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CREATOR OF “FITWALL” EXERCISE EQUIPMENT PLEADS GUILTY TO FAILING TO FILE INCOME TAX RETURNS AND HEALTH CARE BENEFITS FRAUD

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WASHINGTON - A resident of Cheyenne, Wyoming and creator of "Fitwall" exercise equipment pleaded guilty today to two counts of willfully failing to file his income tax returns and one count of making a fraudulent application for health care benefits. The change of plea was announced by Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Mark A. Klaassen for the District of Wyoming, whose offices are engaged in a joint prosecution of this case.

According to court documents, from 2008-2012, Douglas E. Brendle owned and operated Brendle Climbing Systems, LLC, which sold Fitwalls. In January 2013, Brendle sold the rights to Fitwall to investors, and in exchange received nearly $1.5 million in payments during the period of 2013-2014. Despite receiving this income, Brendle failed to file individual income tax returns or pay income taxes in 2013 or 2014. Brendle’s conduct resulted in a tax loss of $404,501.

Additionally, during 2013-2014, Brendle fraudulently received health care benefits for himself and his family from Wyoming Medicaid, a jointly administered federal-state health care program that pays for medical care for eligible low-income individuals and families. In December 2013, Brendle caused a false renewal application to be filed for Wyoming Medicaid claiming his household had no income. During 2013–2014, Wyoming Medicaid paid Brendle over $20,000 in benefits to which he and his family were not entitled.

Sentencing is scheduled for September 24, 2018. Brendle faces a statutory maximum sentence of three years in prison, as well as a period of supervised release, restitution and monetary penalties.

"These cases take substantial time and effort to investigate and prosecute, but serve as a reminder that no person is above the law, and we will hold those accountable who use improper means to avoid taxes," said U.S Attorney Klaassen. "We also cannot allow false claims against our health care programs to siphon resources intended to assist our most needy families."

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Klaassen commended the work of special agents of Internal Revenue Service Criminal Investigation office in developing the case against Brendle, as well as Assistant U.S. Attorney Eric J. Heimann and Trial Attorney Eric C. Schmale of the Tax Division, who are prosecuting the case.

Additional information about the enforcement efforts of the United States Attorney’s Office and the Tax Division may be found on their respective websites.


Convicted Felon/Gang Member Sentenced to 10 Years in Federal Prison for Possessing Firearm Used to Kill Child

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Anthony Patrick Sanders, aka “Ant,” aka Lil A,” 28, of Nashville, Tennessee, was sentenced today in U.S. District Court to the statutory maximum of ten years in prison for being a felon in possession of two firearms, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.   One of those firearms killed a seven-year-old girl in the Napier Homes public housing development in Nashville.   

Sanders was charged in a criminal complaint on June 14, 2017, after the accidental shooting death of 7-year old Harmony Warfield on June 6, 2017.  He was indicted by a federal grand jury on July 12, 2017, and pleaded guilty on November 7, 2017.

According to court documents, in June 2016 Sanders was released from prison after being convicted of kidnapping in 2008.  In or around February 2017, Sanders began frequenting the J.C. Napier Housing Development in Nashville and regularly began selling heroin in the area.  Sanders was known to regularly carry a firearm when he was selling heroin in the area and he frequently stayed at an apartment on Lewis St.

Sanders stayed at the Lewis St. apartment on the night of June 5, 2017.  He awoke the following morning and went outside, leaving a loaded pistol within easy access of anyone inside the apartment.  Shortly thereafter, a juvenile in the apartment picked up the firearm and discharged the weapon, striking Harmony Warfield in the head and killing her.  Sanders then re-entered the apartment and found Harmony laying on the kitchen floor with a gunshot wound to the head. He then retrieved the firearm and fled the area.  Court records indicate that three other children, ages 2, 11 and 14, were in the apartment when the incident occurred.

Sanders eventually fled to a community near Columbus, Ohio where he hid the firearm, which was later recovered by ATF agents.  Sanders later made threatening statements directed at the person he believed helped recover the firearm.  It was also determined that Sanders had taken this firearm from an individual in May 2017, after a fight in the Cayce Homes public housing development in Nashville.  

In sentencing Sanders, U.S. District Judge Aleta Trauger remarked that this was a very serious case of a felon possessing a firearm because of the resulting tragedy and the defendant’s actions that followed.  Judge Trauger also remarked that the upward variance from the advisory sentencing guidelines of 87-108 months was appropriate in this case.

This case was investigated by the ATF and the Metropolitan Nashville Police Department-Youth Services Division.  Assistant U.S. Attorney Sunny A.M. Koshy prosecuted the case.

Four Individuals Including Two Illegal Aliens Facing Federal Charges in Deadly Fentanyl & Heroin Distribution Conspiracy

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Four individuals, including two who are illegally in the United States, are facing federal drug distribution charges following drug overdoses last March in Columbia, Tennessee, announced Don Cochran, U.S. Attorney for the Middle District of Tennessee. 

