United States Attorney Brandon J. Fremin announced today that U.S. District Judge John W. deGravelles sentenced DARWIN A. ELPHAGE a/k/a “Zero,” age 40, of Gonzales, Louisiana, to 120 months in federal prison following his conviction for conspiracy to distribute and possess with the intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2; distribution of heroin, in violation of 21 U.S.C. § 841(a)(1); possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1); and unlawful use of communication facilities, in violation of 21 U.S.C. § 843(b).

ELPHAGE was charged in an extensive federal, state, and local investigation aimed at dismantling a large scale heroin trafficking network based in Ascension Parish, Louisiana, and Houston, Texas.  The indictment charges significant drug trafficking, racketeering, firearm, and conspiracy charges.  To date, investigative efforts have resulted in the seizure of over one and a half kilograms of heroin, substantial amounts of methamphetamine, crack cocaine, and oxycodone. Authorities have also seized seven firearms, over $314,000 in drug proceeds, and three vehicles allegedly used in the drug trafficking venture: a 2013 Porsche 911, a Mercedes CLS550, and a GMC Hummer.

From September 22, 2015 to April of 2016, ELPHAGE conspired with eleven additional members of the drug trafficking organization to distribute in excess of one kilogram of heroin, in the Middle District of Louisiana, as set forth in the Indictment.

As part of the conspiracy, Jason Muse purchased kilogram quantities of heroin from Morito Tobar, Aron Winter Mosquera-Castro, Santos Mosquera-Candelo, and Fabio Zuniga-Caicedo.  ELPHAGE, working under the direction of Jason Muse, distributed the heroin to Jason Muse’s customers and his own customers for further distribution in Baton Rouge, Ascension Parish, and elsewhere.                                       

U.S. Attorney Fremin stated, “There is no room for this kind behavior in our communities…none. Fortunately, when it comes to kilo-level drug dealers like this defendant, there is room in the federal penitentiary. This is yet another reminder that bad behavior by dangerous felons results in significant sentences in federal court. Removing deadly drugs like heroin, oxycodone, crack, and meth from the streets of Ascension Parish makes our communities safer. I am extremely proud of the efforts of the many law enforcement partners on the local, state and federal levels who joined forces in an effort to dismantle this operation.”

“The sentencing today of DARWIN A. ELPHAGE a/k/a “Zero, sends a clear message to all who engage in the distribution of illegal drugs and to those who plague our neighborhoods with violence that we will work together to see that you are brought to justice.  Federal and local law enforcement successfully collaborated in order to put ELPHAGE in federal prison for 120 months as a result of his involvement with a violent drug trafficking organization in the Baton Rouge Metropolitan Area,”said Drug Enforcement Administration (DEA) Assistant Special Agent-in-Charge Brad L. Byerley.

This operation is being handled by the U.S. Attorney’s Office, the U.S. Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Baton Rouge City Police Department, the Ascension Parish Sheriff’s Office, the Iberville Parish Sheriff’s Office, the West Baton Rouge Parish Sheriff’s Office, the East Baton Rouge Parish Sheriff’s Office, the Louisiana State Police, and the Gonzales Police Department.  This matter is being prosecuted by Assistant United States Attorney Jennifer Kleinpeter, who also serves as a deputy criminal chief.

The investigation is another effort by the Organized Crime Drug Enforcement Task Force (OCDETF) Program that was established in 1982 to mount a comprehensive attack against organized drug traffickers.  Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises.  The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations. 

Defendants are the latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation

BLUEFIELD, W.Va. –  Three more defendants were sentenced today to federal prison for their roles in a drug trafficking organization, announced United States Attorney Mike Stuart.  James Rodney Staples, 39, of Woodbridge, Virginia, was sentenced to 151 months, or 12 years and 7 months, in federal prison.  Karl Funderburk, 32, of Teays Valley, and George Brockman II, 38, of Montgomery, were sentenced to federal prison for 60 months and 108 months, respectively.    

Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.

“I cannot say enough about the outstanding work of our law enforcement partners,” said United States Attorney Mike Stuart.  “This was a complex, long-term investigation of a significant drug trafficking organization that was wreaking havoc in southern West Virginia.  As a result of the tireless efforts of our law enforcement officers, this drug business has been shut down.”  

James Rodney Staples previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 5 kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.  At the plea hearing Staples admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of cocaine, cocaine base, also known as “crack,” and heroin.  Staples admitted that Velarian Carter, another co-defendant in this case, requested his help in operating the drug trafficking organization while Carter was incarcerated on other drug charges.  Staples admitted he paid other members to assist him in distributing the controlled substances and to collect money acquired through the illegal drug trafficking.  As part of the agreement, Staples agreed to the forfeiture of $50,000, which represented proceeds of his illegal drug trafficking activity. 

Funderburk previously entered a guilty plea to using and carrying a firearm during a drug trafficking crime.  At his plea hearing Funderburk admitted that between August 2016 and March 1, 2017, he assisted Velarian Carter, Detria Carter, and others, in operating a drug trafficking organization. Funderburk also admitted that on March 1, 2017, he was arrested in Charleston, and during a subsequent search, police discovered that he possessed cocaine, crack, and methamphetamine. Funderburk also possessed a Glock 27, .40 caliber, semi-automatic pistol, that he admitted was used for protection of his drugs and drug proceeds.

