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12 March 2013
Chester Springs Couple Charged in Tax Refund Scam Involving Stolen Hospital Patient InformationRead the Press Release
PHILADELPHIA - Rafael Henriquez Polanco, 30, and his wife, Yanira Lopez, 27, are charged by information, filed today, with a tax fraud and identity theft scheme in which they sought more than $1.7 million in fraudulent tax refunds, announced United States Attorney Zane David Memeger. Defendant Polanco is separately charged by indictment with possession with intent to distribute 500 grams or more of cocaine, and possession with intent to distribute 28 grams or more of cocaine base (“crack”). Defendant Polanco is an illegal alien from the Dominican Republic, and, prior to his arrest in 2012, he and his wife resided together in Chester Springs, Pennsylvania.
According to the Information, between January 2008 and September 2011, defendants Polanco and Lopez obtained the names, dates of birth, and social security numbers of patients of Community Hospital in Chester, Pennsylvania and Crozer-Chester Medical Center in Upland, Pennsylvania, by paying employees of the hospitals to steal confidential medical forms. Defendants Polanco and Lopez then utilized the stolen identities to file fraudulent individual income tax returns with the IRS claiming fraudulent refunds. In support of the false returns, the defendants allegedly submitted phony Forms W-2 (Wage and Tax Statement) and listed one of several return addresses in Chester, Pennsylvania, or Philadelphia, Pennsylvania, which addresses the defendants controlled. The defendants utilized some of those homes to grow marijuana. The Information further alleges that Polanco and Lopez opened several bank accounts, and paid others to open bank accounts, using false identities for the purpose of depositing the fraudulently procured tax refund checks. Lopez, a former bank teller, utilized her knowledge of bank procedures to further this aspect of the scheme. It is alleged that between February 23, 2009 and September 16, 2011, the defendants caused the United States Department of the Treasury to issue federal tax refund checks totaling $257,710.79.
It is further alleged that between October 26, 2008 and May 18, 2010, defendant Lopez devised a scheme to fraudulently obtain unemployment benefits from the Commonwealth of Pennsylvania. In furtherance of this scheme, Lopez represented to the Commonwealth that she was unemployed, when in fact she was employed full-time at Brandywine Maintenance, Inc., in Spring City, Pennsylvania, where she worked under the alias “Leslie Serrano.”
The defendants are each charged with conspiracy to defraud the government, aggravated identity theft, passport fraud, and presentation of an immigration application containing a false statement. Lopez is additionally charged with wire fraud.
If convicted, defendant Polanco faces 32 years’ imprisonment, including a mandatory two year term of imprisonment, three years supervised release, a $1,000,000 fine, a $400 special assessment, and full restitution. If convicted, defendant Lopez faces 52 years’ imprisonment, including a mandatory two year term of imprisonment, three years supervised release, a $1,250,000 fine, a $500 special assessment, and full restitution. Forfeiture of all proceeds and all property involved in defendant Lopez’s wire fraud offense also may be ordered.
The case was investigated by the U.S. Department of State Diplomatic Security Service, the Department of Labor, the Internal Revenue Service – Criminal Investigations, and Immigration and Customs Enforcement Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Kevin Brenner and Maureen McCartney.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Cambridge Springs Man Sentenced to 37 Years in Jail for Child Pornography OffensesRead the Press Release
ERIE, Pa. - A former resident of Cambridge Springs, Pennsylvania, has been sentenced in federal court to 37 years in jail and lifetime supervised release on his conviction of violating federal laws relating to the sexual exploitation of children, United States Attorney David J. Hickton announced today.
United States District Judge Sean J. McLaughlin imposed the sentence on Eric Lee Stafford, 33.
According to information presented to the court, Stafford distributed and possessed computer images depicting minor males engaging in sexually explicit conduct. Prior to the child pornography offenses, Stafford had been convicted of two separate indecent assaults on minor males in Crawford County, Pennsylvania. Stafford also revealed during sex offender treatment, which occurred in between his two indecent assault convictions, that he had sexually assaulted seven other minors. During the investigation the authorities also discovered that Stafford was not in compliance with his Megan's Law registration requirements.
Prior to imposing sentence, Judge McLaughlin stated that Stafford's conduct was "particularly egregious" and was coupled with a "very troubling criminal history." Judge McLaughlin also stated his belief that Stafford is a "predatory pedophile who is not deterred by his previous incarcerations."
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation and the Pennsylvania State Police for the investigation leading to the successful prosecution of Stafford.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Business Owner Sentenced for Failure to Pay Withholding TaxesRead the Press Release
MINNEAPOLIS –Yesterday in federal court, an owner of ATT Home Health Care, Inc., which provided general household services to clients, was sentenced for failing to account for and pay over to the Internal Revenue Service (“IRS”) federal income taxes and FICA contributions withheld from employee paychecks. On March 11, 2013, United States District Court Judge David S. Doty sentenced Tony Nghia Nguyen to five years of probation and 30 days home detention on one count of failure to account for and pay over withheld taxes. Nguyen was indicted on August 1, 2011, and pleaded guilty on August 1, 2012.
In his plea agreement, Nguyen admitted that from July 1, 2006, through June 30, 2007, he failed to provide the IRS with the taxes withheld from employee pay or file the required tax forms, even though he was responsible for doing so. Those taxes included federal income taxes as well as FICA contributions, made up of social security or Medicare payments. As a result of Nguyen’s actions, the federal government, through the IRS, lost well in excess of $287,000 in income taxes and FICA payments due.
This case was the result of an investigation by the IRS Criminal Investigation. The case was prosecuted by Assistant U.S. Attorneys Benjamin F. Langner and Robert M. Lewis.
Per U.S. Department of Justice policy, the U.S. Attorney’s Office is not allowed to provide the age and city of residence for defendants charged in criminal tax cases.Boise Man Pleads Guilty to Illegally Possessing FirearmRead the Press Release
BOISE – Travis Gayle Smith, 40, of Boise, Idaho, pleaded guilty today in United States District Court to unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, on January 19, 2005, Smith was convicted of aggravated battery in Ada County, Idaho, and sentenced to ten years in prison. In November 2010, Smith was paroled and released from custody with the condition that he submit to a search of his residence at any time by any agent of field and community services. On July 20, 2012, a Probation and Parole officer, assisted by the Ada County Sheriff’s Office, conducted a search of Smith’s residence and located a Mossberg 12 gauge slide-action shotgun and ammunition. According to the plea agreement, Smith admitted the gun was his and that he had purchased it approximately one month prior to the search. Smith is prohibited from possessing firearms due to his prior felony conviction.
The charge of unlawful possession of a firearm is punishable by up to ten years in prison, a maximum fine of $250,000, and at least three years of supervised release. The government is seeking forfeiture of the firearm.
Sentencing is set for June 4, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by the Idaho Department of Correction Probation and Parole, Ada County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 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.
Armenian National Sentenced to 41 Months in Prison for Role in Health Care Fraud ConspiracyRead the Press Release
BRUNSWICK, GA: KHOREN GASPARIAN, 30, an Armenian national, was sentenced last Friday by Chief United States District Court Judge Lisa Godbey Wood to 41 months in prison for his role in a conspiracy to defraud Medicare through phony medical businesses in Savannah, Georgia.
GASPARIAN, who at the time of these offenses was in the United States on an expired Visa from Armenia, previously pleaded guilty to a conspiracy to defraud Medicare. According to the evidence presented at GASPARIAN’s guilty plea and sentencing hearings:
From 2008 through 2010, GASPARIAN and others opened medical equipment companies in Savannah, Georgia, known as Healthy Family, SOJ Group and Savana Medical. Once opened, GASPARIAN and his cohorts stole the identities of hundreds of Medicare beneficiaries; stole the identities of dozens of doctors; and, used this stolen information to submit hundreds of thousands of dollars in phony claims to Medicare for health care services that were never provided. GASPARIAN and others used the stolen identities of doctors and patients from multiple different states, including Alaska, California, New York, and Ohio, and even submitted claims for people that were dead at the time they were alleged to have been provided medical equipment. GASPARIAN was also connected with at least two other phony health care businesses located in California and New Mexico. He was responsible for approximately $1 million worth of fraudulent claims submitted to Medicare.
United States Attorney Edward J. Tarver said, “Medicare fraud affects every American taxpayer. The United States Attorney’s Office has aggressively pursued healthcare fraudsters from around the world who’ve attempted to set up shop here in the Southern District of Georgia. The risk of detection is high for those who submit fraudulent claims to Medicare and the penalty will be substantial.”
“Criminals who steal from Federal health care programs and taxpayers will be prosecuted to the fullest extent of the law,” said Derrick L. Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General for the Atlanta region. “The Office of Inspector General and our law enforcement partners will continue to aggressively pursue these thieves to ensure they are held accountable.”
Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office, stated: “The FBI will continue to work with its various law enforcement partners to identify, investigate, and bring forward for prosecution those individuals such as Mr. Gasparian who would steal funds from much needed federal programs such as Medicare.”
In addition to being sentenced to 41 months in prison, GASPARIAN was ordered to pay restitution in the amount of $182,735, and to serve 3 years of supervised release upon completion of his prison sentence. There is no parole in the federal system. At the time of his guilty plea in Georgia, GASPARIAN was serving a prison sentence based on his guilty plea to a health care fraud offense in the United States District Court for the District of New Mexico. After GASPARIAN finishes serving his prison sentences, he will face immigration proceedings that will likely result in his deportation to Armenia.
