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Previously Convicted Felon Sentenced for Possession of Firearm

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RICHMOND, Va. – A Richmond man who is a previously convicted felon was sentenced today to 7 years in prison for being a felon in possession of a firearm. 

According to court documents, Antonio Patterson, 28, was observed by Richmond Police speeding in a car. After the officers attempted to stop the vehicle, Patterson led the officers on a high-speed chase before he drove his car into a median and ran from the vehicle on foot before he was apprehended a short distance away. A search of the car revealed a 9mm handgun equipped with an extended 30-round magazine. The officers also recovered a large amount of marijuana in the trunk of the car. Patterson admitted to possessing the firearm after being convicted of a felony. 

This 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.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney Peter S. Duffey prosecuted the case.

The Richmond Police Department provide significant assistance with this prosecution.

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. 3:18-cr-146.


Red Terror Human Rights Abuser Sentenced for Naturalization Fraud

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ALEXANDRIA, Va. – A naturalized U.S. citizen residing in Alexandria was sentenced today to 3 years in prison for having fraudulently obtained United States citizenship.

“Negussie hid his past atrocities as a human rights abuser and lied his way into the United States,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “United States citizenship and the protections and privileges that accompany it is not intended for those who persecute their fellow man. My thanks to the prosecutors and law enforcement agents and officers for their outstanding work on this case.”

According to court documents, Mergia Negussie Habteyes, 58, participated in the persecution of detainees at a makeshift prison from 1977 to 1978 during the “Red Terror,” a campaign of brutal violence during which Ethiopia’s ruling military council, the Derg, and its affiliates arrested, extra-judicially imprisoned, interrogated, and tortured tens of thousands of members, perceived members, and supporters of political opposition groups. Negussie tortured detainees on account of their political opinion by beating them with belts, rods, and other objects, causing in many instances permanent scarring and injury. During these beatings, Negussie questioned the detainees about their affiliation with the Ethiopian People’s Revolutionary Party (EPRP) and opposition activities of the EPRP, which was the Derg’s primary political opponent at the time.

Negussie came to the United States in 1999 after telling a series of lies to United States immigration officials in the course of obtaining authority to enter the United States as a refugee. He ultimately became a naturalized United States citizen in 2008. During his sworn naturalization interview, he falsely stated that he had never persecuted persons because of their political opinion, and he failed to disclose that he had committed a crime or offense for which he was not arrested. Additionally, Negussie falsely stated that he had never given false or misleading information to any United States government official while applying for any immigration benefit and that he had never lied to United States immigration officials to gain entry or admission into the United States.

Negussie’s materially false representations in sworn statements to U.S. immigration officials resulted in his procurement of naturalization contrary to law. In addition to sentencing Negussie to a period of incarceration, Negussie’s U.S. citizenship was also revoked.

The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C. with the support of the Human Rights Violators and War Crimes Center (HRVWCC). Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate, and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female genital mutilation, or the use or recruitment of child soldiers. The HRVWCC leverages the expertise of a select group of agents, lawyers, intelligence and research specialists, historians, and analysts who direct the government’s broader enforcement efforts against these offenders. The HRVWCC comprises ICE HSI’s Human Rights Violators and War Crimes Unit, ICE’s Human Rights Law Section, the FBI’s International Human Rights Unit, and the Justice Department’s Human Rights and Special Prosecutions Section (HRSP).

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, and Patrick J. Lechleitner, Special Agent in Charge of ICE HSI Washington, D.C., made the announcement after sentencing from Senior U.S. District Judge T.S. Ellis, III. Assistant U.S. Attorney Alexander E. Blanchard and HRSP Trial Attorney Jamie B. Perry prosecuted the case.

Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the Human Rights and Special Prosecutions Section at hrsptips@usdoj.gov or toll-free at 1-800-813-5863, or through the HSI tip line at 1-866-DHS-2-ICE or its online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp.

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 is 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-305.

