DALLAS — Following a law enforcement operation led by the Texas Department of Public Safety Criminal Investigations Division (DPS-CID) and the Dallas Police Department Criminal Intelligence Unit, 54 individuals, members and associates of various white supremacist organizations, have been charged with federal offenses stemming from their respective roles in a drug distribution conspiracy that operated in North Texas and elsewhere from January 2013 to November 2015.  U.S. Attorney John Parker of the Northern District of Texas made the announcement today. Two of the 54 defendants remain fugitives. 

This second phase of the investigation follows a related operation in 2014 in which 37 members and associates of various white supremacist organizations were arrested and charged with similar federal offenses, stemming from their role in a methamphetamine distribution conspiracy.  All of those defendants were convicted; one remains a fugitive.

Defendants, all Texas residents, who are charged in this superseding indictment and who are in custody include:

Ramon Aguilar, III, aka “Nelson,” 26, of Dallas

Christopher Alexander, aka “Bear,” 43, of Dallas

William Lee Benham, 32, of Mesquite

Eric Scott Benson, aka “ESB,” 29, of Mesquite

Ronnie Mikel Brown, 39, of Dallas

Jonas Carrera, 36, of Dallas

Hugo Ivan Castaneda, aka “Takua,” 25, of Dallas

John Anthony Chavez Jr., aka “BJ,” 27, of Dallas

Justo Salvador Chavez Jr., aka “Junior,” 39, of Dallas

Micah Torrence Dees, 26, of Sherman

Abraham Dimas Jr., 41, of Dallas

Tina Wynette Easley, aka “Tina Wynette Fields” aka “Big Tina,” 43, of Seagoville

Crissy Lynn Evans, 28, of Richardson

Taylor Maxlynn Fletcher, 26, of Point

Joe Lee Foard, Jr., 46, of Denison

Michael William Getsinger, 30, of Rockwall

Alejandro Gonzalez, 20, of Dallas

Quincy John Goodson, aka “Kidd,” 34, of Scurry

Michael Thor Guinn, 28, of Jacksonville

Tommy Dare Hancock, aka “Big Tom,” 49, of Beaumont

David Lesley Holt, 54, of Mesquite

David Wayne Holt, 28, of Dallas

Brennan Nicole House, 22, of Sherman

Desirae Ann Houser, 24, of Princeton

Beau James Jarnagin, aka “Beau Jamey,” 39, of Dallas

Jeff Jeremy Johnston, aka “Slowpoke,” 42, of Mesquite

Kory Wade Kloecker, aka “Crawl,” 32, of Mesquite

Jimmy David Lance, 54, of Dallas

Samantha Ladell Largent, 25, of Cumby

Blake Allen Long-Rockey, 27, of Dallas

Ricardo Garcia Medina, 31, of Dallas

Benjamin Matthew Melton, 31, of Mesquite

Craig Don Mueller, 34, of Dallas

Brian Casey Mullins, 35, of Rockwall

Stacy Wayne Myers, 48, of Dallas

James Marshall Nation, 39, of Cumby

Wendy Renee Neal, 37, of Princeton

Mackenzie Nelson, 31, of Greenville

Raymond Anthony Nichols, aka “Ant,” 35, of Mesquite

Shanna Lynn Palmer, 32, of Seagoville

Christian Perez, 23, of Dallas

Francisco Manuel Radamez-Nava, aka “Ghost,” 31, of Mesquite

Jorge Ramirez, aka “Gucci,” “Jorge Ramirez-Martinez,” and “Jorge Alejandro” 31, of Mesquite

Bruce Chance Rash, aka “Chaos,” 37, of Dallas

John James Rumfield, 34, of Dallas

Jackie Lemonds Segura, 32, of Dallas

Brandon Kyle Smith, 31, of Mineola

Alicia Gale Tambourine, aka “Slimm,” 31, of Balch Springs

Jamie Lynn Tucker, 49, of Dallas

Troy Anthony Wallace, 46, of Mesquite

Roger Wayne Whitworth Jr., aka “Peanut,” 42, of Mesquite

John Fitzgerald Yates, aka “Po Boy,” 51, of Tyler (deceased)

This just-unsealed superseding indictment charges all of the above-listed defendants, with the exception of Benjamin Matthew Melton and Jorge Ramirez, with one count of conspiracy to possess with intent to distribute 500 grams or more of methamphetamine and one substantive count of possession of methamphetamine with the intent to distribute.  Ronnie Mikel Brown, Tina Wynette Easley, Michael Thor Guinn, Tommy Dare Hancock, David Wayne Holt, Jeff Jeremy Johnston, and Benjamin Matthew Melton are also each charged with one count of felon in possession of a firearm.    Jorge Ramirez is charged with one count of being an illegal alien in possession of a firearm.

