ALBUQUERQUE – Edward Hartley, 37, of Las Cruces, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of firearms and ammunition.

Hartley was arrested on June 27, 2018, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on June 8, 2018, in Dona Ana County, N.M.  According to the complaint, Las Cruces Police Department (LCPD) officers responded to a weapons call at a residence in Las Cruces that an individual allegedly pointed a gun at a female and a child.  When the LCPD officers arrived at the scene, they observed Hartley walking down the street, and after seeing the LCPD officers, Hartley attempted to flee the area and was seen throwing  a firearm into the front yard of a residence.  Officers subsequently located a handgun magazine loaded with ammunition and a loaded firearm in front yards near the area where Hartley was running.

According to the criminal complaint, Hartley, who was then under state indictment for being a felon in possession of a firearm or destructive device, had multiple prior felony convictions including convictions for second degree murder, drug trafficking, conspiracy to commit drug trafficking, possession of a firearm or destructive device by a felon, and possession of drug paraphernalia.  He was prohibited from possessing firearms or ammunition because of his prior felony convictions.

During today’s change of plea hearing, Hartley pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Hartley admitted that on June 8, 2018, he fled from LCPD officers, and during his flight, discarded a firearm.  Hartley acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. 

At sentencing, Hartley faces a maximum penalty of ten years in federal prison.  He remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Cruces Police Department.  Assistant U.S. Attorney Luis A. Martinez is prosecuting the case.

TULSA, Okla. – United States Attorney Trent Shores announced that the Department of Justice has awarded $157,000 to combat violent crime in the Northern District of Oklahoma in conjunction with the Oklahoma District Attorneys Council as part of its Project Safe Neighborhoods (PSN) grant funding. 

U.S. Attorney Shores explained that the funds will be used to support Task Force Officers’ participation in PSN initiatives, like Operations Blue Thunder and Alpha, which have been conducted over the last year. Task Force Officers are state, local, and tribal law enforcement officers who participate in federal enforcement initiatives through multi-jurisdictional task forces.

Oklahoma’s Office of Juvenile Justice and Delinquency Prevention will also receive $549,058 in PSN funding for areas like juvenile intervention and substance abuse programs.

On Wednesday, Attorney General Sessions commemorated the reinvigoration of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  In support of the Department’s PSN programs throughout the country, the Attorney General also announced awards of almost $28 million in grant funding to combat violent crime through PSN and another $3 million for training and technical assistance to develop and implement violent crime reduction strategies and enhance services and resources for victims of violent crime. Over the past year, the Department has partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make American neighborhoods safer.

“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs.  I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face.  Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”  

U.S. Attorney Shores added, “Our Oklahoma partners are committed in the fight against violent crime, and I stand with them. I remain dedicated to prosecuting the most violent, often repeat, alpha offenders who threaten our neighborhoods. It is also vital to intervene and provide opportunities for our youth at risk. It is critical they are provided positive alternatives to a life of crime or substance abuse. I commend those community organizations and leaders who guide Oklahoma’s youth. They are the front lines. Project Safe Neighborhoods works best to reduce violent crime when the entire community unifies for the common good.”

Tulsa Police Chief Chuck Jordan said, “Any collaboration in which the Tulsa Police Department engages with our partner agencies is always a force multiplier. We could not be more excited about the opportunity to work with our Federal partners in addressing the violent crime issues in our community. Previous initiatives have been extremely successful and we are looking forward to further success with Project Safe Neighborhoods.”

PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Through the enhanced PSN, the Department is targeting the most violent criminals in the most violent areas, utilizing policing tools that did not exist even a few years ago. Tools like crime gun intelligence centers (CGIC), which combine intelligence from gunshot detection systems, ballistics, gun tracing, and good old-fashioned police work, help to develop real-time leads on the “traffickers and trigger pullers” who are fueling the violence in their communities. By using modern technologies and cutting-edge police work, the Justice Department is deploying resources strategically to provide the greatest return on our community-based anti-violence efforts. 

United States Attorneys across the country are using powerful federal laws against the criminals driving the violent crime in their communities. In fiscal year 2018, the Department brought cases against more violent criminals than ever before—increasing by approximately 15 percent than the Department’s previous record set just last year. Additionally, in 2018 the Department set another record by charging approximately 20 percent more criminals with federal firearms offenses than it had in 2017, which is the most in the Department’s history.  