A federal grand jury sitting in Nashville, yesterday, returned a nine-count superseding indictment against the following persons: Juan Manuel Morales-Rodriguez, aka “Jimmy,” aka “Antonio Sanchez-Mundo,” 39, of Tepic, Mexico; Juan Samudio-Castro, aka “Carlos,” 26, of Michoaacan, Mexico; Austin Chase Sneed, 23, and Jacob Allen Beaver, 22, both of Columbia, Tennessee.  Rodriguez, Castro and Sneed were originally charged with the heroin distribution conspiracy in a criminal complaint on March 27, 2018, and all defendants are in custody.

“As long as it takes, the U.S. Attorney’s Office and local, state and federal law enforcement will continue our pursuit against those who insist on contributing to the opioid epidemic facing this nation by supplying their deadly fentanyl-laced drugs and exploiting a vulnerable and addicted population, said U.S. Attorney Cochran.  “This is yet another tragic example of the consequences of a long un-checked immigration system and the ease in which these illegal drugs enter our country.” 

Count one of the indictment charges all four with conspiracy to distribute and possess with intent to distribute fentanyl and heroin, the use of which resulted in death and serious bodily injury.  Morales-Rodriguez and Samudio-Castro are charged with an additional six counts of distributing heroin/fentanyl.  Sneed is charged with two additional counts of distributing heroin/fentanyl and Beaver is charged with one additional count of distributing heroin/fentanyl.  In addition, Morales-Rodriguez, who is illegally in the United States, is charged with aggravated illegal reentry.  

According to the indictment, on March 21, 2018, at least two individuals in Maury County, Tennessee died as a result of ingesting and overdosing on heroin and/or fentanyl, a powerful synthetic opioid commonly prescribed for pain management and relief.                           

Charging documents also allege that the defendants were involved in a conspiracy where individuals would call a telephone number and place an order for illicit drugs, in this case heroin.  The drugs were later delivered to the customer by a third-party courier who works for the same drug organization.  After a customer called and placed an order for heroin, the person answering the phone instructed the customer to meet a drug courier inside various public restrooms in the Franklin, Cool Springs, and Brentwood areas near Interstate 65 in Williamson County, Tennessee.  Charging documents allege that the drug transactions occurred in the public restrooms of retail establishments in that area..

If convicted, the defendants face a mandatory minimum of 20 years in prison, up to life and up to a $5,000,000 fine. 

The case was investigated by the Drug Enforcement Administration; the Columbia Police Dept; the Maury County Sheriff’s Office; the Metropolitan Nashville Police Department; the Williamson County Sheriff’s Office; and the 21st Judicial District Attorney’s Office.  The case is being prosecuted by Assistant U.S. Attorney Siji Moore.

An indictment is merely an accusation.  All defendants are presumed innocent until proven guilty in a court of law.

 

Media Advisory: United States Attorney’s Office for the Northern District of Iowa to Host Roundtable Discussion with More Than 20 Community Organizations on Combatting Sexual Harassment in Housing

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SIOUX CITY, IA – The United States Attorney’s Office for the Northern District of Iowa and the Department of Justice’s Civil Rights Division will host a roundtable for community organizations to discuss the problem of sexual harassment in housing. The roundtable is designed to build collaboration among key partners in an effort to identify barriers to reporting sexual harassment in housing and increase awareness of the DOJ’s enforcement efforts.  The U.S. Attorney’s Office anticipates the involvement of more than 20 different community organizations.

United States Attorney Peter Deegan will be present and joined by Nancy Langworthy, a Senior Attorney for the DOJ’s Civil Rights Division in Washington, D.C. 

Event Details

When:       10:00AM-12:00PM, Friday, July 20, 2018

Where:    Sioux City Public Museum, 607 4th Street, Sioux City, IA 51101

This is a “pen and pad” opportunity for the press.  Photography permitted.  A press release will be provided and interview opportunities will be available. 

Follow us on Twitter @USAO_NDIA.

Leader of MS-13 East Coast Program Sentenced to Over 19 Years in Prison for RICO Conspiracy

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BOSTON – The leader of the MS-13 East Coast Program was sentenced today in federal court in Boston for racketeering conspiracy.

Jose Adan Martinez Castro, a/k/a “Chucky,” 29, a Salvadoran national formerly residing in Richmond, Va., was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 235 months in prison, the top of the sentencing range recommended by the U.S. Sentencing Guidelines. Castro will be subject to deportation upon completion of his sentence. In November 2017, Castro pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO or racketeering conspiracy.  