Two Mexican Nationals Indicted For Transporting Approximately 14,800 Counterfeit Oxycodone Pills Containing Fentanyl

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SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment Thursday against Ivan Lopez, 34, of Mexico, and Erick Olivas Lopez, 39, of Mexico, charging them with conspiracy and possession with intent to distribute at least 400 grams of a substance containing fentanyl, U.S. Attorney McGregor W. Scott announced.

According to court documents, on April 25, 2019, the defendants were found in possession of approximately 14,799 fentanyl-laced counterfeit oxycodone pills, weighing approximately 1.6 kilograms, during a traffic stop in Sacramento.

This case is the product of an investigation by the Tri-County Drug Enforcement Team (TRIDENT), the U.S. Drug Enforcement Administration, and the California Highway Patrol. Assistant United States Attorney David W. Spencer is prosecuting the case.

If convicted, Lopez and Olivas Lopez each face a minimum statutory penalty of 10 years and a maximum 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 defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Sacramento Area Attorney Indicted For Filing False Tax Returns

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SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Scott Norris Johnson, 57, of Carmichael, charging him with three counts of making and subscribing a false tax return, U.S. Attorney McGregor W. Scott and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division announced.

According to the indictment, Johnson owned and operated Disabled Access Prevents Injury Inc. (DAPI), a legal services corporation. First using DAPI, and later using a law firm, Johnson filed thousands of lawsuits in the Eastern District of California and elsewhere. Johnson named himself as the plaintiff in the lawsuits and made claims under the Americans with Disabilities Act of 1990, the California Disabled Persons Act, and the California Unruh Civil Rights Act.

Under the Small Business Job Protection Act of 1996, payments related to lawsuit settlements or awards are taxable unless they were paid on account of personal physical injury or physical sickness. Johnson, however, allegedly materially underreported the taxable income he received from lawsuit settlements and awards on his income tax returns for tax years 2012, 2013, and 2014. By understating his income on his tax returns, Johnson and DAPI paid little to no income tax for tax years 2012, 2013 and 2014.

This case is the product of an investigation by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Katherine T. Lydon and Trial Attorney Tim Russo of the Tax Division are prosecuting the case.

If convicted, Johnson faces a maximum statutory penalty of three years in prison and a $250,000 fine for each count. 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.

Felon Pleads Guilty To Firing Shots Outside Greece Residence

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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 Christopher Rivers, 22, pleaded guilty before U.S. District Judge David G. Larimer to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that during the early morning hours of January 25, 2019, the defendant fired a shotgun multiple times outside an apartment window at 1221 Affinity Lane in Greece, NY. 

Rivers was previously convicted of Criminal Possession of a Firearm in Orleans County Court, and is legally prohibited from possessing a firearm.

The case was brought by the U.S. 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.

The plea is the result of an investigation by the Greece Police Department, under the direction of Chief Patrick D. Phelan, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division. 

Sentencing is scheduled for July 30, 2019, at 10:00 a.m. before Judge Larimer.

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West Seneca Man Previously Convicted Of Sexually Abusing A Child Pleads Guilty To Child Pornography Charge

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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 Justin Wheeler, 27, of West Seneca, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography involving a prepubescent minor by a person having a prior conviction for aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a $250,000 fine. 

Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated that on October 31, 2017, New York State Parole conducted a search of the defendant’s bedroom pursuant to Wheeler’s New York State court ordered search conditions. The defendant was on parole for a 2013 conviction for attempted rape in the first degree, a conviction which stemmed from his sexual abuse of a 12-year-old girl. During the search, parole officers seized a Samsung cellular telephone from the defendant’s bedroom. A search warrant was executed on the phone, which was found to contain 90 images and 269 videos of child pornography. Some of the images and videos included prepubescent minors and depictions of violence.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for October 1, 2019, before Judge Vilardo.

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Ontario Woman Charged With Smuggling Two Aliens Into The United States In Lewiston

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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 Mary Ann Langridge, 63, of Toronto, Ontario, was arrested and charged by criminal complaint with aiding and abetting alien smuggling. The charge carries a minimum penalty of three years in prison, a maximum of 10 years, and a $250,000 fine. 

