A man who sent threatening “tweets” on the Internet to United States Senator Joni Ernst was sentenced today to six years in federal prison.  Joseph Hilton Dierks, age 34, from Waterloo, Iowa, received the prison term after a November 22, 2017, jury verdict finding him guilty of three counts of sending threatening communications.

The evidence at trial showed that in August 2017, Dierks began sending Senator Ernst threatening tweets from his Twitter account to her Twitter accounts.  The United States Capitol Police in Washington, D.C. then contacted the Waterloo Police Department, which sent a law enforcement officer to Dierks’ home.  Dierks promised the officer he would “tone it down” but, within 24 hours, Dierks began sending threatening tweets to the Senator again.  The Senator was in Iowa at the time of Dierks’ threats, which resulted in additional security precautions.

Dierks was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Dierks was sentenced to 72 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

In sentencing Dierks, Judge Reade emphasized Dierks’ escalating criminal history, which included a prior conviction for harassing a Waterloo police officer and carrying weapons.  Dierks also filmed himself tracing a knife on the outline of an unwitting neighbor across the street and offered to cut him up.  Dierks also stated in a recorded jailhouse telephone call with his mother that he had no intention of following the Court’s orders when released from prison, hated the United States of America, blamed others for his predicament, and stated life meant very little to him.  Judge Reade found Dierks posed an “extreme risk” to recidivate.

“The safety of elected officials is something that cannot be taken lightly,” said United States Attorney Peter E. Deegan, Jr.  “This sentencing sends the message that those who attempt to intimidate or threaten to harm elected officials will be held accountable for their actions.”

Dierks is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorneys Timothy L. Vavricek and Richard L. Murphy and investigated by the Federal Bureau of Investigation, with the assistance of the United States Capitol Police and the Waterloo Police Department. 

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

The case file number is 17-CR-2065-LRR.

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ELBERT MOORE, age 36, of Houma, Louisiana, was sentenced today before the Honorable Susie Morgan. MOORE was charged by way of a bill of information with violating the Federal Controlled Substances Act.

According to the court records, MOORE conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a quantity of a mixture or substance containing a detectable amount of cocaine, and a quantity of a mixture or substance containing a detectable amount of methamphetamine. MOORE admitted to being captured on a Title III wire intercept. 

MOORE was sentenced to 120 months in the Bureau of Prisons and eight years of supervised release following his release from prison.   

This case was investigated by Special Agents of the Drug Enforcement Administration (DEA).  The prosecution is being handled by Assistant United States Attorney David Haller.

Earlier today, at the federal courthouse in Brooklyn, Kevin Paniagua (“Stomper”), a member of the Centrales Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, pleaded guilty to attempted murder and firearms charges in connection with his participation in the October 23, 2016 attempted murder of a then-16-year-old in Jamaica, Queens.  The proceeding was held before United States Magistrate Judge James Orenstein.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the guilty plea.

“Paniagua, a member of the MS-13 gang, admitted that he participated in the execution-style attempted murder of a sixteen-year-old youth, whom he left paralyzed,” stated United States Attorney Donoghue.  “MS-13 spreads fear throughout the community by killing suspected rival gang members and others who cross their path.  We will continue to work with our law enforcement partners to eradicate violent gangs and prevent our streets from turning into battlegrounds.”  Mr. Donoghue thanked the Federal Bureau of Investigation and the New York City Police Department for their partnership and outstanding work on the case.

According to court filings and the defendant’s statements during his guilty plea, Paniagua and other MS-13 members and associates orchestrated and attempted to murder a then sixteen-year-old boy because they suspected he was a member of the rival 18th Street gang.  In the early morning hours of October 23, 2016, Paniagua and his coconspirators sought out the victim and laid in wait to intercept him as he walked through the streets of Queens.  When the victim walked past Paniagua and his coconspirators, they beat him.  Paniagua then pulled out a gun and shot the victim in the face.  He then attempted to shoot the victim a second time, as he lay motionless on the ground.  The gun jammed, and Paniagua was not able to execute the victim, who was left paralyzed from his injuries. 

