CLARKSBURG, WEST VIRGINIA – Tony Moore, a cook supervisor at USP Hazelton in Bruceton Mills, West Virginia, has admitted to assaulting an inmate, United States Attorney Bill Powell announced.
 
Moore, age 39, pled guilty to one count of “Assault by Striking.” Moore admitted to striking an inmate while on duty without just cause or reason in November 2017.

Moore faces up to 12 months incarceration and a fine of up to $1,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Andrew R. Cogar is prosecuting the case on behalf of the government. The Department of Justice Office of Inspector General investigated.

U.S. Magistrate Judge Michael John Aloi presided.

Federal District Court Judge Alan B. Johnson sentenced JOEL MOLINA-CRUZ, 37, on August 27, 2019 for illegal-re-entry of a previously deported alien into the United States.  Molina-Cruz was arrested in Casper, Wyoming.  He received eighteen months of imprisonment and was ordered to pay a $100.00 special assessment.  Molina-Cruz is subject to deportation proceedings upon completion of his sentence.  The U.S. Department of Homeland Security investigated this case.

Federal District Court Judge Nancy D. Freudenthal sentenced JASON AUGUST OBERMUELLER, 41, of Jensen, Utah on September 4, 2019 for being a felon in possession of a firearm.  Obermueller was arrested in Utah.  He received fourteen months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $5,500.00 fine, and a $100.00 special assessment.  The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.

Federal District Court Judge Alan B. Johnson sentenced DAMEON DURANTE McDOWELL, 41, of Casper, Wyoming on September 4, 2019 for being a felon in possession of a firearm.  McDowell was arrested in Casper, Wyoming.  He received one hundred ten months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $100.00 special assessment.  The Casper Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.

Chief Federal District Court Judge Scott W. Skavdahl sentenced AUSTIN JAMES KELLY, 25, of Arizona on September 5, 2019 for possession of a stolen firearm.  Kelly was arrested in Park County, Wyoming.  He received time served to be followed by thirty-six months of supervised release, and ordered to pay a $100.00 special assessment.  The Wyoming Highway Patrol, Wyoming Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.

United States District Court Judge Eldon E. Fallon sentenced GARCIA-LOPEZ to time served and a $100 special assessment fee. The defendant will be surrendered to the custody of Immigration and Customs Enforcement for removal proceedings.

According to court documents, on June 14, 2019, GARCIA-LOPEZ submitted a fraudulent Form I-9 application in order to obtain employment with a local company. He used a fraudulent Social Security card containing the Social Security number of a real United States citizen as verification. Subsequent record checks confirmed that GARCIA-LOPEZ was in the United States illegally and photographic evidence proved that GARCIA-LOPEZ and the victim were different people. 

U.S. Attorney Strasser praised the work of Immigration and Customs Enforcement, Enforcement Removal Operations agents in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.

                                                                         *   *   *

ALEXANDRIA, Va. – A Maryland man was sentenced today to four years in prison for stealing the identity of an Alexandria resident and withdrawing funds from the victim’s retirement savings account.

According to court documents, Alpha Kanu, 29, of Laurel, illegally obtained the victim’s name, date of birth, address, and Social Security number. He then used that information to access the victim’s online account with the Virginia Department of Motor Vehicles to obtain the victim’s driver’s license number, as well as to change the victim’s mailing address. Kanu learned that the victim, a 28-year federal employee presently serving as a civilian employee of the U.S. Army, had a substantial amount of retirement savings in a Thrift Savings Plan (TSP) account. Kanu, impersonating the victim, took out a $45,000 loan against the TSP account, the proceeds of which he deposited into a bank account in the victim’s name. Kanu subsequently withdrew those ill-gotten funds and used them on personal purchases.

The money stolen from the victim’s account was reimbursed to the victim as an administrative expense of the TSP, a cost borne by all TSP participants.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Timothy M. Dunham, Special Agent in Charge, Criminal Division, FBI Washington Field Office, and Richard Delmar, Acting Inspector General for the U.S. Department of Treasury, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Special Assistant U.S. Attorney Michael L. Jones and Assistant U.S. Attorney Alexander E. Blanchard prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-147.

Today, U.S. District Judge Cecilia M. Altonaga sentenced former City of Miami Police officer Kelvin Harris to 27 and a half years in prison for his involvement in a drug trafficking conspiracy and possessing a firearm in furtherance of a drug trafficking crime.  Codefendant James Archibald, also a former City of Miami Police officer, was sentenced to 10 years in prison for his involvement in the drug trafficking conspiracy.

Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement. 

Former City of Miami Police officers Kelvin Harris, James Archibald and Schonton Harris were charged for their involvement in the drug trafficking conspiracy (Case No. 18cr20939).  On June 28, 2019, Kelvin Harris, who had been on the police force for twenty-six years, and Archibald, who had been an officer for two years, were each convicted by a federal jury of conspiring to possess with the intent to distribute more than 5 kilos of cocaine in 2018.  In addition, Kelvin Harris was convicted of three counts of attempting to possess with the intent to distribute cocaine and three counts of possessing a firearm during the commission of a drug trafficking crime.  Archibald was also convicted of one count of attempting to possess with the intent to distribute cocaine. On January 24, 2019, Schonton Harris pled guilty to conspiring with other officers to possess with the intent to distribute cocaine from August through October 2018.  On April 17, 2019, Schonton Harris was sentenced to 15 and a half years in prison. 

According to the court record, including trial testimony, Officers Kelvin Harris and Schonton Harris, provided police protection on numerous occasions for what they believed were multiple-kilogram shipments of cocaine by escorting the transportation of such cocaine.  Officer Archibald facilitated the drug trafficking conspiracy on at least one occasion by assisting his codefendants in transporting 30 kilograms of what the defendants believed to be cocaine from a local marina to two local hotels.  Officers Kelvin Harris, Archibald and Schonton Harris received cash payments of $10,000, $6,500 and $17,000, respectively, for their involvement in the criminal enterprise.

U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI, including the FBI Miami Area Corruption Task Force, in this matter.  She thanked the City of Miami Police Department for their assistance.  This case was prosecuted by Assistant U.S. Attorneys Harry C. Wallace, Jr. and Jessica Obenauf.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington today sentenced Terry Alonzo Wilson (53, Tampa) to 25 years in federal prison for planning and carrying out an armed robbery of a Tampa pawnshop. The court also ordered Wilson to forfeit $63,543, which includes the $61,943 in jewelry and $1,600 in cash that Wilson and his co-defendant, Jeremy Williams (35, Miami), had taken from the pawnshop during the robbery.

On June 18, 2019, a jury found Wilson guilty of conspiracy to commit robbery, robbery, brandishing a firearm during a robbery, and possessing a firearm as a convicted felon.

According to court documents and evidence presented during the trial and the sentencing hearing, Wilson recruited Williams to rob the Value Pawn & Jewelry, located at 5401 North 40th Street in Tampa. During the robbery, on September 14, 2018, Wilson pointed a loaded pistol at two employees and a customer who were inside the store and threated to kill them. Wilson also brought zip ties to the robbery and instructed Williams to tie up the employees and the customer. Wilson forced the store manager to disconnect the store’s security video recording system, which Wilson took with him when he left the store.

In total, Wilson and Williams took $63,543 worth of jewelry and cash from the pawnshop. At the time of the robbery, Wilson had recently completed a 20-year sentence for robbing another Tampa pawnshop at gunpoint. He was released from prison less than four months before committing the armed robbery of the Value Pawn & Jewelry.

Williams pleaded guilty to his role in the case and testified during Wilson’s trial. On July 16, 2018, Williams was sentenced to nearly 11 years in prison.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Taylor G. Stout.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

United States Attorney Brandon J. Fremin announced today that United States Chief Judge Shelly D. Dick sentenced Douglas Dawayne Chenevert, III, a 40-year-old resident of Baker, Louisiana, to 30 months in federal prison following his conviction for possessing firearms and ammunition by a convicted felon.  The Court further sentenced Chenevert to 30 months years of supervised release following his term of imprisonment, and ordered that the firearms possessed by Chenevert be forfeited.

According to admissions made during his guilty plea, on July 14, 2018, Baton Rouge Police Department responded to a burglary at a cell phone shop on North Foster Drive.  An officer observed two men enter the shop by cutting the lock on a roll up steel door and breaking the glass.  As the two men left the shop in a pickup truck, later determined to be stolen, the officer activated his lights and siren to initiate a stop.  The driver fled and, after a short chase, wrecked the truck into a residence on Tecumseh Street.  Both suspects then fled on foot.  A canine officer and his dog quickly apprehended Chenevert, the driver of the pickup truck who had previously been convicted of a felony.  Upon being taken into custody and patted down, the officer found a loaded Smith and Wesson 9mm pistol in Chenevert's clothing.  A later check determined the firearm to be loaded with thirteen (13) 9mm caliber Winchester cartridges.