The prosecution of GASPARIAN in the Southern District of Georgia is part of a multi-jurisdictional investigation involving more than $200 million worth of phony claims submitted to Medicare. More than 35 defendants were arrested as part of this investigation. in addition to the Southern District of Georgia, numerous charges were filed in New York, Los Angeles, Cleveland and Albuquerque.
The investigation in the Southern District of Georgia was the result of a multi-agency team of federal, state and local agents, led by the Federal Bureau of Investigation (FBI), the Department of Health and Human Services, Office of the Inspector General (HHS/OIG), and Immigration and Customs Enforcement (ICE), working together to combat health care fraud. Assistant United States Attorney Brian T. Rafferty prosecuted 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.
Annandale Accountant Pleads Guilty to Tax FraudRead the Press Release
ALEXANDRIA, Va. – Stanley Kyungjin Cho, 50, of Annandale, Va., pleaded guilty today to two counts of felony tax fraud in connection with his personal income taxes and his accounting and tax preparation business, “Kyung Jin Cho, C.P.A., P.C.”
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and Thomas J. Kelly, Special Agent in Charge of the Internal Revenue Service Criminal Investigation’s Washington, D.C., Field Office, made the announcement after the plea was accepted by United States District Judge Leonie M. Brinkema.
Cho faces a maximum penalty of three years in prison on each count when he is sentenced on June 7, 2013.
In a statement of facts filed with his plea agreement, Cho admitted to knowingly making false statements in his personal income tax returns for tax years 2008 through 2011. The false statements resulted in Cho underpaying his federal income taxes by approximately $262,000. Cho also admitted that, during the same three year period, he knowingly falsified a significant number of tax returns for his clients, resulting in additional losses to the federal government of at least $157,000.
This case was investigated by the Internal Revenue Service. Assistant United States Attorney Kosta S. Stojilkovic is 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.Angelina County Man Sentenced for Purchasing Cold Pills in East TexasRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A45-year-old Lufkin, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Mark Dwaine Helton pleaded guilty on Oct. 31, 2012, to possession of pseudoephedrine with intent to manufacture methamphetamine and was sentenced to78 months in federal prison today by U.S. District Judge Ron Clark.
According to information presented in court, on Oct. 12, 2011, Helton purchased cold pills containing pseudoephedrine at a Walmart store in Lufkin with the intent to manufacture methamphetamine. During the investigation, it was determined that from August 2011 to April 2012, Helton purchased cold pills containing pseudoephedrine on seven separate occasions from a Lufkin Wal-Mart, once from a Nacogdoches, Texas CVS pharmacy and eight separate times from a Lufkin Walgreens pharmacy. The average person attempting to correct sinus de-congestion problems is believed to purchase only one or two boxes of the product per year. Helton and seven others were indicted on Aug. 15, 2012 and charged with federal drug trafficking violations.
This case was investigated by the FBI, Texas Department of Public Safety Criminal Investigations Division and the Lufkin Police Department and prosecuted by Assistant U.S. Attorney Randall L. Fluke.Anderson SentencingRead the Press Release
BATON ROUGE, LA – United States Attorney Donald J. Cazayoux, Jr. announced that RAMON ANDERSON, age 54, was sentenced to 84 months imprisonment on charges of possession of a gun by a convicted felon and failure to register as a sex offender under the Sex Offender Notification and Registry Act (known as SORNA). ANDERSON was also sentenced to 5 years supervised release after imprisonment.
ANDERSON’S sentence this morning follows a jury trial on the gun charge in June 2012 and a guilty plea in July 2012 on the failure to register charge. At trial, officers of the Baton Rouge Police Department described how a routine traffic stop in September 2008 for a driving infraction led to ANDERSON’S arrest for felon in possession of a firearm. After a three-day trial in which ANDERSON denied possessing the firearm, the jury convicted ANDERSON of the gun charge.
Following the gun trial, ANDERSON later pled guilty to the charge of failure to register as a sex offender. He admitted that he had been previously convicted of rape in Mississippi in 1985 and had been living unregistered in a Baton Rouge apartment complex since early January 2011. ANDERSON came to the attention of authorities in March 2011 based upon a tip to Louisiana State Probation and Parole. The state probation officer provided the information to East Baton Rouge Sheriff’s Office deputies who were also members of the Marshals-led Sex Offender Locate and Arrest Team (SOLAT) in Baton Rouge. Authorities investigating ANDERSON’S failure to register learned that the defendant had also falsely registered a relative’s address in Franklin County, Mississippi, during the same time period.
ANDERSON was required to register as a sex offender in Louisiana within 3 days of moving to Louisiana pursuant to SORNA, also known as the AdamWalsh Act. The registration process would have notified ANDERSON’S neighbors of his address and status as a sex offender.
United States Attorney Cazayoux remarked, “ANDERSON’S upward departure in this case sends a message to unregistered sex offenders and felons who unlawfully possess firearms that their crimes will not be perceived as mere paperwork violations. The 84-month sentence should be a wake-up call to sex offenders who live unregistered in our district, as well as to felons who unlawfully possess firearms.”
The investigation of this matter was conducted by the U.S. Marshals Service, the East Baton Rouge Parish Sheriff’s Office, the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Baton Rouge Police Department. The case was prosecuted by Assistant United States Attorneys Susan Amundson, Chris Dippel, and Cam Le.
10 Indicted on Drug and Firearms ChargesRead the Press Release
PITTSBURGH, Pa. - Eight residents of western Pennsylvania and two residents of Detroit, Mich., have been indicted by a federal grand jury in Pittsburgh on charges of violating federal drug and firearms laws, United States Attorney David J. Hickton announced today.
The 16-count superseding indictment names:
- Javon Harvey, 36, formerly West Bloomfield, Mich., and currently incarcerated;
- Terrell Williams, 33, of Pittsburgh, Pa.;
- Carl Thompson, 34, formerly of Detroit, Mich., and currently incarcerated;
- Demetrious Levy, 42, formerly of Washington, Pa., and currently incarcerated;
- Keontae Spears, 29, formerly of North Versailles, Pa., and currently incarcerated;
- Tierone Barnes, 30, formerly of Washington, Pa., and currently incarcerated;
- Brandon Wise, 29, formerly of Washington, Pa, and currently incarcerated;
- Ronald Glass, 42, of Washington, Pa.;
- Jamie Argyle, 24, of Duquesne, Pa., and currently incarcerated; and
- Donte Newton, 28, formerly of Monessen, Pa., and currently incarcerated.
According to the superseding indictment, from in and around June 2011 and continuing thereafter to in and around May 2012, Harvey, Williams, Thompson, Levy, Spears, Barnes, Wise, Glass, Argyle, and Newton conspired to distribute and possess with intent to distribute one kilogram or more of heroin. Additionally, Levy is charged with nine separate instances of distributing less than 100 grams of heroin in and around Washington, Pa.; Demetrious Levy, Keontae Spears, and Brandon Wise are charged with one count each of possession of a firearm and/or ammunition by a convicted felon; and Javon Harvey, Demetrious Levy, and Brandon Wise are charged with one count each of possession of a firearm in furtherance of a drug trafficking crime.
The law provides for a sentence of not less than 10 years to a maximum of life in prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Barbara K. Swartz is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation leading to the superseding indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
11 March 2013
Woman Sentenced for Theft of Public Money from FEMARead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a 62-year-old woman was sentenced for stealing $8,600 in disaster relief from the Federal Emergency Management Agency (“FEMA”). United States District Court District Court Judge Donovan W. Frank sentenced Rena McCarter, of Kenner, Louisiana, to three years of probation on one count of theft of public money. In addition, McCarter was ordered to serve 50 hours of community service and pay $8,600 in restitution. McCarter was charged on October 2, 2012, and pleaded guilty on October 26, 2012.
In her plea agreement, McCarter admitted that on September 16, 2005, she told FEMA that she resided in New Orleans when Hurricane Katrina hit the Gulf Coast, that her apartment and personal property had been damaged by the disaster, and that she needed emergency assistance for housing, food, and clothing. However, McCarter was residing in Minnesota when Hurricane Katrina hit on August 29, 2005. In fact, McCarter lived in housing subsidized by the Minnesota Metropolitan Council from October 2004 through September 2009.
On June 23, 2008, McCarter faxed a fraudulent application to FEMA requesting disaster relocation assistance. Based on McCarter’s fraudulent application, FEMA gave her a $1,458 grant. In total, McCarter received $8,600 in disaster assistance funding from FEMA that she was not entitled to have because she did not reside in the area affected by Hurricane Katrina.
This case was the result of an investigation by the U.S. Department of Housing and Urban Development, with cooperation of the Justice Department’s Hurricane Katrina Fraud Task Force. It was prosecuted by Assistant U.S. Attorneys John E. Kokkinen and Lola Velazquez-Aguilu.Woman Sentenced for Theft of Public Money from FEMARead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a 62-year-old woman was sentenced for stealing $8,600 in disaster relief from the Federal Emergency Management Agency (“FEMA”). United States District Court District Court Judge Donovan W. Frank sentenced Rena McCarter, of Kenner, Louisiana, to three years of probation on one count of theft of public money. In addition, McCarter was ordered to serve 50 hours of community service and pay $8,600 in restitution. McCarter was charged on October 2, 2012, and pleaded guilty on October 26, 2012.
In her plea agreement, McCarter admitted that on September 16, 2005, she told FEMA that she resided in New Orleans when Hurricane Katrina hit the Gulf Coast, that her apartment and personal property had been damaged by the disaster, and that she needed emergency assistance for housing, food, and clothing. However, McCarter was residing in Minnesota when Hurricane Katrina hit on August 29, 2005. In fact, McCarter lived in housing subsidized by the Minnesota Metropolitan Council from October 2004 through September 2009.
