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Registered Sex Offender Gets 50 Years On Child Pornography Charges

WICHITA, KAN. – A registered sex offender who pleaded guilty to committing child sexual exploitation crimes while still on supervised release in a previous case was sentenced today to 50 years in federal prison, U.S. Attorney Stephen McAllister said.

Daniel Eric Merida, 36, El Dorado, Kan., pleaded guilty to one count of producing child pornography, one count of distributing child pornography, one count of transporting child pornography, two counts of possessing child pornography, and one count of sending obscene material to a minor.

In his plea, Merida admitted using the internet to contact a minor beginning in 2012 when she was 12 years old. He used the internet to sexually exploit the victim, sending her obscene material as well as child pornography. During a search in March 2018, he was found in possession of additional child pornography. After his arrest in November 2018, a second search revealed the defendant had used online storage to transport more child pornography, and he was in possession of more child pornography on his phone.

McAllister commended Homeland Security Investigations (HSI), the Wichita Police Department, the Kansas Internet Crimes Against Children Task Force, the Royal Canadian Mounted Police, the Elizabeth Township Police Department and Assistant U.S. Attorney Jason Hart for their work on the case.


Wichita Bank Robber Wichita Bank Robber

WICHITA, KAN. – A Wichita man pleaded guilty today in federal court to robbing a bank, U.S. Attorney Stephen McAllister said.

Timothy B. Riggans, 57, Wichita, Kan., pleaded guilty to committing a robbery July 30, 2018, at Emprise Bank, 257 N. Broadway in Wichita. Riggans approached a teller and demanded money. A security guard apprehended him outside the bank with the stolen money.

Sentencing is set for May 11. He could face a penalty of up to 20 years in federal prison and a fine up to $250,000.

McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.

Two Members Of Bronx Gang Charged With Racketeering, Firearms, And Narcotics Offenses

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging two members of the Woodycrime gang (“Woodycrime”) with various racketeering, firearms, and narcotics offenses, including assault with a deadly weapon and attempted murder in aid of racketeering for committing a June 7, 2018, shooting in Nelson Playground in the Bronx, during which two individuals, including a 13-year-old child, were struck by gunfire.

The defendants, MARVIN GAMONEDA, a/k/a “June,” and LUILLY FERNANDEZ, a/k/a “Luigi,” were taken into custody yesterday evening.  They will be presented today before U.S. Magistrate Judge Robert W. Lehrburger.  The case is assigned to U.S. District Judge John G. Koeltl.   

U.S. Attorney Geoffrey S. Berman said:  “As alleged in the indictment, the defendants carried out a shooting in a playground that injured two individuals, including a child.  Thanks to the extraordinary work of the FBI and the NYPD, the defendants now face federal charges for their crimes.”

FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, these men fired off weapons at a playground, and a child was hit, all because they wanted to protect their turf.  It’s not their turf, it’s not their land, they don’t own it, and everything they’re allegedly doing is illegal and potentially deadly.  I want to commend the outstanding work of the New York FBI/NYPD Metro Safe Streets Task Force for the investigation that led to the arrest of these two men, and doing all they can to get alleged criminals who show no respect for anyone’s life out of the communities they’re terrorizing.”

NYPD Police Commissioner Dermot Shea said:  “The NYPD, in close cooperation with our federal partners, is making New Yorkers safer by focusing significant resources on the relatively small percentage of criminals responsible for much of our city’s crime and disorder.  I commend the NYPD officers, federal investigators, and prosecutors whose hard work resulted in these arrests and charges.”

As alleged in the Indictment unsealed today in Manhattan federal court[1]:

Woodycrime was a criminal enterprise involved in committing numerous acts of violence, including attempted murders and assaults, as well as drug dealing in the Bronx.  Members and associates of Woodycrime engaged in violence to retaliate against rival gangs, to preserve and expand the gang’s territory, and to protect the gang’s narcotics business.  Members and associates of Woodycrime enriched themselves by selling drugs, such as crack cocaine, marijuana, oxycodone, and MDMA or “ecstasy.”  

The Indictment charges GAMONEDA and FERNANDEZ in Count One with participating in a racketeering conspiracy.  Counts Two through Four charge the defendants with conspiracy to commit murder, assault with a deadly weapon and attempted murder in aid of racketeering, and a related firearms offense in connection with the Nelson Playground shooting.  Counts Five and Six charge the defendants with narcotics conspiracy and a related firearms offense.  Count Seven charges GAMONEDA with being a felon in possession of ammunition. 

*                      *                     *

Charts containing the names, ages, charges, and maximum penalties for the defendants are 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 and the FBI.

This case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorneys Karin Portlock and Andrew Chan 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. PENALTIES

1

Racketeering conspiracy

 

18 U.S.C. § 1962(d)

MARVIN GAMONEDA (33)

LUILLY FERNANDEZ (26)

 

20 years in prison

2

Conspiracy to commit murder in aid of racketeering

 

18 U.S.C. § 1959

MARVIN GAMONEDA

LUILLY FERNANDEZ

10 years in prison

3

Assault with a deadly weapon and attempted murder in aid of racketeering

 

18 U.S.C. § 1959

MARVIN GAMONEDA

LUILLY FERNANDEZ

 

20 years in prison

 

 

4

Using and carrying firearms during and in relation to, and possessing firearms in furtherance of, a crime of violence, which firearms were discharged

 

18 U.S.C. § 924(c)

MARVIN GAMONEDA

LUILLY FERNANDEZ

Life in prison

 

Mandatory minimum of 10 years in prison

5

Narcotics trafficking conspiracy

 

21 U.S.C. § 846

MARVIN GAMONEDA

LUILLY FERNANDEZ

5 years in prison

 

 

6

Using and carrying firearms during and in relation to, and possessing firearms in furtherance of, a drug trafficking crime

 

18 U.S.C. § 924(c)

MARVIN GAMONEDA

LUILLY FERNANDEZ

Life in prison

 

Mandatory minimum of 5 years in prison

7

Possessing ammunition after being convicted of a felony

 

18 U.S.C. § 922(g)

MARVIN GAMONEDA

10 years in prison

 

[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.

Inland Empire Man Convicted of Federal Criminal Charges for Making Threats Against Congressional Staffers and an Intern

          LOS ANGELES– A San Bernardino County man has been found guilty by a jury of federal criminal charges that he made harassing telephone calls to government offices and threatened to injure congressional staffers and an intern who answered the calls.

