Florence, South Carolina – United States Attorney Sherri A. Lydon announced today that theUnited States Attorney’s Office; theSouth Carolina Department of Probation, Parole and Pardon Services; South Carolina Department of Employment and Workforce; SC Works; South Carolina Vocational Rehabilitation; South Carolina Department of Social Services; and the United States Probation Office are continuing their statewide partnership to help individuals with prior criminal backgrounds secure employment.

The Fourth Annual Pee Dee Reentry Job Fair & Expo will be held on Thursday, September 26, 2019, from 10:00 am to 1:00 pm at the Central Carolina Technical Advanced Manufacturing Technology Center, located at 853 Broad Street, Sumter, South Carolina 29150.

This fair, which targets the Pee Dee and eastern region of the State, is one in a series of fairs held annually, including in the Low Country, the Upstate, and the Midlands. The partner organizations believe that these tailored expos, for people with a criminal background, will provide some focused help for the particular obstacles individuals face after returning home, particularly in securing employment.

The first three Pee Dee Reentry Job Fairs were hosted in Florence and Myrtle Beach, where more than 600 job seekers attended over the three years, combined.  The opportunity to host this year’s fair in Sumter will continue to expand the availability of resources to new employers and job seekers alike.

Professional dress is required. Job seekers should inquire with Marcos Barahona of the United States Probation Office at Marcos_Barahona@scp.uscourts.gov or George Whitehead at (803) 734-9143, (803) 667-1258, or george.whitehead@ppp.sc.gov if they have any questions about the event.  Employers should contact Nicole Gardner at ngardner@dew.sc.gov.

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PITTSBURGH – Peter Rene Sanchez Montalvo aka Carlos has been charged by federal criminal complaint with illegal distribution of a controlled substance resulting in death and serious bodily injury, United States Attorney Scott W. Brady, FBI Special Agent in Charge Robert Jones and Pittsburgh Public Safety Director Wendell Hissrich announced today.

According to the federal criminal complaint filed in this case, Montalvo was arrested early this morning at a residence in McKees Rocks, Pennsylvania, a Pittsburgh suburb. According to the affidavit in support of the complaint, the overdoses occurred after Montalvo distributed narcotics at an apartment on the South Side. During the party, Montalvo, wearing distinctive clothing, produced a large quantity of powdered narcotics in a box. He then cut into the narcotics and scooped out a large quantity of what the users believed was cocaine. Montalvo then started going around the room with the knife, allowing individuals to sniff the white powder from it. The surviving users stated that after they did a "bump" of suspected cocaine people immediately began to drop and suffer adverse effects. Investigation by the Allegheny County Medical Examiner’s Office has initially determined the presence of fentanyl in the white powder. Pittsburgh Police Zone 3 Officers and first responders from Pittsburgh Medics and Fire Departments were dispatched to the apartments at 2626 Tunnel Blvd. Upon entering the building one adult male was found deceased outside of an elevator. Five additional persons were located inside the apartment: two deceased males and three males suffering from a medical emergency, who were transported to UPMC Mercy.

Montalvo was arrested today and is scheduled to make an initial appearance in federal court at 1:30 p.m. before U.S. Magistrate Judge Patricia Dodge. The United States Attorney’s Office intends to seek detention of the defendant without bail. Assistant United States Attorney Brendan Conway is prosecuting this case on behalf of the government.

The law provides for a maximum total sentence of not less than 20 years and up to life in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

The investigation leading to the filing of charges in these cases was conducted by the FBI’s Western Pennsylvania Opioid Task Force, which is comprised of law enforcement officers from the FBI, Port Authority Police of Allegheny County, the Allegheny County Sheriff’s Office, the North Versailles Police Department and the Stowe Twp. Police Department, along with the Pittsburgh

Bureau of Police and the Drug Enforcement Administration.

A criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

Related Documents

• Criminal Complaint - Montalvo

PROVIDENCE – A former Pawtucket man who, while incarcerated in the Rhode Island Adult Correctional Institutions (ACI), made arrangements for the disposal of a firearm stored at his residence, and within six weeks of his release from state prison in April 2019 was arrested for twice selling crack cocaine to an undercover law enforcement officer who lived in Massachusetts, was sentenced today to 5 years in federal prison.

Shortly after his release from the ACI on April 11, 2018, Ricardo Dominquez, 24, contacted the same undercover out-of-state law enforcement officer that purchased his firearm and offered to sell him crack cocaine. Dominquez was arrested on May 22, 2018, for twice selling crack cocaine to the law enforcement officer.

