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Upstate Man Pleads Guilty to Child Porn Charges

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Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Keith D. Cook, age 38, of Greer, pled guilty in federal court in Spartanburg, to possession of child pornography, a violation of Title 18, United States Code, Section 2252A.  United States District Judge Donald C. Coggins, of Spartanburg, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that on January 18, 2017, law enforcement conducted a search warrant at Cook’s home after receiving information that he was uploading child pornography to a mobile device.  A search warrant was conducted at the home and Cook was located at his place of business.  Law enforcement recovered Cook’s cell phone and located multiple images of children, some prepubescent, engaging in the lascivious display of the genitals.  Cook was questioned and admitted to downloading the child pornography that led to the search warrant. 

Ms. Lydon stated that because Cook has a prior conviction for possessing child pornography he is subject to a mandatory minimum sentence of 10 years.  The maximum penalty Cook can receive is a fine of $250,000 and/or imprisonment for 20 years, supervised release of up to life, plus a special assessment of $100. 

The case was investigated by agents with the Greenville County Sheriff’s Office and the Department of Homeland Security, Office of Investigations. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.

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Manhattan U.S. Attorney Announces Money Laundering Charges Against Operators Of Nationwide Prostitution Enterprise And Seizure Of Online Escort Website

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Angel M. Melendez, Special Agent in Charge of Immigration and Customs Enforcement’s Homeland Security Investigations in New York (“HSI”), announced today the arrest of BRANDON MARTIN and TAMEKO LINDO for money laundering and conspiracy to commit money laundering in connection with their ownership and operation of Flawless Escorts, a nationwide business offering prostitution services, as well as the seizure of Flawless Escorts’ website.  MARTIN and LINDO will be presented today in Fort Lauderdale federal court.

U.S. Attorney Geoffrey S. Berman said:  “As alleged, Brandon Martin and Tameko Lindo ran a nationwide prostitution ring, requiring their ‘employees’ to service as many as seven clients a day.  However, the fatal flaw in Martin and Lindo’s alleged scheme was their underestimation of law enforcement’s ability to detect and halt their illicit activities.” 

HSI Special Agent in Charge of Angel M. Melendez said:  “In just under four years, these defendants are alleged to have secured more than three thousand hotel bookings to use in the furtherance of their prostitution scheme.  In this case, members of HSI’s El Dorado Task Force were able to follow the money, tracking the advertising funds, payments and movement of dollars to locate the perpetrators, and they now face prosecutions for their actions.”

According to the allegations in the Complaint sworn out in Manhattan federal court:[1]

From 2014 to the present, MARTIN and LINDO have operated an online prostitution service through their website, www.flawlessescorts.com (the “Website”).  As part of their prosecution business, MARTIN and LINDO arranged for escorts to travel throughout the United States to engage in prostitution, securing more than 3,000 hotel bookings under the names of various women.  MARTIN and LINDO also required escorts to follow certain protocols when traveling on behalf of the Website, including an expectation that each escort would see a minimum of seven clients per day.  MARTIN and LINDO also required escorts to deposit the proceeds of their commercial sex acts into a number of corporate and personal bank accounts that they controlled. 

MARTIN and LINDO then used the proceeds of the prostitution scheme for personal gain and to further their illegal prostitution business.  They paid, for example, over $180,000 from bank accounts under their control to advertise for the Website and to pay expenses of individual escorts.   

*                      *                     *

MARTIN, 42, and LINDO, 38, of Parkland, Florida, are charged with one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison, and two counts of money laundering, each of which carries a maximum sentence of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of HSI.

This case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorneys Tara M. La Morte and Kyle A. Wirshba are in charge of the prosecution.

The charge contained in the Complaint is merely an accusation, and the defendants are presumed innocent unless and until proven guilty.

 

[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Virginia Man Sentenced to Prison for Tax Fraud and Structuring More than $475,000

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WASHINGTON - A Concord, Virginia man was sentenced to prison today for tax and currency structuring charges, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.

Barry Edwards, 54, was sentenced to 36 months in prison on one count of filing a fraudulent 2013 tax return and one count of conspiring to structure cash transactions.

According to court documents and information provided to the court, Barry and his wife Joanne Edwards created two purported religious missions in 2006, which they used as nominees to receive income Barry Edwards earned selling nutritional supplements. The couple deposited this income into bank accounts held in nominee names. They then withdrew more than $475,000 in cash from these accounts, in increments less than $10,000, to evade bank-reporting requirements. The couple deposited the withdrawn funds into their own bank accounts to pay personal expenses, including car payments and their children’s tuition. Barry Edwards also used the cash to purchase a five-acre farm in Concord, Virginia. The couple jointly filed fraudulent 2013 through 2015 tax returns with the Internal Revenue Service (IRS) that did not fully report their income.

In addition to the term of imprisonment, U.S. District Court Judge Norman K. Moon ordered Barry Edwards to serve three years of supervised release. Mr. Edwards was also ordered to pay $7,929.00 in restitution to the IRS for unpaid taxes.

The Court previously sentenced Joanne Edwards, on May 9, 2018, to 18 months in prison followed by three years of supervised release as well as restitution for filing a fraudulent 2013 tax return and conspiring to structure cash transactions.

Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney Thomas T. Cullen thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Sean Beaty of the Tax Division and Special Assistant U.S. Attorney Kari Munro, who prosecuted the case.

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

Man Sentenced After Lying About Writing Threatening Note On Board United Flight From San Diego To Denver

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DENVER – Cameron Elvan Korth, age 22, of Denver, was sentenced late last week by U.S. District Court Judge Raymond P. Moore to serve 18 months in federal prison followed by 4 months in a halfway house for lying to authorities about writing a threatening note aboard an aircraft bound for Denver, announced U.S. Attorney Bob Troyer and FBI Denver Division Special Agent in Charge Calvin Shivers.  After his custodial sentence, the defendant was ordered to spend 3 years on supervised release.  Korth appeared at the sentencing hearing in custody and was remanded at its conclusion. 

