Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that CHRISTIAN TORO and TYLER TORO pled guilty to manufacturing and possessing a destructive device, and conspiring to do so, in connection with their stockpiling of explosive materials and manufacture of a destructive device.  Both defendants pled guilty today in Manhattan federal court before U.S. District Judge Richard M. Berman.  They are scheduled to be sentenced on March 26, 2019, CHRISTIAN TORO at 11:00 a.m. and TYLER TORO at 2:00 p.m.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As admitted in court today, Christian Toro and Tyler Toro sought to build a destructive device that could have caused great damage.  Christian Toro used a minor student to assist him in this endeavor.  Thanks to the excellent work of the FBI and the NYPD, no one was injured as a result of this grave conduct, and the defendants now await sentencing for their crimes.”

According to the allegations in the Complaint, the Indictment, and statements made during court proceedings:

Between approximately October 2017 and February 2018, CHRISTIAN TORO and TYLER TORO conspired to build and possess a destructive device at their residence in the Bronx, New York (the “Residence”).  CHRISTIAN TORO, a former teacher at a high school in Harlem, New York (the “School”), paid students from the School for their assistance in manufacturing the destructive device, doling out approximately $50 per hour in return for the students’ work dismantling fireworks and storing the explosive powder contained within those fireworks in containers.  CHRISTIAN TORO also had on his School laptop a copy of a book that provided instructions for, among other things, manufacturing explosive devices.

On February 15, 2018, law enforcement agents searched the Residence pursuant to a judicially authorized search warrant.  In a bedroom shared by CHRISTIAN TORO and TYLER TORO, law enforcement agents recovered numerous components for use in building a destructive device and other dangerous substances, including: (i) a glass jar containing low explosive powder; (ii) a strip of magnesium metal; (iii) approximately twenty pounds of iron oxide; (iv) approximately five pounds of aluminum powder; (v) a mixture of iron oxide and aluminum powder, the key ingredients for thermite; (vi) approximately five pounds of potassium nitrate; (vii) a cardboard box containing firecrackers; and (viii) metal spheres, which can be used as fragmentation for a bomb.

Also in the Residence, law enforcement agents found a handwritten diary labeled with TYLER TORO’s name, which stated, among other things, “WE ARE TWIN TOROS STRIKE US NOW, WE WILL RETURN WITH NANO THERMITE” and “I AM HERE 100%, LIVING, BUYING WEAPONS.  WHATEVER WE NEED.”  Agents also recovered a page inside a notebook found in the Residence labeled “Operation Flash,” with a ledger appearing to delineate the hours worked and payment owed to one of the School’s students.

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CHRISTIAN TORO, 28, and TYLER TORO, 28, both of the Bronx, New York, each pled guilty to one count of conspiracy to manufacture and unlawfully possess a destructive device, which carries a maximum sentence of five years in prison; one count of unlawfully manufacturing a destructive device, which carries a maximum sentence of 10 years in prison; and one count of unlawfully possessing a destructive device, which carries a maximum sentence of 10 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as the defendants’ sentences will be determined by Judge Berman. 

U.S. Attorney Berman praised the outstanding investigative work of the Federal Bureau of Investigation’s (“FBI”) New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department.

This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant United States Attorney Elizabeth A. Hanft is in charge of the prosecution.

            WASHINGTON – A former employee of the District of Columbia Public Schools and a business owner, her longtime friend, pled guilty today to a federal mail fraud charge stemming from a bid-rigging scheme involving a government contract valued at nearly $300,000.

            The announcement was made by U.S. Attorney Jessie K. Liu, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and District of Columbia Inspector General Daniel W. Lucas.

            Amber R. Crowder, 39, of Washington, D.C., also known as Amber Hines, and Shauna Marie Brumfield, 40, of Sacramento, Calif., also known as Shauna Snell, each pled guilty in the U.S. District Court for the District of Columbia. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. The Honorable Senior Judge John D. Bates scheduled Brumfield’s sentencing for Feb. 5, 2019, and Crowder’s sentencing for Feb. 11, 2019.

