John H. Durham, United States Attorney for the District of Connecticut, today announced that DELTON PYLES, also known as “Koolie,” 29, of New Haven, was sentenced yesterday by Chief U.S. District Judge Janet C. Hall in New Haven to 72 months of imprisonment, followed by five years of supervised release, for his role in a violent New Haven street gang.

According to court documents and statements made in court, in January 2014, ATF and the New Haven Police Department began “Operation Red Side” through a series of controlled narcotics purchases and firearms seizures.  The investigation revealed that members and associates of the Red Side Guerilla Brims (“RSGB”), a sect of the Bloods street gang based in New Haven, were engaged in narcotics trafficking and related acts of violence, including murder, attempted murder, assaults and armed robberies.  In addition to distributing crack cocaine and other narcotics in and around New Haven, the investigation indicated that members and associates of the RSGB, under the direction of Jeffrey Benton and others, transported the drugs to Bangor, Maine, and sold them in Bangor and its surrounding communities.  The RSGB also traded narcotics for firearms and used drug addicts as straw purchasers of firearms.  Members then brought the firearms back to New Haven and distributed them to gang members.

PYLES was a member of the RSGB.  The investigation revealed that PYLES was a crack cocaine dealer in the New Haven area, and he supplied other RSGB members with distribution quantities of crack.  On March 19, 2012, PYLES and others were involved in a shootout with a rival gang on South Genessee Street in New Haven.  Although more than 20 rounds were fired, no one was injured.  The gun that PYLES used during the shooting had been acquired from a straw purchaser in Maine.

PYLES has been detained since his arrest on June 26, 2015.  On September 8, 2015, he pleaded guilty to attempted assault with a dangerous weapon in aid of racketeering, brandishing a firearm in furtherance of a crime of violence, and conspiracy to distribute 28 grams or more of crack cocaine.

As a result of this investigation, 21 members and associates of the RSGB were convicted of federal charges in Connecticut and Maine.  The investigation has resolved seven murder cases, four attempted murders and four armed robberies that occurred in 2011 and 2012.

Benton pleaded guilty to various offenses stemming from this investigation and admitted that he participated in four gang-related murders and one attempted murder.  On October 4, 2017, he was sentenced to 480 months of imprisonment.

This investigation has been conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New Haven Police Department, the Connecticut Department of Correction, the Connecticut State Police, the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency and the Hamden Police Department.  The New Haven State’s Attorney’s Office also provided critical assistance in the investigation.

An instrumental component of the investigation has been the work of the Connecticut State Crime Laboratory in utilizing the National Integrated Ballistic Information Network (NIBIN) to analyze ballistics evidence.

This matter is being prosecuted in the District of Connecticut by Assistant U.S. Attorneys Jocelyn Kaoutzanis and Peter Markle.  A related case in the District of Maine is being prosecuted by Assistant U.S. Attorney Joel Casey.

BISMARCK – United States Attorney Christopher C. Myers announced that on June 11, 2018, Chief United States District Judge Daniel L. Hovland sentenced Jess Harlan Mallo, age 44, Williston, ND, on charges of Possession of Materials Depicting the Sexual Exploitation of Children.  Judge Hovland sentenced Mallo to serve 20 years in federal prison, to be followed by 10 years supervised release.

This investigation was initiated when law enforcement received a tip that Mallo had uploaded images to his Gmail account that suggested he may have been victimizing a minor female.  Investigators seized the Gmail account images and conducted a search of Mallo’s residence that resulted in the seizure of several electronic devices belonging to Mallo, which were found to contain images depicting the sexual exploitation of children.  Mallo admitted to possessing child pornography on his devices when interviewed by law enforcement.  Mallo has one prior conviction in 2005 involving the sexual molestation of two minor females in the State of Minnesota.

This case was investigated by the Williston Police Department, Bureau of Criminal Investigation, and Homeland Security Investigations.

Assistant United States Attorney Gary L. Delorme prosecuted the case.

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CHICAGO — More than 50 individuals, including an alleged Mexico-based drug trafficker and a Wisconsin-based courier, are facing criminal charges as part of a joint federal and state investigation into heroin and fentanyl sales in Chicago.

The investigation, dubbed “Operation Full Circle,” centered on drug sales on the city’s West Side, and resulted in the seizure of more than two kilograms of heroin, a kilogram of fentanyl, and 300 pounds of marijuana.  Authorities also seized 17 illegal firearms, including three rifles, and approximately $8,000 in narcotics proceeds.

One of the defendants offered to kidnap a man who allegedly owed a debt to Mexico-based narcotics traffickers in exchange for cash and drugs.  The defendant was arrested and a search of his vehicle revealed two firearms, steel chains and duct tape.  Two other defendants engaged in a handgun-for-heroin transaction in December of last year, according to the federal charges.

