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31 January 2013
Armed Drug Dealer Sentenced to 12 Years in Federal PrisonRead the Press Release
A Hancock County, Iowa man was sentenced January 30, 2013 to 144 months in federal prison.
Jeffrey Dale Brown, age 22, from Kanawha, Iowa, received the prison term after a September 28, 2011, guilty plea to conspiring to distribute methamphetamine and possessing a firearm in furtherance of the drug trafficking crime.
Information provided by the United States at the sentencing and change of plea hearing revealed Brown’s role is a string of burglaries across north-central Iowa. From about December 2010 until about June 7, 2011, Brown and others reached an agreement to distribute methamphetamine. During this same time, Brown possessed a number of stolen firearms including a sawed-off shotgun. Brown also possessed another firearm – a handgun -- that he carried during drug deals to protect himself, his drugs, and his drug proceeds and to intimidate drug customers and rivals.
Brown was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Brown was sentenced to 120 months’ imprisonment for the drug charge and 24 months’ imprisonment for possessing the firearm in furtherance of the drug offense. The terms of imprisonment will run consecutively, for a total sentence of 144 months. A special assessment of $200 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Brown is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 11-3041.
The case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hancock County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Amasa Pinckney Niles, IV, Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 30, 2013, before Chief U.S. District Judge Richard F. Cebull, AMASA PINCKNEY NILES, IV, a 41-year-old resident of Billings, appeared for sentencing. NILES was sentenced to a term of:
Prison: 151 months
Special Assessment: $300
Supervised Release: 5 years
NILES was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, and distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
NILES came to the attention of law enforcement officers as part of a larger drug case. NILES was identified as a person who purchased large amounts of methamphetamine from Las Vegas on behalf of supplier Howard Bonifant in Billings to distribute to his distributor network here. NILES became involved through Sheila Coffman, as the two were dating and distributing together. Others also identified NILES as a distribution source from Bonifant. NILES and Coffman were getting the methamphetamine from several of Bonifant's runners beginning in June 2009. NILES received significantly more than several pounds from each of the suppliers during the time he was involved. His involvement ended in June of 2010 when he went to prison for shooting a person in Billings. NILES resold the methamphetamine to others who have identified him as their supplier.
Bonifant and Coffman both pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NILES will likely serve all of the time imposed by the court. In the federal system, NILES does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Billings Big Sky Safe Streets Task Force and the Federal Bureau of Investigation.
Abilene Man Sentenced to 18 Years in Federal Prison on Conspiracy, Cocaine, Methamphetamine, Marijuana and Firearm ConvictionsRead the Press Release
Drugs and Firearms Were Seized During the Execution of a Search Warrant in August 2011
ABILENE, Texas — Joshua Cisneros, 29, of Abilene, Texas, was sentenced yesterday afternoon by U.S. District Judge Jorge A. Solis, in federal court in Abilene, to a total of 18 years in federal prison. Cisneros was convicted at trial in September in 2012 on all five counts of an indictment charging conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine; possession with intent to distribute 50 grams or more of methamphetamine; possession with intent to distribute cocaine; possession with intent to distribute less than 50 kilograms of marijuana; and possession of a firearm in furtherance of a drug trafficking crime. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Cisneros’ co-defendant in the case, Nicholas Albarado, 27, also of Abilene, was sentenced by Judge Solis in November 2012 to 18 years in federal prison. He pleaded guilty to one count of possession with intent to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
According to documents filed in the case and evidence presented at trial, the Abilene Police Department received information that a residence on Locust Street in Abilene was being used as a marijuana stash house for a drug trafficking organization. On August 30, 2011, agents with the Abilene Police Department went to the residence to conduct a knock-and-talk in reference to a drug trafficking investigation. When Albarado answered the door, there was an overwhelming smell of fresh marijuana. When agents entered the residence based upon exigent circumstances, Albarado escorted them to a bedroom where they met the owner of the residence, as well as Cisneros.
Shortly thereafter, law enforcement obtained and executed a search warrant at the residence. During the execution of that warrant, agents located and seized methamphetamine, cocaine and marijuana, located throughout the house, as well as one stolen rifle and two handguns.
The investigation was spearheaded by the Abilene Police Department, with assistance from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Taylor County Sheriff’s Office.
Assistant U.S. Attorneys Justin Cunningham and Jeffrey Haag, of the U.S. Attorney’s Office in Lubbock, Texas, were in charge of the prosecution.
30 January 2013
Wheeling Resident Sentenced on Firearms ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA — A 25 year old Wheeling, West Virginia, resident was sentenced on January 29, 2013, in United States District Court in Wheeling by Judge Frederick P. Stamp, Jr.
United States Attorney William J. Ihlenfeld, II, announced that: SHAWN L. BINKOWSKI was sentenced to 15 months imprisonment to be followed by three years of supervised release. BINKOWSKI entered a plea of guilty on January 3, 2013, to “Felon in Possession of a Firearm.” BINKOWSKI, having previously been convicted in the Circuit Court of Ohio County, West Virginia, of the felony offense of Grand Larceny, knowingly possessed a Bryco Arms pistol on September 16, 2012, in Wheeling. BINKOWSKI was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and investigated by the United States Probation office and the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Wheeling Police Department.
Waterloo Crack Dealer Sentenced to Almost 20 Years in Federal PrisonRead the Press Release
A man who twice sold crack cocaine to a police informant was sentenced on January 29, 2013, to just under twenty years in federal prison.
Antonyo Reese, 35, from Waterloo, received the prison term after a October 25, 2012 guilty plea to distributing crack cocaine after a prior felony drug conviction.
In a plea agreement, Reese admitted he sold crack cocaine to an informant on two separate occasions in October and November 2011. Reese acknowledged that, at the time of the crack cocaine sales, he had a prior felony conviction for possession of crack cocaine with intent to deliver. Reese also had a prior conviction for assault on a police officer causing injury.
Reese was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Reese was sentenced to 235 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.
Reese is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Iowa Division of Narcotics Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-2026.
Virginia Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
WASHINGTON - James Wendell Brown, 51, of Warrenton, Va., pled guilty today to a federal charge of distribution of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Debra Evans Smith, Acting Assistant Director in Charge of the FBI's Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Brown entered the guilty plea in the U.S. District Court for the District of Columbia. The Honorable Richard J. Leon is to sentence him on April 23, 2013. Brown faces a maximum sentence of 20 years of imprisonment as well as a fine of $250,000. Under federal sentencing guidelines, he faces a likely sentencing range of between 151 and 188 months in prison.
According to the government's evidence, on March 5, 2012, Brown contacted a man he believed to be the father of a 12-year-old girl on a social network site. That man turned out to be an undercover officer with the FBI's Child Exploitation Task Force. Over the next few days, Brown engaged in online e-mail and instant message conversations with the undercover officer. During this period of time, Brown sent the undercover officer three images of child pornography which depicted adult men engaged in sexual acts with children. During the course of his conversations with the undercover officer, Brown acknowledged having sexually abused young children in the past.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
In announcing the guilty plea, U.S. Attorney Machen, Acting Assistant Director in Charge Smith and Chief Lanier praised the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended Assistant U.S. Attorneys David Last and Ari Redbord, who are prosecuting the case.
13-033Union County, N.J., Woman Admits Serving as the Getaway Driver During A Middlesex, N.J. Bank RobberyRead the Press Release
NEWARK, N.J. – A Union County, N.J., woman today admitted serving as the getaway driver during the July 12, 2012, bank robbery of Unity Bank located at 1230 Bound Brook Road (Route 28) in Middlesex, N.J., U.S. Attorney Paul J. Fishman announced.
Teresa Webb, 41, of Plainfield, N.J., pleaded guilty before U.S. District Court Kevin McNulty in Newark federal court to an Information charging her with one count of bank robbery.
According to documents filed in this case and statements made in court:
On July 31, 2012, Claude Williams, 60, of Elizabeth, N.J., was charged by Complaint with six counts of bank robbery and two counts of using a firearm in furtherance of a crime of violence. In the course of those robberies, Williams would generally send an accomplice into the bank to case it shortly before he entered to commit the robbery.
Before the July 12, 2012, robbery, Webb entered the Unity Bank twice without doing any banking. A short while later, an unarmed, off-duty police officer observed Williams leave the bank, get into the rear of the getaway car, and crouch down. After noting the license plate number, the officer followed the car. Webb, who was driving the getaway car, attempted to elude the officer.
After Webb’s unsuccessful attempt to elude the officer, Williams got out of the car and pointed his gun at the officer, forcing her to leave the scene without apprehending Williams and Webb.
The bank robbery count to which Webb pleaded guilty is punishable by a maximum potential penalty of 25 years in prison and a $250,000 fine, or twice the gain or loss from the offense. Sentencing is scheduled for May 8, 2013.U.S. Attorney Fishman credited special agents with the FBI, under the direction of Acting Special Agent in Charge David Velazquez in Newark with the investigation leading to the arrest. He also thanked the Somerset County Prosecutors Office and the Middlesex Borough, Piscataway, Clifton, Metuchen, North Plainfield, and Plainfield Police Departments for their work in this case.
The government is represented by Assistant U.S. Attorney Osmar J. Benvenuto of the U.S. Attorney’s Office General Crimes Unit in Newark.
13-049
Defense counsel: Bruce S. Rosen Esq., Toms River, N.J.Webb Information
U.S. Patent & Trademark Office Employee Pleads Guilty to Enticing A Minor to Engage in Criminal Sexual ActivityRead the Press Release
ALEXANDRIA, Va. – James Raymond Schimmel, 53, of Alexandria, Va., pleaded guilty today to enticing a minor to engage in criminal sexual activity.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and John P. Torres, Special Agent in Charge for U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Washington, D.C., made the announcement after the plea hearing before United States District Judge Liam O’Grady.
At sentencing on May 10, 2013, he faces a mandatory minimum of 10 years — and up to a lifetime — of incarceration. At the time of his arrest on Oct. 24, 2012, Schimmel was an employee of the U.S. Patent & Trademark Office.
According to court records, Schimmel met the 17-year-old victim through the Internet and convinced the victim to meet in person for the purpose of engaging in criminal sexual activity. In addition, Schimmel video recorded the sexual encounter without the victim’s knowledge.The case was investigated by HSI Washington, D.C., the Northern Virginia Internet Crimes Against Children Task Force, and the Virginia State Police. Assistant United States Attorneys Alexander T.H. Nguyen and Ryan K. Dickey are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Two Men Indicted for Having 55 Fake Credit Cards That They Used to Purchase More Than $5,000 in MerchandiseRead the Press Release
A grand jury returned a four-count indictment charging two men with crimes related to their possession of approximately 55 fraudulently obtained credit cards that they used to purchase more than $5,000 worth of merchandise from various merchants at Beachwood Place and Golden Gate, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
“These men are accused of going on a shopping spree with fake credit cards,” Dettelbach said. “We all pay the price when people engage in theft like this, and this office will work with our partners to stamp out credit-card fraud.”