On June 23, 2008, McCarter faxed a fraudulent application to FEMA requesting disaster relocation assistance. Based on McCarter’s fraudulent application, FEMA gave her a $1,458 grant. In total, McCarter received $8,600 in disaster assistance funding from FEMA that she was not entitled to have because she did not reside in the area affected by Hurricane Katrina.
This case was the result of an investigation by the U.S. Department of Housing and Urban Development, with cooperation of the Justice Department’s Hurricane Katrina Fraud Task Force. It was prosecuted by Assistant U.S. Attorneys John E. Kokkinen and Lola Velazquez-Aguilu.Wheeling Resident Enters Plea to Firearms ChargeRead 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 resident entered a plea of guilty on March 5, 2013, in United States District Court in Wheeling before Judge Frederick P. Stamp, Jr.
United States Attorney William J. Ihlenfeld, II, announced that: WILLIAM TORRES a/k/a “BILLY,” entered a plea of guilty to“Felon in Possession of a Firearm.” 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. TORRES, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.
The case was prosecuted by USA Ihlenfeld and Assistant United States Attorney Stephen L. Vogrin and investigated by the Bureau of Alcohol, Tobacco Firearms and the Wheeling Police Department.
Westover Resident Sentenced for Failure to Register as Sex OffenderRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA - A 33 year old West over, West Virginia, resident was sentenced on March 6, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
United States Attorney William J. Ihlenfeld, II, announced that: KEITH A. VALENTINE was sentenced to 21 months imprisonment to be followed by six years of supervised release. VALENTINE entered a plea of guilty on November 7, 2012, to Failure to Register and Update Registration as a Sex Offender from April of 2011 to June 27, 2012. VALENTINE was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney David J. Perri and investigated by the United States Marshals Service.
Webster City Woman to Federal Prison for Methamphetamine Manufacturing ConspiracyRead the Press Release
A woman who conspired to manufacture and distribute methamphetamine was sentenced March 6, 2013, to fourteen years in federal prison.
Alicia Mofle, 25, from Webster City, Iowa, received the prison term after a November 8, 2012, guilty plea to one count of conspiracy to manufacture and distribute actual (pure) methamphetamine; one count of manufacturing or attempting to manufacture actual (pure) methamphetamine within 1000 feet of a protected location, namely Nakomis City Park, Webster City, Iowa.
At the guilty plea, Mofle admitted that from January 2012 through May 2012, he and others manufactured at least 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs and prescription records obtained in the investigation, starting in January 2012 through May 2012, Mofle acquired more than 158 grams of pseudoephedrine for the manufacture of methamphetamine which included 100 grams of pseudoephedrine purchased through prescription. On April 24, 2012, law enforcement officers executed a search warrant at Kern’s residence. Officers seized multiple reaction vessels from the basement of the residence and outside trash indicative of a methamphetamine manufacturing lab. Officers also seized 11 prepackaged baggies of methamphetamine totaling 3.5 grams, ½ gram of methamphetamine was “drying” and 1 bag (½ gram) was found on the ground outside the residence, for a total of 4.5 grams of methamphetamine.
The evidence established that Mofle’s 4-5 year old child had been present when Mofle and others used methamphetamine as well as when methamphetamine manufacturing took place at the residence, thereby exposing the child to a substantial risk of harm to the, including the harm from toxic chemical fumes that proliferated throughout the house during this process.
Mofle was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Mofle was sentenced to 168 months’ imprisonment. A special assessment of $200 was imposed. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Mofle is being held in the United States Marshal’s custody until he can be transported to a federal prison.The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Webster City Police Department, Hamilton County Sheriff's Office, and the Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3028.
Webster City Man to Federal Prison for Methamphetamine Manufacturing ConspiracyRead the Press Release
A man who conspired to manufacture and distribute methamphetamine was sentenced March 8, 2013, to more than seventeen years in federal prison.
Ryan Kern, 44, from Webster City, Iowa, received the prison term after a November 8, 2012, guilty plea to one count of conspiracy to manufacture and distribute actual (pure) methamphetamine; one count of manufacturing or attempting to manufacture actual (pure) methamphetamine within 1000 feet of a protected location, namely Nakomis City Park, Webster City, Iowa; and one count of possession of pseudoephedrine with the intent to manufacture methamphetamine.
At the guilty plea, Kern admitted that from January 2012 through May 2012, he and others manufactured at least 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs and prescription records obtained in the investigation, starting in January 2012 through May 2012, Kern and others involved acquired more than 300 grams of pseudoephedrine for the manufacture of methamphetamine which included 100 grams of pseudoephedrine purchased through prescription. On April 24, 2012, law enforcement officers executed a search warrant at Kern’s residence. Officers seized multiple reaction vessels from the basement of the residence and outside trash indicative of a methamphetamine manufacturing lab. Officers also seized 11 prepackaged baggies of methamphetamine totaling 3.5 grams, ½ gram of methamphetamine was “drying” and 1 bag (½ gram) was found on the ground outside the residence, for a total of 4.5 grams of methamphetamine.
The evidence established that a 4-5 year old child had been present when Kern and others used methamphetamine as well as when methamphetamine manufacturing took place at the residence, exposing the child to a substantial risk of harm , including from toxic chemical fumes that proliferated throughout the house during this process.
Kern was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Kern was sentenced to 210 months’ imprisonment. A special assessment of $300 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Kern is being held in the United States Marshal’s custody until he can be transported to a federal prison.The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Webster City Police Department, Hamilton County Sheriff's Office, and the Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3028.
Waterbury Man Pleads Guilty to Federal Child Pornography OffenseRead the Press Release
March 11, 2013David B. Fein, United States Attorney for the District of Connecticut, announced PAUL D’AMBROSIO, 49, of Waterbury, waived his right to indictment and pleaded guilty today before United States District Judge Janet Bond Arterton in New Haven to one count of receipt and distribution of child pornography.
According to court documents and statements made in court, on August 8, 2012, a Hartford Police detective assigned to the Connecticut Child Exploitation Task Force logged into a publicly available Internet file sharing program and downloaded approximately 50 images and 10 videos of child pornography from shared directories maintained by D’AMBROSIO. On August 30, 2012, Task Force agents searched D’AMBROSIO’s residence and seized a laptop computer and related components. A forensic search of the computer revealed more than 600 images and videos of child pornography, including images of children under the age of 12 engaged in sexually explicit conduct and images of children engaging in sadistic or masochistic conduct.
Judge Arterton has scheduled sentencing for June 3, 2013, at which time D’AMBROSIO faces a maximum term of imprisonment of 20 years and a fine of up to $250,000.
D’AMBROSIO has been released on bond under electronic monitoring by the United States Probation Office since his arrest on August 30, 2012.
This matter was investigated by the Federal Bureau of Investigation and the Connecticut Child Exploitation Task Force, which includes federal, state and local law enforcement agencies, including the Hartford Police Department. The Waterbury Police Department also assisted the investigation. The case is being prosecuted by Assistant United States Attorney Sarala V. Nagala.
The Connecticut Child Exploitation Task Force, which is housed at the main FBI office in New Haven, investigates crimes against children occurring over the Internet, and provides computer forensic review services for participating agencies. For more information about the Task Force, or to report child exploitation crimes, please contact the FBI at 203-777-6311.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Washington, D.C. Resident Convicted on Drug ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA — A 37 year old Washington, D.C. resident was convicted on March 8, 2012, by a Martinsburg jury on four counts. The trial lasted three days, concluding late afternoon Friday afternoon. Judge Gina M. Groh presided over the trial.
United States Attorney William J. Ihlenfeld, II, announced that: TERRENCE JOHNSON a/k/a “FREAK,” was convicted on two counts of “Distribution of Cocaine Base,” one count of “Possession with Intent to Distribute More than 28 Grams of Cocaine Base,” and one count of “Possession with Intent to Distribute Heroin.”
JOHNSON, who is free on bond pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine on the two counts of distribution of cocaine base and the one count of possession with intent to distribute heroin; and, at least 5 and up to 40 years imprisonment and a $5,000,000 fine for the possession with intent to distribute more than 28 grams of cocaine base.
This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
Wanblee Man Sentenced for Controlled Substance DistributionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota man convicted of Distribution of a Controlled Substance was sentenced on February 25, 2013 by Chief U.S. District Judge Jeffrey L. Viken.
Roger Bettelyoun, age 57, was sentenced to time served, 2 years' supervised release, and a $100 special assessment to the Victim Assistance Fund.
On September 24, 2011, Bettelyoun illegally sold marijuana cigarettes. Bettelyoun pleaded guilty to the charge on November 28, 2012.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Upcoming Fraud Conference in Fort Myers to Arm Consumers with Information to Protect Themselves from Fraud SchemesRead the Press Release
Fort Myers, FL - United States Attorney Robert E. O'Neill announces that his office, in conjunction with the Federal Bureau of Investigation, the Federal Reserve Office of the Inspector General, the Internal Revenue Service - Criminal Investigation, the Lee County Sheriff's Office, the United States Postal Service, and the United States Secret Service will host a fraud conference for the general public on Thursday, March 14, 2013, (10 a.m. to 3:30 p.m.). The conference will be held at the Crowne Plaza Fort Myers, Bell Tower Shops, located at 13051 Bell Tower Drive, Fort Myers, Florida 33907. Admission and parking are free.