Paniagua faces a mandatory minimum sentence of 10 years’ imprisonment and a maximum sentence of life in prison when sentenced by United States District Judge Roslynn R. Mauskopf.  Upon completion of his sentence, the defendant faces deportation from the United States. 

Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization.  The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America.  Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York.  A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults.  Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the district, and has convicted dozens of MS-13 leaders and members in connection with those murders.  These prosecutions are the product of investigations led by our law enforcement partners including the FBI’s Safe Streets Task Force, comprising agents and officers of the FBI and NYPD.

The government’s case is being handled by the Office’s Organized Crime and Gangs section.  Assistant United States Attorneys Nadia E. Moore and Keith D. Edelman are in charge of the prosecution.

The Defendant:

KEVIN PANIAGUA (also known as “Stomper”)
Age:  19
Queens, New York

E.D.N.Y. Docket No. 17-CR-307 (RRM)

A man who sold synthetic cannabinoids (K2) to homeless people was sentenced on June 13, 2018, to nearly 20 years in federal prison.

Benjamin Michael McCauley, age 45, from Cedar Rapids, Iowa, received the prison term after a December 5, 2017, guilty plea to possessing with intent to distribute controlled substances called XLR-11, AB‑PINACA, and AB‑CHMINACA, AB‑FUBINACA.

In a plea agreement, McCauley admitted he started selling synthetic cannabinoids in 2014.  McCauley’s brother, Matthew McCauley, was prosecuted in federal court at that time for using his Cedar Rapids business, the Fragrance Hut, as a place to sell illegal synthetic drugs.  Benjamin McCauley admitted that after his brother was arrested on the federal drug charges, Benjamin reached out to Matthew’s online suppliers to purchase synthetic cannabinoid products, but was rejected.  McCauley and an associate then used the associate’s name to order the synthetic drugs.  McCauley also admitted that he regularly supplied another individual with synthetic cannabinoids to sell to people in the free lunch line in Iowa City. 

In March 2015, officers conducted a search of McCauley’s residence and seized over 240 grams of synthetic cannabinoids in product packaging labeled “Buddah Shack,” “Joker,” and “Get Real.”  The packaging also contained disclaimers that the products were “not for human consumption.”  McCauley admitted he possessed the synthetic cannabinoids and intended to distribute some or all of them to others, whom he knew would consume the products.  McCauley also admitted that he used and distributed methamphetamine.  Court documents reflect that McCauley and his associates would also recruit homeless people to purchase boxes of pseudoephedrine so McCauley and his associates could manufacture methamphetamine.  McCauley and his associates would sometimes pay the homeless people for the pseudoephedrine with synthetic cannabinoids.

McCauley was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  At the sentencing hearing, Judge Reade noted that McCauley had 68 prior criminal convictions, including several for violent offenses.  Court records reflect that McCauley’s criminal history included a conviction for domestic abuse assault causing bodily injury in which he assaulted a woman by “grabbing her and hitting her on the back of her head several times” and “[w]hen she turned and looked up at the defendant and pleaded for him to stop, he struck her between the eyes, knocking her unconscious.”

McCauley was sentenced to 235 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

McCauley is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case investigated by the High Risk Unit of the Sixth Judicial District Department of Corrections and was prosecuted by Assistant United States Attorney Dan Chatham. 

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

The case file number is 17-CR-74-LRR.

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BECKLEY, W.Va. – A Tennessee man was sentenced today for committing a federal gun crime, announced United States Attorney Mike Stuart. Marvin Dunigan, 46, of Johnson City, previously entered a guilty plea to being a felon in possession of a firearm and was sentenced to 46 months in federal prison. U.S. Attorney Stuart commended the investigation of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beckley Police Department.

“A convicted felon and repeat violator of federal gun laws,” said United States Attorney Mike Stuart.  “Guys like Dunigan aren’t supposed to have firearms for a reason.  He was fully aware of the prohibition and now he’ll serve almost 4 years in a federal pen because he chose not to follow the law.”

Dunigan admitted that on August 16, 2016, he possessed a Cobra Model C32, .32 caliber firearm in Beckley.  Dunigan was prohibited from possessing a firearm under federal law because of a 2010 felony conviction in the United States District Court for the Eastern District of Tennessee, his first conviction for being a prior felon in possession of a firearm.