          Robert Eric Stahlnecker, 48, of Twentynine Palms, was found guilty yesterday evening of one count of making threats by interstate commerce and five counts of anonymous telecommunications harassment. The jury acquitted him of two counts of threatening federal employees.

          According to the evidence presented at his two-day trial, on September 26, 2019, Stahlnecker made eight telephone calls within a seven-minute span to the Washington, D.C., office of Sen. Sherrod Brown of Ohio. During the calls, Stahlnecker berated the intern who answered the call, insulted the intern by using vulgar language and finally, threatened to come to the senator’s office to kill her.

          Between September and November 2019, Stahlnecker made multiple abusive telephone calls to staff members and interns of multiple members of Congress.

          Stahlnecker has made more than 10,000 calls to government agencies and elected officials between January and November of last year, according to court documents.

          United States District Judge Stephen V. Wilson has scheduled a May 4 sentencing hearing, at which time Stahlnecker will face a statutory maximum of five years in federal prison.

          The United States Capitol Police and the Department of Veterans Affairs, Office of Inspector General investigated this case.

          This matter is being prosecuted by Assistant United States Attorneys Peter H. Dahlquist and Robert S. Trisotto of the Riverside Branch Office.

Belton Man Pleads Guilty to Child Pornography After His Lost Cell Phone is Found at a Truck Stop

KANSAS CITY, Mo. – A Belton, Missouri, man whose lost cell phone containing child pornography was found at a truck stop, pleaded guilty in federal court today.

Christopher Lee Caven, 39, pleaded guilty before U.S. Magistrate Judge John T. Maughmer to receiving child pornography over the internet.

By pleading guilty today, Caven admitted that he used his cell phone to receive child pornography via Kik, an online sharing application.

Caven’s cell phone was found at the Flying J Truck Plaza in Peculiar, Missouri, on March 5, 2017. The person who found the cell phone was unable to locate the owner and attempted to conduct a factory reset of the phone in order to set it up for his own use. In the process, however, he discovered a large amount of child pornography in the photo folder and contacted law enforcement.

Investigators found 402 video files of child pornography and 302 images of child pornography on Caven’s cell phone. Many of the images depicted children as young as toddlers posed in sexual positions or being sexually violated by others.

Under the terms of today’s plea agreement, the government and Caven agree to recommend to the court a sentence between 15 years and 18 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Catherine A. Connelly. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Southwest Missouri Cyber Crime Task Force.

Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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."

New Jersey Woman Entered into Sham Marriage to Provide Nigerian Native Living in Pittsburgh with Lawful Permanent Residency

PITTSBURGH, PA - A New Jersey resident has plead guilty in federal court in Pittsburgh to a charge of conspiracy to defraud the United States, United States Attorney Scott W. Brady announced today.

Entering a guilty plea before United States District Court Judge Marilyn J. Horan was Ajia Strauss, age 28, of Newark, NJ.

According to information presented to the court, from June 2016, to March 2019, Monsuru Ogunbiyi and Ajia Strauss conspired with one another to defraud the United States. Ogunbiyi, a native and citizen of Nigeria who was living in Pittsburgh, and Strauss, a native and citizen of the United States, agreed to enter into a sham marriage so that Ogunbiyi could obtain lawful permanent residency in the United States. As part of the conspiracy, Ogunbiyi agreed to pay money to Strauss. Also as a part of the conspiracy, Ogunbiyi and Strauss submitted false and fraudulent statements and documents to the United States.

The Court set sentencing for June 3, 2020 at 10:00 a.m.

The law provides for a maximum total sentence of not more than five years in prison, a fine of not more than $250,000.00, or both, for the charge of conspiracy to defraud the United States. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.

The Department of Homeland Security Investigations conducted the investigation leading to the guilty plea in this case.

Vance County Man Sentenced to More Than Six Years Imprisonment on Drug and Gun Charges

RALEIGH— United States Attorney Robert J. Higdon, Jr., announced that today in federal court, United States District Judge James C. Dever, III, sentenced PRESTON OBRYAN MILES, 35, of Kittrell to 78 months’ imprisonment, followed by 3 years of supervised release.  MILES was named in a two-count Indictment on July 10, 2019, charging him with possession with intent to distribute heroin and cocaine and possession of firearms in furtherance of a drug trafficking crime.  On November 1, 2019, hepled guilty to the Indictment. 

According to the investigation, on Saturday, July 21, 2018, a Franklinton Police Department officer was on patrol near NC 56 in Franklinton, North Carolina, when he saw a black Toyota Camry with heavily tinted windows.  As he began following the Camry, he could smell marijuana, and he noticed that the smell diminished when he switched lanes away from the car.  The officer ran the tag and also found that the registered owner had an expired license.

The officer initiated a traffic stop and made contact with the driver, who was identified as MILES.  The smell of marijuana was strong, and the officer spotted several partially smoked marijuana cigarettes inside the car.  Backup arrived and officers searched the car.  They noticed that the carpet liner in the trunk was not attached on the edges.  In the space between the carpet liner and the frame of the car, officers found a plastic bag containing a cardboard box, which itself contained two bricks of heroin—approximately 100 single-dose bags.  The box also contained two loose bindles of 10 bags each, a plastic baggie of approximately 3 grams of raw heroin, and tools of the drug trade, including a wooden stamp with a Mercedes symbol, a bag of small rubber bands, and scotch tape.  Further back between the carpet liner and side of the car, officers found a black FN 5.7x28mm pistol. 

Officers later reviewed communications from jail, in which Miles, in discussing his car, directed a woman to get items out of “the head” and stated that that “I got a brick in the head.”  On July 26, 2018, law enforcement obtained a search warrant to re-search the car.  They found a digital scale hidden in a hole in the bottom of the passenger seat headrest, and behind the scale, they found a brick of heroin and a plastic bag of cocaine.  Using a camera to search deeper into the area between the carper liner and the passenger side of the car, officers located a second handgun, a Smith & Wesson revolver. 

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

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 in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

The Franklinton Police Department, State Bureau of Investigation, and Department of Homeland Security 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.

Nashua Man Sentenced to 42 Months for Drug Trafficking Conspiracy

            CONCORD - Donald Johnson, 34, of Nashua, was sentenced in federal court to 42 months for participating in a drug trafficking conspiracy, United States Attorney Scott W. Murray announced. 

