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Georgia Pair Sentenced for Methamphetamine Drug and Firearm Charges

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RALEIGH– United States Attorney Robert J. Higdon, Jr. announced that in federal court, Chief United States District Judge Terrence W. Boyle sentenced CHRISTIAN TOLEDO,also known as “FLACO,” 24 of Athens, Georgia, to 180 months imprisonment and 5 years supervised release for possession with the intent to distribute fifty grams or more of methamphetamine, aiding and abetting, and possession of a firearm in furtherance of a drug trafficking crime. ARTURTO BAHENA, 28, also of Athens, Georgia was sentenced on December 17, 2019 to 262 months imprisonment, followed by 5 years of supervised release for conspiracy to distribute and possess with the intent to distribute fifty grams or more of methamphetamine, aiding and abetting, and possession with intent to distribute fifty grams or more of methamphetamine, aiding and abetting. 

TOLEDO and BAHENA were named in an indictment filed on January 15, 2019, charging both with conspiracy to distribute and possess with the intent to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine, aiding and abetting.  TOLEDO was also charged with possession of a firearm in furtherance of a drug trafficking gram.  On September 23, 2019, BAHENA pled guilty to his charges.

According to the investigation, the Greenville Police Department and Drug Enforcement Administration utilized a confidential source to order five kilograms of crystal methamphetamine from a supplier in Atlanta, Georgia.  After learning that the drugs had arrived in Greenville, North Carolina, officers stopped TOLEDO and BAHENA and located the five kilograms in a backpack in their car.  Officers also located two handguns in the car registered to TOLEDO

The prosecution of TOLEDO and BAHENA was a part of an Organized Crime and Drug Enforcement Task Force Operation (OCDETF) targeting drug traffickers.  This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative.  This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

The Greenville Regional Drug Task Force and Drug Enforcement Administration (DEA) conducted the investigation of this enforcement operation.  Assistant United States Attorney Dena King represented the government. 

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.


Investigation into child sex tourism leads to conviction and life sentence for Noblesville man

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Indianapolis – United States Attorney Josh J. Minkler announced today the sentencing of Noblesville, Ind. man, Charles Skaggs, Jr., age 53, to life in federal prison after his conviction at trial during July 2019 for sexual exploitation of a minor, possession of child pornography, and concealment of evidence. Skaggs had a prior conviction out of Clark County, Ind. for sexual misconduct with a minor.

 “Today’s sentence sends a strong message to those who seek to exploit our minor children that you will be prosecuted to the fullest extent of the law, particularly those with prior records of child exploitation,” said Minkler. “Protecting our youth from sexual predators will always remain a top priority of this office and this life sentence will ensure that the public is safe from any future victimization from this defendant.”

This case began in 2015 as an investigation by the Federal Bureau of Investigation (“FBI”) of child sex tourism in Ukraine, including Skaggs’ work with orphanages there. In December 2016, Skaggs was searched at the U.S. Customs area of the Minneapolis-St. Paul International Airport during his return trip from Ukraine to Indiana. Law enforcement officers recovered thumb drives that contained child pornography, including child pornography that Skaggs’ produced in Indiana.

Skaggs was arrested by the FBI. Prior to his arrest, Skaggs hid a hard drive in the ceiling of a shared laundry room in his residence. During Skaggs’ pretrial detention at the Henderson County Detention Center, law enforcement officers intercepted a note written by Skaggs, which disclosed the location of the hard drive. The hard drive contained, among other things, images of videos of child pornography, including copies of the same pornography found on the thumb drives seized at the airport.

Skaggs had a bench trial before the Honorable Sarah Evans Barker, United States District Judge, Southern District of Indiana, on July 22, 2019 through July 24, 2019. Skaggs was convicted of all nine counts of sexual exploitation of a minor, two counts of possession of child pornography, and one count of concealment of evidence.

This case was investigated by the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI-St. Paul), U.S. Customs and Border Protection (CBP), and the Indiana State Police.

“Children are among the most vulnerable in our society and it is our collective responsibility to protect them from predators such as Mr. Skaggs. His life sentence should send a clear message to those who engage in this conduct - you will be investigated, identified, and prosecuted - and you will go to prison,” said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. “The teamwork between our agents and state law enforcement partners ensured there is one less predator victimizing the most innocent of our communities.”

“Sexual predators, like Charles Skaggs, who think they can avoid U.S. laws by traveling abroad for the purpose of sexually exploiting children will find no safe refuge upon their return to the U.S., said Tracy J. Cormier, Special Agent in Charge of HSI St. Paul. “HSI proudly stands with our law enforcement partners and remains steadfastly committed to doing all we can to stop this heinous practice.”

According to Assistant United States Attorneys MaryAnn T. Mindrum and Kyle M. Sawa, who prosecuted this case for the government, Skaggs must also serve 5 years of supervised release following his sentence.

In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those who exploit or harm children and to work closely with Project Safe Childhood. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1 and 4.2.

Bank Robber Pleads Guilty Mid-Trial

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Memphis, TN – After demanding and starting a federal jury trial, Arnold Eden, 52, has pleaded guilty to bank robbery before the completion of proof in the case. U.S. Attorney D. Michael Dunavant announced the guilty plea today.

According to information presented in court, on July 3, 2017, at approximately 1:17 p.m., the Hope Federal Credit Union located at 2923 Ridgeway Road, was robbed by threatened force and coercion. Hope Credit Union is federally insured by the National Credit Union Administration. A male entered the credit union, approached the teller, and provided a note demanding money. The teller recalled the note stating, "I have a gun. I have nothing to lose. I want two stacks of hundreds." The teller complied and provided $2,602 in cash. The suspect then fled the scene.

The robber was described on video surveillance wearing a black "Kangol" hat; a white t-shirt turned inside out, black shorts, and tennis shoes. The robber was described as being 6’2", weighing 160-170lbs, 55-60 years of age, with a gray beard.

While exiting the credit union, video depicts the robber touching the interior glass door. Officers with the Memphis Police Department lifted latent fingerprints which were identified as belonging to the defendant.

Sentencing is scheduled for May 8, 2020, before U.S. District Court Judge Mark S. Norris, where Eden faces up to 20 years in federal prison followed by 3 years supervised release.

United States Attorney D. Michael Dunavant said: "Bank robbery is a violent crime that threatens the very fabric of our financial institutions that provide commercial services to citizens and the community. These disturbing and brazen acts of violence will not be tolerated, and will be met with firm resolve, quick investigative action, and aggressive federal prosecution. By collaborating with our federal, state and local partners, we will use every available resource to ensure the safety of our citizens and security of our banking institutions."

This case was investigated by the Memphis Police Department and the FBI’s Safe Streets Task Force.

Assistant U.S. Attorney Marques Young and Special Assistant U.S. Attorney Samuel D. Winnig are prosecuting this case on behalf of the government. Winnig is currently assigned from the Shelby County District Attorney General‘s Office for the purpose of prosecuting violent crimes and firearms offenses in federal court.

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Bronx Man Pleads Guilty to Conspiracy to Commit Bank Fraud and Identity Theft

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            CONCORD - Albert Paulin, 43, of Bronx, New York, pleaded guilty in federal court to conspiracy to commit bank fraud and aggravated identity theft, United States Attorney Scott W. Murray announced today.

            According to court documents and statements made in court, from approximately August of 2017, to approximately January of 2018, Paulin conspired with others to withdraw money from other person’s bank accounts.  Specifically, Paulin drove runners to a number of bank branches and provided them with false driver’s licenses that contained bank customers’ personal identifying information and the runners’ photographs.  Paulin also provided the runners with the account holders’ bank account number.  The runners then entered the bank branches and withdraw funds from bank accounts with the information provided by Paulin.

