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Navajo Man from Shiprock Facing Aggravated Sexual Abuse Charge

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ALBUQUERQUE – Wilfred Garcia, 53, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., appeared in federal court today in Albuquerque, N.M., on a criminal complaint charging him with aggravated sexual abuse.  Trial has yet to be scheduled.

Agents from the Navajo Nation Division of Public Safety arrested Garcia in Shiprock on November 22, 2018.  According to the criminal complaint, Garcia pulled up to the victim while driving his truck.   He got out, put his arms around the victim, and held a hard object to her back while telling her, “Don’t move.”  Garcia then forcibly placed the victim in his truck and drove to a dirt road where he sexually assaulted her.  The victim eventually got away from Garcia, flagged down a motorist for help, and reported the incident to police, who arrested Garcia later that day. 

The maximum penalty upon conviction for aggravated sexual abuse charge is life in federal prison.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety.  Assistant U.S. Assistant U.S. Attorney Frederick T. Mendenhall, III, is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's ongoing efforts to increase engagement, coordination and action on public safety in tribal communities.


Attorney Admits Filing False Tax Returns

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John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of IRS Criminal Investigation in New England, announced that JUSTIN C. FREEMAN, 46, of Manchester, waived his right to be indicted and pleaded guilty today before U.S. District Judge Kari A. Dooley in Bridgeport to a federal tax charge related to his filing false tax returns that substantially underreported his income.

According to court documents and statements made in court, Freeman is an attorney who owns and operates his own law practice, The Law Offices of Justin C. Freeman, based in Hartford.  For the 2010, 2011 and 2012 tax years, Freeman signed individual federal income tax returns that significantly underreported the income he received from his law practice.  The returns were subsequently filed by his tax preparer.

For 2010, Freeman reported $476,228 in total income, but actually earned $860,041.93.  For 2011, he reported $410,002 in total income, but actually earned $1,093,147.43.  For 2012, he reported $529,673 in total income, but actually earned $696,559.43.

Freeman pleaded guilty to one count of filing a false tax return.  Judge Dooley scheduled sentencing for February 20, 2019, at which time Freeman faces a maximum term of imprisonment of three years and a fine of up to approximately $840,000.  He has paid $419,259 in back taxes, and has agreed to cooperate with the IRS to pay all outstanding taxes, interest and penalties.

This matter is being investigated by the Internal Revenue Service – Criminal Investigation Division.  The case is being prosecuted by Assistant U.S. Attorney Susan L. Wines.

Boston Man Charged with Drug Trafficking

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BOSTON – A Boston man was charged today in federal court in Boston with drug distribution.

Robert Santos, 24, was indicted on one count of possessing with intent to distribute crack cocaine.

The charge of possession with intent to distribute crack cocaine provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Chris Looney of Lelling’s Criminal Division is prosecuting the case.

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

Federal Jury Finds Florida Man Guilty of Traveling to Southern Illinois to Engage in Sex With a 13 Year Old Child

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Abdon faces 10 years to life

Emmanuel D. Abdon, 31, a resident of Florida, was found guilty by a federal jury of enticement of minor (Count 1) and travel with intent to engage in illicit sexual conduct (Count 2). On Count 1, Abdon faces a term of imprisonment of not less than 10 years’ imprisonment, but not more than life, a term of supervised release of at least five years to life, a fine of not more than $250,000, and a special assessment of $100. On Count 2, Abdon faces a term of imprisonment of not more than 30 years, a term of supervised release of at least five years to life, a fine of not more than $250,000, and a special assessment of $100.

The evidence at trial established that, on January 13, 2018, Emmanuel Abdon, then 30 years old, traveled from Florida to Troy, Illinois, to meet and engage in sexual intercourse with a 13 year old female. Abdon visited the minor female’s house on 3 separate occasions. He was arrested in her driveway on his last visit to her house. The offense came to light when a 14 year old friend of the victim, who was present during the first meeting between Abdon and the victim at the victim’s house, told her foster mother about her concern that an adult male would travel from Florida to Illinois to meet a 13 year old girl. The foster mother than contacted the Troy Police Department who immediately launched an investigation. The evidence also established that, from

on or about December 22, 2017, until on or about January 13, 2018, the defendant, met the victim online and through text messaging, Facetime, and Snapchat, attempted to persuade, induce, entice and coerce the minor victim to engage in sexual activity with him when he arrived in Illinois.

"State and federal law enforcement will use every available resource to protect the community from those who lurk in the shadows of the internet seeking to prey upon children," said United States Attorney Steven D. Weinhoeft. Weinhoeft credited the work of the Troy Police Department and the Bureau of Homeland Security – Homeland Security Investigations for their work in this case.

The case is being prosecuted byAssistant United States Attorneys Angela Scott and George Norwood.

Member of U.S. Air Force Pleads Guilty to Abusive Sexual Contact with a Child

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Greenbelt, Maryland – Mitchell Oren Smith, age 28, an Airman in the U.S. Air Force, pleaded guilty today to abusive sexual contact with a child, which occurred while he resided at Joint Base Andrews in Prince George’s County, Maryland.

