MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Andrew Boyd, Jr., 33, Madison, Wisconsin, was sentenced yesterday by U.S. District Judge William M. Conley to 50 months in prison, followed by a five-year term of supervised release, for possessing a firearm as a convicted felon, and possessing heroin and crack cocaine with intent to distribute. Boyd pleaded guilty to these charges on June 28, 2018.

Boyd has three prior drug felony convictions from Chicago. After serving a six-year sentence with the Illinois Department of Corrections, he moved to Madison. Boyd delivered heroin to an informant on four occasions in February and March 2018.  He was arrested on March 30, 2018, and he admitted selling heroin and crack cocaine. He said his source was in Chicago. Boyd also told officers his drugs were at his house, along with a revolver, in a safe.  Officers obtained a search warrant and they located 16 grams of heroin, 7.2 grams of crack cocaine, and a .44 caliber revolver with an obliterated serial number, in a safe.

This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime.  The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms. 

The charge against Boyd was the result of an investigation conducted by the Dane County Narcotics Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Rita M. Rumbelow. 

The Office of the United States Attorney for the District of Vermont stated that Jeremy A. Churchill, 38, of Cabot, Vermont, was sentenced today by Chief United States District Court Judge Geoffrey W. Crawford to six years in federal prison for possessing stolen handguns.  Churchill pleaded guilty to the stolen firearms charge in May 2018.

According to court filings, on May 16, 2017 Churchill burglarized two residences in East Montpelier, Vermont, stealing handguns and ammunition from one of them.  The Vermont State Police stopped Churchill’s vehicle that same day, seized it, and obtained a State of Vermont search warrant.  Executing the warrant, they found items stolen from both residences, including two Smith & Wesson handguns and ammunition.  Between May and August 2017, Churchill was implicated in four home burglaries.  He faces pending charges in State court based upon those other offenses.

At sentencing before Judge Crawford today, Churchill urged that he was a drug addict with a poor childhood, warranting a lesser sentence.  The government responded that he had 35 State of Vermont and New Hampshire convictions, and past leniency had failed to deter him.  Churchill has 20 pending State of Vermont charges.  
 
The U.S. Attorney thanked the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Vermont State Police, for their work on the case. 

The United States was represented by Assistant U.S. Attorney Bill Darrow.  Churchill was represented by Assistant Federal Public Defender David McColgin.

A man who operated a northern Iowa farm and used farm proceeds for personal expenses, instead of paying off his USDA-backed line of credit, was sentenced today to ten months in federal prison.

David Pitz, age 36, from Elma, Iowa, received the prison term after an April 6, 2018, guilty plea to Conversion of Property Pledged to a Farm Credit Agency.

In a plea agreement, Pitz admitted he received a $125,000 guaranteed line of credit from the United States Department of Agriculture, to facilitate a loan with a local Elma, Iowa, bank.  The line of credit was designed to be advanced to Pitz early each year to cover his farming expenses. Pitz was required to apply any crop sale proceeds, or other farm-related income, towards the debt owed on the line of credit.  Instead of paying the money towards what he owed to the bank and USDA, Pitz used $117,020.68 in crop proceeds for personal expenses, including his purchase of a non-farm related building.  After interest and other fees, Pitz acknowledged owing the bank and USDA over $177,000.   

Pitz was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Pitz was sentenced to ten months’ imprisonment and was ordered to make $177,269.24 in restitution.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Pitz was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by United States Department of Agriculture – Office of Inspector General. 

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

The case file number is 18-CR-2012.

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            WASHINGTON – Juan Love and Antwon Holley, both 24 and from Washington, D.C., were sentenced today to prison terms for their roles in crew-related shootings at a housing complex in Northeast Washington, U.S. Attorney Jessie K. Liu announced.

            Love and Holley pled guilty to charges in June 2018, in the Superior Court of the District of Columbia. Love pled guilty to aggravated assault while armed, assault with a dangerous weapon, and conspiracy to commit assault. Holley pled guilty to unlawful possession of a firearm, attempted assault with a dangerous weapon, and conspiracy to commit assault. They were sentenced by the Honorable Milton C. Lee.

            Love was sentenced to a 7 ½-year prison term and Holley was sentenced to a 2 ½-year term of incarceration. Following their prison terms, Love will be placed on five years of supervised release and Holley will be placed on three years of supervised release.

            A third defendant, Darius Johnson, 21, of Washington, D.C., pled guilty in June 2018 to charges of unlawful possession of a firearm, attempted assault with a dangerous weapon, and conspiracy to commit assault. He is to be sentenced on Oct. 12, 2018.

            According to the government’s evidence, Love, Holley and Johnson were associated with a group known by, among other names, as “Cruddy Islands.” Members of “Cruddy Islands” conspired to assault anyone whose interests were contrary to those of the group. They also posted branded music videos on YouTube in which threats were voiced against non-members.

