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Thursday 10 January 2013
Two Lawrence Men Arrested for Stealing U.S. Treasury Tax RefundsRead the Press Release
BOSTON - Two Lawrence men were arrested today for stealing more than $210,000 in U.S. Treasury tax refunds.
Robert A. Montero, 39, and Wilson R. Santana, 36, were charged with 30 counts of stealing U.S. Treasury tax refunds contained in U.S. Treasury checks that had been fraudulently obtained by filing false tax returns with the U.S. Internal Revenue Service. The indictment alleges that between November 2011 and February 2012, Montero worked as a bank teller at the Metro West Credit Union in Lawrence where, for a fee, he assisted Santana in negotiating these fraudulently obtained U.S. Treasury checks in the bank accounts associated with Santana. In addition, Santana is charged with four counts of possessing fraudulently obtained U.S. Treasury checks containing U.S. Treasury tax refunds with intent to convert the tax refunds for his own use.
If convicted, Montero and Santana face up to 10 years in prison on each count, to be followed by three years of supervised release and a $250,000 fine.
United States Attorney Carmen M. Ortiz; Steven D. Ricciardi, Special Agent in Charge of the U.S. Secret Service; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Chief John Romero of the Lawrence Police Department, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Maxim Grinberg of Ortiz’s Major Crimes Unit.
The details contained in the indictment are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Toledo Man Named in 15-Count Indictment Charging Possession of More Than 150 Pounds of MarijuanaRead the Press Release
A 15-count indictment was filed charging Stanley L. Haythorne, age 37, of Toledo, Ohio, with conspiracy to possess with intent to distribute marijuana, structuring financial transactions to avoid reporting requirements, and possession with intent to distribute marijuana, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Haythorne is accused of conspiring with others to distribute more than 1,000 kilograms of marijuana between 2004 and the present, according to the indictment.
On June 18, 2010, Haythorne possessed more than 150 pounds (71 kilograms) of marijuana, according to the indictment.
In a five-month period in 2008, Haythorne engaged in a series of financial transactions involving approximately $250,000 that were designed to avoid financial reporting requirements (structuring), according to the indictment.
If convicted, the defendants’ sentence will be determined by the Court after review of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case was accepted and investigated as an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program divides the country into 13 regions and is designed to insure that the most sophisticated investigative and prosecutive resources are directed against large scale organized drug trafficking ventures.
The indictment culminates a three-year investigation by the Federal Bureau of Investigation, the Internal Revenue Service, and the Drug Enforcement Administration. The case is being handled by Assistant United States Attorney Thomas P. Weldon.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Men Convicted in Puerto Rico in Final<br /> Operation Guard Shack ProsecutionRead the Press Release
WASHINGTON – Three men, including two former officers with the Police of Puerto Rico, were convicted today by a federal jury in San Juan, Puerto Rico, for their roles in providing security for drug transactions, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Rosa E. Rodriguez-Velez of the District of Puerto Rico, and Special Agent in Charge Joseph S. Campbell of the FBI’s San Juan Field Office.
Former Police of Puerto Rico Officers Daviel Salinas Acevedo, 29, of Bayamon, Puerto Rico, and Miguel Santiago Cordero, 30, of Lares, Puerto Rico, were each convicted of one count of conspiracy to possess with intent to distribute more than five kilograms of cocaine and one count of possession of a firearm in furtherance of a drug transaction.
Wendell Rivera Ruperto, 38, of Las Marias, Puerto Rico, was convicted of one count each of conspiracy to possess with intent to distribute more than five kilograms of cocaine, attempting to possess with the intent to distribute more than five kilograms of cocaine and possession of a firearm in furtherance of a drug transaction. Rivera Ruperto had been convicted previously of 15 other counts arising from his participation in other, related drug transactions.
Salinas Acevedo, Santiago Cordero and Rivera Ruperto were charged in a superseding indictment returned in the District of Puerto Rico on Sept. 30, 2010, in addition to 87 other law enforcement officers and 43 other individuals, as part of the FBI undercover operation known as “Operation Guard Shack.” To date, 131defendants have pleaded guilty or been convicted, and 119 defendants have been sentenced. Today’s convictions were the last of the Guard Shack defendants to stand trial.According to the evidence presented in court, Salinas Acevedo, Rivera Ruperto and Santiago Cordero each provided security for what they believed were illegal cocaine deals that occurred on March 24, April 9 and July 8, 2010, respectively. In fact, each purported drug transaction was one of dozens of simulated transactions conducted as part of the undercover FBI operation. The three men performed armed security for the multi-kilogram cocaine deals by frisking the buyer (a confidential informant working for the FBI), standing guard as the kilos were counted, and inspecting and escorting the buyer in and out of the transaction. In return for the security they provided, Salinas Acevedo, Santiago Cordero and Rivera Ruperto each received a cash payment of $2,000.
In return for the security they provided, Salinas Acevedo, Santiago Cordero and Rivera Ruperto each received a cash payment of $2,000. The money was never returned by any of the defendants, and none of the defendants ever reported the transactions.
Sentencing in the case will be scheduled by U.S. District Judge Carmen Consuelo Cerezo for later this year. At sentencing, Salinas Acevedo and Santiago Cordero face mandatory minimum sentences of 15 years in prison and a maximum sentence of life in prison. Rivera Ruperto is presently serving a sentence of 126 years and 10 months in prison for his prior convictions and faces a mandatory minimum sentence of 35 years in prison and a maximum penalty of life in prison for his convictions today.
The case was prosecuted by Trial Attorneys Anthony J. Phillips and Edward J. Loya Jr., of the Criminal Division’s Public Integrity Section. The case was investigated by the FBI. The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Puerto Rico Department of Justice also provided assistance in this case. The U.S. Attorney’s Office for the District of Puerto Rico also participated in the investigation and prosecution of this case.
Tennessee Man Sentenced to More Than 7 Years in Federal Prison for Selling Prescription PainkillersRead the Press Release
Defendant admits to distributing a total of more than 3000 pills during illegal scheme
BECKLEY, W.Va. – U.S. Attorney Booth Goodwin announced that a Tennessee man was sentenced (Jan.10) to seven years and three months in federal prison for conspiracy to distribute oxycodone. Doneven S. Bailey Jr., 49, of Chattanooga, Tenn., admitted that from June 8, 2011 until February 3, 2012, he conspired with a known associate to illegally distribute oxycodone pills in and around Beaver, Raleigh County, W.Va. Bailey further admitted that on several occasions, he and his associate transported oxycodone pills from the Chattanooga, Tennessee area to sell in and around Beaver, W.Va. Bailey also admitted that his associate’s vehicle was used to transport the oxycodone pills from Chattanooga to a motel in Beaver, W.Va.
Bailey admitted that on two occasions on February 3, 2012, individuals cooperating with law enforcement authorities obtained 50 30-milligram oxycodone pills from him and his associate while inside of their rented motel room in Raleigh County, W.Va. On February 3, 2012, law enforcement agents executed a search warrant at the defendant’s motel room and seized a quantity of oxycodone pills and buy money that was used during prior controlled drug transactions.
Bailey admitted that he is responsible for distributing a total of 3200 30-milligram oxycodone pills over an eight-month period.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
The Raleigh County Sherriff’s Department conducted the investigation. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by United States District Judge Irene C. Berger.
St. Francis Man Pleads Guilty to Simple Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Antoine Kills In Water, age 30, of St. Francis, South Dakota, appeared before United States District Judge Roberto A. Lange on January 10, 2013, and pled guilty to Simple Possession of a Controlled Substance. The maximum penalty upon conviction is 1 year in custody, a $100,000 fine, or both; 1 year of supervised release; and a $25 special assessment.
The conviction stems from an incident that took place between April 29, 2011, and May 11, 2011, when Kills In Water used and possessed methamphetamine and marijuana.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Tim Maher.
Kills In Water was remanded to the custody of the United States Marshal.
Smith County Man Sentenced for Child Pornography ViolationsRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A 23-year-old Whitehouse, Texas man has been sentenced to federal prison for child pornography violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Oscar Vela pleaded guilty on June 11, 2013, to online enticement of a minor to engage in sexual activity and was sentenced to 120 months in federal prison on Jan. 9, 2013 by U.S. District Judge Leonard Davis.According to information presented in court, Vela communicated with law enforcement agents who were acting in an undercover capacity. The law enforcement agents represented that they were a minor female who was available for sexual activity for a price. Vela agreed to pay for sex with the minor female and was apprehended by law enforcement. As a result of this conviction, Vela will be placed on the required to register as a sex offender following his imprisonment.
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This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Longview Police Department and the U.S. Secret Service and prosecuted by Assistant U.S. Attorney Mandy Griffith.Sentences for January 04, 2013Read the Press Release
Billy Joe Floyd Coy, 60, of Cody, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on January 4, 2013, for making a false statement to a National Forest Service Special Agent and for conducting unauthorized work activities and services in a National Forest. Coy was arrested in Cheyenne. He received three years of supervised release, was ordered to pay a $1,500.00 fine, a $110.00 special assessment and restitution in the amount of $900.00. This case was investigated by the U.S. Forest Service.
Scott Lee Hubeny Arraigned and Pleads Guilty U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on January 10, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, SCOTT LEE HUBENY, a 48-year-old resident of Missoula, was arraigned and pled guilty to theft of government money. Sentencing has been set for May 2, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
HUBENY filed for disability benefits from the Social Security Administration ("SSA") on June 2, 1999. He was awarded monthly disability benefits beginning on January 20, 2000. As a beneficiary of SSA disability, HUBENY agreed to report employment or income changes that could affect his eligibility to receive SSA disability payments. At the time of the investigation in this case, HUBENY was receiving $1,400 per month in disability payments.
On April 4, 2011, the SSA received confidential information that HUBENY owned and operated a medical marijuana grow in Missoula and was growing marijuana both at his house and a rented warehouse. HUBENY became a medical marijuana provider under Montana law in August 2009.
On June 30, 2011, federal and state law enforcement officers searched HUBENY's house and his warehouse. They seized a total of approximately 243 marijuana plants, four pounds and 12 ounces of bulk marijuana, 5.06 ounces of Hashish, and various items of marijuana processing equipment (grow lights, digital scales, etc.).
HUBENY was interviewed the same day as the searches. HUBENY stated that he understood his SSA disability reporting requirements regarding changes in employment or income but denied earning any income in excess of $500 per year from his medical marijuana business. He said that he knew he was required to report his employment to SSA and provided no explanation for not doing so, saying only that he did not think about it because he was losing money.
HUBENY's bank records were reviewed which revealed that HUBENY deposited approximately $37,890 into his bank accounts from January 2010 through April 2011. That figure does not include HUBENY's monthly disability payments. Approximately $9,130 of that money came from 19 checks from Sharrott Creek Farms to HUBENY from January 14, 2010 through July 13, 2010. Sharrott Creek Farms is a business involved in growing and selling medical marijuana. When asked about Sharrott Creek Farms during his interview on June 30, 2011, HUBENY said he received two or three checks from that business for no more than $700 total.
HUBENY knowingly failed to disclose employment and income information to the SSA and, as a result, fraudulently received $25,200 in disability benefit payments between April 2010 and September 2011.
HUBENY faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
San Francisco Man Sentenced to 135 Months in Prison for Transportation of Child PornographyRead the Press Release
SAN FRANCISCO – Stephen Leone was sentenced today to 135 months in prison and ordered to pay $15,000 in restitution for transportation of child pornography, United States Attorney Melinda Haag announced.
Leone pleaded guilty on Oct. 12, 2012, to a one-count Information charging him with violating 18 U.S.C. § 2252(a)(1), transportation of child pornography. According to the plea agreement, Leone admitted that on Nov. 27, 2011, he made a video recording of a minor victim that he then transported to other electronic devices and media, and that he knew the video recording depicted conduct that qualifies as child pornography under federal law.
Leone, 50, of San Francisco, was indicted by a federal grand jury on June 7, 2012. He was charged with producing child pornography on two occasions, in approximately November 2011 and February 2012. He has been in continuous custody since his arrest by San Francisco police officers on April 22, 2012.