James Gibson of Orlando, Florida, and Lansford Beuns of Newport News, Virginia, were indicted on counts of (1) conspiracy to commit access device fraud; (2) use of unauthorized access devices; (3) possession of 15 or more counterfeit access devices and (4) possession of device-making equipment.
The indictment charges that in December 2012, Gibson and Beuns possessed approximately 55 counterfeit access devices (credit cards) upon which fraudulently acquired account information had been re-encoded and embossed using an encoder and an embosser in their possession.
The indictment further charges that Gibson and Beuns used the counterfeit access devices and unauthorized access devices to purchase thousands of dollars of merchandise from various merchants in Beachwood and Mayfield Heights, Ohio.
Among the purchases identified in the indictment, which all took place on Dec. 1 or Dec. 2, 2012, are:
* Abercrombie and Fitch, 26300 Cedar Road, $258.
* The Buckle, 26300 Cedar Road, $336.
* Saks Fifth Avenue, 26300 Cedar Road, $1,729.
* True Religion Jeans, 26300 Cedar Road, $623.
* Best Buy, 1417 Golden Gate Boulevard, $3,027.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ roles in the offense and the 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 United States Attorney Margaret A. Sweeney, following an investigation by the United States Secret Service.
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.
Two District Men Sentenced to 12-Year Prison Terms on Carjacking and Robbery Charges-Defendants Attacked Two Victims in Six-Hour Period in June 2012-Read the Press Release
WASHINGTON—Robert Jeter, 19, and Davon Watkins, 18, both from Washington, D.C., were each sentenced today to 12 years in prison for carjacking one victim and committing an armed robbery against another victim within a matter of hours, U.S. Attorney Ronald C. Machen Jr. announced.
Jeter and Watkins pled guilty in October 2012 in the Superior Court of the District of Columbia. The Honorable Gerald I. Fisher sentenced them to seven years in prison on the carjacking charge and an additional five years for the armed robbery.
According to the government’s evidence, the defendants approached the carjacking victim at about 10:30 p.m. on June 21, 2012 as he was walking from his car in a parking lot behind 1400 block of Irving Street NW. Watkins put a gun to the victim’s head while Jeter took the victim’s wallet and cell phone. Watkins then demanded the victim’s car keys. Watkins and Jeter then got into the victim’s car and fled the scene.
About six hours later, at about 4:15 a.m. on June 22, 2012, Jeter and Watkins approached the armed robbery victim as he was walking on Mount Pleasant Street NW. They knocked the victim to the ground, put guns to his head, and took his wallet and cell phone.
About 15 minutes after the armed robbery, police spotted the car taken in the earlier carjacking. The defendants ultimately abandoned the car and fled on foot. They were apprehended in the 1100 block of Clifton Street NW. The armed robbery victim’s cell phone was found in the center console of the stolen car. Fingerprint and DNA evidence analyzed by the D.C. Forensics Laboratory tied Jeter and Watkins to the stolen car.
In announcing the sentences, U.S. Attorney Machen commended the efforts of the detectives, officers, crime scene technicians, and forensic analysts who investigated the case for the Metropolitan Police Department. He also acknowledged those who worked on the case from the U.S. Attorney’s Office, including Victim Witness Advocate Jennifer Clark, and Assistant U.S. Attorneys Allison Barlotta, Vivien Cockburn, Bridget Fitzpatrick, and Jonathan Kravis, who investigated and obtained the indictment in the case.
13-034Town of Binghamton Woman Sentenced for Filing A False Tax ReturnRead the Press Release
Richard S. Hartunian, United States Attorney, Northern District of New York, announced today that Jacqueline MacBlane of the Town of Binghamton, Broome County, New York was sentenced in Federal Court in Binghamton by Senior U.S. District Judge Thomas J. McAvoy in connection with her August 1, 2012, guilty plea to an Information charging her with Subscribing to a False Individual U.S. Income Tax Return. Judge McAvoy sentenced MacBlane to a term of two years of probation supervision and ordered her to perform100 hours community service, pay a $30,000 fine, and make restitution of $78,729. The defendant admitted at the time of her plea that she willfully subscribed to a U.S. Individual Form 1040 Tax Return, for tax year 2007, which substantially and materially understated her adjusted gross income and taxable income. During the 2007 tax year, the defendant managed and operated the Brackney Inn in Susquehanna County, Pa., and her husband managed and operated Charley’s Tavern in Broome County, New York.
During the tax years 2006 and 2007, the defendant filed Individual U.S. Income Tax Returns using the filing status of “married filing jointly.” As part of the plea agreement, the defendant acknowledged that she also underreported taxable income for the tax year 2006, and agreed to pay the full amount of tax owed to the federal government for both tax years. At least $118,248.00 in taxable income for the tax year 2006 was not reported and at least $150,875.00 in taxable income for the tax year 2007 was not reported. The failure to report that taxable income led to an additional federal tax owing of $31,301.00 and $47,428.00, respectively, totaling $78,729.00. This figure does not include penalties and interest that may be assessed by the IRS, or taxes due and owing to New York State and the State of Pennsylvania.
The indictment resulted from an investigation conducted by the Internal Revenue Service. The case was prosecuted by Assistant United States Attorney Kevin P. Dooley of the Binghamton office. Inquiries can be directed to AUSA Dooley at (607) 773-2887.
Three Independence Residents Sentenced for Armed RobberiesRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that three Independence, Mo., residents were sentenced in federal court today for their roles in a series of armed robberies in Independence, during which one of the defendants was shot by a police officer.
Justin M. Epps, 23, Devontae A. Spears, 20, and Tairre Y. Matthews, 22, all of Independence, were sentenced in separate appearances before U.S. District Judge Greg Kays. Epps was sentenced to 10 years in federal prison without parole. Spears and Matthews were each sentenced to two years and six months in federal prison without parole.
Epps, Spears and Matthews each pleaded guilty to aiding and abetting each other in three armed robberies in Independence in late 2011 – at two 7-Eleven stores and a Papa John’s Pizza – in which they used what appeared to be handguns but were actually air pistols.
The co-defendants were arrested following the robbery of the 7-Eleven convenience store at 11001 E. 23rd St., Independence, on Nov. 3, 2011. On that day an Independence detective was conducting surveillance on the store and saw Epps and Spears, dressed in black, enter the store. Epps was carrying what appeared to be a handgun and had a back pack.
Epps, wearing a white plastic mask with eye holes, pointed the gun at the clerk, who went to the counter and took money from a cash drawer. The clerk also gave Epps money from a second cash drawer. Epps also took some unknown brand liquor, cigars, and possibly cigarettes from behind the counter. Epps asked for the clerk’s wallet and the clerk gave Epps $15 from his wallet. Epps asked for access to the 7-Eleven safe, which was present behind the counter, but the clerk advised Epps that he could not access the safe.
As they left the store, Epps and Spears were arrested by law enforcement officers who were positioned around the building. Epps was shot by law enforcement officers during his arrest after pointing what appeared to be a gun at them in a threatening manner, and was taken to the hospital. Spears was arrested without incident. Matthews, who was waiting in a vehicle parked nearby, was also arrested without incident.
Epps, Spears and Matthews admitted to participating in at least two other robberies, along with a couple of attempted robberies. Matthews admitted that she drove Epps and Spears to the 7-Eleven and participated with them in other robberies.
This case was prosecuted by Assistant U.S. Attorney Justin G. Davids. It was investigated by the Independence, Mo., Police Department, the Kansas City, Mo., Police Department and the FBI.
Three California Men Plead Guilty to Perpetuating Fraudulent Cellphone SchemeRead the Press Release
ALBUQUERQUE – This afternoon three California men entered guilty pleas to participating in a scheme to fraudulently obtain high-value cellular phones from retail stores in California, Arizona and New Mexico and to resell the cellular phones for profit. The guilty pleas were announced by U.S. Attorney Kenneth J. Gonzales and Resident Agent in Charge Richard Ferretti of Albuquerque Resident Office of the U.S. Secret Service.
Joshua Ferdman, 31, Jeffrey Contella, 28, and Joseph Cohen, 26, of Los Angeles, Cal., and Amir Meir Levi, 36, of Sherman Oaks, Cal., were indicted on Feb. 28, 2012, and charged with (1) conspiracy to transport stolen property and commit access device fraud, and (2) access device fraud. This afternoon, Contella, Cohen and Levi each entered a guilty plea to the indictment without the benefit of any plea agreement.
According to the indictment, in May 2011, the four defendants engaged in a scheme to fraudulently obtain high-value cellphones, including smartphones, from Sprint stores, and to resell the cellphones in a Van Nuys, Cal., store owned by Cohen and through an on-line store hosted by EBay. The defendants traveled to Sprint stores throughout California, Arizona and New Mexico and fraudulently obtained significant quantities of cellphones by impersonating Sprint customers and the unauthorized use of the customers’ account numbers. The defendants allegedly obtained the phones free of cost by instructing store clerks to bill the cost of the phones to the accounts of the unwitting Sprint customers.
From May 10, 2011 through May 16, 2011, Ferdman and Levi traveled to various Sprint stores in California, including stores in Fullerton, Los Angeles, Hollywood, San Francisco, Sacramento and Folsom, to perpetuate their fraudulent scheme. From May 21, 2011 to May 24, 2011, Ferdman and Contella traveled to various Sprint stores in Arizona and New Mexico for that same purpose. During this period, Levi wired cash to Ferdman and Contella; Ferdman sent cellphones to Levi via Federal Express; Levi delivered the cellphones to Cohen; and Cohen sold the cellphones.
On May 25, 2011, Ferdman, Contella and Levi fraudulently obtained 13 smartphones from a Sprint store in Albuquerque through the unauthorized use of a Sprint customer’s account number. That same day, Ferdman, Contella and Levi attempted to purchase an additional six smartphones from a Sprint store in Albuquerque.
Contella, Cohen and Levi remain on conditions of release pending their sentencing hearings, which have yet to be scheduled. At sentencing, each man faces a maximum penalty of five years in prison and a $250,000 fine on the conspiracy charge, and ten years in prison and a $250,000 fine on the access device fraud charge.
The United States is seeking forfeiture of all property used by the defendants to commit the offenses charged in the indictment as well as all proceeds obtained by the defendants as a result of their illegal conduct, including funds in a bank account in the name of Cohen’s business and a PayPal, Inc., account. Approximately $250,000 was seized from those accounts pursuant to court-authorized seizure warrants.
Co-defendant Ferdman has entered a not guilty plea and is pending trial. The charges in the indictment against Ferdman are only accusations, and he is presumed innocent unless found proven guilty beyond a reasonable doubt.
The case was investigated by the U.S. Secret Service and the Albuquerque Police Department’s Organized Crime Unit, and is being prosecuted by Assistant U.S. Attorney John C. Anderson.
Thornton Man Sentenced to 90 Months in Federal Prison for Possession of Child PornographyRead the Press Release
DENVER – Daniel Ivan Ashby, age 40, of Thornton, Colorado, was sentenced late last week by Senior U.S. District Court Judge Wiley Y. Daniel to serve 90 months in federal prison for possession of child pornography, United States Attorney John Walsh and FBI Special Agent in Charge James Yacone announced. Following the 90 month (over 7 year) sentence, Ashby was ordered to serve 5 years on supervised release. Ashby appeared at the sentencing hearing on bond, and was remanded at its conclusion.