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Adanto D'Amore, Air Force Office of Special Investigations, Joint Base Andrews.

According to his plea agreement, from at least July 22, 2017 and continuing for several months, Smith engaged in sexually explicit conduct with a child victim who was under 10 years of age.  In the course of his abuse of the child, Smith also admitted that he photographed the abuse.  Investigators recovered a digital photograph from Smith’s cellular phone documenting his abuse of the victim.  All of these events occurred while Smith resided at Joint Base Andrews.

As part of his plea agreement, Smith will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).

Smith and the government have agreed that if the Court accepts the plea agreement Smith will be sentenced to between 240 and 448 months in prison.  U.S. District Judge Paul W. Grimm has scheduled sentencing for February 15, 2019, at 2:00 p.m. 

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

United States Attorney Robert K. Hur commended the FBI and the Air Force Office of Special Investigations for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Joseph R. Baldwin and Jennifer R. Sykes, who are prosecuting the federal case.

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Gentry Man Sentenced To 14 Years In Federal Prison For Distributing Child Pornography Online

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Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Cherokee Steward, age 24, of Gentry, Arkansas was sentenced today to 168 months in federal prison without the possibility of parole to be followed by twenty-five years of supervised release on two Counts of Distribution of Child Pornography. The Honorable Timothy L. Brooks, United States District Judge, presided over the sentencing hearing in Fayetteville.

According to court records, in March of 2018, federal law enforcement developed information that a Northwest Arkansas resident was distributing images of child pornography across the social media application Google Hangout. In response, a federal search warrant was obtained and executed on the residence. Upon gaining entry, law enforcement encountered Steward. During a post-Miranda interview, Steward admitted to obtaining images of child pornography online. Steward further admitted that he utilized the Google Hangout application to send images of child pornography to other users.

A federal grand jury indicted Stewardin April 2018, and he pled guilty in July 2018.

This case was investigated by the Department of Homeland Security Investigations (HSI) and the Northwest Arkansas Internet Crimes Against Children Taskforce. Assistant United States Attorney Dustin Roberts prosecuted the case for the United States.

 

Two KC Men Sentenced to 19 Years for Armed Robbery Conspiracy

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KANSAS CITY, Mo. – Two Kansas City, Mo., men were sentenced in federal court today for their roles in a conspiracy to commit 10 armed robberies at local businesses.

Jerry D. Patterson, 22, and Michael A. Harris, 20, were each sentenced by U.S. Chief District Judge Greg Kays to 19 years and six months in federal prison without parole.

On March 12, 2018, Patterson and Harris each pleaded guilty to the armed robbery conspiracy and to brandishing a firearm in furtherance of a crime of violence. Each admitted he was involved in a conspiracy to commit 10 armed robberies at area businesses over a four-week period in September and October 2017.

On Oct. 15, 2017, Patterson and Harris stole $3,500 at gunpoint from Walgreens Pharmacy, 1536 E. 23rd St., Independence, Mo. They drove Patterson’s red 2007 Pontiac G6 sedan; after officers discovered the vehicle, Patterson and Harrison abandoned it and fled on foot. Investigators searched the vehicle and found a Glock .40-caliber handgun, an extended .40-caliber magazine, money taken from the robbery, and a number of items used in several of the armed robberies. Agents also found a Kahr Arms .40-caliber handgun (seen in several surveillance videos) in a nearby wooded area.

On Oct. 20, 2017, Patterson reported his car stolen. On Oct. 31, 2017, both Harris and Patterson were arrested at their respective apartments. Evidence from the numerous robberies was recovered from each of their homes.

Patterson and Harris each admitted that they committed a series of armed robberies during the conspiracy. Patterson brandished a Kahr Arms .40-caliber handgun in all of the robberies. Harris brandished a Glock .40-caliber handgun in all of the robberies. In addition to the Walgreens Pharmacy robbery on Oct. 15, 2017, Patterson and Harris admitted they committed nine more armed robberies:

•    On Oct. 14, 2017, Patterson and Harris stole $4,275 at gunpoint from Walgreens Pharmacy, 9300 Gregory Blvd., Raytown, Mo.;
•    On Oct. 14, 2017, Patterson and Harris stole $3,000 at gunpoint from CVS Pharmacy, 6244 S. Brookside Blvd., Kansas City, Mo.;
•    On Oct. 10, 2017, Patterson and Harris robbed Dollar General, 5105 Blue Ridge Blvd., Raytown, Mo., at gunpoint;
•    On Oct. 9, 2017, Patterson and Harris stole $3,705 at gunpoint from Walgreens Pharmacy, 2261 S. Sterling Ave., Independence, Mo.;
•    On Oct. 8, 2017, Patterson and Harris stole $575 at gunpoint from Domino’s Pizza, 3709 S. Noland Road, Independence, Mo. They also stole $400 from employees.
•    On Oct. 2, 2017, Patterson and Harris stole $2,500 from CVS Pharmacy, 5310 Blue Ridge Blvd., Raytown, Mo.;
•    On Sept. 26, 2017, Patterson and Harris stole $380 from Family Dollar, 12521 E. 40 Hwy., Independence, Mo.;
•    On Sept. 26, 2017, Patterson and Harris stole $150 and some store items at gunpoint from 7 Eleven, 11107 Grandview Rd., Kansas City, Mo.;
•    On Sept. 10, 2017, Patterson and Harris stole $3,500 from Walgreens, 1100 E. 63rd. St., Kansas City, Mo.
 
