ALBANY, NEW YORK – Colin Stewart, age 41, of Elgin, Quebec, Canada, was sentenced today to 135 months in prison for conspiring to smuggle thousands of pounds of marijuana into the United States from Canada through the Akwesasne Mohawk Indian Reservation.  

The announcement was made by United States Attorney Grant C. Jaquith and U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division.

Following his extradition from Canada, Stewart admitted that he and his co-conspirators smuggled thousands of pounds of marijuana into the United States for distribution throughout the northeastern United States.  Stewart admitted to organizing the smuggling, paying co-conspirators, and personally transporting thousands of pounds of marijuana across the St. Lawrence River from Canada into the United States.

Chief United States District Judge Glenn T. Suddaby also ordered Stewart to serve 5 years of post-imprisonment supervised release and pay a $10,000 fine.

The investigation and prosecution of Stewart was the result of a joint investigation by the DEA, Homeland Security Investigations (HSI), the United States Border Patrol, Customs and Border Protection Air and Marine Operations, the New York State Police, the St. Regis Mohawk Tribal Police Department, the Akwesasne Mohawk Police Services, and the District Attorneys of Franklin and Clinton Counties.

The case was prosecuted by Assistant U.S. Attorneys Katherine E. Kopita and Douglas G. Collyer.

ALBUQUERQUE – Emery Calabaza, 50, an enrolled member and resident of Kewa Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 216 months in prison followed by ten years of supervised release for his conviction on an aggravated sexual abuse of a minor charge.  Calabaza will be required to register as a sex offender after completing his prison sentence.

Calabaza was arrested in June 2017, on a criminal complaint charging him with sexually abusing a Kewa Pueblo child under the age of 12 years on May 30, 2017.  Calabaza subsequently was indicted on June 28, 2017.  The indictment charged Calabaza with sexually abusing a minor under the age of 12 years on two occasions between May 1, 2017 and June 6, 2017, on Kewa Pueblo in Sandoval County, N.M.

On April 17, 2018, Calabaza pled guilty to a felony information charging him with aggravated sexual abuse.  In entering the guilty plea, Calabaza admitted that between May 1, 2017 and June 6, 2017, he sexually abused the victim, who was under the age of 16-years-old. 

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was driven largely by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

“The sentencing of Bandidos National Vice President Xavier Portillo is one more step in concluding a comprehensive investigation by DEA, FBI and our law enforcement partners into the leadership structure and criminal activities of the Bandidos Outlaw Motorcycle Gang,” said Will Glaspy, Special Agent in Charge of the Drug Enforcement Administration – Houston Division. “This investigation reflects law enforcements commitment to make sure communities across Texas are safe and prevent gang members involved in drug distribution and other criminal activity from establishing a foothold in our communities.”

“The sentencing rendered today is the result of the outstanding partnership between the FBI and all our law enforcement partners,” said FBI Special Agent in Charge Christopher Combs. “This effort demonstrates our ongoing commitment to prevent gang violence and criminal activity from poisoning our communities. It also sends a clear message that we will relentlessly pursue and prosecute the leaders and members of these violent criminal enterprises.”

“Gang violence is a threat to the safety and security of Texas communities,” said DPS Director Steven McCraw. “These are complex cases, but thanks to the hard work and collaboration between law enforcement authorities and prosecutors, these criminals are no longer free to prey on our communities.”

Pike, who faces up to life in federal prison, is scheduled to be sentenced at 9:00am on September 26, 2018.

The FBI, DEA and Texas DPS investigated this case together with the Internal Revenue Service-Criminal Investigation, U.S. Customs and Border Protection, Homeland Security Investigations (HSI), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Austin Police Department, New Braunfels Police Department, Seguin Police Department, San Antonio Police Department, Bexar County Sheriff’s Department, Atascosa County Sheriff’s Department, Palo Pinto County Sheriff’s Department, Ector County Sheriff’s Department, Bexar County District Attorney’s Office, and the U.S. Attorney’s Office for the Southern District of Texas. Assistant United States Attorneys Eric Fuchs and John Gibson are prosecuting this case on behalf of the Government.