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, on May 21, 2019, a U.S. Border Patrol agent, after receiving a report of a suspicious vehicle operating in the area of Lewiston Landing in Lewiston, NY, located the vehicle, which was unoccupied, and began surveillance of the area. The agent spotted the defendant standing on the upper terrace area of Lewiston Landing waving toward a vessel which was on the Niagara River near the Lewiston Landing docks. There were occupants on board the vessel. As the vessel began to approach the woman on the dock, the agent began to approach the dock area along with other Border Patrol Agents. As the vessel reached the dock, it appeared that the occupants saw the agents approaching them, and pushed back onto the river and began to travel south away from Lewiston Landing.

The agents left the immediate area but continued to observe the vessel from another area where they couldn’t be seen. As the woman remained standing on the dock, the vessel returned, and without docking or tying-off the vessel, two individuals stepped off the vessel and on to the dock. The vessel then left the area, heading toward Canada.

An agent approached the woman, identified as the defendant, and the two individuals, identified as Rosa Guadelupe Lopez-Gomez and Leonardo Jimenez-De La Rosa. Lopez-Gomez and Jimenez-De La Rosa claimed to be citizens of Mexico and the Dominican Republic respectively, but did not have immigration documents which would allow them to be legally present in the United States. Langridge was placed under arrest for aiding and abetting alien smuggling. 

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on May 24, 2019.

The criminal complaint is the result of plea is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Josh Barrett.

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

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Buffalo Man Pleads Guilty To Distributing Child Pornography

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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 Atif Ullah, 30, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to distribution of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine. 

Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated that on March 6, 2018, the defendant distributed a video using his cellular telephone that he knew constituted child pornography. On August 16, 2018, law enforcement officers executed a federal search warrant at the Ullah’s residence and seized two cellular telephones, each containing images of child pornography. An examination of the telephones revealed a total of 33 images of child pornography. Eight of the images were produced by the defendant between June 22 and August 16, 2018. The minor depicted in the images was seven years old at the time of the production, and was related to the defendant.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for October 4, 2019, before Judge Vilardo.

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New Jersey Man Pleads Guilty To Passport Fraud

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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 Sukha Singh Boyal, 52, of New Jersey, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to making a false statement in a passport application. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that in 1999, the defendant was a citizen of India but an alien in the United States. Boyal wanted to travel to India but did not possess a valid Indian passport. As a result, he purchased a false United Kingdom passport under the name of “Kamal Jeet” and used that false passport to fly from Newark, New Jersey, through Frankfurt, Germany, to New Delhi, India, whereupon he was refused entry into India and returned to the United States.

In May 2007, Boyal filed an N-400 application for naturalization with the U.S. Department of Homeland Security, Citizenship and Immigration Services. During his naturalization interview, the defendant acknowledged his prior use of the “Kamal Jeet” name. The defendant naturalized on April 16, 2009.

On July 15, 2009, in Buffalo, Boyal submitted an application for a U.S. passport with the U.S. Department of State. In response to the question, “have you ever used a different name?” the defendant wrote, “none.”  Boyal signed the application, declaring under penalty of perjury that the statements he made on the application were true and correct.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Diplomatic Security Service, U.S. Department of State, under the direction of Special Agent-in-Charge Kenneth M. Haynes.

Sentencing is scheduled for August 15, 2019, at 3pm before Judge Geraci.

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Rochester Woman Going to Jail For Beating A Woman Who Testified Against Her Brother In Sex Trafficking Trial

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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 Shykeila Russell, 30, of Rochester, NY, who was convicted of witness intimidation, was sentenced to serve 12 months and a day in prison by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that in September 2017, an individual identified as L.T., testified in a federal jury trial against the defendant’s brother Stephen Jones.  Jones was subsequently convicted of sex trafficking and sentenced to serve 25 years in prison.