Later that day, Baton Rouge Police obtained a valid search warrant for the residence which Chenevert used as a rental property.  Inside the residence, officers found and seized the following: an Ithaca,12 gauge shotgun, a Berretta ARX Model 160, .22 caliber rifle, a Ruger Model AR556 .223 caliber rifle, and a Taurus Judge .410 gauge/45 Long Colt caliber pistol.

U.S. Attorney Fremin stated, “Making sure convicted felons who illegally possess firearms are held accountable remains a top priority of my office.  The efforts of our partners, ATF and the Baton Rouge Police Department, are invaluable in our mission.  I want to thank our prosecutor and our federal and local partners for their work on this case.”

“ATF and our law enforcement partners will continue to focus our efforts on the disruption of violent crime in our community through the arrest and prosecution of violent criminals,” said ATF New Orleans Field Division Special Agent in Charge Kurt Thielhorn.  “ATF’s top priorities remain to protect the public and remove violent criminals from our streets.”

This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Baton Rouge Police Department.  The case was prosecuted by Assistant United States Attorney Lyman Thornton.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Carlos A. Rodriguez Fernandez (48, Orlando) to 40 years in federal prison for sexually exploiting a 14-year-old girl and for possessing child pornography. The court also ordered Rodriguez Fernandez to forfeit the electronic devices that he had used to commit the offenses.

A federal jury had found Rodriguez Fernandez guilty on June 14, 2019.

According to court documents and evidence presented during the trial and sentencing hearing, Rodriguez Fernandez hid a webcam in the victim’s bathroom and recorded sexually explicit videos of the child. He also used an online file-sharing program to download and view child pornography. The Florida Department of Law Enforcement Cybercrimes Task Force identified Rodriguez Fernandez after he had shared child pornography through a file-sharing program. 

During the execution of a search warrant at Rodriguez Fernandez’s residence, agents recovered several electronic devices containing 160 images and 6 videos depicting the sexual abuse and exploitation of young children and teens. The agents also located a webcam that Rodriguez Fernandez had concealed behind an electrical outlet plate across from the toilet in the 14-year-old’s bathroom. Rodriguez Fernandez ran the camera’s USB cord through the bathroom wall to his office, where he had attached it to his computer. Rodriguez Fernandez recorded and saved the illicit videos of the child on his computer.

This case was investigated by the FDLE Cybercrimes Task Force, whose members include FDLE, Homeland Security Investigations, the Lake County Sheriff’s Office, the Clermont Police Department, the Kissimmee Police Department and the Altamonte Springs Police Department. It was prosecuted by Assistant United States Attorney Karen L. Gable.

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

United States Attorney Erica H. MacDonald today announced the sentencing of MICHAEL IMAN WHITE, 20, to 120 months in prison for the robbery and attempted robbery of multiple Walgreens pharmacies. WHITE and his codefendant JAVONN T. LEWIS, 24, were charged in a superseding indictment on November 20, 2019. WHITE, who pleaded guilty on March 7, 2019, was sentenced today before Senior Judge Donovan W. Frank in U.S. District Court in St. Paul, Minnesota. LEWIS, who pleaded guilty on May 22, 2019, is scheduled to be sentenced on October 3, 2019.

According to the defendant’s guilty plea and documents filed in court, during a four-month period, between April and July of 2018, WHITE used force, violence, and fear of injury to rob or attempt to rob five Walgreens Pharmacies in St. Paul and Edina, Minnesota. WHITE terrorized numerous store employees by pointing actual or replica firearms at them and sometimes restraining them with zip ties. In total, WHITE and his accomplices stole more than $75,000 worth of narcotics and other controlled substances.

The Hobbs Act, passed by Congress in 1946, allows federal prosecutors to prosecute individuals who commit armed robberies of businesses engaged in interstate commerce. If convicted, WHITE faces a potential maximum penalty of 20 years in prison on each count.

This case was the result of an investigation conducted by the FBI, the Edina Police Department, the Saint Paul Police Department, and the Bloomington Police Department. This case is part of Project Safe Neighborhoods, an initiative that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.