Korth was first charged by criminal complaint on January 17, 2017.  He was indicted by a federal grand jury in Denver on February 7, 2017.  He pled guilty to providing false information and threats before Judge Moore on April 10, 2018.  He was sentenced on July 20, 2018. 

According to the stipulated facts contained in the plea agreement, on January 16, 2017, at approximately 8:26 p.m., the FBI was advised of a written bomb threat discovered by a passenger onboard United Airlines Flight 231 in flight from San Diego to Denver.  The passenger was later identified as the defendant Cameron Korth.  The note stated, “THERE IS BOMBS ON UA 231  DO NOT ATTEMPT TO LAND.”  Due to the threat, upon arrival in Denver, Flight 231 was parked on an isolated portion of the airfield away from the DIA Main Terminal and concourses.  The passengers were evacuated to waiting buses and the aircraft was searched by the Denver Police Department.  No explosives were found. 

Mr. Korth was brought to the Denver Police Office in the Airport Office Building at DIA so he could be interviewed about his involvement in the bomb threat incident. Korth was asked to provide a written statement about what had happened on Flight 231 and he voluntarily did so.  As he wrote his statement, investigators believed there to be similarities in the letter formation of the words in the bomb threat and the words in the statement.  It was then determined that it was Korth who wrote the note on paper he found jammed in the seat back in front of him.  He then took the note to one of the lavatories on the aircraft, placed it in the toilet seat cover dispenser, and then pointed it out to one of the flight attendants. 

“A written threat like this is a big deal, especially when you’re one of the people traveling in a metal cylinder 30,000 feet above the earth,” said U.S. Attorney Bob Troyer. “Threats like this have real victims.  And they will get you real punishment.”

“The FBI and our law enforcement partners take all threats seriously,” said FBI Denver Division Special Agent in Charge Calvin Shivers. “Hoax threats endanger our community and divert limited law enforcement resources.  This sentence shows the seriousness of such matters and the FBI will continue to put its resources towards the investigation of such crimes.”

This matter was investigated by the FBI and the Denver Police Department.  The defendant was prosecuted by Assistant U.S. Attorney Kurt Bohn.

Brownsville Man Gets 20 Years for Sexual Exploitation of a Child

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BROWNSVILLE, Texas – A 26-year-old Brownsville resident has been ordered to federal prison following his conviction for production of child pornography, announced U.S. Attorney Ryan K. Patrick. Manuel Teodoro Perez pleaded guilty Feb. 14, 2018.

Today, U.S. District Judge Andrew Hanen sentenced Perez to 240 months in federal prison. At the hearing, the court heard that Perez molested a four-year-old child on at least five separate occasions. In one instance, Perez molested the child while another younger child was present in the room. The court also heard that Perez was in possession of 628 images and 57 videos of child pornography at the time of his arrest.

In handing down the sentence, Judge Hanen noted the nature and circumstances of the offense as the justification for the 20-year sentence. Perez will also serve 20 years on supervised release following the sentence, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. Perez will also be ordered to register as a sex offender.

In April 2017, the Rio Grande Valley Child Exploitation Task Force initiated an investigation into an email address associated with the distribution and downloading of child pornography through the use of internet applications. Perez was ultimately located at his residence in Brownsville and was found to be the possessor of the email address. Further investigation revealed Perez was in possession of numerous images and videos of child pornography – 628 images and 57 videos in total.

During the forensic analysis of the digital storage device Perez was utilizing to store his child pornography collection, law enforcement discovered a video of Perez sexually assaulting a four-year-old minor child. Further investigation revealed Perez had sexually assaulted the minor child on five separate occasions.

Immigration and Customs Enforcement’s Homeland Security Investigations and the Rio Grande Valley Child Exploitation Task Force conducted the investigation. 

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

25 Defendants Charged In Manhattan Federal Court With Multimillion-Dollar Wire Fraud And Money Laundering Scheme

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of an Indictment charging Diyora Ashirova, Elvin Baghir-Pur, Kirill Dedusev, Roman Eliozashvili, Sarkhan Imamverdiyev, Mikheil Inadze, Aziza Jalolova, Elvin Javadzade, Igor Kalinitchev, a/k/a “Irvin Kalinitchev,” Tengiz Khukhiashvili, Yelena Kudaibergenova, Mishel Levinski, Stanislav Lisitskiy, a/k/a “Giedrius Girnius,” Aleksei Livadnyi, Durra Mehdiyeva, Mikhail Morozov, Ielyzaveta NAzina, Gocha Paposhvili, Matiss Puke, Ketevan Sepiashvili, Aleksandr Starikov, Igor Stasovskiy, Nikolay Tupikin, Karlis Vitols, and Melvut Yazici with conspiracy to commit wire fraud and conspiracy to commit concealment money laundering.  Eleven of the defendants were arrested on these charges today in New York.  These defendants will be presented and arraigned today before United States Magistrate Judge James L. Cott in Manhattan federal court.  BAGHIR-PUR was arrested in Miami this morning and will be there presented there later today.  KHUKIASHVILI is in custody on state charges in Alachua County, Florida, and PUKE and VITOLS are in custody on state charges in Charlevoix County, Michigan.  All three will be transferred to federal custody.  DEDUSEV, ELIOZASHVILI, KUDAIBERGENOVA, LISITSKIY, LIVADNYI, MOROZOV, STARIKOV, and TUPIKIN remain at large.  The case has been assigned to United States District Judge George B. Daniels.