The sentence was handed down by U.S. District Court Judge Jeffrey S. White following a guilty plea to one count in violation of 18 U.S.C. § 2252(a)(1) (transportation of child pornography). Judge White also sentenced the defendant to a five-year period of supervised release, and ordered that he pay $15,000 in restitution to his minor victim.
Owen Martikan is the Assistant U.S. Attorney who prosecuted the case with the assistance of Rosario Calderon. The prosecution is the result of a three-month investigation by the San Francisco Police Department and the Federal Bureau of Investigation.
(Leone filed information )
Ryan Michael Burras Pleads Guilty to Conspiracy to Commit Import Violations and to Violate Fda Laws by Mislabeling and Distributing Synthetic MarijuanaRead the Press Release
RYAN MICHAEL BURRAS, age 23, a resident of Slidell, Louisiana, pled guilty in federal court today before U. S. District Judge Mary Ann Vial Lemmon to one count of an indictment charging him with conspiring to commit import violations and to violate the Food, Drug and Cosmetic Act by mislabeling and distributing synthetic marijuana, announced U. S. Attorney Dana J. Boente.
According to court documents, beginning in the first half of 2010 and continuing through at least July 2011, BURRAS conspired with co-defendants, Cody Beaudette, Christopher Buelle, and C Square, L.L.C., a Slidell-based company, to knowingly receive, buy, and sell synthetic marijuana imported into the United States contrary to law, specifically causing the introduction and delivery of a drug that is adulterated and misbranded under Federal law. BURRAS’s role in the offense was to designed labels for C Square, L.L.C.’s brands of synthetic marijuana, and he also assisted in the distribution of C Square, L.L.C.’s synthetic marijuana brands. C Square, L.L.C.’s brands included “ZeRo GrAviTy”, “iAroma”, and “Primo,” among others.
BURRAS faces a maximum statutory penalty of five (5) years imprisonment, followed by a term of supervised release of up to three (3) years, and a $250,000.00 fine. Sentencing has been scheduled for April 17, 2013 at 2:00 P.M.The case was investigated by U. S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations and the U. S. Food and Drug Administration (FDA) - Office of Criminal Investigations with the assistance of the St. Tammany Parish Sheriff’s Office and the Slidell Police Department. The case is being prosecuted by Special Assistant U. S. Attorney Robert Weir.
(Download Indictment )
Russian National Convicted of 2002 Double Homicide Committed in GatlinburgRead the Press Release
KNOXVILLE, Tenn. – On December 28, 2012, a jury in the Russian Federation Court for the Moscow Region found Yuri Solovyev, 44, guilty of the July 2002 murders of his roommates Vladimir Yemelyanov and Sufiya Arslanova in Gatlinburg, Tenn., where they all three worked on seasonal tourist visas. Solovyev is expected to be sentenced within the coming weeks.
Shortly after the murders, Sevier County and Gatlinburg authorities brought homicide charges against Solovyev for the grisly crime based upon a strong circumstantial case. The proof showed Solovyev acquired the murder weapon and purchased cleaning solutions to attempt to clean the apartment, while giving conflicting statements about the whereabouts of his missing roommates. Solovyev fled before the bloody crime scene was discovered, but the blood of the victims was found in his abandoned automobile, and, thereafter, video-surveillance identified him using the victims’ credit cards.
The Federal Bureau of Investigation traced Solovyev to Moscow where he admitted to the Russian authorities in 2010 that he stole more than $19,000 in cash from the victims and buried their bodies in the Great Smoky Mountains National Park, but he claimed an unidentified man named “Alex”, unknown to the U.S. investigation, committed the murders.
Based upon Solovyev’s statements to the Russian authorities, Gatlinburg authorities found the remains of the victims almost a decade after the murders, along with the murder weapon and other evidence which served to support the evidence that Solovyev acted alone. Solovyev is scheduled to be sentenced later in January.
Extradition of Russian nationals to the United States is not possible. However, Russian law allows for Russian nationals to be prosecuted under Russian law for crimes committed outside of the Russian Federation. This is the first time in which the Russians have prosecuted a Russian national on U.S. murder charges in response to a request for transfer of prosecution. In conjunction with bringing their own murder charges, Russian authorities spent a week in Gatlinburg, Tennessee, interviewing the witnesses and the local detective, after considering the investigative materials and lab reports transmitted under the Mutual Legal Assistance Treaty.
U.S. Attorney Bill Killian commended the verdict and stated, “I am very pleased the Department of Justice has been able to assist the authorities in Sevier County with bringing this man to justice. It sends an important message that fleeing to a foreign country – even if extradition is not possible – does not necessarily preclude a successful prosecution. This is a case of excellent law enforcement effort, diligence and persistence in bringing this defendant to justice for this gruesome crime. I especially applaud the work of Gatlinburg Detective Tim Williams, FBI Special Agent Buddy Early and AUSA Chuck Atchley. We hope that the sentence imposed in Russia will reflect the seriousness of the offense.”
“This case is an example of how criminal justice is not constrained by geographical boundaries. Local, state, federal, and international law enforcement partners all have a common interest in ensuring that there are no safe havens for fugitives from justice. The FBI commends the cooperative efforts of everyone involved,“ said Kenneth L. Moore, Special Agent in Charge, Federal Bureau of Investigation, Knoxville Division.
This case was prosecuted as a result of the efforts by Assistant U.S. Attorney Chuck Atchley, the Department of Justice’s Office of International Affairs, City of Gatlinburg Detective Tim Williams, and Federal Bureau of Investigation Special Agent Buddy Early and Legal Attaché Bryan Earl.
Rossford Man Charged with Making ThreatsRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that an indictment was filed against Justin Eckenrode, age 27, of Rossford, Ohio. The indictment charges Eckenrode with transmitting a threatening communication in interstate commerce.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Bureau of Alcohol, Tobacco, Firearms and Explosives, Toledo, Ohio. The case is being handled by Assistant United States Attorney Gene Crawford.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.Rosebud Man Sentenced for RobberyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud man convicted of Robbery and Aiding and Abetting was sentenced on January 9, 2013, by United States District Judge Roberto A. Lange. Raymond Walter Gassman, age 19, was sentenced to 46 months in custody, 2 years of supervised release, $790 in restitution, and a $100 special assessment to the Victim Assistance Fund.
Gassman was indicted by a federal grand jury on June 12, 2012, and pled guilty to the charge on October 24, 2012.
On May 8, 2012, Gassman was with another individual when they robbed the Paul Mart convenience store by entering the store with bandanas on their faces to mask their appearance and brandished weapons. Gassman attempted to steal things of value, including merchandise and the cash register from the store clerk.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant United States Attorney Tim Maher.
Gassman was remanded to the custody of the United States Marshal.
Rockford Man Sentenced to 10 Years in Federal Prison on Gun ChargeRead the Press Release
ROCKFORD — A Rockford, Ill. man was sentenced yesterday in federal court before U.S. District Judge Frederick J. Kapala to 10 years in prison without parole, to be followed by 3 years of supervised release, for illegally possessing a firearm as a convicted felon. NICHOLAS STENSON, 29, was convicted on October 3, 2012, after a jury trial in Rockford.
According to the indictment and evidence at trial, on July 10, 2011, shortly after 2:00 am, members of the Rockford Police Department's M3 Unit observed Stenson on Rock Street standing next to a green Pontiac. When officers parked their squad car near the Pontiac and activated the emergency lights, Stenson ran to the back of the Pontiac, reached into his waistband and threw a gun underneath the Pontiac. Officers recovered the gun thrown by Stenson - a black Colt .45 handgun loaded with six rounds of Blazer .45 caliber ammunition.
Stenson was originally charged in state court and was transferred to federal court where he was charged under tough federal firearms laws as part of the Project Safe Neighborhoods program. Project Safe Neighborhoods is an intensive, cooperative effort between local, state, and federal law enforcement to attack gun crimes. The cornerstone of the program is that every defendant committing an offense involving a gun will be reviewed for possible federal prosecution in order to obtain the harshest penalties for the worst offenders. Additional information about Project Safe Neighborhoods may be found at www.psn.gov.
The sentencing was announced by Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois; W. Larry Ford, Special Agent-in-Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives; Joseph Bruscato, Winnebago County State's Attorney; and Chet Epperson, Chief of the Rockford Police Department.
The government was represented by Assistant U.S. Attorneys Scott R. Paccagnini and Monica V. Mallory.
Ponemah Man Indicted for Involuntary ManslaughterRead the Press Release
MINNEAPOLIS—Earlier today in federal court, an indictment was unsealed, charging a 46-year-old man from the Red Lake Indian Reservation community of Ponemah with one count of involuntary manslaughter in connection with the August 19, 2012, death of Kaishauna Thunder. On January 8, 2013, Gordon Dean Johnson was charged with the crime. The indictment was unsealed following Johnson’s initial appearance in court today.
The indictment alleges that during the early morning of August 19, 2012, Johnson killed Thunder without malice. It alleges that at approximately 3:00 a.m., Johnson was operating a motor vehicle in a reckless manner while under the influence of alcohol. He struck Thunder, who was walking alongside State Highway 1.
If convicted, Johnson faces a potential maximum penalty of eight years in prison. All sentences will be determined by a federal district court judge. This case is the result of an investigation by the Federal Bureau of Investigation and the Red Lake Tribal Police Department. It is being prosecuted by Assistant United States Attorney Clifford B. Wardlaw.Because the Red Lake Indian Reservation is a federal-jurisdiction reservation, some of the crimes that occur there are investigated by the FBI in conjunction with the Red Lake Tribal Police Department. Those cases are prosecuted by the U.S. Attorney's Office.
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.
Philadelphia Woman Pleads Guilty to Defrauding PaymateRead the Press Release
SAN JOSE, Calif. – Vernina Adams pleaded guilty in federal court in San Jose yesterday to one count of wire fraud and one count of aggravated identity theft, United States Attorney Melinda Haag announced.
In pleading guilty, Adams admitted that, beginning in March 2010 and continuing to approximately June 2010, she carried out a scheme to defraud Paymate, a credit card processing company located in Woodside, Calif., that processes payments for individuals who buy and sell goods on the Internet. Adams admitted that she created several fictitious businesses on the Internet using the names of other individuals, several of whom she knew to be real people. The fictitious businesses included slickmix.net, opened in the name of victim M.T.; and nicksonrental.com, opened in the name of victim T.N. In order to give the appearance of legitimacy to the fictitious Internet businesses, Adams opened e-mail accounts in those victims’ names with Internet service providers such as Yahoo!.
In addition, Adams admitted that she opened Paymate and bank accounts with MetaBank for each fictitious business in the victims’ true names and, using their identities, linked those bank accounts to designated Paymate accounts. For example, Adams admitted that she knew that victim T.N. was a real person, and she used T.N’s true name, social security number and date of birth to open a Paymate account that was linked to the fictitious business nicksonrental.com. After opening Paymate and bank accounts, Adams admitted that she used her own debit and credit cards as well as debit and credit cards belonging to her relatives and friends to pretend to purchase goods and services in amounts ranging from $1,000 to $7,000 from the fictitious businesses.
Adams admitted that, after Paymate deposited funds from the fictitious sales into the bank accounts associated with the businesses, she immediately withdrew the fraudulently-acquired funds from various automated teller machines in Pennsylvania. After several weeks, she contacted the credit card companies for the credit card that she used to initiate the fraudulent transaction to report that she had not received the goods or services. She also instructed her friends and relatives to report to credit card companies for the cards that were used to initiate the fraudulent transactions that they had not received the goods or services. The credit card companies then initiated a charge-back on the credit cards. When Paymate attempted to reclaim the funds from the bank accounts associated with the fictitious businesses, there were insufficient funds in the accounts because Adams had withdrawn all of the money from the purported sales.
Furthermore, Adams admitted using e-mail accounts linked to the fictitious businesses to communicate with Paymate regarding, among other things, payments from fictitious sales. Specifically, on July 7, 2010, she posed as victim M.T., whose name she had used to create the fictitious business slickmix.net, and e-mailed Paymate employee G.Q. using e-mail address [email protected]. Adams admitted making false statements in the e-mail to induce Paymate to make payments on fraudulent transactions associated with slickmix.net.
