Charges have been filed in connection with the September 2018 armed robbery of a federally-insured
bank in Centralia, Illinois. Aaron Moss, 21, of Danville, Illinois, is the only defendant named in
a two-count indictment returned by a federal grand jury earlier this month. The indictment alleges
that Moss and another unnamed person robbed the People’s National Bank in Marion County using a
Glock .40 model 27 firearm.

Moss made his initial appearance and was arraigned today in federal district court, pleading not
guilty to both charges. If convicted, he faces up to 25 years in prison on the bank robbery charge
and an additional seven years to life for brandishing a gun during the crime.

Trial is scheduled to be held on Dec. 16, 2019, before United States District Judge   Staci
M. Yandle at the federal courthouse in Benton, Illinois.

The investigation is being conducted by the FBI and the Centralia Police Department.

An indictment is merely a formal charge against a defendant. Under the law, a defendant is presumed
to be innocent of a charge until proven guilty beyond a reasonable doubt to the
satisfaction of a jury.

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging AMILCAR ROMERO, a/k/a “Soldado,” JAIME SANTANA, a/k/a “Smiley,” JOSE GARCIA, a/k/a “Tricky,” and ALEXANDER RIVERA, a/k/a “Extrano,” with racketeering conspiracy and narcotics distribution conspiracy.  CRISTIAN GUERRERO-MELGARES, a/k/a “Enigma,” and GUSTAVO LLEVANO-RIVERA are charged in the narcotics conspiracy count.  Several defendants also face firearms charges.

GARCIA, GUERRERO-MELGARES, and RIVERA were arrested this morning and will be presented today before Magistrate Judge Stewart D. Aaron.  SANTANA was arrested last night and will be presented today in the Middle District of Tennessee.  ROMERO is currently in state custody in California on other charges and will be transferred to federal custody in New York and presented at a later date.  LLEVANO-RIVERA remains at large.  The case is assigned to U.S. District Judge William H. Pauley III.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “The defendants in this case include alleged leaders of the L.A. Program of MS-13, operating across the United States.  They and their co-defendants are alleged to have engaged in acts of violence, narcotics distribution, and the use of firearms.  Thanks to our remarkable partners at HSI and the NYPD, the defendants now face federal charges for these very serious crimes.”

HSI Special Agent-in Charge Peter C. Fitzhugh said:  “Today, three high ranking members of MS-13 were arrested for various charges, including, racketeering, drug distribution and firearms offenses.  These three gang members allegedly utilized violence and intimidation in order to further their criminal enterprise.  HSI New York and our other field offices around the country continue to work with our local law enforcement partners to combat MS-13.  It is only through these coordinated efforts that we will be able to disrupt and ultimately dismantle this gang.”

NYPD Commissioner James P. O’Neill said:  “Targeting gangs and crews, and preventing the violence so often associated with their illegal activities, continues to be among the highest priorities for the NYPD and our law enforcement partners.  By precisely targeting the relatively small percentage of individuals responsible for committing much of the violence in New York, we are making the safest large city in America even safer.  We remain relentless in our efforts to identify, arrest, and prosecute anyone who allegedly involves themselves in such criminal behavior.”

According to the allegations in the Indictment unsealed today in Manhattan federal

court as well as court filings[1]:

ROMERO, SANTANA, GARCIA, and RIVERA are members of a transnational racketeering enterprise known as Mara Salvatrucha, or MS-13, which operates throughout North and Central America, including in El Salvador, Mexico, New York, California, Texas, Virginia, Tennessee, and North Carolina.  In order to enrich the enterprise, protect and expand its criminal operations, enforce discipline among its members, and retaliate against members of rival gangs, members and associates of MS-13 committed, conspired, attempted, and threatened to commit acts of violence; distributed and possessed with intent to distribute narcotics, including methamphetamine and cocaine; and obtained, possessed and used firearms.

MS-13 is organized into chapters called “cliques.”  Groups of cliques, in turn, are aligned as “programs.”  Each program is governed by a group of senior gang leaders known as the “table.”  ROMERO, SANTANA, and GARCIA are high-ranking members of the table of the “L.A. Program” of MS-13.

*                *                *

ROMERO, 50, SANTANA, 39, GARCIA, 31, and RIVERA, 31, are charged with one count of racketeering conspiracy, which carries a statutory maximum sentence of life in prison. Those four defendants, as well as GUERRERO-MELGARES, 32, and LLEVANO-RIVERA, 23, are charged with one count of conspiracy to distribute and possess with intent to distribute: (i) 50 grams and more of methamphetamine, (ii) 500 grams and more of mixtures and substances containing a detectable amount of methamphetamine, and (iii) mixtures and substances containing a detectable amount of cocaine, which carries a statutory maximum sentence of life in prison, and a mandatory minimum sentence of 10 years in prison. SANTANA, GARCIA, and GUERRERO-MELGARES are charged with possessing, carrying, and using firearms during, in relation to, and in furtherance of, the narcotics conspiracy, which carries a statutory maximum sentence of life in prison, and a mandatory minimum sentence of five years in prison.  SANTANA and RIVERA are charged with possessing firearms while unlawfully or illegally in the United States, which carries a statutory maximum sentence of 10 years in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.