On July 27, 2018, Russell physically assaulted L.T. as retaliation for L.T.’s testimony during the federal jury trial. The defendant observed L.T. walking down the street with a small child. Russell approached and stated, “my brother is doing 25 years and you think you can just walk around like nothing happened.” The defendant then punched L.T. repeatedly in the head, causing bruising and pain.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.

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Illegal Alien Sentenced On Gun Possession Charge

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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 Gregorio Salinas-Guzman, a native of Mexico living in Lyndonville, NY, who was convicted of being alien in possession of a firearm, was sentenced to serve 30 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that the defendant is a native and citizen of Mexico with no lawful status in the United States. On March 15, 2018, the defendant was arrested following the execution of a search warrant at his residence on Alps Road in Lyndonville. Inside the residence, the Orleans County Major Felony Crime Task Force, assisted by Immigration and Customs Enforcement, recovered two 20 gauge shotguns; a rifle; a .22 caliber revolver; 207 rounds of ammunition; shotgun slugs; and 15 rounds of shotgun shells. Investigators also recovered a counterfeit Social Security card and a fraudulent Permanent Resident Card in the defendant’s name. 

The sentencing is the result of plea is the result of an investigation by the Orleans County Major Felony Crime Task Force, under the direction of Sheriff Randy Bower, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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Conewango Man Sentenced For His Role in Debt Restructuring Scheme

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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 Mark Farnham, 26, of Conewango Valley, NY, who was convicted of conspiracy to commit bank fraud, was sentenced to time served (nine months) and five years supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Stephanie Lamarque, Wei Xiang, and Mary Clare Kane, who handled the case, stated that between February 2016 and October 2016, the defendant worked with co-defendants Sergiy Bezrukov, Dustin Walker, and Vanessa Cardona at companies with various names such as “Corporate Restructure” and “Salamanca Payroll Services.” Farnham was a manager for Corporate Restructure, Inc., which operated out of office space in Salamanca, NY, and Buffalo, NY.

Farnham, Bezrukov, Walker, and Cardona, along with others, used a number of fraudulent companies to mail solicitations to small business owners (victims) which fraudulently informed the victims that one or more of the fraudulent companies could assist the victims with restructuring debts they had with other lenders.

From the summer of 2016 until October 27, 2016, the defendant: opened multiple bank accounts at a number of banks, including Citizens Bank, Bank of America, Northwest Savings Bank and First Niagara Bank; made daily deposits into the bank accounts opened at the aforementioned banks; made daily withdrawals from the bank accounts at the aforementioned banks; obtained a bulk mailing permit and opened post office boxes which were used to receive victims mail and to use as the return addresses on solicitation letters; and took calls from victims who were upset and had questions about their “loan restructure.”

When talking with victims over the telephone, Farnham used aliases and provided the victims with information that was not true or accurate about the status of the purported loan restructure. Farnham continued to deposit victims’ monies into the account of shell companies that never provided any services, and withdrew the deposited money from those accounts.       
Bezrukov, Walker, and Cardona were all previously convicted and are awaiting sentencing.

Today’s sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Internal Revenue Service, Criminal Investigations Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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Eight Charged with Trafficking Marijuana from Colorado to Oklahoma

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OKLAHOMA CITY – Eight people have been charged in a conspiracy to distribute more than 100 kilograms of marijuana by transporting it from Colorado Springs to Oklahoma, announced First Assistant U.S. Attorney Robert J. Troester.  TOMMY SAVANH NAMMIXAY, 40, CHRISTOPHER BLAND BYRNE, 40, ANDREW CORY EAVES, SR., 47, TERRY DON BROWNE, 34, LAWRENCE JOSEPH HARDEN, 33, RALPH ARTHUR GOLDEN, 59, Johnnie Wilmire Vinavong, 41, and ILIANA MACIAS, 29, are named in a criminal complaint filed on May 13, 2019.