The probe was conducted under the umbrella of the Organized Crime Drug Enforcement Task Force (OCDETF), in cooperation with the Chicago High Intensity Drug Trafficking Task Force (HIDTA).  OCDETF is a partnership between federal, state and local law enforcement agencies, whose principal mission is to identify, disrupt and dismantle the most serious drug trafficking organizations.

Criminal complaints and affidavits filed in U.S. District Court in Chicago charge seven defendants with various drug offenses, and two defendants with firearm offenses.  Several of the federal defendants were arrested Tuesday.  Detention hearings for some of the federal defendants will be held on June 22, 2018, before U.S. Magistrate Judge Daniel G. Martin. 

Forty-eight other defendants were charged in state complaints, and many of them were also arrested Tuesday.  They have begun making initial appearances in Cook County Criminal Court.

The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Brian McKnight, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; Nicholas Roti, Director of HIDTA; Kimberly M. Foxx, Cook County State’s Attorney; Eddie Johnson, Superintendent of the Chicago Police Department; and Gabriel L. Grchan, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago.  Substantial assistance was provided by HIDTA DEA Group 43, the U.S. Marshals Service, and the U.S. Postal Inspection Service in Chicago.  Assistant U.S. Attorneys John Mitchell and Grayson Walker are representing the government.

According to the federal complaints, KRZYSZTOF RAK, 60, operates a drug trafficking organization in Mexico, and works with CHRISTOPHER J. DOSS, 47, of Racine, Wisc., to distribute wholesale quantities of fentanyl to customers in the Chicago area.  DONALD HOLMES, SR., 56, of Chicago, and IVAN WALTON, 45, of Lynwood, participated in the organization by regularly distributing Rak’s narcotics in the Chicago area and collecting payment from customers, according to the charges.  The federal complaints describe a meeting earlier this year between Doss and Walton in a restaurant parking lot in south suburban Matteson.  During the meeting, Doss supplied Walton with more than 880 grams of fentanyl, the charges allege.  Law enforcement conducted surveillance of the transaction after securing court authorization to wiretap certain telephones.

In another narcotics transaction described in the federal complaints, NAKIA MCCLINIC, 43, of Chicago, attempted to deliver heroin and fentanyl to an individual who had received the drug order from DESHAWN MOORE, 24, of Bellwood.  Law enforcement was watching when McClinic arrived at the meeting in a parking lot near the University of Illinois at Chicago, the complaints state.  Officers attempted to pull over McClinic’s vehicle but he sped off, tossing the drugs out of the driver’s side window, the charges allege.  McClinic’s vehicle was successfully stopped a short while later, and the narcotics were recovered nearby.

The kidnapping plot involved TEKOA Q. TINCH, 30, of Bloomington, Ill., who allegedly agreed to carry out the kidnapping in exchange for drugs and a split of any money recovered from the victim.  Last month, Tinch met with an undercover law enforcement officer, who was posing as a representative of the Mexico-based group, in a grocery store parking lot in the Little Village neighborhood of Chicago, the complaints state.  During the meeting, Tinch accepted a sham kilogram of cocaine as a purported down payment on the kidnapping, the complaints state.  Tinch was then arrested and his car was searched, revealing the guns, duct tape and chains, the charges allege.

The public is reminded that a complaint contains only charges and 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.  If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory United States Sentencing Guidelines.

St. Louis —The Department of Justice announced the arrest of more than 2,300 suspected online child sex offenders during a three-month, nationwide, operation conducted by Internet Crimes Against Children (ICAC) task forces. The task forces identified 195 offenders who either produced child pornography or committed child sexual abuse, and 383 children who suffered recent, ongoing, or historical sexual abuse or production of child pornography.

The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of March, April, and May 2018.  During the course of the operation, the task forces investigated more than 25,200 complaints of technology-facilitated crimes against children and delivered more than 3,700 presentations on Internet safety to over 390,000 youth and adults. 

On April 4, 2018, in federal court in the Eastern District of Missouri, Daniel Garrison was charged by complaint with Attempt Enticement of a Child.  On April 12, 2018, Garrison was indicted federally on one count of Enticement of a Child, one count of Attempt Enticement of a Child and one count of Possession of Child Pornography.  Garrison was arrested after he used the internet to arrange to meet an undercover officer posing as a minor for sexual purposes.   Investigation determined that, in 2017, Garrison had met a minor through Craigslist and engaged in sexual contact.   A forensic examination of Garrison’s laptop computer found child pornography videos.  

"No child should ever have to endure sexual abuse," Attorney General Jeff Sessions said. "And yet, in recent years, certain forms of modern technology have facilitated the spread of child pornography and created greater incentives for its production. We at the Department of Justice are determined to strike back against these repugnant crimes. It is shocking and very sad that in this one operation, we have arrested more than 2,300 alleged child predators and investigated some 25,200 sexual abuse complaints. Any would-be criminal should be warned: this Department will remain relentless in hunting down those who victimize our children."

