Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
8 January 2013
Federal Inmate Pleads Guilty in PennsylvaniaRead the Press Release
To Premeditated Prison Murder
A federal inmate formerly held in Pennsylvania’s Allenwood Federal Correctional Complex pleaded guilty today in Harrisburg, Pa., before U.S. District Judge Yvette Kane, to first degree murder for stabbing and kicking a fellow inmate to death.
U.S. Attorney for the Middle District of Pennsylvania Peter J. Smith and Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division announced the plea, entered today by Shawn Cooya, 33, formerly of White River, Ariz.
According to documents filed in this case and Cooya’s admissions in court, in September 2005, Cooya, allegedly along with co-defendant Ritz Williams – another inmate at Allenwood in White Deer, Pa. – aided each other in the premeditated murder of inmate Alvin Allery by repeatedly stabbing him with a homemade knife and repeatedly kicking him in the head and torso.
Cooya and Williams were indicted by a federal grand jury in Williamsport in February 2008 and a superseding indictment was returned in July 2009.
As a result of his plea, Cooya faces a mandatory sentence of life in prison. Sentencing has been scheduled for March 18, 2013.
A trial date for Williams has been scheduled for April 15, 2013. He is considered innocent unless and until proven guilty.
The case was investigated by the FBI, Williamsport, Pa., Resident Agency and the Federal Bureau of Prisons. The case is being prosecuted by Assistant U.S. Attorneys Wayne Samuelson and Michelle Olshefski of the Middle District of Pennsylvania and Michael Warbel of the Criminal Division’s Capital Case Unit.
Federal Inmate Charged with Assaulting A Correctional OfficerRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that an inmate at the United States Penitentiary at Canaan, Pennsylvania, has been charged in a two-count indictment returned today by a federal grand jury in Scranton, Pennsylvania.
According to United States Attorney Peter J. Smith, the indictment alleges that Jose Montalban assaulted a correctional officer with a dangerous weapon. The correctional officer suffered facial wounds which required nine sutures. A second count of the indictment alleges that Montelban, while having the status of an inmate, knowingly possessed a prohibited object, that is, a sharpened weapon commonly known as a "shiv" or "shank."
The case was investigated by the FBI and the Special Investigation Section at USP-Canaan. Prosecution has been assigned to Assistant United States Attorney John Gurganus.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Fci Danbury Prisoner Admits Assaulting Another InmateRead the Press Release
January 8, 2013David B. Fein, United States Attorney for the District of Connecticut, announced that PATRICIA A. BROWN, 22, a prisoner at the Federal Correctional Institution (FCI) in Danbury, pleaded guilty today before United States Magistrate Judge Donna F. Martinez in Hartford to one count of assault with a dangerous weapon.
According to court documents and statements made in court, on May 4, 2012, BROWN assaulted another Danbury FCI inmate with two padlocks placed in a white athletic sock. The victim suffered a laceration close to her right ear and required three stitches to close the wound, and also suffered from headaches.
BROWN is scheduled to be sentenced by United States District Judge Robert N. Chatigny on April 4, 2013, at which time BROWN faces a maximum term of imprisonment of 10 years and a fine of up to $250,000.
BROWN is currently serving a 30-year sentence after having been convicted of murder in 2009 in the District of Minnesota.
This case is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Neeraj N. Patel and Special Assistant United States Attorney Anjna R. Kapoor.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Fargo Man Sentenced to Life Imprisonment for Drug Trafficking and Aiding and Abetting a Robbery in Furtherance of the Drug TraffickingRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on Jan. 8, 2013, Fred Miles Thompson of Fargo, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on charges of drug trafficking and aiding and abetting a robbery in furtherance of the drug trafficking.
Judge Erickson sentenced Thompson to 40 years’ imprisonment on the drug conspiracy charge and to life imprisonment on the aiding and abetting a robbery charge in furtherance of drug trafficking. The life sentence is to run consecutive to the 40 year sentence.
Thompson, 55, pleaded guilty on Oct. 4, 2012, to distributing methamphetamine in the Fargo area and admitted to distributing more than 50 grams but less than 200 grams of a mixture containing methamphetamine during the course of the conspiracy.
In furtherance of the drug trafficking conspiracy, Thompson admitted to aiding and abetting the use of a firearm by requesting Steve Gibson, Mason Peet and Charles Butcher to commit the robbery of the Stop-N-Go at 23rd Street South in Fargo on Oct. 26, 2011.
The investigation revealed that Gibson, Peet and Butcher used a .22 caliber rifle during the robbery.
The incidents occurred from January through December of 2011 in the District of North Dakota.
Steve Gibson pleaded guilty in Cass County District Court to criminal conspiracy and was sentenced to four years’ imprisonment. Mason Peet pleaded guilty in Cass County District Court to robbery and terrorizing and was sentenced to four years’ imprisonment. Charles Butcher was convicted of criminal conspiracy by a jury on June 20, 2012, in Cass County District Court and was sentenced to 10 years’ imprisonment.
The case was investigated by the Drug Enforcement Administration, North Dakota Bureau of Criminal Investigation, Cass County Drug Task Force, and the Fargo Police Department.
Assistant U.S. Attorneys Chris Myers and Tara Iversen prosecuted the case.
Eugene Woman Pleads Guilty to Selling more than 5,000 Illegally Obtained Sprint Cellphones Through the InternetRead the Press Release
EUGENE, OREGON - On January 8, 2013, Tamara Diane Brown, 41, of Eugene, Oregon, entered a guilty plea in U.S. District Court in Eugene, admitting her involvement in a scheme to sell illegally obtained cellphones through the internet.
In court papers, Brown admitted that while working as an employee of The Pape Group, Inc. in Eugene, she used her corporate authority to order large quantities of Sprint cellphones, which she then diverted and had delivered to her home and the home of her friend. Brown then sold the devices on eBay. The scheme to defraud The Pape Group, Inc. and Sprint took place between February 2010 and October 2011. Brown admitted that during the scheme, she improperly ordered 5,107 cellphones and obtained more than $305,000 from selling them. Brown admitted that she deposited the profits into her personal bank account and spent the proceeds by making a down payment on a residence, for vehicles and other expenses. The Pape Group, Inc. and Sprint were unaware of the fraud during the time it was occurring.
Brown pleaded guilty to one count of mail fraud, which is a felony punishable by up to twenty years in prison. Brown also agreed to pay restitution and forfeit all of the money she made from her scheme.
Chief U.S. District Judge Ann Aiken presided over the case and will sentence Brown on March 20, 2013. The case was investigated by the FBI and is being prosecuted by Assistant U. S. Attorney Chris Cardani.
Eugene Bank Robber Sentenced to 71 Months in Federal PrisonRead the Press Release
EUGENE, Ore. - On January 8, 2013, Ryan Lee Hayes, 26, was sentenced by U.S. District Chief Judge Ann Aiken to serve 71 months in federal prison for bank robbery. Upon his release from prison, Hayes will be on supervised release for three years and was ordered by the court to pay restitution in the amount of $1,300.00.
On July 30, 2012, Hayes walked into the Wells Fargo Bank at 99 East Broadway in Eugene, handed the teller a note that explained he was robbing the bank, and demanded that the teller not do anything funny. Hayes left the bank with $1,300.
Prior to the bank robbery, Hayes had committed a string of thefts from local businesses such as REI and Hutch's Bicycle Shop.
This case was investigated by the FBI and the Eugene Police Department, and was prosecuted by Assistant U.S. Attorney Nathan J. Lichvarcik. Hayes' theft cases are being prosecuted by the Lane County District Attorney's Office.
El Wicho Pleads Guilty…AgainRead the Press Release
BROWNSVILLE, Texas – Jose Luis Zuniga-Hernandez, 44, of Control, Tamaulipas, Mexico, has been convicted of being an alien found within the United States after deportation and being an alien in possession of a firearm, United States Attorney Kenneth Magidson announced today. Zuniga-Hernandez aka “El Wicho” was previously convicted in January 2012, but was later permitted to withdraw that plea.
Today, he again entered a guilty plea before U.S. District Judge Andrew S. Hanen, admitting he had entered the United States illegally after he had been previously deported from the United States on Aug. 8, 1997. Prior to his deportation, Zuniga had been convicted of possession with intent to distribute marijuana on Feb. 14, 1990. Zuniga also admitted that at the time of his arrest he was in possession of a customized gold, diamond and ruby encrusted Colt 38 Super handgun.
Zuniga-Hernandez has been in jail since his arrest on Oct. 26, 2011, where he will remain pending his sentencing hearing, which Judge Hanen has set for Jan. 24, 2013. At that time, he faces up to 20 years in prison for being found in the United States after deportation conviction in addition to a 10-year-term for being an alien in possession of a firearm. Each of these two convictions also carries a maximum fine of $250,000.
The investigation leading to the charges was conducted by Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Angel Castro.
El Paso, Texas, Truck Driver Admits Committing Armed Bank Robbery of First Bank Texas in AbileneRead the Press Release
Defendant Faces Up to Life in Prison
ABILENE, Texas — Frank Esparza, Sr., 40, of El Paso, Texas, appeared today before U.S. Magistrate Judge E. Scott Frost and admitted committing the September 27, 2012, armed robbery of First Bank Texas (FBT), SSB, in Abilene, Texas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Specifically, Esparza pleaded guilty to one count of armed bank robbery and one count of using and carrying a firearm during and in relation to a crime of violence. The armed bank robbery count carries a maximum statutory penalty of 25 years in federal prison and a $250,000 fine, and the firearm count requires imprisonment for a period of not less than seven years and up to life, and a $250,000 fine. Esparza remains in federal custody; a sentencing date was not set.
According to plea papers filed in the case, at approximately 4:30 p.m. on September 27, 2012, a Hispanic male wearing a dark hooded jacket, sunglasses and a ski mask, who was later identified as Esparza, entered FBT and approached the teller counter. Esparza pointed a .25 caliber pistol at the tellers and said: “you know what this is.” Esparza then walked behind the teller counter, held up a plastic grocery bag, and demanded money from the tellers. The tellers gave Esparza the money and he said: “thank you ladies, I did not want anyone to get hurt.” As he began to exit the bank, an FDIC auditor was also leaving the bank and Esparza pointed the pistol at the auditor and told him not to say anything. Esparza then fled the scene.
The plea papers also state that Esparza was driving an 18-wheeled tractor-trailer to Lubbock when it broke down in Abilene and that his son and a friend picked him up. Esparza said he decided to rob a bank because he needed a quick way to obtain money. His son and the friend took him to a bank, but it was closed when Esparza tried to go inside and rob it. They then took him to FBT, where, after his son went inside the bank to get an idea of what was inside, Esparza entered the bank and robbed it, using a .25 caliber pistol he had acquired earlier in the day.
The investigation is being conducted by the FBI and the Abilene Police Department. Assistant U.S. Attorney Jeffrey R. Haag, of the U.S. Attorney’s Office in Lubbock, Texas, is in charge of the prosecution.
Dreamboard Member Sentenced to 45 Years in Prison for Participating in International Criminal Network Organized to Sexually Exploit ChildrenRead the Press Release
A Massachusetts man was sentenced today to serve 45 years in prison for his participation in an international criminal network, known as Dreamboard, dedicated to the sexual abuse of children and the creation and dissemination of graphic images and videos of child sexual abuse throughout the world, announced Assistant Attorney General Lanny A. Breuer of the Justice Department's Criminal Division, U.S. Attorney Stephanie Finley of the Western District of Louisiana and Raymond R. Parmer, Special Agent In Charge of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) in New Orleans.
David Ettlinger, aka ee1, 35, of Newton, Mass., was sentenced by U.S. District Judge Maurice Hicks in the Western District of Louisiana. In addition to his prison term, Ettlinger was sentenced to lifetime supervised release.
David Ettlinger will spend 45 years in prison for his role in a horrific international conspiracy to sexually exploit young children, said Assistant Attorney General Breuer. Ettlinger participated in a criminal online community that encouraged members to regularly produce content depicting extreme sexual abuse of children. The members of Dreamboard attempted to evade law enforcement by disguising their locations, but today's sentencing is a strong reminder that the department is dedicated to working with its law enforcement partners to track down child predators who seek to take advantage of our most vulnerable citizens.
U.S. Attorney Finley said, sexual abuse is a growing problem around the world, and it has devastating consequences for the victimized children. Child pornography on the internet is another growing problem. In addition to the abuse these children suffer, images of the abuse circulate worldwide across the internet for many years, repeating the abuse. Children should not be victims. This sentence sends a strong message to people who abuse children that they will pay a heavy price for their actions. My office, along with our federal, state and local partners, remains committed to protecting children by aggressively pursuing, prosecuting and punishing those who seek to exploit them.
The sexual abuse of an innocent child by a teacher is one of the most heartbreaking violations of trust imaginable, said HSI New Orleans Special Agent in Charge Parmer. Investigating and prosecuting the perpetrators of these horrendous crimes is one of our highest priorities and today's sentencing ensures this predator will never again have the opportunity to harm another child.