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

This case is being handled by the Office’s Violent & Organized Crime Unit.  Assistant United States Attorneys Michael D. Longyear, Justin V. Rodriguez, and Jacob Warren are in charge of the prosecution.

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

FORT WAYNE – Antonio Munos, 47, of Fort Wayne, Indiana, was charged in a criminal complaint with possession with intent to distribute methamphetamine, announced U.S. Attorney Kirsch. 

The criminal complaint alleges that Munos possessed in excess of 2 pounds of methamphetamine.  It was alleged that a Mr. Munos had agreed to sell methamphetamine to an individual on October 14, 2019.  Mr. Munos and the individual met but did not come to agreement on the price so Mr. Munos was allegedly going to drive to the source of supply’s house.  While driving to the house, Mr. Munos committed a traffic violation and was stopped by police.  He exhibited nervous behavior when asked about the presence of narcotics in the vehicle, causing the officer to request a K-9 sweep.  The K-9 alerted on the vehicle where over 2 pounds of methamphetamine were located in the trunk.   

The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.

If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

This case is being investigated by the DEA with the assistance of the Fort Wayne Police Department.  This case is being prosecuted by Assistant United States Attorney Stacey R. Speith.

###

John H. Durham, United States Attorney for the District of Connecticut, and Kelly D. Brady, Special Agent in Charge, ATF Boston Field Division, announced that JIVON JOHNSON, 32, of Snellville, Georgia, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 84 months of imprisonment, followed by three years of supervised release, for trafficking guns into Connecticut.  Judge Underhill also ordered Johnson to perform 300 hours of community service while on supervised release.

According to court documents and statements made in court, in March 2018, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) learned that Johnson, who formerly resided in Bridgeport, was using the Snapchat app to advertise the sale of firearms that he had acquired in Georgia and would transport to Connecticut to sell.  Investigators subsequently viewed multiple images, or “Snaps,” from Johnson’s Snapchat account advertising the sale of numerous firearms and ammunition, include several high-powered firearms and extended magazines.  On September 22, 2018, investigators conducted a controlled purchase of a handgun and two magazines from Johnson in Bridgeport.

Johnson was arrested in Georgia on October 3, 2018.  After his arrest, Johnson admitted that he had traveled to Connecticut on seven occasions over approximately 18 months and sold at least 30 guns in Bridgeport during that time.

Johnson’s criminal history includes felony convictions for firearm and narcotics offenses.  It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

Johnson has been detained since his arrest.  On June 24, 2019, he pleaded guilty to one count of possession of a firearm by a convicted felon.

This matter was investigated by ATF and prosecuted by Assistant U.S. Attorney Vanessa Richards.

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 neighborhoods safer for everyone.

FORT WAYNE – Daniel King, age 68, of Marion, Indiana was sentenced before U.S. District Court Judge Holly A. Brady upon his plea of guilty to receipt of material involving the sexual exploitation of minors, announced U.S. Attorney Kirsch.

King was sentenced to 84 months imprisonment followed by 5 years of supervised release and the Court ordered forfeiture of the items involved in the commission of offense. 

According to documents in this case, in July of 2016, King, was indicted for receiving child pornography and ultimately pled guilty to this offense.  In his plea agreement, King also agreed to forfeit a tablet, a thumb drive, a laptop computer and 5 hard drives.    

The case was investigated by Federal Bureau of Investigation’s Violent Crimes Against Children (VCAC) Task Force.  The case was handled by Assistant United States Attorney Lesley J. Miller Lowery.  

###

An American citizen who spent over a year running the day-to-day operations of a fraudulent tech
support call center in Costa Rica is heading to prison. Michael Cary Lawing, 34, of Lincolnton,
North Carolina, has been sentenced to serve 18 months behind bars for his role as the CEO of ABC
Repair Tech (ABC) from 2015 to 2016. Lawing pleaded guilty in October 2018 to a one-count felony
information charging him with conspiracy to commit wire fraud.

According to court documents, Lawing’s company was affiliated with another fraudulent tech support
business in South Florida known as First Choice Tech Support, which later changed its name to
Client Care Experts (CCE). Both ABC and CCE purchased pop-up advertisements that would appear
suddenly on a person’s computer screen. The pop-ups were made to look like system warnings and
falsely informed the victims that serious problems, such as viruses or malware, had been detected
on their computers. Often, the pop-ups caused the person’s internet browser to freeze up and stop
responding. The pop-ups also typically warned the victims not to shut down their computers or else
they would lose all their data. Instead, the ads directed them to call a toll-free number, where
they were connected to sales representatives who continued the fraud.

The sales representatives at ABC and CCE would convince the victims to grant them remote access to
their computers, where normal computer functions and routine processes were highlighted as evidence
of serious computer problems. Victims were never told that the pop-ups that had hijacked their
computers were just advertisements purchased by the tech support company, or that in most instances
they could make the pop-ups go away simply by rebooting their computers. Instead, they were sold
remote “tune-ups” for $250 and anti-virus protection software for another $400. If victims balked
at the steep prices, the sales representatives would offer them a discount for being a senior
citizen or a military veteran or something else.

