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Belmont Resident Sentenced to 160 Months for Fentanyl Trafficking and Firearms Crimes

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            CONCORD – Louis Gardner, 41 of Belmont, New Hampshire, was sentenced to160 months in prison for participating in a conspiracy to distribute and possess with intent to distribute fentanyl, illegally possessing firearms, and possessing a firearm in furtherance of drug trafficking, United States Attorney Scott W. Murray announced.

            According to court documents and statements made in court, Gardner and another individual sold fentanyl and methamphetamine to an individual who was cooperating with the FBI on two separate occasions at locations in and around New Hampshire.  On May 31, 2017, a woman arranged for Gardner and two other men to purchase fentanyl from a supplier in Lawrence, Massachusetts.  The three men drove together from Belmont to Lawrence.  In Lawrence, the men met with their drug supplier, purchased a quantity of fentanyl, and began to drive back to New Hampshire.  On the highway near Derry, the New Hampshire State Police conducted a traffic stop and seized a firearm and a package containing approximately 111 grams of fentanyl.  As a convicted felon, Gardner could not lawfully possess a firearm.       

            Gardner previously pleaded guilty on October 30, 2018.         

            “Armed drug traffickers are a menace on our highways,” said U.S. Attorney Murray.  “The transportation of fentanyl into New Hampshire has had a disastrous impact on public health and safety. When drug traffickers are also armed, the danger grows exponentially.  I am grateful to our law enforcement partners for stopping this defendant’s criminal conduct and protecting the safety of our community.”

            “Those who distribute fentanyl, like Mr. Gardner, are endangering their customers and causing great damage to our community,” said Joseph R. Bonavolonta, Special Agent in Charge, FBI Boston Division.  “The FBI will continue to work with our law enforcement partners to detect and disrupt drug traffickers like him who are contributing to the opioid crisis.  Dangerous drugs like this need to be taken off our streets, and in doing so, we can help keep addiction from spreading.”

            This matter was investigated by the FBI, the New Hampshire State Police, and the Laconia Police Department.  The case was prosecuted by Assistant U.S. Attorney Anna Z. Krasinski.

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Queens Attorney Convicted of Scheme to Bribe A Witness in Double Homicide Trial on Long Island

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John Scarpa, Jr., an attorney admitted to practice law in the State of New York since 1982, was convicted today by a federal jury in Brooklyn of both counts of use of interstate facilities in aid of racketeering and conspiracy to do the same, stemming from his scheme to bribe a witness in a double homicide trial in State Supreme Court in Suffolk County.  The verdict followed a four-day trial before United States District Judge Carol Bagley Amon.  When sentenced, Scarpa faces up to 10 years’ imprisonment. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the verdict.

 “The jury saw through Scarpa’s corrupt scheme to help his client avoid responsibility for murder by bribing a witness to give false testimony,” stated United States Attorney Donoghue.  “With today’s verdict, the defendant will now face prison and disbarment for attempting to undermine the criminal justice system and violating the law he was sworn to uphold as an attorney.”  Mr. Donoghue thanked the Queens County District Attorney’s Office for its assistance during the investigation.

The evidence at trial established that in early 2015, Scarpa plotted with co-conspirator Charles Gallman to bribe a convicted murderer to testify in support of Scarpa’s client, Reginald Ross, who was charged with the execution-style killings of two men.  Court-authorized intercepted communications, obtained during an investigation conducted by the Queens County District Attorney’s Office, revealed that Scarpa and Gallman planned to bribe Luis Cherry to testify falsely at trial that he alone had committed the second of the two murders, and that Ross was innocent.  Gallman promised to help Cherry with the appeal of his own murder conviction, and to spread word in the prison system that Cherry had not informed against Ross.  After meeting with Cherry at Downstate Correctional Facility, Gallman reported to Scarpa, “Anything we need, he’s willing.”  Scarpa asked, “So this guy is willing to do whatever?” Gallman replied, “Whatever you need, John. Whatever you need….  I got a bunch of stuff I wrote down that he wants.”  Scarpa called Cherry as a witness at Ross’s trial, and Cherry testified falsely.  Notwithstanding that false testimony, the judge returned guilty verdicts on both murders.

Gallman pleaded guilty in November 2018 to conspiring to violate the Travel Act by bribing a witness to testify falsely, and conspiring to make false statements to the Bureau of Prisons in a separate scheme.  He was sentenced on March 7, 2019 to three years’ imprisonment. 

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Lindsay K. Gerdes, Andrey Spektor and Keith D. Edelman are in charge of the prosecution.