In 2011, Ashby was affiliated with Calvary Community Baptist Church and Community Christian School in Northglenn as a school administrator.
Ashby was indicted by a federal grand jury in Denver on July 9, 2012. He pled guilty to the possession of child pornography charge on October 4, 2012. He was sentenced on January 25, 2013.
According to the stipulated facts contained in a plea agreement, an investigation initiated by the FBI determined that a particular computer was sharing depictions that could be child pornography files from a computer that was used both in Peru and in Colorado. Further investigation determined that at least 125 such files of interest had been shared from the target computer between January 5 and October 30, 2011. FBI agents then determined through investigative means that the computer had accessed the internet from an Internet Protocol (IP) address assigned to a residence in Thornton, Colorado, where Daniel Ivan Ashby resided. FBI agents also found that the potential child pornography images had also been shared from another Colorado IP address, this one assigned to Calvary Community Baptist Church in Northglenn. Calvary Community Baptist Church operates a school named Community Christian School. The school’s website identified Ashby as the school administrator.
During undercover computer sessions, FBI agents were able to determine that the computer in Thornton was sharing multiple files of interest. After downloading the files of interest the FBI determined the images were in fact child pornography. On December 2, 2011, the FBI obtained a search warrant for the Thornton residential address. During the execution of that warrant, law enforcement officers seized several electronic items, including two laptops. Interviews with the occupants of the residence revealed that Daniel Ivan Ashby did download child pornography.
Following the execution of the search warrant in Thornton, law enforcement officers and Ashby drove separately to Calvary Community Baptist Church/Community Christian School in Northglenn. Agents obtained consent to search the computers at this location. Church and school computers did not contain child pornography.
“The defendant in this case ran a Christian school while possessing child pornography,” said U.S. Attorney John Walsh. “His 90 month sentence demonstrates that those who possess child pornography, especially those in a position of trust, face lengthy prison sentences.”
“Individuals who are investigated, prosecuted and appropriately sentenced for their heinous acts against defenseless children can never be disregarded as merely someone who is looking at pictures,” said FBI Denver Special Agent in Charge James Yacone. “This case demonstrates what investigative agencies and our United States Attorney’s Office can accomplish by working together.”
This case was investigated by the Federal Bureau of Investigation (FBI), Innocent Images Task Force.
Ashby was prosecuted by Assistant U.S. Attorney Ryan Bergsieker.
This case was brought as part of Project Safe Childhood (PSC), 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, PSC 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 PSC, please visit http://www.justice.gov/psc/ For more information about Internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
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Thirteen Former West Texas Prison Employees Indicted for Accepting Bribes in Exchange for Smuggling Contraband into Federal Detention FacilityRead the Press Release
Federal authorities arrested 12 former Ector County Correctional Center (ECCC) guards and one former ECCC employee this morning for allegedly accepting bribes in exchange for smuggling contraband to inmates inside the federal detention facility announced United States Attorney Robert Pitman and Federal Bureau of Investigation Special Agent in Charge Mark Morgan, El Paso Division.
The defendants are individually named in 13 federal grand jury indictments returned on January 23, 2013, and unsealed today. The indictments allege that during 2011 and 2012, the correctional officers, as well as Barbara Garrett, a food service worker, smuggled in contraband to inmates, including cell phones and chargers as well as tobacco and marijuana, in exchange for cash in knowing violation of their official duties. Those indicted and arrested include:
Jovanna Marie Olivarez, age 21, of Odessa; Matthew Ryan Williams, age 20, of Odessa; Dennis Earl Newsome, age 63, of Austin, TX; Charlette Smith, age 46, of Odessa; Nancy Torres Morales, age 36, of Odessa; Valerie Ann Arenivas, age 22, of Odessa; Gabriel Angel Navarette, age 23, of Odessa; Jennifer Armida Lopez, age 25, of Odessa; Jessica Lucia Smith, age 33, of Monahans, TX; Jazmine Desiree Cruz, age 19, of Odessa; Jonathon Wayne Meza, age 29, of Odessa; Barbara Jean Garrett, age 52, of Andrews, TX; and, Ashley Dawn Clark, age 29, of Crane, TX.
Each defendant is charged with one count of accepting a bribe. Upon conviction, each defendant faces up to 15 years in federal prison and a maximum $250,000 fine.
This case was investigated by agents with Federal Bureau of Investigation together with investigators from the Odessa Police Department and the Ector County Sheriff’s Office along with cooperation from the United States Marshals Service and ECCC. Assistant United States Attorney John Klassen 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.
Steven Hinz Sentenced to Nine Years in Prison, Ordered to Pay More Than $500,000Read the Press Release
Steven R. Hinz was sentenced to nine years in prison and ordered to pay more than $500,000 in restitution for his role in leading separate tax and mortgage fraud conspiracies, said Assistant Attorney General of the Justice Department’s Tax Division Kathryn Keneally, United States Attorney for the Northern District of Ohio Steven M. Dettelbach, and Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, Cincinnati Field Office, Darryl K. Williams.
U.S. District Judge Patricia Gaughan ordered Hinz to pay $458,302 in restitution to Wells Fargo Bank, $50,069 to the IRS and $36,211 to the Department of Housing and Urban Development.
Hinz pleaded guilty last year to one count of conspiracy to defraud the United States, one count of making a false 2008 income tax return, fifteen counts of aiding and assisting the preparation of false income tax returns, and one count of conspiracy to commit bank fraud involving a mortgage fraud scheme.
The other three defendants charged in case – Heather L. English, Patricia A. Polk, and William E. Phillips, III – have also pleaded guilty.
All four defendants were indicted in December 2011 on the tax conspiracy and various false return charges. Hinz was arrested in Miami, Florida, in January 2012 and Polk was arrested in Sarasota, Florida in February 2012. Phillips was arrested in Los Angeles in June 2012, after being deported from the Philippines upon request of the U.S. government.
According to court documents, Hinz promoted a scheme to defraud the United States by filing false federal income tax returns claiming large tax refunds using the so-called “OID process.” The OID process involved the preparation of fictitious IRS Forms 1099-OID, Original Issue Discount, falsely reporting that financial institutions, creditors, and other entities had withheld large amounts of federal income tax on behalf of the defendants and other taxpayers, with respect to non-existent income. Hinz and English recruited potential clients by promoting the OID scheme to investors in and employees of Hinz’s real estate business in Youngstown, Ohio, as well as to individuals they knew from organizations known at different times as NeoThink, NeoTech, and the Society of Secrets. English prepared or directed the preparation of the 1099-OID forms and prepared and electronically filed the tax returns. Based on these fictitious withholdings, at least 17 false tax returns for the year 2008 were filed with the IRS, claiming false refunds totaling over $3,000,000. Under the scheme, taxpayers recruited by Hinz were to pay 20 percent of their refunds to Hinz and English, split equally between them, sometimes referred to as commissions and sometimes labeled as “donations.”
According to court documents, from approximately December 2006 through May 2009, Hinz conducted his real estate business in part through a scheme to defraud two federally-insured banks, Wells Fargo Bank and Huntington National Bank, that provided mortgage loans to the investors. The scheme was carried out through the filing of false mechanic’s liens for work not actually done and the providing of undisclosed down payment assistance to the investors. The scheme was designed to induce the banks to make mortgage loans based on false representations concerning the true price and value of the properties, the sources of down payments, and the disposition of loan proceeds. Polk began conspiring with Hinz to conduct the scheme April 2008.
The case is being handled by Assistant U.S. Attorneys John M. Siegel and Henry F. DeBaggis and Tax Division Trial Attorney Robert C. Kennedy, following investigation by the Internal Revenue Service, Criminal Investigation, the Office of Investigations of the Department of Housing and Urban Development Office of Inspector General, and the Federal Bureau of Investigation.
St. Louis Man Sentenced for 2008 Bombing in A Clayton Parking GarageRead the Press Release
St. Louis, MO - Milton Ohlsen III was sentenced to 20 years in prison involving the 2008 bombing in the Carondelet Plaza garage that injured Clayton attorney John L. Gillis.
With his plea last September, Ohlsen admitted that on October 15, 2008, he transported a bomb to the parking garage at 190 Carondelet with the intent that the bomb would cause death or serious bodily injury to the intended victim. He concealed the explosive device in a gift basket and placed the basket next to an Acura TL that he incorrectly believed belonged to the intended victim. On October 16, 2008, the bomb exploded and caused permanent bodily injury to John Gillis, who had moved the basket because it was blocking access to the driver's door of his Acura TL.
MILTON OHLSEN III pled guilty to one felony count each of transportation of explosive with intent to injure; malicious use of an explosive devise; being a previously convicted felon in possession of an explosive and possession of an unregistered destructive device. He appeared today for sentencing before United States District Judge E. Richard Webber.The case was investigated by ATF, the St. Louis County and Clayton Police Departments and the Federal Bureau of Investigation's Evidence Response Team. Prosecutors from both the St. Louis County Prosecutor’s Office and the United States Attorney’s Office also assisted in the almost three- year-long investigation. First Assistant United States Attorney Carrie Costantin handled the case for the U.S. Attorney's Office.
Smith County Man Sentenced for Drug Trafficking in East TexasRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A 41-year-old Tyler, Texas man was sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Bonifacio Nunez-Romero was found guilty by a jury on Aug. 15, 2012, of conspiracy to possess with intent to distribute and distribution of methamphetamine and was sentenced to 240 months in federal prison today by U.S. District Judge Michael H. Schneider.
According to information presented in court, up until September 2011, Nunez-Romero conspired with another person to acquire and distribute methamphetamine in the Tyler, Texas area. Evidence presented at trial showed Nunez-Romero was distributing methamphetamine manufactured in Mexico and also selling heroin. He was also found in possession of firearms, a military flak jacket and body armor. Nunez-Romero was indicted by a federal grand jury on Aug. 1, 2012 and charged with drug trafficking violations.
This case is the result of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was investigated by the Drug Enforcement Administration and the Smith County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Bill Baldwin.
####Six Charged in Identity Theft ConspiracyRead the Press Release
Jackson, Miss – Ladonna Cooper, 30, of Jackson, Marietta Harris, 37, of Jackson, Tony Jones, 30, of Jackson, Nikki Thomas, 37, of Jackson, S’Ade Tyler, 27, of Jackson, and Shekeila Jones, 26, of Jackson, were charged in a 42-count federal indictment for conspiracy to commit identity theft and tax fraud, announced U.S. Attorney Gregory K. Davis, Allen Bryant, Resident Agent in Charge, U.S. Secret Service, and Damon Rowe, Acting Special Agent in Charge, Internal Revenue Service Criminal Investigation.
According to the indictment, the defendants were involved in a conspiracy to illegally obtain the names and social security numbers of others which they then used to file fraudulent federal tax returns for the purpose of obtaining fraudulent refunds.