From 2013-2016, the two companies – CCE and ABC – combined to defraud more than 40,000 people.
Victims were located in all 50 States, the District of Columbia, Puerto Rico, several
U.S.  territories,  all  10  Canadian  provinces,  the  United  Kingdom,  and  several  other
foreign countries. At least 57 victims of the scams were residents of the Southern District of Illinois,
representing 22 of the district’s 38 counties, including St. Clair and Madison. All told, the two
companies took in over $25 million.

In handing down the 18-month sentence, Chief United States District Judge Nancy J. Rosenstengel
explained that the need to deter other would-be scammers was a “big factor” in her decision. “The
general public needs to see that this kind of crime is taken seriously,” she said.

As part of his sentence, Lawing was ordered to pay back over $266,000 in restitution to ABC victims
– a figure that represents ten percent of the roughly $2.6 million in actual losses incurred by
over 10,000 victims during Lawing’s tenure as the company’s top executive. Evidence presented in
court showed that Lawing himself made only about $90,000 from the scam. The bulk of ABC’s
fraudulent earnings were reportedly reinvested in the company.

Lawing’s sentence comes just one week after CCE’s Vice President, Grand Clark Wasik, 36, of Oakland
Park, Florida, was sentenced to 125 months in prison and ordered to pay over $10 million in
restitution. Wasik pled guilty to count one of a 14-count superseding indictment earlier this year.
Two former owners of CCE, Michael Austin Seward, 32, of Deerfield Beach, Florida, and Kevin James
McCormick, 46, of Delray Beach, Florida, also pled guilty to their role in the conspiracy and are
due to be sentenced on November 18. The Honorable Joe Billy McDade from the Central District of
Illinois, who presided over Wasik’s case, will also conduct the sentencings of Seward and
McCormick.

Since April 2017, 14 other employees of CCE and ABC have also pleaded guilty to federal fraud
violations in the Southern District of Illinois:

•      Joseph Ralph Aievoli, IV, 26, of Boynton Beach, FL – Salesperson at CCE
•      Cory Steven Bachman, 26, of Boynton Beach, FL – Salesperson at CCE
•      Andrew Douglas Broad, 27, of Boynton Beach, FL – Director of Training at CCE
•      Ryan Stocker Carr, 24, of Mount Laurel, NJ – Team Leader at CCE
•      Joshua Dennis Cortez, 38, of Lake Worth, FL – Director of Training at CCE
•      Erica Marie Crowell, 30, of Maple Shade, NJ – Salesperson at CCE
•      Nicholas James Davidson, 27, of Boynton Beach, FL – Salesperson at CCE
•      Patrick M. Dougherty, 36, of Boynton Beach, FL – Salesperson at CCE
•      Tatum Elyse Espenshade, 27, of West Palm Beach, FL – Salesperson at CCE
•      Eric M. Iannaccone, 33, of Monroe Township, NJ – Sales Manager at CCE
•      Anthony Vincent Ludena, 30, of Boca Raton, FL – Salesperson at CCE
•      Robert Thomas McCart, 33, of Boynton Beach, FL – Team Leader at CCE
•      Timothy James Miller, II, 28, of Schwenksville, PA – Salesperson at CCE
•      Jonathan Matthew Richardson, 28, of Lake Worth, FL – Salesperson at CCE
•      Kyle Evan Swinson, 27, of Boynton Beach, FL – Team Leader at ABC/CCE

Eleven of these additional defendants have been sentenced already:

Because the crimes allegedly took place in connection with telemarketing and victimized 10 or more
persons over the age of 55, the maximum punishment in each case is 30 years imprisonment. The
defendants could also be ordered to serve up to five years of supervised release and pay a fine of
up to $250,000. Under federal law, restitution to identified victims is mandatory.

These cases are part of an ongoing investigation by the St. Louis Field Office of the Chicago
Division of the United States Postal Inspection Service and are being prosecuted by Assistant
United States Attorneys Nathan D. Stump, Scott A. Verseman, and Ranley R. Killian.

The Florida Attorney General’s Office raided CCE in June 2016 and has been cooperating with the
federal investigation, in addition to bringing its own civil enforcement action against CCE under
Florida state law.

The Federal Trade Commission has been working for some time to shut down illegal tech support
scams. For more information about the FTC’s “2019 Tech Support Takedown,” please visit
https://www.consumer.ftc.gov/blog/2019/03/ftcs-tech-support-takedown-2019.

Some consumers who were victimized by ABC or CCE / First Choice Tech Support have
received additional fraudulent calls. These calls typically come from companies claiming   either
(a) that the technical support the victims purchased has been transferred to them and additional
funds are now needed; or (b) that they can help the victims obtain a refund. Victims should be
advised that no companies have been authorized to provide them with any tech support services on
behalf of ABC or CCE / First Choice Tech Support, or to provide them with a refund for any
previous purchases.