According to the superseding indictment, the defendants were members of, associated with, or performed drug transactions with, various white supremacists organizations or individuals including the “Aryan Brotherhood of Texas” (ABT), the “Aryan Circle,” the “White Knights,” and the “Peckerwoods,” and they engaged in a conspiracy to distribute methamphetamine and other illegal narcotics throughout North Texas and elsewhere.  Certain defendants used firearms to further their drug trafficking activities.

Despite their differences, the ABT, Aryan Circle, and White Knights gangs, along with the Peckerwoods, often collaborated with each other and with Mexican gangs and cartels for purposes of drug distribution or other illegal ventures.  Peckerwood is a term used to describe an individual who, although not a member, shared a white supremacist ideology or aligned his or herself with these white supremacist gangs.

Up to 20 of the above-listed defendants were members or close associates of the ABT.  Up to eight were members or close associates of the Aryan Circle.  One was a member of the White Knights and one was a Peckerwood.  Two were members of the La Familia drug cartel.  Some of the defendants had familial relationships, some were engaged in romantic relationships, and some resided together, as outlined in the indictment.

The indictment alleges that from approximately January 2013 to November 2015, the defendants conspired together, and with others, to possess with intent to distribute 500 grams or more of methamphetamine.  According to the indictment, the defendants arranged for the acquisition of methamphetamine and its distribution and delivery.  They used stash houses or other locations to store the methamphetamine and acted as intermediaries and brokers to negotiate the acquisition, price, delivery and payment for the quantities of methamphetamine.

Each of the co-conspirators was linked to one another either directly or through another co-conspirator.  Certain co-conspirators acted as hubs for narcotics trafficking, supplying methamphetamine to numerous other co-conspirators. Throughout the investigation, 40 pounds of methamphetamine and 22 firearms were seized.

A federal indictment is an accusation by a grand jury.  A defendant is entitled to the presumption of innocence unless proven guilty.  If convicted, however, the statutory maximum penalty for each count of the drug trafficking conspiracy is life in federal prison and millions of dollars in fines.  The statutory maximum penalty for each substantive count of possession of methamphetamine is 20years in federal prison.  The maximum statutory penalty for being a felon in possession of a firearm or for being an illegal alien in possession of a firearm is 10 years in federal prison.  The indictment also includes a forfeiture allegation that would require the defendants, upon conviction, to forfeit all real or personal property derived from the proceeds of their offense.

The investigation is being led by the DPS-CID Gang Unit and the Dallas Police Department Criminal Intelligence Unit with assistance from the Garland Police Department Neighborhood Police Officer Unit, the Collin County Sheriff’s Office, the Mesquite, Sherman, Denison and Sulphur Springs Police Departments and U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI).

Assistant U.S. Attorney P. J. Meitl is prosecuting.

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LUBBOCK, Texas — John Everette Murdock, 70, of Lubbock, Texas, was sentenced this morning by U.S. District Judge Sam R. Cummings to 24 months in federal prison, following his guilty plea in August 2015 to an indictment charging one count of access with intent to view child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.

As noted in today’s sentencing hearing, Murdock, an ex-Marine, suffered injuries while serving in the line of duty in Vietnam.  He must surrender to the Bureau of Prisons on December 31, 2015.

According to plea documents filed in the case, Murdock used a computer to access, with intent to view, various images of child pornography.  He used file-sharing software to search for material that was likely to result in his access to child pornography, which he would view and then delete.  Law enforcement seized that computer and hard drive during the execution of a search warrant at his residence in late August 2014.

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) investigated the case.  Assistant U.S. Attorney Steven M. Sucsy was in charge of the prosecution.

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            Preet Bharara, the United States Attorney for the Southern District of New York, announced that JAMAL SMALLS, a/k/a “Poo Black,” a/k/a “Machiavelli,” a/k/a “Mack,” was found guilty today of the July 26, 2012, drug-related murder of Doneil White; leading a narcotics trafficking conspiracy that distributed powder cocaine, crack cocaine, and heroin in 2012 and 2013; and using and discharging firearms in connection with that narcotics conspiracy, following a two-week jury trial before United States District Judge Naomi Reice Buchwald. 