This case was prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the FBI, the Kansas City, Mo., Police Department, the Independence, Mo., Police Department and the Raytown, Mo., Police Department.
 

Indictment: Drug Deals Took Place Within 1,000 Feet of Elementary School

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KANSAS CITY, KAN.– A federal grand jury returned an indictment today alleging drug deals were taking place within 1,000 feet of Junction Elementary School, U.S. Attorney Stephen McAllister said.

Michael Pruitt, 48, who is in federal custody, was charged with two counts of distributing methamphetamine and one count of possession with intent to distribute methamphetamine within 1,000 feet of the school at 2570 S. 42nd Street in Kansas City, Kan.

According to court documents, three times in November 2018 investigators working undercover bought methamphetamine from Pruitt. The transactions took place at a business at 4200 Shawnee Drive. A search of that business turned up almost two pounds of methamphetamine.

If convicted, Pruitt faces a penalty of not less than five years on the first distribution count, and not less than 10 years on each of the other counts. The Kansas Bureau of Investigation investigated. Assistant U.S. Attorney Sheri Catania is prosecuting.

 

OTHER INDICTMENTS

 

A Kansas man is charged with selling a pound of methamphetamine to an undercover investigator in a restaurant parking lot in Kansas City, Kan.

Moises Martinez-Martinez, 31, Kansas City, Kan., is charged with one count of distributing methamphetamine. According to court documents, Martinez-Martinez agreed to sell a pound of methamphetamine to undercover investigators for $5,000. The deal took place in the parking lot of Tapatio restaurant.

If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. The FBI investigated. Assistant U.S. Attorney Sheri Catania is prosecuting.


Mario Uriel-Quinones, 39, Leavenworth, Kan., is charged with escaping from custody at the Grossman residential reentry center in Leavenworth. The crime is alleged to have occurred Sept. 18, 2018.

If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Tris Hunt is prosecuting.

 

Robert Boyles, Jr., 55, Kansas City, Mo., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Dec. 28, 2017, in Johnson County, Kan.

If convicted, he faces a penalty of up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

 

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

 


Miami Gardens Couple Each Sentenced to 188 Months in Prison for Illegally Distributing Hydromorphone and Oxycodone in North Florida

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PENSACOLA, FLORIDA– Abbisina Hepburn, 39, and Damian Hepburn, 41, both of Miami Gardens, were each sentenced to 188 months in prison today, after pleading guilty on August 10.  The sentences were announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.

The Hepburns, along with co-conspirators Joseph Owusu, 63, of Tampa, and Angela Denise Clark, 48, of Sebring, pleaded guilty to conspiracy to distribute and possess with intent to distribute hydromorphone (Dilaudid) and oxycodone.  Additionally, the Hepburns pleaded guilty to substantive counts of illegal distribution of hydromorphone.

On November 14, Owusu was sentenced to 135 months in prison.  During the course of his guilty plea on August 17, Owusu acknowledged that he dispensed the drugs in violation of federal law.  He agreed to voluntarily surrender his Drug Enforcement Administration (“DEA”) registration (license) to the DEA, and his pharmacist license and the Jares Pharmacy license to the State of Florida.

Clark pleaded guilty on October 22 and is scheduled to be sentenced on January 3, 2019, at 10:30 a.m. at the U.S. Courthouse in Pensacola.

Beginning in or about October 2015, Abbisina Hepburn and Damian Hepburn began presenting fraudulent prescriptions for hydromorphone and oxycodone to Owusu at Jares Pharmacy in Sebring, Florida.  Later, in December 2016, Clark, a licensed pharmacy technician at Jares Pharmacy, became involved in the drug conspiracy.

The prescriptions presented were allegedly issued by a Hialeah doctor of osteopathy, to individuals other than Abbisina and Damian Hepburn.  Owusu owned Jares Pharmacy, and was also the licensed pharmacist there.  Owusu and Clark charged the Hepburns $9.00 per tablet.  After receiving the hydromorphone and oxycodone pills, the Hepburns traveled to Destin and other locations in the Northern District of Florida to sell the pills to third parties for a profit. 

U.S. Attorney Canova said: “Misused prescriptions are dangerous and contribute to the heroin and opioid epidemic our nation is currently experiencing.  One of the ways we are fighting this health crisis is by prosecuting medical professionals who illegally divert controlled substances from the intended use.  Corrupt pharmacists and their co-conspirators must be removed from positions which allow them to illegally distribute prescription pills.”

“In 2017, over 4,000 opioid-caused deaths were reported, which is a nine percent increase over the previous year.  The climbing number underscores the gravity of this problem,” said Rick Swearingen, Commissioner of the Florida Department of Law Enforcement. “Local, state, and federal law enforcement agencies across Florida are already working to combat the increase in opioid drug use, and FDLE will continue to work with our partners focusing on multi-jurisdictional drug trafficking organizations.”

