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Man Sentenced for Abusive Sexual Contact on Indian Reservation

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A 35-year-old resident of Mount Pleasant, Michigan, was sentenced yesterday to 72 months in prison for Abusive Sexual Contact, announced U.S. Attorney Matthew Schneider.   

United States District Judge Thomas L. Ludington also imposed 5 years of supervised release on Wayne Marshall Acuna who pled guilty on April 9, 2018.

The evidence established that in 2016 or 2017, Acuna entered the room of a minor and rubbed the victim’s vagina through the clothing while the victim was sleeping. This all occurred on the Isabella Reservation.

The case was investigated by the Saginaw Chippewa Tribal Police and the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Roy Kranz.    


Houston Tax Preparer Convicted of Tax Fraud

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HOUSTON - The owner of Crown Financial Services has entered a guilty plea to aiding and assisting in preparing false tax returns, announced U.S. Attorney Ryan K. Patrick.

Fatai Adeniji was the sole tax preparer for Crown Financial Services. From 2012 through 2016, he admitted he prepared false tax returns for his clients which contained false income, false expenses, false education credits and false earned income credits.

Further, from 2013 through 2015, Adeniji prepared and filed false tax returns for himself which omitted most of his earned income from tax preparation and claimed false education credits.

U.S. District Judge Keith Ellison accepted the plea and set sentencing for Oct. 4, 2018. At that time, Adeniji faces up to three years in federal prison as well as a possible $100,000 fine.

He was permitted to remain on bond pending that hearing.

IRS – Criminal Investigation conducted the investigation. Assistant U.S. Attorney Vernon Lewis is prosecuting the case.

Philadelphia Man Pleads Guilty to Methamphetamine Possession

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Jackson, Miss. – Kevin Ashley Wells, a/k/a "Big 50," 37, of Philadelphia, pled guilty today before U.S. Chief District Judge Daniel P. Jordan III to possession with intent to distribute 5 grams or more of methamphetamine, announced U.S. Attorney Mike Hurst and Thomas M. Annello, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations in New Orleans.

On October 13, 2015, Wells sold a quantity of methamphetamine to a confidential informant. The case is the result of an extensive Organized Crime Drug Enforcement Task Force (OCDETF) investigation, dubbed AOperation Highlife,@ which began as an operation targeting illegal narcotics distribution in east central Mississippi area that involved the distribution of methamphetamine, cocaine and marijuana. The distribution network encompasses the States of California, Tennessee, Alabama, Georgia and Mississippi.

Wells will be sentenced by Judge Jordan on October 24, 2018, at 9:30, and faces a maximum penalty of 40 years in prison and a $5 million fine.

The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.

This OCDETF case is a result of a joint investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. Assisting agencies include the Philadelphia Police Department, Neshoba County Sheriff’s Department, Neshoba County District Attorney’s Office, Scott County Sheriff’s Office, Flowood Police Department, Rankin County Sheriff’s Department, Hinds County Sheriff’s Department, Carthage Police Department, Union Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisville Police Department, Mississippi Highway Patrol, United States Attorney=s Office Southern

District of Mississippi and the United States Marshal Service. Assistant U.S. Attorney Erin Chalk is prosecuting the case.

Two Honduran Citizens Indicted For False Statements, Identity Theft, And Conspiracy To Defraud The Internal Revenue Service Of Payroll Taxes

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Jacksonville, Florida – A federal grand jury has returned a superseding indictment charging Fanny Melina Zelaya-Mendez (39, Jacksonville) with making false statements to a federal agent, aggravated identity theft, and three counts of conspiracy to defraud the Internal Revenue Service (IRS) of federal payroll taxes, specifically, Social Security tax, Medicare tax, and income tax. Roger Omar Zelaya-Mendez (34, Jacksonville) has been charged with one count of conspiracy to defraud the IRS. These charges are in addition to previously filed charges. Specifically, on May 2, 2018, Fanny Melina Zelaya-Mendez was charged with three counts of conspiracy to commit wire fraud and Roger Omar Zelaya-Mendez was charged with one count of conspiracy to commit wire fraud and one count of illegally re-entering the United States after a prior deportation. The newly-filed false statements and tax fraud charges each carry a maximum penalty of five years in federal prison, and the aggravated identity theft charge carries a mandatory prison sentence of two years that must be served consecutively to any other sentence. Fanny Melina and Roger Omar Zelaya-Mendez are Honduran citizens who are illegally present in the United States.

