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District Man Sentenced to 20 Years in Prison for Killing Man in Broad Daylight in Southeast Washington

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            WASHINGTON – Kevin Grover, 26, of Washington, D.C., was sentenced today to 20 years in prison for killing a man in broad daylight near a food market in Southeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            A second defendant, Justin Robinson, 19, also of Washington, D.C., was sentenced to five years in prison on a related charge.

            Grover pled guilty in October 2018 to second-degree murder, and Robinson pled guilty to assault with intent to kill. Both pleas were in the Superior Court of the District of Columbia. The pleas, which were contingent upon the Court’s approval, called for Grover to be sentenced to 16 to 20 years in prison and for Robinson to be sentenced to three to seven years of incarceration. The Honorable Judith Bartnoff accepted the pleas and sentenced the men accordingly. Following their prison terms, each defendant will be placed on a period of supervised release: Grover, for five years, and Robinson, for three years.

            According to the government’s evidence, on Feb. 24, 2016, at about 2:30 p.m., Robinson and the victim, Demetrius Medlay, bumped shoulders and briefly argued at a market in the 3100 block of Martin Luther King, Jr. Avenue SE. Robinson drove away, but returned to the area about 10 minutes later. He got out of the car holding a handgun with an extended magazine. While waving the gun, he argued with Mr. Medlay on the sidewalk and then drove off.

            Robinson stopped the car at the corner of Martin Luther King Jr. Avenue and Esther Place SE at about 2:45 p.m. Grover was standing at the corner. Referring to Mr. Medlay, Robinson said, “You can smoke him,” to which Grover replied, “All right.”

            Moments later, Grover pulled a semi-automatic firearm out of his pocket and pointed it at Mr. Medlay. He shot him twice in the chest. Grover fled the scene. Mr. Medlay ran back to the food market, where he collapsed. Mr. Medlay, 22, was pronounced dead a short time later.

            A law enforcement investigation led to Grover’s arrest in August 2016. Robinson was arrested in in July 2017.

            In announcing the sentences, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department (MPD). They also expressed appreciation for the assistance provided by the U.S. Secret Service, the U.S. Marshals Service, the Capital Area Regional Fugitive Task Force, and the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Charles Willoughby, Jr., former Assistant U.S. Attorney Richard DiZinno, Paralegal Specialist Sharon Newman, former Paralegal Specialist Zekiah Wright, and Investigative Analyst Zachary McMenamin.

            Finally, they commended the work of Assistant U.S. Attorney Jeffrey Nestler, who investigated and prosecuted the case.

 


Colorado Men Charged with Meth and Gun Crimes

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United States Attorney Ron Parsons announced that two Colorado Springs, Colorado, men were charged in federal district court with Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.

Billy Torrez, age 23, and Joshua Cruz, age 29, were indicted by a federal grand jury on December 4, 2018. Torrez and Cruz appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the charges.  The penalty upon conviction is a minimum of 5 years up to 40 years in federal prison and/or a $5,000,000 fine, a minimum of 4 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.

The charges relate to Torrez and Cruz being found in possession of methamphetamine, heroin, and three guns in Rapid City on November 21, 2018.  After attempting to flee in a vehicle, they were quickly apprehended by the Rapid City Police Department.  The charges are merely accusations and Torrez and Cruz are presumed innocent until and unless proven guilty. 

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 local communities to develop effective, locally-based strategies to reduce violent crime.

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department.  Assistant U.S. Attorney Ben Patterson is prosecuting the case.

Torrez and Cruz were detained pending trial.  A trial date has not been set.

Fort Myers Felon Sentenced To Fifteen Years For Fentanyl And Firearm Offenses

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Fort Myers, Florida – United States District Judge Sheri Polster Chappell has sentenced Oliver Rocher (33, Fort Myers) to 15 years and 10 months in federal prison for firearms and drug-related offenses. The court also ordered Rocher to forfeit $4,002 in drug proceeds.

Rocher had pleaded guilty in September 2018.

According to court records, Rocher worked as a pimp and drug dealer out of hotels and motels in Fort Myers during 2017. Women who worked as prostitutes for Rocher provided him with all of the cash they earned. In return, Rocher provided the women with food, clothing, and drugs. When he was arrested at a local motel in August 2017, Rocher had a loaded firearm, crack cocaine, and a significant amount of heroin laced with fentanyl in his possession. Fentanyl is a synthetic opioid that is often added to heroin to increase its potency. 

At the time of his arrest, Rocher had a lengthy criminal history dating back to 2004, including previous convictions for drug and firearm possession, as well as burglary. As a previously convicted felon, he was prohibited from possessing firearms or ammunition.

This case was investigated by Lee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Michael V. Leeman.

This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 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.

Former NYPD Detective Pleads Guilty To Obstructing Narcotics Investigation

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Geoffrey S. Berman, United States Attorney for the Southern District of New York, and Raymond Donovan, Special Agent in Charge of the New York Division of the Drug Enforcement Administration (“DEA”), announced that former New York City Police Department (“NYPD”) Detective SAED RABAH pled guilty to knowingly providing misinformation to a federal law enforcement officer in order to obstruct a narcotics investigation.  RABAH pled guilty before the U.S. Magistrate Judge Judith C. McCarthy.  RABAH’s case has been assigned to U.S. District Judge Vincent L. Briccetti.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As an NYPD detective, Saed Rabah swore to uphold the law – not to break it and help a known criminal continue trafficking drugs.  Now this corrupt former officer faces serious prison time for his crimes.”