Dominquez pleaded guilty on April 12, 2019, to two counts of distribution of 28 grams or more of cocaine base. He was sentenced today by U.S. District Court Chief Judge William E. Smith to 60 months in federal prison to be followed by 4 years of supervised release.

Gary Pagnozzi, 60, of Pawtucket, admitted to selling Dominquez’s .44 caliber revolver along with 3.5 grams of crack cocaine to the undercover law enforcement officer on April 5, 2018. Dominquez had called Pagnozzi from inside the ACI and asked him to retrieve and sell the firearm. He sold it that same day for $500 along with 3.5 grams of crack cocaine for $200.

Pagnozzi was sentenced by U.S. District Court Judge John J. McConnell, Jr., on September 12, 2019, to one year and a day in federal prison, to be followed by three years supervised release, the first six months to be served in a Pawtucket residential reentry center.

Dominquez and Pagnozzi’s sentences are announced by United States Attorney Aaron L. Weisman and Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Kelly D. Brady.

The cases were prosecuted by Assistant U.S. Attorney Milind M. Shah. The matters were investigated by ATF and the Rhode Island ATF Task Force.

United States Attorney Aaron L. Weisman thanks the Department of Corrections for their assistance in the investigation of Ricardo Dominquez and Gary Pagnozzi.

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BOSTON – Thirty eight people have been charged with federal drug offenses, and at least a dozen more individuals face state charges, as part of a 10-week coordinated enforcement operation in the Merrimack Valley called “Devil’s Highway.”  

The 10-week enforcement operation, which took place during the summer months, was a coordinated effort by federal, state, and local partners to focus on drug distribution activity in the City of Lawrence and between Lawrence and destinations in New Hampshire. The operation targeted the distribution of opioids, including fentanyl and heroin, and resulted in charges against a total of 38 people for federal drug offenses, with at least a dozen more individuals facing state charges. In total, Operation Devil’s Highway resulted in the seizure of more than 14 kilograms of fentanyl, five kilograms of heroin, 29 kilograms of cocaine, four firearms, and body armor.

“Operation Devil’s Highway was tremendously successful in targeting street-level drug trafficking in Lawrence, which is a hub of illegal drug distribution for all of New England,” said United States Attorney Andrew E. Lelling. “This kind of operation can only succeed with the full commitment of federal, state and local law enforcement agencies, coupled with realistic planning to target the most prolific drug distributors. This will not be the last time we target drug dealers in Lawrence or their customers from points north.”

“Operation Devil’s Highway should serve as a warning to others thinking of filling the void created by these arrests—we aren’t finished. Everyone arrested this summer allegedly exploited Lawrence as their drug-trafficking hub, bringing perilous opioids like fentanyl and heroin - in addition to cocaine and marijuana - to neighborhoods across New England,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “That’s why the FBI and our law enforcement partners will not relent in putting those distributors profiting from addiction and lawlessness out of business, so that the hometowns they harm might heal.”

“DEA’s top priority is combatting the opioid epidemic by bringing to justice anyone who distributes deadly drugs,” said DEA Special Agent in Charge Brian D. Boyle. “Illegal drug distribution ravages the very foundations of our families and communities. These enforcement actions with our federal, state and local partners show what happens when law enforcement works together.”

“The scourge of addiction continues to be fueled by Transnational Criminal Organizations who flood the streets of our commonwealth with poison. Motivated only by profit, we know all too well, that tackling this complex threat involves a united, comprehensive strategy and an aggressive approach by multiple entities across all levels of government,” said Jason J. Molina, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Boston. “The results of this operation should send a clear message that HSI Special Agents remain committed to combatting the opioid crisis by pursuing traffickers at every level of the supply chain.” 

The majority of criminal charges resulted from weekly “sweeps” in the City of Lawrence that targeted individuals distributing opioids. The enforcement actions brought together 40-60 federal, state, and local officers from Massachusetts and New Hampshire each week to conduct surveillance, investigate and arrest defendants.