The indictment also notifies the defendants that the United States intends to seek forfeiture of $1,033,485, the approximate amount of proceeds obtained as a result of the wire fraud offenses, and an additional $399,575 of seized funds, and two seized vehicles – a 2014 Dodge Ram pick-up and a 2012 GMC Yukon Denali.

The indictment alleges a fraudulent scheme in which construction contractors entered into agreements with shell companies, established by Fanny Melina and Roger Omar Zelaya-Mendez, that arranged for work crews, mostly made up of undocumented aliens, to work on the contractors’ projects. The contractors wrote payroll checks to the shell companies for the work performed by the workers. Fanny Melina and Roger Omar Zelaya-Mendez then cashed the checks, kept 4% as a fee, and distributed the remaining cash to work crew leaders, who then paid the workers.  By obtaining and paying the workers through the shell companies, the contractors could disclaim responsibility for ensuring that the workers were legally authorized to work in the United States, that adequate workers’ compensation insurance was provided, and that required payroll taxes were paid.

During the period of the scheme, a total of approximately $25,837,141 of payroll funds passed through the shell companies. Neither the defendants nor the contractors remitted payroll taxes to the IRS. According to the IRS, the estimated amount of payroll taxes due on the total wages is approximately $6.5 million.

When Fanny Melina Zelaya-Mendez was arrested on May 4, 2018, she gave a false name to an immigration officer and claimed to be a U.S. citizen who had been born in Puerto Rico. She also presented a valid Florida Identification Card which  she had obtained in the false name. Subsequent investigation revealed that the identity that she had adopted was for a real U.S. citizen who was born in Puerto Rico and that Fanny Melina Zelaya-Mendez had obtained the Florida ID card using a genuine Puerto Rico birth certificate and a genuine Social Security card.

An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

Convicted Felon Sentenced for Illegal Reentry into the United States

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ALEXANDRIA, Va. – Ismael Ramirez-Martinez, 46, a citizen of Mexico, was sentenced today to two years in prison for illegal reentry into the United States.

According to court documents, Ramirez-Martinez first illegally entered the United States sometime in or before 1994. In 1994, he was convicted of second degree aggravated assault, a felony, in the New Jersey Superior Court of Middlesex County, for which he was sentenced to four years in prison. After serving the prison sentence, Ramirez-Martinez was removed to Mexico in 1995. He returned to the United States sometime after his removal in 1995. Ramirez-Martinez was convicted of another felony in 2013, felony possession or transportation of a firearm by an unlawful alien in Virginia Circuit Court of Rappahannock County. Later in 2013, he was convicted of his third felony, illegal reentry into the United States after deportation. After serving his prison sentences, Ramirez-Martinez was again removed to Mexico in 2014. Sometime after his deportation in 2014, Ramirez-Martinez returned to the United States illegally for a third time and remained undetected until his arrest on Dec. 30, 2017, in Warrenton for assault and battery on a law enforcement officer.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Russell Hott, Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after sentencing by U.S. District Judge Liam O’Grady. Special Assistant U.S. Attorneys Matthew Reilly and Jason A. Reding prosecuted 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. 1:18-cr-71.

Man Sentenced for Threats to African-Americans at Howard University

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ALEXANDRIA, Va. – An Alexandria man was sentenced today to 33 months in prison for threatening to murder African-Americans at Howard University, a historically black university in Washington, D.C. 

According to court documents, on the night of Nov. 11, 2015, John Edgar Rust, 27, entered a restaurant in Alexandria, connected his laptop computer and phone to the store’s wireless Internet connection, and posted a threat online to murder African-Americans at Howard University the next day. He posted a statement on another Internet bulletin board several minutes later, under the user name “watchouthoward,” that linked to his first post. He was on probation at the time for committing another crime.

At sentencing, U.S. District Judge Liam O’Grady found that Rust’s conduct constituted a hate crime, thereby increasing his sentence, and ordered Rust to pay $6458.28 in restitution to Howard University for expenses incurred as a result of Rust’s crime.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorneys Nicholas U. Murphy and Maya D. Song prosecuted 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. 1:17-cr-290.

Abington Man Pleads Guilty to Robbing Three Banks

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BOSTON – An Abington man pleaded guilty yesterday in federal court in Boston to robbing three Greater Boston-area banks.

John Soule, 53, pleaded guilty to three counts of bank robbery. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Oct. 19, 2018. Soule was arrested and charged in September 2017 and has been detained since.