The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.

The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP).  In 1998, OJJDP launched the ICAC Task Force Program to help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communication systems or computer technology to exploit children. To date, ICAC Task Forces have reviewed more than 775,000 complaints of child exploitation, which resulted in the arrest of more than 83,000 individuals. In addition, since the ICAC program's inception, more than 629,400 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.

For more information, visit the ICAC Task Force webpage at: https://www.icactaskforce.org/. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders are available online at: https://www.icactaskforce.org/Pages/ContactsTaskForce.aspx

St. Louis, MO – Rodney Gardner, 52, St. Louis, pleaded guilty to one count of interfering with interstate commerce by robbing Jeni’s Splendid Ice Creams. He appeared in federal court this morning before U.S. District Judge E. Richard Webber. 

According to court documents, on March 6, 2018, Gardner entered the Central West End ice cream shop and posed as a customer before he demanded that employees hand over money from the cash register.  Gardner punched one employee multiple times in the face, breaking her nose, grabbed the cash register, and ran from the store.  Police officers arrested him after a brief foot chase. 

Gardner faces up to 20 years imprisonment, a $250,000 fine or both. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges. Gardner has prior convictions for robbery for which he was previously imprisoned in the Missouri Department of Corrections. Sentencing is set for September 11, 2018.

This case was investigated by the St. Louis Metropolitan Police Department.  Assistant United States Attorney Jennifer J. Roy is handling the case for the U.S. Attorney's Office.

DENVER – George Amaya, age 29, of Aurora, Colorado, was sentenced on June 8, 2018, by U.S. District Court Judge Philip A. Brimmer to serve 264 months in federal prison for drug and firearm trafficking, U.S. Attorney Bob Troyer and ATF Denver Division Special Agent in Charge Debbie Livingston announced.  Following his prison sentence, Amaya was ordered to serve 4 years on supervised release.  The defendant, who appeared at the sentencing hearing in custody, was remanded at its conclusion. 

On May 23, 2017, a federal grand jury in Denver returned a superseding indictment against Amaya and three others.  Co-defendant Diego Molina-Chavez pled guilty and was previously sentenced to serve 72 months’ imprisonment.  Two additional defendants, Juan Amaya, aka “Pee Wee”, and Keith Reed, also pled guilty and will be sentenced on July 13, and August 31, 2018.  Juan Amaya is the brother of George Amaya.

According to court documents and facts presented at the sentencing hearing, from October 1, 2016 to May 2, 2017, the defendant was the subject of an on-going, long-term narcotics and firearms trafficking investigation.  He began his criminal conduct in this case while he was still in custody of the Bureau of Prisons from previous charges and while in a halfway house.  On October 5, 2016, Amaya sold 25 grams of actual methamphetamine to a confidential informant.  After that sale, the defendant sold more methamphetamine and firearms to undercover ATF agents.  On May 2, 2017, the defendant agreed to sell 8 ounces of methamphetamine and two firearms to an undercover agent.  The defendant was intercepted by members of the Aurora SWAT team prior to this deal.  In his vehicle, within his reach, were two firearms.  When officers went to arrest the defendant, one officer saw the defendant look over his shoulder at the officer and then reach to the center console area of the car, near the stereo, where a firearm was later located.  Also, Amaya had 212 grams of actual methamphetamine in his vehicle.

“Amaya’s long absence from our community will tangibly improve our safety,” said U.S. Attorney Bob Troyer.  “He is exactly who we want off our streets.”

“We go after the worst of the worst and Amaya fits in that category,” said Debbie Livingston, ATF Denver Special Agent in Charge. “He is a documented gang member who was selling guns and drugs while on federal parole.  It is a good day knowing he has been removed from our streets. I am proud of our work with the DEA, and the Aurora, Denver, and Lakewood Police Departments that made this possible.”

This case was investigated by the ATF, with substantial assistance by the DEA, and the Aurora, Denver, and Lakewood Police Departments.  The defendant is being prosecuted by Assistant U.S. Attorney Celeste Rangel. 

WASHINGTON – A Wisconsin man was charged in an indictment yesterday with the crimes of producing and possessing child pornography and engaging in illicit sexual conduct in a foreign place, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Matthew D. Krueger of the Eastern District of Wisconsin.

Jeffrey H. Ernisse, 61, is currently incarcerated for state offenses related to child exploitation at the Red Granite Correctional Institution in Wisconsin.  A grand jury in the U.S. District Court for the Eastern District of Wisconsin indicted Ernisse on two counts of producing child pornography, two counts of producing child pornography outside of the United States, one count of engaging in illicit sexual conduct with a minor in the Philippines and one count of possessing child pornography.

