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27 February 2013
Little Eagle Woman Arraigned on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota woman has been indicted by a federal grand jury for Assault With Intent to Commit Murder, Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Roxanne Spotted Horse, age 31, was indicted by a federal grand jury on February 13, 2013. She appeared before U.S. Magistrate Judge William D. Gerdes on February 14, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction of Count I is 20 years' imprisonment. The maximum penalty upon conviction of Counts II and III is 10 years' imprisonment. All counts also include a $250,000 fine and period of supervised release of 3 years. The charges are merely accusations and Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley is prosecuting the case. Spotted Horse was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Lexington Man Sentenced to 96 Months for Bank RobberyRead the Press Release
COVINGTON, KY - A federal judge sentenced a Lexington, KY., man to 96 months in prison for robbing a bank in Maysville, Ky., in May of last year.
U.S. District Judge Danny C. Reeves sentenced 36-year-old Patrick Andrew Donald Tuesday for bank robbery.
Donald previously admitted that he and an accomplice robbed the Security Trust Bank in Maysville, Ky., on May 16, 2012. According to testimony at Donald’s sentencing hearing, the two men entered the bank dressed in winter clothing and demanded money from three tellers. Donald’s accomplice insinuated that he had a gun and used his hand to conceal a metal object in his coat pocket. The accomplice then repeatedly pounded the counter in front of the tellers with this object as he demanded money.
Because the metal object was considered a dangerous weapon and used to commit the robbery, Donald received an enhanced sentence.
Donald pleaded guilty to the robbery in September 2012.
Under federal law, Donald must serve at least 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for three years following his release.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky, Perrye K. Turner, Special Agent in Charge of the FBI’s Louisville Field Office, Ronald Rice, Chief of Police, Maysville Police Department and Ronnie Bastin, Chief of Police, Lexington Fayette Urban County Government jointly, jointly announced the sentence.
The investigation was conducted by the FBI, the Maysville Police Department, and the Lexington Police Department. The U.S. Attorney’s Office was represented by Assistant U.S. Attorneys Kenneth R. Taylor and Andrew T. Boone.
Killeen Man Sentenced to 40 Years in Federal Prison for Sex Trafficking of ChildrenRead the Press Release
In Waco this afternoon, United States District Judge Walter S. Smith, Jr., sentenced 27-year-old Jerome
Maurice Cole of Killeen, TX, to 40 years in federal prison for sex trafficking of children announced United
States Attorney Robert Pitman and Texas Attorney General Greg Abbott.
In addition to the prison term, Judge Smith ordered that Cole pay a $5,000 fine and be placed under supervised release for a period of ten years after completing his prison term.
“Trafficking children in the sex trade is an unspeakable crime. We will pursue and vigorously prosecute those who engage in such outrageous conduct to the fullest extent of the law,” stated United States Attorney Pitman.
On November 29, 2012, Cole pleaded guilty to the charge. By pleading guilty, Cole admitted that he operated a prostitution venture from November 2011 until August 2012 involving minor females utilizing various technologies, including a personal computer, multiple cell phones, the Internet, and the website Backpage.com, to photograph, post prostitution advertisements, recruit new girls, and communicate with purchasers. On May 15, 2012, officers with the Killeen Police Department responded to a call that a 16-year-old runaway was frightened to leave Cole's residence and needed assistance in escaping. Killeen Police Department rescued the minor from Cole's residence and requested an investigation from the Office of the Texas Attorney General's human trafficking unit. During the course of the investigation, authorities identified another 16-year-old minor as being sexually trafficked by Cole, as well as a third minor who was being actively recruited by Cole.
Cole has remained in custody since his arrest on August 15, 2012, when he arrived at an agreed upon location in Killeen to pick-up the third minor.
This case was investigated by the Office of the Texas Attorney General and the Killeen Police Department with assistance from the United States Marshals Service. Assistant United States Attorney Mary Kucera and Special Assistant United States Attorney/Assistant Attorney General Geoff Barr prosecuted this case on behalf of the Government.Justice Department Prevails in Tax Shelter Case Involving $1 Billion in Tax DeductionsRead the Press Release
A federal court in Baton Rouge, La., on Monday rejected two tax shelter transactions entered into by The Dow Chemical Company that purported to create approximately $1 billion in phony tax deductions. In addition to rejecting the tax benefits from the shelter transactions, Chief Judge Brian A. Jackson also imposed penalties.
As stated in the opinion, the schemes were created by Goldman Sachs and the law firm of King & Spalding, and involved creating a partnership that Dow operated out of its European headquarters in Switzerland. Chief Judge Jackson wrote in his 74-page opinion that the government was correct to reject the artificial tax benefits created by these schemes that were designed to exploit perceived weaknesses in the tax code and not designed for legitimate business reasons. Judge Jackson noted that “tax law deals in economic realities, not legal abstractions.” Judge Jackson also wrote that penalties were appropriate because any reasonable and prudent person should have known that the artificial tax benefits created by the scheme were “too good to be true.” Judge Jackson noted in his opinion that “Dow viewed its tax department as a profit center,” and had at its disposal “numerous lawyers and tax professionals.”
Assistant Attorney General Kathryn Keneally of the Justice Department’s Tax Division hailed the Louisiana court’s opinion. “It is offensive to all taxpayers who pay their fair share when our largest corporations believe that they can claim hundreds of millions of dollars in tax deductions that are manufactured by abusive tax schemes,” said Keneally. Keneally thanked the agents and attorneys at the Internal Revenue Service who assisted the Justice Department, as well as Tax Division trial attorneys, Thomas Sawyer, Robert Welsh, Thomas Koelbl and Philip Schreiber.
Related Materials:
United States v. Chemtech Royalty Associates, L.P., etc.
Memorandum Ruling (PDF)Jury Convicts Independence Man of Social Security Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., man was convicted in federal court today of a scheme to receive Social Security disability payments while running a mortgage brokerage firm that he founded in Blue Springs, Mo.
Charles Daniel Koss, 63, of Independence, was found guilty of two counts of theft of government money, one count of Social Security disability fraud, one count of mail fraud and one count of transmitting a false negotiable instrument with the intent to defraud the government.
Evidence introduced during the trial indicated that Koss fraudulently received a total of $212,768 in Social Security disability insurance payments between September 1994 and January 2010. He also fraudulently received a $250 American Recovery and Reinvestment Act payment. During that time, Koss owned and operated Embassy Mortgage in Blue Springs, a company he founded in 1994. Several witnesses during the trial confirmed that Koss worked full-time as a loan officer and ran the business; his wife did paperwork, such as paying bills and processing documents. Embassy Mortgage was involved in approximately 550 closings, nearly all of which were conducted with Koss present.
Koss, who began receiving disability payments in 1987, failed to report any change in his health condition or any income from Embassy Mortgage to the Social Security Administration. In order to qualify for and to keep receiving Social Security disability insurance benefits, a person must be so disabled that they are unable to perform substantial work. Individuals are required to report all work activity to the Social Security Administration. Koss led an active lifestyle that included bowling, golfing, horseshoes, boating, activities at his lake house and frequent visits to Ameristar Casino, where he gambled a total of $260,000 during this time.
On April 15, 2010, Koss received a billing statement from the Social Security Administration requesting repayment of the $212,768 he was overpaid as a result of his unreported work activity. About a month later, he mailed to the Social Security Administration a document entitled “Registered Private Money Order,” a false negotiable instrument purporting to draw on a trust account purportedly held at the United States Treasury. In actuality, the account did not exist and the document was fraudulent.
Koss told federal agents in interviews during the investigation that he has studied redemption theory. Redemption theory involves bogus claims that when the United States government abandoned the gold standard in 1933, it pledged its citizens as collateral so it could borrow money. The movement also asserts that common citizens can gain access to funds in secret accounts using obscure procedures and regulations. According to the theory, the government created a fictitious person (or “straw man”) corresponding to each newborn citizen and each citizen has an alleged secret trust account with the United States Treasury. The theory also claims that through obscure procedures under the Uniform Commercial Code, a citizen can “reclaim” the “straw man” and write negotiable instruments against its accounts. Its adherents sometimes call themselves “sovereign citizens.” The “sovereign citizen” movement is a loosely organized collection of groups and individuals who have adopted anarchist ideology. Its adherents believe that virtually all existing government in the United States is illegitimate and they seek to “restore” an idealized, minimalist government that never actually existed.
Redemption theory and sovereign citizen beliefs are totally without merit and they have no basis in law or fact. Individuals often use these ideas to further various fraudulent schemes.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about three and a half hours before returning the guilty verdicts to U.S. District Judge Brian C. Wimes, ending a three-day trial that began Tuesday, Feb. 19, 2013.
Under federal statutes, Koss is subject to a sentence of up to 61 years in federal prison without parole, plus a fine up to $1.1 million and an order of restitution. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Special Assistant U.S. Attorney Trey Alford, Assistant U.S. Attorney Daniel M. Nelson and Special Assistant U.S. Attorney Kate Hoey. It was investigated by the Social Security Administration – Office of Inspector General, the Department of the Treasury – Inspector General for Tax Administration and the U.S. Postal Inspection Service.Jeffery Stock Sentenced to 46 Months in Federal Prison for Sex Offender Registration CrimeRead the Press Release
Stock placed on federal supervised release for life
GREENEVILLE, Tenn. -- Jeffery Lee Stock, 44, of Newport, Tenn., was sentenced on February 27, 2013, to serve 46 months in prison by the Honorable J. Ronnie Greer, U.S. District Judge. Stock previously pleaded guilty to a federal grand jury indictment charging him with interstate travel and failure to register as a convicted sex offender.
In January 2013, Stock pleaded guilty in state court in Cocke County, Tenn., to second-degree murder, arson, and theft relating to the disappearance of Megan Maxwell. Under the terms of the plea agreement Stock negotiated with the district attorney general, to serve a term of 18 years in state prison at 100%, with credit for time served since he was arrested on the federal sex offender registration charge and credit for any time he will serve on the federal violation.
Under the Cocke County judgment, Stock faces no time on supervised release by the state court judicial system. Judge Greer ordered Stock, whom he described as highly likely to commit future offenses and exhibiting a very profound lack of respect for the law, to serve lifetime supervised release by the federal court system upon his release from state court prison.
The indictment and subsequent conviction of Stock was the result of an investigation conducted by the Cocke County Sheriff’s Office, Newport Police Department, and the U.S. Marshals Service. Assistant U.S. Attorney Helen Smith represented the United States.
William C. Killian, U.S. Attorney for the Eastern District of Tennessee, stated, “This is a very good example of federal and state law enforcement authorities working together to maximize protection to local communities. Because of the negotiated plea agreement Stock is now on federal supervised release for the remainder of his life, reducing the chances that he will victimize other young women again.”