“The opioid epidemic that we are facing today is one of the worst crises in American history, and our pharmacists play a vital role in preventing the illegal diversion of prescription opioid medications,” said Adolphus P. Wright, Special Agent in Charge of the DEA Miami Field Division.  “As demonstrated by this case, DEA remains committed to investigating unscrupulous licensed medical professionals, to include pharmacists and pharmacy owners who willingly turn a blind eye and contribute to this devastating public health emergency.”

The case was investigated by the Florida Department of Law Enforcement and the Walton County Sheriff’s Office with assistance of the DEA Diversion Division, and the DEA.  Assistant U.S. Attorney Edwin F. Knight represented the government at the Owusu and Hepburn sentencing hearings.

The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General.  To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website.  For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Woman Caught Stealing Mail In Englewood Sentenced To Prison

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DENVER – A woman was sentenced this week for her role in stealing mail from personal mailboxes in the Englewood area, U.S. Attorney Jason R. Dunn and Acting U.S. Postal Inspector in Charge Lesley Allison announced.  Krissie Renae Ward, age 20, of Denver, was sentenced by U.S. District Court Judge R. Brooke Jackson to serve 18 months in federal prison, followed by 3 years on supervised release.  Co-defendant Tiffany Krystal Mankin, age 34, of Denver, was scheduled to be sentenced today, but removed her ankle monitor and did not show up for sentencing.  Judge Jackson issued a bench warrant for her arrest. 

The two defendants were indicted by a federal grand jury in Denver on March 20, 2018.  Ward pled guilty before Judge Jackson on August 22, 2018 and was sentenced on November 27, 2018.  Mankin pled guilty before Judge Jackson on August 23, 2018 and was scheduled to be sentenced on November 28, 2018. 

According to the stipulated facts contained in both defendants’ plea agreements, on November 15, 2016, Englewood Police Department officers responded to a report of suspicious activity at a Safeway store located at 201 East Jefferson Avenue, in Englewood. The reporting party called police and stated that two females inside a black Volkswagen were opening excessive amounts of mail.  Englewood officers located the vehicle and contacted the occupants, who turned out to be Mankin and Ward.  Both were extremely nervous, fidgety, and avoided questions.  Both women were taken to the Englewood police station. 

During a search of the car, officers found 67 pieces of mail belonging to 31 different people.  None of the mail contained actual currency.  Law enforcement officers recovered seven checks totaling more than $9,000 from open, rifled mail.  Further investigation revealed that Ward and Mankin were looking for mail that contained credit cards and checks.  They took the mail out of curbside mailboxes by driving up and reaching out of the car window to grab the mail. 

“Stealing mail is not a victimless crime,” said U.S. Attorney Jason R. Dunn.  “Our country depends upon the integrity of our postal service, and when a crime such as this occurs, the recipient of the check or credit card as well as the financial institution issuing them suffers.” 

“The U.S. Postal Inspection Service would like to thank the diligent witness in this case who reported suspicious activity involving the U.S. Mail,” said Lesley Allison, Acting Inspector-in-Charge of the Denver Division.  “Along with the quick response from the Englewood Police Department, the actions of the witness allowed Postal Inspectors to quickly identify these defendants, who were responsible for stealing mail from numerous victims,” Allison said.  “As we enter into the busy holiday mailing season, today’s sentence marks a great example of what can happen when the public and law enforcement work together with Postal Inspectors to stop mail theft in our communities,” said Allison. 

This case was investigated by the U.S. Postal Inspection Service, with substantial assistance by the Englewood Police Department.

The defendants were prosecuted by Assistant U.S. Attorney Jason St. Julien.

Former Allentown Assistant City Solicitor Sentenced in Former Mayor Edwin Pawlowski’s Pay-to-Play Scheme

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PHILADELPHIA – Deputy United States Attorney Louis D. Lappen announced that Dale Wiles, former Allentown Assistant City Solicitor, was sentenced today for his role in a pay-to-play bidding scheme involving former Allentown Mayor Edwin Pawlowski.  United States District Judge Juan Sanchez sentenced Wiles to one day in jail to be served on Friday, December 7, 2018.  He was also sentenced to serve three years of supervised release, of which the first three months will be served on home confinement with electronic monitoring; perform 100 hours of community service; and pay a $3,000 fine and a $100 special assessment.

 

Wiles was charged by information in November 2015 with conspiracy to commit mail and wire fraud for his involvement with Pawlowski.  Wiles played a role in steering the city’s delinquent real estate tax collection contract to Pawlowski’s preferred vendor, Northeast Revenue, in contravention of the standard process employed by the city to award contracts.  In return for the contract, Northeast made political contributions to Pawlowski’s failed campaigns for Pennsylvania Governor and United States Senate.  Wiles’s conduct included falsifying evaluation committee score sheets to make it appear as though the committee had originally selected Northeast when it had not, withholding certain city records subject to a grand jury subpoena, and lying to the FBI.

 

In addition to Pawlowski, who was convicted at trial and sentenced to 15 years’ imprisonment, Wiles’s co-conspirators included the following individuals: Michael Fleck, a campaign consultant; Francis Dougherty, the Allentown Managing Director; and Garret Strathearn, Allentown Finance Director.  These defendants all have pleaded guilty and similarly admitted to steering contracts to Pawlowski’s preferred vendors.