According to an affidavit in support of the complaint, investigation began in September 2016, when the Norman Police Department conducted controlled purchases of marijuana and cocaine and discovered a potential distribution network linked to Nammixay.  The affidavit indicates that a long-term Drug Enforcement Administration investigation revealed Nammixay was the leader of a drug-trafficking organization that moved large amounts of high-grade marijuana from Colorado Springs to Oklahoma City, where it was re-distributed throughout Oklahoma.  In late 2017, using court-approved GPS location monitoring and physical surveillance, DEA investigators are alleged to have learned that Nammixay made numerous trips to and from Colorado Springs in which he drove a "lead" vehicle and a conspirator drove a "load" vehicle with large quantities of marijuana.  When Nammixay and his colleagues arrived in Oklahoma City, they allegedly stored the marijuana in various “stash houses” under Nammixay’s control.

According to the affidavit, the conspiracy included at least 49 trips to and from Colorado Springs.  It is alleged that law enforcement seized a total of 278.35 pounds of marijuana in the course of six traffic stops during the investigation.

Nammixay was arrested in the early morning hours of May 20, 2019.  Today, after an evidentiary hearing that showed the presence of more than 40 weapons, U.S. Magistrate Judge Bernard M. Jones determined that Nammixay is a risk of flight as well as a danger to community and ordered him detained pending further proceedings.

If found guilty of conspiring to possess 100 kilograms or more of marijuana, each defendant faces a maximum potential penalty of 40 years in prison and a fine of up to $5,000,000.  This crime carries a mandatory minimum sentence of five years in prison.  Each defendant would also be required to serve a term of supervised release of at least four years and up to life.

This case is a result of an investigation by the Drug Enforcement Administration, with assistance from the Norman Police Department, Homeland Security Investigations, Internal Revenue Service—Criminal Investigations, and the Oklahoma Highway Patrol.  Assistant U.S. Attorneys Tom Snyder and David Petermann are prosecuting the case.

The public is reminded that this charge is merely an allegation and that each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public filings for more information.

Charleston Man Sentenced on Federal Firearms Charge and Violating Terms of His Supervised Release

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CHARLESTON, W.Va. – A Charleston man was sentenced on federal firearms charge, said United States Attorney Mike Stuart.  Michael D. Williams, 50, was sentenced to 72 months in prison for being a felon in possession of a firearm and violating the terms of his supervised release.  The investigation was conducted by the Charleston Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Williams previously pled guilty to being a felon in possession of a firearm.  On October 13, 2018, Williams got in an altercation at the Transit Mall in downtown Charleston and pulled a firearm on an individual.  An officer from the Charleston Police Department witnessed the altercation and arrested Williams.  Williams was on supervised release for a prior federal conviction for conspiracy to commit arson. 

 

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence.  Assistant United States Attorney Steve Loew handled the prosecution.

 

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.

 

 

 

Follow us on Twitter:@SDWVNewsand@USAttyStuart 
 

 
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Jackson County Man Sentenced to Federal Prison for Child Pornography Crime

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CHARLESTON, W.Va. – A Jackson County man was sentenced to eight years in federal prison for a child pornography crime, announced United States Attorney Mike Stuart. Connor Anthony Putillion, 23, of Ripley, previously entered his guilty plea in January 2019 to one count of attempted receipt of child pornography.  Stuart commended the investigation conducted by the Jackson County Sheriff’s Department.

“These are horrendous crimes,” said United States Attorney Mike Stuart.  “Guys like Putillion that prey on innocent children need to be locked up.”

Putillion admitted to asking a 13-year-old minor to send him sexually explicit photographs via Snapchat, although the minor never complied with his repeated requests.  Putillion admitted that he had previously driven the same 13-year-old minor from West Virginia to Virginia, where he groped her genital area over her clothing. Putillion had at least one other video of suspected child pornography on this cell phone.

Following his release from prison, Putillion will spend 25 years on federal supervised release.  He will also be required to register as a sex offender.

