RALEIGH– Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that in Federal court, ROBERT LEE HOLDEN, JR., a 50-year-old resident of Wilson, was convicted following a two-day trial before United States District Chief Judge James C. Dever III.  The jury found HOLDEN guilty of Possession of a Stolen Firearm and Being a Convicted Felon in Possession of a Firearm.  Sentencing is scheduled for October 22, 2018.  HOLDEN faces up to life imprisonment.

The evidence at trial showed that on July 5, 2016, Officers of the Wilson County Sheriff’s Office responded to a shots fired call.  Officers responded to the scene and discovered HOLDEN on the the front porch of his residence.  After inviting the officers to search his home for firearms, the officers discovered a .357-caliber revolver on a leather ottoman, only a few feet from where HOLDEN was standing.  The revolver had one spent shell casing inside its cylander.  Addtionally, officers determined that the firearm was a stolen firearm taken from the home of HOLDEN’S uncle who lived nearby.

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

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

The case was investigated by the Wilson County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).  James J. Kurosad prosecuted the case on behalf of the United States.

OKLAHOMA CITY – JESUS FRANSISCO CERVANTES, 31, of Oklahoma City, pleaded guilty today to conspiring to possess methamphetamine with intent to distribute, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.

A federal grand jury indicted Cervantes on March 20, 2018, for conspiracy and possessing methamphetamine with intent to distribute.  He has been in the custody of the U.S. Marshals Service since his initial appearance on April 10, 2018.

Today Cervantes pleaded guilty to a superseding information filed on July 17, 2018, that charges him with conspiring to possess five grams or more of methamphetamine from November 19, 2017, to February 16, 2018.  In a plea agreement, Cervantes acknowledges his crime involved 709.6 grams of actual methamphetamine, which is more than a pound-and-a-half.

At sentencing, Cervantes faces up to forty years in prison, including a mandatory minimum sentence of five years in prison.  After release, he will be subject to supervision for no fewer than four years and up to life.  This offense also carries a potential fine of $5,000,000.  As part of his sentence, Cervantes has agreed to forfeit a 2006 Toyota 4-Runner Limited and $5,460 in cash.  Sentencing will take place in approximately 90 days.

This case is the result of an investigation by the Drug Enforcement Administration.  Assistant U.S. Attorney Nicholas J. Patterson is prosecuting the case.

Reference is made to court filings for further information.

SAVANNAH, GA:    United States Attorney Bobby L. Christine announces the conviction and sentence of John Jordan, Jr. (52), of Bloomingdale, Georgia.  Today, United States District Judge Lisa Godbey Wood sentenced John Jordan, Jr. to 225 months in federal prison for being a felon in possession of a firearm.  Earlier this year, a jury deliberated less than an hour before finding him guilty of the charge.  When he is released from prison, he will be on Court supervision for three years.  There is no parole in the federal system. 

As outlined at the sentencing hearing and trial, on April 28, 2016, Savannah Chatham Police Officers responded to the scene of a one vehicle crash in Savannah, Georgia.  Upon arrival, they found John Jordan, Jr., trapped in the vehicle.  After first responders cut him loose from the vehicle, paramedics transported him to the hospital.  During transport, one of the paramedics observed a firearm tucked into Jordan’s waistband.  A paramedic secured it; and police later collected it as evidence.  Jordan was prohibited from possessing a firearm because he was a convicted felon. 

At sentencing, federal prosecutors argued for a significant sentence based on the serious nature of the offense and the defendant’s criminal history that included over fifty prior convictions, including over 20 felony state convictions, over 33 misdemeanor state convictions, and multiple violations of parole and probation.  Among Mr. Jordan’s many crimes, he previously fought a female police officer and bent her finger back breaking the bone and tendons, rendering it useless.

In sentencing Mr. Jordan, Judge Wood emphasized that in her eleven years on the bench, Mr. Jordan had the second most extensive criminal history she had ever encountered.

United States Attorney Bobby L. Christine states:  “For decades Mr. Jordan has been a menace.  He has burglarized a home, stole vehicles, drove while intoxicated, threatened citizens and police officers, escaped from custody, beat people, obstructed justice, committed arson, and possessed a firearm in violation of the law.  Today, his decades of criminal activity have caught up with him; and now he has almost two decades of prison time to reflect on the life he has lived.  Let this sentence serve as a message to other menaces in our community:  Gun Crime Equals Jail Time.”   

ATF Resident Agent in Charge Tim Graden states:  “John Jordan Jr. has made a career out of breaking the law.  The sentence that Jordan received represents the seriousness of his crimes. ATF’s mission is to bring criminals like Jordan to justice.  We will continue to collaborate with the U.S. Attorney’s Office and the Savannah Police Department in order to reduce violent crime in our community.”

This case was investigated by the Savannah Police Department (previously Savannah Chatham Metropolitan Police Department), and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant United States Attorneys Matthew Josephson and Greg Gilluly.  For any questions, please contact the United States Attorney’s Office at (912) 652-4422.