According to the indictment, on or about March 10, 2015 and then again, on or about April 7, 2015, Ernisse used a minor to engage in sexually explicit conduct for the purpose of producing child pornography.  Between approximately June 17, 2014, and approximately April 11, 2015, Ernisse engaged in illicit sexual conduct with a minor in the Republic of the Philippines.  And on or about Dec. 18, 2015, Ernisse possessed child pornography.

The charges contained in the indictment are merely allegations.  The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.                       

U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) is investigating this case with the cooperation of the Sheboygan, Wisconsin, Police Department.  Trial Attorney William M. Grady of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Megan J. Paulson and Penelope L. Coblentz of the Eastern District of Wisconsin are prosecuting the case.

This investigation is a 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 CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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NORFOLK, Va. – A Portsmouth man pleaded guilty today to possession with intent to distribute cocaine and possessing firearms during a drug trafficking crime.

According to court documents, Antwon Grant, 45, was involved in a large scale drug organization that stretched from Virginia to Maryland, DEA agents obtained a search warrant for storage unit Grant rented at a facility in Chesapeake. A court authorized search of the self-storage unit revealed 662 grams of cocaine and five firearms.

Grant pleaded guilty to possession with intent to distribute cocaine, and possession of a firearm during a drug trafficking offense. He faces a maximum penalty of life in prison when sentenced on September 18. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after U.S. District Judge Raymond A. Jackson accepted the plea. Assistant U.S. Attorney William D. Muhr is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-50.

DENVER – Thornton resident Carlos Fernandez-Barron, age 38, has been sentenced to serve 135 months (11 years and 3 months) in federal prison for cocaine trafficking, U.S. Attorney Bob Troyer and DEA Denver Division Special Agent in Charge William “Tim” McDermott announced.  The sentence was handed down by U.S. District Court Judge Raymond P. Moore on June 8, 2018.  After serving his prison sentence, Fernandez-Barron will serve an additional 5 years on supervised release.  The defendant appeared at the sentencing hearing in custody, and was remanded at its conclusion. 

The defendant and seven others were indicted by a federal grand jury in Denver on September 3, 2015.  A superseding indictment was obtained on May 2, 2016.  Of the seven individuals indicted, five pled guilty and were sentenced for their crimes, and two defendants – including Fernandez-Barron -- went to trial and were found guilty.  In total, all seven defendants were sentenced to over 550 months combined for their cocaine trafficking. 

At trial, the government introduced evidence showing that Fernandez-Barron was a Denver-based member of a sophisticated cocaine trafficking conspiracy, which was responsible for sending hundreds of kilograms of cocaine to Colorado and millions of dollars in proceeds back to Chihuahua, Mexico.  The defendant helped unload cocaine from hidden compartments in vehicles, distribute it in the Denver metro area, and then collect proceeds to return to Mexico.   On March 19, 2018, a Denver jury convicted Fernandez-Baron of conspiring with others to distribute and possess with the intent to distribute five kilograms or more of cocaine.  The jury also convicted Fernandez-Baron of personally distributing or possessing with the intent to distribute five kilograms or more of cocaine.

“Colorado law enforcement partnerships are the national gold standard,” said U.S. Attorney Bob Troyer.  “Thanks to them, it remains a foolish decision for drug trafficking organizations to set up shop here.”

“This case is a great representation of how the DEA and our law enforcement partners target major drug trafficking organizations responsible for the importation and distribution of hundreds of kilograms of cocaine into our community,” said DEA Denver Division Special Agent in Charge McDermott.  “This case was successful due to partnerships between the DEA and the Task Force Officers of the multiple law enforcement agencies that make up the Front Range Task Force; including the Denver Police Department, Douglas County Sheriff’s Office, Colorado Bureau of Investigation, Aurora Police Department, Arapahoe County Sheriff’s Office, 18^th Judicial District, Mountain View Police Department, and Homeland Security Investigations (ICE).”

In addition to Fernandez-Barron, Lucio Ivan Lozano was sentenced to 180 months (15 years) in prison; Edgar Rene Mier-Garces was sentenced to 178 months (nearly 15 years) in prison; Keneth Molina-Villalobos was sentenced to serve 120 months (10 years) in prison; Jose Lara-Gallegos was sentenced to 84 months (7 years) in prison; Jose Delores Licon-Gallegos was sentenced to serve time served; and Martha Patricia Mota was sentenced to serve 15 months (1.25 years).

This case was investigated by the Rocky Mountain High Intensity Drug Trafficking Area’s Front Range Task Force, which includes agents from the Drug Enforcement Administration, Denver Field Division, with assistance from the other law enforcement agencies listed above.  Assistant United States Attorney Peter McNeilly and Special Assistant United States Attorney Wayne Paugh prosecuted this matter for the United States. 