On July 12, 2017, Soule entered a branch of the Eastern Bank in Cambridge, where he jumped over the teller’s counter, stated that he had a knife, and demanded the bank’s money. The tellers gave Soule money from their drawers, and Soule exited the bank with $12,940.

On Aug. 9, 2017, Soule entered a branch of the Webster Bank on Franklin Street in Boston and announced a robbery. He jumped over the tellers’ counter and demanded the bank’s money. The tellers gave Soule money from their drawers, and he exited the bank with $3,137.

One month later, on Sep. 8, 2017, Soule entered a branch of the Rockland Trust on Quincy Street in Quincy, where he approached a teller demanding money and then jumped over the counter and entered the bank’s vault. A post-robbery audit determined that Soule stole $42,747 during the robbery.

Video surveillance cameras outside of all three banks captured images of Soule moments before the robberies and following the robberies on a mountain bike.

Throughout their investigation, law enforcement received various tips and information that Soule was the person responsible. On Sept. 29, 2017, law enforcement located and arrested Soule, who, at the time of his arrest, was in possession of over $8,000. Soule was later interviewed and admitted his involvement in the robberies, providing law enforcement with specific details.

Each charge of bank robbery provides for a sentence of no greater 20 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting this case.

 

Defendant sentenced for trafficking methamphetamine from prison

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ATLANTA - Ricardo Silva, a current inmate at Smith State Prison and a high-ranking member of the Sureños prison gang, has been sentenced to 35 years in federal prison for trafficking methamphetamine.  He is currently serving a sentence with the state of Georgia for trafficking cocaine.

“Silva’s time in state prison did not deter him from continuing his drug trafficking activity,” said U.S. Attorney Byung J. “BJay” Pak. “Instead of learning his lesson from his cocaine-trafficking conviction, Silva chose to continue building a drug-trafficking network with methamphetamine, but he will now face the consequences of his crime with a lengthy sentence in federal prison.

“The mission of DEA is unwavering - we combat drug traffickers - to include those who “push” drugs on the streets while incarcerated,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Filed Division.  “In the end, these substances cause immeasurable damage to communities. Today’s sentencing is a perfect example of how the law enforcement community and the U.S. Attorney’s Office work together to keep deserving criminals like Silva behind bars.”

“Methamphetamine continues to ravage many communities in our nation,” said Daniel R. Salter, the Executive Director of the Atlanta-Carolinas High Intensity Drug Trafficking Area (HIDTA).  “Because of the positive results yielded in this case, the sentencing of Silva should serve as a stern warning to others, that whether you seek to push methamphetamine on the streets or while incarcerated, you will ultimately be brought to justice.”

“We are especially proud of our agents and investigators who proactively identified the criminal enterprise being conducted by Silva, and worked tirelessly with our partners at the federal, state, and local levels to expose his actions,” said Gregory C. Dozier, Commissioner of the Georgia Department of Corrections. “This is yet another example of why we appreciate the support and assistance of our law enforcement partners, as we continue to work together in our commitment to expose those who pose a threat to the safety of the citizens of Georgia and ensure justice is served.”

“Criminals who are able to operate inside prisons and conduct this level of criminal activity are a direct threat to the safety of the public,” said GBI Director Vernon Keenan. “The GBI is fully committed to working with the state and federal partners to address this type of crime.”

According to U.S. Attorney Pak, the charges and other information presented in court: Since January 2010, Ricardo Silva has been serving a state sentence for trafficking cocaine. Georgia Department of Corrections officials believed that Silva was – and still is – one of the highest-ranking Georgia members of the Sureños, a dangerous gang with a strong presence in state and federal correctional facilities across the United States.

In 2016, federal agents with HIDTA and the DEA began investigating Silva for trafficking drugs while he was incarcerated in Smith State Prison.  Over the course of the investigation, agents learned that Silva obtained access to a contraband cellphone, despite being segregated from the general population for 23 hours a day.  Silva was able to thwart the prison’s security features designed to prevent inmates from making calls on unauthorized devices.

Agents used a variety of investigative techniques, including a federal wiretap of Silva’s contraband cellphone, to uncover his drug trafficking activities. During the investigation, they seized or found evidence of more than 100 pounds of methamphetamine in liquid and crystal form. Silva coordinated deliveries of this methamphetamine with a source of supply based in Mexico.