            According to a Statement of Facts agreed to by both defendants as part of their plea, Crowder worked as a program manager in the Office of Special Education (OSE) of the District of Columbia Public Schools (DCPS).  In the summer of 2012, Crowder was tasked with identifying and recommending a company to aid in the scheduling of meetings related to individual education plans for special education students.  Brumfield and Crowder agreed to work together to obtain the contract.  

            On Aug. 7, 2012, Brumfield created a company called A Simple Solution to bid on the contract.  Brumfield and Crowder were partners in A Simple Solution.  Crowder was not identified in any company filings or listed on any communications to DCPS in order to conceal her ownership interest in A Simple Solution.  At the time, Brumfield and Crowder were also partners in another company called Education Connection, which provided tutoring services to special education students.  Crowder was not identified in any Education Connection company filings or listed on any Education Connection communications to DCPS.  

            OSE chose A Simple Solution for the administrative assistant contract over several local qualified companies based on written documentation prepared by Crowder and her personal recommendation.  In that documentation, Crowder falsely stated that A Simple Solution was an experienced company.  Crowder falsely claimed that her contact person for A Simple Solution was “Marie Matthews,” which was an alias used by Brumfield.  Crowder did not disclose that she was on the payroll of Education Connection.  A Simple Solution bid $298,800 for the contract because Crowder disclosed to Brumfield that the expected budget for the contract was $300,000.  Two separate contracts were signed to cover the entire school year.  Crowder’s boyfriend signed the first contract as the purported A Simple Solution Chief Financial Officer, while Brumfield’s boyfriend signed the second contract as the purported A Simple Solution branch manager in order to make it appear that A Simple Solution was an established company with multiple employees.

            As a result of the fraud, from October 2012 through March 2014, the District of Columbia Public Schools paid approximately $222,000 to A Simple Solution.  Brumfield transferred approximately $19,164 of those funds from A Simple Solution’s bank account to Crowder’s personal bank account.

            In announcing the pleas, U.S. Attorney Liu, Assistant Director in Charge McNamara, and Inspector General Lucas commended the work of those who investigated the case from the FBI’s Washington Field Office and the District of Columbia Office of the Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas, Paralegal Specialists Joshua Fein and Aisha Keys, and former Paralegal Specialists Jessica Mundi and Kristy Penny. Finally, they commended the work of Assistant U.S. Attorneys Anthony Saler and Kondi Kleinman, who investigated and prosecuted the case.

Two men who possessed and sold counterfeit carfentanil pills were sentenced today to a total of more than 11 years in federal prison.

Cameron James Lensmeyer, age 20, and Evan Paul Sage, age 20, both from Waverly, Iowa, received the prison terms after their May 2018 guilty pleas.  Lensmeyer pled guilty to possession with intent to distribute carfentanil and marijuana.  Sage pled guilty to possession with intent to distribute carfentanil, cocaine, and marijuana, and possession of a firearm in furtherance of a drug trafficking crime.

In a plea agreement, Lensmeyer admitted that he and Sage purchased hundreds of purported prescription pills, including purported oxycodone and alprazolam pills, through a “dark web” marketplace.  Evidence at an earlier hearing showed that, during a search of Lensmeyer’s and Sage’s shared Cedar Falls residence in June 2017, investigators seized over 800 blue pills that appeared to be prescription oxycodone pills (depicted below), over $20,000 in cash, over 30 grams of cocaine, over 600 grams of marijuana, and a loaded .32 caliber handgun.  Later testing determined that most of the blue pills contained carfentanil, while a smaller amount contained another synthetic fentanyl called cyclopropyl fentanyl.  Carfentanil is a powerful narcotic that is 10,000 times more potent than morphine and 100 times more potent than fentanyl.  It is not approved for use by humans, but is used as an elephant tranquilizer.

Lensmeyer and Sage were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Lensmeyer was sentenced to 52 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  Sage was sentenced to 85 months’ imprisonment.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Both men are being held in the United States Marshal’s custody until they can be transported to a federal prison.

The case was investigated by the Tri-County Drug Enforcement Task Force and was prosecuted by Assistant United States Attorney Dan Chatham.

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

The case file number is 18-CR-2004-LRR.

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A convicted felon who went “car hopping” with others in Alburnett, Iowa, and possessed a stolen gun was sentenced today to more than seven years in federal prison.

