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Statement by Acting U.S. Attorney James D. Tierney on the Fatal Shooting of Navajo Tribal Police Officer Houston Largo

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ALBUQUERQUE – Acting U.S. Attorney James D. Tierney released the following statement regarding yesterday’s fatal shooting of Houston Largo, a Police Officer with the Navajo Nation Division of Public Safety, who was commissioned as a Special Federal Officer by the BIA’s Office of Justice Services:

 

“Officer Houston Largo was a dedicated law enforcement officer and a courageous public servant. Officer Largo leaves behind an enduring legacy that will live on in the lives he touched through the work that the BIA, the Navajo Nation Division of Public Safety and all tribal police officers continue to perform to safeguard and protect our tribal communities. His loss is a tragic reminder that the work of our law enforcement officers is profoundly heroic and deserving of our most emphatic support. The thoughts and prayers of the law enforcement community are with Officer Largo’s family and loved ones during this difficult time. And as we go forward, the U.S. Department of Justice and the U.S. Attorney’s Office intend to honor his service and his sacrifice by continuing to fight for the values he protected every day, and to protect the tribal communities for whom he gave his life.”


U.S. Attorney Barbara L. McQuade Resigns

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United States Attorney Barbara L. McQuade has resigned after being asked to tender her resignation by President Donald Trump.

 

McQuade, the first woman to serve as U.S. Attorney for the Eastern District of Michigan, was appointed by President Barack Obama, and sworn in on January 4, 2010.

 

During her tenure, McQuade has overseen a number of significant cases, including the conviction of former Detroit Mayor Kwame Kilpatrick and more than 30 others on public corruption charges; the conviction and life sentence of an Al-Qaeda operative for attempting to blow up an airliner over Detroit on Christmas Day in 2009 with a bomb concealed in his underwear; the conviction and 45-year sentence Dr. Farid Fata for lying to patients about having cancer so that he could bill Medicare for expensive chemotherapy treatments; the conviction and $4.3 billion fine against Volkswagen AG for cheating on emissions tests; the conviction and $1 billion fine against Takata Corp. for fraudulently concealing defective airbags; and settlements with Pittsfield Township to permit the building of an Islamic School and with the City of Sterling Heights to permit the building of a mosque under religious land use laws.

 

McQuade also joined with other law enforcement leaders to launch Detroit One, a violence reduction strategy and community partnership. Since Detroit One began in 2013, homicide rates, non-fatal shootings and carjackings in Detroit have decreased. A key component of the initiative is the Ceasefire gang intervention program. A similar enforcement initiative, Flint First, was recently launched in Flint.

 

Upon taking office, McQuade restructured the office for the first time in 35 years to focus attorney resources on district priorities. At that time, McQuade created new units dedicated to violent crime, public corruption, health care fraud and civil rights. Each unit has seen robust enforcement activity. McQuade’s vision has been to use the resources of the U.S. Attorney’s Office to improve the quality of life for the people of the Eastern District of Michigan, focusing on enforcement, prevention and community trust.

 

At the national level, McQuade served as Vice Chair of the Attorney General’s Advisory Committee under Attorney General Loretta Lynch, and served as co-chair of the Terrorism and National Security Subcommittee since 2010.

 

“I have loved serving in this job as much as anyone has ever loved any job,” McQuade said. “It has been an incredible privilege to work alongside public servants who devote their tremendous talents to improving the quality of life in our community. I am proud to have served as U.S. Attorney in the Obama Administration.”

 

Before becoming U.S. Attorney, McQuade was an Assistant U.S. Attorney in Detroit for 12 years, serving as Deputy Chief of the National Security Unit. She prosecuted cases involving terrorism financing, foreign agents, export violations and threats, and served as the district’s Crisis Management Coordinator.

 

McQuade practiced law at the firm of Butzel Long in Detroit from 1993 to 1998, and served as a law clerk to Hon. Bernard A. Friedman on the U.S. District Court for the Eastern District of Michigan from 1991 to 1993. From 2003 to 2009, McQuade served as an adjunct professor at the University of Detroit Mercy School of Law, teaching criminal law in the evenings.

