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Illegal Alien Sentenced To Five Years In Federal Prison For Unlawfully Re-Entering The United States

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Ocala, Florida – Senior U.S. District Judge James D. Whittemore today sentenced Juan Paulin-Leon (36, Mexico) to five years in federal prison for illegal re-entry into the United States by a previously deported alien. Paulin-Leon had pleaded guilty on March 6, 2019.

According to evidence presented in court, on January 27, 2019, the Marion County Sheriff’s Office arrested Paulin-Leon on a state criminal charge of operating a motor vehicle without a valid license. Following his arrest, the jail’s booking system automatically forwarded Paulin-Leon’s personal identifying information to officials with U.S. Immigration and Customs Enforcement (ICE), who confirmed through fingerprints and photographs that Paulin-Leon was illegally present in the United States from Mexico.

Paulin-Leon had previously been deported from the United States on two occasions—February 11, 2005 and January 4, 2013. He also had prior felony convictions for burglary (2001) and trafficking in drugs (2011).

This case was investigated by Enforcement and Removal Operations (Orlando), a component of ICE, and the Marion County Sheriff’s Office.  It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.


Roanoke Rapids Man Sentenced to More than 16 Years for Convenience Store Robbery

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RALEIGH– United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced KEVIN EARL ELROD, 28, of Roanoke Rapids, North Carolina to 197 months imprisonment, followed by 5 years of supervised release.

ELROD was named in an Indictment filed on July 18, 2018 charging him with Robbery of a Business Engaged in Interstate Commerce and Brandishing and Discharging a Firearm in Furtherance of that Crime of Violence.  On March 13, 2019, ELROD pled guilty to those charges. 

On February 8, 2018, ELROD and a male juvenile entered the New Dixie Mini Mart in Roanoke Rapids.  ELROD had a revolver in his hand.  Both men had their faces covered.  ELROD immediately discharged the weapon into the ceiling of the store and demanded money from the clerk.  There were two customers in the store at the time of the robbery and ELROD forced them to lay on the ground.  ELROD forced the clerk to the cash register and he and the juvenile stole approximately $250.  The juvenile was apprehended the following day and implicated ELROD in the robbery.  A search warrant was executed on ELROD’s home where law enforcement found clothing that was used during the course of the robbery.  ELROD was apprehended a week after the robbery.

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. https://www.justice.gov/usao-ednc/tbnc

The investigation of this case was conducted by the Roanoke Rapids Police Department as well as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  The case was prosecuted by Assistant United States Attorney Charity Wilson.

Four Assistant United States Attorneys, One Paralegal and Three Law Enforcement Partners Recognized by Deputy Attorney General for Their Work on EDNY Cases

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WASHINGTON – Four Assistant United States Attorneys (AUSAs) from the Eastern District of New York (EDNY), one paralegal, and three law enforcement partners were among those recognized by Deputy Attorney General Jeffrey Rosen and Director James Crowell, IV, of the Executive Office for U.S. Attorneys (EOUSA), at the 35th Director’s Awards Ceremony today in Washington D.C.  The EDNY was one of 31 districts represented at the ceremony, which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.

Deputy Attorney General Rosen told the awardees, “Today’s honorees have earned the esteem of their colleagues.  But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded.”
        
EOUSA Director Crowell said, “The Department of Justice is in truth a deployed force.  Your work isn’t easy, but it is vital to the functioning and enduring nature of our democracy.  As federal prosecutors, we are held to a higher standard, a standard that requires us to ensure that we uphold the rule of law and the fundamental rules of fairness in every trial, every settlement, every plea, and every legal argument in which we are involved.”

Immigration Litigation

AUSA Joseph A. Marutollo was recognized for his exemplary performance in leading the district’s demanding civil immigration practice.  Since his appointment as Chief of Immigration Litigation in May 2017, AUSA Marutollo has exhibited exceptional dedication in overseeing more than 800 affirmative and defensive immigration cases and in managing a host of putative class-actions in cases of national significance.  He has demonstrated remarkable initiative in taking on key roles in defending challenges to national immigration policies, including high-profile actions seeking to enjoin the rescission of the Deferred Action for Childhood Arrivals, the termination of Temporary Protected Status designations and the use of immigration detainers.  Additionally, AUSA Marutollo has creatively and successfully defended the government in a variety of cases at trial and on appeal, and Second Circuit and District Court judges have recognized his advocacy skills.  AUSA Marutollo serves as a model of excellence in the handling of the district’s important immigration litigation.

U.S. v. al­Farekh

AUSAs Richard Tucker, Douglas Pravda and Saritha Komatireddy, Counterterrorism Section Trial Attorney Alicia Cook, Paralegal Specialist Wayne Colon, Federal Bureau of Investigation Acting Supervisory Special Agent Shawn Dolinar and New York City Police Department Detective John Darino were recognized for their outstanding performance in the prosecution and conviction of Muhanad al­Farekh.  al-Farekh, a U.S. citizen who left college and traveled to the Federally Administered Tribal Areas of Pakistan, participated in a vehicle-borne improvised explosive device attack against a U.S. military base in Khost, Afghanistan, in 2009, and eventually ascended to a leadership role in al­Qaeda’s external operations group.  The investigation took the team around the globe to locales such as Afghanistan and Morocco.  They deposed an al-Qaeda facilitator in a Middle Eastern country under grueling conditions to secure critical testimony.  They introduced battlefield forensic evidence and computer media acquired in Afghanistan under highly sensitive circumstances.  The team also successfully litigated a variety of unprecedented and classified issues.  Their victory after a three-week trial in September 2017 resulted in a 45-year prison sentence imposed in March 2018.

EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country.  For more information on EOUSA and its mission, visit http://www.justice.gov/usao.  For more information about the United States Attorney’s Office for the Eastern District of New York, visit www.justice.gov/usao/nye.

 

Dansville Man Sentenced For His Role In Meth Ring

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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 Kenneth Hoag, 57, of Dansville, NY, who was convicted of possession with intent to distribute five grams or more of methamphetamine, was sentenced by U.S. District Judge David G. Larimer to serve 12 months in prison. The defendant was also ordered sell the property known as the Bone Yard, in Dansville, NY, which Hoag used and maintained for the purpose of distributing methamphetamine. Proceeds of the sale of the property totaling $108,438.78 was forfeited to the Government.  