            In total, Paulin’s runners successfully withdrew over $109,900 and attempted to withdraw an additional $43,700 from over 19 victims’ bank accounts.

            Paulin is scheduled to be sentenced on May 14, 2020.

            “Bank fraud and identify theft offenses cause great harm to victims and undermine confidence in our financial institutions,” said U.S. Attorney Murray. “The damage is increased when organized criminal conspiracies are involved.  Fraudsters who come to New Hampshire to commit crimes should know that our law enforcement community is working hard to protect our citizens. Those who seek to profit from fraud will be caught and they will be prosecuted.”

            This matter was investigated by the U.S. Postal Inspection Service.  The case is being prosecuted by Assistant U.S. Attorney Matthew Hunter.

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Chicago, Illinois Man Sentenced To 20 Years In Prison

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SOUTH BEND – David Gibson, 48, of Chicago, Illinois was sentenced before South Bend District Court Judge Jon E. DeGuilio for conspiracy to distribute more than one kilogram of heroin, announced U.S. Attorney Kirsch.

Mr. Gibson was sentenced to 240 months in prison (to be served consecutively to a 12 year federal sentence in Wyoming) followed by 10 years of supervised release. 

On September 20, 2019, Mr. Gibson and his co-defendant, Mr Harris were found guilty of conspiracy to distribute over a kilogram of heroin after a 4-day jury trial.  According to evidence presented at trial, Mr. Gibson conspired with others to sell heroin in and around South Bend.  The conspirators shared a cellphone that customers called to arrange purchases of heroin.  The evidence showed that undercover law enforcement officers purchased heroin from members of the conspiracy on 28 separate occasions between March and October of 2017.  Phone records showed that the shared cellphones had over 80,000 contacts during the time of the conspiracy.  Mr. Gibson directed the sales conducted by those who sold heroin to the undercover officers.

This case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives with the assistance from several local police agencies including the St. Joseph County Drug Investigation Unit, Indiana State Police, South Bend Police Department, Mishawaka Police Department, the Elkhart Police Department, the Interdiction and Covert Enforcement (ICE) Unit consisting of Elkhart County and Goshen Officers , the St. Joseph County Police Department and the St. Joseph County Prosecutor’s Office.  The case was handled by Assistant U.S. Attorneys Joel Gabrielse and Molly Donnelly.

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Defendants sentenced for arranging and participating in fraudulent marriages to deceive immigration officials

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ATLANTA - Yuly Cesar Perez-Sale is the last of 31 defendants to be sentenced in connection with four-related indictments alleging marriage fraud and other immigration offenses concerning fraudulent marriages between Cuban nationals and United States citizens, and undocumented aliens from the countries of Honduras, Mexico, Uruguay, Brazil, Peru, and Venezuela. 

“These defendants attempted to thwart the immigration laws of the United States by operating and participating in a fraudulent marriage factory,” said U.S. Attorney Byung J. “BJay” Pak. “Some of the defendants abused the law that allowed them as Cuban nationals to remain legally in this country. Thanks to the diligence and multi-state investigation of Homeland Security Investigation special agents, these defendants have been successfully prosecuted and, where applicable, deported.”

“Marriage fraud undermines the integrity of this nation’s immigration system”, said acting Special Agent in Charge Robert Hammer, who oversees HSI operations in Georgia and Alabama. “This multi-year investigation, led by HSI Atlanta’s Document and Benefit Fraud Task Force, is a testament to the tenacity of the task force who worked for years to see through the house of lies these “couples” built through fraud and illegal payments.”

According to U.S. Attorney Pak, the charges and other information presented in court:  In November 2013, U.S. States Citizenship and Immigration Services (USCIS) and Homeland Security Investigations (HSI) in Atlanta, Georgia, began investigating a marriage fraud scheme involving undocumented aliens entering into fraudulent marriages with Cuban nationals, and U.S. citizens, to illegally gain immigration status in the United States. 

Beginning in February 2001, and continuing through December 2016,  the primary organizers of the scheme, Carolina Chow, Betiluz Suarez, Teodoro Gonzalez-Bonora, Marzuella Hernandez, and Jorge Morales-Amador, recruited and paid Cuban nationals and U.S. citizens to marry the illegal aliens. The illegal aliens then agreed to pay either Chow, Suarez, Gonzalez-Bonora, Marzuella Hernandez, or Morales-Amador as much as $20,000 to find and arrange a marriage with a Cuban national or U.S. citizen.

Once the fraudulent marriage was arranged, these defendants scheduled meetings between the aliens and their purported spouses.  During the meetings, the aliens were informed about the price for the marriage, the date of payment, and how to answer questions posed to them by immigration officials.

In the course of investigating this large-scale criminal operation, the lead HSI case agents traveled all over the U.S., locating targets of the investigation and developing evidence to support these prosecutions. In all, the four indictments returned by a grand jury resulted in guilty pleas by and convictions for the following defendants on the dates below:

Case I – United States v. Carolina Chow et. al.

  • Alfredo Romero-Hernandez, 56, of Atlanta, Georgia, Conspiracy to Defraud the United States.  Convicted April 10, 2019;
    Lidia Pico-Guzman, 47, of Beaumont, Texas., Immigration Document Fraud.  Convicted April 9, 2019;
  • Isandra Perez-Batista, 49, of Amarillo, Texas, Immigration Document Fraud.  Convicted October 18, 2018;
    Carolina  Chow, 47, of Atlanta, Georgia, Conspiracy to Defraud the United States and Improper Entry by Alien.  Convicted September 19, 2018;
  • Juan Del Toro Peligrino, 51, of Houston, Texas, Alien Harboring and Immigration Document Fraud.  Convicted May 15, 2018.
    Margida  Reyna Ruiz, 59, of Houston, Texas, Conspiracy to Defraud the United States.  Convicted April 24, 2018;
  • Yoanka Matos, 34, of  Jacksonville, Florida, Alien Harboring.  Convicted April 24, 2018;
  • Josvany Perez-Lopez, 44, of Houston, Texas, Alien harboring and Immigration Document Fraud.  Convicted November 15, 2017;
  • Dagnay Rivera Nunez, 42, of Miami, Florida, Harboring Aliens.  Convicted November 13, 2017;
  • Nuria Chabeco-Mustelier, 51, of Houston, Texas, Conspiracy to Defraud the United States, Alien Harboring, and Immigration Document Fraud.  Convicted November 13, 2017;
    Francisco Castellano-Arjona, 42, of Miami, Florida, Immigration Document Fraud.  Convicted November 2, 2017;
  • Teodoro Gonzalez Bonora, a/k/a Teo, 49, of Atlanta, Georgia, Alien Harboring and Immigration Document Fraud.  Convicted August 9, 2017; and
    Anibal Valdes, 28, of Houston, Texas, Alien Harboring and Immigration Document Fraud.  Convicted June 27, 2017.

 

Case II – United States v. Jorge Morales-Amador et. al.

  • Lourdes Guerra-Mendez, 49, of Atlanta, Georgia, Marriage Fraud.  Convicted April 2, 2018;
  • Jorge Morales-Amador, 50, of Ft. Pierce, Florida, Conspiracy to Defraud the United States and Marriage Fraud.  Convicted March 13, 2018;
  • Janelle Berry, 25, of Atlanta, Georgia, Marriage Fraud.  Convicted October 24, 2017;
  • Lamesha Sheppard, 28, of Atlanta, Georgia, Conspiracy to Defraud the United States and Marriage Fraud.  Convicted September 28, 2017; and
  • Susset De La Torres, 40, of Atlanta, Georgia, - Marriage Fraud and Alien Harboring.  Convicted May 3, 2017.