On Aug. 15, 2012, Ettlinger pleaded guilty to one count of engaging in a child exploitation enterprise. Evidence presented in court documents and at sentencing revealed that Ettlinger, a former elementary school teacher in Newton, Mass., had been an active member of Dreamboard, an online child pornography bulletin board, since 2009.
Ettlinger was charged in an indictment unsealed on Aug. 3, 2011. The charges against Ettlinger are the result of Operation Delego, an ongoing investigation launched in December 2009 that targeted individuals around the world for their participation in Dreamboard. Dreamboard was a private, members-only, online bulletin board that was created and operated to promote pedophilia and encourage the sexual abuse of very young children, in an environment designed to avoid law enforcement detection.
A total of 72 individuals, including Ettlinger, have been charged as a result of Operation Delego. To date, 57 of the 72 charged defendants have been arrested in the United States and abroad. Forty-five individuals have pleaded guilty, and one was convicted after trial. Forty-two of the 45 individuals who have pleaded guilty for their roles in the conspiracy have been sentenced to prison and have received sentences ranging between 10 years and life in prison. Fifteen of the 72 charged individuals remain at large and are known only by their online identities. Efforts to identify and apprehend these individuals continue. Operation Delego represents the largest prosecution to date in the United States of individuals who participated in an online bulletin board conceived and operated for the sole purpose of promoting child sexual abuse, disseminating child pornography and evading law enforcement.
Ettlinger and other Dreamboard members traded graphic images and videos of adults molesting children 12 years-old and under, often violently, and collectively created a massive private library of images of child sexual abuse. The international group prized and encouraged the creation of new images and videos of child sexual abuse.
Dreamboard members employed a variety of measures designed to conceal their criminal activity from detection by law enforcement. Members communicated using aliases or 'screen names, rather than their actual names. Links to child pornography posted on Dreamboard were required to be encrypted with a password that was shared only with other members. Members accessed the board via proxy servers, which routed internet traffic through other computers so as to disguise a user's actual location and prevent law enforcement from tracing internet activity. Dreamboard members also encouraged the use of encryption programs on their computers, which password-protect computer files to prevent law enforcement from accessing them in the event of a court-authorized search.
Membership was tightly controlled by the administrators of the bulletin board, who required prospective members to upload child pornography portraying children 12 years of age or younger when applying for membership. Once they were given access, members were required continually to upload images of child sexual abuse in order to maintain membership. Members who failed to follow this rule would be expelled from the group.
Operation Delego involved extensive international cooperation to identify and apprehend Dreamboard members abroad. Through coordination between ICE; the Department of Justice; Eurojust, the European Union's Judicial Cooperation Unit; and dozens of law enforcement agencies throughout the world, 20 Dreamboard members across five continents and 14 countries have been arrested to date outside the United States, including two of the five lead administrators of the board. Those countries include Canada, Denmark, Ecuador, France, Germany, Guatemala, Hungary, Kenya, the Netherlands, the Philippines, Qatar, Serbia, Sweden and Switzerland. Numerous foreign investigations related to Operation Delego remain ongoing. The location and arrest of Dreamboard members abroad have led to the capture and investigation of other global targets.
Evidence obtained during the operation revealed that at least 38 children across the world were suffering sexual abuse at the hands of the members of the group. Efforts by federal, state, local and international law enforcement to locate and identify the victims of sexual abuse and exploitation by Dreamboard members are ongoing.
Operation Delego is a spinoff investigation from leads developed through Operation Nest Egg, the prosecution of another online group dedicated to the sharing and dissemination of child pornography. Operation Nest Egg was a spinoff investigation developed from leads related to another international investigation, Operation Joint Hammer, which targeted transnational rings of child pornography trafficking.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys offices and the 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 as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case is being prosecuted by Assistant U.S. Attorney John Luke Walker of the Western District of Louisiana and Trial Attorney Keith Becker of CEOS. The Criminal Division's Office of International Affairs provided substantial assistance. The investigation was conducted by ICE-Homeland Security Investigations, the Child Exploitation Section of ICE's Cyber Crime Center, CEOS, CEOS's High Technology Investigative Unit and 35 ICE offices in the United States and 11 ICE attaches offices in 13 countries around the world, with assistance provided by numerous local and international law enforcement agencies across the United States and throughout the world.
The investigation was part of Operation Predator, a nationwide ICE initiative to identify, investigate and arrest those who prey on children, including human traffickers, international sex tourists, Internet pornographers and foreign-national predators whose crimes make them deportable.
ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators.
Dreamboard Member Sentenced to 45 Years in Prison for Participating in International Criminal Network Organized to Sexually Exploit ChildrenRead the Press Release
Shreveport, La.: United States Attorney Stephanie A. Finley announced today that a Massachusetts man was sentenced to serve 45 years in prison for his participation in an international criminal network, known as Dreamboard, which was dedicated to the sexual abuse of children and the creation and dissemination of graphic images and videos of child sexual abuse throughout the world.
David Ettlinger, aka "ee1," 35, of Newton, Mass., was sentenced by U.S. District Judge Maurice Hicks in the Western District of Louisiana. In addition to his prison term, Ettlinger was sentenced to lifetime supervised release.
“David Ettlinger will spend 45 years in prison for his role in a horrific international conspiracy to sexually exploit young children,” said Assistant Attorney General Breuer. “Ettlinger participated in a criminal online community that encouraged members to regularly produce content depicting extreme sexual abuse of children. The members of Dreamboard attempted to evade law enforcement by disguising their locations, but today's sentencing is a strong reminder that the department is dedicated to working with its law enforcement partners to track down child predators who seek to take advantage of our most vulnerable citizens.”
United States Attorney Finley said, “Sexual abuse is a growing problem around the world, and it has devastating consequences for the victimized children. Child pornography on the internet is another growing problem. In addition to the abuse these children suffer, images of the abuse circulate worldwide across the internet for many years, repeating the abuse. Children should not be victims. This sentence sends a strong message to people who abuse children that they will pay a heavy price for their actions. My office, along with our federal, state and local partners, remains committed to protecting children by aggressively pursuing, prosecuting and punishing those who seek to exploit them.”
“The sexual abuse of an innocent child by a teacher is one of the most heartbreaking violations of trust imaginable,” said HSI New Orleans Special Agent in Charge Parmer. “Investigating and prosecuting the perpetrators of these horrendous crimes is one of our highest priorities and today's sentencing ensures this predator will never again have the opportunity to harm another child.”
On August 15, 2012, Ettlinger pleaded guilty to one count of engaging in a child exploitation enterprise. Evidence presented in court revealed that Ettlinger, a former elementary school teacher in Newton, Mass., had been an active member of Dreamboard, an online child pornography bulletin board, since 2009.
Ettlinger was charged in an indictment unsealed on August 3, 2011. The charges against Ettlinger are the result of Operation Delego, an ongoing investigation launched in December 2009 that targeted individuals around the world for their participation in Dreamboard. Dreamboard was a private, members-only, online bulletin board that was created and operated to promote pedophilia and encourage the sexual abuse of very young children, in an environment designed to avoid law enforcement detection.
A total of 72 individuals, including Ettlinger, have been charged as a result of Operation Delego. To date, 57 of the 72 charged defendants have been arrested in the United States and abroad. Forty-five individuals have pleaded guilty, and one was convicted after trial. Forty-two of the 45 individuals who have pleaded guilty for their roles in the conspiracy have been sentenced to prison and have received sentences ranging between 10 years to life in prison. Three defendants have received life sentences, to include the one defendant who was convicted at trial. Fifteen of the 72 charged individuals remain at large and are known only by their online identities. Efforts to identify and apprehend these individuals continue. Operation Delego represents the largest prosecution to date in the United States of individuals who participated in an online bulletin board conceived and operated for the sole purpose of promoting child sexual abuse, disseminating child pornography and evading law enforcement.
Ettlinger and other Dreamboard members traded graphic images and videos of adults molesting children 12 years-old and under, often violently, and collectively created a massive private library of images of child sexual abuse. The international group prized and encouraged the creation of new images and videos of child sexual abuse.
Dreamboard members employed a variety of measures designed to conceal their criminal activity from detection by law enforcement. Members communicated using aliases or "screen names," rather than their actual names. Links to child pornography posted on Dreamboard were required to be encrypted with a password that was shared only with other members. Members accessed the board via proxy servers, which routed internet traffic through other computers so as to disguise a user's actual location and prevent law enforcement from tracing internet activity. Dreamboard members also encouraged the use of encryption programs on their computers, which password-protect computer files to prevent law enforcement from accessing them in the event of a court-authorized search.
Membership was tightly controlled by the administrators of the bulletin board, who required prospective members to upload child pornography portraying children 12 years of age or younger when applying for membership. Once they were given access, members were required continually to upload images of child sexual abuse in order to maintain membership. Members who failed to follow this rule would be expelled from the group.
Operation Delego involved extensive international cooperation to identify and apprehend Dreamboard members abroad. Through coordination between ICE; the Department of Justice; Eurojust, the European Union's Judicial Cooperation Unit; and dozens of law enforcement agencies throughout the world, 20 Dreamboard members across five continents and 14 countries have been arrested to date outside the United States, including two of the five lead administrators of the board. Those countries include Canada, Denmark, Ecuador, France, Germany, Guatemala, Hungary, Kenya, the Netherlands, the Philippines, Qatar, Serbia, Sweden and Switzerland. Numerous foreign investigations related to Operation Delego remain ongoing. The location and arrest of Dreamboard members abroad have led to the capture and investigation of other global targets.
Evidence obtained during the operation revealed that at least 38 children across the world were suffering sexual abuse at the hands of the members of the group. Efforts by federal, state, local and international law enforcement to locate and identify the victims of sexual abuse and exploitation by Dreamboard members are ongoing.
Operation Delego is a spinoff investigation from leads developed through "Operation Nest Egg," the prosecution of another online group dedicated to the sharing and dissemination of child pornography. Operation Nest Egg was a spinoff investigation developed from leads related to another international investigation, "Operation Joint Hammer," which targeted transnational rings of child pornography trafficking.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' offices and the 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 as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case is being prosecuted by Assistant U.S. Attorney John Luke Walker of the Western District of Louisiana and Trial Attorney Keith Becker of CEOS. The Criminal Division's Office of International Affairs provided substantial assistance. The investigation was conducted by ICE-Homeland Security Investigations, the Child Exploitation Section of ICE's Cyber Crime Center, CEOS, CEOS's High Technology Investigative Unit and 35 ICE offices in the United States and 11 ICE attaches offices in 13 countries around the world, with assistance provided by numerous local and international law enforcement agencies across the United States and throughout the world.
The investigation was part of Operation Predator, a nationwide ICE initiative to identify, investigate and arrest those who prey on children, including human traffickers, international sex tourists, Internet pornographers and foreign-national predators whose crimes make them deportable.
ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators.
United States Attorney Stephanie Finley is available for comment and can be reached at (337) 262-6618.
Doctor and Wife Guilty of Tax Evasion; Millions of Amphetamine-based Pills Illegally Dispensed at Area Weight Loss ClinicsRead the Press Release
HAMMOND, Ind. — A physician who owned weight loss clinics in northwest Indiana and south suburban Chicago pleaded guilty to illegally dispensing millions of pills containing amphetamine-based controlled substances to patients, and he and his wife also pleaded guilty to federal tax evasion relating to their operation of the clinics, federal law enforcement officials announced today. The defendants, DR. RAKESH ANAND and MEENA ANAND, who owned and managed Doctors Weight Loss Clinics in Merrillville, Ind., and Tinley Park and Orland Park in Illinois, also agreed to forfeiture and restitution totaling nearly $5.2 million.
Rakesh Anand, 57, a licensed physician in Indiana and Illinois, and Meena Anand, 53, both of Tinley Park, entered their guilty pleas yesterday before U.S. District Judge Joseph S. Van Bokkelen in Federal Court in Hammond. The U.S. Attorney’s Office in Chicago is handling the prosecution in the Northern District of Indiana. Judge Van Bokkelen accepted the couple’s guilty pleas to tax evasion and deferred accepting Rakesh Anand’s guilty plea to conspiracy to distribute controlled substances until sentencing, which was scheduled for March 20. The defendants remain free on bond while awaiting sentencing, but the judge yesterday added electronic monitoring to the conditions of Rakesh Anand’s release.
Rakesh Anand’s plea agreement contemplates an advisory federal sentencing guidelines range of 46 to 57 months in prison, while Meena Anand’s plea agreement contemplates a range of 30 to 37 months. Tax evasion carries a maximum penalty of five years in prison and a $250,000 fine, as well as mandatory costs of prosecution. Defendants convicted of tax offenses also remain civilly liable to the Government for any and all back taxes and a civil fraud penalty of up to 75 percent of the underpayment plus interest. Rakesh Anand also faces a maximum of 10 years in prison and a $500,000 fine for conspiracy to distribute controlled substances. On both counts, the court may impose an alternative fine totaling twice the gross gain or loss resulting from the crimes, whichever is greater.