Law enforcement officers also conducted a traffic stop after observing one of Silva’s co-conspirators making a drug transaction, finding a firearm and approximately six pounds of crystal methamphetamine at the scene.  Silva’s drug distribution network consisted of family members, former prisoners, and other recruits.

Ricardo Silva, 45, of Lawrenceville, Georgia was sentenced by U.S. District Judge Timothy C. Batten, Sr., to 35 years in prison followed by five years of supervised release for conspiring to possess with intent to distribute at least 50 grams of methamphetamine, possessing with intent to distribute at least 50 grams of methamphetamine, and possessing a firearm in furtherance of a drug trafficking crime. Silva was found guilty by a jury on April 18, 2018.

The following defendants have also been convicted in the conspiracy:

●Victor Alfonso Gattan, a/k/a LA, age 33, of Gwinnett County, Georgia, pleaded guilty and was sentenced on July 10, 2018 to 12 years in federal prison for conspiring to possess with intent to distribute at least 50 grams of methamphetamine;

●Anthony Sandoval, a/k/a Tony, age 25, of Monroe, Georgia, pleaded guilty in federal court to conspiring to possess with intent to distribute at least 50 grams of methamphetamine on April 30, 2018, and is awaiting sentencing;

●Lydia Beck, a/k/a Lady, age 26, of McDonough, Georgia, pleaded guilty in federal court to conspiring to possess with intent to distribute at least 50 grams of methamphetamine on December 12, 2017, and is awaiting sentencing;

●Fernando Betancourt, a/k/a Scrappy, age 33, or Douglasville, Georgia, pleaded guilty in federal court to conspiring to possess with intent to distribute at least 50 grams of methamphetamine on March 5, 2018, and is awaiting sentencing; and

●Leslie Nelson, age 38, of Atlanta, Georgia, pleaded guilty and was sentenced on September 22, 2017 to 15 years in state prison for trafficking methamphetamine and possession of a weapon during a crime in the Superior Court of Clayton County.

This case was investigated by the Atlanta-Carolina High Intensity Drug Trafficking Area Program, the Drug Enforcement Agency, the Georgia Department of Corrections, the Georgia Bureau of Investigation, the Georgia State Patrol, and the Atlanta Police Department.

Special Assistant U.S. Attorney Nicholas N. Joy and Assistant U.S Attorneys Jennifer Whitfield and Vivek Kothari prosecuted the case.

The U.S. Attorney’s Office in Atlanta recommends that parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.


Boston Man Charged with Illegally Possessing a Loaded Handgun

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 BOSTON – A Boston man was charged yesterday in federal court in Boston with unlawfully possessing a loaded handgun. 

Jermaine Fenton, 40, was indicted on one count of possession of a firearm and ammunition by a felon. 

On June 2, 2018, law enforcement officers responded to a call reporting a person with a gun in Dorchester. Fenton had been involved in a dispute with his girlfriend when his girlfriend’s uncle went to check on the situation. When the uncle arrived, he witnessed Fenton hit his niece. When the uncle attempted to separate Fenton from his niece, Fenton threatened the uncle and then went to reach for an object under his bed. Fenton was held back and the uncle was able to retrieve the object, a Glock model 36, .45 caliber pistol with rounds of .45 ammunition. Fenton then fled the home.

About an hour after the initial 9-1-1 call, police were called back to the residence because Fenton was spotted hiding in the back yard. When police arrived, Fenton was hiding in the grass in the back of the house where he was arrested; he is currently in state custody.

In 2010, Fenton was convicted in federal court in Boston of being a felon in possession of a firearm and sentenced to 57 months in prison. 

Fenton faces a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Boston Police Commissioner William Evans made the announcement. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.

The details contained in charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Repeat Child Sex Offender Sentenced to 50 Years in Federal Prison

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BIRMINGHAM– A federal judge on Thursday sentenced a Birmingham man to 50 years in prison for sexually exploiting a five-year-old boy by forcing the child to perform sexual acts and videotaping the conduct, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp Jr.

U.S. District Judge Madeline H. Haikala sentenced LARRY DEAN GARRETT Jr., 38, on one count of sexual exploitation of a child. A federal jury convicted Garrett in December. Garrett faced the potential 50-year sentence because of a previous conviction of a sexual offense against a child in Michigan in 2000. In that case, Garrett confessed to criminal sexual conduct involving a boy younger than 13, according to evidence at trial.