CORPUS CHRISTI, Texas - A 39-year-old Corpus Christi resident and Texas Syndicate member has been ordered to federal prison for trafficking cocaine and possessing a firearm, announced U.S. Attorney Ryan K. Patrick. John Mendez aka John Manuel Mendez pleaded guilty May 31.

Today, U.S. District Judge Nelva Gonzales Ramos handed Mendez an 18-month sentence for the drug charges. He also received an additional 60 months for the firearms offense which must be served consecutively for a total sentence of 78 months in federal prison. The sentence will be immediately followed by five years of supervised release. In handing down the sentence, the court noted the defendant’s extensive criminal history.

From approximately May 1 - Aug. 25, 2018, Mendez was involved in a cocaine conspiracy. On June 25, 2018, local law enforcement conducted a routine traffic stop which resulted in the discovery of cocaine and marijuana. They also found two firearms - a .40 caliber rifle in the vehicle’s front seat and a .357 caliber handgun found on the ground near the vehicle.

He was released on bond, during which time another traffic stop led to the discovery that Mendez possessed additional cocaine for distribution. Social media evidence also demonstrated extensive drug trafficking and firearms activity.

Mendez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Corpus Christi Police Department conducted the investigation. Assistant U.S. Attorney Reid Manning is prosecuting the case.

JOHNSTOWN, Pa. -A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of conspiracy to possess with intent to distribute and distribute a quantity of cocaine base, United States Attorney Scott W. Brady announced today.

Kawan Dock, 42, pleaded guilty to one count before United States District Judge Kim R. Gibson.

In connection with the guilty plea, the court was advised that from May 7, 2019, to May 16, 2019, Dock conspired to possess with intent to distribute and distribute a quantity of cocaine base, in the form commonly known as crack.

Judge Gibson scheduled sentencing for February 25, 2020, at 10:00 a.m. The law provides for a maximum total sentence of 30 years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.

The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Dock.

HOUSTON - A 34-year-old Mexican man has been ordered to federal prison sentence following his conviction of conspiracy to import large amounts of cocaine and marijuana, announced U.S. Attorney Ryan K. Patrick.

Luis Ivan Nino-Duenez, El Control, Tamaulipas, Mexico, pleaded guilty June 3, 2014.  

Today, Senior U.S. District Judge Hilda G. Tagle sentenced Nino-Duenes to a total of 20 years in federal prison.

During the hearing, the court heard evidence to support possible increases in the calculated sentencing guideline range. Nino-Duenes utilized automatic weapons, grenades, homemade cannons and body armor to provided security during the purchase, transportation and distribution of narcotics. He also commanded, directed and engaged in violent confrontations with other criminal syndicates to maintain control of the plazas in Mexico. He further received enhancements for importation of meth into the United States, maintaining premises for the purpose of manufacturing or distributing a controlled substance and because he committed the offense as part of a pattern of criminal conduct. Finally, the court also found Nino-Duenes was a leader/organizer of an extensive criminal enterprise involving five or more participants.

Nino-Duenes served as a comandante for Jose Luiz Zuniga-Hernandez aka Wicho or XW who served as a gulf cartel plaza boss in El Control for a large period of time between 2008 through 2011.

On Nov. 6, 2010, Zuniga-Hernandez assumed control of the Matamoros Plaza upon the death of Antonio Ezequiel Cardenas-Guillen. On March 28, 2011, Rafael Cardenas-Vela came to Matamoros to take over the plaza management duties and Zuniga-Hernandez returned to El Control.

Cartel Del Golfo (CDG) transnational criminal organization plaza bosses are appointed to specific regions to help coordinate the importation and distribution of multi-ton shipments of cocaine, marijuana and other illicit narcotics within Mexico and into the United States. They are the lead representatives for the CDG in a particular region or town, responsible for maintaining control of the region and ensuring the safe passage of narcotics. The plaza boss also extracts a "piso," or payment, from others who want to transport narcotics for importation into the United States or operate businesses in that region. 

Additional evidence presented today indicated Zuniga-Hernandez and the CDG smuggled more than one ton of cocaine through the Matamoros/El Control plaza areas and more than 3000 kilograms of marijuana into the United States per month. The CDG used planes and clandestine air strips to fly the cocaine into Mexico for later importation and distribution within the United States.

Zuniga-Hernandez had under his command approximately 120 lookouts and 60 estacas. An estaca is a vehicle occupied by three or four armed individuals. Thus, 60 estacas would be anywhere from 180 to 240 armed individuals patrolling the plaza. Nino-Dunez was the commander of Zuniga-Hernandez’s estacas.

On Oct. 27, 2011, Zuniga-Hernandez and Nino-Duenes along with Hernandez and Rincon-Rincon fled into the United States after a gun battle in Mexico involving a power struggle between the CDG plazas.

All were found hiding near the Rio Grande River. Upon their arrest, agents found a gold, diamond and ruby encrusted gun, more than $39,000 and several cell phones. Evidence on those phones showed discussions with "Apa" about the gun battle and what to do in response. "Apa" was identified as Jorge Eduardo Costilla-Sanchez, the head of the CDG.