“Identity theft is a serious crime that victimizes honest taxpayers and causes immense hardship,” said Damon Rowe, Acting Special Agent in Charge, IRS Criminal Investigation. Today’s actions should serve as a warning that we will continue to work with our law enforcement partners and the U.S. Attorney’s office to hold accountable those individuals who undermine our income tax system by filing false claims for refunds.”
Five of the defendants appeared for arraignment before U.S. Magistrate Judge Keith Ball on January 29, 2013. They are scheduled for trial before U.S. District Judge Henry T. Wingate on April 8, 2013. Shekeila Jones remains at large.
This case was investigated by the U.S. Secret Service and Internal Revenue ServiceCriminal Investigation with assistance from the Mississippi Attorney General’s Office, the Mississippi Department of Corrections and the Mississippi Department of Revenue.
The public is reminded that, as in any criminal case, a person is presumed innocent until and unless proven guilty. The charges filed merely contain allegations of criminal conduct.###
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Selma Man Sentenced to Twenty Years Confinement in Drug Trafficking CaseRead the Press Release
MOBILE, AL-- United States Attorney Kenyen R. Brown announces that Daniel Louis McReynolds, Jr., was sentenced to twenty years confinement today for his involvement in an extensive drug trafficking conspiracy. McReynolds was previously indicted with co-defendants Labarry Soloman, Allen Nettles, Marlon Smith, Glenn Edward Williams, Jr. and Keatrick Lewis. All the other co-defendants were sentenced in 2012. The Court also ordered the forfeiture of five vehicles that were used in the drug trafficking conspiracy. The vehicles will be sold and eighty percent of the proceeds from the sale will be given to the Selma Police Department. Congress has made it mandatory for federal drug defendants who are convicted of drug offenses to forfeit drug proceeds they obtained from selling illegal drugs as well as assets they used to facilitate drug transactions. The United States Attorney, Kenyen R. Brown, praised the efforts of the Drug Enforcement Administration and the Selma Police Department, who worked together for approximately two years to bring the case to fruition. The United States Marshal’s Service, Fugitive Investigation Team, also assisted in finding and arresting McReynolds after he was declared a fugitive.
This case was prosecuted by Assistant United States Attorney George F. May of the United States Attorney’s Office for the Southern District of Alabama.
Rosebud Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault Resulting in Serious Bodily Injury, Assault with a Dangerous Weapon, Assault by Habitual Offender and Child Abuse.
Michael O’Rourke, age 27, was indicted by a federal grand jury on January 16, 2013. He appeared before United States Magistrate Judge Mark A. Moreno on January 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 20 years’ in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charges are merely accusations and O’Rourke is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant United States Attorney Marie H. Ruettgers is prosecuting the case.
O’Rourke was released to a third party custodian pending trial. A trial date has not been set.
Roma Man Convicted of Marijuana Conspiracy Using Boats to Navigate the Intra-coastal WaterwayRead the Press Release
CORPUS CHRISTI, Texas – Alberto Lopez, aka Alberto Lopez-Reyna, 39, of Roma, has entered a plea of guilty to one count of conspiracy to possess with the intent to distribute in excess of 100 kilograms of marijuana, United States Attorney Kenneth Magidson announced today. Lopez entered into a written plea agreement before Senior U.S. District Judge Janis Graham Jack just a short time ago in Corpus Christi.
From November 2010 until his arrest in December 2012, Lopez facilitated the transportation of large amounts of marijuana concealed in the hulls of altered shallow-bottom fishing boats from Port Mansfield to Corpus Christi via the intra-coastal waterway in an effort to circumvent the United States Border Patrol checkpoints in Falfurrias and Sarita.
He admitted his role in supplying various loads of marijuana over the course of the conspiracy and mapping out boat docks in the Corpus Christi area that would be used to retrieve the marijuana-laden vessels for further transportation to Houston. The government detailed how four loads of marijuana were intercepted and a total of 1,600 kilograms of marijuana were seized over the last two years.
Members of the conspiracy who served as drivers include Lombardo Zarate, 49, Rogelio Mendoza, 37, Glen Dial 56, Luz Ramirez, 25, and Hector Perez-Gonzales, 39, all of whom have previously pleaded guilty before U.S. District Judges in Corpus Christi and have either been sentenced to terms of imprisonment at the Bureau of Prisons or await sentencing.
Lopez faces a minimum of five and up to 40 years in prison as well as a possible $5 million fine and a substantial money judgment. Sentencing will be before Senior U.S. District Judge Janis Graham Jack on a date yet to be determined.This case is the result of a two-year investigation led by Homeland Security Investigations with the assistance of the Kingsville Narcotics Task force. Assistant United States Attorney Jeffrey D. Preston is prosecuting the case.
Robin Godwin Sentenced in Bank of Brewton RobberyRead the Press Release
Kenyen Brown, U.S. Attorney for the Southern District of Alabama, announces that defendant Robin Godwin, who previously pled guilty to being involved in the February 17, 2012 robbery of the Bank of Brewton, has been sentenced to 18 months in prison and required to pay $124,026.00 in restitution.
On October 17, 2012, Robin Godwin pled guilty to one count of stealing from a bank. As part of the plea agreement, Godwin admitted to the following facts:
Prior to February 17, 2012, Godwin and co-defendant Pamela Steele formulated a plan to rob the Bank of Brewton, which is where Steele worked as a teller. On February 17, 2012, Godwin entered the Bank of Brewton and walked up to Steele’s teller window. Godwin disguised her true appearance by wearing a blue poncho, grey fedora, black gloves, khaki pants, large sunglasses, a black Afro wig, black face paint, and body padding. Godwin asked Steele about renting a safety deposit box, so Steele took Godwin into the bank vault to look at the various box sizes available. While in the vault, Godwin pulled a large bag out from under her poncho and demanded that Steele fill it with cash. At this point, Steele filled th bag with approximately $255,000 in cash. Thereafter, Godwin fled the bank with the bag full of money.
Two months after the robbery, Steele confessed and led the FBI and local law enforcement to Godwin. Approximately half of the stolen money was recovered.
Co-defendant Pamela Steele has already been sentenced to 12 months and a day for her role in this offense.
This matter was investigated by the Escambia County Sheriff’s Office and the FBI offices Monroeville, Mobile, and Pensacola. The case was prosecuted by the U.S. Attorney’s Office for the Southern District of Alabama.
Psychologist Sentenced for $1 Million Health Care FraudRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a psychologist practicing in the Lebanon, Mo., area was sentenced in federal court today for engaging in a $1 million scheme to defraud Medicare and Medicaid.
“Those who defraud the government are stealing from the pockets of law-abiding taxpayers,” Dickinson said. “This psychologist flagrantly abused the system to enrich himself for more than three years, but today he is being held accountable for his actions.”
Rhett E. McCarty, 67, of Lake Ozark, Mo., was sentenced by U.S. District Judge Howard F. Sachs to three years in federal prison without parole. The court also ordered McCarty to pay $1 million in restitution to Medicaid and Medicare.
McCarty was a licensed psychologist and private practitioner who provided psychotherapy services to recipients of both Medicare and Medicaid in their homes in the Lebanon area. On Aug. 16, 2012, McCarty pleaded guilty to health care fraud and to forgery.
“Rhett McCarty violated the trust extended to him by the American taxpayers to provide medical services to our Medicare and Medicaid beneficiaries,” said Special Agent in Charge Gerry Roy of the Health and Human Services – Office of Inspector General. “He is now being held responsible for his violations. At HHS-OIG, we will continue to work with our federal and state law enforcement and prosecution partners to ensure the solvency and integrity of our federally-funded health care programs.”
Between Sept. 17, 2008, and April 5, 2012, McCarty submitted Medicare and Medicaid claims for daily or near daily psychotherapy services to 19 beneficiaries for which he was paid $1,276,334. According to the claims that McCarty submitted, he routinely saw beneficiaries seven days per week and worked long hours every day. Moreover, according to McCarty’s claims, he worked every single day of the calendar year from mid-September 2008 through early April 2012, except for Christmas day. McCarty routinely billed for every weekend day and for all holidays except Christmas day.
Although McCarty did provide some services for most of these beneficiaries, he admitted that he did not see those beneficiaries more than once a week. McCarty also admitted that the amount he was paid by Medicare and Medicaid for services he did not provide to these 19 beneficiaries was $1 million.
McCarty also admitted that he forged (or caused another person to forge) the signatures of five of the beneficiaries on patient sign-in sheets in order to obtain $418,507 in Medicare and Medicaid payments.
This case was prosecuted by Assistant U.S. Attorney Lucinda S. Woolery. It was investigated by Health and Human Services – Office of Inspector General, the FBI and the Medicaid Fraud Control Unit.Previously Deported Mexican National Sentenced to Nine Years for Violating Immigration LawsRead the Press Release
Defendant’s Sentence Enhanced for Raping a Female Illegal Alien During Smuggling Expedition Involving Nine Illegal AliensALBUQUERQUE – Yesterday afternoon, Alberto Cuevas-Gonzalez, 49, a Mexican national from Senora, Mexico, was sentenced to 102 months in prison for his conviction for transporting illegal aliens and re-entering the United States after previously having been deported subsequent to an aggravated felony conviction. Cuevas-Gonzalez’s sentence was enhanced from the recommended sentencing range of 63 to 78 months based on the court’s findings that Cuevas-Gonzalez raped one of the aliens whom he had smuggled into the United States.
Cuevas-Gonzalez also was sentenced to 12 months in prison for violating his conditions of release on a prior sentence. Six months of this sentence are to be served concurrently with the 102 month sentence, resulting in a total prison sentence of 108 months. Cuevas-Gonzalez will be deported after he completes his prison sentence.
The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Chief Patrol Agent Scott A. Luck, El Paso Sector, U.S. Border Patrol.
Cuevas-Gonzalez, whose true name is Jose Angel Cardenas-Aguilar, was arrested by U.S. Border Patrol Agents in Hidalgo County, N.M., on May 3, 2012, for smuggling nine illegal aliens from Mexico into the United States. He has been in federal custody since that time. On June 27, 2012, Cuevas-Gonzalez pled guilty to transporting illegal aliens and re-entering the United States without authorization after previously having been deported subsequent to an aggravated felony conviction.
Court records reflect that Cuevas-Gonzales was arrested on May 3, 2012, shortly after leading nine illegally aliens, including a young woman, across the Mexican border into the United States on foot. Each of the nine illegal aliens had paid or agreed to pay a $3000 smuggling fee to Cuevas-Gonzales. During the two-day trek, Cuevas-Gonzales drew the young woman away from the group on two occasions, once in Mexico and again in Arizona, and coerced her into having sex by threatening to kill her, or to leave her and the others to die in the desert.
Court records reflect that Cuevas-Gonzales was convicted for illegal entry into the United States in 1995 and 1999 and for illegal re-entry after deportation in 2002. He also has two prior felony convictions for marijuana trafficking offenses.
The case was investigated by the U.S. Border Patrol, Lordsburg Border Patrol Station, with assistance from the Cochise County (Arizona) Sheriff’s Department, and was prosecuted by Assistant U.S. Attorney Mick I.R. Gutierrez of the U.S. Attorney’s Branch Office.