 

Born in Detroit, McQuade is a 1987 graduate of the University of Michigan and a 1991 graduate of the University of Michigan Law School. She and her husband have four children.

 

The Eastern District of Michigan covers 34 counties and six million residents. The United States Attorney’s Office, with staffed offices in Detroit, Flint and Bay City, has 115 attorneys and another 100 support professionals, and conducts all criminal and civil litigation in the district involving the United States government.

 

 

Berkeley County man indicted on firearm charge

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MARTINSBURG, WEST VIRGINIA – A Martinsburg man was arrested today for a firearm violation, Acting United States Attorney Betsy Steinfeld Jividen, announced.

Michael Eugene Decker, age 37, of Martinsburg, West Virginia, was indicted on February 22, 2017 by a federal grand jury sitting in Elkins for “Armed Career Criminal Act.” The crime is alleged to have occurred on December 1, 2016 in Berkeley County.

Decker faces at least fifteen years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Lara K. Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.

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

Criminal Organization Indicted And Arrested For Narcotics, Aggravated Identity Theft And Money Laundering Charges

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SAN JUAN, Puerto Rico – On March 6, 2017, a federal grand jury in the District of Puerto Rico returned a superseding indictment against twelve defendants charged with various federal offenses, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. The Drug Enforcement Administration is in charge of the investigation with the collaboration of the Federal Bureau of Investigation and the Puerto Rico Police Department.

 

This criminal organization led by Alex Baez-Espinal participated in different illegal schemes which are detailed in the superseding indictment. Defendants Baez-Espinal, Norman Guzmán-Ramos, Kelvin Hernández and Bryan Santiago are charged in a conspiracy to possess with intent to distribute cocaine. Defendant Kelvin Hernández is facing one count of possession with intent to distribute cocaine. Baez-Espinal, Hernández, and Guzmán-Ramos are facing charges for use of a communication facility in the commission of felonies under the Controlled Substances Act. That is, using a cellular telephone, in facilitating the commission of a felony under Title 21, United States Code, Sections 841 and 846, offenses set forth in the superseding indictment.

 

Defendants Baez-Espinal and Hernández were the leaders of the Drug Trafficking Organization and the Cellphone and Rental Car Fraud Schemes, described below. Baez-Espinal and Hernández obtained personal individual information (including but not limited to Social Security Numbers and Dates of Birth) of unsuspecting victims from defendants Melton Pinilla and Luis Roberto Dávila. During the conspiracy, after receiving the victim’s personal information, Baez-Espinal and Hernández checked each victim’s personal credit rating. If the victim possessed a good credit rating, Baez-Espinal and Hernández then contacted credit card companies utilizing the fraudulently obtained personal information and applied for credit cards in the victim’s name. These credit cards were then sent via the mail to Puerto Rico by the credit card companies.

 

According to the indictment, Baez-Espinal and Hernández would provide the fraudulently obtained personal information to Luis Roberto Rivera-Ortiz, who created fraudulent Puerto Rican driver’s licenses in the victim’s names with the photos of the “runners” or “jockeys” and other members of the conspiracy. Ultimo Carrera-Rosario also made fraudulent documents such as fraudulent social security cards and fake utility bills in the victims’ names.

 

Defendants Bryan Santiago-Rivera, José Vásquez-Rodríguez, Leidy Baez-Espinal and Veronica Sierra-Pabón, acted as runners or jockeys for the organization. The different fraud schemes charged are as follows:

 

Mail fraud conspiracy:

 

According to the indictment, defendants Baez-Espinal, Hernández, Santiago-Rivera, Michael Alicea, Luis Roberto Rivera-Ortiz, Ultimo Carrera, Luis Roberto Dávila, José Vázquez, Kathya Andino-Aragonés, Leidy Bez-Espinal, and Verónica Sierra-Pabón utilized the U.S. mails to obtain fraudulent credit cards in victims’ names and then use those fraudulent credit cards, along with other fraudulent documents, to purchase goods and services.