            On the afternoon of May 1, 2017, Love, Holley and Johnson were gathered in a housing complex in the 3700 block of Hayes Street NE, in the Paradise neighborhood. Johnson and Holley were armed with paintball guns they used to shoot at various people and objects. Holley shot one man with a paintball gun, leading to a follow-up confrontation. During this confrontation, Holley, Love, Johnson and the other man were all armed with firearms. Love and Johnson fired their guns several times and the man fired back at least once. As a result of this crossfire, an innocent bystander, who was standing near a playground, was shot in the hand. Moments before the shooting, a little girl rode her bike past Love, Holley and Johnson.

            All three men pled guilty to charges stemming from the May 1, 2017 incident.

            Love also pled guilty to a second shooting at the apartment complex that took place weeks later, on June 21, 2017. Shortly after 8 p.m., Love opened fire on a victim who was less than five feet away, in the 3700 block of Hayes Street NE. The victim required multiple surgeries to repair injuries of the upper right chest, side of his body and pelvis, as well as a punctured bladder.

            Following an investigation by the Metropolitan Police Department (MPD), Love was arrested in July of 2017, and Holley and Johnson were arrested in April of 2018. Each of them has remained in custody ever since.

            In announcing the sentences, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department. She also expressed appreciation for the efforts of those who handled the case for the U.S Attorney’s Office, including Paralegal Specialist Tiffany Fogle, Victim/Witness Advocate James Brennan, and Victim/Witness Services Coordinator Tanya Via. Finally, she commended the work of Assistant U.S. Attorney Ahmed Baset, who investigated and prosecuted the matter.

BOSTON – A Greenfield woman pleaded guilty in federal court in Springfield yesterday in connection with concealing nearly half a million dollars from a federally insured financial institution.

Marlene Borer, 68, pleaded guilty to one count of conspiracy to make false statements to a federally insured financial institution and one count of false statements to a federally insured financial institution. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Dec. 19, 2018.

According to the plea agreement, in August 2011, Borer’s brother and his then-wife owed Wells Fargo Bank approximately $1.32 million in outstanding loans. In March 2012, Borer, who was acting as her brother’s bookkeeper, received approximately $1.1 million, which related to a judgment from a Honduran court, in her Massachusetts bank account. $486,000 of the $1.1 million judgment belonged to Borer’s brother and his then-wife. A few days after Borer received the money, her brother e-mailed her to “keep [the] bulk” of their funds in her account because “Wells Fargo might be conducting an asset search on us to try and recover the judgments. Just transfer what is needed to pay bills as they arrive.” Borer distributed their funds from her account as he requested.

On or about May 24, 2012, Borer prepared a false personal financial statement for her brother and his then-wife, stating that they only had $4,200 in the bank. Borer’s brother provided the personal financial statement to Wells Fargo, which relied upon it to negotiate their debt. On Oct. 31, 2012, Borer’s brother and his then-wife executed a settlement agreement with the bank, in which Wells Fargo agreed to forgive their personal obligations in exchange for a payment of $50,000. Wells Fargo would not have settled for $50,000 had it known that Borer’s brother and then-wife had received $486,000 in cash from the Honduran judgment. 

The conspiracy charge provides for sentence of no greater than five years in prison, up to three years of supervised release, and a fine of $250,000. The false statements charge provides for a sentence of no greater than 30 years in prison, up to five years of supervised release, and a fine of $250,000. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, New England Field Division made the announcement. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case.

PROVIDENCE, RI –A North Smithfield, R.I., man who repeatedly sent emails and text messages to a former girlfriend threatening, in specific and horrifying detail, to harm or kill her and her family was sentenced today to 41 months in federal prison on cyberstalking charges, announced United States Attorney Stephen G. Dambruch and Harold H. Shaw, Special Agent in Charge of the FBI Boston Division.

Howard S. Bishop, 39, was arrested in Rhode Island by FBI agents in January 2018, approximately four months after relocating from Texas to his family’s home in North Smithfield.

The threats from Bishop against his former girlfriend in Texas, and her family, were so severe that the woman was placed in FBI protective custody until Bishop was arrested. Her family hired around-the-clock armed security to guard their home.

At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Bishop to serve 3 years supervised release upon completion of his term of incarceration. Bishop pleaded guilty in May to transmitting in interstate commerce communications containing threats to injure another person, and with harassing or intimidating another person, using an interactive computer service or electronic communication service, that placed a person in reasonable fear of death or serious bodily injury and caused substantial emotional distress.

The U.S. Sentencing Guidelines range of imprisonment in this matter is 33 – 41 months. The government recommended the Court impose a sentence of 41 months in prison.

According to court records, in February 2011, a former girlfriend of Bishop obtained a protective order against him in Travis County, TX, after their relationship ended. After the relationship ended, Bishop engaged in an endless pattern of abusive and threatening behavior towards the woman. In January 2012, Bishop was found guilty of violating the order and received a sentence of two years’ probation. In December 2017, a misdemeanor warrant was issued in Travis County for the arrest of Bishop for again violating the protective order.

According to court documents, beginning in November 2016, and continuing until his arrest in Rhode Island in January 2018, Bishop sent hundreds of harassing and threatening messages via the Internet to the former girlfriend and her family. They expressed extreme fear for their safety.