Sejuan Walker, age 22, from Marion, Iowa, received the prison term after a July 25, 2018, guilty plea to being a felon in possession of a firearm.

Information from the sentencing hearing showed that on January 28, 2018, Walker and two others went “car hopping” in Alburnett, a town in rural Linn County, Iowa.  Their “car hopping” involved going from parked car to parked car to see which cars were unlocked.  After finding an unlocked car, the three searched the car to find any valuables.  One of the three found a handgun in a pickup truck and stole it and a wallet from the truck.  Walker later used a debit card from that wallet to make purchases at the Wal-Mart in Anamosa.

Law enforcement officers located Walker at an apartment building in Coralville, Iowa, on February 1, 2018.  As officers were approaching him, Walker went into the apartment building and then out a back door.  Officers later located the handgun stolen from Alburnett in a clothes dryer located in the common area of the apartment building.  At his plea hearing, Walker admitted he possessed that handgun on February 1.

Walker was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Walker was sentenced to 87 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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.   The Department of Justice 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, the Department of Justice 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.

Walker is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Linn County Sheriff’s Office. 

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

The case file number is 18-cr-55.

Follow us on Twitter @USAO_NDIA.

BOSTON – A Worcester man pleaded guilty today in federal court in Worcester to drug and firearm charges.

Cleon Riley, 36, pleaded guilty to one count of being a felon in possession of firearms and ammunition, one count of distributing cocaine, and one count of possessing fentanyl with intent to distribute. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Feb. 26, 2019. Riley has been detained since his arrest in May 2018.

On multiple occasions in 2018, Riley sold cocaine to a confidential source in Worcester. On one occasion in February 2018, Riley sold powder cocaine, crack cocaine, and a .9mm Beretta handgun, which had previously been reported as stolen, to the same source.

Riley was arrested by local police in May 2018. At the time of his arrest, he was in possession of seven bags of fentanyl and 20 bags of cocaine. Law enforcement also located additional quantities of fentanyl and cocaine in a car used by Riley, as well as a large quantity of fentanyl, digital scales, cutting agents, and packaging materials in an apartment that Riley used.

The drug charges carry sentences of no greater than 30 years in prison, at least six years and up to a lifetime of supervised release, and a $2 million fine. The firearm charge provides for a sentence of no greater than 10 years in prison, three years of supervised release and a $250,000 fine. Riley will face enhanced penalties if he is found to be in violation of the Armed Career Criminal Act. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Lawrence J. Panetta, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Worcester County District Attorney’s Office and the Worcester Police Department. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.

"With our law enforcement partners, we are actively looking into these acts of hate and intimidation. Let me be perfectly clear - there is absolutely no place in our state for these unacceptable symbols or tactics to intimidate others. If we find evidence beyond a reasonable doubt that a federal crime has occurred, these criminals will be swiftly prosecuted and held accountable. Let us all respond to these despicable acts by voting, working, raising our families, practicing our faith, and pursuing the American dream here in our great state without fear or trepidation and in harmony with our fellow citizens."

Christina E. Nolan, United States Attorney for the District of Vermont, stated that Shane David, 24, of Brooklyn, New York, was sentenced today in United States District Court in Burlington by U.S. District Court Judge Christina Reiss, to 72 months in prison followed by four years of post-release supervision, for possession with intent to distribute approximately 1.4 kilograms of crack cocaine and 1.05 kilograms of marijuana.

According to court records, on October 14, 2017, David was stopped by Vermont State Police for speeding on VT Route 22A in West Haven, Vermont.  A subsequent investigation led to substantial seizures from the vehicle of crack cocaine and marijuana with a combined street value of between $170,000 and $200,000.

On January 11, 2018, David was indicted by a federal grand jury on a one-count indictment charging him with Possession with Intent to Distribute crack cocaine and marijuana.  David pleaded guilty to a Superseding Information on August 10, 2018, pursuant to a negotiated plea agreement.

The case was jointly investigated by the Vermont State Police and the Federal Bureau of Investigation.  The United States Attorney commends those agencies for their work and cooperation.  David was represented by Assistant Federal Public Defender Elizabeth Quinn.  The prosecutor was Assistant U.S. Attorney Abigail Averbach.