 

Cellphone fraud conspiracy:

 

During the conspiracy, Baez-Espinal, Hernández and Alicea (after obtaining fraudulent credit cards and driver’s licenses and/or social security and utility bills), paid runners or jockeys to make purchases of cellphones at retail outlets in Puerto Rico. The runners or jockeys, utilizing the fraudulent identifications, would then purchase as many cellphones as allowed by the retail outlet using the victim’s information. The runners or jockeys would make a cash down payment on the cellphone(s), and finance the remaining portion of the cost of the cellphone on the victim’s credit.

 

The leaders of the conspiracy, Baez-Espinal and Hernández then sold the cellphones via the internet through AMBE Group Inc., to individuals in the United States, Italy, Peru, Canada, and Mexico. From on or about 2012 until 2016, the conspiracy made approximately $3,000,000.00 from the sale of the fraudulently obtained cellphones and other electronic devices.

 

Rental car fraud scheme:

 

Baez-Espinal and Hernández also used the fraudulent credit cards and driver’s license and/or social security and utility bills to rent vehicles at car rental outlets. They paid runners or jockeys to rent automobiles from car rental outlets in Puerto Rico using the victim’s identification. The runners or jockeys made these rentals knowing that the runner and/or members of the conspiracy were not going to return the rental vehicle to the car rental outlet. Baez-Espinal and Hernández and other members of the conspiracy would then utilize the fraudulently obtained vehicle, before selling it.

 

In Counts 6 through 9, Alex Baez-Espinal, Hernández and Leidy Baez-Espinal are charged with wire fraud, for transmitting illegal moneys in interstate and foreign commerce by means of wire communications. In Count 10 members of the conspiracy are charged with conspiracy to commit access device fraud. The defendants listed in Count 10, used other persons’ Social Security Number and Date of Birth to open and utilize fraudulent credit cards affecting interstate and foreign commerce. Counts 11, 12 and 13 detail the aggravated identity theft these defendants committed including but not limited to eight victims. Counts 14, 15 and 16 are money laundering counts derived from specified unlawful activities, which were the different schemes explained above.

 

“These individuals were involved in different criminal schemes in which they violated several federal statutes, defrauded and stole the identity of many individuals simply to enrich themselves quickly and illegally,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “The US Attorney’s Office will work with our law enforcement partners to vigorously pursue and hold accountable those who perpetrate these schemes to enrich themselves at the expense of honest people.”

 

Assistant U.S. Attorney Stuart J. Zander is in charge of the prosecution of the case, under the supervision of Assistant U.S. Attorney Julia Díaz-Rex, Deputy Chief of the International Narcotics Unit. If convicted the defendants face a minimum sentence of 10 years up to life in prison in Counts 1-2. If convicted of the aggravated identity theft charges, the defendants face a minimum sentence of two years in addition to the sentence imposed for the underlying felony. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.

 

The case was investigated by agents from the Organized Crime Drug Enforcement Task Force (OCDETF) that investigates South American-based drug trafficking organizations responsible for the movement of multi-kilogram quantities of narcotics using the Caribbean as a transshipment point for further distribution to the United States. The initiative is composed of DEA, HSI, FBI, US Coast Guard, US Attorney’s Office for the District of Puerto Rico, and PRPD's Joint Forces for Rapid Action.

Ohio County man sentenced for illegal possession of firearms

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WHEELING, WEST VIRGINIA – Mark A. Simmons, 46, of Wheeling Island, West Virginia, was sentenced today in federal court to 15 months incarceration for illegally possessing firearms, Acting United States Attorney Betsy Steinfeld Jividen, announced.

Simmons, who had previously been convicted of the felony offense of “Failure to Register or Provide Notice of Registration” in Marshall County, admitted to possessing a Beretta pistol in Ohio County in November 2016. 

Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Wheeling Police Department investigated. 

Senior U.S. District Judge Frederick P. Stamp, Jr. presided. 

Meth Charge Nets Man 200 Months in Prison

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Roanoke, VIRGINIA – Acting United States Attorney Rick A. Mountcastle announced today the sentencing of a man convicted of conspiring to distribute methamphetamine.