Assistant U.S. Attorneys Katelyn M. Hartford Grace M. Carducci, who handled the case, stated that on April 7, 2017, the defendant sold methamphetamine to an individual at The Bone Yard, located on State Highway 36 in Dansville. Additionally, on April 21, 2017, Hoag possessed in his tool chest a quantity of methamphetamine.

Hoag is one of seven defendants charged and convicted in this case.

Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Livingston County Sheriff’s Department, under the direction of Sheriff Thomas Dougherty; and the New York State Police, under the direction of Major Eric Laughton.  

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United States Attorney Mike Stuart Issues Statement in Recognition of West Virginia Day

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CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement in recognition of West Virginia Day:

“On June 20, 1863, the greatest state in the greatest nation on earth was born out of struggle as a beacon to freedom and individual liberty. We have certainly struggled at times along our path but West Virginia remains a tremendous beacon for freedom and liberty with amazing economic potential today.

HAPPY BIRTHDAY TO OUR BELOVED WEST VIRGINIA!  A great history with only brighter, bigger, bolder days ahead. Our mantra must be: Bold in vision; Bold in purpose. We must compete and we must compete to win. Greatness is at our doorstep if we choose to embrace it.  Our brightest days are surely ahead.

I’m always proud to be a West Virginian in these mountains, along these ‘Country Roads’, among our great people.  

Take time today to appreciate our blessings and our opportunities on this special day.

HAPPY BIRTHDAY WEST VIRGINIA!”

 

Follow us on Twitter:SDWVNews  
 

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Two More Ripley Employees Indicted for Misconduct, Negligence Resulting in 17 Deaths at Table Rock Lake

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SPRINGFIELD, Mo. – Two more employees of Ripley Entertainment, Inc. – the company that operated duck boat rides in Branson, Missouri – along with the captain of the duck boat that sank at Table Rock Lake last summer, resulting in the deaths of 17 people, have been indicted by a federal grand jury.

Curtis P. Lanham, 36, of Galena, Missouri, and Charles V. Baltzell, 76, of Kirbyville, Missouri, were charged in a 47-count superseding indictment returned under seal by a federal grand jury in Springfield on Thursday, June 13. The superseding indictment, which was unsealed and made public today following the initial court appearances of Lanham and Baltzell, contains the original charges against Kenneth Scott McKee, 51, of Verona, Missouri. It replaces the federal indictment returned on Nov. 8, 2018, and includes additional charges and defendants.

Ripley Entertainment, an Orlando, Florida, corporation, owned, operated, and conducted business as “Ride the Ducks Branson” from Dec. 1, 2017, to July 20, 2018. The company managed and operated “duck boat” tours in Taney and Stone counties, and was the owner and operator of the duck boat Stretch Duck 7.

McKee was employed by Ripley as the captain of Stretch Duck 7. He had been employed as a duck boat captain for approximately 18 years.

Lanham was employed by Ripley as the general manager at Ride the Ducks Branson. Lanham was responsible for the overall day-to-day management of the operations and duck boats, including Stretch Duck 7. Lanham’s duties also included setting policies and procedures for the operations and overseeing the training of employees. As general manager, Lanham held managerial authority over the entire staff of Ride the Ducks Branson. In July 2018, Lanham reported directly to Ripley’s president.

Baltzell was employed by Ripley as the operations supervisor at Ride the Ducks Branson and was acting as a manager on duty. Baltzell was responsible for ensuring the duck boat tours ran in sequence and acted as a dispatcher through the use of radio and other communications methods while the duck boat tours were ongoing. Baltzell’s duties also included monitoring the weather and communicating with ongoing duck boat tours regarding the weather.

A detailed account of the fatal events that occurred on July 19, 2018, is contained in the indictment.

The superseding indictment contains the original charges against McKee of misconduct and negligence by a vessel captain, resulting in the death of another person. Baltzell is added to each of those felony counts – one count for each of the 17 passengers (including one crew member) who died when Stretch Duck 7 sank – as an aider and abettor of misconduct and neglect by a vessel captain.

Lanham is charged with 17 felony counts of misconduct and neglect by an executive officer of the corporate charterer/owner – one count for each of the 17 passengers (including one crew member) who died when Stretch Duck 7 sank. (The indictment includes an alternative theory of liability in relation to Lanham’s status, which alleges that he aided and abetted McKee’s misconduct, negligence, and inattention to duty.)

McKee, Baltzell, and Lanham also are charged in 13 misdemeanor counts – one count for each of the 13 passengers who survived the sinking of Stretch Duck 7 – with operating a vessel in a grossly negligent manner that wantonly and recklessly disregarded and endangered the life, limb, and property of persons on board Stretch Duck 7; or with aiding and abetting the operation of a vessel in such a grossly negligent manner.

Charges Against McKee

The federal indictment alleges that McKee committed a number of acts of misconduct, negligence, and inattention to his duties while piloting Stretch Duck 7 both before and during severe weather conditions.

McKee allegedly failed to properly assess incoming weather prior to entering the vessel on the water. At the time McKee drove the vessel into the water, according to the indictment, there was lightning in the area and severe weather approaching. The indictment also alleges that McKee failed to properly assess the nature of the severe weather while the vessel was on the water.

McKee allegedly operated Stretch Duck 7 in violation of the conditions and limitations specified in the vessels’ certificate of inspection. When severe weather (including increased wind speed) arrived at the vessel’s location, the indictment says, McKee failed to instruct passengers to don personal floatation devices. He allegedly also failed to immediately increase speed and head to the nearest shore. He allegedly caused or allowed the vessel’s plastic side curtains to be lowered, which created a barrier over the vessel’s emergency exits in the event of a need to abandon ship. At no point prior to the sinking of Stretch Duck 7, says the indictment, did McKee prepare to, or order the passengers to, abandon ship.

The first time the vessel’s bilge alarm sounded, the indictment says, McKee failed to raise the side curtains, failed to instruct passengers to don personal floatation devices, and failed to prepare to abandon ship. McKee also attempted to make two calls to the Ride the Ducks Branson facility using the onboard radio, but received no response.