Finally, Adams admitted that she conducted approximately 15 other fraudulent transactions involving Paymate, and agreed that the loss to Paymate was over $70,000, but less than $120,000.
Adams, 31, of Philadelphia, Penn., was indicted by a federal Grand Jury on July 25, 2012. She was charged with five counts of wire fraud, in violation of 18 U.S.C. § 1343, and two counts of aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(1)(A) and 1028A(c)(5). Under the plea agreement, Adams pled guilty to one count of wire fraud and one count of aggravated identity theft.
The sentencing of Adams is scheduled for April 24, 2013, before Judge Lucy H. Koh in San Jose. The maximum statutory penalty for each count of wire fraud, in violation of 18 U.S.C. § 1343 is 20 years in prison, and a fine of $250,000 plus restitution. The maximum statutory penalty of each count of aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(1)(A) and 1028A(c)(5) is a mandatory consecutive sentence of two years in prison, and a fine of $250,000 plus restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Susan Knight is the Assistant U.S. Attorney who is prosecuting the case with the assistance of legal techs Elise Etter and Kamille Singh. The prosecution is the result of a one-year investigation by the Federal Bureau of Investigation.
Philadelphia Man Indicted on Drug ChargesRead the Press Release
Michael Green, 30, of Philadelphia, PA, was charged by an indictment unsealed today with one count of conspiracy to distribute 280 grams or more of cocaine base (“crack”) and one count of conspiracy to distribute marijuana, announced United States Attorney Zane David Memeger. According to the indictment, Mr. Green was the leader of a drug trafficking organization that conspired to distribute approximately five kilograms of a mixture and substance containing crack in northwest Philadelphia and Montgomery County from at least March 2006 until at least July 8, 2009. Mr. Green also allegedly conspired to distribute marijuana between March 2009 and November 2009.
If convicted of both charges, the defendant faces a maximum possible sentence of life imprisonment with a mandatory minimum of 10 years imprisonment, five years to lifetime supervised release, a $10,250,000 fine, and a $200 special assessment.The case was investigated by the Drug Enforcement Administration and is being prosecuted by Assistant United States Attorneys Mark B. Dubnoff and Kishan Nair.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Philadelphia Man Charged with Illegal Reentry After DeportationRead the Press Release
Johnny Reyes-Agramonte, a/k/a “Johnny Reyes-Castillo,” a/k/a “Santo Johnny Reyes-Castillo,” a/k/a “Juan Sierra,” 44, of Philadelphia, Pennsylvania, was charged today by Indictment with one count of illegal reentry after deportation, announced United States Attorney Zane David Memeger. The indictment alleges that on or about December 6, 2012, Reyes-Castillo, an alien, and native and citizen of the Dominican Republic, was found in the United States after having been deported from the United States on or about April 10, 1997, June 16, 1999, and May 11, 2004.
If convicted the defendant faces a maximum possible sentence of 20 years.
The case was investigated by Immigration and Customs Enforcement Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Joel D. Goldstein.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Omak Man Sentenced to Prison for Domestic Violence Related Crimes on the Colville Indian ReservationRead the Press Release
Spokane - Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Daniel Quilochin Fry, age 21, of Omak, Washington, was sentenced today for two domestic violence-related crimes occurring on the Colville Indian Reservation. United States District Judge Lonny R. Suko sentenced Fry to 108 months in Federal prison, to be followed by 36 months of court supervision upon release from custody.
Earlier, Fry pleaded guilty to Assault With a Dangerous Weapon in Indian Country, in violation of 18 U.S.C. §§ 1153(a) and 113(a)(3), and Maiming in Indian Country, in violation of 18 U.S.C. §§ 1153(a) and 114. According to information disclosed during the court proceedings, the investigation of this case began after the victim, who had been severely beaten on April 21 and 22, 2010 at a house located on the Colville Indian Reservation, placed a call to 9-1-1. The investigation revealed that Fry had periodically locked the victim in a closet and, over a five-month period, beaten her severely with a baseball bat, propane tank, and other objects. Fry had also threatened to kill the victim with a firearm. The maiming charge stems from an incident where Fry forced the victim to lie on the floor and he then poured scalding water on her leg and back.
Michael C. Ormsby said, "Domestic violence is a serious problem nationwide, but is even more pronounced on Indian Reservations where women suffer a disproportionate amount of violence. The physical and emotional scars of domestic violence affect victims for years. This case was particularly egregious because the abuse started when the victim was 17 years old and because the protracted assaultive behavior went on for 5 months. The United States Attorneys Office in the Eastern District of Washington is committed to reducing domestic violence through aggressive prosecution."
This investigation was conducted by the Colville Tribal Police Department, in partnership with the Federal Bureau of Investigation. The case was prosecuted by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.
11-CR-079-LRS
Nicholas County Woman Sentenced to Two Years in Federal Prison for Manufacturing MethamphetamineRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Nicholas County woman was sentenced (Jan. 10) to two years in federal prison for conspiracy to manufacture methamphetamine. Jennifer Curry, 37, of Nicholas County, W.Va., previously pleaded guilty in May. The defendant admitted that on June 1, 2011, she manufactured approximately 6 grams of methamphetamine at a residence located in Richwood, W.Va. Curry further admitted that she used manufacturing supplies provided by other individuals.
On June 2, 2011, after being advised of her Miranda rights, the defendant agreed to waive her rights and admitted that she cooked methamphetamine on at least 30 occasions at various locations in Nicholas County, W.Va. since October 2010.
Curry admitted that she was responsible for distributing at least 50 grams but less than 200 grams of methamphetamine.
The West Virginia State Police and the U.S. Forestry Service conducted the investigation. Assistant United States Attorney John Frail handled the prosecution. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.
New York Woman Sentenced for Mailing Threats to Senator Scott Brown and Attorney General Martha CoakleyRead the Press Release
BOSTON - A New York woman was sentenced today in U.S. District Court in Springfield for sending threatening letters containing white powder to government offices in Massachusetts.
Roberta Cicora, 57, was sentenced by U.S. District Judge Michael A. Ponsor, to 27 months in prison and to pay $4,630 in restitution to the Commonwealth of Massachusetts for HAZMAT services. In September 2012, Cicora pleaded guilty to mailing four threatening communications.In May 2012, Cicora mailed threatening letters, which included an unknown white powder, to United States Senator Scott Brown, Massachusetts Attorney General Martha Coakley and the District Court in Greenfield, Mass. Cicora also sent a threatening letter to the Franklin County House of Correction in Greenfield. Cicora’s white powder letters caused the offices which received them to close down until HAZMAT teams responded and determined that the letters did not pose a lethal threat to the safety of the workers.
United States Attorney Carmen M. Ortiz; Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation Boston Field Division; Kevin Niland, Inspector in Charge of the U.S. Postal Inspection Service; and Colonel Timothy Alben, Superintendent of the Massachusetts State Police, made the announcement today. The case was investigated by the FBI in Springfield, Mass., and Albany, N.Y.; the Postal Inspection Service in Springfield; the Massachusetts State Police Assigned to Attorney General Martha Coakley's Springfield Office and the New York State Police. The case was prosecuted by Assistant U.S. Attorney Kevin O’Regan of Ortiz’s Springfield Office.
New Haven Man Sentenced to 10 Years in Federal Prison for Selling Stolen FirearmsRead the Press Release
January 10, 2013David B. Fein, United States Attorney for the District of Connecticut, announced that KHALID AZIZ, also known as “Corey Williams, Sr.,” “Cory Williams,” “Avery Smith,” “Gregory Richardson,” “Andre Gorham,” and “Big Corey,” 43, of New Haven, was sentenced today by United States District Judge Janet Bond Arterton in New Haven to 120 months of imprisonment, followed by three years of supervised release, for selling stolen firearms.
According to court documents and statements made in court, AZIZ’s son, Corey Williams, Jr., told AZIZ that he had stolen multiple firearms from a Meriden gun store and was having trouble selling some of the “big guns.” AZIZ put Williams in touch with Airess Johnson, who knew someone interested in purchasing firearms. The potential purchaser was an individual cooperating with law enforcement, and that cooperator negotiated a purchase price for three firearms with Williams.
At approximately 8:30 p.m. on February 2, 2012, AZIZ, Williams and Johnson drove to the parking lot of a New Haven restaurant. After AZIZ and Williams exited the vehicle and waited in front of a nearby store, the cooperator purchased two 12 gauge shotguns and a .308 caliber semi-automatic rifle from Johnson in exchange for $1,200. After the transaction, AZIZ, Williams and Johnson departed together. Williams then paid AZIZ approximately $50 for his role in facilitating the sale of the three firearms.
Law enforcement officers later recovered the three firearms from the cooperator’s vehicle. All three had been reported stolen from a federal firearms licensee in Meriden on November 5, 2011. Six additional firearms that were stolen at the same time remain unaccounted for.
AZIZ’s criminal history includes at least 19 felony convictions.
On October 22, 2012, AZIZ pleaded guilty to one count of sale of stolen firearms.
Williams, 24, of Meriden, pleaded guilty to the same charge on November 2, 2012. He is scheduled to be sentenced on January 15.
Johnson, 35, of New Haven, pleaded guilty on July 3, 2012, to one count of possession of firearms by a previously convicted felon. On January 3, 2013, she was sentenced to 20 months of imprisonment.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with substantial assistance provided by the New Haven Police Department and the Meriden Police Department. The case is being prosecuted by Assistant United States Attorney Marc H. Silverman.
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[email protected]National Expert Visiting Pittsburgh to Speak on Cyber SecurityRead the Press Release
PITTSBURGH, Pa. - Western Pennsylvania corporate and foundation leaders, law enforcement and cyber professionals will hear from one of the nation's leading experts on cyber security over the next two days. Paul G. Kaminski, chair of the RAND Corporation and chairman and CEO of Technovation, Inc., is visiting Pittsburgh to deliver a series of speeches dealing with the cyber threat and national and economic security. U.S. Attorney David J. Hickton invited Dr. Kaminski to visit the area to stress the importance of addressing the contemporary cyber threat.
Cybersecurity has been one of U.S. Attorney Hickton's areas of focus during his tenure. "Cyber threats represent both a real challenge for Western Pennsylvania, as illustrated by last year's bomb threats against the University of Pittsburgh and the continuing denial-of-service attacks on area banks, and an opportunity given the resources at our universities," he said.
Dr. Kaminski will be available for interviews on Jan. 11, at 11:15 a.m. in the U.S. Attorney's Office.
WHAT:Interview Opportunity with Paul G. Kaminski,
National Expert on Cyber Security IssuesWHEN:Friday, January, 11, 2013
11:15 a.m.WHERE:U.S. Attorney's Office
Main Conference Room
700 Grant Street - Suite 4000
Pittsburgh, Pa. 15219Myles Fitzgerald Guidry Pleads Guilty to Receipt of Child PornographyRead the Press Release
MYLES FITZGERALD GUIDRY, age 48, a resident of New Orleans, Louisiana, pled guilty today before the U.S. District Court Judge Nanette Jolivette Brown to one-count of receipt of child pornography, announced United States Attorney Dana J. Boente.
According to court documents, GUIDRY downloaded images and videos depicting the sexual exploitation of children (“child pornography”) by receiving the images from other individuals with whom he communicated via the Internet. Pursuant to a search warrant, Special Agents with the Federal Bureau of Investigation recovered one computer that was determined to contain images and videos of child pornography. GUIDRY used an Internet-based, real-time video chat program to communicate with multiple individuals. During the course of a chat session conducted using the program, GUIDRY requested that the individual(s) with whom he was communicating send him images and videos depicting the sexual victimization of children.
GUIDRY faces a maximum penalty of twenty (20) years imprisonment, followed by up to a life term of supervised release, and a $250,000 fine. He may also be required to register as a sex offender. Sentencing is currently scheduled for April 18, 2013.
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 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.projectsafechildhood.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case is being investigated by Special Agents from the Federal Bureau of Investigation. The prosecution of this case is being handled by Assistant United States Attorney Jordan Ginsberg.