 

James Daniel Miller, 32, previously pled guilty to one count of conspiracy to distribute more than 500 grams of methamphetamine. Today in District Court, Miller was sentenced to 200 months in federal prison.

 

According to evidence presented to the court by Assistant United States Attorney Andrew Bassford, Miller, and others, conspired to distribute methamphetamine in the Western District of Virginia beginning no later than 2013 and continuing until about December 2015.

 

The investigation of the case was conducted by the Drug Enforcement Administration, Virginia State Police, Claytor Lake Task Force and the Smyth County Sheriff’s Office. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.

Peoria Man Convicted of Drug Trafficking, Gun Crimes

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PEORIA, Ill. -- Chief U.S. District Judge James E. Shadid has entered the judgment of conviction against a Peoria man, Demontae Bell, 34, for drug trafficking and gun offenses. Following a three-day bench trial last week before Judge Shadid, Bell was convicted on March 9, 2017, on two counts of distribution of cocaine, one count of possession of a firearm by a felon, and one count of possession of firearms in furtherance of a drug trafficking crime.

During trial, the government presented evidence to the court of drug transactions by Bell and Bell’s possession of stolen firearms in late 2014 to early 2015, which were sold in Peoria in exchange for drugs, including two AR-15 rifles, a Glock 17C pistol, and an AK-47 style rifle.

Under federal statute, Bell faces a minimum of five years in federal prison at sentencing. Final sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.

A sentencing hearing will be scheduled after completion of the presentence investigation by the U.S. Probation Office. Judge Shadid scheduled July 13, 2017, for a post-trial motions hearing and possible sentencing. Bell has remained in the custody of the U.S. Marshals Service since he was arrested on April 9, 2015.

This investigation was led by the FBI and the Safe Streets Task Force, with assistance from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, Peoria MEG (Multi-County Narcotics Enforcement Group), and the Pekin Police Department. Assistant U.S. Attorneys Ron Hanna and Adam Korn are prosecuting the case.

Grocery Store Owner Sentenced To Prison For Defrauding Federal Food Stamp Program

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PHILADELPHIA - Young Hwa Jung, 57, of North Wales, PA, was sentenced today to 15 months in prison for committing fraud against a government assistance program, announced Acting United States Attorney Louis D. Lappen. The defendant had been charged by criminal information with one count of conspiracy and one count of trafficking in Supplemental Nutrition Assistance Program (“SNAP”), benefits, formerly known as food stamps. The SNAP is administered by the United States Department of Agriculture (“USDA”)’s Food and Nutrition Service, with the goal of alleviating hunger in the United States.

The defendant owned and operated Jung & Hong Inc, a retail grocery store located at 2501 South 70th Street in Philadelphia. As he admitted at his guilty plea hearing on December 13, 2016, the defendant trafficked SNAP benefits by purchasing those benefits from customers of Jung & Hong, Inc. in exchange for cash, which is illegal. As the defendant admitted further, between January 2011 and May 2016, as a result of his trafficking activities, the defendant caused a loss of approximately $607,017.17 to USDA’s Food and Nutrition Service.

In addition to the prison term, the Honorable Gene E.K. Pratter, United States District Judge, sentenced the defendant to three years of supervised release to follow incarceration; full restitution of $607,017.17; and a special assessment of $200. The Court also ordered forfeiture of a 2013 Toyota Tundra that the defendant had purchased with the proceeds of the fraud.

The case was investigated by the United States Department of Agriculture Office of Inspector General and Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Mary E. Crawley.


Opioid & Heroin Addiction & Prevention Awareness Program Spring Schedule Set to Launch

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PROVIDENCE – The United States Attorney’s Office announced today the launch of a busy Spring schedule of in-school presentations and community forums to address the growing epidemic of opioid and heroin addiction in Rhode Island, and the availability of prevention and treatment resources across the state.