Zuniga-Hernandez, Hernandez and Rincon-Rincon were previously sentenced to 50 years, 35 years and life imprisonment, respectively.

Nino-Duenes will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Immigration and Customs Enforcement’s Homeland Security Investigations, Drug Enforcement Administration and Cameron County Sheriff’s Office conducted the Organized Crime Drug Enforcement Task Force investigation. Assistant U.S. Attorneys Angel Castro and Jody Young are prosecuting the case.

A former Dallas Police Officer pleaded guilty today to falsifying traffic citations in order to collect overtime pay, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.

Following an investigation by the Dallas Police Depafbrtment, Mathew Alan Rushing, 35, pleaded guilty to one count of false statementsbefore Magistrate Judge David Horan Tuesday morning.

According to his plea papers, Mr. Rushing submitted at least 38 fraudulent “Officer’s Daily Grant Activity Reports,” which included citations for fictitious persons and events, over a nine month period from 2018 to 2019.

After Mr. Rushing concluded a traffic stop, he admitted, he sometimes altered the violator’s true identity by changing their name or date of birth, causing arrest warrants to be issued for drivers who didn’t exist. Other times, he admitted, he citied drivers for nonexistent violations after they departed the scene of the incident.

Mr. Rushing admitted he submitted these report with the intention of collecting overtime pay funded by federal grants from the National Highway Traffic Safety Administration (NHTSA) through a program administered by the Texas Department of Transportation and the Dallas Police Department.

Mr. Rushing now faces up to five years in federal prison. Sentencing is set for March 2020.

The Dallas Police Department, Federal Bureau of Investigation Dallas Field Office, and Department of Transportation Office of Inspector General conducted the investigation. Assistant U.S. Attorneys David Jarvis and Andrew Wirmani are prosecuting the case.

BOSTON – A Springfield man pleaded guilty today in federal court in Springfield to distributing cocaine.

Samuel Diaz, a/k/a “Sammy,” 36, pleaded guilty to distributing approximately 50 grams of cocaine to a cooperating witness on March 24, 2015. Diaz also sold a firearm and ammunition to the cooperating witness on the same day.

U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Jan. 23, 2020.

The charge of distributing and possessing with intent to distribute cocaine provides a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Branch Office is prosecuting the case.

BOSTON—John H. Nardozzi, the certified public accountant for former State Senator Brian Joyce, was convicted today by a federal jury for conspiring with the late senator to defraud the IRS from 2011 through 2014.

Nardozzi, 67, of Waltham, was convicted after a seven-day trial of defrauding the IRS of approximately $600,000 by manipulating income that should have been reported on Joyce’s corporate tax return and by applying it to Joyce’s personal tax return. Nardozzi was also convicted of falsely creating a single-employment pension (SEP) fund for Joyce and his wife, to which they were not otherwise entitled. In doing so, Nardozzi enabled Joyce and his wife to defer taxes on approximately $400,000 of income. Nardozzi also assisted Joyce in an illegal rollover of Joyce’s SEP account to purchase stock in a private company without following the IRA rollover rules. In addition, Nardozzi attributed income from Joyce’s law firm to Joyce’s wife even though she never worked for the law firm.

U.S. District Court Judge William G. Young scheduled sentencing for Jan. 9, 2020.

The charge of conspiracy to defraud the United States provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aiding and assisting in filing a false tax return provides for a sentence of up to three years in prison, one year of supervised release and a fine of up to $100,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorneys Dustin Chao and Evan Gotlob of Lelling’s Public Corruption and Special Prosecutions Unit are prosecuting the case.

DENVER – United States Attorney Jason R. Dunn announced today that Kayla Pagano, age 24, of Westminster, Colorado, was sentenced by Senior U.S. District Court Judge Robert E. Blackburn to serve 77 months (6 years and 5 months) in federal prison for distribution of heroin and methamphetamine.  Following her prison sentence, Pagano will serve 4 years of supervised release.  She appeared at the sentencing hearing in custody, and was remanded to the custody of the U.S. Marshals Service at the hearing’s conclusion. 

According to the facts contained in Pagano’s plea agreement, on May 31, 2018, an individual with the initials E.N., a woman named Ariel Walker and an individual with the initials C.T., drove to Westminster to buy heroin from Kayla Pagano.  E.N. paid Walker approximately $80 to purchase the heroin and approximately $40 for arranging the drug deal. Walker then met with Pagano at a Circle K in Westminster where she sold Walker approximately .20 grams of heroin and approximately .20 grams of methamphetamine.  E.N. used the heroin and then passed out. Police later found E.N.’s dead body dumped in an alley in Denver.  The heroin which caused E.N.’s death was the heroin Walker purchased from Pagano outside the Circle K and then distributed to E.N.  Walker has pleaded guilty to distribution of heroin resulting in death in criminal case number 18-cr-414-RBJ and is scheduled to be sentenced on December 16, 2019. 

“I hope drug dealers are getting the message:  when someone dies as a result of your conduct, you will be held accountable and you will do time in federal prison,” said U.S. Attorney Jason Dunn. 