Bishop has been detained in federal custody since his arrest.

The case was prosecuted by Assistant U.S. Attorney Lee H. Vilker.

The matter was investigated by the FBI.

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BIRMINGHAM – Federal prosecutors today charged the vice president of sales for Northside Pharmacy, a Haleyville, Ala.-based compounding pharmacy doing business as Global Compounding Pharmacy, with participating in a conspiracy to generate prescriptions and defraud health care insurers and prescription drug administrators out of tens of millions of dollars.  

U.S. Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp Jr., U.S. Postal Inspector in Charge Adrian Gonzalez, U.S. Department of Health and Human Services, Office of Inspector General, Special Agent in Charge Derrick L. Jackson, Defense Criminal Investigative Service Special Agent in Charge John F. Khin, and Internal Revenue Service Criminal Investigation Special Agent in Charge Thomas J. Holloman announced the charges.

The U.S. Attorney’s Office filed a 13-count information in U.S. District Court charging PHILLIP NATHAN MARKS, 49, of Winter Park, Fla., with conspiring between November 2014 and June 2016 to defraud multiple insurance plans including Blue Cross and Blue Shield of Alabama, Medicare, and TRICARE, as well as their prescription drug administrators. The information also charges Marks with 12 counts of health care fraud for submitting fraudulent prescription claims to these entities. Prosecutors also filed a plea agreement with Marks.

“Global Compounding stole from insurance programs, including Medicare and TRICARE, by using a marketing scheme that increased the sales of expensive medications without regard for patient need or medical necessity,” Town said. “Schemes like this drive up health care costs for everyone. The U.S. Attorney’s Office and our law enforcement partners are committed to prosecuting everyone who sought personal enrichment by participating in this pharmacy’s health care fraud.”

 The charges stem from a larger investigation that already has resulted in guilty pleas from 13 individuals. Along with Marks, prosecutors also filed charges today against another Global sales representative, bringing to 15 the number of defendants in the case. The U.S. Attorney’s Office charged JODY HOBBS, 45, of Santa Rosa Beach, Fla., in a three-count information alleging conspiracy and health care fraud. Prosecutors also filed an associated plea agreement with Hobbs.

According to the court documents, Global, which described itself as “one of the top three largest compounding pharmacies in the United States,” primarily shipped compounded and other drugs from its Haleyville facility, but did most of its prescription processing, billing and customer service at its “call center” in Clearwater, Fla. The company hired sales representatives who were located in various states and were responsible for generating prescriptions from physicians and other prescribers.

The court documents describe a multi-faceted scheme that focused on obtaining and billing for high-dollar fraudulent prescriptions. In the scheme, Global would identify high-dollar drugs and instruct employees to obtain medically unnecessary prescriptions for themselves and family members. Global incentivized prescribers to issue these fraudulent prescriptions by hiring and paying their family members as sales representatives, and by directing sales representatives to work at practitioners’ offices to have better access to patients and their files. Global employees obtained prescriptions in various other fraudulent ways, including forging prescriptions. Global maximized proceeds on these fraudulent prescriptions by altering them to add or substitute drugs and automatically refilling and billing for them, regardless of patient need. It also routinely waived co-pays to encourage patients to accept unnecessary medications and refills. When insurance plans and their prescription drug managers attempted to police Global’s conduct, Global provided false and misleading information to them, and began billing through affiliate pharmacies. Court filings in Marks’ case note that two such affiliate pharmacies were The Prescription Shop in Haleyville and Tropic Pharmacy in Boca Raton, Fla.

According to the court documents, as vice president of sales, Marks routinely directed sales representatives to obtain medically unnecessary prescriptions for themselves and family members. One such drug was Silapak, which Global itself advertised as “not indicated for children.” Global employees nonetheless submitted Silapak prescriptions for children, some as young as two years old, which Global dispensed and billed. Nine of the health care fraud charges against Marks include multiple counts of fraudulent Silapak prescription billings for children of Global employees.

According to court documents, Global hired Hobbs as a sales representative because he had high-reimbursing health insurance from his other employer. Global billed for multiple medically unnecessary drugs for Hobbs, including a tube of wound care cream that cost $30,812. 

The 13 individuals previously charged and who have pleaded guilty are Global Operations Manager Jeffrey South, District Manager Angie Nelson, National Field Trainer and sales representative Bridget McCune, and sales representatives Roddrick Boykin, Joshylyn Bowen, Vanessa Case, Peter Eodice II, Robin Lowry, Kelley Norris and Dawn Whitten, and billers Fermin Alfonso, Stacey Cardozo, and Christopher Nunez.

The maximum punishment for the conspiracy charge is five years in prison and a $250,000 fine. The maximum penalty for health care fraud is 10 years in prison and a $250,000 fine.

FBI, USPIS, HHS-OIG, DCIS and IRS-CI investigated the cases, which Assistant U.S. Attorneys Chinelo Dike-Minor, Don Long, and Nicole Grosnoff are prosecuting.