(Download Indictment )
Mission Woman Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Misty Fawn Swalley, age 22, of Mission appeared before United States District Judge Roberto A. Lange on January 9, 2013, and pled guilty to Assault with a Dangerous Weapon and Aiding and Abetting. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both.
The conviction stems from an incident that took place on October 1, 2011, when Swalley and others assaulted and beat the victim, which included kicking the victim with shod feet and cutting the victim with a broken bottle.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Tim Maher.
Swalley must report to the custody of the United States Marshal on February 15, 2013.
Maumee Man Charged with Conspiracy, Firearms Charges in 10-count IndictmentRead the Press Release
A 10-count indictment was filed charging Barry P. DeRan, age 54, of Maumee, Ohio, with conspiracy, making false statements in the acquisition of firearms, and unlawfully dealing in firearms, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
“The laws are very clear about who is forbidden from carrying firearms, and this defendant fell into that category,” Dettelbach said. “We will aggressively pursue those who would violate our nation’s firearms laws.”
DeRan is accused of conspiring with others to obtain firearms from Internet firearms dealers. He falsely identified the actual buyer of the firearms when completing the required firearms transfer records, ATF Form 4473, according to the indictment.
This was done to conceal the fact that DeRan was the actual buyer of the firerarms when he was prohibited from possessing, using, carrying or obtaining any deadly weapons by a Lucas County Common Pleas Court civil protection order, according to the indictment.
Between August 2010 and May 2011, DeRan purchased 11 firearms from an Arizona-based dealer and had them shipped to a licensed Ohio firearms dealer to complete the transfer when a person known to the Grand Jury was falsely identified as the actual buyer when completing Form 4473, according to the indictment.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, Toledo, Ohio. The case is being handled by Assistant United States Attorney Gene Crawford.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Manhhattan U.S. Attorney Announces Arrest of Richard Ammar Chichakli on Money Laundering, Wire Fraud, and Conspiracy ChargesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Michele M. Leonhart, the Administrator of the United States Drug Enforcement Administration (“DEA”), announced that RICHARD AMMAR CHICHAKLI, an associate of convicted international arms dealer, Viktor Bout, was arrested yesterday in Australia for, among other things, allegedly conspiring with Bout and others to violate the International Emergency Economic Powers Act (“IEEPA”) by attempting to purchase two aircraft from companies located in the U.S., in violation of economic sanctions that prohibited such financial transactions. In addition, CHICHAKLI is also charged with money laundering conspiracy, wire fraud conspiracy, and six separate counts of wire fraud, in connection with the attempted aircraft purchases. CHICHAKLI, a citizen of Syria and the U.S., was arrested by Australian authorities at the request of the U.S.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Richard Ammar Chichakli consorted with the world’s most notorious arms trafficker in the purchase of aircraft that would be used to transport weapons to some of the world’s bloodiest conflict zones, in violation of international sanctions. Thanks to the cooperative efforts of all of our law enforcement partners, both here and abroad, Chichakli has finally been apprehended and will now face justice.”
DEA Administrator Michele M. Leonhart said: “The international law enforcement community has long recognized Richard Chichakli as a key criminal facilitator in Viktor Bout’s global weapons trafficking regime and his arrest means the world is safer and more secure. Bout merged drug cartels with terrorist enablers, and his close associate, Chichakli, worked to ensure they could ship weapons and conduct illicit business around the world. DEA continues to forge strong partnerships worldwide and applauds our Australian police partners.”
According to the Superseding Indictment previously filed in Manhattan federal court and other court documents:
Bout is presently serving a 25-year prison term as a result of his November 2011 conviction in this district for conspiring to sell millions of dollars of weapons to the Fuerzas Armadas Revolucionarias de Colombia (the “FARC”), a designated foreign terrorist organization based in Colombia. Prior to his arrest on those charges in March 2008, in Thailand, and since the 1990s, Bout was an international weapons trafficker. Bout carried out his massive weapons-trafficking business by assembling a fleet of cargo airplanes capable of transporting weapons and military equipment to various parts of the world, including Africa, South America, and the Middle East.
The arms Bout has sold or brokered have fueled conflicts and supported regimes in Afghanistan, Angola, the Democratic Republic of the Congo, Liberia, Rwanda, Sierra Leone and Sudan. CHICHAKLI had been a close associate of Bout’s since at least the mid-1990s, assisting in the operations and financial management of his network of aircraft companies. As a result of Bout’s role in pouring arms into these international conflicts, his relationship with CHICHAKLI, and Bout and CHICHAKLI’s close relationship with former Liberian President Charles Taylor, both Bout and CHICHAKLI have been the subject of United Nations Security Council (“UNSC”) sanctions restricting their travel and their ability to conduct business around the world. In addition, more than 25 companies affiliated with Bout and CHICHAKLI have been listed by the UNSC as subject to similar restrictions concerning their assets and financial transactions.
In 2004, consistent with the sanctions previously adopted by the UNSC concerning Liberia, the President of the United States issued an executive order prohibiting any transactions or dealings within the U.S. by individuals affiliated with former President Taylor. Accordingly, the U.S. Department of Treasury, pursuant to its authority under IEEPA, prohibited Bout from conducting any business in the U.S. In 2005, that prohibition was extended to CHICHAKLI.
The United Nations and IEEPA sanctions encumbered CHICHAKLI’s and Bout’s efforts to conduct business within their existing corporate structures. Accordingly, CHICHAKLI and Bout took steps to form new companies, and to register these companies in the names of other individuals in order to create the false appearance that they had no affiliation with them.
One such company – Samar Airlines – was created in 2004, right after the majority of United Nations and IEEPA sanctions became effective. CHICHAKLI and Bout were personally involved in the operational and business affairs and decisions of Samar Airlines, though they held out other individuals as being the officers of the company. In 2007, in violation of the IEEPA sanctions to which they were subject at the time, CHICHAKLI and Bout, acting through Samar Airlines, contracted to purchase two Boeing aircraft from companies located in the U.S.
In connection with the purchase of these aircraft and related services, CHICHAKLI and Bout electronically transferred more than $1.7 million through banks in New York and into bank accounts located in the U.S. They did so through a number of front companies, the assets of which were also owned and controlled by Bout, in order to evade the UNSC’s sanctions regime and IEEPA prohibitions. Upon the discovery that CHICHAKLI was connected to Samar Airlines, the U.S. Treasury Department blocked the funds that had been transferred into the bank accounts of the U.S. aviation companies.
The Superseding Indictment charges CHICHAKLI with nine separate offenses:
- Count One: Conspiracy to violate the International Emergency Economic Powers Act;
- Count Two: Money laundering conspiracy;
- Count Three: Wire fraud conspiracy; and
- Counts Four through Nine: Wire fraud.
If convicted, CHICHAKLI faces a maximum sentence of 20 years in prison on each of the nine counts. The case is assigned to U.S. District Judge William H. Pauley, III.
Mr. Bharara praised the outstanding investigative efforts of the DEA and thanked the Australian Federal Police, the Victoria State Police, the Australian Attorney General’s Department, the U.S. Department of Justice Office of International Affairs, the U.S. Department of State and Interpol for their assistance in this matter.
The case is being handled by the Terrorism and International Narcotics Unit. Assistant United States Attorneys Anjan Sahni, Brendan R. McGuire, Jenna M. Dabbs and Christian R. Everdell are in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
U.S. v. Richard Ammar Chichakli S2 Indictment
Manhattan U.S. Attorney Announces Charges Against 17 Individuals in Connection with A Violent Manhattan Drug Trafficking CrewRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, George Venizelos, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Raymond W. Kelly, the Police Commissioner of the City of New York (“NYPD”), today announced charges against 17 members of a criminal organization based in Harlem, New York for conspiring to distribute cocaine, crack cocaine, and marijuana. The Superseding Indictment also charges seven of the defendants with possessing firearms in connection with, and in furtherance of, the drug distribution conspiracy. One defendant, ROGER KEY, was also charged in the original indictment with orchestrating a murder-for-hire conspiracy of an individual at gunpoint.
Of the 16 new defendants charged, 10 were taken into custody last night and early this morning as part of a coordinated operation involving federal and local law enforcement officers. All the defendants who were arrested last night and this morning will be presented in Manhattan federal court this afternoon before U.S. Magistrate Judge Henry B. Pitman. RUBEN DAVIS and RUBEN FERNANDEZ were previously arrested by the NYPD on related state charges and remain detained. STEVEN HERBERT is currently detained on an unrelated federal charge. GEORGE DAVIS is expected to surrender later to law enforcement today, and KEITH PURVIS and CLAYTON MOLLETTE remain at large.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, this pack of gun-toting drug dealers wrought havoc, instilled fear, and peddled highly addictive – and sometimes lethal – narcotics in the Harlem neighborhood in which they operated. With today’s indictment, they are now off the streets, but our work is not finished and we remain committed to shutting these violent drug crews down completely. I want to thank New York County District Attorney, Cyrus Vance and his office, who began the investigation into this alleged narcotics crew and shared the fruits of their investigation with our Office, enabling us to build this case. It is another great example of our Offices working together in a way that best serves the case and the interests of the people of Manhattan.”
FBI Assistant Director-in-Charge George Venizelos said: “For the second time in as many days we are announcing charges in a significant drug trafficking case, and again we see the ever-present link between drugs and guns. If your business is peddling illegal drugs, the business almost always entails violence to protect it. The FBI is committed to teaming with the NYPD in vigorous policing of the illegal drug trade in our mutual effort to reduce violent crime.”
NYPD Commissioner Raymond W. Kelly said: “These arrests are another example of police and their federal partners’ unrelenting pursuit of crews who monetize drugs and violence. I commend the NYPD Manhattan North Narcotics detectives who worked to bring these criminals to justice, to restore some measure of safety to Harlem residents. Their work is among the reasons why New York City experienced a record low in shootings and murder last year.”
As alleged in the Superseding Indictment unsealed today and other documents filed in Manhattan federal court:
From at least 2009 through May 2012, members of the crew sold significant street level quantities of cocaine, crack cocaine, and marijuana in Harlem, New York. Members of the crew used firearms, threats of violence and violence to protect their drug business.
Additionally, in November 2011, KEY and others recruited and hired individuals to shoot and kill a victim. During the assassination attempt, one of KEY’s co-conspirators, however, shot and hit an innocent bystander, who was standing near the intended victim’s car. The innocent bystander survived.
A chart containing the ages, residency information, and charges against the defendants, as well as the maximum penalties they face is attached.
Mr. Bharara praised the outstanding investigative work of the FBI and the NYPD. He also thanked the New York County DA’s Office for sharing evidence that ultimately led to today’s charges. He added that the investigation is continuing.
The prosecution of this case is being overseen by the Office's Violent Crimes Unit. Assistant United States Attorneys Abigail Kurland, Adam Fee, and Santosh Aravind are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
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U.S. v. Roger Key, et al Superseding Indictment
US v. Roger Key, et al Superseder ChartMan Indicted on Attempting to Entice a Minor to Engage in Sexual ActivityRead the Press Release
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. Announced today that a federal grand jury in Buffalo has returned an indictment charging Robert P. Dombrowski, 50, of Buffalo, N.Y., with attempting to persuade, induce, entice, and coerce a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life, and a fine of $250,000.
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that according to the indictment, on February 7, 2012, the defendant began online chats with someone he believed to be a minor. However, the individual that he was conversing with was an undercover FBI Agent. On March 9, 2012, agents took Dombrowski into custody after he arrived at a restaurant with the intention to meet the minor he had been conversing with online.
The indictment is the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation, under the direction of Christopher M. Piehota, Special Agent in Charge and the Violent Crimes Against Children Task Force.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
MPD Officer Sentenced to Prison Term for Assault with A Dangerous Weapon and Solicitation of Prostitution-Charges Stem from Confrontation in August 2011-Read the Press Release
WASHINGTON – Kenneth Furr, an officer with the Metropolitan Police Department (MPD), was sentenced today to a total of 14 months in prison for assault with a dangerous weapon and solicitation of prostitution, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department.