“In playing along with Pawlowski’s crooked business practices, Wiles ensured everyone got what they wanted:  Northeast Revenue received its coveted tax collection contract and Pawlowski received campaign contributions.  But Wiles was an attorney—he should have known better than to engage in the corrupt pay-to-play politics that permeated Allentown City Hall,” said Deputy U.S. Attorney Lappen.  “The citizens of Allentown deserve better from their public servants and our Office remains committed to holding corrupt politicians and their cronies accountable.”

“Ed Pawlowski couldn’t pull off his pay-to-play scheme by himself,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Dale Wiles admitted to violating the city’s established contracting process in order to benefit his boss. When government officials break the law, it really damages the public trust. As such, public corruption remains the FBI’s highest criminal investigative priority.”

 

“Today's sentence reinforces our unwavering commitment to identify and prosecute those who participate in similar schemes,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “We will continue our collaborative effort to promote honest and ethical government at all levels.”

 

This case was investigated by the FBI and IRS Criminal Investigations.  The case was prosecuted by Assistant United States Attorneys Anthony J. Wzorek and Michelle L. Morgan.

Indictment Charges New Haven Man with Firearm and Drug Offenses

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John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven has returned a three-count indictment charging KEVIN McFARLANE, also known as “Jabari McBurn” and “Dexter Creque,” 41, of New Haven, with firearm possession and crack cocaine distribution offenses.

The indictment was returned on November 19, 2018.  McFarlane appeared today before U.S. Magistrate Judge Donna F. Martinez in Hartford and entered a plea of not guilty to the charges.  He has been detained since his arrest on related state charges on July 11, 2018.

The indictment alleges that, on July 8, 2018, in New Haven, McFarlane possessed crack cocaine that he intended to distribute, and a Glock model 43 9mm semiautomatic handgun.

The indictment further alleges that McFarlane was convicted in Connecticut state court, in October 2004, of sale of a hallucinogen/narcotic, and in Florida state court, in October 2007, of murder in the second degree.  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 McFarlane with one count of possession with intent to distribute 28 grams or more of cocaine base (“crack”), an offense that carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years; one count of possession of a firearm by a convicted felon, an offense that carries a maximum term of imprisonment of 10 years, and one count of possession of a firearm in furtherance of a drug trafficking crime, an offense that carries a mandatory consecutive term of imprisonment of at least five years.

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 Drug Enforcement Administration’s New Haven Task Force and the New Haven Police Department.  The case is being prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.

This prosecution has been brought though Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.

Three Additional Individuals Charged In Manhattan Federal Court With Firearms Trafficking

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a Superseding Indictment, charging three additional individuals, JOWAYNE TOMLISON, SEAN KNOTT, and ELIZABETH MCCASKILL, with trafficking in firearms, including the trafficking of firearms from South Carolina to the New York City area.  A fourth defendant, Dayvon Chestnut, was previously arrested and indicted on the same charges.  TOMLISON and KNOTT were arrested today and will be presented today at the United States Courthouse in Manhattan.  MCCASKILL was arrested this afternoon in the District of South Carolina. 

U.S. Attorney Geoffrey S. Berman said:  “The defendants conspired to put illegal firearms on the streets of New York, increasing the risk of gun violence.  Today, thanks to our partners at the ATF and the NYPD, they face federal charges for their crimes.”

ATF Special Agent-in-Charge Ashan M. Benedict said:  “Protecting Americans from gun violence is central to the ATF mission.  The defendants are alleged to have been part of a ring responsible for numerous illegal firearms out on our city streets.  The ATF/ NYPD Joint Firearms Task Force is committed to disrupting and dismantling trafficking rings and bringing those responsible to justice.  I would like to thank the United States Attorney’s Office for prosecuting this case.”                         

According to the allegations and information in the public record, including the allegations in the Superseding Indictment[1]:

From 2016 to 2018, Chestnut was unlawfully purchasing firearms in South Carolina for resale, and directing others, such as MCCASKILL, to do the same.  In April and May 2018, Chestnut traveled to the New York City area on at least four occasions to distribute those firearms.  TOMLISON and KNOTT obtained firearms from Chestnut for further resale to other individuals.    

*                *                *

All four defendants – Chestnut, 25, of Bishopville, South Carolina, TOMLISON, 28, of Brooklyn, New York, KNOTT, 52, of Queens, New York, and MCCASKILL, 29, of Bishopville, South Carolina, are charged with conspiracy to traffic in firearms and firearms trafficking, each of which carries a maximum statutory penalty of five years in prison.            

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Berman praised the efforts of the ATF and NYPD in this case.

This case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorney Sarah Krissoff in charge of the prosecution.

The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 

[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment and the description of the Superseding Indictment forth herein constitute only allegations, and every fact described should be treated as an allegation.

Sex Offender From Illinois Pleads Guilty to Failing to Register in Mississippi

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Gulfport, Miss. – Clynn Partee, 46, of Pascagoula, pled guilty today before U.S. District Judge Louis Guirola, Jr., to the federal crime of failure to register as a sex offender, announced U.S. Attorney Mike Hurst and U.S. Marshal George White.