George E. Brockman, II previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone.  At the plea hearing, Brockman had admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of heroin, cocaine, and oxycodone.  Brockman further admitted that he obtained over 100 grams of heroin from another co-defendant in this case, and intended to distribute the heroin in the southern district of West Virginia.  Brockman also admitted that due to quality issues, he requested another co-defendant, James Rodney Staples, to exchange the heroin for cocaine, which he also planned to distribute in the southern district of West Virginia.  Brockman was working with other members of the drug trafficking organization to obtain a kilogram of heroin and approximately 2000 oxycodone tablets to distribute around Fayette County.  On June 28, 2017, pursuant to searches performed by law enforcement, police officers recovered 84.49 grams of heroin from a truck that Brockman possessed and over $124,000 that Brockman admitted were drug proceeds.  $115,000 of that money was found in the trunk of a 2008 Ford Mustang GT500.  Brockman has agreed to forfeit the cash as well as the Ford Mustang.  As part of the plea defendant further agreed to the forfeiture of a 2016 Chevrolet Corvette. 

Assistant United States Attorney Timothy D. Boggess handled the prosecutions.  Senior United States District Judge David A. Faber imposed the sentences.

Shaun Givens is the sole defendant that is still awaiting sentencing.  Givens faces at least five years and up to 40 years in federal prison when he is sentenced on August 27, 2018. 

Several defendants in this case have already been sentenced.  Velarian Carter of Beckley was recently sentenced to 240 months, or 20 years in federal prison for his participation in this drug trafficking organization.  His sentence was ordered to run consecutively to a 20 year sentence Mr. Carter is already serving on unrelated drug charges.  Detria Carter of Beckley, the sister of Velarian Carter, was recently sentenced to 151 months, or 12 years and seven months in federal prison.  Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, were sentenced to 12 years, and 16 years and 8 months in prison, respectively.  Rory White of Montgomery was sentenced to 125 months in federal prison.  Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison.  Dominic Copney, of Beckley, has been sentenced to 2 years in federal prison. Donald Scalise, of Montgomery, was sentenced to 3 years in federal prison for conspiring to distribute oxycodone. 

On July 10 and July 11, 2018, Judge David A. Faber sentenced Esau Burnett, of Beckley, to 66 months in federal prison, Shawn Akiem Anderson, of Mount Hope, to 108 months in federal prison, and Shaun Jones, also of Beckley, to 120 months in federal prison.  He also sentenced to Jonathan V. Moore, and Charles Hill, both of Beckley to 97 months and 60 months, respectively.  Corey Larkin, of Beckley, was previously sentenced to 188 months in federal prison after he was determined to be a career offender.

David Shaun Coleman of Boomer was previously sentenced to 60 months in federal prison, while Rashaun Carter of Beckley and Derrick Staples of Charleston were each sentenced to 121 months in federal prison.  Jonathan O. Brockman, the brother of George E. Brockman, II, of Kimberly, Fayette County, was sentenced to nine years in federal prison.  Coleman, Carter, Staples and Brockman were also sentenced by Senior Judge David A. Faber. 

Follow us on Twitter: @SDWVNewsand @USAttyStuart 

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HUNTINGTON, W.Va. – A Kansas man who was caught with crystal methamphetamine and a firearm in Hurricane in November of 2017 was sentenced today to 132 months, or 11 years, in federal prison, announced United States Attorney Mike Stuart.  Bunthia Can Thach, 39, previously pled guilty to possession with intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime.  U.S. Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hurricane Police Department.

“Patrolling our highways is inherently dangerous, because law enforcement officers never know what they are going to face when they approach a car,”  said United States Attorney Mike Stuart.  “I’m so grateful for the brave men and women that do this work.  They take dangerous drug dealers like Thach off our streets.”

Around midnight on November 10, 2017, an officer with the Hurricane Police Department observed a vehicle parked just off the Interstate 64 exit ramp at Hurricane.  The officer noted the vehicle had Kansas registration plates, was not running, and approached the vehicle to see if it contained a stranded motorist.  The officer located Thach and another individual in vehicle.  The officer also observed that Thach was wearing a gun holster and saw a loose bullet in the floorboard of the vehicle.  Thach subsequently told the officer he hid a handgun under the passenger seat when the officer was approaching the vehicle.  Officers then recovered a loaded Glock .45 caliber handgun with a 30-round extended magazine from under the seat.  Officers also located approximately 54 grams of methamphetamine from a bag in the rear of vehicle. 

Thach admitted that he traveled from Kansas to purchase a large quantity of marijuana which he was going to transport to North Carolina.  Thach further admitted that he intended to sell the methamphetamine and that he brought the handgun from Kansas for protection during the trip.  Officers also discovered that Thach had previously been convicted of multiple felony offenses and was prohibited from possessing a firearm.

Assistant United States Attorney Joseph F. Adams handled the prosecution.  The sentence was imposed by United States District Judge Robert C. Chambers.

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

Follow us on Twitter: @SDWVNewsand @USAttyStuart 

 
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          LOS ANGELES– A former Los Angeles County deputy sheriff pleaded guilty today to conspiring to distribute methamphetamine, cocaine and marijuana as part of an interstate drug trafficking scheme in which the deputy agreed to use his position as a law enforcement officer to ensure the successful transport of narcotics.