As part of their plea agreements, the Anands agreed to pay restitution of $745,872 to the Internal Revenue Service for taxes they owed on nearly $2 million of unreported income between 2005 and 2008. The restitution is to be paid from funds frozen in a brokerage account when the Anands were indicted in August 2011. In addition, they agreed to forfeit more than $4.45 million in additional funds that were frozen or seized during the investigation, bringing to nearly $5.2 million the total amount of funds being applied to forfeiture and restitution.
Rakesh Anand admitted that between January 2002 and February 2010, he and another physician, Dr. Dinesh Saraiya, purchased and dispensed more than 1 million pills containing Phendimetrazine, a Schedule III controlled substance, and more than 3 million pills containing Phentermine, a Schedule IV controlled substance, and the Anands grossed more than $5 million from their operation of the three weight loss clinics.
(Saraiya, 75, of Tinley Park, cooperated in the case and is awaiting sentencing after pleading guilty in Federal Court in Chicago to conspiracy to distribute controlled substances.)
According to Rakesh Anand’s plea agreement, between 2002 and February 2010, he hired Saraiya, who agreed with him to illegally dispense the amphetamine-based controlled substances as weight loss medications to patients without performing physical examinations or any medical tests, and without reviewing patients’ records, obtaining a complete medical history, or providing any subsequent monitoring. In return, Rakesh Anand paid Saraiya based on how many patients he saw and how many pills he dispensed to patients on a daily basis. In dispensing the medications, Rakesh Anand and Saraiya failed to determine whether patients had first made a reasonable effort to lose weight through diet and exercise, a prerequisite to prescribing controlled substances for weight loss. In some instances, Rakesh Anand employed clerks to dispense the controlled substances even though he was not present and had not consulted with them.
During the course of the investigation, several undercover law enforcement agents, including two with slight builds and body mass indexes well below the obesity level, purchased controlled substances at the clinics without any of the appropriate medical protocols.
The guilty pleas were announced by Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois. The investigation was conducted by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation Division, the Food and Drug Administration and the Indiana State Police.
The government is being represented by Assistant U.S. Attorneys Matthew Schneider, Diane Berkowitz, and Orest Szewciw.
Meena Anand Plea Agreement
Rakesh Anand Plea AgreementDistrict Man Pleads Guilty to Shooting High-Powered Rifle in Broad Daylight Attack in Southeast Washington-Early Cooperation from Community Helped Close Case-Read the Press Release
WASHINGTON –Nathaniel Carter, 34, of Washington, D.C., has pled guilty to charges stemming from a shooting that took place in broad daylight in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.
Carter pled guilty on Jan. 4, 2013, in the Superior Court of the District of Columbia, to charges of assault with a dangerous weapon and possession of a firearm during a crime of violence. The Honorable Lynn Leibovitz scheduled sentencing for March 8, 2013. Carter faces up to 15 years in prison for the offenses.
According to the government’s evidence, the shooting took place at 9:30 a.m. on Dec. 14, 2011, in an apartment community in the 3400 block of 13th Place SE. Carter fired six shots from a high-powered rifle at another man who tried to flee from the gunfire. The dispute stemmed from an alleged altercation that occurred between the two men in 2009. The men had largely avoided each other until a verbal altercation on the morning of the shooting. No one was injured by the gunfire, including numerous innocent bystanders who were in the area at the time of the shooting. At least one round pierced an apartment door, striking the steps inside.
Detectives from the Metropolitan Police Department (MPD), acting on information from the community, quickly located the firearm and other hidden evidence from the crime scene.
In announcing the guilty plea, U.S. Attorney Machen commended the detectives of MPD’s Seventh District who were involved in the arrest and investigation of this case, as well as the members of the community whose cooperation led to the successful prosecution of this case. Finally, U.S. Attorney Machen expressed his appreciation to paralegals D’Yvonne Key, Richard Cheatham, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the case.
13-002
District Man Pleads Guilty to Felony Charges in Armed Robbery and Shooting-One of the Victims Shot Multiple Times, yet Survived-Read the Press Release
WASHINGTON –Darius Joshua, 19, of Washington, D.C., has pled guilty to charges stemming from a 2011 shooting in the Congress Park community of Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.
Joshua pled guilty on Jan. 7, 2013 in the Superior Court of the District of Columbia to charges of aggravated assault, attempted robbery, and carrying a pistol without a license. The Honorable William M. Jackson scheduled sentencing for March 1, 2013.
According to the government’s evidence, on June 21, 2011, at about 11 p.m., Joshua ambushed a man and a woman with a loaded handgun as the victims walked through a shortcut next to what used to be McGogney Elementary School in the 3400 block of Wheeler Road SE. He ordered the woman to the ground and put the gun to her head before robbing her and telling her to leave the scene. Joshua ordered the man to stay behind and then he shot him multiple times. The victim was rushed to a hospital for emergency surgery and survived the attack.
In announcing the guilty plea, U.S. Attorney Machen commended the efforts of the detectives of the Metropolitan Police Department’s Seventh District who investigated the case, as well as the members of the community whose cooperation led to the defendant’s prosecution. He also thanked those who worked on the case from the U.S. Attorney’s Office, including Jim Brennan, Tanya Via, Laverne Forrest, Debra Cannon, and Michael Hailey of the Victim Witness Assistance Unit; Paralegal Specialists D’Yvonne Key and Richard Cheatham, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the case.
13-003District Man Convicted of Sexually Assaulting Three Women Who Thought He Was A Taxicab Driver-Defendant Trapped Victims in His Fake Cab, Drove Them to Secluded Areas-Read the Press Release
WASHINGTON – A man who targeted his victims by pretending to be a taxicab driver has been found guilty by a jury of carrying out a series of sexual assaults against women who got into his vehicle as passengers, U.S. Attorney Ronald C. Machen Jr. announced today.
Emero Tornero, 32, of Washington, D.C., was found guilty on Jan. 7, 2013 of 16 charges after a trial in the Superior Court of the District of Columbia. The charges included multiple counts of kidnapping and sexual abuse with aggravating circumstances, as well as related firearms offenses. The Honorable Ronna L. Beck scheduled sentencing for March 13, 2013. For his crimes, Tornero faces a potential sentence of life imprisonment without the possibility of release.
According to the government’s evidence, Tornero, pretending to be a taxicab driver, picked up women who hailed his “taxicab” in a series of incidents from 2005 to 2008. He trapped them inside the vehicle, which was rigged so the back doors and windows would not open from the inside. Then he took the victims to secluded locations, where he raped them.
The first attack took place at about 11:30 a.m. on May 10, 2005. The victim, 23, was with her three-year-old daughter, heading to a relative’s house, when she hailed the defendant’s taxicab at 9th and N Streets NW. Tornero abducted and took the victim to a secluded area. He threw the child to the front seat and sexually assaulted the victim in the back seat.
The second incident took place at approximately 5:30 a.m. on Jan. 7, 2006. The victim, 25, hailed a taxicab driven by the defendant near 8100 New Hampshire Avenue in Montgomery County, Md., so that she would not be late to work. Tornero instead took her to a deserted parking lot in the District of Columbia, where he raped her at gun and knife point.
The third attack occurred at about 2 a.m. on Nov. 29, 2008. The victim, 29, came into the District of Columbia to have a girls’ night out with her sister. The victim became extremely intoxicated inside a nightclub in the downtown area. After leaving the club, she was separated from her sister. Still very intoxicated, the victim got into Tornero’s taxicab alone, with the intention of going home. The victim passed out during the ride and the defendant took her to a secluded area, where he raped her while she was unconscious.
The cases were investigated by the Metropolitan Police Department (MPD) and City of Alexandria Police Department (ACPD), but remained open and unsolved until the second and third sexual assaults were linked through the Combined DNA Index System (CODIS), along with a robbery of a man in June 2008, who worked at a bar in downtown Washington and who had hailed the defendant’s taxicab to take him home to Arlington, Va. The linkage of these crimes led MPD to identify Tornero as the suspect. MPD detectives obtained a sample of the defendant’s DNA, and it matched the DNA left behind by the assailant in 2006 and 2008.
“This guilty verdict demonstrates the power of DNA to help us capture and convict the most dangerous sex offenders,” said U.S. Attorney Machen. “Emero Tornero is a serial rapist whose shocking brutality forever changed the lives of three women who just needed a cab ride. Our community will be a safer place with this violent criminal behind bars.”
In a separate case, Tornero was found guilty by a jury in 2011 of charges stemming from a series of violent attacks that took place in 2008 against Maryland and Virginia taxicab drivers who were working in the District of Columbia, including one victim who was 78 years old. He was sentenced to a prison term of 24 years and three months for those crimes.
In announcing this week’s verdict, U.S. Attorney Machen commended the work of the detectives from the MPD’s Sexual Assault Unit and officers from the Third, Fourth and Fifth Districts and Forensic Science Division and the work of officers and detectives from ACPD. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Melissa Milam; Paralegal Specialists Troy Griffith, Jason Manuel and Kristy Penny; Victim Witness Specialists David Foster, Katina Adams-Washington and LaJune Thames, and Litigation Technology Specialists Jeanie Lattimore-Brown, Leif Hickling and Josh Ellen. Lastly, he thanked Assistant U.S. Attorney David Last, who investigated the case, and Assistant U.S. Attorneys Sharon Donovan and Lindsay Suttenberg, who co-tried the case.
13-004Detroit Doctor Pleads Guilty in Connection <br /> with Medicare Psychotherapy Fraud SchemeRead the Press Release
WASHINGTON – The Detroit doctor at the center of a $13.2 million psychotherapy fraud scheme, which used the Medicare information of mentally-disabled Detroit residents to defraud Medicare, pleaded guilty today for his role in the scheme, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade, Special Agent in Charge Robert D. Foley III of the FBI’s Detroit Field Office and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Chicago Regional Office.
Dr. Alphonso Berry, 51, of Orchard Lake, Mich., pleaded guilty before U.S. District Judge Stephen J. Murphy III in the Eastern District of Michigan to one count of conspiracy to commit health care fraud and five counts of health care fraud. Marcus Jenkins and Beth Jenkins , Dr. Berry’s co-conspirators in the scheme, pleaded guilty on Jan. 7 and Jan. 3, 2012, respectively, to the same charges for their roles in the scheme.
Dr. Berry admitted that he and others conspired to defraud Medicare through Quality Recreation & Rehabilitation LLC (QRR) and Procare Rehabilitation Inc. (Procare), two Detroit adult day care centers. Dr. Berry admitted that he created a Medicare provider number for these businesses to allow them to bill Medicare for psychotherapy in his name. According to court documents, the Medicare recipients at QRR and Procare were severely mentally-disabled residents of Detroit adult foster care homes. Dr. Berry admitted that, although he did not provide any psychotherapy to these patients at QRR and Procare, he signed psychotherapy progress notes that were used at these companies to submit psychotherapy claims to Medicare, including claims that he provided psychotherapy to a dead person.
Court documents allege that Dr. Berry and his co-conspirators used Dr. Berry’s Medicare number to submit more than 116,000 psychotherapy claims in his name, amounting to more than $8.2 million. From 2004 through 2011, QRR and Procare submitted more than 185,000 claims to Medicare totaling more than $13.2 million for group and individual psychotherapy that was not provided. According to court documents, Medicare paid $4,777,792 on these claims.
At sentencing, scheduled for April 26, 2013, Dr. Berry faces a maximum penalty of 60 years in prison and a $1,500,000 fine.
This case is being prosecuted by William G. Kanellis and Tarek Helou of the Criminal Division’s Fraud Section. It was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan.
Since its 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, is 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.
Deported Mexican Charged with Illegally Re-entering United StatesRead the Press Release
ERIE, Pa. - A resident of Mexico has been indicted by a federal grand jury in Erie on a charge of violating federal immigration laws, United States Attorney David J. Hickton announced today.
The one-count indictment named Miguel Angel Mejia-Ciciliano, 28, as the sole defendant.
According to the indictment presented to the court, on or about Dec. 19, 2012, Mejia-Ciciliano was found to be unlawfully present within the United States. Mejia-Ciciliano had been previously deported and removed from the United States on May 14, 2009. The defendant subsequently reentered the United States, and was found to be present in this country without the permission of the Secretary of the Department of Homeland Security.
The law provides for a maximum total sentence of two years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christine A. Sanner is prosecuting this case on behalf of the government.
The Bureau of Customs and Border Protection conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Cuban National Convicted in Conspiracy to Transport CocaineRead the Press Release
LAREDO, Texas – Rene Cardenas, 36, of Miami, Fla. Has pleaded guilty for his role in a conspiracy to transport five kilograms or more of cocaine, United States Attorney Kenneth Magidson announced today.
Cardenas was named in a sealed indictment returned by a grand jury on Aug. 28, 2012, which alleged a drug trafficking organization transported five kilograms or more of cocaine since 2008. The organization transported cocaine from Nuevo Laredo, Mexico, to Houston and Miami on a regular basis. Six others also charged are currently awaiting trial.
In the guilty plea, Cardenas admitted he was one of the individuals who further distributed the cocaine once it reached Miami and was also responsible for sending payment for the cocaine back to Laredo. One such shipment was recovered on May 25, 2010, when a truck driver was stopped with $422,001 and a drug ledger concealed in a compartment in the trailer’s rear axle.