Assistant United States Attorneys Jennifer Rada Herrald and Emily Wasserman handled the prosecution. United States District Judge Joseph R. Goodwin handed down today’s sentence.

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

 

Follow us on Twitter: @SDWVNewsand @USAttyStuart 
 

 
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Charleston Man Pleads Guilty to Federal Drug and Gun Charges

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CHARLESTON, W.Va. – A Charleston man pled guilty to a federal drug and firearm charges, announced United States Attorney Mike Stuart.  Randall Lee Patton, 26, pled guilty to aiding and abetting the distribution of methamphetamine and possession of a firearm by a felon before Senior United States District Judge John T. Copenhaver, Jr.  Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT), Nitro Police Department, Charleston Police Department, South Charleston Police Department, Kanawha County Sheriff’s Department, and the Drug Enforcement Administration (DEA).

“These cases just keep coming – felons with guns dealing drugs,” said United States Attorney Mike Stuart.  “And we just keep prosecuting them to keep our communities safe.”

At public court hearings, it was established that on August 2, 2018, Christian Ryan Bowles brought over a pound of pure methamphetamine to Patton’s house on Garrison Avenue in Charleston.  Bowles supplied Patton with 34 grams of Bowles’ methamphetamine.  Patton then had his neighbor, George Ray Breckenridge, transport the 34 grams of methamphetamine to a confidential police informant in Dunbar, West Virginia.

Further, on January 12, 2019, police investigators executed a search warrant at an apartment where Patton was staying on South Pinch Road in Pinch, West Virginia.  The investigators found Patton exiting his room where a Kel-Tech pistol was lying on the nightstand.  Patton was prohibited from possessing firearms because of his prior felony conviction for unlawful wounding.  Patton was arrested and searched incident to arrest, and investigators found he was carrying over 4 grams of methamphetamine for resale.

Patton faces up to 50 years in federal prison when he is sentenced on August 21, 2019.  Assistant United States Attorney Drew O. Inman is handling the prosecution.

This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.

 

Follow us on Twitter:SDWVNews  

 

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Statement by United States Attorney Robert J. Higdon, Jr. on the Confirmation of Michael East as United States Marshal

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RALEIGH– Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina comments on the confirmation of Michael East to serve as United States Marshal for the Eastern District of North Carolina.

“Today the United States Senate has confirmed President Trump’s nomination of Michael East to serve as United States Marshal for the Eastern District of North Carolina.  I can think of no one better to take up this important position.

Mike East served the people of this State as an agent of the North Carolina State Bureau of Investigation for 28 years.  There he worked as a member of the Child Fatality Task Force Prevention Team, the Crisis Negotiation Team and as Special Agent in Charge of the Financial Crimes Unit.  He led investigations focused on public corruption, violent crime, drug crimes, economic crimes and many others.  More recently he has served in my office as our first Forensic Investigator in the Organize Crime Drug Enforcement Task Force where he has focused on the financial side of drug trafficking investigations.  He has, likewise, played a key investigative role in our ability to prosecute heroin and opioid overdose death cases.  Mike has also provided critical training and assistance to law enforcement all across the State of North Carolina, around the United States and overseas.

Mike is well-suited to lead the men and women of the United States Marshals Service here in the Eastern District.  The Marshals Service provides critical investigation services in a range of cases, secures our courthouses and other federal facilities, supports federal and state prosecutions through warrant enforcement, and plays a key role in the seizure, forfeiture and disposal of property used by defendants to facilitate their criminal activity or property which is the proceeds of that activity.

Mike East will be an outstanding United States Marshal.  President Trump has made an outstanding choice and I look forward to working side-by-side with Marshal East and the Marshals Service he will now lead.”

Private Charter Aviation Broker Arrested For Wire Fraud And Aggravated Identity Theft

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced the arrest of TOMER OSOVITZKI, a/k/a “Tom Osovitzki,” for wire fraud and aggravated identity theft.  OSOVITZKI was arrested earlier today in Aventura, Florida, and was presented in the Southern District of Florida.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Tomer Osovitzki manipulated the approval system for credit cards to push charges through that he knew were unauthorized and would have been declined.  Additionally, Osovitzki allegedly used his clients’ credit card account information to make unapproved charges.  Now, Osovitzki and his company are grounded and he must answer for his crimes.”