During the operation, the following defendants were arrested on federal charges:

1. Jason Medlen, 32, of Methuen, charged with conspiracy to possess with intent to distribute 40 grams or more of fentanyl and possession with intent to distribute 40 grams or more of fentanyl;
2. Louis Delvecchio, 51, of Methuen, charged with conspiracy to possess with intent to distribute 40 grams or more of fentanyl and possession with intent to distribute 40 grams or more of fentanyl;
3. Santos Obispo Guerrera Lara, 35, of Lawrence, charged with possession with intent to distribute fentanyl;
4. Douglas “Sunny” Grasso, 34, of Lawrence, charged with conspiracy to distribute fentanyl and possession with intent to distribute 40 grams or more of fentanyl;
5. Brian Brae, 35, of Lawrence, charged with conspiracy to distribute fentanyl and possession with intent to distribute 40 grams or more of fentanyl; 
6. Enel Alfredo Mendez-Aquino, 29, of Lawrence, charged with distribution of fentanyl and cocaine;
7. Jorge Alexander Andujar Romero, 29, of Lawrence, charged with distribution of and possession with intent to distribute fentanyl;
8. Edward Jesis Mar Carmona Ortiz, 42, of Lawrence, charged with possession with intent to distribute fentanyl;
9. Steven de Jesus de Leon Trinidad, 22, of Lawrence, charged with distribution and possession with intent to distribute a heroine/fentanyl mix;
10. Luis Felix Franco Herrera, 21, of Lawrence, charged with distribution of and possession with intent to distribute fentanyl;
11. Jose Rodriquez-Walker, 32, of Lawrence, charged with possession with intent to distribute fentanyl;
12. Johanny Mejia-Nunez, 43, of Lawrence, charged with possession with intent to distribute 400 grams or more of fentanyl;
13. Ronyel Pena, 18, of Lawrence, charged with conspiracy to distribute and possess with intent to distribute fentanyl;
14. Joe Martinez, 24, of Lawrence, charged with conspiracy to distribute and possess with intent to distribute fentanyl;
15. Ysrael Nunez, 37, of Lawrence, charged with conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl; distribution of and possession with intent to distribute fentanyl; distribution of and possession with intent to distribute 400 grams or more of fentanyl; and aiding and abetting;
16. William Cabrera, 30, of Lawrence, charged with distribution of and possession with intent to distribute heroin; and possession with intent to distribute heroin and oxycodone;
17. Oscar Guadalupe Martinez, 37, of North Andover, charged with conspiracy with intent to distribute and distribution of 400 grams or more of fentanyl and 1 kilogram or more of heroin;
18. Stiven Torres Martinez, 21, of North Andover, charged with conspiracy with intent to distribute and distribution of 400 grams or more of fentanyl and 1 kilogram or more of heroin;
19. Jason Jimenez, 24, of Bronx, New York, charged with possession with intent to distribute over 40 grams of fentanyl;
20. Milton Elias Lara, 42, of Lawrence, charged with distribution of and possession with intent to distribute 40 grams or more of fentanyl;
21. Alexsander Padro, 28, of Methuen, charged with distribution of 40 grams or more of fentanyl;
22. John Mena, 24, of Lawrence, charged with possession with intent to distribute and distribution of 10 grams or more of acryl fentanyl, a controlled substance analogue;
23. Yunior Darismir Prandys Torres, 22, of Lawrence, charged with conspiracy to possess with intent to distribute and to distribute a controlled substance, to wit, fentanyl;
24. Juan Perez Diaz, 22, of Lawrence, charged with conspiracy to possess with intent to distribute and to distribute a controlled substance, to wit, fentanyl;
25. Jose Ventura, 37, of Lawrence, charged with distribution of and possession with intent to distribute 10 grams or more of fentanyl;
26. Leisy Baez-Zapata, 21, of Lawrence, charged with conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl; distribution of and possession with intent to distribute 400 grams or more of fentanyl; and aiding and abetting;
27. Erick Alberto Paulino Amador, 28, of Lawrence, charged with possession with intent to distribute and distribution of fentanyl;
28. Bernardito Carvajal, 28, of Haverhill, charged with possession with intent to distribute fentanyl;
29. Alfredo Rivera, 31, of Haverhill, charged with possession with intent to distribute fentanyl;
30. Julio Esthil-Cifre, 30, of Lawrence, charged with possession with intent to distribute fentanyl;
31. Edgar Castro, 45, of Revere, charged with conspiracy to distribute and to possess with intent to distribute 5 kilograms or more of cocaine;
32. Julio Ortiz-Chaparro, 47, of Boston, charged with conspiracy to distribute and to possess with intent to distribute 5 kilograms or more of cocaine;
33. Crishanty Aybar Arias, 22, of Lawrence, charged with possession with intent to distribute fentanyl;
34. Cesar Lara Castillo, 36, of Lawrence, charged with possession with intent to distribute a Schedule I controlled substance; false representation of social security number, and aggravated identity theft;
35. Santiago Rubel Guerrero Tejeda, 22, of Bani, Dominican Republic, charged with possession with intent to distribute and distribution of fentanyl;
36. Jesus Maria Aybar Franco, 34, of Lawrence, charged with distribution and  possession with intent to distribute fentanyl;
37. Marino Amador Baez, 34, of Lawrence, charged with possession with intent to distribute fentanyl; and
38. Willin Arias-Castillo, 35, of Lawrence, charged with possession with intent to distribute and distribution of fentanyl.