            U.S. Attorney Preet Bharara said: “Jamal Smalls led a violent drug trafficking crew and, as the jury found, was responsible for murder as well as other mayhem and drug peddling.  Thanks to the FBI and the NYPD, this threat to public safety is off the streets and awaiting sentencing for his crimes.” 

            According to the Superseding Indictment, evidence admitted at trial, and statements made at court proceedings and in court filings:

            JAMAL SMALLS, a/k/a “Poo Black,” a/k/a “Machiavelli,” a/k/a “Mack,” was a high-ranking member of the Bloods.  In 2012 and 2013, SMALLS ran a drug trafficking crew that operated in and around the John Adams Houses in the Bronx, New York.  SMALLS and his crew sold large quantities of powder cocaine, crack cocaine, and heroin in and around the housing project, as well as in North Carolina, South Carolina, and Virginia. 

            In 2000, SMALLS was convicted for first degree manslaughter in New York State.  Throughout SMALLS’s term of incarceration, he received narcotics from his brother and persons working on behalf of the crew to distribute within the state prison system.  In April 2012, SMALLS was released from New York State prison.  After his release, SMALLS began to lead the crew with his brother, participating in large-quantity narcotics transactions in the Bronx and out-of-state. 

            SMALLS was also involved in repeated violence committed in connection with the crew’s drug trafficking.  On July 18, 2012, SMALLS tried to shoot Doneil White, a rival drug dealer, but missed; SMALLS, however, hit a bystander in the back outside of the Johns Adams Houses.  A week later, on July 25, 2012, SMALLS again shot at Doneil White in the John Adams Houses, but missed.  Early the next morning, on July 26, 2012, SMALLS paid a member of his crew $10,000 to shoot Doneil White in a stairwell at the John Adams Houses.  White died a few days later as result of his severe injuries.

            Following his arrest in August 2012, and while in pre-trial detention, SMALLS continued to lead the narcotics conspiracy, by, among other things, giving directives to members of the crew through telephone calls and in-person visits. 

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            SMALLS, 39, of the Bronx, New York, was convicted of (a) conspiracy to distribute and possess with the intent to distribute 280 grams and more of crack cocaine, one kilogram and more of heroin, and five kilograms and more of cocaine; (b) using, carrying, possessing, and discharging firearms in connection with that narcotics conspiracy; and (c) the drug-related murder of Doneil White.  In total, SMALLS faces a maximum sentence of life in prison and a mandatory minimum sentence of 45 years in prison.  SMALLS is scheduled to be sentenced on March 10, 2016, at 2:30 p.m., before Judge Buchwald.  The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

            U.S. Attorney Preet Bharara thanked the Federal Bureau of Investigation and the New York City Police Department for their continued outstanding work in this investigation.  Mr. Bharara also thanked the Bronx District Attorney’s Office for their valuable assistance with the investigation.

            The case is being prosecuted by the Office’s Violent & Organized Crime Unit.  Assistant U.S. Attorneys Kan M. Nawaday, Joshua A. Naftalis, and Drew Johnson-Skinner are in charge of the prosecution. 

LUBBOCK, Texas — Michael Thomas Franks, 44, of Brownwood, Texas, was sentenced this morning by U.S. District Judge Sam R. Cummings to 121 months in federal prison, following his guilty plea in August 2015 to one count of possession of prepubescent child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.  Franks was remanded into custody

According to plea documents filed in the case, Franks used computers at his residence to search the Internet for images and videos of child pornography.  In the course of his searches, Franks located, downloaded, and viewed numerous images and videos of child pornography.  He also transferred some of the child pornography from his computer to a computer disk that bore the handwritten label, “Pictures Videos,” which contained one or more images of prepubescent child pornography.

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the U.S. Marshals Service, U.S. Customs and Border Protection’s (US CBP) Office of Air and Marine, and the Brown County Sheriff’s Office investigated.  Assistant U.S. Attorney Steven M. Sucsy was in charge of the prosecution.

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LUBBOCK, Texas — Justin Benedict Morales, 41, of San Angelo, Texas, was sentenced this morning by U.S. District Judge Sam R. Cummings to 235 months in federal prison, following his guilty plea in August 2015 to one count of transportation of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.

According to plea documents filed in the case, in November 2014, Morales used the Internet to send at least eight images of prepubescent child pornography via the online instant messaging client, Yahoo Messenger.  Morales used several Yahoo IDs to transport and trade images and videos of child pornography.  His laptop computer and hard disk drive were seized when special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Texas Attorney General’s Internet Crimes Against Children (ICAC) Task Force, and the San Angelo Police Department, executed a search warrant at his residence in May 2015.