Cardenas faces a mandatory minimum sentence of 10 years and up to life in prison and a $10 million fine. The United States is also seeking a money judgment in the amount of $2,408,204. U.S. Magistrate Judge J. Scott Hacker accepted the plea today and sentencing will occur on a date yet to be determined.
The case is the result of a two-year Organized Crime Drug Enforcement Task Force Investigation dubbed Silver Fox Hunt led by the Drug Enforcement Administration with the assistance of Homeland Security Investigations. Assistant United States Attorneys James Hepburn and Elizabeth Rabe are handling the case.
Cleveland Man Faces Carjacking, Firearms ChargesRead the Press Release
A grand jury returned a two-count indictment charging Rayvon McGhee, age 19, of Cleveland, with carjacking and using a firearm during and in relation to a crime of violence, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on or about October 18, 2012, McGhee knowingly carried a firearm with the intent to cause death and serious bodily harm to take a motor vehicle by force, violence, and intimidation. The charge stems from an armed carjacking that occurred in the Cleveland area.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The indictment results from an investigation conducted by the Cleveland Cuyahoga Violent Crimes Task Force, in coordination with the Federal Bureau of Investigation, Cleveland Division of Police and the Cuyahoga County Sheriff’s Office.
The Cleveland Cuyahoga Violent Crimes Task Force targets violent crime through a partnership of the United States Attorney’s Office, Cuyahoga County Prosecutor’s Office, Federal Bureau of Investigation, Cuyahoga County Sheriff’s Department, Cleveland Police Department, Adult Parole Authority, and other state and local agencies.
Cuyahoga County Prosecutor Timothy McGinty’s Office will assist in the prosecution of this case in the United States District Court.
The case is being prosecuted by Assistant U.S. Attorney Matthew B. Kall and Special Assistant U.S. Attorney Gregory Mussman.
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.
Chinese Citizen Pleads Guilty to $100 Million Internet Software Piracy ConspiracyRead the Press Release
WILMINGTON, Del. – Xiang Li, age 36, of Chengdu, China, pled guilty late yesterday to one count each of conspiracy to commit criminal copyright infringement and conspiracy to commit wire fraud, for his role in operating a website used to distribute over $100 million worth of pirated software around the world. Li, who will be sentenced on May 3, 2013 by United States District Judge Leonard P. Stark, faces a maximum sentence of twenty five years in prison, a fine of $250,000, and 3 years of supervised release following his prison sentence. The entry of the guilty plea was announced at a press conference held this morning by Charles M. Oberly, III, United States Attorney for the District of Delaware and John Morton, Director, United States Immigration and Customs Enforcement.
According to statements made at the plea hearing and documents filed in court, the U.S. Department of Homeland Security, Homeland Security Investigations, identified Xiang Li as the operator of a website located at www.crack99.com that was advertising thousands of pirated software titles at a fraction of their retail value. The investigation revealed that Xiang Li used the CRACK99 website to distribute pirated or cracked software to customers all over the world, including the United States. Software is “cracked” when its digital license files and access control features have been disabled or circumvented.Through emails sent to customers of his website, Xiang Li described himself as being part of “an international organization created to crack” software. In a November 2008 email exchange with a customer, for example, Xiang Li stated that he would charge $1,000 to obtain a cracked version of a particular software program. When the customer wrote, “Yes ok tell me who do this,” Defendant replied: “Experts crack, Chinese people Sorry can not reveal more.”
During the course of the charged conspiracy (from April 2008 to June 2011), Xiang Li engaged in over 500 transactions, in which he distributed approximately 550 different copyrighted software titles to at least 325 purchasers located in at least 28 states and over 60 foreign countries. These software products were owned by approximately 200 different manufacturers and were worth over $100 million. The software is used in a wide range of applications including defense, engineering, manufacturing, space exploration, aerospace simulation and design, mathematics, and explosive simulation.
More than one-third of the unlawful purchases were made by individuals within the United States, including small business owners, government contractors, students, inventors, and engineers. Some of Xiang Li’s biggest American customers held significant engineering positions with government agencies and government contractors. For instance, Xiang Li sold twelve cracked software programs worth over $1.2 million to Cosburn Wedderburn, who was then a NASA electronics engineer working at NASA’s Goddard Space Flight Center, in Greenbelt, Maryland. Xiang Li also sold ten cracked software programs worth over $600,000 to Dr. Wronald Best, who held the position of “Chief Scientist” at a Kentucky-based government contractor that services the U.S. and foreign militaries and law enforcement with a variety of applications such as radio transmissions, radar usage, microwave technology, and vacuum tubes used in military helicopters. Both Wedderburn and Best have pled guilty to conspiracy to commit criminal copyright infringement and are awaiting sentencing in the District of Delaware.Between January 2010 and June 2011, undercover agents made a series of purchases of pirated software worth hundreds of thousands of dollars from Xiang Li’s CRACK99 website. The investigation culminated in a face-to-face meeting between Xiang Li and undercover agents on the Island of Saipan, in June 2011. Xiang Li agreed to travel from China to Saipan to deliver pirated software, design packaging, and 20 gigabytes of proprietary data from a U.S. software company to undercover agents posing as U.S. businessmen. In addition, Xiang Li and the undercover agents were meeting to discuss a plan to distribute pirated software to small businesses in the United States. The undercover agents arrested Xiang Li on June 7, 2011, after he delivered the stolen intellectual property to them at a Saipan hotel. Xiang Li was transported to the District of Delaware, where he has remained in custody since June 2011.
One of the companies victimized by software piracy scheme stated, “Circumventing our commercial aerospace and defense software license mechanisms not only harms the competitiveness of our company, but also U.S. national security interests. In addition to the revenue lost, we spend significant legal resources obtaining patents and trademarks to protect our intellectual property. We also invest a lot of energy administering software license agreements and product-based, end-user licenses, which are key components of our U.S. export control compliance and customer support programs.”
This case is being investigated by the United States Department of Homeland Security, Homeland Security Investigations, and the Defense Criminal Investigative Service. This case is being prosecuted by Assistant United States Attorneys David L. Hall and Edward J. McAndrew.
Child Pornography Charges Filed Against Massillon, North Canton MenRead the Press Release
Criminal charges of receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct were filed against two men in unrelated cases, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Charged were Tyler W. Cole, 22, of Massillon, Ohio and David Mariner, 55, of North Canton, Ohio.
Cole's indictment charges that from on or about April 23, 2012, through on or about May 25, 2012, he knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. On June 13, 2012, images of child pornography were found on his Dell XPS210 desktop computer and a thumb drive, according to the indictment.
Mariner's indictment charges that from on or about March 13, 2012, through on or about May 16, 2012, he knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. On May 16, 2012, images of child pornography were found on his Toshiba laptop computer, according to the indictment.
If convicted, the sentences in these cases will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
These cases are being prosecuted by Assistant United States Attorney Carol M. Skutnik. The cases were investigated by the Canton Office of the Federal Bureau of Investigation.
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.
Charlevoix Man Pleads Guilty to Receipt of Child PornograpyRead the Press Release
GRAND RAPIDS, MICHIGAN – Scott Thomas Barrett, 49, of Charlevoix, Michigan pleaded guilty on Monday, January 7, 2013, to receiving via the Internet images and videos of child pornography, U.S. Attorney Patrick A. Miles, Jr. announced today. Barrett faces a minimum of 5 years and a maximum of 20 years of imprisonment, and he will be required to serve a term of supervised release after his prison term has been completed. Barrett will also be required to register as a sexual offender.The case stemmed from an undercover online investigation that took place in 2011. During that investigation, an undercover officer was able to download child pornography that Barrett had made available on the Internet. Agents then executed a search warrant at Barrett’s home and recovered a computer that contained a substantial collection of child pornography. Barrett gave a full confession and admitted to downloading the child pornography images and videos from the Internet.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov.
The Department of Homeland Security, Homeland Security Investigations (HSI) investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case..
END
Buffalo Man Sentenced for Leading a Prescription Drug RingRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael McCall, 60, of Buffalo, N.Y., who was convicted of conspiring to distribute OxyContin pills, was sentenced by Chief U.S. District Judge William M. Skretny to nine years in prison.
According to Assistant U.S. Attorney Michael L. McCabe, who handled the case, McCall maintained a continuing criminal enterprise as the organizer and manager of a large-scale distribution network for OxyContin in the City of Buffalo in 2009 and 2010. During this time, McCall coordinated the supply of OxyContin by organizing a series of individuals who obtained prescriptions from local physicians and then sold the tablets to the defendant. McCall often times directed these individuals to obtain OxyContin tablets, and the defendant then met them at a particular time and place to pick up the tablets. McCall also instructed individuals about how to approach their physicians to obtain the OxyContin prescriptions. After successfully obtaining OxyContin tablets from the members of his drug-trafficking organization, McCall then supplied the tablets to distributors for further resale, particularly in the East Eagle and Strauss Street areas in Buffalo.
McCall was arrested along with 34 others on July 14, 2010. A total of 33 defendants have been convicted.
"This case removed a significant supply of illegal prescription drugs from the streets of our community," said U.S. Attorney Hochul. "But it also removed a significant number of defendants who defrauded medical personnel to get the pills and then sold the tablets in our neighborhoods. Our Office has shined the spotlight on this illegal activity over the last few years. Working with our law enforcement partners at all levels, we will not only continue to prosecute those attempt similar actions but we will also continue toeducate the public about the dangers of prescription drugs when used without the guidance of a medical professional."
U.S. Attorney Hochul further stated "Together with our law enforcement partners, our Office used numerous tools to completely dismantle this organization including the federal drug kingpin law. The public will also recall that this case was first brought just as the dangers of prescription pill abuse was just becoming known."
"From the suburbs to the city, the arrest of Michael McCall shut down a drug organization supplying thousands of illegally diverted pain medications to New Yorkers, especially in the East Eagle and Strauss Street locale," state DEA Special Agent in Charge Brian R. Crowell. "Operated like a ponzi business, each level of operations had a function to falsify pain to doctors in order to get prescriptions for pain medication ultimately sold to McCall who distributed it throughout our community feeding the primary drug threat to America, opiate and heroin abuse. As a reminder of the dangers of abusing pain medication, according to the National Survey on Drug Use and Health, accidental overdose deaths caused by opiates surpass deaths resulting from automobile accidents."
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Brian R. Crowell, New York Field Division, the New York State Police, under the direction of Major Christopher Cummings, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Cheektowaga Police Department, under the direction of Chief David Zack, the West Seneca Police Department, under the direction of Chief Edward Gehen, and the Lancaster Police Department, under the direction of Chief Gerald Gill.
Brownsville Man Convicted for Attempting to Smuggle More Than $600KRead the Press Release
BROWNSVILLE, Texas – Domingo Quesada-Hernandez, 43, of Brownsville, has been convicted of bulk cash smuggling, United States Attorney Kenneth Magidson announced today.
Quesada-Hernandez pleaded guilty in federal court earlier today to evading a currency reporting requirement in his attempt to conceal $610,535 in a vehicle while trying to take the money into Mexico. The $610,535 has been preliminarily forfeited to the United States.
Quesada-Hernandez was arrested on May 21, 2012, after he approached the southbound inspection lanes at the Gateway International Port of Entry Bridge in Brownsville driving a Ford F150. Quezada-Hernandez was referred to secondary inspection after he and his two passengers appeared nervous, at which time Quesada-Hernandez denied possession of weapons and/or money in excess of $10,000 and did not complete the appropriate customs forms.
Quesada-Hernandez indicated he was the owner of the vehicle and further claimed that he had not done any type of work on it. A cursory inspection of the vehicle revealed fresh markings on the spare tire and agents also noticed the spare tire appeared to be bigger than the tires on the vehicle. The spare tire was removed and x-rayed, which revealed anomalies inside the tire. A search of the spare tire revealed 49 duck-taped bundles containing currency totaling $610,535.
At his plea today, Quesada-Hernandez admitted he intended to evade the currency reporting requirement and that he concealed the currency within the spare tire of the vehicle. Quesada-Hernandez also admitted he intended to transport and transfer the currency from Brownsville to Mexico.
Quesada-Hernandez has been permitted to remain on bond pending his sentencing hearing, which U.S. District Judge Andrew S. Hanen has set for April 15, 2013. At that time, he faces up to five years in prison and a maximum fine of $250,000.
The investigation leading to the charges was conducted by Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Angel Castro.
Brooklyn Resident from Albania Sentenced to 15 Years’ Imprisonment for Attempting to Support TerrorismRead the Press Release
Earlier today, at the United States District Court for the Eastern District of New York in Brooklyn, New York, Agron Hasbajrami, an Albanian citizen and Brooklyn resident, was sentenced to 15 years in prison for attempting to provide material support to terrorists. Hasbajrami will be removed from the United States at the conclusion of his sentence.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; Lisa O. Monaco, Assistant Attorney General for the National Security Division; George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office; and Raymond W. Kelly, Commissioner, New York City Police Department.
