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6 February 2013
Former Chief of St. Clair Fire Protection District and Ladue Fire Department Pleads Guilty to Federal Fraud and Tax ChargesRead the Press Release
St. Louis, MO - Eric Hinson pled guilty to mail fraud and multiple tax evasion charges involving his misuse of approximately $593,236 of St. Clair Fire Protection District funds between January 2006 and September 2011. As a result of the federal investigation, Hinson resigned his positions as Chief at both the St. Clair Fire Protection District and the Ladue Fire Department.
The St. Clair Fire Protection District (District) provides fire protection service for Franklin County, Missouri, and has four fire houses, 18 full-time fire fighters and between 25-50 volunteer fire fighters. The District is primarily funded by public funds, through real estate tax, personal property tax and sales tax. Eric Hinson began with the District as a volunteer firefighter during 1985, was elected to the Board of Directors for the District in 1997 and as Treasurer of the District in 1999. During January, 2011, he became the Fire Chief for the District while continuing to perform his duties as Treasurer until his resignation from the District on September 28, 2011. As Treasurer, Hinson was responsible for preparing the annual budgets, facilitating the annual financial statement audit, gaining approval from the District's Board of Directors for expenditures, reconciling bank statements and performing other accounting related activities, in the QuickBooks general ledger system, other than for payroll. He also had the ability to access the QuickBooks system remotely from outside the District offices.
According to court documents, Hinson used the District credit cards to pay for family vacations to Hawaii and Florida, to pay for personal items such as sporting goods and other items, limousine rentals, tickets to Six Flags, Big Surf Water Park and other entertainment expenses, restaurant meals, gasoline and hotel rooms, as well as to obtain significant cash advances. Without the knowledge and authority of the District, Hinson directed that these personal credit card charges be paid with District funds. Further, on several occasions, Hinson wrote District checks to pay for his own personal expenses, including checks to Ford Credit for a pickup truck, to Macy's for furniture, to John Deere Credit for tractor parts and checks to Bank of America and Fifth Third Bank for other personal expenses. In order to conceal his scheme, Hinson accessed the District's QuickBooks to alter reported general ledger activity by backdating certain of his fraudulent transactions and by changing the payee in order to manipulate the District's accounting records so as to hide the existence of his fraudulent transactions. Through his fraudulent conduct, Hinson obtained approximately $593,236 from the St. Clair Fire Protection District.
Additionally, Hinson filed false tax returns for the years 2006 through 2010, leaving total additional taxes due of $132,383.ERIC HINSON, St. Clair, MO, pled guilty to one felony count of mail fraud and five felony counts of tax evasion, before United States District Judge E. Richard Webber. Sentencing has been set for May 2, 2013.
Mail fraud carries a maximum penalty of 20 years and a fine of up to $250,000; each count of tax evasion carries a maximum penalty of 5 years and a fine of up to $100,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the St. Clair Police Department, Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigation. Assistant United States Attorney Hal Goldsmith is handling the case for the U.S. Attorney's Office.Former Attorney Sentenced for $900,000 Mail Fraud Against Clients and Trust BeneficiariesRead the Press Release
Ken Hoesch also sentenced for federal tax offense.GRAND RAPIDS, MICHIGAN – Kenneth Hoesch, age 59, formerly an attorney in Zeeland, Michigan, was sentenced to 78 months imprisonment and 3 years of supervised release for his embezzlement from trusts and trust accounts he controlled as an attorney on behalf of clients as well as his failure to report this ill-gotten income on his taxes, U.S. Attorney Patrick Miles announced today. In addition, United States District Judge Robert Jonker also ordered Hoesch to pay a special assessment of $200.00. Additionally, he was ordered to pay restitution to his victims in the amount of $1,295,518.19 and restitution to the Internal Revenue Service in the amount of $211,654.00.
“Kenneth Hoesch was an attorney who stole from his clients and preyed on seniors. His prosecution and sentence show justice will be served on those who do so whether that person uses a gun and a mask or a pen and a legal pad. Both harm society.” Miles stated.
U.S. Attorney Patrick Miles was joined in the announcement by Special Agent in Charge Erick Martinez, Internal Revenue Service (IRS) Criminal Investigation Division. “Kenneth Hoesch’s sentence today is evidence that no one is above the law. Hoesch violated the trust of vulnerable victims and now he will pay the price for that crime,” said Special Agent in Charge Erick Martinez.
In July of 2012, Hoesch pled guilty to one count of mail fraud and one count of filing a false tax return. According to court records, during 2006 through 2010 tax years, Hoesch worked as an attorney specializing in trusts and estate law. During this time period, Hoesch stole over $800,000 from his clients and trust beneficiaries and purposely falsified his federal income tax return when reporting his income. Of the $800,000 Hoesch stole, over $300,000 was embezzled directly from trust accounts intended for beneficiaries such as the American Cancer Society. His victim clients include the elderly and even the deceased. The remaining amount of over $600,000 was stolen through an Interest on Lawyers Trust Account (IOLTA) controlled by Hoesch. IOLTAs are a standard type of account where, for example, monies to be directed to clients or beneficiaries are held pending disbursement. Because he did not report to the IRS the income that he stole from his clients and beneficiaries, Hoesch knew his tax return was not correct. In sum, Hoesch failed to pay over $200,000 in tax due and owing to the IRS. Hoesch’s former law partners had no knowledge or involvement in the criminal activity.
This case was jointly investigated by the Ottawa County Sheriff’s Department, the U.S. Secret Service, the U.S. Postal Inspection Service and the Criminal Investigation Division of the IRS. Assistant U.S. Attorney Michael MacDonald prosecuted the case. U.S. Attorney Miles praised the cooperation among local and federal law enforcement agencies by stating, “By working together we served justice and prevented further harm.”.
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Florida Man Sentenced in False Identification Documents CaseRead the Press Release
BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Daniel Jimenez, 25, of Fort Meyers, Florida, was sentenced to time served (eight months) by Chief U.S. District Court Judge William M. Skretny for assisting his father, German Jimenez, with providing false identification documents to illegal aliens.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that German Jimenez sold fake green cards (permanent resident cards), social security cards and driver's licenses to illegal immigrants. Daniel Jimenez assisted his father with mailing out those documents.
The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent In Charge.
Sentencing for German Jimenez is scheduled for February 15, 2013, at 9:00 a.m. before Judge Skretny.
Five Individuals and Five Corporations Charged in New York for Importing and Selling Hazardous and Counterfeit ToysRead the Press Release
Five individuals and five corporations have been charged in an indictment unsealed today in Brooklyn, N.Y., for allegedly importing hazardous and counterfeit toys from China for sale in the United States, announced Assistant Attorney General Lanny Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of New York Loretta E. Lynch; Special Agent in Charge of Homeland Security Investigations (HSI) in New York James T. Hayes Jr.; Robert E. Perez, New York Field Operations Director of Customs and Border Protection (CBP); Chairman Inez Tenenbaum of the Consumer Product Safety Commission (CPSC); and Commissioner Raymond W. Kelly of the New York City Police Department (NYPD).
The 24-count indictment charges Chenglan Hu, 51, Hua Fei Zhang, 52, and Xiu Lan Zhang, 60, all Chinese nationals and residents of Queens, N.Y., and Guan Jun Zhang, 29, and Jun Wu Zhang, 28, both naturalized citizens and Queens residents, along with their closely held companies Family Product USA Inc., H.M. Import USA Corp., ZCY Trading Corp., Zone Import Corp. and ZY Wholesale Inc., with importing and trafficking hazardous toys in violation of the Consumer Product Safety Act (CPSA) and toys bearing copyright-infringing images and counterfeit trademarks, smuggling, money laundering and structuring.
“The defendants are accused of importing and selling toys that posed significant health hazards to children or were the product of blatant intellectual property theft,” said Assistant Attorney General Breuer. “They allegedly retooled their operations many times in order to avoid detection, and despite repeated citations by the authorities, they continued to peddle counterfeit toys featuring Dora the Explorer, SpongeBob SquarePants and other popular children’s characters. Today’s actions reflect a Justice Department focused on ensuring that consumers receive safe and legitimate goods.”
“For years, the defendants sought to enrich themselves by importing and selling dangerous and counterfeit children’s toys without regard for the law or the health of our children,” said U.S. Attorney Lynch. “Profits from the counterfeit items, as well as toys riddled with lead and choking hazards, went to provide the defendants with luxury cars. We stand committed to protecting the residents of our communities from those who would engage in such conduct.”
The five individual defendants were arrested this morning, and a federal task force comprising HSI agents, other federal agents and NYPD officers, aided by CBP officers and CPSC investigators, executed four search warrants and nine seizure warrants. The agents, officers and investigators searched the defendants’ warehouse, two residences and an email account. In addition, three luxury vehicles, including a Porsche and Lexus, three personal bank accounts and three corporate accounts were seized. The agents also filed lis pendens on two of the defendants’ properties in Queens, N.Y. The defendants’ initial appearances are scheduled this afternoon before U.S. Magistrate Judge Ramon E. Reyes Jr. in the Eastern District of New York.
The indictment charges that from July 2005 through January 2013 the individual defendants used their companies, the corporate defendants, to import toys from China that they sold, both wholesale and retail, from a storefront and warehouse in Ridgewood, N.Y., and other locations in Brooklyn and Queens.According to the indictment, the defendants’ companies had children’s toys seized by CBP from shipping containers entering the United States from China on 33 separate occasions. Seventeen of the 33 seizures were of violative toys – toys prohibited from import into and distribution in the United States, under laws and regulations enforced by the CPSC, because of excessive lead content, excessive phthalate levels, small parts that presented choking, aspiration or ingestion hazards, and easily accessible battery compartments. Sixteen of the 33 seizures were of toys bearing copyright-infringing images and counterfeit trademarks, including knockoff versions of toys featuring a wide variety of popular children’s characters, such as Winnie the Pooh, Dora the Explorer, SpongeBob SquarePants, Betty Boop, Teenage Mutant Ninja Turtles, Power Rangers, Spiderman, Tweety, Mickey Mouse, Pokémon, as well as those from movies, such as the “Cars,” “Toy Story” and “High School Musical.”
The indictment charges that following each of the 33 seizures, the violator toy company was served written notice by CBP detailing the reason for the seizure, and a representative of the company signed a release form acknowledging the seizure and abandoning the seized goods. Additionally, the violator company and its principal were served written notice by CPSC of the specific safety violations of the toys, and each time a representative of the company signed a release form acknowledging the seizure and abandoning the seized goods.
Due to the number and volume of the seizures, the individual defendants allegedly shifted their use of the companies and alternated formal roles, in order to continue importing and distributing violative and infringing toys. Each time the number of seizures accumulated for one company, the individual defendants allegedly formed a new toy company to continue importing the violative and infringing toys.
“The people and companies involved in this illegal trade not only allegedly infringed on intellectual property rights, they placed the lives of innocent children in danger,” said HSI Special Agent in Charge Hayes. “They allegedly sold toys with high lead content and cheap knock offs with substandard parts that break easily and pose a choking hazard. HSI is firm on using its unique customs expertise and law enforcement partnerships to put an end to the importation and sale of dangerous goods.”
“Customs and Border Protection is on the forefront of intercepting unsafe, counterfeit products,” said CBP New York Field Operations Director Perez. “We are proud to have done our part preventing these dangerous toys from getting in the hands of our children.”
“Today’s action highlights the unprecedented level of cooperation and coordination among federal regulatory and law enforcement partners to keep U.S. consumers safe,” said CPSC Chairman Tenenbaum. “The United States has some of the strongest toy standards and lowest lead limits in the world, and CPSC is committed to enforcing these child safety requirements at the ports and in the marketplace.”
“When it comes to trademark infringement, don’t mess with Mickey or other American icons,” said NYPD Commissioner Kelly.
In the indictment, the government is seeking forfeiture of the seized vehicles and bank accounts and the restrained properties, in addition to a money judgment to be determined at trial.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
The case is being prosecuted by Trial Attorney Evan Williams of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Claire Kedeshian and William Campos of the Eastern District of New York. This case was jointly investigated by the HSI Intellectual Property Rights Group and the NYPD, through its participation in the New York Border Enforcement Security Taskforce, with the assistance of CPSC and CBP.