SAN JUAN, P.R. – United States District Court Senior Judge Daniel R. Domínguez sentenced Yaira Tanies Cotto-Flores to 10 years in prison followed by eight years of supervised release for one count of transportation of a minor with intent to engage in criminal sexual activity, announced United States Attorney Rosa Emilia Rodríguez-Vélez.

On April 27, 2018, after a nine-day jury trial and four hours of deliberation, Yaira Tanies Cotto-Flores was found guilty of one count of transportation of a minor with intent to engage in criminal sexual activity. According to the evidence presented at trial, on March 1, 2016, the defendant transported a 14-year-old male student to a motel located in San Lorenzo, PR, with the intent to engage in sexually explicit conduct. Cotto-Flores was the victim’s English teacher. They met at the beginning of the school year and the defendant gave the victim various gifts including an acne treatment kit, a neckband and a Bulova wristwatch.

“This sentence should serve to reassure the public that we are paying close attention to the well-being of our children, and that we will spare no expense to take child predators off the streets,” said U.S. Attorney Rosa Emilia Rodríguez-Vélez. “We entrust teachers to serve as role models for our children and safeguard their welfare. The jury found Ms. Cotto-Flores guilty of robbing a child’s innocence and causing harm to the victim and his family. As this conviction makes clear, when that trust is violated, there are severe consequences.”

“Children who are sexually exploited either physically or through the dissemination of child pornography suffer immeasurable harm,” said Ivan J. Arvelo, special agent in charge of HSI San Juan. “And while this significant sentence cannot repair the damage done, it should serve as a stark reminder that we are watching and the aggressive investigation and prosecution of predators remains a high priority for HSI.”

The criminal prosecution was handled by Assistant U.S. Attorney Elba Gorbea. ICE-HSI was in charge of the investigation with the collaboration of the Puerto Rico Police Department.

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BOSTON – The former chief financial officer (CFO) of two Boston-area companies pleaded guilty today in federal court in Boston for embezzling millions of dollars from his former employers. 

Edward J. Abell III, 45, of Gloucester, pleaded guilty to five counts of wire fraud and three counts of money laundering. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Jan. 4, 2019. Abell was indicted on the charges in October 2017. 

Abell served as vice president of finance and later CFO of a global integrated marketing agency based in Boston. In that capacity, Abell oversaw all aspects of the company’s finances and controlled all corporate bank accounts. Between 2006 and his departure in 2016, Abell embezzled over $3.8 million from his employer by writing company checks to Pinehurst Tax Associates – a firm Abell owned. However, Pinehurst did not provide any services to Abell’s employer. Rather, Abell used Pinehurst as a shell company through which he channeled embezzled funds to personal bank accounts.   

In order to avoid detection, Abell created fake profiles for Pinehurst within his employer’s internal vendor database and attributed all the fraudulent payments to Pinehurst as “Professional Services” in the financial accounting system. Abell also filed false personal tax returns with the IRS, which failed to report the millions he obtained through Pinehurst. 

In late 2016, after he was terminated from the marketing and public relations firm, Abell was hired as CFO of a Boston-based consulting and investment banking firm, where he continued his scheme and embezzled over $140,000.  

Abell laundered the proceeds of his crimes by moving the funds through different personal accounts and by purchasing property and other luxury assets. Previously, the government obtained seizure warrants for several of Abell’s assets acquired with fraudulent proceeds. As part of the operation, federal agents seized a property in Fryeburg, Maine, a 2015 Porsche Macan S, a 2015 Ford F-350 Super Duty, and an E*TRADE brokerage account all owned by Abell or held in his name.     

The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss. The maximum sentence of one of the money laundering charges is 20 years in prison, three years supervised release, and a fine of $500,000, or twice the value of the property involved in the transaction. The remaining money laundering charges provide for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000, or twice the value of the criminally derived property.  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; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Economic Crimes Unit, is prosecuting the case.

DENVER – Jimmie Dean Korf, age 49, of Weldona, Colorado, was sentenced late last week by Chief U.S. District Court Judge Marcia S. Krieger for theft of $92,579 as a Postal Service Highway Contract supplier in Morgan County, according to U.S. Attorney Bob Troyer and U.S. Postal Service Office of the Inspector General Acting Special Agent in Charge Steven Stuller. 