Idaho Aquarium Operator Faces Possible Bond RevocationRead the Press Release
Nephew Arrested for Obstruction of Justice
BOISE – Ammon Covino, 39, of Meridian, Idaho, was arrested yesterday for violating the conditions of his pretrial release on a Florida indictment charging violations of the Lacey Act, U.S. Attorney Wendy J. Olson announced. Federal prosecutors earlier filed a motion to revoke Covino’s bond. According to the motion, investigators learned that Covino directed his nephew, Pete Covino IV, to contact an individual in Florida and destroy certain information relating to a recent order Covino placed for undersized and illegal nurse sharks. Pete Covino IV, 20, of Star, Idaho, also was arrested and charged with obstruction of justice based on a complaint filed in the Southern District of Florida. Both men appeared in Boise federal court this morning. Ammon Covino is due back in court on Friday, March 1, to determine if he should be detained pending transfer to the Southern District of Florida. Peter Covino IV is scheduled to appear in Florida federal court on March 15.
Ammon Covino was first arrested February 21 on a November 8, 2012, Southern District of Florida indictment charging him and Christopher Conk with conspiracy to violate the Lacey Act and violating the Lacey Act by purchasing Florida protected marine life in interstate commerce. The four count indictment alleges that Covino and Conk purchased four spotted eagle rays (Aeobatus narinari) and two lemon sharks (Negaprion brevirostris) for approximately $6,300. The marine wildlife were allegedly harvested illegally and without a permit.
At his initial appearance on February 21, Covino was released on a $100,000 bond. Chief U.S. Magistrate Judge Candy W. Dale ordered Covino not to commit any new federal, state or local crimes as one of the conditions of his release. If Judge Dale determines that Covino did violate the conditions of his pretrial release or committed a new crime, she may revoke his bond.
Ammon Covino and Christopher Conk are each charged with one count of Conspiracy and three counts of Illegal Purchase and Sale of Fish/Wildlife. Each count is punishable by up to five years in prison, a maximum fine of $250,000, and three years of supervised release. The indictment also includes a forfeiture count. Pete Covino, IV, is charged with one count of obstruction of justice. That charge is punishable by up to twenty years in prison, a maximum fine of $250,000 and three years of supervised release.
The case is being investigated by U.S. Fish and Wildlife Service (USFW), National Oceanic and Atmospheric Administration (NOAA), and Idaho Department of Fish and Game.
In the federal criminal justice system, indictments and complaints are only allegations of criminal conduct and are not evidence of guilt. A person is presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.
Greenfield Attorney Sentenced to Prison for Four Years of Tax EvasionRead the Press Release
BOSTON - A Greenfield attorney was sentenced today in U.S. District Court in Springfield for tax evasion.
Gregory Olchowski, 57, was sentenced by U.S. District Judge Michael A. Ponsor to six months in prison, followed by one year of supervised release, six months of which will be served in home confinement, and an $8,000 fine. In September 2012, Olchowski pleaded guilty to four counts of tax evasion.Between Jan. 1, 2003 and Dec. 9, 2011, Olchowski evaded the proper assessment of his federal income taxes for four separate tax years. Olchowski did so by arranging to receive income in the form of cash and checks to third-parties for his own benefit, which he did not intend to report to the Internal Revenue Service; filing individual income tax returns that did not report this income; concealing documents concerning this unreported income that were responsive to a subpoena in a criminal investigation; and providing materially false information to IRS criminal agents. Prior to the sentencing, Olchowski closed his law practice and repaid the IRS $148,805 in taxes, interest and penalties based upon his tax evasion.
United States Attorney Carmen M. Ortiz and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Steven H. Breslow of Ortiz’s Springfield Branch Office.
Four indicted by Federal Grand Jury for prisoner tax fraud scheme and aggravated identity theftRead the Press Release
Anchorage, Alaska - U.S. Attorney Karen L. Loeffler announced today that three men and a woman have been indicted by a federal grand jury in Anchorage, Alaska, on 46 counts of conspiracy to defraud the government, mail fraud, and aggravated identity theft related to a prisoner tax fraud scheme.
The four defendants named in the indictment are Anchorage residents Steven McComb, 46, Michael Sexton, 42, Paulando Williams, 47, and Helen Maloney, 44. McComb, Williams, and Maloney are scheduled to be arraigned in federal court today. Sexton has not yet been arrested.
According to the indictment, between 2010 and 2012, the defendants joined in a conspiracy to file false tax returns and obtain tax refunds from the United States Treasury to which the defendants knew they were not entitled. The defendants obtained the names and social security numbers of individuals, many of whom were inmates at correctional facilities. The defendants prepared false individual income tax returns claiming false wages and withholding amounts, for which there were no W-2 Forms actually issued by employers. Each return claimed that the taxpayer was owed thousands of dollars in refunds for which the defendants were not entitled. The charges allege that the conspirators forged the individuals’ signatures on the false tax returns, used their own personal addresses on those forms and mailed the false income tax returns to the Internal Revenue Service.
The conspiracy allegation includes that the conspirators prepared and submitted by mail approximately 100 false tax returns using the names and social security numbers of approximately 35 individuals seeking approximately $213,267 in fraudulent refund claims. As a result of the fraud, the U.S. Treasury sent refunds of approximately $110,698 out of the $213,267 falsely claimed in their fraudulent tax returns.
The statutory maximum penalty for conspiracy to defraud the government with respect to claims is 10 years’ imprisonment, 3 years’ supervised release, and a $250,000 fine. The statutory maximum penalty for mail fraud is 20 years’ imprisonment, 5 years’ supervised release, and a $250,000 fine. The statutory penalty for aggravated identity theft is a mandatory consecutive sentence of 2 years’ imprisonment. All four defendants are charged with a criminal forfeiture allegation for their interest in any property which constitutes or is derived from proceeds traceable to a violation of mail fraud or a money judgment not to exceed $110,698.
Ms. Loeffler commends the Internal Revenue Service – Criminal Investigation Division for the investigation of this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Four More Co-defendants Sentenced for Trafficking Meth in Southwest IdahoRead the Press Release
BOISE – U.S. Attorney Wendy J. Olson announced today that four more co-defendants–members of a southwest Idaho drug trafficking organization–were sentenced in United States District Court in Boise this week for conspiracy to possess with intent to distribute methamphetamine. This brings to 11 the number of defendants sentenced in the case.
On Monday, Chief U.S. District Judge B. Lynn Winmill sentenced Benjamine L. Vertner, 34, of Ontario, Oregon, to 138 months in prison, and Patric Campbell, 36, of Boise, to 124 months. They pleaded guilty in September 2012. Sentenced today by U.S. District Judge Justin L. Quackenbush were Kristopher Hensley, a/k/a Casey (K.C.) Hensley, 26, of Weiser, Idaho, to 51 months in prison, and Johnny A. Tambunga, 40, of Weiser, to 47 months in prison. They pleaded guilty in October 2012. The four defendants were each ordered to serve five years of supervised release following their federal prison term.
According to court documents, the defendants each admitted that from early November 2011 through May 16, 2012, they conspired with others, including co-defendants, to distribute a total of approximately 11 pounds of methamphetamine in Canyon, Payette and Washington counties in Idaho.
Co-defendant Dawson Lee Moore, 60, of Weiser, pleaded guilty on January 4 to one count of conspiracy to possess with intent to distribute methamphetamine. He is scheduled to be sentenced on March 27 at the federal courthouse in Boise.
On February 4, three co-defendants were sentenced to serve federal prison sentences on related drug trafficking charges. Jacob James Clevenger, 31, of Weiser, was sentenced to 188 months; Mario Martinez, Jr., 55, of Greenleaf, Idaho, to 57 months; and Fabian Jordano Beltran, 23, also of Weiser, to 36 months.
On January 22, three co-defendants were convicted by a federal jury of conspiracy to distribute methamphetamine. Jesus Guadalupe Sanchez a/k/a Jose Salazar, a Mexican national, Michael Dennis Morris, and Jim Allen Loveland are scheduled to be sentenced on April 8. Sanchez was also convicted of possession of methamphetamine with intent to distribute.
The case was investigated by the Idaho State Police.
Founder of Violent "Dead Man Incorporated" Gang Exiled to Life in Prison on Federal Racketeering ChargesRead the Press Release
Baltimore, Maryland - James Sweeney, age 36, of Baltimore, Maryland, was sentenced to life in prison, for conspiracy to participate in a violent racketeering enterprise known as the Dead Man Incorporated (DMI). Sweeney was a founder of DMI and became its “Supreme D.”
The sentence was imposed on February 25, 2013, by U.S. District Judge Marcia A. Crone in the Eastern District of Texas, where Sweeney is currently serving a 30 year Maryland sentence for a 1996 second degree murder conviction. As part of his Maryland plea agreement, at the conclusion of the sentencing, federal prosecutors in Texas dismissed an indictment charging Sweeney with the murder of an inmate at the federal prison in Beaumont, Texas.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief James W. Johnson of the Baltimore County Police Department; Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Commissioner Anthony W. Batts of the Baltimore Police Department; Anne Arundel County Police Chief Larry W. Tolliver; Secretary Gary D. Maynard of the Maryland Department of Public Safety and Correctional Services; Baltimore County State’s Attorney Scott Shellenberger; Baltimore City State’s Attorney Gregg L. Bernstein; and Anne Arundel County State’s Attorney Frank R. Weathersbee.
According to his plea agreement, in 2000, Sweeney was a founding member of DMI, created originally as a prison gang in Maryland. By 2006, DMI expanded its membership by recruiting members outside prison, including women.
Sweeney admitted that prior to his transfer to federal custody he was incarcerated in state prison facilities in Maryland and oversaw the activities of DMI. In order to make money for the gang and to enable white prisoners to retaliate against black gangs and cliques, Sweeney announced that DMI was available to do “hits” for hire. Sweeney participated in the smuggling of drugs into prisons by, and on behalf of, DMI members, including heroin, powder and crack cocaine, marijuana, and prescription drugs. During his years in prison in Maryland and in the federal system, Sweeney ordered numerous “hits” in furtherance of DMI, as well as assaults.
Perry Roark, a/k/a Rock, “Pops,” “Slim,” “Saho the Ghost,” age 42, previously pleaded guilty and was sentenced to life in prison for the racketeering conspiracy. Roark had been the “Supreme Commander” of DMI since it was originally created as a prison gang in Maryland in 2000.
Mr. Rosenstein praised the FBI, ATF, Maryland Department of Public Safety and Correctional Services; Baltimore County Police Department; Anne Arundel County Police Department; Baltimore City Police Department; the Maryland State Police; Baltimore County State’s Attorney’s Office; Baltimore City State’s Attorney’s Office; and Anne Arundel County State’s Attorney’s Office for their assistance in this investigation and prosecution.
United States Attorney Rod J. Rosenstein thanked the U.S. Attorney’s Office for the Eastern District of Texas for their assistance and commended Assistant United States Attorneys Robert R. Harding and Christopher J. Romano, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Former Trenton, N.J., City Employee Admits Involvement in Corruption and Narcotics ConspiraciesRead the Press Release
TRENTON, N.J. – A former Trenton city employee today admitted his participation in a bribery scheme involving Trenton Mayor Tony F. Mack, the mayor’s brother, Ralphiel Mack, and close associate, Joseph A. “JoJo” Giorgianni, U.S. Attorney Paul J. Fishman announced.
