NEWS RELEASE SUMMARY– December 6, 2018

EL CENTRO, CALIFORNIA –   Today, Jose Guadalupe Aviles-Cordero, 60, was arraigned by Magistrate Judge Ruth Bermudez Montenegro on charges of importing 1,309 pounds of methamphetamine, 9.37 pounds of heroin, and 2.64 pounds of cocaine.  Aviles-Cordero was arrested at the Calexico East Commercial Port of Entry on December 5, 2018. 

According to court records, Aviles-Cordero, a Mexican citizen living in Mexicali, Baja California, was the driver of a tractor pulling an empty trailer as it approached the cargo facility.  U.S. Custom Border & Protection (“CBP”) officers found anomalies in the roof area of the trailer.  Upon further inspection of the roof area, CBP officers discovered 90 packages of methamphetamine with a weight of 1,309 pounds, multiple packages of heroin with a weight of 9.37 pounds, and multiple packages of cocaine with a weight of 2.64 pounds.

At defendant’s initial appearance, the United States requested detention based on risk of flight.  The detention hearing is scheduled for December 11, 2018 at 10:00 am before Judge Montenegro.  His preliminary hearing is scheduled for December 20, 2018 at 1:30 pm before Judge Montenegro.

CBP officers at the border crossings in Southern California routinely stop illegal activity while processing millions of legitimate travelers into the United States.  Those statistics can be found here: CBP-enforcement-statistics.

If you have any information related to suspected smuggling activity at the Calexico East Cargo facility, the Department of Homeland Security encourages you to report it by calling its toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form.

DEFENDANT                                                Case Number 18MJ11506                           

Jose Guadalupe Aviles-Cordero                     Age: 60          Mexicali, Mexico

SUMMARY OF CHARGES

Importation of Controlled Substances

Maximum penalty: 10 years minimum to life; $1,000,000 fine; supervised release; $100 special assessment)

INVESTIGATING AGENCIES

U.S. Customs & Border Protection (CBP)

Homeland Security Investigations

The public is reminded that a complaint is a charging document.  A defendant is presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt. 

ALBANY, NEW YORK –Emmanuel Philippe, age 23, a citizen of Haiti residing in Brooklyn, New York, was sentenced today to 87 months in prison for possessing a firearm in furtherance of a drug trafficking crime, possessing a firearm and ammunition as a felon, and possessing and intending to distribute crack cocaine.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and Saratoga Springs Police Chief Gregory Veitch. 

Philippe is a lawful permanent resident of the United States and citizen of Haiti.  After he completes his term of imprisonment, he will be placed into immigration proceedings. 

Philippe was convicted following a 4-day trial in July and August 2018, presided over by United States District Judge Mae A. D’Agostino.

Evidence presented during the trial established that on March 17, 2017, at about 3 a.m., Philippe was the subject of a routine traffic stop, for speeding, on West Avenue near the YMCA in Saratoga Springs, New York.  Philippe gave Officers a fake name and a fake Massachusetts driver’s license, and said he was on his way to a hotel in Schenectady, New York.

A Saratoga Springs Police Officer detected the smell of marijuana, and Philippe admitted to having marijuana in his car.  Officers ordered Philippe and his passenger out of the car so they could search it.  During the search, Philippe and his passenger stood on the side of the road in the presence of Officers. 

Philippe became visibly nervous as an Officer searched the trunk, and attempted on several occasions to approach the trunk, falsely claiming that his jacket was inside.  Officers asked him to back away from the trunk.

While searching the trunk, an Officer found a plastic bag containing a loaded rifle magazine and rounds of .223 caliber ammunition.  As the Officer called her Sergeant over to see what she had found, Philippe took off running, through a snow-covered field, in the direction of the YMCA.  Officers quickly and safely arrested Philippe in the YMCA parking lot, and found him in possession of 35 baggies containing crack cocaine. 

In the trunk, Officers located a Windham Weaponry semi-automatic rifle, loaded with a 30-round magazine and with its safety turned off; another loaded, 30-round magazine; a total of 165 rounds of Federal .223 caliber ammunition; and 22 rounds of Federal 9 millimeter ammunition.  In Philippe’s possession and in the car, Officers also located $1,610 in cash, 2 digital scales, and drug packaging materials.

At the time of the crimes, Philippe had a prior felony conviction for attempted grand larceny, from Saratoga County Court. 