Chief Judge Krieger ordered Korf to serve 12 months’ probation, requiring him to report to jail every weekend and every holiday.  The defendant was indicted on September 27, 2017.  He pled guilty on June 13, 2017, and was sentenced on September 20, 2018.

According to the stipulated facts contained in the plea agreement, the Postal Service contracts for over-the-road mail transportation.  Korf was a Postal Service Highway Contract supplier, but not a Postal Service employee.  He was required to certify the time he was on the road transporting the mail.  Between June 2013 and November 2014, Korf illegally received $92,579 from the U.S. Postal Service by forging supervisory signatures on forms to pay him for services he did not provide. 

The investigation into the payments began in February 2015 after an employee at the Fort Morgan Post Office alleged her signature had been forged.  She looked at copies of the forms and noted that the signature on each form was not hers.  She then reported the forgery to the U.S. Postal Service Office of the Inspector General.  It was determined that Korf forged the signatures.  A subsequent review of the Postal Service’s payment records revealed that the defendant claimed 237 extra trips totaling 53,360 miles.  Postal Service documents only support 10 trips totaling 1,584 miles. 

“The Postal Service Office of the Inspector General has a long history of doing superlative investigative work to ensure public trust,” said U.S. Attorney Bob Troyer.  “Our office is always happy to be on their team.”

“We are gratified to have contributed to this investigation and applaud the exceptional work by the United States Attorney’s Office for both protecting the contracting process and overall program costs,” said Steven Stuller, Acting Special Agent in Charge, U.S. Postal Service Office of Inspector General. “Along with our law enforcement partners, the USPS OIG will continue to aggressively investigate those who would engage in fraudulent activities designed to defraud the Postal Service.” 

This case was investigated by the U.S. Postal Service Office of the Inspector General.  The defendant was prosecuted by Assistant U.S. Attorney Jason St. Julien.

BOSTON – A Mexican national was arrested and charged today in federal court in Boston in connection with the murder of an individual aboard a fishing vessel off the coast of Massachusetts.

Franklin Freddy Meave Vazquez, 27, was charged with one count of murder within the special maritime and territorial jurisdiction of the United States, and one count of attempted murder within the special maritime and territorial jurisdiction of the United States. He will appear in federal court in Boston at a time to be determined.

According to the charging document, on Sept. 23, 2018, the fishing vessel, Captain Billy Haver, was sailing approximately 55 miles off the coast of Massachusetts with seven crew members aboard, including Vazquez. It is alleged that at some point in the afternoon, Vazquez assaulted another crew member on board with a hammer in one hand and a knife in the other. The victim then saw that another crewmember was lying on the deck bleeding. Vazquez then struck a third crew member. It is further alleged that Vazquez then climbed up the mast of the ship as the others onboard tried to capture him.

It is alleged that the captain of the ship placed a call on the distress channel, to which a German cruise ship, the Mein Schiff 6, responded. Two of the wounded were taken aboard the cruise ship, where one victim was pronounced dead by the ship’s doctor.

According to court documents, Vazquez is illegally present in the United States. On March 9, 2018, he was arrested in Newport News, Va., for abduction by force, intimidation, or deception, and released on bond.

The charge of murder provides for a sentence of up to life in prison, five years of supervised release, and a fine of $250,000. The charge of attempted murder provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. Vazquez will be subject to deportation proceedings upon completion of any sentence imposed. 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; Richard D. Cox, Special Agent in Charge of the U.S Coast Guard Investigative Services Northeast Region; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.

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

HUNTINGTON, W.Va. – Another defendant netted in Operation Saigon Sunset pled guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Malcomb Simmons, of Huntington, also known as “Mac,” 45, entered his guilty plea to an indictment charging him with conspiracy to distribute heroin and fentanyl.  Stuart praised the joint investigation conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.  