John H. Durham, United States Attorney for the District of Connecticut, Brian C. Turner, Special Agent in Charge of the Federal Bureau of Investigation, and Hartford Police Chief David Rosado, today announced that a federal grand jury in Hartford has returned a four-count indictment charging RANDY PARKMAN, 41, of Hartford, with robbery and firearm offenses.

The indictment was returned on November 6, 2018.  Parkman appeared today before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and entered a plea of not guilty to the charges.  He has been detained since his arrest on October 22, 2018.

As alleged in court documents, on May 22, 2018, Parkman shot and seriously wounded an individual during a robbery at 149 Wethersfield Avenue in Hartford.  At the time, the location was being used as a “trap house” by a drug trafficking organization.  Parkman was arrested at his residence on October 22, 2018.  On that date, a search of the home revealed a Taurus, Model 444, .44 caliber revolver, which had been reported stolen from a motor vehicle in Hartford in August 2018.

It is alleged that Parkman’s criminal history includes numerous felony convictions for larceny, burglary and other offenses.  It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

The indictment charges Parkman with one count of interference with commerce by robbery, an offense that carries a maximum term of imprisonment of 20 years, and one count of possession and discharge of a firearm during and in relation to a crime of violence, an offense that carries a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life.  The indictment also charges Parkman with one count of possession of ammunition by a convicted felon and one count of possession of a firearm by a convicted felon, offenses that carry a maximum term of imprisonment of 10 years on each count.

U.S. Attorney Durham stressed that an indictment is not evidence of guilt.  Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

This matter is being investigated by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes Task Force and the Hartford Police Department.  The Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.  The Hartford Police Department’s Vice and Narcotics Division and Shooting Task Force have provided valuable assistance to the investigation.

The case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.

KANSAS CITY, Mo. – A Polo, Mo., man was sentenced in federal court today for his role in a $4.3 million conspiracy to distribute large quantities of methamphetamine and heroin throughout Clay, Ray, Clinton and Buchanan counties.

Joshua K. Bowers, 34, was sentenced by U.S. Chief District Judge Greg Kays to 25 years and 10 months in federal prison without parole. The court also ordered Bowers to forfeit to the government $11,319, which was seized by law enforcement officers, and to pay a money judgment of $525,600, which represents the proceeds received from illegal drug trafficking. Bowers is the final defendant among 26 defendants in this case to be sentenced after pleading guilty. 

On June 9, 2017, Bowers pleaded guilty to participating in a conspiracy to distribute methamphetamine, to participating in a conspiracy to distribute heroin, and to possessing a firearm in furtherance of a drug-trafficking crime.

In 2010, the Buchanan County Drug Strike Force and the DEA initiated an investigation into a drug-trafficking organization distributing methamphetamine in northwest Missouri and northeast Kansas. According to court documents, conspirators sold $4,359,600 worth of methamphetamine and heroin from 2010 to 2015. That estimate is based on a conservative street price of $1,200 for an ounce of 50 percent pure methamphetamine and the total conspiracy distribution of at least 100 kilograms of methamphetamine, and a conservative street price of $2,500 per ounce of heroin and an overall conspiracy distribution of approximately three pounds.

Bowers admitted that he was responsible for the distribution of more than five kilograms of methamphetamine and more than one kilogram of heroin. Bowers also admitted that he was in possession of a Springfield Armory .40-caliber semi-automatic handgun, a New England 12-gauge shotgun and various other firearms during the drug-trafficking conspiracy.

Law enforcement officers executed a search warrant at Bowers’s resident on Jan. 13, 2015, and seized approximately one kilogram of methamphetamine, heroin, firearms, drug paraphernalia, drug sale proceeds and a drug ledger. 

This case was prosecuted by Assistant U.S. Attorneys Bruce Rhoades, Bradley K. Kavanaugh and Matt Moeder. It was investigated by the Clay County Drug Task Force, the Missouri State Highway Patrol, the Caldwell County, Mo., Sheriff’s Department, the Buchanan County Drug Strike Force and the DEA.
 

            WASHINGTON – A 31-year-old man, of Washington, D.C., pled guilty today to sexually abusing his 12-year-old biological daughter, U.S. Attorney Jessie K. Liu announced.