United States District Judge Irene C. Berger imposed the sentence.

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.

Follow us on Twitter: @SDWVNewsand @USAttyStuart 
 

 
 
 
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Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Jennifer Joyce Douglas, age 37, of Toppenish, Washington, was sentenced after having pleaded guilty on February 16, 2018, to second degree murder and discharging a firearm during a crime of violence. United States District Judge Salvador Mendoza, Jr. sentenced Douglas to a 235-month term of imprisonment for second degree murder and a consecutive 120-month term of imprisonment for discharging a firearm during a crime of violence, to be followed by a five year term of court supervision following release from federal prison. Judge Mendoza also ordered Douglas to pay the surviving victim and deceased victim’s family $282,007.00 in restitution.

According to information disclosed during court proceedings, Yakama Nation police officers and deputies with the Yakima County Sheriff’s Office responded to a residence in Wapato, Washington, after receiving a 911 call. In one bedroom, officers saw an unconscious victim with multiple gunshot wounds on the floor. This person showed signs of life, and was transported to the hospital. In another bedroom, officers found a deceased victim shot in the face. It appeared to be an execution-style killing because of the medical examiner’s findings that the firearm had been discharged within close proximity of the victim. As officers investigated the crime scene, they also determined someone had discharged a firearm at the water heater, causing flooding in the residence.

A short time later, a police officer initiated a traffic stop on a vehicle driven by Douglas, but registered to one of the victims. Douglas told the officer she borrowed the vehicle the previous day. She appeared to be under the influence of drugs. Douglas was arrested and booked into the Yakima County Jail. The next day, when interviewed by FBI agents, Douglas admitted shooting both victims. Douglas stated it was a blur, and “I don’t know why I did it.” The motive for the shootings is unclear.

United States Attorney Harrington said, “This case is an example of the superb work that can be accomplished when federal, state, tribal and local law enforcement work together. The United States Attorney’s Office for the Eastern District of Washington, the Federal Bureau of Investigation, and the Yakama Nation Tribal Police Department, Yakima County Sheriff’s Office, and Wapato Police Department are committed to investigating and prosecuting violent crimes occurring in the exterior boundaries of the Yakama Nation.”

This case was investigated by the Federal Bureau of Investigation, Yakama Nation Tribal Police Department, Yakima County Sheriff’s Office, and Wapato Police Department. The case was prosecuted by Meghan McCalla and Thomas Hanlon, Assistant United States Attorneys for the Eastern District of Washington.

PITTSBURGH, Pa. - A former resident of Allegheny County, Pennsylvania, has pleaded guilty in federal court to a charge of possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.

John Edward Desalome, age 30, of Bridgeville, Pennsylvania, pleaded guilty before United States District Judge Nora Barry Fischer.

In connection with the guilty plea, the Court was advised that on November 23, 2016, Desalome possessed videos in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age.

United States District Judge Nora Barry Fischer scheduled sentencing for October 23, 2018 at 11 a.m. The law provides for a maximum sentence of 10 years imprisonment, a maximum term of supervised release of life, and a fine of $250,000.00. 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 Jessica Lieber Smolar is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation (FBI) conducted the investigation leading to the successful prosecution of Desalome.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

ALBUQUERQUE – Patrick Moquino, 39, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to an assault charge. 

Moquino was arrested on July 11, 2017, on a criminal complaint charging him with assaulting a Mescalero Apache man by punching and kicking the victim in the head.   Moquino subsequently was indicted on Nov. 8, 2017, and charged with assault resulting in serious bodily injury.  According to the indictment, Moquino committed the assault on March 14, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M.

During today’s proceedings, Moquino pled guilty to the indictment and admitted that on March 14, 2017, he assaulted the victim by punching and kicking the victim while the victim was lying on the ground.  Moquino further admitted that the victim suffered a fractured nasal bone and head trauma as the result of the assault.

At sentencing, Moquino faces a maximum penalty of ten years in federal prison.  A sentencing hearing has yet to be scheduled. 

This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

PITTSBURGH, Pa – An Allegheny County resident has been sentenced in federal court to 54 months probation, with 11 months of home confinement,  and ordered to pay $3,434 in restitution on her conviction of conspiracy to commit offenses against the United States, United States Attorney Scott W. Brady announced today.