In the last fiscal year, the U.S. Attorney’s Office in the Northern District of Oklahoma increased prosecution of violent crime by 23.5 percent. Operations Alpha and Blue Thunder, two local, state and federal law enforcement and prosecution initiatives, targeted and netted some of Tulsa’s most violent, armed criminals this fiscal year. The PSN operations together resulted in 276 felony arrests and seizure of 154 illegally possessed firearms.

The murder rate in Tulsa has decreased since Project Safe Neighborhoods was re-invigorated. According to UCR crime statistics for Tulsa, posted on the Tulsa Police Department’s web site, were 36 fewer homicides in fiscal year 2018 when compared to fiscal year 2017. You may find the statistics here.

Notable PSN cases included the prosecution of Shawn Dale Sexton. Sexton had seven previous felony convictions, including Assault with a Dangerous Weapon and Aggravated Assault and Battery, when he was involved in a shooting in Creek County. He then drove through Bristow repeatedly discharging a weapon, seriously injuring multiple victims. Sexton was successfully prosecuted and sentenced to 25 years in federal prison. Also part of PSN was the prosecution of Michael Newlin and Brandon Mendinghall. The two men carjacked a mother at gunpoint, then evaded police, firing multiple rounds at a Tulsa police officer.  Both were charged in United States District Court and entered pleas of guilty. They are currently awaiting sentencing. Per his plea agreement, Newlin agreed to a sentence of 32 years in federal prison. 

The Department of Justice has already started to observe positive signs of progress. The FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent. The preliminary information for 2018 shows that the Department’s efforts are continuing to pay off. Public data from 60 major cities show that violent crime decreased by nearly five percent in those cities in the first six months of 2018 compared to the same period one year earlier. 

The grants announced today build on Attorney General Sessions’ commitment to reducing violent crime in America, as directed by President Trump’s February 2017 Executive Order. The Department has distributed additional resources and built up strong partnerships with local law enforcement in communities plagued by violent crime. Since the announcement of the reinvigoration of the PSN program in October 2017, the Department of Justice has increased the number of federal prosecutors focused on violent crime by over 300, directed its resources to improving cooperation between federal and local law enforcement agencies, restored local control of police agencies by reining in excessive use of consent decrees, reformed civil asset forfeiture and restored asset-sharing with state and local law enforcement, and helped fund over 800 hundred officers in police departments across America.

United States Attorney Ron Parsons announced that a Kyle, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Raymond Bull Bear, age 35, was sentenced on October 2, 2018, to 18 months in federal prison, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Bull Bear was indicted for the charge by a federal grand jury on December 15, 2015.  The charge related to Bull Bear conspiring with others to distribute more than 80 kilograms of marijuana in the District of South Dakota between 2012 and 2015.

This case was investigated by the South Dakota Division of Criminal Investigation, Bureau of Indian Affairs - Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

Bull Bear was immediately turned over to the custody of the U.S. Marshals Service.

TYLER, Texas – A 33-year-old pilot, formerly of Kemah, Texas, has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

            Theodore Robert Wright, III, pleaded guilty on Dec. 7, 2017, to conspiracy to commit wire fraud and conspiracy to commit arson and was sentenced to 65 months in federal prison today by U.S. District Judge Ron Clark.  Wright was also ordered to pay restitution in the amount of $988,544.83. 

            According to information presented in court, Wright led a multi-jurisdictional fraud and arson scheme that spanned from Hawaii to the Gulf of Mexico and involved the destruction of various luxury goods, including vehicles, aircraft, and vessels.  Wright and his co-conspirators, Shane Gordon, 46, and Raymond Fosdick, 42, both of Houston, and Edward Delima, 42, of Honolulu, Hawaii, acquired luxury goods and obtained insurance coverage for those goods in amounts exceeding their purchase prices.  Wright and his co-conspirators then devised and carried out schemes to destroy those goods and defraud insurance companies.

The various assets destroyed in the scheme included a 1966 Beechcraft Baron, a 2008 Lamborghini Gallardo, a 1971 Cessna 500, and a 1998 Hunter Passage.  The Beechcraft Baron made an emergency landing in the Gulf of Mexico, sank in deep water, and was not recovered.  The Lamborghini Gallardo crashed into a ditch full of water, causing the vehicle to flood.  The Cessna 500 was completely destroyed when Fosdick set it on fire at Wright’s direction at an airport in Athens, Texas.  The Hunter Passage sank in a marina in Hawaii.  Fraudulent insurance claims were filed in relation to each of these incidents.  Wright and his co-defendants also filed a fraudulent $1 million personal injury lawsuit related to the crash in the Gulf of Mexico.  The suit was settled for $100,000.