The federal charge of drug distribution provides for a sentence of up to 20 years in prison, at least three years of supervised release and a $1 million fine. The charge of distribution of 40 grams or more of fentanyl provides for a minimum of five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a $5 million fine. Charges of distribution of 400 grams or more of fentanyl and distribution of five kilograms or more of cocaine each provide for a minimum of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release and a $10 million fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Lelling, FBI Boston SAC Bonavolonta, DEA Boston SAC Boyle and HSI Boston Acting SAC Molina made the announcement today. Valuable assistance was provided by the Massachusetts State Police and New Hampshire State Police; the Lawrence Police Department; the Andover, Billerica, Boston, Braintree, Chelsea, Concord, Dartmouth, Dover (N.H.), Franklin, Haverhill, Lowell, Manchester (N.H.), Methuen, Milton, Nashua (N.H.), North Andover, Peabody, Portsmouth (N.H.), Reading, Waltham, Watertown, and Woburn Police Departments; Massachusetts Department of Corrections; New Hampshire Department of Corrections; and Essex, Norfolk and Suffolk County Sheriff’s Departments.

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.

Charleston, South Carolina– United States Attorney Sherri A. Lydon announced today that last week, the U.S. Attorney’s Office supported a Charleston Area Senior Citizens Elder Abuse Awareness event in Charleston.  Assistant U.S. Attorneys Rob Sneed and Matt Austin gave a presentation to senior citizens using “Fraud Bingo” as a platform to provide tips on avoiding scams.

“Like senior citizens everywhere, South Carolina’s growing population of elderly residents is increasingly vulnerable to financial exploitation,” said U.S. Attorney Lydon.  “As criminals get more innovative with their elder fraud schemes, we have to get more creative about how to thwart them.  Fraud Bingo helps us teach seniors how to recognize scams that could have a devastating impact on their financial wellbeing and encourages them to report potential scams to the Department of Justice.” 

Charleston Area Senior Citizens, Inc. (CASC) is a non-profit agency serving Charleston County that provides a wide range of programs, services, and activities that promote health, safety, socialization, and independence for adults age 60 and older in the community.  This week, the Senior Companion Program (SCP), sponsored by CASC, held an Elder Abuse Awareness training for volunteers who provide individualized support and assistance to other adults with physical, mental, or emotional impairments, primarily the frail elderly.  SCP is part of Senior Corps, which is under the umbrella of the Corporation for National and Community Service. SCP Program Director Berita Martin planned and executed the event. 

AUSAs Sneed and Austin gave practical tips to help seniors prevent getting financially exploited.  They operated a bingo-type game to teach seniors how to recognize and deal with scams. The game is played just like regular Bingo but with an added twist:  Each time the Bingo game caller announces a square, participants read aloud the accompanying message found on their bingo card if they have a match.  Each square has a message about fraud, identity theft, or scams. When there is a winner, shouts of “Fraud Bingo” ring out.

The U.S. Attorney’s Office was joined by several partners in its fight against elder fraud, abuse, and neglect. Dave Zoellner of Protection and Advocacy for People with Disabilities, Detective Jennie Antonio of the Charleston County Sheriff’s Department, and a representative from South Carolina Legal Services each provided information to help support and protect the elderly community in Charleston.

To learn more about the U.S. Attorney’s Office Elder Fraud program, visit https://www.justice.gov/usao-sc/elder-justice-initiative, or the Department of Justice’s Elder Justice Initiative website at https://www.justice.gov/elderjustice.

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United States Attorney Ron Parsons announced that a Chadron, Nebraska, man has been indicted by a federal grand jury for four counts of Aggravated Sexual Abuse of a Minor.

William Bear Robe, age 36, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.

The maximum penalty upon conviction for each charge is a mandatory minimum of 30 years up to life in prison, a mandatory minimum term of 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Bear Robe engaging in sexual acts with a female child, who had not reached the age of 12 years, between April and October of 2012, at Oglala, South Dakota.