United States District Judge Mark R. Hornak imposed the sentence on Tynesha Renee Dorsey, 46, of Pittsburgh, PA.

According to information presented to the court, Dorsey, and two codefendants operated a forged prescription ring. Prescriptions were forged with the names, DEA numbers, medical license numbers, and signatures of real medical doctors. The prescriptions, most of which were forged for oxycodone and Percocet, were filled at a large number of Western Pennsylvania pharmacies and primarily paid for with Medicaid funds. The fraudulently obtained prescription pills were then sold on the street for substantial profit.

Assistant United States Attorney Robert S. Cessar prosecuted this case on behalf of the government.

United States Attorney Brady commended the Federal Bureau of Investigation, Drug Enforcement Administration, Pittsburgh Bureau of Police, Brentwood Police Department, Mt. Pleasant Police Department and Bellevue Police Department for the investigation leading to the successful prosecution of Dorsey.

United States Attorney Brandon J. Fremin announced today that a federal jury has convicted JOSHUAL HILTON,age 33, of Baton Rouge, Louisiana, of drug trafficking and firearm violations.  Earlier this afternoon, after a two and a half day trial, the jury unanimously returned guilty verdicts on all three counts presented at trial, namely, possession with the intent to distribute methamphetamine, marijuana and promethazine, possession of a firearm by a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime. 

As the evidence at trial demonstrated, HILTON distributed methamphetamine, marijuana and promethazine in a Baton Rouge neighborhood near Sherwood Forest Boulevard.  A search warrant executed at his residence on Silverest Drive on September 22, 2016, resulted in the seizure of two kilograms of methamphetamine, over 5 pounds of marijuana, and 20 bottles of promethazine syrup.  Law enforcement officers also recovered a stolen loaded Glock .40 semi-automatic pistol with an extended magazine and over $36,000 in drug proceeds.   HILTON led police on a high-speed chase through neighborhoods near St. Thomas More School, tossing drugs out of the window as he fled, prior to his arrest.

As a result of his convictions and a sentencing enhancement based upon prior drug convictions, HILTON faces a mandatory sentence of life imprisonment.

United States Attorney Brandon J. Fremin stated, “The evidence clearly showed that Mr. Hilton is an unrepentant drug dealer who continued to ply a very dangerous trade in our community.  Today reaffirms, yet again, that armed drug traffickers will find no safe quarter in our communities – and certainly not in federal court.  I applaud the thoughtful decisions of the unanimous jury, and the excellent work of the prosecutors and the federal and local law enforcement agencies who worked seamlessly together to bring this drug trafficker to justice.  Our collective work to make our communities safer must and will continue with vigor.”

ATF New Orleans Assistant Special Agent-in-Charge Jeffrey Powell stated, “With today’s guilty verdict, the armed drug traffickers that prey on our communities should be nervous.  ATF, along with our state and local law enforcement partners, will pursue these violent criminals until they are removed from our neighborhoods for good.”

This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the United States Bureau of Alcohol, Tobacco and Firearms, and the East Baton Rouge Parish Sheriff’s Office.  The investigation received valuable assistance from the Drug Enforcement Administration.  This matter is being prosecuted by Assistant United States Attorney and Deputy Criminal Chief Jennifer Kleinpeter and Assistant United States Attorney Ryan Rezaei.

LONDON, Ky.— Richard Walker, 33, of Manchester, Ky., was sentenced Tuesday to 16 years in federal prison, by United States District Court Judge Gregory F. Van Tatenhove, for conspiracy to distribute 500 grams or more of a methamphetamine mixture. 

Walker pleaded guilty to the charges in February of 2017.  During his guilty plea, Walker admitted that he had regularly obtained kilogram quantities of methamphetamine and sold it in Laurel County and Clay County, Kentucky.  These charges were related to the seizure of more than five pounds of methamphetamine from Walker, in May of 2016.  

Under federal law, Walker must serve 85 percent of his prison sentence, and, upon release, will be under the supervision of the United States Probation Office for 10 years.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowrey, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives; and Chris Fultz, Manchester Police Chief, jointly made the announcement.  The United States Marshals Service and the Kentucky State Police also assisted in the investigation.  The United States was represented by Assistant United States Attorney Andrew H. Trimble.