Furr, 48, was found guilty of the two offenses by a jury in October 2012 following a trial in the Superior Court of the District of Columbia. The jury acquitted Furr of several other charges, including assault with intent to kill while armed. The Honorable Russell F. Canan sentenced Furr today to five years in prison for assault with a dangerous weapon and 30 days of incarceration for the solicitation offense. He suspended all but 14 months of that time on the condition that Furr successfully complete three years of supervised probation.
According to the government’s evidence, in the early morning hours of Aug. 26, 2011, Furr, who was off duty, was attempting to pick up transgender prostitutes in the area of Fifth and K Streets NW. His initial attempts to pick up one transgender woman were rejected by her. He nonetheless followed her into a drug store at 400 Massachusetts Avenue. Once inside, he continued to solicit her, in front of two of her acquaintances. Furr got into a verbal altercation with one of them, and was asked to leave the drug store by the store’s security officer.
A short time later, Furr confronted the two acquaintances outside the store. Furr, who was parked on H Street NW, reached into his glove compartment, took out a semi-automatic pistol, and pointed it at them; this is the offense that led to the guilty verdict on the charge of assault with a dangerous weapon. One reported the incident to the store security officer. After Furr identified himself as a police officer, the security officer ceased his investigation and let him go.
Approximately 20 minutes later, three of the complainants, from the incident at the drug store, along with two of their friends, encountered Furr in the area of 5th and K Streets NW. Furr once again was attempting to solicit a transgender prostitute. The complainants pulled their car next to Furr’s, and at least one of the occupants in the complainants’ car assaulted Furr. Furr sped off and the complainants’ car followed.
While being followed by the complainants, Furr drove to the area of First and Pierce Street NW, where he parked his car and began shooting toward their vehicle. The driver of the victims’ car ducked and hit the accelerator, crashing into the side of Furr’s vehicle. Furr then jumped on the hood of the occupied vehicle and continued shooting, firing a total of five rounds. Three of the occupants of the car suffered injuries.
Furr was arrested after the incident and remained in custody pending the trial. Following the jury’s verdict, Judge Canan released him into a high-intensity supervision program pending sentencing. The judge credited the time that Furr had already spent in custody toward his sentence; as a result, Furr remains free and is now on probation.
In announcing the sentence, U.S. Attorney Machen and Chief Lanier commended the detectives and officers who investigated the case from the MPD. They also praised those who worked on the case from the U.S. Attorney’s Office, including Jennifer Clark, of the Victim Witness Assistance Unit; Litigation Technology Specialists Leif Hickling and Joseph Calvarese; Intelligence Specialist Larry Grasso; Paralegal Specialists Marian Russell and Donville Drummond; Legal Assistant Mary Doster; Assistant U.S. Attorney Lara Worm, who investigated the case, and Assistant U.S. Attorneys Worm and Natalia Medina Burnett, who prosecuted the case.
13-005Los Zetas Kidnappers Plead GuiltyRead the Press Release
LAREDO, Texas – Four Laredoans have been convicted for their roles in a kidnapping ordered by Los Zetas drug trafficking organization and executed by members and associates of the Hermanos Pistoleros Latinos (HPL) gang, United States Attorney Kenneth Magidson announced today.
Pablo Cerda, 36, and Ernesto Zaragoza-Solis, 29, pleaded guilty to one count of conspiracy to kidnap and one count of using and discharging a weapon during and in relation to a crime of violence, while Grace Diaz-Martinez, 33, was convicted of one count of being an accessory after the fact to the kidnapping. Efrain Garza, 31, pleaded guilty to conspiracy to kidnap and conspiracy to use a weapon during a crime of violence.
The kidnapping was in retribution for a money load alleged to have been stolen by a subject who was to have delivered the drug proceeds to Los Zetas in Nuevo Laredo, Mexico.
On Sept. 19, 2010, at approximately 11:37 p.m., officers received a 911 call indicating that a person had been kidnapped at gunpoint from a residence on Eistetter Street in Laredo and that shots were fired. Officers met with the juvenile daughter of the victim who claimed her mother had been taken by force by several unknown subjects. The men had also attempted to take the daughter but she was able to resist and the kidnappers fled the scene with her mother. The kidnapped victim would later identify Garza as one of the kidnapers who took her by force from her residence.
The next day, Cerda received a call from Zaragoza who reported “his friends already have the mother” and that “that they will pick her up and take her over there” (a reference to Nuevo Laredo, Mexico).
Drug Enforcement Administration (DEA) agents ascertained the location of the victim shortly thereafter. On Sept. 20, 2010, agents and officers approached a residence on Piedra China, at which time the kidnapping victim immediately ran out of the house. Arrested at the scene were Zaragoza-Soliz, Diaz-Martinez, Garza and two others. It was determined the residence was the home of Garza and his parents and that Diaz-Martinez was also temporarily residing with them. Also found at the residence were three weapons to include a Smith and Wesson .38 caliber revolver, an unknown make 7.62 caliber pistol and a Norinco 7.62 caliber rifle, Model Mak-90.
Following her rescue, the victim explained that Garza was one of the subjects who grabbed her and forced her into a vehicle and she was transported against her will. Her wrists were bound with duct tape and her eyes were covered with a blindfold. During her captivity, suspects held a gun to her temple and demanded to know the whereabouts of her stepson and his friends, whom the kidnappers claimed had stolen more than $1 million from Los Zetas.
The victim was kept in a back bedroom continually with hands and eyes bound until the police came to the residence. When law enforcement arrived, Diaz-Martinez and Zaragoza-Soliz removed the blindfold and duct tape from the victim to avoid detection by the law enforcement agents at the door. Diaz-Martinez also made false statements, such as that the victim was never bound or blindfolded, that she had not been kidnapped nor held against her will. The statements were made to hinder and prevent the apprehension, trial and punishment of Garza whom Diaz-Martinez was amorously involved with at the time and has since married.
U.S. Magistrate Judge Guillermo R. Garcia accepted the pleas today, but a sentencing date has not yet been set. All will remain in custody pending that hearing.
The convictions are the result of Organized Crime Drug Enforcement Task Force Operation El Chacal is an investigation spearheaded by the DEA and assisted by the Laredo Police Department and Webb County District Attorney’s Office. The case is being prosecuted by Assistant United States Attorney Mary Lou Castillo.
Lorain Man Charged with Bank Fraud and Money LaunderingRead the Press Release
A six-count indictment was filed charging Clarence Cornwell, age 51, of Lorain, Ohio, with bank fraud and money laundering, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Cornwell is accused of defrauding Charter One by deposting a check with a materially altered payee's name into a business account Cornwell controlled on July 28, 2010, according to the indictment. Between July 30 and Aug. 4, 2010, Cornwell then made five withdrawals from the account totalling $39,900, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Secret Service, Toledo, Ohio. The case is being handled by Assistant United States Attorney Gene Crawford.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Lockport man convicted of drug conspiracy chargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Torano Spencer, 37, of Lockport, N.Y., pleaded guilty before U.S. District Court Judge William M. Skretny to conspiracy to distribute cocaine and cocaine base. The drug conspiracy charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both.
Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that from June 2009 through August 2010, Spencer sold cocaine and cocaine base he purchased from Eric Williams, to other individuals in the Lockport area. Spencer is one of 19 defendants convicted as a result of this drug trafficking investigation. Williams was previously convicted of conspiracy to possess with intent to distribute, and to distribute, kilograms of cocaine, and is scheduled to be sentenced on September 10, 2013.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent- in-Charge Toni M. Weirauch, and the Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Votour.
Sentencing is scheduled for December 3, 2013 at 9:00 a.m. before Judge Skretny.Lincoln County Woman Sentenced to 10 Years in Federal Prison for Armed RobberyRead the Press Release
Mullins used a pistol to rob a Hurricane nursing home of prescription pills and cash from a Lincoln Co. bank
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that a Lincoln County woman was sentenced to 10 years in federal prison for armed robbery of a Hurricane nursing home facility and a Lincoln County bank. Morgan Marie Mullins, 26, of West Hamlin, Lincoln County, W.Va., previously pleaded guilty in August 2012 to interfering with commerce by threats of violence, using and carrying a firearm during and in relation to a crime of violence, and armed bank robbery.
"This case shows in very stark terms the devastating effects of the prescription drug epidemic," said U.S. Attorney Goodwin. "The defendant’s crimes were shocking and now she has ten years to think about the effects of those crimes."
Goodwin continued, “As the Court noted, the significance of this sentencing should also serve as a deterrent.”
Mullins admitted that on May 2, 2012, she robbed the Teays Valley Center nursing home located in Hurricane, W.Va. Mullins further admitted that she used a 9-millimeter pistol when she robbed on-duty employees at the nursing home of controlled substances, including prescription painkillers. The defendant was employed at the nursing home at the time of the robbery.
Also on May 22, 2012, Mullins robbed the City National Bank located in West Hamlin, Lincoln County, W.Va. of $3003 cash. Mullins further admitted that she used the same 9-millimeter pistol for both robberies.
On May 23, 2012, Mullins gave a voluntary statement to law enforcement officers where she admitted to robbing the Teays Valley Center and the City National Bank. Law enforcement officers later recovered the 9-millimeter pistol from beneath the defendant’s bed. Officers also recovered a black hat with red and white stripes with the eye holes cut out of it. The hat was found in an alley near the bank that was robbed in Lincoln County. The defendant admitted that she wore the hat as a disguise during the robberies.
The defendant further admitted that at the time of both robberies and for the past three and a half years, she has been addicted to oxycodone.
The FBI conducted the investigation. Assistant United States Attorney Steven I. Loew handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
This case was also brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.
Laredo Los Zetas Arms Traffickers Plead GuiltyRead the Press Release
LAREDO, Texas – Pablo Cerda, 36, and Nicolas Sanchez-Reyes, 50, have been convicted for their roles in a conspiracy to export weapons to Mexico destined for Los Zetas drug trafficking organization, United States Attorney Kenneth Magidson announced today. The two Laredoans both entered pleas to one count of conspiracy to export arms.
In November 2010, agents learned of a shipment of weapons to be delivered in Laredo from the Dallas area for transportation to Mexico. Otilo Osorio and Ranferi Osorio were identified as co-conspirators in the Dallas area who were to deliver the weapons to other co-conspirators for transportation to Laredo. Cerda and Sanchez-Reyes were tasked with receiving the shipment of weapons from Dallas in Laredo and arranging for the transportation of said weapons to the Republic of Mexico.
On Nov. 9, 2010, agents set up surveillance at the parking lot area of a Wal-Mart located near I-35 in Lancaster, at which time agents observed a tractor trailer driver meet with Ranferi and Otilio Osorio who arrived in a Ford Explorer. Two large duffel bags believed to contain weapons were removed from the Explorer and placed inside the tractor. Agents then followed the tractor-trailer.
Sanchez-Reyes and Cerda then coordinated the receipt of the weapons for ultimate transportation to Nuevo Laredo. Between Nov. 9 and 10, the men called each other regarding the logistics of the shipment and coordinated the delivery of the weapons in Laredo to another driver secured by Cerda who would transport the weapons to Mexico.
On Nov. 9, Webb County Sheriff’s deputies conducted a traffic stop in Laredo of tractor trailer transporting the weapons. At that time, Sanchez-Reyes called the driver’s phone and a deputy answered the call. Unaware of the situation, Sanchez-Reyes said he was looking for the driver who was supposed to bring him something, at which time the deputy informed the driver could not talk. After the stop, deputies located the two duffle bags and found 40 high-powered firearms consisting of various makes, models and calibers as well as 39 empty magazines. Agents then discovered that 37 of the 40 firearms recovered had obliterated serial numbers. The driver was arrested at the scene.
Sentencing has yet to be set. The defendants will remain in custody pending that hearing.Co-defendants Otilo and Ranferi Osorio were indicted in Dallas and have since pleaded guilty and sentenced to prison.
The case was investigated by agents of the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant United States Attorney Mary Lou Castillo.