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 11, 2018, by U.S. District Judge Roberto A. Lange.

Lynsi Bad Warrior, age 34, was sentenced to 34 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Bad Warrior was indicted by a federal grand jury on July 18, 2017.  She pled guilty on March 19, 2018.

The conviction stemmed from an incident on April 7, 2017, when Bad Warrior was drinking.  Bad Warrior heard that a certain individual was at the tree line behind the Lakota Thrifty Mart in Eagle Butte.  Bad Warrior caught a ride to the tree line to look for that individual.  When Bad Warrior found the individual, she assaulted them.  Bad Warrior punched the victim approximately 16 times, and also kicked and stomped on their head and throughout their body approximately 14 times, while the victim laid on the ground defenseless.  Bad Warrior was wearing shoes at the time.  A video was made of the assault and posted on You Tube.  Law enforcement was called and two officers from the Cheyenne River Sioux Tribe Law Enforcement Services responded.  When they arrived on scene, they found the victim laying on the ground unconscious, and an ambulance was requested.  The victim began having seizures prior to the ambulance arriving.  The victim was transported by ambulance to the Indian Health Services Emergency Room.    

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the case.

Bad Warrior was immediately turned over to the custody of the U.S. Marshals Service.

A man from Arlington, South Dakota, has been ordered to pay $353,441.42 to the United States for defrauding the United States Postal Service.   As postmaster from 2010 until 2015, Craig Christeson devised a scheme whereby he falsely certified receipt of spoiled postage meter strips, printed and cashed money orders, then kept the money.  On June 27, 2016, Christeson pleaded guilty to Theft of Government Funds, 8 U.S.C. § 641, and was ordered to pay restitution in the amount of $8,970.71 (United States v. Craig John Christeson, CR 15-40117-1).

The U.S. Attorney’s Office then brought a civil action pursuant to the False Claims Act (FCA), 31 U.S.C. § 3729(a)(1), the Government's primary litigation tool in combating fraud.  The FCA imposes significant civil penalties on persons and companies who knowingly submit false claims to obtain federal funds. Persons who submit a false claim must pay to the United States a civil penalty between $5,500 and $11,000 for each false claim, plus three times the amount of damages the government sustained.  Pursuant to the FCA, the Court has ordered Christeson to pay a civil judgment of $353,441.42 to the United States.  As a basis for that holding, District Judge Karen E. Schreier noted that the fraud was intentional, and that it continued over multiple years. Criminal restitution, penalties, and debts obtained by fraud are not dischargeable in bankruptcy.  11 U.S.C. § 523. 

The U.S. Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against the government, and works with various law enforcement agencies to identify and investigate these matters.  “Crime does not pay,” said U.S. Attorney Ron Parsons.  “This case should serve notice that we are going to come after anyone who steals from the United States government with every tool we have.” 

The investigation was conducted by the U.S. Postal Service, Office of Inspector General. Assistant U.S. Attorneys Ann M. Hoffman and Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.

New Bern– United States Attorney Robert J. Higdon, Jr. announced that in federal court today THOMAS R. BOWES, 53, of Camden, North Carolina, pleaded guilty before United States Magistrate Judge James E. Gates to false impersonation of an officer or employee of the United States, all in violation of Title 18, United States Code, Section 912.

According to the Criminal Information filed on April 27, 2018,  and information presented in open court, THOMAS R. BOWES retired from the U.S. Coast Guard on November 30, 2013, as a Senior Chief Petty Officer.  Thereafter, he formed his own company.  He choose, however, to misappropriate the U.S. Department of Homeland Security (“DHS”) seal without authorization.   In his dealings with suppliers, BOWES falsely held himself out as a Sr. Sniper Instructor, Dept. Homeland Security, Southeast Task Force, and signed letters “Chief Thomas Bowes, U.S. Department of Homeland Security.”  He did so to obtain various things of value, including but not limited to, expedited service from merchants, entry into various sniper competitions, and arguably, a government discount from the merchants as he sought pricing for “DHS sniper team” or the “Homeland Security Sniper Team.”  In one instance, BOWES falsely represented himself as an employee of the Department of Homeland Security in an effort to secure expedited work on a firearm, writing that his “commanding officer” needed answers as they were “30 days into a hostage crises.”  A search of BOWES’ emails revealed that between July 2, 2014, and November 13, 2016, he sent approximately 126 emails in which he falsely represented himself as an employee of the Department of Homeland Security.