The enforcement action announced today is one of many efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation, and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state, and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders. To learn more about the IP Task Force, go to www.justice.gov/dag/iptaskforce/.
Five Individuals and Five Corporations Charged in New York for Importing and Selling Hazardous and Counterfeit ToysRead the Press Release
Five individuals and five corporations have been charged in an indictment unsealed today in Brooklyn federal court for allegedly importing hazardous and counterfeit toys from China for sale in the United States, announced Assistant Attorney General Lanny Breuer of the Justice Department's Criminal Division; U.S. Attorney for the Eastern District of New York Loretta E. Lynch; Special Agent in Charge of Homeland Security Investigations (HSI) in New York James T. Hayes Jr.; Robert E. Perez, New York Field Operations Director of Customs and Border Protection (CBP); Chairman Inez Tenenbaum of the Consumer Product Safety Commission (CPSC); and Commissioner Raymond W. Kelly of the New York City Police Department (NYPD).
The 24-count indictment charges Chenglan Hu, 51, Hua Fei Zhang, 52, and Xiu Lan Zhang, 60, all Chinese nationals and residents of Queens, N.Y., and Guan Jun Zhang, 29, and Jun Wu Zhang, 28, both naturalized citizens and Queens residents, along with their closely held companies Family Product USA Inc., H.M. Import USA Corp., ZCY Trading Corp., Zone Import Corp. and ZY Wholesale Inc., with importing and trafficking hazardous toys in violation of the Consumer Product Safety Act (CPSA) and toys bearing copyright-infringing images and counterfeit trademarks, smuggling, money laundering and structuring.
“The defendants are accused of importing and selling toys that posed significant health hazards to children or were the product of blatant intellectual property theft,” said Assistant Attorney General Breuer. “They allegedly retooled their operations many times in order to avoid detection, and despite repeated citations by the authorities, they continued to peddle counterfeit toys featuring Dora the Explorer, SpongeBob SquarePants and other popular children's characters. Today’s actions reflect a Justice Department focused on ensuring that consumers receive safe and legitimate goods.”
“For years, the defendants sought to enrich themselves by importing and selling dangerous and counterfeit children’s toys without regard for the law or the health of our children,” said U.S. Attorney Lynch. “Profits from the counterfeit items, as well as toys riddled with lead and choking hazards, went to provide the defendants with luxury cars. We stand committed to protecting the residents of our communities from those who would engage in such conduct.”
The five individual defendants were arrested this morning, and a federal task force comprising HSI agents, other federal agents and NYPD officers, aided by CBP officers and CPSC investigators, executed four search warrants and nine seizure warrants. The agents, officers and investigators searched the defendants’ warehouse, two residences and an email account. In addition, three luxury vehicles, including a Porsche and Lexus, three personal bank accounts and three corporate accounts were seized. The agents also filed lis pendens on two of the defendants' properties in Queens, N.Y. The defendants’ initial appearances are scheduled this afternoon before U.S. Magistrate Judge Ramon E. Reyes Jr.
The indictment charges that from July 2005 through January 2013 the individual defendants used their companies, the corporate defendants, to import toys from China that they sold, both wholesale and retail, from a storefront and warehouse in Ridgewood, N.Y., and other locations in Brooklyn and Queens.
According to the indictment, the defendants’ companies had children’s toys seized by CBP from shipping containers entering the United States from China on 33 separate occasions. Seventeen of the 33 seizures were of violative toys - toys prohibited from import into and distribution in the United States, under laws and regulations enforced by the CPSC, because of excessive lead content, excessive phthalate levels, small parts that presented choking, aspiration or ingestion hazards, and easily accessible battery compartments. Sixteen of the 33 seizures were of toys bearing copyright-infringing images and counterfeit trademarks, including knockoff versions of toys featuring a wide variety of popular children’s characters, such as Winnie the Pooh, Dora the Explorer, SpongeBob SquarePants, Betty Boop, Teenage Mutant Ninja Turtles, Power Rangers, Spiderman, Tweety, Mickey Mouse, Pokémon, as well as those from movies, such as the “Cars,” “Toy Story” and “High School Musical.”
The indictment charges that following each of the 33 seizures, the violator toy company was served written notice by CBP detailing the reason for the seizure, and a representative of the company signed a release form acknowledging the seizure and abandoning the seized goods. Additionally, the violator company and its principal were served written notice by CPSC of the specific safety violations of the toys, and each time a representative of the company signed a release form acknowledging the seizure and abandoning the seized goods.
Due to the number and volume of the seizures, the individual defendants allegedly shifted their use of the companies and alternated formal roles, in order to continue importing and distributing violative and infringing toys. Each time the number of seizures accumulated for one company, the individual defendants allegedly formed a new toy company to continue importing the violative and infringing toys.
“The people and companies involved in this illegal trade not only allegedly infringed on intellectual property rights, they placed the lives of innocent children in danger,” said HSI Special Agent in Charge Hayes. “They allegedly sold toys with high lead content and cheap knock offs with substandard parts that break easily and pose a choking hazard. HSI is firm on using its unique customs expertise and law enforcement partnerships to put an end to the importation and sale of dangerous goods.”
“Customs and Border Protection is on the forefront of intercepting unsafe, counterfeit products,” said CBP New York Field Operations Director Perez. “We are proud to have done our part preventing these dangerous toys from getting in the hands of our children.”
“Today’s action highlights the unprecedented level of cooperation and coordination among federal regulatory and law enforcement partners to keep U.S. consumers safe,” said CPSC Chairman Tenenbaum. “The United States has some of the strongest toy standards and lowest lead limits in the world, and CPSC is committed to enforcing these child safety requirements at the ports and in the marketplace.”
“When it comes to trademark infringement, don’t mess with Mickey or other American icons,” said NYPD Commissioner Kelly.
In the indictment, the government is seeking forfeiture of the seized vehicles and bank accounts and the restrained properties, in addition to a money judgment to be determined at trial.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
The case is being prosecuted by Trial Attorney Evan Williams of the Criminal Division's Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Claire Kedeshian and William Campos of the Eastern District of New York. This case was jointly investigated by the HSI Intellectual Property Rights Group and the NYPD, through its participation in the New York Border Enforcement Security Taskforce, with the assistance of CPSC and CBP.
The enforcement action announced today is one of many efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation, and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state, and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders. To learn more about the IP Task Force, go to www.justice.gov/dag/iptaskforce/.
Firearms Charges Filed Against Three MenRead the Press Release
Three men were indicted on federal firearms charges, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Joshua Burgess, age 21, of Niles, Ohio, was charged with one count of being a felon in possession of a firearm and ammunition.
The indictment charges that on or about October 28, 2012, Burgess possessed a Rossi, .22 caliber revolver and ammunition, after he had been previously convicted of burglary in the Trumbull County, Ohio, Court of Common Pleas.
Donte Butcher, age 24, of Ravenna, Ohio, was charged with being a felon in possession of firearms and ammunition.
The indictment charges that on or about June 12, 2012, Butcher possessed a Cobra Enterprises, model FS380, .380 caliber semi-automatic pistol, a Glock, model 23, .40 caliber semi-automatic pistol, and ammunition, after he had been previously convicted of felonious assault in the Portage County, Ohio, Court of Common Pleas.
Harold Travis, age 44, of Warren, Ohio, was charged with one count each of being a felon in possession of firearms and ammunition and possession with the intent to distribute heroin.
The indictment charges that on or about June 18, 2012, Travis possessed a Glock, Model 19, 9mm pistol, a Remington, Model 870, 12 gauge shotgun, four rounds of Remington 9mm ammunition; five rounds of Winchester 9mm ammunition; two rounds of Remington 12 gauge ammunition and two rounds of Winchester 12 gauge ammunition. This came after he had been previously convicted of robbery and possession with intent to distribute cocaine in the Michigan Third Judicial Circuit Court, and with being a felon in possession of a firearm, in the U.S. District Court, Northern District of Ohio.
The indictment further charges that on or about June 18, 2012, Travis possessed with the intent to distribute approximately 14.9 grams of heroin.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigations preceding the indictments were conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives - Youngstown Field Office, the Austintown Police Department, the Ravenna Police Department and the United States Marshal Service’s Violent Fugitive Task Force. The matters are being prosecuted by Assistant United States Attorney David M. Toepfer.
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.
Federal Law Enforcement Officer Pleads Guilty to Receiving Gratuities from Jamaican Musician and Making False StatementsRead the Press Release
ALEXANDRIA, Va. – David J. Rainsberger, 32, a law enforcement officer with the State Department’s Diplomatic Security Service, pleaded guilty today to receiving unlawful gratuities while stationed at the U.S. embassy in Kingston, Jamaica, and making false statements to the United States government on a national security questionnaire required to maintain his security clearance.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and Gregory B. Starr, Director of the Diplomatic Security Service for the U.S. Department of State, made the announcement after the plea was accepted by United States District Judge Gerald Bruce Lee.
Rainsberger faces a maximum penalty of two years in prison on the gratuities charge and five years in prison on the false statements charge when he is sentenced on April 19, 2013.
According to court records, Rainsberger served as an assistant regional security officer for investigations at the U.S. embassy in Kingston, Jamaica, from 2009 to 2011. While there, Rainsberger befriended a well-known Jamaican musician whose entry to the U.S. had been barred because of allegations of criminal conduct. Rainsberger’s investigation of this individual resulted in the reinstatement of his visa, which allowed the individual to travel to the U.S. to take advantage of performance and recording opportunities. On account of the assistance Rainsberger provided him with respect to his U.S. visa, the musician purchased for Rainsberger two luxury watches worth approximately $2,500. In addition, Rainsberger received free admission to nightclubs, backstage access to concerts, and a birthday party hosted by the musician.
At the same time, Rainsberger, who was already married, became engaged to a Jamaican national and intentionally withheld disclosure of the relationship from the U.S. government on Office of Personnel Management Standard Form 86, a national security questionnaire that requires disclosure of close and continuing contact with foreign nationals. Rainsberger also repeatedly accessed, without authority, Department of State visa and passport databases for personal purposes.
This case was investigated by the Diplomatic Security Service. Assistant United States Attorneys Paul J. Nathanson and G. Zachary Terwilliger are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Federal Grand Jury Indicts Former Police Officer on Drug ChargesRead the Press Release
In Midland today, a federal grand jury returned an indictment charging 38-year-old former Odessa Police officer Jackie Lynn Thompson and five other Odessa, Texas, residents in connection with a methamphetamine distribution conspiracy announced United States Attorney Robert Pitman, Drug Enforcement Administration Special Agent in Charge Joseph D. Arabit, El Paso Division, Federal Bureau of Investigation Special Agent in Charge Mark Morgan, El Paso Division and Midland Police Chief Price Robinson.
The indictment charges Thompson, as well as 36–year-old Jesse Ubaldo Rodriguez, 24-year-old Isai Ramirez, 45-year-old Jaime Yrvegas Castillo, 26-year-old Douglas James Lewis and 48–year-old Ernest Lee McCarty, with one count of conspiracy to possess with intent to distribute methamphetamine. Upon conviction, each defendant faces a mandatory ten years up to life in federal prison.
The indictment alleges that from January 2012 until January 2013, the six defendants conspired to distribute more than 500 grams of methamphetamine. All of the defendants are in federal custody.
This indictment resulted from an investigation by the Drug Enforcement Administration, the Midland Police Department, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), and Texas Department of Public Safety in Midland. Assistant United States Attorney Brandi Young is prosecuting this case on behalf of the Government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Eagle Butte Man Pleads Guilty to Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Isiah Mesteth, age 22, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 5, 2013 and pled guilty to Count III of the Indictment that charged him with Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release and an additional 2 years of supervised release upon revocation.
The charge stems from an incident on October 4, 2011 where Mesteth and his significant other argued. Mesteth hit his significant other in the face and head several times, causing her nose and lips to bleed, as well as bruising and swelling to her face and arms resulting in extreme physical pain and serious bodily injury.
The investigation was conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Mesteth was remanded to the custody of the U.S. Marshal pending sentencing. A sentencing date has been set for April 29, 2013.