The charges are merely accusations and Bear Robe is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Megan Poppen is prosecuting the case.

Bear Robe was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for November 19, 2019.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Cheyenne Brown, age 32, was indicted on October 16, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on September 10, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison, including a mandatory minimum of 10 years in federal prison and/or a $10,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The Indictment alleges that beginning at a time unknown but no later than on January 1, 2016, and continuing to October 16, 2018, in South Dakota, Brown knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance. 

The charge is merely an accusation and Brown is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Brown was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

            CONCORD - Anthony Cabrera, 27, of Lawrence, was sentenced to 60 months for distribution of fentanyl, United States Attorney Scott W. Murray announced today. 

            According to court documents and statements made in court, on March 12, 2019, the defendant traveled from Massachusetts to New Hampshire and sold approximately 49 grams of fentanyl to an undercover officer in Salem, New Hampshire.         

            Cabrera previously pleaded guilty on June 6, 2019.

            “Interstate fentanyl trafficking threatens the health and safety of people throughout New Hampshire,” said U.S. Attorney Murray.  “This conduct clearly merits the imposition of substantial prison sentences. We will continue to work closely with our law enforcement partners to investigate, prosecute, and incarcerate those who are responsible for distributing this deadly drug.”

          “The state of New Hampshire is faced with a fentanyl crisis unlike ever before,” said DEA Special Agent in Charge Brian D. Boyle.  “Those responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire need to be held accountable for their actions.  DEA will aggressively pursue Drug Trafficking Organizations and individuals who are coming from out of state to distribute this poison in order to profit and destroy people’s lives.”

            This matter was investigated by the Drug Enforcement Administration.  The case is being prosecuted by Assistant U.S. Attorney Anna Krasinski. 

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United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.

Ryan Dupris, age 24, was indicted on September 10, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 16, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on January 2, 2019, in Eagle Butte, Dupris knowingly caused, and attempted to cause, a female victim to engage in a sexual act by the use of force against and by threatening her.

The charge is merely an accusation and Dupris is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Cameron Cook is prosecuting the case.   

Dupris was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Fort Pierre, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Tiffany Kay Frazier, n/k/a Tiffany Kay Castiglione, age 26, was indicted on September 10, 2019.  She appeared before U.S. Magistrate Judge Mark A. Moreno on September 17, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 40 years in prison and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund for each Count.  Restitution may also be ordered. 

The Indictment alleges that beginning at a time unknown, but no later than on or about the 1st day of January 2017, and continuing to on or about September 10, 2019, in the District of South Dakota and elsewhere, Castiglione knowingly and intentionally, combined, conspired, confederated, and agreed with persons known and unknown, to knowingly and intentionally distribute and possess with intent to distribute 50 grams or more of methamphetamine.

The charge is merely an accusation and Castiglione is presumed innocent until and unless proven guilty. 

The investigation is being conducted by Pierre Police Department and the Northern Plains Safe Trials Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Castiglione was released on bond pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Manderson, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.

Jacob Harvey, age 21, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 8 years in prison, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Harvey kicking an officer in the hand, ribs, and knee on August 2, 2019, near Pine Ridge.

The charge is merely an accusation and Harvey is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Bureau of Indian Affairs - Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Heather Sazama is prosecuting the case.

Harvey was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for November 19, 2019. 

United States Attorney Ron Parsons announced that a Chamberlain, South Dakota, man convicted of Escape from Custody was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Charles His Law, age 36, was sentenced on September 11, 2019, to 12 months and 1 day in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

His Law was furloughed to travel by bus from the United States Penitentiary-McCreary in Pine Knot, Kentucky, to arrive in Rapid City and report to the Bureau of Prisons at the Community Education Center (CEC) on March 27, 2019.  His Law failed to report and was placed on escape status.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

 His Law was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney General William P. Barr announced the appointment of the following nine U.S. Attorneys to serve on the Attorney General’s Advisory Committee (AGAC): Erica H. MacDonald, District of Minnesota; David Anderson, Northern District of California; Scott Brady, Western District of Pennsylvania; Maria Chapa Lopez, Middle District of Florida; Halsey Frank, District of Maine; Christina Nolan, District of Vermont; Zach Terwilliger, Eastern District of Virginia; Tom Kirsch, Northern District of Indiana; and Nicholas Trutanich, District of Nevada.