An information or indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.

Marks Philip Information

Marks Phillip Plea Agreement

Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that yesterday, United States District Judge Brian Harwell sentenced Jonathan Stefan Vanderhorst, age 23 of Tabor City NC, to 660 months (55 years) of incarceration as a result of his convictions for Conspiring to Commit Hobbs Act Robbery, a violation of Title 18 U.S.C. § 1951; Hobbs Act Robbery, a violation of Title 18 U.S.C. § 1951; Felon in Possession of Ammunition, a violation of Title 18 U.S.C. § 922(g); and Discharging a Firearm in Furtherance of a Crime of Violence, a violation of Title 18 U.S.C. § 924(c). In addition to Vandershorst, his co-conspirators, Jim Tracy Miller age 28, and Demetrius Altman age 39, both of Tabor City, NC, were sentenced to 262 months and 168 months respectively for violations of Conspiring to Commit Hobbs Act Robbery, a violation of Title 18 U.S.C. § 1951 and Hobbs Act Robbery, a violation of Title 18 U.S.C. § 1951.

The evidence presented at the guilty plea and sentencing hearings established that on May 3, 2016, Altman drove Miller and Vanderhorst to rob the Clarendon, NC Post Office. Upon arrival, Altman waited in the vehicle and Miller and Vanderhorst entered the Post Office. Vanderhorst jumped the counter, brandished a firearm, and struck the Post Office Clerk, the sole occupant of the post office. Ultimately, Vanderhorst and Miller stole $284.00 and the Clerk’s cell phone and left in Altman’s vehicle.

Thirteen days later, on May 16, 2016, Altman drove Miller and Vanderhorst from Tabor City, NC to Loris, SC to rob the Loris Market and Beverage store. Again, Altman stayed in the vehicle and Vanderhorst and Miller entered the store. The only occupants of the store were the owners, a husband and his wife, both of whom were working behind the checkout counter. After entering, Vanderhorst fired a shot at the female victim, fortunately missing her. Vanderhorst then approached the counter and fired another shot up into the ceiling. Thereafter, the store owner took the money out of the register and passed it to Vanderhorst who took the money handed it to Miller. Vanderhorst then turned and fired two shots, striking and ultimately killing the store owner. 

The case was investigated by the Federal Bureau of Investigation, United States Postal Inspection Service, the Horry County Police Department, and the Loris City Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorneys Will Lewis, Jim May and Special Assistant United States Attorney and Chief Deputy of the Horry County Solicitor’s Office Scott Hixon prosecuted the case.

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The Office of the United States Attorney for the District of Vermont stated that James O’Dell, 54, and Robin Buell, 50, both of Bennington County, VT appeared today in United States District Court in Burlington, following their arrests for conspiracy to distribute cocaine and cocaine base.

According to court documents, the Vermont Drug Task Force and the Federal Bureau of Investigation conducted an investigation into the distribution of cocaine and cocaine base in the Bennington, Vermont area.  During the investigation, O’Dell was identified as a significant source of cocaine in the Bennington, Vermont area. On four separate occasions, O’Dell delivered cocaine to Robin Buell, who sold the cocaine to a Vermont Drug Task Force informant.

On September 13, 2018, the Vermont Drug Task Force and the FBI arrested O’Dell and executed a federal search warrant at O’Dell’s Bennington home.  In O’Dell’s home, law enforcement found approximately 360 grams of cocaine base, 386 grams of cocaine and 4 lbs. 6.5 oz. of marijuana. The total street value of the cocaine found in O'Dell's residence is $74,600. A search of one of O’Dell’s vehicles yielded a total of $24,961.00 in cash.

O’Dell appeared before U.S. Magistrate Judge John M. Conroy on September 14, 2018 on charges of conspiracy to distribute cocaine base and conspiracy to distribute cocaine. He was remanded to the custody of the U.S. Marshals Service pending further proceedings in the case. On September 18, 2018, O’Dell was released on pre-trial conditions that include, but are not limited to, surrendering his passport, drug testing, and reporting regularly to pretrial services.

On September 17, 2018, Robin Buell was arrested at his home in Bennington. Buell appeared before U.S. Magistrate Judge John M. Conroy on September 18, 2018 and was remanded to the custody of the U.S. Marshals Service.  On September 19, 2018, Buell was released on pre-trial conditions that include, but are not limited to, drug testing and reporting regularly to pretrial services.

United States Attorney Christina Nolan stated:  “This case is an outstanding example of how Vermont law enforcement officers at the federal, state, local, and county level come together to root out dangerous drug trafficking from our communities.  Law enforcement at all levels understand that there is suffering in every corner of our state and we will continue to collaborate and deploy resources accordingly. Because of this extraordinary team effort, two drug dealers are out of business, nearly $75,000 in addiction-based profit has been cut short, and Bennington County is safer.” 

“These arrests demonstrate our overall strategy and relentless determination to eradicate drugs in our community,” said James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigations. “We are proud to work side by side with the Vermont State Police, Bennington Police, and the U.S. Attorney's Office to bring these individuals to justice.”