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

ICE HSI, the Texas Attorney General’s Internet Crimes Against Children Task Force, and the San Angelo Police Department investigated.  Assistant U.S. Attorney Steven M. Sucsy was in charge of the prosecution.

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DALLAS— A Plano, Texas, man who admitted his role in a stolen identity tax refund scheme was sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.

Benjamin Kinyua, who is a resident of Plano, according to the court’s order setting conditions of his release, was sentenced today by U.S. District Judge Sidney A. Fitzwater to 33 months in federal prison and ordered to pay $480,643 in restitution.  Kinyua pleaded guilty to one count of theft of federal funds and aiding and abetting. 

Two others charged and convicted in the case have also been sentenced.  Thomas Nganga Muya is currently serving a 27-month federal prison sentence and Harry Fabrice Cheickh Amont is currently serving a 30-month federal prison sentence.

According to Kinyua’s filed factual resume, from 2012 through May 17, 2013, Kinyua regularly acquired and then cashed U.S. Treasury checks, as well as third-party tax refund checks that he knew had either been stolen or obtained by fraud.  Mostly, Kinyua cashed the checks at a check-cashing business in Dallas County.  From February 2013 through May 17, 2013, Kinyua also presented and participated in the presentation of 16 checks to undercover agents of the Internal Revenue Service Criminal Investigation (IRS-CI), who were posing as persons willing to pay cash for stolen tax refund checks.  The factual resume outlines the fencing of a $595,901 stolen IRS refund check. 

IRS-CI investigated the case.  Assistant U.S. Attorney Chris Stokes was in charge of the prosecution.

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DALLAS— A Dallas man, Kenneth Dale Bruce, 40, was sentenced today by U.S. District Judge Sidney A. Fitzwater to 176 months in federal prison for committing an armed bank robbery in the Dallas-Fort Worth metroplex in October 2014, announced U.S. Attorney John Parker of the Northern District of Texas.

On October 23, 2014, Bruce robbed the Bank of America branch located at 3324 Gus Thomasson Road in Mesquite, Texas.  The next day, Bruce robbed a branch of Comerica Bank, located at 11155 Garland Road in Dallas, and during that robbery, he brandished a firearm.

According to documents filed in the case, after committing the armed bank robbery in Mesquite, Bruce drove off in a tan pickup truck.  Officers with the Dallas Police Department located the pickup truck in a parking lot approximately three blocks from the bank, and they saw Bruce drive past them in a dark-colored Ford Explorer.  Officers attempted to perform a felony stop, but Bruce sped up and attempted to elude officers until he wrecked the vehicle.  The bank’s money and the firearm were recovered at the accident scene. 

The Federal Bureau of Investigation and the Dallas and Garland Police Departments investigated.  Assistant U.S. Attorney John Kull prosecuted.

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BOISE – Richard Pena Jr., 39 of Boise, Idaho, was sentenced yesterday to 63 months in prison for unlawful possession of a handgun, U.S. Attorney Wendy J. Olson announced.  Visiting Judge Dee V. Benson also ordered Pena to serve three years of supervised release following his release from prison.  Pena pleaded guilty on August 6, 2015.

According to the plea agreement, on December 4, 2014, a police officer conducted a traffic stop of a vehicle in Caldwell, Idaho.  Police officers discovered that Pena, who was a passenger in that vehicle, had an active warrant for his arrest.  Police officers arrested Pena and searched his person and the vehicle.  During the search, police officers found a yellow crystal substance wrapped in tinfoil and a syringe in Pena’s pocket, and a backpack behind the passenger seat containing Pena’s driver’s license and a loaded 9 millimeter handgun.  Pena is prohibited from possessing firearms because he was previously convicted of the felony crime of aggravated battery.  Pena agreed to forfeit the firearm involved in the offense.  

The case was investigated by the Caldwell Police Department and the Treasure Valley Metro Violent Crimes Task Force.  The Treasure Valley Metro Violent Crime Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. 

The case was prosecuted by the Special Assistant U.S. Attorney hired by the Canyon County Prosecutor’s Office, the Treasure Valley Partnership and the State of Idaho to address gang crimes.  The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth.  For more information, visit treasurevalleypartners.org. 