The second time the vessel’s bilge alarm sounded, the indictment says, McKee again failed to raise the side curtains, failed to instruct passengers to don personal floatation devices, and failed to prepare to abandon ship. McKee allegedly failed to prepare to abandon ship when there was an unacceptable loss of freeboard on the vessel as well. (Freeboard refers to the distance from the waterline to the upper deck level; a loss of freeboard is when waves are overtopping the freeboard, thus causing the ship to fill with water.)

Charges Against Baltzell

According to the indictment, Baltzell directed and allowed McKee to operate Stretch Duck 7 in violation of the conditions and limitations specified in the vessel’s Coast Guard-issued certificate of inspection, and failed to adequately supervise the operation of the tour of Stretch Duck 7 on July 19, 2018.

Baltzell allegedly failed to properly monitor and  assess incoming weather prior to McKee entering the vessel on the water. Baltzell allegedly directed McKee to enter the vessel on the water when there was severe weather and lightning in the area. Baltzell allegedly failed to communicate to McKee the nature of the severe weather prior to its arrival and when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water. Baltzell allegedly failed to monitor radio communications from employees when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water.

The indictment alleges that these acts of misconduct, negligence, and inattention to duty by McKee and Baltzell separately and collectively caused the lives of 17 persons on board Stretch Duck 7 to be lost.

Charges Against Lanham

    According to the indictment, while actually charged with the control and management of the operation, equipment, and navigation of Stretch Duck 7, and while acting as an executive officer of Ripley Entertainment, Lanham knowingly and willfully caused and allowed McKee, Baltzell, and others to engage in neglect, misconduct, and violation of law.

    Lanham allegedly neglected to establish training requirements related to the monitoring of weather in the Branson area, including adequate training on the use and capabilities of a weather monitoring service utilized by Ride the Ducks Branson. Lanham allegedly neglected to establish and enforce policies and procedures related to the monitoring of weather – including when severe weather existed – in association with the management and operation of daily duck boat tours. Lanham allegedly neglected to establish and enforce policies and procedures related to the communication of weather information to duck boat captains and drivers conducting duck boat tours when severe weather existed in or approached the Branson area.

The indictment also alleges that Lanham created a work atmosphere on Stretch Duck 7 and other duck boats where the concern for profit overshadowed the concern for safety.

Lanham allegedly neglected to require adequate staffing of employees while duck boat tours were ongoing. Lanham allegedly negligently allowed, created, and connived with other persons to create a work atmosphere through which those responsible for monitoring the weather during duck boat tours were charged with other tasks that distracted them from monitoring the weather and impeded their ability to monitor radio communications. Lanham allegedly negligently created and connived with other persons to create a confusing work atmosphere on Stretch Duck 7 and other duck boats related to the monitoring of, and the response to, severe weather, through which there existed inappropriate concern for the weather. 

The indictment also alleges that Lanham neglected to adequately supervise the management, operation, and conduct of the tour of Stretch Duck 7 on July 19, 2018.

Lanham allegedly neglected to properly assess incoming weather and negligently allowed McKee to enter the vessel on the water when there was lightning and severe weather approaching the area.

Lanham allegedly neglected to properly assess the nature of the severe weather when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water, and to communicate with McKee regarding the nature of the severe weather prior to its arrival and when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water.

Lanham allegedly neglected to require that Stretch Duck 7 be operated in compliance with the provisions of the Coast Guard certificate of inspection and negligently allowed McKee to operate, pilot, and navigate Stretch Duck 7 in violation of the conditions and limitations specified in the certificate of inspection, which was a violation of law.

The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

This case is being prosecuted by Supervisory Assistant U.S. Attorney Randall D. Eggert and Assistant U.S. Attorney Casey Clark. It was investigated by the U.S. Coast Guard Investigative Service, the Missouri State Highway Patrol, the Stone County, Mo., Sheriff’s Department, the Taney County, Mo., Sheriff’s Department, the Branson, Mo., Police Department, the Missouri Attorney General’s Office, the Stone County, Mo., Prosecutor’s Office, and the Taney County, Mo., Prosecutor’s Office.

Former Massachusetts State Trooper Sentenced in Overtime Abuse Investigation

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BOSTON – A former Massachusetts State Police Trooper was sentenced today in connection with the ongoing investigation of overtime abuse at the Massachusetts State Police (MSP).

Gary Herman, 45, of Chester, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to one day in prison (deemed served), one year of supervised release with the first three months to be served in home confinement and restitution in the amount of $12,468. In October 2018, Herman pleaded guilty to one count of embezzlement from an agency receiving federal funds. 

Herman was an MSP Trooper assigned to Troop E, which was responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90. In 2016, Herman earned $227,826, which included approximately $63,053 in overtime pay. 

Herman was paid for overtime shifts that he did not work at all or from which he left early. Herman concealed his abuse by submitting fraudulent citations designed to create the appearance that he had worked overtime hours that he had not, and falsely claimed in MSP paperwork and payroll entries that he had worked the entirety of his overtime shifts. On multiple occasions Herman fabricated bogus citations, copying driver information from citations that he had issued months earlier, in order to be paid for overtime that he did not work at all. In 2016, Herman collected $12,468 for overtime that he did not work.              

The overtime in question involved the Accident and Injury Reduction Effort program (AIRE) and the “X-Team” initiative, which were intended to reduce accidents, crashes, and injuries on I-90 through an enhanced presence of MSP Troopers who were to target vehicles traveling at excessive speeds. 

In 2016, MSP received annual benefits from the U.S. Department of Transportation in excess of $10,000, which were funded pursuant to numerous federal grants.

Herman is the sixth trooper to be sentenced. In June 2019, retired Lieutenant David Wilson was sentenced to one day (deemed served), two years of supervised release with the first six months to be served in home detention, and restitution of $12,450; suspended Trooper Heath McAuliffe was sentenced to one day (deemed served), one year of supervised release with the first six months to be served in home detention, a fine of $4,000, and restitution of $7,860. In May 2019, suspended Trooper Kevin Sweeney was sentenced to two months in prison, one year of supervised release with the first three months to be served in home detention, a fine of $4,000, and restitution of $11,103. In March 2019, former Trooper Gregory Raftery was sentenced to 90 days in prison, one year of supervised release, and restitution of $51,377.  Suspended Trooper Eric Chin was sentenced to one day in prison (deemed served), one year of supervised release with three months to be served in home detention, and restitution of $7,125. Retired Troopers Daren DeJong and Paul Cesan have pleaded guilty and are awaiting sentencing.  