The charges against O’Dell and Buell are merely accusations and the defendants are presumed innocent unless and until they are proven guilty.

In addition to the Vermont Drug Task Force and the FBI, members from the Vermont State Police-Shaftsbury, Bennington Police Department, and the Bennington County Sheriff's Department assisted with the arrest and search warrant.  The Bennington County State’s Attorney’s Office also provided valuable assistance.

O’Dell is represented by David L. McColgin.  Buell is represented by Karen R. Shingler.  Assistant U.S. Attorney Andrew C. Gilman represents the United States.

Earlier today in federal court in Brooklyn, Sean Price was sentenced to 35 years’ incarceration and 10 years’ supervised release by United States District Judge Nicholas G. Garaufis, following his conviction after trial in December 2017 on four charges: interstate and foreign enticement to engage in sexual activity, interstate and foreign transportation of a minor to engage in sexual activity, a Mann Act violation and attempted sexual exploitation of a child. Restitution to Jane Doe’s guardians will be determined at a later date.  

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York, announced the sentence.

“Sean Price preyed upon the vulnerabilities of a young teenage girl, luring her across the world and away from her home for his own illicit purposes.  With today’s sentence Price has been accountable for that predatory conduct,” stated United States Attorney Donoghue.  “The Price case sends the message that this Office, together with our law enforcement partners, will work tirelessly to identify abusers like Price and prosecute those who would sexually exploit minors to the fullest extent of the law.”  Mr. Donoghue expressed his appreciation to the Australian Federal Police, the New South Wales Police Force and the NYPD for their assistance in the investigation and prosecution of this matter, and commends the Australian authorities and the NYPD on the investigation and cooperation that ultimately led to the recovery of the missing girl.

 “Now a convicted sexual predator, Sean Price admittedly lured a teenage girl from Australia to Queens, taking advantage of her young spirit and susceptibility,” stated HSI Special Agent-in-Charge Melendez. “Today’s sentencing should send a strong message to those who seek to sexually exploit children – borders and oceans will not impede the efforts of the global law enforcement community in safeguarding our children and bringing predators to face justice.”

As established during court proceedings, in the fall of 2016, Price established an online relationship with a 16-year-old girl who lived in Australia.  By January 2017, they were communicating with each other daily through messages on Facebook, with much of the discussion concerning Price’s desire to engage in sex with the girl, and how she could travel from Australia to join Price in New York City without law enforcement or her parents finding out.  The Facebook chat messages demonstrated that Price, who was 39-years-old at the time, openly discussed the girl’s age with her, and Price told her repeatedly that he wanted to be sexually intimate with her.

Price and the girl also discussed obtaining a fake passport so the girl could travel internationally, and Price offered to impersonate the girl’s father to help her get through airport security in the United States.  In chat messages, Price told the girl that they would soon be laughing at her parents and when she told Price that she did not need parental permission to fly internationally, Price responded: “So you coming to papa?”  After months of planning, Price wired the girl over $900 to purchase a plane ticket to fly to Los Angeles in late March of 2017.  Shortly afterwards, on April 11, 2017, the girl flew on a roundtrip ticket from Sydney, Australia to Los Angeles, California, where Price was waiting for her arrival.  Price hired a rental car, and drove across the country to Price’s home in Jamaica, Queens. 

Price admitted in a post-arrest statement that he and Jane Doe were involved sexually during their cross-country trip and while they were living in Queens until she was found by law enforcement in his home four weeks later.  Following her successful recovery by officers of the NYPD, Jane Doe was returned to her family in Australia.  In a recent submission to the Court, Jane Doe’s mother recounted the trauma Jane Doe and her family continue to struggle with in the aftermath of the defendant’s actions.

The government’s case is being prosecuted by Assistant United States Attorneys Taryn A. Merkl and Monica K. Castro.  Assistant United States Attorney Karin Orenstein of the Office’s Civil Division is in charge of the forfeiture.

The Defendant:

SEAN PRICE
Age: 40
Residence: Queens, New York

E.D.N.Y. Docket No. 17-CR-301 (NGG)

Baltimore, Maryland –U.S. District Judge Catherine C. Blake sentenced Garrion McCellan, age 30, of Baltimore today to 25 years in prison, followed by 8.5 years of supervised release, for a drug conspiracy and for possession of a firearm in furtherance of a drug trafficking crime causing death.  McCellan was part of a drug trafficking operation that operated in and around Pedestal Gardens, an apartment complex located in the 300 block of McMechan Street in West Baltimore.  McCellan was also an active member of the Black Guerilla Family (BGF) gang during his participation in the drug conspiracy.

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

“Garrion McCellan and his fellow members of the Pedestal Gardens gang brought death to West Baltimore--through the drugs they sold and the gun violence they committed,” said United States Attorney Robert K. Hur.  “This sentence makes clear that U.S. Attorney’s Office, along with our federal, state, and local law enforcement partners, will bring to justice those who terrorize our city’s neighborhoods.”