According to the Information filed today, to which RABAH pled guilty, and a previously filed criminal complaint: 

The target of a narcotics investigation was a cooperator in another court proceeding, and RABAH was his handler.  Despite his obligation as a cooperator to engage in no further criminal conduct, the target continued to operate a sophisticated narcotics distribution business.  In May 2016, RABAH was contacted by law enforcement and informed that the target was under investigation for narcotics related offenses.  In September 2016, RABAH was again contacted by law enforcement, this time about whether RABAH had a phone number for the target.  RABAH waited to respond and, when he did, intentionally provided a phone number for the target that RABAH knew the target was no longer using, rather than providing the target’s active phone number through which RABAH and the target were regularly communicating at that time. 

As alleged in the complaint, RABAH’s obstruction of the investigation was only one component of his corrupt relationship with the target.  For example, RABAH shared in the target’s proceeds from operating an illegal sports betting business by bringing in betters.  In addition, RABAH and the target traveled to Las Vegas together in July 2016.  Moreover, RABAH warned the target when RABAH observed one of the target’s employees make a drug delivery in a manner that RABAH believed could have drawn the attention of law enforcement.

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RABAH, 46, of Brooklyn, New York, is charged with one count of obstruction of justice, which carries a maximum sentence of 20 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

RABAH is scheduled to be sentenced March 18, 2019.

Mr. Berman praised the outstanding investigative work of the DEA’s Westchester Tactical Diversion Squad comprising agents and officers of the DEA, Yonkers Police Department, Orangetown Police Department, New York City Police Department, Westchester Police Department, Putnam Sheriff’s Office, Rockland County Sheriff’s Office, New Windsor Police Department, and the Woodbury Police Department.  He also thanked the Special Agents of the United States Attorney’s Office for the Southern District of New York for their assistance

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

Maryland Man Sentenced to Five Years in Prison for Participating in a Drug Trafficking Conspiracy

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            WASHINGTON – Everette Reel, 46, of Upper Marlboro, Md., was sentenced today to five years in prison on charges stemming from an investigation into a narcotics conspiracy involving eight individuals in Washington, D.C. and Maryland, announced U.S. Attorney Jessie K. Liu and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office.

            Reel pled guilty in September 2018 in the U.S. District Court for the District of Columbia to one count of conspiracy to distribute and possess with intent to distribute 28 grams or more of cocaine base and a detectable amount of cocaine. The Honorable Richard J. Leon sentenced Reel to the prison term, to be followed by five years of supervised release.

            Reel was arrested with seven other individuals in March 2018 on charges stemming from a conspiracy to distribute and possess with intent to distribute cocaine and 280 grams or more of crack. In May 2015, the FBI, with the assistance of the Metropolitan Police Department (MPD), began a long-term investigation into a drug trafficking organization that operated in the Montana Terrace neighborhood of Northeast Washington and extended into Maryland. Numerous defendants also were charged with possessing and distributing various narcotics, including crack, cocaine, PCP and fentanyl, during the period of the investigation.

            During the execution of a search warrant on Reel’s residence, FBI agents recovered approximately 15 grams of cocaine, a .40 caliber Springfield Armory pistol, 12 rounds of ammunition in two separate calibers, a gun box, and approximately $16,000 in cash.

            This case is part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation. OCDETF specializes in the investigation and prosecution of drug trafficking and money laundering organizations and related criminal enterprises.

            In announcing the sentence, U.S. Attorney Liu and Assistant Director in Charge McNamara, commended the work of those who investigated the case. They cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialists Jeannette Litz and Teesha Tobias, and Assistant U.S. Attorneys Christopher Macchiaroli and Kevin Rosenberg of the Violent Crime and Narcotics Section, who conducted the underlying investigation, indicted the case, and are prosecuting the remaining defendants.

Ozark Man Pleads Guilty to $2.4 Million Cattle Fraud Scheme

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SPRINGFIELD, Mo. – An Ozark, Mo., man has pleaded guilty in federal court to a $2.4 million wire fraud scheme in which he falsely claimed that he had purchased thousands of head of cattle under a contract with a Texas company.

Dwight Moody Cox, 57, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush on Wednesday, Dec. 12, 2018, to one count of wire fraud.

Cox was the owner of Dwight Cox Cattle Company, which provided cattle procurement services. DCCC purchased cattle throughout the region and placed those cattle on land owned or rented by Cox to graze and feed. Once the cattle reached a specified weight, Cox shipped the cattle to his clients.

Cox had a contract with Texas Beef Cattle Company (TBCC), located in Amarillo, Texas, from 2009 until Nov. 30, 2017. During this period of time, Cox purchased cattle from various livestock auction houses and kept them on land he owned or had rented to graze, feed, and provide care. Cox submitted invoices to TBCC for all cattle he purchased, and billed TBCC for feeding the cattle. Once the cattle had reached a weight previously agreed to between Cox and TBCC, the cattle would be shipped by Cox to TBCC. TBCC would then sell the cattle and any profits would be shared equally between TBCC and Cox.