“There must be a standing reservation in the pits of hell for those who sexually abuse children,” Town said. “Fifty years behind the bars of a federal prison is exactly where a repeat child sex offender like Garrett needs to be. Sexual exploitation of a child is one of the most abhorrent crimes prosecuted at any level and we must do all that we can to protect our children from this sort of abuse. Thanks to the FBI’s tireless work on behalf of an innocent and particularly vulnerable victim, and to the child’s family and friends who showed great courage in their willingness to assist law enforcement, Larry Garrett will never have another opportunity to harm a child.”

            “Garrett's sentence not only delivers justice for his victims, but puts an end to his opportunity to exploit children,” Sharp said. “I also hope that this 50-year sentence will serve as a deterrent and a warning to those in our communities who prey upon children that their conduct will not be tolerated, and that the FBI and our partners will work tirelessly to bring them to justice. I commend the agents who investigated Garrett for their professional and thorough investigation."

            Garrett, who performs magic tricks and uses the name, “Magic,” lived in the same Birmingham apartment complex as his five-year-old victim and the child’s mother in 2016. He was known to have spent time with the child, according to evidence.

A friend of the child’s family, who also lived in the same apartment complex, testified at trial that he knew Garrett downloaded movies and requested one from him. When the man opened the files on the computer memory card that Garrett gave him, he discovered the sexually explicit video involving the child, he testified. He showed the video to members of the child’s family, and they provided the video to police.

The FBI investigated the case, which Assistant U.S. Attorney Erica Williamson Barnes prosecuted.

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Bala Cynwyd, PA Man Sentenced to 87 Months in Federal Prison for Bribing Postal Workers to Deliver Marijuana

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PHILADELPHIA – U.S. Attorney William M. McSwain announced that Tafari Riley, of Bala Cynwyd, was sentenced today to 87 months in federal prison for bribing two U.S. mail carriers to deliver packages containing marijuana to various locations in West Philadelphia. 

From April through December 2016, Riley, 26, corruptly paid two United States mail carriers, co-defendants Steven C. Williams and Felicia Charleston, to deliver packages to Riley which were addressed to fictitious individuals and contained large amounts of marijuana. Through this scheme, Riley possessed and distributed a staggering 2,732 kilograms of marijuana. Charleston was sentenced in May to 10 months in prison.  Williams is scheduled to be sentenced on August 1.

Law enforcement twice blocked Riley’s drug trafficking efforts. On Oct. 29, 2016, law enforcement intercepted and seized 158 pounds of marijuana at the post office before it had been delivered to Riley. Then, on September 15, 2017, agents seized 114 pounds of marijuana after it was delivered to Riley for distribution.

“The defendant bribed two federal employees to cultivate a booming marijuana business with no regard for the consequences of his actions,” said U.S. Attorney McSwain. “He abused the postal system, endangered those who lawfully use it, and corrupted two people entrusted with protecting it. Now he has received the punishment he deserves.” 

The case was investigated by the United States Postal Service, Office of Inspector General (USPS-OIG), Homeland Security Investigations (HSI) Border Enforcement Security Taskforce (BEST), and the Pennsylvania Office of Attorney General, Bureau of Narcotics Investigations (BNI) and is being prosecuted by Assistant United States Attorneys Anita Eve and Tomika N.S. Patterson.

Lafayette Man Sentenced to 144 Months in Prison

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HAMMOND – Rafael Roman Ramirez, 37 years old, of Lafayette, Indiana, was sentenced by U.S. District Court Judge Philip P. Simon after pleading guilty to being an Illegal Alien in Possession of a Firearm and Conspiracy to Possess with Intent to Distribute Heroin, announced U.S. Attorney Kirsch.

U.S. Attorney Kirsch said, “The use and abuse of dangerous, highly addictive drugs like heroin have grave consequences on the community where they are present. We are working aggressively with our law enforcement partners to investigate and prosecute cases involving opioids.  We are focusing efforts on dismantling drug distribution networks, including those connected to Mexican cartels, that supply illegal drugs in this District.”   

According to documents in the case, Ramirez was a leader and organizer of a drug trafficking organization with Mexican cartel ties who was tasked with coordinating the delivery of heroin and drug proceeds throughout the country. Ramirez was responsible for between 30 and 90 kilograms of heroin that the drug trafficking organization brought into the country from Mexico and distributed nationwide.

This case was investigated by the DEA and prosecuted by Assistant United States Attorney Jennifer Chang.