           According to court documents and statements made in court, Johnson was involved with a drug trafficking organization that distributed crack cocaine and other drugs to various customers in the Nashua area. Johnson purchased crack cocaine from the organization and re-sold it to his own customers. He also assisted other members of the organization with their distribution activities by, among other things, allowing them to use his residence to meet customers.

            Johnson previously pleaded guilty on August 14, 2020.

            “Drug trafficking destroys lives and undermines the quality of life in communities all over New Hampshire” said U.S. Attorney Murray.  “Stopping the distribution of illegal drugs requires the close cooperation of law enforcement at all levels. Working together we can maintain public safety. I commend the FBI Safe Streets Task Force and Nashua Police Department for bringing this drug trafficker to justice.”                     

            “Donald Johnson’s role in this cocaine-trafficking ring was not insignificant to the people of Nashua, whose addictions he exploited. The record shows he offered up his home as a meeting place for customers, while doing his own crack deals on the side,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The truth is, any part played in illegal drug activity has a potentially deadly outcome, and so the FBI will continue to pursue investigations into both individuals and groups eager to profit from the pain and suffering of others.”

            This matter was investigated by the Federal Bureau of Investigation’s Safe Streets Task Force and the Nashua Police Department.  The case is being prosecuted by Assistant U.S. Attorneys Georgiana Konesky and Anna Krasinski.

             This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF).  The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. 

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Providence Woman Sentenced in Multi-State Fraud & ID Theft Conspiracy

PROVIDENCE – A Providence woman who admitted to working directly with the local leader of a far-reaching multi-state fraud scheme that defrauded banks, finance companies, car dealerships, and retailers, was sentenced today in U.S. District Court to two years and one day in federal prison.

Yenesia Pujols, 48, worked alongside Octavio Andres Difo-Castro, 29, of Edgewater, N.J., the admitted leader of an organization with roots reaching into the Dominican Republic, that purchased stolen personal identifying information from the Dark Web, including Social Security numbers, and used the information to create fraudulent driver’s licenses, open bank accounts, apply for and receive financing for automobiles, and open retail credit accounts used to purchase clothing, electronic devices, and furniture – some of which was shipped to the Dominican Republic and displayed on Instagram accounts.

At the time of his guilty plea, Difo-Castro admitted that at his direction several individuals opened bank accounts using fraudulent IDs he provided to deposit and withdraw fraudulently obtained funds; to pose as both the seller and the buyer of vehicles to fraudulently secure bank and/or credit union financing from financial institutions in several states; and to obtain retail store credit to make purchases at clothing, furniture, and cellphone retailers in Rhode Island, Massachusetts, Connecticut, and Pennsylvania.

According to information presented to the court, Pujols willingly agreed to play the role of bank and retail store customers by opening bank accounts to be used exclusively for the purpose of depositing fraudulently obtained car loan checks and quickly siphoning off cash, and to pose as customers at Sprint retailers from which she fraudulently obtained numerous high-end smart phones to be sold by Difo-Castro.

Pujols also admitted to obtaining and using stolen personal identifying information of an American citizen, including her Social Security number and date of birth, to apply for and gain employment. Pujols did so despite claims to Social Security that she was disabled and unable to work, all the while fraudulently collecting Social Security disability benefits.

Additionally, Pujols admitted to using stolen personally identifying information and fraudulent documents provided by Difo-Castro to improve her personal appearance through cosmetic surgery.

Pujols pleaded guilty on October 15, 2019, to aggravated identity theft, conspiracy to commit wire fraud, wire fraud, conspiracy to commit bank fraud, and Social Security fraud.

At sentencing today, United States District Court Chief Judge John J. McConnell, Jr., imposed a sentence of 24 months and one day imprisonment, 3 years’ supervised release, and ordered Pujols to pay restitution totaling $86,144, announced United States Attorney Aaron L. Weisman, Stephen Marks, Special Agent in Charge of the U.S. Secret Service, and Scott E. Antolik, Special Agent in Charge of the Boston Field Office of the Social Security Administration, Office of the Inspector General/Office of Investigations.

Difo-Castro pleaded guilty on September 19, 2019, to one count each of conspiracy to commit wire fraud and conspiracy to access device fraud, two counts of aggravated identity theft, and nineteen counts of wire fraud. He is scheduled to be sentenced on March 17, 2020.

The cases are being prosecuted by Assistant U.S. Attorney William J. Ferland, with the assistance of Assistant U.S. Attorney Zachary A. Cunha.

The investigations were led by the U.S. Secret Service, with the assistance of the Social Security Administration, Office of the Inspector General/Office of Investigations.

United States Attorney Aaron L. Weisman acknowledges and thanks the United States Postal Inspection Service and East Providence, Seekonk and Mansfield Police Departments for their assistance in the investigations.

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Two MS-13 Members Each Sentenced to 27 Years in Federal Prison for Participating in a Violent Racketeering Conspiracy, Including Murders

Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced two MS-13 gang members, Jose Alberto Sibrian Garcia, a/k/a Chango, age 28, and Carlos Hernandez Diaz, a/k/a Positivo, age 29, both of Silver Spring, Maryland, to 27 years each in federal prison, followed by five years of supervised release, on a federal racketeering charge related to their participation in a violent racketeering conspiracy, specifically MS-13, including murders.  Hernandez Diaz was sentenced today and Sibrian Garcia was sentenced yesterday.

The sentences were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore Office; Chief Edward G. Hargis of the Frederick Police Department; Frederick County State’s Attorney J. Charles Smith, III; Chief Timothy J. Altomare of the Anne Arundel County Police Department; Anne Arundel County State’s Attorney Anne Colt Leitess; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Prince George’s County State’s Attorney Aisha Braveboy; Chief Marcus Jones of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.

“MS-13 members are committing horrifying acts of violence in Maryland.  We must not allow these criminals to ravage our communities, spreading fear in their wake,” said U.S. Attorney Robert K. Hur.  “Federal, state, and local law enforcement will use all the tools at our disposal to arrest and prosecute gang members who prey on our neighbors.  We will not rest until we dismantle this organization to make Maryland safer.”

“Today’s sentence takes out a small part of the plague that has spread throughout our communities. And while it means these defendants will be off the streets for decades, our work is not done,” said Jennifer Boone, Special Agent in Charge of the Baltimore Field Office of the FBI. “Together, working with our civic and community partners, the law enforcement community will be relentless in our pursuit of these gang members until our streets are safe from the scourge of MS-13.”