Between April 1, 2017, and Nov. 30, 2017, Cox submitted 35 different invoices, claiming to have purchased approximately 3,250 head of cattle. Cox also claimed to have those cattle grazing on land he owned or rented. In return for his representations, TBCC issued bank transfer payments in the amount of approximately $2,559,419.

In February 2018, TBCC officials contacted Cox and requested that the cattle be shipped to their facility in Amarillo for sale. On Feb. 27, 2018, Cox reported to officials with TBCC that he was unable to deliver the cattle and that he only had 147 head of cattle. When asked why 3,100 head of cattle were missing, Cox admitted that he had submitted false invoices to TBCC.

TBCC officials reported that minus the 147 head of cattle that were received from Cox, he fraudulently obtained $2,403,975 through his wire fraud scheme.

Under federal statutes, Cox is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI.

Former CEO of Nashville Company Charged With Healthcare Fraud and Aggravated Identity Theft

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            NASHVILLE, Tenn. – December 14, 2018 – Margaret Fisher, 60, formerly of Nashville, Tennessee, was arrested yesterday by United States Marshals in Williston, North Dakota and charged with four counts of healthcare fraud and two counts of aggravated identity theft, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. 

The November 7, 2018 indictment charges Fisher—the former CEO of Fishield Behavioral Medical Services, Inc.—with defrauding Medicare and Medicaid programs by submitting false and fraudulent claims.  According to the indictment, Fisher fraudulently represented that Fishield patients received psychotherapy services from a healthcare provider, who neither provided nor supervised the alleged services.   As a result of Fisher’s false claims, Medicare and Medicaid sent Fishield reimbursement checks totaling over $1 million. Fisher would endorse the checks by forging or causing the forgery of the healthcare provider’s signature.

If convicted, Fisher faces a sentence of up to 10 years in prison on the healthcare fraud charges and an additional mandatory two-year sentence on the aggravated identity theft charges.  Additionally, she faces a $250,000 fine on each count. The indictment also contains a forfeiture allegation and seeks to forfeit any property derived from the criminal activity and any and all property used to facilitate the unlawful activity, if convicted.

This case was investigated by the U.S. Department of Health & Human Services and the Tennessee Bureau of Investigation. Assistant United States Attorney Sara Beth Myers is prosecuting the case.

The charges are merely an accusation.  The defendant is presumed innocent until proven guilty in a court of law.

           

Rochester Man Convicted Following A Jury Trial Of Possessing A Shotgun And Ammunition Sentenced

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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 Quincey Frye, 27, of Rochester, NY, who was convicted following a jury trial of being a felon in possession of a shotgun and ammunition, was sentenced to 40 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that on March 26, 2016, members from the New York State Department of Corrections and Community Supervision apprehended Frye at 270 Weyl Street in Rochester, after he absconded from parole supervision in early February. While looking for the defendant inside the residence, officers found a shotgun with an ammunition carrying case attached. The ammunition carrier contained four live shotgun shells. Officers found Frye hiding in the attic and arrested him. Evidence presented during the trial showed that after officers took Frye to booking at the Monroe County Jail, he placed a telephone call to his girlfriend.  During that telephone call, which was recorded, the defendant accused his girlfriend of telling law enforcement officers about the shotgun and then said he wanted it returned. 

At the time, Frye was under the supervision of the New York State Department of Corrections and Community Supervision following a 2012 conviction and serving a prison sentence for Attempted Burglary in the Second Degree.

The prosecution was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.   

Today’s sentencing 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; the Rochester Police Department, under the direction of Chief Mark Simmons; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.

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Business Owner Who Conspired With Former Baltimore City Employee To Extort Bribes From Other Business Owners Ordered To Pay $100,000 Fine

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Baltimore, Maryland – U.S. District Judge Catherine C. Blake today ordered Jerome Walter Stephens, age 48, of Baltimore, to pay a $100,000 fine, and sentenced him to serve six months in community confinement and six months in home detention as part of three years of probation, for Extortion Under Color of Official Right related to an extortion scheme.   Judge Blake also ordered Stephens to perform 100 hours of community service.  Stephens, the owner of a Baltimore construction and utilities company, admitted paying bribes to co-defendant Daryl Christopher Wade, age 50, of Rosedale, Maryland, a former Baltimore City Department of Transportation supervisor, and to soliciting bribes from others. 

On November 9, 2018, Judge Blake sentenced Daryl Christopher Wade to 15 months in prison, followed by three years of supervised release, for the same charge.

The sentences were 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 Inspector General Isabel M. Cumming of the Baltimore City Office of Inspector General.

The people of Baltimore expect and deserve integrity from their public officials.  We will hold them, and those who participate in corruption, accountable,” said United States Attorney Robert K. Hur.

Wade was a City of Baltimore employee between 1988 through 2017, most recently with the Baltimore City Department of Transportation (DOT) as a Construction Project Supervisor II within the DOT’s Street Cut Unit.  The DOT Street Cut Unit helps to monitor and administer fines associated with street cuts and street cut permits. According to the criminal information and the plea agreement, Wade used his official position at DOT to claim that he could void street cut fines in return for payments.

According to their plea agreements, Wade accepted multiple cash payments, including from Stephens, in exchange for claiming that he could erase Baltimore DOT street cut fines.  Baltimore City street cut permits are required for companies who need to impede into a public street, alley, sidewalk, or other right-of-way for purposes of construction.  The street cut permits are valid for 120 days before they expire, and DOT will assess a fine of $50 per day for each street cut not repaired past the expiration date.