LONDON, Ky. — Donnie Garland, 52, of Corbin, Ky., was sentenced Tuesday to 30 years in federal prison, by United States District Court Judge Gregory F. Van Tatenhove, for distributing methamphetamine, possessing with intent to distribute 50 grams or more of a methamphetamine mixture, possessing a firearm in furtherance of his drug trafficking crimes, and possessing a firearm following a felony criminal conviction. 

A federal jury convicted Garland of these charges, following a two-day trial, in August of 2017.  During the trial, video evidence revealed that Garland sold methamphetamine, on five different occasions, and that he possessed firearms or had armed guards stationed outside of his location, during some of these sales.  Evidence in the case also included a search of Garland’s residence, which uncovered more than 150 grams of methamphetamine, more than120 grams of marijuana, nearly 700 pills, and 11 firearms.  This conviction represents the sixth time Garland has been convicted of a drug trafficking offense, which qualified him as an Armed Career Criminal under Federal law. 

Garland must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for 8 years.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Amy Hess, Special Agent in Charge of the FBI Louisville Field Division; Richard Sanders, Kentucky State Police Commissioner; and Mike Smith, Knox County Sheriff, jointly made the announcement.  The United States was represented by Assistant United States Attorney Andrew H. Trimble.

LONDON, Ky.,— Timothy Lawson, 31, of Manchester, Ky., was sentenced today, to  32 years in federal prison, by United States District Judge Claria Horn Boom, on counts of brandishing and discharging a firearm during a carjacking.

Lawson entered a guilty plea to the charges in November of last year.  According to the plea agreement, on July 21, 2016, Lawson unlawfully entered the residence and waited on the homeowner to return.  When the homeowner arrived, Lawson met her, brandished a stolen shotgun, and threatened to kill her if she did not give him the keys to her vehicle.  The homeowner complied and Lawson drove off in her vehicle.  A short time later, Lawson wrecked the stolen vehicle and a family who saw the wreck and stopped to render assistance.  Lawson then approached their vehicle, and again brandished the shotgun.  Lawson also discharged the shotgun, firing a shot over the top of the family’s vehicle.  Lawson ordered the family out of the vehicle, which he then stole.  Lawson subsequently fled from the police and was arrested several days later.   

Under federal law, Lawson must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for three years.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowrey, Special Agent In-Charge of the ATF; Richard Sanders, Commissioner of the Kentucky States Police; Chris Fultz, Chief of the Manchester Police Department; Kelly Shouse, Owsley County Sheriff; and Kevin Johnson, Clay County Sheriff, jointly announced the sentence.

The investigation was conducted by the ATF, the Kentucky State Police, the Manchester Police Department, the Owsley County Sheriff’s Office, and the Clay County Sheriff’s Office. The government was represented by Assistant United States Attorney W. Samuel Dotson.

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.

United States Attorney Ron Parsons announced that a South Dakota man convicted of Interstate Communications with Threat to Injure was sentenced on June 11, 2018, by U.S. District Judge Roberto A. Lange.

Graham Garnos, age 41, was sentenced to time served (37 months), 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Garnos was indicted by a federal grand jury on March 4, 2015.  He pled guilty on March 19, 2018.

In 2007, Garnos was arrested on felony drug charges.  Over the last few years, Garnos has called, left voicemail messages, sent e-mails, and posted things on Facebook and YouTube, all discussing his hostility towards the arresting officer.

On February 22, 2015, Garnos called the cell phone of the wife of the arresting officer, who did not answer.  Garnos left a long voicemail to the victim, where he was threatening to kill the victim and her husband. 

This case was investigated by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Defendant had a prior removal for illegally entering the United States

BECKLEY, W.Va. –  Ezequias De Los Santos-Ruiz entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart.  Santos-Ruiz, 23, of Oaxaca, Mexico faces up to 2 years of incarceration, a $250,000 fine, supervised release for one year, and a special assessment of $100 when he is sentenced on October 3, 2018.  Santos-Ruiz also faces removal proceedings at the conclusion of any sentence of incarceration.   United States Attorney Mike Stuart praised the work of the West Virginia State Police and Immigration and Customs Enforcement (ICE). 