The Defendant:

JOHN SCARPA, JR.
Age:  66
Hauppauge, New York

E.D.N.Y. Docket No. 18-CR-123 S1 (CBA)

Hartford Man Who Sold Fentanyl to Southington Overdose Victim Pleads Guilty

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John H. Durham, United States Attorney for the District of Connecticut, announced that EDGARDO RIVERA, also known as “Eggy,” 27, of Hartford, waived his right to be indicted and pleaded guilty today before U.S. District Judge Kari A. Dooley in Bridgeport to fentanyl distribution and firearm possession offenses.

This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.

According to court documents and statements made in court, on July 17, 2017, the Southington Police Department and emergency medical personnel responded to a Southington residence on a report of an unresponsive male.  At the residence, medical personnel pronounced a male victim deceased of a suspected drug overdose.  Investigators collected bags, which were later found to contain fentanyl, from the scene.

The Office of the Chief Medical Examiner subsequently determined the victim’s cause of death to be “acute fentanyl toxicity.”

The investigation revealed that the victim purchased fentanyl from Rivera the day before the victim died from ingesting the drug.

In May and June 2018, law enforcement conducted controlled purchases of fentanyl and heroin from Rivera.

Rivera was arrested on federal criminal complaint on October 5, 2018.  At the time of his arrest, he was found in possession of approximately 300 grams of controlled substances containing heroin and fentanyl, a loaded 9mm pistol, and more than $14,000 in cash.

Rivera pleaded guilty to one count of possession with intent to distribute, and distribution of, 40 grams or more of fentanyl, and one count of possession of a firearm in furtherance of a narcotics trafficking offense.  Judge Dooley scheduled sentencing for August 21, 2019, at which time Rivera faces a prison term of at least 10 years.

Rivera is detained pending sentencing.

This investigation is being conducted by the Drug Enforcement Administration’s New Haven Task Force, U.S. Marshals Service and Southington Police Department.  The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.

Harnett County Nine Trey Blood Sentenced for Illegally Possessing Firearms

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RALEIGH– Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that Chief United States District Judge Terrence W. Boyle sentenced TYRESE QUINTARIUS PEGUES, 19, of Lillington to 27 months’ imprisonment, followed by 3 years of supervised released.

On November 27, 2018, PEGUES was named in a one-count Indictment charging him with Possession of a Firearm by a Convicted Felon.  On February 19, 2019, PEGUES pled guilty to the charge. 

 On August 25, 2018, a call was placed to the Harnett County Sheriff’s Office in Lillington, North Carolina, concerning shots fired at a residence in Heritage Village.  Deputies responded and identified the address in question as 1346 Heritage Way.  Deputies noted bullet holes in the house and in a vehicle, and they then made entry through the unsecured front door.  Once inside, they observed firearms, currency, a small quantity of marijuana and a $10 bill in a jar, and packaging material in the kitchen and in a bedroom in plain view.  A .380 caliber handgun was located in one of the bedrooms with the slide locked back.  Shell casings for a .380 caliber firearm were located outside the residence.

After securing a search warrant, an inspection of the residence recovered a total of three firearms, including an AR-15 assault weapon containing two thirty-round magazinestaped together on the couch in the living room.  Paperwork identifying PEGUES was recovered from one of bedrooms.  The bedroom identified as belonging to PEGUES contained the .380 caliber handgun and a set of digital scales.  The gun was reported stolen.  

On August 28, 2018, PEGUES was arrested. He declined to provide any information on that date, but did provide a statement on August 29, 2018.  PEGUES admitted shooting at a vehicle in self-defense after seeing a vehicle drive by slowly and a known individual raise what appeared to be a firearm.  Thereafter, PEGUES went inside to retrieve the AR-15 and returned to the porch.  PEGUES denied any involvement with the marijuana found inside the residence.

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.  Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted 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. 

That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina.  This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violence crime rate, drug trafficking, and crimes against law enforcement.

The investigation of this case was conducted by the Harnett County Sheriff’s Office. 

Assistant United States Attorney Daniel W. Smith prosecuted the case for the government.

Attorney Convicted of Defrauding Elderly Woman Sentenced to Almost 4 Years in Prison

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PHILADELPHIA – U.S. Attorney William M. McSwain announced that John Kelvin Conner, 63, of Elkins Park, Pennsylvania, was sentenced today to nearly four years (46 months) imprisonment, three years supervised release, ordered to forfeit $14,923 and pay an additional $14,923 in restitution by United States District Judge Gerald M. McHugh. Conner was convicted in February 2019 by a jury of 19 counts of wire fraud and one count of making a false statement to federal agents. The defendant, an attorney and former federal agent, devised and participated in a scheme to defraud an elderly woman out of more than $95,000 so that he could gamble with her money at casinos.

In July 2016, the 85-years old victim signed a Power of Attorney (“POA”) agreement with the defendant that granted him authority to manage the victim’s finances and pay her bills. At the time, the victim lived at home, but required the assistance of multiple caregivers, and her only source of income was a monthly pension. The evidence presented at trial showed that Conner used the POA agreement to liquidate a life annuity policy that the victim owned, deposit the proceeds into one of her bank accounts, and siphon nearly all of that money for his personal use at casinos.