 

Since September, the United States Attorney’s Office, in partnership with substance abuse prevention coalitions and student assistance counselors across Rhode Island, has participated in opioid and heroin addiction and prevention awareness community forums in Providence, South Kingstown, North Kingstown, Middletown, Woonsocket, Bristol, Cranston and Barrington, and in-school student programs in Providence, Portsmouth, Johnston, North Kingstown, Central Falls, North Providence, South Kingstown and Barrington.

 

On Thursday, March 16, the entire student body at Rogers High School in Newport will participate in a discussion about choices; view a screening of the powerful documentary Chasing the Dragon - an unscripted and real-life look at the devastation of opioid and heroin addiction; the personal story of a parent, Deborah Parente, who lost her only child to opioid and heroin addiction; and a presentation by a student assistance counselor about important information and resources available to students in-school and in the community.

 

Similar in-school programs have been calendared for students at Woonsocket High School on March 22, at Westerly High School on March 30, at Central Falls High School on April 6 and 11, at Mt. Hope High School in Bristol on April 13, and at Cumberland High School on May 16. Additional programs are being planned.

 

Community forums have been scheduled in Central Falls on March 22, and in Warwick on April 26, where, in addition to a discussion about the impact the epidemic is having across the state, a screening of Chasing the Dragon, and the personal stories of families impacted by addiction, a panel of medical, treatment, education, and law enforcement experts will engage in a discussion about the hard-truths of addiction and the importance of addiction treatment and prevention.

 

For program information or to schedule an opioid and heroin addiction and prevention awareness program, please contact the Substance Abuse and Prevention Coalition director in your community; Elizabeth Farrer at the R.I. Department of Behavioral Healthcare, Developmental Disabilities and Hospitals at (401) 462-0644; or Jim Martin, Public Information Officer and Community Outreach Specialist at the United States Attorney’s Office at (401) 709-5357.

 

For information about in-school awareness programs, please contact a student assistance counselor in your community; Sarah Dinklage, Executive Director of R.I. Student Assistance Services at (401) 732-8680; or Jim Martin, Public Information Officer and Community Outreach Specialist at the United States Attorney’s Office at (401) 709-5357.

 

Assistance and information about treatment options for opioid addiction is available from a licensed counselor 24-hours a day, 7 days a week by calling Prevent Overdose RI at 942-STOP (942-7867).

 

 

 

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U. S. Attorney Tarver Resigns; Acting U.S. Attorney Appointed

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Savannah, GA- Edward J. Tarver resigned effective March 11, 2017 as the United States Attorney for the Southern District of Georgia. Mr. Tarver had served in that office since December of 2009. James D. Durham assumed leadership of the office as Acting United States Attorney. Mr. Durham has been First Assistant United States Attorney since January of 2010. Mr. Durham has been with the office since March of 2002.

 

Acting U.S. Attorney Durham said, “As a Captain in the Army, a federal judicial law clerk and as a United States Attorney, Ed Tarver served the American people with honor and distinction for over 20 years. We thank Mr. Tarver for his great work on behalf of the Southern District of Georgia, and we wish him the very best as he begins the next chapter of his distinguished career.”

 

 

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Albuquerque Felon Pleads Guilty to Violating Federal Firearms Laws

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ALBUQUERQUE – Manuel Herrera, 50, of Albuquerque, N.M., pled guilty today in federal court to being a felon in possession of firearms and ammunition under a plea agreement with the U.S. Attorney’s Office.

 

Herrera was arrested in Jan. 2017, on an indictment charging him with being a felon in possession of a firearm and ammunition on Sept. 11, 2016, in Bernalillo County, N.M. According to the indictment, Herrera was prohibited from possessing firearms or ammunition because of his prior felony convictions for forgery, aggravated driving while intoxicated, bribery or intimidation of a witness, possession of a firearm by a felon, possession of a controlled substance, and aggravated assault with a deadly weapon.

 

During today’s proceedings, Herrera entered a guilty plea to the indictment, and admitted possessing a firearm and ammunition on Sept. 11, 2016. At sentencing, Herrera faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.

 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sandoval County Sheriff’s Office. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.