District Man Indicted for Second-Degree Murder and Other Charges in Killing of His Cousin-Victim Died of Head Injuries Suffered in Attack-Read the Press Release
WASHINGTON – Arvel Wills, 23, of Washington, D.C., was indicted today on murder and related charges in the killing of his cousin, Dwayne Wills, last year in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
A grand jury returned the indictment in the Superior Court of the District of Columbia, charging Wills with second-degree murder, obstruction of justice, unlawful possession of a firearm and related weapons offenses. He is to be arraigned on March 7, 2013 before the Honorable Ronna L. Beck. A trial date has been scheduled for June 3, 2013. If convicted, the defendant faces a potential sentence of life in prison.
According to the government’s evidence, on May 26, 2012, at about 4 a.m., Wills and his cousin, Dwayne Wills, 25, engaged in a verbal dispute that turned into a physical altercation at Abbey Place and L Street NE. They had been drinking alcohol at the time of the incident. Witnesses observed Wills pick up his cousin by his neck and leg, hold him over his head, and then forcefully slam the cousin’s head into the street, causing a skull fracture.
Dwayne Wills was unconscious but was revived and taken to Washington Hospital Center where he claimed that he had fallen and hurt himself. He lapsed into a coma. On June 4, 2012, he died as a result of head injuries suffered on May 26, 2012.
The District of Columbia medical examiner=s office has ruled the case a homicide. The evidence indicates that the cause of death was blunt impact trauma to the head. Wills was arrested on Sept. 27, 2012. At the time of his arrest, he possessed a 9 mm Ruger and an extended magazine clip with 13 rounds of ammunition. He has been in custody ever since.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
This case is being investigated by the Metropolitan Police Department (MPD) and is being prosecuted by Assistant U.S. Attorney Cynthia G. Wright.
13-041Des Moines-Area Developer Sentenced to Twelve Months and One Day in Prison for Bank Fraud SchemeRead the Press Release
DES MOINES, IA – Des Moines area real estate developer Randal L. Walters was sentenced to twelve months and one day in prison for his participation in a bank fraud scheme. Chief Judge James E. Gritzner also ordered Walters to serve a term of 5 years of supervised release following release from prison, $500,000 restitution and directed Walters to pay a $100 special assessment to the crime victims fund.
Walters pleaded guilty to committing bank fraud on September 20, 2012, in connection with a condominium development project on the south side of Des Moines known as the Meadow Cove project. Walters had been charged with diverting funds borrowed for that project to pay for a variety of other items and projects. A consortium of at least ten Iowa and Missouri banks participated in loans to the project. Walters’s co-defendant in the matter is scheduled to be sentenced by Chief Judge Gritzner in April.
The case was investigated by the Federal Bureau of Investigation, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Daniel Young Arraigned and Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings on February 5, 2013, before Chief U.S. District Judge Richard F. Cebull, DANIEL YOUNG, a 35-year-old resident of Billings, was arraigned and pled guilty to bank fraud. Sentencing is set for May 8, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
YOUNG owned and operated Auto Plaza, Inc. in Billings. Auto Plaza sold used vehicles along with new and used boats, ATV's, motorcycles, snowmobiles and recreational vehicles. Two other individuals were co-owners and/or partners with YOUNG from 2007 to 2010; however, YOUNG was the primary operator of the business. YOUNG operated the dealership and handled the day to day financial transactions.
Auto Plaza, Inc., maintained day-to-day operations with the assistance of several financing companies (also referred to as a "floor plan"), including Dealer Services Corporation and First Interstate Bank ("FIB"). The dealership typically acquired their inventory through the Auto Auction in Billings. After a vehicle was sold by Auto Plaza, Inc., the company with that provided the financing to originally purchase the car was to be paid off with the proceeds of the sale. The paying off of any liens on vehicles by the financing company allowed for a clear title to be passed on to the new buyer of the vehicle.
In approximately October of 2010, FIB canceled the $500,000 floor plan at the Auto Plaza. In approximately November of 2010, Dealer Services Corporation also canceled their financing at the Auto Plaza.
During the course of the investigation, it was learned that the dealership was out of trust possibly since the day they obtained their floor plan loan with FIB as well as Dealer Services Corporation; the dealership sold vehicles with unpaid liens and failed to provide new owners titles; the dealership sold vehicles they didn't pay for; the dealership sold extended warranties for vehicles that were not actually purchased from the warranty companies; and the dealership sold vehicles/boats they held on consignment and didn't pay the owner.
Specifically, on August 1, 2008, in Billings, YOUNG sold a 2005 Mastercraft boat with a lien held by Key Bank, N.A., of Brooklyn, Ohio. When YOUNG sold the boat at the Auto Plaza, he caused the submission of false loan documents to First Interstate Bank; in that the new purchaser was told there was no lien on the boat. First Interstate Bank believed they were obtaining a first position on the title of the boat and authorized the loan. The loan was funded by First Interstate Bank and the Auto Plaza received the money for the boat purchase. In furtherance of the scheme, YOUNG lied to a personal banker at First Interstate Bank about the payoff of the lien to Key Bank, N.A., and caused the submission of a false lien release to the Montana Division of Motor Vehicles on behalf of Key Bank for the boat.
YOUNG faces possible penalties of 30 years in prison, a $1,000,000 fine and 5 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Court Approves Consent Decree to Desegregate Tucson Public SchoolsRead the Press Release
The U.S. District Court for the District of Arizona today approved a consent decree filed by the Department of Justice, together with private plaintiffs and the Tucson Unified School District. The consent decree is a detailed and concrete plan to desegregate Tucson public schools that will provide African-American and Latino students the educational support and programs they need to learn and thrive.
The consent decree is the latest step in this longstanding desegregation case, originally filed in 1974. The United States intervened in the case in 1976. In 2012, the court asked the parties to develop a plan to desegregate the district. After extensive negotiations, the parties jointly submitted the four-year plan requiring the district to undertake a robust set of measures to comply with its longstanding obligations to desegregate its schools. The consent decree touches on nearly every aspect of school operations and lays a strong foundation for a high quality educational environment for all students.
“The plan approved by the court today is a game-changer for the children of Tucson,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “It reflects the collective efforts of families and educators in Tucson, and the strong collaboration of the parties in this case, to forge a new path forward for the Tucson public schools.”
The consent decree will ensure that the district:
· Implements a range of student assignment and transportation strategies to promote integration;
· Builds and supports a diverse community of teachers and administrators;
· Establishes culturally responsive curricula to engage and increase the academic achievement of African-American and Latino students;
· Promotes a safe and inclusive school environment through effective and supportive school discipline policies;
· Provides all students with increased access to advanced academic opportunities;
· Strengthens programs to support the academic success and engagement of African-American and Latino students;
· Develops and implements training and professional development to support culturally responsive learning environments;
· Engages students, families and communities in school programs and activities;
· Conducts ongoing monitoring and data-driven evaluations of its desegregation efforts, and submits regular compliance reports.
The racial desegregation of schools is a top priority of the Civil Rights Division. The United States is involved in nearly 200 racial desegregation cases in school districts around the country. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Convicted Felon from Richmond Sentenced to 250 Months for Helping Lead A Large Cocaine Trafficking RingRead the Press Release
LEXINGTON, KY - A Richmond man with a lengthy criminal history was sentenced today to 250 months in prison for dealing cocaine and using his retail store to conceal his drug trafficking activity.
U.S. District Court Judge Joseph M. Hood sentenced 30-year-old Jakolbe Chenault, aka, “Kolbe Cheese,” for conspiracies to distribute cocaine and launder drug money. Judge Hood enhanced Chenault’s sentence because Chenault qualified as a career offender. A career offender is someone with two or more prior violent crime or drug trafficking offenses.
According to court documents, from May 2009 until October 2011, Chenault helped lead a large cocaine trafficking ring and distributed at least 3.5 kilograms of cocaine in Madison County. More than 10 others were part of the conspiracy.
Chenault co-owned the clothing store known as Ja Ru’s New Fashions with co-defendant Ruben Catching. Chenault acknowledged that he and Catching used drug proceeds to buy merchandise for the store.
Court documents state that Chenault also used drug profits to purchase several vehicles and a house on Oakland Avenue in Richmond. The U.S. Government seized five vehicles and the home.
Chenault has prior felony convictions which include trafficking in a controlled substance, second degree unlawful transaction with a minor and wanton endangerment first degree.
Under federal law, Chenault must serve at least 85 percent of his prison sentence.
Others involved in the drug trafficking conspiracy previously received the following prison sentences: Ruben Catching - 100 months; Christina Thieleman – 120 months; Demetrius Catching – 60 months; Jermaine Carter – 60 months; Da’Lance Roberts – 120 months; James Phelps – 30 months; Bryan Campbell – 180 months; Shaquille Williams – 27 months; Franklin Floyd – 12 months and 1 day; Montel Jenkins – 138 months; Christoper Crutcher – 18 months; Laverne Cructcher – 60 months; Damar Horton – 128 months; and Edward Lamont Ellington – 87 months.
Kerry B. Harvey, U.S Attorney for the Eastern District Kentucky, Stuart L. Lowery, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives; Robert L. Corso, Special Agent in Charge of DEA; Christopher A. Henry, Special Agent in Charge of IRS’ Criminal Investigation Division; Rodney C. Brewer, Kentucky State Police Commissioner and Larry R. Brock, Richmond Police Chief jointly announced the sentence.
The investigation was conducted by ATF, the Richmond Police Department, IRS-CID, KSP, and DEA. The U.S. Attorney’s Office was represented by Robert M. Duncan Jr. and Roger W. West.
Columbus Man Charged with FraudRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS – A federal grand jury here has returned an eleven-count indictment charging Terrance J. King, 46, of Columbus in a scheme to defraud homeowners and businesses, the Columbus Metropolitan Housing Authority (CMHA), the U.S. Department of Housing and Urban Development (HUD), and the Internal Revenue Service (IRS).
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Darryl Williams, Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), and Barry McLaughlin, Special Agent in Charge, U.S. Department of Housing and Urban Development Office of Inspector General announced the indictment today.
The indictment alleges that King started a roofing repair business, Home Improvement Terrance King, LLC, in 2008 and operated in Columbus, Dayton and Springfield. King allegedly devised a scheme to defraud insurance companies and his clients by obtaining money from insurance companies and his clients through false and fraudulent pretenses, representations, and promises. The indictment alleges that King told customers he was providing warrantied roofing materials, when in fact he provided discounted, second-hand shingles and failed to complete promised work for clients.
The indictment also charges King with filing fraudulent documents with CMHA in order to receive subsidized housing assistance. King allegedly represented that he had little or no income or assets in order to qualify for subsidized housing when in reality he had earned substantial income and purchased multiple assets in 2008.
King allegedly committed money laundering by withdrawing U.S. currency received from the scheme from his bank accounts, used the currency to purchase five cashier’s checks totaling approximately $153,627.34 and buying several vehicles and a home. King is accused of willfully filing false federal income tax returns with the IRS for the 2008-2010 income tax years that falsely reported the total income he earned in those income tax years.
The indictment also seeks forfeiture of approximately $153,627.34 in U.S. currency, of which $112,968.34 was directly traceable to the purchase of a property located at 3088 Legion Lane, Columbus, Ohio.
The indictment charges King with three counts of mail fraud, each of which is punishable by up to 20 years in prison; four counts of money laundering punishable by up to 10 years in prison; one count of filing a false claims which is punishable by up to five years in prison; and three counts of willfully filing false federal income tax returns with the IRS which is punishable by up to three years in prison.
“Law abiding citizens expect the government to hold accountable those who use deceit and fraud to line their pockets with money, especially when that money represents stolen federal tax dollars and government funds," said Darryl Williams, Special Agent in Charge, IRS, Criminal Investigation, Cincinnati Field Office.
Stewart commended the investigation conducted by the IRS and HUD Office of Inspector General, and Assistant U.S. Attorneys Laura Fulton and Jessica Knight, who are prosecuting the case. King will be summoned to appear in federal court.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
Columbia Station Man Indicted on Child Pornography, Extortion and Identity Theft ChargesRead the Press Release
A federal grand jury returned an 11-count indictment charging William T. Koch, age 23, of Columbia Station, Ohio, with producing and pandering child pornography, extortion and identity theft, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges from on or about December 19, 2010 through on or about September 18, 2012, Koch attempted to coerce four different minors to engage in sexually explicit conduct, for the purpose of producing visual depictions of such conduct; knowing and having reason to know that such visual depictions would be transmitted, using any means or facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce.