Investor fraud, tax fraud, and healthcare fraud are serious national problems. Our country's recent financial crisis has resulted in an unprecedented rise in investment fraud schemes, tax fraud, and other financial crimes, involving thousands of victims and staggering losses. Southwest Florida has been at the epicenter of the economic crisis and the number of financial crimes committed against the members of our community is rising at an alarming rate. The United States Attorney's Office and its federal, state, and local law enforcement partners are hosting this conference to educate the public about the fraudulent schemes that are being perpetrated in our region and to provide information on resources and strategies to protect citizens from becoming a victim of these types of crime.
Members of the public and media are invited to attend all sessions of the conference. Participants are also welcome to attend individual sessions. Admission to the conference is free and educational materials will be provided. For more information, contact Brenda Halberg at (239) 461-2200.
This conference is part of the ongoing efforts of the Financial Fraud Enforcement Task Force which was created by President Obama in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. For more information on the task force, visit www.stopfraud.gov.
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U.S. Attorney’s Office Celebrates Annual United States Attorney’s AwardsRead the Press Release
March 11, 2013On Friday, March 8, the United States Attorney’s Office for the District of Connecticut hosted its annual United States Attorney’s Office Law Enforcement Awards Ceremony. The ceremony at the City of New Haven’s aldermanic chambers recognized more than 170 individuals for their investigative efforts in more than two dozen significant federal criminal prosecutions and civil cases in Connecticut over the past year. The cases demonstrate the broad variety of work performed by local, state and federal law enforcement agencies in Connecticut. Several unit awards and special awards were also presented during the ceremony.
“The cases and individuals recognized are but a sampling of the wide variety of excellent work that has been done by law enforcement in Connecticut,” stated U.S. Attorney Fein. “I congratulate our award recipients, each of whom has served the District and our Nation with distinction and integrity. Their dedication to the cause of justice makes Connecticut a better and safer place to live.”
More than 50 of the award recipients are members of local police departments from across Connecticut.
The Civil Division Unit Award was presented to Andrew Freeman, who recently retired as Deputy Managing Counsel of the U.S. Postal Service’s Northeast Area Law Office. Special Agent John Keaney of the U.S. Department of Housing and Urban Development, Office of Inspector General, received the Financial Fraud and Public Corruption Unit award for his expertise during several mortgage fraud investigations. FBI Supervisory Special Agent Jon S. Hosney received the National Security and Major Crimes Unit Award for his supervision of the FBI’s Joint Terrorism Task Force, and the Violent Crimes and Narcotics Unit Award was presented to a team of individuals who have been instrumental in coordinating “Project Longevity,” a statewide anti-violence initiative that was launched in New Haven in 2012. Award recipients include Assistant Chief Achilles Generoso and Sergeant Al Vasquez of the New Haven Police Department, Connecticut Parole officers Frank Viera and Levonne Perez Sutton, and Connecticut Probation Officers Brian Coco and Leonard Jahad.U.S. Attorney Fein also presented three special awards during the ceremony. Stamford Police Sergeant Richard Gasparino, who was shot and seriously wounded during a drug investigation in December 2010, received the U.S. Attorney’s Medal of Valor; FBI Special Agent James J. Wines, who coordinates the Connecticut Child Exploitation Task Force, received the U.S. Attorney’s Award for Outstanding Investigator, and the U.S. Marshals Service in Connecticut received the U.S. Attorney Award for Outstanding Partnership.
The United States Attorney’s Office is charged with enforcing federal criminal laws in Connecticut, and with representing the federal government in civil litigation in the District. The District is composed of more than 60 Assistant United States Attorneys and approximately 55 staff members at offices in New Haven, Hartford and Bridgeport. Please visit www.justice.gov/usao/ct for more information.
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(203) 821-3722 [email protected]Two Area Men Sentenced for Failing to File Federal Income Tax ReturnsRead the Press Release
Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced the latest sentences given in his office’s ongoing efforts to punish those who cheat their fellow citizens by refusal to pay their fair share of income taxes.
Mozell “Mo” Chaney, 62, of Washington Park, IL, was sentenced in U.S. District Court today for the offenses of failing to file a federal income tax return for 2010 and 2011. Chaney received a sentence of five years’ probation, five months home detention and was ordered to pay $40,442 in restitution to the Internal Revenue Service.
Kenneth Brian Cherry, Sr., 56, of Cottage Hills, IL, was sentenced in U.S. District Court today for the offenses of failing to file a federal income tax return for 2010 and 2011. Cherry received a sentence of five years’ probation, five months home detention and was ordered to pay $30,950 in restitution to the Internal Revenue Service.
Both men are independent truck drivers. Prior to being contacted by the Internal Revenue Service/Criminal Investigations in 2012, Chaney had not filed federal income tax returns since the 2007 tax year and Cherry had not filed since the 2005 tax year.
The prosecutions are the result of investigations conducted by the Internal Revenue Service/Criminal Investigations and are part of an ongoing initiative in the Southern District of Illinois to prosecute individuals who receive substantial income, but willfully fail to file federal income tax returns. The prosecutions were handled by Assistant U.S. Attorney Norman R. Smith.
To report criminal tax fraud, call the I.R.S. Criminal Investigations at (618) 622-2160 or by sending the information to the Internal Revenue Service, Fresno, CA 93888.
St. Paul Man Pleads Guilty to Bank FraudRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a 37-year-old St. Paul man pleaded guilty to fraudulently obtaining funds from several financial institutions. Christopher Terrelle Harness pleaded guilty to one count of bank fraud and one count of aggravated identity theft. Harness, who was indicted on November 20, 2012, entered his plea before United States District Court Judge David S. Doty.
In his plea agreement, Harness admitted that from October 2007 through July 2012, he obtained money from banks by depositing checks, drawn on the accounts of other individuals, that he knew were either stolen or not backed by sufficient funds into fraudulently opened bank accounts in order to deceive the banks into honoring ATM withdrawals from those bank accounts out of the falsely-inflated balances.
Harness also admitted that others, acting at his direction, opened bank accounts at several financial institutions with the intent that those accounts would be used to accommodate the scheme. In addition, Harness admitted that he and others stole checks from other individuals and forged those individuals’ signatures on the stolen checks. Harness admittedly deposited the stolen checks into the fraudulently opened bank accounts using ATMs. After the stolen checks were deposited, cash was withdrawn. In total, the victimized institutions sustained approximate losses of between $30,000 and $400,000.
For his crimes, Harness faces a potential maximum penalty of 30 years in prison on the bank fraud count, and a mandatory minimum penalty of two years on the aggravated identity theft count to run consecutive to any penalty on the bank fraud count. Judge Doty will determine his sentence at a future hearing, yet to be scheduled.
This case is the result of an investigation by the U.S. Postal Inspection Service and the Minnesota Financial Crimes Task Force. It is being prosecuted by Assistant U.S. Attorneys Tracy L. Perzel and Manda M. Sertich.
The Financial Crimes Task Force was established pursuant to state law and is comprised of local, state, and federal law enforcement investigators dedicated to combating the growing problem of cross-jurisdictional financial crimes. The task force, overseen by an advisory board also created under state law, serves the entire District of Minnesota, presenting its cases to county or federal prosecutors, as appropriate.
The task force and the Minnesota U.S. Attorney’s Office want to remind people to protect themselves from identity theft. For more information, visit http://www.stopfraud.gov/protect-identity.html
For more information on how to avoid becoming a victim of identity theft, visit https://postalinspectors.uspis.gov/investigations/MailFraud/fraudschemes/mailtheft/IdentityTheft.aspxShiprock, N.M., Man Pleads Guilty to Second Degree Murder and Attempted Robbery ChargesRead the Press Release
ALBUQUERQUE – Malcolm Altisi, 31, a member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning to second degree murder and attempted robbery charges under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Altisi will be sentenced to 19 years in prison followed by not more than five years of supervised release.
Altisi and his co-defendant, Emery Whitehair, 21, a Navajo man from Shiprock, were charged in an eight-count superseding indictment based on events occurring on Oct. 17, 2011, on the Navajo Indian Reservation. According to court records, on that day, Altisi killed Rolan Joe, a 25-year-old Navajo man, after Altisi and Whitehair attempted to rob another Navajo man. Whitehair is charged with assaulting the robbery victim with a dangerous weapon and causing the victim serious bodily injury. Whitehair also is charged with using a firearm in relation to a crime of violence.
During today’s plea hearing, Altisi admitted that, on Oct. 17, 2011, he attempted to rob a man at his Shiprock home and brandished a firearm at the victim in an effort to compel the victim to give him money. Altisi also admitted shooting Mr. Joe with a .357 revolver later that day when Mr. Joe traveled to Altisi’s residence to confront Altisi about the attempted robbery. Mr. Joe died as a result of the gunshot wound inflicted by Altisi.
Altisi has been in federal custody since his arrest on Nov. 10, 2011, and will remain detained pending his sentencing hearing, which has yet to be scheduled.
Whitehair has entered a not guilty plea to the offenses with which he is charged. The charges against Whitehair are only accusations and he is presumed innocent unless proven guilty beyond a reasonable doubt. Whitehair has been in federal custody since Oct. 18, 2011, and remains detained pending his trial, which is scheduled for April 15, 2013.
The case is being prosecuted by Assistant U.S. Attorneys Jack E. Burkhead and Jennifer M. Rozzoni, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety.
Rodeo Clown Found Guilty of Conspiracy to Grow MarijuanaRead the Press Release
A professional rodeo clown who grew marijuana for over six years was convicted by a jury on March 8, 2013, after a three-day trial in federal court in Cedar Rapids.
Rory Meeks, 55, from Marion, Iowa, was convicted of one count of conspiracy to manufacture marijuana and was acquitted of one count of manufacturing marijuana in April 2011.