Charles Hall III, 49, of Trenton, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an Information charging him with one count of conspiracy to obstruct commerce by extortion under color of official right. He also pleaded guilty to one count of conspiracy to distribute oxycodone in a separate conspiracy with Giorgianni and others.According to documents filed in this case and statements made in court: From September 2010 through June 2012, Hall, Tony Mack, and Ralphiel Mack agreed to accept corrupt cash payments and other things of value from two cooperating witnesses in exchange for the mayor’s official assistance with the cooperating witnesses’ efforts to acquire a city owned lot (the “East State Street Lot”) to develop an automated parking garage. Hall admitted that he, Giorgianni, and Tony Mack agreed that Mack would take official action to fix the sale price of the East State Street Lot at $100,000 in exchange for a $100,000 bribe payment. Hall admitted that he met with a Trenton city official and caused that official to issue a letter offering to sell the East State Street Lot for $100,000, which was substantially lower than what the cooperating witness was willing to pay. Hall further admitted that he, Giorgianni, and Tony Mack agreed to split among themselves the $100,000 bribe payment.
Hall said Tony Mack instituted a system of “buffers,” or intermediaries, to receive bribe payments on his behalf. He admitted that Giorgianni and Ralphiel Mack served as Tony Mack’s intermediaries. Hall said that when talking over the telephone, he, Tony Mack, Giorgianni, and Ralphiel Mack limited their conversations to hide the illegal nature of the scheme in case law enforcement was tapping their phones. Hall admitted that “Uncle Remus” was a code word used by Hall, Tony Mack, and Giorgianni to signal that a bribe payment was available for pickup from Giorgianni. On Dec. 6, 2012, the Mack brothers and Giorgianni were charged in an eight-count Indictment with extortion, bribery and mail and wire fraud.
In addition to the parking garage project-related bribe and extortion payments, Hall also admitted his involvement in a narcotics distribution conspiracy involving Giorgianni and others. Hall said he obtained, in coordination with Giorgianni, oxycodone-based pain medication, for the purpose of distribution. Jojo’s Steakhouse, a restaurant operated by Giorgianni and Mary Manfredo, 65, of Lawrenceville, N.J., served as a front where oxycodone pills and drug proceeds were received and distributed. Also charged by Complaint on Sept. 4, 2012, along with Giorgianni and Manfredo in the drug conspiracy are:
Name
Age
Town
31
Trenton
Ralph Dimatteo Sr.
63
Trenton
Giuseppe A. Scordato
47
Hamilton, NJ
Carol Kounitz
57
Hamilton, NJ
Stephanie Lima
41
Yardville, NJ
Mark Bethea
45
Trenton
Eugene Brown
70
Atlantic City, NJ
The investigation did not reveal evidence that either Tony Mack or Ralphiel Mack were involved in the narcotics conspiracy.
The extortion conspiracy count to which Hall pleaded guilty is punishable by a maximum potential penalty of 20 years in prison and a fine of $250,000 or twice the gross gain or loss from the offense. The narcotics conspiracy count is punishable by a maximum penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for June 5, 2013.
U.S. Attorney Fishman credited special agents of the FBI’s Trenton Resident Agency, Newark Field Office, under the direction of Acting Special Agent in Charge David Velazquez with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Eric W. Moran and Matthew J. Skahill of the U.S. Attorney’s Office Special Prosecutions Division in Trenton and Camden, respectively.
The charges and allegations in the Indictment and Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
13-094
Defense counsel for Charles Hall III: Alan D. Bowman Esq., Newark
Hall Information
Former Tennessee Driver License Service Center Employee Sentenced to 27 Months in Prison for BriberyRead the Press Release
Larry Murphy,54, of Antioch, Tenn. and Anny Castillo, 30, of Madison, Tenn., were sentenced on February 15, 2013, on federal bribery charges stemming from the fraudulent issuance of Tennessee driver licenses, announced Jerry E. Martin, U.S. Attorney for the Middle District of Tennessee.
Murphy, who had been employed by the Tennessee Department of Safety and Homeland Security as a licensing clerk, was sentenced to 27 months in prison and ordered to forfeit almost $70,000 in bribes he received for issuing driver’s licenses to unauthorized applicants.
Castillo was sentenced to 90 days in prison and nine months of house arrest for paying bribes to Murphy to obtain licenses for applicants who did not pass the required tests. Castillo was also ordered to forfeit $42,500 which she received to broker the transactions. Both defendants requested more lenient sentences, but U.S. District Judge Kevin Sharp noted that the sentences imposed were called for due to the serious nature of the offense.
“Government employees owe a duty of trust to the citizens of Middle Tennessee that they serve,” said United States Attorney Jerry Martin. “Public employees who corruptly breach that trust should expect to go to prison, even if, like Mr. Murphy, they have not previously been in serious trouble with the law.Raymond R. Parmer, Jr., Special Agent in Charge of Homeland Security Investigations (HSI), New Orleans, who oversees the region that includes Tennessee, added, “Fraudulent documents threaten the security of all citizens by making it easier for criminals to commit a range of offenses from identity theft to potential terrorism. HSI and its law enforcement partners continually work together to identify and prosecute criminals who violate the public trust.”
This case was jointly investigated by Homeland Security Investigations, the FBI and the Tennessee Department of Safety and Homeland Security. The United States was represented by Assistant U.S. Attorney Hilliard Hester.
Tennessee Safety and Homeland Security Commissioner Bill Gibbons stated, “There are homeland security concerns with identity crimes as it relates to driver licenses. Our department initiated this investigation as soon as we learned of possible criminal activity by Mr. Murphy, an employee in one of the state’s driver services centers. With the help of our federal partners, justice was served and the sentence was appropriate for the crime.”Former Middle Smithfield Township Supervisor Robert SpanoRead the Press Release
Enters Guilty Plea To Charge Of Making False Statements In Connection With A Health Care Matter
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Supervisor in Middle Smithfield Township, Monroe County, pleaded guilty today before United States Magistrate Judge Thomas M. Blewitt to the charge of making false statements in connection with health care benefits.
According to United States Attorney Peter J, Smith, Robert Spano, age 63, admitted to violating a federal statute prohibiting the making of false statements in connection with a health care matter.
Spano was previously indicted by a grand jury in November 2011. The indictment alleged that Spano, while he was a Supervisor and employee of Middle Smithfield Township, participated in the township’s group health benefit plan administered by Blue Cross of Northeastern Pennsylvania and in the township’s dental care benefits plan administered by United Concordia.
The indictment charged that Spano completed health insurance and dental insurance enrollment forms in November of 2007 in which he listed his girlfriend, referred to in the indictment as “C.B.,” as his spouse, and as having the last name “Spano,” when in fact her last name was not “Spano,” and she was not his spouse. The indictment stated that Robert Spano was still legally married to another person and had filed for divorce from his wife in January 2011.
As a result of Spano’s misrepresentations, Middle Smithfield Township, Blue Cross of Northeastern Pennsylvania, and United Concordia incurred expenses totaling approximately
$24,488 for medical and dental services provided to C.B. and for higher health insurance premiums between 2007 and 2010.The case was investigated by the Federal Bureau of Investigation and the Northeastern Pennsylvania Insurance Fraud Task Force.
The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara
In this particular case, the maximum penalty under the federal statute is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the federal sentencing guidelines, the Judge is required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
A sentencing date has not been scheduled.
Former Logan County Bank President Pleads Guilty to Embezzling from BankRead the Press Release
Springfield, Ill. – The former president of a Logan County bank, Bryson John Russell, 65, of Lincoln, Ill., today admitted that he has embezzled funds from the Hartsburg State Bank. During his appearance before U.S. Magistrate Judge Byron Cudmore, Russell waived indictment and entered a plea of guilty to a single count of embezzlement as charged in an information filed on Feb. 20, 2013, by the U.S. Attorney’s Office for the Central District of Illinois.
According to court documents and statements made during today’s hearing, the government estimates the total loss to the bank to be between $376,000 and approximately $562,292. According to statements presented by the government during today’s hearing, Russell began working at Hartsburg State Bank, in Hartsburg, Ill., in 1966. He became bank president in 1989.
Russell admitted that he began taking cash from the bank to pay for personal items and obligations. At some point, Russell began creating bank loans in the names of various bank customers, including relatives. When the various loans were due, Russell created different, larger loans in relatives’ names and other bank customers’ names to pay off the loans, as well as to embezzle additional money. Further, Russell admitted cashing a customer’s $15,000 certificate of deposit and applying the proceeds to a loan he had created in the customer’s name.
Sentencing for Russell is scheduled on June 27, 2013, before U.S. District Judge Richard Mills. For the offense of embezzlement, the statutory penalty is up to 30 years in prison and a fine of up to $1,000,000. The defendant may also be ordered to pay restitution to the victim.
The charges were investigated by the Federal Bureau of Investigation in coordination with the Hartsburg State Bank. Assistant U.S. Attorney Patrick D. Hansen is prosecuting the case.
Former Lincoln Resident Sentenced for Conspiracy to Distribute Methamphetamine and Cocaine and Failure to AppearRead the Press Release
United States Attorney Deborah R. Gilg announced that on February 27, 2013, Fernando Sanchez-Sanchez, formerly of Lincoln, was sentenced to a total of 235 months in prison for conspiracy to distribute methamphetamine and cocaine and failure to appear.
Sanchez-Sanchez, 27, was originally indicted for conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine and 500 grams or more of a mixture or substance containing cocaine in March of 2009. Information provided to law enforcement indicated that between April of 2007 and September of 2008, Sanchez-Sanchez was responsible for the distribution of 15 kilograms or more of a mixture or substance containing methamphetamine and at least 2 kilograms of a mixture or substance containing cocaine. Sanchez-Sanchez pled guilty to that charge in July of 2009 and was scheduled to be sentenced on October 27, 2009, but he failed to appear for sentencing. In November of 2009, Sanchez-Sanchez was indicted for failure to appear. He was arrested on January 17, 2012, and pled guilty to the failure to appear charge in May of 2012.
The two cases were consolidated for sentencing, and Sanchez-Sanchez was sentenced to 188 months on the drug conspiracy charge and 47 months on the failure to appear charge, with the sentence for the failure to appear to be served consecutively to the sentence on the drug charge. Sanchez-Sanchez was also ordered to serve five years on supervised release following the prison terms and was ordered to pay $200 in special assessments.
The drug conspiracy case was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriffs Department, the Federal Bureau of Investigation, (FBI), and the University of Nebraska-Lincoln Police. The failure to appear case was investigated by the United States Marshal’s Service.