This case was investigated by the ATF and Saratoga Springs Police Department, with the assistance of the Saratoga County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Rosalvo Caetano, age 46, and a citizen of Brazil, was sentenced today to time served (208 days in jail) for transporting two illegal aliens within the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

On May 12, 2018, Caetano drove from Worcester, Massachusetts, to Fort Covington, New York, where he picked up two illegal aliens, both Brazilian citizens, who had secretly crossed the border from Canada.  Border Patrol Agents arrested Caetano and his passengers in Malone, New York. 

The passengers arrested with Caetano were prosecuted for the misdemeanor offense of entry without inspection.   

Gabriel Felipe Dias Prado, age 19, was convicted on May 29, 2018 and sentenced to 20 days in jail.  Ilcione Bazoni, also known as Carlos Cousa, age 62, was convicted on June 8, 2018 and sentenced to 45 days in jail.    

At the conclusion of today’s sentencing, Caetano was remanded to the custody of the Department of Homeland Security for removal proceedings.     

This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

ALBANY, NEW YORK – Latam Games, LLC of Miami, Florida, pled guilty today to structuring financial transactions to evade currency reporting requirements.

The announcement was made by United States Attorney Grant C. Jaquith; Keith Kruskall, Acting Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (DEA); and James D. Robnett, Special Agent in Charge of the New York Field Office of Internal Revenue Service (IRS)-Criminal Investigation.

A bank is required to report a customer’s deposits of more than $10,000 in currency in a single transaction.  According to the plea agreement, between March 2013 and June 2013, to avoid these reports, Latam Games’s corporate officers broke cash deposits into amounts of less than $10,000 and deposited these smaller amounts in Florida, California, and New Jersey.  For example, the company deposited $4,240 on March 18, 2013, $7,445 on March 19, and $9,560 on March 20.  The company deposited $9,045 on April 25, 2013, and $9,000 the following day.

Latam Games admitted that it willfully violated federal law against structuring as part of a pattern of illegal activity involving more than $100,000 in a 12-month period.

Latam Games will be sentenced by Senior United States District Judge Lawrence E. Kahn on April 11, 2019, and faces a fine of up to $1 million.  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.

Latam Games has also agreed to forfeit $2,076,155.11 to the United States. 

This case was investigated by the DEA and IRS-Criminal Investigation, and is being prosecuted by First Assistant U.S. Attorney Elizabeth C. Coombe and was investigated by Assistant U.S. Attorney Jeffrey Coffman.  Assistant U.S. Attorney Adam Katz represented the United States in the civil forfeiture action.

SYRACUSE, NEW YORK – Arkmallah Hilliard, age 38, of Baltimore, Maryland, pled guilty today to conspiring to defraud the United States and admitted to receiving more than $400,000 as a result of filing hundreds of fraudulent tax returns.

The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge James D. Robnett, Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office; and Special Agent in Charge Leigh-Alistair Barzey, Defense Criminal Investigative Service (DCIS), Northeast Field Office.

In pleading guilty, Hilliard admitted that he conspired with former Utica resident Anas Wilson and others to defraud the IRS by filing false and fraudulent income tax returns in the names of various individuals and thereby obtained tax refunds to which they knew they were not entitled.  Hilliard admitted that he used his own bank accounts and bank accounts he controlled that had been opened by co-conspirators to receive the tax refunds, after which Hilliard and others withdrew, spent, and transferred the money for their own purposes. Wilson previously pled guilty to similar charges and is serving a 12-year prison sentence.

Hilliard will be sentenced on May 23, 2019 by Senior United States District Judge Frederick J. Scullin, Jr.

Hilliard faces a maximum sentence of 5 years in prison, a fine of up to the greater of $250,000 or twice the pecuniary gain to the defendant or the loss to any victim, and a term of post-imprisonment supervised release of up to 3 years. Hilliard also faces a forfeiture money judgment of up to $462,107.00, representing the unrecovered proceeds he received as part of the conspiracy. 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 was investigated by IRS-CI and DCIS, and is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

UTICA, NEW YORK – Bryant C. Hardnett, age 45, of Watervliet and Cohoes, New York, was sentenced today to 30 months in prison, to be followed by 3 years of supervised release, for stealing the personal identifying information of children and using it to falsely claim the children as his own dependents on his tax returns.