From August 16, 2016 until April 22, 2017, the defendant used an ATM card to make at least 176 unauthorized withdrawals at Pennsylvania and New Jersey casinos totaling at least $95,688 from the victim’s bank account. During this time, the defendant neglected to pay the victim’s bills, which led to her temporarily losing basic utilities like heat, hot water, electricity, and telephone services. Additionally, many checks paid to the home caregivers were returned because of insufficient balances in the victim’s checking account. Ultimately, Conner left the elderly victim with just $15.07 in her bank accounts before he was caught. When questioned by FBI agents about the ATM withdrawals, the defendant falsely told the agents a ridiculous story that the victim had authorized him to use her money to gamble at casinos.

“The defendant’s conduct in this case was egregious,” said U.S. Attorney McSwain. “Stealing an elderly woman’s life-savings, gambling it away at casinos, and then lying about it to federal agents – all as an officer of the court, an attorney who took an oath to act in the best interest of his clients and with a high moral standard. This is the very definition of someone with power preying upon the most vulnerable. I am grateful that the Judge held him accountable for his despicable actions.”

“Ripping off an elderly and vulnerable woman, gambling away her money even as her utilities were being shut off — the callousness of John Conner's crimes is staggering,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “While we can't undo all of the stress and damage caused, the FBI takes great satisfaction in bringing crooks like Connor to justice and preventing them from doing any more harm. Elder fraud and abuse are utterly unacceptable. If you're being victimized or know of someone who is, please reach out to the FBI. As always, tipsters can remain anonymous.”

The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Mark B. Dubnoff.

WikiLeaks Founder Charged in 18-Count Superseding Indictment

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ALEXANDRIA, Va. – A federal grand jury returned an 18-count superseding indictment today charging Julian P. Assange, 47, the founder of WikiLeaks, with offenses that relate to Assange’s alleged role in one of the largest compromises of classified information in the history of the United States.   

The superseding indictment alleges that Assange was complicit with Chelsea Manning, a former intelligence analyst in the U.S. Army, in unlawfully obtaining and disclosing classified documents related to the national defense. Specifically, the superseding indictment alleges that Assange conspired with Manning; obtained from Manning and aided and abetted her in obtaining classified information with reason to believe that the information was to be used to the injury of the United States or the advantage of a foreign nation; received and attempted to receive classified information having reason to believe that such materials would be obtained, taken, made, and disposed of by a person contrary to law; and aided and abetted Manning in communicating classified documents to Assange. 

After agreeing to receive classified documents from Manning and aiding, abetting, and causing Manning to provide classified documents, the superseding indictment charges that Assange then published on WikiLeaks classified documents that contained the unredacted names of human sources who provided information to United States forces in Iraq and Afghanistan, and to U.S. State Department diplomats around the world. These human sources included local Afghans and Iraqis, journalists, religious leaders, human rights advocates, and political dissidents from repressive regimes. According to the superseding indictment, Assange’s actions risked serious harm to United States national security to the benefit of our adversaries and put the unredacted named human sources at a grave and imminent risk of serious physical harm and/or arbitrary detention.

The superseding indictment alleges that beginning in late 2009, Assange and WikiLeaks actively solicited United States classified information, including by publishing a list of “Most Wanted Leaks” that sought, among other things, classified documents. Manning responded to Assange’s solicitations by using access granted to her as an intelligence analyst to search for United States classified documents, and provided to Assange and WikiLeaks databases containing approximately 90,000 Afghanistan war-related significant activity reports, 400,000 Iraq war-related significant activities reports, 800 Guantanamo Bay detainee assessment briefs, and 250,000 U.S. Department of State cables.

Many of these documents were classified at the Secret level, meaning that their unauthorized disclosure could cause serious damage to United States national security. Manning also provided rules of engagement files for the Iraq war, most of which were also classified at the Secret level and which delineated the circumstances and limitations under which United States forces would initiate or conduct combat engagement with other forces.

The superseding indictment alleges that Manning and Assange engaged in real-time discussions regarding Manning’s transmission of classified records to Assange. The discussions also reflect that Assange actively encouraged Manning to provide more information and agreed to crack a password hash stored on U.S. Department of Defense computers connected to the Secret Internet Protocol Network (SIPRNet), a United States government network used for classified documents and communications. Assange is also charged with conspiracy to commit computer intrusion for agreeing to crack that password hash.