On May 17, 2017, Wright, Gordon, Fosdick, and Delima were charged with various offenses related to their conduct in the scheme in the Eastern District of Texas.  Wright’s co-conspirators have all pleaded guilty. Delima pleaded guilty to conspiring to commit wire fraud and was sentenced to a five-year term of probation.  Fosdick pleaded guilty to conspiring to commit wire fraud and conspiring to commit arson and on Jan. 24, 2018, was sentenced to 39 months in federal prison.  Gordon pleaded guilty to making false statements to a federal agent and was sentenced to 24 months in federal prison today and ordered to pay restitution in the amount of $440,000.

“This kind of fraud causes everyone to pay higher insurance rates,” said U.S. Attorney Joseph D. Brown.  “Just having those nice things destroyed is a shame.  And for someone to cheat and make money off of it is particularly troubling.”

“Fraud victimizes businesses and costs Americans billions of dollars every year,” said ATF Special Agent in Charge Jeffrey C. Boshek II. “The deception carried out by Mr. Wright is particularly alarming due to the callous use of arson and staged emergencies which have the potential to place the public and first responders in danger.”

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the FAA Law Enforcement Assistance Program, the Texas Department of Insurance, and the National Insurance Crime Bureau.  It was prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and L. Frank Coan, Jr. with the assistance of Assistant U.S. Attorney Robert Wells.

ALBUQUERQUE – Robert C. Ponce, 43, of Carlsbad, N.M., pled guilty today in federal court in Las Cruces, N.M., to drug trafficking and firearms offenses.  Ponce is the eighth of the ten defendants charged as the result of a multi-agency investigation into a criminal organization that was trafficking large quantities of methamphetamine and firearms in southeastern New Mexico to plead guilty. 

The investigation initiated by the DEA, ATF and the HIDTA Region VI Pecos Valley Drug Task Force and initially targeted a methamphetamine trafficking organization operating in southeastern New Mexico that was supplied by Daniel P. Bruton, 39, of Artesia, N.M., and Marcos A. Martinez, 31, of Roswell, N.M.  The investigative team quickly expanded to include HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office, and the investigative targets expanded to include other drug traffickers in Eddy and Chaves Counties.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  During the investigation, law enforcement authorities seized more than 2.5 kilograms of methamphetamine and 44 firearms.

Ponce, Bruton and Martinez were charged along with seven other co-defendants in a 34-count indictment filed on Oct. 3, 2017.  The indictment alleged that Martinez, Bruton and their co-defendants conspired to violate the federal narcotics trafficking and firearms laws from May 2017 through Oct. 2017 in Eddy and Chaves Counties and elsewhere in New Mexico.  The indictment includes 55 overt acts that discussed the conspiracy’s operations, including the quantities of methamphetamine, ranging from multiple ounces to five pounds, allegedly distributed by the defendants on a routine basis.  It also describes the firearms, including assault rifles that allegedly were to be smuggled into Mexico, allegedly used by the defendants in relation to their drug trafficking activities. 

During today’s proceedings, Ponce pled guilty to conspiracy, use of a communication facility to further the commission of a drug trafficking crime, possession of methamphetamine with intent to distribute and being a felon in possession of a firearm.  In entering the guilty plea, Ponce admitted that during July 2017, he conspired with his co-defendants to distribute methamphetamine in Eddy County.  Ponce further admitted that on July 28, 2017, he was in possession of approximately two ounces of methamphetamine and a loaded firearm located in his vehicle when he fled from law enforcement officers.  Ponce admitted that if the methamphetamine had not been seized by law enforcement, it was his intention to distribute the methamphetamine to other individuals.  Ponce acknowledged that he was prohibited from possessing firearms or ammunition in July 2017, because of his prior felony convictions for possession of a controlled substance, being a felon in possession of a firearm, aggravated assault with a deadly weapon and forgery.

At sentencing, Ponce faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison.

Seven of Ponce’s co-defendants have entered guilty pleas and three have been sentenced:  Chelcy A. Vasquez, 26, of Dexter, N.M., pled guilty on Feb. 5, 2018, and was sentenced on July 18, 2018; Erick L. Miranda-Santos, 22, of Artesia pled guilty on April 5, 2018, and was sentenced on Sept. 18, 2018; Kenneth R. Dickerson, 57, of Carlsbad, pled guilty on June 27, 2018, and was sentenced on Sept. 6, 2018; Isela Hernandez, 27, of Roswell pled guilty on April 16, 2018; Martinez pled guilty on June 14, 2018; Linda M. Watts, 28, of Carlsbad pled guilty on June 20, 2018; and Burton pled guilty on July 6, 2018. 