“It’s simple,” said United States Attorney Mike Stuart.  “If you cross the border illegally and are found in our jurisdiction, we will prosecute you.”

On March 15, 2018,  Santos-Ruiz was a passenger in a car that was stopped by the West Virginia State Police near Beaver, Raleigh County, West Virginia.  Once stopped, he offered to the Trooper a Mexican Identification document.  The Trooper immediately contacted ICE agents to confirm alienage.  ICE spoke to Santos-Ruiz and confirmed that he was not legally present in the United States. ICE agents drove to the area and placed Santos-Ruiz under arrest.  ICE agents further submitted Santos-Ruiz’s  fingerprints for a forensic examination.  The results of the examination matched him to a prior removal from the United States in 2017 from Kingsville, Texas.  After being deported, Santos-Ruiz illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Santos-Ruiz is a citizen of Mexico.

Assistant United States Attorney Erik S. Goes handled the prosecution.  Judge Irene C. Berger presided over the plea hearing.

Follow us on Twitter: @SDWVNewsand @USAttyStuart 

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BECKLEY, W.Va. – A Beckley convicted felon pled guilty today to federal drug and gun charges, announced United States Attorney Mike Stuart. Anthony Harvey, 42, of Beckley, West Virginia, entered his guilty plea to distributing a quantity of methamphetamine and being a felon in possession of a firearm. U.S. Attorney Stuart commended the investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley Police Department.

“Recidivism is a real problem,” said United States Attorney Mike Stuart.  “With two previous felony convictions prohibiting him from possessing guns, Harvey continues to break the law -- by possessing firearms and selling methamphetamine.  Now he faces significant time behind bars.” 

On June 14, 2016, Harvey sold a quantity of methamphetamine to a confidential informant working with the Beckley Police Department.  On August 16, 2016, law enforcement officers executed a search warrant at Harvey’s home.  At that time Harvey was a twice convicted felon and was in possession of firearms.  Specifically, Harvey possessed a Davis Industries, Model DM-22, .22 caliber pistol and a F.I.E. Model Titan, .25 caliber revolver.  Harvey was prohibited from possessing any firearm under federal law because of two prior convictions, one for assault with a firearm in California in 1995, and the other was the sale of marijuana in California in 2004.  

Harvey faces up to 30 years in federal prison when he is sentenced on October 3, 2018.

United States District Judge Irene C. Berger presided over the plea hearing.

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.

Follow us on Twitter:SDWVNews  

 
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CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding the Department of Justice’s Place to Worship Initiative:

“America needs more faith not less.  This U.S. Attorney will protect the rights of all citizens in the public exercise of religious beliefs including worship or prayers at public events,” said United States Attorney Mike Stuart.  “I am prepared to protect the free exercise of religion including a tradition pre-game prayer.  This is a fundamental right of every American.”

Please see the press release below for more information about the Place to Worship Initiative.

Follow us on Twitter: @SDWVNewsand @USAttyStuart 

SAN JOSE – Venkat Guntpally was sentenced to 30 months in prison for his role in a conspiracy to commit several crimes including visa fraud, obstruction of justice, use of false documents, and mail fraud, announced Acting United States Attorney Alex G. Tse; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan Spradlin; and U.S. State Department, Diplomatic Security Service, San Francisco Field Office Special Agent in Charge David Zebley.  The sentence was handed down by the Honorable Lucy H. Koh, U.S. District Judge.  Guntpally is the last of four defendants to be sentenced in connection with the visa fraud scheme.

A federal grand jury indicted Venkat Guntipally, 49, his wife, Sunitha Guntipally, 44, of Fremont, and two other defendants, Pratap “Bob” Kondamoori, 56, of Incline Village, Nev., and Sandhya Ramireddi, 58, of Pleasanton, in a 33-count indictment filed May 5, 2016.  The indictment contains charges in connection with the submission of fraudulent applications for H-1B specialty-occupation work visas.