U.S. Attorney Geoffrey S. Berman said:  “As alleged, the defendants participated in a nationwide scheme to defraud, duping victims who responded to fake internet advertisements designed to resemble advertisements posted by legitimate merchants.  Then the defendants allegedly created dozens of shell companies to receive victim payments and withdrew the funds and sent them out of the country.  Thanks to the hard work of the FBI, these defendants will now face prosecution.”

FBI Assistant Director William F. Sweeney Jr. said:  “Trusting that they were conducting legitimate business with automotive dealers, these victims lost over $4 million as a result of this scheme.  While allegedly operating under this façade, the defendants were diligent in the theft of the funds, but showed no regard to the financial impact on the victims. As shown by the charges brought today, the FBI will continue to work tirelessly with our law enforcement partners to uncover duplicitous conspiracies, regardless of the vast intricacy of their cover-ups.”

According to the allegations in the Indictment and statements made during court proceedings in this matter[1]:

From November 2016 through July 2018, the defendants carried out a wide-ranging fraudulent scheme that typically involved impersonating legitimate sellers of cars, tricking victims into providing payment for those cars, withdrawing the funds from banks around the country using efforts designed to evade scrutiny, and wiring the proceeds outside the United States.

The fraud most commonly operated as follows: first, co-conspirators impersonated automotive dealers and collectors and claimed to be selling classic cars on various well-known internet auction and trading websites.  Victims responding to the ads were in fact corresponding with a fraud scheme participant.  After the victims and co-conspirators came to terms on a sale price, including down payment and shipping costs, victims were next directed to purported automotive transportation companies and were told that these companies would accept payment and transport the cars.  These companies were in fact shell corporations established by the conspiracy to help perpetrate the fraud, whose corporate bank accounts were established and controlled by the defendants, awaiting wired funds from the fraud’s victims.  After victims had wired payment, the defendants went to the banks to drain the victim’s funds, often starting the same day payment had been transmitted.  The defendants would draw money from different bank branches in numerous withdrawals on the same day, in denominations that were varied and often kept to an amount they believed would prevent the financial institutions from recording and reporting the fraud.  The co-conspirators then sent the fraud proceeds outside the United States to Eastern European countries, from where many of the conspirators originated.  Victims never received the goods they believed they had purchased, and many were unable to recover their money or were left paying loans for cars that were never truly for sale.  The defendants’ scheme defrauded victims of more than $4.5 million.

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Each of the defendants is charged with one count of conspiracy to commit wire fraud, which carries a maximum sentence of 30 years in prison, and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge. The table below lists the name, age, nationality, and residence of each defendant.

Mr. Berman praised the outstanding investigative work of the FBI.

If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact the Victim/Witness Unit at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900.  For additional information, go to: http://www.usdoj.gov/usao/nys/victimwitness.html.

The prosecution is being handled by the Office’s General Crimes Unit.  Assistant United States Attorneys Jeffrey C. Coffman, Thane Rehn, and Matthew J.C. Hellman are in charge of the prosecution. 

 The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Name

Age

Nationality

Residence

ASHIROVA

27

Kazakhstan

Brooklyn

BAGHIR-PUR

24

Azerbaijan

Brooklyn

ELIOZASHVILI

44

Georgia

Brooklyn

IMAMVERDIYEV 

30

Azerbaijan

Brooklyn

INADZE

37

Georgia

Brooklyn

JALOLOVA

23

Kazakhstan

Brooklyn

JAVAZADE

30

Azerbaijan

Brooklyn

LEVINSKI

23

United States

Brooklyn

KHUKIASHVILI

63

Georgia

Brooklyn

KHUDAIBERGENOVA

48

Kazakhstan

Brooklyn

KALINITCHEV

62

Ukraine

Brooklyn

MEHDIYEVA

23

Azerbaijan

Brooklyn

NAZINA

29

Ukraine

Brooklyn

PAPOSHVILI

43

Georgia

Brooklyn

SEPIASHVILI

64

Georgia

Brooklyn

STASOVSKIY

58

Russia

Brooklyn

YAZICI

36

Turkey

Brooklyn

PUKE

31

Latvia

Delray Beach, FL

VITOLS

29

Latvia

Delray Beach, FL

DEDUSEV

29

Russia

Los Angeles

LISITSKIY

30

Russia

Los Angeles

LIVADNYI

39

Russia

Los Angeles

TUPIKIN

32

Russia

Los Angeles

MOROZOV

29

Russia

Moscow

STARIKOV

34

Russia

Moscow

 

[1]  As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Doctor Indicted And Arrested For Health Care Fraud

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SAN JUAN, P.R. -  On July 19, 2018, a Federal Grand Jury in the District of Puerto Rico returned an indictment charging Dr. Miguel Rivera-Sanabria with 18 counts of health care fraud, three counts of aggravated identity theft, three counts of false statement relating to health care matters, and eight counts for attempted distribution of controlled substances. The defendant was arrested today, announced Rosa Emilia Rodríguez Vélez, United States Attorney for the District of Puerto Rico. The Office of the Inspector General for the U.S. Department of Health and Human Services (“HHS-OIG”) is in charge of the investigation with the collaboration of the FBI and the Drug Enforcement Administration (DEA).

According to the indictment, from on or about August 2013, and continuing through on or about August 2017, Dr. Miguel Rivera-Sanabria enriched himself by submitting false and fraudulent claims to Medicare through claims submissions to Medicare Advantage plans for medical services that were never performed. Rivera-Sanabria fraudulently billed Medicare $252,055, and he caused Medicare to pay $225,250 based on these false and fraudulent claims.

The defendant is also charged with Aggravated Identity Theft and False Statements for at least three instances where he billed for services to patients who were deceased. The indictment alleges that the defendant knowingly transferred, possessed, and used the names, date of birth, and social security number, attached to the supplier’s unique Medicare identification number of three patients who in fact were deceased at the time of the alleged psychiatric evaluation claims.