Assange is presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, he faces a maximum penalty of 10 years in prison on each count except for conspiracy to commit computer intrusion, for which he faces a maximum penalty of five years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, John C. Demers, Assistant Attorney General for National Security, and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement. First Assistant U.S. Attorney Tracy Doherty-McCormick, Assistant U.S. Attorneys Kellen S. Dwyer, Thomas W. Traxler and Gordon D. Kromberg, and Trial Attorneys Matthew R. Walczewski and Nicholas O. Hunter of the Justice Department’s National Security Division are prosecuting the case.

Assange is currently serving a sentence in the United Kingdom for failure to surrender to U.K. authorities in 2012. Assange’s extradition to the United States is being handled by the Department of Justice’s Office of International Affairs.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-111.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

Illegal Alien Charged in Money Laundering Conspiracy and for Firearms Violation

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CORPUS CHRISTI, Texas – A federal grand jury has returned a two-count indictment against a 31-year-old Mexican citizen who illegally resided in Mission, announced U.S. Attorney Ryan K. Patrick.
 
Abraham Barajas-Alcantar was originally arrested by criminal complaint April 30, 2019. A grand jury has now indicted him for conspiracy to conduct financial transactions and being an alien illegally in possession of firearms. He had already been in custody on the original charges, but will make an appearance on the indictment before a U.S. magistrate judge in the near future.
 
The indictment alleges Barajas-Alcantar conspired to conduct financial transactions and transported, transmitted and transferred the proceeds of the drug trafficking from May 28, 2014, to Nov. 1, 2017. He is further charged with being an alien from Mexico, illegally and unlawfully in the United States, who knowingly possessed six firearms which had previously traveled in interstate or foreign commerce.
 
The charges allege a money laundering conspiracy which focuses on a number of methods drug traffickers use to launder proceeds from the delivery and sale of narcotics. Specifically, in this case, Barajas allegedly purchased aircraft, aircraft engines and aircraft parts with drug proceeds and shipped them to his business in McAllen. From there, Barajas shipped the merchandise to Mexico for his customers, according to the allegations.
 
The charges further allege drug proceeds were then sent to Barajas in the form of bulk cash and through the funneling of cash deposits via banks. Barajas-Alcantar allegedly had accounts or had access to or controlled accounts in those financial institutions.
 
This activity combined the traditional methods of bulk cash smuggling and the use of funnel accounts with trade-based money laundering through the purchase of aircraft and related equipment with drug proceeds for shipment to drug traffickers in Mexico, according to the charges.
 
If convicted of the money laundering conspiracy offense, Barajas-Alcantar faces up to 20 years in federal prison, while the firearms offense carries a potential 20 year-term of imprisonment. Both convicted also have a potential $250,000 fine.
 
The Drug Enforcement Administration and IRS – Criminal Investigation conducted the investigation. Assistant U.S. Attorney Kenneth Cusick is prosecuting the case.
 
An indictment is a formal accusation of criminal conduct, not evidence. 
A defendant is presumed innocent unless and until convicted through due process of law.

Lady Lake Man Pleads Guilty To Producing Child Pornography Of 6-Year-Old Girl

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Ocala, Florida – Brian Alan Jones (36, Lady Lake) today pleaded guilty to sexual exploitation of a child under 12 years of age. He faces a minimum mandatory penalty of 15 years, and up to 30 years, in federal prison. A sentencing date has not yet been set.      

According to court documents, Jones produced sexually explicit images of a 6-year-old girl who was under his supervision. He took explicit photographs of the victim on his cellphone and sent them to an undercover officer posing as a pedophile. The victim resided with her mother and Jones, who were allegedly dating at the time of this crime. 

Jones also admitted to sending another undercover officer sexually explicit videos depicting young children having sexual intercourse with adult men. Jones’s cellphone was later found to contain more than 100 images of the child victim and over 70 images of other child pornography or child erotica.

This case was investigated by Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.

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


Second Nashville Man Indicted For 2016 Robbery/Murder

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NASHVILLE, Tenn. – May 23, 2019– A superseding indictment returned yesterday charged Christopher Brazelton, 24, of Nashville, Tennessee, with conspiring to commit and committing Hobbs Act Robbery; using, carrying, brandishing and discharging a firearm resulting in death; conspiring to tamper with a witness; and being a convicted felon in possession of a firearm, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Brandon Hunt-Clark, 22, also of Nashville, was previously indicted last month in connection with this case. 

According to the indictment, these charges resulted from the robbery and murder of Justin Lawton, who was found shot to death in Nashville on December 14, 2016.  The indictment also charges that Hunt-Clark and Brazelton conspired with unnamed others to tamper with a witness who had knowledge of that robbery and murder. 

Both defendants are in custody and if convicted, face up to life in prison. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Metropolitan Nashville Police Department.  Assistant U.S. Attorney Sunny A.M. Koshy is prosecuting the case.

The charges in the indictment are merely accusations.  Each defendant is presumed innocent until proven guilty in a court of law. 