“Through this multi-year conspiracy, Mr. Guntipally and his co-conspirators exploited foreign workers for profit, defrauded the United States, and engaged in brazen obstruction of justice,” said Acting U.S. Attorney Tse.  “Today’s sentence reflects that such crimes harm the nation’s immigration system and erode public trust.  This office will continue to prosecute defendants who are out to make an unlawful profit and abuse our immigration laws for purely personal gain.”

“As the lead agency in this investigation, the Diplomatic Security Service demonstrated its commitment to maintaining the integrity of U.S. visas. We pursue those who fraudulently use worker visas, like the H-1B, for personal gain,” said Special Agent in Charge Perlman. “Diplomatic Security Service’s strong relationship with our law enforcement partners and the U.S. Attorney’s Office for the Northern District of California, continues to be essential in the pursuit of justice.”

“Unscrupulous actions by employers to gain an unfair advantage will not be tolerated and HSI will commit its resources to stop these types of criminals from gaming our immigration system to line their pockets with money at the cost of others,” said Ryan L. Spradlin, Special Agent in Charge of HSI operations in northern California and northern Nevada.

Venkat Guntpally pleaded guilty on April 24, 2017, at which time he admitted that he and his wife founded and owned DS Soft Tech and Equinett, two employment-staffing companies for technology firms. In addition, Guntipally admitted that between approximately 2010 and 2014, he and his wife, together with others, submitted to the government more than one hundred fraudulent petitions for foreign workers to be placed at other purported companies.  The end-client companies listed in the fraudulent H-1B applications either did not exist or never received the proposed H-1B workers.  None of the listed companies ever intended to receive those H-1B workers.  The scheme’s intended purpose was to create a pool of H-1B workers who then could be placed at legitimate employment positions in the Northern District of California and elsewhere.  Through this scheme, Venkat Guntipally, along with his co-conspirators, gained an unfair advantage over competing employment-staffing firms, and the Guntipallys earned millions in ill-gotten gains.  Venkat Guntipally also admitted that he and his codefendants obstructed justice, including by directing workers to lie to investigators and by laundering money.  

Venkat Guntipally was charged with one count of conspiracy, in violation of 18 U.S.C. § 371; ten counts of substantive visa fraud, in violation of 18 U.S.C. § 1546(a); seven counts of using false documents, in violation of 18 U.S.C. § 1001(a)(3); and four counts of mail fraud, in violation of 18 U.S.C. § 1341.  He pleaded guilty to the conspiracy charge and the remaining charges were dismissed.  

In addition to the prison term, Judge Koh ordered Venkat Guntipally to serve three years of supervised release and ordered him to forfeit $500,000.  Venkat Guntipally was ordered to self-surrender on or before June 14, 2019.    

All three of Venkat Guntipally’s co-defendants previously pleaded guilty to their respective roles in the scheme.  Last year, Judge Koh sentenced Sunitha Guntipally to 52 months in prison, Ramireddi to 14 months’ imprisonment, and Kondamoori to 20 months’ imprisonment for their respective conduct.  

Assistant U.S. Attorney Jonas Lerman is prosecuting the case with the assistance of Laurie Worthen.  The prosecution is the result of an investigation led by the U.S. Department of State Diplomatic Security Service’s representative to the Document and Benefit Fraud Task Force (DBFTF) overseen by the Department of Homeland Security’s Homeland Security Investigations. The DBFTF is a multi-agency task force that coordinates investigations into fraudulent immigration documents. U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security also assisted with the investigation.
 

SAN FRANCISCO – Carlos Maturana was sentenced today to 10 years in prison for his role in a conspiracy to distribute and possess with intent to distribute methamphetamine, announced Acting United States Attorney Alex G. Tse and Drug Enforcement Administration Acting Special Agent in Charge Jerry A. Miller.  The sentence was handed down today by the Honorable Charles R. Breyer, U.S. District Judge.

Maturana, 26, of Daly City, pleaded guilty on January 31, 2018. He admitted that from June 6, 2016, through August 15, 2016, he participated in a conspiracy to distribute and possess with intent to distribute methamphetamine.  Specifically, Maturana admitted that on June 8, 2016, he supplied his co-defendant, Juan Guillermo Estrada-Zapata, 28, of Daly City, with approximately one-half pound of methamphetamine.  Later that day, Estrada-Zapata sold that one-half pound of methamphetamine to an undercover DEA agent for $2,200.  Further, Maturana admitted that on August 3, 2016, he again supplied Estrada-Zapata with approximately one-half of a pound of methamphetamine.  Later that day, Estrada-Zapata again sold the one-half pound of methamphetamine to the undercover DEA agent for $2,200.