“Billing federal health programs for medically unnecessary services is unacceptable and a waste of taxpayer funds,” said U.S. Attorney Rosa E. Rodriguez-Velez. “Today’s arrest shows the Department of Justice’s firm commitment to protect public funds and to safeguard the well-being of federal health care program beneficiaries.”

Rivera-Sanabria is facing a health care fraud forfeiture allegation of $225,250, which constitutes the amount of money Medicare paid the defendant, and a property located in Las Villas en Palmas II in the municipality of Humacao, PR.

Pursuant to the charges, the defendant faces potential penalties of up to ten years of imprisonment for the health care fraud charges, and a mandatory minimum term of two years of imprisonment for the aggravated identity theft charges. This case was investigated by HHS-OIG, FBI, and DEA, and is being prosecuted by Assistant U.S. Attorney Edward Veronda of the Financial Fraud and Corruption Unit.

Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent unless and until proven guilty.

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Lawton Man Pleads Guilty to Failing to Register as a Sex Offender

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OKLAHOMA CITY – ROBERT LEE PIERCE, 70, of Lawton, Oklahoma, pleaded guilty today to traveling from New Mexico to Oklahoma and failing to register as a sex offender, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.

According to an affidavit in support of a criminal complaint filed on May 17, 2018, the U.S. Marshals Service learned that Pierce was registered as a sex offender in New Mexico as of April 3, 2018, but had actually been living in Lawton with his wife and several small children.  The affidavit states further investigation revealed Pierce moved to Lawton in the late summer or early fall of 2017.  According to the affidavit, Pierce had been convicted of criminal sexual penetration of a minor victim in New Mexico in May 2015.  In Oklahoma, he would have been designated as an Aggravated Offender and required to register as a sex offender for life.

Pierce has been in the custody of the Marshals Service since June 5, 2018, when he appeared before a U.S. Magistrate Judge in Oklahoma City.

On July 5, 2018, the U.S. Attorney filed an information that charges Pierce with traveling in interstate commerce and failing to register and update his registration as a sex offender under the Sex Offender Registration and Notification Act, or SORNA.

Today Pierce pleaded guilty to the SORNA violation before United States District Judge David L. Russell.

At sentencing, Pierce faces up to ten years in prison and a fine of up to $250,000.  After release, he will be subject to supervision for not less than five years and up to the rest of his life.  Sentencing will take place in approximately 90 days.

This case is the result of an investigation by the United States Marshals Service, the Santa Ana County Sheriff’s Department in New Mexico, and the Lawton Police Department.  Assistant U.S. Attorney Brandon Hale is prosecuting the case.

Pierce’s conviction is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse.  Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section of the Department of Justice, 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.

Reference is made to court filings for further information.


Mexican Man Sentenced to Prison Following Deportation and Document Fraud

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A Mexican man who had been deported, illegally returned to the United States, and then used false identification documents to obtain a job was sentenced July 23, 2018, to 27 months in federal prison.

Pablo Rosales-Aquino, age 37, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after an  April 19, 2018, guilty plea to one count of unlawful use of identification documents and one count of illegal reentry into the United States.

At the guilty plea, Rosales-Aquino admitted he had previously been deported from the United States on April 15, 2009, and that he illegally reentered the United States without the permission of the United States government.  Rosales-Aquino was also given voluntary returns to Mexico seven times between March 1998 and January 2000.  Rosales-Aquino also admitted that on December 5, 2017, he used a fraudulent social security card and a fraudulent Green card when completing employment forms to obtain a job in Cedar Falls, Iowa.  The social security account number on the card used by Rosales-Aquino belonged to a United States citizen.  The account number on the Green card belonged to another person. 

Rosales-Aquino has prior convictions for operating a motor vehicle while intoxicated in Allamakee County in 2004, in Clayton County in 2005, and in Black Hawk County in 2007.  On February 1, 2018, Rosales-Aquino was arrested in Black Hawk County for driving without a license.  On March 2, 2018, immigration agents arrested Rosales-Aquino at his place of employment in Cedar Falls.

Rosales-Aquino was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Rosales-Aquino was sentenced to 27 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. 

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

The case file number is 18-CR-2010-LRR.

Follow us on Twitter @USAO_NDIA.

Guatemalan Man Sentenced to Prison for Illegally Returning to the United States

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A Guatemalan man who illegally returned to the United States after being deported was sentenced July 23, 2018, to over 2 months in federal prison.

Natanael Misrain Gomez-Tuy, age 29, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a May 31, 2018 guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Gomez-Tuy admitted he had previously been deported from the United States on October 8, 2009.  He then illegally reentered the United States without the permission of the United States government.  On May 4, 2018, defendant was arrested by ICE following a traffic stop in Cedar Rapids.

Gomez-Tuy was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Gomez-Tuy was sentenced to 70 days’ imprisonment.  He must also serve a 1-year term of supervised release after the prison term.  There is no parole in the federal system.

Gomez-Tuy is being held in the United States Marshal’s custody until he can be turned over to immigration officials.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. 

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

The case file number is 18-CR-49-LRR.

Follow us on Twitter @USAO_NDIA.

Mexican Man Sentenced to Prison for Illegally Reentering the United States after Two Prior Deportations

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A Mexican man who illegally returned to the United States after being deported following a conviction for a drug felony offense was sentenced July 23, 2018, to 27 months in federal prison.

Leonides Osornio-Torres, age 45, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a May 7, 2018, guilty plea to one count of illegal reentry into the United States after having been convicted of an aggravated felony offense.

At the guilty plea, Osornio-Torres admitted he had previously been deported from the United States on July 22, 2011, and again on November 6, 2016.  He then illegally reentered the United States without the permission of the United States government.  Osornio-Torres was previously convicted on January 31, 2003, in the United States District Court for the Northern District of Iowa of distribution of approximately 5.5 pounds of pure methamphetamine and sentenced to 135 months’ imprisonment.  On February 23, 2018, Osornio-Torres was arrested in Black Hawk County for providing false identification information and public intoxication and was turned over to ICE on March 16, 2018.