As stated on the record during the guilty plea and sentencing proceedings and according to court filings, in early 2011, while living in Brooklyn, Hasbajrami exchanged email messages with an individual in Pakistan who indicated that he was a member of an armed group that had murdered American soldiers. Hasbajrami sent the individual more than $1,000 to support the jihadist cause. Then, in pursuit of his goal to engage personally in violent jihad, Hasbajrami arranged to meet the individual in the Federally Administered Tribal Area of Pakistan (the “FATA”). In one email message, Hasbajrami stated that he wished to travel abroad to “marry with the girls in paradise,” using jihadist rhetoric to describe his desire to die as a martyr.
In September 2011, Hasbajrami purchased a one-way airplane ticket to travel to the Middle East on his way to the FATA to fight violent jihad. He was arrested by the FBI’s Joint Terrorism Task Force at John F. Kennedy International Airport in Queens, New York, as he embarked on his one-way flight. At the time of his arrest, Hasbajrami was carrying a tent, boots, and cold-weather gear. A search of Hasbajrami’s residence in Brooklyn revealed, among other items, a note reading “Do not wait for invasion, the time is martyrdom time.” In April 2012, Hasbajrami pled guilty in federal district court in Brooklyn to attempting to provide material support to terrorists by joining a jihadist fighting group overseas. United States District Judge John Gleeson imposed sentence earlier today.
“Hasbajrami sought to use New York as the launching pad for his terrorist scheme. Hoping to die a martyr to the cause of violent jihad, he will spend 15 years of his remaining days in federal prison. In addition, this sentence should serve as a strong deterrent to anyone who would consider supporting terrorism or launching an operation from the United States,” stated United States Attorney Lynch. “This case exemplifies how law enforcement works to protect both our citizens at home and our servicemen abroad.” Ms. Lynch thanked the Department of Homeland Security, Immigration and Customs Enforcement, the United States Secret Service, the other federal, state, and local law enforcement agencies who participate in the FBI’s Joint Terrorism Task Force in New York, and the Department of Justice’s Counterterrorism Section, for their work on the case.
FBI Assistant Director-in-Charge Venizelos stated, “The global nature of our effort to prevent terrorism works in two directions. We continue to work with overseas partners to thwart those plotting abroad to do harm here. Today’s sentence shows the result of our efforts to prevent someone here from going overseas to endanger or kill Americans abroad.”
The government’s case was prosecuted by Assistant United States Attorneys Seth D. DuCharme and Matthew S. Amatruda with assistance provided by Trial Attorney Courtney Sullivan of the Counterterrorism Section of the Department of Justice.
The Defendant:
AGRON HASBAJRAMI
Age: 28Bradford Men Charged with Distributing ExplosivesRead the Press Release
ERIE, Pa. - Two residents of Bradford, Pa., have been indicted by a federal grand jury in Erie on a charge of violating federal explosives laws, United States Attorney David J. Hickton announced today.
The one-count indictment named Jarred Douglas Major, 27, and Rechelle Lea Judd, 30, as defendants.
According to the indictment, Major and Judd distributed explosive materials to a person who was not a licensee.
The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both for each defendant. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Christine A. Sanner is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bradford Police Department conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Bourne Woman Indicted on Drug TheftRead the Press Release
Boston - A Bourne woman was charged today with stealing drugs from a home for veterans.
Pamela Silverberg, 49, was charged in an indictment with obtaining controlled substances by subterfuge.
The indictment alleges that Silverberg was working at the Kendrick House in Bourne as a housekeeper, cook and caretaker. Kendrick House is a community residential care home, privately owned and operated, that provides housing and care primarily to U.S. veterans. It housed 19 veterans in the Spring of 2011 when Silverberg is alleged to have stolen certain controlled drugs, including clonazepam (an anti-anxiety medication). She attempted to cover up her theft by substituting over-the-counter allergy medication which had a similar, though not identical, appearance.
If convicted, Silverberg faces up to four years in prison, to be followed by three years of supervised release and a $250,000 fine.
United States Attorney Carmen M. Ortiz and Jeffrey Hughes, Special Agent in Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, Northeast Field Office, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Thomas E. Kanwit of Ortiz’s Major Crimes Unit.
The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Bank Robber Sentenced to over 12 Years in Prison for the Robberies and Attempted Robberies of Banks, Check Cashing Store and Liquor StoreRead the Press Release
Baltimore, Maryland - U.S. District Judge James K. Bredar sentenced Ralph Camper, age 33, of Baltimore, yesterday to 146 months in prison followed by three years of supervised release for bank robbery in connection with the robberies or attempted robberies of three banks, a check cashing store and a liquor store.
In a related case, Judge Bredar sentenced co-conspirator Christopher Horton, age 30, also of Baltimore, today to two years in prison followed by two years of supervised release for conspiring to commit robbery.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Baltimore Police Commissioner Anthony W. Batts; and Chief James W. Johnson of the Baltimore County Police Department.
According to their plea agreements and evidence presented to the court at their sentencings, Camper and co-conspirator Evan Foreman robbed Worldwide Liquors at 5910 Pulaski Highway in Baltimore on June 8, 2010. Foreman put a gun to the head of a female victim while dragging her around the store by her hair. On August 31, 2010, Camper and Foreman robbed Hilltop Check Cashing at 5429 Reisterstown Road, Baltimore of more than $10,000. They placed a gun to the store owner’s neck and threatened to blow the victim’s head off if the victim resisted. Camper bound the victim with duct tape to facilitate their escape.
Camper conspired with Horton and others to rob the PNC Bank branch located in the Giant supermarket at 9730 Groffs Mill Drive in Owings Mills, Maryland on December 27, 2010. Horton, a PNC bank employee who lived next door to Evan Foreman, identified December 27 as the best day to commit the robbery and was present in the bank during the attempt. Co-conspirator Michael Foreman drove the get-away car. This robbery was not completed because after Camper approached the bank teller with a demand note, he became nervous and walked away. Horton also conspired with Evan and Michael Foreman to stage a robbery of this bank on February 14, 2011, in which Horton acted as the victim, while Evan and Michael Foreman brandished a firearm.
Thereafter, on January 14, 2011 Camper robbed the Bank of America branch at 100 South Charles Street in Baltimore of $1,309; and the Capitol One Bank at 135 East Baltimore Street in Baltimore on January 24, 2011 of $340.
In a related case, Evan Foreman, age 34, of Baltimore, previously pleaded guilty to his participation in the attempted December 27 robbery, as well as another attempted robbery and three other successful robberies. Evan Foreman was sentenced on January 4, 2013 to 294 months in prison. His brother Michael Foreman, age 45, also of Baltimore, previously admitted that he participated in the attempted December 27, 2010 robbery of the PNC Bank branch and the successful staged robbery of the bank on February 14, 2011, and was sentenced to 12 years in prison.
United States Attorney Rod J. Rosenstein praised the FBI , the Baltimore City Police Department and the Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Benjamin M. Block, who prosecuted the case.
Atlanta Resident Sentenced for Identity Theft and Social Security FraudRead the Press Release
KNOXVILLE, Tenn.- Sabir Jaquail Grant, 23, of Atlanta, Ga., was sentenced on January 8, 2013, by the Honorable Thomas A. Varlan, Chief U.S. District Judge, to serve a term of 12 months in prison for aggravated identity theft and conspiracy to commit Social Security fraud. In addition, he was also ordered to serve a three-year period of supervised release upon release from prison. Grant’s pleaded guilty on Feb. 22, 2011, to conspiracy and identity theft charges.
Grant and his co-conspirator, Joshua Phillips, came to the attention of law enforcement when Wal-Mart Loss Prevention associates observed them attempting to purchase cellular telephone accounts with suspicious North Carolina driver’s licenses. Knoxville Police Department officers arrested both defendants on Apr. 8, 2010, at the Wal-Mart location on Clinton Highway. Grant and Phillips were found in the possession of numerous false identity documents, including counterfeit Social Security cards. Both defendants subsequently entered guilty pleas to federal charges. Phillips is presently serving a sentence of 24 months in prison.
This conviction was the result of an investigation by the Knoxville Police Department, Social Security Administration Office of the Inspector General, and U.S. Postal Inspection Service. Assistant U.S. Attorneys Frank M. Dale, Jr. and D. Gregory Weddle represented the United States.
Athens Man Pleads Guilty to Being Felon in Possession of A FirearmRead the Press Release
Department of Justice
Office of Public AffairsTYLER, TX – United States Attorney John M. Bales announced today that
Frankie Darrell Durant a 50 year old Athens, Texas man, pleaded guilty to being a felon in possession of a firearm during a hearing before United States Magistrate Judith K. Guthrie.On September 12, 2012, Durantwasindicted by a federal grand jury on a 1 count indictment. According to information presented in court, on or about July 26, 2011, Durant possessed three firearms in Smith County, Texas. The firearms were located in a storage room that was rented by Durant. Durant also admitted that the he previously had been convicted of possession of a controlled substance, a felony offense, in 2007.
Durantfaces no more than 10 years in prison, a $250,000 fine, and a term of not more than 3 years of supervised release. A sentencing date has not been scheduled.
This case is being investigated by the Department of Public Safety and it is being prosecuted by Assistant United States Attorney Mary Ann Cozby.
Agreement Reached with Pulaski Donuts to Enforce Employment Rights for Army ReservistRead the Press Release
Boston – The U.S. Attorney’s Office for the District of Massachusetts and the Boston Office of the U.S. Department of Labor announced today that Dunkin’ Donuts—Pulaski Donuts, Inc. has entered into a settlement agreement. The agreement reached will resolve a complaint filed with the Department of Labor, Veterans’ Employment and Training Service by Army Reservist Christine Deneault.
Denault alleged that she was not properly reemployed by Pulaski Donuts after her return from active military duty, in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), which generally requires employers to promptly reemploy returning service members in the positions they would have held had their employment not been interrupted by military service.
Pursuant to the terms of the settlement agreement, Pulaski Donuts has paid $10,000 to Deneault, and has committed to future compliance with USERRA and to provide USERRA training for managers at all 17 of Pulaski Donuts’ Dunkin Donuts franchises. Pulaski has not admitted liability in connection with the settlement.
“We are pleased to work with our federal partners at the Labor Department to ensure that military men and women across the Commonwealth, who proudly protect and defend the United States, can return from their military service without fear of discrimination in employment,” said Carmen M. Ortiz, U.S. Attorney for the District of Massachusetts. “The United States Attorney’s Office remains committed to protecting the rights of these brave service members.”The matter was handled by the U.S. Department of Labor, Office of the Solicitor, with collaboration from the U.S. Attorney’s Office and the Employment Litigation Section of the Civil Rights Division of the Justice Department. The matter stems from an investigation conducted by the Veterans’ Employment and Training Service.
The Justice Department’s Civil Rights Division and the U.S. Attorney’s Offices have given a high priority to the enforcement of service members’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
ATF Investigation Leads to Charges Against Bradford ManRead the Press Release
ERIE, Pa. - A resident of Bradford, Pa., has been indicted by a federal grand jury in Erie on a charge of violating federal explosives laws, United States Attorney David J. Hickton announced today.
The two-count indictment named John Louis Vanyo, Jr., 28, as the sole defendant.
According to the indictment, Vanyo possessed and improperly stored stolen explosive materials.
The law provides for a maximum total sentence of 11 years in prison, a fine of $350,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christine A. Sanner is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bradford Police Department conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
7 January 2013
Woman Pleads Guilty to Preparing False Income Tax ReturnRead the Press Release
HOUSTON – Shirley M. Carrington has pleaded guilty to one count of willfully aiding and assisting in the preparation and presentation of a false U.S. Individual Income Tax Return, United States Attorney Kenneth Magidson announced today.
According to the written plea agreement filed in the record of the case, Carrington admitted she wilfully prepared a false income tax return for a husband and wife that included a claim for losses from an alleged janitorial service sole proprietorship that the taxpayers did not have. Carrington also admitted the return she prepared for the couple also claimed a false deduction for unreimbursed employee expenses and a false deduction for other miscellaneous deductions. Carrington stipulated the tax loss to the United States on the false tax return for which she was convicted was $10,962.
Carrington further admitted in the plea agreement that the eight tax returns underlying the eight counts in the indictment in the case all claimed false losses from alleged janitorial sole proprietorships that none of the taxpayers had. Her relevant conduct, which is the total tax loss in the case, for purposes of sentencing was $199,472.00.
U.S. District Judge Vanessa Gilmore, who accepted the plea today, has set sentencing for April 1, 2013, at which time she faces up to three years in prison and a $250,000 fine.
This matter was investigated by Internal Revenue Service - Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Charles J. Escher.Woman Pleads Guilty to Immigration Document FraudRead the Press Release
WICHITA, KAN. – A woman from Mexico has pleaded guilty to immigration document fraud in a case that made national headlines, U.S. Attorney Barry Grissom said today.
Benita Cardona-Gonzalez, 32, a citizen of Mexico, pleaded guilty to one count of possessing fraudulently obtained identification documents including a Social Security card and a Texas birth certificate in the name of another woman. Cardona-Gonzalez used the documents to obtain employment and credit.