“MS-13 perpetuates senseless violence in our communities,” said HSI Baltimore Special Agent in Charge John Eisert. “Through coordination with our local and federal partners, domestically and abroad, we will continue in our mission to disable and dismantle MS-13.”

MS-13 is a national and international gang composed primarily of immigrants or descendants from El Salvador and other Central American countries.  Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Frederick County, Anne Arundel County, Prince George’s County, and Montgomery County, Maryland.  From 2016 and 2017, respectively, Sibrian Garcia and Hernandez Diaz were members and associates of the Fulton Locotes Salvatrucha clique of MS-13.

At all times of this conspiracy, members of MS-13 were expected to protect the name, reputation, and status of the gang from rival gang members and other persons.  To protect the gang and to enhance its reputation, MS-13 members were expected to use any means necessary to force respect from those who showed disrespect, including acts of intimidation and violence.  MS-13 had mottos consistent with its rules, beliefs, expectations and reputation including “mata, viola, controla,” which translates as, “kill, rape, control,” and “ver, oir y callar,” which means, “see nothing, hear nothing and say nothing.”

MS-13 members are required to commit acts of violence both to maintain membership and discipline within the gang, as well as against rival gang members.  Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increase the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to a promotion to a leadership position.  One of the principal rules of MS-13 is that its members must attack and kill rivals, often referred to as “chavalas,” whenever possible. 

According to their plea agreements, Sibrian Garcia and Hernandez Diaz conspired with other MS-13 members and associates to engage in racketeering activity including murders, conspiracies to commit murder, attempted murders, extortion, robbery, and drug trafficking, in order to further the interests of the gang.

Attempted Murder in Wheaton Specifically, in July 2016, another MS-13 gang member identified Victim 9 as a suspected rival gang member and directed Sibrian Garcia and other MS-13 members to arrange to lure Victim 9 to a secluded area in Wheaton Park in order to murder him, however, Victim 9 refused to go to the secluded area.  After that, another MS-13 member found Victim 9 on the street and shot him.  Victim 9 survived.

Murder in Wheaton Sibrian Garcia also admitted that in March 2017, he and other MS-13 gang members brought Victim 13 from Annapolis to Wheaton Regional Park in Wheaton, Maryland, where other MS-13 gang members had dug a grave and gathered weapons.  When Victim 13 arrived, Sibrian Garcia and other MS-13 gang members attacked him with a machete and knives, killing him.  Victim 13’s body was then dismembered and buried in the grave.  In September 2017, investigators recovered Victim 13’s body from the grave in Wheaton.  As detailed in the plea agreement, the medical examiner found that the cause of death was homicide.  The body had suffered numerous blunt and sharp force traumas, the victim’s head had been severed, and his heart had been removed.        

Murder in Frederick As detailed in Hernandez Diaz’s plea agreement, in April 2017, MS-13 gang members found Victim 14 in Silver Spring, Maryland, and called Hernandez Diaz and others to confirm that Victim 14 was a rival gang member.  After receiving confirmation that Victim 14 was a rival gang member, they arranged with other gang members to identify a place in Frederick, Maryland where the victim could be killed and contacted other gang members to arrange to transport Victim 14 to Frederick.  Victim 14 was transported by MS-13 members to Frederick City Watershed off Gambrill Park Road in Frederick, where they had dug a grave and gathered weapons.  When Victim 14 arrived, some gang members hit him with a tree branch and then Hernandez Diaz and other gang members attacked him with a machete and knives until he was dead.  Victim 14’s body was then dismembered and buried in the grave.  Victim 14’s remains were found in June 2017. 

Assaults in Wheaton According to his plea agreement, on June 14, 2017, Sibrian Garcia and other MS-13 gang members were at Wheaton Regional Park in Wheaton, Maryland when they saw Victim 15 and Victim 16, who they suspected were rival gang members.  Sibrian Garcia and other gang members found Victims 15 and 16 in a bathroom and forced them out at knife-point.  Sibrian Garcia and the other gang members hit Victims 15 and 16 with branches, fists, and feet and talked about killing them with the knife.  When bystanders approached, Sibrian Garcia and the other gang members ran away.  The victims’ cell phones were stolen.  Both victims were transported to the hospital for their injuries.

The defendants admitted that the murders, attempted murder and assault of these victims was intended to maintain and increase the status of MS-13 and allow members to maintain or increase their status within the gang.

Drug Distribution Finally, as stated in their plea agreements, members of the Fulton clique, including Sibrian Garcia and Hernandez Diaz, also conspired to distribute marijuana.  As a part of that conspiracy, gang members would obtain bulk quantities of marijuana and then break it up for distribution.  At least a portion of the proceeds from the drug sales would go to the gang to further its objectives.  It was reasonably foreseeable to Sibrian Garcia and Hernandez Diaz that the conspiracy would distribute at least five kilograms of marijuana.

A total of 29 defendants have been charged in this case with participating in a racketeering conspiracy and/or other crimes related to their association with MS-13, including 18 defendants charged in the fifth superseding indictment filed on October 21, 2019.  A total of 13 defendants have pleaded guilty to crimes related to their participation in MS-13 gang activities.

Anyone with information about MS-13 is encouraged to provide their tips to law enforcement.  The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know.  You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE. 

United States Attorney Robert K. Hur commended the FBI; HSI; the Frederick Police Department; the Anne Arundel, Montgomery, and Prince George’s County Police Departments; and the Anne Arundel, Frederick, Montgomery, and Prince George’s County State’s Attorneys for their work in the investigation, and recognized the Baltimore County Police Department for its assistance.  Mr. Hur thanked Assistant U.S. Attorneys Kenneth S. Clark, Catherine K. Dick, and Matthew DellaBetta, who are prosecuting this Organized Crime Drug Enforcement Task Force case.

# # #

Grand Jury Indicts 3 Top Administrators of Philippine Church in Scheme to Traffic Workers and Defraud Immigration System

          SANTA ANA, California– A federal grand jury has charged three top administrators of a Philippines-based church with overseeing a labor trafficking scheme that forced church members to solicit donations for a bogus charity after the defendants illegally obtained visas and other immigration documents that allowed the workers to enter and remain in the United States.

          The one-count indictment returned by the grand jury late Wednesday alleges a conspiracy to commit a series of offenses, including trafficking with respect to forced labor, document servitude, immigration fraud and marriage fraud.