“To date, Simmons is the 13^th of 15 defendants that have pled guilty to a federal indictment as a result of Operation Saigon Sunset,” said United States Attorney Mike Stuart.  “Heroin and fentanyl are deadly drugs that have caused tragic deaths of so many of Huntington’s residents.  Project Huntington has certainly achieved great results, but our work is not done until every death causing drug dealer is eradicated from Huntington and other cities throughout the Southern District of West Virginia.”   

Simmons admitted that he conspired with Manget Peterson, also known as “Money,” to distribute heroin and fentanyl in Huntington, West Virginia.  Simmons admitted that he supplied “Money” with heroin and fentanyl for “Money” to add to his heroin to sell in Huntington. 

Simmons faces up to 20 years in federal prison when he is sentenced on January 14, 2019.

The plea hearing was held before United States District Judge Robert C. Chambers.  Assistant United States Attorney Stephanie S. Taylor handled the prosecution.

Follow us on Twitter:SDWVNews  
 

 
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Defendant fraudulently spent over 34,000 dollars

HUNTINGTON, W.Va. – Brandi Moore entered a guilty plea to theft of federal benefits, announced United States Attorney Mike Stuart.  Moore, 38, of  Gallipolis Ferry, Mason County, West Virginia faces up to 10 years of incarceration, a 250,000 dollar fine, three years of supervised release and a 100 dollar special assessment when she is scheduled to be sentenced on January 22, 2019.  She will also be required to pay restitution back to the United States Treasury.  United States Attorney Mike Stuart praised the work of the United States Department of Veterans Affairs, Office of Inspector General and the Federal Bureau of Investigation. 

“Despicable. Stealing veterans benefits,”  United States Attorney Mike Stuart.  “Our veterans have served our country honorably, made tremendous sacrifices and deserve every possible benefit.  Those who steal veterans benefits must be prosecuted.”

Moore had a family member who was a United States Military Veteran.  This veteran died on November 9, 2011.  Moore did not report his death, and the veterans benefits continued to accrue in the designated bank account.  Moore knew she was not entitled to receive or otherwise spend this family member’s money.  From November 2011 through April 2013, Moore accessed the veteran’s bank account and began withdrawing money on 191 separate occasions.  Primarily, Moore used an ATM card to make withdrawals, though she also admitted forging a name on at least one check constituting an endorsement.  The total amount of loss to the United States Treasury was 34,393 dollars.  On April 4, 2017, Moore gave a detailed statement to federal investigators admitting that she withdrew the veterans benefits using an ATM card and was not otherwise entitled to the money.  She also admitted to the agents that she forged an endorsement on a check associated with the VA account. 

Assistant United States Attorney Erik S. Goes and former Assistant United States Attorney Eric Bacaj handled the prosecution.  Judge Robert C. Chambers presided over the hearing.

 Follow us on Twitter: @SDWVNewsand @USAttyStuart 

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CHARLESTON, W.Va. – United States Attorney Mike Stuart is launching a series of community forums over the next few months to discuss public safety issues.  The forums, presented in partnership with West Virginia’s Substance Abuse Prevention Coalitions, will be held at locations throughout the Southern District of West Virginia and invite open discussion on substance abuse, violent crime, school safety, and other public safety issues currently impacting local communities.   City and county government officials, public health officials, school administrators, teachers, parents, students, church leaders, residents and area law enforcement representatives are encouraged to attend the community forums.

“I’m going to do a lot more listening than talking,” said United States Attorney Mike Stuart.  “I want to hear the concerns of the public and to make sure we are doing all we can do to address the needs of our citizens.”

In October, the following community forums will be held from 6:00 – 7:30pm:

Tuesday, October 2 -   Cabell County – Holiday Inn Express, 3551 US Rt. 60 East, Barboursville

Thursday, October 11 – Raleigh County – Raleigh County Convention Center, 200 Armory Drive, Beckley

Tuesday, October 16– Logan County - Word of Life Church, 518 Mud Fork Road, Logan

Tuesday, October 23– Putnam County– Teays Valley Church of the Nazerene, 3937 Teays Valley Road, Hurricane

Doors will open at 5:00pm for networking.

For more information, please email Public Information Officer/Law Enforcement Coordinator Deanna Eder at deanna.eder@usdoj.gov.