After a multi-year investigation, Castro was one of dozens of leaders, members, and associates of MS-13 named in a superseding indictment unsealed in January 2016 that targeted MS-13’s criminal activities in Massachusetts. According to court documents, MS-13 members engaged in a variety of racketeering acts and crimes of violence, including six different murders committed by MS-13 members in Massachusetts between October 2014 and January 2016. 

Castro was one of 49 defendants to be convicted as part of this case. All nine defendants who went to trial were convicted and 40 others pleaded guilty.

MS-13 is a transnational criminal organization run by leaders in El Salvador, with thousands of members across the United States. In Massachusetts, as in other states, MS-13 is organized in the form of “cliques” or local branches. Groups of cliques are organized into “programs” that act under the larger mantle of MS-13. This creates a hierarchy that expedites communication and orders passed down from the leadership in El Salvador to the gang members on streets in the United States. 

During the investigation, Castro was identified as the leader of MS-13’s East Coast Program. Most of the cliques in Massachusetts fall under the East Coast Program, which also has cliques in Maryland, Virginia, New York, New Jersey, North Carolina, Texas, and Ohio. 

On Dec. 13, 2015, using a cooperating witness, law enforcement recorded a meeting of the East Coast Program leadership at Castro’s home in Richmond. The recorded meeting provided evidence about the organizational structure, leadership structure, and recruitment system of MS-13 as well as the means, methods, objectives, and operating principles of the gang.  Leaders of the East Coast Program cliques from Massachusetts, Ohio, Texas, and Virginia attended the meeting.

During the meeting, Castro and others discussed how there was enough space in the East Coast Program for the all of the assembled MS-13 cliques to work cooperatively. Castro and others also discussed the need for the cliques to be better at planning and coordinating hits (i.e., murders) and Castro confirmed that murders generally had to be approved by MS-13 leaders before the local members could carry them out. The group also discussed sending money to El Salvador to support MS-13, the need to work together to increase the gang’s strength and control, and the need to kill anyone who provided information against the gang. An El Salvadoran-based leader of MS-13 also participated in the meeting via the phone and provided direction to the assembled leaders.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; Somerville Police Chief David Fallon; and Wes Adams, State’s Attorney, Anne Arundel County (Maryland), Anne Arundel County State’s Attorney’s Office, made the announcement today.

South Bend Man Sentenced to 120 Months in Prison

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SOUTH BEND – Charles D’Angelo Lockett, 23 years old, of South Bend, Indiana, was sentenced by U.S. District Court Judge Robert L. Miller, Jr. for being a felon in possession of one or more stolen firearms announced U.S. Attorney Kirsch.

Lockett was sentenced to 120 months in prison followed by 18 months supervised release.

According to documents in the case, Charles Lockett was in Wabash County when he was driving and hit a parked car.  Lockett fled the scene of the accident, and police cars eventually caught up with him after a fifteen minute chase.  During the chase, Lockett was throwing items out of the vehicle, driving over 90 miles per hour, and drove through stop signs.  The car chase led to Lockett running away on foot, where police eventually detained him.  In the car, police found that Lockett had 2 firearms and miscellaneous drugs.

This case was investigated by ATF, North Manchester Police Department, Wabash County Sheriff’s Department and prosecuted by Assistant United States Attorney Molly E. Donnelly.

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Three Drug Dealers Plead Guilty To Participating In A Drug Conspiracy Right Before Jury Selection

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FOR IMMEDIATE RELEASE                              ContactMARCIA MURPHY

www.justice.gov/usao/md                                        at (410) 209-4854

Baltimore, Maryland – Deandre Smith, age 28, Karron Wheeler, age 35, and Brandon Kellum, age 25, all of Baltimore, pleaded guilty on Tuesday, July 17, 2018, to a drug conspiracy involving the distribution of heroin and fentanyl, just before jury selection for their trial.

The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Interim Police Commissioner Gary Tuggle of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn Mosby.

According to Smith’s plea agreement, from at least July 2015 through April 28, 2016, Smith managed a large drug trafficking organization that supplied heroin and fentanyl to distributors in Baltimore, including Wheeler and Kellum.  Smith also managed a drug trafficking operation that operated in and around Pedestal Gardens, an apartment complex located in the 300 block of McMechan Street in Baltimore.  

Smith, Jamal Carter, and Dymir Rhodes maintained a “stash” house in Catonsville, Maryland, to store drugs and drug proceeds, and to process, and package drugs for distribution.  Once packaged for distribution, Smith, Carter, and Rhodes supplied large quantities of heroin and/or fentanyl to several drug shops in Baltimore, including shops operated by Wheeler and Kellum.  At Pedastal Gardens, Smith’s operation distributed “packs” of heroin and/or fentanyl and each “pack” typically contained between 25 and 50 gel capsules of the drugs, totaling approximately 2.5 to 5 grams. 