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General, made the announcement today. Assistant U.S. Attorneys Dustin Chao and Mark Grady of Lelling’s Public Corruption Unit prosecuted the case.

Eight People Who Worked Together to Distribute Ice Methamphetamine in Dubuque Sentenced to Federal Prison

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Eight people who, among other crimes, conspired to sell over three kilograms of ice methamphetamine in the Dubuque area have been sentenced cumulatively to more than 97 years in federal prison. 

Keith Richard Ellis, age 36, from Dubuque, Iowa, was sentenced to 160 months’ imprisonment and 8 years’ supervised release following his May 25, 2018 guilty plea to conspiring to distribute methamphetamine. 

Joshua Allen Carter, age 33, from Tucson, Arizona, was sentenced to 124 month’s imprisonment and 5 years’ supervised release following his May 21, 2018 guilty plea to conspiring to distribute methamphetamine. 

Michael Scott Boen, age 26, from Potosi, Wisconsin, was sentenced to 42 months’ imprisonment and 4 years’ supervised release following his July 11, 2018 guilty plea to conspiring to distribute methamphetamine. 

Melissa Marie Petesch, age 30, from Hazel Green, Wisconsin, was sentenced to 132 months’ imprisonment and 3 years’ supervised release following her June 12, 2018 guilty plea to conspiring to distribute methamphetamine, conspiring to commit money laundering, and possessing a firearm in furtherance of a drug trafficking crime. 

Brenda Lynn Harker, age 40, from Dubuque, Iowa, was sentenced to 78 months’ imprisonment and 4 years’ supervised release following her August 2, 2018 guilty plea to conspiring to distribute methamphetamine and conspiring to commit money laundering.

Jose Juan Ceja, age 25, from Bell Gardens, California, was sentenced to 156 months’ imprisonment and 5 years’ supervised release following his June 28, 2018 guilty plea to conspiring to distribute methamphetamine.

Mauricio Bayardo Chan, age 21, from Tijuana, Baja California, Mexico, was sentenced to 300 months’ imprisonment and 5 years’ supervised release following his August 1, 2018 guilty plea to conspiring to distribute methamphetamine and conspiring to commit money laundering.

Samuel Oliver Taylor, III, age 41, from Dubuque, Iowa, was sentenced to 180 months’ imprisonment and 5 years’ supervised release following his August 6, 2018 guilty plea to conspiring to distribute methamphetamine, conspiring to commit money laundering, and possession of a firearm in furtherance of a drug trafficking crime

All eight defendants admitted they had conspired to distribute ice methamphetamine in the Dubuque area.  Evidence presented at two of the sentencing hearings showed that Chan and Ceja, who represented themselves to be affiliated with the Sinaloa drug cartel, supplied ice methamphetamine from Mexico. Taylor acted as the primary local intermediary for the methamphetamine in Dubuque.  At one point, Taylor provided Chan with a loaded firearm so Chan could “resolve a drug debt” with another individual.  Shortly thereafter, Chan returned the firearm unloaded.

In October 2017, Ceja appeared at one of his co-conspirators’ residences looking to retrieve something from a prior shipment of methamphetamine.  When the customer did not tell him the location of the methamphetamine, Ceja showed the customer videos of cartel members cutting off peoples’ hands and heads, and made threats against another member of the conspiracy.  Chan had made similar threats in the past, showing a co-conspirator similar videos and stating that the only way out of dealing with him was “death or prison.”

All eight defendants were sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  There is no parole in the federal system.

The case was investigated by the Dubuque Drug Task Force, the Iowa Division of Narcotics Enforcement, and the Federal Bureau of Investigation and prosecuted by Special Assistant United States Attorney Drew Inman and Assistant United States Attorney Dan Chatham.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl

The case file number is 18-CR-1002-LTS-MAR.

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California Man Pleads Guilty to Sexual Exploitation of a Child

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A man who sexually exploited a child pled guilty today in federal court in Cedar Rapids.

David Vogelpohl, age 21, from Vista, California, was convicted of one count of sexual exploitation of a child.  At the plea hearing, Vogelpohl admitted that, in 2018, he persuaded, induced, or enticed a female under 18 years old to engage in sexually explicit conduct for the purpose of producing visual depictions.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Vogelpohl remains in custody of the United States Marshal pending sentencing.  Vogelpohl faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, a $250,000 fine, $5,100 in special assessments, and supervised release for 5 years to life following any imprisonment. 

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Mason City Police Department, the North Platte, Nebraska, Police Department, and Homeland Security Investigations. 

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 18-3053. 

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Hartford Man Sentenced to 33 Months in Federal Prison for Illegally Possessing Loaded Handgun

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John H. Durham, United States Attorney for the District of Connecticut, announced that MARQUISE GODWIN, also known as Craig Godwin, 32, of Hartford, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 33 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm.

According to court documents and statements made in court, on June 3, 2018, Hartford Police encountered Godwin in his car after he was involved in a traffic accident on Main Street in Hartford.  At the time of the accident, Godwin, who was intoxicated, possessed a loaded .40 caliber Astra A75 handgun.

The firearm had been reported stolen during a burglary in Hartford in September 2017.

Godwin’s criminal history includes convictions in state court for weapons, narcotics, escape and risk of injury offenses.

It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

Godwin has been detained since June 3, 2018.  On November 27, he pleaded guilty to one count of possession of a firearm and ammunition by a convicted felon.

This matter was investigated by the FBI’s Connecticut Violent Crime Task Force and the Hartford Police Department.  The case was prosecuted by Assistant U.S. Attorney Michael J. Gustafson.

This prosecution 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 neighborhoods safer for everyone.

Leader, Enforcer Sentenced for Conspiracy to Distribute 45 Kilos of Meth

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KANSAS CITY, Mo. – The leader and the enforcer of a drug-trafficking organization that distributed more than 45 kilograms of methamphetamine in the Kansas City metropolitan area were sentenced in federal court today.