SDWVNewsandUSAttyStuart

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U.S. Attorney Erin Nealy Cox today announced the appointment of five new Assistant United States Attorneys: Stephen Rancourt, assigned to the Lubbock Criminal Division; Melanie Smith, assigned to the Dallas Criminal Division’s Violent and Major Crimes Section; Damien Diggs, also assigned to the Dallas Criminal Division’s Violent Crimes Section; Braden Civins, assigned to the Dallas Civil Division; and Abe McGlothin, assigned to the Dallas Criminal Division’s Violent and Major Crimes Section.

All five prosecutors were sworn in Monday morning before Chief U.S. District Judge Barbara M.G. Lynn.

A two-time graduate of the University of Richmond, Mr. Rancourt joins Nealy Cox’s prosecutorial team from the District Attorney’s Office in Wichita County, where he spent six years as an Assistant District Attorney, rising to become First Assistant ADA.

Ms. Smith, an alumnus of Gonzaga University and the University of Virginia School of Law, is happy to be returning to the same district where she clerked for former U.S. District Judge Jorge A. Solis six years ago. In the intervening years, she served in the Department of Justice’s Tax Division in Washington, DC.  

Mr. Diggs joins the Northern District of Texas from the U.S. Attorney’s Office in DC, where he prosecuted homicides and other criminal cases; before that, he worked for the U.S. Department of Education’s Office for Civil Rights. Mr. Diggs earned his undergraduate degree from Towson University and his law degree from American University’s Washington College of Law.

An alumnus of Emory University and the University of Texas School of Law, Mr. Civins previously served as Assistant Attorney General at the Texas Attorney General’s Office’s Civil Medicaid Fraud Division, where he handled complex civil litigation under the Texas Medicaid Fraud Prevention Act.

Mr. McGlothin joins Northern District from the U.S. Attorney’s Office the Southern District of Mississippi, where he prosecuted a wide range of violent crimes and served as the Project Safe Neighborhood Coordinator. He earned his degrees at Jackson State University and the University of Mississippi School of Law.

“I am thrilled to welcome these five exceptional attorneys to the Northern District of Texas today,” said Nealy Cox. “I’m confident they will bring honor to the important work this office does day in and day out.”

          RIVERSIDE, California– An Ontario man who worked as a bankruptcy petition preparer (BPP) surrendered this morning to federal authorities to face criminal charges of lying to the United States Bankruptcy Court about his role in preparing petitions under assumed names and overcharging his clients – actions he took after repeatedly being ordered to cease his activities.

          Hernan Martin Rojas, 49, who operated H.M.R. & Associates in Ontario, surrendered to special agents with the FBI after being named in an indictment returned on September 19 by a federal grand jury.

          The indictment charges Rojas with four counts of making false statements in Bankruptcy Court. Rojas allegedly filed Bankruptcy petitions on behalf of clients from 2016 through this year that failed to disclose that he was the BPP. The filed documents falsely declared, under penalty of perjury, that another person had prepared the paperwork and that the clients were charged a legally permissible $200, when in fact Rojas had charged the clients substantially more, according to the indictment.

          Rojas was found in contempt of court in 2013 for failing to abide by a 2012 injunction that prohibited him from acting as a BPP. As the contempt motion brought by the United States Trustee’s Office pointed out, Rojas had actually violated two prior injunctions issued by Bankruptcy Court judges.

          Rojas is expected to be arraigned on the indictment this afternoon in United States District Court in Riverside.

          An indictment contains allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

          If convicted of the charges in the indictment, Rojas would face a statutory maximum sentence of five years in federal prison for each count.

          The case was investigated by the Federal Bureau of Investigation, which received substantial assistance from the Office of the United States Trustee.

          This case is being prosecuted by Assistant United States Attorney Jerry C. Yang of the Riverside Branch Office.