The indictment further charges or about September 9, 2012, Koch used, persuaded, induced, enticed and coerced a fifth minor to engage in sexually explicit conduct for the purpose of transmitting a live visual depiction of such conduct, knowing and having reason to know that such visual depiction would be transmitted, using any means or facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce.
The indictment further charges on or about September 9, 2012, Koch attempted to coerce that same minor to engage in sexually explicit conduct with his ten-year-old brother, for the purpose of transmitting a live visual depiction of such conduct, knowing and having reason to know that such visual depiction would be transmitted, using any means or facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce.
The indictment further charges or about September 9, 2012, Koch distributed, in and affecting interstate and foreign commerce, by computer, any material in a manner that reflected the belief and was intended to cause another to believe that the material was a visual depiction of an actual minor engaging in sexually explicit conduct.
The indictment further charges from or about September 9, 2012 through on or about September 18, 2012, Koch with the intent to extort a thing of value from three of the aforementioned minors, transmitted in interstate and foreign commerce, communications threatening to injure the reputations of said minors.
The indictment further charges that from on or about December 19, 2010, through on or about September 13, 2012, Koch knowingly used, without lawful authority, in and affecting interstate and foreign commerce, a means of identification of another person, with the intent to commit, and in connection with, three of the offenses charged in the indictment.If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan.
The case was investigated by the Federal Bureau of Investigation and the Department of Homeland Security, Homeland Security Investigations.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Colorado Man Indicted on Bank Robbery ChargeRead the Press Release
TOPEKA, KAN. - A Colorado man has been indicted on charges of robbing a bank in Lawrence, Kan., U.S. Attorney Barry Grissom said today.
A federal grand jury in Topeka returned an indictment Wednesday charging Matthew W. Headley, 37, Canon City, Colo., with one count of bank robbery. The indictment alleges that on Sept. 5, 2013, Headley robbed the US Bank at 1807 West 23rd Street in Lawrence, Kan.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000.
The FBI investigated. Assistant U.S. Attorney Mike Warner is prosecuting.
OTHER INDICTMENTS
Keith F. Kulper, Jr., 32, Topeka, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Nov. 5, 2013, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mike Warner is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Cocke County Residents Arrested for Drug ViolationsRead the Press Release
GREENEVILLE, Tenn. – Billy Webb, 77, Gary Eugene Teague, 45, Emily Suzanne Sexton, 26, Timothy Jay Gilbert, 50, Christopher Lynn Suggs, 52, Tammie Brown Suggs, 43, and Ella Mae Gregg, 63, all of Newport, Tenn., and Regina Faye Webb, 36, of Cosby, Tenn., were all arrested on Feb. 6, 2013, after being indicted by a federal grand jury on charges involving drug trafficking, specifically involving oxycodone. Ralph Edward Teague, 81, and Clayton Carroll Owenby, 45, both of Newport, Tenn., were also named in the indictment and were already in custody on other charges.
Gary Teague, Emily Sexton, Regina Webb, Christopher Suggs, Tammie Suggs, and Ella Mae Gregg each made their initial appearance before U.S. Magistrate Judge Dennis Inman on Feb. 6, 2013, and were temporarily detained pending detention hearings scheduled for Feb. 7, 2013. Ralph Teague, Billy Webb, and Timothy Gilbert are scheduled for initial appearance on Feb. 7, 2013. Clayton Owenby is scheduled for an initial appearance on Feb. 20, 2013.
According to the indictment on file with the U.S. District Court, the eight count indictment charges these individuals with conspiring to distribute oxycodone, a Schedule II controlled substance. The indictment also charges Ralph Teague and Gary Teague with distribution or possession with intent to distribute oxycodone on five occasions in 2012. Ralph Teague and Gary Teague are also charged with maintaining a residence for the purpose of distributing oxycodone.
If convicted, the defendants face the following penalties: Ralph Teague faces up to 170 years in prison and fines of up to $10,500,000; Billy Webb faces up to 30 years in prison and fines of up to $2,000,000; Gary Teague faces up to 110 years in prison and fines of up to $6,500,000; Clayton Owenby, Regina Webb, Timothy Gilbert, and Ella Gregg each face up to 30 years in prison and fines of up to $2,000,000; Emily Sexton, Christopher Suggs, and Tammie Suggs each face up to 20 years in prison and fines of up to $1,000,000.
This indictment is the result of a joint investigation by the Cocke County Sheriff’s Office and the Tennessee Bureau of Investigation. Assistant U.S. Attorney Suzanne Kerney-Quillen will represent the United States.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until their guilt has been proven beyond a reasonable doubt.
Clayton Charged with Production, Possession of Child Pornography in Indictment Returned WednesdayRead the Press Release
SALT LAKE CITY – A federal grand jury returned a five-count indictment Wednesday afternoon charging John Reid Clayton, age 29, of Stansbury Park, Utah, with four counts of production of child pornography and one count of possession of child pornography.
The indictment alleges Clayton knowingly used four minor children to engage in sexually explicit conduct for the purpose of producing visual depictions of the conduct. According to the indictment, the children were born in 2007, 2010, and 2011.
The indictment follows an investigation by the Tooele County Sheriff’s Office, the Tooele City Police Department, and the Utah Internet Crimes Against Children task force. A federal arrest warrant has been issued for Clayton, who is in state custody.
The potential maximum penalty for each count of production of child pornography is 30 years in prison with a 15-year minimum mandatory sentence. Possession of child pornography carries a potential sentence of 10 years in prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Department of Justice’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 as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.
Cincinnati Man Charged with 20 Counts of Producing Child PornographyRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
CINCINNATI – A federal grand jury has charged James O. Napier, 38, of Cincinnati with 20 counts of producing child pornography which involve an 11-month old infant and an approximately nine-year old child, produced at different times.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Edward J. Hanko, Special Agent in Charge, Federal Bureau of Investigation (FBI), and agencies in the Greater Cincinnati Internet Crimes Against Children (ICAC) Task Force announced the indictment returned today.
The indictment alleges that in November 2009 Napier used an 11-month old infant for sexual gratification, molested the infant and made a video recording of it before placing it on the internet. The indictment contains 19 counts alleging that as recently as November 2012 Napier sexually exploited a girl who was approximately nine years-old and produced videos of those acts. The indictment also charges Napier with one count each of transportation, distribution and receipt of child pornography.
FBI agents arrested Napier on January 18 based on a complaint filed in U.S. District Court. The complaint was based on information from the FBI office in Phoenix that Napier was advertising the sale of child pornography on a website. Napier is being held without bond.
“Production of child pornography is punishable by at least 15 years and up to 30 years in prison,” U.S. Attorney Stewart said. “Each of the other crimes is punishable by at least five and up to 20 years in prison.”
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Stewart commended the investigation by FBI agents and investigators with the Greater Cincinnati ICAC as well as Assistant U.S. Attorney Christy Muncy who is representing the United States in this case..
Agencies participating in the Greater Cincinnati ICAC, in addition to FBI and the U.S. Attorney’s Office include the U.S. Marshals Service, U.S. Secret Service, Hamilton County Prosecutor Joe Deters, Hamilton County Sheriff Jim Neil and the police departments in Amberley Village, Blue Ash, Cincinnati, and West Chester.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Charlestown Resident Pleads Guilty to Tax Scheme at Suffolk DownsRead the Press Release
BOSTON - A Charlestown man who helped gamblers at Suffolk Downs in East Boston avoid paying taxes on winnings was convicted today.
Gary Boyar, 53, pleaded guilty before U.S. District Judge Richard G. Stearns to corruptly endeavoring to impede the Internal Revenue Service and tax evasion.
Boyar was a “ten-percenter,” a phrase referring to the ten-percent fee charged by those who cash winning tickets for gamblers so that the gamblers’ identities are not reported to the IRS. This scheme allowed gamblers to avoid paying taxes on their winnings, which were taxable income. Boyar cashed tickets and submitted forms to the IRS associated with those tickets using his deceased father’s social security number to obstruct the IRS. During the tax years 2004 through 2006, Boyar cashed more than $2 million worth of winning tickets at Suffolk Downs, and submitted more than 1,700 false IRS forms using his deceased father’s social security number. This conduct obstructed the IRS from determining the identities of the actual winners.In 2008, Boyar filed a false 2004 income tax return claiming a $591.74 refund from the IRS. The return omitted the income earned through his ten-percent fee scheme. Boyar did not file any income tax return for the years 2005 and 2006.
The maximum sentence under the statute is five years in prison for tax evasion and three years in prison for corruptly endeavoring to obstruct the IRS.United State Attorney Carmen M. Ortiz; Assistant Attorney General Kathryn Keneally of the Department of Justice Tax Division; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case is being prosecuted by Trial Attorney Sean R. Delaney of the Tax Division.
Canadian Man Pleads Guilty to Transporting Kansas Girl for SexRead the Press Release
WICHITA, KAN. – A Canadian man has pleaded guilty to picking up a 12-year-old girl in El Dorado, Kan., and taking her out of state for the purpose of having sex with her, U.S. Attorney Barry Grissom said today.
Stewart Kenneth Cody McGill, 21, Bewdley, Ontario, pleaded guilty to one count of travel with intent to engage in illicit sexual conduct. In his plea, he admitted he drove from Canada to El Dorado, Kan., to pick up a 12-year-old girl and have sex with her. Officers later found McGill and the girl parked on a country road in Michigan. They found text messages on the girl’s cell phone in which McGill indicated he intended to have sex with her and he was aware of her age.
Sentencing is set for April 24. Both parties have agreed to recommend a sentence of eight years in federal prison, followed by five years on supervised release. Grissom commended the FBI, the El Dorado Police Department and Assistant U.S. Attorney Jason Hart for their work on the case.
Cabool Man Charged with Enticing a Minor for Illicit SexRead the Press Release
Project Safe Childhood
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Cabool, Mo., man was charged in federal court today with enticing a 14-year-old girl to engage in illicit sex.
Scott Dwayne Baker, 45, of Cabool, was charged in a federal criminal complaint filed in the U.S. District Court in Springfield, Mo.
According to an affidavit filed in support of today’s criminal complaint, a Missouri State Highway Patrol trooper received a report on Saturday, Feb. 2, 2013, that a 14-year-old minor had received numerous text messages of a sexual nature from Baker. Baker was well aware of the minor’s age, the affidavit says. The trooper assumed the identity of the child victim and began communicating with Baker via cell phone text messages. During one text session, the affidavit says, Baker sent a pornographic image of himself to the child victim.
On Sunday, Feb. 3, 2013, the undercover officer continued a lengthy text message conversation with Baker during the Super Bowl. Baker sent explicitly sexual messages during this exchange, according to the affidavit. When the undercover officer informed him that the child victim was planning to skip school on Monday, the affidavit says, Baker replied by asking for her to skip school today instead, because he would be off work and they could meet at her house while she was at home alone. Baker was asked to bring a Dr. Pepper and a candy bar for the child victim.
When Baker arrived at the child victim’s residence at approximately noon Monday, Feb. 4, 2013, bringing the Dr. Pepper and candy bar, he was arrested by officers of the Missouri State Highway Patrol.
Dickinson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the Missouri State Highway Patrol, the Southwest Missouri Cyber Crimes Task Force and the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Buffalo Man Sentenced on Gun ChargeRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Marcus Adside, 24, of Buffalo, N.Y., who was convicted of being a felon in possession of a firearm, was sentenced to 37 months in prison and two years of supervised release by Chief U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Timothy C. Lynch, who handled the sentencing, stated that on November 26, 2010, the defendant illegally possessed a firearm while under New York Parole supervision stemming from a prior felony conviction. On the day of his arrest, Adside fled from Buffalo Police officers who were approaching him. During a foot chase, the defendant threw the firearm, however, later DNA testing linked Adside defendant to the firearm.
The sentencing is the culmination of an investigation by Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Frank Christiano, Special Agent in Charge and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Bermuda Bank Account Allegedly Owned by Former Mexican Secretary of Finance Seized by USRead the Press Release
CORPUS CHRISTI, Texas – The United States has seized a bank account located in Bermuda alleged to have been owned by former State of Coahuila, Mexico, Secretary of Finance Hector Javier Villareal Hernandez, United States Attorney Kenneth Magidson announced today.