Former Lawrence County Man Sentenced to Prison for Failing to Register as A Sex OffenderRead the Press Release
PITTSBURGH - A resident of Lawrence County has been sentenced in federal court to 18 months imprisonment, to be followed by 10 years of supervised release, on his conviction of failure to register as a sex offender, United States Attorney David J. Hickton announced today.
Senior United States District Judge Gustave Diamond imposed the sentence on James Andrew Williams, 45
According to information presented to the court, between Dec. 1, 2009, until March 2, 2010, Williams failed to register as a sex offender, as required by the Sex Offender Registration and Notification Act.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Marshals Service for the investigation leading to the successful prosecution of Williams.
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.
Former El Paso Businessman Sentenced to Federal Prison for Role in Ammunition Smuggling SchemeRead the Press Release
This morning in El Paso, 49-year-old Hector Ayala, former owner of Uniforms of Texas, was sentenced to two years in federal prison for his role in a scheme to smuggle ammunition and other prohibited items into the Republic of Mexico announced United States Attorney Robert Pitman and Homeland Security Investigations (HSI) Special Agent in Charge Dennis Ulrich in El Paso.
In addition to the prison term, United States District Judge David Briones ordered that Ayala perform 200 hours of community service and be placed under supervised release for a period of three years after completing his prison term. Furthermore, Judge Briones ordered that Ayala pay a $200,000 monetary judgment as well as forfeit to the Government 8,600 rounds of ammunition, $103,000 in U.S. Currency as well as approximately $1 million worth of military and law enforcement equipment seized by authorities during this investigation.
In December 2012, Ayala pleaded guilty to one count of facilitating the smuggling of goods from the United States. By pleading guilty, Ayala admitted that from September 1, 2009, to December 3, 2011, he concealedand facilitated the transportation of multiple calibers and quantities of ammunition; approximately 300 high capacity ammunition magazines and drums; and, approximately 800 ballistic vests with ceramic plates knowing that the items were intended to be exported from the United States into Mexico.
Dennis A. Ulrich, special agent in charge for HSI El Paso, said this case goes to the core of HSI’s mission, which is to disrupt and dismantle transnational criminal organizations. “Our special agents are charged with investigating and arresting individuals who threaten national security and public safety by violating U.S. laws,” said Ulrich. “Successful prosecution of criminals who illegally export weapons and ammunition to Mexico also helps secure our border.”
The case was investigated by ICE-HSI agents together with the Bureau of Alcohol, Tobacco, Firearms and
Explosives as well as the El Paso Police Department Stash House Unit. Assistant United States Attorney Greg McDonald prosecuted this case on behalf of the Government.Former Director for Chicago Black Nurses Association Pleads Guilty to Fraud SchemeRead the Press Release
Springfield, Ill. – A former program director for the Chicago Chapter of the National Black Nurses Association, Margaret A. Davis, 62, entered pleas of guilty this afternoon to mail fraud and money laundering in a scheme that defrauded state grant programs from 2005 to 2009. Davis appeared before U.S. District Judge Sue E. Myerscough, who scheduled sentencing for July 22, 2013. According to terms of the conditional plea agreement, Davis faces a sentence of no more than 41 months in prison. Davis may also be ordered to pay restitution. Davis was allowed to remain on bond pending sentencing.
In court documents and during today’s hearing, Davis admitted that from December 2005 to June 2009, she solicited and received 15 different grants and contracts totaling $1,062,000 on behalf of the Chicago Chapter of the Black Nurses Association from Illinois state agencies including the Department of Commerce and Economic Opportunity; Department of Public Health; Department of Human Services; and the State Board of Education. Davis represented that the grant funds and contracts would be used to conduct numerous healthcare advocacy-related and nursing student assistance programs, including recruitment of 200 students from one Illinois senatorial district to participate in the “Young Enough to Make a Difference Project;” educational activities to promote public awareness of HIV/AIDS, breast and cervical cancer, prostate cancer, and pandemic flu; and, implementation of two nursing student internship programs.
Instead, Davis admitted that she, with the assistance of former chapter treasurer Tonja Cook, 45, commingled and converted a substantial amount of funds to Davis’s personal use and to Davis’s family members, friends and associates; to a not-for-profit healthcare advocacy organization known as the African American Aids Network, which Davis controlled; and, for the personal use and benefit of Cook.
Davis admitted that more than $200,000 in grant funds was converted to cash by cashing numerous checks at a currency exchange located near Davis’s residence. Further, Davis admitted that she caused more than $100,000 in grant funds to be made payable to AAAN by failing to disclose her interest in the organization to the State of Illinois, concealed the amount of grant and contract funds to be disbursed to AAAN, and forged the name of a co-signatory on AAAN bank account checks. Davis admitted that she deposited $125,000 in grant proceeds, converted to cash, into her personal bank account and used the funds for payment of personal expenses, including payments for her mortgage, utility and credit card expenses.
Sentencing for Cook is currently scheduled for Mar. 25, 2013; however, a motion to continue the sentencing date is pending. On Nov. 26, 2012, Cook entered a plea of guilty to a single count of mail fraud related to the scheme to defraud. Cook remains on bond pending sentencing.
Assistant U.S. Attorney Timothy A. Bass is prosecuting the case on behalf of the U.S. Attorney’s Office for the Central District of Illinois. The investigation is being conducted by participating agencies of the Central District of Illinois’ U.S. Attorney’s Office’s Public Corruption Task Force including the U.S. Postal Inspection Service, Chicago Division; the Internal Revenue Service Criminal Investigations; and the Illinois Secretary of State Office of Inspector General. Individuals who wish to provide information to law enforcement regarding matters of public corruption are urged to call the U.S. Attorney’s Office at 217-492-4450.
Former Correctional Officer Pleads Guilty to Conspiring to Assault an InmateRead the Press Release
Dustin Norris, a former correctional officer at the Roxbury Correctional Institution (RCI) in Hagerstown, Md., pleaded guilty to conspiring with other RCI officers to assault an inmate at the state prison on March 9, 2008.
Norris, 28, pleaded guilty to conspiring with other RCI officers to beat K.D. on March 9, 2008.
According to court documents filed in connection with his guilty plea, Norris and other officers met at RCI and agreed to assault K.D. in retaliation for a prior incident involving K.D. and another officer. Norris and four other correctional officers then entered K.D.’s cell and assaulted inmate K.D., while a fifth officer, Ryan Lohr, watched from the cell door. The officers beat inmate K.D. even though the inmate already had visible facial injuries. Following this assault, K.D. was transported to a local hospital.
Norris further admitted that he lied to state investigators when he was asked about the injuries K.D. suffered while held in a single-occupant segregation cell.
“Mr. Norris has admitted that he and other officers used unjustified and unlawful force to punish an inmate,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department will continue to vigorously prosecute those officers who violate the constitutional rights of inmates.”
Norris faces a maximum penalty of 5 years in prison and a fine of $250,000. Sentencing is set for Oct. 28, 2013, before U.S. District Judge James K. Bredar.
In a related case, former RCI Correctional Officer Ryan Lohr entered a guilty plea on Jan. 30, 2013, also before Judge Bredar.
The investigation by the Frederick Resident Agency of the FBI is ongoing. The case is being prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Sanjay Patel of the Civil Rights Division of the Department of Justice, with the assistance of the U.S. Attorney’s Office for the District of Maryland.
Florida Couple Pleads Guilty for Roles in Procurement Contract Bribery SchemeRead the Press Release
SALT LAKE CITY – A Florida couple who owned a military contracting company pleaded guilty Wednesday in federal court in Salt Lake City for their roles in a bribery and fraud scheme involving federal procurement contracts, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney David B. Barlow for the District of Utah.
Sylvester Zugrav, 70, of Sarasota, Fla., pleaded guilty to conspiracy to commit bribery and procurement fraud. His wife, Maria Zugrav, 67, also of Sarasota, pleaded guilty to misprision of a felony related to her efforts to conceal the conspiracy. The Zugravs were charged in an indictment, returned on Oct. 12, 2011, along with Jose Mendez, 51, of Farr West, Utah,a procurement program manager for the U.S. Air Force Foreign Materials Acquisition Support Office (FMASO) at Hill Air Force Base, in Ogden, Utah.
Mendez was charged in the indictment with conspiracy, bribery and procurement fraud, and has since pleaded guilty to all charges and agreed to forfeit more than $180,000 he received as part of the bribery scheme and awaits sentencing.
According to court documents, the Zugravs owned Atlas International Trading Company, a business that contracted to provide foreign military materials to the U.S. government through FMASO.
In his plea agreement, Sylvester Zugrav admitted that, from 2008 through August 2011, he gave Mendez more than $180,000 in bribe payments, and offered Mendez more than $1.05 million in additional bribe payments contingent upon Atlas’s receipt of future contracts with FMASO. In exchange for Sylvester Zugrav’s bribe payments and offers, Mendez ensured that Atlas and Sylvester Zugrav received favorable treatment in connection with procurement contracts, including, among other things, assisting Atlas in obtaining and maintaining procurement contracts; assisting Atlas in receiving payments on such contracts; and providing Atlas with contract bid or proposal information or source selection information before the award of procurement contracts.
In her plea agreement, Maria Zugrav admitted that she was aware of Sylvester Zugrav’s bribe payments to Mendez and assisted with concealment of the crime. According to court records, Sylvester Zugrav provided bribe payments to Mendez in three ways: cash payments via Federal Express to Mendez’s residential address; in-person payments of cash and other things of value; and electronic wire transfers to a bank account in Mexico opened by and in the name of Mendez’s cousin. Between November 2009 and August 2011, Sylvester Zugrav sent nine FedEx packages to Mendez’s home address. Each package contained $5,000 in cash, except the last package, containing $3,000, which was seized by law enforcement. Maria Zugrav assisted her husband and Mendez’s bribe scheme by limiting cash withdrawals from Atlas’ bank account to not more than $5,000 to avoid scrutiny by banking officials and law enforcement.
According to the plea documents, on multiple occasions when Sylvester Zugrav and Mendez traveled to the same location, Sylvester Zugrav would give Mendez cash payments and other things of value. From 2008 through August 2011, Sylvester Zugrav gave Mendez seven in-person cash payments ranging from $500 to $10,000, and purchased a laptop computer and software package worth over $2,900.As Mendez admitted, during the course of the corrupt scheme, Mendez opened a foreign bank account so that Sylvester Zugrav could pay Mendez larger bribe payments. Mendez asked his cousin in Mexico to open an account there. After the account was opened by Mendez's cousin, Maria Zugrav made wire transfers to the bank account located in Mexico in the name of Mendez's cousin to avoid detection of the larger bribe payments by law enforcement. From 2008 through August 2011, Maria Zugrav sent 10 wire transfers to the Mexico account ranging from $350 to $26,700.
Court records also describe additional steps taken to conceal the bribery scheme, including creating and using covert e-mail accounts, using encrypted documents, adopting false names and using code words. For instance, to avoid detection of their e-mail communications, Sylvester Zugrav and Mendez established e-mail accounts to be used only to communicate requests and offers for bribe payments. Sylvester Zugrav and Mendez also created password-protected documents for e-mail communications, and used code words and false names. Within the encrypted documents, Mendez adopted the moniker “Chuco” and Sylvester Zugrav used the codename “Jugo.” They referred to cash as “literature.”