          The three defendants were arrested last month after being named in a criminal complaint that alleged a conspiracy to commit immigration fraud. Today’s indictment expands the scope of the alleged scheme and includes new details about the immigration fraud portion of the scheme.

          The core allegations of the case are that representatives of the church – the Kingdom of Jesus Christ, The Name Above Every Name (KOJC) – obtained visas for church members to enter the U.S. by claiming, for example, they would be performing at musical events. But once the church members arrived in the United States, they were required to surrender their passports and work long hours as “FTWs” (full-time workers), who solicited donations for a church non-profit called the Children’s Joy Foundation USA (CJF). While the workers raised funds by telling donors their money would benefit impoverished children in the Philippines, the indictment alleges that most or all of the money raised was used to finance KOJC operations and the lavish lifestyles of church leaders.

          While some KOJC workers knew they were entering the U.S. to be fundraisers, the indictment alleges “other KOJC workers were unaware of the actual purpose until they were forced…to solicit on the streets nearly every day, year-round, working very long hours, and often sleeping in cars overnight, without normal access to over-the-counter medicine or even clothes.”

          The defendants confiscated the victims’ passports and other immigration documents “to prevent and restrict…KOJC workers’ liberty to move and travel in order to maintain the labor and services of KOJC workers, some of whom were and had been a victim of a severe form of trafficking,” according to the indictment.

          The three defendants charged in the indictment are:

  • Guia Cabactulan, 59, the lead KOJC administrator in the United States who maintained direct communication with KOJC leadership in the Philippines;
  • Marissa Duenas, 41, who allegedly secured the passports immediately after workers entered the U.S. and handled fraudulent immigration documents for KOJC workers; and
  • Amanda Estopare, 48, who allegedly was in charge of tracking and reporting the money raised in the U.S. to KOJC officials in the Philippines.

          All three defendants – who were arrested on January 29 and remain in federal custody – are scheduled to be arraigned on the indictment on February 20 in United States District Court in Santa Ana.

          As part of the long-running scheme, the three defendants kept productive workers in the U.S. by obtaining student visas or by arranging sham marriages with KOJC workers who were U.S. citizens, the indictment alleges. To create the illusion of legitimate marriages, Duenas allegedly possessed ATM cards to show immigration officials that workers in the sham marriages had joint bank accounts. Furthermore, Cabactulan and Duenas possessed wedding rings for KOJC workers to use during their fraudulent marriage ceremonies, according to the indictment. Immigration records summarized in the criminal complaint indicate there were 82 marriages involving KOJC administrators and FTWs over the past two decades.

          When authorities searched the KOJC compound in Van Nuys on January 29, Cabactulan and Duenas possessed approximately 72 Filipino passports, seven United States passports, and one Ukrainian passport that belonged to other people, according to the indictment, which also notes that Duenas possessed four male wedding rings and three female wedding rings in an office at the KOJC compound.

          The search also revealed that Duenas possessed a file titled “Traitor” that contained information on KOJC members who fled the church, the indictment alleges.

          An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

          The conspiracy charge alleged in the indictment carries a statutory maximum penalty of five years in federal prison.

          As part of the ongoing investigation, the FBI is encouraging potential victims or anyone with information about KOJC activities to contact investigators. Those with information are asked to call the FBI’s Los Angeles Field Office at (310) 477-6565. Individuals may also contact the FBI through its website at https://www.fbi.gov/tips.

          The ongoing investigation into KOJC is being led by the FBI, which is receiving substantial assistance from Homeland Security Investigations, U.S. Citizenship and Immigration Service’s Fraud Detection and National Security Unit, the U.S. Department of State’s Diplomatic Security Service, and IRS Criminal Investigation.

          This matter is being prosecuted by Assistant United States Attorneys Daniel Ahn and Jake Nare of the Santa Ana Branch Office.

New Jersey Man, Avowed Member of White Supremacist Group, Sentenced to Prison for Making False Statements to FBI

PHILADELPHIA – United States Attorney William M. McSwain announced that Fred Arena, 41, of Salem, New Jersey, was sentenced to six months’ imprisonment and two years’ supervised release by United States District Court Judge John R. Padova for making false statements to government agents.

Arena, who was an employee of a federal contractor at the Philadelphia Navy Yard and as such was required to obtain a federal security clearance, lied to obtain the clearance. He also subsequently lied to federal investigators who asked him about his answers to questions on the security clearance paperwork. He was arrested and detained in October 2019, and pleaded guilty to the charges in December 2019.

On January 10, 2019, Arena completed the standard Form SF-86 to obtain a federal security clearance for his employment. On that form, he was required to disclose whether he had ever been a member of an organization that used (or advocated the use of) force or violence to prevent others from exercising their constitutional rights. He falsely answered that he had not. In fact, Arena was an avowed member of Vanguard America, a white supremacist group that fits that description. His membership in Vanguard America and his participation in their activities were demonstrated by his many admissions and photos on social media, including events surrounding the 2017 ‘Unite the Right’ rally in Charlottesville, Virginia. On the same application, Arena was asked whether he had had property repossessed within the past seven years. He falsely answered that he had not. In fact, Arena had previously defaulted on a car loan, and his car was repossessed within the seven year window.

As part of his sentence, the Court specifically ordered that Arena shall, during the period of supervised release, be barred from membership and participation in any organization that advocates or practices unlawful acts of force or violence to discourage others from exercising their rights under the United States Constitution or any state of the United States.

“Lying on federal security clearance forms and to government agents are very serious matters,” said U.S. Attorney McSwain. “Further, no employee working for the federal government, being paid with taxpayer dollars, has any business being a member of a white supremacist group or espousing white supremacist views. Under the terms of today’s sentence, Arena’s activities will be closely monitored by the Court and Probation after he finishes his jail term in order to prevent him from engaging in new criminal behavior that may violate the civil rights of others and endanger the public.”

“Fred Arena lied about being a white supremacist to land a security clearance and government job he never should have had,” said Tara A. McMahon, Acting Special Agent in Charge of the FBI’s Philadelphia Division. “When the FBI questioned him about his background, he continued this pattern of deception. There must be serious consequences for actively deceiving federal agents. Otherwise, critical investigations would grind to a halt, hobbling our justice system and giving criminals and terrorists the upper hand.”