 
Case III – United States v. Betiluz Suarez et. al.

  • Alexander Alayo, 47, of Miami, Florida, Conspiracy to Defraud the United States.  Convicted January 4, 2018;
  • Betiluz Suarez, 51, of Atlanta, Georgia, Alien Harboring.  Convicted December 20, 2017; and
  • Jose F. Polanco, 40, of Atlanta, Georgia, Alien Harboring.  Convicted December 18, 2017.

 
Case IV: United States v. Maruzella Hernandez et. al.

  • Miriam Martinez-Pol, 53, of Houston, Texas, Conspiracy to Defraud the United States.  Convicted March 21, 2018;
  • Lazaro Machin, 54, of San Antonio, Texas, Alien Harboring and Immigration Document Fraud.  Convicted February 20, 2018;
  • Ofelia Astiazarain-Cabrera, 55, of Houston, Texas, Alien Harboring.  Convicted February 20, 2018;
  • Mercedes Acevedo-Alonso, 35, of Tampa, Florida, Alien Harboring and Immigration Document Fraud.  Convicted February 15, 2018;
  • Maruzella Hernandez, 51, of Atlanta, Georgia, Conspiracy to Defraud the United States and Alien Harboring.  Convicted February 14, 2018;
  • Yosvany Mendoza-Gonzalez, 49, of Austin, Texas, Alien Harboring.  Convicted November 28, 2017;
  • Jose Antonio Polanco-Penalver, 49, of Atlanta, Georgia, Conspiracy to Defraud the United States and Alien Harboring.  Convicted September 27, 2017; and
  • Mayelis Hernandez-Almenares, 41, of Atlanta, Georgia, Alien Harboring and Immigration Document Fraud.  Convicted September 6, 2017.

 
Yuly Cesar Perez-Sale, 52, of Miami, Florida, was sentenced by U.S. District Judge Eleanor L. Ross.  Perez-Sale pleaded guilty on October 16, 2019, to the offenses of Conspiracy to Defraud the United States and Alien Harboring.
 
The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations investigated these cases.

Assistant U.S. Attorneys Stephanie Gabay-Smith, Mary Webb, and Richard S. Moultrie, Jr., Chief of the Violent Crime & National Security Section, prosecuted the cases.
 
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

Former Atlanta Regional Commission employee pleads guilty to accepting bribes

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ATLANTA - Marc Hannon-White, a former Atlanta Regional Commission employee, pleaded guilty to accepting bribes in exchange for promising to steer federally subsidized students to particular training providers.

“While working at the Atlanta Regional Commission, Hannon-White was supposed to be administering federally funded workforce development programs,” said U.S. Attorney Byung J. “BJay” Pak.  “Instead, he solicited and accepted bribes to unjustly enrich himself.”

“Hannon-White bribed workforce training providers to enrich himself. His actions undermined the integrity of federally funded programs, intended to aid those with significant barriers to employment, find meaningful jobs and careers.   We will continue to work with our law enforcement partners to investigate these types of allegations,” said Rafiq Ahmad, Special Agent-in-Charge, Atlanta Region, U.S. Department of Labor, Office of Inspector General.

“The key to public trust is holding public officials accountable for abusing their power for personal gain at the expense of our taxpayers,” said State of Georgia Inspector General Deb Wallace.

According to U.S. Attorney Pak, the charges and other information presented in court: The Workforce Innovation and Opportunity Act (WIOA), and the Workforce Investment Act (WIA), are federal public laws designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.

The Atlanta Regional Commission (ARC) administers WIOA and WIA funds by serving as the administrative agency for the Atlanta Regional Workforce Development Board for the Georgia counties of Cherokee, Clayton, Douglas, Fayette, Gwinnett, Henry, and Rockdale.  In this role, ARC oversees federally funded workforce development programs for those seven counties. 

Between February 2014 and January 2015, Hannon-White worked for the division of ARC that administered, managed, and staffed those federally funded workforce development programs.  During this time, Hannon-White used his position to solicit and accept payments from training providers that received federal funds for each qualified student they trained.  In all, more than $15,000 in federal funds were at issue.  As detailed in the indictment, Hannon-White arranged some of the bribe payments by text, sending his bank account number to one training provider who then caused money to be deposited into the account in exchange for receiving additional students.

On November 5, 2019, a federal grand jury indicted Marc Hannon-White, 52, of Atlanta, Georgia, for conspiracy to commit bribery, conspiracy to commit extortion, and extortion.  Hannon-White pleaded guilty to conspiracy to commit bribery, and is scheduled to be sentenced on May 11, 2020, at 10:00 a.m., before U.S. District Court Judge Thomas W. Thrash, Jr. 

The U.S. Department of Labor Office of Inspector General investigated this case with the help of the State of Georgia Office of Inspector General.

Assistant U.S. Attorney Bret R. Hobson is prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

Ohio man sentenced for his role in cocaine and heroin distribution operation

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WHEELING, WEST VIRGINIA – Diego L. Hansard, of Canal Winchester, Ohio, was sentenced today to 121 months incarceration for his role in a cocaine and heroin distribution operation that spanned two states, U.S. Attorney Bill Powell announced.

Hansard, also known as “Rico,” age 33, pled guilty to one count of “Maintaining a Drug-involved Premises” in November 2019. Hansard admitted to maintaining a place at 4335 Jacob Street, Wheeling, West Virginia, to distribute cocaine, cocaine base, and heroin from April 2018 to September 2018 in Ohio County.

Assistant U.S. Attorneys Stephen L. Vogrin and Danae DeMasi-Lemon prosecuted the case on behalf of the government. The investigation was led by the Ohio County Drug & Violent Crimes Task Force, a HIDTA-funded initiative. The task force is comprised of the Drug Enforcement Administration, West Virginia State Police, the Ohio County Sheriff’s Office, and the Wheeling Police Department. Those assisting in the arrests are the United States Marshal Service; Marshall County Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Martins Ferry, Ohio Police Department; and the Columbus, Ohio Police Department.

U.S. District Judge John Preston Bailey presided.


Former Stockman Bank employee sentenced to prison for stealing from customers

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BILLINGS—A former Stockman Bank commercial loan assistant who admitted stealing money from the accounts of two customers, including a mentally incompetent elderly man, was sentenced today to 57 months in prison and five years of supervised release and ordered to pay $195,949 restitution, U.S. Attorney Kurt Alme said.

Shawn Al Logan, 31, of Shepherd, pleaded guilty in October to theft, embezzlement, misapplication by bank employee, engaging in monetary transactions in criminally derived property and aggravated identity theft.

U.S. District Judge Susan Watters presided and continued Logan’s release pending assignment by the Bureau of Prisons.

In court documents filed in the case, the prosecution said Logan, a commercial loan assistant, fraudulently obtained or attempted to obtain more than $243,000 in customer funds for his personal benefit. Logan worked on customer accounts of an elderly man who was mentally incompetent and interacted with the man’s representative, who had power of attorney. The representative lived in Florida, was authorized to handle the man’s accounts and traveled to Billings a few times a year.

Beginning in September 2017, Logan made unauthorized withdrawals from the man’s account for his own benefit by issuing debit cards in the representative’s name. When the representative confronted Logan about unauthorized debit transactions, Logan made a series of misrepresentations to the representative, all designed to hide what had actually occurred.

Logan also made a series of unauthorized internal transfers from the account of another Stockman bank customer to the elderly man’s account, from which Logan would pay his own creditors and make deposits into his own accounts.

When interviewed by the bank, Logan initially said all of the flagged internal bank transfers and checks were approved by Stockman customers. However, when confronted by evidence concerning one of the checks payable to his American Express account, Logan said he did not want to answer any more questions.

Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by the FBI, the Federal Deposit Insurance Corporation’s Office of Inspector General and the IRS.

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U.S. Attorney Announces Tax Charges Against Poughkeepsie Business Owner

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Jonathan D. Larsen, Special Agent in Charge of the New York Office of the Internal Revenue Service, Criminal Investigation Division (“IRS-CI”), announced federal tax charges against WILLIAM R. GROGG for knowingly and willfully failing to pay over payroll taxes for his company and for corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws.  GROGG was presented in White Plains federal court yesterday before U.S. Magistrate Judge Judith C. McCarthy. 

U.S. Attorney Geoffrey S. Berman said:  “As alleged, William R. Grogg failed to pay over payroll taxes for his company for years, and then lied to the IRS about it.  This cost the government hundreds of thousands of dollars in tax revenue.  Grogg now faces 18 counts of criminal tax charges, and the possibility of time behind bars.”

IRS-CI Special Agent in Charge Jonathan D. Larsen said:  “As the indictment against Mr. Grogg demonstrates, using employment taxes for personal and business expenses is illegal, and therefore subject to criminal enforcement. Employment tax enforcement is among the IRS’s highest priorities and our Special Agents will continue to vigorously investigate these criminal allegations.”

According to the allegations in the Indictment[1]:

Since at least the late 1980s, GROGG has worked in the printing and publishing industry in and around Poughkeepsie, New York.  Over his more than three decades in the industry, GROGG has owned, managed, and/or otherwise had significant control over the financial affairs of a number of printing and publishing companies, including:  Hamilton Reproductions, Inc. (“Hamilton Reproductions”), Hamco, which was later called Netpub Corporation (together, “Hamco/Netpub”), Netpublications Inc. (“Netpublications”), and MCA-Netpub (“MCA”).  In or around 1994, the IRS assessed a civil penalty of approximately $368,639.93 against GROGG, as a responsible person, for willfully failing to collect, account for, and pay over to the IRS payroll taxes owed by Hamilton Reproductions. 

From at least the fourth quarter of 2013 through the fourth quarter of 2017, GROGG was the sole owner, president, and/or controlling officer of Netpublications and MCA, which, at any given time, had approximately 20 to 50 paid employees.  As the owner and operator of Netpublications and MCA, GROGG was a responsible person under federal law for collecting, truthfully accounting for, and paying over payroll taxes to the IRS.

GROGG caused Netpublications and, later, MCA to employ a third-party payroll service (the “Payroll Service”), which, among other things, prepared Netpublications’ and MCA’s quarterly payroll tax returns.  Those returns were provided to GROGG.  Although Netpublications and MCA withheld payroll taxes from employees’ paychecks as directed by the Payroll Service, GROGG failed to pay over the withheld payroll taxes, as well as Netpublications’ and MCA’s matching Social Security and Medicare contributions, to the IRS.  Instead, GROGG spent the withheld payroll taxes, which GROGG was required to hold in trust for the United States Government, on personal and business expenses.

In addition, when GROGG was contacted by the IRS in connection with his payroll tax compliance, he made a series of materially false statements to the IRS in writing and during interviews with IRS-CI.  These statements included that Netpublications and MCA were originally owned by a deceased Canadian businessman, and that a deceased associate of the Canadian businessman kept certain of Netpublications’ records in a garage until they were destroyed in a flood.  These and other false statements that GROGG made were intended to obstruct and impede the IRS.

*                *                *

GROGG, 69, of Millbrook, New York, is charged with 17 counts of knowingly and willfully failing to pay over Netpublications’ and MCA’s payroll taxes, each of which carries a maximum sentence of five years in prison, and one count of corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws, which carries a maximum sentence of three years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Berman praised the outstanding investigative work of special agents from IRS-CI.  The prosecution of this case is being handled by the Office’s White Plains Division.  Assistant United States Attorney Benjamin A. Gianforti is in charge of the prosecution.

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

 

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

Youngest Member of Murderous Family Conspiracy Sentenced

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RICHMOND, Va. – A Richmond man was sentenced today to 52 years in prison for his role in multiple carjackings, including one that resulted in a death.

According to court documents, Philip Friend, 36, was the youngest member of an entire family (a mother and her three sons; plus a cousin and some associates), who created a plan to steal a semi-trailer truck from an interstate trucker. They planned to travel to McAllen, Texas, where they would pick up a load of marijuana to distribute on the East Coast. In March 1999, the group attempted to hijack the truck of their first victim, Soren Cornforth, who they found sleeping in his truck as he waited to deliver potatoes from Idaho to a produce company in Richmond. When Cornforth strongly resisted, the Friends shot and killed him without taking his truck. About six weeks later, the Friends hijacked another independent trucker, John Cummings, stealing his rig. Philip Friend beat Cummings so viciously that he was maimed and lost his ability to work as a trucker. Two weeks later, in April 1999, the Friend clan carjacked their third victim, an independent trucker named Sam Lam, murdering him and taking his rig to Texas in search of marijuana. 

Friend, who was just shy of 16 years old during this killing spree, originally pleaded guilty in 2000. Federal sentencing guidelines called for a mandatory life sentence, which he received. Years later, Friend’s case was sent back to the district court for resentencing after the Supreme Court held that a mandatory life sentence for a juvenile offender was unconstitutional.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney Brain R. Hood prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:99-cr-201.

Captured: Final Wanted "Operation Benchwarmers" Defendant Taken Into Custody In Texas

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Macon, Ga. — The final defendant wanted in “Operation Benchwarmers” was taken into custody by FBI agents in Dallas, Texas on Wednesday afternoon, announced Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. Andrew Bravo Jimenez, aka “Droopy,” 25, of Athens and Texas, was captured by FBI-Dallas agents, with assistance from FBI-Atlanta. Jimenez is charged with one count conspiracy to possess with intent to distribute methamphetamine, heroin and crack cocaine, which carries a maximum life prison sentence, along with one count possession with intent to distribute heroin. Federal indictments were unsealed last week in “Operation Benchwarmers,” charging 17 defendants wanted on federal gun and drug charges. More than 300 law enforcement members from 24 agencies and task forces participated in “Operation Benchwarmers” on Tuesday, January 21, 2020 in the Athens-Clarke County region, arresting 16 charged defendants that day. According to the Athens-Clarke County Police Department (ACCPD), “Operation Benchwarmers” is the largest law enforcement operation in the department’s history, netting an estimated street value of $955,986 in illegal narcotics, including heroin and methamphetamine, along with 43 firearms and assault rifles, plus $84,013 in cash.

“I want to commend the dedication of the FBI in pursuing and capturing this wanted defendant, found hundreds of miles away attempting to evade arrest,” said U.S. Attorney Charlie Peeler. “All 17 defendants charged in ‘Operation Benchwarmers’ have now been taken into custody, thanks to the excellent work of two dozen law enforcement agencies and more than 300 people. This operation was a success because of their relentless commitment to keeping Georgia communities safe.”

“We would like to thank our FBI Dallas field office for their assistance in making this final arrest in ‘Operation Benchwarmers,’” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “They are one of two dozen federal, state and local law enforcement agencies, integral in our effort to protect the law abiding citizens in the Athens area, making those citizens’ communities safer today.”

“The capture of the final defendant in this case brings closure, not only for the dedicated men and women of law enforcement who worked tirelessly to make this investigation a success, but also for the citizens of Athens, Georgia who deserve a safe community free from dangerous and deadly substances that wreak havoc on society,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division.