Jennifer Gladman-Carnall, 37, of Kansas City, Missouri, and Michael Keavney, 42, of Kearney, Missouri, were sentenced in separate appearances before U.S. District Judge Roseann Ketchmark. Gladman-Carnall was sentenced to 11 years and six months in federal prison without parole. Keavney was sentenced to 15 years and eight months in federal prison without parole. They are among 11 defendants who have been convicted in this case.

Gladman-Carnall pleaded guilty on May 4, 2018, to being the leader of the drug-trafficking conspiracy, which she admitted distributed more than 45 kilograms of methamphetamine. She also pleaded guilty to conspiracy to commit robbery (of a methamphetamine dealer) and to aiding and abetting the use and brandishing of a firearm during that robbery.

Keavney pleaded guilty on Sept. 13, 2018, to his role in the conspiracy to distribute methamphetamine. According to court documents, Keavney played the role of an “enforcer” in this conspiracy. Keavney provided security for co-defendants, and was himself involved in distributing 2.4 kilograms of methamphetamine. He also arranged deals, delivered narcotics, collected money, and arranged the illegal sale of firearms. Keavney was a principle actor in the conspiracy as he was directly connected with several large scale drug dealers, was regularly armed with firearms, and sold firearms.

After being indicted and released on pretrial supervision, according to court documents, Keavney violated his supervisions several times for using drugs, absconding, and committing new law violations. On April 19, 2017, Keavney was driving a stolen motorcycle at excessive speeds. When law enforcement attempted to stop him, he crashed the motorcycle and fled on foot. After ultimately being detained, Keavney was highly intoxicated and in possession of a knife and brass knuckles. Toxicology reports indicated that he had opiates, methamphetamine, marijuana, and alcohol in his system. After being discharged from the hospital, Keavney absconded from supervision for nearly four months before he was arrested.  On Aug. 15, 2017, Keavney’s pretrial bond was revoked and he was remanded to custody.

This case is being prosecuted by Assistant U.S. Attorneys David Raskin and Matthew Moeder. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Jackson County Drug Task Force.

Brooklyn Man Pleads Guilty to Murder-For-Hire and Marijuana Trafficking

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Leon Campbell, a citizen of Jamaica, pled guilty yesterday at the federal courthouse in Brooklyn to murder-for-hire conspiracy and conspiracy to distribute marijuana.  When sentenced, Campbell faces up to 30 years in prison, as well as forfeiture and a fine of up to $1 million.  The plea took place before United States Magistrate Judge Robert M. Levy.   

Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the guilty plea.

“Leon Campbell showed total disregard for human life, seeking to have a hired gun kill someone he suspected of being a federal informant,” stated United States Attorney Donoghue.  “The commendable work by our law enforcement partners prevented a murder from taking place.”  Mr. Donoghue extended his grateful appreciation to the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Drug Enforcement Administration (DEA), U.S. Immigration and Customs Enforcement, the United States Marshal Service, and the New York City Police Department for their assistance during the investigation.

According to court filings and facts presented at Campbell’s guilty plea and co-defendant Ronald Williams’ trial last year, on April 26, 2013, DEA agents followed Campbell as he was making a delivery of marijuana to a customer in Brooklyn.  Campbell spotted the agents and fled, suspecting his customer was an informant who had provided information to federal law enforcement.  On April 30, 2013, Campbell called Williams and offered to pay him $5,000 to kill the suspected informant.  Williams agreed to commit the murder and chose a gang member to carry out the contract.  Subsequently, when Campbell told Williams that he would personally kill the suspected informant but needed an alibi, Williams responded that it would be better to pay someone else to do the job and “get it right.”  The murder was not carried out. 

Williams was convicted in January 2018 of all counts, including murder-for-hire conspiracy, following a two-week trial before United States District Judge LaShann DeArcy Hall. 

The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Nathan D. Reilly and Hiral D. Mehta are in charge of the prosecution.

The Defendant:

LEON CAMPBELL (also known as “Country”)
Age: 41
Brooklyn, New York

E.D.N.Y. Docket No. 13-CR-419 (LDH)

Two New Jersey Men Found Guilty in Phony Debt Elimination Scheme

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NEWARK, N.J. – Two individuals were found guilty today for their respective roles in using phony monetary instruments to obtain luxury vehicles and other high value items; one of the defendants was additionally convicted of bankruptcy fraud, U.S. Attorney Craig Carpenito announced.     

Germaine Howard King, a/k/a “Germaine Howard,” 43, of Elizabeth, New Jersey, was convicted for his role in a scheme to defraud banks and other lenders using phony money orders to fraudulently discharge a $400,000 mortgage, to fraudulently obtain two Mercedes Benz (one 2007 and one 2010) cars, and to pay off credit card bills. In addition, King was convicted of a scheme to use phony cashier’s checks to pay off his co-defendant’s five luxury cars.

Daniel D. Dxrams, currently known as “Daniel Kusi,” formerly known as “Danny D. Dxrams,” 40, of Maplewood, New Jersey, was convicted for his role in a scheme to fraudulently pay off a Rolls Royce, Bentley, and three Mercedes Benz cars (two 2015 cars and one 2016 car). In addition, Dxrams was convicted of bankruptcy fraud and making a false oath during a bankruptcy proceeding.

According to documents filed in this case and the evidence at trial:

King conspired with Melissa Reynolds to make fraudulent money orders on their home computers. They mailed these phony money orders to a credit union in an effort to fraudulently pay off their two Mercedes Benz cars. Although the credit union rejected both bogus money orders, King and Reynolds mailed correspondences to the credit union falsely claiming that the debt was satisfied. They then stopped paying their car loans, and King kept the car. King and Reynolds mailed a fraudulent money order in the amount of $432,000 to a financial institution to pay off their mortgage. The financial institution erroneously accepted the fraudulent payment and credited it as a payoff for the mortgage. When the financial institution filed a suit seeking to reinstate the fraudulently discharged mortgage, King and Reynolds continued to allege in court that the mortgage had been paid and submitted a phony receipt for the bogus money order. King also made and mailed fraudulent money orders in an attempt to pay off his credit card bills.