“I am pleased to appoint these nine outstanding U.S. Attorneys to this key advisory committee. I am confident that they will serve with distinction,” Attorney General William P. Barr said. “The U.S. Attorneys who comprise the Attorney General’s Advisory Committee play a critical role in carrying out the Department of Justice’s important work, including its efforts to reduce violent crime, combat the opioid crisis, protect the most vulnerable, and enforce the rule of law.”

U.S. Attorney MacDonald said, “I am honored to have been chosen to serve on this important Committee, which helps guide programs and policies for the Department of Justice. The work of the AGAC is vital to furthering our priorities of reducing violent crime, confronting our drug epidemics, and protecting public safety for all Minnesotans and Americans. I want to thank the Attorney General for this opportunity and responsibility to serve the Department and the Attorney General in this capacity.”

The Attorney General also thanked the following U.S. Attorneys who have completed their terms and are rotating off the committee: Louis Franklin, Middle District of Alabama; Robert Higdon, Eastern District of North Carolina; John Huber, District of Utah; Rob Hur, District of Maryland; Jeff Jensen, Eastern District of Missouri; Andrew Lelling, District of Massachusetts; Joshua Minkler, Southern District of Indiana; Richard Moore, Southern District of Alabama; Bryan Schroder, District of Alaska; and David Weiss, District of Delaware.  

Chaired by U.S Attorney for the District of Columbia, Jessie K. Liu, the AGAC represents the voice of the U.S. Attorneys and provides advice and counsel to the Attorney General on policy, management, and operational issues impacting U.S. Attorneys’ Offices.

Attorney General Barr also announced that U.S. Attorney for the Northern District of Texas Erin Nealy Cox, a current member, will replace U.S. Attorney John Huber as the Vice Chair of the AGAC.

The bios of all U.S. Attorneys are available here.

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

United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on September 10, 2019, by U.S. District Judge Roberto A. Lange.

Teresa Jandreau, age 40, was sentenced to 64 months in federal prison, followed by 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Jandreau was indicted by a federal grand jury on September 11, 2018.  She pled guilty on May 28, 2019.

Beginning at a time unknown, but no later than December 1, 2015, through September 11, 2018, Jandreau knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota, in and around the Crow Creek and Lower Brule Sioux Indian Reservations. The conspiracy involved over 500 grams of methamphetamine that was supplied by Frank “Tank” Adams from St. Paul, Minnesota.  Adams was recently found guilty of Conspiracy to Distribute Methamphetamine following a jury trial.  

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Indian Affairs Crow Creek and Lower Brule Agencies and the Pierre Police Department.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Jandreau was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Chae Lynn LeClaire, age 27, was indicted on September 10, 2019.  She appeared before U.S. Magistrate Judge Mark A. Moreno on September 11, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on July 23, 2019, LeClaire assaulted an individual with a chair with the intent to do bodily harm and the assault resulted in serious bodily injury.

The charges are merely accusations and LeClaire is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.   

LeClaire was released on bond pending trial.  A trial date has not been set.

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Timothy Scheitlan, age 43, of Madison Township, Pennsylvania, was sentenced on September 20, 2019, to six months home confinement, by United States District Court Judge A. Richard Caputo for stealing money from Tobyhanna Army Deport.  Judge Caputo also ordered Scheitlan to pay restitution in the amount of $95,000. 

According to United States Attorney David J. Freed, Scheitlan previously pleaded guilty to stealing over $95,000 from Tobyhanna Army Depot between 2014 and 2017, and admitted that during the course of his employment, he removed money from vending machines for his own personal use. The money that Scheitlan stole from the vending machines is used to provide recreational facilities to military personnel.

The case was investigated by the U.S. Army Criminal Investigation Division.  Assistant United States Attorney Jenny P. Roberts prosecuted the case. 

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that SEAN STEWART, a former senior investment banker at two different New York-based investment banks, was convicted after a seven-day trial for illegally tipping his father, Robert Stewart, with material non-public information concerning five separate corporate acquisitions before they were publicly announced.  U.S. District Judge Jed S. Rakoff presided over the trial. 

Manhattan U.S. Attorney Geoffrey Berman said:  “From 2011 through 2014, Sean Stewart used his position of trust at two different investment banks to steal confidential information and pass it on to his father so he could make illicit profits in the stock market.  As a unanimous jury found today, he abused his positions over and over again to tip his father.  Today’s verdict, which comes after the Second Circuit reversed Stewart’s original conviction, shows that this Office and our law enforcement partners at the FBI will persevere to achieve justice.”