            The man, who is not identified here to protect the privacy of the victim, pled guilty in the Superior Court of the District of Columbia to a charge of second-degree child sexual abuse. The plea, which is contingent upon the Court’s approval, calls for an agreed-upon five-year prison term. Following his prison term, the man will be required to register for 10 years as a sex offender and also complete a term of supervised release. The Honorable Danya A. Dayson scheduled sentencing for Feb. 8, 2019.

            According to the government’s evidence, on Sept. 15, 2018, the victim was staying with her father at her uncle’s house. The victim was asleep on the bed with her brother. The defendant lay down behind her and sexually assaulted her. The victim “froze” while this was happening and tried to think of words to make it stop. She told the defendant to move, and she got off the bed and grabbed her phone and walked to the bathroom to call her mother. The defendant told her not to call her mother, but she called her and reported the abuse. The victim then called 911.

            The defendant was arrested the same day and has been in custody ever since.

            In announcing the plea, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department’s Youth and Family Services Division. She also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences, the Children’s Advocacy Center, and Children’s National Medical Center. She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Tracey Hawkins, Paralegal Specialist Brenda Williams, and Assistant U.S. Attorney Elana Suttenberg, who investigated and prosecuted the case.

PHILADELPHIA – United States Attorney William M. McSwain announced today that Giuseppe “Pino” DiMeo, 51, of Eagleville, Pennsylvania, was sentenced to 24 months’ imprisonment and ordered to pay $463,738 in restitution to the Internal Revenue Service (“IRS”), for conspiring to defraud the IRS and filing false tax returns.  In addition, DiMeo was also sentenced to serve three years of supervised release and ordered to pay a special assessment of $1,100.  

DiMeo and his business partners at restaurants defrauded the IRS of income taxes and payroll taxes.  From 2008 through 2014, DiMeo took cash from his restaurants and paid many of his employees in cash under the table, then hid his “cash skim” and the cash payroll payments from his accountant and from the IRS in order to evade payment of income and payroll taxes.  In total, DiMeo failed to report to the IRS approximately $2,000,000 in gross receipts from his stores.

DiMeo’s cash skim and cash payroll payments occurred at DiMeo’s Pizza of Lafayette Hill, Pennsylvania (closed); Pizzeria DiMeo’s of Philadelphia, Pennsylvania (now sold); Allegro Pizza of Philadelphia, Pennsylvania (closed); and DiMeo’s Pizzaiuoli Napulitani of Wilmington, Delaware. 

“For years, DiMeo maintained that his businesses were barely profitable, all the while living a lavish lifestyle bankrolled by the money he owed the IRS,” said U.S. Attorney McSwain.  “His actions reveal a deliberate disregard for the law.  Today’s sentence sends a powerful message to those who cheat the tax system: you will not get away with it.”

“Not only did Giuseppe DiMeo skirt his income tax obligations, he also failed to withhold and remit, to the IRS, income taxes for his employees,” said IRS Criminal Investigation Special Agent in Chart Guy Ficco.  “This sentence should serve as a reminder that IRS Criminal Investigation and the Department of Justice have no tolerance for such criminal behavior.”

The case was investigated by the Internal Revenue Service, Criminal Investigations, and was prosecuted by Assistant United States Attorneys Maria M. Carrillo and Tiwana L. Wright

TULSA, Okla. A Kellyville woman was convicted today in U.S. District Court of embezzling in excess of $1,000 from an Indian tribal organization, announced U.S. Attorney Trent Shores.

Linda Kay Buchanan, 51, pleaded guilty to embezzling money from a Kellyville Indian Community general fund account from December 2014 to February 2018. The Kellyville Indian Community is a community of the Muscogee (Creek) Nation.

Investigators estimate Buchanan embezzled more than $40,000 from the general fund. 

“Ms. Buchanan had a fiduciary responsibility in her position of financial oversight of bank accounts. She acted selfishly toward the community she was trusted to serve for more than three years,” said U.S. Attorney Trent Shores. “Embezzlement and financial corruption can be devastating with far reaching losses. It is through a strong collaborative partnership between the Muscogee (Creek) Nation Attorney General’s Office and the FBI that Ms. Buchanan was brought to justice.”