“Today’s sentencing is indicative of the success that can be attained when agencies combine resources to remove violent drug distributors off the street,” said FBI Baltimore Special Agent in Charge Gordon B. Johnson. “The citizens of Maryland have the FBI’s commitment that we will continue to aggressively investigate criminal organizations that target our communities with their drug-related violent activity to ensure they are held accountable and removed from their neighborhoods."

According to his plea agreement and other court documents, from at least July 2016 through April 28, 2016, MCellan conspired with others, including Pedestal Gardens gang leader DeAndre Smith, and gang members Jamal Carter and Dymir Rhodes, to distribute heroin and fentanyl in and around Pedestal Gardens.  Smith, Carter, Rhodes, and others maintained a “stash” house in Catonsville, Maryland to store drugs and drug proceeds, and to process and package drugs for distribution.  Rhodes supplied McCellan with “packs” of heroin and/or fentanyl, which McCellan redistributed to drug users at Pedestal Gardens.  Each “pack” typically contained between 25 and 50 gel capsules of the drugs, totaling approximately 2.5 to 5 grams.  McCellan and other co-conspirators routinely distributed 40 to 50 packs of heroin and fentanyl in one day.

McCellan admitted that sometime before August 10, 2015, Smith ordered McCellan to kill a drug dealer who was encroaching on their organization’s drug territory.  On August 10, 2015, McCellan, Smith, and Rhodes went to the 1700 block of McCullough Street where they located the drug dealer outside a corner store.  McCellan shot the drug dealer several times, killing him.  Another person was found shot in the corner store, but survived.

As detailed in his plea agreement, on October 7, 2015, McCellan shot another individual at the direction of Smith, who was disrupting the organization’s drug operation by robbing drug dealers in the area.  On October 7, 2015, McCellan and Carter contacted the individual using the ruse that they wanted help to rob other drug dealers.  McCellan and Carter arranged to meet the victim in the 1400 block of Druid Hill Avenue.  While the victim was putting on gloves in preparation for the purported robbery, McCellan shot the victim multiple times at close range, killing him.

McCellan admitted that he expected to receive something of value from Smith in return for the two killings.  McCellan also admitted that during his participation in the conspiracy he and his co-conspirators distributed between one and three kilograms of heroin.

Co-Defendants:

Deandre Smith, age 28, of Baltimore, pleaded guilty to the drug conspiracy.
Sentenced to 25 years in federal prison;

Jamal Carter, age 24, of Baltimore, previously pleaded guilty to the drug conspiracy.
Sentenced to 11 years in federal prison;

Dymir Rhodes, age 32, of Baltimore, pleaded guilty to the drug conspiracy.  Sentenced to 10 years in federal prison.

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

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

Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington has sentenced Aeon L. Graham (23, Tampa) to six years and nine months in federal prison for conspiracy to commit credit card fraud and aggravated identity theft.  Graham pleaded guilty on June 12, 2018.

According to court documents and statements made in open court, between at least 2015 and 2017, Graham and others affiliated with “Manche Boy Mafia” or “MBM” organization conspired to commit credit card fraud and identity theft in the Tampa Bay area. To facilitate the scheme, the conspirators purchased stolen credit and debit card account numbers online from various websites, some of which used bitcoin as their currency. They then purchased or stole reloadable gift cards and used machines to emboss the stolen account numbers and their own names on to the front of these altered gift cards, thereby producing counterfeit credit cards. The conspirators then used these counterfeit credit cards at various retailers around the Tampa Bay area to purchase gift cards and electronics, which they either kept or sold for cash. 

Investigators determined that these individuals had engaged in hundreds of successful transactions with counterfeit credit cards, and had possessed and used  thousands of stolen account numbers from individuals across the United States. In total, Graham was held responsible for more than $600,000 in intended or attempted purchases with counterfeit credit cards and stolen account information.

This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Mandy Riedel.

            WASHINGTON – Michael Hight, 26, of Washington, D.C., was sentenced today to 45 years in prison on murder and other charges stemming from the slaying of a man in Southeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            Hight and a co-defendant, James Young, were found guilty in April 2018 of first-degree felony murder while armed, second-degree murder while armed, armed robbery, first-degree burglary while armed, tampering with evidence, obstruction of justice, and related weapons offenses. The verdicts followed a trial in the Superior Court of the District of Columbia. Hight was sentenced by the Honorable Milton C. Lee.

            Young, 25, also of Washington, D.C., was sentenced by Judge Lee on June 22, 2018, also to a 45-year prison term.

            According to the government’s evidence, at approximately 7 a.m. on Aug. 31, 2014, the victim, Willard Carlos Shelton, drove to the 2500 block of Pomeroy Road SE to purchase narcotics.  About10 minutes after Mr. Shelton arrived, Hight and Young produced firearms, attempted to rob him, and then pistol-whipped him. Hight and Young then fired several shots at Mr. Shelton, who attempted to escape the onslaught of bullets. 