          Deputy Sheriff Kenneth Collins, 50, of Chino, who separated from the LASD in late February, admitted that he conspired with at least two other individuals to accept cash payments in exchange for distributing large quantities of controlled substances and actively thwarting the enforcement of state and local law – in exchange for cash payments as high as $250,000.

          According to a plea agreement filed in federal court, during an FBI undercover operation, Collins agreed that he and his team would provide an armed escort for the narcotics and take calculated steps to prevent legitimate law enforcement from intercepting the shipments.

          Collins pleaded guilty before United States District Judge Otis D. Wright, II, who scheduled a sentencing hearing for November 19, 2018. As a result of today’s guilty plea, Collins faces a mandatory minimum sentence of 10 years in federal prison, and he could be sentenced to as much as life without parole.

          “Law enforcement officers are sworn to uphold the law, which is why we hold them to a higher standard of conduct,” said United States Attorney Nick Hanna. “Deputy Collins didn’t just break the law, he trampled his oath by agreeing to sell his badge to assist drug traffickers.”

          "Former Deputy Collins broke the law he swore to uphold by misusing his badge as a guarantee that crimes would go undetected, while enriching himself in the process," said Paul Delacourt, the Assistant Director in Charge of the FBI's Los Angeles Field Office. "The cooperation with the Los Angeles County Sheriff's Department during this investigation was instrumental to the resolution of this case."

          In January, special agents with the FBI arrested Collins and two co-defendants – David Easter, 52, of the Hyde Park District of Los Angeles, and Grant Valencia, 34, of Pomona – after they arrived in Pasadena to provide security for the transport of nearly 45 pounds of cocaine and more than 13 pounds of methamphetamine to Las Vegas, Nevada. Unbeknownst to Collins and his co-defendants, the narcotics transport was part of an FBI sting operation. Collins had previously negotiated a cash payment of $250,000 for this transport with an undercover FBI agent posing as the partner of a wealthy investor financing a drug trafficking operation.

          Collins had met Valencia through a life-skills class called the Emerging Leaders Academy where Collins was an instructor, according to court documents. The purpose of the academy was for LASD deputies to teach and mentor adult ex-offenders, like Valencia, in order to help those ex-offenders successfully reintegrate into society.

          Collins admitted in court that he and his two co-defendants previously provided security in November 2017 for a shipment of what Collins believed to be six kilograms of methamphetamine, as well as marijuana and counterfeit cigarettes, from Pasadena to Las Vegas. In exchange for his team’s security services that day, Collins received $25,000 in cash.

          In justifying the high fees for his services, Collins told the undercover agent “we’re cops” and “all of our transports make it through.” During a recorded meeting with the undercover agent, Collins displayed his Los Angeles County Sheriff’s Department badge and firearm to prove that he was, in fact, a law enforcement officer, thereby rendering his services more valuable to a drug trafficking organization.

          In October 2017, Collins sold two pounds of marijuana to the undercover agent for $6,000 as a “test run” to entice the undercover agent to purchase larger quantities of marijuana in the future. Collins also offered to facilitate the sale of up to $4 million of marijuana to the undercover agent every month, according to court documents. Collins claimed to have a “connection” through which he could secure up to 2,000 pounds of marijuana every month.

          In his plea agreement, Collins further admitted that, while on duty in May 2014, he conducted an unlawful traffic stop of a vehicle and illegally seized approximately $160,000 in cash from the vehicle. Prior to the traffic stop, Collins was aware that there would be a large sum of cash in the vehicle. Collins conducted the bogus traffic stop to illegally seize the cash, which was never reported to the LASD.

          Easter and Valencia are scheduled to be tried in this case before Judge Wright on October 23.

          The case against Collins and his co-defendants is the result of an investigation by the Federal Bureau of Investigation. The Los Angeles County Sheriff’s Department cooperated in the federal investigation.

          This case is being prosecuted by Assistant United States Attorney Lindsey Greer Dotson of the Public Corruption and Civil Rights Section.

          LOS ANGELES– A man who was already serving a 25-year sentence for providing material support to a foreign terrorist organization was sentenced today to serve an additional 20-year prison term for trying to kill the warden of the federal prison where he was housed.

          Fazliddin Kurbanov, 36, was sentenced today by United States District Judge Virginia A. Phillips.

          Kurbanov pleaded guilty on March 13 to one count of attempted murder of a federal officer. As part of his plea, Kurbanov admitted making and using a prison-made knife to attack the warden at the Federal Correctional Institute-II in Victorville on May 31, 2016, and attempting to slit his throat. The warden suffered serious injuries in the attack but has since recovered and now serves at another United States Bureau of Prisons facility.

          At today’s hearing, Kurbanov, speaking through an interpreter, told the court he was not sorry for his actions and that the victim was supposed to die. Kurbanov also expressed extreme animosity toward the United States.

          In handing down the maximum possible sentence for the attempted murder offense, Judge Phillips noted the impact to the victim and his family, and she concluded Kurbanov remains an extreme danger. Judge Phillips ordered that today’s 20-year sentence run consecutively to the 25-year sentence imposed in the previous case and that he be on lifetime supervised release once he completes the prison terms.

          The investigation into the attack on the warden was conducted by the Federal Bureau of Investigation.

          This case is being prosecuted by the National Security Division of the United States Attorney’s Office.