As detailed in Smith’s plea agreement, a co-conspirator killed two individuals on August 10, 2016 and October 7, 2015, respectively, to further the Pedastal Gardens drug organization’s drug trafficking activities.  The organization believed one of the individuals was distributing drugs in their territory, and the other individual was robbing drug dealers in the area and disrupting the organization’s drug trafficking.

On April 28, 2016, law enforcement officers executed a search warrant at the stash house in Catonsville.  At the time of the search warrant, officers located Smith, Carter, and another conspirator inside the residence.  During the search, officers discovered approximately 1,186 grams of fentanyl, 575 grams of heroin, and nine grams of cocaine, all of which was being packaged for distribution.  Officers also discovered approximately two kilograms of Phenacetin, a substance commonly used to “cut” drugs, as well as approximately $15,465 in cash, and drug paraphernalia.  Smith also had approximately $2,000 cash in his pocket.

According to Wheeler’s plea agreement, between at least March 2015 and August 26, 2016, Wheeler managed a drug organization that operated in several locations in Baltimore, including Pennsylvania Avenue and Laurens Street in West Baltimore.  During the course of the conspiracy, Wheeler employed or directed more than five individuals.  Wheeler admitted that, at his direction, the organization kept a firearm in close proximity to the drug shop for protection and to facilitate the drug operation.

According to Kellum’s plea agreement, from at least November 2015 until Febrary 18, 2016, he participated in the drug conspiracy.  On February 18, 2016, law enforcement was conducting surveillance at a shopping center in Catonsville and saw Kellum and a co-conspirator arrive, followed shortly thereafter by Carter.  Carter and Kellum met outside their vehicles, then after a brief conversation Carter got into Kellum’s vehicle and placed several plastic baggies containing fentanyl in the vehicle and received payment for the drugs.  Carter and Kellum left the area and law enforcement followed Kellum’s vehicle to the 3400 block of Edmondson Avenue, where officers initiated a traffic stop. Law enforcement recovered 135 grams of fentanyl, which Kellum had given to his co-conspirator and which, Kellum admitted, they had intended to distribute to their customers.

Smith and Wheeler each admitted that during their participation in the conspiracy they and his co-conspirators distributed between one and three kilograms of heroin.

Smith and the government have agreed that if the Court accepts the plea agreement Smith will be sentenced to 25 years in prison.  No sentencing date for Smith has been set.

Wheeler and the government have agreed that if the Court accepts the plea agreement Wheeler will be sentenced to between 10 and 13 years in prison.  U.S. District Judge Catherine C. Blake has scheduled sentencing for September 12, 2018.

Kellum and the government have agreed that if the Court accepts the plea agreement Kellum will be sentenced to between five and seven years in prison.  U.S. District Judge Catherine C. Blake has scheduled sentencing for September 10, 2018.

Jamal Carter, age 24, and Dymir Rhodes, age 32, both of Baltimore, previously pleaded guilty to their participation in the drug conspiracy, and were sentenced to 11 years and 10 years in prison, respectively.

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 Robert K. Hur commended the FBI, the Baltimore Police Department, and the Office of the State’s Attorney for Baltimore City for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Daniel C. Gardner and Christopher J. Romano, who are prosecuting this Organized Crime Drug Enforcement Task Force case.

Spokane Man Sentenced to 126 Months in Federal Prison for Distributing Methamphetamine and Violating Court Supervision

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Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Jason Obermiller, age 34, of Spokane, Washington, was sentenced today after having pleaded guilty in April 2018, to distributing and conspiring to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine, and admitting to violations of court supervision. Chief United States District Judge Thomas O. Rice sentenced Obermiller to a 90-month term of imprisonment, to be followed by an 8-year term of court supervision after he is released from Federal prison. Chief Judge Rice also imposed a 36-month term of imprisonment, to run consecutive to the sentence imposed in the drug case, after finding that Obermiller violated court supervision stemming from a previous conviction for bank fraud conspiracy. Chief Judge Rice also ordered Obermiller’s sentence to run consecutive to the 33-month state term of incarceration he is currently serving.

According to information disclosed during court proceedings, in September 2016, Obermiller distributed and conspired to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine, and did so after he had absconded from court supervision stemming from a bank fraud conspiracy conviction.

U.S. Attorney Harrington said, “Prosecuting drug crimes continues to be a priority for the United States Attorney’s Office for the Eastern District of Washington. Drug traffickers should be aware that there are serious criminal penalties connected with possessing with the intent to distribute any drug and that this Office is committed to prosecuting aggressively drug cases in the Eastern District of Washington.”

This case was investigated by the Spokane Resident Office of the U.S. Drug Enforcement Administration, Spokane Police Department, and the Northwest High Intensity Drug Trafficking Area. This case was prosecuted by Caitlin Baunsgard, Allyson Edwards, and George J.C. Jacobs, III, Assistant United States Attorneys for the Eastern District of Washington.