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Lumberton Man Sentenced to Over Seven Years Following Multiple Firearms Arrests

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NEW BERN— The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge Louise W. Flanagan sentenced Frederick Beverly, 41, of Lumberton to 87 months’ imprisonment, followed by 3 years of supervised release.  Beverly pled guilty to one count of possession of a firearm by a convicted felon on January 29, 2019. 

On January 19, 2017, a team of law enforcement consisting of members of the Lumberton Police Department, U.S. Marshal’s Service, Robeson County Sheriff’s Office, and North Carolina State Highway Patrol successfully located BEVERLY’s vehicle in Robeson County and arrested BEVERLY.  Under BEVERLY’s seat, officers found a Hi-Point .45 caliber semi-automatic handgun. 

At sentencing, it was noted that BEVERLY was found in possession of firearms on two additional occasions following his January 2017 arrest.  On September 19, 2017, and again on March 16, 2018, officers of the Lumberton Police Department conducted traffic stops of vehicles which BEVERLY drove or in which he was a passenger and found BEVERLY to be in possession of handguns. 

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.   Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted 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.

That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina.  This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

The investigation of this case was conducted by the Lumberton Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), with additional assistance from the Robeson County Sheriff’s Office, North Carolina State Highway Patrol, and U.S. Marshals Service.  Assistant United States Attorney Jake D. Pugh represented the government. 

Five Plead Guilty In Oxycodone Conspiracy

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NASHVILLE, Tenn. – May 23, 2019 – The final person charged last year in a in a conspiracy to obtain and distribute oxycodone in the Nashville area has pleaded guilty in U.S. District Court, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. 

AbdulNasar Nour, 25, of Antioch, Tennessee, pleaded guilty today to wire fraud and aggravated identity theft, after being indicted with four others in June 2018.

In January 2017, Nour and others devised a scheme to steal the personal identification information, including the DEA registration numbers, from four area medical providers, in order to create fraudulent prescriptions for oxycodone.  Another defendant, William Afari, worked as an intern at a dental clinic in Nashville, and stole the personal information of 22 patients, which was then used to create the fraudulent prescriptions.  These prescriptions were presented at  pharmacies in the Nashville area and exchanged for oxycodone.

Others charged in this conspiracy have previously pleaded guilty and are awaiting sentencing.  They include William Afari, 24, of Antioch, Tennessee; Simbarashe Kanjanda, aka Simba, 38, of Hermitage, Tennessee; Kudakawashe Mandishona, aka Kuda, 24, of Antioch, Tennessee; and Robert Pride, Jr., 32, of Nashville, Tennessee.

Each defendant faces a mandatory minimum term of two years in prison and up to 20 years, when they are sentenced later this year. 

This case was investigated by the Drug Enforcement Administration; the Tennessee Office of Inspector General; and the Smyrna Police Department. The case is being prosecuted by Assistant U.S. Attorney Ahmed A. Safeeullah.     

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Kalispell man gets 12 years in prison for meth, firearms crimes

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BILLINGS—A Kalispell man who admitted drug trafficking and firearms crimes after law enforcement seized meth from his Billings hotel room last year was sentenced today to 12 years in prison and to five years of supervised release, U.S. Attorney Kurt Alme said.

Christopher Scott Hurst, 30, pleaded guilty in December to possession with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.

U.S. District Judge Susan P. Watters presided.

Prosecutors said in court records that Hurst was arrested on Feb. 27, 2018 at a Billings hotel. Agents with the Eastern Montana High Intensity Drug Trafficking Area Task Force served a search warrant on Hurst’s room and seized about a half-ounce of meth and $1,488 cash. After the search, hotel staff found a handgun that had been missed in the initial search.

Hurst told investigators that he had been getting meth, heroin and cocaine from two persons in California and that these persons had been bringing large quantities of drugs to Billings for months. Hurst also admitted he had been getting four to eight ounces of meth almost every day for months.

In addition, a witness who was familiar with Hurst’s activities told agents he had repeatedly seen Hurst with firearms and meth and that Hurst had traded firearms for meth on several occasions.

Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the FBI, EMHIDTA and Billings Police Department.

The case is part of Project Safe Neighborhoods (PSN), which 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.

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Aberdeen Man Pleads Guilty to Methamphetamine Trafficking

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Jackson, Miss. – Terrence Gunn, 31, of Aberdeen, Mississippi, pled guilty today before U.S. District Judge Henry T. Wingate to possession with intent to distribute 50 grams or more of  methamphetamine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Brad L. Byerley with the Drug Enforcement Administration (DEA).   