Sentencing hearings for Ponce, Burton, Martinez, Watts and Hernandez have yet to be scheduled.

Two co-defendants, Jerry O. Twaddle, 38, and Ethan G. Watts, 28, both of Carlsbad, have entered pleas of not guilty to the charges against them.  Charges in indictments and criminal complaints are only accusations.  Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

These cases were investigated by the DEA, ATF, HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the HIDTA Region VI Pecos Valley Drug Task Force, the HIDTA Region VI Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office.  Assistant U.S. Attorneys Clara N. Cobos and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases filed as the result of the investigation.

The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force.  The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

FRESNO, Calif. — A federal grand jury returned a six-count indictment today against Ruben Gonzalo Duran-Sanchez, 42, and Daniel Delgado, 27, both Mexican nationals, charging them with conspiracy to distribute and possess with intent to distribute methamphetamine and possession of firearms in furtherance of a drug trafficking offense, U.S. Attorney McGregor W. Scott announced. Delgado is also charged with assault on a federal officer.
According to court documents, on September 26, 2018, the defendants were arrested when they went to Shafter to sell 10 pounds of crystal methamphetamine to a confidential source. Sanchez was arrested without incident and was found to possess a stolen and loaded Sig Sauer .380 pistol. Delgado, resisted arrest, and in his attempt to flee, rammed into a California Highway Patrol vehicle and a DEA undercover vehicle injuring an officer. A high-speed car chase ensued, resulting in Delgado driving his vehicle off the road and into a vineyard where he then attempted to flee on foot. A law enforcement canine was utilized to locate and assist in the apprehension of Delgado. Delgado was found to possess a loaded and stolen 9 mm Berretta with obliterated serial number. Approximately 13 pounds of methamphetamine were recovered from the defendants.
This case is the product of an investigation by the DEA, the Bakersfield Police Department and the California Highway Patrol. Assistant U.S. Attorney Brian K. Delaney is prosecuting the case. 
If convicted, both defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
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.

TEXARKANA, Texas – A 79-year-old Hooks, Texas, man has pleaded guilty to federal firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Robert D. Whittington, III, a retired Lt. Colonel with the U.S. Army, pleaded guilty to being a felon in possession of a firearm and felon in possession of ammunition today before U.S. Magistrate Judge Caroline Craven.           

          According to information presented in court, on Mar. 7, 2018, federal agents executed a search warrant at Whittington’s residence on Avenue D in Hooks, Texas.  During the search, officers discovered 119 firearms and over 19,000 rounds of ammunition.  Whittington was convicted of terrorizing on Jan. 3, 2011 in Bossier Parish, LA, and as a convicted felon is prohibited from owning or possessing firearms or ammunition.  Whittington was indicted by a federal grand jury in the Eastern District of Texas on May 16, 2018.  

Under federal statutes, Whittington faces up to 10 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Bossier Parish Sheriff’s Office and prosecuted by Assistant U.S. Attorney Jim Noble.

SACRAMENTO, Calif. — A federal grand jury returned an eight-count indictment today against Jack Ray Snyder, 61, of Truckee, charging him with tax evasion and filing false tax returns, U.S. Attorney McGregor W. Scott announced.
According to court documents, between 2012 and 2014, Jack Ray Snyder filed false tax returns that failed to report significant income, deducted non-deductible personal expenses, and overreported his property taxes.
This case is the product of an investigation by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Roger Yang is prosecuting the case.
If convicted, Snyder faces a maximum statutory penalty of five years in prison and a $100,000 fine for each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

ALBUQUERQUE – John Hanrahan, 57, of Albuquerque, N.M., pled guilty today in federal court to heroin and methamphetamine trafficking charges without the benefit of a plea agreement.  At sentencing, Hanrahan faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  However, if the court determines that Hanrahan is a career offender, he faces a prison sentence within the range of 30 years to a maximum of life imprisonment. 

Hanrahan, whose prior criminal history includes felony convictions for conspiracy, armed robbery, conspiracy to commit fraudulent use of credit cards, aggravated battery on a police officer, and aggravated assault with a deadly weapon, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.