Ohio man sentenced to federal prison for gun crime

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HUNTINGTON, W.Va. – An Ohio man was sentenced today to two and a half years in federal prison for a gun charge, announced United States Attorney Carol Casto. Stephen Hite Whitt, 30, of Scottown, previously pleaded guilty to being a felon in possession of a firearm.

Whitt admitted that on June 21, 2014, he pawned a Marlin Model 60, .22 caliber rifle for $50.00 at Tri-State Pawn and Jewelry, located on 29th Street in Huntington. Whitt also admitted that on June 22 and June 30, 2014, he pawned three other rifles at Tri-State Pawn and Jewelry – a Marlin Model .30-30 rifle, a Glenfield Model 60, .22 rifle, and an Old Colony single shot 12-gauge shotgun. Whitt was prohibited from possessing any firearm under federal law because prior to pawning the firearms, he had been convicted in 2007 of two counts of entering without breaking in the Circuit Court of Cabell County.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant United States Attorney R. Gregory McVey is in charge of the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.

This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.

Navajo Man from Kirtland Sentenced for Being Accessory After the Fact to March 2015 Voluntary Manslaughter

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ALBUQUERQUE – Maynard Shirley, 38, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was sentenced today in federal court in Albuquerque, N.M., to 42 months in prison followed by three years of supervised release for his conviction arising out of the March 21, 2015 death of a Navajo man.

 

According to court filings, Maynard Shirley and his brothers Elijah Shirley, 32, and Michael Shirley, 32, were charged with murdering a Navajo man and assaulting the murder victim’s father. The defendants committed the crimes on March 21, 2015, in Fruitland, N.M., in San Juan County, N.M. The three men were indicted on April 14, 2015, and charged with killing the victim by stabbing him with a knife, and assaulting the victim’s father with a dangerous weapon and causing him to suffer serious bodily injury.

 

Maynard Shirley pled guilty on Dec. 13, 2016, to a felony information charging him with being an accessory after the fact to the offense of voluntary manslaughter. In entering the guilty plea, Maynard Shirley admitted that from March 21, 2015 through March 23, 2015, he aided Elijah Shirley despite knowledge that Elijah Shirley had committed the crime of voluntary manslaughter. Maynard Shirley admitted helping Elijah Shirley by transporting him, securing housing for him, and burning his vehicle.

 

Elijah Shirley entered a guilty plea on Sept. 21, 2016, to a felony information charging him with voluntary manslaughter, and admitted stabbing and killing the victim in the heat of passion. Elijah Shirley was sentenced on Jan. 24, 2017, to 121 months in prison followed by three years of supervised release.

 

On Sept. 21, 2016, Michael Shirley also pled guilty to a felony information charging him with being an accessory after the fact, and admitted that after the victim was killed, he assisted Elijah Shirley by burning a BMW vehicle and Maynard Shirley by helping him secure housing and transportation. Michael Shirley was sentenced on Jan. 24, 2017, to 63 months in prison followed by three years of supervised release.

 

The case was investigated by the Farmington office of the FBI and the Shiprock and Kayenta offices of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Niki Tapia-Brito and Nicholas Marshall.

Federal Jury Convicts Murfreesboro Man Of Smuggling Silencers Into The United States

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Paul Gratton, 50, of Murfreesboro, Tenn., was found guilty today by a federal jury of delivering of a firearm to a common carrier without written notice; illegal shipment of a firearm with intent to commit a felony; illegal importation of a firearm; illegal receipt of a firearm that had been imported; and unlawful possession of unregistered silencers, announced Jack Smith, Acting United States Attorney for the Middle District of Tennessee. The jury acquitted Gratton of tampering with evidence.

 

The jury returned its verdict following a two-day trial before Chief U.S. District Judge Kevin H. Sharp.