“ACCPD is pleased to learn that the final violent felon in this operation is off the streets and will be brought back to Georgia to face charges,” said ACCPD Chief Cleveland Spruill. “It further illustrates that local, state, and federal agencies can and will work together to bring violent criminals to justice.”

The investigation was conducted by the FBI Middle Georgia Safe Streets Gang Task Force, the Northeast Georgia Regional Drug Task Force, the Athens-Clarke County Police Department (ACCPD), the Drug Enforcement Administration (DEA) and the United States Attorney’s Office for the Middle District of Georgia, with the assistance of the following agencies:

  • Athens-Clarke Fire Department
  • Banks County Sheriff’s Office
  • Clarke County Sheriff’s Office
  • DeKalb County Police Department
  • FBI
  • FBI-Dallas
  • Georgia Bureau of Investigation
  • Georgia Department of Community Supervision
  • Georgia Department of Corrections
  • Georgia State Patrol
  • Greene County Sheriff’s Office
  • Gwinnett County Police Department
  • Homeland Security Investigations  
  • Madison County Sheriff’s Office
  • Oconee County Sheriff’s Office
  • City of Statham Police Department
  • United States Marshals Service
  • United States Probation Office
  • Walton County Sheriff’s Office

Federal indictments charging 17 individuals have been unsealed. An indictment is only an allegation of criminal conduct, and all of the defendants are presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt. The following individuals are charged and have been taken into custody, unless otherwise noted:

The following 16 subjects are charged with conspiracy to possess with intent to distribute methamphetamine, heroin and crack cocaine. The penalty is a mandatory minimum ten years in prison up to a maximum life term in prison, a $10 million dollar fine and five years supervised release:

Rickshun Willigham, aka “Teddy,” 32, of Athens

Jaquavious T. Turner, aka “Take One”

Jamian Huff, aka “Dunk,” 34, of Athens

Andrew Bravo Jimenez, aka “Droopy”

Manuel Gonzalez Romero, of Athens and Mexico

Steven Ricole Scott, aka “Black,” aka “Unc,” 43, of Athens

Antonio M. Mitchell, aka “Tonio,” 30, of Athens

Marques Ward, aka “YG,” 31, of Athens

Ttajia Forney, 19, of Athens

Christopher Sanders, aka “Chris,” 33, of Athens

Bernard Barnett, aka “Nard,” 22, of Athens

Maquila Jones, aka “Qui,” 20, of Athens

Nicholas Jackson, aka “Nick Bean,” 26, of Athens

Terrell Bush, aka “T-Rock,” 45, of Athens

Shaddrick Cox, aka “Shad,” 24, of Athens

Robert Bolton, Jr., aka “Rob,” 31, of Athens

The following ten subjects are charged with distribution of cocaine base/crack cocaine. The penalties range from a maximum 20 years in prison to a maximum 40 years in prison: 

Rickshun Willigham, aka “Teddy,” 32, of Athens (15 counts)

Jaquavious T. Turner, aka “Take One” (9 counts)

Jamian Huff, aka “Dunk,” 34, of Athens

Bernard Barnett, aka “Nard,” 22, of Athens (2 counts)

Shaddrick Cox, aka “Shad,” 24, of Athens

Steven Ricole Scott, aka “Black,” aka “Unc,” 43, of Athens (3 counts)

Christopher Sanders, aka “Chris,” 33, of Athens

Robert Bolton, Jr., aka “Rob,” 31, of Athens

Antonio M. Mitchell, aka “Tonio,” 30, of Athens

Maquila Jones, aka “Qui,” 20, of Athens

The following eight subjects are charged with possession of a firearm in furtherance of a drug trafficking crime. The penalty is a mandatory minimum five years in prison up to a maximum life term in prison: 

Rickshun Willigham, aka “Teddy,” 32, of Athens (12 counts)

Jaquavious T. Turner, aka “Take One” (7 counts)

Bernard Barnett, aka “Nard,” 22, of Athens (3 counts)

Christopher Sanders, aka “Chris,” 33, of Athens

Antonio M. Mitchell, aka “Tonio,” 30, of Athens

Marques Ward, aka “YG,” 31, of Athens

Ttajia Forney, 19, of Athens

Shaddrick Cox, aka “Shad,” 24, of Athens 

The following three subjects are charged with distribution of heroin. The penalty is a maximum 20 years in prison: 

Rickshun Willigham, aka “Teddy,” 32, of Athens (5 counts)

Jaquavious T. Turner, aka “Take One” (3 counts)

Bernard Barnett, aka “Nard,” 22, of Athens (2 counts)

The following six subjects are charged with possession with intent to distribute heroin. The penalties range from a maximum 20 years in prison to a maximum 40 years in prison:

Marques Ward, aka “YG,” 31, of Athens

Ttajia Forney, 19, of Athens

Terrell Bush, aka “T-Rock,” 45, of Athens

Nicholas Jackson, aka “Nick Bean,” 26, of Athens 

Manuel Gonzalez Romero, of Athens and Mexico 

Andrew Bravo Jimenez, aka “Droopy”

The following two subjects are charged with distribution of methamphetamine. The penalty is a maximum 20 years in prison: 

Rickshun Willigham, aka “Teddy,” 32, of Athens

Bernard Barnett, aka “Nard,” 22, of Athens

The following two subjects are charged with possession with intent to distribute methamphetamine. The penalty is a maximum 20 years in prison: 

Marques Ward, aka “YG,” 31, of Athens

Ttajia Forney, 19, of Athens 

The following subject is charged with possession of a firearm by a convicted felon. The penalty is a maximum ten years in prison:

Armand Payne, 39, of Athens

The following subjects were taken into custody during “Operation Benchwarmers” on state charges:

Luis Besave-Lagunas (Charged in Madison County with Trafficking Heroin, Trafficking Methamphetamine and Possession of a Firearm during the Commission of a Felony)

Zenon Carrera-Ferrer (Charged in Athens-Clarke County with Trafficking Methamphetamine, Trafficking Heroin and Possession of Cocaine)

Dwight Moreland (Probation Violation)

Andreas Lane (Charged in Madison County with Possession with Intent to Distribute Heroin, Possession of a Firearm by a Convicted Felon and Probation Violation)

Adian Mapp (Charged in Madison County with Possession with Intent to Distribute Heroin and Possession of a Firearm by a Convicted Felon)

Leonard Jackson (Charged in Athens-Clarke County with Possession of a Firearm by a Convicted Felon)

The following firearms, cash and illegal drugs were seized: 

  • 43 firearms seized (including 8 assault rifles)
  • $84,013 U.S. Currency seized
  • 8.34 kilograms of heroin (Street Value: $667,200)
  • 4.3 pounds of crystal methamphetamine (Street Value: $195,400)
  • 26.1 ounces of crack cocaine (Street Value: $78,200)
  • 2.4 pounds of marijuana (Street Value: $4,376)
  • 3.31 ounces of power cocaine (Street Value: $9,400)
  • 94 controlled pharmaceuticals (Street Value: $940)
  • 40 grams of oxycodone (Street Value: $470)
     

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.

Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.

11 Bronx Gang Members Charged In Manhattan Federal Court With Racketeering, Firearms, And Narcotics Offenses

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot F. Shea, Commissioner of the New York City Police Department (“NYPD”), Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and Margaret Garnett, Commissioner of the New York City Department of Investigation (“DOI”), announced today the unsealing of an Indictment charging NYSHIEM SPENCER, a/k/a “Willy,” LAFONE ELEY, a/k/a “Fon Fon,” STEFVON ELEY, a/k/a “Balla,” SHALIK JENKINS, a/k/a “Sha Money,” a/k/a “Double O,” MALIK TUNSTALL, a/k/a “Leaky,” PRICE TUNSTALL, a/k/a “P-Black,” NASIR VINCENT, ALLAN GONZALEZ, a/k/a “Bobby,” JONELL DANFORTH, a/k/a “JD,” ELIJAH BURT, a/k/a “Dizzy,” and ASHANAE MCLAUGHLIN with participating in a racketeering conspiracy as members and associates of the Monroe Houses Crew, which operates principally in the James Monroe Houses in the Soundview neighborhood of the Bronx.