Mr. Higdon commented: “The privilege of exercising the responsibility and powers of the federal government is protected by those laws which govern the use of the insignia, seals and other representations of federal authority.  These laws ensure that those empowered by the public are the only ones who exercise that authority and they likewise protect the public from those who would defraud them under the guise of federal power.  The defendant – himself a former federal official who certainly knows better – attempted to benefit himself and defraud others by claiming a position and influence he did not rightly possess.  This prosecution sends a clear message to anyone else who might falsely impersonate a federal official that there will be consequences for the crime.” 

“This investigation demonstrated the importance of protecting the integrity of the Department of Homeland Security (DHS) and U.S. Coast Guard (USCG) by holding accountable those who use official DHS and USCG government symbols, words and phrases to deceive or mislead the public,” commented Marty J. Martinez, Special Agent in Charge of the Coast Guard Investigative Service.

“This defendant plead guilty to false impersonation and the misrepresentation of himself as being affiliated with the Department of Homeland Security, for personal gains.  This office will remain vigilant in seeking the prosecution of those, who are intent on misrepresenting the Department of Homeland Security, its 22 federal agencies, services, and programs,” said James E. Ward, Special Agent in Charge of the Department of Homeland Security, Office of Inspector General.

At sentencing, BOWES faces a maximum term of imprisonment of 3 years, and/or $250,000 fine.

The case was investigated by the United States Department of Homeland Security – Office of the Inspector General and the United States Coast Guard Investigative Service, Chesapeake Region. Assistant U.S. Attorney Banumathi Rangarajan is handling the prosecution on behalf to the Eastern District of North Carolina.

EUGENE, Ore. – Anthony Ballard Jones, 36, was sentenced today to 78 months in federal prison for the interstate transport of individuals for prostitution and being a felon in possession of a firearm. Jones will serve a five year term of supervised release upon the conclusion of his prison sentence.

According to court documents, Jones transported two adult female victims from Idaho to Oregon so they could engage in commercial sex acts. His first victim had been with Jones for approximately eight months prior to Jones’ arrest, and Jones met his second victim in Boise, Idaho, in March 2015. She was homeless at the time, and Jones offered her drugs and convinced her that prostitution could make her rich. After originally telling Jones that she did not want to engage in prostitution, she later agreed to do so.

Jones would talk menacingly about “regulating” his victims and keeping them “in check” in order to intimidate them. On March 7, 2015, at a motel in Eugene, a planned commercial sex act fell apart when the second victim decided not to participate. The John became upset, started tearing at the second victim’s clothing, and threatened to return with a gun. After this incident, Jones threatened to leave the second victim stranded in Oregon if she did not continue to engage in prostitution. The police investigated the disturbance at the motel and subsequently contacted Jones. Jones, a convicted felon, was found in possession of a pistol and was arrested.

Jones previously pleaded guilty to one count each of interstate transport for prostitution and felon in possession of a firearm on Tuesday, November 21, 2017.

This case was investigated by the FBI and Eugene Police Department, and prosecuted by Jeffrey S. Sweet, Assistant U.S. Attorney for the District of Oregon.

Three men who trafficked methamphetamine were sentenced June 12, 2018, each to more than twenty years in federal prison.

Juan Carlos Martinez, age 28, Manuel Fujarte, age 34, and John Minteer, age 45, all from Marshalltown, Iowa, received the prison terms after pleading guilty to conspiracy to distribute at least 500 grams of methamphetamine.

At their guilty pleas, Martinez, Fujarte, and Minteer admitted to conspiring to distribute ice methamphetamine, a highly pure, crystalized form of methamphetamine, throughout Northern Iowa.  The conspiracy lasted between the fall of 2014 and the fall of 2016.  Martinez, Fujarte, and Minteer were all responsible for distributing multiple ounces of ice methamphetamine to a network of drug customers.

Prior to his arrest and while on probation in Marshall County, Martinez obtained a stolen gun and went to a daycare in Pleasant Hill, Iowa, in an attempt to contact his ex-wife and child in violation of a no contact order.  Police officers responded to the daycare.  Martinez then brandished the gun and refused to drop it.  An officer used a Taser on Martinez and he was taken into custody.  Martinez was later convicted of assault while displaying a dangerous weapon and possession of a firearm as a felon in Polk County District Court.

Martinez, Fujarte, and Minteer were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Martinez was sentenced to 252 months’ imprisonment, Fujarte was sentenced to 262 months’ imprisonment, and Minteer was sentenced to 234 months’ imprisonment.  All three must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Martinez, Fujarte, and Minteer are being held in the United States Marshal’s custody until they can be transported to a federal prison.

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 17-CR-2022.

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PROVIDENCE, RI – A Dominican national previously deported on three occasions was sentenced today to 29 months in federal prison for illegal reentry, announced United States Attorney Stephen G. Dambruch and C.M. Cronin, Field Office Director for United States Immigration and Customs Enforcement (ICE).