Arkansas Man Sentenced to More Than 7 Years in Federal Prison for Illegally Selling Guns in Chicago Area

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CHICAGO — An Arkansas man has been sentenced to more than seven years in federal prison for illegally selling numerous handguns and rifles in Chicago and the suburbs.

KLINT KELLEY brought the firearms from Arkansas to Chicago and illegally sold them to a convicted felon.  Kelley sold a total of 21 guns to the felon on three occasions last year, including during the Fourth of July and Labor Day weekends.  The weapons included eleven handguns, nine rifles and one shotgun.  Several of the firearms were semi-automatic guns capable of accepting large-capacity magazines.

Kelley, 28, of Malvern, Ark., pleaded guilty earlier this year to one count of unlawfully engaging in the business of dealing firearms, and one count of selling firearms to a known felon.  U.S. District Judge Ronald A. Guzman on Wednesday sentenced Kelley to seven years and three months in prison.

The sentencing was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; and Eddie Johnson, Superintendent of the Chicago Police Department.  The Illinois State Police provided valuable assistance.

“In a city that has seen shootings and homicides in astronomical numbers, illegal transportation of firearms and to a known convicted felon should not be tolerated,” Assistant U.S. Attorney Tobara S. Richardson argued in the government’s sentencing memorandum.  “Defendant knowingly engaged in criminal conduct that contributes to one of the worst aspects of the city.”

Kelley’s plea agreement describes the three occasions when he illegally sold firearms to the felon.  On April 3, 2017, in a residence in southwest suburban Frankfort, Kelley sold the felon five handguns and three semi-automatic rifles, in exchange for $4,750 in cash.  On July 3, 2017, on Chicago’s West Side, Kelley sold the felon four handguns and one semi-automatic rifle, in exchange for $3,000 in cash.  On Sept. 3, 2017, in a commercial area of southwest suburban Chicago Ridge, Kelley sold the felon five rifles, two handguns and one semi-automatic shotgun, in exchange for $7,000 in cash.

At least three of the 21 firearms had been reported stolen, including one gun taken in a burglary of a police officer’s residence.

Kelley grew up in Illinois and moved to Arkansas several years ago.

Former Background Investigator for Federal Government Pleads Guilty to Making a False Statement

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            WASHINGTON – Rose Gross, 62, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), pled guilty today to a charge stemming from her falsification of work on background investigations of federal employees and contractors, announced U.S. Attorney Jessie K. Liu and Norbert E. Vint, Acting Inspector General for the Office of Personnel Management.

            Gross, of District Heights, Md., pled guilty in the U.S. District Court for the District of Columbia to making a false statement. The Honorable Rudolph Contreras scheduled sentencing for Oct. 22, 2018. The charge carries a statutory penalty of up to five years in prison and a fine of up to $250,000. Under federal sentencing guidelines, Gross faces a range of 12 to 18 months in prison. She also has agreed to pay $189,042 in restitution to the federal government.

            According to a statement of offense submitted to the Court, Gross was employed by USIS and KeyPoint Government Solutions as an investigator under contract to conduct background investigations on behalf of OPM’s Federal Investigative Services, which now is known as OPM’s National Background Investigations Bureau. All of the criminal conduct in this case took place while Gross worked under contract on behalf of Federal Investigative Services.

            Between April 2014 and February 2015, in more than two dozen Reports of Investigations on background investigations, Gross represented that she had interviewed a source or reviewed a record­ regarding the subject of the background investigation. In fact, she had not conducted the interviews or obtained the records of interest. These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, for receiving or retaining security clearances, or for positions of public trust.

            The false representations by Gross have required OPM to reopen and rework numerous background investigations that were assigned to her during the time period of her falsifications, at an estimated cost of at least $189,092 to the U.S. government.

            OPM has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information.  The falsification of investigative case work by the defendant was detected through the program.

            This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to Gross, 24 other background investigators and two record checkers have been convicted of charges.

            With a staff of more than 9,900 federal and contract employees, the National Background Investigations Bureau (NBIB) conducts approximately 95 percent of all personnel background investigations for the federal government.  NBIB processed over 2.5 million background investigations in the 2017 fiscal year.

            In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation.  After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.

            In announcing the plea, U.S. Attorney Liu and Acting Inspector General Vint praised the efforts of Special Agent Christopher J. Sulhoff, OPM, Office of the Inspector General, and Philip Kroop and Kevin Cassidy, OPM, NBIB. They also acknowledged the work of Paralegal Specialists Aisha Keys and Joshua Fein of the U.S. Attorney’s Office, as well as Assistant U.S. Attorney Ellen Chubin Epstein, who investigated and prosecuted this matter.