The account, which is held in Bermuda at Sun Secured Advantage and N.T. Butterfield and Son Limited, contained $2,275,544.41 as of Jan. 4, 2013. The government alleged, as its basis for forfeiture, that the funds in the account were involved in a money laundering transaction, that the property constitutes or was derived from proceeds traceable to offenses including bribery of a public official, or the misappropriation, theft or embezzlement of public funds by or for the benefit of a public official.
The United States alleges in the civil forfeiture complaint filed just a short time ago that the account holder of the Bermuda account is Hernandez. He allegedly transferred stolen monies from the State of Coahuila into an account in Brownsville and later to the Bermuda account, according to the complaint.
In approximately December 2005, Hernandez was appointed by then Governor of Coahuila Humberto Moreira to the position of Under Secretary of Program and Budget for Coahuila. In July 2008, Hernandez was appointed by the same governor to the position of Secretary of Finance for Coahuila. On Aug. 19, 2011, Hernandez resigned that position and became a subject of investigation by the government of Mexico. On Oct. 28, 2011, a local judge from Coahuila charged Hernandez with forging state documents to obtain fraudulent loans for several million pesos between 2008 and 2011. On Oct. 29, 2011, Hernandez was arrested and released on bond. He later fled and remains a fugitive on those charges.
According to the civil complaint, in 2011, Mexican law enforcement officials initiated an investigation involving fraudulent loans obtained from Mexican banks by Hernandez while he held the position of Secretary of Finance. The investigation includes three fraudulent loans from two different Mexican banks from July 2010 to March 2011 totaling more than $3 billion Mexican Pesos ($246 million U.S. dollars based on exchange rates on the dates of the loans). On Feb. 3 and March 8, 2012, Mexican government authorities filed false loan charges and issued arrest warrants for Hernandez’s involvement in the false loans with two Mexican banks. The charges allege Hernandez and other co-conspirators acquired loans by providing false information to Mexican banks. The false information involved the use of false registry stamps or previously approved registry stamps used on the false loan contracts.
The conspiracy is alleged in the complaint to have begun when Hernandez requested a loan on behalf of the State of Coahuila. He then drafted and submitted a false loan contract for approval by the federal Treasury Department. Hernandez conspired to falsify the approval of the submitted loan contract. His alleged co-conspirators, who worked at the federal Treasury Department, placed a fraudulent federal registry stamp or a previously approved registry stamp on the loan contract to make it appear that the loan contract had been approved. After the loan contract obtained the false registry stamp or previously approved registry stamp and received "approval," the contract was submitted to a Mexican federal bank for issuance of a loan to the State of Coahuila. Once the loan proceeds were obtained, they were available for use by the State of Coahuila.
Hernandez had full authority over the disposition of the loan proceeds for the State of Coahuila. The Mexican bank providing the loan proceeds required the State of Coahuila to open a bank account at the specific bank. In order for the State of Coahuila to repay these loans, they requested money from the Mexican federal government. After the State of Coahuila received monies from the Mexican federal government, they did repay the loans to the Mexican banks.
Hernandez opened an offshore investment account in Bermuda during this time period. Since April 2009, it is estimated that Hernandez and his associates received more than $35 million through foreign exchange transactions and cross border wires and subsequently purchased numerous real properties in San Antonio, Brownsville and South Padre Island with the illegal proceeds.
The complaint seeks the forfeiture of $2,275,544.41 on deposit in the Bermuda account.
The Organized Crime Drug Enforcement Task Force investigation leading to the civil forfeiture complaint was conducted in San Antonio, Brownsville, Houston and Corpus Christi. Internal Revenue Service - Criminal Investigation, Drug Enforcement Administration, Homeland Security Investigations and the Texas Attorney General’s Office conducted the investigation. As part of the investigation, the United States sought the assistance of the Prosecutor General of the Republic of Mexico via the Mutual Legal Assistance Treaty in effect between the United States and Mexico.
This case is being prosecuted in the Southern District of Texas by Assistant United States Attorney Julie K. Hampton.
Bahamian Man Pleads Guilty to Alien SmugglingRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, Noel Manheimer, Director of Marine Operations, U.S. Customs and Border Protection (CBP), Rear Admiral William D. Baumgartner, Commander, 7th Coast Guard District, and Matthew Zetts, Chief Patrol Agent, U.S. Border Patrol, announce that defendant Preston Russell, 52, of the Bahamas, pled guilty yesterday to charges of attempted alien smuggling, in violation of Title 8, United States Code, Section 1324.
Sentencing is scheduled for May 7, 2013 before U.S. District Judge Jose Martinez in Fort Pierce, Florida. At sentencing, Russell faces a minimum mandatory sentence of three years and possible maximum statutory sentence of up to 10 years in prison, on each of two counts to which he pled in the Indictment.
According to statements made in open court and documents filed in the case, on November 14, 2012, the U.S. Coast Guard intercepted a small boat cast adrift with engine trouble off the Florida coast. On the boat were Russell and eight passengers, none of whom had authorization or visas to enter the United States. The passengers told authorities how they had embarked from the Bahamas on November 13, 2012, under the direction of Russell, with the intent and expectation to illegally enter the United States near Jupiter, Florida.
Mr. Ferrer commended the investigative efforts of ICE-HSI. Mr. Ferrer also thanked the U.S. Customs and Border Protection, the U.S. Coast Guard, and the U.S. Border Patrol for their work on this investigation. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Atlanta Man Sentenced for Cocaine TraffickingRead the Press Release
PANAMA CITY, FLORIDA – United States Attorney Pamela C. Marsh announced thatChristopher Shaun Lamar, 35, of Atlantawassentenced today to 293 months in federal prison for conspiring to distribute more than five kilograms of cocaine and possessing cocaine with intent to distribute. Sentence was imposed by United States District Judge Richard Smoak, who presided over Lamar’s jury trial in November 2012.
At Lamar’s trial, Panama City Police officers testified that they seized 360 grams of cocaine and 70 grams of crack cocaine from a rental vehicle during a traffic stop in January 2006. Officers learned that a local cocaine distribution group had been receiving kilogram quantities of cocaine from Atlanta. Four members of this organization were convicted of federal drug trafficking offenses at trial and by plea in 2006 and 2007. Also during trial, cooperating defendants testified that Lamar supplied the group with about 25 kilograms of cocaine in late 2005 and early 2006. The group picked up the drugs in Atlanta for sale in north Florida.
Lamar argued at trial and at sentencing that he met the witnesses only briefly at strip clubs, that he was a rap musician, and that he only sold marijuana – not cocaine. However, the witnesses had hundreds of telephone contacts with a cellular telephone attributed to Lamar and were able to give detailed directions to Lamar’s residence near Atlanta. The witnesses gave similar descriptions of Lamar’s criminal activities despite having been arrested months apart, and being housed separately before being interviewed.
Lamar was indicted in November 2007, but was not apprehended until May 8, 2012, when the DeKalb County Police Department arrested him with a half-pound of marijuana, scales, and a loaded pistol. That case arising from that arrest remains pending. Lamar received an enhanced sentence because of his prior felony drug conviction, which stemmed from his arrest on December 16, 2004, with an ounce of cocaine and a loaded revolver.
U.S. Attorney Marsh praised the joint efforts of the Drug Enforcement Administration, the U.S. Marshals Service, and the Panama City Police Department.
Assistant U.S. Attorney Michael T. Simpson prosecuted this case.
Alton Women Sentenced for Their Roles in Fraudulent Tax SchemeRead the Press Release
Angenita M. Smith, 39, of Alton, IL, was sentenced to 24 months in prison, to be followed by two years of supervised release, and Tammy M. Smith, 37, of Alton, IL, was sentenced to 26 months in prison, to be followed by three years of supervised release, Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today. The sentencings occurred in federal district court.
A. Smith and T. Smith were indicted along with six other individuals in July, 2012. They were charged with participating in a Conspiracy to Impede, Impair, Obstruct and Defeat the Lawful Functions of the IRS in the Ascertainment, Computation, Assessment, and Collection of Federal Income Taxes; Filing a False Federal Income Tax Return and Making False Statements to the IRS Criminal Investigation agents. Each was ordered to pay restitution totaling $54,317.95. Tammy Smith was immediately taken into custody to begin serving her sentence.
The convictions stem from the Smiths’ conduct for falsely preparing and providing Forms W-2 to friends and relatives for the purpose of enabling them to file false federal income tax returns and receive false federal tax refunds. The W-2's were falsified in representing that certain individuals were employees of Masters Touch Cleaning Services, Inc., a Missouri corporation as well as the W-2's also falsely represented wages paid, falsely represented federal income taxes withheld, falsely represented Social Security taxes withheld, and falsely represented Medicare taxes withheld. When questioned, both Smiths lied to federal investigators, resulting in an increase in their prison sentences.
The prosecution is the result of an investigation conducted by the Internal Revenue Service/Criminal Investigations, and was handled by Assistant U.S. Attorney Norman R. Smith.
If you are aware of criminal tax fraud, you are urged to call the I.R.S. Criminal Investigations at (618) 622-2160 or to send the information to the Internal Revenue Service, Fresno, CA 93888.
Akron Man Charged with Bank Robbery, Carjacking and Firearms ViolationsRead the Press Release
A federal grand jury returned a six-count indictment charging Robert E. Campbell, Jr., age 31, of Akron, Ohio, with three bank robberies in the Summit County area, one count of being a felon in possession of a firearm and ammunition, one count of carjacking, and one count of brandishing a firearm during the commission of a violent crime, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Campbell is accused of robbing the Charter One Bank on East Waterloo Road, the First Merit Bank on Wedgewood Drive and the US Bank on Manchester Road, all within a three-day period.
With the assistance of the Akron Police Department, Campbell was identified through bank surveillance photos. When located, Campbell carjacked a vehicle at gunpoint and led Summit County Sheriff’s Deputies on a slow-speed chase through the Kenmore area which resulted in him striking two vehicles, which resulted in injuries to some occupants. Campbell was then apprehended by Summit County Sheriff’s Deputies.
If convicted, Campbell’s sentence will be determined by the Court after review of factors unique to this case, including his prior criminal record, if any, his role in the offenses and the unique characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Teresa Dirksen following an investigation by the Akron Police Department, Federal Bureau of Investigation, U.S. Marshal’s Service, Bureau of Alcohol, Tobacco and Firearms and Summit County Sheriff’s Office.
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.
Accomplice to Armed Robbery Pleads Guilty to Hobbs Act ViolationRead the Press Release
ALBUQUERQUE – Rebecca Aguilar, 25, of Albuquerque, N.M., pled guilty this morning to aiding and abetting the armed robbery of an Albuquerque-are business under a plea agreement with the U.S. Attorney’s Office. Under the terms of her plea agreement, Aguilar will be sentenced to a term of four to five years in prison. Aguilar will remain in custody pending her sentencing hearing, which has yet to be set.
Aguilar was arrested on Oct. 15, 2012, based on an eight-count indictment that also charged co-defendant Oscar Marquez, 22, of Albuquerque, and alleged four Hobbs Act armed robberies and four counts of using a firearm during and in furtherance of a crime of violence. The indictment charged Marquez with robbing four Albuquerque-area businesses and using a firearm during each of the robberies. Count 7 of the indictment charged Aguilar with aiding and abetting Marquez with an armed robbery that occurred on May 9, 2012.
On Jan. 18, 2013, Marquez pled guilty to Counts 3, 5, 6 and 7 of the indictment which charged him with three counts of Hobbs Act robbery (the armed robberies of Cricket Wireless on May 29, 2012 , King Wireless on June 7, 2012, and Cricket Wireless on June 9, 2012) and one count of using a firearm during a crime of violence. Marquez also pled guilty to an information charging him with a fourth Hobbs Act robbery relating to the June 10, 2012 armed robbery of a Game Stop Store.
During today’s plea hearing, Aguilar pled guilty to Count 7 of the indictment, the sole charge against her, and admitted assisting Marquez in robbing a Cricket Wireless Store located on Juan Tabo NE on June 9, 2012. In her plea agreement, Marquez stated that Marquez entered the store, pointed a handgun at the clerk, and demanded and obtained money from the clerk. Aguilar admitted knowing that Marquez intended to commit the armed robbery and that she helped him escape with the money.