President of Excavating Company Pleads Guilty to Tax ChargesRead the Press Release
RICHMOND, Va. – Jimmy Holland Boyd, 63, of Fredericksburg, Virginia pled guilty on January 29, 2013, to failing to pay employment taxes and failing to file personal income tax returns. As part of the plea, he admitted that he had not filed personal income tax returns since 1988 and owes the United States $350,000 in back taxes.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; and Sheila A. Olander, Acting Special Agent in Charge of the Criminal Investigation Division of the Internal Revenue Service, made the announcement after the plea was accepted by United States Magistrate Judge M. Hannah Lauck. Boyd is facing a maximum sentence of 5 years in prison and $250,000 in fines on the employment tax charge and 1 year in prison and $100,000 on the personal tax charge when he is sentenced by United States District Judge James R. Spencer on May 3, 2013.
At all material times, Boyd was President of Spring City Company Excavating, Inc., a Virginia-based real estate developing and excavating business. He pled guilty to failing to pay over $5,776 in federal income and FICA taxes on $34,864.62 of wages paid to his employees for the first quarter of 2009, ending March 31, 2009, in violation of 26 U.S.C. Section 7202.
As part of the written statement of facts accompanying his plea, Boyd also admitted that from 2005 through 2009 he paid employees of Spring City Excavating Company approximately $248,504 in net wages that were subject to federal income and FICA taxes, but to failed to pay the $41,170.77 of federal income and FICA taxes due the United States on those wages. Boyd also failed to issue IRS forms W-2 or 1099 to those employees.
Boyd also pled guilty to failing to file his personal tax return for 2007, even though he had gross income of $567,428.69 that year, in violation of 26 U.S.C. Section 7203. In the written statement of facts, Boyd admitted that he had not filed tax returns since 1988 and also acknowledged that he owes the IRS approximately $350,000 in personal taxes.
This case was investigated by the Criminal Investigation Division of the Internal Revenue Service. Assistant United States Attorney David T. Maguire is prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.
Presho Man Charged with Unlawful Taking of Bald and Golden Eagles and Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Presho, South Dakota man has been indicted by a federal grand jury. Jeffery Jessop, age 50, was indicted by a federal grand jury on January 16, 2013 for Unlawful Taking of Bald and Golden Eagles and Migratory Birds and Lacey Act Violations.
Jessop appeared before US Magistrate Judge Mark A. Moreno on January 29, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 2 years of imprisonment, $250,000 fine, or both; 1 year of supervised release and 1 additional year of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charges are merely accusations, and Jessop is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Fish and Wildlife Service and Assistant United States Attorney Meghan N. Dilges is prosecuting the case. Jessop was released on bond pending trial. A trial date has not yet been set.
Portland Man Indicted for Tax FraudRead the Press Release
Portland, Ore. - Ricky Lee Greenwood, 31, of Portland, Oregon, has been indicted on nine counts of wire fraud, nine counts of filing false claims for tax refunds, and eight counts of aggravated identity theft, the Justice Department and the Internal Revenue Service announced. Greenwood made his initial appearance in court today before U.S. Magistrate Janice Stewart, and entered a plea of not guilty. The defendant was released on pre-trial conditions and ordered to appear for trial on April 2, 2013.
According to the 26-count indictment, Greenwood electronically filed at least 66 false tax returns with fictitious wage and false dependent information, requesting at least $300,000 in fraudulent refunds. Greenwood is alleged to have obtained the names and Social Security numbers of unemployed individuals in order to file fraudulent tax returns in their names. According to the indictment, Greenwood also obtained the social security numbers of children and claimed them on the tax returns of unrelated individuals to maximize refundable credits - such as the Earned Income Tax Credit and the Additional Child Tax Credit - and further inflate the fraudulent refunds. In addition, according to the indictment, Greenwood had the fraudulent refunds delivered to him or deposited into accounts that he controlled.
An indictment merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Greenwood faces a maximum sentence of five years in prison for each false claims count, up to 20 years imprisonment for each wire fraud count, and a mandatory two-year sentence on the aggravated identity theft counts. If convicted, he could be subject to fines, mandatory restitution, and a money judgment.
"Investigating refund fraud and identity theft is a top priority for IRS Criminal Investigation," said Richard Weber, Chief, IRS Criminal Investigation. "Be assured that we are serious about investigating these crimes and we will vigorously pursue the criminals who steal from the American taxpayer."
This case was investigated by the IRS Criminal Investigation Stolen Identity Refund Fraud Task Force. Trial Attorneys Leslie A. Goemaat and Todd P. Kostyshak of the Justice Department's Tax Division and Assistant U. S. Attorney Claire Fay are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
Physician Pleads Guilty to Role in Health Care Fraud ConspiracyRead the Press Release
Dr. Daniel K. Leong Owned South Dallas Community Medical Center
DALLAS — On the day his trial was to begin in U.S. federal court, Dr. Daniel K. Leong, 59, who owned South Dallas Community Medical Center (SDCMC) on Martin Luther King Blvd., in Dallas, pleaded guilty to one count of conspiracy to commit health care fraud. Leong, who is in federal custody, faces a maximum penalty of five years in federal prison, a $250,000 fine and restitution. Sentencing is set for May 1, 2013, before U.S. District Judge Ed Kinkeade.
Leong’s co-conspirator, Cal Graves, who worked as a physician assistant at the SDCMC, pleaded guilty in July 2012 to the same offense. He is scheduled to be sentenced by Judge Kinkeade on February 13, 2013.
According to plea documents filed in the case, from February 2010 to February 2011, Leong and Graves engaged in a conspiracy to defraud Medicare and Medicaid by falsely representing that office visits and diagnostic tests were medically necessary.
PIn exchange for submitting themselves to diagnostic tests, patients at the clinic were prescribed controlled substances. This ensured that the patients would return to the clinic the next month, thus making themselves available for more tests. Often, patients would exaggerate their pain level to provide a basis for a prescription for narcotics. Leong benefitted from the exaggeration because this gave him “cover” to order more tests. The patients were rarely referred to specialists for their persistent pain and this process was repeated for up to several years without any actual treatment for some patients.
Leong and Graves frequently ordered tests known as electromyograms (EMG), which are used to diagnose neurological and nueromuscular problems. These tests are also highly-reimbursable by Medicare and Medicaid. Often, the results of these tests were never read and Graves did not have the proper training to read them.
In addition, in February 2010, Leong signed a blank prescription that reflected Leong’s authority to prescribe controlled substances. Leong instructed Graves and other SDCMC staff to copy this prescription as needed. When patients came to SDCMC, Graves used the pre-signed prescriptions.
Medicare and Medicaid would not have paid claims for office visits, diagnostic testing, or prescriptions if they had known either that the services were medically unnecessary and that Leong did not prescribe the medications.
The case is being prosecuted by Assistant U.S. Attorneys Michael McCarthy and Mindy Sauter. The investigation was conducted by the FBI, U.S. Health and Human Services (HHS) Office of the Inspector General (OIG) and the Texas Attorney General’s Medicaid Fraud Control Unit.
Since their inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Parma Man Accused of Having More Than $100,000 Worth of Counterfeit Clothing, Boots and ShoesRead the Press Release
A federal grand jury in Cleveland returned an indictment charging Walid Hanna, age 27, of Parma, Ohio, with trafficking in counterfeit merchandise, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that on or about June 16, 2011, Hanna intentionally trafficked and attempted to traffic in goods, specifically counterfeit apparel, which, if genuine, would be valued at approximately $107,808, including: Gucci sweatshirts (9), belts (41) and shoes (30 pair); Ralph Lauren Polo shirts (193), fleece jackets (36) and caps (186); UGG boots (101 pair); New Era sports caps (656); and North Face jackets (43), which contained counterfeit marks, logos, labels, hang tags, patches, stickers, emblems, holograms and packaging.
The marks on the merchandise were identical to and substantially indistinguishable from marks used on genuine merchandise, and were in use and registered for such goods on the principle register of the United States Patent and Trademark Office. The indictment alleges that the use of such counterfeit and spurious marks was likely to cause confusion, mistake or to deceive.
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.
This case is being prosecuted by Assistant U.S. Attorney Robert W. Kern of the Cleveland U.S. Attorney’s Office, following an investigation by the Cleveland Office of the Department of Homeland Security, Office Immigration and Customs Enforcement.
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.
Ocean County, N.J., Woman Admits Bankruptcy FraudRead the Press Release
TRENTON, N.J. – An Ocean County, N.J., woman today admitted concealing from a bankruptcy trustee profits she had made on a Ponzi scheme investment, U.S. Attorney Paul J. Fishman announced.
Marjorie Parise, 51, of Manahawkin, N.J., pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to one count of bankruptcy fraud.
According to documents filed in this case and statements made in court:
In 2003, Parise and her husband invested approximately $115,750 with a company known as Global Trading Investments, LLC, and received in return, profits totaling $429,154.91. However, the owners of Global Trading were operating a Ponzi scheme and the profits that Parise received were actually the investments of other individuals. Global Trading subsequently filed for Chapter Seven bankruptcy protection.
On Aug. 24, 2006, a judgment was entered against Parise requiring her to return the profits she had made from her investments in the scheme. However, Parise took numerous steps to fraudulently conceal a significant amount of funds and assets from the Trustee, including making false statements and omissions during a deposition in the bankruptcy proceeding.
Parise also took other steps to avoid detection and to keep assets from being seized as part of this proceeding. From Sept. 14, 2006, through Dec. 8, 2006, she withdrew at least $455,850 in cash from the bank accounts which had not been disclosed to the trustee. Parise made 67 currency withdrawals, none of which exceeded the $10,000 threshold for the filing of Currency Transaction Reports. In November 2006, Parise transferred ownership of her residence from her name only to the names of both her and her husband, and increased the home equity line of credit on the home.
On July 7, 2008, Parise filed for individual Chapter Seven bankruptcy protection. On her bankruptcy petition, she fraudulently failed to report millions of dollars in real estate holdings plus hundreds of thousands of personal assets.
The count of bankruptcy fraud to which Parise pleaded guilty is punishable by a maximum potential penalty of five years in prison and a fine of $250,000. Sentencing is scheduled for May 10, 2013.
U.S. Attorney Fishman credited special agents of IRS - Criminal Investigation, under the direction of Acting Special Agent in Charge Shantelle P. Kitchen in Newark for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney R. Joseph Gribko, of the U.S. Attorney’s Office in Trenton.
13-047
Defense counsel: Michael Pinsky Esq., Haddon Township, N.J.
Parise Indictment
North Versailles Man Sentenced to Prison for Possessing Child Pornography CollectionRead the Press Release
PITTSBURGH, Pa. - On Jan. 29, a resident of Allegheny County was sentenced in federal court to 36 months imprisonment, to be followed by 10 years of supervised release, on his conviction of possession of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.
Senior United States District Judge Gustave Diamond imposed the sentence on Harold J. Grant, III, 20.