The evidence at trial showed that Meeks, who worked as a rodeo clown and bullfighter in local and national rodeos, conspired with others to grow marijuana in rural Jones County from 2004 through 2011. Each spring, Meeks planted marijuana along corn and soybean fields in secluded spots throughout Jones County and then tended the plants throughout the summer. Meeks and others harvested the plants in the fall, processed the plants at a house in Jones County, and then sold the marijuana over the fall and winter. The jury found that Meeks was involved in growing over 1000 marijuana plants between 2004 and 2011.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Meeks was taken into custody by the United States Marshal after the verdict was returned. Meeks faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, a $100 special assessment, and at least 10 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Drug Enforcement Administration, the Jones County Sheriff’s Office, and the Monticello Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-91-LRR.
Rockaway Beach Man Sentenced for Six Bank RobberiesRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Rockaway Beach, Mo., man was sentenced in federal court today for six bank robberies, including two in Columbia, Mo., and Sedalia, Mo.
Kenneth Dewain Parker, 49, of Rockaway Beach, was sentenced by U.S. Chief District Judge Fernando J. Gaitan to eight years and four months in federal prison without parole. The court also ordered Parker to pay $22,362 in restitution.
On July 30, 2012, Parker pleaded guilty to several separate federal indictments. Parker admitted that he stole $2,500 from US Bank in Columbia on Sept. 3, 2010, and that he stole $9,150 from Union Savings Bank in Sedalia on Sept. 21, 2010. Those offenses were charged in an indictment returned by a federal grand jury in Jefferson City, Mo., on Nov. 2, 2010.
Parker also pleaded guilty to charges in two separate cases that were transferred to the Western District of Missouri. In a case from the District of Oregon, Parker admitted that he stole $3,585 from Liberty Bank in Eugene, Ore., on July 30, 2010; that he stole $2,203 from Umpqua Bank in Salem, Ore., on Aug. 17, 2010; and that he stole $2,385 from Key Bank in Portland, Ore., on Aug. 23, 2010. In a case from the Northern District of Iowa, Parker admitted that he robbed Bank of the West in Cedar Rapids, Iowa, on Aug. 31, 2010.
These cases were prosecuted by Assistant U.S. Attorney Jim Lynn. The case in the Western District of Missouri was investigated by the FBI, the Columbia, Mo., Police Department, the Sedalia, Mo., Police Department, the University City, Mo., Police Department, the Brentwood, Mo., Police Department and the Taney County, Mo., Sheriff=s Department.Rapid City Man Sentenced for Controlled Substance DistributionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 1, 2013 by Chief U.S. District Judge Jeffrey L. Viken.
Kyle Thomas Soltesz, age 33, was sentenced to 27 months’ imprisonment, 5 years' supervised release, and a $100 special assessment to the Victim Assistance Fund.
Beginning on or about the spring of 2011, Soltesz conspired to distribute marijuana in the Rapid City area. Soltesz pled guilty to the charge on October 24, 2012. This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Port Charlotte Resident Sentenced for Tax FraudRead the Press Release
Fort Myers, FL - U.S. Attorney Robert E. O'Neill announces that Peter Hesser (51, Port Charlotte) was sentenced today to 3 years in federal prison, followed by 3 years of supervised release for three counts of filing false tax returns and one count of tax evasion. He was also ordered to pay restitution to the Internal Revenue Service in the amount of $296,000. Hesser was found guilty in December 2012.
According to testimony presented at trial, Hesser filed fraudulent documents with the Internal Revenue Service in which he claimed to be owed a refund for tax years 2005, 2006 and 2007, in the amount of $500,000. These documents were not legitimate and were prepared with the sole purpose of defrauding the government. Hesser also changed his assets into gold and silver, as well as hid his mortgage payments in a bogus land transfer to avoid paying his taxes. This pattern of deceit stretched out over a decade, thereby evading the payment of taxes that had been assessed for tax years 2001, 2002 and 2003.
This case was investigated by the Internal Revenue Service Criminal Investigation and was prosecuted by Assistant United States Attorney Douglas Molloy.
Pine Ridge Woman Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Victoria Running Hawk, age 31, of Pine Ridge, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on February 28, 2013 and pled guilty to Possession with Intent to Distribute a Controlled Substance. The penalty upon conviction is not less than 5 but no more than 40 years imprisonment and/or a $5,000,000 fine.
On or about September 16, 2012, Running Hawk did possess, with the intent to distribute, 50 grams or more of methamphetamine. The investigation was conducted by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force. The case is being prosecuted by Assistant U.S. Attorney Ted McBride.
A presentence investigation was ordered and a sentencing date was set for June 28, 2013. The defendant was remanded to the custody of the U.S. Marshal pending acceptance of this plea and sentencing.
Pine Ridge Man AcquittedRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man was acquitted of the charge of Felon in Possession of a Firearm and Ammunition on February 22, 2013.
On June 6, 2012 Wesley Wade Running Shield was indicted for being a felon in possession of a firearm and ammunition at Pine Ridge on June 6, 2012. Running Shield was found not guilty of the charge on February 22, 2013.
The case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Special Assistant U.S. Attorney Laura Shattuck and Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Pennsylvania Prison Inmate Sentenced to 30 Months in Prison for Sending Threatening Letter to District Judge in PhiladelphiaRead the Press Release
TRENTON, N.J. – An inmate in the Pennsylvania State Prison system today was sentenced to 30 months in prison for sending a threatening letter to a federal judge in the Eastern District of Pennsylvania, U.S. Attorney Paul J. Fishman announced.
William Brown, 22, previously pleaded guilty before U.S. District Judge Freda L. Wolfson to Count 2 of an Indictment that charged him with threatening a U.S. District Court judge in Philadelphia. Judge Wolfson imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Brown, who is currently serving a sentence of life in prison for a 2011 Pennsylvania conviction for first-degree murder and aggravated assault, sent the threatening letter from his prison cell. He admitted writing the letter, containing expletives and threats against the judge’s life, smearing his fecal matter on it and mailing it to the judge.
He was transferred to federal custody in June 2012 after the grand jury returned the Indictment in this case.
In addition to the prison term, Judge Wolfson sentenced Brown to three years of supervised release.
U.S. Attorney Fishman credited special agents of the FBI in Philadelphia, under the direction of Special Agent in Charge George C. Venizelos, with the investigation leading to today’s sentencing.
The government is represented by Nelson Thayer, Attorney-in-Charge of the U.S. Attorney’s Office Criminal Division in Trenton.
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Defense Counsel: Andrea Bergman Esq., Assistant Federal Public Defender, Trenton
PCP Dealer Sentenced to over 19 Years in PrisonRead the Press Release
Also Distributed Crack Cocaine and HeroinGreenbelt, Maryland - U.S. District Judge Roger W. Titus, Jr. sentenced Rashard Wilson, age 22, of Capitol Heights, Maryland, today to 235 months in prison followed by five years of supervised release for conspiracy to distribute and possess with intent to distribute phencyclidine (PCP), crack cocaine and heroin. Judge Titus enhanced Wilson’s sentence upon finding that he is a career offender based on four previous convictions for 2nd degree assault, carjacking, assault on a police officer and possession with intent to distribute PCP.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; and Chief Mark A. Magaw of the Prince George’s County Police Department.
According to Wilson's guilty plea, from August 2011 through February 2012, Wilson participated in a conspiracy to distribute PCP and other drugs in the Prince George’s County and Washington, D.C. area. During the conspiracy, Wilson bought PCP, cocaine and heroin from co-defendant Samuel Braxton, a/k/a “Fats.” Wilson then redistributed the drugs to his customers. Wilson and other members of the conspiracy used Braxton’s apartment in Temple Hills, Maryland, as a base of operations for storing and distributing narcotics. Wilson often met Braxton at the apartment to obtain drugs. Between November 2011 and January 2012, Wilson and Braxton were overheard by law enforcement using coded language to discuss their drug trafficking activities. On December 8, 2011, Wilson was stopped by law enforcement in Washington, D.C., after visiting Braxton’s apartment. As Wilson was pulling over, officers saw the front seat passenger throw a white plastic bag out the window. Officers found the bag, which contained two bottles with a total of approximately eight ounces of PCP.
Over the course of the conspiracy, Wilson was responsible for the distribution of between one and three kilograms of PCP, between 28 and 112 grams of crack cocaine, and between 20 and 40 grams of heroin.
Braxton, age 44, of Temple Hills, pleaded guilty to his role in the scheme and is scheduled to be sentencing on April 1, 2013.
United States Attorney Rod J. Rosenstein commended the DEA and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Christen A. Sproule and Steven E. Swaney, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Otho Man Sentenced to Five Years on Child Pornography ChargesRead the Press Release
A man who distributed and received child pornography was sentenced March 7, 2013, to five years in federal prison.
Adam Stephenson, age 20, of Otho, Iowa, received the sentence after a September 27, 2012, guilty plea to one count of distributing child pornography and one count of receiving child pornography. At the guilty plea, Stephenson admitted he knowingly used the Internet to distribute and receive child pornography.Stephenson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Stephenson was sentenced to 60 months’ imprisonment. A special assessment of $200 was imposed, and Stephenson must also serve a five-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Webster County Sheriff’s Office, the Fort Dodge Police Department, and the Federal Bureau of Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-3016.
New York Man Sentenced to 10 Years in Prison for Transporting a Minor for SexRead the Press Release
Greenbelt, Maryland - U.S. District Judge Alexander Williams, Jr. sentenced Edgar Daniel Mazariegos-Cifuentes, age 40, a Guatemalan citizen illegally residing in Monroe, New York, today to 10 years in prison, followed by lifetime supervised release, for transporting a minor to engage in sexual activity. Judge Williams ordered that upon his release from prison, Mazariegos must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel Marcus L. Brown, Superintendent of the Maryland State Police; and Chief A. Alex Melchiorre of the Monroe, New York Police Department.