FBI Assistant Director William F. Sweeney Jr. said:  “The FBI works each day trying to thwart these types of complex financial crimes.  There were victims harmed by Osovitzki’s alleged scheme, since he used his clients’ credit cards to pay for flights they didn’t purchase.  Fraudsters seem to forget there is a paper trail when it comes to financial transactions and they will eventually get caught.”

NYPD Commissioner James P. O’Neill said:  “These charges reflect how eager criminals are to exploit a victim’s personal information and profit through fraud.  I commend the NYPD detectives, FBI agents, and prosecutors of the US Attorney’s Office for the Southern District for their efforts and cooperation in this investigation into wire fraud and aggravated identity theft.  Together, we will continue to be relentless in fighting crime that impacts the people we serve wherever, and however, it occurs.”

According to the allegations in the Complaint unsealed today[1]:

OSOVITZKI was the founder and president of a company that was in the business of brokering airline and private charter flights (“Osovitzki’s Company”).  OSOVITZKI perpetrated a scheme to defraud aircraft charter companies and other merchants, a credit card company (the “Credit Card Company”), and credit card payment processors of more than $2.1 million by, among other things, inducing or causing aircraft charter companies, other merchants, the Credit Card Company and credit card payment processors to process credit card transactions under the false pretense that they had been approved by the Credit Card Company.    

From March 2017 through March 2018, OSOVITZKI and agents of Osovitzki’s Company repeatedly used credit cards issued by the Credit Card Company to OSOVITZKI, his wife, and his mother, as payment for aircraft charter flights and other goods and services.  These transactions were or would have been declined by the Credit Card Company had they been processed normally through a credit card point-of-sale device, because the cards had been cancelled by the Credit Card Company, or because the accounts did not have sufficient available credit.  OSOVITZKI and agents of Osovitzki’s Company provided fraudulent authorization codes to the merchants in order to dupe them into processing “force-post” transactions.  OSOVITZKI told the merchants that he had obtained these authorization codes from the Credit Card Company.  This was not true.  However, based on these false representations, merchants conducted “force-post” transactions.  Because the authorization codes had not in fact been provided by the Credit Card Company, the transactions were later declined.

Osovitzki’s Company also used credit card account numbers belonging to its customers to pay for more than $1.3 million of charter flights those customers had not requested, authorized, or utilized, including at least one flight for which OSOVITZKI was a listed passenger.  

*                *                *

OSOVITZKI, 42, of Aventura, Florida, has been charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison, and one count of aggravated identity theft, which carries a mandatory minimum consecutive sentence of two 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 OSOVITZKI will be determined by a judge.

If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact the Victim/Witness Unit at the U.S. Attorney’s Office for the Southern District of New York at (866) 874-8900.  For additional information, go to: http://www.usdoj.gov/usao/nys/victimwitness.html

Mr. Berman praised the investigative work of the FBI and the NYPD.

This case is being prosecuted by the Office’s General Crimes Division.  Assistant U.S. Attorney Jeffrey C. Coffman is in charge of the prosecution.          

The charges in the Complaint are merely accusations, and OSOVITZKI is presumed innocent unless and until proven guilty.

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

3 Charged In Million-Dollar Elder Fraud Scheme

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Gregory W. Ehrie, Special Agent-in-Charge of the Newark Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of a criminal Complaint in Manhattan federal court charging GUNJIT MALHOTRA, GURJEET SINGH, and JAS PAL with participating in a conspiracy that for several years exploited elderly victims by remotely accessing their computers and convincing victims to pay for computer support services they did not need, and which were never actually provided.  The conspiracy netted at least $1.3 million for the conspirators.  MALHOTRA and PAL were arrested yesterday and were presented before Magistrate Judge Debra Freeman.  SINGH was arrested yesterday in St. Louis, Missouri, and will be presented before a magistrate judge today.