            One of the bullets struck Mr. Shelton in the abdomen, knocking him to the ground.  Once the gunshots ended, Young went over to Mr. Shelton and took his personal effects, including his wallet and keys.  Young then pointed a gun at Mr. Shelton’s head, but this time he did not fire.  Mr. Shelton, 38, of Alexandria, Va., later died from his injuries.

            Following the shooting, Hight and Young fled the scene, broke into a nearby apartment, and hid the firearms used to shoot Mr. Shelton.  Young later attempted to obstruct justice by making threatening statements directed at a government witness.  Hight later attempted to obstruct justice by convincing someone who was not a witness to the shooting to make false statements to law enforcement about the murder. 

            Hight and Young were arrested in September 2014 and have been in custody ever since.

            In announcing the sentence, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department (MPD). They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Liaison and Operations Manager Linda McDonald; Paralegal Specialists Debra Joyner, Sharon Newman, and Kelly Blakeley; Criminal Investigators John Marsh and Zachary McMenamin; Litigation Technology Specialists Leif Hickling, Anisha Bhatia, and Jeanie Latimore-Brown; Victim/Witness Services Coordinators La June Thames and Katina Adams-Washington; Witness Security Specialists  M. Laverne Perry, Wanda Queen, and Tanya Via,  and Victim/Witness Advocate Marcia Rinker.

            Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Richard Barker and Laura Crane, who investigated and prosecuted the case, as well as Assistant U.S. Attorneys Kendra Briggs, Jeffrey Nestler, Thomas Saunders, and former Assistant U.S. Attorney Robert Eckert, who investigated and indicted the case. 

In El Paso today, a federal judge sentenced 36–year-old Norma Juarez Taha to 151 months in federal prison followed by five years of supervised release for her role in connection with the kidnapping of a 20-year-old female in El Paso in February 2017, announced U.S. Attorney John F. Bash and Federal Bureau of Investigation Special Agent in Charge Emmerson Buie, Jr.

On March 16, 2018, a federal jury convicted Taha on one count of kidnapping and one count of possession of a firearm during a crime of violence.  Evidence presented during trial revealed that on February 13, 2017, the defendant, known to her victim as Sister Norma, went into the victim’s house at approximately 3:30 A.M. and lured the victim out of the house by telling her that her family was in danger and that immigration authorities were attempting to deport them.  The defendant drove the victim to a remote residence on the east side of El Paso that belonged to Taha’s mother.  At the residence, the victim saw that Taha was in possession of a firearm.  Subsequently, Taha placed the victim in her mother’s truck and injected her with a mixture of drugs.    Taha’s mother then drove the victim across the border to a residence in Juarez.  Taha and her mother left the victim at that residence and never returned.  At approximately 10:30 P.M. on February 13, 2017, two individuals at the residence transported the victim to the Paso Del Norte Port of Entry.  The victim was then transported to an El Paso hospital where she received medical attention.

Further investigation by FBI agents revealed that Taha agreed to kidnap the victim on the ground that her lifestyle brought embarrassment to her family.  During a search of the defendant’s vehicle and residence, authorities discovered the firearm possessed by Taha, as well as the medication used by Taha to inject the victim during the kidnapping.

Based on a recent legal precedent, U.S. District Judge Frank Montalvo granted the defendant’s request to dismiss the firearm charge prior to sentencing.  Judge Montalvo will determine restitution in this case at a later date. 

The FBI investigated this case.  Assistant U.S. Attorneys Patricia Acosta and Shane Wagman prosecuted this case on behalf of the Government.

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Brian Mount, 60, of Pittsford, NY, who was convicted of filing a false tax return, was sentenced to serve five months in prison followed by five months of home confinement by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Mount was the executive director of Regional Area Recreation and Employee Services (RARES), a non-profit business located at 312 West Commercial Street in East Rochester. The non-profit provides discounted tickets and services to subscribing companies. The defendant received salary and commissions from RARES that he failed to report on his 2010 through 2013 federal tax returns. In total, Mount failed to report approximately $227,835.77 in additional income on his tax returns, which resulted in the defendant failing to pay $60,977 in taxes to the Internal Revenue Service.

Today’s sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.

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BOSTON – A Dominican national was convicted of trafficking heroin today in federal court in Boston.

Elin Robinson Mejia Romero, 52, a Dominican national formerly residing in Hyde Park, was convicted by a federal jury of conspiracy to possess heroin and more than 40 grams of fentanyl, two counts of possession with intent to distribute heroin, one count of possession with intent to distribute fentanyl, and one count of possession with intent to distribute more than 40 grams of fentanyl. Romero previously pleaded guilty to a separate federal charge of illegally re-entering the country after being deported.

On five occasions between January 2017 and June 2017, Romero sold a total of over 100 grams of heroin and/or fentanyl to a cooperating witness. Federal agents recorded each transaction and laboratory results confirmed that the drugs were heroin and fentanyl. An additional 300 grams of fentanyl and other drug distributing paraphernalia were recovered during the search of a stash location in Hyde Park.     