Maturana was arrested on August 15, 2016.  On that day, Maturana arranged to supply Estrada-Zapata with approximately three pounds of methamphetamine that was supposed to besold the undercover agent for $11,000.  Law enforcement authorities arrived at Maturana’s house prepared to execute a search warrant prior to the planned drug transaction.  The authorities saw Maturana walk from his house to his car while carrying a brown shopping bag and a black gym bag.  Authorities approached Maturana, searched the bags he was carrying, and executed the search warrant.  Authorities seized approximately seven and a half pounds of methamphetamine, a Bersa .45 caliber pistol loaded with a magazine containing six rounds of ammunition, approximately 62 grams of cocaine, almost $3,000 in cash, a Browning .40 caliber pistol, one loaded magazine containing seven rounds of .45 caliber ammunition, 12 rounds of .38 caliber ammunition, and almost 800 grams of marijuana.  

On May 4, 2017, a federal grand jury indicted Maturana and Estrada-Zapata with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, in violation of 21 United States, Code, Sections 846, 841(a)(1), and 841(b)(1)(A) as well as substantive distribution charges.  Pursuant to his plea agreement, Maturana pleaded guilty to the conspiracy and the distribution charge was dismissed.  

In addition to the prison term, Judge Breyer also sentenced Maturana to a five-year period of supervised release.  

Estrada-Zapata pleaded guilty on December 6, 2017, to conspiring to distribute and possess with intent to distribute 500 grams or more of methamphetamine.  On May 2, 2018, Judge Breyer sentenced Estrada-Zapata to two years in prison and a five-year term of supervised release.

Assistant U.S. Attorney Christiaan Highsmith is prosecuting the case with the assistance of Adria Trgovcich, Linda Love, and Theresa Benitez.  The prosecution is the result of an investigation by the Drug Enforcement Administration Metro Task Force, the San Mateo County Narcotics Task Force, and the San Francisco Police Department Narcotics Unit.
 

SAN JOSE – Peter C. Chang, founder and former chief executive officer of a Sunnyvale-based fiber optics equipment maker, was sentenced to 24 months in prison today for insider trading and tender offer fraud, announced Acting United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.  The sentence was handed down by the Honorable Lucy H. Koh, United States District Judge.    

Chang, 60, of Los Altos, Calif., was the President, Chief Executive Officer (CEO), and Chair of the Board of Directors of Alliance Fiber Optic Products, Inc. (AFOP), a manufacturer of fiber optic components based in Sunnyvale, Calif.  AFOP was publicly traded on the NASDAQ until the company was acquired in June 2016.  According to his February 21, 2018, guilty plea, Chang used two brokerage accounts, held in the names of his brother and his wife, to purchase and sell AFOP stock.  He admitted that he had access to material nonpublic information about the company, and that his duty of confidentiality and company policies regarding insider trading prevented him from trading on the information.

Further, Chang admitted that he sold AFOP stock in the days prior to two public announcements of the company’s earnings on October 28, 2015 and February 18, 2016.  The timing of these sales allowed Chang to avoid losses he would otherwise have incurred when the stock price dropped after the announcements.  Chang further admitted that in March 2016, he purchased AFOP stock while he knew material nonpublic information about a potential acquisition of the company by a larger public company.  The acquisition of AFOP was publicly announced on April 7, 2016.

In addition to the prison term, Judge Koh ordered Chang to serve three years of supervised release.  Chang is currently free on bond; Judge Koh ordered him to self-surrender on or before September 12, 2018, to begin serving his sentence.   

Assistant U.S. Attorney Lloyd Farnham is prosecuting the case with the assistance of Claudia Hyslop, Phillip Villanueva, and Bridget Kilkenny. The prosecution is the result of an investigation by the FBI.  Additional assistance was provided by the San Francisco Regional Office of the Securities and Exchange Commission.