According to his plea agreement, in November 2011, the 15 year old daughter of close family friends of Mazariegos moved from Guatemala to Monroe, New York, to live with her mother and stepfather. Mazariegos frequently visited the girl’s home and was treated as a member of the family. On several occasions, Mazariegos drove the girl and her family members to or from Boston to visit the girl’s uncle. Between November 2011 and August 2012, Mazariegos and the girl communicated by telephone and computer. Mazariegos also posted messages on the girl’s Facebook page professing his love for her.
On August 13, 2012, the girl had an argument with her mother and called Mazariegos because she was upset. Early the next day, Mazariegos picked up the girl and drove her to Silver Spring, Maryland, and checked them into a hotel so that he could engage in sexual intercourse with the girl. On August 15, 2012, Mazariegos rented a room in an apartment, presenting the girl as his girlfriend. On August 25, 2012, Maryland State Police Child Recovery Unit officers and Special Agents from the Department of Homeland Security located Mazariegos and the victim in the apartment.
When the victim was interviewed, she reported that when Mazariegos initially picked her up, she thought he was taking her to her uncle’s home in Boston. The victim stated that Mazariegos took her phone away when she said she wanted to call her uncle and told her that he was taking her to Silver Spring, Maryland so they could start a new life together. The victim advised that Mazariegos forced her to have sex with him at the hotel and several more times during the 11 days they were in Maryland.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the "resources" tab on the left of the page.
The case was investigated by the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit www.justice.gov/usao/md/Human-Trafficking/index.html.
United States Attorney Rod J. Rosenstein commended the HSI Baltimore, Maryland State Police Child Recovery Unit, and the Monroe, New York Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Kristi N. O’Malley, who is prosecuting the case.
New York Immigration Judge Participates in Naturalization CeremonyRead the Press Release
NEW YORK -- Immigration Judge George Chew from the Executive Office for Immigration Review, New York Immigration Court, delivered the keynote speech and administered the oath of allegiance to approximately 150 candidates during a naturalization ceremony at 26 Federal Plaza in New York on March 8, 2013. The New York District Office of U.S. Citizenship and Immigration Services, Department of Homeland Security, hosted the ceremony.
Biographical Information
Attorney General Janet Reno appointed Judge Chew in September 1995. Judge Chew received a bachelor of arts degree in 1972 from City College of New York and a juris doctorate in 1979 from Antioch School of Law. From 1985 to 1995, he was in private practice in New York. From 1981 to 1984, Judge Chew was a partner with the Law Offices of Wong & Chew, also in New York. From 1979 to 1981, he served as a trial attorney for the former Immigration and Naturalization Service in New York. Judge Chew is a member of the New York State Bar.
- EOIR -
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR’s Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.
Executive Office for Immigration ReviewNew Jersey Man Charged with Sexual Exploitation of A ChildRead the Press Release
BOSTON - A New Jersey man, charged with sexual exploitation, had his initial appearance today in U.S. District Court in Boston.
Anthony Scarano, 51, of Sayreville, New Jersey, was originally charged on February 26 via criminal complaint with sexual exploitation of a child, specifically with production of child pornography. Scarano arrived in Massachusetts today to face the charges.According to documents filed in court, Scarano met a minor victim around October 2011 on a website called Motherless.com where they exchanged email addresses. It is alleged that the minor and Scarano, who at that time disclosed that he 32, developed a relationship shortly thereafter. It is alleged that sometime in 2012, Scarano sent the minor videos and images of himself in the nude and engaged in sexual activities. Scarano is alleged to have directed the minor to pose nude and perform sexual acts for him in videos.
The maximum sentence under the statute is 30 years to be followed by five years of supervised release. Scarano is scheduled for a detention hearing on March 22 at 2 p.m.
United States Attorney Carmen M. Ortiz; Inspector in Charge Kevin M. Niland, U.S. Postal Inspection Service in Boston; Barnstable Police Chief Paul MacDonald; and Yarmouth Police Chief Frank Frederickson made the announcement today. The matter was jointly investigated by the U.S. Postal Inspection Service and the Cape Cod Computer Crime Unit, a regional task force that handles computer crimes and forensics.
The case is being prosecuted by Assistant U.S. Attorney Dave Tobin of Ortiz’s Major Crimes Unit.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.This case is being brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys' Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
National Foundation of America Founder Convicted of Defrauding Clients of $30 Million in AssetsRead the Press Release
Company Misrepresented as Charitable Organization to Investors
Richard Olive, 47, of Vero Beach, Florida, formerly a resident of Franklin, Tennessee, was convicted by a federal jury on March 7, 2013, of mail fraud, wire fraud and money laundering, related to his operation of National Foundation of America (“NFOA”), announced Jerry E. Martin, U. S. Attorney for the Middle District of Tennessee.
From January 2006 through May 2007 Olive represented to potential investors that NFOA, which was headquartered in Franklin, Tenn., was a charitable organization that had been recognized and approved by the IRS as a 501(c)(3) organization. During the scheme, Olive solicited assets from elderly individuals, including annuities and real estate, valued at more than $30 million, and promised that, in return, NFOA would issue an “installment bargain contract” that would purportedly give investors a guaranteed payout within a specific time period as well as a generous tax deduction.
“Fraudulent investment scams like these are devastating to investors, especially people who invest their life’s savings with individuals they trust, only to find that their trust has been misplaced,” said U. S. Attorney Jerry E. Martin . “In this case, a lot of people invested money they couldn't afford to lose, particularly in hard economic times. The U.S. Attorney’s Office will diligently and appropriately prosecute those who perpetrate such schemes and prey on unsuspecting and trusting investors.”
Olive promised clients that in exchange for an NFOA “installment bargain contract,” investors would receive a fixed payment for a specified number of years. Evidence presented by prosecutors at trial demonstrated that NFOA never had sufficient assets to meet these obligations. The majority of assets that Olive solicited were annuities, which incurred high penalties on their surrender. When Olive received these annuities, he surrendered them, incurring the penalties, so that he could access the cash.
Additional evidence presented at trial showed that Olive used the cash to fund his lavish lifestyle, including paying for $153,000 of expenses on credit cards, funding a family trip to New Orleans on a chartered jet, settling a lawsuit against him for $250,000, and using cash to purchase several properties, including a $690,000 condo in Las Vegas. Although Olive held NFOA out to be a “charitable organization,” evidence presented at trial showed that he donated to charity less than ½ of 1% of the $23.6 million received by NFOA.Prosecutors also presented evidence showing that Olive made a series of misrepresentations about NFOA assets during the scheme. For example, in February 2006, just days after NFOA had been incorporated, Olive sent financial statements to a financial advisor that falsely represented that NFOA had been in operation in 2003 and 2004 and that it held significant assets. In May 2006 Olive represented to another financial advisor that the company had $35 million in assets, although the charitable tax returns that he filed with the State of Tennessee indicated that from its inception to June 2006, NFOA had received only $2.8 million in revenue.
Other evidence presented at trial showed that throughout the scheme, Olive repeatedly and falsely represented to investors that NFOA had been recognized as a charitable organization by the IRS under Section 501(c)(3) of the Internal Revenue Code. Olive’s former attorney testified that Olive continued to make this false representation, even after being advised on at least two occasions to stop.
The jury also heard testimony that at least five states had issued cease-and-desist orders during the scheme, based in part on their findings that Olive was misrepresenting NFOA’s 501(c)(3) status, and ordered him to stop selling NFOA’s product in those states. NFOA was seized and ultimately liquidated by the Tennessee Department of Commerce and Insurance in May 2007.
Olive faces up to 20 years in prison on each of the mail and wire fraud counts, and up to 10 years in prison on the unlawful monetary transaction counts. A sentencing date has not yet been set.
The case was investigated by the FBI and the IRS– Criminal Investigation . Assistant United States Attorneys Kathryn B. Ward and Darryl A. Stewart represented the government.Minneapolis Man Pleads Guilty in Armed Robbery of A St. Paul PharmacyRead the Press Release
MINNEAPOLIS—Earlier today in federal court in St. Paul, a 31-year-old Minneapolis man pleaded guilty in connection with the April 3, 2012, armed robbery of the West 7th Pharmacy in St. Paul. Michael Brooks Bynum pleaded guilty to one count of interference with commerce by robbery pursuant to the Hobbs Act, and one count of possession of a firearm in furtherance of a crime of violence. Bynum, who was indicted along with two co-defendants on July 10, 2012, entered his plea before United States District Court Judge Susan Richard Nelson.
In his plea agreement, Bynum admitted that on April 3, he drove Ray James Brown, age 24, and Rayshawn Earl James Brown, age 21, both of Minneapolis, to the pharmacy with the intent to rob it. Bynum also admitted that the three had planned the robbery together, and that after the robbery he drove the three away until they were stopped by police. In addition, Bynum admitted he participated in the armed robberies of Lloyds Pharmacy in St. Paul on February 18, 2012, the Best Aid Pharmacy in St. Louis Park on March 15, 2012, and the Pro Pharmacy in St. Paul on March 27, 2012.