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Anchorage Man Convicted of Attempted Sex Trafficking and Exploitation of Minors

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Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that, yesterday, a federal jury in Anchorage convicted Danny Ray Lowe, 49, of two counts of attempted sexual trafficking of a minor, and two counts of attempted sexual exploitation of a minor.

The jury found Lowe guilty on all four counts after a three-day trial before U.S. District Judge Ralph R. Beistline.  Lowe faces a penalty of not less than 15 years and up to life in prison, a fine of $250,000, and a life term of supervised release. The sentencing hearing has been set for Oct. 3, 2018.

According to evidence presented at trial, Lowe used text messages to negotiate the time, place, and price to have sex with two girls, aged 13 and 14. On Sept. 12, 2017, Lowe arrived at Anchorage motel, ready and willing to pay $150 for two hours of illegal sex with the two minors. When Lowe knocked on the motel room door, however, local and federal law enforcement officers arrested him. 

The Federal Bureau of Investigation (FBI) and the Anchorage Police Department (APD) conducted the joint investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Jonas M. Walker.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices nationwide and the Criminal Division’s Child Exploitation and Obscenity Section, 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.projectsafechildhood.gov.

Jury convicts Cleveland man of illegally having ammunition during shootout in which two people were killed

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A Cleveland man was convicted of illegally having ammunition stemming from a shootout last year in which two people were killed.

Jesus Bey, 25, is scheduled to be sentenced Nov. 1. A jury convicted Bey this week of being a felon in possession of ammunition following a weeklong trial.

Bey possessed 12 rounds of .40 caliber ammunition on Jan. 25, 2017, despite prior convictions that made it illegal for him to have ammunition, including felonious assault with a firearm specification, having weapon under disability and attempted felonious assault, according to court documents.

“This defendant is a walking crime wave and our community is safer with him behind bars,” said U.S. Attorney Justin Herdman. “This case demonstrates that law enforcement will work together to sort through the facts and pursue cases against those who illegally use firearms to prey on our neighbors.”

According to trial exhibits and testimony:

Bey was outside Harvard Wine and Grill on Jan. 25, 2017, when a shootout began at the intersection of East 142nd Street and Harvard Avenue. When the shootout was over, two men (one wearing a ski mask) were dead and at least 60 shell casings were recovered at the scene.

Bey was previously sentenced to prison for a 2013 shooting in a bar in Cleveland Heights, according to court documents.

Da’Montais Banks was recently convicted in the Cuyahoga County Court of Common Pleas of tampering with witnesses, possessing weapons despite having a felony record and being a member of the Heartless Felons. The jury did not reach a verdict on the two deaths that resulted from the shootout and charges remain pending, according to court documents.

This case was prosecuted by Assistant U.S. Attorneys Kelly L. Galvin and Scott Zarzycki following an investigation by the Cleveland Division of Police’s Gang Impact Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Cuyahoga County Prosecutor’s Office.

Singer man pleads guilty to bank robbery for heist of Dequincy bank

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LAKE CHARLES, La. United StatesAttorney David C. Joseph announced that a man from Singer pleaded guilty Wednesday to robbing a DeQuincy bank of nearly $16,000.

Gordon Scott Cooper, 56, of Singer Louisiana, pleaded guilty before U.S. Magistrate Judge Kathleen Kay to one count of bank robbery.  The plea will become final when accepted by U.S. District Judge Robert G. James.  According to the guilty plea, Gordon Cooper entered a bank in DeQuincy, Louisiana, with an air-powered BB gun that looked like an automatic pistol and stole $15,999 from two teller drawers.  Police later learned that a maroon Honda Pilot had been seen in the area prior to the robbery and that the driver had been seen acting suspiciously.  Police located Chad Allen Cooper, 39, of Singer, Louisiana, who is Gordon Cooper’s nephew and found BBs and a CO2 cartridge for the air pistol used in the robbery. Chad Cooper admitted to assisting in the robbery and directed officers on how to find his uncle. At Gordon Cooper’s residence, police located the Honda Pilot, a plastic bag containing money, and a pair of tennis shoes that Gordon Cooper identified as the ones worn in the robbery.

Gordon Cooper faces up to 25 years in prison, three years of supervised release and a $250,000 fine. The court set sentencing for October 1, 2018. Chad Cooper pleaded guilty on June 5, 2018, to one count of bank robbery and faces the same penalties as Gordon Cooper. The court set Chad Cooper’s sentencing for October 1, 2018.