Partee is scheduled to be sentenced by Judge Guirola on February 21, 2019, in Gulfport. He faces a maximum penalty of 10 years in prison in addition to a $250,000 fine and a minimum of 5 years to life of supervised release.

In 2006, Partee had been convicted in the Circuit Court of Cook County, Illinois, of Predatory Criminal Sexual Assault. This sexual offense was perpetrated against a 12-year old female victim, and Partee was sentenced to eight years with the Illinois Department of Corrections. Partee was deemed a Tier III Sex Offender and has a lifetime registration requirement. After his conviction in Illinois, Partee acknowledged his continuing requirement to register as a sex offender. In or about June 2015, Partee was released from Illinois state custody.

Later in 2015, Partee moved from Illinois to Mississippi.  He did not register as required when he departed Illinois, and he did not register within the required time of his arrival in Mississippi. Partee was issued a Mississippi State Identification card in or about September 2015, with an address in Richton, Mississippi, and ultimately relocated to Pascagoula.

In September 2018, Pascagoula Police responded to a disturbance call at a hotel in Pascagoula and encountered Partee. While Partee was not arrested during that encounter, a National Criminal Information Center database check was conducted regarding him. It was brought to the attention of a sex offense investigator with the Jackson County Sheriff’s Office, that Partee was a convicted sex offender, and that he had been listed as a non-compliant sex offender in Illinois. The Jackson County Sheriff’s Office Investigator contacted the U.S. Marshals Service, which conducted further investigation.

The Marshals Service learned that Partee was not listed as a registered sex offender in the State of Mississippi, via the Mississippi Sex Offender Registry. The Marshals Service contacted the Mississippi Department of Public Safety concerning the Defendant’s current sex offender registration status. Mississippi authorities provided the Marshals Service with a letter certifying that Defendant Partee was not listed as a registered sex offender in Mississippi. The State of Mississippi also had not received a notification from the State of Illinois indicating the Defendant’s intent to relocate to Mississippi. It was conclusively determined that Partee had never registered as a sex offender in the State of Mississippi.

The Marshals Service investigation concluded that Partee’s current residence was at a Pascagoula hotel that also routinely houses a wide variety of people including children. Partee was arrested by local law enforcement officials as a non-compliant sex offender in September 2018. Subsequent to his federal indictment, Partee was arrested by the U.S. Marshal’s Service in October 2018.

The case was investigated by the U.S. Marshal’s Service, law enforcement officials in the State of Illinois, the Mississippi Department of Public Safety, the Jackson County, Mississippi, Sheriff’s Office, and the City of Pascagoula Police Department. The case is being prosecuted by Assistant U.S. Attorney Stan Harris.

Albuquerque Man Sentenced for Mail Theft

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ALBUQUERQUE – Eric R. Powell, 33, of Albuquerque, N.M., was sentenced today in federal court in Santa Fe, N.M., to five years of probation including eight months of home confinement for mail theft. 

Powell pled guilty on May 3, 2017, to a charge of theft or receipt of stolen mail.  According to court documents, he possessed stolen mail from more than 1,300 victims and caused his victim’s more than $13,000 in financial losses.  In pleading guilty, Powell admitted that he stole mail from numerous mailboxes in Albuquerque using a counterfeit U.S. Postal Service Arrow Key.  Powell also admitted that he paid for a hotel room using a credit card he found in stolen mail.   He also admitted buying various items with credit and debit cards, checks, and gift cards he obtained from stolen mail.

This case was investigated by the U.S. Postal Inspection Service and the Rio Rancho Police Department.  Assistant U.S. Attorney Brandon Fyffe prosecuted the case.


Cryptocurrency CEO Indicted After Defrauding Investors of $4 Million

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AriseBank CEO Jared Rice, Sr. was arrested by the FBI on Wednesday, charged with duping hundreds of investors out of more than $4 million in a cryptocurrency scheme, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.

Mr. Rice, who is also the subject of a civil action filed by the SEC’s Fort Worth regional office earlier this year, was indicted on three counts of securities fraud and three counts of wire fraud.

According to court documents unsealed today, Mr. Rice, 30, allegedly lied to would-be investors, claiming that AriseBank – which he billed as the world’s “first decentralized banking platform” based on a proprietary digital currency called AriseCoin – could offer consumers FDIC-insured accounts and traditional banking services, including Visa-brand credit and debit cards, in addition to cryptocurrency services.  In actuality, AriseBank had not been authorized to conduct banking in Texas, was not FDIC insured, and did not have any sort of partnership with Visa.

Even as he touted AriseBank’s nonexistent benefits in press releases and online, Mr. Rice quietly converted investor funds for his own personal use, spending the money on hotels, food, clothing, a family law attorney, and even a guardian ad litem.

He allegedly falsely claimed the “Initial Coin Offering,” or ICO, had raised $600 million within just a few weeks and failed to disclose that he’d plead guilty to state felony charges in connection with a prior internet-related business scheme.  Meanwhile, investors were buying AriseCoin using digital currencies like Bitcoin, Ethereum, Litecoin, and fiat currency.