In September 2012, Ray Brown pleaded guilty to two counts of possession of a firearm during and in relation to a crime of violence, and Rayshawn Brown pleaded guilty to one count of interference with commerce by robbery pursuant to the Hobbs Act and one count of possession of a firearm in furtherance of a crime of violence. In their plea agreements, they admitted entering the pharmacy wearing gloves and masks. Ray Brown admitted pointing a .40-caliber, semi-automatic pistol at store employees and demanded they get down on the floor. Ray Brown also admitted ordering the pharmacist to place pharmaceutical drugs, such as Percocet, Vicodin and Oxycontin into a white plastic bag. Then, they admitted running from the store to the awaiting Cadillac. In addition, Ray Brown and Rayshawn Brown admitted running from police after the Cadillac was stopped. Ray Brown was apprehended following a short foot chase, and police recovered the pistol he tossed during the pursuit. Rayshawn Brown was arrested about an hour later after emerging from behind a nearby house, claiming to be a homeless person who lived under the porch.
In addition, Ray Brown admitted that he participated in the armed robberies of Lloyds Pharmacy in St. Paul on February 18, 2012, the Best Aid Pharmacy in St. Louis Park on March 15, 2012, and the Pro Pharmacy in St. Paul on March 27, 2012. Rayshawn Brown also admitted that he participated in the Pro Pharmacy robbery.
For their crimes, Bynum and Rayshawn Brown face a potential maximum penalty of 20 years in federal prison on the interference with commerce by robbery pursuant to the Hobbs Act count. All three defendants face a mandatory minimum of seven years and a maximum penalty of life in prison on the possession of a firearm in furtherance of a crime of violence count, while Ray Brown faces a mandatory minimum penalty of 25 years on the second possession of a firearm during and in relation to a crime of violence count. Judge Nelson will determine their sentences at a future hearing, yet to be scheduled.
The Hobbs Act, passed by Congress in 1946, provides federal jurisdiction for cases involving violent, habitual criminals who commit armed robbery in businesses involved in interstate commerce. Federal prosecution of these offenders is sometimes beneficial since the penalties may be tougher than under state law. To that end, the U.S. Attorney’s Office and its County Attorney partners are working together to ensure that violent offenders are effectively prosecuted, making our communities safer for all.
This case is the result of an investigation by the St. Paul Police Department, the St. Louis Park Police Department, the Hennepin County Violent Offender Task Force, and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorney Julie E. Allyn.Middlesex County Woman Admits Role in Identity Theft-Tax Fraud CaseRead the Press Release
NEWARK, N.J. – A Middlesex County woman today admitted her role in a scheme to fraudulently obtain a federal tax refund by filing a false claim with the IRS, U.S. Attorney Paul J. Fishman announced.
Patriciah Omari, 33, of Middlesex, pleaded guilty before U.S. Magistrate Judge Patty Shwartz in Newark federal court to a Superseding Information charging her with one count of aiding in the preparation and filing of a false income tax return.
According to documents filed in this case and statements made in court:An unidentified person prepared and filed at least one false U.S. Individual Income Tax return, Form 1040, in the name of an individual with the initials “V.K.” The return included false information and documents about V.K.’s address, income, W-2 form, income tax purportedly withheld and claim for a refund. The fraudulent return claimed a $72,859 tax refund. In reality, V.K. was not entitled to the refund and did not authorize anyone to file a return.
Omari provided the unidentified person with the routing number and bank account information of an account held in Omari’s name. That information was provided with the false tax return, causing the IRS to deposit the refund check into Omari’s bank account. The money was then withdrawn and wired to an account in Kenya.
The count to which Omari pleaded guilty is punishable by a maximum potential term of three years in prison and a fine of $250,000, or twice the gross gain or loss from the offense. Sentencing is scheduled for June 24, 2013.
U.S. Attorney Fishman credited special agents and investigators of the U.S. Secret Service, under the direction of Special Agent in Charge James Mottola in Newark; IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Shantelle P. Kitchen; and the inspectors of the U.S. Postal Inspection Service under the direction of Inspector in Charge Philip R. Bartlett, with the investigation leading to today’s plea.
The government is represented by Assistant U.S. Attorneys Jacques Pierre and Barbara Llanes of the U.S. Attorney’s Office in Newark.
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Defense counsel: Damian P. Conforti Esq., Newark
Omari Superseding Information
Michigan Man Pleads Guilty to Federal Heroin ChargeRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Michigan man pleaded guilty to aiding and abetting the possession with intent to distribute heroin. Ralph Oliver Mayes, Jr., 36, of Dearborn Heights, Michigan, admitted to the charge today in federal court.
On January 9, 2013, officers with the Barboursville Police Department arrested Mayes for obstructing and possession of Vicodin tablets. Following his arrest, Mayes was transported to the Barboursville Police Department. During a custodial search of the defendant, police found two bags containing 33 individually wrapped bags of a substance that field tested positive for heroin. Mayes admitted that each bag contained approximately .1 grams of heroin. Mayes further admitted that he intended to sell the heroin.
Mayes faces up to 20 years in prison and a $1 million fine when he is sentenced on June 17, 2013 by Chief United States District Judge Robert C. Chambers.
The Barboursville Police Department and the Huntington Violent Crimes and Drug Task Force conducted the investigation. Assistant United States Attorney Gregory McVey is in charge of the prosecution.
The case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.Mexican Nationals Plead Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Jesus Omar Lopez-Valle, 28, of Jarales, N.M., and his brother, Hector Manuel Lopez-Valle, 24, of Albuquerque, N.M., pled guilty on Friday afternoon to methamphetamine trafficking charges. Jesus Lopez-Valle also pled guilty to the unlawful possession of firearms. The two men, who are Mexican nationals illegally present in the United States, entered their guilty pleas without the benefit of any plea agreement.
Jesus Lopez-Valle and Hector Lopez-Valle each pled guilty to a superseding indictment charging them with conspiracy and possession of methamphetamine with intent to distribute. Jesus Lopez-Valle also pled guilty to being an illegal alien in possession of firearms.
Their co-conspirator, Adaucto Chavez-Meza, 20, a Mexican national residing in Belen, N.M., pled guilty on Feb. 25, 2013, to an indictment charging him with conspiracy and possession with intent to distribute charges. Chavez-Meza also entered his guilty plea without the benefit of any plea agreement.
According to court records, from Feb. 21, 2012 to March 1, 2012, Jesus Lopez-Valle and Hector Lopez-Valle conspired with Chavez-Meza to sell four pounds of methamphetamine to an individual who, unbeknownst to them, was an undercover officer. On March 1, 2012, Jesus Lopez-Valle, Hector Lopez-Valle and Chavez-Meza were arrested in Albuquerque after they displayed more than four pounds of methamphetamine to the undercover officer. During postarrest interviews, Chavez-Meza admitted that they intended to sell the methamphetamine to the undercover officer for approximately $60,000. Jesus Lopez-Valle also admitted that the three men intended to sell the methamphetamine to the undercover officer, and Hector Lopez-Valle admitted transporting the methamphetamine from Belen to Albuquerque.
All three men have been in federal custody since they were arrested and will remain detained pending their sentencing hearings, which have yet to be scheduled. At sentencing, each man faces a mandatory minimum ten years in prison and a maximum of life in prison for the drug trafficking conviction, and Jesus Lopez-Valle faces up to ten years in prison for his firearms conviction. The men will be deported after they complete their prison sentences.
The case was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Nicholas J. Ganjei and was investigated by the Albuquerque office of the FBI.
Martin Woman Sentenced for Controlled Substance DistributionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota woman convicted of distribution of a controlled substance was sentenced by Chief U.S. District Judge Jeffrey L. Viken on March 1, 2013.
Claudia Jeanine Apple, age 45, was sentenced to 12 months and 1 day of imprisonment, 6 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
On January 31, 2012 Apple distributed 15 Ritalin pills within 1,000 feet of a school at Martin. Apple pled guilty to the charge on October 24, 2012.
This case was part of Operation Prairie Pharm, a controlled substances investigation conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, whose member agencies include the Federal Bureau of Investigation, the Bureau of Indian Affairs, the South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, the Pierre Police Department, and the Oglala Sioux Tribe – Department of Public Safety. The Bennett County Sheriff’s Office and Martin Police Department also assisted in the investigation. The case is being prosecuted by Special Assistant U.S. Attorney Laura Shattuck.
Martin Man Sentenced for Controlled Substance DistributionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota man convicted of Distribution of a Controlled Substance was sentenced on March 4, 2013 by Chief U.S. District Judge Jeffrey L. Viken.
William Apple, age 26, was sentenced to time served, 3 years' supervised release, and a $100 special assessment to the Victim Assistance Fund.
On or about January 27, 2012, Apple distributed morphine in Martin. Apple pled guilty to the charge on November 21, 2012.
This case was investigated by the Northern Plains Safe Trails Task Force. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Leader of Wayne county-NYC cocaine Ring Sentenced on Drug ChargesRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul Jr. announced today that Richard Crego, a/k/a Ricky, 25, of New York City, who was convicted of conspiracy to possess with intent to distribute and distribution of five kilograms or more of cocaine, was sentenced to 13 years in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that the defendant was the leader of group of cocaine and crack cocaine distributors in Wayne County that obtained cocaine through Crego and his former prison associate, James Brome. The defendant and Brome arranged for the delivery of kilograms of cocaine from New York City to Wayne County, where the kilograms were processed, weighed, packaged, and resold in various quantities by various distributors.
In November 2010, as part of a lengthy, joint state and federal wiretap investigation, multiple search warrants were executed in Wayne County. The investigation netted over 1.9 kg of powder cocaine, 15 grams of crack cocaine, distribution paraphernalia, a 12 gauge shotgun, a .22 caliber rifle, a .25 caliber pistol, a 9mm pistol, and over $32,000 in U.S. currency. Crego was arrested along with six others in February 2011, all seven have been convicted. Brome was sentenced to 17 years in prison on February 26, 2013.