Marquez has been in federal custody since his arrest on Oct. 17, 2012. He remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Marquez will be sentenced to 20 years in prison.
This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. The new initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the Second Judicial District of the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
5 February 2013
Woman Initially Charged as ‘Jane Doe’ in Child Pornography Production Case Named in Federal Grand Jury IndictmentRead the Press Release
Letha Montemayor Tucker now also charged with child sex trafficking
LOS ANGELES – The North Hills woman identified last month as one of two suspects sought in connection with a child pornography case tied to the San Fernando Valley was indicted this afternoon on federal charges of producing child pornography, as well as child sex trafficking.
Letha Montemayor Tucker, who uses the nickname “Butterfly,” 52, was named in a four-count indictment returned by a federal grand jury. The indictment accuses Tucker of conspiracy to produce child pornography, production of child pornography, conspiracy to engage in child sex trafficking, and sex trafficking of children.
If she is convicted of all four charges in the indictment, Tucker would face a mandatory minimum prison sentence of 10 years and could be sentenced to as much as life in federal prison.
The indictment comes one month after tips provided by the public resulted in the identification of Tucker as one of two individuals allegedly involved in the production of a widely circulated series of child pornography images taken about 11 years ago. The pictures show an adult man, “John Doe,” and a woman, now believed to be Tucker, sexually molesting a girl whom investigators have now confirmed was between 11 and 13 at the time the images were taken.
“The sex trafficking of minors is unconscionable under any circumstances,” said United States Attorney André Birotte Jr. “As this case demonstrates, we will spare no effort in locating and prosecuting those who seek to take advantage of young, vulnerable victims.”
According to the indictment, between 2000 and 2001, both Tucker and the victim lived in a residential hotel in the Los Angeles area. The indictment alleges that Tucker worked as a prostitute, provided the victim with crack cocaine and, on multiple occasions, directed the child to engage in sexual acts with Tucker’s male clients. In or about May 2001, the indictment states Tucker contacted “John Doe” and asked whether he would be interested in having sex with the victim in exchange for money. Subsequently, Tucker brought the victim to “John Doe’s” residence. There the defendant and “John Doe” engaged in sexual acts with the victim and photographed the encounter.
Based upon forensic analysis conducted by the National Center for Missing & Exploited Children (NCMEC), investigators believe that the images were produced in the Los Angeles area, specifically in the San Fernando Valley. The child pornography images were first discovered by HSI special agents in Chicago in 2007. The material was submitted to NCMEC’s Child Victim Identification Program, which determined the victim had not yet been identified and was not linked with other known child pornography images.
As a result of leads provided by the public, special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) located the victim within a week after the case was announced on January 3. She is safe and is cooperating with the ongoing investigation.
“The victim in this case was devastated when she learned from investigators that these sexually explicit images had been distributed over the Internet,” said ICE Director John Morton. “The reality is, every time such images are viewed, the children shown are exploited yet again. That is why we owe it to these young victims to vigorously pursue these cases and hold the perpetrators accountable for their reprehensible crimes.”
While Tucker and the victim were quickly found, the identity and whereabouts of “John Doe” remain unknown. In the images in the child pornography series, “John Doe’s” face has been purposely obscured, but he appears to be a 40- to 50-year-old white male, would now be approximately 11 years older. HSI agents continue to pursue several leads, but they are appealing again for the public’s help. Anyone with information or tips that can assist in the ongoing investigation is encouraged to call 1-866-DHS-2ICE or visit http://www.ice.gov/exec/forms/hsi-tips/tips.asp.
Tucker, who is currently being held without bond, is scheduled to be arraigned on the indictment in United States District Court on February 13.
Release No. 13-021
Waterloo Man Receives Additional Prison Time for Failing to Surrender for Service of Federal SentenceRead the Press Release
A man who failed to appear for service of his federal sentence was sentenced today to more than two additional years in federal prison.
Roy Lee Turner, III, age 32, from Waterloo, Iowa, received the prison term after a November 9, 2012, guilty plea to one count of failing to surrender for service of a federal sentence.
At the plea hearing, Turner admitted that, on May 21, 2012, Turner failed to surrender to the United States Marshal for service of a federal sentence. Turner had previously been sentenced on April 30, 2012, to five years’ imprisonment on one count of federal financial aid fraud. Following imposition of the sentence, Turner was ordered to surrender himself to the United States Marshal in Cedar Rapids at 10:00 a.m. on May 21, 2012. Turner admitted that he knew of the order to turn himself in and he intentionally failed to do so.
Turner was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Turner was sentenced to 27 months’ imprisonment. A special assessment of $100 was imposed, and he must serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the United States Department of Education and the United States Marshal’s Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-63. The case file number for Turner’s prior financial fraud case is 11-152.
U.S. Attorneys Timothy Q. Purdon and Sanford C. Coats to Lead Attorney General’s Native American Issues SubcommitteeRead the Press Release
WASHINGTON – Attorney General Eric Holder announced today the appointment of U.S. Attorney for the District of North Dakota Timothy Q. Purdon as chair of the Native American Issues Subcommittee (NAIS) of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Attorney General Holder also appointed U.S. Attorney for the Western District of Oklahoma Sanford C. Coats to serve as vice chair.
"The Native American Issues Subcommittee, the oldest subcommittee of the Attorney General’s Advisory Committee, is vital to the department’s mission in Indian Country to build and sustain safe and secure communities for future generations," said Attorney General Holder. "I am confident that U.S. Attorneys Purdon and Coats have the expertise and dedication to lead this important group as we work to fulfill the department’s role in protecting and serving this country’s first Americans."
U.S. Attorney Purdon was appointed to the NAIS in 2010, and he served as vice chair throughout 2012. U.S. Attorney Purdon replaces U.S. Attorney for the District of South Dakota Brendan V. Johnson.
U.S. Attorney Coats was appointed to the NAIS in 2010, and he also served in the AGAC from 2010 through 2011. U.S. Attorney Coats continues his work with the AGAC’s Resource Allocation Working Group.
Attorney General Holder also thanked U.S. Attorney Johnson for serving as chair of the NAIS for the past three years, 2009-2012. "Brendan Johnson’s dedication and commitment to improving public safety in Indian Country will continue to positively impact tribal communities for years to come. His leadership has brought the U.S. Attorney community together to address a myriad of important issues in Indian Country, and his guidance has been an invaluable asset to this department. I look forward to my ongoing work with U.S. Attorney Johnson as a member of the AGAC."
The AGAC was created in 1973 to serve as the voice of the U.S. Attorneys and to advise the Attorney General on policy, management, and operational issues impacting the offices of the U.S. Attorneys. The NAIS is made up of 30 U.S. Attorneys from across the United States whose Districts contain Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General of the United States regarding public safety and legal issues that impact tribal communities.
U.S. Attorneys Timothy Q. Purdon and Sanford C. Coats to Lead <br /> Attorney General’s Native American Issues SubcommitteeRead the Press Release
Attorney General Eric Holder announced today the appointment of U.S. Attorney for the District of North Dakota Timothy Q. Purdon as chair of the Native American Issues Subcommittee (NAIS) of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Attorney General Holder also appointed U.S. Attorney for the Western District of Oklahoma Sanford C. Coats to serve as vice chair.
“The Native American Issues Subcommittee, the oldest subcommittee of the Attorney General’s Advisory Committee, is vital to the department’s mission in Indian Country to build and sustain safe and secure communities for future generations,” said Attorney General Holder. “I am confident that U.S. Attorneys Purdon and Coats have the expertise and dedication to lead this important group as we work to fulfill the department’s role in protecting and serving this country’s first Americans.”
U.S. Attorney Purdon was appointed to the NAIS in 2010, and he served as vice chair throughout 2012. U.S. Attorney Purdon replaces U.S. Attorney for the District of South Dakota Brendan V. Johnson.
U.S. Attorney Coats was appointed to the NAIS in 2010, and he also served in the AGAC from 2010 through 2011. U.S. Attorney Coats continues his work with the AGAC’s Resource Allocation Working Group.
Attorney General Holder also thanked U.S. Attorney Johnson for serving as chair of the NAIS for the past three years, 2009-2012. “Brendan Johnson’s dedication and commitment to improving public safety in Indian Country will continue to positively impact tribal communities for years to come. His leadership has brought the U.S. Attorney community together to address a myriad of important issues in Indian Country, and his guidance has been an invaluable asset to this department. I look forward to my ongoing work with U.S. Attorney Johnson as a member of the AGAC.”
The AGAC was created in 1973 to serve as the voice of the U.S. Attorneys and to advise the Attorney General on policy, management, and operational issues impacting the offices of the U.S. Attorneys. The NAIS is made up of 30 U.S. Attorneys from across the United States whose Districts contain Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General of the United States regarding public safety and legal issues that impact tribal communities.
Two Sentenced to Federal Prison for Insurance FraudRead the Press Release
Defendants Ordered to Pay Victim Insurance Companies Restitution of Over $147,000
COEUR D'ALENE – Michael Robert Persky, 45, and Shelley Lynn Dunkel, 42, of Malibu, California, were sentenced yesterday in United States District Court in Coeur d’Alene on multiple counts of wire fraud and mail fraud, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge sentenced Persky to 24 months in prison followed by three years of supervised release, fined him $18,000, and ordered restitution of $92,636.61. Dunkel was sentenced to six months in prison followed by three years of supervised release, with the first six months on home detention, and ordered to pay restitution of $54,518.68.
Persky and Dunkel were convicted by a federal jury late last year following a seven day trial. Persky was convicted of ten counts of wire fraud and eight counts of mail fraud, and Dunkel of six counts of wire fraud and six counts of mail fraud, for their scheme to defraud American Family Mutual Insurance Company and Progressive Northwestern Insurance Company. The jury heard evidence that from November 18, 2005, through June 26, 2008, Persky and Dunkel submitted false and fraudulent information to obtain homeowners, vehicle, and watercraft insurance in Idaho, although Persky’s permanent residence was based in California. The jury also heard evidence that Persky falsely claimed as stolen a 2002 XKS Jaguar, a 2005 Winnebago and its contents, and two watercraft and trailer. According to court records, Persky signed documentation relinquishing ownership of the property to the insurance carriers and received settlements of approximately $91,000. When the Jaguar and Winnebago were recovered, Persky took possession, but failed to notify the insurance carriers.
“These sentences reinforce the jury’s verdict and send the clear message that those who defraud the insurance system for their own personal gain will be punished,” said Olson. “This office will continue to work closely with our federal and state law enforcement partners to vigorously investigate and prosecute financial fraud. I commend the cooperative efforts that resulted in this successful prosecution.”
“The U.S. Postal Inspection Service is committed to aggressively investigating those individuals who misuse the U.S. Mail for fraudulent purposes,” said Bradley Kleinknecht, U.S. Postal Inspector in Charge, Seattle Division.
The case was investigated by the U.S. Postal Inspection Service, the National Insurance Crime Bureau, and the Idaho State Department of Insurance.
Three Men Charged with Drug and Firearm Offenses After Fbi Hartford Gang Task Force InvestigationRead the Press Release
February 5, 2013David B. Fein, United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the FBI, announced that a federal grand jury in Hartford returned a 17-count indictment today charging VINCENT NELSON, also known as “June,” 27, of Hartford, STEVEN GRANGER, 27, of Hartford, and HECTOR ALFONSO, 31, of East Hartford, with various narcotics distribution and firearms possession offenses.
The matter stems from an investigation led by the FBI’s Northern Connecticut Violent Crimes Gang Task Force, which includes representatives of the FBI, Connecticut State Police, the Hartford Police Department and the Connecticut Department of Correction, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The indictment alleges that between November 2012 and January 2013, NELSON and GRANGER conspired to possess with intent to distribute 280 grams or more of cocaine base (“crack cocaine”). The indictment also charges NELSON and GRANGER with multiple counts and ALFONSO with one count of possession with intent to distribute, and distribution of, various quantities of crack cocaine. NELSON is also charged with one count of possession with intent to distribute heroin and one count of possession with intent to distribute cocaine.
In addition, the indictment charges NELSON with possessing three firearms in furtherance of a drug trafficking crime, and with possession of firearms and ammunition by a convicted felon. GRANGER is also charged with one count of possession of ammunition by a previously convicted felon.