United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.

Thaddeus James Grant, age 26, was indicted on July 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 10, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about March 4, 2018, Grant assaulted a female victim and said assault resulted in serious bodily injury.

The charge is merely an accusation and Grant is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Grant was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on August 10, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Waylen Block, age 45, was sentenced to 20 years in federal prison, followed by 10 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in an amount to be determined within 90 days.

Block was charged on April 18, 2017.  The charge related to Block receiving thousands of images containing child pornography via the Internet between April 2016 and September 2016 at Rapid City.  Block also produced several images of child pornography and distributed them via the Internet.

The case was investigated by the Internet Crimes Against Children Taskforce.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

SPRINGFIELD, Ill. – U.S. District Judge Sue E. Myerscough today ordered Calvin S. Williams, 35, of Springfield, Ill., to serve 20 years in prison followed by a term of 10 years supervised release. Williams, also known as “Cadillac Hustle,” “Cadillac,” “Caddy,” was also ordered to register as a sex offender.

Williams has remained in the custody of the U.S. Marshals Service since his arrest in June 2016.

On Mar. 16, 2018, Williams entered a plea of guilty to sexual exploitation of children. Williams was charged by complaint in June 2016, and indicted on charges of sex trafficking minors, production of child pornography, and distribution and possession of child pornography in 2015 in Springfield.  

The charges are the result of investigation by the FBI and Springfield Police Department. Assistant U.S. Attorneys Matthew Z. Weir and Gregory M. Gilmore represented the government in the case prosecution.

Greenbelt, Maryland – U.S. District Judge Peter J. Messitte sentenced Raul Ernesto Landaverde-Giron, a/k/a “Humilde,” a/k/a “Decente,” age 28, of Silver Spring, Maryland, today to two consecutive sentences of life in prison for conspiracy to participate in a racketeering enterprise in connection with his gang activity as a member of La Mara Salvatrucha, or MS-13, and other violent crimes, namely murder in aid of racketeering; conspiracy to commit murder in aid of racketeering; using, carrying, and discharging a firearm during a crime of violence; and murder resulting from the use, carrying, and discharging of a firearm during a crime of violence.  A federal jury convicted Landaverde-Giron of those charges on March 14, 2018, after a three-week trial.

The sentencing was announced by United States Attorney for the District of Maryland Robert K. Hur; Attorney General Jeff Sessions; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Chief Henry P. Stawinski III of the Prince George’s County, Maryland, Police Department; Prince George’s County State’s Attorney Angela D. Alsobrooks; Captain Amal Awad, Interim Chief of the Hyattsville City Police Department; Chief Edward Hargis of the Frederick Police Department; Frederick County State’s Attorney J. Charles Smith; Chief J. Thomas Manger of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.

MS-13 is a national and transnational gang composed primarily of immigrants or descendants from El Salvador.  Evidence presented at trial showed that branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Frederick County, Montgomery County, and Prince George’s County, Maryland.  Landaverde-Giron was a member of the MS-13 Normandie Locos Salvatrucha Clique. 

According to evidence presented at the trial, from at least 2012 through at least 2016, MS-13 members planned and committed numerous crimes, including murders and attempted murders in Prince George’s County and Frederick County.  Gang members also extorted owners of illegal businesses, among other crimes.  Witnesses testified that MS-13 members are required to commit acts of violence to maintain membership and discipline within the gang.  One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.  Serious violations of MS-13 rules, such as cooperating with law enforcement, could result in the issuance of a “greenlight,” or order to be killed.  Participation in violent acts directed at rival gangs, or as directed by gang leadership, increased the respect accorded to that member.

Trial evidence showed that on November 30, 2013, Landaverde-Giron, along with two other Normandie Clique members, murdered an individual in Frederick, Maryland, who had fled El Salvador to escape a greenlight imposed by MS-13 members in El Salvador.  After a co-conspirator recognized the victim in Frederick, Normandie Clique members called an MS-13 leader in prison in El Salvador to confirm that the greenlight was still in effect.  A co-conspirator then lured the victim to a wooded area in Frederick, where he shot the victim in the head and Landaverde-Giron and another co-conspirator stabbed the victim in the face and neck.  Landaverde-Giron was promoted within the Normandie Clique for his participation in this murder.

Landaverde-Giron pleaded guilty today to illegally reentering the U.S. after having been deported, and was sentenced to six months in prison.  Landaverde-Giron has been detained since his arrest.

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

United States Attorney Robert K. Hur commended HSI Baltimore, Frederick Police Department, Prince George’s County Police Department, Hyattsville City Police Department, and Montgomery County Police Department, and the Prince George’s County State’s Attorney’s Office, for their work in the investigation and prosecution.  Mr. Hur thanked Assistant United States Attorneys Lindsay Eyler Kaplan and William D. Moomau, and Trial Attorney Francesca Liquori with the Justice Department’s Organized Crime and Gang Section, who prosecuted the case.

ALBANY, NEW YORK – Joseph A. Defilippi, age 55, of Chicopee, Massachusetts, was arrested Friday and charged with traveling across state lines with the intent to engage in a sexual act with a minor.