In 2008, Romero was convicted in federal court in Boston of conspiracy to distribute one kilogram or more of heroin and five kilograms or more of cocaine. He was sentenced to 46 months in federal prison and was deported to the Dominican Republic after completing his sentence.

Romero faces a mandatory minimum sentence of 10 years and up to life in prison, a minimum of eight years and up to a lifetime of supervised release, and a fine of up to $8 million.  Romero will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. Assistance was also provided by Customs and Border Protection and the Attleboro Police Department. Assistant U.S. Attorney Leah B. Foley and Lauren Graber of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case.

BOSTON – The former leader of a Lawrence-based opioid trafficking organization was sentenced today in federal court in Boston for fentanyl, heroin, and cocaine conspiracy.

Santo Ramon Gonzalez Nival, 41, a Dominican national formerly residing in Lawrence, was sentenced by U.S. District Court Judge Denise J. Casper to 135 months in prison and five years of supervised release. Gonzalez Nival will be subject to deportation upon completion of his sentence. In June 2018, Gonzalez Nival pleaded guilty to one count of conspiracy to possess with intent to distribute heroin, cocaine, and fentanyl and one count of illegal reentry of a deported alien.

On May 30, 2017, a large scale law enforcement operation dismantled two Lawrence-based drug trafficking organizations, one run by Juan Anibal Patrone, and another led by Gonzalez Nival, who was a source of supply for Patrone. Gonzalez Nival and approximately 28 co-conspirators were arrested, including nine members of his drug trafficking organization. 

During the course of the investigation, over 500 grams of fentanyl were seized in connection with the Gonzalez Nival organization. During a wiretap, law enforcement intercepted Gonzalez Nival talking to one of his suppliers, Santo Ramon Nivar, about a “blue one” - believed to be fentanyl - that “was killing people.” Gonzalez Nival discussed wanting more of that fentanyl because his customers liked the strength and it could be cut multiple times, which meant more profit for him.

At the time of his arrest, Gonzalez Nival was illegally in the United States, having reentered after being deported most recently on May 19, 2009. During the investigation, Gonzalez Nival fled after being stopped by police when they took his false identification card to run it. In a subsequent intercepted call, Gonzalez Nival admitted to having been deported from the United States four times previously, and explained that he ran to avoid detectives who might fingerprint him.

Gonzalez Nival and the nine members of his organization have all been convicted: two sources of supply, Robert Frett Sierra and Santo Ramon Nivar; a drug preparer, Julio Baez Gonzalez; two couriers, Geronimo Gonfessor Gonzalez Nivar and Ruddy Rafael Soto Lara; and four redistributors, Bernaldo Rosario Santiago, Carlos Hernandez, Rory Connolly, and Diosmary Burgos.

Patrone pleaded guilty on Sept. 19, 2018, and is scheduled to be sentenced in January 2019.  

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. The Massachusetts State Police and the Andover, Haverhill, Lawrence, Lowell, and Wilmington Police Departments assisted with the investigation. Assistant U.S. Attorney Susan Winkler of Lelling’s Narcotics and Money Laundering Unit is prosecuting the cases.

ALBANY, NEW YORK – Benjamin J. Varieur, age 33, of Saratoga Springs, New York, and formerly of Brunswick, New York, pled guilty today to receiving child pornography via an encrypted messaging application on his phone.

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

As part of his guilty plea, Varieur admitted that from March 22, 2018 to March 25, 2018, he used the Wickr Me messaging application to receive child pornography over the internet from another man.  Varieur, using the name “bigman6012,” requested and received dozens of images of child pornography, including images depicting the sexual abuse of children as young as 2 years old.

Varieur, who has been detained since his arrest in April, faces at least 5 years and up to 20 years in prison, to be followed by post-imprisonment supervised release of at least 5 years and up to life, when he is sentenced in January by United States District Judge Mae A. D’Agostino.  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.  Varieur would also have to register as a sex offender upon his release from prison.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Colonie Police Department.  The case is being prosecuted by Assistant United States Attorney Michael Barnett.

This case is being prosecuted as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Richard Thomas, age 53, of Green Island, New York, was arraigned yesterday on a charge that he possessed and intended to distribute crack cocaine and cocaine.

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

According to the indictment, on September 10, 2018, Thomas possessed and intended to distribute more than 28 grams of cocaine base (a/k/a crack cocaine) and cocaine.  The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Thomas is in custody pending trial.  If convicted, Thomas faces at least 10 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 8 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. Alicia Suarez.

ALBANY, NEW YORK – Douglas Fountain, age 29, of Colonie, New York, was ordered detained yesterday after being charged with sexual exploitation of a minor and transporting child pornography over the internet.

The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

A criminal complaint filed against Fountain alleges that he took sexually explicit photographs of a child and posted them on a website where other members of the site could view the photographs.  The charges in the complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty. 

If convicted, Fountain faces at least 20 years and up to 50 years in prison, mandatory registration as a sex offender, a fine of up to $250,000, and a term of post-release supervision 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 HSI and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez. 

This case is prosecuted 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 about Project Safe Childhood, please visit http://www.justice.gov/psc/.