DEA agents arrested Hanrahan in March 2016, when they executed a state search warrant at his residence and seized approximately 1961 grams of heroin, 128 grams of methamphetamine and more than $15,000 in cash. 

Hanrahan subsequently was indicted on April 12, 2016, and was charged with possession of heroin and methamphetamine with intent to distribute.  According to the indictment, Hanrahan committed the offenses on March 17, 2016, in Bernalillo County, N.M.

Hanrahan has been in federal custody since his arrest and remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque offices of the DEA and FBI.  Assistant U.S. Attorneys Kristopher N. Houghton and Alexander M. Uballez are prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. 

GREAT FALLS - The United States Attorney’s Office announced today that 63-year old Jewell Kipp of Great Falls was sentenced to 94 months in prison, 5 years of supervised release, and a $100 special assessment.  U.S. District Judge Brian M. Morris presided over the hearing.  

Beginning in the fall of 2017, and continuing into early 2018, Kipp distributed large quantities of methamphetamine in Great Falls, Montana.  The Russell Country Drug Task Force ultimately seized approximately 220 grams of actual methamphetamine from Kipp over the course of five months.  The defendant was held responsible for distributing this amount of methamphetamine, which converts to 1,760 individual doses of the drug.

Through this investigation, law enforcement further learned the defendant had numerous customers throughout Great Falls, and she had access to pound quantities of methamphetamine.  Kipp also has numerous prior felony convictions for methamphetamine.

The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Russell Country Drug Task Force and Homeland Security Investigations.

The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana.  A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime.  Today’s sentencing is part of the Project Safe Neighborhoods program.

CLARKSBURG, WEST VIRGINIA – Philip K. Finley and Nicoma L. Knight, both of Clarksburg, West Virginia, were indicted this week by a federal grand jury sitting in Wheeling on drug distribution and firearms charges, United States Attorney Bill Powell announced.

Finley, age 51, is charged with one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine,” one count of “Distribution of Methamphetamine – Aiding and Abetting,” four counts of “Distribution of Methamphetamine,” two counts of “Possession With the Intent to Distribute Methamphetamine,” one count of “Possession With the Intent to Distribute Heroin,” one count of “Possession of Firearm in Furtherance of Drug Trafficking Crime,” and one count of “Unlawful Possession of a Firearm.” 

Knight, age 23, is charged with one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine.” 

Finley and Knight are accused of distributing methamphetamine in Harrison County from March until September 2018.

Finley and Knight face 10 years to life incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

The government is also seeking forfeiture of the following:

•    $173,442 in cash;
•    Smith & Wesson 5-shot revolver, model 60, .38 Special caliber;
•    Taurus International MFG., INC. 5-shot revolver, model 650, .357 Magnum caliber;
•    Beemiller, INC. semi-automatic pistol, model CF380, .380 ACP caliber;
•    Savage Arms, INC. bolt-action rifle, model 93R17, .17 HMR caliber;
•    Savage Arms, INC. bolt-action shotgun (“Stevens”), model 59A, .410 gauge;
•    Stevens, J., Arms Company pump-action shotgun, model 620, 12-gauge;
•    Union Firearms Company pump-action shotgun, model 24, 12-gauge;
•    Harrington & Richardson, INC. break-open action shotgun, model 158, 12-gauge;
•    Crescent Firearms Company break-open action shotgun (“Sears, Roebuck and Company”) model: Unknown, 16-gauge;
•    Winchester break-open action shotgun, model 840, 12-gauge;
•    Stevens, J., Arms Company break-open action shotgun (“Off-Hand”), model NO. 35, 12-gauge;
•    Sturm, Ruger & Co. semi-automatic rifle, model Mini-Thirty, 7.62x39 caliber, with high capacity magazine;
•    Cobray Industries single-shot pistol, model D, .45 caliber;
•    Colt’s Manufacturing Company, LLC semi-automatic pistol, model Colt Automatic, .25 caliber;
•    Taurus International MFG., INC. 6-shot revolver, model 669, .357 Magnum caliber;
•    Lorcin Engineering Co., INC. semi-automatic pistol, model L-22, .22 caliber;
•    Beretta semi-automatic pistol, model Px4 Storm, .40 S&W caliber; 
•    Nine (9) assorted .40 caliber pistol cartridges;
•    Five (5) CBC –Brazilian Cartridge Company pistol cartridges; 
•    Nine (9) .357 caliber pistol cartridges; 
•    Five (5) Aguila .380 pistol cartridges
•    Four (4) assorted .25 caliber pistol cartridges; and
•    One-Hundred Sixty (160) assorted multi-caliber pieces of ammunition.