“Today’s sentencing of Kayla Pagano illustrates the FBI’s commitment to investigating those that enable the heroin epidemic and the consequential tragedies resulting from this growing problem,” said FBI Denver Special Agent in Charge Dean Phillips. “We extend our gratitude to the Denver Police Department, the DEA, and the U.S. Attorney’s Office for their invaluable investigatory and prosecutorial assistance in this case.”

This case was investigated by the Denver Police Department with assistance from the FBI Denver OCDETF Strike Force.  The defendant was prosecuted by Assistant U.S. Attorney Peter McNeilly.

BOSTON – Three members of a violent Brockton drug crew were arrested and charged in connection with operating a fentanyl delivery service. One member of the drug crew remains at large.

Placido Armando Pereira, 33; Natalio Miranda, 28; andDjoy Defrancesco, 23, all of Brockton, were arrested this morning and charged with conspiracy to distribute and to possess with intent to distribute fentanyl. The defendants were detained following an initial appearance today before U.S. Magistrate Judge M. Page Kelley. A fourth defendant, Jason Miranda, 24, of Taunton, remains at large.

As alleged in charging documents, law enforcement began investigating a violent Brockton-area drug crew that distributed large quantities of fentanyl throughout southeastern Massachusetts. The drug crew, which refers to itself as “HSM,” for “Head Shot Mafia,” ran a fentanyl delivery service that encompassed all of Brockton as well as neighboring cities. Specifically, it is alleged that drug users/customers placed orders for fentanyl by contacting a cellphone maintained and shared by HSM crew members, and that HSM members worked together to deliver the fentanyl order. Beginning in September 2019, agents succeeded in introducing an undercover law enforcement officer to HSM, who made six purchases of fentanyl from members of the crew.

According to the criminal complaint and court records, the defendants have criminal records. In 2017, Pereira was convicted of unlawful possession of a firearm and possession with intent to distribute marijuana and was sentenced to three years in prison. In 2010, Pereira was arrested on drug trafficking charges at Logan Airport as he returned to the U.S. from Cape Verde, and later sentenced to 30 months in prison and three years of supervised release. On Feb. 20, 2014, Pereira was the target of an assassination attempt in Brockton. 

According to court documents, Natalio Miranda sold fentanyl to the undercover officer while on probation for a state drug trafficking offense. Furthermore, Defrancesco sold fentanyl to the undercover officer while on pre-trial release from a Plymouth Superior Court indictment charging him with trafficking in fentanyl, possession of a firearm, and possession of a high capacity feeding device, among other offenses.

The charge of conspiracy to distribute and possess with intent to distribute fentanyl provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Brockton Police Chief John Crowley; John Gibbons, U.S. Marshal for the District of Massachusetts; and Plymouth County District Attorney Timothy J. Cruz made the announcement today. Assistance was provided by the East Bridgewater, West Bridgewater, Whitman and Bridgewater State University Police Departments as well as the Plymouth County Sheriff’s Office. Assistant U.S. Attorney Christopher Pohl of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

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

LAS VEGAS, Nev.– A Las Vegas man who admitted to defrauding more than $1.8 million from victims of a business fraud scheme was sentenced today to eight years in federal prison and ordered to pay $1,715,475 in restitution, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.

Jihad Anthony Zogheib, 53, pleaded guilty without a plea agreement in October 2018, to eight counts of wire fraud in connection to a fraud scheme. Zogheib was sentenced by U.S. District Judge Larry R. Hicks.

Zogheib admitted in court that, from about 2010 to about 2013, he devised a scheme to fraudulently obtain money from people falsely representing that he would use their money for business purposes. As part of the scheme, he influenced victims’ decisions by using forged business documents and fictitious emails from banks. Specifically, in February 2011, Zogheib falsely told one of his victims about forming a mobile crane company and a mobile crane leasing company. He claimed he had millions of dollars in an overseas account, but it was placed on a hold. After showing the victim a fictitious bank record showing millions of dollars on deposit, Zogheib’s dupe caused the victim into giving him $548,000 to fund the sham companies. From November 2010 to about August 2013, Zogheib defrauded two other victims by falsely claiming he was in the business of flipping real estate. He made false representations to the victims in order to receive hundreds of thousands of dollars for the nonexistent real estate investments. These two victims sent Zogheib a total of $1,307,475. Zogheib immediately used the ill-gotten proceeds to fund his gambling habit and high-end lifestyle.

The case was investigated by the FBI. Assistant U.S. Attorneys Patrick Burns and Steven Myhre prosecuted the case.

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A Wynona man pleaded guilty Wednesday in U.S. District Court for dismantling and stealing oil pumping rig equipment from pumpjacks in Osage County, announced U.S. Attorney Trent Shores.

Lee Charles Smith, 32, pleaded guilty to Destruction of an Energy Facility. In his plea agreement, Smith admitted to dismantling and stealing the oil pumping rig equipment from Sept. 14 through Sept. 17, 2018.