Dxrams, King, and Reynolds conspired to fraudulently pay off Dxrams’ five luxury cars. They sent a bogus $101,000 cashier’s check to a finance company that enabled Dxrams to obtain a 2012 Bentley for free. Dxrams sold the car to a third party for approximately $82,000 and then issued a bank check to King for approximately $25,000. The defendants also used this scheme in an effort to fraudulently obtain three Mercedes-Benz cars and a Rolls Royce.

Dxrams was also convicted of bankruptcy fraud and making a false oath before the bankruptcy court. In December 2017, Dxrams filed a bankruptcy petition under penalty of perjury. He falsely concealed his ownership of a car rental business and the gross receipts he earned through this car rental business, his sale of the Bentley, his receipt of money from a personal injury lawsuit, his ownership of firearms, and his marital status, among other things. In January 2018, Dxrams appeared before the bankruptcy trustee and, after being placed under oath, made false statements concerning his bankruptcy petition and his sale of the Bentley.

Reynolds previously pleaded guilty to conspiracy to commit bank fraud and mail fraud affecting financial institutions, and is awaiting sentencing. Another defendant, Arthur M. Martin III, has also pleaded guilty for his role in a scheme to fraudulently discharge a mortgage on his home, and is awaiting sentencing.

U.S. Attorney Carpenito credited special agents of the FBI and the Joint Terrorism Task Force, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; the N.J. Office of Homeland Security and Preparedness, under the direction of Director Jared Maples; the U.S. Department of Education, Office of Inspector General Eastern Regional Office, under the direction of Assistant Special Agent in Charge Debbi Mayer; and the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi with the investigation leading to the convictions.

The government is represented by Assistant U.S. Attorney Anthony Moscato, Chief of the U.S. Attorney’s National Security Unit, and Lakshmi Srinivasan Herman, of the National Security Unit, in Newark.

Garryowen woman sentenced for running over, killing man

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BILLINGS—A Garryowen woman who admitted killing a man by running over him with a minivan as he was walking along a road on the Crow Indian Reservation was sentenced today to 10 years in prison and to five years of supervised release, said U.S. Attorney Kurt Alme.

Vernelle Lynn Badbear, 36, pleaded guilty in October to second degree murder in the November 2016 death of the victim.

U.S. District Judge Susan Watters presided.

Court records filed by the prosecution said that a highway road painter found a body on Highway 451 near Wyola on Nov. 12, 2016. The body was identified through tattoos. Knowing that the deceased had been in a relationship with Badbear and lived nearby, law enforcement officers began an investigation with her.

Badbear initially told investigators she and the victim had argued on Nov. 4, he had left the house and that she had not seen him since. After further questioning, Badbear admitted she had run over the victim.

Badbear admitted that she got upset with the victim because he was drinking alcohol when he was supposed to watch the children. The victim left the house and began walking down the road. Badbear admitted driving after the victim in her minivan, hitting him and then running over him. An autopsy determined the cause of death was blunt force trauma consistent with having been hit and run over by a vehicle and that it would have taken some time for the victim to die.

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

 

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Federal Authorities Dismantle Large Drug Trafficking Organization

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PITTSBURGH, PA – 35 residents of Western Pennsylvania, one resident of New York, and one resident of West Virginia have been indicted by a federal grand jury in Pittsburgh on charges of drug trafficking and firearms violations, United States Attorney Scott W. Brady announced today.

The Indictment, returned on June 18 and unsealed today, names the following 37 individuals as defendants:

• Christopher Highsmith, 26, of Irwin, PA

• Lamont Benton, 23, of McKees Rocks, PA

• Michael Broglie, 51, of Finleyville, PA

• Jarrell Dawson, 20, of Pittsburgh, PA

• Latone Dunbar, 25, formerly of Pittsburgh, PA

• John Fedorka, 35, of Pittsburgh, PA

• Roderick Ferguson, 18, of Pittsburgh, PA

• Perry Freeman, 18, formerly of Pittsburgh, PA

• Laffayette Fuller, 19, of Pittsburgh, PA

• Lequay Fuller, 22, of Pittsburgh, PA

• Dontae Gilbert, 18, formerly of Pittsburgh, PA

• James Givner, 35, of Pittsburgh, PA

• Deandre Gordon, 24, of West Mifflin, PA

• Brandon Green, 34, of Pittsburgh, PA

• Kyleif Harley, 27, of Pittsburgh, PA

• Robert Hartlaub, 32, of Waynesburg, PA

• Keevan Jackson, 20, of Pittsburgh, PA

• Anthony Jetter, 30, of Pittsburgh, PA

• Henry Johnson, 28, of Pittsburgh, PA

• Nicholas Laur, 39, of Pittsburgh, PA

• Trevon McCrary, 24, of Pittsburgh, PA

• Danasia McNeal, 21, of Pittsburgh, PA

• Willie Miller, 27, of Pittsburgh, PA

• Devonte Parker, 24, of Pittsburgh, PA

• April Price, 21, of Pittsburgh, PA

• Jaimone Robinson, 19, of Pittsburgh, PA

• Amber Rogers, 27, of Pittsburgh, PA

• Brian Salaj, 37, of Pittsburgh, PA

• Ronika Somerville, 22, of Pittsburgh, PA

• Theresa Somerville, 49, of Pittsburgh, PA

• Raelynn Stevenson, 29, of West Mifflin, PA

• Rico Taylor, 34, of Pittsburgh, PA

• Jesse Tedrow, 27, of Hundred, WV

• Holiday Vaughn, 41, of New York

• Ronald Williams, 26, of Pittsburgh, PA

• St. John Williams, 27, of Pittsburgh, PA

• Martel Yates, 30, of Pittsburgh, PA

According to the Indictment, the defendants conspired to distribute and distribute over 1 kilogram of heroin, at least 400 grams of fentanyl, and fentanyl analogs, cocaine, and cocaine base, commonly known as crack, from January 2018 through June 2019. The Indictment further alleges individual firearms charges and/or drug trafficking violations against Latone Dunbar, John Fedorka, Dontae Gilbert, Trevon McCrary, James Givner, Henry Johnson, Jaimone Robinson, Holiday Vaughn, and Ronald Williams.