The case made national headlines in October when a Houston school teacher told the story of how her identity had been stolen. She recounted how she learned that her identity had been used to take out a mortgage loan and even to get medical care for the birth of two children.
Sentencing is set for March 25. Prosecutors and the defendant have agreed to recommend a sentence of 18 months in federal prison with the understanding that Cardona-Gonzalez will be deported after serving her sentence.
Grissom commended the Kansas Department of Revenue, the Social Security Administration, Office Inspector General, and Assistant U.S. Attorney Brent Anderson for their work on the case.Winner Man Sentenced on Assault and Firearm ChargesRead the Press Release
U.S. Attorney Brendan V. Johnson announced that a Winner man convicted of one count of Assault With a Dangerous Weapon and one count of Brandishing a Firearm During, in Relation to, or in Furtherance of a Crime of Violence or Drug Trafficking Crime was sentenced on January 4, 2013, by U.S. District Judge Charles B. Kornmann. Anthony Brown Otter, age 25, was sentenced to 125 months in custody, 3 years of supervised release, and a $200 special assessment.
Brown Otter was indicted by a federal grand jury in June 2012. He pled guilty to two counts of a superseding indictment in September 2012.
The conviction stems from an incident in December 2011 when Brown Otter and another kicked an individual a combined total of approximately 20 times with shod feet. At the time of the incident, Brown Otter had a handgun in his possession.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Brown Otter was immediately turned over to the custody of the U.S. Marshal.
Waubay Man Sentenced for Wildlife ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Waubay, South Dakota, man convicted of Unlawful Possession of Migratory Birds, Unlawful Possession of Endangered Species, and Unlawful Taxidermy Services, was sentenced on January 3, 2013, by United States District Judge Charles B. Kornmann. Kevin Jorgenson, age 54, was sentenced to 2 years of probation with 8 months of home confinement, $15,000 in restitution, and a $45 assessment to the Victim Assistance Fund.
Jorgenson was charged with the above offenses on April 23, 2012, and pled guilty on August 24, 2012.
Between 2007 and 2011, in Day County, Jorgenson received and possessed 535 migratory birds, as well as a Western Great Lakes Gray Wolf, for taxidermy purposes. None of the items were properly tagged as required by both federal and state law. At the time, Jorgenson did not have the proper taxidermy licenses.
The investigation was conducted by the United States Fish and Wildlife Service and South Dakota Game Fish and Parks. The case was prosecuted by Assistant United States Attorney Meghan N. Dilges.
Jorgenson was released.
Wallingford Man Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
January 7, 2013David B. Fein, United States Attorney for the District of Connecticut, announced that PETER C. JOHNS, 39, of Wallingford, waived his right to indictment and pleaded guilty today before United States District Judge Robert N. Chatigny in Hartford to one count of receipt and distribution of child pornography.
According to court documents and statements made in court, on November 24, 2010, a detective assigned to the Richmond (Va.) Field Office of the Federal Bureau of Investigation and acting in an undercover capacity logged into a publicly available Internet file sharing program and downloaded several images and videos of child pornography from a shared directory maintained by JOHNS.
On March 25, 2011, JOHNS was arrested at his residence. On that date, law enforcement agents also seized his computer and related components. Forensic analysis of the seized computer and components revealed that JOHNS used the Internet to trade thousands of images and videos of child pornography. Included in his collection of child pornography were images of children under the age of 12 engaged in sexually explicit conduct, and images of children engaging in sadistic or masochistic conduct.
Judge Chatigny has scheduled sentencing for April 4, 2013, at which time JOHNS faces a mandatory minimum term of imprisonment of five years, a maximum term of imprisonment of 20 years and a fine of up to $250,000.
JOHNS has been released on bond under electronic monitoring by the U.S. Probation Office since shortly after his arrest.
This matter has been investigated by the Federal Bureau of Investigation and the Connecticut Child Exploitation Task Force, which includes federal, state and local law enforcement agencies. The Connecticut State Police and Wallingford Police Department provided assistance to the investigation. The case is being prosecuted by Assistant United States Attorney Sarala V. Nagala.
The Connecticut Child Exploitation Task Force, which is housed at the main FBI office in New Haven, investigates crimes against children occurring over the Internet, and provides computer forensic review services for participating agencies. For more information about the Task Force, or to report child exploitation crimes, please contact the FBI at 203-777-6311.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Wakpala Man Sentenced for Sexually Assaulting A MinorRead the Press Release
US Attorney Brendan V. Johnson announced that a Wakpala man, convicted of Sexual Assault of a Minor, was sentenced on January 3, 2013, by US District Judge Charles B. Kornmann. Tyrel DeMarrias, a/k/a Tyrell DeMarrias, age 25, was sentenced to 12 months and 1 day in custody, 5 years of supervised release, and a $100 special assessment.
DeMarrias was indicted for Sexual Assault of a Minor, Sexual Abuse, and Aggravated Sexual Assault by Force on February 14, 2012. He pled guilty to Sexual Assault of a Minor on October 16, 2012. The conviction arose from an incident in Wakpala, South Dakota, in September of 2011.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant US Attorney Mikal Hanson prosecuted the case.
DeMarrias was remanded to the custody of the United States Marshal to begin serving his sentence.
Wakpala Man Pleads Guilty to Drug ChargeRead the Press Release
U.S. Attorney Brendan V. Johnson announced that Dustin Swimmer, age 26, of Wakpala, appeared before U.S. District Judge Charles B. Kornmann on January 3, 2013, and pled guilty to a superseding information that charged him with Conspiracy to Distribute and Possess With Intent to Distribute a Controlled Substance. The maximum penalty upon conviction is 20 years' imprisonment, a $1,000,000 fine, or both, and a period of supervised release of 3 years.
The conviction stems from Swimmer knowingly and intentionally conspiring to distribute and possess a mixture or substance containing methamphetamine, a Schedule II controlled substance, in 2011.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. The case is being prosecuted by Assistant U.S. Attorney Jay Miller.
A presentence investigation was ordered, and a sentencing date was set for May 13, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
U.S. Attorney’s Office for the District of Columbia Secures over $2 Billion in Financial Recoveries During Three-Year Period- Total Includes $536.5 Million Generated in Two Recent Agreements -Read the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia has collected more than $1.7 billion in criminal and civil actions and asset forfeitures over the past three fiscal years, and has reached agreements in two cases that are expected to generate another $536.5 million in the current fiscal year, U.S. Attorney Ronald C. Machen Jr. announced today.
The office collected more than $200 million in criminal and civil actions and asset forfeitures during the most recent fiscal year, according to statistics released today.
The totals for Fiscal Year 2012 include $139.8 million collected in criminal actions and $51.1 million in civil actions. In addition, approximately $16.6 million was collected in criminal and civil asset forfeiture actions.
The Fiscal 2012 success follows the collection of more than $1 billion in Fiscal 2010 and $500 million in Fiscal 2011. The projected collections in Fiscal 2013 include $536.5 million in forfeiture payments from two banks that reached settlements with the government for illegally moving money through the U.S. financial system on behalf of sanctioned entities.
“In the District of Columbia, our commitment to taxpayers and the victims of crime has yielded more than $2 billion in the past few years,” said U.S. Attorney Machen. “This success is the result of aggressive use of powerful statutory tools to deprive criminals and fraudsters of their ill-gotten gains. Making financial recovery a top enforcement priority deters misconduct, restores victims, and protects the public fisc. As demonstrated by the $500 million we have already generated this year, we have no plans to slow down the pace of recovery.
The U.S. Attorneys offices, along with the department’s litigating divisions, are responsible for enforcing and collecting criminal and civil debts owed to the United States and criminal debts owed to federal crime victims. In the District of Columbia, the Financial Litigation Unit in the Civil Division of the U.S. Attorney’s Office aggressively handles these responsibilities.
Nationwide, U.S. Attorneys’ offices collected $13.1 billion in criminal and civil actions during FY 2012, more than doubling the $6.5 billion collected in FY 2011. A portion of this amount, $5.3 billion, was collected in shared cases in which one or more U.S. Attorneys’ offices or department litigating divisions were also involved. The $13.1 billion represents more than six times the appropriated budget of the combined 94 U.S. Attorneys’ offices for FY 2012.
Additionally, the U.S. Attorneys’ offices nationwide, working with partner agencies and divisions, collected $4.389 billion in asset forfeiture actions in FY 2012.
Collections in Forfeiture Cases
Since taking office in February 2010, U.S. Attorney Machen has emphasized the importance of asset forfeiture to fight crime and criminal organizations and to seek justice for victims. Asset forfeiture is a powerful tool that can deprive criminals and criminal organizations of illegal proceeds and instrumentalities of crimes, recover property that may be used to compensate victims, and deter crime. Federal law provides authority to seize and forfeit the proceeds of virtually all serious federal offenses. Forfeited assets are deposited into the Department of Justice Asset Forfeiture Fund and Department of Treasury Asset Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes.
In one of the District of Columbia’s more noteworthy cases, nearly $3 million was deposited during Fiscal 2012 in a case involving bribery and kickbacks tied to contracts issued through the U.S. Army Corps of Engineers and the Department of the Army. A total of 12 people have now pled guilty to charges, including two former managers from the Army Corps of Engineers and a number of business officials. In the overall investigation, to date, the United States has seized for forfeiture or recovered approximately $7.5 million in bank account funds, cash, and repayments, 19 real properties, eight cars, and multiple pieces of fine jewelry.
In a second case, nearly $1.9 million was deposited following the prosecution of participants in a scheme to illegally export computer-related goods, worth millions of dollars, from the United States to Iran through the United Arab Emirates (UAE). Under the terms of their guilty pleas and related civil settlements with the Department of Commerce’s Bureau of Industry and Security (BIS) and the Department of Treasury’s Office of Foreign Assets Control, Massoud Habibion and his company, Online Micro LLC agreed to forfeiture of $1.9 million seized from Online Micro’s bank accounts by ICE’s Homeland Security Investigations (HSI).
The projected Fiscal 2013 payments include $309.5 million due from ING Bank N.V., a financial institution that admitted in June 2012 to conspiring to violate the International Emergency Economic Powers Act and the Trading with the Enemy Act by illegally moving billions of dollars through the U.S. financial system on behalf of sanctioned Cuban and Iranian entities. They also include $227 million in forfeiture payments from Standard Chartered Bank, which admitted this month to conspiring to violate the International Emergency Economic Powers Act by illegally moving millions of dollars through the U.S. financial system on behalf of sanctioned Iranian, Sudanese, Libyan and Burmese entities.
Collections in Criminal Actions
The U.S. Attorneys= offices, along with the department’s litigating divisions, are responsible for enforcing and collecting criminal and civil debts owed to the United States and criminal debts owed to federal crime victims. In the District of Columbia, the Financial Litigation Unit in the Civil Division of the U.S. Attorney’s Office aggressively handles these responsibilities.
Collections in criminal actions include restitution, criminal fines, and felony assessments. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid directly to the victim, criminal fines and felony assessments are paid to the Department of Justice=s Crime Victims= Fund, which distributes the money to state victim compensation and victim assistance programs.
The $139.8 million collected in criminal actions by the U.S. Attorney’s Office for the District of Columbia includes some significant amounts generated by cases handled primarily by the Department of Justice’s litigating divisions. The U.S. Attorney’s Office plays an important follow-up role in these cases by collecting this money.
Collections in Civil Actions
The $51.1 million in civil collections include more than $47 million from Harbert Corporation and related entities to settle allegations that they submitted false claims, and caused others to submit false claims, to the U.S. Agency for International Development (USAID). The settlement resolved claims under the False Claims Act that the Harbert entities conspired to rig the bids on a USAID-funded construction contract that was bid and performed in Cairo, Egypt, in the late 1980s and early 1990s. Harbert International Inc. was part of a joint venture that bid on, and was ultimately awarded, Contract 20A to build a sewer system.
The amount also included $737,474 paid by Euclid of Virginia, Inc., which, along with two of its officers, and related entities, agreed in 2011 to pay the United States $3.2 million to resolve allegations involving the company’s ownership and operation of petroleum underground storage tanks. The settlement in that case resolved a lawsuit filed in the U.S. District Court for the District of Columbia, seeking to collect precedent-setting civil penalties that were imposed against Euclid of Virginia, Inc. by the U.S. Environmental Protection Agency (EPA).
Nationwide Collections
Nationally, Department of Justice statistics indicate that the total amount collected in criminal actions totaled $3.035 billion in restitution, criminal fines, and felony assessments.
The statistics also indicate that $10.12 billion was collected by the U.S. Attorneys’ offices in individually and jointly handled civil actions.
The $13.16 billion collected nationwide by the U.S. Attorneys’ offices for FY 2012 nearly matches the $13.18 billion collected in FY 2010 and FY 2011 combined.