According to information presented to the court, on Feb. 2, 2011, Grant possessed thousands of videos and still images in computer graphics files, depicting the sexual exploitation of minors, many of whom were infants and very young children engaging in sexually explicit conduct. Grant's collection of child pornography depicted particularly violent sexual acts, which he had carefully categorized.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Grant.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
North Carolina Tax Return Preparer Pleads Guilty to Preparing False Tax ReturnsRead the Press Release
Delane F. Alston, a resident of Rocky Mount, N.C., pleaded guilty today before Judge Terrence W. Boyle to two counts of aiding and assisting in the preparation of false federal income tax returns, the Justice Department and the Internal Revenue Service (IRS) announced today. Alston’s sentencing hearing is scheduled for May 6, 2013.
According to the charging documents, Alston worked as a return preparer at P&A Tax Services, a tax return preparation business, between 2007 through 2011. Alston initially prepared returns at a P&A Tax Services office located in Rocky Mount, but she later transferred to the Spring Hope, N.C., office. Alston was the manager of the Spring Hope office in 2008, 2009 and 2011. At the hearing, Alston pleaded guilty to preparing false 2008-2010 tax returns for P&A Tax Services clients that contained false and fraudulent claims for tax refunds. Alston generated the refunds by reporting false information on client tax returns, including false dependent information and false deductions.
Alston is subject to a maximum potential sentence of three years in prison and a fine of up to $250,000 for each count of conviction.
This case was investigated by IRS-Criminal Investigation. Trial Attorney Adam Hulbig of the Justice Department’s Tax Division is prosecuting the case.
North Carolina Man Sentenced in Murder PlotRead the Press Release
DANVILLE, VIRGINIA -- A North Carolina man who previously pleaded guilty to conspiracy to possess with the intent to distribute marijuana and murder charges, was sentenced yesterday in the United States District Court for the Western District of Virginia.
Following an extensive joint investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Henry County Sheriff’s Office and the Henry County Commonwealth Attorney’s Office, Keith Clifton Hairston, 26, of Greensboro, N.C., pleaded guilty to one count of conspiracy to possess with the intent to distribute marijuana and one count of possessing a firearm in furtherance of a drug trafficking crime and in the course of that violation did result in the death of another person in the first degree.
Yesterday in District Court, Hairston was sentenced to 600 months in Federal prison.
"Mr. Hairston and his co-conspirators have been justly held accountable for their brazen act of violence," United States Attorney Timothy J. Heaphy said today. "The Department of Justice will continue to devote all possible resources to reduce acts of violent crimes like this senseless murder."
“When individuals brazenly disregard the law with such violence, make no mistake, ATF will take these individuals off our streets. ATF’s mission is to remove violent offenders from our streets and put them behind bars where they belong,” said Acting Special Agent in Charge James Newman.
Previously, Rodney Lamar Hairston, 22, Tremain Alando Thomas, 27, Quentin Dwayne McNebb, 36, and Andrew Albert Christian Edward Armour, 21, each pleaded guilty to the same conspiracy and murder charges as Keith Hairston.
According to a statement of facts entered into the record and agreed to by each defendant, in 2010, Rodney Hairston, a Henry County marijuana dealer, contacted his cousin, a known gang member, to recruit other gang members to help him rob one of his regular drug customers. Ultimately, Keith Hairston, Thomas, Armour and McNebb agreed to conduct the robbery.
While Demarcus Levon Hairston and Akorean JaJauntex Murphy – the customers – were purchasing marijuana from Rodney Hairston at his trailer home in Henry County, Keith Hairston, Thomas, McNebb and Armour had driven down the road approximately one mile away and were setting up an ambush.
As the two customers left Rodney Hairston’s home, Thomas and Keith Hairston had exited their own vehicle, both armed with loaded pistols. McNebb and Armour waited inside the vehicle.
When Demarcus Hairston’s car pulled up to a stop sign, Keith Hairston and Thomas fired shots into the car, hitting both Demarcus Hairston and Murphy, who was in the passenger seat. Murphy returned fire. After the shooting ended, the car Demarcus Hairston was driving rolled through the intersection and into a ditch, where it came to rest.
Shortly after the shooting, Demarcus Hairston got out of his vehicle and was picked up by a passing truck and taken to a local hospital. Murphy laid on the front passenger floorboard severely injured and moaning. Keith Hairston reached into the vehicle and grabbed the bag of marijuana that was underneath Murphy’s body. Murphy later died of gunshot wounds to his head and chest.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, the Henry County Sheriff’s Office and the Henry County Commonwealth Attorney’s Office. Assistant United States Attorney Donald Wolthuis prosecuted the case for the United States.
Ninth Defendant Sentenced to Prison in "Operation See Change"Read the Press Release
TALLAHASSEE, FL – Nine men have now been sentenced to federal prison in connection with Operation See Change, a six-month undercover investigation targeting street-level drug distribution along Tallahassee’s Alabama Street corridor.
On Tuesday, Esaias Jyjuan Tucker, 24, of Tallahassee, was sentenced to 240 months in prison for conspiracy to distribute and possession with intent to distribute powder and crack cocaine. Tucker was the source of supply for a substantial quantity of the drugs being distributed in the Alabama Street corridor.
Those sentenced in Operation See Change include: Eddie Jerome Boyd, 44, was sentenced to 262 months; Antwan Santez Bullard, 27, was sentenced to 188 months; Danny Ray Crittenden, Jr., 27, was sentenced to 188 months; Deonte Deangelo Hill, 19, was sentenced to 15 months; Tommy Clarence Jackson, 54, was sentenced to 192 months; Willie Powell, 23, was sentenced to 96 months; Marquiz Donnell Rollins, 32, was sentenced to 10 months; and
Denson Jacarrus Washington, 24, was sentenced to 188 months.Jackson’s 192-month prison term also included sentences for possession of a firearm during a drug trafficking crime, possession of a stolen firearm, and possession of a firearm while a convicted felon.
The United States Attorney’s Office, the State Attorney’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Leon County Sheriff’s Office, the Tallahassee Police Department, and the Florida Department of Law Enforcement initiated Operation See Change in July 2011. Relying on current crime data and statistics, Operation See Change focused on the city’s most violent and active open-air drug market in the Alabama Street-Griffin Heights area. Working undercover, detectives from the Leon County Sheriff’s Office and the Tallahassee Police Department worked with federal agents to make strong cases against drug dealers – many of whom had long criminal histories of violence and drug trafficking crimes.
In announcing the sentence, the U.S. Attorney for the Northern District of Florida, Pamela C. Marsh, stated: “Attacking violent crime and making our communities safer is one of Attorney General Holder’s highest priorities for the Department of Justice, nationwide.
Operation See Change was our local initiative aimed at reducing violent crime here in Tallahassee. Taking such violent felons out of our communities for a significant period of time should send a message of deterrence to others who might be attracted to the gang lifestyle and culture. Both state and federal laws give us strong enforcement tools that we will not hesitate to use.” U.S. Attorney Marsh also expressed her grateful appreciation for the work and partnership of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Leon County Sheriff’s Office, the Tallahassee Police Department, and the Florida Department of Law Enforcement, whose joint investigation led to the convictions in these cases.The cases were prosecuted by Assistant U.S. Attorney Jason Coody.
New York Man Pleads Guilty to Three MurdersRead the Press Release
NEWPORT NEWS, Va. – Phillip Michael Bryant, 25, of Brooklyn, New York pled guilty today to three counts of murder in aid of racketeering activity. Bryant pled to the murder of Sean McCracken on or about November 1, 2009, and the murder of Johnny Avery on March 19, 2010. Both murders were committed on Lincoln Park Housing Development property in Hampton. In addition, Bryant waived venue in New York and pled guilty to the murder of Jeremy Kane, a New York State Corrections Officer, who was killed on June 28, 2009, outside of a beauty salon in Brooklyn, New York.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, Juan C. Molina, Acting Special Agent in Charge of the FBI's Norfolk Division and Thomas Townsend, Acting Chief of Hampton Police made the announcement after the plea was accepted by United States District Judge Robert G. Doumar.
“Phillip Bryant used threats and murder to take over a Lincoln Park public housing development and turn it into the center of operations for his drug distribution network,” said U.S. Attorney MacBride. “Thanks to the strong case developed by the FBI Safe Streets Task Force and Hampton Police Division, Bryant admitted to murdering three men and will be held responsible for his reign of terror in our community.”
Bryant was indicted in March, 2012, on drug and firearm charges. A superseding indictment charging him with racketeering and murder charges was filed in May, 2012. According to court records, the defendant and two others from New York were part of a criminal organization known as the “Miller Time Bloods,” a neighborhood set of the national gang known as “the Bloods.” Bryant and the others travelled to Virginia to operate a drug trafficking business and were known locally as the “New York Boys.” The members and associates engaged in trafficking cocaine base, cocaine and marijuana brought from New York for sale in Lincoln Park. The alleged gang members protected the criminal enterprise and activities through the use of intimidation, violence and threats of violence – including the murders of Sean McCracken and Johnny Avery. It is believed that Jeremy Kane was murdered as retaliation for Kane pressing charges against a gang member’s brother in New York. Bryant faces mandatory life in prison when he is sentenced on May 7, 2013.
This case was investigated by the Federal Bureau of Investigation Safe Streets Task Force and Hampton Police Division. Assistant United States Attorneys Howard J. Zlotnick and Lisa R. McKeel 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.
Ndangoh SentencedRead the Press Release
BATON ROUGE, LA— United States Attorney Donald J. Cazayoux, Jr., announced that TERENCE NDANGOH, age 25, of Baton Rouge, Louisiana, was sentenced by United States District Court Chief Judge Brian A. Jackson to twenty-one (21) months of imprisonment. NDANGOH was also ordered to repay victims $138,239 in restitution
NDANGOH had previously pled guilty to wire fraud involving a fake internet business purporting to sell frozen chicken feet and other food items to prospective wholesale buyers. NDANGOH collected more than $138,000 from victims who placed orders for the frozen products which were never fulfilled.
According to the Indictment, NDANGOH created Frozen Foods to advertise the sale of food items on the internet. Frozen Foods was not licensed or registered to do business in Louisiana, and neither NDANGOH nor Frozen Foods possessed or had access to the items purportedly for sale.
In addition to creating a fictitious internet company, NDANGOH also transmitted phony licenses, permits and other business certificates to potential buyers to make Frozen Foods look like a legitimate Louisiana-based business. Once purchase details were finalized, NDANGOH emailed the buyer purchasing documents with wiring instructions. The buyer then wired a deposit for the purchase to NDANGOH. NDANGOH never fulfilled the orders or made arrangements to fulfill the orders, despite having received payment for the goods.
This investigation was conducted by United States Customs Enforcement’s Homeland Security Investigations. The case was prosecuted by Assistant United States Attorney J. Lane Ewing, Jr.
Nacogdoches Man Sentenced for Drug Trafficking in East TexasRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas – A 30-year-old Nacogdoches, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Cedrick Fowler pleaded guilty on Aug. 28, 2012, to conspiracy to possess with intent to distribute 5 kilograms or more of crack cocaine and was sentenced to 245 months in federal prison on Jan. 29, 2013 by U.S. District Judge Ron Clark.