During an investigation of drug trafficking in central Mississippi, agents discovered that Gunn and another individual had arranged to meet in order to conduct a drug transaction.  On June 2, 2018, agents surveilled the meeting between Gunn and that individual.  After the meeting, Gunn headed north on Interstate 55.  A Madison County Sheriff’s Office deputy attempted to stop Gunn but Gunn fled.  Agents observed Gunn throw items from the vehicle as he was fleeing law enforcement officers.  Ultimately, law enforcement officers were able to stop Gunn, where they recovered approximately 400 grams of methamphetamine, 40 grams of heroin and some marijuana.    

Gunn will be sentenced by Judge Wingate on August 23, 2019, at 9:30 a.m. and he faces a maximum penalty of life in prison and a $10,000,000 fine.

The case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol Tobacco Firearms and Explosives, the U.S. Marshals Service, Hinds County Sheriff’s Office, Jones County Sheriff’s Department, Richland Police Department, Pearl Police Department, Madison County Sheriff’s Office, and the Jackson Police Department. It is being prosecuted by Assistant United States Attorney Chris Wansley.

 

Garryowen man admits involuntary manslaughter, assault charges in vehicle crash

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BILLINGS – A Garryowen man this week admitted involuntary manslaughter and assault charges stemming from an August 2018 vehicle crash that killed one passenger and injured two other passengers on the Crow Reservation, U.S. Attorney Kurt Alme said.

Gus Oldbear III, 20, pleaded guilty on May 21 to involuntary manslaughter and to two counts of assault resulting in serious bodily injury.

U.S. District Judge Susan P. Watters presided. Oldbear faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the assault charge and a maximum eight years in prison, a $250,000 fine and three years of supervised release on the manslaughter charge. Watters released Oldbear pending sentencing.

Prosecution evidence in court records said that Oldbear was driving a truck on a secondary highway between Wyola and Lodge Grass at about 4 a.m. on Aug. 10, 2018 when it left the road, hit a ditch and rolled. One of the three passengers in the truck died as a result of the crash, while the other two suffered serious injuries.

Oldbear and the three passengers, and an additional person, had been drinking and driving around most of the day on Aug. 9 and evening of Aug. 10. The additional person was dropped off in Wyola immediately before the crash. Oldbear admitted in an interview that he had been drinking but claimed that the cause of the crash was him falling asleep. A blood test taken from Oldbear at the time of crash determined he had a blood-alcohol concentration of .123 percent.

An autopsy performed on deceased person confirmed the cause of death was blunt force trauma caused by the crash. Both of the surviving passengers suffered spinal fractures and other fractures and lacerations.

Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI.

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Wilmington Area Drug Dealer Receives More Than 13 Years in Federal Prison

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RALEIGH— The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that United States District Judge James C. Dever III sentenced DETRICK DAYE, 23, of Wilmington to 162 months of imprisonment followed by 3 years of supervised release.  On November 5, 2018, DAYE pled guilty to conspiracy to distribute and possess with the intent to distribute a quantity of heroin and a quantity of fentanyl, six (6) counts of distribution of a quantity of heroin, and possession with intent to distribution of a quantity of heroin and a quantity of fentanyl.

According to the investigation, the New Hanover County Sheriff’s Office and the Federal Bureau of Investigation’s Safe Streets Task Force began investigating a drug trafficking organization, in which DAYE was a member, due to a series of opioid overdoses in the New Hanover County area. 

Between September 2017 and December 2017, the New Hanover County Sheriff’s Office made six controlled purchases of either heroin or a heroin/fentanyl mixture from DAYE at various location in Wilmington.  On December 7, 2017, after the final controlled purchase, DAYE was arrested.  Law enforcement conducted a search of his residence and found a quantity of a heroin/fentanyl mixture.   According to law enforcement, DAYE was a validated gang member.

This case is part of the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina.  This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

This investigation was conducted by the FBI Safe Streets Task Force and the New Hanover County Narcotics Unit.  Assistant United States Attorney Timothy M. Severo handled the prosecution of this case for the government.     


Federal Jury Finds Pittsburgh Man Guilty of Possessing Crack, Cocaine, Marijuana and 4 Loaded Firearms

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PITTSBURGH - After deliberating for two hours, a federal jury of nine men and three women found Denver Sangster guilty of one count of Possession with the Intent to Deliver More than 280 Grams of Crack Cocaine, a Quantity of Cocaine, and a Quantity of Marijuana and one count of Possession of Firearms in Furtherance of Drug Trafficking, United States Attorney Scott W. Brady announced today.

Sangster, 43, of Pittsburgh, Pennsylvania was tried before United States District Judge David Stewart Cercone in Pittsburgh, Pennsylvania.

According to Assistant United States Attorneys Brendan T. Conway and Brian Czarnecki, who prosecuted the case, the evidence presented at trial established that on March 30, 2016, the Pittsburgh Bureau of Police executed a search warrant at Sangster’s former residence, along with his person and vehicle. During the course of the search warrant, the officers located approximately 340 grams of crack cocaine, 150 grams of powdered cocaine, and more than nine kilograms of marijuana, along with four loaded firearms.