Kings Mountain Man Charged with Armed Robbery of Fast Food Chain Restaurant in CharlotteRead the Press Release
CHARLOTTE, N.C. – James William Lewis, Jr., 31, of Kings Mountain, N.C. faces federal charges in connection with the December 12, 2013 armed robbery of a Charlotte area Jack in the Box restaurant, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Tompkins is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division and Chief Rodney D. Monroe, of the Charlotte-Mecklenburg Police Department.
A federal criminal complaint filed today in U.S. District Court charges Lewis with one count of Hobbs Act robbery. According to the criminal complaint, on December 12, 2013, Lewis entered the restaurant and asked the manager for money while brandishing a weapon. The manager handed Lewis cash and Lewis fled the scene.
Lewis is currently in federal custody. His initial appearance is set for today at 2:00 p.m. before U.S. Magistrate Judge David S. Cayer. The statutory maximum sentence for Hobbs Act robbery is 20 years imprisonment and a $250,000 fine.
The charges contained in the complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The investigation is handled by the FBI and CMPD. The prosecution is being handled for the government by Assistant U.S. Attorney George Guise of the U.S. Attorney’s Office in Charlotte.
Kevin Michael McCarthy Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on January 10, 2013, before U.S. District Judge Dana L. Christensen, KEVIN MICHAEL McCARTHY, a 55-year-old resident of Missoula, appeared for sentencing. McCARTHY was sentenced to a term of:
- Prison: 160 months concurrent to State of Montana sentence
- Special Assessment: $200.00
- Supervised Release: life
McCARTHY was sentenced in connection with his guilty plea to receipt of child pornography and possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
On December 30, 2010, a search warrant for McCARTHY's residence was obtained by the Missoula Police Department. Numerous CDs and DVDs along with McCARTHY's computers were seized. A large collection of child pornography (videos and images) was located on 23 of the discs which depicted children engaged in sexually explicit conduct.
A computer forensic examiner analyzed the three computers and located over 2,000 images and 89 videos of child pornography. The files were created between October 2000 and December 2010 and depict children engaged in sexually explicit conduct.
When interviewed, McCARTHY admitted using file sharing programs to download child pornography, specifically prepubescent girls, and admitted to storing the files on DVDs. He also admitted he received sexual gratification while viewing the child pornography.
McCARTHY was also prosecuted by the Missoula County Attorney's Office. He pled guilty to sexual assault for subjecting a child to sexual contact without consent (starting when the child was 5-6-years old) between January 1, 2003, and December 31, 2008. He also pled guilty to sexual abuse of children for possessing visual medium (i.e. videos on his computer) depicting child pornography. McCARTHY was sentenced to 20 years at Montana State Prison with 16 years suspended for the sexual assault charge and to 10 years at Montana State Prison with 6 years suspended (to run concurrently with the first count) for sexual abuse of children. Under Montana law, McCARTHY is parole eligible after serving one-fourth of his full-term of commitment (full term is 4 years, so parole eligible after 1 year). Based on prison records, McCARTHY was parole eligible on November 14, 2012. He was also ordered to complete Phase I and II of the Sexual Offender Program before being considered for parole.
In rare criminal cases it is appropriate for both federal and state charges to be filed against a defendant - the case against Kevin McCarthy is just such a case," said U.S. Attorney Michael W. Cotter. "The sentence imposed by the state criminal justice system, in this case, to this defendant, based on McCarthy's egregious conduct directed at vulnerable children was simply insufficient. All arms of government have a duty to protect the children of Montana from individuals like McCarthy. The sentence imposed by the federal court today ensures such protection to Montana's children."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that McCARTHY will likely serve all of the time imposed by the court. In the federal system, McCARTHY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Missoula Police Department and the Montana Division of Criminal Investigation.
Kaylen Butcher Sentenced to 61 Months in Prison for Armed RobberyRead the Press Release
GREENEVILLE, Tenn. - Kaylen Butcher, 19, of Greeneville, Tenn., was sentenced on Jan. 10, 2013, to serve a total of 61 months in prison by the Honorable Leon Jordan, Senior U.S. District Judge. Upon his release from prison, he will serve five years of supervised release. Butcher was further ordered to pay restitution to the victim of her crime.
Butcher pleaded guilty in September 2012 to the June 2012 robbery by force of the Stop and Go Market in Chuckey. Butcher also pleaded guilty to carrying a firearm in the commission of the robbery. Federal law mandates a five year minimum mandatory sentence for carrying a firearm in the commission of a violent offense. In determining her sentence, the court considered Butcher’s cooperation against Larry Morgan, who was convicted at trial in October 2012, of the armed robberies of the Stop and Go Market and Greeneville Federal Bank. Butcher testified against Morgan at trial.
Law enforcement agencies participating in the joint investigation included the Greeneville Police Department, Greene County Sheriff’s Department, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Johnson City Police Department, Tennessee Bureau of Investigation Crime Lab, and the Sullivan County Sheriff’s Department dive team. Assistant U.S. Attorney J. Gregory Bowman represented the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.
KC Man Sentenced to 15 Years for Illegal FirearmRead the Press Release
Project CeasefireKANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for illegally possessing a firearm.
Roderick E. Taylor, 29, of Kansas City, was sentenced by U.S. District Judge Howard F. Sachs to 15 years in federal prison without parole. Taylor was sentenced as a career criminal due to his prior felony convictions.
On Aug. 30, 2012, Taylor pleaded guilty to being a felon in possession of a firearm. Taylor was arrested by Kansas City police officers on Jan. 29, 2012, while driving a stolen vehicle. An officer found a loaded Kel-Tec 9mm semi-automatic handgun, with a live round in the chamber and the safety off, tucked in Taylor’s shoe. The handgun had been stolen from an owner in Independence, Mo.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Taylor has three prior felony convictions for burglary, one prior felony conviction for attempted burglary, and one prior felony conviction for assault on a law enforcement officer.
This case is being prosecuted by Assistant U.S. Attorney Christina Y. Tabor. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Ceasefire
Project Ceasefire, launched in October 1999, is a cooperative initiative by federal and local law enforcement and the Kansas City Crime Commission that targets for federal prosecution persons who unlawfully use or possess firearms.Justice Department Obtains Comprehensive Agreement to Resolve Long Standing Litigation Regarding the Rights of People with Developmental DisabilitiesRead the Press Release
Today, the Justice Department announced that it filed in federal court yesterday afternoon a comprehensive agreement that will resolve long running litigation with the state of Tennessee originally concerning conditions of care at the former Arlington Developmental Center (ADC). On Jan. 15, 2013, the U.S. District Court in Memphis, Tenn., will conduct a hearing to determine whether to approve the agreement. Individuals affected by the agreement are invited to attend the hearing and provide comment to the Court.
Over the 20-year course of the litigation, the state has made significant changes in the delivery of services for a class comprised of former ADC residents and many other individuals who were deemed at-risk of placement at ADC. Tennessee closed ADC in October 2010. The new agreement reaches many of those in the group deemed at risk of placement in ADC prior to its closure.
The agreement resolves remaining issues in the litigation by expanding community-based services so that the state can serve people with developmental disabilities, including intellectual disabilities, in their own homes, their families’ homes or other integrated community settings. The agreement also will provide class members in nursing homes to choice to receive services in integrated, community-based settings. Over the next year, Tennessee will expand community services by providing home and community-based Medicaid waivers to Medicaid-eligible individuals; seeking new and cost-efficient models of care for class members with behavioral needs; and providing supported employment for class members seeking work. This expansion will provide people the opportunity to transition successfully from nursing and other facilities to community settings that can meet their needs and prevent new people from being unnecessarily institutionalized.
“This agreement will provide remaining class members with developmental disabilities in western Tennessee the opportunity to live successfully in their homes and communities and bring this long-standing litigation to an appropriate end,” said Assistant Attorney General Thomas E. Perez. “I commend Governor Haslam for his leadership on this issue, and we will continue to work with states around the country, as we have with Virginia, Georgia, Delaware, North Carolina, and – today – Tennessee, to ensure that people with disabilities are given the choice to live in community-based settings.”
“This is an example of the state of Tennessee making the choice to do what is not only legally right, but right in the grander sense,” said U.S. Attorney Edward L. Stanton III. “Protecting the civil rights of every citizen is a fundamental duty of our office and this agreement does so while preserving the dignity and improving the quality of life for some of our most vulnerable citizens.”
Upon the state’s successful completion of the agreement, the litigation is expected to come to an end. In 1991, the department released a findings letter pursuant to the Civil Rights for Institutionalized Persons Act (CRIPA) detailing conditions at ADC that violated residents’ constitutional rights. The following year the department brought suit to remedy those conditions. The court joined that suit with a separate suit brought by People First of Tennessee concerning ADC and the rights of people at risk of institutionalization at ADC. People First remains active in the case and also is a party to the agreement .
Civil Rights Division staff Jonathan Smith, chief; Shelley Jackson, deputy chief; and senior trial attorneys Jonas Geissler and Michelle Jones, worked on the case and the agreement .
For more information on the Justice Department’s Civil Rights Division, please visit www.justice.gov/crt . If you have any comments or concerns specific to this matter, please feel free to contact the division at1-877-218-5228.
Related Materials:
ADC Agreement
Justice Department Obtains Comprehensive Agreement to Resolve Long Standing Litigation Regarding the Rights of People with Developmental DisabilitiesRead the Press Release
Memphis, TN – Today, the Justice Department announced that it filed in federal court yesterday afternoon a comprehensive agreement that will resolve long running litigation with the state of Tennessee originally concerning conditions of care at the former Arlington Developmental Center (ADC). On Jan. 15, 2013, the U.S. District Court in Memphis, Tenn., will conduct a hearing to determine whether to approve the agreement. Individuals affected by the agreement are invited to attend the hearing and provide comment to the Court.
Over the 20-year course of the litigation, the state has made significant changes in the delivery of services for a class comprised of former ADC residents and many other individuals who were deemed at risk of placement at ADC. Tennessee closed ADC in October 2010. The new agreement reaches many of those in the group deemed at risk of placement in ADC prior to its closure.
The agreement resolves remaining issues in the litigation by expanding community-based services so that the state can serve people with developmental disabilities, including intellectual disabilities, in their own homes, their families’ homes or other integrated community settings. The agreement also will provide class members in nursing homes the choice to receive services in integrated, community-based settings. Over the next year, Tennessee will expand community services by providing home and community-based Medicaid waivers to Medicaid-eligible individuals; seeking new and cost-efficient models of care for class members with behavioral needs; and providing supported employment for class members seeking work. This expansion will provide people the opportunity to transition successfully from nursing and other facilities to community settings that can meet their needs and prevent new people from being unnecessarily institutionalized.
“This agreement will provide remaining class members with developmental disabilities in western Tennessee the opportunity to live successfully in their homes and communities and bring this long-standing litigation to an appropriate end,” said Assistant Attorney General Thomas E. Perez. “I commend Governor Haslam for his leadership on this issue, and we will continue to work with states around the country, as we have with Virginia, Georgia, Delaware, North Carolina, and – today – Tennessee, to ensure that people with disabilities are given the choice to live in community-based settings.”
“This is an example of the state of Tennessee making the choice to do what is not only legally right, but right in the grander sense,” said U.S. Attorney Edward L. Stanton III. “Protecting the civil rights of every citizen is a fundamental duty of our office and this agreement does so while preserving the dignity and improving the quality of life for some of our most vulnerable citizens.”
Upon the state’s successful completion of the agreement, the litigation is expected to come to an end. In 1991, the department released a findings letter pursuant to the Civil Rights for Institutionalized Persons Act (CRIPA) detailing conditions at ADC that violated residents’ constitutional rights. The following year the department brought suit to remedy those conditions. The court joined that suit with a separate suit brought by People First of Tennessee concerning ADC and the rights of people at risk of institutionalization at ADC. People First remains active in the case and also is a party to the agreement.
Civil Rights Division staff Jonathan Smith, chief; Shelley Jackson, deputy chief; and senior trial attorneys Jonas Geissler and Michelle Jones, worked on the case and the agreement.
For more information on the Justice Department’s Civil Rights Division, please visit www.justice.gov/crt. If you have any comments or concerns specific to this matter, please feel free to contact the division at1-877-218-5228.