This case was brought as 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 U.S. Attorney Traci M. Cook is prosecuting the cases on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated. 

An indictment is merely an accusation. A defendant is presumed innocent unless and until prove

SACRAMENTO, Calif. — An indictment was unsealed following the arrests today of two defendants in Medellin, Colombia, for a lottery fraud scheme, U.S. Attorney McGregor W. Scott announced.
On August 23, 2018, a federal grand jury returned a 41-count indictment against Alexander Franco Gutierrez, 40, of Medellin, Colombia; Eduardo Cartagena, 43, of Medellin, Colombia; and Oldaim Lopes, 39, of Calgary, Canada, charging them with conspiracy to commit mail and wire fraud, mail and wire fraud, and conspiracy to commit money laundering related to a fake sweepstake scheme that targeted victims over the age of 55. Gutierrez and Cartagena were arrested in Colombia. Lopes remains out of custody in Canada and is being informed of the charges.
According to court documents, Gutierrez and his co-conspirators contacted elderly individuals in the Eastern District of California and elsewhere telling them that they had won a lottery or sweepstakes in the millions of dollars, but had to prepay taxes or insurance fees prior to getting their prize. The conspirators used various means to convince the victims of the lottery or sweepstakes’ authenticity and to avoid detection, including using false aliases, having one victim mail another checks disguised as “investments,” and instructing victims to lie to bank tellers and family members about what purpose the checks or money orders served. In all, dozens of victims over the age of 55 were targeted in the telemarketing scheme, which caused actual losses of at least $1.4 million.
Lopes and Cartagena then conspired with Gutierrez to move the resulting money out of the United States and conceal its nature and source.
This case is the product of an investigation by the Federal Bureau of Investigation and IRS Criminal Investigation. Significant assistance was provided by the Justice Department’s Office of International Affairs. Assistant U.S. Attorney Matthew M. Yelovich is prosecuting the case.
If convicted, Gutierrez faces a maximum statutory penalty of 30 years in prison and a $250,000 fine for each of the mail and wire fraud counts as well as the conspiracy to commit mail and wire fraud. All three defendants face a maximum of 20 years of in prison and a fine of up to $500,000, or twice the value of the monetary instrument or funds involved, whichever is greater, for the conspiracy to commit money laundering. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
The U.S. Department of Justice has partnered with Senior Corps, a national service program administered by the Corporation for National and Community Service, a federal agency, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans. Using its vast network operating in more than 30,000 locations, Senior Corps volunteers will communicate about elder fraud to potential victims across the country and will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them. 
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.

Defendant had  a prior deportation in 2012

CHARLESTON, W.Va. – A Guatemalan national man entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Domingo Celestino Pacheco-Us, 37, faces up to two years of incarceration when he is sentenced on February 19, 2019.  Pacheco-Us  is also subject to deportation proceedings at the conclusion of any sentence.   Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).

“I applaud ICE agents for ensuring our immigration laws are followed by individuals entering the United States,” said United States Attorney Mike Stuart.  “ICE is a critically important  enforcement tool for the United States.  We have been and will continue to prosecute those that violate those laws and enter this great country illegally.”

On August 15, 2018, Pacheco-Us was found in Ripley, Jackson County, West Virginia by members of ICE after receiving a tip that individuals were in the country illegally and working at a restaurant in Ripley, West Virginia.  Pursuant to this investigation,  ICE agents approached Pacheco-Us and he surrendered to them, offering a Guatemalan identification document. Agents immediately confirmed that Pacheco-Us was not in the United States legally, and took him into federal custody.

Pacheco-Us fingerprints matched him to a 2012 prior encounter where he was found in South Komelik, Arizona on October 8, 2012 and deported from the United States to Guatemala on October 31, 2012.   He illegally reentered the United States prior to his capture in 2018.  Pacheco-Us had not obtained permission to legally enter the United States and had not sought legal status or citizenship.  Pacheco-Us admitted to ICE agents that he was a Guatemalan citizen and subject to deportation proceedings both in 2012 and also in 2018.

Assistant United States Attorney Erik S. Goes is responsible for the prosecution. United States District Judge Irene C. Berger presided over the hearing.