Joint Statement from the United States Attorney for the District of Minnesota Andrew M. Luger, Assistant Attorney General for Civil Rights Vanita Gupta and Special Agent in Charge of the FBI Minneapolis Division Richard T. Thornton:

“The U.S. Attorney’s Office for the District of Minnesota, Department of Justice’s Civil Rights Division and FBI Minneapolis Division are conducting an independent investigation into whether the death of Jamar Clark violated any federal criminal statutes. As is our practice in conducting investigations into allegations of constitutional violations committed under color of law, experienced federal prosecutors and FBI agents are conducting a thorough review of all evidence in this case. That includes interviewing relevant witnesses, reviewing relevant information, and pursuing leads. We are doing so in a manner that ensures the integrity of the investigation and the reliability of the information obtained. 
 
“Release of any evidence, including any video, during an ongoing investigation would be extremely detrimental to the investigation. We are conducting our investigation in a fair, thorough, and expeditious manner.”

ALBUQUERQUE – Conrad Vasquez Salazar 43, of Las Cruces, N.M., was sentenced today in federal court to 20 years in prison followed by three years of supervised release for his conviction on conspiracy and firearms charges.  Salazar also was ordered to pay $111,018.05 in restitution to the victim of his criminal conduct.

Salazar’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Las Cruces Police Chief Jaime Montoya.

Conrad Vazquez Salazar (Salazar) and co-defendants Clifford Raymond Salas, 38, and Andres Linares-Baca, 32, both of Las Cruces, and Thomas Vazquez Salazar (Vazquez Salazar), 39, of Odessa, Tex., were charged in a series of complaints and indictments, the first of which was filed in Sept. 2012, with violating the federal conspiracy, explosives and narcotics laws.  Salas, Salazar and Vazquez Salazar were charged with conspiracy and explosives charges that arose out of the firebombing of a tattoo parlor in Las Cruces on Aug. 31, 2012. 

On Aug. 17, 2015, Salazar pled guilty to conspiracy and being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Salazar admitted that on Aug. 31, 2012, he conspired with other individuals to firebomb a tattoo parlor in Las Cruces.  Salazar also admitted producing two Molotov cocktails at his residence and instructing two co-conspirators on how to use them to set fire to the tattoo parlor.  Salazar also admitted that on Sept. 22, 2012, he possessed a handgun and ammunition even though he previously had been convicted of residential burglary, conspiracy to commit first degree murder and aggravated battery on a peace officer and was thus prohibited from possessing firearms or ammunition.

In Sept. 2013, Linares-Baca pled guilty to conspiracy to distribute heroin and a heroin distribution charge and was sentenced on Jan. 22, 2014, to 15 months in federal prison followed by three years of supervised release.  Although Vazquez Salazar entered a guilty plea to the conspiracy and an explosives charge in Sept. 2013, further proceedings against him were delayed by competency proceedings.  In Oct. 2014, the court found Vazquez Salazar to be incompetent to stand trial and committed him to hospitalization to determine whether he can be restored to competency.

On March 9, 2015, Salas proceeded to trial on a superseding indictment charging him with participating in a conspiracy between July 15, 2012 and Aug. 31, 2012, to commit arson by maliciously damaging and destroying a tattoo parlor located at 2245 South Main Street in Las Cruces.  The indictment also charged Salas with maliciously damaging and destroying the tattoo parlor on Aug. 31, 2012, by throwing at least one Molotov cocktail into the building, using a destructive device in furtherance of an act of violence; and being a felon in possession of an explosive.   Trial against Salas concluded on March 11, 2015, when the jury returned a verdict of guilty on all four counts of the superseding indictment.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department.  Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

     PHOENIX – Yesterday, Jeremy Lee Thompson, 33, of Sacaton, Ariz., a member of the Gila River Indian Community, was sentenced by U.S. District Judge Susan R Bolton to 144 months in prison after previously pleading guilty to assault resulting in serious bodily injury.

     On Feb. 28, 2015, Thompson confronted another member of the Gila River Indian Community and slashed him across the face with a knife.  Thompson obstructed the investigation by encouraging his friends to threaten witnesses in the case, and the Court took that into account in imposing the sentence.  Thompson was on federal supervised release at the time of the stabbing       

     The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Raynette Logan and Christina Covault, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER:           CR-15-00297-PHX-SRB  

RELEASE NUMBER:   2015-116_Thompson

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.

ALBUQUERQUE – Jonathon Bouldin, 35, of Albuquerque, N.M., pleaded guilty this morning in federal court to violating the federal firearms laws. 