Sylvester Zugrav faces a maximum potential penalty of five years in prison and a $250,000 fine on the conspiracy count, and Maria Zugrav faces a maximum penalty of three years in prison and a $250,000 fine on the misprision count. Sentencing for the Zugravs is scheduled for June 19, 2013.
The case was investigated by the FBI and the Air Force Office of Special Investigations. The case is being prosecuted by Trial Attorneys Marquest J. Meeks and Edward P. Sullivan of the Criminal Division’s Public Integrity Section, Assistant U.S. Attorney Carlos A. Esqueda for the District of Utah and Trial Attorney Deborah Curtis of the National Security Division’s Counterespionage Section.
Firearm Possession Lands Mexican Citizen in Federal PrisonRead the Press Release
BROWNSVILLE, Texas – Luis Ivan Nino-Duenes, 28, of Control, Tamaulipas, Mexico, has been sentenced to prison following his convicted of being an alien in possession of a firearm, United States Attorney Kenneth Magidson announced today. Nino-Duenes pleaded guilty on June 19, 2012, immediately prior to jury selection in his trial.
Yesterday, U.S. District Court Judge Hilda G. Tagle, who accepted the guilty plea, handed him a 60-month prison term and three years of supervised release after he completes his term of incarceration. At the hearing yesterday, additional evidence was presented including that Nino-Durenes was a member of the Gulf Cartel for three years prior to his arrest and an enforcer for Plaza Boss Jose Luis Zuniga-Hernandez. Evidence was also presented that while in jail on this case, Nino-Duenes joined the prison gang known at the “Partido Revolutionario Mijicano” (PRM). The court found that he obstructed justice by joining the PRM and attempting to intimidate a witness.
At sentencing, Nino-Duenes argued that he did not join the PRM or obstruct justice. He argued that the federal sentencing guidelines called for a sentence of 21 months given he pleaded guilty and accepted responsibility for his crime.
In handing down the sentence, Judge Tagle indicated the court would issue a non-guideline sentence, noting the defendant’s flight from a gunfight in Mexico was an example of spill over violence. The court stated that “crime begins over there (Mexico) and ends over here (U.S).”
At the time of his guilty plea, Nino-Duenes admitted he had entered the United States illegally and that at the time of his arrest he was in possession of a customized gold, diamond and ruby encrusted Colt 38 Super handgun.
Nino-Duenes has been in custody since his arrest on Oct. 26, 2011, where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to the charges was conducted by Homeland Security Investigations.
The case is being prosecuted by Assistant U.S. Attorney Angel Castro.
Federal Grand Jury Indicts El Paso Attorney Marco Delgado in Connection with A Multi-million Dollar Fraud/Money Laundering SchemeRead the Press Release
In El Paso today, a federal grand jury returned a 17-count indictment charging 46-year-old El Paso attorney Marco Antonio Delgado a.k.a. Marco Delgado Licon in connection with a multi-million dollar wire fraud and money laundering scheme announced United States Attorney Robert Pitman and Homeland Security Investigations Special Agent in Charge Dennis Ulrich.
The indictment charges Delgado with two wire fraud counts and 15 money laundering counts. According to the indictment, in January 2010, Delgado, as a legal representative of FGG Enterprises, Inc. (FGG) signed a $121 million contract between FGG and the Comision Federal de Electricidad (CFE), a Mexican-state-owned utility company, for the acquisition and installation of equipment at the Agua Prieta II power plant located in Agua Prieta, Sonora, Mexico. Pursuant to the agreement, payments from CFE to FGG were to be deposited into a FGG bank account located in El Paso. The indictment alleges that Delgado, for the purpose of personal enrichment and without the consent of the sole owner of FGG, submitted a fraudulent written request to the Banco Nacional de Comercio Exterior in Mexico which caused two wire transfers—one on March 8, 2010, in the amount of $20 million and one on July 6, 2010, in the amount of $12 million—to be deposited into a bank account he controlled located in the Turks and Caicos Islands.
The indictment further alleges the Delgado subsequently wire transferred approximately $1.15 million from the Turks and Caicos Island bank account to bank accounts in El Paso, Taos, NM; and Pittsburg, PA, in order to conceal or disguise the nature, location source ownership or the control of the proceeds from his scheme.
The indictment also contains a notice of criminal forfeiture in which the Government is seeking the forfeiture of proceeds traceable to the indicted offenses, namely, $32 million in U.S. Currency, the defendant’s residence and furnishings in El Paso and condominium in Taos, NM; plus two vehicles.
“HSI investigates crimes and traces illegal activity around the globe, and as this case shows, it doesn’t matter in which countries individuals commit crimes,” said Dennis A. Ulrich, special agent in charge for HSI El Paso. “When individuals steal money from foreign governments, and attempt to use the United States infrastructure to launder those funds, HSI is committed to stop that activity.”
Upon conviction, Delgado faces up 20 years in federal prison per count. Delgado has remained in federal custody since his arrest in November 2012 based on an unrelated federal money laundering conspiracy charge contained in a separate indictment (EP12CR2106). That indictment alleges that Delgado is responsible for attempting to launder approximately $1 million in alleged drug distribution proceeds.
This indictment resulted from an investigation by the Homeland Security Investigations (HSI). Assistant
United States Attorney Juanita Fielden is prosecuting this case on behalf of the Government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.Fayetteville Woman Sentenced for Producing Child PornographyRead the Press Release
WILMINGTON - United States Attorney Thomas G. Walker announced that in federal court on February 22, 2013, in Wilmington, North Carolina, CATINA MARTELL, 38, of Fayetteville, North Carolina, was sentenced by Senior United States District Court Judge James C. Fox to 360 months imprisonment followed by a lifetime of supervised release.
On November 5, 2012, MARTELL pled guilty to one count of manufacturing/producing child pornography in violation of Title 18, United States Code, Section 2251(a) and (e).
“This case shows our ongoing determination to protect children in our community from those who prey on their innocence”, stated Mr. Walker.
Fayetteville Police discovered that in August of 2011, MARTELL had drugged a child and used the child to produce images of child pornography while the child was unconscious. Fayetteville Police Officers conducted a forensics review of MARTELL’S computer and found numerous images of child pornography. Fayetteville Police then worked with Homeland Security Investigations to complete the investigation and confirm by a forensic examination of computer equipment MARTELL’S criminal conduct. The Immigration and Custom’s Enforcement, Homeland Security Investigations Office in Raleigh was contacted because it was determined that MARTELL was sharing the images internationally.
"This sentence serves as an unfortunate reminder that women can be involved in these sickening crimes, too,” said Brock D. Nicholson, special agent in charge of ICE Homeland Security Investigations (HSI) in Atlanta. “While law enforcement agencies like HSI and the Fayetteville Police Department will continue to partner together to identify and arrest child predators, the sexual exploitation of children in our society is a growing problem that must be addressed by all levels of our communities."
This case is part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national initiative, go to www.projectsafechildhood.gov.
Investigation of this case was conducted by the Fayetteville Police Department, Immigration and Customs Enforcement-Homeland Security Investigations (HSI). Assistant United States Attorneys Jay Exum and Leslie K. Cooley prosecuted this case for the United States, with the support and assistance of the Cumberland County District Attorney’s Office.
Eagle Pass Police Officer Enters Guilty Plea in Connection with Stolen Firearm CaseRead the Press Release
In Del Rio, 40-year-old Eagle Pass police officer Eriberto Leija faces up to ten years in federal prison and a maximum $250,000 fine after pleading guilty this afternoon to one count of possession of a stolen firearm announce United States Attorney Robert Pitman and FBI Special Agent In Charge Armando Fernandez.
Appearing before United States Magistrate Judge Collis White, Leija admitted that on July 15, 2012, he possessed a stolen firearm, namely an M1 .30 caliber rifle with a folding stock. According to the factual basis filed in the case, Leija claimed to have discovered the firearm in a vacant lot in Eagle Pass while investigating a drive-by shooting incident. Furthermore, Leija admitted to taking a picture of it, then sending that picture to a co-worker in an attempt to sell the firearm for $500. The factual basis further states that on the following morning, Leija contacted EPPD dispatch and requested a firearms check through the NCIC database to determine if the rifle was stolen. The query returned a positive hit indicating that the weapon had been stolen. During questioning by EPPD personnel, Leija stated that he was not in possession of the firearm, that it was in Mexico, and that he queried it as a favor to a Mexican Federal Police officer.
The factual basis also states that Leija attempted to cover up the fact that he knowingly was in possession of a stolen firearm by soliciting a Mexico Federal Police officer to create a false document purporting to transfer the custody of the stolen firearm. When confronted by authorities with the solicitation and photo he sent to his coworker, Leija admitted that he lied about the scheme and the fact that the weapon had been in his possession the entire time.
Leija is currently on bond pending sentencing. Sentencing has yet to be scheduled.
This investigation was conducted by the Federal Bureau of Investigation together with the Eagle Pass Police Department. Assistant United States Attorney Jay Hulings is prosecuting this case on behalf of the
Government.Eagle Butte Woman Indicted for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota woman has been indicted by a federal grand jury for Child Abuse.
Alex White Eyes, age 23, was indicted by a federal grand jury on February 13, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 15 years of custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered. The charge is merely an accusation, and White Eyes is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. White Eyes was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Indicted for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Child Abuse.
Allen White, a/k/a AJ White, age 24, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 15 years of custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered. The charge is merely an accusation, and White is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. White was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Indicted for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Child Abuse.
David Roberts, Jr., age 30, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 15 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered. The charge is merely an accusation, and Roberts is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. Roberts was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Indicated for BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Third Degree Burglary.
Jake Morrison, age 31, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years in custody, a $250,000, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered.
The charge relates to a January 6, 2013 alleged break-in at a downtown business in Timber Lake. The charge is merely an accusation, and Morrison is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. Morrison was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Eagle Butte Man Convicted of AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Leon Donald Farlee, age 31, of Eagle Butte, South Dakota was convicted on February 22, 2013 of one count of Assault with a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury. The guilty verdicts followed a four-day federal jury trial. Each charge carries a maximum penalty of 10 years in prison, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
Farlee was indicted by a federal grand jury in April 2012. The convictions were the result of an incident that occurred in Eagle Butte in March 2012, when the defendant assaulted a 62-year-old man from Dupree by kicking him with cowboy boots and causing serious bodily injury.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. It was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Sentencing has been set for May 13, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Eagle Butte Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury.
Albert Spotted Bear, age 55, was indicted by a federal grand jury on February 13, 2013 for Failure to Register as a Sex Offender. Spotted Bear appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; a mandatory minimum period of 5 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charge is merely an accusation, and Spotted Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Spotted Bear was released on bond pending trial. A trial date has not been set.