SAVANNAH, GA:   The United States District Court for the Southern District of Georgia entered a default judgment against Dr. Firoz Patka, of Martinez, Georgia, totaling $1.2 million.  In May 2017, the United States filed a complaint against Dr. Patka for violations of the Controlled Substances Act based on his pre-signing of prescriptions involving opioids and other controlled substances.   After being served with the complaint, Dr. Patka failed to answer or otherwise appear in the case.  After an evidentiary hearing related to Dr. Patka’s liability and damages, the Court ordered that Dr. Patka be held civilly liable to the United States for $1.2 million in penalties.  

DEA initiated an investigation into Dr. Patka’s practices in 2015 after receiving reports of his illegal prescription practices.  Dr. Patka practiced medicine in Louisville, Georgia; Hephzibah, Georgia; and Thomas, Georgia.  Based on its investigation, DEA determined that on no fewer than 299 occasions, Dr. Patka pre-signed a prescription for a Schedule II controlled substance, in violation of a physician’s responsibilities under the Controlled Substances Act.  The entry of the $1.2 million judgment against Dr. Patka serves as the largest diversion penalty assessed against an individual physician for Controlled Substance Act violations in the history of the Southern District of Georgia and, based on information collected by DEA, the second largest penalty against a physician across the country for this type of conduct.   

 “Medical professionals—and particularly physicians—must serve as a bulwark against prescription drug abuse.  When physicians fail to meet their obligations, this Office, working together with our partners at DEA, will step in and use every tool we have available to protect the public,” said U.S. Attorney Bobby L. Christine. 

Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division commented on the case, “The sharp increase in consumption of opiates being distributed for non-medical reasons continues to be a major concern. Consequently, DEA Diversion Investigators will continue to pursue physicians and other medical practitioners who engage in egregious prescribing practices. This record-setting civil penalty in the state of Georgia shows that DEA, the entire law enforcement community, and the U.S. Attorney’s Office are committed to making sure, that physicians and other medical practitioners are abiding by proper prescribing guidelines.”

U.S. Attorney Christine commended the hard work and dedication of the DEA Savannah Resident Office, which investigated the case.  Group Supervisor George M. Taylor and Diversion Investigator George Zuban led the investigation with assistance from Diversion Investigators Dwayne Jeffcoat and Michael Jones and Diversion Program Manager David M. Hargroder.  

The United States previously reached civil settlements with multiple physician assistants involved in the alleged scheme.  Assistant United States Attorneys Shannon H. Statkus (Civil Chief) and J. Thomas Clarkson (Deputy Chief) represented the U.S. Attorney’s Office, with assistance from Assistant United States Attorneys Bradford Patrick and Jonathan Porter. 

If you have any information regarding to potential illegal diversion of controlled substances, please contact Assistant United States Attorney J. Thomas Clarkson at (912) 652-4422 or DEA Group Supervisor George M. Taylor (912) 447-4430.  For any questions, please contact the United States Attorney’s Office at (912) 652-4422.

LAREDO, Texas – A 31-year-old resident of Montemorelos, Nuevo Leon, Mexico, has been ordered to prison following his conviction of conspiracy with intent to distribute methamphetamine, announced U.S. Attorney Ryan K. Patrick. Rolando Garcia-Fuentes pleaded guilty March 2, 2018.

Today, U.S. District Judge Diana Saldaña ordered Garcia-Fuentes to serve 87 months in federal prison. Not a U.S. citizen, he is expected to face deportation proceedings following completion of his sentence.

On Dec. 9, 2017, law enforcement conducted a traffic stop of a northbound white Ford Freestar van Garcia-Fuentes was driving on IH-35 in La Salle County. At that time, he gave an implausible story regarding his travel.

A search of the vehicle revealed tampering and tool marks on the van’s stereo compartment and dashboard. Garcia-Fuentes agreed to return to the Border Patrol checkpoint where a canine gave a positive alert for the presence of narcotics and/or concealed humans. Authorities removed the stereo compartment and discovered signs of tampering with the vehicle’s air conditioning unit. They discovered a total of 16 bundles that tested positive for methamphetamine and had a net weight of nearly eight kilograms.

Garcia-Fuentes admitted he was getting paid to transport narcotics to the Dallas area and acknowledged he had done so on a previous occasion and was paid approximately $8,000.

Border Patrol and the Drug Enforcement Administration with the assistance of the Texas Department of Public Safety. Assistant U.S. Attorney Michael Bukiewicz prosecuted the case.

WASHINGTON – A Lindsborg, Kansas man who traveled to the Philippines and had sex with minor females there pleaded guilty to three counts of production of child pornography.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Stephen R. McAllister of the District of Kansas made the announcement.

Anthony Shultz, 55, helicopter pilot, was charged by complaint in July 2016 and pleaded guilty before U.S. District Judge Eric F. Melgren of the District of Kansas. Sentencing is scheduled for December 6, 2018.