The case was investigated by the Federal Bureau of Investigation – Joint Terrorism Task Force, the Defense Counterintelligence and Security Agency, the Gloucester County Prosecutor’s Office, the Salem County Prosecutor’s Office, the New Jersey State Police, the Camden County Police Department, the Naval Criminal Investigative Service (NCIS), and the New Jersey Office of Homeland Security and Preparedness, with assistance from the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney for the Eastern District of Pennsylvania Joseph LaBar and Assistant United States Attorney for the District of New Jersey Martha Nye.

Former Labor Union President Convicted Conspiracy, Embezzling Union Health Plan Funds and Lying to Federal Officials

          LOS ANGELES– The former president of a Colton-based labor union has been found guilty by a jury of 14 felony charges for stealing nearly $800,000 from the union’s health plan fund, which he used to pay for personal expenses including legal bills and a car loan for his son’s Ford Mustang Shelby GT500.

          John S. Romero, 73, of Loma Linda, was found guilty late yesterday afternoon of one count of conspiracy, 12 counts of theft in connection with health care, and one count of making a false statement to a government agency. United States District Judge Virginia A. Phillips scheduled an April 27 sentencing hearing, at which time Romero will face a statutory maximum sentence of 130 years in federal prison.

          According to evidence presented at his five-day trial, Romero appointed himself president of United Industrial Services Workers of America (UISWA) and the trustee of the UISWA health care plan. Money paid into the plan was supposed to be used exclusively for health care benefits to its participants. Instead, Romero stole the union’s health plan funds for the benefit of himself and his immediate family.

          In furtherance of his scheme, Romero appointed a sham trustee who had no prior experience with unions. He also actively misled the third-party administrators of the health plan into making improper payments from the health plan.

          From 2008 to 2014, Romero embezzled health plan funds to pay a $110,000 personal civil judgment against himself and his son, John J. Romero, 55, also of Loma Linda. He also embezzled $40,000 to pay criminal defense lawyers who represented Romero in a separate case. Romero funneled more than $310,000 to himself by disguising them as rent payments on two properties he owned and held under a shell company. In addition, he stole more than $300,000 in union health care plan money to make “salary” payments to his family. He also used plan funds to pay off $25,000 loan on his son’s Ford Mustang.

          Romero also was convicted of filing a false financial report with the U.S. Department of Labor in which he concealed the existence of more than $100,000 in union receipts and disbursements that Romero held in a secret bank account and from which he made regular payments to his mistress.

          Following the guilty verdicts, Judge Phillips ordered Romero into custody, citing the danger he posed in light of evidence that Romero had attempted to intimidate witnesses who testified against him at trial.

          Romero advanced his scheme by appointing his son the secretary and treasurer of the union, and his ex-wife, Evelyn Romero, 71, the UISWA president and trustee after 2010. At this time, Romero was serving a two-year federal prison sentence related to making false statements to federal officials made while he was president of a different labor union. Romero’s son, ex-wife, and daughter, Danae Romero, 42, of Loma Linda, have pleaded guilty to criminal charges in the current matter. They are scheduled to be sentenced in the coming months.

          This case was investigated by the U.S. Department of Labor, Office of Inspector General; the U.S. Department of Labor, Employee Benefits Security Administration; and the U.S. Department of Labor, Office of Labor Management Standards.

          This matter is being prosecuted by Assistant United States Attorneys Susan S. Har and Aaron B. Frumkin of the General Crimes Section.

Vance County Man Sentenced to More Than Six Years Imprisonment on Drug and Gun Charges

RALEIGH— United States Attorney Robert J. Higdon, Jr., announced that today in federal court, United States District Judge James C. Dever, III, sentenced PRESTON OBRYAN MILES, 35, of Kittrell to 78 months’ imprisonment, followed by 3 years of supervised release.  MILES was named in a two-count Indictment on July 10, 2019, charging him with possession with intent to distribute heroin and cocaine and possession of firearms in furtherance of a drug trafficking crime.  On November 1, 2019, hepled guilty to the Indictment. 

According to the investigation, on Saturday, July 21, 2018, a Franklinton Police Department officer was on patrol near NC 56 in Franklinton, North Carolina, when he saw a black Toyota Camry with heavily tinted windows.  As he began following the Camry, he could smell marijuana, and he noticed that the smell diminished when he switched lanes away from the car.  The officer ran the tag and also found that the registered owner had an expired license.

The officer initiated a traffic stop and made contact with the driver, who was identified as MILES.  The smell of marijuana was strong, and the officer spotted several partially smoked marijuana cigarettes inside the car.  Backup arrived and officers searched the car.  They noticed that the carpet liner in the trunk was not attached on the edges.  In the space between the carpet liner and the frame of the car, officers found a plastic bag containing a cardboard box, which itself contained two bricks of heroin—approximately 100 single-dose bags.  The box also contained two loose bindles of 10 bags each, a plastic baggie of approximately 3 grams of raw heroin, and tools of the drug trade, including a wooden stamp with a Mercedes symbol, a bag of small rubber bands, and scotch tape.  Further back between the carpet liner and side of the car, officers found a black FN 5.7x28mm pistol. 

Officers later reviewed communications from jail, in which Miles, in discussing his car, directed a woman to get items out of “the head” and stated that that “I got a brick in the head.”  On July 26, 2018, law enforcement obtained a search warrant to re-search the car.  They found a digital scale hidden in a hole in the bottom of the passenger seat headrest, and behind the scale, they found a brick of heroin and a plastic bag of cocaine.  Using a camera to search deeper into the area between the carper liner and the passenger side of the car, officers located a second handgun, a Smith & Wesson revolver. 

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

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 in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

The Franklinton Police Department, State Bureau of Investigation, and Department of Homeland Security 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.

Nashua Man Sentenced to 42 Months for Drug Trafficking Conspiracy

            CONCORD - Donald Johnson, 34, of Nashua, was sentenced in federal court to 42 months for participating in a drug trafficking conspiracy, United States Attorney Scott W. Murray announced. 

           According to court documents and statements made in court, Johnson was involved with a drug trafficking organization that distributed crack cocaine and other drugs to various customers in the Nashua area. Johnson purchased crack cocaine from the organization and re-sold it to his own customers. He also assisted other members of the organization with their distribution activities by, among other things, allowing them to use his residence to meet customers.

            Johnson previously pleaded guilty on August 14, 2020.