The announcement was made by United States Attorney Grant C. Jaquith and James D. Robnett, Special Agent in Charge of the New York Field Office of Internal Revenue Service (IRS)-Criminal Investigation.

As part of his guilty plea on May 22, 2018, Hardnett admitted that he formerly operated a tax preparation business, BH Tax Services, from a storefront in downtown Troy, New York.  Through that business, Hardnett met a woman who asked him to file a tax return in her name for the year 2013.  She provided her two children’s personal identifying information, including their names and Social Security Numbers.  Hardnett never filed a tax return in the woman’s name, and instead falsely claimed the two children as his nephews and dependents on his tax returns filed with the IRS in 2013, 2014 and 2015.

United States District Judge David N. Hurd found that Hardnett caused a total loss to the government of at least $125,331.31, including related conduct to which Hardnett did not plead guilty.   Judge Hurd ordered Hardnett to pay $25,000 in restitution to the IRS, and barred him from filing a tax return for anyone other than himself, while he is on supervised release.  In the plea agreement, Hardnett also agreed to be permanently enjoined from ever filing a tax return for anyone other than himself.

This case was investigated by IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Feliciano Felipe Diaz-Estrada, also known as Feliciano Villas-Estrada, age 56, and a Mexican citizen residing in Long Island City, New York, was sentenced today to time served (18 days in jail), followed by a one-year period of supervised release, and a fine of $1,000, for transporting an illegal alien within the United States.

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.

On May 21, 2018, Diaz-Estrada drove to Montreal, Canada, where he met with David Lopez-Garcia. 

Diaz-Estrada then drove to the Champlain Port of Entry, New York, and entered alone.  Simultaneously, Lopez-Garcia walked across the border one-half mile east of the Champlain Port of Entry and avoided United States immigration and customs inspection.  Lopez-Garcia walked to a spot south of the border where he waited for Diaz-Estrada. 

After entering the United States during the early morning of May 22, 2018, Diaz-Estrada drove to a cemetery in Champlain, New York, where he stopped and picked up the waiting Lopez-Garcia.  Border Patrol Agents observed the pickup and followed Diaz-Estrada as he entered I-87 southbound.   After he entered I-87 southbound, Diaz-Estrada was stopped and arrested by Border Patrol Agents.  The passenger, Lopez-Garcia, was arrested and prosecuted for the misdemeanor offense of entry without inspection.   

Lopez-Garcia, age 46, and a citizen of Mexico residing in Charlotte, North Carolina, was convicted on June 5, 2018 and sentenced to 15 days in jail.    

This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.

SYRACUSE, NEW YORK – Jeffrey Rivera, age 36, of Utica, New York, was sentenced today to 130 months in prison for his participation in a drug trafficking conspiracy involving in excess of 5 kilograms of cocaine.

The announcement was made by United States Attorney Grant C. Jaquith and Keith G. Kruskall, Acting Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA).

Chief United States District Judge Glenn T. Suddaby also ordered Rivera to serve 5 years of post-imprisonment supervised release, and to forfeit $13,400 in drug proceeds to the United States.

The charges stemmed from a multi-agency investigation, beginning in 2016, into the drug trafficking activities of Rivera and his co-conspirators in and around Utica.

This case was investigated by the DEA, New York State Police, Oneida County Sheriff’s Office, Oneida County District Attorney’s Office, Onondaga County Sheriff’s Office, Onondaga County District Attorney’s Office, Rome Police Department, Utica Police Department, Yorkville Police Department, and U.S. Customs and Border Protection, and was prosecuted by Assistant U.S. Attorney Katherine A. King.

ALBANY, NEW YORK – Christopher Mikelinich, age 53, of Wingdale, New York, was sentenced today to 24 months in prison for illegally possessing a stolen 12 gauge, semi-automatic shotgun over an approximately two-and-a-half year period in which he resided in Columbia County, New York.

The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

Senior United States District Judge Norman A. Mordue also sentenced Mikelinich to 3 years of supervised release, to begin following his term of imprisonment.

As part of his guilty plea, Mikelinich admitted that between November 2014 and February 2017, he possessed the shotgun while residing in Ancram, New York.  The shotgun had previously been stolen from its owner’s vehicle in New Windsor, New York, in 2004, and was purchased by the defendant from a co-worker.  Two prior felony convictions, including a prior federal conviction for being a felon in possession of firearms, prevented Mikelinich from legally possessing the firearm.