“My office is committed to enforcing the rule of law in the cryptocurrency space,” said Nealy Cox. “The Northern District of Texas will not tolerate this sort of flagrant deception – online or off.”

An Indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law. If convicted, Mr. Rice faces up to 120 years in federal prison.

The Federal Bureau of Investigations conducted the investigation. Assistant U.S. Attorneys Mary Walters and Sid Mody are prosecuting the case.

Several Defendants Sentenced in Massive Synthetic Narcotics Distribution Network

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HOUSTON - The five leaders and eight other co-conspirators have been sentenced for their roles in one of the largest synthetic cannabinoids distribution networks in the United States, announced U.S. Attorney Ryan Patrick. The sentences ranged from 140 months in federal prison for a leader to probation for an hourly wage clerk who sold the drugs. 

The defendants were sentenced for their involvement in the manufacture, possession and distribution of synthetic cannabinoids commonly, but mistakenly, referred to as synthetic marijuana.

Today, U.S. District Judge Gray Miller ordered Khader Fahed Tanous, 52, of Manassas, Virginia, who distributed large amounts of synthetic cannabinoids to Houston area distributors, to 121 months imprisonment. Earlier this week, Judge Miller sentenced Muhammad Shariq Siddiqi, 48, of Sugar Land, to 140 months in prison. Siddiqi was a major manufacturer and distributor in the Houston area.

Also sentenced today was Ayisha Khurram, Siddiqi’s partner in manufacturing and distributing synthetic cannabinoids as was the de facto owner of the Smoke Zone Khalil Munier Khalil, 43, of Spring. The Smoke Zone was the most prolific distribution store front in the country for synthetic cannabinoids. Khalil was sentenced to a 135-month prison term while Khurram received a 95-month term of imprisonment.

Today, Judge Miller further sentenced Sayed Ali, 53, of Sugar Land; Abdalnour Izz, 33, of Houston; Steve Amira, 61, of Richmond; Mohammed Rafat Taha, 29, of Spring; and Frank Muratalla, 25, of Downey, California.

Siddiqi paid Ali to dilute, mix and apply the chemicals he supplied to the plant material. Izz delivered the drugs and collected payments for Tanous. Amira was the owner of Houston Beverage and a synthetic cannabinoids distributor. Ali received a sentence of 50 months, while Izz and Amira were each sentenced to 36 months.  

Muratalla, who worked for out of state manufacturers of synthetic cannabinoids here in Houston, and Taha, a clerk at Smoke Zone, who sold packages of synthetic cannabinoids were both sentenced to four-year-terms of probation.

Also sentenced this week were other distributors and managers involved in the distribution of synthetic cannabinoids in the Houston area. Those included Salem Fahed Tannous, 58, of Houston (Khader Tanous’s brother who collected money for him from synthetic narcotics sales), Ali Tafesh, 37, of Houston, who owned and distributed the drugs from a store named Azell Cell Phones, Hazim Hisham Qadus, 34, a permanent resident alien who resided in Houston and distributed drugs from a store named Moon Mart and Azell Cell Phones and Nagy Ali, 61 of Spring, the manager of Smoke Zone. Tannous was ordered to serve 49 months in prison, while Tafesh, Qadus will both serve sentences of 97 months. Nagy Ali received a 120-month-prison term for his role.

Throughout the three days of hearings and the handing down of these sentences, the court’s repeated theme was its concern that the dangerous drugs these defendants were manufacturing were being marketed and distributed to juveniles.

Siddiqi and Qadus are not U.S. Citizens and are expected to face deportation proceedings following the completion of their prison terms.

Omar Maher Alnasser, a 37-year old resident of Sugar Land and former University of Houston professor, was previously sentenced to 12 months and one day in prison for aiding and abetting an unlicensed money transmitting business.  He had admitted he was paid to wire more than $200,000 in U.S. currency from a bank in the United States to accounts in the country of Jordan.

The dismantling of this organizations and the convictions are the result of a multi-year, multi-agency federal investigation into one of the largest synthetic distribution networks in the nation and operated in the Houston area dubbed “We Can Hear You Now.” 

All 13 defendants sentenced this week were convicted of conspiring to distribute a variety of synthetic cannabinoids, all Schedule I controlled substances.  In committing the offense, several co-conspirators were accused in a scheme to defraud by marketing their products as though they were safe labeled the drugs as “potpourri” or “incense,” with some labels including false information such as “100% legal,” “lab certified” or “not for human consumption,” when in fact these products were dangerous drugs.

There are no standards for making synthetic cannabinoids which contain hazardous chemicals often imported from China that, when smoked or ingested, could have serious (sometimes deadly) side effects. Frequently, as in this case, various “brands” are mixed together in the same cement mixer, so two packets of a brand-named product may have the identical chemicals. Often, the same cement mixers are used for multiple batches of synthetic cannabinoids, so the “final” products may also be contaminated with other drugs or toxic chemicals from previous batches.