As part of the racketeering conspiracy, SPENCER is charged with the October 31, 2017, murder of Luis Vargas.  LAFONE ELEY is charged with shooting at a rival gang member on June 25, 2017.  STEFVON ELEY is charged with shooting a disfavored member of the Monroe Houses Crew on June 30, 2017, and with shooting at rival gang members on May 30, 2018.  VINCENT, DANFORTH, and BURT are charged with slashing a rival gang member on September 14, 2019.  SPENCER, JENKINS, MALIK TUNSTALL, PRICE TUNSTALL, VINCENT, GONZALEZ, and DANFORTH are charged with participating in a narcotics conspiracy.  MCLAUGHLIN is charged with bank fraud conspiracy and aggravated identify theft.  Seven defendants were arrested today and will be presented this afternoon before United States Magistrate Judge James L. Cott.  Three defendants are in state custody on other charges and will be transferred to federal custody at a later date.  The case has been assigned to United States District Judge Analisa Torres.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged in the indictment, the defendants in this case were members of a violent crew operating in the James Monroe Houses in the Bronx.  The violence perpetrated by Monroe Houses Crew members is exemplified by the murder, slashing, and three shootings alleged in today’s indictment.  Thanks to the efforts of our partners at the NYPD, HSI, and DOI, the defendants now face federal charges for their crimes.”           

NYPD Commissioner Dermot F. Shea said:  “Violence in the streets of New York City will not be tolerated.  The stellar investigative efforts of our NYPD detectives, working together with our law enforcement partners and federal prosecutors, has shut down a violent crew to maintain safety for all.”

HSI Special Agent-in Charge Peter C. Fitzhugh said:  “As alleged in the indictment, the Monroe Houses crew was responsible for multiple acts of violence and other forms of mayhem.  The defendants are charged with participating in shootings, a slashing, narcotics distribution, and bank fraud.  HSI is allied with our law enforcement partners to hold crew members accountable for the havoc they wreak on our communities, and together we will ensure there are consequences for their actions.”

DOI Commissioner Margaret Garnett said:  “DOI is committed to ensuring that New York City public housing remains free from violent gang activity that invades our communities and erodes the safety of residents.  We are proud to have partnered with the U.S. Attorney for the Southern District of New York, New York City Police Department, and the New York Field Office of Homeland Security Investigations to secure today’s indictment and protect the residents of the James Monroe Houses.”

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

NYSHIEM SPENCER, a/k/a “Willy,” LAFONE ELEY, a/k/a “Fon Fon,” STEFVON ELEY, a/k/a “Balla,” SHALIK JENKINS, a/k/a “Sha Money,” a/k/a “Double O,” MALIK TUNSTALL, a/k/a “Leaky,” PRICE TUNSTALL, a/k/a “P-Black,” NASIR VINCENT, ALLAN GONZALEZ, a/k/a “Bobby,” JONELL DANFORTH, a/k/a “JD,” ELIJAH BURT, a/k/a “Dizzy,” and ASHANAE MCLAUGHLIN,” are members and associates of the Monroe Houses Crew, a racketeering enterprise that operates principally in the James Monroe Houses.  In order to enrich the enterprise, preserve and protect the power of the enterprise, and enhance its criminal operations, Monroe Houses Crew members and associates committed, conspired, attempted, and threatened to commit acts of violence, including murder; distributed and possessed with intent to distribute narcotics; committed robberies; engaged in fraud; and obtained, possessed, and used firearms.

On or about October 31, 2017, SPENCER and others planned and helped carry out a shooting that resulted in the death of Luis Vargas in the vicinity of 1715 Randall Avenue in the Bronx, New York.

On or about June 25, 2017, LAFONE ELEY and others shot at a rival gang member in the vicinity of the James Monroe Houses in the Bronx, New York.

On or about June 30, 2017, STEFVON ELEY shot and injured a member of the Monroe Houses Crew who had fallen out of favor with other members of the Monroe Houses Crew, in the vicinity of the James Monroe Houses in the Bronx, New York.

On or about May 30, 2018, STEFVON ELEY shot at rival gang members in the vicinity of Rosedale Avenue and Randall Avenue in the Bronx, New York.

On or about September 14, 2019, VINCENT, DANFORTH, BURT, and others slashed a rival gang member in the vicinity of 670 Castle Hill Avenue in the Bronx, New York.                

*                *                *

A chart containing the names, charges, and maximum and minimum penalties for the defendants is set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the NYPD, HSI, and DOI.

This case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorneys Andrew K. Chan and Justin V. Rodriguez 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.

 

COUNT

CHARGE

DEFENDANTS

MAX. PENALTY

Count One

Racketeering conspiracy

18 U.S.C. § 1962(d)

NYSHEIM SPENCER

Life imprisonment

LAFONE ELEY
STEFVON ELEY
SHALIK JENKINS
MALIK TUNSTALL
PRICE TUNSTALL
NASIR VINCENT
ALLAN GONZALEZ JONELL DANFORTH ELIJAH BURT
ASHANAE MCLAUGHLIN

20 years’ imprisonment

Count Two

Violent crime in aid of racketeering

18 U.S.C. §§ 1959 and 2

LAFONE ELEY

20 years’ imprisonment 

Count Three

Firearms offense

18 U.S.C. §§ 924(c) and 2

LAFONE ELEY

Life imprisonment

Mandatory minimum of ten years’ imprisonment

Court Four

Violent crime in aid of racketeering

18 U.S.C. §§ 1959 and 2

STEFVON ELEY

20 years’ imprisonment 

Count Five

Firearms offense

18 U.S.C. §§ 924(c) and 2

STEFVON ELEY

Life imprisonment

Mandatory minimum of ten years’ imprisonment

Count Six

Violent crime in aid of racketeering

18 U.S.C. §§ 1959 and 2

STEFVON ELEY

20 years’ imprisonment

Count Seven

Firearms offense

18 U.S.C. §§ 924(c) and 2

STEFVON ELEY

Life imprisonment

Mandatory minimum of ten years’ imprisonment

Count Eight

Violent crime in aid of racketeering

18 U.S.C. §§ 1959 and 2

NASIR VINCENT
JONELL DANFORTH ELIJAH BURT

20 years’ imprisonment

Count Nine

Narcotics conspiracy

21 U.S.C. § 846

NYSHEIM SPENCER
SHALIK JENKINS
MALIK TUNSTALL
PRICE TUNSTALL
NASIR VINCENT
ALLAN GONZALEZ JONELL DANFORTH

Life imprisonment

Mandatory minimum of ten years’ imprisonment

Count Ten

Bank fraud conspiracy

18 U.S.C. § 1349

ASHANAE MCLAUGHLIN

30 years’ imprisonment

Count Eleven

Aggravated identity theft

18 U.S.C. § 1028A and 2

ASHANAE MCLAUGHLIN

Mandatory two years’ imprisonment

 

 

 

[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.

Mount Holly Woman Is Sentenced To More Than Four Years In Prison For $1 Million Car Loan Scheme

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CHARLOTTE, N.C. – Kimberlie L. Flemings, 51, of Mount Holly, N.C., was sentenced today to 57 months in prison and two years of supervised release, for her role in a $1 million fraudulent car loan scheme, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Robert J. Conrad Jr. also ordered Flemings to pay more than $600,000 in restitution.