The Kellyville Indian Community discovered Buchanan’s illegal activity after they removed her as treasurer. When board members tried to access monies from the general account that Buchanan was formerly responsible for, they discovered there were insufficient funds. Investigators found that Buchanan had illegally written checks made out to herself and to cash for her own personal use during her time as treasurer.

U.S. District Chief Judge Gregory K. Frizzell scheduled sentencing for Feb. 27. Buchanan was released under conditions until sentencing and potentially faces a maximum penalty of five years in prison, a $250,000 fine, and three years of supervised release.

This case resulted from a joint investigation performed by the Muscogee (Creek) Nation Attorney General’s Office and the FBI and was prosecuted by Assistant U.S. Attorney Shannon Cozzoni.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luis Rosario, 42, of Buffalo, NY, who was convicted of attempt to possess with intent to distribute 500 grams or more of cocaine, was sentenced to serve 33 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on June 8, 2016, the United States Postal Inspection Service executed a federal search warrant on a postal parcel that was addressed to co-defendant Jorge Rivera at a residence on Woodlawn Avenue in Buffalo. The package was mailed from Puerto Rico. The package contained approximately two pounds of a white powdery substance that field-tested positive for the presence of cocaine.

Law enforcement officers replaced the contents of the package with sham and a transmitter that would alert officers when the package was opened. Officers then conducted a controlled delivery of the package to the residence. The package was signed for and accepted by Jorge Rivera. The defendant then arrived at the residence and the package was opened a short time later. When officers then entered the residence, Rivera and Rosario fled down the rear staircase and entered the lower apartment. As they did so, Rivera threw the sham kilogram of cocaine out of the second story window. Both defendants were arrested.

During a search of the residence, officers seized a digital scale, packaging equipment, and cell phones.

Jorge Rivera was previously convicted and is awaiting sentencing.

The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin, Boston Division. 

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marcellus Overton, 43, of Niagara Falls, NY, pleaded guilty to conspiracy to commit sex trafficking of a minor before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of life in prison and a $250,000 fine.

Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that in December 2012, the defendant met Victim 1 in Olean, NY, through a friend of Victim 1. Overton transported Victim 1, who was 17 years old, and a friend to Niagara Falls. Between late December 2012 and March 2013, the defendant conspired to have advertisements posted online at Backpage.com soliciting prostitution appointments for Victim 1. Overton transported or arranged for the transportation of Victim 1 to prostitution appointments scheduled as a result of the Backpage.com advertisements. The defendant also rented or arranged for the rental of hotel rooms at which Victim 1’s prostitution appointments took place. Overton received a share of Victim 1’s earnings from the prostitution appointments.

The plea is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in- Charge Kevin Kelly, and the New York State Police, under the direction of Major Edward Kennedy. 
 
Sentencing is scheduled for March 20, 2019, at 11:00 a.m. before Judge Skretny.

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TYLER, Texas – A 46-year-old Ft. Worth man has pleaded guilty to federal wildlife violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

                Jorge Fernando Mercado pleaded guilty to an Information charging him with unlawful possession of migratory birds today before U.S. Magistrate Judge John D. Love.

According to information presented in court, on Sep. 30, 2017 in Van Zandt County, Texas, Mercado, knowingly possessed, and then sold, a live Eastern Screech-Owl (Megascops asio) to another individual for $200.00.  The Eastern Screech-Owl is a “migratory bird” which is protected by federal statute and international conventions.  Mercado admitted that he knowingly possessed and sold the owl without a valid permit or authorization.

                Under federal statutes, Mercado faces up to six months 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.

The owl was recovered and rehabilitated by U.S. Fish & Wildlife and has since been released back into the wild.  

                This case was investigated by Texas Parks and Wildlife and U.S. Fish and Wildlife Service and prosecuted by Assistant U.S. Attorney Jim Noble.

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PLATTSBURGH, NEW YORK – Hector Vinicio Howell-Calvo, age 50, a Canadian resident and Costa Rican citizen, was arrested on November 23 for encouraging and inducing three aliens, all Mexican citizens, to illegally enter the United States. 

The announcement was made by United States Attorney Grant C. Jaquith; Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry; and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

According to the criminal complaints, Howell-Calvo attempted to drive to the United States through the Mooers, New York, Port of Entry on the morning of November 23, 2018. 