Stephens and Wade admitted that they either attempted to or actually did extort other business owners throughout Baltimore.  In one such instance, Person A was the Vice President of a Virginia-based company that provided all phases of underground utility construction and sewer rehabilitation throughout the East Coast and had approximately $55 million in contracts with the City of Baltimore to restore and/or replace water and sewer lines in the City.  In order to complete those contracts, Person A's company conducted street cuts to reach, restore, and/or replace water and sewer lines in Baltimore. 

In January 2016, Person A met with Stephens at one of Person A’s offices, in Prince George’s County, Maryland.  Stephens told Person A that Person A’s company would be receiving $1.3 million in street cut fines from the street cuts unit in the near future.  This was the first that Person A had learned of the $1.3 million in prospective fines.  Stephens told Person A that he had a connection in the street cuts unit that could reduce the $1.3 million in fines by 80%, to $260,000, if Person A paid 20%, a $52,000 bribe, to Stephens’s connection. Stephens also stated something to the effect of: if you want to play, you got to pay.  Person A made clear that he was not interested in paying the $52,000 bribe and would sue the City of Baltimore over the fines if necessary. 

In another instance to which both Stephens and Wade admitted in their respective plea agreements, in February 2016, Person B, a local Baltimore business owner, began renovations on a restaurant in Baltimore, Maryland.  Person B hired Stephens to overhaul the water lines into Person B’s business.  In July 2016, Stephens informed Person B that he (Stephens) would have to cut into the road. Stephens informed Person B that the complete repaving, from curb to curb, had an estimated additional cost to Person B of between approximately $10,000 to approximately $12,000 but said he had a connection "downtown" in the City of Baltimore who could save Person B on the costs associated with completely repaving if Person B was willing to pay a bribe. Due to Person B's limited budget, and the fact that the street had already been cut, Person B agreed to pay a bribe to repave the smaller sections of the road.  Stephens and Wade discussed how much Wade would accept and Wade agreed to a $2,200 bribe.  Person B gave Stephens $2,200 in cash, which Stephens then gave to Wade. 

Finally, according to Wade’s plea agreement, he also took a bribe from Person C, who ran a plumbing and drain construction business in Baltimore, Maryland.  Person C was previously fined approximately $17,000 for street cuts in Baltimore City.  In March 2016, Person C attended a Baltimore City street cut appeal hearing regarding the fine.  Wade stopped the hearing and requested to speak with Person C outside the hearing.  Once outside the hearing, Wade explained to Person C that if Person C helped Wade that he would help Person C.

In early September 2016, Wade met in-person with Person C and agreed to accept $5,000 to remove the fine.  On September 22, 2016, Person C paid Wade the first $3,000 in cash. Wade arrived at the meeting driving a Baltimore City issued government vehicle.  At the direction of Wade, Person C threw the $3,000 into Wade’s Baltimore City government vehicle.  After the money was in his Baltimore City government vehicle, Wade stated “you good for life with me. . . .” and later laughed and further stated to Person C, “we in cahoots now. . . .”

United States Attorney Robert K. Hur commended the FBI and Baltimore City Office of Inspector General for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Leo Wise, who prosecuted the case.

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New Orleans Man Pleads Guilty to Firearms Charges and Heroin Conspiracy

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NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that RICHARD GREEN age 29, of New Orleans, has pleaded guilty to six counts of federal firearms and narcotics charges.

According to court documents, GREEN conspired with others to distribute and possess with the intent to distribute one hundred grams or more of heroin, in violation of Title 21, United States Code, Sections 841(b)(1)(B) and 846.  GREEN also conspired with others to possess firearms in furtherance of the heroin conspiracy, in violation of Title 18, United States Code, Section 924(o).  On July 25, 2017, GREEN and a co-defendant possessed two firearms with extended magazines in a vehicle, even though they were both convicted felons, in violation of 922(g)(1), and 924(a)(2).   On April 3, 2018, GREEN also possessed two firearms, along with MDMA and heroin, in a hotel room in Houma, in violation of Title 18, United States Code, Sections 924(c)(1)(A) and 924(c)(1)(A)(i), and Title 21, United States Code, Sections 841(a)(1), and 841(b)(1)(C).

The Court set sentencing in this matter for March 7, 2019.  GREEN faces, as to count one of the indictment, a minimum of 5 years imprisonment and a maximum of 40 years imprisonment, a fine of $5,000,000, at least four years of supervised release after imprisonment, and a $100 special assessment.  As to count two, GREEN faces a maximum of 20 years imprisonment, a fine of  $250,000, up to three years of supervised release after imprisonment, and a $100 special assessment.  As to counts thirteen and twenty, GREEN faces, as to each count,  a maximum of 10 years imprisonment, a fine of $250,000, up to three years of supervised release after imprisonment, and a $100 special assessment for each count.  As to count nineteen, GREEN faces a maximum of 20 years imprisonment, a fine of $1,000,000, up to three years of supervised release after imprisonment, and a $100 special assessment.  As to count twenty-one, GREEN faces a minimum of five years imprisonment up to a maximum of life imprisonment, a fine of $250,000, up to five years of supervised release after imprisonment, and a $100 special assessment.  The term of imprisonment for this count must be consecutive to any other term of imprisonment imposed.