"The oil and gas industry is the life blood of the Oklahoma economy. Lee Charles Smith dismantled pumpjack rig motors in Osage County to sell for parts. His thievery was an attack on the livelihood of all Oklahomans,” said U.S. Attorney Trent Shores. “I’m proud of the investigative team for bringing Smith to justice. He caused in excess of $30,000 in damages and disrupted valuable production time. This United States Attorney’s Office will work with our law enforcement partners to prosecute the destruction and theft of pumping equipment.”

U.S. District Judge Gregory K. Frizzell accepted Smith’s plea and set sentencing for Jan. 16, 2020.

The Osage County Sheriff’s Office, Oklahoma State Bureau of Investigation and FBI conducted the investigation.  Assistant U.S. Attorney Scott Proctor is prosecuting the case.

BROWNSVILLE, Texas – A 43-year old U.S. citizen has been ordered to federal prison following his admission that he possessed child pornography, announced U.S. Attorney Ryan K. Patrick. Donavan Lyle Herrera pleaded guilty Feb. 6, 2019. 

Today, U.S. District Judge Rolando Olvera Jr. sentenced Herrera to 121 months of federal imprisonment. He will also serve 10 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. Herrera will also be ordered to register as a sex offender. A hearing will be held at a later date to determine restitution.

On or about Oct. 19, 2018, law enforcement initiated an investigation of child pornography sharing which led them to Herrera’s address in Brownsville. On Nov. 15, 2018, authorities executed a search warrant at Herrera’s home at which time they seized a computer and other digital devices. A forensic analysis resulted in the discovery of approximately 41 images and 81 videos of child pornography.

He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) - Rio Grande Valley Child Exploitation Task Force conducted the investigation.

Assistant U.S. Attorney Ana C. Cano prosecuted 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."

BROWNSVILLE, Texas – A 68-year-old Brownsville man has been ordered to prison following his convictions of distributing and possessing child pornography, announced U.S. Attorney Ryan Patrick. Arnoldo Villagomez  pleaded guilty Jan. 4, 2018.

Today, U.S. District Judge Rolando Olvera Jr. sentenced Villagomez to 120 months for the distribution and possession convictions, respectively. The sentences will run concurrently for a total 10-year term of imprisonment. Villagomez was further ordered to pay $263,952.83 in restitution to the known victims and will serve 10 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.

In July 2016, authorities learned an as-yet-unidentified individual in Brownsville was involved in distributing child pornography via the internet. The investigation led them to an address in Brownsville where Villagomez resided.

Law enforcement executed a search warrant Nov. 9, 2016, and seized a computer and other digital devices belonging to Villagomez. Forensic analysis later revealed more than 5,000 images and 145 videos of child pornography.

Immigration and Customs Enforcement’s Homeland Security Investigations - Rio Grande Valley Child Exploitation Task Force conducted the investigation.

Assistant U.S. Attorney Ana C. Cano prosecuted the case which was brought as part of Project Safe Childhood(PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.

Assistant U.S. Attorney Dylan M. Aste (619) 546-7621

NEWS RELEASE SUMMARY– October 16, 2019

SAN DIEGO – Dr. Roger A. Kasendorf, an osteopathic physician practicing in La Jolla, agreed to pay $125,000 to resolve allegations that he illegally prescribed opioids to his patients. The highly addictive and frequently abused opioids he prescribed included fentanyl, hydromorphone, oxymorphone, and oxycodone.

In response to the Justice Department’s focus on combatting the opioid epidemic, the Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) investigated Dr. Kasendorf’s prescribing practices.  This investigation arose from data analytics tools which allow the Department of Justice to perform a variety of functions, including identifying statistical outliers, such as which doctors prescribe the highest opioid dosages and which doctors prescribe combinations of opioids and other drugs known to increase the risk of addiction, abuse, and overdose. Based on the investigation, the United States contends that Dr. Kasendorf wrote prescriptions for opioids, including fentanyl, that were not issued for a legitimate medical purpose and while not acting in the usual course of his professional practice in violation the Controlled Substances Act and the False Claims Act.

“Opioid addiction often begins with doctors prescribing excessive amounts of pain killers,” said U.S. Attorney Robert S. Brewer, Jr.  “While we continue to prosecute criminals who supply opioids on the dark web, we will also hold doctors accountable when they write illegitimate and unnecessary opioid prescriptions.  This settlement demonstrates our commitment to combatting the opioid epidemic on all fronts.”

“Whether you are a patient, a prescriber, a distributor, a manufacturer or a regulator, you play an important role in utilizing opioids correctly and pursuant to the law,” said DEA Special Agent in Charge Karen Flowers.  “When a DEA registrant operates outside the law, there are consequences.  In this instant, a civil fine.”  

The Centers for Disease Control and Prevention (CDC), the American Academy of Pain Medicine, the American Pain Society, state agencies and medical boards, and other medical literature provide guidance on appropriate practices when prescribing opioids.  One common tool is for health care providers to determine the Morphine Milligram Equivalent (MME, also commonly referred to as Morphine Equivalent Dose or MED) of prescribed opioids.  MME is a uniform scale used to determine daily opioid dosage by using an equivalency factor to calculate a dose of morphine that is equivalent to the prescribed opioid.  The CDC recommends primary care clinicians who prescribe opioids for chronic pain outside of active cancer treatment, palliative care, or end‑of‑life care should avoid increasing opioid daily dosage over 90 MME or carefully justify a decision to titrate daily dosage to over 90 MME.  Prescribers should also seek to avoid prescribing opioid pain medication in combination with benzodiazepines (e.g., Xanax, Valium, Klonopin) when possible, and should consider whether the benefits outweigh the risks of combining opioids with other depressants (i.e., muscle relaxants and sleep medications).