Osornio-Torres was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Osornio-Torres was sentenced to 27 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. 

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

The case file number is 18-CR-2013-LRR.

Follow us on Twitter @USAO_NDIA.

Queens Man Pleads Guilty to Attempting to Provide Material Support to ISIS

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Earlier today, Ali Saleh, a U.S. citizen, pleaded guilty at the federal courthouse in Brooklyn to two counts of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS).  The proceeding took place before United States District Judge William F. Kuntz, II.  When sentenced, Saleh faces up to 35 years’ imprisonment.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, John C. Demers, Assistant Attorney General for National Security, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the guilty plea.

“Ali Saleh attempted to travel to the Middle East to become an ISIS fighter, funded other foreign fighters, posted instructions to make explosive devices and transported explosive materials,” stated United States Attorney Donoghue.  “The defendant’s persistent efforts to aid ISIS were defeated by the outstanding work of law enforcement officers who stopped him before he could do harm.  This Office will continue to work closely with the FBI’s Joint Terrorism Task Force in New York to keep our city safe from terrorists and prevent extremists from travelling abroad to join foreign terrorist organizations.”

“Saleh was undeterred in his many attempts to travel to join ISIS, and although he failed in these efforts, he turned his attention to assisting others online to join ISIS’s murderous mission in Syria,” said Assistant Attorney General Demers.  “I am grateful to our partners in federal law enforcement and the prosecutors who were able to apprehend and charge Saleh before he could do more damage or harm innocent Americans.”

 “Ali Saleh was persistent in his efforts to become a foreign fighter, but his persistence did not exceed the diligence of law enforcement,” stated FBI Assistant Director-in-Charge Sweeney.  “The defendant went to great lengths to attempt to travel to the Middle East, while funding other foreign fighters in the process. As the FBI’s Joint Terrorism Task Force continuously strives to protect citizens from potential terrorist threats, today’s plea depicts one of the many efforts to achieve this goal.”

“New Yorkers continue to benefit from the NYPD’s robust counterterrorism capabilities and strong working relationships with our law enforcement partners on the Joint Terrorism Task Force,” stated NYPD Commissioner O’Neill.  “Today’s guilty plea shows that in collaboration with the FBI and the Eastern District of New York, our skilled investigators and analysts will stop at nothing to further the critical mission of defending society from acts of terrorism wherever and however, they are being planned.”

According to court filings, Saleh was arrested after repeatedly attempting to travel to the Middle East to become a foreign fighter for ISIS.  In 2013 and thereafter, Saleh became interested in the conflict in Syria, swore an oath of allegiance to ISIS and decided to travel to the Middle East in support of ISIS.  On August 25, 2014, Saleh stated online, “I’m ready to die for the Caliphate, prison is nothing.”  On August 28, 2014, Saleh stated online, “Lets be clear the Muslims in the khilafah [caliphate] need help, the one who is capable to go over and help the Muslims must go and help.”  That same day, Saleh made an airline reservation to travel from New York to Turkey, a country bordering Syria.  The defendant was ultimately prevented from traveling because his parents took away his passport.

Saleh then redirected his efforts to facilitating others’ support of ISIS.  In October 2014, the defendant communicated with an ISIS supporter in Mali through an online messaging platform and sent a wire transfer in the amount of $500 to fund that person’s travel to Syria.  Around the same time period, the defendant communicated with several other individuals in an effort to facilitate their support of ISIS, including known ISIS supporters in the United Kingdom and Australia. 

In July 2015, the defendant purchased fireworks containing explosive powder, hid them in a concealed compartment in the trunk of his car, and drove from Indiana towards New York City.  The fireworks contained approximately 1,196 grams of low explosive powder, consisting of both pyrotechnic material and black powder.  Law enforcement agents located a cellphone belonging to Saleh during the time frame when he acquired the explosive powder and discovered on the phone an electronic pamphlet titled, “Muslim Gangs: The Future of Muslims in the West (Ebook 1:  How to Survive in the West).”  The pamphlet provided detailed instructions regarding how to create a bomb using explosive powder from fireworks.  Saleh posted online the pamphlet’s image of a soda can hand grenade with instructions on how to build an improvised explosive device.  When Saleh’s car broke down on the way to New York City, he abandoned it.

Subsequently, on July 24, 2015, the defendant made a reservation to travel from New York to Egypt, a country bordering Libya, and went to JFK International Airport.  The defendant was ultimately denied boarding.  The defendant subsequently visited three additional international airports in Newark, Philadelphia and Indianapolis, but continued to encounter travel restrictions.  The defendant attempted to circumvent air travel restrictions by taking a train from Cleveland to Canada and flying to the Middle East.  After law enforcement intervention, however, the defendant did not board the train and instead returned to New York. 

After his encounters with law enforcement, Saleh changed his online social media moniker and expressed his support for ISIS under new usernames.  On August 24, 2015, the defendant stated online, “I am a terrorist.”  On September 1, 2015, the defendant stated online, “If they aren’t implementing shariah [Islamic law] grab ur gun and implement shariah and see how fast the world turns against u.”  That same day, the defendant also stated online, “Akhi [brother] if implementing sharia [Islamic law] is easy do it in ur neighborhood and defend it from kuffar [the infidels] and give bayah [an oath of allegiance] to IS.”

The government’s case is being handled by the Office’s National Security & Cybercrime Section.  Assistant United States Attorneys Saritha Komatireddy, Margaret E. Lee and Alexander F. Mindlin are in charge of the prosecution, with assistance provided by Trial Attorneys Lolita Lukose and Jacqueline Barkett of the Justice Department’s Counterterrorism Section.