In October 2018, a federal jury convicted Flemings of conspiracy to commit wire and bank fraud, wire fraud affecting financial institutions, and multiple counts of financial institution fraud.

Two of Flemings’s co-conspirators, Stanley Reginald Barron, and Brian Lyles, previously were sentenced to 18 months and 15 months in prison, respectively, for their involvement in the scheme.

According to today’s sentencing hearing, filed court documents, and evidence presented at Flemings’s trial, from at least 2012 to 2015, Flemings, Barron, Lyles, and others submitted dozens of fraudulent automobile and personal loan applications in their own names, as well as the names of more than 30 other individuals, to at least 19 banks and credit unions. As part of the scheme, loan applications were submitted in the name of a deceased individual and a disabled, elderly veteran. To facilitate the fraud, the co-conspirators created fake automobile dealerships that purported to be the sellers of vehicles purchased with the fraudulent loans. The co-conspirators also set up bank accounts, websites, and addresses associated with these fake automobile dealerships, and created fictitious purchase orders, which were submitted to the financial institutions as part of the loan application. As a result of the fraudulent applications, the co-conspirators obtained more than $1 million in fraudulent loan proceeds. 

Flemings, Barron and Lyles generally deposited the fraudulently obtained checks from the financial institutions into accounts Barron controlled. After keeping a portion of the proceeds, Barron distributed the rest to Flemings, Lyles, and others.  According to court records, the majority of the loans defaulted, causing losses to the defrauded financial institutions.  To cover up the fraud, the co-conspirators made false statements to the banks and credit unions that attempted to collect on the debts, including that borrowers had been the victims of identity theft and that they had not authorized the loans.

In announcing Fleming’s sentence, Judge Conrad highlighted Flemings’ “many acts of fraudulent conduct” over the course of several years and emphasized the need to further the sentencing goals of general and specific deterrence and to protect the public from future crimes. 

In making today’s announcement U.S. Attorney Murray thanked the United States Postal Inspection Service (USPIS) and the Office of Inspector General of the Federal Housing Finance Agency for their investigation of the case, and recognized the North Carolina Division of Motor Vehicles for their assistance.  

Assistant U.S. Attorneys Daniel Ryan and Taylor J. Philips of the U.S. Attorney’s Office in Charlotte are in charge of the prosecution. 

Philadelphia Tax Preparer Sentenced to Two Years in Prison For Causing Tax Loss of Over $2 Million

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PHILADELPHIA – United States Attorney William M. McSwain announced that Abdoulaye Coumbassa, 44, of Philadelphia, PA was sentenced to 24 months’ imprisonment, one year supervised release, and ordered to pay $224,478 in restitution to the IRS by United States District Court Judge R. Barclay Surrick for preparing and filing false tax returns for clients of his tax preparation business, Abbi Tax Services and Accounting, in Philadelphia.

The defendant pleaded guilty in October 2019 to the offense of aiding and assisting in the preparation of false returns, and agreed with an estimate of the tax losses he caused exceeding $2 million. From at least 2012 to 2015, Coumbassa prepared and filed fraudulent Income Tax Returns, and related forms and schedules, on behalf of his clients. Coumbassa primarily falsified these returns by attaching false ‘Schedule C’ forms to the clients’ returns. These ‘Schedule C’ forms falsely claimed that the client had a business that lost money, and the inclusion of these false Schedules offset the clients’ taxable income -- thereby either inflating the refunds his clients would otherwise be owed, or causing entitlement to refunds where taxes should have been owed.

“Tax preparers are supposed to be part of the gatekeeping system that ensures that our tax laws are followed. Here, the defendant did just the opposite and planned a massive fraud,” said U.S. Attorney McSwain. “When our tax laws are ignored, especially to this extent, we all lose. The defendant not only broke the law, but he also victimized individuals who simply wanted to do the right thing and pay their taxes – and they are now working to get their fiscal lives back in order. This sentence should send a message to tax cheats: don’t do it, or else my Office will investigate your crimes and you may soon be headed to jail.”

“Tax refunds should only be issued to taxpayers who are entitled to them,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “Falsifying a tax return to obtain or bolster a tax refund is a crime; one that the courts take very seriously, as evidenced by the sentence Mr. Coumbassa received.”

The case was investigated by the Internal Revenue Service, and is being prosecuted by Assistant United States Attorney Bea L. Witzleben and Department of Justice Tax Division Trial Attorney Sarah Ranney.


Elizabeth City Man Sentenced to Imprisonment for Possessing Gun After Spree of Breaking and Enterings

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RALEIGH— United States Attorney Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge Terrence W. Boyle, sentenced TYRESE ANTRON COFIELD, 37, of Elizabeth City to 78 months’ imprisonment, followed by 3 years of supervised release.  COFIELD was named in a single-count Indictment on May 9, 2019, charging him with possession of a firearm by a felon.  On November 26, 2019, hepled guilty to a single-count Criminal Information charging the same offense. 

According to the investigation, in early October 2018, the Elizabeth City Police Department was investigating a string of home and vehicle break-ins that had occurred over the previous several weeks.  Detectives reviewed GPS monitoring data from defendant Tyrese COFIELD, who was subject to post-release electronic monitoring from previous breaking and entering (B&E) convictions in state court.  COFIELD’s GPS data placed him at the location of numerous break-ins, including 13 open investigations of residential B&E, and seven additional vehicular B&E investigations.  The GPS data showed that COFIELD often returned to his residence after visiting the locations of these break-ins.

On October 4, 2018, law enforcement executed a search warrant for COFIELD’s Elizabeth City residence.  In COFIELD’s bedroom, they found numerous items that had been reported stolen, including IDs and bank cards belonging to B&E victims.  Also in COFIELD’s room, officers found a Taurus 9mm handgun, loaded with one round.  Having already sustained over 40 state felony convictions for property, drug, and firearm crimes, COFIELD was prohibited from possessing a firearm.

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

That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina.  This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.  For more information about this initiative click here:  https://www.justice.gov/usao-ednc/tbnc.

The Elizabeth City Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation.  Assistant United States Attorney Jake D. Pugh represented the government.

***

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.      

Penn Hills Man Pleads to Drug and Firearms Offenses in Project Safe Neighborhoods Case

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PITTSBURGH – A former Allegheny County resident pleaded guilty in federal court today to violating the federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.

Antwon Shamar Bonner, age 21, formerly of Penn Hills, pleaded guilty to possessing with intent to distribute a quantity of heroin, a Schedule I controlled substance, and to possessing firearms in furtherance of that drug trafficking crime, before United States District Judge Marilyn J. Horan.

In connection with the guilty plea, the court was advised that on July 12, 2019, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives served a search warrant at the Defendant’s residence in Penn Hills, Allegheny County. There, agents located approximately 36 "bricks" (constituting approximately 1,800 individual dosage units) containing mixtures of both heroin and fentanyl, which are scheduled controlled substances under federal law. In connection with his guilty plea, the Defendant admitted to possessing those narcotics with the intent to distribute them. In addition to those narcotics, agents seized approximately $2,000 in U.S. currency, four loaded and operational firearms, one of which had an obliterated serial number, assorted ammunition, and high-capacity firearms magazines. In connection with his plea, the Defendant admitted that he possessed those firearms in furtherance of the drug trafficking crime charged in the Indictment.

Judge Horan scheduled sentencing for April 23, 2020 at 1:00 p.m. The Court directed that Mr. Bonner remain in the custody of the United States Marshall, where he has been held following his arrest by ATF agents on July 12, 2019. The law provides for a total sentence of not less than five (5) years and up to life in prison, a fine not to exceed $1,250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.