The announcement was made by United States Attorney Grant C. Jaquith and James Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

The criminal complaint alleges that between February 28, 2018 and August 10, 2018, Defilippi exchanged e-mails with an undercover investigator who was posing as a 13-year-old boy named “Dylan.”  Many of the electronic communications sent by Defilippi to “Dylan” involved Defilippi expressing his desire to engage in sexual acts with “Dylan.” 

In early August 2018, Defilippi and “Dylan” discussed plans in which Defilippi would travel from Massachusetts in order to meet “Dylan” at a park in Menands, New York.  On the morning of August 10, 2018, Defilippi drove from Chicopee to the park in Menands.  Shortly after Defilippi’s arrival at the park, he was encountered by law enforcement and admitted that he had travelled from Massachusetts to New York intending to engage in sexual acts with “Dylan.”

Defilippi appeared today before United States Magistrate Judge Daniel J. Stewart and was ordered detained pending further proceedings.

The charge filed against Defilippi carries a maximum sentence of 30 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Rick Belliss.

          GRAND RAPIDS, MICHIGAN— United States Attorney Andrew Byerly Birge announced today that Kahwahnas Nucumbhi Potts, age 39, of Grand Rapids, Michigan, was sentenced in U.S. District Court to 9 years’ imprisonment for his aggravated identity theft and credit card fraud. The court also ordered Potts to pay restitution to the victims of his offense in the amount of $17,955.50. In sentencing Potts, U.S. District Judge Janet T. Neff remarked that Potts’ brazen conduct "was among the most serious stolen mail conduct she has seen in eleven years, but that his act of breaking into the home of one of his victims and then impersonating that victim while talking to his credit card company was outrageous." The judge also noted that Potts previously appeared before her on federal charges of identity theft and that she sentenced Potts to two years’ imprisonment for his prior offense.

          From at least March 2015, until April 2016, Potts stole mail belonging to West Michigan residents from their mailboxes. In December 2015, Potts stole a credit card after breaking into the home of a victim in Grand Rapids who was vacationing out of state. Potts used the means of identification of the victim and pretended to be the victim when calling the credit card company from the victim’s home phone to activate the card. Potts used that credit card without authorization to withdraw over $16,000.00 at automated teller machines (ATM) in December 2015 and January 2016. Potts disguised himself with a mask, a stolen license plate on his vehicle, and gloves, when making the ATM withdrawals. Potts again used the means of identification of the victim and pretended to be the victim on several occasions to persuade the credit card company to remove a block on the credit card when it suspected fraudulent activity.

          Using the means of identification of many other individuals obtained from the stolen mail, Potts applied for and obtained credit cards in their names. Potts completed credit card applications over the internet and used the names, dates of birth and social security account numbers of such individuals to make it appear to the credit card companies that he truly was those individuals. In an effort to avoid detection, Potts accessed the wireless internet service of an area business to apply for the credit cards using his cellular phone and directed the credit card companies to mail the credit cards to a fictitious address that he created on Division Avenue in Grand Rapids.

          "Today, Mr. Potts learned what it means when I say my office will not tolerate anyone stealing the identity of a resident of this district," commented U.S. Attorney Birge. "The significant sentence handed down by the court justifiably recognizes that identity theft is a serious crime with real consequences and that those consequences are even more significant for a repeat offender who commits this crime after breaking into the victim’s home."

          The Grand Rapids Office of the U.S. Postal Inspection Service, in conjunction with the Grand Rapids Police Department Metropolitan Fraud and Identity Theft Team, conducted the investigation of the case. Assistant U.S. Attorney Ronald M. Stella prosecuted the case.

END

DES MOINES, IA – On August 9, 2018, following a four-day trial, a jury found Roger Duane Goodwin, age 59, of Windsor Heights, guilty of seven counts of mail fraud announced United States Attorney Marc Krickbaum. The jury also determined Goodwin’s residence in Windsor Heights and two Harley Davidson motorcycles are subject to forfeiture

During trial, the government presented evidence Goodwin owned and operated “Goodwin Network of Advisors, Inc.” which was also referred to as “Goodwin Network”, “GN of A”, and “GNA Corp.” and sold life insurance and annuities to individuals in the Des Moines and Houston, Texas areas. From February 2013 through August 2016, Goodwin advised several of his clients to surrender or cash out existing investments—totaling over $1 million—in order to use those funds to purchase insurance products from him. Instead of purchasing insurance policies or annuity contracts for the clients as promised, Goodwin deposited the clients’ checks into a bank account associated with Goodwin Network of Advisors – which only Goodwin and his spouse could access.

“The evidence showed the defendant preyed on older and vulnerable victims, and he used their hard-earned savings to line his own pockets and fund his lavish lifestyle,” said United States Attorney Krickbaum. “Those like Goodwin who prey upon older individuals should know that we will hold them accountable.”

Goodwin kept all or large portions of the funds and used the money for unauthorized purposes that were not for the benefit of the affected clients. Goodwin used his clients’ money, unbeknownst to them, for his personal expenses including paying his mortgage, making vehicle payments, remodeling his residence, and other lavish personal expenditures. He also used client funds to repay other clients of Goodwin’s and to make payments to the insurance companies for the benefit of clients whose money Goodwin had failed to earlier send to the insurance company.

Mail fraud is punishable by a maximum prison term of twenty years and a maximum fine of $250,000 for each count. Sentencing is scheduled for December 19, 2018, at 11:00 a.m., before United States District Court Judge Rebecca Goodgame Ebinger.

