The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, a task force comprised of local and federal law enforcement agencies in the Treasure Valley. The case is being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Montgomery Woman Is Sentenced to 65 Months for Stealing Identities for Tax RefundsRead the Press Release
Montgomery, Alabama - Angeline Austin, 41, of Montgomery, Alabama, was sentenced by U.S. District Judge Myron Thompson to 65 months in federal prison for one count of conspiring to defraud the Government regarding claims, one count of fraud in connection with identification documents, a count of fraud in connection with computers, and of aggravated identity theft, announced George L. Beck, Jr., United States Attorney for the Middle District of Alabama.
Between June 13, 2010 and March 25, 2011, Austin worked for Southern Records Management, Inc., a company that contracts with other companies to manage their business data. As an employee for Southern Records Management, Austin worked at the Troy Regional Medical Center records office. While working at Troy Hospital, Austin stole over 800 names, Social Security numbers, dates of birth, and other personal information from current and former patients of the Troy Hospital. Austin then sold that information to another person for between $6500 and $8000. These stolen identities were then used to file fraudulent tax returns. The IRS, believing the tax refunds were legitimate, deposited the tax refunds from those fraudulent tax returns on pre-paid debit cards, and sent them to people working with Austin. Those people then cashed out the debit cards at various ATM machines.
At the sentencing hearing, one of the victims, whose identity Austin stole, testified that he used to work at a defense contracting company making over $100,000 a year. His job at the defense contracting company required him to maintain a top secret security clearance. As a result of Austin stealing his identity, his credit was severely impacted and his security clearance was suspended. Because his security clearance was suspended, he was fired from his job. He now works at a fast food restaurant making minimum wage. Further, a member of the Air National Guard, his military duties have been scaled back because of the suspended security clearance. The lack of income has severely affected the his family; for example, his wife had to quit nursing school; his daughter, who sings in her school choir, couldn’t go on several choir trips where the family had to pay for the trips; and, his son had to decrease his trips with his sport’s teams.
The Chief Executive Officer (CEO) of Troy Regional Medical Center also testified at Austin’s sentencing hearing. She told the Court that Austin had access to all of Troy Medical Center’s patients’ information because Austin’s job was to provide patients, and other authorized individuals, copies of their medical records. Although Austin was employed by the hospital as a contractor, Troy Medical Center trained her, as they did all hospital employees, about Federal and States laws requiring the protection of patients’ privacy and personal information. The CEO further explained to Judge Thompson that Troy Medical Center has been operating at a loss for years and that the hospital was very concerned that it may be fined over $1.5 million dollars for violations of Federal and State of Alabama health care privacy laws stemming from Austin stealing the patients’ identities. This fine could severely impact the capability to operate the only hospital in Troy.
“These identity thieves are becoming more bold,” said U.S. Attorney Beck. “However, my office is unrelenting, and we will not let up on these criminals. We cannot, and will not, allow these criminals to continue to prey on our citizens.”
"Identity thieves come in all forms, a complete stranger or a neighbor down the street,” stated IRS Criminal Investigation, Special Agent in Charge, Veronica Hyman-Pillot. “Whatever their background, IRS Criminal Investigation and the United States Attorney’s Office are dedicated to identifying, investigating and vigorously prosecuting those individuals who choose to victimize and steal from honest individuals.”
“Identity theft is an ongoing problem in the United States and the Montgomery, Alabama area, unfortunately, is in the top ten of cities where the stolen identities are being used to file fraudulent tax returns,” stated Resident Agent in Charge Clayton Slay, U.S. Secret Service in Montgomery, Alabama. Slay continued by saying, “Austin’s sentencing is the most recent in this case which involved numerous defendants who stole identities from, not only Troy Hospital, but local Montgomery high schools and other hospitals in Montgomery, Alabama, and the Atlanta, Georgia, areas through collusive employees, security guards, and U.S. Postal delivery personnel and resulted in approximately $1.6 million dollars in loss to legitimate tax payers. With the 2013 tax filing season approaching, the U.S. Secret Service, along with the Internal Revenue Service Criminal Investigative division will remain proactive in the investigation of individuals and groups associated with these types of crimes, especially individuals like Austin who abuse positions of trust to commit crimes and ruin the lives of innocent citizens.”
The United States Attorney thanked the United States Secret Service and the Internal Revenue Service, the agencies that investigated the case, and, Todd A. Brown, the Assistant United States Attorney who represented the United States at the sentencing of Austin.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Mission Man Pleads Guilty to Firearm ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Gary Joe Emery, age 27, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 6, 2013 and pled guilty to Felon in Possession of a Firearm. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
On April 13, 2009 Emery was convicted of a felony in United States District Court – District of South Dakota. On June 10, 2012, Emery possessed a firearm at his residence in Todd County, South Dakota.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered and a sentencing date was set for May 6, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.