During inspection at the Port of Entry, Howell-Calvo admitted to Customs and Border Protection Officers that he drove three Mexican citizens to the Canadian side of the border, where they planned to cross the border on foot, and that Howell-Calvo planned to pick up the Mexican citizens on the United States side of the border and to drive them to Newark, New Jersey. 

Border Patrol Agents then found the three aliens walking in Mooers Forks, New York.   Further investigation revealed that each of them paid or planned to pay Howell-Calvo 3,000 Canadian dollars in exchange for helping them illegally enter the United States. 

The charges in the complaints are merely accusations.  The defendants are presumed innocent unless and until proven guilty. 

The three Mexican citizens are Martin Soriano-Trujillo, Leobardo Uriel Soriano-Trujillo, and Jose Manuel Rodriguez-Garcia.

Leobardo Soriano-Trujillo and Rodriguez-Garcia have been charged with the misdemeanor crime of illegal entry.  Martin Soriano-Trujillo, who was deported from the United States on October 21, 2011, has been charged with illegal re-entry, a felony.

The charge filed against Howell-Calvo carries a maximum sentence of 10 years in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by U.S. Customs and Border Protection and U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Shira Hoffman.

John H. Durham, United States Attorney for the District of Connecticut, announced that MIRIAM DUBAY, 66, of Purcellville, Virginia, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 33 months of imprisonment, followed by three years of supervised release, for embezzling more than $326,000 from her Connecticut employer.

According to court documents and statements made in court, Dubay, who formerly resided in Shelton, was the bookkeeper for a small, family-owned business in Shelton.  Dubay was the only accounting person for the business, and she had access to the company’s bank accounts, check stock, accounting books and records, and petty cash.  She also was responsible for depositing business checks and cash payments from customers into the company’s bank account.

From at least as early as April 2010 and continuing through October 2016, Dubay engaged in a scheme to defraud her employer by writing checks on company check stock made out to “cash” and either forging the signature on the checks by hand or by using a fraudulently obtained signature stamp.  Dubay either deposited the checks into her personal bank account or cashed the checks at the bank where her employer maintained its business account.  Dubay forged 168 separate checks totaling $239,851.68.

As part of this embezzlement scheme, Dubay also stole 103 customer cash payments, totaling $86,279, instead of depositing the cash into the business’s bank account.

Judge Underhill ordered Dubay to make full restitution to her victim employer.

On June 26, 2018, Dubay pleaded guilty to one count of wire fraud.

Dubay, who is released on a $20,000 bond, was ordered to report to prison on January 16, 2019.

This matter was investigated by the Shelton Police Department, the U.S. Secret Service and the Connecticut Financial Crimes Task Force.  The case was prosecuted by Assistant U.S. Attorney Susan L. Wines.

CHARLESTON, W.Va. – A Chapmanville man pled guilty today to drug and firearm charges, announced United States Attorney Mike Stuart.  Courtney Edward Dalton, 39, entered his guilty plea to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking before United States District Judge Joseph R. Goodwin.  Stuart commended the investigative efforts of the U.S. 119 Task Force and the Federal Bureau of Investigation (FBI).

“When we find guns on drug dealers, we will charge them with both drug and gun crimes,” said United States Attorney Mike Stuart.  “We will not tolerate gun-toting drug dealers in our communities.”  

On March 13, 2018, as part of an ongoing drug investigation, police stopped Dalton as he was driving on WV Route 10 in Harts, Lincoln County, West Virginia.  Upon searching the vehicle, police found approximately 1.5 ounces of methamphetamine, marijuana, scales, and a loaded Taurus 9mm pistol.  Dalton admitted that he intended to distribute the methamphetamine and that he carried the pistol in order to protect himself from being robbed of his drugs. 

Dalton faces a mandatory minimum sentence of 5 years to life in federal prison when he is sentenced on February 20, 2019.   Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.

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RENO, Nev. – A northern Nevada cardiologist pleaded guilty today to distributing highly addictive prescription drugs Oxycodone and Hydrocodone to patients without a medical purpose, announced U.S. Attorney Dayle Elieson for the District of Nevada.