According to admissions made in conjunction with the guilty plea, Shultz engaged in sex acts with minor females in the Philippines.  He videotaped his sexual encounters with two minors and transported the videos to his home in Kansas.  One of the girls was only 12 years old at the time; the other was 15 years old.  In one of the videos, Shultz is seen giving the 15-year-old money after having sex with her.  Shultz also produced child pornography of an 8-year-old girl in the Philippines by communicating on Skype with the child’s mother and directing the mother to expose the child’s genitals and live-stream it on web camera. 

The FBI investigated the case. Trial Attorney Lauren E. Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jason Hart of the District of Kansas prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

CORPUS CHRISTI, Texas - A 37-year-old Corpus Christi man has been ordered to federal prison for robbing a local convenience store at gunpoint and other various firearms offenses, announced U.S. Attorney Ryan K. Patrick. Steven Moore pleaded guilty March 1, 2018, admitting to multiple firearms charges committed over a six-month period between summer 2016 and January 2017.  

Today, visiting U.S. Circuit Judge Gregg Costa sentenced Moore to 144 months in federal prison.

Local police encountered Moore in August 2016 after he had picked up a friend who was caught stealing ammunition from a local sporting goods store. When police searched Moore’s vehicle, they found a .22 caliber rifle outfitted with an homemade silencer and a 9 mm semi-automatic pistol he had stolen from a licensed dealer two weeks prior. 

Moore was arrested and charged by state authorities, but released on bond.

Several months later, while still on bond for the previous incident, Moore was identified as a suspect in a robbery. On Jan. 2, 2017, local police responded to a robbery at a local convenience store. The clerk indicated the robber had pointed a gun at him and took money from the register and several packs of cigarettes. Footage from the store surveillance cameras appeared to show the weapon as a possible 9mm semi-automatic pistol.

On Jan. 17, 2017, 15 days after the robbery, local police arrested Moore in a drug store parking lot where he was found sleeping in a car with the gun used during the robbery in the front pocket of his sweatshirt.

In all, Moore pleaded guilty to possessing three firearms, a silencer and more than 130 rounds of ammunition.

The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Corpus Christi Police Department. Assistant U.S. Attorney Brittany Jensen prosecuted the case.

Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Joey Alan Yamada, age 55, of Spokane, Washington, was sentenced today after having pleaded guilty on April 17, 2018, to possessing with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Chief United States District Judge Thomas O. Rice sentenced Yamada to a 168-month term of imprisonment, to be followed by a 5-year term of court supervision after he is released from federal prison.

According to information disclosed during court proceedings, while executing a warrant to search Yamada’s residence, Spokane Police officers seized approximately four pounds of methamphetamine secreted in a safe and behind a wall. Officers also seized sixteen firearms, including a sawed-off rifle, and other drug trafficking accoutrements.

Joseph H. Harrington said, “The United States Attorney’s Office for the Eastern District of Washington commends the law enforcement officers with the Spokane Police Department, the DEA, and the ATF who investigated this case. Their seamless partnership resulted in the successful outcome of this matter. The sentence imposed by the court removes a drug trafficker from our streets and sends a clear message to others who may choose to engage in such criminal activity.”

This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.

This case was investigated by the Spokane Resident Offices of the U.S. Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Spokane Police Department. This case was prosecuted by Patrick J. Cashman, an Assistant United States Attorney for the Eastern District of Washington.

ALBUQUERQUE – U.S. Attorney John C. Anderson and Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division announced today that Fidal Abdeljawad, 51, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 132 months of imprisonment for his conviction on synthetic cannabinoids trafficking charges.  Abdeljawad will be on supervised release for three years after completing his prison sentence.

Abdeljawad and co-defendant Ashley Watson, 31, also an Albuquerque resident, were charged with trafficking in synthetic cannabinoids in an indictment that was filed in Sept. 2015, and was superseded in Dec. 2015.  The four-count superseding indictment charged Abdeljawad and Watson with participating in a synthetic cannabinoids trafficking conspiracy from March 2014 through Feb. 2015.  The superseding indictment also charged the defendants with possessing synthetic cannabinoids with intent to distribute on May 8, 2014, and Feb. 19, 2015, and Abdeljawad with possessing synthetic cannabinoids with intent to distribute on May 7, 2014.  Abdeljawad and Watson committed the crimes in Bernalillo County, N.M.

The controlled substances charged in the indictment are commonly referred to as synthetic cannabinoids or “spice.”  According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids.  Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana.  These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana.  These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process.  Synthetic cannabinoids often are labeled as incense to mask their intended purpose.

Abdeljawad and Watson proceeded to trial on May 1, 2017.   The jury returned a guilty verdict against Abdeljawad on all four counts of the superseding indictment on May 5, 2017.  The jury also returned a guilty verdict against Watson on three counts of the superseding indictment charging her with conspiracy, possession of synthetic cannabinoids with intent to distribute and attempt to possess synthetic cannabinoids with intent to distribute.