At Mikelinich’s sentencing, Judge Mordue determined that Mikelinich unlawfully possessed two additional firearms.

This case was investigated by ATF, the New York State Police, the Columbia Country District Attorney’s Office, and the Columbia County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

PROVIDENCE – A former employee of a Providence not-for-profit physicians group today admitted that he attempted to extort $25,000 from the physicians group in exchange for the return of digital media devices onto which he downloaded and took home private patient data and employee data belonging to the physicians group.

Randy Lutz, 37, of Providence, admitted to making the demands in a series of emails, text messages and telephone calls to executives, board members and employees of the physicians group after his employment with the physicians group was terminated in May 2017.

On July 20, 2017, FBI agents and FBI task force officers executed a court-authorized search warrant at Lutz’s residence and seized several thumb drives, a laptop computer, and a cell phone. Some of the devices contained private patient and employee data belonging to the physicians group downloaded without permission.

Appearing before U.S. District Court Chief Judge William E. Smith, Lutz pled guilty to extortionate interstate communications. He is scheduled to be sentenced on March 7, 2019.

Lutz’s guilty plea is announced by United States Attorney Stephen G. Dambruch and Special Agent in Charge of the FBI’s Boston Division Harold H. Shaw.

The case is being prosecuted by Assistant U.S. Attorney Terrence P. Donnelly.

United States Attorney Stephen G. Dambruch acknowledges and thanks the Providence Police Department for their assistance in the investigation of this matter.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marcus Lynch, 32, of Rochester, NY, pleaded guilty to possession of a firearm by a convicted felon, before U.S. District Judge Charles Siragusa. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that the defendant went to the Firing Pin Shooting Range in the Town of Bergen to target shoot a rifle. Lynch was previously convicted in January 2008 of Robbery in the Third Degree; in August 2007 of Burglary in the Second Degree and Grand Larceny in the Fourth Degree; and in May 2007 of Burglary in the Second Degree. As a result, the defendant is legally prohibited from possessing a firearm.

The plea is the result of an investigation by New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.

Sentencing is scheduled for March 12, 2019, at 9:15 a.m. before Judge Siragusa.

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SESSION was convicted at trial of conspiracy to distribute one kilogram or more of heroin and five hundred grams or more of cocaine, along with firearms charges.  Judge Lemmon sentenced SESSION to a term of life imprisonment plus five years.  The additional five-year sentence was mandatory for his having been convicted of possession of a firearm in furtherance of drug trafficking.

According to evidence presented at trial, agents with the Drug Enforcement Administration conducted an investigation from January 2015 through February 2016, concerning distribution of cocaine and heroin in St. Charles and St. John the Baptist Parishes.  The federal investigation, which was conducted in coordination with state and local law enforcement, resulted in the seizure of nearly one kilogram of heroin along with scales, money counters, firearms, and over $480,000.00 in cash.

SESSION was the last defendant to be sentenced of the four that were convicted after trial in August 2018.   ANDRE STAGGERS, a/k/a “Dre,” of LaPlace, who was also convicted of heroin and cocaine distribution conspiracy and firearms violations, was sentenced to life imprisonment plus five years.  GREGORY LONDON, a/k/a “Lil Gregg,” of LaPlace, was sentenced to ten years in prison for cocaine distribution conspiracy.  LEONARD MORRISON, a/k/a “Leonard London,” of St. Rose, was sentenced to fifteen years in prison for possession of a firearm as an armed career criminal.

U.S. Attorney Strasser praised the conviction as the result of a coordinated effort of federal and state law enforcement authorities within the Drug Enforcement Administration’s Gulf Coast High Intensity Drug Trafficking Area (HIDTA) Program.  The DEA’s HIDTA Group #11, operating out of the New Orleans Field Division, includes members from DEA, U.S. Border Patrol, Louisiana State Police, St. Charles Parish Sheriff’s Office, St. John the Baptist Parish Sheriff’s Office, Jefferson Parish Sheriff’s Office, Gretna Police Department, Kenner Police Department, and St. Bernard Parish Sheriff’s Office.  U.S. Attorney Strasser extended his thanks to the Oklahoma Highway Patrol for their assistance in this investigation.  Assistant United States Attorneys Matthew R. Payne, Brittany L. Reed, and David Howard Sinkman handled the prosecution and trial.  Also assisting in the prosecution was Special Assistant United States Attorney Andre Gaudin, who is assigned from the Orleans Parish District Attorney’s Office to the DEA HIDTA Group.