COLUMBIA, South Carolina ---- United States Attorney Sherri A. Lydon stated today that on October 17, 2018, the United States Attorney’s Office (USAO), as part of Project CeaseFire, is sponsoring South Carolina’s participation in the annual National Day of Concern and Student Pledge Against Gun Violence. On October 17^th, students from around the country will join together in pledging to do their part to end gun violence. Middle-school and high school students will sign a voluntary pledge promising that they will never take a gun to school, will never resolve a dispute with a gun, and will use their influence with their friends to keep them from solving personal problems with guns. Elementary school children will make a simpler commitment. They will pledge that if they see a gun they will not touch it and they will assume that any gun they see might be loaded. 

United States Attorney Lydon said, “Our youth is our future and they deserve to be safe, both at school and at home. Through this pledge event, our office is continuing our efforts to reach South Carolina students and teach them the importance of preventing gun violence.” This national event is important as it gives students around the country the chance to make an affirmation of their ability, individually and collectively, to be a powerful force for change. 

As it has done since 2002, the USAO reached out to all South Carolina law enforcement agencies and schools to make the pledges available to interested schools. In addition to providing the pledges, the USAO is coordinating with our law enforcement partners to provide speakers to requesting schools. This pledge effort is part of Project CeaseFire. 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. 

Schools and law enforcement agencies have until September 28^th to register to participate in this event. For more information on how to participate, please see the attached memorandum and request form.  For additional information concerning the national pledge program, visit the Student Pledge web site at www.pledge.org .

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LAFAYETTE, La. –United StatesAttorney David C. Joseph and Assistant Attorney General for National Security John C. Demers announced thata Fort Polk soldier was sentenced Monday to 135 months in prison for manufacturing and detonating a chemical weapon in the Kisatchie National Forest adjacent to the Fort Polk Army installation.

Ryan Keith Taylor, 24, of New Llano, Louisiana, was sentenced by U.S. District Judge Jay C. Zainey for producing, possessing, and using a chemical weapon in violation of federal law. He was also sentenced to five years of supervised release.According to the June 11, 2018 guilty plea, Taylor detonated an explosive device containing chlorine gas on the morning of April 12, 2017 in the Kisatchie National Forest near Fort Polk. Three U.S. Army soldiers who were conducting a training exercise nearby heard the explosions and found Taylor standing near his vehicle filming the explosion with his cell phone. They then questioned Taylor and reported the incident to military police.

Upon arriving at the site of the explosion, Fort Polk military police investigators examined the scene and began collecting samples at the blast site. One investigator filled a plastic bag with a rock coated in an unknown substance. The bag immediately popped, and the investigator’s plastic gloves and boots began to melt. He also began to experience difficulty breathing and his skin started burning. Law enforcement later detained Taylor at Fort Polk and searched his vehicle. During the search, investigators found remnants of the explosive device and chlorine residue, which one investigator inhaled and touched, causing him to be hospitalized. During the course of the investigation, law enforcement agents found bomb-making notes, materials and chemical residue in Taylor’s vehicle, apartment and storage building. The two victims who inhaled the chlorine gas were treated multiple times for their injuries and effectively ended their military careers.

“Supporting and protecting our soldiers is of utmost importance to my office,” Joseph stated. “Those serving our country put their lives on the line daily to protect us.   They should not be put in danger needlessly. The chemical weapon the defendant created in this case is banned under international and national laws because of its terrible effects on the human body.  I want to thank our U.S. military, federal and local law enforcement for their combined effort investigating this case and bringing this defendant to justice.”

“Taylor produced and detonated a chemical bomb near Fort Polk, causing injury to his fellow soldiers who responded to and investigated the incident.” said Assistant Attorney General Demers.  “Today’s sentence holds Taylor accountable for his crime and makes clear that we will not tolerate such conduct.  I want to thank the agents and prosecutors who are responsible for this result and our military and local law enforcement partners for their significant contributions to this investigation.”

The U.S. Army Directorate of Emergency Services, Military Police, Criminal Investigation Command, and Military Intelligence/Army Counterintelligence Gulf Coast at Fort Polk, Louisiana; the FBI and the FBI’s Joint Terrorism Task Force; the Louisiana State Police; the Vernon Parish Sheriff’s Office; and local police and fire agencies in Vernon Parish investigated the case.