Doctor Pleads Guilty in White Plains Federal Court to Illegal Distribution of OxycodoneRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Brian C. Crowell, the Special-Agent-in-Charge of the New York Division of the Drug Enforcement Administration (“DEA”), announced today that FELIX RODRIGUEZ, a licensed medical doctor, pled guilty to a one-count Information charging RODRIGUEZ with distribution of more than 1,000 pills of Oxycodone, a Schedule II controlled substance. RODRIGUEZ pled guilty today in White Plains federal court before U.S. District Judge Kenneth M. Karas, who set a sentencing date for May 20, 2013.
Manhattan U.S. Attorney Preet Bharara stated: “This doctor took an oath to do no harm and then violated his oath by using his position of trust to distribute Oxycodone outside the scope of his professional medical practice. The abuse of diverted prescription pain medication is the fastest growing drug problem in our country. We will continue to work with federal, state, and local law enforcement organizations to identify and investigate those responsible at all levels.”
DEA Special-Agent-in-Charge Brian C. Crowell stated: “Felix Rodriguez should not be called a doctor by his peers or patients for illegally distributing prescriptions for pain killers to individuals he never examined. Rodriguez made a deal with the devil and profited by the sale of powerful pain medication for illegitimate use. According to the Centers for Disease Control and Prevention painkillers now take the lives of more Americans than heroin and cocaine combined, and since 2008 drug-induced deaths have outstripped those from traffic accidents. Federal, State and Local law enforcement will not tolerate any illegal drug distribution that puts our community in peril.”
According to the allegations in the Complaint and Information filed in White Plains federal court:
From May 2010 through February 2011, FELIX RODRIGUEZ, a doctor who worked out of a medical office in Manhattan, provided Oxycodone prescriptions to individuals who he had never met or examined. When RODRIGUEZ wrote these prescriptions, he knew that by doing so he was violating the law and generally accepted medical practice. Oxycodone is a powerful painkiller with a high potential for addiction and abuse.
FELIX RODRIGUEZ, 52, of Bronx, New York, is a medical doctor who practiced in Manhattan, New York. RODRIGUEZ faces a maximum term of imprisonment of 20 years.
Mr. Bharara praised the efforts of the DEA’s New York City Tactical Diversion Squad; comprised of agents and officers from the DEA, the New York City Police Department, and the New York State Department of Financial Services, and the Westchester County Department of Public Safety. He also praised the assistance of the Westchester County District Attorney’s Office, the U.S. Marshals Service, the New York State Police, the Yonkers Police Department, and Mount Vernon Police Department in this case.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Jeffrey Alberts and Abigail S. Kurland are in charge of the prosecution.
Rodriguez, Felix Information
Detroit Preparer Charged with Preparing False Tax ReturnsRead the Press Release
Matthew Bender, a paid preparer of tax returns residing in Detroit, was charged in a superseding indictment with preparing false tax returns and tax obstruction, the Justice Department, Internal Revenue Service (IRS), and the Treasury Inspector General for Tax Administration (TIGTA) announced today.
Bender had been arrested on a portion of those charges on January 10, 2013. The superseding indictment charges Bender with 16 counts of assisting in the presentation of false tax returns to the IRS along with one count of corruptly endeavoring to obstruct the due administration of the Internal Revenue laws.
According to the superseding indictment, between 2004 and 2012, Bender prepared returns for taxpayers that falsely claimed refunds and contained false deductions and tax withholdings. The superseding indictment also alleges that Bender filed false tax returns for himself for 2007 and 2009 and failed to file his own tax returns for 2003, 2004, 2005, 2006, 2008, 2010, and 2011.
An indictment merely alleges that crimes have been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a potential maximum sentence of three years in prison and a $250,000 fine on each count.
This case was investigated by special agents of IRS-Criminal Investigation and TIGTA and is being prosecuted by Trial Attorneys Jeffrey McLellan and Kenneth Vert of the Justice Department’s Tax Division.
Crow Creek Woman Sentenced for Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Crow Creek, South Dakota woman convicted of Distribution of a Controlled Substance was sentenced on February 20, 2013 by U.S. District Judge Roberto A. Lange. Buffy Dion, age 30, was sentenced to 2 months of custody and 6 months of home confinement thereafter with 3 years of supervised release.
Dion was indicted by a federal grand jury on July 18, 2012. The conviction stems from an incident occurring on April 13, 2011 wherein an undercover agent purchased 12 marijuana cigarettes from Dion’s residence. The undercover agent also purchased 4 grams of methamphetamine from Dion and negotiated a future purchase of one pound of marijuana.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. Dion was released but needs to self-report by February 27, 2013.
Colorado U.S. Attorney John Walsh Testifies Before U.S. Senate Judiciary Committee in Support of Proposed Assault Weapon and High Capacity Magazine BansRead the Press Release
DENVER – Colorado United States Attorney John Walsh this morning appeared before the United States Senate Judiciary Committee, where he testified on behalf of the Department of Justice in support of the proposed Assault Weapon ban and High Capacity Magazine Ban. The hearing was entitled “Hearing on the assault weapon ban of 2013.”
During his testimony, U.S. Attorney Walsh addressed the Assault Weapons Ban and the High-Capacity Magazine Ban. Walsh’s testimony can be found attached to this document. A video of the hearing can be found at: http://www.c-span.org/Events/Senate-Judiciary-Cmte-Looks-at-Assault-Weapons-Ban/10737438374-1/
California Woman Convicted for Impersonating<br /> Congressional Aide to Deceive Tax ClientRead the Press Release
The operator of a California-based tax consulting business has been convicted by a federal jury in Fresno, Calif. for impersonating an aide to a U.S. Congressman in order to deceive a client, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division.
Susan Tomsha-Miguel, 52, of Atwater, Calif., was convicted late yesterday, Feb. 26, 2013, of the sole count in the indictment against her: impersonating an officer or employee of the United States. The jury deliberated for only 15 minutes before returning a guilty verdict.
As the evidence at trial showed, Tomsha-Miguel operated a tax consulting and bookkeeping business in Atwater. A client, who owned a commercial business in Merced, Calif., hired Tomsha-Miguel to resolve a tax dispute with the Internal Revenue Service (IRS).
Tomsha-Miguel requested help with the tax problems from the office of U.S. Representative Dennis A. Cardoza, who represents the 18th Congressional District – which includes Merced County, as well as parts of San Joaquin, Stanislaus, Madera and Fresno Counties. As the evidence revealed, Representative Cardoza’s office agreed to help, and transmitted written material – including a form printed under his official Congressional letterhead – to Tomsha-Miguel.
According to the evidence presented in court, Tomsha-Miguel then sent her client a counterfeit letter written under Representative Cardoza’s official letterhead and purportedly written and signed by a congressional aide. The letter falsely claimed that due to Tomsha-Miguel’s efforts on behalf of her client, the aide had contacted an IRS official. The counterfeit letter claimed that the IRS official had agreed to make resolving the client’s tax dispute his “number one priority” after he returned from “Washington, D.C. for an emergency strategy meeting with the U.S. Treasury Secretary and others for a planning session in the event a budget does not get passed by both the House and Senate.”
In reality, the aide did not exist, and Tomsha-Miguel had forged the letterhead by copying the official letterhead onto a blank sheet of paper. The evidence also showed that Tomsha-Miguel had written the letter from the non-existent aide herself and then sent it to her client in order to mislead him into believing she had succeeded in alleviating his tax problems.
Tomsha-Miguel faces a maximum potential penalty of three years in prison and a $250,000 fine at sentencing, currently scheduled for June 24, 2013 before U.S. District Judge Lawrence J. O’Neill, who presided over the trial.
The case was prosecuted by Trial Attorney Barak Cohen of the Public Integrity Section in the Justice Department’s Criminal Division and investigated by the Sacramento, Calif. Division of the FBI.California Man Sentenced to Life in Federal Prison for Methamphetamine Trafficking in Kansas City, Kan.Read the Press Release
KANSAS CITY, KAN. – A California man has been sentenced to life in federal prison for methamphetamine trafficking in Kansas City, Kan., U.S. Attorney Barry Grissom said today.
Juan Manuel Cortez-Diaz, 36, Modesto, Calif., was convicted in a jury trial in June 2012 on three counts of distributing methamphetamine and two counts of possession with intent to distribute methamphetamine.
During trial, prosecutors presented evidence that Cortez-Diaz handled more than 9 pounds of methamphetamine, including methamphetamine sold to undercover agents, found in his car and seized during a search at a drug stash house at 3046 Washington Ave., in Kansas City, Kan. On May 16, 2011, officers of the Kansas City, Kan., Police Department stopped his car after investigators saw him leave the drug stash house carrying a shoe box. Police seized the shoe box, which contained two pounds of methamphetamine. They seized another seven pounds of methamphetamine from the drug stash house.
Investigators determined that a co-defendant brought the methamphetamine to Kansas City from California.
Co-defendant Juan Carlos Lopez Razo, 36, North Highlands, Calif., is a fugitive from justice.
Grissom commended the Immigration and Customs Enforcement, the Department of Homeland Security, the Kansas City, Kan., Police Department, Assistant U.S. Attorney Chris Oakley and Assistant U.S. Attorney David Zabel for their work on the case.
Broward Man Sentenced in Identity Theft Tax Refund Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Antonio J. Gomez, Acting Inspector in Charge, U.S. Postal Inspection Service, Miami Division, announce the sentencing of defendant Luis Enrique Ledee Bernard, a/k/a “Luis L. Bernard,” 21, of Miramar. Bernard was sentenced to 30 months in prison, to be followed by 3 years of supervised release. The defendant was also ordered to pay $22,000 in restitution. Bernard pled guilty on December 17, 2012 to one count of theft of government funds and one count of aggravated identity theft.
On October 9, 2012, the defendant was charged in a seventeen count indictment in connection with a scheme to obtain fraudulent tax return proceeds. According to the indictment, the defendant deposited nine (9) fraudulent tax refund checks that were fraudulently obtained by using the stolen personal identification information of at least (4) persons who were deceased. The proceeds from the nine fraudulent tax return refunds were direct-deposited into the defendant's bank account.
Mr. Ferrer commended the investigative efforts of the Identity Theft Tax Refund Strike Force, with special commendation to the U.S. Postal Inspection Service and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Gera Peoples.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Black P Stone Nation “General” Sentenced to 20 Years in Federal Prison for Narcotics and Gun CrimesRead the Press Release
CHICAGO — A self-admitted high-ranking member of a Chicago street gang that operates in a south side neighborhood that he and his associates refer to as “Terror Town,” was sentenced today to 20 years in federal prison. The defendant, GILBERT SPILLER, holds the rank of “general” in the Black P Stone Nation street gang and has criminal convictions spanning two decades. He was arrested by the FBI and Chicago Police in October 2011 and pleaded guilty last September to two counts of selling crack cocaine and one count of illegally selling a firearm.
The sentence was imposed today by U.S. District Judge Charles Kocoras in Federal Court.