# # #Justice Department Files Antitrust Lawsuit Against Bazaarvoice <br /> Inc. Regarding the Company’s Acquisition of PowerReviews Inc.Read the Press Release
WASHINGTON – The Department of Justice filed a civil antitrust lawsuit today against Bazaarvoice Inc. challenging the company’s June 2012 acquisition of PowerReviews Inc. The department said that the $168.2 million transaction substantially lessened competition in the market for product ratings and reviews platforms in the United States, resulting in higher prices and diminished innovation.
The department’s lawsuit, filed in the U.S. District Court in the Northern District of California, in San Francisco, seeks to restore the competition that was extinguished by the transaction.
Bazaarvoice’s acquisition of PowerReviews was not reported under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, which requires companies to notify and provide information to the department and the Federal Trade Commission before consummating certain acquisitions. The department began its investigation shortly after the transaction closed.
“Bazaarvoice bought PowerReviews knowing that it was acquiring its most significant rival and hoping to benefit from diminished price competition,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “Without competitive pressure from PowerReviews, Bazaarvoice will be able to increase prices to retailers and manufacturers for its product ratings and reviews platform. This lawsuit seeks to prevent one firm from dominating the product rating and review platforms market, and demonstrates that transactions that are not reported to us are not immune from scrutiny.”
Consumer-generated product ratings and reviews are a ubiquitous part of the online shopping experience and are displayed on retailers’ and manufacturers’ websites. This feature allows consumers to read feedback from authentic product owners before making a purchasing decision. This content is also a valuable asset for retailers and manufacturers because it can increase sales, decrease product returns and provide valuable structured, product-level data about consumer preferences and behavior. Retailers and manufacturers use product ratings and reviews platforms to collect, organize and display consumer-generated product ratings and reviews online.
According to the department’s complaint, Bazaarvoice is the dominant commercial supplier of product ratings and reviews platforms in the United States, and PowerReviews was its closest rival. Before the transaction, PowerReviews was an aggressive price competitor, and Bazaarvoice routinely responded to competitive pressure from PowerReviews. As a result of the competition between Bazaarvoice and PowerReviews, many retailers and manufacturers received substantial price discounts, the department said. As the complaint describes, Bazaarvoice sought to stem competition through the acquisition of PowerReviews. The complaint quotes internal company documents in which senior Bazaarvoice executives describe PowerReviews’s role in the market:
- One of the company’s co-founders noted that the acquisition of PowerReviews would “[e]liminat[e] [Bazaarvoice’s] primary competitor” and provide “relief from [] price erosion;”
- The company’s current chief executive officer wrote that Bazaarvoice had “literally, no other competitors” beyond PowerReviews; and
- The company’s former chief executive officer projected that, as a result of the transaction, Bazaarvoice would have “[n]o meaningful direct competitor.”
The department alleges that the acquisition of PowerReviews has given Bazaarvoice the incentive and ability to raise the price of its product ratings and reviews platform above a competitive level. As a result of the transaction, many customers have lost critical negotiating leverage and are vulnerable to anticompetitive price increases.
Bazaarvoice is a Delaware corporation with its principal place of business in Austin, Texas. In its 2012 fiscal year, Bazaarvoice had revenues of approximately $106 million.
Before the transaction, PowerReviews was a Delaware corporation with its principal place of business in San Francisco. In the 2011 calendar year, PowerReviews had revenues of approximately $11.5 million.
Justice Department Challenges Joint Contracting <br /> on Behalf of Oklahoma ChiropractorsRead the Press Release
WASHINGTON – The Department of Justice announced today that it has reached a settlement that will require the Oklahoma State Chiropractic Independent Physicians Association (OSCIPA) and its executive director to stop jointly determining prices and negotiating contracts with insurers on behalf of competing chiropractors in Oklahoma. The department said that the association and executive director negotiated at least seven contracts with insurers that set prices for chiropractic services on behalf of OSCIPA’s members, and that their conduct caused consumers to pay higher fees for chiropractic services in Oklahoma.The department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the Northern District of Oklahoma against OSCIPA and executive director, Larry M. Bridges. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the lawsuit.
“By jointly negotiating fees on behalf of competing chiropractors, the association and its executive director increased the prices that consumers paid for chiropractic services in Oklahoma,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “Today’s settlement promotes competition among Oklahoma chiropractors and prevents the association and its executive director from engaging in illegal conduct that caused consumers to pay more for their health care.”
According to the complaint, OSCIPA–which is comprised of approximately 45 percent of all practicing chiropractors in Oklahoma–and Bridges collectively negotiated the rates and price-related terms for at least seven contracts with insurers on behalf of OSCIPA’s members and required members to suspend their pre-existing contracts with those same insurers. The association and Bridges also required OSCIPA’s members to accept only reimbursements above a certain level and prohibited members from offering insurers incentives or rebates, such as by waiving deductibles. Except for members who were part of the same practice groups, OSCIPA’s members were not clinically or financially integrated, and the association’s and Bridges’ actions were not necessary to achieve any benefits for consumers.
The proposed settlement will prevent the association and Bridges from establishing prices or terms for chiropractic services and from negotiating with insurers on behalf of competing chiropractors. The proposed settlement also will prevent them from attempting to facilitate joint negotiations and from communicating with chiropractors about any aspect of pricing or contracting.
The Oklahoma State Chiropractic Independent Physicians Association is headquartered in Tulsa, Okla. Bridges has been employed by OSCIPA as its executive director since at least 1999.
The proposed settlement, along with the department’s competitive impact statement, will be published in the Federal Register as required by the Antitrust Procedures and Penalties Act. Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Peter J. Mucchetti, Chief, Litigation I Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 4100, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon finding that it serves the public interest.
Johnstown Felon Illegally Possessed PistolRead the Press Release
JOHNSTOWN, Pa. - A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of violating federal firearms laws, United States Attorney David J. Hickton announced today.
George A. Robinson, 22, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on May 10, 2011, Robinson possessed a Taurus PT111 Millennium Pro 9mm pistol. On August 27, 2009, Robinson was convicted in Cambria Co., Pa., of criminal attempt burglary, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms or ammunition.
Judge Gibson scheduled sentencing for June 10, 2013, at 10:30 a.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant U.S. Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Johnstown Police Department conducted the investigation that led to the prosecution of Robinson.
According to Mr. Hickton, Robinson is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
Jefferson County and Bullitt County Residents Guilty in Conspiracy to Distribute OxycodoneRead the Press Release
– Obtained illegal prescription pain pills from Florida “pill mills”
LOUISVILLE, Ky. – Two more defendants charged in a conspiracy to distribute oxycodone in Jefferson County and Bullitt County, Kentucky pleaded guilty in United States District Court this week announced David J. Hale, United States Attorney for the Western District of Kentucky. Teresa Sandlin, age 49, and Jerry Sandlin, age 43, both from Louisville, entered guilty pleas before U.S. District Judge John G. Heyburn II, on January 7, 2013.
According to information provided in multiple plea agreements, between January 2009 and February 2012 the ten defendants traveled to a minimum of one pain clinic in Florida and obtained prescriptions for oxycodone and/or oxycodone tablets and returned with the ill-gotten medications to the Western District of Kentucky where they distributed, individually, between 5.13 and 19.23 grams of the prescription pain medication.
"The illicit sale of prescription pain medications is one of the greatest health and safety threats to our families and our communities,” stated U.S. Attorney David J. Hale. “Fighting the scourge of illicit prescription drugs is a priority of my office, and I applaud the efforts of the Drug Enforcement Administration and our state and local partners for their efforts in pursuing Kentucky drug dealers and shutting down the source of their supply.”
All ten defendants were charged with a single count of conspiracy to distribute a controlled substance in a federal grand jury indictment returned on June 22, 2011. Between May 7, 2012 and January 7, 2012 all but one of the ten defendants has entered a guilty plea in U.S. District Court. Two defendants were charged in a second count with money laundering. Those charged along with Teresa Sandlin and Jerry Sandlin were Mark Wolfe, 30 of Louisville; Steven Breeding, 26 of Bullitt County; Whitney Summitt, 22 of Louisville; Crystal Summitt, 30 of Louisville; Robert Randolph, 34 of Louisville; Michael Johnston, 34 of Louisville; Bobbie Maddox, 50 of Louisville; and Tylena Randolph, 58 of Louisville. Randolph entered a not guilty plea and has a status conference scheduled in March before Judge Heyburn.
According to the investigation by Drug Enforcement Administration (DEA) agents working in Louisville and the Southern District of Florida, the prescriptions were obtained from so called pain clinics located in Broward and Palm Beach counties. In August, 2011 a grand jury charged 32 defendants, associated with these pain clinics, with operating “pill mills.” (USA v. George et al.) All but four of the defendants have entered guilty pleas and the clinics were closed.
Teresa Sandlin and Bobbie Maddox plead guilty to a separate charge of money laundering for conspiring to conduct an unlawful financial transaction between December, 2009 and January, 2010. According to the plea agreement, Sandlin and Maddox took approximately $75,000.00 in U.S. currency, which were proceeds from count one’s drug trafficking charge, from Louisville, Kentucky to Jeffersonville, Indiana and presented it as a partial payment at the closing for the purchase of property in Shepherdsville, located in Bullitt County, Kentucky. Sandlin and Maddox presented a fraudulent gift letter which stated that Glenn Dovak, alleged to be Maddox’s uncle, had given Maddox the $75,000.00 in U.S. currency as a gift. The fraudulent gift letter was dated as being signed on January 5, 2010, but death records show Dovak had died on February 22, 2007.
At sentencing the defendants face a maximum 20 year term in prison, a maximum fine of one million dollars and supervised release of at least three years and up to any number of years, including life. Maddox and Teresa Sandlin face an addition 20 year term in prison and an additional $500,000.00 dollar fine for count two of the federal indictment.
This case is being prosecuted by Assistant United States Attorney Laura Hall and is being investigated by the United States Drug Enforcement Administration (DEA).
###In Oregon's First Trial on Charges of Distribution of Heroin Resulting in Death, Defendant Found Guilty of Distributing Heroin that Resulted in the Death of a 17 Year Old Milwaukie High School StudentRead the Press Release
PORTLAND, Ore. - On January 10, 2013, U.S. District Judge Robert E. Jones found Aleksey Dzyuba, 43, of Milwaukie, Oregon, guilty of distributing heroin on March 31, 2011 to 17-year-old Toviy Sinyayev. After ingesting the heroin, Toviy lapsed into a coma and three days later died, shortly after being removed from life support at Doernbechers Childrens Hospital. The charges against Dzuyba were brought under a federal statute that enhances the penalty for drug distribution to a maximum sentence of life and a mandatory minimum sentence of 20 years, if the use of the drugs results in the death or serious physical injury of another person. Federal cases have been prosecuted under this statute in Oregon since 2004 resulting in approximately 30 convictions pursuant to guilty pleas. In addition to Dzyuba's case, approximately 25 defendants are currently pending heroin distribution-resulting-in-death charges in the District of Oregon under the same statute. The case of U.S. v. Dzyuba is the first heroin overdose case to go to trial in the District of Oregon.
The federal charges stem from an investigation led by local law enforcement agencies including the Milwaukie Police Department, the Clackamas County Inter-Agency Task Force with the assistance of the Clackamas County District Attorney's Office.
"While the defendant's conviction will never account for the tragic loss of this young life, it does bring us some sense of Justice" said U.S. Attorney Amanda Marshall. "Sadly, this is only one of a growing number of opiate overdoses in Oregon. The judgment of the court in this case should serve as a deterrent to other purveyors of this deadly drug. The message should be clear: if you are anywhere in the chain of supply of a drug that leads to death, you are responsible for that loss of life and you will be held to account."
Milwaukie Police Chief Bob Jordan said, "Today's finding of guilty against Aleksey Dzyuba sends the important message that criminals who traffic in heroin will be held accountable for the human tragedy they cause. This case embodies the level of federal-local cooperation needed to bring these criminals to justice."
The case is being prosecuted by Assistant U.S. Attorney Kathleen Bickers and Special Assistant United States Attorney Steve Mygrant.