For all defendants, the law provides for a maximum total sentence of up to life imprisonment, a fine of not more than $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of each defendant.

The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Bureau of Alcohol Tobacco Firearms and Explosives, Allegheny County Adult Probation, Allegheny County Police Department, Allegheny County Sheriff’s Office, Pennsylvania Attorney General’s Office Bureau of Narcotics, Pittsburgh Bureau of Police, and the Wilkinsburg Police Department. Other assisting agencies include the Green Tree Police Department, New York City Police Department, Mount Oliver Police Department, Pennsylvania State Police, Yonkers Police Department, United States Marshals Fugitive Task Force, and the United States Postal Inspection Service.

The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.

Assistant United States Attorneys Christy C. Wiegand and Craig Haller are prosecuting this case on behalf of the government.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.


Retired U.S. Army Colonel and Businessman Convicted for Conspiring to Bribe Senior Officials of The Republic of Haiti

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BOSTON – A retired U.S. Army colonel and the chief executive officer of an investment company were convicted today by a federal jury in Boston of conspiring to bribe senior officials of the Republic of Haiti in connection with a planned multi-billion dollar infrastructure project in that country.

Joseph Baptiste, 64, of Fulton, Md., and Roger Richard Boncy, 74, a dual U.S. and Haitian citizen who resides in Madrid, Spain, were convicted of conspiracy to violate the Travel Act and the Foreign Corrupt Practices Act. Baptiste was also convicted of one count of violating the Travel Act and one count of money laundering conspiracy. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Sep. 12, 2019.

“Bribery of public officials corrodes public trust and victimizes the public these officials are supposed to serve,” said U.S. Attorney Andrew E. Lelling. “We will continue to target Americans who try to bribe foreign public officials for business advantage.”

“Richard Boncy and Joe Baptiste conspired to pay millions of dollars in bribes to Haitian officials to do business there,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s guilty verdict sends a strong message that those who use corrupt means to obtain unfair and illegal business advantages will be prosecuted to the fullest extent possible by the Department of Justice.”

“Mr. Baptiste and Mr. Boncy had no problem soliciting bribes to funnel to senior government officials in Haiti through blatantly illegal means,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Every dirty dollar they were trying to secure undermines those who are trying to conduct business lawfully. Cases like this only fuel the FBI’s commitment to tackling corruption, and today’s guilty verdict ensures that both of them will be held accountable for their actions.”

Baptiste and Boncy solicited bribes from undercover agents in Boston who posed as potential investors in infrastructure projects in Haiti in connection with a proposed project to develop a port in the Mole-Saint-Nicolas area of Haiti. The proposed project was expected to cost approximately $84 million and was to involve the construction of multiple cement factories, a shipping-vessel recycling station, an international transshipment station with numerous slips for shipping vessels, a power plant, a petroleum depot and tourist facilities. During a recorded meeting at a Boston-area hotel, Boncy and Baptiste told the agents that they would funnel the payments to Haitian officials through a non-profit entity that Baptiste controlled – which is based in Maryland and purported to help impoverished residents of Haiti – in order to secure government approval of the project.

In telephone calls intercepted pursuant to a court-authorized wiretap, Boncy and Baptiste discussed bribing an aide to a high-level elected official in Haiti with a job on the port development project in exchange for the aide’s help in obtaining the elected official’s authorization for the project. Boncy and Baptiste also told the undercover agents that they would hide the bribes through money falsely earmarked for social programs and that they would bribe officials at all levels of the Haitian government.

The charges of violating the Travel Act and the Foreign Corrupt Practices Act and conspiracy each provide for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. The charge of money laundering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Lelling, AAG Benczkowski and FBI Boston SAC Bonavolonta made the announcement. Assistant U.S. Attorney Kriss Basil of Lelling’s Securities and Financial Fraud Unit and Trial Attorney Elina A. Rubin-Smith of the Criminal Division’s Fraud Section are prosecuting the case.   

Brazilian National Pleads Guilty to Making False Statements Concerning South Boston School Shooting

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BOSTON – A Brazilian national pleaded guilty today in connection with sending a letter to U.S. Citizenship and Immigration Services (USCIS) that threatened an armed attack on a South Boston school in 2018. 

Clebio P. De Lima, 43, a Brazilian national previously residing in Quincy, pleaded guilty to two counts of making false statements to federal authorities. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for July 31, 2019.

In February 2018, USCIS’ Boston Office received an unsigned letter handwritten in Portuguese stating that an individual identified by the name of “Mario” was going to carry out an attack at a South Boston school. The letter stated that Mario had purchased two firearms and that he was looking to buy more. The letter concluded by stating, “I invite you to take action, I trust in you. Thank you for the great security of this country.” 

Following an investigation, it was determined that the allegations in the letter were false, and that De Lima sent the letter to USCIS hoping that the federal government would arrest his ex-wife’s boyfriend. During a subsequent interview with federal law enforcement agents in September 2018, De Lima falsely denied any knowledge about the unsigned letter sent to USCIS. 

The charging statute provides for a sentence of no greater than five years in prison, one year of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today.  The case was investigated by the FBI Boston Joint Terrorism Task Force. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.

Richard L. Durbin, Jr. Recognized by Deputy Attorney General with Lifetime Achievement Award

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WASHINGTON – Richard L. Durbin, Jr., Senior Litigation Counsel of the U.S. Attorney’s Office in the Western District of Texas, was recognized by Deputy Attorney General Jeffrey Rosen and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 35th Director’s Awards Ceremony today in Washington D.C.

The Western District of Texas was one of 31 districts represented at the ceremony, which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.

Deputy Attorney General Rosen told the awardees, “Today’s honorees have earned the esteem of their colleagues.  But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded.”

EOUSA Director Crowell said, “The Department of Justice is in truth a deployed force.  Your work isn’t easy, but it is vital to the functioning and enduring nature of our democracy.  As federal prosecutors, we are held to a higher standard, a standard that requires us to ensure that we uphold the rule of law and the fundamental rules of fairness in every trial, every settlement, every plea, and every legal argument in which we are involved.”