ATLANTA - The U.S. Attorney’s Office for the Northern District of Georgia has been recognized by the Department of Justice (DOJ) for their work with the Project Safe Neighborhoods (PSN) program at the 2018 PSN National Conference’s Award Ceremony in Kansas City, Missouri.  Law Enforcement Coordinator Didi Nelson was cited for her outstanding contribution to the PSN Program, and the Offender Alumni Association (OAA), which organizes support groups for high-risk adult felons being released from custody to provide peer-to-peer support, help them solve dilemmas, and connect them with resources, received the DOJ Innovative Prevention/Reentry Strategy award.

Project Safe Neighborhoods focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.        

“We are extremely proud to be recognized for the hard work being done in this district,” said U.S. Attorney Byung J. “BJay” Pak.  “As part of our PSN Strategy, we have extended partnerships and collaborations beyond the metro Atlanta area, teaming with individual law enforcement agencies and prosecutor’s offices to eliminate havens for crime and removing those who drive that crime from the community.  In addition, we continue our commitment to assisting those returning from incarceration, seeking successful reentry into the community, through partnerships with outstanding organizations like the OAA.  Congratulations again to both Didi and the OAA.”      

During her more than three-decade career with DOJ, Didi Nelson has been a mainstay of the PSN program who has implemented the program faithfully and consistently in the District since its inception.  As a former police officer Nelson’s commitment, credibility, and extensive knowledge of the program served as the bridge between the Department and local and state law enforcement whose partnership is so crucial for PSN's success. Didi continually works to implement anti-violence initiatives in every corner (and county) of the Northern District of Georgia as she also impacts the national PSN program more broadly as an ongoing consulting expert to other Districts in the country that are seeking to develop effective PSN strategies of their own.

OAA organizes support groups for high-risk adult felons being released from custody to provide peer-to-peer support, help them solve dilemmas, and connect them with resources.  The organization consists of former offenders who are uniquely motivated and committed to helping those about to pending release from prison. OAA’s model recognizes that continuous and consistent support is crucial to help prevent recidivism.  Accordingly, they meet with offenders while they are incarcerated and maintains relationships with them and their families, connecting them with networks of support in their communities upon release. The organization has supported more than 650 offenders returning to the community.  In 2018, OAA expanded in support of the Northern District of Georgia’s PSN strategy and partners with the U.S. Attorney’s Office, state and federal agencies, and other providers to support high-risk adult offenders being released from custody into PSN target enforcement areas.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

          CONCORD– United States Attorney Scott W. Murray announced that Raulin Martinez, 27, of Lawrence, Massachusetts, pleaded guilty to participating in a conspiracy to distribute over 400 grams of fentanyl and in a conspiracy to launder money.

          According to court documents and statements made in court, the defendant helped lead a drug trafficking organization that sold fentanyl to customers from various New England states, including New Hampshire, from 2015 to April of 2018. The organization, which authorities allege was also led by the defendant’s brother, Sergio Martinez, used the name “Brian” to represent the drug business and sold well in excess of 36 kilograms of fentanyl from January through April of 2018. The defendant helped run the business and supervised fentanyl distributors. The defendant also assisted in collecting and counting drug proceeds, laundering that money, and sending it to relatives in the Dominican Republic. The defendant has agreed to forfeit over $81,000 and to pay a money judgment of $165,500.

          Martinez is scheduled to be sentenced on March 20, 2019.  He faces a mandatory minimum sentence of ten years of imprisonment and a maximum sentence of life, a fine up to 10 million dollars and a term of supervised release of at least five years and as much as life.

          Thirty-three additional defendants have been charged in the fentanyl trafficking conspiracy. Five have pled guilty and one, Jepherson Cabrera, has been sentenced to 156 months in prison.

          “Fentanyl trafficking has caused tremendous damage in New Hampshire,” said U.S. Attorney Murray.  “In order to protect the citizens of the Granite State, we are working closely with the entire law enforcement community to stop the flow of this deadly drug into our state.  It is imperative that we dismantle the criminal organizations that have been profiting from the sale of fentanyl and other deadly drugs in New Hampshire.”