Judge Cercone scheduled sentencing for October 1, 2019. The law provides for a total sentence of not less than 15 years in prison and up to life. Under the Federal Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the and the prior criminal history, if any, of the defendant.

The Pittsburgh Bureau of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Sangster.

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.

Creedmoor Man Sentenced to More Than 27 Years for Manufacturing Child Pornography

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NEW BERN– Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that United States District Judge Louise W. Flanagan sentenced MARK BASS, 59, of Creedmoor, North Carolina to 326 months’ imprisonment, followed by a lifetime of supervised released.  He was also ordered to pay restitution in the amount of $75,000.00. 

On October 18, 2018, BASS was named in a one-count Indictment charging him with the Manufacture of Child Pornography.  On January 28, 2019, BASS pled guilty to the charge.  BASS is currently serving a term in state custody for other sex offenses against children.

In August 2017, the Granville County Sheriff’s Office (GCSO) in Oxford, North Carolina, and the Wake County Sheriff’s Office in Raleigh, North Carolina, received information related to the sexual abuse of an 18-year-old female (Victim 1) by  MARK BASS.  The sexual abuse began when Victim 1 was 7 or 8 years of age and continued until she was at least 17 years old.  During the course of the investigation, agents also learned of a second victim, Victim 2, a 13 year-old autistic male, who was also sexually abused by BASS.

On January 30, 2018, Wake County Child Protective Services (WCCPS) notified the GCSO that Victim 2 reported multiple forms of sexual abuse endured at the hands of BASS.  Victim 2 also substantiated that BASS took sexual photographs of Victim 1 with his cellphone, which BASS periodically showed to Victim 2.  

Based on the substantiated sexual abuse involving Victims 1 and 2, a search warrant was obtained and executed at BASS’ residence on February 16, 2018. A cellphone belonging to BASS and other physical evidence was seized.  Forensic investigation of the cellphone indicated that, on August 14, 2016, BASS produced at least one image of Victim 2 that constituted child pornography under the law.  Evidence also proved that BASS engaged in sexual contact with Victim 2 on multiple occasions.

This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level.  For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.

The investigation of this case was conducted by Homeland Security Investigations, Granville County Sheriff’s Office, and the Wake County Sheriff’s Office. 

Assistant United States Attorney Melissa Belle Kessler prosecuted the case for the government.

Tulare County Man Indicted On Methamphetamine Trafficking Charges

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FRESNO, Calif. — A federal grand jury returned a three-count indictment today against Alejandro Cabrera-Gallegos, 37, of Porterville, charging him with distribution of methamphetamine and possession with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.

According to court documents, on May 2, 2019, Cabrera distributed one pound of methamphetamine to an individual in Tulare County. On May 14, 2019, Cabrera was arrested in Tulare County attempting to distribute five pounds of methamphetamine. An additional one pound of methamphetamine was seized during a search warrant executed at Cabrera’s residence in Porterville on May 14, 2019.

This case is the product of an investigation by the Drug Enforcement Administration and the Porterville Police Department. Assistant U.S. Attorneys Kathleen Servatius and Katherine Schuh are prosecuting the case.

If convicted, Cabrera faces a mandatory minimum statutory penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

President And CEO Of Las Vegas Investment Company Sentenced To 50 Years In Prison For Running $1.5 Billion Ponzi Scheme

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LAS VEGAS, Nev. The former president and CEO of MRI International Inc. (MRI), a purported investment company and medical collections business located in Las Vegas, Nevada, and Tokyo, Japan, was sentenced to 50 years in prison today for his role in a $1.5 billion Ponzi scheme.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Nicholas A. Trutanich of the District of Nevada and Special Agent in Charge Aaron C. Rouse of the FBI’s Las Vegas Division made the announcement.

Edwin Fujinaga, 72, of Las Vegas, was sentenced by Chief Judge Gloria Navarro of the U.S. District Court for the District of Nevada, who also sentenced Fujinaga to three years of supervised release, ordered restitution in the amount of $1,129,409,449 and forfeiture in the amount of $813,297,912.65. In November 2018, after a five-week trial, Fujinaga, was found guilty of eight counts of mail fraud, nine counts of wire fraud and three counts of money laundering in connection with his Ponzi scheme.