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CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Anthony Michael Mowery, 42, of Parkersburg, was sentenced today to 63 months in prison for possessing a firearm after having been convicted of a felony.  Stuart commended the efforts of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

“Between his federal convictions for meth trafficking and possessing a firearm as a convicted felon, Mowery will now serve a total of almost 15 years in federal prison,” said United States Attorney Mike Stuart.  “No doubt Parkersburg is a safer city with Mowery behind bars.”

Mowery pled guilty in July 2018, admitting that he possessed a Hi Point 9mm semiautomatic pistol during an argument he had with Joseph Daniel Mills near the little league baseball field in the vicinity of Buckeye Street and Camden Avenue in Parkersburg.  Video evidence provided by Mills showed Mowery brandishing a pistol at Mills from the passenger seat of a vehicle.  During the altercation, Mowery fled with the driver, abandoning the vehicle at the scene.  Police recovered nine millimeter ammunition from the vehicle and a Hi Point pistol and magazine in the field nearby.   Mowery was prohibited from possessing the firearm as a result of his previous felony convictions for child abuse and unlawful assault.  In an unrelated matter, Mills has since been convicted of methamphetamine trafficking and was sentenced on May 25, 2018 to 108 months in federal prison. 

United States District Judge Joseph R. Goodwin imposed the sentence.  Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

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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CHARLESTON, W. VA – Donald Wayne McCune of St. Albans was sentenced today to 46 months in prison for the distribution of methamphetamine and being a felon in possession of firearms, announced United States Attorney Mike Stuart.  Stuart commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT), and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

“Drugs and guns don’t mix.  We don’t see too many drug dealers without guns,” said United States Attorney Mike Stuart.  “And all too often, like McCune, the drug dealers identified for prosecution have previous felony convictions prohibiting them from possessing firearms.  The result -- federal drug and gun charges. Why? Because guns in the hands of prohibited persons risks the lives of law enforcement and the public.  We cannot tolerate that whatsoever.”

McCune, 55, pled guilty on May 24, 2018, and had been in federal custody since March 2, 2018.  McCune admitted that he sold methamphetamine to a confidential informant on three occasions in 2017. When officers searched his home, they found six firearms, including an AR-15 rifle and several loaded handguns. At the time, McCune was a convicted felon—he had been convicted of the felony offense of uttering in Kanawha County in 2007.

Assistant United States Attorney Gabriele Wohl handled the prosecution.  United States District Judge Irene C. Berger presided over the hearing.

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.

SDWVNewsandUSAttyStuart

 
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BLUEFIELD, W.Va. – A Bluefield man pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Tykeem Freeman, 25, entered his guilty plea to being a felon in possession of a firearm.  Stuart commended the investigative efforts of the Southern Regional Drug and Violent Crime Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“What can I say? Another convicted felon.  On parole.  With a firearm,” said United States Attorney Mike Stuart.  “These cases just keep coming and we keep prosecuting them. Now, he is still a felon, no longer on parole, and no longer possessing a firearm.”

Freeman admitted that April 19, 2018, agents with the Southern Regional Drug and Violent Crime Task Force and the Alcohol, Tobacco, Firearms, and Explosives executed a search warrant at the house he was living in with his brother.  When the agents entered the residence, Freeman was in possession of a Ruger, LCP .380 semi-automatic pistol.  He admitted that he attempted to hide the pistol from law enforcement officers because he knew he was not supposed to possess any firearms because he was a convicted felon.  He also admitted that at the time he committed this offense, he was still on parole out of the state of Virginia.  Freeman was prohibited from possessing any firearm under federal law because of a 2016 drug-related felony conviction in Tazewell County, Virginia.

Freeman faces up to 10 years in federal prison when he is sentenced on January 31, 2019.

Assistant United States Attorney Timothy D. Boggess is responsible for the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.

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.

SDWVNewsandUSAttyStuart

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BLUEFIELD, W.Va.—United States Attorney Mike Stuart announced today that a Princeton man pled guilty in federal court to distribution of cocaine.  Stuart commended the work of the Southern Regional Drug and Violent Crime Task Force.

“Cocaine was the rage in the 1980’s.  It is coming back with a vengeance and is far more potent than ever before,” said United States Attorney Mike Stuart.  “My team is focused on stopping dealers from building the cocaine trade. We don’t want cocaine to become the epidemic it was decades ago.”