Assistant U.S. Attorney Jeffrey S. Paulsen is prosecuting the case.

Defendant Information:

MICHAEL IMAN WHITE, 20

Muncie, Ind.

Convicted:

• Interference with commerce by robbery (Hobbs Act), 1 count

Sentenced:

• 120 months in prison
• Three years of supervised release
• $84,740 in restitution

###

Additional news available on our website.

Follow us on Twitter and Facebook.

United States Attorney’s Office, District of Minnesota: (612) 664-5600

The charges stemmed from their scheme to defraud immigrant investors who entrusted their money to the defendants to invest in job-creating companies in New Orleans after Hurricane Katrina.  As was alleged in the indictment, HUNGERFORD and MILBRATH conspired together to defraud immigrants who sought to apply for EB-5 visas.  The visa program permits immigrants to invest a minimum of $1,000,000.00 in a United States job-creating enterprise and obtain permanent residency if, after two years, that investment created or preserved ten American jobs.  The minimum investment required was lowered to $500,000.00 if the investment was made in a targeted employment area (“TEA”), defined as an area with an unemployment rate of 150% of the national average.

The superseding indictment alleged that HUNGERFORD and MILBRATH formed NobleOutReach, LLC, to operate the EB-5 investment fund, and they contracted with the City of New Orleans to run the New Orleans Regional Center.  Because New Orleans was a designated TEA in the years after Hurricane Katrina, immigrant investors only had to invest $500,000.00 in order to qualify under the EB-5 visa program.  HUNGERFORD and MILBRATH represented to investors that their $500,000.00 investment would be used to create jobs in New Orleans and contribute to the rebuilding of the City.  A total of 31 immigrants invested a total of $15.5 million in the defendants’ investment fund. 

Evidence at trial showed that, instead of investing the immigrant investors’ entire $15.5 million into New Orleans-based job-creating enterprises, HUNGERFORD and MILBRATH fraudulently misappropriated investor funds for their own personal gain.  HUNGERFORD and MILBRATH wrote themselves checks drawn from investor funds which they disguised as “loans” or “loan repayments.”  The evidence showed that the defendants created multiple companies in order to conceal the path of investor funds and misappropriate them.  The defendants also spent investor funds to purchase vacation and rental properties for their own benefit.  In the course of perpetrating the fraud, the defendants made false representations to investors, U.S. Citizenship and Immigration Services (USCIS), and the City of New Orleans.

As to each of the six counts of wire fraud, along with conspiracy to commit wire and mail fraud, the defendants face a maximum penalty of twenty years in prison, a $250,000.00 fine, and up to three years of supervised release.  As to the money laundering conspiracy, the defendants face a maximum of 20 years in prison, a $500,000.00 fine, and up to three years of supervised release.  As to the conspiracy to commit immigration fraud, the defendants may receive a maximum of five years in prison, a $250,000.00 fine, and up to three years of supervised release.  Sentencing was set for December 17, 2019 before Judge Guidry.

NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that PEDRO MANOLO ARAGON-HERNANDEZ, age 39, a citizen of Honduras, pled guilty on September 4, 2019 to a one-count bill of information with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326.  ARAGON-HERNANDEZ was immediately sentenced following the guilty plea.

United States Attorney Ron Parsons announced that an Eden, Minnesota, man convicted of Attempted Receipt of Child Pornography was sentenced on August 30, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jimmy Custodio, age 41, was sentenced to 7 1/2 years in federal prison, followed by 5 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Custodio was one of nine men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2017 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls or boys obtained through the Internet.  The conviction stemmed from Custodio communicating with someone he believed to be a minor for the purpose of engaging in sexual acts, and requesting that the minor send pornographic images to Custodio.

The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office.  Assistant U.S. Attorney Sarah Collins prosecuted the case.

Custodio was immediately remanded to the custody of the U.S. Marshals Service.           

          The former owner of Johnny’s Bar and Grill in Puyallup, Washington, pleaded guilty today in U.S. District Court in Tacoma to possession of methamphetamine with intent to distribute, announced U.S. Attorney Brian T. Moran.  JOHN CHOE admits in his plea agreement that, in January 2018, he obtained methamphetamine, cocaine, and heroin from his sources and began selling them to customers at his bar.  Between January 2019 and April 2019, CHOE sold cocaine to a person working with law enforcement on four different occasions.  The Washington State Liquor and Cannabis Board suspended the bar’s liquor license on June 19, 2019.  Judge Benjamin H. Settle scheduled sentencing for December 16, 2019.

            According to the facts admitted in the plea agreement, the Drug Enforcement Administration (DEA) and state and local law enforcement began investigating CHOE after receiving information about drug sales at the bar.  After the confidential informant and an undercover DEA agent purchased a total of 45 grams of cocaine on four different occasions, law enforcement served a court-authorized search warrant for the bar and for CHOE’s vehicle.  Agents found methamphetamine, heroin, synthetic cannabinoids, and Percocet pills in a metal box at the bar.  When CHOE was arrested, he was carrying cocaine.  CHOE admits all the drugs were for distribution.

            Possession of methamphetamine with intent to distribute is punishable by up to 40 years in prison and a $5,000,000 fine.  Under some circumstances, the charge carries a mandatory minimum five-year prison term.  The ultimate sentence will be determined by the Court based on the advisory Sentencing Guidelines and other statutory factors.

            The case was investigated by the DEA’s Tacoma Narcotics Enforcement Task Force (TNET), in collaboration with the Puyallup Police Department.  The case is being prosecuted by Assistant United States Attorney Seungjae Lee.

United States Attorney Ron Parsons announced that Lawrence Oakie, age 38, of Eagle Butte, South Dakota, was found guilty of three counts of Abusive Sexual Contact of a Child, as a result of a three-day federal jury trial in Pierre, South Dakota. 

The charges each carry a maximum penalty of up to life in federal prison and/or a $250,000 fine, up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

Oakie was indicted by a federal grand jury on May 13, 2018. 

On September 2, 2017, Oakie was at a house party in Eagle Butte, South Dakota, with several individuals, along with two minor children who lived in the home.  During the night, one of the minor children got up to use restroom and when she came back to the room, Oakie was in the bedroom sitting next to the other minor child and was touching the child in an inappropriate and sexual manner.      

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.

A presentence investigation was ordered and a sentencing date was set for November 25, 2019.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that Ronnie White Mountain, age 51, of Mandan, North Dakota, was found guilty of Aggravated Sexual Abuse of a Child and Aggravated Incest as a result of a three-day federal jury trial in Aberdeen, South Dakota. 

The charges carry a mandatory minimum of 30 years, up to life, in federal prison and/or a $250,000 fine, up to life of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

White Mountain was indicted by a federal grand jury on June 11, 2019. 

Between January 2010 and December 2012, White Mountain traveled periodically from his home in Morris, Minnesota, to McLaughlin, South Dakota, along with his daughter, to stay with family on the Standing Rock Indian Reservation.  After a night of drinking on one of the trips, White Mountain came back to the home and sexually assaulted his daughter. 

This case was investigated by the Federal Bureau of Investigation and the Stevens County Minnesota Sheriff’s Department. Assistant U.S. Attorneys Kirsten E. Jasper and Troy R. Morley prosecuted the case.

A presentence investigation was ordered and a sentencing date has not been set.  The defendant was remanded to the custody of the U.S. Marshals Service.

ALBANY, NEW YORK – Robert B. Fitzgerald, age 81, of St. Regis Falls, New York, was arrested on Wednesday on a criminal complaint charging him with sexually exploiting a child.

The announcement was made by United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office.

The criminal complaint alleges that Fitzgerald: sexually exploited a girl for approximately three years and beginning when the child was 14 years old; photographed and video-recorded the sexual abuse; and distributed and sold this child pornography to others. According to the complaint, on August 9, 2019, Fitzgerald possessed a computer that contained videos depicting Fitzgerald sexually abusing the child when she was 17 years old. 

The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty

If convicted of the charge set forth in the complaint, Fitzgerald faces at least 15 years and up to 30 years in prison, and can also be sentenced to at least 5 years and up to lifetime post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Fitzgerald appeared today for a detention hearing before United States Magistrate Judge Gary L. Favro, and was ordered detained.

This case is being investigated by HSI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Katherine Kopita.

McALLEN, Texas – Two men face up to life in prison following their convictions of drug crimes, carjacking, robbery and firearms offenses, announced U.S. Attorney Ryan K. Patrick. The McAllen jury deliberated for five hours before convicting Mexican citizen Marin Macrin Cerda aka Filtro, 33, and Jose Miguel Montemayor aka aEl Mickey, 29, of Mission, late Friday. Sept. 6, 2019, following a seven-day trial. 

Both were convicted of conspiracy to possess with intent to distribute more than five kilograms of cocaine, conspiracy to possess a firearm in furtherance of a drug trafficking offense and a crime of violence, two counts of carjacking, four counts of Hobbs Act robberies, two counts of brandishing a firearm in furtherance of a crime of violence and/or a drug trafficking offense and three counts of discharging a firearm in furtherance of a crime of violence and/or a drug trafficking offense. Cerda was also convicted of conspiracy to possess with intent to distribute more than 100 kilograms of marijuana, an additional count of carjacking, an additional count of Hobbs Act robbery, two additional counts of brandishing a firearm in furtherance of a crime of violence or drug trafficking offense and one additional count of discharging a firearm in furtherance of a drug trafficking offense or crime of violence in relation to events he participated in without Montemayor.

The investigation began after discovering a local rip crew was responsible for multiple carjackings and home invasions in Hidalgo County in order to steal controlled substances or drug proceeds.

Testimony revealed Cerda and other  crew members utilized law enforcement officials to further their drug trafficking activities. Two of those included former Donna Independent School District police Officer Juan F. Mata, 40, of Donna, and former Hidalgo County Court at Law No. 6 bailiff Oscar De La Cruz, 53, of Pharr. Jurors heard Mata conducted fraudulent traffic stops in order to allow members of the organization to steal cocaine hidden in load vehicles. De La Cruz produced fictitious court paperwork or queried sensitive law enforcement and judicial databases the organization would provide to sources of supply in order to retain and steal controlled substances in their possession.

During trial, the jury heard about multiple crimes involving Cerda, Montemayor or both between 2016-2017.

Three of those crimes were carjackings in McAllen and Pharr involving both men in an attempt to steal cocaine. In the second and third instances, rip crew members discharged firearms at the vehicles in order to obtain the controlled substances.

Testimony further revealed Cerda and Montemayor were involved in an attempted robbery which resulted in a shoot-out in a McAllen neighborhood. Another crime involved a home invasion, during which the criminals entered the wrong residence seeking drugs and terrorizing a family, including a female who was eight months pregnant.

Cerda and Montemayor also served as scouts for a drug transaction involving more than 20 kilograms of cocaine Feb. 1, 2017, in McAllen.

Jurors heard that rip crew continued their activities when they also attempted to rob multiple kilograms of cocaine from a vehicle traveling through Mission and McAllen Feb. 27, 2017. Cerda and Montemayor discharged firearms at the targeted load vehicle in an attempt to steal the cocaine. Testimony revealed a bullet struck an occupant of the vehicle and required significant medical attention. 

Cerda was further involved in the carjacking of a tractor trailer in rural Mission July 7, 2016, and a car chase and shootout Jan. 6, 2017. In the first instance, the rip crew threatened a family, including several juveniles, in order to steal a tractor trailer believed to conceal drug proceeds. During the car chase incident, the crew discharged firearms and rammed their vehicles into a vehicle before it ultimately crashed. 

Jurors also heard testimony relating to a home invasion conducted in Mission April 3, 2017, when rip crew members, including Cerda, entered the residence of a suspected drug trafficker armed with firearms to steal more than $100,000 in drug proceeds. 

The jury also heard that casings recovered from three of the crimes were fired from firearms recovered from Cerda’s vehicle.

The defense attempted to convince the jury that althought the crimes had been committed, co-conspirators fabricated Cerda’s and Montemayor’s involvement. They did not believe those claims and convicted both men as charged.

U.S. District Judge Micaela Alvarez presided over the trial and sent sentencing for Dec. 19, 2019. At that time, both men face up to 10 years for conspiracy to possess a firearm, a maximum of 15 years for each of the carjackings and 20 years on each of the robbery counts, a minimum of five and up to 40 years for conspiracy to possess with intent to distribute marijuana as well a minimum of 10 years and up to life in federal prison for the cocaine conspiracy. 

In addition, they face a minimum of seven years and up to life for each of the brandishing firearms convictions and a 10-year minimum up to life for each of the discharging a firearms counts. The firearms sentences must be served consecutively to each other and to the other sentences imposed.

All in all, Montemayor faces a minimum of  54 years, while Cerda faces a minimum of 78 years to life in prison. Both face a maximum lifetime term of imprisonment.

They have been and will remain in custody pending their sentencing hearing.

To date, more than 25 co-conspirators have been convicted in connection with the investigation. Mata and De La Cruz also pleaded guilty and have been sentenced to 130 and 60 months, respectively.

The FBI Safe Streets Task Force and Drug Enforcement Administration conducted the investigation with assistance from Border Patrol, U.S. Marshals Gulf Coast Regional Fugitive Task Force, Immigration and Custom’s Enforcement’s Homeland Security Investigations, Texas Department of Public Safety’s Highway Patrol and Regional Crime Laboratories, Hidalgo County Sheriff’s Office, Hidalgo County District Attorney’s Office and Police Departments in McAllen, Mission, Pharr and San Juan. Assistant U.S. Attorneys Roberto Lopez Jr. and K. Alejandra Andrade are prosecuting the case. 

            CONCORD - Two national pharmacy chains agreed to pay civil monetary penalties to resolve allegations that they violated the Controlled Substances Act by filling fraudulent prescriptions, United States Attorney Scott W. Murray announced today. 

            Pursuant to the terms of the settlement agreements, New Albertsons, L.P., d/b/a Osco Pharmacy agreed to pay $30,000 to resolve allegations that it had filled 13 fraudulent prescriptions for controlled substances at its location in Stratham between December 1, 2013, and July 31, 2014.  Additionally, Maxi Drug North, Inc., d/b/a Rite Aid agreed to pay a penalty of $22,500 to resolve allegations that it had filled 15 fraudulent prescriptions for controlled substances at its location in Concord between December 1, 2013, and June 30, 2014.            

              The Controlled Substances Act prohibits the distribution or dispensing of a controlled substance without a valid prescription.  A valid prescription for a controlled substance must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his or her practice. The investigations in both cases indicated that pharmacists at the pharmacies should have known that patients had presented fraudulent prescriptions that should not have been filled. 

            In entering into these civil settlements, both companies denied liability.  Both companies also cooperated with the government’s investigations.

            “Pharmacies and health care professionals must comply with their legal obligations in order to ensure that controlled substances do not end up in the wrong hands,” said U.S. Attorney Murray.  “When businesses or individuals fail to fulfill these obligations, drugs can be diverted into the black market or otherwise misused.  We will not hesitate to use federal enforcement tools to ensure that members of the health care industry follow the law.”        

            “DEA registrants like Osco and Rite Aid have a corresponding responsibility to dispense controlled substances in accordance with the Controlled Substances Act.  When these responsibilities are not adhered to it allows for the diversion of prescription pain medication which contributes to the widespread abuse of opiates that are devastating our communities,” said DEA Special Agent in Charge Brian D. Boyle.  “Today’s settlements demonstrate DEA’s commitment to improve public safety and public health in New Hampshire.”

            These cases were investigated by the Drug Enforcement Administration’s Diversion Control Division. The cases were handled by Assistant United States Attorney Michael McCormack.

###

ALBANY, NEW YORK – Blake Spears, age 38, of Westmere, Town of Guilderland, New York, was indicted on August 29 on charges of sexual exploiting a child, and child pornography distribution and possession.

The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

The indictment alleges that Spears sexually exploited a child on December 1, 2018, distributed child pornography on December 26, 2018, and possessed child pornography on February 15, 2019. 

A previously filed criminal complaint alleges that Spears used the Kik phone messaging application to distribute child pornography in December 2018.  On February 15, 2019, FBI agents found child pornography on both a USB drive in Spears’s residence and on Spears’s cell phone. 

The charges in the complaint and indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Spears, who has been in custody since February 15, 2019, faces at least 15 years in prison if convicted of all charges, as well as a term of post-release supervision of at least 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the Colonie Police Department and New York State Police.   The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.

BOSTON – Jasiel F. Correia II, the Mayor of Fall River, Massachusetts, has been arrested and charged for allegedly extorting marijuana vendors for hundreds of thousands of dollars in bribes; extorting a building owner for cash and a Rolex watch in exchange for activating the water supply to a commercial building; and demanding that his chief of staff give him half of her salary in return for appointing her and allowing her to keep her city job.  Correia’s former Chief of Staff was also charged today on extortion, theft and bribery, and false statement charges.  Both will appear in federal court today.

Correia, 27, has been charged in a superseding indictment with bribery; extortion conspiracy; extortion and aiding and abetting; wire fraud; and filing false tax returns.  Correia was previously arrested and charged in October 2018 for his involvement in a scheme to defraud investors in a company called SnoOwl, which was co-owned by Correia.  Correia was arrested this morning and will appear in federal court today at 2:30 p.m. on the new charges. 

    Genoveva Andrade, 48, of Somerset, was charged in a criminal complaint with extortion conspiracy; extortion; theft and bribery; and false statements.  Andrade served as Correia’s Chief of Staff from November 2017 through December 2018.  She stepped down in January 2019 to run Correia’s March 2019 recall campaign.  Andrade was arrested and will appear in federal court at 2:45 p.m. today.  

Antonio Costa, 51, of Fall River; Hildegar Camara, 58, of Fall River; and David Hebert, 54, of Westport were charged separately in Informations with extortion conspiracy, extortion, and false statements in connection with subsequent false statements to federal agents about their roles in assisting Correia obtain money and property from marijuana vendors.   Costa, Camara and Hebert will appear in court at a later date.

According to the superseding indictment, Correia agreed to issue non-opposition letters to marijuana vendors, which are required in order to operate in Massachusetts, in return for cash bribes and other payments.  The bribes alleged today ranged from approximately $100,000 to $250,000 in cash, campaign contributions and mortgage discharges - in return for non-opposition letters and host community agreements.   Marijuana was also exchanged for resale.  It is alleged that Andrade and Correia met with marijuana vendors and discussed signing non-opposition letters in return for cash.

Under Massachusetts law, non-opposition letters from the head of local government are required in order to obtain a license to operate a marijuana business.  This is true for medical and recreational marijuana businesses.  These letters state that the head of local government has verified that the proposed facility is in a permissible zoning district.  In this instance, Correia was solely responsible for approving all non-opposition letters.  In addition, applicants seeking marijuana licenses are required to enter into host community agreements, between the marijuana company and the local government, stating that the company will give up to 3% of its gross sales to the local government.

To date, Correia has issued at least 14 non-opposition letters for marijuana businesses to operate in Fall River, including two for his current girlfriend’s brother.  On August 12, 2019, the Fall River City Council passed an ordinance to limit the number of marijuana licenses in Fall River to 20% of off-premise liquor licenses or 11, whichever is greater.  On August 19, 2019, Correia vetoed the order, claiming that it would eliminate competition and that a proponent of the ordinance had a conflict of interest.

It is further alleged that Correia obtained a stream of benefits, including cash and a Rolex watch valued at approximately $7,500 – $12,000, in exchange for official action and assistance that was favorable to Middleman #1 and his business(es) in Fall River.  This included directing Fall River public employees to approve and pay for permits and excavating work to activate the water line for the sprinkler system at Middleman #1’s commercial property in Fall River.    

Lastly - according to the indictment, in November 2017, Correia hired Andrade as his Chief of Staff with a salary of approximately $78,780 for a term of one year.  Less than three weeks later, Correia personally approved a $10,000 “snow stipend” to Andrade. She would receive the $10,000 payment in two installments.  After she received the first installment of $5,353, Andrade allegedly gave Correia $4,300.  After she received the second installment - of $5,353, Andrade again paid Correia $4,300.  

This pattern, in which Andrade promptly kicked back a substantial portion of her paychecks to Correia, continued for approximately eight months.  For instance, Andrade received her first paycheck for $2,046. Four days later, Andrade gave Correia $1,200.  In total, between December 2017 and July 2018, Andrade kick back approximately $22,800 to Correia.  Andrade shared information about the kickback scheme with MJ Vendor #5 allegedly saying, “you want to hear something even more f***ed up … I have to give [Correia] half of my salary.”  

The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release, a fine of up to twice the loss involved and restitution. The charges of filing false tax returns provide for a sentence of up to three years in prison, one year of supervised release, and a fine of $250,000 or twice the gross gain or loss.  The charges of extortion conspiracy provide for a sentence of up to 20 years, three years of supervised release and a $250,000 fine.  The charges of extortion aiding and abetting provide for a sentence of up to 20 years, three years of supervised release and a $250,000 fine.  The bribery charge provides for a sentence of up to 10 years, three years 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; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Joseph Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; and Glenn A. Cunha, Massachusetts Inspector General made the announcement. Assistant U.S. Attorney Zachary Hafer, Chief of Lelling’s Criminal Division, is prosecuting the case.

The details contained in the charging documents are allegations.  The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.