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

U. S. Attorney Strasser praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the New Orleans Police Department Multi-Agency Gang Unit, and the Louisiana State Police in investigating this matter.  The case is being prosecuted by Assistant United States Attorneys Maria M. Carboni and Matthew R. Payne.

 

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Canadian Man Charged With Leading Police On A High Speed Chase And Assaulting An Officer

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Feng Chen, 23, of Ontario, Canada, was arrested and charged by criminal complaint with assaulting a federal officer by means of a dangerous weapon, evading a checkpoint operated by a Federal law enforcement agency in a motor vehicle in excess of the legal speed limit, and with eluding inspection by immigration officials. The charges carry a maximum penalty of 25 years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on December 10, 2018, at approximately 2:30 p.m., the defendant was attempting to enter the United States at the Lewiston Bridge Port of Entry. Chen turned over his passport when it was requested by a Customs and Border Protection officer. However, when the officer asked the defendant for his citizenship and destination, he did not answer the questions, and then sped through the inspection checkpoint.

The officer called out “port runner” over the radio, and a CBP officer began pursuing Chen’s vehicle, in a marked unit, with emergency lights and sirens activated. During the course of the chase, the defendant was weaving in and out of traffic at an unsafe speed. The pursuit continued on to Grand Island, where a New York State Police unit, with activated emergency lights, entered the roadway in front of Chen’s vehicle in an attempt to stop it. Rather than stop, the defendant struck the rear of the New York State Police vehicle at a high rate of speed, and the came to a stop.

Following the collision, Chen failed to comply with a CBP officer’s commands. As the officer attempted to remove the defendant from his vehicle, Chen struck and punched the CBP officer with his fist, near the officer’s left eye, resulting in an abrasion on the side of officer’s face. The defendant was then transported to Mt. Saint Mary’s Hospital in Lewiston, NY.

Based on immigration record checks, the defendant has no valid immigration status in the United States and is present illegally in the United States in violation of the Immigration and Nationality Act. 

“Border security is essential to our very existence as a Nation,” stated U.S. Attorney Kennedy. “We, together with our state and local partners, remain vigilant and committed to protecting our citizens and upholding the rule of law not only within our country but also at its borders.”

“Our officers and state partners did an excellent job ensuring this port runner was apprehended. If you attempt to enter the U.S without inspection we will pursue and apprehend you,” said CBP Buffalo Field Office Director ose Brophy. “Border security is paramount to our country's safety and it starts with ensuring everyone is properly inspected at the border. I’d like to thank the New York State Police for assisting our officers in the apprehension of the subject.”

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing scheduled for December 18, 2018, at 12:00 p.m.

The complaint is the result of investigation by Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly; U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; and the New York State Police, under the direction of Major Edward Kennedy.

The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.

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District Man Sentenced to Five Years in Prison for Role in Drug Conspiracy Based in Northeast Washington

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            WASHINGTON – Grady Jefferson, 46, of Washington, D.C., was sentenced today to five years on prison for conspiring to distribute heroin in the Washington, D.C. area.

            The announcement was made by U.S. Attorney Jessie K. Liu, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            Jefferson pled guilty in September 2018, in the U.S. District Court for the District of Columbia, to a charge of conspiracy to distribute and possess with the intent to distribute 100 grams or more of heroin. The plea, which was subject to the Court’s approval, called for a five-year prison term. The Honorable Trevor N. McFadden accepted the plea and sentenced Jefferson accordingly. Following his prison term, Johnson will be placed on four years of supervised release.

            Jefferson was among 12 people indicted in December 2017 following an investigation into a drug trafficking organization that distributed large amounts of heroin, methamphetamine, and crack cocaine in the Washington, D.C. metropolitan area. Ten other defendants have pleaded guilty. One defendant was convicted at trial before Judge McFadden in October 2018. One defendant is scheduled to begin trial before Judge McFadden on Jan. 8, 2018.   

            According to plea documents, law enforcement began investigating drug trafficking activities in the 2600 block of Birney Place SE in late 2015. The investigation expanded to include heroin distribution activities in the Lincoln Heights area of Northeast Washington. The FBI identified Jefferson as a regular heroin distributor operating out of Lincoln Heights. According to the government’s evidence, Jefferson was selling heroin on behalf of another defendant, Thomas Jenkins, 44, of District Heights, Md.

            The prosecution grew out of the efforts of the FBI/MPD Safe Streets Task Force, a multi-agency team that conducts comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The prosecution was sponsored and supported by the federal Organized Crime Drug Enforcement Task Force (OCDETF).

            In announcing the sentence, U.S. Attorney Liu, Assistant Director in Charge McNamara, and Chief Newsham commended the work of those who investigated the case from the Safe Streets Task Force, including the FBI, MPD, U.S. Park Police, Prince George's County, Md. Police, and the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). They also expressed appreciation for the assistance provided by the U.S. Attorney’s Office for the District of Maryland.

            Finally they cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys Nihar Mohanty and Kevin L. Rosenberg of the Violent Crime and Narcotics Trafficking Section, as well as Assistant U.S. Attorney Thomas Swanton, who assisted with the forfeiture aspects of the investigation.