U.S. Attorney David C. Joseph, Assistant U.S. Attorney Daniel J. McCoy, Special Assistant U.S. Attorney Dennis E. Robinson, and Trial Attorney David Cora of the National Security Division’s Counterterrorism section prosecuted the case.

A man who received and possessed child pornography was sentenced on September 20, 2018, to over 12 years in federal prison.

Christopher Scruggs, age 50, formerly from Dubuque, Iowa, received the sentence after an April 2, 2018, guilty plea to one count of receipt of child pornography and one count of possession of child pornography.  At the plea hearing, Scruggs admitted that, between 2009 and 2014, he received and possessed child pornography. 

Scruggs was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Scruggs was sentenced to 151 months’ imprisonment.  A special assessment of $200 was imposed, and he was ordered to make $21,500 in restitution, with most of this restitution going to several victims depicted in images he possessed.  Scruggs must also serve a five-year term of supervised release, and he must comply with all sex offender registration and public notification requirements.

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque County Sheriff’s Office, the Scott County Sheriff’s Office, the Davenport Police Department, the Dubuque Police Department, and the Clinton County Sheriff’s Office.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 17-1048. 

Follow us on Twitter @USAO_NDIA.

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Douglas Sheaffer, age 56, of Port Royal, Pennsylvania, was indicted on September 19, 2018, by a federal grand jury with ten counts of mail and wire fraud.

According to United States Attorney David J. Freed, the indictment alleges that between January 2010 and May 2016, Sheaffer, a former President, sole owner, and manager of Perry Petroleum Equipment Ltd., Inc. (PPE), engaged in a scheme to defraud business acquaintances, family, and friends by, among other things, falsely representing to them that the money they agreed to loan to Sheaffer and PPE would be used to fund the purchase of fuel tanks and other equipment PPE used in its operations.  The indictment alleges that Sheaffer used the loan proceeds to pay for personal expenses such as gambling and business expenses such as PPE payroll, insurance, federal taxes, and state taxes.  It is also alleged that Sheaffer solicited and received more than $1,000,000.00 in loans from more than twenty lenders. 

The case was investigated by the Federal Bureau of Investigation.  Assistant Joseph J. Terz is prosecuting the case.

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

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

The maximum penalty under federal law for these offenses is 40 years of imprisonment, a term of supervised release following imprisonment, and a $1,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that William Fischer, age 46, of Dunmore, Pennsylvania, was sentenced on September 21, 2018, by United States District Court Judge Malachy E. Mannion to 235 months’ imprisonment for robbing 14 banks and brandishing firearms during the course of those robberies.

According to United States Attorney David J. Freed, Fischer robbed 14 banks located throughout northeastern Pennsylvania between December 1, 2015 and September 13, 2017.  Fischer was apprehended shortly after the September 13, 2017 robbery by the Pennsylvania State Police.  For 12 of the offenses, Fischer robbed the banks while armed with a firearm.  He also was convicted of brandishing a firearm during a crime of violence.  Fischer wore a ballistic vest during the robberies and was arrested with a loaded assault rifle and a loaded handgun.  Fischer’s crime spree netted $203,779.30; law enforcement recovered $16,769.00 of the stolen funds.

In addition to the sentence of imprisonment, Judge Mannion ordered that Fischer pay $187,010.30 to the victims of his crimes.  The United States forfeited $29,697.75 of Fischer’s assets, 24 firearms, ammunition, a suppressor, and other firearms components.

The matter was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and by numerous local law enforcement authorities throughout northeastern Pennsylvania.  Assistant United States Attorney Phillip J. Caraballo prosecuted the case.

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

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HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jamar McMillan, age 34, of Harrisburg, Pennsylvania, was sentenced on September 21, 2018, to 20 years’ imprisonment and four years supervised release by Chief United States District Court Judge Christopher C. Conner for possession with the intent to distribute heroin, PCP, and synthetic marijuana, possession of a stolen firearm as a previously convicted felon and in furtherance of a drug trafficking crime.   