The FBI and the Dequincy Police Department conducted the investigation.  Assistant U.S. Attorney David J. Ayo is prosecuting the case.


Maryland Man Sentenced to 49 1/2 Years in Prison For 2016 Slaying of His Ex-Girlfriend

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            WASHINGTON – Donald R. Hairston, 51, of District Heights, Md., was sentenced today to a 49 ½-year prison term for the June 2016 slaying of his ex-girlfriend at her home in Southeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department.

            Hairston was found guilty by a jury in May 2018 of first-degree murder while armed, first-degree felony murder while armed, first-degree burglary while armed, temporary protection order violation, stalking, and related firearms offenses. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Danya A. Dayson.

            According to the government’s evidence, on Saturday, June 18, 2016, at approximately 1 a.m., the victim, Stephanie Goodloe, was in bed in her three-bedroom rowhouse in the 700 block of Kentucky Avenue SE. Her 11-year-old daughter, who was asleep in a nearby bedroom, awoke to her mother’s cry and the sound of “Pop… pop, pop, pop.”  She then then saw a man walk by her open bedroom door.  The man she observed was Hairston, her mother’s ex-boyfriend. Terrified, the girl waited a few minutes before checking on her mother because she was afraid the defendant would come after her next.  When she finally gained the courage to go into her mother’s room, she found her 39-year-old mother dead, suffering from multiple gunshot wounds, including one to the head.  Frantic, she called 911.

            Prior to the murder, according to the government’s evidence, Hairston had engaged in a pattern of domestic violence against Ms. Goodloe. She had filed for a temporary protection order against him approximately two weeks earlier after he had slashed her tires and showed up at her house pounding on the door at all hours of the night.  Additionally, in the weeks leading up to the murder, he stole her house keys from her front door, threatened to kill her, and generally stalked and harassed her. They were scheduled to go to court regarding the temporary protection order on Monday, June 20, 2016, just two days after the murder.

            Hairston was arrested on the day of the murder and has been in custody ever since.

            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 (MPD). They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michelle D. Jackson, David Gorman, and Laura R. Bach; Victim/Witness Advocate Marcia Rinker; Victim/Witness Services Coordinator Katina Adams-Washington; Forensic Child Interview Specialists Karen Giannakoulias and Tracy Owusu; Forensic Operation/Program Specialist Benjamin Kagan-Guthrie; Contract Specialist Marquetta Little; Lead Paralegal Specialist Meridith McGarrity; Paralegal Specialists Kelly Blakeney and Stephanie Gilbert; Criminal Investigators John Marsh and Zachary McMenamin, and Litigation Technology Specialist Leif Hickling.

            Finally, they commended the work of Assistant U.S. Attorneys Alicia Long and John Timmer, who investigated, indicted, and prosecuted the case.

Wilson County Woman Sentenced To Prison For Drug Trafficking

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RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever III sentenced CRYSTAL MARIE PATE, 32 from Lucama, North Carolina, to 138 months in prison, followed by 5 years of federal supervised release.  PATE was part of a drug trafficking organization operating in the Wilson and Nash County region.  On February 20, 2018, PATE pled guilty to Conspiracy to Distribute and Possess With Intent to Distribute 5 Grams or More of Methamphetamine, and a Quantity of Heroin; and one count of Possessing a Firearm in Furtherance of a Drug-Trafficking Crime while Aiding and Abetting another.

In 2015, the Wilson County Sheriff’s Office (WCSO) identified a drug-trafficking organization (DTO) led by PATE and her co-defendants. Shortly after identifying the suspects, the investigation into the DTO began.

The investigation consisted of the use surveillance, seizures, controlled PURCHASES of multiple types of drugs including heroin, methamphetamine, and assorted pills. During the course of the investigation, law enforcement executed a search warrant resulting in the recovery of drug packaging materials, quantities of heroin, methamphetamine, and other controlled substances.   

The Court determined that PATE was responsible for the distribution of 10.38 grams of heroin and 23.81 grams of methamphetamine, and the possession of a firearm in furtherance of her drug trafficking activity – specifically a .44 Caliber Charter Arms handgun.

The case was investigated by the Wilson County Sherriff’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the North Carolina State Bureau of Investigation.  Assistant United States Attorney Brad Knott prosecuted the case on behalf of the United States.