According to evidence presented during trial, from 2000 until approximately 2013, Fujinaga fraudulently solicited over $1 billion in investments in MRI from over 10,000 Japanese victims who resided in Japan. The victims would wire their funds from Japan to bank accounts in Las Vegas under Fujinaga’s control. Fujinaga approved and disseminated marketing materials that promised investors that their funds would only be used for purchasing medical claims and that an escrow agent would ensure that MRI used investor funds for only that purpose. In truth, Fujinaga spent less than two percent of investor funds to purchase medical claims. Instead, Fujinaga used the vast majority of new investors’ funds to pay off old investors. He used the balance of investors’ funds for impermissible business and lavish personal expenses, such as a private jet; a mansion on a Las Vegas golf course; real estate in Beverly Hills, California wine country and Hawaii; and Bentley, McLaren and Bugatti luxury cars. When the Japanese government revoked MRI’s license to market securities in April 2013, MRI owed its investors more than $1.5 billion. Victims traveled from Japan and other locations to testify about the funds they gave to Fujinaga. Some victims lost their life savings to the scheme.

Co-defendants Junzo Suzuki, 70, and Paul Suzuki, 40, were extradited from Japan in April 2019, and are currently awaiting trial.

The case was investigated by the FBI. The Criminal Division’s Office of International Affairs, the Securities and Exchange Commission, the Financial Services Agency of Japan, the Japanese Ministry of Justice and the Japanese Ministry of Foreign Affairs provided assistance in this matter. The case is being prosecuted by Trial Attorneys William Johnston and Danny Nguyen of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tony Lopez of the District of Nevada. Forfeiture is being handled by Assistant U.S. Attorney Daniel Hollingsworth of the District of Nevada.

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WikiLeaks Founder Charged in 18-Count Superseding Indictment

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ALEXANDRIA, Va. – A federal grand jury returned an 18-count superseding indictment today charging Julian P. Assange, 47, the founder of WikiLeaks, with offenses that relate to Assange’s alleged role in one of the largest compromises of classified information in the history of the United States.   

The superseding indictment alleges that Assange was complicit with Chelsea Manning, a former intelligence analyst in the U.S. Army, in unlawfully obtaining and disclosing classified documents related to the national defense. Specifically, the superseding indictment alleges that Assange conspired with Manning; obtained from Manning and aided and abetted her in obtaining classified information with reason to believe that the information was to be used to the injury of the United States or the advantage of a foreign nation; received and attempted to receive classified information having reason to believe that such materials would be obtained, taken, made, and disposed of by a person contrary to law; and aided and abetted Manning in communicating classified documents to Assange. 

After agreeing to receive classified documents from Manning and aiding, abetting, and causing Manning to provide classified documents, the superseding indictment charges that Assange then published on WikiLeaks classified documents that contained the unredacted names of human sources who provided information to United States forces in Iraq and Afghanistan, and to U.S. State Department diplomats around the world. These human sources included local Afghans and Iraqis, journalists, religious leaders, human rights advocates, and political dissidents from repressive regimes. According to the superseding indictment, Assange’s actions risked serious harm to United States national security to the benefit of our adversaries and put the unredacted named human sources at a grave and imminent risk of serious physical harm and/or arbitrary detention.

The superseding indictment alleges that beginning in late 2009, Assange and WikiLeaks actively solicited United States classified information, including by publishing a list of “Most Wanted Leaks” that sought, among other things, classified documents. Manning responded to Assange’s solicitations by using access granted to her as an intelligence analyst to search for United States classified documents, and provided to Assange and WikiLeaks databases containing approximately 90,000 Afghanistan war-related significant activity reports, 400,000 Iraq war-related significant activities reports, 800 Guantanamo Bay detainee assessment briefs, and 250,000 U.S. Department of State cables.

Many of these documents were classified at the Secret level, meaning that their unauthorized disclosure could cause serious damage to United States national security. Manning also provided rules of engagement files for the Iraq war, most of which were also classified at the Secret level and which delineated the circumstances and limitations under which United States forces would initiate or conduct combat engagement with other forces.

The superseding indictment alleges that Manning and Assange engaged in real-time discussions regarding Manning’s transmission of classified records to Assange. The discussions also reflect that Assange actively encouraged Manning to provide more information and agreed to crack a password hash stored on U.S. Department of Defense computers connected to the Secret Internet Protocol Network (SIPRNet), a United States government network used for classified documents and communications. Assange is also charged with conspiracy to commit computer intrusion for agreeing to crack that password hash.

Assange is presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, he faces a maximum penalty of 10 years in prison on each count except for conspiracy to commit computer intrusion, for which he faces a maximum penalty of five years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, John C. Demers, Assistant Attorney General for National Security, and Timothy Dunham, Acting Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement. First Assistant U.S. Attorney Tracy Doherty-McCormick, Assistant U.S. Attorneys Kellen S. Dwyer, Thomas W. Traxler and Gordon D. Kromberg, and Trial Attorneys Matthew R. Walczewski and Nicholas O. Hunter of the Justice Department’s National Security Division are prosecuting the case.

Assange is currently serving a sentence in the United Kingdom for failure to surrender to U.K. authorities in 2012. Assange’s extradition to the United States is being handled by the Department of Justice’s Office of International Affairs.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-111.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

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