This case was investigated by the Federal Bureau of Investigation and prosecuted by the United States Attorney’s Office for the Southern District of Iowa.

OKLAHOMA CITY – LUIS ENRIQUE DAMAZO, also known as Luis Enrique Cassinelli, 54, of Oklahoma City, has been sentenced to 33 months in prison for defrauding a Texas company of more than $450,000 through fictitious invoices, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.

According to charges filed on December 29, 2017, Damazo was employed as a repair technician by Dexter Field Services LP, a company headquartered in Austin, Texas.  Dexter Field Services provides leak detection, environmental monitoring, and consulting services to industrial clients in the energy sector.  Damazo’s job was to repair toxic vapor analyzers used to detect leaks at oil and gas refineries, which often required ordering replacement parts.

Rather than ordering parts from the original equipment manufacturer, Damazo ordered parts from BC Environmental, a company he secretly created and controlled.  From November 2009 through October 2015, Damazo submitted fictitious invoices from BC Environmental to Dexter Field Services for equipment, replacement parts, and tools that Dexter Field Services never received.  Damazo took steps to conceal his involvement with BC Environmental, including using a false identity to lease office space, opening bank accounts in his sons’ names, and creating fake identities for the purported employees of BC Environmental.  Dexter Field Services paid more than $450,000 to BC Environmental as a result of Damazo’s scheme, which he used for his personal benefit.

On February 2, 2018, Damazo pleaded guilty to a single count of mail fraud related to a fraudulent invoice he mailed to Dexter Field Services in March 2015.  Today, U.S. District Judge Stephen P. Friot sentenced him to 33 months in prison, to be followed by three years of supervised release.  Damazo must also pay $456,863.59 in restitution to Dexter Field Services.

This case is the result of an investigation by the FBI.  It was prosecuted by Assistant U.S. Attorneys Jessica L. Perry and William E. Farrior.

Reference is made to court filings for further information.

            WASHINGTON – Andre Dudley, 22, Marcus King, 22, and Christopher Proctor, 28, all of Washington, D.C., were sentenced today to prison terms on charges stemming from the August 2015 slaying of Matthew Shlonsky, an innocent bystander who was shot three years ago on a crowded street in Northwest Washington. Dudley was sentenced to an 18 ½-year prison term for the murder, King was sentenced to 17 ½ years, and Proctor was sentenced to 14 years.

            The announcement was made by U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            The three defendants pled guilty in June 2018 to one count of voluntary manslaughter while armed and two counts of assault with a dangerous weapon. Dudley also pled guilty to a charge of attempted assault with a dangerous weapon stemming from a jailhouse stabbing. The pleas took place in the Superior Court of the District of Columbia.

            Dudley’s plea, which was contingent upon the Court’s approval, called for him to be sentenced to an agreed-upon 18 ½-year prison term for the shooting and an additional 22 months for the jailhouse stabbing, for a total of 20 years and four months of incarceration. King’s plea called for an agreed-upon sentence of 15 to 20 years, and Proctor’s plea called for an agreed-upon term of 12 to 14 years. The Honorable Juliet McKenna accepted the pleas and sentenced the defendants accordingly. Following their prison terms, the defendants will each be placed on five years of supervised release.

            According to the government’s evidence, King and Proctor both associated with the Ninth Street neighborhood of Northwest Washington. On Saturday, Aug. 15, 2015, at approximately 4:45 p.m., King and Proctor were standing near a liquor store at the intersection of Seventh and S Streets NW, both armed with firearms. Dudley, meanwhile, drove to the area of Seventh and S in a red Chrysler 300 sedan. While stopped at the intersection of 8^th and S Streets, Dudley got into an argument with Ninth Street crew members. One pulled out a gun, and Dudley pulled out his gun as well. King and Proctor were both nearby, and Proctor yelled out to other crew members to find out the identity of the person in the red car.

            Dudley then turned from Eight Street onto S Street and headed east. He adjusted his position so that his head and arms were outside the sunroof. He then pointed his gun at individuals on the south side of S Street, near Seventh. King and Proctor both fired shots at Dudley as he crossed their path. King fired seven shots from a .40-caliber semiautomatic firearm and Proctor fired 10 shots from a different .40-caliber semiautomatic.  Dudley extended his arm out and fired several shots in the direction of King and Proctor.

            Mr. Shlonsky, 23, had just gotten out of an Uber with friends and was heading to a concert at the Howard Theatre. He was walking in the 1800 block of Seventh Street NW, near the entrance to the Shaw/Howard University Metro station, when one of the bullets from the shootout struck him in the chest. He was pronounced dead a short time later.

            While King and Proctor were firing their weapons, a couple was walking on the sidewalk of the 700 block of S Street NW. The man and woman were each pushing strollers that had two young children inside each of them. Hearing the gunshots, the couple sprinted away, however, their proximity to the gunfire put them in the zone of harm.

            While Dudley drove east on S Street NW, his vehicle came head-to-head with a vehicle turning left on S Street, NW, from Sixth Street NW.  Blocked, Dudley again lifted his head and arms out of the sunroof, pointed a gun at the driver, threatened to kill him, and yelled at him to move his car.  Scared, the driver moved his vehicle and Dudley then continued across S Street; as he sped into the 1900 block of Fourth Street NW, another man yelled at Dudley to slow down.  In response, Dudley slammed on the brakes, rolled down his window, pointed an imitation firearm at the man, which the man believed was an actual firearm, and fired shots in the general vicinity of the man. Dudley then left the area. Dudley pled guilty to two counts of assault with a dangerous weapon for these crimes.