         This investigation was conducted by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.

          The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service; Immigration and Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Seabrook Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.

          The case is being prosecuted by Assistant United States Attorneys Georgiana L. Konesky and Seth R. Aframe.

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SAN JUAN, Puerto Rico– Defendant Madeline Miró-Aponte pleaded guilty before United States Magistrate Judge Camille Vélez-Rivé to 30 counts of wire fraud involving in excess of one million dollars ($1,000,000), announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. Miró-Aponte was charged today via an Information.

From approximately June 2011 through March 2017, Miró-Aponte provided accounting services to a company organized in Puerto Rico that was engaged in the manufacture, purchase, sale, and distribution of alcoholic products (“Company A”). Miró-Aponte devised a scheme to defraud the company by means of materially false and fraudulent pretenses and representations that affected financial institutions.

As a part of the scheme, Miró-Aponte utilized credit from financial institutions, including Citi, Chase, Discover, Comenity, and Synchrony, to make purchases from merchants operating in Puerto Rico and the mainland United States. The merchants included Marriott, Southwest, American Eagle Outfitters, Sears, TJ-Max, Loft, Old Navy, Walmart, Sam’s Club, Macy’s, Nordstrom, Amazon, JCPenney, Victoria’s Secret, Brooks Brothers, Best Buy, and Costco.

Miró-Aponte knowingly used Company A’s bank account information to process payments for her personal purchases, without the authorization or knowledge of Company A. These payments were transmitted by means of wire communication in interstate commerce. Miró-Aponte then falsified the accounts and records of Company A and other documents to avoid detection of the scheme.

From approximately June 2011 through March 2017, Miró-Aponte illegally processed payments totaling approximately one million thirty-five thousand dollars ($1,035,000) for her personal benefit using funds from Company A’s bank deposits.

As a part of the guilty plea, Miró-Aponte agreed to forfeit all property derived from the offense and to restitution in the amount of no less than $1,035,114 (minus any repayments already made to Company A).

 “Today’s conviction should serve as a reminder of our commitment to hold individuals accountable for their involvement in fraud schemes,” said U.S. Attorney Rosa Emilia Rodríguez-Vélez. “The US Attorney’s Office will continue to work with our law enforcement partners in bringing those commit financial crimes for personal gain to justice.”

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Seth Erbe. The defendant is facing a maximum statutory penalty of up to thirty (30) years of imprisonment.

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Orlando, Florida – U.S. District Judge Gregory A. Presnell has sentenced Daniel Nathaniel McCall (53, Sanford) to 15 years in federal prison for ­­­possessing a firearm as a convicted felon. Due to his multiple felony convictions, McCall qualified for an increased penalty under the Armed Career Criminal Act. 

According to court documents, on November 7, 2017, McCall was involved in a dispute with his then-girlfriend. The argument escalated and McCall went inside his home and retrieved a .38-caliber firearm. He then walked outside and discharged the firearm. Shortly thereafter, McCall was arrested by officers from the Daytona Beach Police Department. At the time, McCall had multiple prior felony convictions and therefore was prohibited from possessing a firearm or ammunition.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Daytona Beach Police Department. It was prosecuted by Assistant United States Attorney Alejandro J. Salicrup.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

CAMDEN, N.J. – A Camden man today admitted his role in a drug trafficking organization that distributed crack cocaine and fentanyl, U.S. Attorney Craig Carpenito announced.

Davon Leak, 20, pleaded guilty before U.S. District Judge Renée Marie Bumb in Camden federal court to a superseding information charging him with one count of conspiracy to distribute and possess with intent to distribute 28 grams or more of cocaine base.

According to documents filed in this case and statements made in court:

Leak admitted that he sold crack cocaine and fentanyl, a synthetic opioid, around the 1700 block of Filmore Street in Camden. Leak also admitted that he prepared and packaged drugs for sale. Ten members of the drug ring were initially arrested in June 2017 following a long-term investigation by the FBI, which utilized telephone wiretaps, surveillance, confidential informants, cooperating witnesses, more than 20 controlled drug purchases, a GPS vehicle tracker and four court-authorized search warrants. Members of the drug trafficking organization distributed crack cocaine, fentanyl, and heroin to users and resellers in and around Camden and to people cooperating with the FBI. The investigation ultimately led to the seizure of more than 300 grams of crack cocaine, quantities of fentanyl and heroin, a firearm, and drug paraphernalia. After the initial arrests, Leak was charged in March 2018.