Report illicit pharmaceutical activities and prescription abuse to DEA at 877-RX-Abuse (877‑792‑2873).  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the U.S. Department of Health and Human Services at 800‑HHS-TIPS (800-447-8477).

This matter was handled by Assistant U.S. Attorney Dylan M. Aste of the U.S. Attorney’s Office for the Southern District of California, with the assistance of agents and investigators from the DEA and HHS‑OIG.

The claims resolved by this settlement are allegations only and there has been no determination of liability.

Assistant U. S. Attorney Michael A. Deshong (619) 546-9290  

NEWS RELEASE SUMMARY– October 16, 2019

SAN DIEGO – Drug dealer Trevon Antone Lucas was sentenced in federal court today to 15 years in prison for selling the counterfeit oxycodone pills containing deadly fentanyl that caused the overdose death of a La Jolla resident in June of 2018.    

Lucas, a resident of Highland, California, pleaded guilty in June to Distribution of Fentanyl Resulting in Death. In his plea, he admitted that he posted online advertisements for the illegal sale of prescription pills. The investigation revealed that Lucas was warned about the danger of the pills he was selling on two separate occasions. In late 2017, Lucas was warned that the pills he was selling were counterfeit and contained fentanyl that was much stronger than oxycodone pills.  Then, just two months prior to the victim’s death in mid-2018, Lucas was explicitly warned that counterfeit pills containing fentanyl had caused the overdose of a San Diego resident.  Lucas was undeterred and continued to sell the counterfeit pills.

“Trevon Lucas knew the pills he was selling were deadly, but he sold them anyway, showing a remarkable disregard for the safety and well-being of his fellow human beings,” said U.S. Attorney Robert Brewer. “His greed transcended his humanity, and for that he will serve a very long sentence.” Brewer praised prosecutor Michael Deshong and federal, state and local investigators who worked hard to protect the community from the scourge of opioids and achieve justice for the victim and his family.

“Our hearts go out to the victim’s family,” said DEA Special Agent in Charge Karen Flowers. “The potential of their loved one will never be realized; but their hopes, dreams, love and laughter will forever be remembered. Earthly justice is a small measure of what awaits those who prey on the weak out of greed.”  Flowers further stated, “We at DEA are proud to be part of bringing justice to families scarred by the scourge of drug trafficking. We are relentless and we will not shy from putting murderers out of business.  No matter how hard it is or how long it takes, DEA will always be in pursuit until we can close the case and look at the victim’s loved ones and say, justice is done.”

According to Lucas’ plea agreement, on the evening of June 29, 2018, Lucas met the victim and sold him nine “blues,” a slang term for prescription oxycodone pills, for $240.  The “blues” purchased from Lucas were counterfeit and contained deadly fentanyl—the same pills that Lucas had previously been warned about selling.  The victim died after consuming the pills.  The victim’s mother found him dead in his room the following morning.      

Three other individuals, Cenclair Marie Fields, Kevin Vandale Chandler and Donovan Adontas Carter were  charged in the same indictment with conspiring with Lucas to distribute prescription hydrocodone pills.  All three have since pleaded guilty and been sentenced. 

This case is the result of ongoing efforts by the U.S. Attorney’s Office, the San Diego County District Attorney’s Office, and multiple law enforcement agencies to investigate and prosecute the distribution of dangerous illegal drugs that result in overdose deaths.

Many opioid addicts start their addiction with legitimate prescription drugs. Drug cartels, looking to capitalize on the opioid epidemic, are making counterfeit prescription pills using deadly fentanyl.  More than 399,000 people died from opioid overdoses, including prescription and illicit opioids, from 1999–2017.

In July 2018, Narcotics Task Force Team 10 was created to address drug overdose deaths in San Diego County.  Team 10’s first investigation was the fentanyl drug overdose of this La Jolla man on June 30, 2018.  The victim was 37 years old and he left behind his mother and brother.  He had recently completed his bachelor’s degree in radiological sciences and was preparing to fly to the East Coast for a specialized program in dosimetry at the time he passed. 

DEFENDANTS                                            Case Number 18cr4224-CAB         

Trevon Antone Lucas                                     Age: 23                       Highland, CA

SUMMARY OF CHARGES

Distribution of Fentanyl Resulting in Death – Title 21, U.S.C., Section 841(b)(1)(C)

Maximum Penalty: Mandatory minimum 20 years in prison up to life

AGENCIES

Drug Enforcement Administration

San Diego Police Department

Homeland Security Investigations

California Department of Health Care Services

Federal Bureau of Investigation

San Diego County District Attorney’s Office