Georgia Men Plead Guilty to Bribing Official to Secure Government ContractsRead the Press Release
WASHINGTON – Two men employed by a machine products vendor in Albany, Ga., have pleaded guilty to bribing a public official working for a military organization at the Marine Corps Logistics Base Albany (MCLB-Albany) to secure contracts for machine products, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.
Thomas J. Cole Jr., 43, and Fredrick W. Simon, 55, both of Albany, each pleaded guilty before U.S. District Judge W. Louis Sands in the Middle District of Georgia to one count of bribery of a public official.
During their guilty pleas, Cole, the general manager of an Albany-based machine products vendor, and Simon, an employee responsible for processing sales orders, admitted to participating in a scheme to secure sales order contracts from the Maintenance Center Albany (MCA) at MCLB-Albany by subverting a competitive bid process. The MCA is responsible for rebuilding and repairing ground combat and combat support equipment, much of which has been utilized in military missions in Afghanistan and Iraq, as well as other parts of the world. To accomplish the scheme, Cole and Simon bribed a MCA purchase tech responsible for placing machine product orders. Cole and Simon admitted to participating in the scheme at the purchase tech’s suggestion, after Simon had spoken with the purchase tech about how his company could obtain business from the MCA. Cole and Simon admitted that, at the purchase tech’s request, they paid the purchase tech a bribe of at least $75 for each of the more than 1,000 sales orders MCA placed with their company. According to court documents, the purchase tech would transmit sales bids to Simon and then communicate privately to him exactly how much money the company should bid for each particular order. Cole and Simon admitted that these orders were extremely profitable, often times exceeding the fair market value of the machine products, sometimes by as much as 1,000 percent.
Cole and Simon further admitted that, at the purchase tech’s urging, in 2011 they began routing some orders through a second company, owned by Cole, because the volume of orders MCA placed with the first company was so high. They also admitted that the purchase tech increased the bribe required for orders as the scheme progressed. Cole and Simon admitted to paying the purchase tech approximately $161,000 in bribes during the nearly two-year scheme. Cole admitted to personally receiving approximately $209,000 in proceeds from the scheme; Simon admitted to personally receiving approximately $74,500. Both admitted that the total loss to the Department of Defense from overcharges associated with the machine product orders placed during the scheme was approximately $907,000.
At sentencing, Cole and Simon each face a maximum penalty of 15 years in prison and a fine of not more than twice the pecuniary loss to the government. As part of their plea agreements with the United States, Cole and Simon both agreed to forfeit the proceeds they received from the scheme, as well as to pay full restitution to the Department of Defense. Sentencing has not yet been scheduled.
The case is being prosecuted by Trial Attorneys Richard B. Evans and J.P. Cooney of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney K. Alan Dasher of the Middle District of Georgia. The case is being investigated by the Naval Criminal Investigative Service, with assistance from the Dougherty County District Attorney’s Office Economic Crime Unit and the Defense Criminal Investigative Service.
Georgia Men Plead Guilty to Bribing Official to Secure Government ContractsRead the Press Release
WASHINGTON – Two men employed by a machine products vendor in Albany, Ga., have pleaded guilty to bribing a public official working for a military organization at the Marine Corps Logistics Base Albany (MCLB-Albany) to secure contracts for machine products, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.
Thomas J. Cole Jr., 43, and Fredrick W. Simon, 55, both of Albany, each pleaded guilty before U.S. District Judge W. Louis Sands in the Middle District of Georgia to one count of bribery of a public official.
During their guilty pleas, Cole, the general manager of an Albany-based machine products vendor, and Simon, an employee responsible for processing sales orders, admitted to participating in a scheme to secure sales order contracts from the Maintenance Center Albany (MCA) at MCLB-Albany by subverting a competitive bid process. The MCA is responsible for rebuilding and repairing ground combat and combat support equipment, much of which has been utilized in military missions in Afghanistan and Iraq, as well as other parts of the world. To accomplish the scheme, Cole and Simon bribed a MCA purchase tech responsible for placing machine product orders. Cole and Simon admitted to participating in the scheme at the purchase tech’s suggestion, after Simon had spoken with the purchase tech about how his company could obtain business from the MCA. Cole and Simon admitted that, at the purchase tech’s request, they paid the purchase tech a bribe of at least $75 for each of the more than 1,000 sales orders MCA placed with their company. According to court documents, the purchase tech would transmit sales bids to Simon and then communicate privately to him exactly how much money the company should bid for each particular order. Cole and Simon admitted that these orders were extremely profitable, often times exceeding the fair market value of the machine products, sometimes by as much as 1,000 percent.
Cole and Simon further admitted that, at the purchase tech’s urging, in 2011 they began routing some orders through a second company, owned by Cole, because the volume of orders MCA placed with the first company was so high. They also admitted that the purchase tech increased the bribe required for orders as the scheme progressed. Cole and Simon admitted to paying the purchase tech approximately $161,000 in bribes during the nearly two-year scheme. Cole admitted to personally receiving approximately $209,000 in proceeds from the scheme; Simon admitted to personally receiving approximately $74,500. Both admitted that the total loss to the Department of Defense from overcharges associated with the machine product orders placed during the scheme was approximately $907,000.
At sentencing, Cole and Simon each face a maximum penalty of 15 years in prison and a fine of not more than twice the pecuniary loss to the government. As part of their plea agreements with the United States, Cole and Simon both agreed to forfeit the proceeds they received from the scheme, as well as to pay full restitution to the Department of Defense. Sentencing has not yet been scheduled.
The case is being prosecuted by Trial Attorneys Richard B. Evans and J.P. Cooney of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney K. Alan Dasher of the Middle District of Georgia. The case is being investigated by the Naval Criminal Investigative Service, with assistance from the Dougherty County District Attorney’s Office Economic Crime Unit and the Defense Criminal Investigative Service.
Gene Kristy Guardipee Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 9, 2013, before U.S. District Judge Dana L. Christensen, GENE KRISTY GUARDIPEE, JR., a 35-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, appeared for sentencing. GUARDIPEE was sentenced to a term of:
- Prison: 87 months
- Special Assessment: $300.00
- Supervised Release: 5 years
GUARDIPEE was sentenced in connection with his guilty plea to sexual abuse of a minor, receipt of child pornography, and possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
GUARDIPEE met the victim when she was 9-years-old. The victim introduced herself to many within GUARDIPEE's family and, while GUARDIPEE was present, stated that she was 9-years-old.
Approximately three years later, the victim kissed GUARDIPEE. The victim was 12-years-old at the time. Then, on the victim's thirteenth birthday, GUARDIPEE had sex with her. The victim explained that she remembered the day because it was both her birthday and a special day for her. This relationship continued for the next year. The victim stated that she had sex with GUARDIPEE many times over a one-year period. All of the sex occurred in Browning, which is on the Blackfeet Indian Reservation. During the sexual relationship, GUARDIPEE was 34 and 35-years-old.
The victim also disclosed that she sent naked pictures of herself to GUARDIPEE. A search warrant was subsequently obtained for GUARDIPEE's cell phone, which law enforcement found on GUARDIPEE when they arrested him. Pictures of the victim, and other minors, were found on GUARDIPEE's cell phone. These pictures were nude pictures, and many of them focused on the vaginal area of the minors. These pictures constituted and contained child pornography. All of the child pornography was received and saved on GUARDIPEE's phone. The photos had been received by GUARDIPEE between November of 2011 and March of 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GUARDIPEE will likely serve all of the time imposed by the court. In the federal system, GUARDIPEE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Four Defendants Indicted for Committing A Home Invasion Robbery Dressed as Police OfficersRead the Press Release
SAN FRANCISCO – Four Northern California residents were charged by a federal grand jury in San Francisco with robbery affecting interstate commerce, conspiracy to commit robbery affecting interstate commerce, possession of a firearm in furtherance of the robbery, conspiracy to possess with the intent to distribute marijuana, impersonating an officer and making a search or arrest while impersonating an officer, United States Attorney Melinda Haag announced.
Michael Puckett, 45, of Petaluma, Calif., made his initial appearance in federal court this morning and has been detained. He is next scheduled to appear in court tomorrow for identification of counsel. Terry Jacksen, 46, also of Petaluma, Eric Mendonca, 43, of Lake County, Calif., and Jack Pollack, 54 of Lake County, made their initial appearances yesterday. Mendonca was released on a $50,000 bond. Jacksen and Pollack remain in custody.
According to the indictment and criminal complaint, the defendants conspired to commit a home invasion robbery in Lake County, Calif., on Oct. 4, 2012. On that date, Pollack cased a residence before Jacksen, dressed up as a Lake County Sheriff’s Office Deputy carrying a holstered revolver and wearing a white cowboy hat, knocked on the door and informed the occupants that he was working with the Bureau of Alcohol, Tobacco, Firearms and Explosives and was there to conduct a search. Jacksen then handcuffed and zip-tied the occupants before searching the house and stealing 48 marijuana plants. The complaint alleges that Eric Mendonca, a former Petaluma Police Officer and Lake County Sheriff’s Office Deputy, provided Jacksen with the police uniforms. During a search of Mendonca and Jacksen’s property on Dec. 19, 2012, law-enforcement authorities located a holstered revolver, a set of Lake County Sheriff’s Office handcuffs, a white cowboy hat, various firearms and a cellular telephone containing images of Jacksen and Puckett posing in Lake County Sheriff’s Office uniforms with firearms hours before the robbery. A search of Pollack’s residence uncovered approximately twenty pounds of marijuana.
The charges and the possible prison sentence each defendant faces are as follows:
Jacksen
- One count of conspiracy to commit robbery affecting interstate commerce: 20 years for each count
- One count of robbery affecting interstate commerce: 20 years
- One count of possession of a firearm in furtherance of robbery: Life, with a mandatory consecutive minimum term of five years
- One count of conspiracy to distribute or possess with the intent to distribute marijuana: five years
- One count of impersonating an officer: three years
- One count of making a search while impersonating an officer: three years
- One count of felon in possession of a firearm: 10 years
Mendonca
- One count of conspiracy to commit robbery affecting interstate commerce: 20 years for each count
- One count of robbery affecting interstate commerce: 20 years
- One count of possession of a firearm in furtherance of robbery: Life, with a mandatory consecutive minimum term of imprisonment of five years
- One count of conspiracy to distribute or possess with the intent to distribute marijuana: five years
- One count of impersonating an officer: three years
- One count of making a search while impersonating an officer: three years
Pollack
- One count of conspiracy to commit robbery affecting interstate commerce: 20 years for each count
- One count of robbery affecting interstate commerce: 20 years
- One count of possession of a firearm in furtherance of robbery: Life, with a mandatory consecutive minimum term of imprisonment of five years
- One count of conspiracy to distribute or possess with the intent to distribute marijuana: five years
- One count of impersonating an officer: three years
- One count of making a search while impersonating an officer: three years
- One count of felon in possession of a firearm: 10 years
- One count of possession with the intent to distribute methamphetamine: 40 years, with a five year mandatory minimum
- One count of possession with the intent to distribute marijuana: five years
Puckett
- One count of conspiracy to commit robbery affecting interstate commerce: 20 years for each count
- One count of robbery affecting interstate commerce: 20 years
- One count of possession of a firearm in furtherance of robbery: Life, with a mandatory consecutive minimum term of imprisonment of five years
- One count of conspiracy to distribute or possess with the intent to distribute marijuana: five years
- One count of impersonating an officer: three years
- One count of making a search while impersonating an officer: three years
Each of the defendants pled not guilty to the charges. They are scheduled to appear in federal court in San Francisco at 2 p.m. on Jan. 22, 2012 before United States District Court Judge William Alsup.
Assistant United States Attorney Randy Luskey is prosecuting the case with the assistance of Daniel Charlier-Smith. The prosecution is the result of a joint investigation by the Lake County Sheriff’s Office and the Federal Bureau of Investigation’s Santa Rosa Resident Agency.
Please note, an indictment contains only allegations against an individual and, as with all defendants, those named herein must be presumed innocent unless and until proven guilty.
(Terry Jacksen et al indictment )