The count to which Leak pleaded guilty carries a mandatory minimum term of five years in prison, a maximum of 40 years in prison and a $5 million fine. Sentencing is scheduled for March 11, 2019.

Five other defendants – Daron Suiter, 24, George Williams, 44, Latoya Whealton, a/k/a “Toya,” 34, and Rajai Gaines, a/k/a “Jigga,” 36, and Karim Johnson, a/k/a “Chicky” – have previously pleaded guilty. Suiter was sentenced on Aug. 9, 2018, to five years in prison. Johnson was sentenced on Nov. 27, 2018, to 10 years in prison. The other defendants are awaiting sentencing.

Drug and firearm charges remain pending in a second superseding indictment against five other defendants, including alleged leaders John Gunther, a/k/a “Critty,” 35; and Taleaf Gunther, a/k/a “Leafy” and “L,” 32; as well as alleged members William Roland, a/k/a “Chill,” 36; Mark Campbell, a/k/a “D” and “Diz,” 28; and Malcolm McCoy, 26.

U.S. Attorney Carpenito credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster; the Camden County Police Department, under the direction of Chief J. Scott Thomson; the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo; and the N.J. State Police, under the direction of Col. Patrick J. Callahan, with the investigation. He also thanked the Camden County Sheriff’s Department, the Cherry Hill Police Department, and the U.S. Department of Homeland Security Investigations (HSI) for their assistance.

The government is represented by Assistant U.S. Attorney Gabriel J. Vidoni of the U.S. Attorney’s Office Criminal Division in Camden.

The charges and allegations contained in the second superseding indictment are merely accusations, and those defendants are presumed innocent unless and until proven guilty.

Defense counsel: Teri Lodge Esq., Marlton, New Jersey

Florence, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Quintin La Prix Davis of Latta, South Carolina, was convicted by a federal jury for possession with intent to distribute fentanyl and oxycodone, possession of a firearm by a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime after a two-day trial in Florence.  The 12-person jury unanimously found Davis guilty of all charges after a short, 30-minute deliberation. 

Evidence presented at trial showed that at approximately 3:43 a.m. on March 21, 2018, a deputy with the Dillon County Sheriff’s Office attempted to perform a traffic stop after noticing Davis erratically driving on Highway 301.  Davis continued driving, however, then sped up and attempted to elude law enforcement by making multiple turns before pulling into a parking lot and trying to escape on foot.  After a brief foot chase, Davis was detained and walked back to the patrol car. 

During an initial pat down of Davis, law enforcement found three bags of opioids – including Fentanyl, the dangerous drug responsible for the recent deaths of musicians Prince and Tom Petty – and $509 in US currency.  A search of Davis’s vehicle revealed a stolen Ruger, model SR40c, .40 caliber semi-automatic pistol, located within arm’s reach of the driver’s seat.  The semi-automatic pistol was loaded to capacity with nine rounds of .40 caliber ammunition, including one in the chamber.

Federal law prohibits Davis from possessing a firearm and ammunition based on his numerous state felony convictions, including: assault and battery of a high and aggravated nature, strong arm robbery, four counts of distribution of cocaine base (commonly referred to as “crack cocaine”), and two counts of distribution of cocaine. 

Davis faces a possible sentence of 30 years to life in federal prison based on his prior criminal record.  United States District Judge Mary Geiger Lewis presided over the trial and will sentence Davis after receiving and reviewing a presentence report prepared by the United States Probation Office. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Dillon County Sheriff’s Office, with assistance from the Florence County Sheriff’s Office.  It was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases.  Project CeaseFire is part of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001 that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Turning the tide of rising violent crime in America is a top priority for the Department of Justice, which has reinstituted PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy.  Assistant United States Attorneys Justin Holloway and Everett McMillian of the Florence Office prosecuted the case. 