According to the allegations contained in the Superseding Indictment and evidence presented at trial:

In early 2011, SEAN STEWART, who at the time held the position of Vice President in the Healthcare Investment Banking Group of a global bank headquartered in Manhattan (“Investment Bank A”), began tipping his father, Robert Stewart, with nonpublic information about upcoming mergers and acquisitions.  The first of these tips related to the acquisition of Kendle International Inc. by INC Research, LLC, which was announced publicly on May 4, 2011.  SEAN STEWART represented Kendle in the confidential negotiations that led to the deal announcement.  Based on inside information from SEAN STEWART, Robert Stewart purchased Kendle stock and passed the information to another individual to trade on his behalf, and earned several thousand dollars in profits after the acquisition of Kendle was publicly announced. 

The second deal about which SEAN STEWART tipped Robert Stewart was the acquisition of Kinetic Concepts, Inc. (“KCI”) by Apax Partners, announced on July 13, 2011.  Robert Stewart passed the inside information to another co-conspirator, Richard Cunniffe, to trade on Robert’s behalf.  Robert Stewart and Cunniffe earned more than $100,000 in profits after the acquisition was publicly announced. 

In the summer of 2011, SEAN STEWART learned that the Financial Industry Regulatory Authority (“FINRA”) was conducting an inquiry into suspicious trading in Kendle securities, including trading by Robert Stewart.  SEAN STEWART at first falsely claimed to compliance officials at Investment Bank A that he did not recognize his father’s name on a list of individuals who traded prior to the public announcement of Kendle’s acquisition.  After FINRA and compliance officials at Investment Bank A recognized the connection between SEAN STEWART and his father, SEAN STEWART told a series of lies to those compliance officials, to make it seem as if Robert Stewart had decided on his own initiative to invest in Kendle without the benefit of inside information. 

In October 2011, Sean Stewart joined an investment banking advisory firm headquartered in Manhattan (“Investment Bank B”) and was later promoted to Managing Director.  During his tenure with Investment Bank B, SEAN STEWART provided his father with tips concerning non-public acquisition negotiations involving three more public companies:  (1) the acquisition of Gen-Probe Inc. by Hologic, Inc., announced on April 30, 2012; (2) the acquisition, by tender offer, of Lincare Holdings Inc. by Linde AG, announced on July 1, 2012; and (3) the acquisition of CareFusion Corp. by Becton, Dickinson & Co. (“Becton”), announced October 4, 2014.  Investment Bank B represented Hologic in connection with its acquisition of Gen-Probe; Linde in connection with its acquisition of Lincare; and CareFusion in connection with its acquisition by Becton.  As before, Robert Stewart passed the information to Cunniffe in order to place trades for the two of them. 

During the course of the scheme, SEAN STEWART became aware that his father was having financial problems.  Rather than loan his father money, SEAN STEWART gave his father stock tips so that his father could profit from the information that STEWART stole from Investment Bank A and Investment Bank B and their clients.  In total, with respect to all five deals, Robert Stewart and Cunniffe earned profits of more than $1.1 million.

*                      *                      *

SEAN STEWART, 38, of North Merrick, New York, was convicted of one count of conspiracy to commit securities fraud and tender offer fraud, which carries a maximum sentence of five years in prison; one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison; six counts of substantive securities fraud, and one count of substantive tender offer fraud, each of which carries a maximum sentence of 20 years in prison and a maximum fine of $5 million, or twice the gross gain or loss from the offense.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the Court.

SEAN STEWART is scheduled to be sentenced before Judge Rakoff on January 29, 2020, at 4:00 p.m.

Robert Stewart pled guilty on August 12, 2015, to one count of conspiracy to commit securities fraud and tender offer fraud and was sentenced to four years’ probation, with the first year to be served in home detention, and $150,000 in forfeiture.

Richard Cunniffe pled guilty on May 12, 2015, to one count of conspiracy to commit securities fraud and tender offer fraud, one count of conspiracy to commit wire fraud, three counts of substantive securities fraud, and one count of substantive tender offer fraud, and was sentenced to one year of probation, and $900,000 in forfeiture.

Mr. Berman praised the investigative work of the Federal Bureau of Investigation and also thanked the U.S. Securities and Exchange Commission, which has brought a civil action against SEAN STEWART.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant United States Attorneys Richard Cooper and Samson Enzer are in charge of the prosecution.