Spiller, 37, admitted selling approximately 62.2 grams of crack cocaine on July 13, 2011, and approximately 59.2 grams of crack on July 21, 2011, to a confidential informant in the vicinity of the 7800 block of South Kingston Avenue.
On Oct. 18, 2011, Spiller sold the same individual a loaded .40 caliber handgun, knowing that the individual was a felon on parole, had recently purchased crack from Spiller on two occasions, and believing that the individual had a score to settle with rival gang members.
According to court documents, Spiller admitted that he first joined the Black P Stone Nation while he was in grade school. He was subsequently convicted of aggravated battery with a firearm and aggravated discharge of a firearm, which arose from a drive-by shooting that killed one victim and wounded four others. He was later convicted of aggravated battery of a Chicago police officer.
“As his life in the gang further hardened, he became involved in violent crime,” the government wrote in a sentencing argument. Spiller “admitted that he was involved in shooting at other people on 5 to 10 different occasions, and believed that he hit the people he was aiming at in roughly half of these shootings.”
The government was represented by Matthew Burke. The sentence was announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois; Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Garry McCarthy, Superintendent of the Chicago Police Department. The investigation was conducted by the FBI/CPD Joint Task Force on Gangs.
Bismarck Man Arraigned on Sexual Abuse ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bismarck, North Dakota man has been indicted by a federal grand jury for Sexual Abuse.
Joshua James Martin, age 28, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on February 14, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is any term of years up to life imprisonment, a $250,000 fine or both, and a mandatory minimum term of 5 years up to life of supervised release. The charge is merely an accusation and Martin is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy Morley is prosecuting the case. Martin was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Bartow Woman Charged for Methamphetamine TraffickingRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces the return of an indictment charging Lydia Santiago (38, Bartow) with conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine. Santiago also faces one count of being a felon in possession of a firearm. If convicted on all counts, she faces a maximum penalty of life in federal prison. The indictment also notifies Santiago that the United States intends to forfeit various vehicles and currency seized during the course of the investigation.
According to the indictment, from an unknown date and continuing until approximately February 19, 2013, in Polk County, Santiago possessed and conspired with others to distribute 50 grams or more of methamphetamine and 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Law enforcement also located a Ruger model SR40c .40 caliber handgun was inside her Bartow home. As a previously convicted felon, Santiago is prohibited from possessing a firearm or ammunition under federal law.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration (DEA) and the Polk County Sheriff's Office. It will be prosecuted by Assistant United States Attorney Patrick Scruggs.
Bank Executive Charged with Receiving Bribes from Oxford Collection AgencyRead the Press Release
February 27, 2013David B. Fein, United States Attorney for the District of Connecticut, announced that WILBUR TATE III, 48, of Dacula, Ga., was arrested today on a federal criminal complaint charging him with conspiracy to commit bank bribery while he was an executive at U.S. Bank in Ohio. TATE appeared today before U.S. Magistrate Judge Linda T. Walker in Atlanta and was released on a $50,000 bond.
According to the complaint and court documents filed in related cases, Oxford Collection Agency was a private financial services company that engaged in accounts receivables management, primarily debt collecting, with offices in New York, Pennsylvania and Florida. Between 2007 and 2011, Oxford Collection Agency executives engaged in a multi-year scheme to defraud its lender, investors and clients. The investigation also revealed that Oxford Collection Agency was actively involved in bribing bank officials.
The complaint alleges that TATE, an Assistant Vice President of U.S. Bank in Ohio from January 2004 through February 2011, was in charge of outsourcing collection accounts to collection agencies, including Oxford Collection Agency. Beginning in approximately August 2008 and continuing for more than two years, Oxford Collection Agency executives engaged in a bribery scheme with TATE in order to obtain and retain the business of U.S. Bank. As part of the scheme, Oxford executives initially provided TATE with boxes of expensive cigars, and subsequently sent TATE monthly cash payments of between $2,500 and $5,000, which were hidden in cigar boxes and mailed to TATE’s residence in Mason, Ohio.
U.S. Bank received funds through the Troubled Asset Relief Program (TARP).
U.S. Attorney Fein also stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This ongoing investigation is being conducted by the Internal Revenue Service-Criminal Investigation, the Federal Bureau of Investigation, the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), and the Connecticut Securities, Commodities, and Investor Fraud Task Force. The case is being prosecuted by Assistant U.S. Attorney Liam Brennan, Special U.S. Attorney John McReynolds and Deputy U.S. Attorney Deirdre Daly, with the assistance of the U.S. Attorney’s Office for the Northern District of Georgia.
In December 2010, the U.S. Attorney’s Office and several law enforcement and regulatory partners announced the formation of the Connecticut Securities, Commodities, and Investor Fraud Task Force, which is investigating matters relating to insider trading, market manipulation, Ponzi schemes, investor fraud, financial statement fraud, violations of the Foreign Corrupt Practices Act, and embezzlement. The task force includes representatives from the U.S. Attorney’s Office; Federal Bureau of Investigation; Internal Revenue Service-Criminal Investigation; U.S. Secret Service; U.S. Postal Inspection Service; U.S. Department of Justice’s Criminal Division, Fraud Section and Antitrust Division; U.S. Securities and Exchange Commission (SEC); U.S. Commodity Futures Trading Commission (CFTC); Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP); Office of the Chief State’s Attorney; State of Connecticut Department of Banking; Greenwich Police Department and Stamford Police Department.
Citizens are encouraged to report any financial fraud schemes by calling, toll-free, 855-236-9740 or by sending an e-mail to [email protected].
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.
To report financial fraud crimes, and to learn more about the President’s Financial Fraud Enforcement Task Force, please visit www.stopfraud.gov.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]29 Taken into Custody in Massive Racketeering Indictment, Including 17 Former TDCJ OfficersRead the Press Release
CORPUS CHRISTI, Texas- A sealed indictment charging numerous defendants with racketeering violations has been unsealed following their recent arrests throughout the Southern District of Texas and elsewhere. The arrests include 17 former Texas Department of Criminal Justice (TDCJ) correction officers and 12 others in relation to the case.
The indictment was announced today by United States Attorney Kenneth Magidson along with along with Special Agent in Charge of Homeland Security Investigations (HSI) Brian M. Moskowitz, Inspector General Bruce Toney with TDCJ - Office of the Inspector General (TDCJ-OIG), Special Agent in Charge of Internal Revenue Service – Criminal Investigation (IRS-CI) Lucy Cruz, Special Agent in Charge Melvin King Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Corpus Christi Police Department (CCPD) Chief Floyd D. Simpson and Postal Inspector in Charge Robert B. Wemyss of U.S. Postal Inspection Service.
Following an operation involving federal, state and local law enforcement personnel, a total of 22 have been arrested on criminal charges in the indictment. Seven defendants named in the indictment were already in custody. As a result, a total of 29 people are now in custody in connection with the four-year investigation. Thirteen former correction officers were arrested on racketeering charges and four others on separate drug charges. The indictment remains sealed as to those charged but not as yet in custody.
The arrest of the former correction officers was a joint effort between TDCJ-OIG and federal authorities to attempt to break the “culture of corruption” that permeated the McConnell Unit Prison during a period between 2005 to the present. State and federal authorities worked together in a determined effort to disrupt and dismantle the violent criminal gangs who were profiting through the corruption of guards at the prison.
According to the indictment returned under seal by a federal grand jury last week, 13 former TDCJ correction officers were part of a criminal enterprise that engaged in bribery and narcotics trafficking. The indictment details specific acts, wherein the correction officers assisted prisoners incarcerated in the TDCJ McConnell Unit Prison in Beeville by smuggling cellular telephones and drugs into the prison system. The drugs and phones were allegedly sold inside the prison to other inmates. The phones were used by inmates to assist in their coordination of criminal activities outside the prison, according to the allegations.
Today’s announcement caps a four-year investigation conducted by the U.S. Attorney’s Office, HSI, TDCJ-OIG, IRS-CI, ATF, CCPD Gang and Organized Crime Units, USPIS and the Bee County District Attorney’s office. The investigation was initiated in 2009 when several Aryan Circle Gang Members were apprehended attempting to transport stolen vehicles from Corpus Christi to Brownsville. The vehicles were destined to be smuggled across the border and sold to Mexico Cartel members. The operation was coordinated by inmates incarcerated at the McConnell Unit through the use of illegal cell phones.
The resulting investigation led to a December 2010 federal indictment charging 14 alleged members and associates of the Raza Unida Street and Prison Gang with committing violent acts to support racketeering (VICAR). These violent acts included home invasions, shootings and conspiracy to commit murder. During the course of the investigation, agents and officers seized approximately 13 pounds of crystal methamphetamine with an estimated street value of more than $300,000. Additionally, seven assault rifles, 14 pistols, five shotguns, five bullet proof vests and approximately 1,000 rounds of ammunition were seized from the gang. All were subsequently convicted, two of whom were sentenced to life imprisonment.
The case is being prosecuted by Assistant United States Attorneys Mark Patterson and Michael Hess.
26 February 2013
Winston County Man Charged with Arson at Poultry Company OfficeRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Northwest Alabama man for arson in connection with a December fire at a Marshall Durbin office building in Haleyville, announced U.S. Attorney Joyce White Vance and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Jeffrey L. Fulton.
CHARLES WILLIAM HEAVNER JR., 43, of Hackleburg, is charged in a two-count indictment filed in U.S. District Court. The indictment charges that Heavner maliciously damaged the Marshall Durbin Field Operations Office by means of fire on Dec. 4, and that he knowingly used fire as the means to maliciously damage the poultry company’s field office.
“Trying to burn down a building is a serious and dangerous crime,” Vance said. “In this instance, only quick action prevented terrible damage to property and potential loss of life.”
The maximum sentence for both arson counts is 35 years in prison and a $250,000 fine.
The ATF, Alabama State Fire Marshal, U.S. Marshals Service, and the Winston County Sheriff’s Office investigated the case. Assistant U.S. Attorney Michael W. Whisonant Sr. is prosecuting the case.
Members of the public are reminded that the indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.Two Wheeling Residents Convicted of Firearms ViolationsRead 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 - Two Wheeling, West Virginia, residents entered pleas of guilty last week in United States District Court in Wheeling before Judge Frederick P. Stamp, Jr.
United States Attorney William J. Ihlenfeld, II, announced that WILLIAM “CHAZ” CRISWELL, age 29 and ERICA MORRIS HERCULES, age 29, each entered a plea of guilty to “Aiding and Abetting a Prohibited Person in the Possession of a Firearm.”
CRISWELL had previously been convicted in the Circuit Court of Ohio County of the felony offense of “Burglary,” and HERCULES had previously been convicted in the Circuit Court of Ohio County of the felony offense of “Uttering.” Both admitted to knowingly assisting one another in the possession of a Winchester Rifle and of a Conbray Leinad pistol on June 20, 2011, in Ohio County.