The Defendant:

ALI SALEH
Age: 25
Queens, New York

E.D.N.Y. Docket No. 15-CR-517

Meth Smuggler Ordered to Federal Prison

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BROWNSVILLE, Texas – A 19-year-old U.S. citizen who resided in Matamoros, Mexico, has been ordered to prison for smuggling methamphetamine through the local port of entry, announced U.S. Attorney Ryan K. Patrick. Brenda Guerra Rios pleaded guilty Jan. 17, 2018, to possession with intent to distribute more than 50 grams of methamphetamine.

Today, U.S. District Judge Andrew S. Hanen ordered Guerra-Rios to federal prison for 66 months. The sentence will be immediately followed by three years of supervised release.

On Nov. 7, 2017, Guerra-Rios attempted to make entry into the United States from Mexico through the pedestrian lane at the Gateway International Port of Entry in Brownsville. A search in secondary inspection revealed a package hidden inside a girdle near her abdomen. The package contained 491.5 grams of methamphetamine.

She has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. 

Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation.  Assistant U.S. Attorney David Coronado prosecuted the case.

 

Facebook Seller Indicted for Robbing and Shooting Customer

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St. Louis, MO – Natez Fisher, 18, of St. Louis, MO, was arrested this morning stemming from a two-count indictment charging him with one count of interference with commerce by robbery and one count of use of a firearm in furtherance of a crime of violence. 

According to the Indictment, on April 16, 2018, Natez Fisher placed an ad on Facebook Marketplace for the sale of a gaming system.  S.K. agreed to purchase the item and met with Fisher at which time Fisher pointed a firearm at S.K., demanded S.K.’s money, and shot him.

If convicted, the robbery charge carries a maximum penalty of 20 years in prison and a $250,000 fine and the defendant could face an additional consecutive mandatory minimum of ten years because the defendant shot the victim during the robbery.  In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.

This case is being investigated by the Federal Bureau of Investigation and the St. Louis Metropolitan Police Department.  Assistant United States Attorney Jennifer Roy is handling the case for the U.S. Attorney’s Office.

As is always the case, charges set forth in the complaint are merely accusations and do not constitute proof of guilt.  Every defendant is presumed to be innocent unless and until proven guilty. 

Jury Finds Isaac J. Culver, III And His Company Guilty Of All Charges For Scheme To Defraud Bibb County School District

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MACON: United States Attorney for the Middle District of Georgia, Charles E. Peeler, announces that Isaac J. Culver, III, age 48, Lizella, Georgia, and his corporation, Progressive Consulting Technologies, Inc. (PCTI) were found guilty by a jury of his peers for conspiracy to commit wire and mail fraud, ten (10) counts of wire fraud, one count of mail fraud, and conspiracy to launder the proceeds of unlawful activity.

The charges against Mr. Culver, President and Chief Executive Officer of PCTI, stem from the sale of 15,000 NComputing devices for $3.7 million to upgrade classroom technology for the Bibb County School District (BCSD) in 2012.

Mr. Culver helped to create a fraudulent invoice listing CompTech, a technology company from Dayton, Ohio, as the vendor.  Instead, the true purchaser of the NComputing devices was PCTI.  As delivered, the devices were useless.  The devices did not contain the necessary equipment to be functional (i.e. mouse, keyboard, monitor, servers, etc.). 

Mr. Culver led others to believe that the purchase of NComputing devices was made pursuant to the General Services Administration (GSA) Schedule.  CompTech understood this to be why PCTI asked them to participate in this transaction.  The BCSD employees also believed that this was a GSA purchase, which meant that the transaction did not have to go through normal bidding procedures.  In reality, this transaction was not made pursuant to the GSA.

After the December 2012 sale, Mr. Culver hid the fact that PCTI was the true purchaser of the NComputing devices and he did so by continuing to use CompTech to disguise his role.  Mr. Culver did so, in part, because he and PCTI were able to net almost $2 million on the NComputing transaction alone.  Based on other statements and actions taken by Mr. Culver, there was evidence that they planned to buy these other goods, again using CompTech as a pass through, to continue to profit secretly.

“Protecting taxpayer money from fraudsters is a top priority of the Office of the United States Attorney, particularly when the fraud involves depriving the students of the Bibb County school system of necessary resources,” said United States Attorney Charles E. Peeler.  “I would like to thank the Federal Bureau of Investigation, IRS Criminal Investigation, the Georgia Office of the Attorney General, and our trial team for their hard work in this matter.” 

“Driven by greed, Isaac Culver not only stole from the taxpayers of Bibb County, but also deprived students in the school system of much needed tools to further their education,” said Murang Pak, Acting Special Agent in Charge (A/SAC) of FBI Atlanta.  “The FBI and its law enforcement partners are determined to hold Mr. Culver and anyone else accountable for such reckless disregard for our citizens.”

“Isaac Culver tried to be clever in hiding his scheme from ever being uncovered by government officials.  The government uncovered the scheme, presented its case and the jury agreed that Mr. Culver was responsible for not only wire and mail fraud, but laundering the proceeds of the crime,” said Thomas J. Holloman, Special Agent in Charge, IRS Criminal Investigation.  “At the end of the day, the students of Bibb County District are the victims of Mr. Culver’s fraud, and they are the ones who lost out on valuable technology.”

Each of the charges against Mr. Culver and Progressive Consulting Technologies, Inc. carry a maximum possible sentence of 20 years imprisonment.  The fine on the conspiracy to launder the proceeds of unlawful activity carries a maximum fine of $500,000.00 or twice the value of the property involved in the transaction, whichever is greater.  The other charges carry a maximum possible fine of $250,000.00 each.