13-001
U.S. Attorneys Loretta E. Lynch and Sally Yates to Lead Attorney General’s Advisory CommitteeRead the Press Release
Attorney General Eric Holder announced today the appointment of U.S. Attorney for the Eastern District of New York Loretta E. Lynch as chair of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Attorney General Holder also appointed U.S. Attorney for the Northern District of Georgia Sally Quillian Yates to serve as vice chair. Both appointments became effective Jan. 1, 2013.
“I’m confident that U.S. Attorneys Lynch and Yates have the expertise and dedication to lead this critical group in a challenging time, as we work to fulfill the department’s commitment to protecting the American people,” said Attorney General Holder. “I’m deeply grateful for their service and leadership – and look forward to continuing to work closely with all 94 of our United States Attorneys.”
U.S. Attorney Lynch was appointed to the AGAC in May 2010 and has served as vice chair since 2011. She replaces U.S. Attorney for the District of New Jersey Paul J. Fishman. U.S. Attorney Lynch has also served as the chair for the Advisory Committee’s Office, Management and Budget Subcommittee.
U.S. Attorney Yates was appointed to the AGAC in May 2010 and has served on several subcommittees including Civil Rights, White Collar Fraud, and Criminal Practice and Law Enforcement Coordination/Victim/Community Issues.
Attorney General Holder also thanked U.S. Attorney Fishman for serving as chair of the AGAC for the past two years. “U.S. Attorney Fishman’s leadership, vision and unselfish dedication have brought the U.S. Attorney community together to address a myriad of law enforcement issues. His guidance and sage counsel have been invaluable to department leadership as we work together to enforce the laws of this nation.”
The AGAC was created in 1973 to serve as the voice of the U.S. Attorneys and to advise the attorney general on policy, management and operational issues impacting the offices of the U.S. Attorneys.
U.S. Attorneys Loretta E. Lynch and Sally Yates to Lead Attorney General’s Advisory CommitteeRead the Press Release
WASHINGTON – Attorney General Eric Holder announced today the appointment of U.S. Attorney for the Eastern District of New York Loretta E. Lynch as chair of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Attorney General Holder also appointed U.S. Attorney for the Northern District of Georgia Sally Quillian Yates to serve as vice chair. Both appointments became effective Jan. 1, 2013.
“I’m confident that U.S. Attorneys Lynch and Yates have the expertise and dedication to lead this critical group in a challenging time, as we work to fulfill the department’s commitment to protecting the American people,” said Attorney General Holder. “I’m deeply grateful for their service and leadership – and look forward to continuing to work closely with all 94 of our United States Attorneys.”
U.S. Attorney Lynch was appointed to the AGAC in May 2010 and has served as vice chair since 2011. She replaces U.S. Attorney for the District of New Jersey Paul J. Fishman. U.S. Attorney Lynch has also served as the chair for the Advisory Committee’s Office, Management and Budget Subcommittee.
U.S. Attorney Yates was appointed to the AGAC in May 2010 and has served on several subcommittees including Civil Rights, White Collar Fraud, and Criminal Practice and Law Enforcement Coordination/Victim/Community Issues.
Attorney General Holder also thanked U.S. Attorney Fishman for serving as chair of the AGAC for the past two years. “U.S. Attorney Fishman’s leadership, vision and unselfish dedication have brought the U.S. Attorney community together to address a myriad of law enforcement issues. His guidance and sage counsel have been invaluable to department leadership as we work together to enforce the laws of this nation.”
The AGAC was created in 1973 to serve as the voice of the U.S. Attorneys and to advise the attorney general on policy, management and operational issues impacting the offices of the U.S. Attorneys.
U.S. Attorney's Office Reaches Settlement with Albuquerque Restaurant Under the Americans with Disabilities ActRead the Press Release
ALBUQUERQUE – The U.S. Attorney’s Office has reached a settlement agreement under the Americans with Disabilities Act (ADA) with MasDonald, LLC, and Maloney’s Tavern to ensure equal access to Maloney’s Tavern for individuals with disabilities who use service animals. MasDonald, LLC, is an Arizona limited liability corporation that owns and operates Maloney’s Tavern, a restaurant located on Central Avenue NW in Albuquerque, N.M.
The settlement agreement resolves a complaint filed under Title III of the ADA by an individual with a disability who was refused service and asked to leave Maloney’s Tavern because she was accompanied by her service animal. It requires, among other things, that Maloney’s Tavern provide training to its employees to ensure that individuals with disabilities who use service animals have full and equal enjoyment of its goods, services and facilities.
“The Americans with Disabilities Act guarantees equal access to individuals with disabilities who are accompanied by service animals, but too often those individuals are subject to discrimination because of misperceptions or a lack of understanding of the law,” said U.S. Attorney Kenneth J. Gonzales.
The settlement agreement requires that MasDonald, LLC, and Maloney’s Tavern:
- Implement a nondiscrimination policy regarding individuals with disabilities who use service animals;
- Distribute the policy and train employees on the rights of service animal users and employee obligations to ensure full and equal access to the goods, services and facilities of Maloney’s Tavern;
- Provide the same training to new staff within 30 days of their date of hire;
- Post a sign stating that “This Restaurant Welcomes Customers with Disabilities Who Are Accompanied by Their Service Animals ” next to the entry door of Maloney’s Tavern; and
- Pay $2,500.00 as a civil penalty.
A service animal is individually trained to work or perform tasks for the benefit of an individual with a disability. Service animals perform a wide variety of functions. Examples of these functions include guiding persons who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, warning persons about impending seizures or other medical conditions, performing a variety of tasks for persons with psychiatric disabilities, picking up items, opening doors, flipping switches, providing physical support and pulling wheelchairs for individuals with mobility disabilities. Currently, only dogs are recognized service animals.
Title III of the ADA prohibits discrimination by retail stores, restaurants, hotels, taxi and bus companies, doctors, hospitals and other private businesses and nonprofit organizations that provide services to the public. Title II of the ADA prohibits discrimination by public entities, including state and local governments and public transportation providers. All of these entities are prohibited from excluding individuals with disabilities from their facilities, services and programs because the individuals use service animals. If any of these entities has a rule excluding pets or other animals, it must make an exception to that rule and permit an individual with a disability to be accompanied by a service animal anywhere on the premises that other customers are permitted to go.
U.S. Attorney Gonzales said, “We are pleased that MasDonald and Maloney’s Tavern have affirmed their commitment to ensuring that individuals with disabilities benefit fully and equally from their goods, facilities, and services, including individuals who use service animals.”
Assistant U.S. Attorney Ruth F. Keegan represented the United States in negotiating the settlement agreement.
More information about the ADA and ADA rights and responsibilities relating to service animals is available on the ADA home page at www.ada.gov. This information includes two publications specifically addressing access for individuals accompanied by service animals: “ADA Business Brief: Service Animals” and “Commonly Asked Questions About Service Animals in Places of Business.” Those interested in obtaining copies of these documents or additional information may also call the Justice Department’s toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Settlement Agreement
- Implement a nondiscrimination policy regarding individuals with disabilities who use service animals;
Two Texas Women Sentenced for Armed Bank RobberyRead the Press Release
Gulfport, Miss – Evie Mearlene Herrin, 58, and her daughter, Amelia Darci Crew, 30, of Cleveland, Texas, were sentenced in federal court today for the March, 2012 armed bank robbery of the Regions Bank on Highway 49 in Gulfport, announced U.S. Attorney Gregory K. Davis, FBI Special Agent in Charge Daniel McMullen, and Gulfport Police Chief Alan Weatherford.
Herrin was sentenced to 70 months in prison followed by five years of supervised release, and Crew was sentenced to 46 months in prison followed by five years of supervised release. Both defendants were also ordered to pay a $5,000 fine.
This case was investigated by the Federal Bureau of Investigation and the Gulfport Police Department. It was prosecuted by Assistant U.S. Attorney Ruth Morgan.###
If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
Making sure that victims of federal crimes are treated with compassion, fairness and respect.
Training and seminars for Federal, State, and Local Law Enforcement Agencies.
Help us combat the proliferation of sexual exploitation crimes against children.
Our nation-wide commitment to reducing gun crime in America.
Two Sentenced on Federal Gun ChargesRead the Press Release
Hattiesburg, Miss - Regon Hollis Hill, 32, of Prentiss, and Jonas A. Windham, 31, of Laurel, were both sentenced in federal court this week by U.S. District Judge Keith Starrett in two separate federal firearms cases, U. S. Attorney Gregory K. Davis announced today.
Regon Hollis Hill was sentenced to 60 months in prison, a $6,000 fine and three years of post-release supervision for being a felon in possession of a firearm. The charges arose from a June 24, 2012 stop in Jefferson Davis County when Hill was found in possession of a loaded .45 caliber pistol along with additional 22 rounds of .45 caliber ammunition along with 37 rounds of 9mm ammunition and 33 rounds of .22 caliber ammunition. Hill was found guilty by a bench trial on October 30, 2012.
Jonas A. Windham was sentenced to 78 months in prison, a $1000 fine and three years of post-release supervision for possession of a firearm by an unlawful user of a controlled substance. Windham was charged with selling cocaine and firearms in Jones County on two occasions in February, 2012. Windham was also ordered to forfeit a Taurus revolver, a Winchester shotgun and a Romarm/Cugir rifle.
Both cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives along with the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. They were prosecuted by Annette Williams.###
If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
Making sure that victims of federal crimes are treated with compassion, fairness and respect.
Training and seminars for Federal, State, and Local Law Enforcement Agencies.
Help us combat the proliferation of sexual exploitation crimes against children.
Our nation-wide commitment to reducing gun crime in America.
Two More Plead Guilty in Patient Data Theft CaseRead the Press Release
Orlando, Florida - Sergei Kusyakov (38, Davenport) today pleaded guilty to one count of conspiracy and four counts of wrongful disclosure of individually identifiable health information. Kusyakov faces a maximum penalty of 45 years in federal prison. Sentencing has been set for March 25, 2013.
On December 27, 2012, another conspirator, Katrina Munroe (30, Winter Haven) pleaded guilty to one count of conspiracy. She faces a maximum penalty of 5 years in federal prison. Sentencing for her has been set for March 11, 2013.
A third conspirator, Dale Munroe II (35, Winter Haven), pleaded guilty to one count of conspiracy and one count of wrongful disclosure of individually identifiable health information on October 22, 2012. He faces a maximum penalty of 15 years in federal prison. His sentencing has been set for January 14, 2013.
According to their plea agreements, in July 2006, Dale Munroe II was hired at the Celebration, Florida location of Florida Hospital. During his employment, he worked as a Registration Representative in the Emergency Department, where he would register patients as they came in the main emergency entrance. From January 2009 until his termination, in July 2011, Dale Munroe II used his position to obtain individually identifiable health information of Florida Hospital patients who had been involved in motor vehicle accidents. Munroe II would then disclose that information to Kusyakov, who was involved in the operation of two chiropractic clinics (Metro Chiropractic and Wellness Center and City Lights Medical Center). Kusyakov and other conspirators would then use the stolen information to solicit patients of Florida Hospital for chiropractic and legal services. Kusyakov would then pay Munroe for his role in providing the stolen information.
On July 12, 2011, Dale Munroe II was terminated by Florida Hospital for a patient data breach that was unrelated to the conspiracy described above. Starting about a week after her husband’s termination, Katrina Munroe, who was hired as an insurance representative by Florida Hospital in 2009, was recruited to take over her husband’s role of stealing patient data to be provided to Kusyakov. In August 2012, the data breach was discovered, and Florida Hospital terminated Katrina Munroe shortly after identifying her as a possible suspect. In total, Florida Hospital has identified more than 12,000 patients whose individually identifiable health information was illegally accessed as a part of the conspiracy.
These cases were investigated by the Federal Bureau of Investigation and the Florida Department of Financial Services, Division of Insurance Fraud. They are being prosecuted by Assistant United States Attorney Roger B. Handberg.
Two Baltimore Brothers Sentenced for the Robberies and Attempted Robberies of Check Cashing Stores, Liquor Store and BankRead the Press Release
Baltimore, Maryland - U.S. District Judge James K. Bredar sentenced Evan Foreman, age 34, of Baltimore, late last Friday to 294 months in prison followed by five years of supervised release for robbery and using a gun in furtherance of a robbery in connection with the robberies or attempted robberies of two check cashing stores, a liquor store and a bank. Foreman’s sentence was increased under the Sentencing Guidelines because he was found to be a “career offender” based on two prior convictions for drug distribution. In imposing sentence, the judge described Foreman’s conduct as “urban terrorism” and ruled that he would have imposed the same sentence even without the finding that Foreman was a career offender.
Judge Bredar also sentenced Michael Foreman, age 45, also of Baltimore, to 12 years in prison followed by three years of supervised release for conspiring to commit robbery.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Baltimore Police Commissioner Anthony W. Batts; and Chief James W. Johnson of the Baltimore County Police Department.
According to their plea agreements, from prior to August 2010 to at least June 20, 2011, Evan Foreman conspired with his brothers Michael and Brian Foreman, his neighbor Christopher Horton and others to rob commercial establishments in the Baltimore area. The robbers scouted the location of the store or bank, and borrowed a gun from a third party who would receive part of the stolen money.