Jermaine Jones, 30, admitted that on March 30, 2018, he distributed a quantity of cocaine to a confidential informant near Bluewell in Mercer County.  He further admitted that he sold cocaine in Mercer County on four other occasions in March and April of 2018, and that he possessed an additional amount of cocaine on April 4, 2018 at his residence in Princeton.  Finally, he admitted that when authorities searched his residence, they found his two pistols.  Jones faces up to 20 years in prison when he is sentenced on January 31, 2018.

Assistant United States Attorney John File is handling the prosecution. Senior United States District Judge David A. Faber presided at the plea hearing.

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A federal jury in U.S. District Court in Helena on Thursday convicted two defendants of robbery and firearms charges in a drug-related home invasion. The four-day trial that began on Monday.

The jury found Gabriel Elijah Kane Arkinson, 32, Billings, and Jamie Nicole Milsten, 35, Helena, each guilty of conspiracy to commit robbery affecting commerce, robbery affecting commerce and brandishing a firearm in furtherance of a crime of violence.

Each defendant faces a maximum 20 years in prison, a $250,000 fine and five years of supervised release for the conspiracy and robbery convictions, plus a mandatory minimum seven years to life in prison consecutive to any other charge on the firearm charge.

A third defendant, Melissa Dawn Shurtliff, 28, Helena, pleaded guilty earlier to robbery affecting commerce and possession of a firearm in furtherance of a crime of violence.

Prosecutors at trial presented evidence that Arkinson and Milsten entered the residence of a Helena drug dealer on April 23, 2017 to steal drugs and drug proceeds. Arkinson was armed with a sawed-off shotgun, and Milsten searched the residence for drugs and money. A small amount of methamphetamine, U.S. currency and a cell phone were stolen. Shurtliff planned the robbery and acted as the getaway driver.

Senior U.S. District Judge Charles C. Lovell presided at the trial. Sentencing for the three defendants is scheduled for April 9, 2019. The defendants are in custody.

The case was prosecuted by Assistant U.S. Attorney Tom Bartleson and investigated by the FBI and the Montana Regional Violent Crime Task Force.

This case is part of Project Safe Neighborhood (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and to make communities safer. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department of Justice’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.

          The U.S. Department of Justice National Institute of Justice has awarded grants worth more than $3.5 million to improve forensic science and address DNA testing backlogs in Washington State, announced U.S. Attorney Annette L. Hayes.  The grants will help the Washington State Patrol keep up with an increasing number of referrals for DNA testing, and will improve toxicology testing related to the opioid epidemic.

            “We are seeing how advanced DNA testing is leading to major breaks in long unsolved criminal investigations,” said U.S. Attorney Annette L. Hayes.  “These Department of Justice grants will increase the capacity of WSP and will assist individual counties as they complete investigations.  In addition, the funding for quicker turnaround of toxicology screening is critical to all of our efforts to address the impact that fentanyl and other dangerous drugs are having on Washington communities.”

            The Washington State Patrol Crime Labs will receive a total of $2,347,180 to enhance their capacity to analyze DNA and reduce a backlog of samples waiting for analysis.  There are five casework DNA laboratories in Washington: Seattle, Tacoma, Marysville, Vancouver and Spokane.  The grant monies will pay for new equipment and space renovation in the Vancouver lab to increase capacity, and will pay additional staff to work there. The grant will also pay for training for workers on the latest DNA advances and will pay for overtime to keep up with cases.

            Despite an increase in productivity, the backlog of cases waiting for analysis continues to increase.  In 2017, the backlog of cases waiting for analysis increased from 3,168 to 4,562 and the number of new cases sent to the lab was 5,197.  The number of new cases was just slightly below the number of new cases submitted in 2016.  The turnaround time for requests increased from 83 days to 208 days.

            Legislation in 2015 and 2016 increased the number of sexual assault kits that must be analyzed for DNA with the resulting data entered into the FBI’s Combined DNA Index System (CODIS) database. The DOJ funding is critical for the WSP labs to keep up with the increased caseload.           

            A second $500,125 grant is aimed at post-conviction testing of DNA for cases where such testing may exonerate a wrongfully convicted individual.

            Finally, a $250,000 grant will pay for additional staff and equipment for the WSP Toxicology Laboratory.  The lab currently has a backlog of more than 2,650 cases with a turnaround of 75 days.  The opioid crisis has increased requests for analysis 45 percent over the last five years.  The lab is critical to identifying new synthetic opioids that are being trafficked in our communities.

            Additional information about the grant and WSP forensic laboratories please contact WSP’s Phil Hodge (206) 262-6020 or Mary Keller (206) 262-6005.