Tremaine Smith, 27, of Nacogdoches, Texas, pleaded guilty on Sep. 5, 2012, to
According to information presented in court, from 2008 to June 20, 2012, Donald Dixon, a.k.a. “Black”, Cedrick Fowler, a.k.a. “C” and “C-Murder”, Kerry Wayne Griffin, a.k.a. “Big Boy”, Omar Paunetto, Jose Angel Bustillos, Michael John Pereira, Rodney Stevenson, a.k.a. “Arod”, Darius Thorn, a.k.a. “Bs” and “Beez”, Tremaine Smith and Anthony Fowler conspired to traffic cocaine and crack cocaine throughout East Texas.
On June 20, 2012, a federal grand jury returned a 10-count indictment charging 10 defendants, including Fowler, with drug trafficking violations.
This case is the result of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Nacogdoches Police Department, and the Nacogdoches County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Baylor Wortham.
####Morrison Man Indicted by Federal Grand Jury for Possession of Destructive DevicesRead the Press Release
DENVER – Richard Lawrence Sandberg, age 35, of Morrison, Colorado, was indicted by a federal grand jury in Denver earlier this week on three firearm (destructive device) related charges United States Attorney John Walsh and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Andrew Traver announced. The indictment was obtained on January 28, 2013. Sandberg was originally arrested on January 24, 2013 based on a Criminal Complaint obtained on January 23, 2013.
On January 29, 2013, the government argued during a detention hearing that Sandberg should be held without bond pending a resolution of his case. That hearing was continued until today, January 30, 2013, to allow the court and defense to view a video recorded by an ATF undercover agent. U.S. Magistrate Judge Michael J. Watanabe after reviewing the video ordered that Sandberg be held without bond pending a resolution of his case.
Counts one and two of the indictment charge Sandberg with possession of firearms (destructive devices) not registered to him in the National Firearms Registration and Transfer Record. Count three of the indictment charges Sandberg with one count of being a prohibited person in possession of firearms (destructive devices) because he is an unlawful user of and addicted to any controlled substance.
According to the original affidavit in support of the Criminal Complaint, the investigation began when a Denver Police detective learned from a confidential informant that an individual who possessed destructive devices. The detective contacted ATF regarding this information. ATF, acting on this information, worked with the confidential informant to introduce an undercover agent to meet the subject, who turned out to be Richard Sandberg. After a number of phone conversations the undercover agent and the confidential informant went to Sandberg’s residence, where they were shown the devices. Sandberg reportedly said he wanted to trade the devices for cocaine, or for $300 each.
During the meeting, Sandberg made numerous threatening statements towards law enforcement and specifically ATF. At the conclusion of the meeting, Sandberg gave the undercover agent three devices, which contained explosive powder, a fuse and shrapnel in the form of stainless steel ball bearings. ATF confirmed that Sandberg was not allowed to possess such devices.
Sandberg is charged with two counts of possession of a firearm (which includes destructive devices) which is not registered in the National Firearms Registration and Transfer Record. If convicted, the defendant faces not more than 10 years in federal prison, and a fine of not more than $10,000. He also faces one count of possession of a firearm (which includes destructive devices) by an individual who is an unlawful user or addict to any controlled substance. If convicted of that count, he faces not more than 10 years in federal prison, and a fine of up to $250,000.
This case was investigated by ATF, the Denver Police Department and the Jefferson County Sheriff’s Office. The Denver Police Department Bomb Squad, the Jefferson County Sheriff Bomb Squad and the Colorado Springs Regional Explosives Unit provided assistance at Sandberg’s residence, where the destructive devices were found.
Sandberg is being prosecuted by Assistant U.S. Attorney Jeremy Sibert.
The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
####
Media AdvisoryRead the Press Release
Montgomery, Alabama - The press conference scheduled for Wednesday, January 30, 2013, at 1:00 p.m., by George L. Beck, Jr., United States Attorney for the Middle District of Alabama, Veronica Hyman-Pillot, Internal Revenue Special Agent in Charge, and Clayton Slay, U.S. Secret Service Resident Agent in Charge, has been moved to Thursday, January 31, at 1:30 p.m., at the U.S. Attorney’s Office, 131 Clayton Street, Montgomery, Alabama. The press conference will announce the government’s continued crackdown on identity theft and fraudulent tax preparers. Since this is the beginning of the tax filing season for 2012 taxpayers, it is a perfect time to warn taxpayers about these fraudulent tax preparers and identity theft. Press release and other handouts will be provided at the conference. The media is invited.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617Media AdvisoryRead the Press Release
There will be a press conference held on January 31, 2013, at the federal courthouse located at 111 Seventh Avenue SE, Cedar Rapids, Iowa. The press conference will be held in the United States Attorney’s second floor conference room approximately 30 minutes following the sentencing in United States v. Russell R. Wasendorf, Sr., 12-CR-2021 LRR, scheduled to begin at 9:00 a.m. Acting United States Attorney Sean R. Berry and Thomas R. Metz, Special Agent In-charge of the Omaha Division of the Federal Bureau of Investigation, will comment on the sentencing of Russell R. Wasendorf, Sr.
Press releases and interview opportunities will be available.
United States Attorney’s Office staff will be available beginning at approximately 8:45 a.m. to escort members of the press with any camera equipment directly to the conference room upon entering the courthouse. Camera equipment will not be allowed in any other areas of the building. No mobile telephones will be allowed in the building.
Massachusetts Woman Sentenced Pursuant to Her Plea of Guilty to Traveling to West Virginia to Have Sex with A MinorRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WV – United States Attorney William J. Ihlenfeld announced that CARISSA HADS, age 25, of Quincy, Massachusetts, was sentenced on January 29, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.
HADS was sentenced to 87 months imprisonment to be followed by lifetime supervision. HADS entered a plea of guilty on October 10, 2012, to “Traveling in Interstate Commerce with the Intent to Engage in Illicit Sexual Conduct” on February 23, 2012, when HADS traveled from Massachusetts to North Central West Virginia to have sex with a minor. Court documents indicate that HADS posed as an 18-year old man on a social media website and also took steps to change her appearance in order to deceive the victim as to her true identity. HADS met the alleged victim online in 2010 and the two communicated for over a year before the first in-person meeting took place. HADS traveled at least three times from Massachusetts to visit the alleged victim, and was arrested at the Pittsburgh International Airport by F.B.I. agents on May 25, 2012, on one of her visits to the area. As part of her plea, HADS agreed to the forfeiture of the computer and electronic equipment seized from her and her residence.
HADS was remanded to the custody of the United States Marshal pending designation to a
Federal institution.The case was prosecuted by Assistant United States Attorney Shawn A. Morgan, Chief of the Criminal Division for the U.S. Attorney’s Office and investigated by the West Virginia Internet Crimes Against Children Task Force and the Federal Bureau of Investigation.
Manhattan U.S. Attorney Settles Lawsuit Against Owners and Operators of Rosa Mexicano Restaurants for Violations of the Americans with Disabilities ActRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today a settlement of a lawsuit against the owners and operators of the three Manhattan locations of the popular Rosa Mexicano restaurant chain for violations of the Americans With Disabilities Act of 1990 (“ADA”). The defendant owners and operators of the Rosa Mexicano restaurants are ROSA MEXICANO COMPANY, WEST 62 OPERATING LLC, FENIX RESTAURANT, INC., and ROSA MEXICANO USQ LLC. The settlement, in the form of a consent decree, was approved today by U.S. District Judge Richard J. Sullivan.
The lawsuit was the first to be brought as a result of the Manhattan Restaurants ADA Compliance Initiative, announced in September 2011. As part of the initiative, the U.S. Attorney’s Office is reviewing and evaluating the ADA compliance of the “most popular” restaurants in Manhattan as designated by the 2011 Zagat Guide.
Manhattan U.S. Attorney Preet Bharara said: “The comprehensive corrective measures agreed to by Rosa Mexicano will give individuals with disabilities an equal opportunity to enjoy one of New York City’s most popular restaurants, as is required by the ADA. While we hope that other proprietors will voluntarily comply with this important civil rights law rather than face litigation, our Office remains committed, through our ongoing Restaurants Initiative, to ensuring that everyone can have access to the world-class offerings on the menu in New York City restaurants.”
According to the Complaint filed in Manhattan federal court and other public documents:
The U.S. Attorney’s Office identified numerous violations of the ADA at each of Rosa Mexicano’s Manhattan locations: 61 Columbus Avenue (“Rosa Mexicano Lincoln Center”), 1063 First Avenue (“Rosa Mexicano First Avenue”), and 9 East 18th Street (“Rosa Mexicano Union Square”). Most significantly, Rosa Mexicano Lincoln Center lacks an accessible main entrance, and its “alternate entrance” is also non-compliant in several respects. Rosa Mexicano
First Avenue similarly lacks an accessible entrance, and all three of its restrooms are inaccessible to persons with disabilities. At Rosa Mexicano Union Square, both the main and “alternate” entrances fail to comply with the ADA, as do the men’s and women’s restrooms.
Today’s consent decree requires the restaurants to improve the accessibility of their entrances, waiting areas, bar areas, dining areas, and restrooms. Notably, the consent decree provides for renovations to the main and alternate entrances at Rosa Mexicano Lincoln Center; the creation of an accessible alternate entrance and the construction of an accessible restroom at Rosa Mexicano First Avenue; and renovations to the entrance and the men’s and women’s restrooms at Rosa Mexicano Union Square. In addition, the owners and operators of the restaurants will pay a $30,000 civil penalty to the United States.
Since President George H.W. Bush signed the ADA into law in 1990, the U.S. Attorney’s Office for the Southern District of New York has taken a leading role in bringing numerous New York City institutions into compliance with the ADA regulations. They include Avery Fisher Hall at Lincoln Center, the Metropolitan Opera, Yankee Stadium, Madison Square Garden, the Apollo Theater, the Puck Building, the Shubert Theaters, the Rainbow Room, and Radio City Music Hall.
Mr. Bharara thanked the Disability Rights Section of the Department of Justice, in particular its architectural staff, for their assistance in this matter.
The Restaurants Initiative is being handled by the Office’s Civil Rights Unit. Assistant U.S. Attorneys Amy A. Barcelo, Christopher Connolly, and Cristine Irvin Phillips are in charge of the Initiative.
To file a complaint alleging that a restaurant or any other place of public accommodation within the Southern District of New York is not accessible to persons with disabilities, use the Civil Rights Complaint Form available on the United States Attorney’s Office’s website, www.usdoj.gov/usao/nys. Complaints should be sent to:
U.S. Attorney’s Office, Southern District of New York
86 Chambers Street, 3rd Floor
New York, New York, 10007
Attention: Chief, Civil Rights Unit
U.S. v. Rosa Mexicano Settlement
Manager of Commodities Fund Pleads Guilty to ConspiracyRead the Press Release
SAN JOSE - Rodney Hatfield pleaded guilty in federal court in San Jose today to conspiracy to commit wire fraud, United States Attorney MELINDA HAAG announced.