According to court records, Jose Mercedes-Leon, 45, was removed from the United States to the Dominican Republic in September 1999. In May 2002, he was removed from the United States for a second time, after completing a Rhode Island state court sentence imposed as the result of his conviction on a drug charge.

In July 2010, Mercedes-Leon was convicted in U.S. District Court in Providence for illegal reentry and sentenced to 2 years in federal prison. He was deported to the Dominican Republic for a third time on February 25, 2011.

 In December 2016, Mercedes-Leon was arrested by North Smithfield Police on a Rhode Island state drug charge. He was released into the custody of ICE agents on May 2, 2017, after completing a term of incarceration at the Adult Correctional Institutions.

On March 29, 2018, Mercedes-Leon pleaded guilty before U.S. District Court Judge John J. McConnell, Jr., to illegal reentry. Mercedes-Leon faces deportation for a fourth time upon completion of his term of incarceration.

The case was prosecuted by Assistant U.S. Attorney Zechariah Chafee, Border Security coordinator for the United States Attorney’s Office for the District of Rhode Island.

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GREENVILLE– The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced RODERICK MCNEILL, 23, of Lumberton, North Carolina to 40 months of imprisonment followed by 3 years of supervised release.

MCNEILL was named in an Indictment on June 22, 2017.  On March 12, 2018, MCNEILL pled guilty to one-count of Possession of an Unregistered Firearm.

On April 4, 2016, Lumberton Police Department officers responded to a complaint of shots fired in the vicinity of a business which had both a restaurant and convenience store in the same building.  Upon their arrival, investigators recovered a sawed-off, 8-inch long, Braztech 20 gauge shotgun, which was thrown on the roof of a church by MCNEILL. The shotgun had a makeshift pistol grip attached to the action and barrel, which was wrapped in electrical tape.  No serial number was visible on the shotgun and it was loaded with one live 20 gauge shotgun round. Investigators also discovered 3 rounds of .38 special caliber ammunition, one additional 20 gauge shotgun round, and a metal adapter which was designed to fit into the chamber of the shotgun in order to allow it to fire .38 special caliber ammunition. 

On November 7, 2016, MCNEILL was arrested at his home in Lumberton on numerous outstanding warrants for charges that included conduct related to the possession of a sawed-off shotgun on April 4, 2016.

     This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative.  This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

The Lumberton Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the conducted the criminal investigation of this case.  Assistant United States Attorney James J. Kurosad handled the prosecution of this case for the government.

HOUSTON – A federal jury has convicted a 47-year-old Humble woman of making false statements and theft of public money, announced U.S. Attorney Ryan Patrick. They deliberated for approximately an hour following less than three days of trial convicting Lisa Yvette Coffman.

Coffman was a 29-year federal postal employee. She sustained a job-related injury in 2011, but submitted more than $46,000 in false travel reimbursement claims related to that injury.  

The jury heard testimony from a Department of Labor employee who explained worker’s compensation regulations. The government also presented testimony from employees from six different medical providers who explained the actual number of visits Coffman attended, a number drastically lower than was she claimed in her travel reimbursement submissions.

A special agent with U.S. Postal Service – Office of Inspector General (USPS-OIG) told the jury how they discovered the fraud which totaled $46,000.

U.S. District Judge Melinda Harmon presided over the trial and set sentencing for Sept. 14, 2018. At that time, she faces up to five years in prison for the false statements and another 10 years for theft of public money. Both convictions also carry a possible fine of $250,000.

USPS-OIG conducted the investigation. Assistant U.S. Attorneys Jennie Basile and Charlie Escher are prosecuting the case.

            Concord - United States Attorney Scott W. Murray announced that Thomas William Hickey, 34, of Nashua was sentenced on Tuesday to serve 27 months in prison for failing to register as a sex offender.

            According to statements made in court, Hickey was convicted in Florida in 2003 of lewd or lascivious molestation of a 12-year-old girl.  As a result of that conviction, he was required by law to register as a sex offender.  After his release from prison, Hickey later registered as a sex offender in Florida and Massachusetts.

            In July of 2017, the Nashua Police Department reported to the United States Marshals Service (USMS) that it had received a tip that Hickey was a sex offender who had been living in Nashua for a period of months without registering.  The USMS confirmed with Massachusetts authorities that Hickey was in fact a sex offender who had been living in Massachusetts.  The Massachusetts authorities were unaware that Hickey had moved to New Hampshire.

            Hickey later was interviewed by a Deputy U.S. Marshal and a Nashua Police Detective and admitted that he had moved to New Hampshire in 2017 because he did not want people to know he was a sex offender.

            Hickey previously pleaded guilty to this offense on February 6, 2018.  After serving his prison sentence, he will be on supervised release for five years.