This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service/Criminal Investigation.  Assistant U.S. Attorneys Beth Howard and Danial Bennett are prosecuting the case for the Government with participation and cooperation of Special Assistant U.S. Attorney David McLaughlin from the Georgia Office of the Attorney General.


Hammond Man Sentenced to 78 Months in Prison

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HAMMOND – Peter Salinas a/k/a “Pudge,” 37 years old, of Hammond, Indiana, was sentenced by U.S. District Court Judge Philip P. Simon after pleading guilty to conspiracy to participate in racketeering activity, announced U.S. Attorney Kirsch.

According to documents in the case, Salinas, a member and regional enforcer for the Latin Kings Street Gang, was held responsible for between 2 and 3.5 kilograms of cocaine, and for possessing a firearm during the course of the conspiracy.  As a Latin King, the defendant participated in assaults, collection of dues, and directed beatings.

This case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the East Chicago Police Department, the Federal Bureau of Investigation, the Gary Police Department, the Hammond Police Department, the Lake County, Indiana, Sheriff’s Department and Lake County High Intensity Drug Trafficking Area officers and agents.  The Lake County Prosecutor’s Office also has provided assistance.  The Latin King case was handled by Assistant U.S. Attorneys David J. Nozick and Dean Lanter and Department of Justice Trial Attorney Joseph Cooley. 

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Mexican national sentenced to 24 years in prison for leading conspiracy that brought 20 pounds of methamphetamine into Northeast Ohio

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A Mexican national was sentenced to 24 years in prison for leading a conspiracy that brought 20 pounds of methamphetamine into Northeast Ohio.

Jesus Caro Lopez, 40, previously pleaded guilty to conspiracy to possess with intent to distribute methamphetamine and cocaine, distribution of methamphetamine and conspiracy to launder money.

He will be deported upon completion of his prison sentence. Caro Lopez has previously been deported at least seven times. He is one of nine people that have been sentenced to prison for their roles in the conspiracy.

Rogelio Cervantes owned Si Senor restaurant in Westlake and Fiesta Los Jalapenos in North Ridgeville. Cervantes agreed to introduce a person cooperating with law enforcement (identified as Source 1) to Caro Lopez, who Cervantes identified as his Mexican-based drug supplier. Cervantes and Source 1 discussed the potential and logistics of Caro Lopez transporting kilograms of cocaine to the Cleveland area for distribution, according to court documents.

Cervantes told Source 1 that Caro Lopez intended to sneak into the United States to set up a drug distribution hub in Cleveland. Cervantes said he and Caro Lopez then planned to launder their drug profits by buying properties, shopping centers and restaurants, according to court documents.

Caro Lopez talked to an undercover agent in November 2016 and stated he was sending one kilogram of cocaine and five pounds of methamphetamine to Cleveland. The undercover spoke with Caro Lopez in December 2016 and then with Jose DeJesus Rocha Garcia about meeting at on Brook Park Road in North Olmsted to pick up a delivery of methamphetamine. They met and the undercover gave Roche Garcia $14,000 for more than 10 pounds of methamphetamine, according to court documents.

In May 2017, the undercover agent continued discussions with Caro Lopez about purchasing drugs. Caro Lopez arranged for Melchor Lopez Lopez to meet at the North Olmsted WalMart, where undercover agents gave Lopez Lopez $20,000 in exchange for 10 pounds of methamphetamine, according to court documents.

“This group brought large amounts of methamphetamine and cocaine into the United States from Mexico, and wanted to establish a drug distribution hub here in Cleveland,” U.S. Attorney Justin Herdman said.

FBI Special Agent in Charge Stephen D. Anthony said: “Being able to stop Mr. Caro Lopez from importing significant quantities of cocaine and methamphetamine into Northeast Ohio has made our community a safer place. The collective efforts of the FBI and our federal and local law enforcement partners led to the dismantlement of this sophisticated drug trafficking organization.”

“Today’s announcement is a culmination of a multi-year effort in which IRS-CI worked with its law enforcement partners to disrupt the flow of money -- the lifeblood that allows these multi-million dollar drug organizations to proliferate and have such a negative impact on our community,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.

Others sentenced to prison in the case already include Rocha Garcia (140 months), Leopolda Rocha (121 months) and Jose Lopez (72 months). Cervantes has pleaded guilty and is awaiting sentencing.

This case was prosecuted by Assistant U.S. Attorney Margaret Sweeney following an investigation by the Northern Ohio Law Enforcement Task Force.

Erie Man Pleads Guilty to Preparing More than 1000 False Income Tax Returns

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ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of violating federal income tax laws, United States Attorney Scott W. Brady announced today.

Roderick M. Jones, 54, pleaded guilty to three counts before United States District Judge David S. Cercone.

In connection with the guilty plea, the court was advised that Jones prepared and presented approximately 1,015 false and fraudulent individual income tax returns to the Internal Revenue Service. On each return, Jones falsely claimed the individual earned household help income which qualified them for the Earned Income Tax Credit and other credits increasing the refund paid to the individuals. Jones was paid $1,000 for his services and electronically filed the false returns with the IRS.

Judge Cercone scheduled sentencing for November 19, 2018 at 3:00 p.m. The law provides for a total sentence of 9 years in prison, a fine of $750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Pending sentencing, the court continued Jones on bond.

Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.

The Internal Revenue Service, Criminal Investigation Division conducted the investigation that led to the prosecution of Jones.

Additional Charges Filed Against Scranton Man In Sex And Drug Trafficking Case

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Scranton returned a third superseding indictment today charging Mark Cook, age 39, with additional counts of sex trafficking by force, fraud and coercion, and two counts of interstate prostitution.

According to United States Attorney David J. Freed, the third superseding indictment alleges Cook, who used the street name of “Lucky,” used force or coercion in connection with additional victims of sex trafficking during 2015 and October 2016. It also alleges that Cook transported another person from Pennsylvania to Connecticut for purposes of prostitution between February 25 and March 2, 2016, and on March 7, 2016 persuaded another person to travel from Pennsylvania to New York to engage in prostitution.