 

Jury Finds White River Woman Guilty of Assault With a Dangerous Weapon

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United States Attorney Ron Parsons announced that Crystal Earth, age 26, of White River, South Dakota, was found guilty of Assault With a Dangerous Weapon following a four-day jury trial in Pierre, South Dakota.  The verdict was returned on December 14, 2018.

The charge carries a maximum sentence of up to 10 years in prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Earth was indicted by a federal grand jury on April 17, 2018.  The conviction stems from an incident that occurred on February 26, 2018, in the Horse Creek Community near White River.  On that date, Earth was at her home in Horse Creek drinking alcoholic beverages and socializing with a group of people that included the victim.  At one point, Earth and the victim, an adult male, got into an argument.  Earth took a knife from the kitchen and repeatedly stabbed the victim in the chest and in the face, causing multiple puncture wounds to the victim’s chest and a deep laceration to his chin.

The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorneys Kirk Albertson and Cameron Cook prosecuted the case.   

A sentencing date has not been set.  Earth was remanded to the custody of the U.S. Marshals Service pending sentencing.

Stratford Man Who Illegally Purchased Firearm at Newington Gun Store Pleads Guilty

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John H. Durham, United States Attorney for the District of Connecticut, announced that TYMON PETERSON, 29, of Stratford, pleaded guilty today before U.S. District Judge Janet C. Hall in New Haven to one count of making a false statement during the purchase of a firearm.

According to court documents and statements made in court, in August and September 2017, Peterson and Jamal Weir texted one another about purchasing firearms.  Peterson possessed a valid pistol permit and was able to purchase firearms legally, but Weir, as a convicted felon, is prohibited from possessing firearms.  On September 22, 2017, Peterson and Weir travelled together to Hoffman’s Gun Center in Newington.  At the store, Weir provided Peterson with cash to purchase at least one firearm on his behalf.  On that date, Peterson filled out an ATF Form 4473 in which he falsely represented that he was the actual purchaser of a SCCY Model CPX-2, 9mm semi-automatic pistol, and that he was not acquiring the firearm for another person.  Peterson gave the pistol to Weir after they exited the store.

Peterson was arrested on a federal criminal complaint on January 1, 2018.

Judge Hall scheduled sentencing for March 8, 2019, at which time Peterson faces a maximum term of imprisonment of 10 years.

Peterson is released on a $100,000 bond pending sentencing.

Weir, 29, of Bridgeport, has been detained since his arrest on September 17, 2018.  On December 6, 2018, he pleaded guilty to one count of possession of a firearm by a convicted felon, an offense that carries a maximum term of imprisonment of 10 years.  He is scheduled to be sentenced on March 1, 2019.

This investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with the assistance of the Connecticut State Police, the Newington Police Department and Hoffman’s Gun Center.  The case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Margaret E. Maigret.

Tickfaw Man Charged With Drug Trafficking and Firearms Offenses

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NEW ORLEANSU.S. Attorney Peter G. Strasser announced that ZETRICK JONES, age 34, of Tickfaw, Louisiana, was indicted yesterday by a federal grand jury on one count of conspiring to distribute heroin and methamphetamine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C), and 846; one count of possessing with the intent to distribute a quantity of heroin in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), one count of possessing with the intent to distribute a quantity of methamphetamine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), one count of possessing a firearm in furtherance of a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1)(A), and one count of being a previously convicted felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).

If convicted of any of the narcotics offenses, JONES faces a term of imprisonment of 0-20 years, a fine of up to $1 million, and at least three years of supervised release following any term of imprisonment. If convicted of possessing a firearm in furtherance of drug trafficking, JONES faces a term of imprisonment of five years to run consecutive to any other sentence, a fine of up to $250,000, and up to five years of supervised release. If convicted of being a previously convicted felon in possession of a firearm, JONES faces a term of imprisonment of up to 10 years, a fine of up to $250,000, and up to three years of supervised release.

U.S. Attorney Strasser reiterated that the indictment is merely an allegation and that the guilt of the defendant must be proven beyond a reasonable doubt.

This case is being investigated by the Drug Enforcement Administration, Tangipahoa Parish Sheriff’s Office, and Hammond Police Department. Assistant United States Attorney Jeffrey Sandman is in charge of the prosecution.


Saudi Citizen Admits to Visa Fraud and Concealing Attendance at Al Qaeda Training Camp

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OKLAHOMA CITY — Naif Abdulaziz M. Alfallaj, 35, a citizen of Saudi Arabia and a former resident of Weatherford, Oklahoma, has pleaded guilty to visa fraud and making a false statement to the FBI by, among other things, concealing his application to and attendance at an al Qaeda training camp in Afghanistan in late 2000.

Assistant Attorney General for National Security John C. Demers, First Assistant U.S. Attorney Robert J. Troester of the Western District of Oklahoma, and Special Agent in Charge Kathryn Peterson of the FBI’s Oklahoma City Division made the announcement.

"Protecting our national security is the highest priority of the Department of Justice," said Mr. Troester.  "I commend the outstanding efforts of the FBI’s Joint Terrorism Task Force for its collaborative and focused work in this investigation."

"This investigation highlights the ongoing, coordinated efforts of the FBI and the Joint Terrorism Task Force to protect and defend the American people against any potential acts of terror," said Kathryn Peterson, Special Agent in Charge of the FBI’s Oklahoma City Division.