Testimony at trial established that the DEA initiated an investigation into synthetic cannabinoids trafficking in Albuquerque in 2014, after receiving information that Abdeljawad, the owner of “Sean’s Smoke Shop” on Central Avenue SE in Albuquerque, and others were distributing synthetic cannabinoids.  Law enforcement officers testified that on May 7, 2014, they executed searches of “Sean’s Smoke Shop” and Abdeljawad’s van, and seized 97 packets of synthetic cannabinoids and bundles of cash totaling more than $10,000.  Abdeljawad was arrested that day on state charges and later was released on bond.  The next day, the DEA learned that Abdeljawad had a storage unit near “Sean’s Smoke Shop,” which was leased in Watson’s name.  During a search of the storage unit, the DEA seized 549 additional packets of synthetic cannabinoids.

Other evidence at trial, including telephone conversations and text messages captured through court-authorized wire-taps, established that despite his arrest on state charges, Abdeljawad continued to distribute synthetic cannabinoids in collaboration with Watson.  Abdeljawad would order shipments of synthetic cannabinoids from suppliers, who delivered the synthetic cannabinoids to Watson and she distributed the synthetic cannabinoids to others in exchange for money.  On Feb. 19, 2015, the DEA intercepted a package that had been shipped to Watson.  The DEA opened the package pursuant to a search warrant, and found that it contained 100 packets of synthetic cannabinoids.  The DEA arrested Abdeljawad and Watson in Sept. 2015, after they were indicted.

Watson was sentenced on Sept. 7, 2017, to 48 months in prison followed by five years of supervised release.

The Albuquerque office of the DEA investigated this case as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  Assistant U.S. Attorneys Timothy S. Vasquez and Kristopher N. Houghton prosecuted the case.

WASHINGTON - A federal grand jury returned an indictment on June 27, which was unsealed today, charging Hattiesburg, Mississippi certified public accountant Carl Nicholson with one count of conspiring to defraud the United States, four counts of filing false tax returns, and six counts of aiding in the preparation of false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman, U.S. Attorney Mike Hurst for the Southern District of Mississippi, and Mississippi State Auditor Shad White.

According to the indictment, Nicholson was a CPA doing business in Forest County, Mississippi.  From 2012 to 2015, Nicholson is alleged to have conspired with a local attorney, who was a client of Nicholson, to defraud the Internal Revenue Service by falsely classifying the attorney’s personal expenses as deductible business expenses and filing false tax returns on the attorney’s behalf.  On one occasion, Nicholson is alleged to have directed that a $250,000 payment to one of the attorney’s personal trusts be classified as a business expense.  The indictment also alleges that Nicholson falsified his own tax returns for a four-year period by claiming bogus business expenses. 

"Those who personally defraud taxpayers and help others to do the same for personal profit will face swift and certain justice in this district,” said U.S. Attorney Hurst.  “I commend our agents and state investigators for their tenacity and their unflinching manner in following the evidence wherever it led and bringing this defendant to justice. Mr. Nicholson has skirted the law for too long, and today’s indictment proves that no one can hide from justice.”

If convicted, Nicholson faces a maximum of five years in prison for the conspiracy charge and three years for each charge of filing false tax returns and aiding in the preparation of false tax returns.  He also faces supervised release, restitution and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman and United States Attorney Hurst thanked special agents of Internal Revenue Service – Criminal Investigation and investigators with the Mississippi Auditor’s Office, who investigated the case, and Assistant United States Attorneys Jay Golden and Fred Harper, as well at Trial Attorney Nathan Brooks, who are prosecuting the case.

An indictment merely alleges that crimes have been committed.  The defendant is presumed innocent until proven guilty beyond a reasonable doubt.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

WASHINGTON – Mississippi real estate investor Kimberly Foster became the seventh real estate investor to plead guilty in connection with the ongoing investigation into bid rigging at public real estate foreclosure auctions in Mississippi, the Department of Justice announced. 

Felony charges against Foster were filed on June 28, 2018, in the U.S. District Court for the Southern District of Mississippi.  According to those charges, from at least as early as August 20, 2009 through at least as late as December 14, 2016, Kimberly Foster conspired with others not to bid against one another for selected public real estate foreclosure auctions in the Southern District of Mississippi.  Co-conspirators made and received payoffs in exchange for their agreement not to bid.  

“The Division remains committed to holding accountable those who violate the antitrust laws, including real estate investors who take advantage of financial distress to line their own pockets,” said Assistant Attorney General Makan Delrahim of the Department of Justice Antitrust Division.  “Today’s plea, along with the convictions of well over 100 other individuals who rigged foreclosure auctions all across the country, demonstrates that individual accountability remains a top priority for the Division.”  

“Participation in illegal price-fixing at public auctions debilitates the economy and causes harm to those involved in the foreclosure process,” said Special Agent in Charge Christopher Freeze of the FBI in Mississippi. “Perpetrators who attempt to cheat the free market system will be held accountable for their actions.”

The Department stated that the primary purpose of the conspiracy was to suppress and restrain competition in order to obtain selected real estate offered at public foreclosure auctions at non-competitive prices. When real estate properties are sold at these auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with any remaining proceeds paid to the homeowner. According to court documents, these conspirators paid and received money in connection with their agreement to suppress competition, which artificially lowered the price paid at auction for such homes.