            “Drug trafficking destroys lives and undermines the quality of life in communities all over New Hampshire” said U.S. Attorney Murray.  “Stopping the distribution of illegal drugs requires the close cooperation of law enforcement at all levels. Working together we can maintain public safety. I commend the FBI Safe Streets Task Force and Nashua Police Department for bringing this drug trafficker to justice.”                     

            “Donald Johnson’s role in this cocaine-trafficking ring was not insignificant to the people of Nashua, whose addictions he exploited. The record shows he offered up his home as a meeting place for customers, while doing his own crack deals on the side,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The truth is, any part played in illegal drug activity has a potentially deadly outcome, and so the FBI will continue to pursue investigations into both individuals and groups eager to profit from the pain and suffering of others.”

            This matter was investigated by the Federal Bureau of Investigation’s Safe Streets Task Force and the Nashua Police Department.  The case is being prosecuted by Assistant U.S. Attorneys Georgiana Konesky and Anna Krasinski.

             This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF).  The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. 

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Manager of Middletown Mall sentenced for bankruptcy and tax fraud

CLARKSBURG, WEST VIRGINIA – Dietrich S. Fansler, former owner of the Middletown Mall, was sentenced today to 18 months incarceration for bankruptcy fraud and tax fraud, U.S. Attorney Bill Powell announced.

Fansler, of Morgantown, West Virginia, is the managing member of Pin Oak Properties, LLC, which operated Middletown Mall in Fairmont. Fansler, age 59, pled guilty to one count of “Fraudulent Concealment of Bankruptcy Estate Assets” and one count of “Willful Failure to Pay Over Tax” in September 2019. 

Fansler filed for Chapter 11 bankruptcy protection in June 2017. Between June 2017 and January 2018, Fansler collected rent from the tenants of the mall and was required to deposit that money into the debtor-in-possession account of Pin Oak Properties. Fansler admitted to using some of that collected rent, approximately $225,000, for expenses unrelated to Pin Oak Properties and concealing it from the creditors of the bankruptcy estate.

Fansler also admitted to failing to pay the withheld income taxes from employees of Pin Oak Properties and another one of his companies, Villa Rentals, Inc. He admits, too, that he did not pay personal income taxes for years 2009, 2010, 2012, and 2013. The total loss to the IRS is more than $880,000.

Fansler was ordered to pay $225,000 in restitution to the bankruptcy trustee, as well as $880,446.82 in restitution to the IRS.

Assistant U.S. Attorney Jarod J. Douglas prosecuted the case on behalf of the government. The Internal Revenue Service investigated.

U.S. District Judge Thomas S. Kleeh presided.

Mapleton Man Sentenced to Over Eight Years for Illegally Possessing Firearms

Bangor, Maine: A Mapleton man was sentenced today in federal court in Bangor for possessing a firearm after being convicted of a felony, U.S. Attorney Halsey B. Frank announced.

U.S. District Judge Lance E. Walker sentenced Daniel Easler, 44, to 100 months in prison and three years of supervised release. Easler pleaded guilty on August 27, 2019.

According to court records, on the evening of December 4, 2018, the Caribou Police Department received a call from a citizen stating that there was a vehicle off the road in a snow bank. Law enforcement responded to the scene. There was no one in the vehicle but there were footprints in the snow leading away from the vehicle. Officers followed the footprints and found Easler, a convicted felon, lying in the snow. A search of Easler revealed multiple firearms and ammunition. One of the firearms had previously been reported as stolen.

The Caribou Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Maine State Police investigated the case.

Hudson Man Sentenced for Possessing a Firearm After Domestic Violence Conviction

Bangor, Maine: A Hudson man was sentenced today in federal court in Bangor for possessing a firearm after being convicted of a misdemeanor crime of domestic violence, U.S. Attorney Halsey B. Frank announced.

U.S. District Judge Lance E. Walker sentenced Charles Werenko, 52, to time served (2 ½ months) and two years of supervised release. Judge Walker found Werenko guilty following a one-day bench trial on October 3, 2019.

The evidence at trial revealed that in 2015, Werenko was convicted of domestic violence assault in the Penobscot County Superior Court. Following his conviction, he knowingly possessed a .357 Magnum revolver from an unknown date until January 31, 2019.

The Penobscot County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.

Members Of Newark’s ‘Famous Boyz’ Street Gang Sentenced To Prison

NEWARK, N.J. – Five Newark men who were members of a street gang known as the “Famous Boyz” have been sentenced to prison for their roles in a conspiracy to distribute heroin and cocaine, U.S. Attorney Craig Carpenito announced today.

Robert Dorrah, 21, a/k/a “Cash Out,” was sentenced today to five years in prison and five years of supervised release. Dorrah previously pleaded guilty before U.S. District Judge Madeline Cox Arleo to an information charging him with one count of conspiring to distribute and to possess with intent to distribute 100 grams or more of heroin.

Ibn Saadiq, 22, a/k/a “Zero,” was sentenced on Feb. 11, 2020, to five years in prison and five years of supervised release. He previously pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin.

David Lamar, 28, a/k/a “Brazy Ru,” was sentenced on Jan. 27, 2020, to five years in prison and five years of supervised release. He previously pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 28 grams or more of crack cocaine.

Angelo West, 22, a/k/a “Come Up,” was sentenced on Jan. 16, 2020, to 10 years in prison and five years of supervised release. He previously pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin and 28 grams or more of crack cocaine, and one count of possession of a firearm in furtherance of a drug trafficking crime.

Quaheem Bethea, 21, a/k/a “Troub,” was sentenced on Jan. 6, 2020, to five years in prison and five years of supervised release. He previously pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin.

Judge Arleo imposed all the sentences in Newark federal court.

In October 2018, Dorrah, Saadiq, Lamar, West and Bethea, along with 12 other members of a violent drug trafficking conspiracy operating in Newark, were charged by criminal complaint with conspiracy to distribute crack cocaine and/or heroin. Shaka McKinney and Jahid Vauters, a/k/a “K,” a/k/a “KO,” also were charged with firearms possession offenses. To date, seven other members of the conspiracy, in addition to Dorrah, Saadiq, Lamar, West and Bethea, have pleaded guilty to drug and/or firearms charges in Newark federal court and await sentencing.