NELSON, GRANGER and ALFONSO have been detained since their arrests on January 23, 2013. On that date, court-authorized searches of NELSON’s residence at 2 Warner Street Extension and GRANGER’s residence at 52 Elliott Street resulted in the seizure of three handguns, assorted ammunition, body armor, approximately 500 grams of crack cocaine, approximately 170 grams of cocaine and more than $45,000 in cash.
The indictment seeks the forfeiture of the seized firearms, ammunition and cash, as well as two vehicles.
U.S. Attorney Fein stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being prosecuted by Assistant United States Attorney Brian P. Leaming.
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(203) 821-3722 [email protected]Three Indicted in FAMU Computer Hacking CaseRead the Press Release
TALLAHASSEE, FLORIDA – Carl Joseph Coutard, 21, and Carliss Pereira, 22, both of Miami, Florida, and Christopher J. Wright, 22, of Fort Lauderdale, have been charged with conspiring to access the iRattler computer system at the Florida A&M University (FAMU) in order to divert financial aid monies to themselves. The indictment was announced today by Pamela C. Marsh, U.S. Attorney for the Northern District of Florida.
The eight-count indictment alleges that between March and November 2010, the three men illegally used the personal identifying information of their fellow FAMU students, without the students’ permission, to access the students’ financial aid information in the iRattler system. As alleged in the indictment, the defendants then changed the students’ bank account and routing information without the students’ knowledge or consent. When the students were due to receive financial aid refunds, the defendants would divert these monies to bank accounts the defendants had fraudulently opened in the students’ names.
In addition to conspiracy, Wright is charged with one count of using an unauthorized access device, Coutard and Pereira are charged with possession of more than 15 unauthorized access devices, and Coutard is charged with obtaining information from a protected computer without authorization.
The unauthorized access device offenses are punishable by up to 10 years in prison. The computer intrusion and conspiracy offenses each carry a maximum sentence of 5 years in prison.All three men are also charged with aggravated identity theft, which carries a mandatory term of 2 years in prison, which must be served consecutively to any other sentence.
U.S. Attorney Marsh praised the work of the Federal Bureau of Investigation, the FAMU Police Department, the United States Department of Education, the United States Secret Service, and the Florida Department of Law Enforcement, whose joint investigation led to the indictment in the case.
The case is being prosecuted by Assistant U.S. Attorney Karen Rhew-Miller.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Taylor County, Kentucky Man Guilty of Production and Possession of Child PornographyRead the Press Release
– Victims were under five years of age
LOUISVILLE, Ky. – A Taylor County, Kentucky man has pleaded guilty in United States District Court, before Chief District Judge Joseph H. McKinley Jr., to a 15 count federal grand jury indictment charging him with violating federal child pornography laws including the production and possession of child pornography announced David J. Hale, United States Attorney for the Western District of Kentucky.
Tony Edwin Davis, 50, of Campbellsville, Kentucky pleaded guilty to charges that between December 18, 2009 and November 28, 2010 on 14 occasions, Davis, knowingly employed, used persuaded, induced, enticed and coerced, two minor females under five years of age, to engage in sexually explicit conduct for the purpose of producing a visual depiction. In addition, Davis pleaded guilty to one count of knowingly possessing child pornography on or about May 20, 2012.
According to an Affidavit filed by an agent with the Federal Bureau of Investigation (FBI), in support of a criminal complaint against Davis, the FBI was contacted by the Taylor County Sheriff’s Office and Campbellsville, Kentucky Police Department on August 10, 2012, when a cell phone, formerly in the possession of the defendant, was found to have images of child pornography.
Davis faces a statutory mandatory minimum sentence of 25 years in prison. The maximum potential penalties are 710 years in prison, a fine of $3,750,000 and a period of supervised release of at least 5 years and could be for the remainder of his life. Sentencing is scheduled before Chief Judge McKinley on May 9, 2013, at 10:30 in Bowling Green, Kentucky. Davis is in the custody of the U.S. Marshals Service.
This case is being prosecuted by Assistant United States Attorney A. Spencer McKiness and is being investigated by the FBI, the Taylor County Sheriff’s Department and the Campbellsville Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
St. Paul Man Indicted for Robbing US BankRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a 47-year-old St. Paul man was indicted in connection with the December 13, 2012, armed robbery of the US Bank branch located at 711 Cleveland Avenue South in St. Paul. David Judin Greer was specifically charged with one count of armed bank robbery and one count of brandishing a firearm during a crime of violence.
The indictment alleges that on December 13, Greer stole $3,952 from the bank after brandishing a .38-caliber revolver. According to a law enforcement affidavit filed in the case, a man, later identified as Greer, walked into the bank at approximately 2:00 p.m. He allegedly approached the teller counter, pulled the gun, and demanded twenties, fifties, and one-hundred-dollar bills. The teller took money from the cash drawer and stuffed it into the white plastic bag that Greer provided. After reportedly demanding and receiving even more money, he fled the premises.
Immediately following the robbery, the Federal Bureau of Investigation released to the public digital images of the robber. Later that same day, the FBI received a telephone call from an anonymous individual who identified the robber as Greer. Authorities then began surveillance on Greer’s residence.On December 29, 2012, the FBI received a call from the St. Paul Police Department, indicating officers there had just conducted a welfare check on Greer at the request of a family member. Officials subsequently transported Greer to Regions Hospital, where Greer reportedly gave law enforcement consent to search his residence. There, officers located the revolver used in the bank robbery. It was hidden above the duct work in the basement.
If convicted, Greer faces a potential maximum penalty of 25 years in prison for armed robbery and seven years for brandishing of a firearm. All sentences will be determined by a federal district court judge. This case is the result of an investigation by the FBI and the St. Paul Police Department. It is being prosecuted by Assistant United States Attorney Clifford B. Wardlaw.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.
St. Paul Felon Sentenced for Possessing A 12-gauge ShotgunRead the Press Release
MINNEAPOLIS—Earlier today in federal court, a 25-year-old felon from St. Paul was sentenced for possessing an unregistered 12-gauge shotgun. United States District Court Judge David S. Doty sentenced Michael Romeo Geraci to 120 months in prison on one count of possession of an unregistered firearm. Geraci was indicted on May 22, 2012, and pleaded guilty on September 6, 2012.
In the plea agreement, Geraci admitted that on April 10, 2012, he possessed a sawed-off shotgun, which was not registered to him in the National Firearms Registration and Transfer Record. Geraci had the shotgun in his possession while driving a stolen minivan in the parking lot of the Uni/Dale Mall in St. Paul, where he was ultimately arrested. Geraci further admitted that he had the firearm because he intended to use it in connection with another felony offense, namely aiding and abetting the distribution of methamphetamine.
Because he is a felon, Geraci is prohibited under federal law from possessing any type of firearm at any time. His prior Ramsey County convictions include fleeing from a police officer in a motor vehicle (2007) and second-degree assault with a dangerous weapon (2009).This case was the result of an investigation by the St. Paul Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant U.S. Attorneys Surya Saxena and LeeAnn K. Bell.
St. Louis Man Sentenced to 20 Years on Drug and Weapons ChargesRead the Press Release
St. Louis, MO - KELVIN MILLER, St. Louis, MO, pled guilty to four felony counts of possession with the intent to distribute heroin in March 2012. He was scheduled for trial on the remaining two counts of the original indictment. On the first day of trial, January 23, 2013, he pled guilty to two felony counts of being a previously convicted felon in possession of firearms, before United States District Judge Rodney W. Sippel.
This case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant United States Attorney Dean Hoag handled the case for the U.S. Attorney’s Office.
Sentences for February 04, 2013Read the Press Release
U.S. Attorney Christopher A. Crofts announced that on February 4, 2013, Natalie Faith Brown, a twenty-seven year old Northern Arapaho Tribal member from the Wind River Indian Reservation, was sentenced by Chief U.S. District Court Judge Nancy Freudenthal to one year probation with the first six months to be spent in a residential re-entry center, followed by three months of home confinement, a $100.00 special assessment, and $13,578.00 in restitution for medical costs associated with Brown driving while intoxicated and crashing on August 16, 2012, causing serious injury to one passenger and less serious injuries to a second passenger. Brown must report to the residential re-entry center on or before February 14, 2013. The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
U.S. Attorney Christopher A. Crofts announced that on February 4, 2013, Louis YellowFox, a twenty-eight year old Northern Arapaho Tribal member from the Wind River Indian Reservation, was sentenced by Chief U.S. District Court Judge Nancy Freudenthal to time served (approximately four months), one year of supervised release, and a $100 special assessment for his May 10, 2012, escape from custody. As part of prior sentence, YellowFox failed to turn himself into the Residential Reentry Center in Mills, Wyoming. This case was investigated by the U.S. Marshals Service.
Schuyler County Man Pleads Guilty to Possession of Chemicals Used to Manufacture MethamphetamineRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr,. announced today that Joseph Baudendistle, 38, of Odessa, N.Y., pleaded guilty before U.S. District Judge David G. Larimer to possession of chemicals used to manufacture methamphetamine. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that during the course of an investigation into the manufacturing of methamphetamine in the Southern Tier area of New York State, law enforcement officers learned that Baudendistle purchased in excess of nine grams of ephedrine base products within a 30 day period, a violation of the United States drug laws. The defendant visited four different pharmacies in Watkins Glen, N.Y. and Montour Falls, N.Y. between January of 2011 and February of 2012 and purchased in excess of the permitted amount of Sudafed and Suphedrine.
Baudendistle was arrested in August of 2012, along with Khristine Bedient, Robert Getman, Jr., Margaret Shermer and Joshua Watson. He is the second defendant to be convicted. Joshua Watson was convicted of a similar charge on January 24, 2013 and will be sentenced on March 28, 2013.
Sentencing is scheduled for March 24, 2013 at 10:30 a.m. before Judge Larimer.
The plea is the culmination of an investigation by the Schuyler County District Attorney’s Office, under the direction of District Attorney Joseph Fazzari, Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Schuyler County Sheriff’s Department, under the direction of Sheriff William Yessman, and the Watkins Glen Police Department, under the direction of Chief Thomas R. Struble.San Luis Obispo Police Officer Arrested on Federal Bribery ChargesRead the Press Release
LOS ANGELES – A detective with the San Luis Obispo Police Department was arrested this morning after being charged in a bribery scheme in which he allegedly took cash and narcotics from two individuals. In return, the police officer allegedly provided these “cooperating witnesses” with narcotics for their own use, as well as fake drugs to sell to drug dealers.
Cory Pierce, 39, of Arroyo Grande, was taken into custody this morning without incident by agents with the Federal Bureau of Investigation. Pierce was charged with one count of bribery in a criminal complaint filed yesterday in United States District Court in Los Angeles.
According to the affidavit in support of the complaint, Pierce is a six-year veteran of the San Luis Obispo Police Department who was most recently assigned to a narcotics task force with the San Luis Obispo County Sheriff’s Office. The complaint describes how Pierce cultivated two sources – identified in the complaint only as “CW1” and “CW2” – who have since cooperated with the FBI’s investigation.
After CW2 was arrested for heroin possession in 2011, CW2 and his girlfriend, CW1, agreed to cooperate with Pierce. But soon after they agreed to work with the police officer, Pierce made unusual requests for the informants to bring him narcotics. As the requests continued, Pierce allegedly provided placebo pain pills and real narcotics to CW1 and CW2. Pierce exchanged those pills and drugs for cash and various narcotics brought to him by the CWs, including oxycodone, heroin and drugs that treat opiate addition, according to the complaint, which goes on to state that Pierce on several occasions provided CW1 with methamphetamine that was still in police evidence bags. The complaint alleges that CW1 obtained prescriptions for pain pills from her doctor and from emergency rooms to give to Pierce, and that Pierce would provide her with money to purchase the prescriptions.
The complaint alleges that Pierce used his position as a police officer to influence CW2’s probation officer to perform little or no supervision of CW2 and informed CW2 that he could “work off” his heroin possession charge by cooperating with Pierce. The complaint goes on to allege that Pierce informed the CWs about ongoing police investigations, including where best to purchase narcotics and which drug houses to stay away from, so that they would not be caught purchasing drugs.
Pierce allegedly had the CWs set up a meeting with a drug dealer, and, following the meeting, Pierce pulled over the dealer’s vehicle over at gunpoint, seized morphine pills and let the dealer go without making an arrest.