A violation of the Sherman Act carries a maximum penalty of 10 years in prison and a $1 million fine for individuals.  The maximum fine for a Sherman Act charge may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine.  

The investigation is being conducted by Antitrust Division attorneys in the Washington Criminal II Section and the FBI’s Gulfport Resident Agency, with the assistance of the U.S. Attorney’s Office for the Southern District of Mississippi. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact Antitrust Division prosecutors in the Washington Criminal II Section at 202-598-4000, or visit www.justice.gov/atr/report-violations. 

Fargo – United States Attorney Christopher C. Myers announced that on July 19, 2018, Chief United States District Court Judge Daniel L. Hovland sentenced Brent Daigle, age 39, Sutton, ND, to serve 70 years in prison, followed by lifetime supervised release for three counts of Sexual Exploitation of Minors and one count of Possession of Materials Involving the Sexual Exploitation of Minors. Daigle was further ordered to pay $400 in special assessments to the Crime Victims’ Fund.

This case came to the attention of law enforcement after a 12-year-old girl reported that Daigle had repeatedly sexually abused her, including video recording such abuse. In the meantime, Daigle fled to Louisiana where he was arrested on state charges involving sexual abuse of the victim. A search of his person revealed a cell phone which contained videos depicting his sexual abuse of the victim.

This case was investigated by the Griggs County Sheriff’s Office; ND Bureau of Investigation; and Homeland Security Investigations.

Assistant United States Attorney Jennifer Puhl prosecuted the case.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorneys’ Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that James Jacob Parrish, Jr., age 36, of Fayetteville, North Carolina, was sentenced in federal court to 105 months imprisonment with 3 years of supervised release to follow. Parrish plead guilty last November to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Section 922(g)(1). Chief United States District Judge Terry L. Wooten imposed the sentence.

Evidence presented in court established that at approximately 8:00pm on Sunday, March 26, 2017, deputies with the Richland County Sheriff’s Department (“RCSD”) were dispatched to an alarm and shots fired call at Columbia Mall on Two Notch Road. The mall was closed at the time. Deputies located a vehicle registered to Parrish parked in the median of the mall parking lot with a flat front tire and noticed bullet holes in the glass door of the Sears Automotive Department with spent 9mm shell casings lying on the sidewalk in front of the door. Upon making entry into the Sears Automotive Department, deputies noticed an interior glass door had been shot out as well.

The RCSD’s Special Response Team (“SRT”) responded to the scene and ultimately located Parrish barricaded inside an interior room. SRT tried to negotiate with Parrish to surrender peacefully and during the negotiations, Parrish made threats to shoot the officers. After unsuccessful negotiations, SRT made entry into the room and encountered Parrish pointing a loaded Kahr 9mm handgun at them. SRT was able to safely apprehend Parrish and placed him under arrest. Parrish was transported to a local hospital for medical treatment for a foot injury he sustained when he fell through a ceiling while trying to escape detection. While at the hospital, Parrish attempted to take a handgun from a deputy on two separate occasions.

Parrish is prohibited under federal law from possessing firearms and ammunition based upon his prior North Carolina state convictions, which include possession of marijuana (2000), carrying a concealed weapon (2002), possession of stolen goods (2003), two separate counts of possession of cocaine (2003), possession with intent to distribute a counterfeit substance (2003), sell of cocaine (2003), and second degree murder/second degree kidnapping/attempted robbery with a deadly weapon/conspiracy to commit robbery with a deadly weapon (2005). Parrish was released on North Carolina parole in 2015.    

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and the RCSD and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. 

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Gabriel Gonzales, 18, of Clarksville, Tennessee, was charged yesterday in a criminal complaint with Hobbs Act robbery and brandishing and carrying a firearm during and in relation to a crime of violence, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. 

According to the complaint, on May 10, 2018, just before midnight, Gonzales and two other individuals accosted the clerk of Chip’s Quick Stop, located on Whites Creek Pike, as he was outside the store.  All of the individuals wore facial coverings and Gonzales was armed with a shotgun.  Gonzales pointed the shotgun at the clerk and ordered him back into the store.  The clerk then drew his own weapon and shot Gonzales.  As the two accomplices fled, the store clerk secured the shotgun and rendered first aid to Gonzales until medical personnel arrived.  Gonzales was subsequently transported to a nearby hospital where he required surgery for the gunshot wound.

Subsequent investigation determined that the shotgun used by Gonzales had been stolen in Clarksville, Tennessee in April 2018.

If convicted, Gonzales faces up to 20 years in prison for the robbery charge and an additional mandatory minimum of seven consecutive years for using a firearm during a crime of violence. 

This case was investigated by the Metropolitan Nashville Police Department and the FBI.  Assistant U.S. Attorney Siji Moore is prosecuting the case. 

A criminal complaint is merely an accusation.  The defendant is presumed innocent until proven guilty in a court of law.

ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division, and Chief Patrol Agent Aaron A. Hull of the U.S. Border Patrol El Paso Sector announced that a Mexican national has pleaded guilty to heroin and fentanyl trafficking charges.  Roberto Esmerardo Lopez-Gaxiola, 35, pled guilty yesterday in federal court in Las Cruces, N.M., to charges arising out of the seizure of more than nine pounds of heroin and more than a pound of fentanyl at a U.S. Border Patrol checkpoint in southern New Mexico in March 2018.

U.S. Border Patrol agents arrested Lopez-Gaxiola on March 14, 2018, after seizing approximately 4.2 kilograms (9.25 pounds) of heroin and 661.6 grams (1.46 pounds) of fentanyl concealed in Lopez-Gaxiola’s vehicle.  According to the criminal complaint, the agents found the heroin and fentanyl in Lopez-Gaxiola’s vehicle during an inspection at the U.S. Border Patrol checkpoint located on Interstate 25 north of Las Cruces near Truth or Consequences, N.M., in Sierra County, N.M.

During yesterday’s change of plea hearing, Lopez-Gaxiola pled guilty to a felony information charging him with possession of heroin and fentanyl with intent to distribute.  In entering the guilty plea, Lopez-Gaxiola admitted that on March 14, 2018, U.S. Border Patrol agents found seven bundles containing approximately 4.2 kilograms of heroin and six bundles containing approximately 641.25 grams of fentanyl concealed in his vehicle during a routine inspection.  Lopez-Gaxiola admitted that he intended to deliver the drugs to others in Albuquerque, N.M., in exchange for payment.

At sentencing, Lopez-Gaxiola faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  He remains in custody pending a sentencing hearing which has yet to be scheduled. 

This case was investigated by the U.S. Border Patrol and the Las Cruces Office of the DEA.  Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office 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. 

MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Michael Clark, 33, Chicago, Illinois, was sentenced today by Chief U.S. District Judge James D. Peterson sentenced Clark to 10 years in federal prison.  Clark was convicted following a one-day jury trial in U.S. District Court in Madison on May 1, 2018, of possessing 40 grams or more of fentanyl with the intent to distribute. 

The evidence presented at trial showed that Clark was found in possession of fentanyl on October 14, 2015.  Officers of the Northwest Area Crime Unit executed a search warrant at a room in a hotel in Superior that day, and when they entered the room, Clark was sitting at a table actively packaging a large amount of fentanyl.  It was determined that he was in possession of over 80 grams of fentanyl. 

During Clark’s arrest, officers found a bag of fentanyl in Clark’s clenched hand.  In the room, officers found a scale, a large number of plastic sandwich bags, and 10 additional bags of fentanyl packaged for sale in half-gram quantities. 

The sentence imposed by Judge Peterson today will be served consecutively to a 71-month federal prison sentence Clark is serving from a conviction in the Northern District of Illinois in September 2017 for conspiring to distribute fentanyl.  Evidence in that case included a Facebook conversation Clark had with an associate, in which Clark described the potency of fentanyl he was distributing in the Duluth, Minnesota area and how it resulted in the deaths of four people. 

The charge against Clark was the result of an investigation by the Northwest Area Crime Unit, Lake Superior Drug and Violent Crime Task Force, Superior Police Department, Douglas County Sheriff’s Department, Duluth Police Department, and Hermantown (Minnesota) Police Department.  The prosecution of this case is being handled by Assistant U.S. Attorneys Darren Halverson and Julie Pfluger.

            WASHINGTON – Delonte Mack, 31, of Washington, D.C., was sentenced today to 13 years in prison on charges stemming from a brazen shooting that took place in broad daylight last year in Southwest Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            The victim was shot numerous times at close range and, but for the quick medical attention of a responding Metropolitan Police Department (MPD) officer, could have died.

            Mack was found guilty by a jury on April 17, 2018, of charges of aggravated assault while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Juliet McKenna. Following his prison term, he will be placed on five years of supervised release.

            According to the government’s evidence, on Saturday, Feb. 25, 2017, at approximately 12:45 p.m., the victim was standing in front of a carry-out restaurant in the unit block of N Street SW, a short distance from Nationals Park. Without warning, Mack came from an alley running alongside the carry-out and approached the victim from behind. He then opened fire.

            The victim was hit five times, including in the groin, back and arm. During the trial, the surgeon who treated the victim testified how emergency surgery was needed to prevent him from bleeding to death on the operating table. The victim continues to suffer pain and limited mobility as a result of his gunshot wounds, and lost a toe in the attack.

            After the shooting, Mack ran back into the alley and toward the back yard of his nearby home on Carrollsburg Place SW. Minutes later, he sped away in his car, headed into Maryland. An investigation led to his arrest on March 17, 2017, and he has been in custody ever since.  

            Mack was linked to the crime through video from the alley, cell site data, and Internet searches he conducted about the shooting and about “boots for missing toes.” At the time of his arrest, Mack was on supervised release stemming from an earlier firearms case.