Bouldin was arrested on May 18, 2015, on an indictment charging him with unlawfully possessing a firearm on Jan. 22, 2015, in Bernalillo County, N.M.  At the time of his arrest, Bouldin was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses including shoplifting, commercial burglary, conspiracy to commit commercial burglary, and possession of a stolen credit card.

During today’s plea hearing, Bouldin pled guilty to the indictment and admitted that on Jan. 22, 2015, he was in possession of a semiautomatic pistol, even though this was prohibited because of his status as a convicted felon.  At sentencing, Bouldin faces a statutory maximum penalty of ten years in federal prison.  Bouldin remains detained pending a sentencing hearing which has yet to be scheduled. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department.  Assistant U.S. Attorney Nicholas Jon Ganjei is prosecuting the case. 

BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Dr. Jose Jorge Abbud Gordinho, M.D., was indicted on multiple federal drug charges by a Grand Jury sitting in Beckley, West Virginia. Gordinho was arrested on November 12, 2015, at which time the West Virginia State Police and the Federal Bureau of Investigation executed a search warrant at his medical office on George Street in Beckley. Gordinho has been held in custody in the Southern Regional Jail since the date of his arrest.

The 21 count indictment includes allegations that Gordinho conspired to distribute pain medications such as oxycodone and morphine, not for legitimate medical purposes in the usual course of medical practice and beyond the bounds of medical practice. The indictment further alleges multiple counts of distribution of oxycodone, oxymorphone, hydrocodone, and morphine not for legitimate medical purposes in the usual course of medical practice and beyond the bounds of medical practice, as well as two counts of distributing controlled substances not within Gordinho’s capacity as a medical doctor.

Each of the 21 counts carries a maximum sentence of up to 20 years in federal prison and a $1 million fine. Gordinho is scheduled to be arraigned on the indictment on November 30, 2015, in federal court in Beckley. At that time, the court will also consider a motion filed by the United States to detain Gordinho pending his trial.

The charges are merely accusations. The defendant is presumed innocent until and unless proven guilty.

The case against Gordinho was investigated by the West Virginia State Police and the Federal Bureau of Investigation.

This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

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Following a 23-day trial before United States District Court Judge Joan A. Lenard, a jury convicted Alejandro Amor, the owner of a Florida for-profit college called FastTrain, of one count of conspiracy to steal government money and twelve substantive counts of theft of government money.  FastTrain admissions representative Anthony Mincey was also convicted of conspiracy to steal government money.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Yessyka Santana, Special Agent in Charge, Department of Education, Office of Inspector General (ED-OIG) and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.   

According to evidence presented at trial, starting in 2010, FastTrain admissions representatives, acting at the direction of Alejandro Amor, began recruiting potential students in low income neighborhoods in Miami-Dade, Broward, Hillsborough, Pinellas, and Duval Counties, where FastTrain’s seven campuses were located.  When admissions representatives encountered potential students who were ineligible for federal student aid because they had not graduated from high school or earned a GED, the admissions representatives enrolled the potential students anyway, and coached them to lie on their applications to the United States Department of Education for federal student aid, including federal Pell Grants and Direct Loans.  Often, FastTrain admissions representatives falsely promised the students they could earn their high school diplomas or GEDs at FastTrain and in some cases, FastTrain admissions representatives actually created fictitious high school diplomas on FastTrain computers.  Six student witnesses identified Anthony Mincey as the admissions representative who had coached them to lie about their eligibility.

Once the applications for federal student aid had been processed, millions of dollars in Pell Grants and Direct Loans were disbursed to FastTrain bank accounts controlled by Alejandro Amor and his wife.  Alejandro Amor used those funds to make payments on, among other things, his waterfront home, airplane, car, and yacht.

According to the testimony and evidence introduced at trial, Alejandro Amor routinely falsified student records, emails, policy memoranda, and reports of internal investigations to hide the actions of his admissions representatives and retain federal student aid on behalf of the ineligible students enrolled at FastTrain.  In one instance, Alejandro Amor created a fictitious disciplinary record for an admissions representative who had been caught coaching students to lie about their eligibility, before sending that admissions representative back out onto the streets to continue recruiting.

Alejandro Amor is scheduled to be sentenced by Judge Lenard on February 3, 2016, at 3:00 p.m.  Anthony Mincey is scheduled to be sentenced by Judge Lenard on February 3, 2016, at 3:30 p.m.