On Feb. 5, 2018, Alfallaj was taken into custody by the FBI without incident, based on a criminal complaint signed in the Western District of Oklahoma.  According to the complaint, the FBI found 15 of Alfallaj’s fingerprints on an application to an al Qaeda training camp, known as al Farooq, which was one of al Qaeda’s key training sites in Afghanistan.  The document was recovered by the U.S. military from an al Qaeda safe house in Afghanistan.  The document is also alleged to include an emergency contact number associated with Alfallaj’s father in Saudi Arabia.  Alfallaj is alleged to have first entered the U.S. in late 2011 on a nonimmigrant visa based on his wife’s status as a foreign student.  According to the complaint, he answered several questions on his visa application falsely, including whether he had ever supported terrorists or terrorist organizations.  Alfallaj has been detained in federal custody since his arrest on Feb. 5.

On Feb. 6, a grand jury returned a three-count indictment against Alfallaj.  The indictment charged two counts of visa fraud.  Count One alleged that from March 2012 to the present, Alfallaj possessed a visa obtained by fraud.  Count Two alleged he used that visa in October 2016 to apply for lessons at a private flight school in Oklahoma.  The third count charged him with making a false statement to the FBI involving an offense of international terrorism, when he denied ever having associated with anyone from a foreign terrorist group. 

At today’s hearing, Alfallaj pleaded guilty to one count of visa fraud and one count of making a false statement to the FBI relating to international terrorism.  In particular, he admitted he possessed a nonimmigrant visa from March 2012 to early 2018 that he obtained by fraud.  He also admitted he falsely told agents during the December 2017 interview that he had never visited Afghanistan or participated in religious, tactical, or military training outside Saudi Arabia, and otherwise affirmed falsely that all of the answers on his nonimmigrant visa application were true and correct. 

Alfallaj faces up to ten years in prison on the visa-fraud offense.  He faces up to eight years in prison for making a false statement involving international terrorism.  He could also be fined up to $250,000 on each count.  As part of his plea agreement, Alfallaj consented to the entry of a stipulated judicial order of removal from the United States at the end of his prison term.  The Court will set a sentencing date in approximately 90 days.  The maximum sentence is prescribed by Congress and is provided here for informational purposes.  Any sentencing of the defendant will be determined by the court, based on the advisory Sentencing Guidelines and other statutory factors.

This case is the result of an investigation by the FBI Joint Terrorism Task Force, which includes members from the U.S. Department of Homeland Security, the U.S. Secret Service, the Transportation Security Administration, the Oklahoma Highway Patrol, the University of Oklahoma Police Department, the Oklahoma City Police Department, and the Edmond Police Department.  Assistant U.S. Attorney Matt Dillon of the Western District of Oklahoma and Trial Attorney David C. Smith of the National Security Division’s Counterterrorism Section are prosecuting the case.

San Jose Man Sentenced To 18 Months In Prison For Mailing Letters Attacking Victims’ Sexual Orientation, Race, And Religion

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SAN JOSE - Robert Gary Toltzis was sentenced to 18 months in prison for mailing hateful threats to victims because of their sexual orientation, race, and religion, announced U.S. Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.   The sentence was handed down by the Honorable Edward J. Davila, U.S. District Judge.

Toltzis, 56, of San Jose, pleaded guilty to one count of mailing threatening communications.  At the time of his plea, Toltzis admitted to executing a scheme to issue a series threats of death, bodily injury, injury to reputation, and other forms of harassment to at least sixteen different victims.  Toltzis sent the threats using anonymous remailers, his own e-mail address, and the U.S. mail and chose his victims based on his belief of their sexual orientation, national origin, and ethnic background.  Toltzis acknowledged that he further harmed his victims by mailing copies of the threats to the victims’ friends and family.

Toltzis admitted he knew that some of the victims he targeted had severe mental health conditions whom he knew to be vulnerable to his hateful threats.  In addition, Toltzis admitted that on one occasion, he mailed a letter to a victim at his home urging the victim to kill himself and claiming that the victim was a drug addict, bad husband, and a homosexual.  Toltzis also admitted he delivered threats to victims who were particularly vulnerable because they had not publicly communicated their sexual orientation to their family, friends, or community.

On November 12, 2014, a federal grand jury indicted Toltzis, charging him with four counts of mailing threatening communications, in violation of 18 U.S.C. § 876(c).  He pleaded guilty to one count and the remaining three were dismissed. 

In addition to the prison term, Judge Davila ordered Toltzis to pay a $10,000 fine and serve a three-year term of supervised release.  Judge Davila scheduled an additional hearing for March 11, 2019, to determine the amount of compensation Toltzis will be ordered to pay his victims.

Assistant U.S. Attorney Patrick R. Delahunty is prosecuting the case with the assistance of Susan Kreider.  The prosecution is the result of an investigation by the FBI. 
 

Alameda County Resident Sentenced To 15 Months Of Confinement For Scheme To Defraud Networking Equipment Manufacturer

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SAN JOSE - Ferdinand Pasion Arafiles, a/k/a Dennis Arafiles, was sentenced today to 10 months in prison, 5 months of home confinement, and ordered to pay $100,000 in restitution for his role in scheme to defraud a Bay Area manufacturer and seller of networking equipment, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.  The sentence was handed down by the Honorable Edward J. Davila, U.S. District Judge.  