            In announcing the sentence, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences and the FBI’s Cellular Survey Analysis Team. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Tiffany Fogle and Lornce Applewhite; Litigation Technology Specialist Leif Hickling, and Criminal Investigators Durand Odom, Tommy Miller, Mark Crawford, and John Marsh.

            Finally, they commended the work of Assistant U.S. Attorneys John B. Timmer and Laura Crane, who investigated and prosecuted the case.

ALBUQUERQUE – Four more of the 22 defendants charged with federal drug trafficking and international money laundering charges in a superseding indictment filed in Aug. 2017, entered guilty pleas in federal court in Las Cruces, N.M., this week

Twenty-three defendants were charged on April 19, 2017, in a 44-count indictment, as the result of a 16-month DEA-led federal investigation targeting a Mexican drug trafficking organization (DTO) responsible for importing large quantities of heroin, methamphetamine and cocaine from Mexico, and distributing the drugs in New Mexico, Texas, Kansas, Kentucky and Illinois.  During the investigation, law enforcement authorities seized approximately 30 kilograms of heroin, 64 kilograms of methamphetamine, 17 kilograms of cocaine, 20 kilograms of marijuana, 24 firearms, $102,000 in currency, and three vehicles.  The investigation concluded in April 2017, with a multi-agency law enforcement operation that included the execution of arrest warrants in New Mexico and Texas, and six search warrants in El Paso, Tex., Sunland Park, N.M., Belen, N.M., and Albuquerque, N.M.

A superseding indictment was filed on Aug. 16, 2017, that included all of the charges from the indictment but removed one defendant.  The superseding indictment charged the 22 defendants with participating in a conspiracy to distribute heroin, methamphetamine and cocaine between April 2016 and April 2017.  It also charged nine of the defendants with participating in an international money laundering conspiracy during that same period in time.  The superseding indictment also charged certain defendants with engaging in a series of substantive drug trafficking and money laundering offenses, and using communication devices (telephones) to facilitate their criminal activities, and one defendant with a firearms offense.

The superseding indictment included 77 overt acts allegedly committed by the defendants in furtherance of the drug trafficking conspiracy, which described the expansive sweep of the DTO’s drug distribution operation and the significant quantities of drugs involved.  For example, the overt acts set forth in the superseding indictment alleged that the DTO’s drug trafficking and money laundering activities extended to Kentucky, where law enforcement officers seized $15,300 in drug proceeds from a courier who was transporting the money to New Mexico in April 2016; to Oklahoma, where law enforcement officers seized 4.44 kilograms of methamphetamine from a courier in June 2016; and New Mexico, where law enforcement officers seized six kilograms of heroin and 3.56 kilograms of methamphetamine from a courier at a U.S. Border Patrol checkpoint in Oct. 2016.

The superseding indictment also included forfeiture allegations, which sought forfeiture to the United States of the proceeds of the DTO’s drug trafficking and money-laundering activities, including $56,556 seized by the DEA during the investigation. 

The following four defendants entered guilty pleas this week:

• Omar Fernandez, 22, of Albuquerque, N.M., pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine and using a communication facility in furtherance of a drug trafficking crime.  Fernandez admitted that between June 2016 and Nov. 2016, he conspired with others to distribute drugs in New Mexico and elswhere by receiving drugs that had been transported from El Paso, Texas, and southern New Mexico to Albuquerque.  Fernandez acknowledged responsibility for trafficking approximately 11.64 kilograms of methamphetamine and 5.38 kilograms of heroin while he was involved in the conspiracy.  At sentencing, Fernandez faces a statutory mandatory minimum penalty of ten years and a maximum of life imprisonment.
• Joshua Jande Carmona, 24, of El Paso, Texas, pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine and heroin, conspiracy to commit international money laundering, international money laundering, and possession of methamphetamine and heroin with intent to distribute.  Carmona admitted in April 2017, he obtained drugs brought into the United States in southern New Mexico and El Paso, Texas, and transported and arranged delivery of the drugs to Albuquerque and other locations.  Carmona acknowledged responsibility for attempting to traffick at least 21.99 kilograms of methamphetamine, six kilograms of heroin and $15,300 in drug proceeds from April 2016 through Oct. 2016.  Carmona’s plea agreement recommends that he be sentenced to a term of imprisonment within the range of 180 and 240 months followed by a term of supervised release to be determined by the court.
• Rosa M. De Santiago, 44, of Sunland Park, N.M., pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine and heroin, conspiracy to commit international money laundering, and possession of methamphetamine and heroin with intent to distribute.  De Santiago entered her guilty plea without the benefit of a plea agreement.  At sentencing, De Santiago faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.
• Vanessa Reyes, 27, of El Paso, Texas, pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine, conspiracy to commit international money laundering, international money laundering, possession of methamphetamine with intent to distribute, and using a communication facility in furtherance of a drug trafficking crime.  Reyes admitted that in April 2017, she worked with others to transport and distribute drugs in New Mexico and other locations.  Reyes admitted that in Oct. 2017, she transported approximately 4.98 kilograms of methamphetamine from El Paso, Texas, to Albuquerque, and $32,000 in drug proceeds from Albuquerque to El Paso, Texas.  At sentencing, Reyes faces a statutory mandatory minimum penalty of ten years and a maximum of life imprisonment.