According to United States Attorney David J. Freed, McMillan was convicted by a jury in March 2018, following a three-day trial before Chief Judge Conner.  The case arose as a result of an arrest of McMillan in August 2015.  During his arrest, officers found heroin, PCP and synthetic marijuana on his person, and located a craftsman soft pouch on the driver’s seat of his vehicle, containing a stolen loaded .45 Heckler and Koch pistol, a balaclava face mask and a phone. The face mask and firearm were processed by the PA State Police laboratory and McMillan’s DNA was found on the items.

The case was investigated by the Harrisburg Police Department Vice Unit and the Federal Bureau of Investigation.  Assistant U.S. Attorney Chelsea Schinnour prosecuted the case. 

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

This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

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BOSTON – A Lawrence man was sentenced in federal court in Boston yesterday for his role in an opioid trafficking conspiracy involving the distribution of fentanyl, heroin, and oxycodone across Massachusetts and Florida.

Johnny Urena, 30, was sentenced by U.S. District Court Judge Denise J. Casper to five years in prison and four years of supervised release. In April 2018, Urena pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl, one count of conspiracy to distribute and to possess with intent to distribute oxycodone, and one count of conspiracy to launder monetary instruments.

Urena was arrested along with several others in March 2017 for their roles in a widespread conspiracy involving opioid trafficking and money laundering offenses in Massachusetts and Florida. Their arrests were the result of a three-year federal investigation into opioid-trafficking in New England.

From at least 2013, Urena conspired with co-defendants to sell quantities of heroin and/or fentanyl in Massachusetts, and to receive, transport, and distribute large quantities of oxycodone pills shipped from Florida to Massachusetts. Urena then deposited the cash proceeds of drug sales into various funnel bank accounts in order to conceal the nature and ownership of the funds.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Field Division; John Gibbons, U.S. Marshal for the District of Massachusetts; and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Biddeford (Maine), Framingham, Haverhill, Lawrence, Manchester (N.H.), Methuen, Millis, Natick, Stoughton, and Waltham Police Departments. Assistant U.S. Attorneys Nadine Pellegrini and Craig Estes of Lelling’s Office prosecuted the case.

United States Attorney Matthew Krueger of the Eastern District of Wisconsin joined the Department of Justice in announcing more than $113 million in grant awards to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities. This includes four grants totaling $2,934,228 to the Menominee Indian Tribe of Wisconsin and two grants totaling $507,684 to the Oneida Tribe of Indians of Wisconsin. The Menominee Indian Tribe received funding for Community Policing, Violence Against Women, Substance Abuse, and Victim Assistance. The Oneida grants were for Alcohol / Substance Abuse and Youth Programs.

United States Attorney Matthew Krueger stated "Native Americans suffer from violent crimes at far too high of rates. These grants underscore the Department of Justice's commitment to working together with Native American communities to reduce such violence."

Nationwide, grants were awarded to 133 American Indian tribes, Alaska Native villages, and other tribal designees through the Coordinated Tribal Assistance Solicitation, a streamlined application for tribal-specific grant programs. Of the $113 million, just over $53 million comes from the Office of Justice Programs, more than $35 million from the Office on Violence Against Women, and more than $24.7 million from the Office of Community Oriented Policing Services.

In addition, the Department is in the process of allocating up to $133 million in a first-ever set aside program to serve victims of crime in American Indian and Alaska Native communities. The awards are intended to help tribes develop, expand and improve services to victims of crime by providing funding, programming and technical assistance. Recipients will be announced in the near future. 

“With these awards, we are doubling the amount of grant funding devoted to public safety programs and serving victims of crime in Native American communities,” said Principal Deputy Associate Attorney General Jesse Panuccio. “There is an unacceptable level of violent crime and domestic abuse in American Indian and Alaska Native communities. This increase in resources, together with our aggressive investigation and prosecution of crimes, shows how seriously Attorney General Sessions and the entire Department of Justice take these issues. We are committed to reducing violent crime and improving public safety.”

CTAS awards cover nine purpose areas: public safety and community policing; justice systems planning; alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs. CTAS funding helps tribes develop and strengthen their justice systems’ response to crime, while expanding services to meet their communities’ public safety needs.

The grant announcements are part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.

A listing of today’s announced CTAS awards is available at: www.justice.gov/tribal/page/file/1095161/download.

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