On Feb. 25, 2019, a grand jury returned an indictment charging Patricio Hernandez, Jonathan Hernandez, and Jonathan Garcia, a/k/a “Bebo,” with one count each of conspiracy to distribute and to possess with intent to distribute 280 grams or more of crack cocaine for their alleged participation in supplying the “Famous Boyz” with cocaine. On Sept. 30, 2019, a grand jury returned a 21-count superseding indictment against the remaining defendants, Patricio Hernandez, Jonathan Hernandez, Garcia, Javon Holmes, a/k/a “J-Dot”, and John Mosley, a/k/a “Breezy,” a/k/a “Brazy,” with various drug charges, including conspiracy to distribute cocaine base and heroin, distribution of cocaine base and heroin, distribution of controlled substances and maintaining a drug-involved premises. The charges in the superseding indictment remain pending against the remaining defendants.

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

The defendants are members and associates of the Famous Boyz – a subset of the Brick City Brim set of the Bloods street gang – which dealt significant quantities of heroin and crack cocaine, primarily in and around the area of South 18th Street and 15th Avenue, in Newark. The gang often referred to this area as the “8 Block,” “18th,” or simply by reference to the number “8”.

Mosley was a primary source of narcotics for the Famous Boyz and often directed the gang’s drug operations. Mosley and other members of the Famous Boyz shared narcotics, customers, and firearms with one another in furtherance of their narcotics trafficking activities, and they used juveniles to distribute narcotics and stash firearms. Patricio Hernandez and Jonathan Hernandez were among the main suppliers of crack cocaine to Mosley, while Vauters supplied Mosley with heroin. Heroin sold by Famous Boyz members, including Dawes, Armstrong and Williams, contained a fentanyl analogue, which is extremely dangerous and highly addictive.

Members of the Famous Boyz also used social media to promote the gang’s criminal activities, including by advertising their narcotics trafficking activities and proceeds and by threatening both rival gang members and any individuals who consider cooperating with law enforcement. Those members who sold narcotics also enriched themselves by committing other crimes, including robberies. For example, law enforcement, acting on information obtained from a wiretap, arrested West while he was attempting to commit a robbery. After law enforcement seized a .40 caliber firearm from the scene, Mosley was overheard complaining to Holmes, “so all the rachets gone” and “damn we just lost all the straps,” referring to the Famous Boyz losing their firearms.

U.S. Attorney Carpenito credited special agents of ATF, under the direction of Special Agent in Charge Charlie J. Patterson in Newark, and members of the Newark Department of Public Safety, under the direction of Director Anthony F. Ambrose, with the investigation leading to sentencings.

He also thanked the DEA, under the direction of Special Agent in Charge Susan A. Gibson, the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, the Essex County Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura, the N.J. State Police, under the direction of Col. Patrick J. Callahan, the Belleville Police Department, under the direction of Chief Mark Minichini, and the Livingston Police Department, under the direction of Chief Gary Marshuetz.

This case is being conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF) and is part of the Violent Crime Initiative (VCI) in Newark. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. The VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety to combat violent crime in and around Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA New Jersey Division, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, N.J. State Board of Parole, Union County Jail, N.J. State Police Regional Operations and Intelligence Center/Real Time Crime Center, N.J. Department of Corrections, the East Orange Police Department, and the Irvington Police Department.

The government is represented by Deputy Chief of the Criminal Division Mary E. Toscano and Assistant U.S. Attorney Angelica M. Sinopole of the U.S. Attorney’s Office’s Organized Crime and Gangs Unit in Newark.

The charges and allegations against the remaining defendants are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Defense counsel:
Dorrah: John Whipple Esq., Morristown, New Jersey
Bethea: Kathleen M. Theurer Esq., Jersey City, New Jersey
West: Michael V. Calabro Esq., Newark
Lamar: Michael P. Koribanics Esq., Newark
Saadiq: James Patton Esq., Livingston, New Jersey

St. Louis Man Sentenced to 15 Years in Prison for Shooting His Co-Defendant During a Home Invasion

St. Louis, MO – Dallas Richardson, 25, of St. Louis, MO, was sentenced to 15 years in prison for his role in a home invasion where he shot co-defendant Kyle Phillips.  Richardson appeared today before United States District Judge Henry E. Autrey. 

According to court documents, between January 2016 and February 2018, Richardson was part of a drug trafficking organization that distributed multi-pound amounts of marijuana within the Eastern District of Missouri.  Richardson received some of the marijuana.  The organization then collected the proceeds of the marijuana sales and utilized MoneyGrams purchased at various outlets, including Wal-Mart stores within the Eastern District of Missouri, to send the proceeds to the source of supply, Cedric Davis, in California.

Both co-defendants Joseph Hope and Jack Huck supplied marijuana to co-defendant Kyle Phillips.  In December 2016, Phillips received bulk quantities of marijuana from Hope but refused to pay.  As a result, Hope planned a robbery and retaliation against Phillips.

On January 12, 2017, Hope recruited Richardson to conduct the robbery of Phillips in order to retrieve either the marijuana or proceeds derived from the sale of the marijuana.  Richardson and his associate drove from St. Louis to Phillips’ residence in Cape Girardeau, Missouri.  Wearing masks and armed with firearms, including an assault rifle, Richardson forcibly entered the front door of the residence while his associate entered the residence through a bedroom window.

During the robbery, Richardson shot Phillips in the abdomen.  Both Richardson and his associate assaulted Phillips, including with the stock of their firearms.  The two men also kicked and assaulted with their firearms three other individuals that were present.  Richardson and his associate took the safe, small amounts of marijuana, and the victims’ wallets, which contained small amounts of cash and exited the residence.

               The following co-defendants in this drug conspiracy have been sentenced:

               Jack Huck– 89 months in prison;

               Seth Ault– 36 months in prison;

               Cedric Davis, Jr.– 46 months in prison;

               Cody Henderson– 3 years probation;

               Joseph Hope – 96 months in prison;

               Deven Huck– 48 months in prison;

               Zach Hunter– 3 years probation;

               Dakota McCain– 32 months in prison;

               Dustin Puckett– 3 years probation;

               Collin Weber– 3 years probation; and

               Jacob Wolff– 3 years probation.

Richardson pleaded guilty in October to one count of robbery and one count of possessing a firearm that was discharged and Phillips is awaiting trial.

The Missouri Highway Patrol, the Ste. Genevieve Police Department, the Homeland Security Investigation, the Warrenton Sheriff’s Department, the Cape Girardeau Police Department, the U.S. Postal Inspection Service, and the Major Case Squad investigated this case. 

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