            “Maintaining the safety of our children is a primary objective of the U.S. Attorney’s Office.” said U.S. Attorney Murray.  “By aggressively prosecuting sex offenders who fail to comply with their registration obligations, we are attempting to protect our community’s children from being victimized.  I am grateful to the United States Marshals Service and the Nashua Police Department for locating this individual who sought to prevent the public from learning about his status as a sex offender.”

            “This investigation was a combined effort between the New Hampshire Joint Fugitive Task Force and the Nashua NH Police Department.  Since the inception of the New Hampshire Joint Fugitive Task Force in 2002, these partnerships have resulted in over 7,029 arrests,” said Chief Deputy Brenda Mikelson of the USMS. “These arrests have ranged in seriousness from murder, assault, unregistered sex offenders, probation and parole violations and numerous other serious offenses. Nationally the USMS fugitive programs are carried out with local law enforcement in 94 district offices, 85 local fugitive task forces, 8 regional task forces, as well as a growing network of offices in foreign countries.”

           This case was investigated by the USMS and the Nashua Police Department.  The case was prosecuted by Assistant U.S. Attorney Arnold Huftalen.

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NEWARK, N.J. – The U.S. Attorney’s Office for the District of New Jersey filed a lawsuit today against the Borough of Woodcliff Lake, New Jersey, alleging that the borough and its zoning board violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied zoning approval to allow an Orthodox Jewish congregation to build a house of worship on its property and took steps to keep it from building a house of worship anywhere else in the borough.

According to the complaint, Valley Chabad, an Orthodox Jewish congregation located in Woodcliff Lake, spent nine years searching for a property within the area suitable to construct a house of worship. However, when Valley Chabad attempted to buy three different sites between 2005 and 2013, the borough thwarted those attempts in various ways, including expressing interest in rezoning or acquiring those properties through eminent domain after Valley Chabad entered contracts to purchase them. The borough ultimately acquired two of the properties and rezoned the third.

Unable to purchase a new property in the area that was suitable for their needs, Valley Chabad submitted a variance application to the Woodcliff Lake zoning board to construct a larger house of worship at its current location in the borough. After two years, 18 hearings, and substantial revisions by Valley Chabad to address size and transportation concerns, the zoning board denied the application.

The zoning board cited aesthetic concerns, the adverse impact on the “residential character of the neighborhood,” and safety issues that were undermined by the testimony of the zoning board’s own experts. The board also noted parking limitations that were the result of a 2016 ordinance enacted well after Valley Chabad submitted its variance application in 2014. In addition, when citing concerns that Valley Chabad would not adhere to the occupancy limits proposed in the application, the zoning board falsely characterized testimony from a Valley Chabad rabbi about prior attempts to control crowds.

“Federal law protects all religious communities from discrimination and unlawful barriers when they seek to build a place of worship,” said U.S. Attorney Carpenito. “According to the complaint, the Borough of Woodcliff Lake imposed a substantial burden on Valley Chabad’s religious freedom by repeatedly meddling in its attempts to purchase property in the area and citing subjective and misleading reasons to justify denying its zoning application.”

“The right to use land for religious exercise, free from unduly burdensome or discriminatory restrictions, is a fundamental constitutional right,” said Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division. “The Department of Justice remains vigilant in its enforcement of federal civil rights laws protecting religious groups’ ability to establish places of worship without improper interference.”

The Department of Justice today announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities – as provided by the land use provisions of the RLUIPA. As a part of the new initiative, the Department will work with the U.S. Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA. The first community outreach event under the initiative will be held on June 25, in Newark, led by the U.S. Attorney’s Office for the District of New Jersey.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.

More information about RLUIPA and the Justice Department’s new Place to Worship Initiative is available at www.justice.gov/crt/placetoworship and at www.justice.gov/crt/rluipa. Questions and answers about RLUIPA and other documents may be found at www.justice.gov/crt/about/hce/rluipaexplain.php.

The government is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Office’s Civil Rights Unit, Civil Division, and Assistant U.S. Attorney Susan Millenky, Civil Division.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Keith Ray Morgan, age 34, of Wilburton, Oklahoma, was sentenced to 37 months imprisonment and 3 years supervised release for Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charge arose from an investigation by the Latimer County Sherriff’s Office, the Oklahoma Highway Patrol, the District 16 District Attorney’s Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Indictment alleged that on or about August 9, 2017, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to wit: One (1) New England Firearms, Pardner Model, 12-guage shotgun, serial number NS356513, which had been shipped and transported in interstate commerce. 

“Public safety is a priority for local, state, tribal and federal law enforcement agencies. When law enforcement agencies work together toward the common goal of protecting the public, as they did in this investigation, the result is a safer community,” said United States Attorney Brian J. Kuester. “I commend the agencies involved in this investigation for their strong working relationships and open communication with each other.”

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.