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York,  William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), Thomas P. DiNapoli, New York State Comptroller,  and George P. Beach II, Superintendent of the New York State Police, announced today the arrest and guilty plea of ROBERT GERARDI, the former treasurer of the Putnam Engine & Hose Co. No. 2 (“Putnam Engine and Hose”), a unit of the Port Chester Volunteer Fire Department, for embezzlement of more than $38,000 from Putnam Engine and Hose.  GERARDI was arraigned on Monday in White Plains federal court and pled guilty today before U.S. Magistrate Judge Paul E. Davison.  This case has been assigned to U.S. District Judge Nelson S. Román.

U.S. Attorney Geoffrey S. Berman said:  Robert Gerardi was entrusted to oversee the finances of a unit of a volunteer fire company.  Gerardi betrayed that trust and lined his own pockets with money meant to be used in furtherance of protecting life and property.”

FBI Assistant Director William F. Sweeney Jr. said:  “Those who serve the public should be held to a higher standard of integrity and accountability.  Gerardi violated his most basic duty when he decided to use the funds entrusted to his care to cover his own financial losses.  The FBI and our state and local partners will continue to investigate and bring to justice public servants who abuse public trust.”

Comptroller Thomas DiNapoli said:  “Former treasurer Robert Gerardi allegedly fell for an online scam and stole nearly $40,000 to pay for it, violating his duty to the public and to his fellow firefighters.  This case illustrates the need for vigilant oversight of anyone in charge of public funds.  I thank U.S. Attorney Berman, the FBI, and the New York State Police for their partnership in this case.”

NYSP Superintendent George P. Beach II said:  “I want to commend our Troopers along with our state and federal partners for their outstanding work in this case. This investigation revealed that Robert Gerardi violated the public trust when he used his authority to steal funds that were meant to benefit the community.  We have zero tolerance for those who abuse their position for their own personal gain.”

According to the Information filed against GERARDI and statements made in related court filings and proceedings, including during the plea proceeding:

GERARDI was elected to the position of treasurer of Putnam Engine & Hose in or about October 2016.  GERARDI was given signatory authority over bank accounts held by Putnam Engine & Hose at that time.

From in or about November 2016 to in or about May 2017, GERARDI embezzled money from Putnam Engine & Hose by making withdrawals from its bank accounts and by charging personal expenses to its debit card.  GERARDI embezzled $38,236.99 from Putnam Engine & Hose through approximately 28 fraudulent transactions.  GERARDI told the president of Putnam Engine & Hose that the missing funds had been stolen from the bank accounts.

GERARDI, 62, of Port Chester, New York, pled guilty to one count of theft concerning a program receiving federal funds, which carries a maximum sentence of 10 years in prison.  The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as the sentence will be determined by the court.  GERARDI is scheduled to be sentenced before Judge Román on March 8, 2019.

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Mr. Berman praised the outstanding investigative work of the FBI, New York State Comptroller, and New York State Police.

This case is being handled by the Office’s White Plains Division.  Assistant United States Attorney James McMahon is in charge of the prosecution.

NORFOLK, Va. – A federal grand jury has returned an indictment charging nine individuals for their respective roles in a series of violent grocery store robberies in Chesapeake and Virginia Beach.

According to allegations in the indictment, the individuals worked in at least six-member teams, and conducted armed robberies of a Food Lion in Chesapeake on September 25, a Food Lion in Virginia Beach on September 29, and a Harris Teeter in Virginia Beach on October 3. The teams included inside and outside look-outs, getaway drivers, and two gunmen. The teams used police scanners to monitor law enforcement activity, encrypted applications, and earpieces to communicate with one another. The inside look-out would find and identify the grocery store manager, initiate the robbery, and communicate the position of the manager to masked members of the conspiracy who entered the stores with firearms. At each robbery the gunmen demanded the managers open the grocery store safe. In the final robbery at a Harris Teeter in Virginia Beach, one of the gunmen shot the store manager.

All nine defendants were charged with Conspiracy to Interfere with Commerce by Means of Robbery. They were also named in the indictment with the following charges:

Several of those indicted face a mandatory minimum penalty of 60 years in prison, and a maximum penalty of life in prison, if convicted on all counts. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of each defendant who is convicted will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Division, James A. Cervera, Chief of Virginia Beach Police, and Kelvin L. Wright, Chief of Chesapeake Police, made the announcement.

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 a 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 FBI’s Tidewater Violent Crime Task Force, in partnership with the Virginia Beach and Chesapeake Police Departments. Assistant U.S. Attorneys John F. Butler and Andrew C. Bosse are prosecuting the case.

A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.  Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-177.