U.S. Attorney Geoffrey S. Berman said:  “As alleged, these defendants devised a sophisticated scheme that involved accessing victims’ computers to charge them for unnecessary repairs or repair services they never performed.  By targeting the elderly, the defendants took advantage of some of our society’s must vulnerable members, and they now face criminal consequences for their alleged predatory conduct.”

FBI Special Agent-in-Charge Gregory W. Ehrie said:  “The scheme charged is the latest scam to victimize unsuspecting people who are just looking for assistance.  The FBI is constantly on the lookout for criminals posing as legitimate businesses but we want the public to be more aware, as well.  Make sure you are calling a reputable company at the number listed on their website, not through a random pop-up on the computer or from a robo-call left on your voicemail.  And, above all, report anything suspicious to law enforcement.”

According to the allegations in the Complaint unsealed today in Manhattan federal court[1]

MALHOTRA, SINGH, PAL, and others engaged in a scheme in which they and their co-conspirators purported to provide computer repair services to victims located throughout the United States, many of whom are elderly.  The defendants and their co-conspirators provided their victims’ false and misleading information to extract payment for computer repair services.  For example, the defendants and their co-conspirators:  (i) claimed to be associated with major technology software companies when, in fact, they were not; (ii) promised to provide computer services when none were provided; and (iii) represented that computer repair services were needed when they knew that was false.  As part of their scheme, the defendants and their co-conspirators accessed their victims’ computers and caused them to freeze or, in other instances, installed software on their victims’ computers and caused their victims’ email accounts to send emails that thanked the perpetrators for providing computer services.  In connection with the scheme, the defendants and others established several companies.  The victims typically sent payments to those companies via private and commercial interstate mail carrier, among other methods.  In total, the defendants and their co-conspirators have obtained from their victims more than $1.3 million.

*                *                *

MALHOTRA, 30, of Ghaziabad, India, SINGH, 22 of Queens, New York, and PAL, 54, of Queens, New York, have each been charged with one count of conspiracy to commit mail fraud, which carries a maximum sentence of 20 years in prison, and one count of conspiracy to access a protected computer in furtherance of fraud, which carries a maximum sentence of five years in prison.  SINGH was also charged with aggravated identity theft, which carries a mandatory minimum sentence of two years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the FBI in this investigation.

This case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorney Ryan B. Finkel is in charge of the prosecution.

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

 

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

Southern Oregon Man Sentenced to 46 Months in Federal Prison for Interstate Trafficking of Marijuana

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PORTLAND, Ore.—Daniel Stewart Gregg, 67, of Ashland, Oregon, was sentenced today to 46 months in federal prison and two years’ supervised release for engaging in a conspiracy to traffic Oregon-grown marijuana across state lines.

According to court documents, in 2015, Illinois law enforcement seized a 354-pound load of marijuana originating in Southern Oregon, valued at approximately $885,000. Following the seizure, investigators seized more than $153,000 from the courier’s residence in North Carolina. Further investigation revealed that Gregg had coordinated this shipment and other later out-of-state shipments of marijuana.

On June 8, 2018, Gregg waived indictment and pleaded guilty to a single count of conspiring to distribute a controlled substance.

Gregg has a long history with controlled substances. He was convicted of marijuana possession in 1970 and 1975, of distributing a hallucinogen in 2004 for which he served 15 months in federal prison and of selling marijuana in 2012.

This case was investigated by the U.S. Drug Enforcement Administration (DEA) and prosecuted by Julia E. Jarrett and Steven T. Mygrant, Assistant U.S. Attorneys for the District of Oregon.

This case was brought as part of the Justice Department’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the department’s strategy for reducing the availability of drugs in the U.S. OCDETF was established in 1982 to mount a comprehensive attack on drug trafficking by disrupting and dismantling major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in coordination with state and local law enforcement.

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