Mr. Ferrer commended the investigative efforts of ED-OIG and the FBI.  The case is being prosecuted by Assistant United States Attorneys Amanda Perwin and Vanessa Snyder.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

ALBUQUERQUE – Roderick Talk, 43, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to voluntary manslaughter and assault charges under a plea agreement with the U.S. Attorney’s Office.

Talk was arrested in June 2015, and charged in a criminal complaint with killing a man in Indian Country in San Juan County, N.M., on May 30, 2015.  The crime occurred during an argument between Talk, the victim and the victim’s nephew, while Talk and the victim were drinking alcoholic beverages.  Talk was subsequently indicted on June 24, 2015.

During today’s proceedings, Talk pled guilty to a felony information charging him with voluntary manslaughter and assault with a dangerous weapon.  In entering his guilty plea, Talk admitted that on May 30, 2015, while in the heat of passion or a sudden quarrel, he killed a man and assaulted another man with a dangerous weapon, a pickup truck, with intent to do bodily harm.  Talk admitted that the crimes took place on the Navajo Indian Reservation. 

At sentencing, Talk faces a statutory maximum penalty of 15 years in federal prison.  Maximum potential sentences are prescribed by Congress and are provided for information purposes only.  The sentence on Talk will be determined by the court.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Farmington office of the FBI, the New Mexico State Police and the Shiprock office of the Navajo Nation Department of Public Safety.  Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.

BIRMINGHAM -- A federal judge today sentenced a Birmingham man to nearly 22 years in prison for two armed robberies of pharmacies in 2014, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Roger C. Stanton.

TOMMY LEON STEWART, 29, pleaded guilty in April to robbing a CVS Pharmacy on Center Point Parkway in Birmingham on Oct. 21, 2014, and a CVS Pharmacy on Highway 75 in Pinson on Oct. 29, 2014. Stewart also pleaded guilty to brandishing a gun during the Pinson robbery. U.S. District Judge Karon O. Bowdre sentenced Stewart to 14 years and 10 months in prison on the robbery counts and to seven years in prison on the gun count, which must be served consecutively to the robbery sentence.

The judge also ordered Stewart to pay $3,043 in restitution to the Pinson pharmacy and $8,300 to the Center Point pharmacy,

According to Stewart’s plea agreement with the government, he entered both CVS stores wearing a fake mustache and beard and demanded money and narcotics at gunpoint. In both robberies, he placed the stolen money and narcotics in a silver bag and crawled through the customer drive-through window to escape.

While climbing out the window at the Pinson pharmacy, Stewart fell, dropping his wallet from his jacket pocket, according to the plea agreement. The wallet contained his identification and a fingerprint lifted from the window glass matched a known print of Stewart’s.

Stewart has seven first-degree robbery cases pending in Jefferson County Circuit Court for other charged pharmacy robberies.

The FBI investigated the case, which Assistant U.S. Attorney John B. Felton prosecuted.

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DENVER – Eric Eugene Hartwell, age 53, of Denver, Colorado, was sentenced last Friday U.S. District Court Judge Philip A. Brimmer to serve 120 months (10 years) in federal prison, followed by 5 years on supervised release for escape and failure to register as a sex offender, U.S. Attorney John Walsh and U.S. Marshal Ken Deal announced.  The sentence is the result of a guilty verdict following a four-day jury trial.  The jury deliberated for approximately over two hours before reaching their verdicts.  Hartwell, who was in custody, was remanded at the conclusion of the hearing.  The defendant was indicted by a federal grand jury in Denver on July 22, 2014, and found guilty following the jury trial on August 13, 2015. 

According to facts presented to the jury during trial, as well as from the Sentencing Statement filed by the prosecution, Hartwell was convicted on March 19, 2010, in U.S. District Court for the Northern District of Texas for failure to register as a sex offender.  As a result of this conviction, he was sentenced to a 60-month term of imprisonment and ordered to serve a life time of supervised release.  After Hartwell served his federal prison sentence, he was transferred to Colorado to begin his term of supervised release and to begin a term of parole in conjunction with a 2011 Colorado Failure to Cancel Registration conviction.  On January 6, 2014, during a meeting with a Senior U.S. Probation Officer, the defendant was provided information in relation to his federal supervised release requirements, both verbally and in writing, including his sex offender registration requirements.  He signed an acknowledgement that he understood the conditions of his federal supervision, including that he was required to “register with state and local law enforcement as directed by the U.S. Probation Officer in each jurisdiction where the defendant resides, is employed, or is a student” and that he was required “no later than 3 business days after each change of name, residence, employment, or student status, appear in person in at least one jurisdiction and inform that jurisdiction of all changes in the information required in the sex offender registry.”