Thirteen Gang Members and Associates Indicted in Federal Court

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BOISE – A federal grand jury indicted thirteen members and associates of the Aryan Knights and Severely Violent Criminals gangs for crimes including drug distribution, conspiracy, and unlawful possession of firearms, U.S. Attorney Bart M. Davis announced.  The charges stem from an investigation by the Treasure Valley Metro Violent Crimes Task Force.

The indicted defendants are Tyler James Campbell, 34 of Boise; Jesse Everett Ford, 43 of Kuna; Brian Cade Humphreys, 45 of Meridian; Jeremy Caine Lyons, 40 of Meridian; Jason Schepers, 33 of Caldwell; Kirstin Decker (aka Kirstin Walz), 39 of Boise; Jennifer Lee Sayer, 34 of Boise; Kimberly Ann Hale, 39 of Meridian; John Alan Redfern, 48 of Boise; Frank Lee Gorrell, 40 of Boise; Angela Marie Sheldon (aka Angela Marie Junkert), 43 of Boise; Keith Anthony Murphy, 28 of Boise; and Cameron James Ball, 31 of Boise.  All were indicted on July 10, 2018.

Of the thirteen individuals indicted, eleven were indicted for drug charges including thirteen counts of distribution of methamphetamine and three counts of conspiracy to distribute methamphetamine.  Two individuals were indicted for firearms charges including three counts of unlawful possession of a firearm.

Campbell, Ford, Sayer, Hale, Gorrell, and Ball are currently in custody at the Ada County Jail.  Lyons is currently in custody at the Kootenai County Jail.  Decker and Murphy are currently at the Idaho Department of Correction.  Three of the remaining four defendants were arrested last night and this morning.  Redfern remains at large.

Federal drug trafficking charges are generally punishable by up to twenty years in prison, a fine up to $1 million, and at least three years of supervised release.  Where the defendants are charged with distributing more than five grams of pure methamphetamine, or conspiring to do the same, they face a minimum term of five years and up to forty years in prison, a fine up to $5 million, and at least four years supervised release.  Where the defendants are charged with distributing more than fifty grams of pure methamphetamine, or conspiring to do the same, they face a minimum term of ten years and up to life in prison, a fine up to $10 million, and at least five years supervised release.

The charge of unlawfully possessing a firearm is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.

The indictments are the result of an investigation by the Treasure Valley Metro Violent Crime Task Force.  The Task Force was created approximately twelve years ago and is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Department of Homeland Security; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; the Canyon County Sheriff’s Office; and the Idaho Department of Correction.  The Task Force conducts complex long-term investigations of criminal gangs.

The charges are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership, the Canyon County Prosecuting Attorney’s Office and the State of Idaho to address gang crimes.  The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth.  For more information, visit treasurevalleypartners.org.

An indictment is a means of charging a person with criminal activity.  It is not evidence.  A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Middlesex County Man Sentenced To 10 Years In Prison For Conspiracy To Distribute Two Kilograms Of Heroin In New Jersey

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NEWARK, N.J. – A Parlin, New Jersey, man was sentenced today to 120 months in prison for delivering two kilograms of heroin to another individual in Harrison, New Jersey, U.S. Attorney Craig Carpenito announced.

Pedro Rodriguez, 44, previously pleaded guilty before U.S. District Judge Claire C. Cecchi to an information charging him with conspiracy to possess with intent to distribute more than a kilogram of heroin. Judge Cecchi imposed the sentence today in Newark federal court.

According to the documents filed in this case and statements made in court:

On Oct 19, 2017, law enforcement officers observed Pedro Rodriguez outside of a restaurant in Newark, where he met with another individual and retrieved a bag that was suspected of containing narcotics. Afterwards, Pedro Rodriguez drove to Harrison, met with Rafaelito Rodriguez (no relation), 43, of East Stroudsburg, Pennsylvania, and provided him a bag containing approximately two kilograms of heroin. Rafaelito Rodriguez was arrested in Harrison shortly afterwards. Pedro Rodriguez was later arrested at his home in Parlin.

In addition to the prison term, Judge Cecchi sentenced Rodriguez to five years of supervised release.

Rafaelito Rodriguez was sentenced July 17, 2018, to 57 months in prison and three years of supervised release.

The government is represented by Assistant U.S. Attorney Meredith Williams of the U.S. Attorney’s Office OCDETF/Narcotics Unit in Newark.

U.S. Attorney Carpenito credited the Drug Enforcement Administration’s New Jersey Division, under the direction of Special Agent in Charge Valerie A. Nickerson, with the investigation leading to today’s sentencing.

Defense counsel: Pedro Rodriguez is represented by Michael Pedicini Esq.

Essex County Man Charged With Robbing Three Banks In Northern New Jersey

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NEWARK, N.J. – An Irvington, New Jersey, man appeared in federal court today to face allegations that he robbed three North Jersey banks between January and April 2018, U.S. Attorney Craig Carpenito announced.