Mr. Durbin is recognized for his lifetime of incredible service to the United States Attorney’s Office for the Western District of Texas.  Since Mr. Durbin first joined as an Assistant United States Attorney 35 years ago, he has served as the Chief of the Appellate Section, the Chief of the Criminal Division, First Assistant United States Attorney, and United States Attorney.  In his three decades as a supervisor, Mr. Durbin has overseen tremendous expansion of the office and has provided invaluable guidance and mentorship to generations of prosecutors.  Mr. Durbin is considered a critical resource for the Department in areas such as immigration enforcement, the OCDETF program, discovery obligations, and personnel management.  Indeed, Mr. Durbin is renowned throughout both the entire Department and Texas for his keen intelligence, broad experience, managerial expertise, wisdom, and kindness.

“Richard has dedicated his career to making all Texans safer.  This award recognizes the magnitude of his contributions to Texas and to the United States,” stated United States Attorney John F. Bash.

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Cottage Grove Man Sentenced to Federal Prison for Hash Oil Explosion

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PORTLAND, Ore.—Eric L. Scully, of Cottage Grove, Oregon, was sentenced today to 78 months in federal prison and five years’ supervised release for endangering human life and illegally possessing and manufacturing marijuana during a November 2017 butane honey oil (BHO) explosion in Cottage Grove.

Scully was also sentenced to six months in prison for violating the supervised release conditions of a previous federal money laundering conviction. The two prison sentences will run consecutively, for a total of 84 months in prison.

According to court documents, on November 16, 2017, the Cottage Grove Police and Fire Departments responded to an explosion at a storage facility in Cottage Grove. Officers found Scully at a local hospital where he was being treated for serious burn injuries. Investigators later learned that, at the time of the explosion, at least three other individuals were inside the facility.

Two days later, Cottage Grove Police and U.S. Drug Enforcement Administration (DEA) agents executed a search warrant at the storage facility. Inside, they found a large, sophisticated, and unlicensed BHO extraction lab. BHO is a concentrated form of marijuana extracted using highly flammable or combustible solvents. During the search, agents found 1,200 pounds of processed marijuana, 728 marijuana plants and over 80 pounds of marijuana extract.

The investigation determined that while manufacturing BHO, one of Scully’s machines, located in a room containing highly combustible materials and equipment, caught fire. The machine and combustibles exploded, injuring Scully and placing the other individuals present at substantial risk of harm.          

At the time of the explosion, Scully was on federal supervision stemming from a money laundering conviction from 2016. In that case, Scully owned and operated a large, illegal marijuana grow in Eugene from 2012 through 2014. That investigation found that Scully collected over $1,000,000 in proceeds from his illegal business, which fed a luxury lifestyle of high-end cars, watches, jewelry, clothing, real estate, and firearms. At the time of the search Scully’s properties in 2015, investigators uncovered over 230 pounds of marijuana, 219 marijuana plants, $179,860 in cash, and numerous high-value items and vehicles.

Scully pleaded guilty to money laundering and served a 90-day prison sentence at the beginning of 2017. While in prison, Scully continued to actively develop his illegal BHO business in Cottage Grove, and expanded the operation while on federal supervision up to the date of the explosion. 

During sentencing, Scully was ordered to forfeit the personal property used to facilitate his crimes, which includes a truck, trailer, and over $25,000 in cash

On November 15, 2018, Scully pleaded guilty to one count each of endangering human life and illegally possessing and manufacturing marijuana.

This case was investigated by DEA and the Cottage Grove Police Department. It is being prosecuted by Gavin W. Bruce, Assistant U.S. Attorney for the District of Oregon.

Las Vegas Doctors, Unlicensed Nurse And Two Others Arrested And Indicted For Trafficking Schedule III Controlled Substances

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LAS VEGAS, Nev. – An indictment by a federal grand jury was unsealed today charging an unlicensed advance nurse practitioner (APRN), two doctors, and two others for conspiring to distribute buprenorphine, a Schedule III Controlled Substance, announced United States Attorney Nicholas A. Trutanich and Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division.

Michael Halprin, 68, an unlicensed APRN in Las Vegas, Nevada; Chad Hall, D.O., 39, of Las Vegas; Ronald Smith, M.D., 50, of Las Vegas; Janell Olson, 49, of Las Vegas; and Eghomware Igbinovia, a/k/a Jerry Igbinovia, 44, of Las Vegas, are all charged with conspiracy to possess with intent to distribute and with distributing buprenorphine, an opioid classified as a Schedule III controlled substance. Halprin, Hall and Olson are also all charged with distribution of Valium, a Schedule IV controlled substance. Halprin, Hall, Smith and Olson are also charged with obtaining a controlled substance by misrepresentation and Halprin and Hall are charged additionally with maintaining a drug-involved premises.

“The U.S. Attorney's Office will target and prosecute doctors who illegally dispenses addictive opioids, thus placing personal greed above the health and safety of his or her patients,” said US Attorney Trutanich. “Working in lockstep with our law enforcement partners, we will work diligently to reduce, and then stamp out, the opioid crisis.”

Halprin and Olson were arrested and will make their initial appearance in federal court in Melbourne, Florida today. Smith and Igbinovia were arrested in Las Vegas, Nevada and are scheduled to make their initial appearance before United States Magistrate Judge Nancy J. Koppe today. Hall is expected to make his initial appearance in Reno, Nevada on June 21, 2019.

The maximum penalty for maintaining a drug-involved premises is 20 years in custody and a fine of $500,000. The maximum penalty for conspiracy to distribute and distributing buprenorphine is 10 years of imprisonment and a fine of $500,000. The maximum penalty for distributing Valium is five years imprisonment and a fine of $250,000. The maximum penalty for obtaining a controlled substance by misrepresentation is four years and a fine of $250,000.

According to the Centers for Disease Control and Prevention, while increased therapeutic use of buprenorphine may help reduce prescription opioid abuse and misuse, nontherapeutic or inappropriate use of buprenorphine can cause serious and potentially life-threatening effects among children and adults.

An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The joint investigation was conducted by the FBI; DEA; and Nevada State Board of Pharmacy. In 2017, the Department of Justice funded a dedicated opioid prosecutor to the United States Attorney’s Office for the District of Nevada. The case is being prosecuted by Assistant United States Attorney Nadia Ahmed.

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