The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Mr. Bonner.

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

Charlotte Woman Is Sentenced To More Than Two Years For Stealing Over $458,000 From Retirees' Accounts

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CHARLOTTE, N.C. – Cynthia Williams-Singleton, 42, of Charlotte, was sentenced today to 27 months in prison and two years of supervised release for stealing more than $458,000 from the accounts of retirees, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, U.S. District Judge Robert J. Conrad Jr. also ordered Williams-Singleton to pay $462,265.40 as restitution.

Reginald A. DeMatteis,Special Agent in Charge of the United States Secret Service, Charlotte Field Office, joins U.S. Attorney Murray in making today’s announcement.

According to filed court documents and today’s sentencing hearing, from December 2016 to June 2018, Williams-Singleton was a customer service representative with a call center located in Charlotte, for a company identified in court documents as “Company 1.” As a call center representative, Williams-Singleton worked on accounts associated with “Client A,” and had access to Company 1’s data systems that contained, among other things, retirement fund records for Client A’s benefit plan participants and their beneficiaries, including the participants’ personally identifiable information (PII). 

According to court documents, Williams-Singleton carried out the fraud by accessing a participant’s account when the participant contacted the call center. After speaking with the participant and discovering that the participant was unsure or unaware of his or her account balance, Williams-Singleton informed the participant that the participant’s account was either empty, or had less funds than it did. She thenadded herself, her relatives and others, as beneficiaries of that participant’s account.  Using her access to customers’ PII and retirement fund records, Williams-Singleton made unauthorized transfers of funds from Client A’s plan participants’ retirement accounts into bank accounts in her own name or under her control. During the course of the scheme, Williams-Singleton fraudulently withdrew approximately $458,772.88 in participant and beneficiary funds from approximately eight participant accounts without authorization. Generally, the holders of the participant accounts victimized by Williams-Singleton were persons over the age of 70.

Williams-Singleton pleaded guilty to wire fraud in June 2019. She will be ordered to report to the federal Bureau of Prisons to begin serving her sentence upon designation of a federal facility.  All federal sentences are served without the possibility of parole.

The investigation was handled by the U.S. Secret Service. Assistant U.S. Attorney Jenny Sugar, with the U.S. Attorney’s Office in Charlotte, prosecuted the case.

In March 2019, Andrew Murray, U.S. Attorney for the Western District of North Carolina, announced the Office’s Elder Justice Initiative, which aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educate older adults on how to identify scams and avoid becoming victims of financial fraud; and promote greater coordination with law enforcement partners. For more information please visit: https://edit.justice.gov/usao-wdnc/elder-justice-initiative

 

Tampa Woman Sentenced To More Than Three Years In Federal Prison For Tax Fraud Scheme

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Tampa, Florida – U.S. District Judge William F. Jung today sentenced Derraka Reed to three years and six months in federal prison for theft of government funds and access device fraud in connection with filing fraudulent tax returns. The court also ordered Reed to pay $128,740 in restitution to the IRS.

Reed had pleaded guilty on November 30, 2018.

According to court documents, between 2012 and 2014, Reed filed more than 100 fraudulent tax returns with the IRS, using dozens of stolen identities. Altogether, her fraudulent tax returns claimed more than $580,000 in tax refunds. Reed successfully obtained $128,740 in fraudulent tax refunds.

This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.

U.S. Attorney’s Office Honors 32 Individuals In Awards Ceremony For Outstanding Efforts In Fighting Crime

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Harrisburg – The United States Attorney’s Office for the Middle District of Pennsylvania announced that U.S. Attorney David J. Freed presented awards on Thursday, January 30, 2020, to 32 individuals, including law enforcement officers, agency counsel and private citizens for their outstanding efforts in fighting crime.

“We are pleased and proud to have the opportunity to recognize the contributions of our local, state and federal partners from throughout the Middle District,” said U.S. Attorney Freed.  “Too often, the hard work of unsung heroes goes unrecognized. Today’s ceremony emphasizes the industry and dedication that fuels our efforts to reduce crime and enhance public safety.”

The award recipients are being honored for their distinguished service, lifetime service and outstanding contributions to cooperative law enforcement. Those honored at Thursday’s ceremony included:

Two law enforcement members received the Lifetime Service Award which recognized their many years of exemplary service to their agency:   

  • York County Drug Task Force Detective Sergeant Craig Fenstermacher; and
  • Retired Special Agent Chris Kegerreis with the IRS, Criminal Investigation Division.

Four law enforcement members received an Award For Outstanding Contributions to Cooperative Law Enforcement for significantly increasing cooperation among law enforcement agencies:

  • York County District Attorney David W. Sunday;
  • ATF Special Agent Jarrod Chittum;
  • One PA State Police Task Force Officer working with FBI’s Safe Street Task Force in Harrisburg; and
  • PA State Police Task Force Officer Shawn Wolfe working with FBI’s Safe Street Task Force in Harrisburg.

Associate Regional Counsel for Criminal Enforcement, Environmental Protection Agency, Martin Harrell received an Award For Outstanding Contributions As a Special  Assistant United States Attorney for his contributions as the primary contact for all Middle District environmental criminal cases prosecuted by this office for over thirty years and for serving as a Special Assistant United States Attorney on many of those matters.

C.A.R.E. Court volunteer Albert R. Murray, Esquire received an award for Community Service for his six years of dedicated volunteer service to the Middle District Court Assisted Re-entry (C.A.R.E.) program.

The following individuals received an Award For Distinguished Service for their exceptional work of the “Southside” investigation that led to the successful prosecution of approximately 30 members of the Southside gang, a violent criminal enterprise that operated in York County.

  • Retired Special Agent Scott Endy, ATF;
  • Special Agent Ryan Anderson, ATF;
  • Detective Scott Nadzom, York City P.D.;
  • Detective Paul DeHart, York City P.D.;
  • Detective Andrew Shaffer, York City P.D;
  • Retired Detective Barton Seelig, York City P.D.;
  • Detective Zachary Pelton, York City P.D.;
  • Detective Timothy Shermeyer, York City P.D.;
  • Detective Travis Sowers, York City P.D.;
  • Detective Andy Baez, York City P.D.;
  • Detective Kyle Hower, York City P.D.;
  • Lt. William Wentz, York City P.D. and
  • Police Officer Stephen Aderhold, York City P.D.

Five law enforcement members received an Award for their Distinguished Service for their tireless efforts of the Dr. Fui Li prosecution of a corrupt physician who operated a massive “pill mill” under the guise of a pain management clinic:

  • DEA Diversion Investigator James Hischar;
  • DEA Diversion Investigator Louis Callavini;
  • DEA Diversion Investigator Denise Williamson;
  • DEA Diversion Investigator William E. Davis; and
  • IRS Special Agent Carmine Pellegrino.

The following law enforcement members received an Award for Distinguished Service for their outstanding efforts of the “cross-border fraud” investigation that led to criminal charges being filed against 54 Canadian individuals and 23 domestic defendants since 2007 for various international mass-marketing consumer fraud schemes victimizing senior citizens nationwide of millions of dollars:

  • United States Postal Inspection Service Investigative Support Analyst Nicholas M. Alicea;
  • United States Postal Inspection Service Investigative Support Analyst Michael C. Hartman;
  • United States Postal Inspection Service Investigative Support Analyst David L. Bobersky;
  • United States Postal Inspection Service Inspector James F. Wilson; and
  • United States Postal Inspection Service General Analyst Sharon R. Miller.

United States Postal Inspector Michael J. Corricelli received an Award for Distinguished Service for his many years of exceptional service to the Middle District in serious child exploitation and drug trafficking investigations.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

 

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