Mark Macon, 45, is charged by indictment with three counts of bank robbery. He appeared this afternoon before U.S. District Judge Esther Salas in Newark federal court and was detained.

According to the documents filed in this case and statements made in court:

Macon allegedly robbed a TD Bank in Union City on Jan. 13, 2018, a TD Bank in Jersey City on April 19, 2018, and a Chase Bank in Jersey City on April 23, 2018. Macon robbed each location by handing a teller a note stating the bank was being robbed and demanding cash. Macon was arrested on April 26, 2018 and has been in state custody since that time.

Each bank robbery charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense.

U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation. He also thanked the Jersey City and Union City police departments for their assistance.

The government is represented by Assistant U.S. Attorney Matt Feldman of the U.S. Attorney’s Office Public Protection Unit in Newark.

The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Defense counsel: John H. Yauch Esq., Assistant Federal Public Defender, Newark

Texas Man Sentenced in New Mexico to Federal Prison for Transporting Woman Across State Lines for Prostitution

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ALBUQUERQUE – Markell Quashan Sweargin, 20, of Lubbock, Tex., was sentenced this morning in federal court in Las Cruces, N.M., to 30 months in prison for transporting a person in interstate commerce for the purpose of engaging in prostitution.  Sweargin will be on supervised release for 15 years after completing his prison sentence.

Sweargin was arrested in June 2017, on a criminal complaint charging him with transporting a person in interstate commerce for the purpose of forcing the person to engage in a commercial sex act.  According to the complaint, on June 14, 2017, officers of the Hobbs Police Department arrested Sweargin on state charges after responding to a domestic disturbance call from a woman (victim) who claimed that Sweargin strangled and assaulted her during an altercation arising from her refusal to engage in a sexual act with another man for money. 

According to the criminal complaint, Sweargin, the victim and another person traveled from Lubbock to a hotel in Hobbs, N.M.  Once in the hotel room, Sweargin attempted to coerce the victim into having sex with other men for money, and became angry when the victim refused.  When Sweargin and the other person left the hotel room, a man came to the room with the expectation of having sex with the victim.  After the victim refused to have sex with him, the man departed the room after telling the victim that he had come in response to an advertisement on a webpage known to advertise prostitution services.  When Sweargin returned to the hotel room, he was very angry because the victim did not have sex with the man in return for money, began to hit the victim, and blocked the door to the hotel room to prevent the victim or the third person from leaving.  The victim and third person fled from the room when Sweargin stepped away from the door.

On Sept. 7, 2018, Sweargin pled guilty to a felony information charging him with transporting a person across state lines for the purpose of engaging in prostitution.  In entering the guilty plea, Sweargin admitted that on June 14, 2017, he traveled from Lubbock to Hobbs with the victim with the intention of having the victim engage in prostitution in New Mexico.

This case was investigated by the Homeland Security Investigations Las Cruces office and the Hobbs Police Department.  Assistant U.S. Attorneys Marisa A. Ong and Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

Woman Pleads Guilty to Heroin and Fentanyl Distribution Conspiracy

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NEWPORT NEWS, Va. – A Newport News woman pleaded guilty today to conspiracy to distribute heroin and fentanyl.  

According to court documents, Paula Jean Sciotto, 36, participated in a heroin and fentanyl trafficking conspiracy in the Hampton Roads area from December 2015 until July 2017. During the course of the conspiracy, she distributed over 100 grams of heroin, as well as a quantity of fentanyl in Hampton and Newport News.

Sciotto pleaded guilty to conspiracy to distribute and possession with intent to distribute heroin and fentanyl. She faces a mandatory minimum penalty of five years in prison and a maximum penalty of 40 years in prison when sentenced on October 29. 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.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and Steve R. Drew, Chief of Newport News Police, made the announcement after U.S. Magistrate Judge Douglas E. Miller accepted the plea. Assistant U.S. Attorney Megan M. Cowles 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. 4:18-cr-42.


Federal Jury Finds Jacksonville Man Guilty Of Aggravated Sexual Abuse By Force

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Jacksonville, FL– A federal jury today found Brian James Holland (23, Jacksonville) guilty of aggravated sexual abuse by force. Holland faces a maximum penalty of life imprisonment and a potential lifetime of supervision. His sentencing hearing is scheduled for October 22, 2018.

According to evidence presented at trial, a passenger with an intellectual disability, aboard the Carnival Cruise Line vessel, Elation, reported an incident of sexual abuse by force on February 27, 2018. The victim stated that she was in the cruise ship’s hot tub when Holland repeatedly attempted to put his arm around her and she attempted to move further away from him. Holland then tried to put his hand on her shoulder and pull her back towards him. Two passengers that were in the hot tub at the time of the incident corroborated the victim’s claim.