The sentencing is the culmination of an investigation conducted by the Wayne County Narcotics Enforcement Team under the direction of John Colella, Chief of the Town of Macedon Police Department and Robert Hetzke, Chief Deputy of the Wayne County Sheriff’s Office, the Wayne County Sheriff’s Office under the direction of Sheriff Barry Virts, the New York State Police, under the direction of Lieutenant Martin E. McKee, the Rochester Office of the Drug Enforcement Administration under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, with assistance provided by the Wayne County District Attorney’s Office, under the direction of Richard Healy.
Laredo Residents Arrested for Distributing Cocaine and Marijuana in A School ZoneRead the Press Release
LAREDO, Texas – Romeo Serna Sr., 50, and Romeo Serna Jr., 26, both residents of Laredo, have been arrested for attempted distribution of cocaine base and for possession with intent to distribute marijuana in a school zone, United States Attorney Kenneth Magidson announced today along with Javier F. Peña, special agent in charge of the Drug Enforcement Administration (DEA).
The Sernas were arrested on March 7, 2013. The criminal complaint was filed this morning, at which time the Sernas made their initial appearances before United States Magistrate Judge Diana Song Quiroga. Both were remanded to custody pending a detention hearing, set for Friday, March 15, 2013, at 10:00 a.m.
“Selling drugs in or near a school is not only unlawful but could be potentially dangerous to our children as well as our communities,” said Peña. “DEA and its colleagues will continue to work hard to keep our children and communities safe.”
The criminal complaint alleges that on March 7, 2013, DEA agents set up surveillance on the Serna residence on South Bartlett Avenue in Laredo. At approximately noon, the undercover agent arrived at the location to purchase nine ounces of cocaine base (crack cocaine), at which time Serna Sr. allegedly showed the undercover agent the drugs he was planning to sell.
Shortly thereafter, DEA agents arrested the Sernas and executed a search warrant at the residence. During the search, the complaint indicates agents also discovered marijuana located on the kitchen counter, kitchen attic and in the living room. The Serna residence is located within 1,000 feet of a public middle school.
The case is being investigated by DEA with assistance from the Laredo Independent School District Police Department. Assistant U.S. Attorney Sonah Lee is prosecuting the case.
A criminal complaint is an accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.Kirtland, N.M., Man Senteced to Sixty-Three Months in Prison for Federal Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE –Wilson Harry, Jr., 55, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was sentenced this afternoon to 63 months in prison followed by ten years of supervised release for his abusive sexual contact conviction. Harry will be required to register as a sex offender after he completes his prison sentence.
Harry pled guilty on Aug. 6, 2012 to sexually assaulting a Navajo child under the age of 16 by touching the child’s genitals during the summer of 2009. The sexual assault occurred in Shiprock, N.M., which is within the Navajo Indian Reservation.
Harry has been in federal custody since his arrest on Jan. 9, 2012.
The case was investigated by the Farmington office of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Kewa Pueblo Man Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE –Cruz Tenorio, 29, a member and resident of Kewa Pueblo, N.M., pled guilty this morning to a negligent child abuse charge under a plea agreement with the U.S. Attorney’s Office.
During today’s plea hearing, Tenorio admitted abusing a three-year-old Indian child in 2011 by negligently tattooing the letter “I” on the child’s arm. Tenorio admitted using rudimentary, homemade instruments, tools and unsterilized materials to tattoo the child, and that he did not take sufficient precautions to prevent possible infection. Tenorio had no formal training in the application of Tattoo body art when he tattooed the child at his home on Kewa Pueblo.
Under the terms of his plea agreement, Tenorio will be sentenced to six months of imprisonment followed by a term of supervised release to be determined by the Court. Tenorio also will be required to pay restitution in an amount adequate to ensure that the child victim is able to obtain any psychological and medical services necessary arising from the offense, including the removal of the tattoo. Tenorio also is required to pay restitution to cover the costs of removing the tattoos he applied to another victim in March 2012, when the victim was 15 years old.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Southern Pueblos Agency, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Justice Department to Monitor Election in Maricopa County, ArizonaRead the Press Release
The Justice Department announced today that it will monitor the municipal election on March 12, 2013, in the town of Guadalupe, in Maricopa County, Ariz., to ensure compliance with the Voting Rights Act of 1965. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group.
Under the Voting Rights Act, the Justice Department is authorized to ask the U.S. Office of Personnel Management (OPM) to send federal observers to jurisdictions that are certified by the attorney general or by a federal court order. Federal observers will be assigned to monitor polling place activities in Maricopa County based on the Attorney General’s certification. The observers will watch and record activities during voting hours in the town of Guadalupe, and a Civil Rights Division attorney will coordinate the federal activities and maintain contact with local election officials.
Each year, the Justice Department deploys hundreds of federal observers from OPM, as well as departmental staff, to monitor elections across the country. To file complaints about discriminatory voting practices, including acts of harassment or intimidation, voters may call the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.
Visit www.justice.gov/crt/voting/index.php for more information about the Voting Rights Act and other federal voting laws.
Johnathan Miguel Balbin-Murillo Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 8, 2013, before Chief U.S. District Judge Richard F. Cebull, JOHNATHAN MIGUEL BALBIN-MURILLO, a 29-year-old resident of Las Vegas, Nevada, appeared for sentencing. BALBIN-MURILLO was sentenced to a term of:
Prison: 46 months
Special Assessment: $a00
Supervised Release: 5 years
BALBIN-MURILLO was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
BALBIN-MURILLO came to the attention of law enforcement officers as part of a larger drug case. BALBIN-MURILLO was identified as a person who brought large amounts of methamphetamine from Las Vegas to Billings on behalf of supplier Howard Bonifant to distribute to Bonifant's network here. As others were arrested, they gave testimony that led to the discovery of BALBIN-MURILLO and his role in the operation as a courier between Vegas and Billings. BALBIN-MURILLO was interviewed by agents in November 2011 and confessed that he had been recruited by Howard Bonifant in 2010 to transport methamphetamine from Las Vegas to Billings. After transporting it, BALBIN-MURILLO would stay in Billings and assist in its distribution to Bonifant's next level of distributors, and would then transport the drug proceeds via Greyhound bus back to Las Vegas where he would give the proceeds to Bonifant. BALBIN-MURILLO confirmed that he worked with two other individuals and the three men took turns traveling to Billings with methamphetamine and returning with the money. They would each bring up pounds at a time. BALBIN-MURILLO confirmed distributions to various large customers in Billings. BALBIN-MURILLO's involvement began in January 2010 and ended in November 2010.
Bonifant pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BALBIN-MURILLO will likely serve all of the time imposed by the court. In the federal system, BALBIN-MURILLO does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Billings Big Sky Safe Streets Task Force.
Huntington Man Sentenced to More Than Three Years in Federal Prison for Crack Cocaine ChargeRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Huntington man was sentenced to three years and one month in federal prison for possession with intent to distribute crack cocaine. Kendall O. Williams, 29, previously pleaded guilty in October 2012. On April 21, 2011, law enforcement officers conducted a traffic stop of the defendant’s vehicle in the 1600 block of Huntington. During the traffic stop, a police K-9 unit gave a positive indication of the presence of drugs inside the vehicle. Law enforcement agents discovered two individually wrapped baggies containing crack cocaine between the center console and the driver’s seat. Williams admitted to being in possession of the crack cocaine and intended to share the illegal substance with associates. The crack cocaine was submitted to the West Virginia State Police Laboratory for testing and proved to be crack cocaine weighing 10.78 grams.
The Huntington Violent Crimes and Drug Task Force handled the investigation. Assistant United States Attorney Gregory McVey handled the prosecution. The sentence was imposed by Chief United States District Judge Robert C. Chambers.
Hartford Crack Dealer Sentenced to Nine Years in Federal PrisonRead the Press Release
March 11, 2013David B. Fein, United States Attorney for the District of Connecticut, announced that NIDA WILLIAMS, also known as “N-Dog,” 35, of Bloomfield, was sentenced today by United States District Judge Janet C. Hall in New Haven to 108 months of imprisonment, followed by five years of supervised release, for his role in a Hartford crack cocaine distribution ring.
This matter stems from “Operation Vinefield,” a joint law enforcement investigation headed by the FBI’s Northern Connecticut Violent Crimes Task Force targeting narcotics trafficking and gang violence in Hartford’s North End. As a result of the nine-month investigation, 38 individuals were charged with various offenses related to the distribution of crack cocaine and the unlawful possession and dealing of firearms in and around Hartford.
According to court documents and statements made in court, the investigation revealed that Clinton Hill Weston, also known as “Ack,” supplied WILLIAMS and Dana Adams, also known as “Soul,” with 125-gram and 63-gram quantities of crack cocaine. WILLIAMS and Adams then distributed the crack to numerous street-level dealers, including gang members, who primarily distributed the drug in the area of Enfield Street in Hartford.
WILLIAMS was arrested on April 19, 2012. A subsequent search of his Bloomfield residence revealed more than 29 grams of crack cocaine and 14 rounds of ammunition.
WILLIAMS has been detained since his arrest. On December 17, 2012, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of cocaine base (“crack cocaine”).
Weston and Adams also pleaded guilty and are currently serving prison terms of 152 months and 156 months, respectively.
This matter has been investigated by the FBI’s Northern Connecticut Violent Crimes Task Force, the Connecticut State Police, the Hartford Police Department and the Connecticut Department of Correction.
The case is being prosecuted by Assistant United States Attorney Brian P. Leaming.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]