            As part of the plea agreement, Dudley admitted to his role in the May 17, 2018 stabbing of a fellow inmate at the District of Columbia Jail.  The victim of that incident sustained non-life-threatening injuries.

            Dudley was arrested on a warrant in a burglary case on Sept. 11, 2015, and charged with the murder in December 2015. King was arrested on Aug. 21, 2015. Proctor was arrested on Feb. 23, 2016. All have been in custody since their arrests.

            In announcing the sentences, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the FBI, including the FBI’s Cellular Analysis Survey Team, and 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 Sharon Donovan, Kimberley Nielsen, Laura A. Bach, Jeffrey Nestler, Julianne Johnston, and Sharon Marcus-Kurn; former Assistant U.S. Attorney Shana Fulton; Paralegal Specialists Lornce Applewhite and Sharon Newman; Investigative Analyst Zachary McMenamin; Litigation Technology Specialist Leif Hickling; Criminal Investigator Durand Odom, and Victim/Witness Advocate Marcia Rinker.

            Finally, they commended the work of Assistant U.S. Attorney David Misler, who investigated and prosecuted the case.

The prosecution involved more than 200 grams of the powerful and dangerous opioid

ASHLAND, Ky.– Demetre Brown-Lovelace, 27, of Belleville, Mich., and Noelle Tufts, 24, of Ironton, Ohio, were sentenced to federal prison today, by United States District Judge David L. Bunning, for a conspiracy to distribute fentanyl.  Brown-Lovelace was sentenced to ten years and Tufts was sentenced to five years.

Brown-Lovelace and Tufts previously admitted that in April 2017, they conspired together and with others to distribute 209 grams of fentanyl.  Brown-Lovelace had a prior conviction for trafficking in a controlled substance, heroin, from the Boyd Circuit Court, in April 2016.  Brown-Lovelace and Tufts entered a plea to the conspiracy charge in May 2018.            

Under federal law, Brown-Lovelace and Tufts must serve 85 percent of their prison sentence; and, upon their release, they will be under the supervision of the United States Probation Office for eight years and four years, respectively.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Robert Allan Jones, Special Agent in Charge, FBI, Pittsburgh Field Office; and Richard Sanders, Commissioner of the Kentucky State Police; jointly made the announcement.

The investigation was conducted by the FBI, Huntington, WV Resident Agency and the Kentucky State Police.  The United States was represented by Assistant United States Attorney Cynthia T. Rieker.

BEAUMONT, Texas – A 42-year-old Honduran national illegally in the United States has been sentenced to federal prison for firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Santos Alfredo Paz-Ruiz pleaded guilty on May 10, 2018, to being an illegal alien in possession of a firearm and was sentenced to 33 months in federal prison today by U.S. District Judge Marcia Crone.           

          According to information presented in court, on Nov. 4, 2017, Paz-Ruiz was confronted by an off-duty law enforcement officer for driving erratically on a rural road in Hardin County, Texas.  During the confrontation, Paz-Ruiz brandished a hand gun and fired a shot.  Paz-Ruiz was then tackled by the off-duty officer’s son and a struggle ensued.  During the struggle, the firearm discharged striking the off-duty officer’s son in the ankle.  The injury was not life-threatening.  Further investigation revealed Paz-Ruiz was illegally in the United States and prohibited from owning or possessing a firearm.  Paz-Ruiz was indicted by a federal grand jury on Jan 10, 2018 and charged with firearms violations.

                This case was prosecuted as part of the Project Safe Neighborhoods Initiative.  Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.

This case was investigated by the Department of Homeland Security/Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Randall L. Fluke.

Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced Tynisha Martin Kadiri, age 40, of Baltimore, Maryland, on August 13, 2018, to four years in prison, followed by one year of supervised release, for assisting in the filing of false income tax returns and for failing to file corporate tax returns.  Judge Bredar also ordered Kadiri to pay restitution of $90,895.  A federal jury convicted Kadiri on April 16, 2018.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Acting Special Agent in Charge Kelly R. Jackson of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.

Evidence presented at the six-day trial showed that Kadiri, who owned three tax preparation businesses in west Baltimore, filed false and fraudulent tax returns for her client-taxpayers.  These false returns included business receipts that the taxpayers did not receive, business losses that the taxpayers did not incur, and false or fictitious businesses.  As a result of these false statements, Kadiri’s clients received larger refunds than those to which they were entitled.  In addition, evidence presented at trial proved that Kadiri did not file federal corporate income tax returns for her businesses for tax years 2014 and 2015.

United States Attorney Robert K. Hur commended the IRS-CI for its work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Matthew Maddox, who prosecuted the case.

Greenbelt, Maryland – On August 13, 2018, U.S. District Judge Deborah K. Chasanow sentenced Cory Nicholas Skinner, age 33, of Pikesville, Maryland, to seven years in prison, followed by four years of supervised release, for conspiracy to distribute and possess with intent to distribute 100 grams of more of heroin as well as quantities of cocaine and buprenorphine.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; and Postal Inspector in Charge Eric Shen of the United States Postal Inspection Service’s Washington Division.