Arafiles, 50, of Alameda County, pleaded guilty on December 11, 2017, to wire fraud.  Arafiles was an employee of a Bay Area public school district.  According to his plea agreement, Arafiles admitted that beginning October of 2009 until February 2016, he devised a plan to take advantage of the relationship between the school district and a leading networking equipment and services corporation (the “Corporation”). Specifically, Arafiles maintained access to the Corporation’s warranty contract and service program for the school district and used that access to order, receive, and then sell, replacement computer parts to which he was not entitled.

In the plea agreement, Arafiles acknowledged he created multiple email accounts, including variations on the name of the school district that employed him, and used those email accounts to create user accounts with the Corporation.  He then made service requests on the Corporation’s customer support website. Using those email accounts and fraudulent identities, Arafiles instructed the Corporation to send “replacement” parts to designated addresses, including Arafiles’s personal residence in Alameda County.  Arafiles understood that the Corporation required the return of failed or defective parts, so he returned bogus parts that contained forged or altered serial number labels.  Arafiles also posted for sale and sold on internet market places some of the parts he fraudulently obtained from the Corporation.    

A federal grand jury indicted Arafiles on June 23, 2016.  In sum, Arafiles was charged with five counts each of wire fraud, in violation of 18 U.S.C. § 1343; interstate transportation of stolen property, in violation of 18 U.S.C. § 2314; and mail fraud, in violation of 18 U.S.C. § 1341.   

In addition to the prison term, Judge Davila sentenced the defendant to a three-year period of supervised release and $100,000 in restitution.  The defendant will begin serving his prison term on March 13, 2019.  

Assistant U.S. Attorney Jeff Schenk is prosecuting the case with the assistance of Laurie Worthen and Tong Zhang.  The prosecution was the result of an investigation by the FBI. 
 

Bay Area CPA Sentenced To Eight Months In Prison

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SAN FRANCISCO – Marc Howard Berger was sentenced today to eight months in prison for aiding and assisting in the filing of false tax returns, announced United States Attorney Alex G. Tse, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett, and Internal Revenue Service, Criminal Investigation (IRS-CI) Special Agent in Charge Tara Sullivan. The sentence was handed down by the Honorable Richard Seeborg, U.S. District Judge.  

On July 18, 2018, Berger, 68, of Walnut Creek, Calif., was found guilty, after a three-week jury trial, of willfully assisting in the preparation of three false Form 1040s for codefendant G. Steven Burrill.  The Form 1040s were filed for tax years 2011, 2012, and 2013.  Evidence at trial showed that Berger was a Certified Public Accountant and partner with a regional tax preparation firm, Burr Pilger Mayer.  Berger’s client, Burrill, was the owner and CEO of Burrill & Company, Burrill Capital, and a number of related entities.  Through the entities, Burrill managed venture capital funds, including Burrill Life Sciences Capital Fund III, L.P. (the Fund), a $283 million investment fund focused on the life sciences industry.  Between December 2007 and September 2013, Burrill transferred more than $18 million from the Fund to his management companies in excess of the management fees that were due and allowable under the agreements that governed the Fund.  Berger intentionally prepared and filed false income tax returns for Burrill that failed to report more than $18 million in income, resulting in unpaid taxes of more than $4.7 million.  With Berger’s assistance, Burrill paid no individual income taxes for the years 2009 through 2013. 

Berger was indicted by a federal grand jury on September 14, 2017.  Berger was charged with three counts of willfully aiding and assisting in the preparation of three false Form 1040s for Burrill for 2011, 2012, and 2013.

In addition to the prison term, Judge Seeborg sentenced the defendant to one year of supervised release and a $20,000 fine.  The defendant will begin serving the sentence on July 8, 2019.

Burrill pleaded guilty on December 7, 2017, to one count of investment-adviser fraud, in violation of 15 U.S.C. §§ 80b-6 & 80b-17, 18 U.S.C. § 2, and 17 C.F.R. § 275.206(4)-8, and one count of filing a false tax return, in violation of 26 U.S.C. § 7206(1).  He was sentenced to 30 months in prison on December 4, 2018.

Assistant U.S. Attorney Robert S. Leach and Trial Attorney Lori Hendrickson of the U.S. Department of Justice Tax Division are prosecuting the case with the assistance of Maryam Beros, Larry Garland, and Bridget Kilkenny.  The prosecution is the result of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation.
 

Haitian Citizen Sentenced for Illegal Re-entry into United States

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ALBANY, NEW YORK – Faveur Cassamajor, age 45, and a citizen of Haiti, was sentenced yesterday to time served (56 days in jail), and a 2-year term of post-release supervision, for illegal re-entry into 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.

Cassamajor was ordered removed from the United States to Haiti on November 6, 2002.  Cassamajor was not removed and instead was released to reside in the United States.  On August 21, 2017, Cassamajor departed the United States while the removal order was pending and entered Canada.  On October 18, 2018, he was encountered and arrested by a Border Patrol Agent just south of the border after he entered the United States without inspection approximately three miles west of the Champlain Port of Entry.  A fingerprint check of Cassamajor resulted in the discovery of the active removal order.  Cassamajor admitted that he returned to the United States without permission.   

Following the sentencing, Cassamajor was remanded to the custody of the Department of Homeland Security, for removal from the United States.     

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

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