PHILADELPHIA, PA – First Assistant U.S. Attorney Jennifer Arbittier Williams announced that the United States has filed a civil lawsuit against G & A Somerton Pharmacy LLC (“Somerton”), its owner Polina Khodak, and its pharmacist-in-charge, Inessa Lerner, alleging that they violated the False Claims Act when they knowingly billed Medicare for over $1 million worth of prescription drugs that were never actually dispensed to beneficiaries, during the period January 1, 2009 through December 31, 2015.  These medications included but were not limited to Lidoderm, Advair Diskus, Omeprazole, Solaraze, Nexium, Donepezil, Novolog, Meclizine, Lidocaine, and Januvia. 

The United States has also entered into a Stipulated Order and Consent Judgment with Somerton, Khodak, and Lerner, subject to the Court’s approval, which would resolve the matter without litigation.  If approved by the Court, the Judgment will require the defendants to pay nearly $1.3 million.  Significantly, it will also require Somerton and Khodak to agree to a 10-year healthcare exclusion, which will prohibit her from receiving payments from any federally funded health care insurer such as Medicare.  And it will require Lerner to enter into an integrity agreement, requiring her to undertake substantial compliance obligations. 

“Pharmacy fraud remains a priority for our Office,” said First Assistant U.S. Attorney Jennifer Arbittier Williams.  “Taxpayer dollars should be spent on needed medications, not wasted on fraud and abuse. Our Office will continue to scrutinize and pursue such conduct.” 

“Pharmacies are responsible for all claims they submit to Medicare,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Department of Health and Human Services, Office of the Inspector General.  “HHS-OIG and the U.S. Attorney’s Office take allegations of health care fraud seriously and will work together to ensure taxpayers’ dollars are only spent on bona fide medical claims.”

This case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General.  For the U.S. Attorney’s Office, Assistant U.S. Attorney Deborah W. Frey, Civil Chief Gregory B. David, Auditor George Niedzwicki, and paralegal Patricia Bontempo, Certified Fraud Examiner, handled the matter.   

The complaint contains allegations only; there has been no determination of liability

John H. Durham, United States Attorney for the District of Connecticut, announced that SUSANNA KURUS, 44, of Garner, North Carolina, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 30 days of imprisonment, followed by 60 days of home confinement, for embezzling more than $130,000 from her former Connecticut employer.  Kurus also must serve two years of supervised release, during which she is required to perform 100 hours of community service.

According to court documents and statements made in court, Kurus formerly resided in Connecticut and was employed as the accounting manager for a company based in Stratford.  Between approximately October 2014 and June 2017, Kurus used the company’s financial accounting software to transfer customer credits to at least six personal debit card accounts, and then used the money for personal expenditures.  Through this scheme, she stole $133,870.55.

Judge Shea ordered Kurus to make full restitution.

On March 13, 2019, Kurus pleaded guilty to one count of wire fraud.

Kurus, who is released on $200,000 bond, is required to report to prison on January 6, 2020.

This matter was investigated by the Connecticut Financial Crimes Task Force, U.S. Secret Service and Stratford Police Department.  The case was prosecuted by Assistant U.S. Attorney Ray Miller.

John Scarpa, Jr., a criminal defense attorney, was sentenced today in federal court in Brooklyn to 30 months’ imprisonment and fined $10,000 by United States District Judge Carol Bagley Amon for bribing a witness to commit perjury in a double homicide trial in Suffolk County Supreme Court.  Scarpa was convicted following a four-day trial in May 2019.  Scarpa, who will be disbarred, had been practicing law in New York since 1982, and was a prosecutor at three district attorneys’ offices in the metropolitan area before entering private practice in 2003.

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

 “As a defense attorney and former prosecutor, Scarpa was sworn to uphold the law he so egregiously subverted,” stated United States Attorney Donoghue.  “Scarpa went from practicing law to breaking the law and will now pay a price for his crime.”  Mr. Donoghue thanked the Queens County District Attorney’s Office for its assistance during the investigation.

As proven at trial, Scarpa plotted with co-conspirator Charles Gallman to bribe a convicted murderer, Luis Cherry, to testify in support of Scarpa’s client, who was charged with the execution-style murders of two men.  Cherry then falsely testified at trial that he alone committed the second of the two murders, and that Scarpa’s client was innocent.  In exchange for his testimony, Scarpa and Gallman promised to help Cherry with the appeal of his own murder conviction, and to spread word in the prison system that Cherry was not a government informant.   Despite the false testimony, the trial judge found Scarpa’s client guilty of both murders.

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

The Defendant:

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

E.D.N.Y. Docket No. 18-CR-123(S-1) (CBA)