To date, 13 of the 22 defendants have entered guilty pleas and are awaiting sentencing.  Six defendants have entered pleas of not guilty and are pending trial.  Three defendants have yet to be arrested and are considered fugitives.  Charges in indictments and criminal complaints are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

The Las Cruces and Albuquerque offices of the DEA conducted the investigation with assistance from the U.S. Border Patrol, New Mexico State Police and Hatch Police Department.  Assistant U.S. Attorneys Selesia L. Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases as part of the OCDETF Program and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

The OCDETF Program is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

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.

TRENTON, N.J. – A Fort Lee, New Jersey, man today admitted generating phony tax refunds using personal identifying information stolen from current and former members of the U.S. army, U.S. Attorney Craig Carpenito announced.

Shope Oluwo, 33, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to an indictment charging him with one count each of conspiracy to commit wire fraud, access device fraud, and aggravated identity theft.

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

From January through February 2016, Oluwo conspired with others, including Dermot Sutherland, 29, of Philadelphia, to obtain personal identifying information that was stolen from current or former members of the U.S. Army. Oluwo used that stolen information to create fake military identification cards and fraudulent W-2 forms bearing the victims’ names.

Oluwo provided the phony cards and W-2 forms to Sutherland, who posed as the victims and filed phony returns with a tax preparation company. Afterwards, Sutherland received debit cards from the tax preparation company that contained the ill-gotten refunds.

The conspiracy to commit wire fraud 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. The access device fraud charge carries a maximum potential penalty of 10 years in prison and $250,000 fine, or twice the gross gain or loss from the offense. The aggravated identity theft charge carries a term of imprisonment of two years which must run consecutively to any other prison term. Sentencing is scheduled for Oct. 26, 2018.

Sutherland previously pleaded guilty to his role in the scheme and awaits sentencing.

U.S. Attorney Carpenito credited special agents of the U.S. Department of Defense, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Leigh-Alistair Barzey; postal inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Judy Ramos; and special agents of IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Bryant Jackson in Newark, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Catherine R. Murphy of the U.S. Attorney’s Office Organized Crime and Gangs Unit.

Defense counsel: Patrick Brackley Esq., New York

Jackson, Miss. – Michael Gene Rushing, 58, of Jackson, was sentenced yesterday by Senior U.S. District Judge Tom S. Lee to 210 months to serve, followed by a lifetime of supervised release, for producing child pornography and possession of child pornography, announced U. S. Attorney Mike Hurst, FBI Special Agent in Charge Christopher Freeze and Mississippi Attorney General Jim Hood.

Sometime before August 30, 2017, the Mississippi Bureau of Narcotics (MBN), the Drug Enforcement Administration (DEA), the Mississippi Attorney General’s Office (AG), and the Federal Bureau of Investigation (FBI) had been investigating Wholesale Auto Parts, located at 950 S. Gallatin Street in Jackson, for trading prescription narcotics for heroin with nurses. Periodic surveillance and other investigations revealed that Michael Gene Rushing had also been trading illicit drugs for sex with juveniles.

On August 30, 2017, state officers and federal agents executed a state search warrant at the Wholesale Auto Parts where agents seized electronic devices and illicit drugs. The forensic examination conducted on the devices revealed the presence of videos and images of child pornography. Michael Gene Rushing had been video recording himself engaging in sexually explicit conduct with a minor as young as 13 years at the business on numerous occasions.

"These criminal actions are some of the most despicable and heinous crimes in our society. We will marshal all of the resources and power of all levels of law enforcement to make sure individuals like this Defendant who prey upon our young people are not only brought to justice but also severely punished for harming our children," said U.S. Attorney Hurst.

"Child exploitation is a debilitating and degrading crime that has no place in our society," said FBI Special Agent in Charge Freeze. "In our ongoing mission to protect the American people and uphold the Constitution of the United States, the preservation of minors' rights and safety is of utmost importance to the FBI. This successful prosecution is a direct result of the strong partnerships between the FBI, U.S. Attorney's Office, Mississippi Attorney General's Office, DEA and Rankin County Sheriff's Office."

“This is a sick man, and I thank Judge Lee for placing him as far away from other children as possible,” said Attorney General Jim Hood. “It took the work of many agencies to get this pervert behind bars, and I thank them all for their dedication to protecting the lives of Mississippi’s children.”

A restitution hearing for this case will be held before Judge Lee in Jackson on August 30, 2018.

The case was investigated by the FBI Jackson Division's Child Exploitation Task Force, which is made up of agents from the FBI and the Mississippi Attorney General's Office, and officers from the Prentiss County Sheriff's Office. The DEA, MBN and Rankin County Sheriff's Office also assisted with the investigation. The case is being prosecuted by Assistant U.S. Attorney Glenda Haynes.