Omaha Man Sentenced for Conspiracy to Distribute Methamphetamine

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United States Attorney Joe Kelly announced that on July 13, 2018, Jason Edward Boonie, 40, of Omaha, Nebraska, was sentenced to nine years and 10 months (118 months) in prison for conspiracy to distribute and possess with the intent to distribute 50 grams or more of actual methamphetamine and 500 grams or more of a mixture containing methamphetamine.  Following the prison term, Boonie will serve five years on supervised release. 

Information provided to law enforcement indicated Boonie was responsible for the distribution of at least 50 grams (approximately 1 ¾ ounces) of actual (pure) methamphetamine and at least 500 grams (approximately 18 ounces) of methamphetamine mixture in the Lincoln area between February of 2014 and December of 2016.  On September 15, 2016, one of Boonie’s associates was stopped by the Nebraska State Patrol and was found in possession of 59 grams of methamphetamine mixture, which the State Patrol Crime Laboratory later found contained at least 53 grams of actual methamphetamine.  The associate said she bought the methamphetamine from Boonie just prior to her arrest. On September 29, 2016, Boonie was arrested on outstanding warrants in Omaha.  His car was searched, and over 167 grams of methamphetamine mixture was found.

In February of 2018, Boonie was sentenced to three years in state prison in Douglas County for possession of methamphetamine due to his September 29, 2016 arrest.  Boonie’s sentence on the federal conspiracy charge will run concurrent with (at the same time as) the remainder of that state sentence.

This case was investigated by the Lincoln/Lancaster County Narcotics Task Force, the Omaha Police Department, and the Nebraska State Patrol.

Roxbury Man Charged with Identity Theft

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BOSTON – A Roxbury man identified as John Doe was arrested today and arraigned in federal court in Boston.

According to the indictment unsealed today, Doe repeatedly used a Social Security number that was not his, including to obtain a U.S. passport, which he then used to enter the U.S., and in support of a claim for Massachusetts unemployment insurance benefits. The indictment also charges that Doe obtained public housing benefits worth over $65,000 by using a Social Security number that was not his. The defendant’s true identity remains unknown.

The charging statute for aggravated identity theft provides for a mandatory sentence of two years in prison, to be served consecutive with any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. The charges of theft of public funds and using a passport obtained through false statements each provide for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of misuse of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations, Labor Racketeering and Fraud; and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.

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

 

 

Sentencings for July 17 - July 20, 2018

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JULIO GASCA-NIETO, 30, of Denver, Colorado was sentenced by Chief Federal District Court Judge Scott W. Skavdahl on July 19, 2018 for conspiracy to distribute methamphetamine and distribution of methamphetamine. Gasca-Nieto was arrested in Casper, Wyoming. He received one hundred twenty months of imprisonment, to be followed by sixty months of supervised release. The Wyoming Division of Criminal Investigation, U.S. Drug Enforcement Agency, and the US Immigration and Customs Enforcement Agency investigated this case.

CODY JAMES AHRENS, 27, of Cheyenne, Wyoming was sentenced by Federal District Court Judge Nancy D. Freudenthal on July 17, 2018 for seize, confine, kidnap, carry away and hold, and possession of a firearm in furtherance of a crime of violence. Ahrens was arrested in Cheyenne, Wyoming. He received one hundred thirty months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay a $200.00 special assessment. The Cheyenne Police Department, Weld County Colorado Sheriff’s Office and US Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case.

*** 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.

MICAH NATHANIAL HECK, 25, of Claude, Texas was sentenced by Federal District Court Judge Nancy D. Freudenthal on July 20, 2018 for sexual battery. Heck was arrested in Claude, Texas. He received twelve months of imprisonment, to be followed by twelve months of supervised release, and ordered to pay restitution in the amount of $1,602.75 and a $25.00 special assessment. The National Park Service investigated this case.

AARON MICHAEL WATSON, 29, of Gillette, Wyoming was sentenced by Chief Federal District Court Judge Scott W. Skavdahl on July 19, 2018 for interference with interstate commerce by means of robbery and aid and abet. Watson was arrested in Casper, Wyoming. He received eighty-four months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay restitution in the amount of $1,409.00 and a $100.00 special assessment. The Gillette Police Department and US Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.

*** 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.

KENDAL RAY WILLIAMS, 42, with no fixed address, was sentenced by Chief Federal District Court Judge Scott W. Skavdahl on July 19, 2018 for failure to register as a sex offender. Williams was arrested in Casper, Wyoming. He received fifteen months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay $100.00 special assessment. The United States Marshals Service investigated this case.

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