The victim stated that Holland touched her genitals over, and under her bathing suit, digitally penetrating her by force. The victim then left the hot tub and reported the incident to her family, who reported it to ship security. An examination of the victim by the ship’s medical personnel revealed abrasions on the victim’s genitals consistent with digital penetration by force. 

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Ashley Washington and Jay Taylor.

Lewisburg Man Sentenced To 25 Years’ Imprisonment For Sexual Exploitation Of A Minor

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WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tony A. Vonneida, age 63, of Lewisburg, Pennsylvania, was sentenced to 25 years’ imprisonment and 20 years of supervised release by United States District Court Judge Brann for sexual exploitation of a minor.  

According to United States Attorney David J. Freed, in 2014, Vonneida coerced a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. Vonneida committed the acts while he was required to register as a sex offender under Pennsylvania law.  Vonneida also knowingly possessed digital images that contained images of child pornography including minors who had not attained 12 years of age that had been mailed, or shipped or transported in interstate commerce.

The investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Buffalo Valley Regional Police Department.  Assistant United States Attorney Geoffrey W. MacArthur prosecuted the case. 

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

           

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Statement from U.S. Attorney Andrew Lelling Regarding Proposed Injection Sites

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“Supervised injection facilities” would violate federal laws prohibiting the use of illicit drugs and the operation of sites where illicit drugs are used and distributed. Employees and users of such a site would be exposed to federal criminal charges regardless of any state law or study.  

I cannot envision any scenario in which sites that normalize intravenous use of heroin and fentanyl would be off limits to federal law enforcement efforts.   

Heroin use fuels a deadly drug trade that is ravaging our state and the region, and my office is keenly focused on curbing the opioid and heroin epidemic. Providing a sanctuary to accommodate risky and lethal illegal drug use undermines all of the hard work of treatment providers and law enforcement across the Commonwealth. 

The opioid epidemic requires that we remain laser-focused on prevention, treatment, and enforcement – not the normalization of intravenous use of heroin and fentanyl.

Former Lawrence Man Sentenced To 60 Months In Federal Prison For Drug Trafficking

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CONCORD– United States Attorney Scott W. Murray announced today that Yomar Maldonado, 22, formerly of Lawrence, Massachusetts, was sentenced serve 60 months in federal prison for participating in a fentanyl distribution conspiracy.

          Court documents and statements in court showed that from December of 2016 through February of 2017, Maldonado conspired with others to sell approximately 95 grams of fentanyl to an undercover New Hampshire State Police detective inside the Rockingham Mall in Salem, New Hampshire.

          Maldonado pleaded guilty on April 10, 2018.  After serving his prison sentence, he will be on supervised release for four years.  He also faces potential deportation to Spain after serving his sentence.

          “Fentanyl is a deadly drug that continues to cause grave damage to the people of the Granite State,” said U.S. Attorney Murray.  “In order to protect the safety of our community, we will use every resource at our disposal to investigate and prosecute drug dealers who sell fentanyl in New Hampshire.”

          This investigation was conducted by Immigration and Customs Enforcement’s Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Hampshire State Police.  Assistant United States Attorney Jennifer Cole Davis is prosecuting the case.

 

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Felon from Belen Sentenced to Eight Years for Unlawful Possession of Body Armor and Oxycodone Trafficking

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ALBUQUERQUE – Barry Romero, 38, of Belen, N.M, was sentenced today in Albuquerque, N.M., to eight years in federal prison for his conviction on unlawfully possessing body armor and oxycodone trafficking charges.  Romero will be on supervised release for three years after completing his prison sentence.

Romero was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.

Romero was arrested on Sept. 28, 2016, on a two-count indictment charging him with being a felon in possession of a firearm and ammunition and possession of body armor by a felon who had been convicted of a crime of violence.  Romero committed the crimes on Nov. 10, 2015, in Valencia County, N.M.  At the time, Romero was prohibited from possessing firearms, ammunition or body armor because of his prior felony convictions. 

On Jan. 12, 2018, Romero pled guilty to a felony information charging him with possession of body armor by a felon who has been convicted of a crime of violence and possession of oxycodone with intent to distribute.  In entering the guilty plea, Romero admitted that on Nov. 10, 2015, he was arrested at his residence in Belen, by Deputy U.S. Marshals who had a warrant for Romero’s arrest on a parole violation.  During the execution of a search warrant on Romero’s residence incident to his arrest, law enforcement agents located body armor, two handgun cases, ammunition, oxycodone, and drug paraphernalia.  Romero also admitted possessing the oxycodone with the intention of distributing it to others.  Romero acknowledged that he was convicted of armed robbery in 2005, prior to unlawfully obtaining the body armor. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance of the U.S. Marshals Service.  Assistant U.S. Attorney Norman Cairns is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. 

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