The amounts of synthetic cannabinoid in packages may also vary even within the same batches because the product is not mixed uniformly within the cement mixers. Therefore, “hot packages” with a higher concentration of the applied chemical are a common danger. According to the Center for Disease Control, synthetic cannabinoids may cause hallucinations, delusions, psychosis, suicidal thoughts and violent behavior.  The health problems associated with the drug include heart attack, stroke, kidney failure, breathing problems and muscle damage.

The drugs the defendants admitted to having distributed were all Schedule I drugs – substances or chemicals with no currently accepted medical use, have a high potential for abuse, are the most dangerous drugs of all scheduled drugs and have potential for severe psychological or physical dependence. The packaging was also typical of synthetic cannabinoids - contained colorful illustrations that targeted not only drug abusers, but also children and adolescents.

In connection with this case, authorities are still seeking Ziad Mahmoud Alsalameh, 56, of Pearland, and Aqil Khader, 33, of Houston. They are considered fugitives and warrants remain outstanding for their arrests. Anyone with information about their whereabouts are asked to contact DEA at 713-693-3000.

The Drug Enforcement Administration, Houston Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives and IRS – Criminal Investigation conducted the four-year investigation with the assistance of the U.S. Postal Inspection Service, Conroe Police Department, sheriff’s offices in Harris and Polk counties, Texas Alcoholic Beverage Commission and the Montgomery County District Attorney’s Office. Assistant U.S. Attorneys John Jocher and Nancy Herrera prosecuted the case.

Lake Andes Man Sentenced to 60 Months in Federal Prison for Felony Child Abuse, Neglect, and Assault

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United States Attorney Ron Parsons announced that a Lake Andes, South Dakota, man convicted of Felony Child Abuse and Neglect and of Simple Assault was sentenced on November 27, 2018, by U.S. District Judge Karen E. Schreier. 

Wendell Clark Archambeau, Jr., age 38, was sentenced to 60 months in federal prison, followed by 3 years of supervised release.  He was also ordered to pay $125 to the Federal Crime Victims Fund.

Archambeau was indicted on July 6, 2017.  He pled guilty to one count of felony child abuse and neglect and one count of simple assault on August 20, 2018.  Each count of conviction related to separate child-victims.  The sentence imposed for the felony child abuse and neglect was for 60 months, and the sentence imposed for the simple assault was for 6 months, with those sentences to run concurrently.

The investigation was conducted by the Federal Bureau of Investigation and the Yankton Sioux Tribe’s Law Enforcement.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.   

Archambeau was remanded to the custody of the U.S. Marshals Service.

Rosebud Man Sentenced for Assault and Voluntary Manslaughter

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United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury, Aiding and Abetting, and Voluntary Manslaughter was sentenced on November 26, 2018, by U.S. District Judge Roberto A. Lange.

Dallas Burning Breast, age 26, was sentenced to 96 months in federal prison for the Voluntary Manslaughter charge, and 36 months for the Assault charge, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Burning Breast was indicted by a federal grand jury on the Assault charge on February 14, 2018, and on the Voluntary Manslaughter charge by a federal grand jury on March 13, 2018.  He pled guilty on September 5, 2018.

The convictions stem from two separate incidents, one that occurred on July 2, 2017, and the other that occurred on March 5, 2018.  On July 2, 2017, Burning Breast beat an individual with brass knuckles in his yard, with the intent to do bodily harm, and the assault resulted in serious bodily injury. On March 5, 2018, Burning Breast was arguing with another man at a house in Rosebud.  The argument tuned into a physical altercation and Burning Breast picked up a knife and stabbed the man in the upper thigh. The knife penetrated the man’s femoral artery, causing significant blood loss.  The victim subsequently died at the Rosebud Indian Health Services Hospital in Rosebud.

These cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson prosecuted both cases.

Burning Breast was immediately turned over to the custody of the U.S. Marshals Service.

Lower Brule Man Sentenced on Drug and Firearm Charges

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United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on November 26, 2018, by U.S. District Judge Roberto A. Lange.

Thomas James Eagle Thunder, age 21, was sentenced to 5 months in federal prison on each count to run concurrently, followed by 2 years of supervised release, a fine of $1,000, forfeiture of $5,358.01 in U.S. currency and 5 firearms, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Eagle Thunder was indicted by a federal grand jury on June 12, 2018.  He pled guilty on September 12, 2018.

The conviction stemmed from an incident that occurred on February 15, 2018, following a traffic stop for a missing headlight in low visibility and poor road conditions.  Once the officer made contact with the driver, Eagle Thunder, the officer smelled a strong odor of marijuana.  Following a search of the vehicle, two plastic baggies containing marijuana were found as well as two bundles of U.S. currency.  A further search of Eagle Thunder’s residence revealed several firearms.  Eagle Thunder knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute and to possess with intent to distribute marijuana, which is a Schedule I controlled substance.  Further, Eagle Thunder is an unlawful user of, and addicted to a controlled substance, making it illegal for him to possess firearms.

Drug trafficking is an inherently violent activity.  Firearms are tools of the trade for drug dealers.  It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.

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.  The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Indian Affairs, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Meghan N. Dilges prosecuted the case.

Eagle Thunder was immediately turned over to the custody of the U.S. Marshals Service.

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