In pleading guilty, Mr. Hatfield admitted that he conspired with his co-defendant to obtain money from investors by means of materially false representations about the value of their investment accounts. Mr. Hatfield admitted that he defrauded members of his own Jehovah’s Witness congregation in Watsonville, California. As part of the conspiracy, he solicited millions of dollars in investment money from his fellow congregants and others to invest in Landmark Trading Company, LLC (“Landmark”), a company he and his co-defendant had set up as a holding company for the purpose of trading in foreign currency exchange.
While Landmark did initially engage in legitimate currency trades on behalf of its investors, the company quickly began to run a negative return on its trading activity. Rather than accurately report this negative trading activity to investors, Hatfield and his co-defendant distributed false reports to investors in e-mails claiming that their trading accounts were profitable and increasing in value. While some investors did receive all or most of their principal back, Hatfield admitted his actions resulted in a net loss to investors of more $1 million but less than $2.5 million.
Mr. Hatfield, age 63, of Salinas, California, was indicted by a federal Grand Jury on December 17, 2009. He was charged with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, along with nine counts of wire fraud, in violation of 18 U.S.C. § 1343. Under the plea agreement, Mr. Hatfield pled guilty to the first count of the Indictment, conspiracy to commit wire fraud.
Mr. Hatfield remains free on a secured bond pending sentencing on Monday, June 24, 2013, at 1:30 p.m., before the Honorable Edward J. Davila in San Jose. The maximum statutory penalty for a violation of conspiracy to commit wire fraud is 20 years of imprisonment, a fine of $250,000 or twice the amount of gain or loss, whichever is greater, restitution if appropriate, and a special assessment. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Timothy J. Lucey is the Assistant United States Attorney who is prosecuting the case with the assistance of Laurie Worthen. The prosecution is the result of a multi-year investigation by the United States Postal Inspection Service. The Commodities Future Trading Commission and the United States Trustee for the Northern District of California were also instrumental in this investigation.
Lake Andes Man Pleads Guilty to Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Albert Fischer, age 22, of Lake Andes, South Dakota appeared before United States District Judge Karen E. Schreier on January 28, 2013 and pled guilty to assault resulting in serious bodily injury. The maximum penalty upon conviction is 10 years' imprisonment and a $250,000 fine.
Fischer assaulted a man in July of 2012 wherein the victim's jaw was broken. The investigation was conducted by the Bureau of Indian Affairs Law Enforcement Services - Yankton Reservation, and the FBI. The case is being prosecuted by Assistant US Attorney Thomas J. Wright.
A presentence investigation was ordered and a sentencing date was set for April 22, 2013. The defendant was remanded to the custody of the US Marshal pending sentencing.
Kentlands Area Cocaine Dealer Sentenced to More than 17 Years in PrisonRead the Press Release
Greenbelt, Maryland - U.S. District Judge Alexander Williams Jr. sentenced Xavier Eccleston, age 35, of Bethesda, Maryland, today to 210 months in prison, followed by eight years of supervised release, for conspiring to distribute powder and crack cocaine, and four counts of possession with intent to distribute the drugs and use of a telephone to further the drug activity.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge Robert Brisolari of the Drug Enforcement Administration - Washington Field Division; Acting Assistant Director in Charge Debra Evans Smith of the Federal Bureau of Investigation - Washington Field Office; Acting Special Agent in Charge Sheila Olander of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; Chief Mark A. Magaw of the Prince George’s County Police Department; and Prince George’s County State’s Attorney Angela D. Alsobrooks.
According to evidence presented during the six-day trial, from June 2010 to September 2011, Eccleston purchased ounce quantities of powder cocaine from his suppliers in the Kentlands area of Prince George’s County, Maryland, including a crack house located at the Eaton Square apartment complex on Sheriff Road in Landover, Maryland. Eccleston socialized with co-conspirators who also sold crack cocaine and knew of such sales. The jury had found Eccleston responsible for re-distributing between 500 grams and five kilograms of powder cocaine and 28 grams of crack cocaine per month during the 16 month conspiracy, using a telephone at times to arrange the drug sales.
A cooperating witnesses testified that Eccleston had assaulted him and threatened the cooperator’s family unless the cooperating witness agreed to lie to the jury and testify that Eccleston was only a user of cocaine and not a distributor. Judge Williams also enhanced Eccleston’s sentence upon finding that he obstructed justice.
United States Attorney Rod J. Rosenstein commended the DEA, FBI, IRS - Criminal Investigation, Prince George’s County Police Department and Prince George’s County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorneys David I. Salem and Jonathan Lenzner, who prosecuted this Organized Crime Drug Enforcement Task Force case.
KC Man Sentenced for Attempting to Carry Loaded Handgun onto AirplaneRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for attempting to board an aircraft with a concealed dangerous weapon after a loaded handgun was discovered by screeners in his carry-on luggage at Kansas City International Airport.
Anthony Winn, 27, of Kansas City, was sentenced by U.S. Chief District Judge Fernando J. Gaitan to six years in federal prison without parole.
Winn pleaded guilty on May 25, 2012, to attempting to get on an aircraft with a concealed dangerous weapon. He also acknowledged that he was a felon who illegally possessed the firearm, a Glock 9mm handgun with 22 live rounds of ammunition in the magazine and one live round of ammunition in the chamber. Winn has several felony convictions including unlawful use of a weapon, attempted first degree burglary, first degree burglary and second degree burglary.
An x-ray machine operator at the Delta terminal at Kansas City International Airport saw Winn place his carry-on bag on the x-ray belt to be examined by Firstline Security screeners on Dec. 28, 2011. The x-ray machine operator observed on the monitor what he believed to be the image of a loaded firearm inside the carry-on bag. Officers with the Kansas City International Airport Police were contacted and found the firearm when they inspected Winn's bag.
Winn was arrested and searched; officers removed $4,906 from his pants pockets, along with boarding passes to travel one-way from Kansas City, Mo., to Minneapolis, Minn., then to Tucson, Ariz. Kansas City, Mo., police officers later found $26,515 in various pockets of three pairs of men's jeans that were in the carry-on bag.
This case was prosecuted by Assistant U.S. Attorney Justin G. Davids. It was investigated by the Kansas City International Airport Police, the Kansas City, Mo., Police Department, the Department of Homeland Security and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Illegal Alien Sentenced for Drug Trafficking in East TexasRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A 38-year-old El Salvadorian man illegally living in Tyler, Texas, was sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Francisco Antonio Soriano pleaded guilty on Sep. 21, 2012, to conspiracy to possess with intent to distribute methamphetamine and was sentenced to 120 months in federal prison today by U.S. District Judge Michael H. Schneider. Soriano will be deported following the completion of his prison term.
According to information presented in court, beginning on Dec. 14, 2011, Soriano conspired with others to acquire and distribute methamphetamine in the Eastern District of Texas. Soriano admitted he was responsible for the distribution of more than 500 grams of pure methamphetamine.
Soriano, Jose Lopez, and Jorge Perez Sanchez were indicted by a federal grand jury on Jan. 11, 2012 and charged with drug trafficking violations. Lopez was sentenced to 168 months in federal prison on Oct. 1, 2012. Sanchez was sentenced to 30 months in federal prison on Oct. 1, 2012.
This case is the result of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was investigated by the Drug Enforcement Administration, the Tyler Police Department, and the Smith County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Bill Baldwin. ####Husband and Wife Sentenced on Fraud ChargesRead the Press Release
ROANOKE, VIRGINIA -- A local husband and wife who admitted to committing fraud and stealing the identities of others were sentenced today in the United States District Court for the Western District of Virginia in Roanoke.
Michelle A. Ferguson and William J. Ferguson Jr., both of Roanoke, Va., each previously pled guilty to one count of conspiracy to commit fraud. In addition, Michelle Ferguson pled guilty to one count of aggravated identity theft. Today in District Court, Michelle Ferguson was sentenced to a total of 29 months in Federal prison. William Ferguson was sentenced to a total of 14 months in Federal prison.
“Mr. and Mrs. Ferguson lied to their clients and used the stolen the identities of innocent people for their own financial gain.,” United States Attorney Timothy J. Heaphy said today. “They abused their positions as tax preparers for their own selfish greed.”
“Return preparer fraud and identity theft is a blight against our nation’s communities and threatens the veracity of our tax system,” said Sheila Olander, Acting Special Agent in Charge, IRS Criminal Investigation, Washington DC Field Office. “The Ferguson’s had a duty to their clients to protect their personal identifying information and to comply with the tax law. Today’s sentence serves as a reminder that all tax professionals have to respect the law and safe guard the financial interests of their clients’ and the taxpaying public.”
According to evidence presented at various hearing by Assistant United States Attorney C. Patrick Hogeboom III, the Fergusons operated a tax return preparation business out of their Roanoke home and committed fraud in two specific manners.
When meeting with clients face-to-face to prepare their taxes, the Fergusons would have their clients sign the return without reviewing its contents. The returns were set-up to have any refunds deposited directly into an account controlled by the defendants. To maximum refunds, Mr. and Mrs. Ferguson, without the knowledge of their clients, would include phony Schedule C's, Profit and Loss from Business to the returns. The Schedule C's would overstate income and deductions in order to maximize the amount of the false claim for refund. Once the tax refund was received by the defendants, they would write a check to each client for a fraction of the total refund received.
In addition, the defendants filed false tax returns using Social Security Numbers which had been stolen. Again, to maximize refunds, the defendants included phony Schedule C Businesses on the returns. However, the individuals who had their identity stolen did not receive any portion of the criminal proceeds obtained through the false claim for refund.
The investigation of the case was conducted by the Internal Revenue Service Criminal Investigations and the Social Security Administration. Assistant United States Attorney C. Patrick Hogeboom prosecuted the case for the United States.
Huntington Man Pleads Guilty to Federal Heroin ChargeRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Huntington man pleaded guilty to aiding and abetting the possession with intent to distribute a quantity of heroin. Stephen Michael Hopkins, 36, of Huntington, admitted to the charge in federal court on Jan. 30.
On March 16, 2011, officers with the Charleston Police Department responded to a call near the 2600 block of 6th Avenue in Charleston. Upon arriving at the scene, officers approached Hopkins and his known associate. Both Hopkins and his associate were sitting inside of a parked vehicle at the time. A responding officer asked Hopkins and his associate to step out of the vehicle. Hopkins, who admitted that he refused to obey the order given by law enforcement, turned the vehicle on and drove away. Law enforcement officers pursued the defendant and his associate as they fled. During the pursuit, Hopkins lost control of his vehicle and crashed at the intersection of 7th Street and Iowa Street in Charleston. Hopkins and his associate attempted to flee on foot, but were eventually arrested by officers. Officers conducted a search of the vehicle and recovered a plastic bag underneath the driver’s seat of the vehicle. The bag contained $10,920 in cash, suspected heroin, and suspected marijuana. The suspected heroin was submitted to the West Virginia State Police lab for testing and was found to be heroin weighing 26.6 grams.
Hopkins faces up to 20 years in prison and a $1 million fine when he is sentenced on May 2, 2013 by United States District Judge John T. Copenhaver, Jr.
The Charleston Police Department conducted the investigation. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution.