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Bronx Man Arrested For Gunpoint Robbery Of Manhattan Jewelry Store

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Geoffrey S. Berman, United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the Police Department for the City of New York (“NYPD”), announced that PEDRO DAVILA has been arrested for his participation in an armed robbery of a jewelry store in New York, New York, on Sunday, August 25, 2019.  DAVILA was apprehended Sunday night in Pasco County, Florida, by the Pasco County Sheriff’s Office, and will be presented today before United States Magistrate Judge Thomas Wilson in Tampa federal court.  The criminal Complaint, unsealed today, also names JAYSEAN SUTTON as a defendant.  SUTTON remains at large.

U.S. Attorney Geoffrey S. Berman said:  “As alleged in the Complaint, Pedro Davila participated in a brazen daytime robbery, in which victims were held at gunpoint and tied up.  This criminal conduct is intolerable, and thanks to the work of our law enforcement partners, the defendant faces significant federal charges for his alleged crimes.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “In the day and age of technology and cameras, you would think robbers trying to pull off a cinematic heist would think twice.  But these men allegedly took over a jewelry store in Midtown, tied up the employees and robbed it without believing they would get caught.  Their mistakes should be a warning to everyone wanting to be a copycat, you will get caught and pay the price for breaking the law.”

NYPD Commissioner James P. O’Neill stated:  “In working to reduce crime past already record-lows in New York City, the NYPD is relentless in our pursuit of the relatively small percentage of the population driving the violence and disorder. I commend the NYPD investigators involved in this investigation, the U.S. Attorney for the Southern District, and the Federal Bureau of Investigation for their efforts and making these arrests. The NYPD will continue, along with our law enforcement partners, to vigorously pursue and hold responsible individuals responsible for violent criminal activity.”

As alleged in the criminal Complaint:[1] 

On August 25, 2019, DAVILA, SUTTON, and a third co-conspirator committed a brazen gunpoint robbery of a jewelry store in Midtown Manhattan in broad daylight.  Surveillance video from the time of the robbery shows the robbers, two of whom were carrying guns, tying up several employees in a back room and throwing multiple pieces of expensive jewelry into bags before fleeing the store. 

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DAVILA, 27, of the Bronx, and SUTTON, 39, of Brooklyn, are each charged with one count of robbery, which carries a maximum sentence of 20 years in prison; one count of robbery conspiracy, which carries a maximum sentence of 20 years in prison; and one count of brandishing of a firearm, which carries a maximum sentence of life in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Berman praised the outstanding work of the NYPD’s Major Case Squad and the Joint Bank Robbery Task Force of the FBI and the NYPD.  Mr. Berman also thanked the New York/New Jersey Regional Fugitive Task Force of the United States Marshals Service and the Pasco County Sheriff’s Office for their assistance in apprehending DAVILA.  

This case is being handled by the Office’s Violent and Organized Crime Unit and the General Crimes Unit.  Assistant United States Attorneys Christopher J. Clore and Alexander Li are in charge of the prosecution.

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


United States Files Civil Lawsuit Against Edward Snowden

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ALEXANDRIA, Va. – The United States today filed a lawsuit against Edward Snowden, a former employee of the Central Intelligence Agency (CIA) and contractor for the National Security Agency (NSA), who published a book entitled Permanent Record in violation of the non-disclosure agreements he signed with both CIA and NSA.

The lawsuit alleges that Snowden published his book without submitting it to the agencies for pre-publication review, in violation of his express obligations under the agreements he signed. Additionally, the lawsuit alleges that Snowden has given public speeches on intelligence-related matters, also in violation of his non-disclosure agreements.

The United States’ lawsuit does not seek to stop or restrict the publication or distribution of Permanent Record. Rather, under well-established Supreme Court precedent, Snepp v. United States, the government seeks to recover all proceeds earned by Snowden because of his failure to submit his publication for pre-publication review in violation of his alleged contractual and fiduciary obligations. 

The lawsuit also names as nominal defendants the corporate entities involved in publishing Snowden’s book. The United States is suing the publisher solely to ensure that no funds are transferred to Snowden, or at his direction, while the court resolves the United States’ claims. Snowden is currently living outside of the United States.

“Intelligence information should protect our nation, not provide personal profit,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This lawsuit will ensure that Edward Snowden receives no monetary benefits from breaching the trust placed in him.”

“Edward Snowden has violated an obligation he undertook to the United States when he signed agreements as part of his employment by the CIA and as an NSA contractor,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The United States’ ability to protect sensitive national security information depends on employees’ and contractors’ compliance with their non-disclosure agreements, including their pre-publication review obligations. This lawsuit demonstrates that the Department of Justice does not tolerate these breaches of the public’s trust.  We will not permit individuals to enrich themselves, at the expense of the United States, without complying with their pre-publication review obligations.”

This lawsuit is separate from the criminal charges brought against Snowden for his alleged disclosures of classified information. This lawsuit is a civil action, and based solely on Snowden’s failure to comply with the clear pre-publication review obligations included in his signed non-disclosure agreements. 

This matter is being handled by the U.S. Attorney’s Office for the Eastern District of Virginia and the Department of Justice’s Civil Division. 

The claims asserted by the United States are allegations only; there has been no determination of liability.

A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.

Doctor Charged In Manhattan Federal Court For Illegal Distribution Of Oxycodone Pills

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”),  announced the unsealing of an indictment charging RUVIM KRUPKIN, a New York state-licensed doctor, with writing medically unnecessary prescriptions for oxycodone over at least an 11-year period.  KRUPKIN is expected to be presented before U.S. Magistrate Judge Ona T. Wang later today.  The case has been assigned to United States District Judge Analisa Torres.    

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, for more than a decade, as the nationwide opioid crisis mushroomed and left death and destruction in its wake, Ruvim Krupkin wrote thousands of medically unnecessary prescriptions for oxycodone.  He allegedly charged $200 per prescription.  Now he will learn the true cost of his alleged crime.”

FBI Assistant Director William F. Sweeney said:  “While society continues to grapple with a solution to end the plague of drug addiction throughout this country, Ruvim Krupkin, as alleged, was complicit in prescribing medically unnecessary doses of oxycodone pills to patients under his care.  Those with access to a now-virtual prescription pad carry a heavy responsibility to uphold the ethics of their profession.  Those who don’t will be held accountable.”  

NYPD Commissioner James P. O’Neill said:  “As alleged, the doctor who’s charged in this case not only broke the law, he betrayed his oath and his ethical obligations for millions in personal profit – and he did this at a time when the nation and our city was in the throes of an opioid epidemic.  I want to thank the investigators who worked to bring federal charges in this case.  Whether you purport to be a medical professional or you’re a street-level drug dealer, the NYPD and its law enforcement partners will find you and hold you accountable.”

According to the allegations in the Indictment unsealed today in federal court:[1]

From in or about 2006 up to and including July 2017, RUVIM KRUPKIN wrote prescriptions resulting in the unlawful distribution of more than four million oxycodone pills to individuals he knew had no legitimate medical need for this medication.  In exchange for writing these medically unnecessary oxycodone prescriptions, KRUPKIN received over $3.8 million in cash payments.

During the time period charged in the Indictment, KRUPKIN was an internal medicine doctor with specialties in oncology and hematology.  KRUPKIN practiced out of a medical office located in Coney Island, New York.  As a hematologist, KRUPKIN treated patients who had, or claimed to have, sickle cell anemia – a medical condition that can cause pain for which oxycodone, in conjunction with other treatments – may be legitimately prescribed.  However, KRUPKIN wrote thousands of prescriptions for large quantities of oxycodone to patients, knowing that they in fact had no legitimate medical need for the prescriptions.  KRUPKIN generally performed little to no physical examination on these patients; indeed, the medical notes for each patient were largely the same from one visit to the next.  KRUPKIN charged each patient $200 in cash for each visit, payable directly to him. 

Notwithstanding having performed little to no physical examination of the patients, KRUPKIN typically issued them prescriptions for a large dose of oxycodone – typically 180 80-milligram pills, until approximately 2010, when the formula for oxycodone changed, reducing the street value of the 80-milligram pills.  At that time, KRUPKIN began prescribing 180 or 240 30-milligram pills.  KRUPKIN’s patients filled their prescriptions at pharmacies throughout New York, and in certain cases, sold the oxycodone pills they received to drug dealers, who in turn re-sold the pills at high value on the street.  KRUPKIN knew that certain of his patients were diverting the oxycodone pills he was prescribing, but he nonetheless continued writing prescriptions of oxycodone for such individuals. 

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KRUPKIN, 68, of Summit, New Jersey, is charged with one count of participating in a conspiracy to distribute narcotics, which carries a maximum sentence of 20 years in prison.  The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Mr. Berman praised the outstanding investigative work of the FBI-NYPD Health Care Fraud Task Force.  Mr. Berman also thanked the New York City Human Resources Administration for its work on the investigation.

This case is being handled by the Office’s Narcotics Unit.  Assistant United States Attorneys Tara M. La Morte and Alexandra Rothman are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

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

20-Year Illegal Resident Sentenced for Child Pornography Charge

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CORPUS CHRISTI, Texas – A 52-year-old illegal alien who resided in Corpus Christi been sentenced to federal prison for possessing more than 10 thousand child pornography images, announced U.S. Attorney Ryan K. Patrick. Baldemar Cardenas-Martinez pleaded guilty May 20, 2019.

Today, Senior U.S. District Judge John D. Rainey ordered Cardenas to serve a 63-month term of imprisonment. After his sentence, he will have to comply with numerous requirements designed to restrict his access to children and the internet and register as a sex offender. Not a U.S. citizen, he is expected to face removal proceedings following his sentence.

A Mexican citizen, Cardenas was originally granted a Visa which expired in 1997. He has been illegally present in the United States since that time.

The investigation began when authorities went online on a peer-to-peer network which catered to offenders sharing child pornography. Law enforcement was able to download multiple images from the device which belonged to Cardenas.

They conducted a search warrant, at which time they seized multiple electronic devices from the residence. A forensic examination of those devices revealed 10,673 child pornography files.

The Corpus Christi Police Department – Internet Crimes Against Children Task Force and Immigration and Custom’s Enforcement’s Homeland Security Investigations conducted the investigation.

Assistant U.S. Attorney Brittany L. Jensen is prosecuting the case, which 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."

Jackson County Man Charged with Gun & Drug Crimes

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MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Victor Williams, 40, Melrose, Wisconsin has been charged with being a felon in possession of a firearm and ammunition and with four counts of possessing controlled substances with the intent to distribute. 

Williams was charged in a sealed indictment returned on August 28, 2019, by a federal grand jury sitting in Madison, Wisconsin.  The indictment was unsealed on September 9, 2019, when Williams was arraigned in U.S. District Court in Madison.  He is being detained in federal custody pending his trial, which is scheduled for February 3, 2020, before U.S. District Judge William M. Conley. 

The indictment alleges that on July 2, 2019, Williams possessed a 9mm firearm and ammunition, and that he possessed cocaine, heroin, and marijuana with the intent to distribute.  He is charged with two counts of possessing heroin with intent to distribute.  In the second heroin count, the indictment alleges that he possessed heroin in a residence in Melrose.

If convicted, Williams faces a maximum penalty of 10 years in federal prison on the gun charge, and 20 years on each of the drug charges.  The charges against Williams are the result of an investigation by the Tomah Police Department, West Central Metropolitan Enforcement Group, Jackson and Monroe County Sheriffs’ Offices, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Elizabeth Altman is handling the prosecution.

You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

Armed Drug Trafficker Pleads Guilty

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PROVIDENCE – A Providence man stopped by Pawtucket Police for a traffic violation and found to be in possession of a loaded firearm, ammunition, several bags of crack cocaine, and a large bag of marijuana pleaded guilty today in federal court to drug trafficking and firearm charges brought in a Project Safe Neighborhoods investigation.

Scott Arnum, 30, was stopped by Pawtucket Police on September 17, 2017, after he stopped short of pulling out in front of a police cruiser while failing to use a turn signal. According to court documents, as the officer approached the vehicle she smelled a strong odor of marijuana emanating from the vehicle and observed the driver making rapid movements. Arnum complied with the officer’s request to exit the vehicle.

Once out of the vehicle, officers discovered a large bag of marijuana and six bags of crack cocaine inside Arnum’s clothing. A seventh bag fell out of Arnum’s underwear after he was transported to the police station. An inventory of Arnum’s vehicle resulted in the seizure of a loaded 9mm pistol and two loaded 9mm magazines from inside the vehicle’s glovebox.

According to court records, Arnum was previously convicted in federal court for possession of crack cocaine with the intent to distribute and being a felon in possession of a firearm. In December 2010, Arnum was sentenced to 84 months in federal prison to be followed by 5 years of supervised release.

Appearing today before U.S. District Court Chief Judge William E. Smith, Arnum pleaded guilty to possession with the intent to distribute crack cocaine, felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking, announced United States Attorney Aaron L. Weisman, Pawtucket Police Chief Tina Goncalves, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division Brian D. Boyle, and Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Kelly D. Brady.

Arnum is scheduled to be sentenced on December 6, 2019. Possession of crack cocaine is punishable by statutory penalties of up to 20 years in federal prison followed by at least 3 years supervised release. Possession of a firearm in furtherance of drug trafficking is punishable by a mandatory minimum sentence of 5 years up to life imprisonment consecutive to any other sentence imposed in this matter followed by up to 5 years supervised release. Felon in possession of a firearm is punishable by up to 10 years of incarceration followed by up to 3 years supervised release.

This Project Safe Neighborhoods case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.

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

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Louisville Man Who Shot At LMPD Officer Pleads Guilty To Federal Crime

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LOUISVILLE, Ky. – A Louisville, Kentucky, man has pleaded guilty to the federal crime of being a felon in possession of a firearm, announced United States Attorney Russell Coleman.  

Elijah Eubanks, age 21, was charged by a Louisville federal Grand Jury on July 24, 2018, in a single count Indictment of being a felon in possession of a Ruger .357 caliber revolver.  Eubanks pleaded guilty to the Indictment yesterday in U.S. District Court.

The federal charge stemmed from a shooting involving a Louisville Metropolitan Police Officer on March 31, 2018.  Eubanks fired at an officer who attempted to question him while he was in a vehicle with another person.  Jefferson County Commonwealth Attorney Tom Wine’s Office previously convicted Eubanks of attempted murder for this incident. 

At the time of the March 31st shooting, Eubanks had previously pleaded guilty to one count of Wanton Endangerment I, and one count of Criminal Mischief I, in Jefferson Circuit Court on November 2016, as part of a pre-trial diversion agreement.  He was prohibited from possessing a firearm because of his guilty plea.

“Shoot a peace officer, shoot at a peace officer, and the United States Attorney’s Office will seek to send you to federal prison for as long as the law allows” said U.S. Attorney Russell Coleman. 

Eubanks is scheduled for sentencing on November 1, 2019, at 10 a.m., before United States District Court Judge David J. Hale.

The maximum sentence for unlawfully possessing a firearm is no more than ten years in federal prison, a $250,000 fine, and three years of supervised release. There is no parole in the federal system.

The case is being prosecuted by Assistant United States Attorney Amanda Gregory and it was investigated by the Louisville Metro Police Department (LMPD) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

 

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Georgia Supplier Sentenced To Ten Years In Federal Prison For Drug Charge

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Jacksonville, FL – U.S. District Judge Brian J. Davis has sentenced Anthony Donta Jones (39, Atlanta) to 10 years in federal prison for possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine. Jones was found guilty on April 10, 2019.

According to court documents, on May 23, 2018, Jones traveled to Jacksonville, Florida from Atlanta, Georgia, after agreeing to deliver 15 pounds of methamphetamine to a confidential informant. Jones arrived in Jacksonville where he was detained. A Jacksonville Sheriff’s Office canine performed a narcotics “sniff” of Jones’ vehicle and alerted to the presence of narcotics near the vehicle’s trunk. Agents then searched the vehicle and located six gallon-sized plastic bags containing methamphetamine that was concealed in comforter bags. Agents also located a stolen, loaded Ruger .38 caliber revolver in the driver’s side door and seized a total of $2,611 in U.S. currency.

This case was investigated by the Drug Enforcement Administration, along with the Putnam County Sheriff’s Office, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Beatriz Gonzalez.


Schuylkill County Man Sentenced To Ten Years’ Imprisonment For Heroin Trafficking

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Anthony Navarro-Velez, age 34, of Shenandoah, Pennsylvania, was sentenced on September 9, 2019, to 121 months’ imprisonment by Senior U.S. District Court Judge James M. Munley, for his role in a conspiracy to distribute and possess with intent to distribute more than a kilogram of heroin.

According to United States Attorney David J. Freed, Navarro-Velez previously pleaded guilty to participating in the conspiracy during 2014 and 2015. Navarro-Velez admitted that he and others in the conspiracy distributed between one and three kilograms of heroin, which is approximately equivalent to between 40,000 and 120,000 retail bags of heroin. The heroin was obtained from suppliers in Paterson, New Jersey, and Hazleton, Pennsylvania.

Judge Munley also ordered Navarro-Velez to serve five years on supervised release following his prison sentence, and to forfeit firearms and his share of cash seized during the investigation.

The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Shenandoah Police. Assistant United States Attorney Francis P. Sempa prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

                       

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Two RGV Residents Order to Pay More Than $860,00 in Restitution

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McALLEN, Texas – A durable medical equipment (DME) company owner and his biller have been sentenced for conspiring to submit fraudulent claims to Texas Medicaid, announced U.S. Attorney Ryan K. Patrick.

Edinburg resident Everardo Villarreal, 46, of Edinburg, and his secretary and Medicaid biller, Delilah Rae Robles, 39, of Weslaco, pleaded guilty June 24, 2019, admitting they submitted false claims for DME that was never delivered to Medicaid beneficiaries.

Today, U.S. District Judge Micaela Alvarez imposed a 40-month sentence for Villarreal, while Robles was sentenced to time served plus six months home confinement. Both will also be ordered to serve three years of supervised release following their sentences and have been ordered to pay restitution in the amount of $869,693.92. 

Villarreal was the owner and operator of now defunct Durable Medical Supply Depot of Elsa. From on or about April 2010 to on or about September 2014, he and Robles billed Texas Medicaid in excess of $1,500,000 for DME that was either never delivered or were only partially delivered to Medicaid beneficiaries. Both Villarreal and Robles purchased or arranged for the purchase of personal identification numbers of local Medicaid beneficiaries in order to submit the false and fraudulent claims. 

Previously released on bond, both were permitted to remain on bond.  Villarreal will voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

The Texas Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services – Office of Inspector General and FBI conducted the investigation. Assistant U.S. Attorney (AUSA) Cynthia A. Villanueva and former Special AUSA Marian Swanberg prosecuted the case.

Hamden Deli Owner Sentenced to Prison for Tax Evasion

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John H. Durham, United States Attorney for the District of Connecticut, announced that RAYMOND GEORGE, 52, of Hamden, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to nine months of imprisonment, followed by one year of supervised release, for tax evasion.  Judge Underhill also ordered George to pay a $5,000 fine.

According to court documents and statements made in court, George owns and operates a Ray & Mike’s, LLC, a delicatessen located at 3030 Whitney Avenue in Hamden.  For the 2012 and 2013 tax years, George evaded payment of his federal income taxes in multiple ways.  First, George failed to deposit all of the cash receipts of the business into his business bank account.  He used a portion of the cash to fill an in-store ATM and failed to report the cash as income.

In addition, George used the Ray & Mike business account to pay personal expenses.  He also deposited three large checks totaling nearly $300,000 from the Ray & Mike’s business account into his personal investment account, without reporting the funds as income in any capacity, and then withdrew funds from the investment account to purchase personal investment properties.  He also deposited a $25,800 check from the Ray & Mike’s lottery account into his personal investment account without reporting the funds as income.

On his federal tax returns, George underreported his income by approximately $365,065 for the 2012 tax year and by $273,108 for the 2013 tax year, and failed to pay a total of approximately $220,000 in taxes for those two years.

George has paid the IRS approximately $480,000 in back taxes, interest and penalties.

On May 17, 2019, George pleaded guilty to one count of tax evasion.

George, who is released on a $100,000 bond, is required to report to prison on March 17, 2020.

This case was investigated by the Internal Revenue Service – Criminal Investigation Division, and was prosecuted by Assistant U.S. Attorney Michael S. McGarry with the assistance of Law Student Intern Virginia Manoyan.

Illegal Alien Involved in Deadly Interstate 70 Crash Sentenced to 42 Months

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INDIANAPOLIS - United States Attorney Josh J. Minkler announced that a Guatemalan man who was involved in a February 2018 crash that killed Indianapolis Colts player Edwin Jackson and rideshare driver Jeffrey Monroe was convicted and sentenced for illegally reentering the United States after having been previously deported. Manuel Orrego-Zavala, 38, was sentenced following a guilty plea to 42 months in federal prison by U.S. District Chief Judge Jane E. Magnus-Stinson at the federal courthouse in Indianapolis.

"Mr. Orrego-Zavala re-entered the country illegally for the second time before he put the public safety of Indianapolis at risk and took the lives of two innocent men on February 4, 2018," said Minkler. "This prosecution represents our office’s commitment to charging aliens that illegally re-enter the country, especially if they are a risk to public safety or there is a criminal history present." According to court records, Orrego-Zavala was convicted of two drug felonies in California prior to his removal from the United States the first time in 2007. Orrego-Zavala was found in the United States again in May 2009 and subsequently removed a second time.

On February 4, 2018, Orrego-Zavala was back in the United States illegally and driving a pickup truck westbound on Interstate 70 in Indianapolis. Orrego-Zavala swerved and struck Monroe and his rideshare passenger, Jackson, who were standing alongside the highway after Jackson had become ill and Monroe pulled over. The impact killed Monroe and Jackson. Orrego-Zavala, who had a blood alcohol content of twice the legal limit, was later convicted in state court and sentenced to 16 years for causing death when operating a vehicle while under the influence of alcohol.

At the sentencing hearing, Assistant United States Attorney William L. McCoskey told the Court that a consecutive federal sentence would be appropriate because it would "send a strong message to the defendant and others similarly situated that we are a nation of laws, and that there are real consequences that come from violating those laws."

Chief Judge Magnus-Stinson ordered that Orrego-Zavala’s sentence of 42 months must be served consecutively to the state sentence of 16 years.

This case was the result of an investigation by the Indiana State Police and the Department of Homeland Security.

"This individual’s criminal and immigration histories clearly demonstrate a total disregard for U.S. law," said Special Agent in Charge James M. Gibbons. "Let this sentence serve as a reminder that Homeland Security Investigations prioritizes the prosecution of those who are intent on disrespecting our laws and putting the community at risk."

In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute illegal immigration cases. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 1.8

New Jersey Tax Return Preparer Sentenced To Six Years In Prison For False Tax Filing

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NEWARK, N.J. – A tax preparer from Bergen County, New Jersey, was sentenced today to 72 months in prison for filing false federal income tax returns, stealing client refunds, and committing identity theft in connection with refunds stolen from a deceased taxpayer, U.S. Attorney Craig Carpenito announced.

Wayne Dunich-Kolb, 54, previously pleaded guilty before U.S. District Judge Kevin McNulty to four counts of a second superseding indictment: aiding and assisting preparation of false tax returns; subscribing to false tax returns; mail fraud while on pretrial release; and aggravated identity theft. Judge McNulty imposed the sentence today in Newark federal court.

According to documents filed in this case and statements made in court:

Dunich-Kolb operated a tax preparation business through which he prepared and filed tax returns through various tax preparation entities, including Dunich-Kolb LLC, Jadran Services Corp., Adriatica Payroll Corp., Adriatica Tax Planning LLC, and Adriatic Tax Planning LLC (collectively, the “tax preparation entities”), which he ran from his former residences in Saddle River and Montvale, New Jersey. Dunich-Kolb also maintained a U.S. Post Office box in Las Vegas, Nevada, that he used in connection with his tax preparation business.

Dunich-Kolb caused many of his clients to form fictitious partnerships or corporations that existed in name only and had no business purpose other than to falsely reduce the clients’ tax liability. He prepared fraudulent business returns for clients’ fictitious businesses by fabricating and inflating business expenses, such as advertising, travel and other miscellaneous expenses, in order to generate fraudulent business and partnership losses, which he then used to substantially reduce taxpayers’ taxable income on their individual federal income tax returns.

Dunich-Kolb falsified clients’ individual federal income tax returns, partnership returns, and corporation returns by fabricating and inflating: (1) business and partnership Schedule K-1 losses; (2) deductions for unreimbursed employee business expenses, including home office, vehicle mileage and fuel expenses; and (3) expenses and cost basis of rental properties, including vehicle mileage and travel expenses for rentals located within or a short distance from the primary residence.

Dunich-Kolb also falsified his own personal federal income tax returns by substantially underreporting income from his tax preparation and accounting business. For tax year 2008, Dunich-Kolb received gross income totaling approximately $638,000 while claiming income of only $489.

Dunich-Kolb also stole certain clients’ federal tax refunds, including the refunds of a deceased client, by causing the IRS to mail the refund checks to Dunich-Kolb’s Las Vegas Post Office box, from where they were forwarded to Dunich-Kolb’s residence in Montvale. Dunich-Kolb, without authorization, used the Social Security numbers of the deceased client and another client on IRS forms claiming that the latter client was entitled to the deceased client’s refunds for tax years 2013 and 2014 and causing the IRS to mail the deceased client’s refunds to his Las Vegas Post Office box. Once in receipt of the clients’ tax refund checks, Dunich-Kolb deposited the checks into accounts that he controlled and converted the funds to his own personal use.

In addition to the prison term, Judge McNulty sentenced Dunich-Kolb to three years of supervised release and ordered him to pay restitution of $2.2 million to the IRS.

U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan R. Tafur, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Sarah Devlin, Chief of the Asset Recovery and Money Laundering Unit.

Defense counsel: Jeffrey G. Garrigan Esq., Summit, New Jersey

Columbia Man Sentenced to 4 Years in Federal Prison on Firearm Charge

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Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Tyrone Mayes, 28, of Columbia, was sentenced to 4 years in federal prison after pleading guilty to being a felon in possession of a firearm and ammunition.

Evidence presented to the court showed that Mayes, a convicted felon, possessed a loaded 9mm handgun, along with ammunition, while fishing on the Santee River in Calhoun County.  On October 15, 2017, an officer with the Department of Natural Resources (DNR) approached the boat where Mayes was fishing to conduct a safety inspection.  While conducting the inspection, the Officer asked to see the contents of a drawstring bag that Mayes was holding to check for fish.  Mayes did not allow the officer to inspect the bag, but instead jumped into the water with the bag in hand and dropped the bag in the river.  Later, DNR assembled a dive team, along with other officers, to search for the bag in the river.  The dive team recovered the bag after approximately 2 ½ hours, finding a loaded 9mm handgun, along with ammunition, digital scales, and a cell phone.   The gun had been previously reported as stolen from a vehicle.  Mayes, a felon, admitted to possessing the gun and ammunition.

Federal law prohibits Mayes from possessing firearms and ammunition because of his felony status.  His prior state felony convictions include: 2nd degree burglary (2006), grand larceny (2010), and 2 counts of attempted murder (2013).

United States District Judge J. Michelle Childs sentenced Mayes to 48 months in federal prison, to be followed by a 2-year term of court-ordered supervision.  There is no parole in the federal system.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the South Carolina DNR.  It was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.  Assistant United States Attorney Beth Warren of the Columbia office and Executive Assistant United States Attorney Charlie Bourne of the Charleston office prosecuted the case.

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U.S. Attorney launches high school drug-free PSA contest

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WHEELING, WEST VIRGINIA – U.S. Attorney Bill Powell is encouraging high school students from across his district to spread the message of the dangers of drugs by holding a public service announcement contest.

“We obviously feel that aggressive prosecutions are a really important part of the drug battle. However, prevention and treatment are equally important goals. When students recognize the dangers of drug abuse, are educated on prevention efforts and encouraged in the process, significant progress can be made. We encourage as many students as possible to get involved,” said Powell.

The contest, which is open to all high schools in the 32 counties in the Northern District of West Virginia, is a chance for the students to write, act, and produce in their own television PSA, promoting a drug-free high school. Students are encouraged to come up with a drug-free message to share with their peers, produce a 60-second video, and submit the video to the contest by December 15, 2019.

All videos will be watched and judged by a panel of law enforcement partners and television professionals. The winner will be announced at the Cancer Research Classic basketball tournament January 3 and 4, 2020 at WesBanco Arena in Wheeling. The winner will receive an award from the U.S. Attorney’s Office, and the PSA will be shared with media outlets across the district for airing. All videos submitted to the contest will be showcased at the tournament. 

Students are encouraged to join the Drug Free Club of America at their school to gain free admission to the event. For contest rules, questions, and more details, call 304-234-7743.
 


Two Plead Guilty in Decades Long Scheme to Defraud the U.S. Government

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PROVIDENCE – A Rhode Island couple has pleaded guilty in federal court to charges they participated in a scheme that lasted more than twenty years to defraud the United States Government of hundreds of thousands of dollars in federally-funded benefits.

Lens Chappell, a/k/a Carter Jefferson, 71, and his wife, Mulin Alexandre, a/k/a Kesa Pittman and later Kesa Jefferson, 40, of Providence, admitted they jointly participated in schemes to fraudulently obtain government documents, state Medicaid, as well as federally-funded U.S. Department of Housing and Urban Development (HUD), U.S Health and Human Services (HHS) and Social Security benefits dating back to at least 1998.

Appearing today before U.S. District Court Judge John J. McConnell, Jr., Lens Chappell pleaded guilty to conspiracy to defraud the United States, theft of public money, false statement in a passport application or use, and aggravated identity theft. On Monday, Mulin Alexandre pleaded guilty before U.S. District Court Judge John J. McConnell, Jr. to conspiracy to defraud the United States and passport fraud. Both will be sentenced on December 4, 2019.

According to court documents, beginning in 1998, Lens Chappell took on a relative’s identity and used that identity and a stolen identity to identify his wife in order to obtain government documents, including passports. Chappell arranged for Alexandre to come from her native Haiti to the United States unlawfully, changing her identity to Kesa Pittman and later Kesa Jefferson.

The pair used the fraudulent identities to obtain state Medicaid benefits and federally-funded benefits from HUD, HHS, and Social Security.  According to information presented to the Court, from 1998 to 2014, it is alleged that the Providence couple fraudulently received an estimated $450,000 in federally-funded benefits they were not entitled to receive.

Lens Chappell and Mulin Alexandre’s guilty pleas are announced by United States Attorney Aaron L. Weisman; Rhode Island Attorney General Peter F. Neronha; Scott E. Antolik, Special Agent in Charge of the Boston Field Office of the Social Security Administration, Office of the Inspector General/Office of Investigations; U.S. Department of Health and Human Services, Office of Inspector General Special Agent in Charge Phillip M. Coyne, Special Agent in Charge of the Boston Field Office of the U.S. Department of State, Diplomatic Security Service William B. Gannon; Christina D. Scaringi, Special Agent in Charge of the Northeast Region of the U.S. Department of Housing and Urban Development Office of Inspector General; and Superintendent of the Rhode Island State Police Colonel James M. Manni.

United States Attorney Aaron L. Weisman thanks the Rhode Island Department of the Attorney General and the Rhode Island Department of Human Services for their continued assistance in the investigation of this matter and support in the preparation of this case for prosecution in federal court.

The case is being jointly prosecuted in U.S. District Court by Assistant United States Attorney Terrence P. Donnelly and Rhode Island Special Assistant Attorney General David T. Bonzagni.

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Illegal Alien and Convicted Bank Robber Sentenced for Fourth Illegal Reentry into United States

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PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Mario Calderon-Medina, 55, a native and citizen of Mexico, was sentenced to 15 months’ imprisonment and one year of supervised release by United States District Judge Juan R. Sanchez for illegally reentering the United States after having been deported previously.  The defendant was found by the judge to fall within Criminal History Category II based on his previous offenses.

Calderon-Medina reentered the United States illegally after having been deported to his native Mexico four times, the most recent occurrence being in 2003.  During his most recent illegal return to this country, he committed a bank robbery in Montgomery County, PA, for which he was sentenced to 1½ to 3 years in state prison.

“The defendant has demonstrated a complete lack of respect for our country’s laws and has also now clearly shown that he represents a danger to the community if he should return again,” said First Assistant U.S. Attorney Williams.  “The need to enforce immigration law is underscored in this case when an alien not only reenters the country unlawfully, but commits a serious crime upon his reentry.”

The case was investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations, and is being prosecuted by Assistant United States Attorneys Sarah Wolfe and Thomas Perricone.

Columbia Man Pleads to Federal Charges of Conspiracy to Sex Traffic Minors and Benefiting from Sex Trafficking of Minors

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Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Donnell Salethian Woodard, a/k/a “Tank,” age 31, of Columbia, pleaded guilty in federal court to conspiracy to sex traffic minors and benefiting from sex trafficking of minors.

Evidence presented to the court showed that on November 21, 2017, undercover officers with the Lexington Police Department encountered a minor advertising sex via a website. An undercover officer set up a time to meet with the minor at a local motel, wherein officers observed the minor being dropped off by Woodard and India Tykeyah-Najee Cuyler, a/k/a “Lady Tank,” age 24. Officers placed both Woodard and Cuyler under arrest. The investigation led to another nearby motel where a second minor, who was also involved in the illegal venture, was located. The investigation revealed Woodard and Cuyler were using a cell phone to post advertisements for commercial sex with the minors on a website and taking a portion of the proceeds. Woodard and Cuyler were both charged federally.

Woodard faces of mandatory minimum sentence of 10 years in federal prison with a maximum of life, a fine of $250,000, a trafficking fund special assessment of $5,000, mandatory registration as a sex offender, and at least 5 years and up to a lifetime of supervised release.  Cuyler previously pleaded guilty in federal court to using a facility of interstate commerce (a cell phone) to entice a minor under the age of 18 to engage in sexual activity and is awaiting sentencing. Cuyler faces a mandatory minimum sentence of 10 years in federal prison with a maximum of life, a fine of $250,000, a trafficking fund special assessment of $5,000, mandatory registration as a sex offender, and at least 5 years and up to a lifetime of supervised release. United States District Judge J. Michelle Childs of Columbia accepted the guilty pleas and will sentence both Woodard and Cuyler after receiving and reviewing sentencing reports prepared by the United States Probation Office.

The case was investigated by the Federal Bureau of Investigation (FBI), the Lexington Police Department, and the West Columbia Police Department.  It was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.

Assistant United States Attorney Stacey D. Haynes of the Columbia office is prosecuting the case.

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Rock Island Felon to Serve Seven Years in Federal Prison for Illegally Possessing Firearm

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ROCK ISLAND, Ill. – On Sept. 16, 2019, Chief U.S. District Judge Sara Darrow sentenced Matthew Eric Moultrie, 20, of Rock Island, Ill., to seven years in federal prison for illegally possessing a firearm. Judge Darrow ordered that the federal sentence be served consecutively to two other criminal cases Moultrie has in Rock Island County.

On March 9, 2019, Moultrie pleaded guilty to the federal indictment that charged him with possessing a firearm as a felon on Sept. 14, 2018. According to court documents, on Sept. 14, 2018, Moultrie, a self-identified gang member, fired multiple rounds at an occupied vehicle in Rock Island. After officers identified Moultrie later that evening, he fled into an occupied home. Moultrie’s flight led to a two-hour standoff with law enforcement that ended with his surrender and arrest.

In ordering a sentence above the guideline range prescribed by the U.S. Sentencing Guidelines, Chief Judge Darrow found that Moultrie’s criminal behavior was aggravated, as he had posed a serious risk to his victims, the arresting officers, and the community at large.

The Rock Island Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the criminal investigation. Assistant U.S. Attorney Kevin Knight represented the government in the federal prosecution, in coordination with the Rock Island County State’s Attorney’s Office.

Virginia man indicted for falsely altering his military discharge papers

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MARTINSBURG, WEST VIRGINIA – Jon Sterling Williams, of Richmond, Virginia, was indicted today on a charge of falsely altering his military discharge paperwork, United States Attorney Bill Powell announced.

Williams, age 56, was indicted one count of “Altered Army Discharge Certificate.”  Williams is accused of having a falsely altered discharge certificate, claiming he was awarded a Silver Star, two Purple Hearts, and two Bronze Stars. He was allegedly in possession of the certificate in January 2019 in Berkeley County.

Williams faces up to one year incarceration and a fine of up to $100,000.  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 Jeffrey A. Finucane is prosecuting the case on behalf of the government. The Veterans Affairs Police investigated. 

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

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