CRISWELL, who is free on bond pending sentencing, and HERCULES, who is in custody pending sentencing, each face up to 10 years imprisonment and a $250,000 fine.
The case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives along with the Wheeling Police Department.
Two Virginia Businessmen Plead Guilty to<br /> Illegally Reimbursing Campaign ContributionsRead the Press Release
William P. Danielczyk Jr. and Eugene R. Biagi pleaded guilty today to reimbursing $186,600 in contributions to the Senate and Presidential campaign committees of a candidate for federal office, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney Neil H. MacBride of the Eastern District of Virginia and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.
Danielczyk, 51, and Biagi, 78, both of Oakton, Va., pleaded guilty to making illegal conduit campaign contributions. The charge carries a maximum penalty of five years in prison. Danielczyk also faces a fine of not less than 300 percent of the amount involved and not more than the greater of $50,000 or 1,000 percent of the amount involved, and Biagi faces a potential fine of not more than $250,000 when they are sentenced on May 17, 2013.
“With today’s guilty pleas, Danielczyk and Biagi admit they used straw donors to circumvent the rules of the electoral process,” said AAG Breuer. “Our democracy depends on voters honoring campaign contribution limits and other campaign finance laws, and the Justice Department will continue to pursue corrupt individuals whose illegal tricks threaten the legitimacy of elections and undermine public confidence in the democratic process.”
“Today Mr. Danielczyk admitted that he tried to corrupt the electoral process by evading corporate contribution limits,” said U.S. Attorney MacBride. “Mr. Danielczyk abused his power as an employer and abused his power as a participant in a U.S. election. Direct contribution limits for corporations provide an important check in the integrity of our electoral process, and today’s convictions help ensure that those who illegally go beyond those limits are held accountable.”
“With today’s guilty pleas, Mr. Danielczyk and Mr. Biagi admitted their roles in a scheme in which they evaded FEC law to donate money to a Senate and Presidential candidate. By doing so, they funneled more than $186,600 through their company by creating fraudulent invoices for straw donors and falsely back-dating letters to those individual contributors,” said Assistant Director in Charge Parlave. “The FBI will continue to work with the U.S. Attorney’s office to investigate allegations of campaign finance abuse, which are in place to ensure openness and fairness in our elections so the people’s interests are protected.”
According to court records, Danielczyk was the Chairman of Galen Capital Corporation, and Biagi served as the corporation’s secretary and treasurer. In September 2006, Danielczyk co-hosted a fundraiser for a candidate’s campaign for the U.S. Senate and in March 2007 he co-hosted a fundraiser for the same candidate’s 2008 campaign for the President of the United States.
Danielczyk admitted that he recruited individuals, including Biagi and other corporate employees, to serve as “straw donors” to the campaigns, assuring the donors that they would be reimbursed for their contributions. Danielczyk’s assistant collected the contributions, and Danielczyk and Biagi then reimbursed the straw donors for their contributions using Galen Capital Corporation’s corporate funds.
Biagi admitted that he disguised the nature of the reimbursement payments by writing “consulting fees” on the checks’ memorandum lines and by issuing the checks for amounts slightly larger than the campaign contributions. Danielczyk and Biagi also created falsely back-dated letters to the individual contributors, which characterized the reimbursement payments as “consulting fees” or that a contributor would receive money for certain work.
Danielczyk and Biagi admitted they used corporate funds to reimburse a total of $186,600 to the two campaigns. The campaigns unwittingly reported the straw donations as lawful contributions from the individual donors.
This case was investigated by the FBI’s Washington Field Office. Trial Attorney Eric L. Gibson of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Mark D. Lytle and Timothy D. Belevetz from the U.S. Attorney’s Office for the Eastern District of Virginia are prosecuting the case on behalf of the United States.
Two Virginia Businessmen Plead Guilty to Illegally Reimbursing Campaign ContributionsRead the Press Release
ALEXANDRIA, Va. – William P. Danielczyk Jr. and Eugene R. Biagi pleaded guilty today to reimbursing $186,600 in contributions to the Senate and Presidential campaign committees of a candidate for federal office, announced U.S. Attorney Neil H. MacBride of the Eastern District of Virginia, Assistant Attorney General Lanny A. Breuer of the Criminal Division, and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.
Danielczyk, 51, and Biagi, 78, both of Oakton, Va., pleaded guilty to making illegal conduit campaign contributions. The charge carries a maximum penalty of five years in prison. Danielczyk also faces a fine of not less than 300 percent of the amount involved and not more than the greater of $50,000 or 1,000 percent of the amount involved, and Biagi faces a potential fine of not more than $250,000 when they are sentenced on May 17, 2013.
“Today Mr. Danielczyk admitted that he tried to corrupt the electoral process by evading corporate contribution limits,” said U.S. Attorney MacBride. “Mr. Danielczyk abused his power as an employer and abused his power as a participant in a U.S. election. Direct contribution limits for corporations provide an important check in the integrity of our electoral process, and today’s convictions help ensure that those who illegally go beyond those limits are held accountable.”
“With today’s guilty pleas, Danielczyk and Biagi admit they used straw donors to circumvent the rules of the electoral process,” said AAG Breuer. “Our democracy depends on voters honoring campaign contribution limits and other campaign finance laws, and the Justice Department will continue to pursue corrupt individuals whose illegal tricks threaten the legitimacy of elections and undermine public confidence in the democratic process.”
“With today’s guilty pleas, Mr. Danielczyk and Mr. Biagi admitted their roles in a scheme in which they evaded FEC law to donate money to a Senate and Presidential candidate. By doing so, they funneled more than $186,600 through their company by creating fraudulent invoices for straw donors and falsely back-dating letters to those individual contributors,” said Assistant Director in Charge Parlave. “The FBI will continue to work with the U.S. Attorney’s office to investigate allegations of campaign finance abuse, which are in place to ensure openness and fairness in our elections so the people’s interests are protected.”
According to court records, Danielczyk was the Chairman of Galen Capital Corporation, and Biagi served as the corporation’s secretary and treasurer. In September 2006, Danielczyk co-hosted a fundraiser for a candidate’s campaign for the U.S. Senate and in March 2007 he co-hosted a fundraiser for the same candidate’s 2008 campaign for the President of the United States.
Danielczyk admitted that he recruited individuals, including Biagi and other corporate employees, to serve as “straw donors” to the campaigns, assuring the donors that they would be reimbursed for their contributions. Danielczyk’s assistant collected the contributions, and Danielczyk and Biagi then reimbursed the straw donors for their contributions using Galen Capital Corporation’s corporate funds.
Biagi admitted that he disguised the nature of the reimbursement payments by writing “consulting fees” on the checks’ memorandum lines and by issuing the checks for amounts slightly larger than the campaign contributions. Danielczyk and Biagi also created falsely back-dated letters to the individual contributors, which characterized the reimbursement payments as “consulting fees” or that a contributor would receive money for certain work.
Danielczyk and Biagi admitted they used corporate funds to reimburse a total of $186,600 to the two campaigns. The campaigns unwittingly reported the straw donations as lawful contributions from the individual donors.
This case was investigated by the FBI’s Washington Field Office. Assistant U.S. Attorneys Mark D. Lytle and Timothy D. Belevetz from the U.S. Attorney’s Office for the Eastern District of Virginia and Trial Attorney Eric L. Gibson of the Criminal Division’s Public Integrity Section are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Two Southwest Idaho Men Plead Guilty to Violating the Clean Air ActRead the Press Release
BOISE – Douglas Greiner, 52, of Boise, and Bradley David Eberhart, 51, of Garden Valley, Idaho, pleaded guilty today in federal court to violating work practice standards of the Clean Air Act, U.S. Attorney Wendy J. Olson announced. Griener and Eberhart were charged in a one count information, filed separately on January 25, 2012.
According to court documents, Greiner was employed as the project superintendent and Eberhart as the on-site supervisor for Riverside Water and Sewer District’s Phase III project. During re-construction of the Water System Improvement Project, old cement asbestos pipe was encountered and improperly handled. Greiner admitted to violating the Clean Air Act’s work practice standards and waste disposal standards by knowingly causing another employee to pick up pieces of cement asbestos pipe from a dump site without ensuring proper retrieval and disposal of the asbestos pipe. Eberhart, who pleaded guilty to the same charge, admitted that by his own actions or the actions of employees he supervised, he knowingly failed to adequately wet cement asbestos pipe during cutting or disjoining operations; failed to place the asbestos material in proper containers with clear labeling; and failed to dispose of the asbestos material in a licensed facility.
The defendants each face up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Greiner and Eberhart are scheduled to be sentenced on June 3, 2013, before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case was investigated by the U.S. Environmental Protection Agency.
Two Individuals Enter Pleas in Federal CourtRead 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 - Two individuals entered pleas of guilty in United States District Court in Martinsburg on February 21, 2013, before Magistrate Judge David J. Joel.
United States Attorney William J. Ihlenfeld, II, announced that:
PAULA S. HIGH, age 55, of Virginia Beach, Virginia, entered a plea of guilty to “Acquiring, Obtaining, and Possessing Controlled Substances by Mispresentation, Fraud, Forgery and Deception,” on March 9, 2009. HIGH, while a Registered Nurse assigned to the ER of the Department of Veterans Affairs, VA Medical Center, in Martinsburg, acquired controlled substances using an account assigned and authorized to her through her employment. However, instead of administering the medication to a patient, HIGH kept the controlled substances for personal use. HIGH, who is on bond pending sentencing, faces up to 4 years imprisonment and a $250,000 fine.
The case was prosecuted by Assistant United States Attorney Andrew R.Cogar and investigated by the U.S. Department of Veterans Affairs/Office of Inspector General.
COREY HASSAN MITCHELL, age 42, of Falling Waters, West Virginia, entered a plea of guilty to “Distribution of Crack Cocaine.” MITCHELL, who is in custody pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine.
This case was investigated 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
Two Individuals Enter Pleas in Federal CourtRead the Press Release
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(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA - Two individuals entered pleas of guilty last week in United States District Court in Martinsburg, before Magistrate Judge David J. Joel.
United States Attorney William J. Ihlenfeld, II, announced that:
WILLIAM LAWRENCE, age 64, of Shepherdstown, West Virginia, entered a plea of guilty to “Sale of a Firearm to a Prohibited Person.” On July 1, 2012, LAWRENCE sold a pistol and magazine to an individual knowing that the individual had been convicted of a felony offense and was prohibited from possessing a firearm. LAWRENCE, who is free on bond pending sentencing, face up to 10 years imprisonment and a $250,000 fine.
This case was prosecuted by Assistant United States Attorney Jarod Douglas and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
JUAN MARRON-CERDA, age 33, entered a plea of guilty to “Re-Entry by a Removed Alien.” On May 7, 2012, MARRON-CERDA was found in the Berkeley County, West Virginia, after having been removed in March of 2008, and had not received consent to reapply for admission to the United States. MARRON-CERDA, who is in custody pending sentencing, faces up to two years imprisonment, a $250,000 fine and deportation.
This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).