Evan Foreman admitted that he and at least one other conspirator: robbed One Stop Shop, a liquor store located at 4905 Frankford Avenue in Baltimore, on July 27, 2010, in which he used a handgun to steal $600; robbed Gold’s Check Cashing store located at 10 West 22nd Street in Baltimore, on October 27, 2010, in which he used a pistol to steal $21,684.61 in cash and checks; attempted to rob a PNC Bank branch located within the Giant supermarket at 9730 Groffs Mill Drive in Owings Mills, Maryland on December 27, 2010, at which Horton worked; attempted to rob an ACE check cashing store located at 200 North Highland Avenue in Baltimore, on January 21, 2011, in which he beat a woman before giving up his attempted robbery; and used a firearm to rob the same PNC Bank of $10,600 on February 14, 2011 while Horton was working at the bank.
Michael Foreman admitted that he participated in the attempted December 27, 2010 robbery of the PNC Bank branch and the successful robbery of the bank on February 14, 2011.
Brian Foreman, age 39, and Christopher Horton, age 30, both of Baltimore, previously pleaded guilty to their participation in the scheme. Brian Foreman was sentenced to 51 months in prison. Christopher Horton is scheduled to be sentenced tomorrow, January 8, 2013 at 10:00 a.m.
United States Attorney Rod J. Rosenstein praised the FBI , the Baltimore City Police Department and the Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Benjamin M. Block, who prosecuted the case.
HOME
Twelve-year Sentence for Franklin Man Who Purchased Sadistic Images of Child PornographyRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
CINCINNATI – Paul G. Fox, 48, of Franklin, Ohio was sentenced in U.S. District Court today to 144 months in prison for possession of more than 600 images of child pornography, depicting children under 12 years old in sadistic and masochistic conduct.
Carter M. Stewart, United States Attorney for the Southern District of Ohio and Marlon Miller, Special Agent in Charge, Homeland Security Investigations (HSI), and members of the Greater Cincinnati Internet Crimes Against Children Task Force (ICAC) announced the sentence handed down today by Senior U.S. District Judge Sandra S. Beckwith.
Fox pleaded guilty on April 24, 2013 to one count of receipt of child pornography. According to court documents, HSI received a child exploitation referral from the Queensland Police in Australia regarding images posted on a Russian image board indicating the exchange of images of child exploitation, with information pointing to Fox.
HSI and Franklin Police obtained a search warrant for Fox’s house on January 9, 2013 where they seized computer storage media and a computer. A forensic analysis of the computer by the Secret Service showed that Fox knowingly received multiple images and videos depicting violence or sadistic conduct. Fox possessed more than 600 images. Fox was arrested January 11, 2013 and has been in custody since his arrest.
After he completes his prison term, Fox will be under court supervision for the rest of his life. Under federal law, he must register as a sex offender anywhere he lives, works or goes to school.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
U.S. Attorney Stewart commended the investigation by HSI and ICAC, as well as the Regional Electronics and Computer Investigations (RECI). Agencies participating in the Greater Cincinnati ICAC, in addition to the U.S. Attorney’s Office include the FBI, U.S. Marshals Service, U.S. Secret Service, Hamilton County Prosecutor Joe Deters, Hamilton County Sheriff Jim Neil and the police departments in Amberley Village, Blue Ash, Cincinnati, and West Chester.
U.S. Attorney Stewart also commended Assistant U.S. Attorney Christy Muncy, who prosecuted the case.
Twelve Defendants Indicted for Alleged Roles in Scheme to Obtain More Than $1 Million from Counterfeit ChecksRead the Press Release
CHICAGO — Twelve Chicago and area defendants were indicted on federal bank fraud charges, and five of them were also charged with aggravated identity theft, for their alleged roles in a scheme to obtain more than $1 million from counterfeit personal and corporate checks, and actually obtaining more than $700,000, by cashing the bogus checks at various local banks and sharing the proceeds among themselves.
The defendants were charged in a 37-count federal grand jury indictment that was unsealed last Thursday after the lead defendant, KENNTH PEARSON, was arrested by U.S. Secret Service agents who conducted the investigation with assistance from the Downers Grove Police Department and other suburban police departments. Pearson, 39, of Chicago, was charged with 32 counts of bank fraud and one count of aggravated identity theft. He remains in federal custody pending a detention hearing at 10:30 a.m. tomorrow before U.S. District Judge Virginia Kendall.
A co-defendant, DAVID KOTLICKY, 23, of Downers Grove, was ordered detained without bond after he was arrested on Nov. 27, 2012, on a criminal complaint, which preceded the indictment that was returned under seal last month charging Kotlicky, Pearson and 10 other defendants. Defendant ANTIONE MAHONE, 24, of Chicago, was arrested on Friday and released on bond, and an arrest warrant is outstanding for ERIC JACKSON, 24, of Chicago.
The eight remaining defendants will be arraigned on various dates this month before Judge Kendall in Federal Court.
The indictment was announced today by Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois, and Frank Benedetto, Special Agent-in-Charge of the Chicago office of the Secret Service.
According to the indictment, between August 2010 and December 2012, the defendants created hundreds of counterfeit checks, with face values totaling more than $1 million, presented them to various banks to be cashed, usually in amounts of approximately $2,500, and kept and shared the proceeds.
Defendant LATRESE LESHORE, 30, of Chicago, through her employment processing individuals’ health insurance applications and payments, allegedly stole bank customers’ authentic checks and account information by making copies at work, and providing them to a codefendant in exchange for cash, knowing that the victims’ accounts would be compromised.
The indictment alleges that Pearson, Kotlicky and Jackson then used the stolen checks and account information to create counterfeit checks. Pearson and Kotlicky then made and caused others to falsely make changes to the bank customers’ account information so that they could monitor the customers’ accounts, intercept bank employees’ questions about account activity, and prevent immediate detection of the alleged scheme.
Pearson, Kotlicky, Jackson, STACEY SANDERS, 38, of Chicago, and DEANGRIA WELLS, 27, of Chicago, allegedly recruited runners to take the counterfeit checks to branches of American Chartered Bank, Chase Bank, Citibank, Fifth Third Bank, First Midwest Bank, BMO Harris Bank, and U.S. Bank to be cashed. Those same defendants then allegedly collected proceeds of the cashed counterfeit checks from runners, paid the runners a fee for cashing the checks, and distributed the remaining proceeds to Pearson.
Also indicted were: ROGER ELAM, 48; his sister, ROSIE ELAM, 59; LYNADA MAHONE, 34, (Antione Mahone’s cousin); TOVISE STONE, 34; and STARLINDA STUBBS, 21, all of Chicago.
All 12 defendants face at least one or more counts of bank fraud. In addition, Pearson, Kotlicky, Jackson, Sanders, and Leshore were each charged with one count of aggravated identity theft, and Kotlicky alone was charged with one count of passing $80 in counterfeit currency. The indictment also seeks forfeiture of approximately $1 million from Pearson and Kotlicky.
Each count of bank fraud carries a maximum penalty of 30 years in prison and a $1 million fine. Aggravated identity theft carries a mandatory consecutive sentence of two years in prison and a maximum $250,000 fine, and passing counterfeit currency carries a maximum of 20 years in prison and a $250,000 fine. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is being represented by Assistant U.S. Attorney Julie Porter.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Indictment
Three Sentenced in Massive Domestic Sex Trafficking CaseRead the Press Release
HOUSTON – Three men have each been ordered to federal prison for 96 months for their convictions in relation to Operation Total Exposure, the largest domestic sex trafficking case in the Southern District of Texas, United States Attorney Kenneth Magidson announced today. During the course of the investigation, at least one minor was rescued and other minors and several adults have been returned to their families.
Andre McDaniels, 42, and William Hornbeak, 36, entered guilty pleas Sept. 13, and 24, 2012, respectively, while John Butler, 51, Ronnie Presley, 38, and Jamine Lake, 30, pleaded guilty Oct. 4, 2012. The five men, all of Houston, pleaded guilty to conspiracy to commit sex trafficking. In addition to the conspiracy charge, Butler was convicted of one count of transportation. Lake was also convicted of one count of transportation as well as one count of coercion and enticement. Presley and Hornbeak were both also convicted of two counts of coercion and enticement, while Presley was also convicted of two counts of transportation. McDaniels was convicted of one count of coercion and enticement and two counts of transportation.
Today, U.S. District Judge Lynn Hughes sentenced McDaniels, Lake and Presley to 96-month-terms of federal imprisonment. They each received 60 months on the conspiracy charge and 96 months on each of their respective convictions, all to be served concurrently for a total sentence of 96 months for each defendant. They were all also ordered to serve a 10-year-term of supervised release following completion of their sentences and must each pay a $10,000 fine.
Butler and Hornbeak will be sentenced on Jan. 22.
At the hearing today, one of the victims testified about the emotional and physical abuse she suffered, noting one instance where a gun was placed in her mouth. She further discussed how she was branded with a large tattoo of a black panther on her back to mark her as property.
Court records indicated that the defendants operated commercialized sex businesses often disguised as modeling studios, health spas, massage parlors and bikini bars in Houston. Further testimony proved they also utilized sexually oriented publications and websites to advertise their illicit business.
Evidence revealed the conspirators recruited women and minors as young as 16 to work as prostitutes and perform commercial sex acts. Members of the criminal enterprise transported women and minors to and from the Houston area and had ties to Kansas, Nevada, Arizona and Florida. The females were instructed to perform certain acts to insure that the customers to whom they were providing sex acts were not law enforcement officers.
The women were routinely beaten and threatened to instill fear in them and insure their obedience. Some of the co-conspirators also had sexual intercourse with the minor females. Any proceeds the women received as a result of their sexual encounters where taken by the members of the enterprise, rendering them dependent upon the defendants for basic necessities.
McDaniels was also convicted in a separate, but related case of nine counts of witness tampering and faces up to life in prison as a result. He will be sentenced by U.S. District Judge Lee H. Rosenthal March 22, 2013, at 9:00 a.m.
All the men have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to the charges was conducted by the Innocence Lost Task Force of the FBI and the Houston Police Department as part of the Innocence Lost National Initiative. The initiative was founded in June 2003 to address criminal enterprises involved in the domestic sex trafficking of children and is a joint effort of the FBI, the Department of Justice’s Child Exploitation and Obscenity Section, the National Center for Missing and Exploited Children and the Texas Attorney General’s Office.
The case is being prosecuted by Assistant U.S. Attorney Sherri Zack and former Special Assistant U.S. Attorney Angela Goodwin.
Springfield Tax Preparer Sentenced to 18 Months in PrisonRead the Press Release
Boston - A Springfield tax preparer was sentenced today in U.S. District Court in Springfield for filing fraudulent tax returns for her clients.
Yolanda Mercedes Perez Lopez, 51, was sentenced by U.S. District Judge Michael A. Ponsor to 18 months in prison, to be followed by three years of supervised release, and $46,300 in restitution to the Internal Revenue Service. In November 2012, Perez Lopez pleaded guilty to aiding and assisting in the preparation of false tax returns, false statements to a federally insured financial institution, endeavoring to interfere with the administration of the internal revenue laws, false representation of United States citizenship, and false representation of a Social Security Number with intent to deceive.Perez Lopez operated a tax preparation business in Springfield called Lopez Multiservice (LMS). Between February 2007 and April 2008, in order to obtain greater tax refunds for her customers than they were entitled to receive, Perez Lopez prepared numerous tax returns that she knew were fraudulent. Perez Lopez also corruptly endeavored to obstruct and impede the due administration of the Internal Revenue laws by making materially false statements to representatives of the IRS; providing false documentation for her customers to submit to the Massachusetts Department of Revenue; and counseling her customers to lie to representatives of the IRS.
In addition, in April 2009, Perez Lopez provided false and fraudulent financial information to a loan officer at National City Mortgage, a division of National City Bank, in connection with a residential mortgage application for a property located in Agawam, Mass. This information included a 2007 and 2008 tax return that stated substantially more income than the tax returns that she had previously filed with the IRS.
Further, in June 2009, Perez Lopez prepared an amended 2008 tax return that she knew was fraudulent, in that the tax return claimed a first-time homebuyer credit for the property in Agawam, despite the fact that Perez Lopez knew that the individual had already purchased a home which he continued to own and occupy as his primary residence.Lastly, Perez Lopez is a national from the Dominican Republic who resided in the United States without a valid visa. To conceal her true identity, nationality, and immigration status, Perez Lopez used the name, date of birth, and Social Security Number of another person, who was a United States citizen and resident of Puerto Rico. Perez Lopez used this fraudulent identity to operate LMS, bank accounts, credit cards, insurance, and a Massachusetts driver=s license.
United States Attorney Carmen M. Ortiz; William P. Offord, Special Agent In Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Bruce M. Foucart, Special Agent in Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Boston; Scott Antolik, Special Agent In Charge of the Office of Inspector General, Social Security Administration, Office of Investigations, Boston Field Division; and Cortez Richardson, Special Agent In Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, Boston Regional Office, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Steven H. Breslow of Ortiz=s Springfield Branch Office.