The third superseding indictment also contains the original charges of conspiracy to commit sex trafficking by force and coercion, previous counts of sex trafficking by force, fraud and coercion, a count of attempted sex trafficking by force, fraud, and coercion, conspiracy to distribute and possess with intent to distribute heroin, “molly,” and cocaine, distribution and possession with intent to distribute heroin and cocaine, attempted witness tampering, and wire fraud.

According to the third superseding indictment, Cook used a website to post advertisements for prostitution, rented hotel rooms in Scranton, Wilkes-Barre, and elsewhere for prostitution purposes, and used intimidation, threats, physical assaults, and illegal drugs to further the prostitution business.

The charges against Cook resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and Scranton Police.  Assistant U.S. Attorneys Francis P. Sempa and Jenny P. Roberts are prosecuting the 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.

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The sex trafficking offenses each carry a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of life in prison. The charge of persuading another person to travel in interstate commerce for purposes of prostitution carries a maximum sentence of 20 years in prison. The interstate prostitution charge carries a maximum sentence of 10 years in prison. The drug charges and attempted witness tampering charge each carry a potential maximum sentence of 20 years in prison. The wire fraud charge carries a potential maximum sentence of 30 years in prison, and the attempted witness tampering count carries a potential maximum sentence of 20 years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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Atlanta businessmen sentenced to 10 years in prison for securities fraud schemes

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ATLANTA - Marc E. Bercoon and William A. Goldstein have been sentenced to federal prison on charges that they manipulated the market for shares of MedCareers Group, Inc., a publicly traded company, and that they carried out a second investment fraud scheme using a new business corporation that they organized as the bait for investors.

“These defendants manipulated the stock of a publicly traded company by orchestrating two schemes, netting over $2.5 million from investors,” said U.S. Attorney Byung J. “BJay” Pak.  “At the same time they were rigging the stock market, the defendants fleeced dozens of investors in a separate fraud scheme. Today’s sentencing marks a fitting end to the defendants’ long history of cheating investors out of their hard-earned money.”

“It’s easy to dismiss financial fraud cases like this as harmless, but there is a real victimization and lives are changed because of it,” said Murang Pak, Acting Special Agent in Charge (A/SAC) of FBI Atlanta. “Hopefully the sentencing of these two criminals will give the many people who were defrauded some solace.”

According to U.S. Attorney Pak, the charges and other information presented in court:  From July 2009 through September 2011, Bercoon and Goldstein conspired with others to manipulate the market for shares of MedCareers Group, Inc., a publicly traded company quoted on the over-the-counter bulletin board under the ticker symbol “MCGI.”

The conspiracy culminated in two “pump and dump” schemes carried out in March and May 2010.  To carry out these schemes, Bercoon and Goldstein arranged for MedCareers Group, Inc. to issue a series of misleading press releases and SEC filings, at the same time as co-conspirators sent out mass emails touting the stock.  While the price of MCGI and the demand for the stock were both artificially high because of these efforts, the defendants orchestrated a sell-off of their stock, coordinating activity in multiple “nominee” accounts, which were titled in the names of other people and entities to hide the defendants’ involvement.

From May 2009 through June 2010, Bercoon and Goldstein also carried out a second investment fraud concerning a privately held company.  Specifically, Bercoon and Goldstein organized a private corporation, Find.com Acquisition, Inc., and then solicited investments from dozens of individuals.  Bercoon and Goldstein told investors, and induced brokers working for them to tell investors, that their funds would be used to develop an internet search engine named Find.com.  Bercoon and Goldstein used the bulk of the over $1.5 million raised from investors for unrelated purposes, such as subsidizing their other business ventures and making payments to themselves and their family members.  In fact, over $550,000 of the $1.5 million invested in Find.com Acquisition, Inc. was simply withdrawn from the bank in cash shortly after being invested.

As part of the scheme, investors were provided with written offering materials.  In addition to stating that the investments would be used to develop the Find.com internet search engine business, the written materials stated that investors were being offered the opportunity to buy stock at a price of $1.00 per share, and that no more than 12.5% of investments would go toward commissions.  Despite these representations, Bercoon and Goldstein sold stock to some investors at heavily discounted prices, without informing other investors, and paid commissions of 30% to 40% to brokers on some investments.

These charges flow from a securities fraud investigation conducted by the FBI, in which court-authorized wiretaps were used to intercept telephone conversations.

Marc E. Bercoon, 58, of Dunwoody, Georgia and William A. Goldstein, 54, of Alpharetta, Georgia were each sentenced to 10 years in prison, three years of supervised release following their prison terms, and payment of restitution in the amount of $1,496,733.  The Court also entered a forfeiture order as to each defendant in the amount of $1,953,974.  On February 21, 2018, Bercoon and Goldstein were convicted by a jury on 12 counts of conspiracy, mail fraud, wire fraud, and securities fraud.

In 2010, the U.S. Securities and Exchange Commission sued Bercoon and Goldstein in connection with a separate investment fraud scheme concerning LADP Acquisition, Inc.  A judgment of over $3 million was entered against both men in that case.  The Court applied a sentencing enhancement for violation of a prior judicial order, finding that the defendants violated a preliminary injunction in the LADP case.

This case was investigated by the Federal Bureau of Investigation.  The Atlanta Regional office of the SEC, the Los Angeles Regional Office of the SEC, the Internal Revenue Service Criminal Investigation, and the Criminal Prosecution Assistance Group of FINRA provided valuable contributions in the case.

Assistant U.S. Attorney Stephen H. McClain, Chief of the Complex Frauds Section, and Assistant U.S. Attorneys Alana R. Black and Kamal Ghali prosecuted the case.

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.

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