Dr. Devendra I. Patel, aka Devendrakumar I. Patel, 59, of Elko, who owns and operates Northeastern Nevada Cardiology, was indicted by a grand jury in December 2017. United States District Judge Larry R. Hicks accepted the guilty plea.

The investigation revealed Patel contributed to the opioid epidemic by unlawfully prescribing opioids and other prescription narcotics to patients for financial gain. As part of his plea, Patel admitted that, between September 2015 and February 2016, he prescribed Oxycodone (such as OxyContin) and Hydrocodone (such as Norco) to patients without a legitimate medical purpose and outside the usual course of professional practice. These prescriptions were in direct violation of his duty as a long-term licensed medical doctor. His license was suspended upon his arrest in December 2017. Patel’s prescribing practices allowed him to see a high volume of patients and easily prescribe and sell the opioids, while not addressing any legitimate medical concerns of his patients.

Sentencing is scheduled for March 18, 2019. The statutory maximum penalty is 20 years in prison and a $1,000,000 fine.

The case was investigated by the FBI, DEA, Office of Inspector General of the U.S. Department of Health and Human Services, U.S. Secret Service, the Elko Combined Narcotics Unit, Elko Police Department, Elko County Sheriff’s Office, and the Nevada Department of Public Safety. Assistant U.S. Attorneys Kilby Macfadden and Sue Fahami are prosecuting the case.

According to the CDC, approximately 115 Americans die every day of an opioid-related overdose. In 2016, there were 408 opioid-related deaths in Nevada, according to the Nevada Department of Health and Human Services. In 2016, Nevada’s per capita prescription rate for opioids was 87/100 residents. Nevada ranked as the sixth highest state for the number of milligrams of opioids distributed per adult, according to a DEA study. From 2010 to 2016, opioid-related hospitalizations have increased by 136% in emergency room encounters and 84% in in-patient admissions. During this time-period, 85% of all opioid-related deaths in Nevada were deemed accidents, according to the National Institute on Drug Abuse Study for Nevada.

The Opioid Fraud and Abuse Detection unit is a program that utilizes data to help combat the devastating opioid crisis. The District of Nevada was selected as one of 12 districts nationally to participate in the pilot program. The District of Nevada has assigned an experienced prosecutor that focuses solely on investigating and prosecuting health care fraud related to medical professionals who prescribe opioids, that unlawfully divert of dispense prescription opioids for illegitimate purposes.

For information about the harmful effects of illicit drug use, visit www.JustThinkTwice.com for teens, and www.GetSmartAboutDrugs.com for parents, educators and caregivers. To report suspected opioid-related crimes, the public is encouraged to contact the DEA at www.deadiversion.usdoj.gov/tips_online.htm or the FBI at tips.fbi.gov.

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HUNTINGTON, W.Va. – Two Huntington men were sentenced to prison for their roles in the Peterson drug trafficking organization (DTO), announced United States Attorney Mike Stuart.   The Operation Saigon Sunset investigation was conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.  

“Fentanyl and heroin have caused so many of our citizens to die of overdose,” said United States Attorney Mike Stuart.  “To put drug peddlers like Sykes and Graves behind bars is a big win for the people of Huntington.”

Lawrence Sykes, Jr., also known as “Boog,” 26, who was caught selling fentanyl in November 2017, was sentenced to 33 months in prison. Sykes previously pled guilty to an indictment charging him with conspiracy to distribute heroin and fentanyl.  Sykes admitted that between August 2017 and April 2018 he conspired with Manget Peterson to sell heroin in the Huntington, West Virginia area.  As part of the plea agreement, Sykes admitted to distributing approximately 28 grams of fentanyl to a confidential informant in November 2017.   

Charles Graves, also known as “Bo,” 46, who was caught selling heroin in February 2018, was sentenced to 18 months in prison. Graves previously pled guilty to an indictment charging him with conspiracy to distribute heroin.  Graves admitted that in January and February 2018 he conspired with Manget Peterson to sell heroin in the Huntington, West Virginia area.  As part of the plea agreement, Graves admitted to distributing heroin to a confidential informant in February 2018.   

United States District Judge Robert C. Chambers imposed the sentences.  Assistant United States Attorney Stephanie S. Taylor handled the prosecutions.

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