When the CWs advised Pierce that the drug dealers to whom they had sold the placebo pills realized they had received a deceptive product and wanted revenge, Pierce asked for their identities and indicated he would “take care of it.”
Last month, CW2 began cooperating with a federal investigation and recorded multiple conversations with Pierce. During those recorded conversations, Pierce allegedly instructed CW2 to sell placebo pills to a drug dealer for $11,000, money that was to be split between Pierce and CW2. On multiple occasions, Pierce asked CW2 for Suboxone, which is used treat opiate addictions, indicating that he was personally using the drug, according to the complaint affidavit.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Pierce will have an initial appearance before a United States Magistrate Judge later this afternoon in United States District Court in Los Angeles.
If convicted of the bribery charge alleged in the criminal complaint, Pierce would face a statutory maximum penalty of 10 years in federal prison.
This ongoing investigation was conducted by the FBI with the assistance of the San Luis Obispo Police Department and the San Luis Obispo Sheriff's Department.
Release No. 13-020
Rochester Man Arrested for Making False Threats Against KodakRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Omer Fadhel Saleh Mohammed, 31, of Rochester, N.Y., was arrested and charged by criminal complaint with making false bomb threats. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000.00 or both.
Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that according to the complaint, between September 24, 2012 and January 24, 2013, the defendant made twenty one 911 calls claiming that a terrorist was going to bomb the Kodak Corporation. For instance, the complaint alleges that during one call Mohammed stated the terrorists were "going to blow up the big Kodak." The 911 calls that specifically referenced Kodak resulted in emergency responses by the Rochester Police and Fire Departments.
The defendant made an initial appearance before Magistrate Judge Marian W. Payson on February 4, 2013. Mohammed was release on his own recognizance and is due back in court March 4, 2013 at 9:00 a.m.
The criminal complaint is the result of an investigation by the Rochester Joint Terrorism Task Force and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent unless and until proven guilty.
Robert Kirk Belton Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 4, 2013, before U.S. District Judge Sam E. Haddon, ROBERT KIRK BELTON, a 49-year-old resident of Poplar, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for May 20, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On September 5, 2012, BELTON fled the scene of a traffic stop near Wolf Point. While driving away, BELTON threw a Crown Royal bag out the window. The bag contained approximately $12,000 and over 50 grams of a substance containing a detectable amount of methamphetamine.
BELTON faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Fort Peck Law Enforcement, and the Roosevelt County Sheriff's Office.
Registered Sex Offender Indicted for Production and Possession of Child PornographyRead the Press Release
Today, United States Attorney James L. Santelle of the Eastern District of Wisconsin announced the grand jury returned a three-count indictment against Jermaine L. Johnson (age: 36) formerly of Waukesha, Wisconsin.
Specifically, Johnson was indicted for two counts of production of child pornography and one count of possession of child pornography. Count one of the indictment alleges that on or about July 20, 2009, Johnson knowingly produced child pornography which involved a minor female engaging in sexually explicit conduct. Count two alleges that on or about August 2, 2011, Johnson again knowingly produced child pornography which involved a second minor female engaging in sexually explicit conduct. Count three of the indictment alleges Johnson possessed child pornography on or about March 15, 2012.
If convicted of production of child pornography, as set forth in count one of the indictment, Johnson faces a minimum of 15 years and a maximum of 30 years’ imprisonment. If convicted of production of child pornography, as set forth in count two of the indictment, Johnson faces a minimum of 25 years and a maximum of 50 years’ imprisonment. The charge of possession of child pornography carries a minimum term of imprisonment of 10 years and a maximum of 20 years’ imprisonment. The higher minimum mandatory term of imprisonment for counts two and three is the result of Johnson’s prior conviction in 2009, for second degree sexual assault (State of Wisconsin v. Jermaine L. Johnson, Case No: 2009CF00966, Waukesha County)
This case was investigated by the Wisconsin Department of Justice, Division of Criminal Investigation, Internet Crimes Against Children Task Force. Assistant United States Attorney Penelope L. Coblentz has been assigned to prosecute this case.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 U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the 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.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.Raleigh Man Sentenced for Commercial Robberies & Weapons OffensesRead the Press Release
NEW BERN - United States Attorney Thomas G. Walker announced that in federal court today United States District Judge Louise W. Flanagan sentenced ANTONIO RASHAAD DOVINE, 23, to 146 years imprisonment followed by 5 years supervised release and ordered to pay $7,590.00 in restitution.
On November 16, 2012, DOVINE was found guilty by a jury after a week long trial in federal court in New Bern, North Carolina to one count of conspiracy to Rob a Business Engaged in Interstate Commerce, in violation of Title 18, United States Code, Section 1951; five counts of Aiding and Abetting the Robbery of a Business Engaged in Interstate Commerce and one count of Attempted Robbery of a Business Engaged in Interstate Commerce, in violation of Title 18, United States Code, Sections 1951 and 2; six counts of Aiding and Abetting the Use of a Firearm During a Crime of Violence, ie Robbery, in violation of Title 18, United States Code, Sections 924(c)(1)(A) and 2; and three counts of Felon in Possession of a Firearm in violation of Title 18, United State Code, Section 922(g)(1) and 924.
Evidence presented by the United States during the trial showed that on April 14, 2011, DOVINE; along with co-conspirators entered the Exxon Gas Station located at 1200 New Bern Avenue, Raleigh and robbed the business. During the robbery a clerk and customer were physically assaulted by the robbers. Later that same day, DOVINE, along with his co-conspirators robbed the McDonald’s restaurant located at 5016 Spring Forest Road, Raleigh. Next, on April 22, 2011, DOVINE, along with co-conspirators robbed the Hampton Inn located at 1001 Wake Towne Road, in Raleigh of US currency. Later that same evening, DOVINE and his co-conspirators, robbed the Courtyard Marriott located at 3908 Arrow Drive, in Raleigh of US currency and an employee’s laptop computer. On April 27, 2011 DOVINE, and his co-conspirators robbed the Wingate Inn located at 2610 Westinghouse Blvd, Raleigh, during which DOVINE struck the cashier in the face with the butt of a shotgun. Finally, on May 3, 2011, DOVINE and his co-conspirators attempted to rob the Family Fare BP gas station on 2120 New Bern Avenue in Raleigh but fled the scene before taking any currency. Firearms were used during all of these robberies.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, & Explosives-Raleigh, and the Raleigh Police Department. Assistant United States Attorneys Ethan A. Ontjes and Leslie K. Cooley prosecuted the case for the government.
Prosecutions Continue in Illegal Entry Cases Involving Those with Prior Criminal RecordsRead the Press Release
MINNEAPOLIS -- In the District of Minnesota, court action continued yesterday in two separate cases regarding foreign nationals who entered the United States illegally after being deported as criminals. In each case, the individual pleaded guilty to one count of illegal re-entry after removal.
In the first case, Adrian Vicente Gulliani-Gulliani, age 40, entered his plea before U.S. District Court Judge Richard H. Kyle in St. Paul. Gulliani-Gulliani was indicted on December 10, 2012.
In his plea agreement, Gulliani-Gulliani admitted that on November 14, 2012, he was found in the U.S. illegally after having been deported to Mexico. The deportation followed a 1998 Hennepin County conviction for first-degree sale of a controlled substance and second-degree possession of a controlled substance. According to a law enforcement affidavit filed in the current case, Gulliani-Gulliani was arrested in St. Paul by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (“ICE ERO”), who identified him as an illegal alien.If convicted, Gulliani-Gulliani faces a potential maximum penalty of 20 years in federal prison. Judge Kyle will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by ICE ERO, with cooperation from the St. Paul Police Department. It is being prosecuted by Assistant U.S. Attorney Manda M. Sertich.
In the second case, Jose Silva-Mercado, age 29, entered his plea before U.S. District Court Judge Donovan W. Frank in St. Paul. Silva-Mercado was indicted on December 10, 2012. In his plea agreement, Silva-Mercado admitted that on September 2, 2012, he was found in the U.S. illegally after having been deported to Mexico. The deportation followed a 2009 Mower County conviction for aggravated forgery.
On September 2, 2012, while Silva-Mercado was in the Stearns County Jail on a charge of driving under the influence, authorities identified him as an illegal alien with a criminal record. That identification was made though the ICE’s Criminal Alien Program (“CAP”). The goal of that program is to locate criminal aliens incarcerated in federal and state prisons, as well as in local jails, and prevent them from being released into society by having them federally prosecuted for illegally re-entry. In some instances, federal prosecution occurs only after the individual has been prosecuted for the recent underlying offense.
For his crime, Silva-Mercado faces a potential maximum penalty of 20 years in federal prison. Judge Frank will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by ICE ERO, with cooperation from the Stearns County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorney John E. Kokkinen.
Both men will remain in custody until their current federal cases are resolved. To learn more about the CAP, visit www.ice.gov/criminal-alien-program/Physician from Raton, N.M., Sentenced to Prison for Trafficking in Prescription DrugsRead the Press Release
ALBUQUERQUE – This morning a federal judge sentenced Gilbert Christopher Aragon, Jr., 48, to 18 months in prison followed by three years of supervised release for his prescription drug trafficking conviction. The sentence was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Special Agent in Charge Joseph M. Arabit of the El Paso Division of the DEA.
Aragon pled guilty on May 11, 2012, to a five-count criminal information charging him with the following offenses: (1) conspiracy to acquire prescription drugs by fraud, forgery, fraud, deception and subterfuge; (2) obtaining prescription drugs by fraud, forgery, deception and subterfuge; (3) unlawfully distributing prescription drugs without a legitimate medical purpose; (4) using the identity of another person to obtain prescription drugs by fraud, forgery, deception and subterfuge; and (5) corruptly persuading a witness to make false statements. Aragon admitted committing these offenses in Colfax County, N.M., between July 2009 and July 24, 2010. During this period, Aragon was a physician employed by the Family Practice Clinic in Raton, N.M.
In entering his guilty plea, Aragon admitted that, on July 9, 2009, he conspired with his wife, who has not been charged, fraudulently to obtain Hydrocodone, a prescription painkiller, by providing a prescription to a former patient, who filled the prescription and gave the Hydrocodone to Aragon and his wife. Aragon acknowledged that the former patient did not have a legitimate medical need for the Hydrocodone, and that he and his wife shared the Hydrocodone. Aragon also admitted that, on July 30, 2009, he fraudulently obtained Hydrocodone by having a mentally-challenged patient fill a prescription and give the Hydrocodone to him. That patient also had no legitimate medical need for Hydrocodone, which Aragon used for himself.
Aragon also admitted that, on April 17, 2010, he instructed a nurse at the Family Practice Clinic to prepare a prescription for Ativan, a prescription medication for anxiety, using the DEA registration/provider number of a health care provider at the Family Practice Clinic. Aragon acknowledged that his colleague did not give him permission to use her DEA registration/provider number and had no knowledge that he used her number for the purpose of fraudulently obtaining the Ativan.
Aragon further admitted that, between July 19, 2010 and July 24, 2010, after learning that he was the target of an investigation, he asked a nurse at the Family Practice Clinic to make false statements or omit material statements of fact to the police about his criminal activities. Aragon repeatedly asked the nurse to lie for the purpose of hindering the investigation into his criminal activities.
“The American people expect their medical care professionals to prescribe drugs responsibly. While the vast majority of physicians obey federal laws that control prescription drugs, one bad doctor can endanger himself as well as others in the community,” said FBI Special Agent in Charge, Carol K.O. Lee. “The FBI takes these violations very seriously, and we appreciated the opportunity to work with our partners at the Drug Enforcement Administration and the U.S. Attorney's Office on this case.”
“The abuse of prescription drugs, such as hydrocodone, remains a significant problem in our communities. DEA will continue to target those who illegally divert these pharmaceuticals, which can be as destructive and deadly as any illegal drug. It is particularly disturbing when the offender is a physician who betrays the trust of patients for whose health he is responsible. This conviction should serve as a reminder that anyone who diverts prescription drugs will be held accountable for the harm they cause,” said DEA Special Agent in Charge, Joseph M. Arabit.
The case was investigated by the Albuquerque Division of the FBI and the Albuquerque Field Office of the DEA, and was prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.