Additional conditions of federal supervised release included that the defendant was required to reside in a halfway house.  Hartwell began residing at a residential reentry center in Denver on January 22, 2014.  He updated his sex offender registration as required on January 24, 2014, to reflect his change of residence to the halfway house.  On February 21, 2014, Hartwell packed his personal items and departed the halfway house without permission.  A state warrant was issued in Colorado and a federal warrant was issued by the Northern District of Texas.  The U.S. Marshal Service Violent Offender Task Force (COVOTF) conducted an investigation to locate Hartwell.  It was confirmed that the defendant, who originally reserved his travel using the name “John Miller,” purchased an Amtrak train ticket from Denver, Colorado, to Chicago, Illinois on February 21, 2014.  On that same day and before purchasing the Amtrak ticket, the defendant withdrew $3,600 from an ATM in Denver and removed and discarded a GPS-tracking ankle monitor that he was required to wear as a condition of his Colorado state-parole.

The U.S. Marshal’s investigation revealed that on February 27, 2014, Hartwell withdrew $503 from his bank account, leaving a balance of $5.87 in that account, from an ATM in Washington, DC.  He then traveled on the Greyhound Bus Line under the name “John Miller” from Washington, DC to Norfolk, Virginia.  On February 28, 2014, Hartwell was arrested after he was located by the U.S. Marshals in a motel in Norfolk, Virginia.  The prosecution proved that on February 21, 2014, the defendant escaped the halfway house at which he was registered in Colorado, and, as of February 28, 2014, he had failed to register as a sex offender or update his sex offender registration in Colorado or any other state.

One of the factors for the lengthy sentence was the defendant’s previous criminal history.  In addition to the convictions noted above, Hartwell was convicted on September 11, 1991, of the felony of Rape of a Child in the First Degree in the Snohomish County Superior Court in the state of Washington.  The conviction was a result of Hartwell having sexual contact with a six-year-old child in his neighborhood.  Hartwell was also convicted on September 1, 1996, of Attempted Indecent Liberties and Sex Offender Failure to Register in the Skagit County Superior Court in the state of Washington.  This conviction was a result of Hartwell picking up a pregnant teenage hitchhiker and telling her that he was going to rape her; she was able to escape from the car after fighting him off.  This is the Hartwell’s fifth conviction for an offense involving the failure to register as a sex offender.

“Defendant Hartwell had a history of being a child sex predator,” said U.S. Attorney John Walsh.  “Thanks to the hard work of the U.S. Marshals Service, and their Violent Offender Task Force, Hartwell was found after leaving a halfway house and failing to register as a sex offender.”

This case was investigated by the U.S. Marshals Service, including the U.S. Marshals Service Violent Offender Task Force.

Hartwell is being prosecuted by Assistant U.S. Attorneys David Tonini and Alecia Riewerts.

ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that an Alexandria man was sentenced Monday to 54 months in prison for selling methamphetamine.

Franklin Drake Smith, 25, of Alexandria, La., was sentenced by U.S. District Judge Dee D. Drell on one count of distribution of methamphetamine. He was also sentenced to three years of supervised release. According to the August 19, 2015 guilty plea, agents conducted controlled buys of methamphetamine from Smith on February 2, 2015 and February 11, 2015 at different locations in Alexandria. The total weight of the methamphetamine sold exceeded 50 grams.  Smith was held accountable for the distribution of approximately 680 grams of methamphetamine based on further investigation.

The FBI Central Louisiana Safe Streets Task Force with assistance from the Louisiana State Police conducted the investigation. Assistant U.S. Attorney Allison D. Bushnell prosecuted the case.

PHILADELPHIA - Christopher Castillo, 22, of Philadelphia, was charged in an Indictment with producing and selling counterfeit credit cards, possessing credit card making equipment, and aggravated identity theft of a Scotiabank credit card account holder, announced United States Attorney Zane David Memeger.  According to the indictment, among the items found in Castillo’s possession were over 150 white plastic credit card templates, multiple partially manufactured credit cards, multiple sheets of holographic stickers resembling the holograms found on Visa and MasterCard cards, documents containing personally identifiable information, and a desktop credit card printer. 

If convicted the defendant faces a mandatory minimum sentence of two years in prison with a maximum possible sentence of 35 years in prison, three years supervised release, a fine, and a $400 special assessment. 

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Anita Eve.

An Indictment is an accusation.  A defendant is presumed innocent unless and until proven guilty.