According to his plea agreement, while investigating the death of a University of Arkansas police officer, a detective with the Conway (Arkansas) Police Department found an opened Priority Mail package shipped from Baltimore, Maryland, under the decedent’s head (the “Arkansas package”).

During the investigation of the Arkansas package, Postal Inspectors identified two other Priority Mail packages purchased in the same transaction and destined for addresses in North Carolina (the “North Carolina package”) and Arizona (the “Arizona package”), that were related to the Arkansas package.  The recipient of the North Carolina package told investigators that he used Bitcoin to purchase heroin from DoggFood, an online vendor on the dark web.  The North Carolina package contained approximately 2.8 grams of heroin, and the Arizona package contained approximately four buprenorphine units.  Fingerprints found on both packages belonged to Skinner.    

During their surveillance of Skinner between September 2017 and January 2018, Postal Inspectors intercepted over 20 packages containing a total of approximately 47.5 grams of heroin and 81 buprenorphine units that Skinner sent through the United States mail.  Additionally, Postal Inspectors discovered that Skinner did not act alone to distribute controlled substances through the mail.  Instead, Skinner used individuals that he knew were unusually vulnerable due to a physical or mental condition to drop off packages containing heroin and cocaine at Baltimore post offices in July 2017 and August 2017, respectively.

By January 2018, Skinner had sold approximately 290.5 grams of heroin, 97.5 grams of cocaine, and 216 units of buprenorphine as the dark web vendor DoggFood. 

When officers searched Skinner’s residence, they found the laptop he used to run the dark web vendor DoggFood, printed labels, approximately $6,600 in cash, plastic baggies, a digital scale, heat and bag sealers, a large amount of Priority Mail and Priority Mail Express shipping supplies, $23.75 in postal stamps, a loaded Smith & Wesson 9mm firearm, and 12 rounds of Luger 9mm ammunition. 

United States Attorney Robert K. Hur commended the United States Postal Inspection Service’s Washington Division, which led the investigation, and the Postal Inspectors in other field divisions that provided assistance—including the Charlotte, San Francisco, Seattle, and Phoenix Divisions, as well as the Fort Worth Division - Little Rock Domicile, and the National Headquarters Cyber Crimes Unit—for their work in the investigation.  Mr. Hur recognized the Conway (Arkansas) Police Department; the Brunswick County (North Carolina) Sheriff’s Office; the Baltimore County Police Department; the Maryland State Police; and the Drug Enforcement Administration’s Baltimore and Raleigh Field Offices for their contributions in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Samika N. Boyd, who prosecuted the case.

LEXINGTON, Ky. - A Lexington man, who previously admitted to attempting to entice minors to permit him to engage in illicit sexual conduct, has been sentenced to 150 months in federal prison.           

Yesterday, Senior U.S. District Judge Joseph M. Hood sentenced Timothy Mark Poynter, II, 33, for using the Internet, with his cellular telephone, to knowingly attempt to persuade, induce, entice, and coerce a minor, to engage in sexual activity.

According to the plea agreement, Poynter previously admitted to communicating with two different undercover law enforcement agents, who both responded to an ad Poynter posted on Craigslist.com.  One undercover officer portrayed himself as the father of a 14-year old step-daughter, and the other officer posed as the mother of an 11-year old daughter.  Poynter engaged in conversations during which he indicated his interest in engaging in sexual intercourse with both of the fictitious minors.  He traveled to a meeting place in Lexington, designated by the undercover officer posing as the father, on April 26, 2017.  Poynter admitted that he was the person who had been communicating with the officer, and that those communications contained sexually explicit conversations. 

Poynter pleaded guilty to the charge in May of 2018.           

Under federal law, Poynter must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for the remainder of his life.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Steven Igyarto, Resident Agent in Charge, Department of Homeland Security, Homeland Security Investigations; Rick Sanders, Commissioner of the Kentucky State Police, and Kentucky Attorney General Andy Beshear jointly announced the sentence.

The investigation was conducted by Homeland Security Investigations, the Electronic Crimes Branch of the Kentucky State Police, and the Cyber Crimes Branch of the Office of the Attorney General of Kentucky.  Assistant U.S. Attorney David A. Marye represented the federal government in the case.

PIERRE, S.D. -  Attorney General Marty Jackley, United States Attorney Ron Parsons, Pennington County States Attorney Mark Vargo, Rapid City Police Chief Karl Jegeris, and Pennington County Sheriff Kevin Thom announce that the Division of Criminal Investigation, the South Dakota Internet Crimes Against Children (ICAC) Task Force, and Homeland Security Investigations have conducted investigations into sex trafficking in Rapid City.

“Law enforcement has joined together in a cooperative operation that focuses on removing sexual predators from our streets. Our operations continue to protect children and send a message that South Dakota is off-limits to anyone seeking to harm our children,” said Jackley.

The investigation resulted in the following felony arrests for sex crimes:

Robert Bungert, 55, Sturgis, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Zam Mung, 29, Rapid City, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Jeremiah Stertz, 30, Yankton, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Paul Heib, 50, Rapid City, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Connor Harmon, 20, Sturgis, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

Adam Myosky, 38, Port Clinton, Ohio, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))

All these individuals are presumed innocent until such time as proven guilty.