 

The evidence at trial showed that, in the spring of 2015, Gratton, who owns a helicopter servicing business in Murfreesboro, traveled to England, where he purchased six firearm silencers, none of which had serial numbers, from a firearms dealer in Sheffield. Gratton put some of the silencer parts into a DHL package, which he deliberately mislabeled in order to ensure that those silencers got through U.S. Customs without being discovered by the authorities. Gratton put other silencer parts into his checked baggage, and flew back to Murfreesboro. Federal law enforcement officers later obtained a search warrant for Gratton’s residence, where they recovered the silencers and obtained a confession from Gratton.

 

Gratton faces a maximum penalty of 10 years in prison and a maximum fine of $250,000. A sentencing date has not yet been set.

 

The case was investigated by the Bureau of Alcohol, Tobacco Firearms & Explosives; the Rutherford County Sheriff’s Office; and the Murfreesboro Police Department. The case was prosecuted by Assistant U.S. Attorneys Ben Schrader and Ahmed Safeeullah.

Statement Regarding Northern Indiana Operating Status

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The United States Attorney’s Office announced that Clifford D. Johnson is now the Acting United States Attorney.

 

The Vacancies Reform Act (VRA), 5 U.S.C. § 3345(a)(1), provides that when a presidentially appointed U. S. Attorney resigns, the First Assistant U.S. Attorney (“FAUSA”) of that office automatically becomes Acting U.S. Attorney. As a result of David J. Capp’s resignation, Clifford D. Johnson is now the Acting United States Attorney for the Northern District of Indiana.

 

Mr. Johnson has held the FAUSA position since August 2007. He joined the U.S. Attorney’s office as a Civil Assistant United States Attorney (“AUSA”) in January 1986. Before becoming the FAUSA, he was the office’s Civil Division Chief. Prior to joining the U.S. Attorney’s Office, from August 1980 until December 1985, he was employed as a trial attorney in the Employment Litigation Section of the Department of Justice’s Civil Rights Division. He earned his B.A. degree from Valparaiso University in May 1976 and his law degree (Juris Doctor) from Valparaiso University School of Law in May 1980.

 

The office looks forward to continued cooperation with federal, state and local law enforcement agencies in our joint effort to promote public safety throughout the Northern District of Indiana.

 

 

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Cambodian National Pleads Guilty to Violations of the Federal Gun Control Act

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Acting U.S. Attorney Duane A. Evans announced thatCHHAY LIM,age 45, a citizen of Cambodia, pled guilty today, on the day of trial, to a two-count Indictment charging him with violations of the Federal Gun Control Act.

 

According to the court documents, on or about March 2, 2015, LIM, an illegal alien, was found in possession of a TriStar 9mm semi-automatic pistol and a Marlin Model 6082, .22 caliber rifle.

 

LIM faces a maximum term of imprisonment of ten years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Kurt D. Engelhardt set sentencing for May 17, 2017.

 

Acting U.S. Attorney Evans praised the work of the Homeland Security Investigations of the U.S. Department of Homeland Security, in investigating this matter. Assistant United States Attorney Spiro G. Latsis is in charge of the prosecution.

Greensburg Man Sentenced to Probation for Using Fake Secret Service Credentials

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PITTSBURGH – A Westmoreland County resident has been sentenced in federal court to 2 years of probation and $500 fine on his conviction of Fraudulent Official Seals, Acting United States Attorney Soo C. Song announced today.

United States District Judge Nora Barry Fischer imposed the sentence on Christopher Diiorio, 53, of Greensburg, PA.

According to the information presented to the court, Christopher Diiorio conspired with others to produce false United States Secret Service identification cards. He also misrepresented that he was an agent of the United States Secret Service, possessed, and displayed an imitation United States Secret Service badge to a hotel manager in order to obtain the government rate for a hotel stay. Finally, he misrepresented that he was an agent of the United States Secret Service and displayed the false United States Secret Service identification card during an encounter with a local police officer.

Assistant United States Attorney Paul E. Hull prosecuted this case on behalf of the government.

Acting United States Attorney commended the United States Secret Service for the successful investigation of Christopher Diiorio.

Statement from U.S. Attorney Deirdre M. Daly

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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that she will continue to serve as U.S. Attorney.

“I thank the Attorney General and the Administration for affording me the opportunity to remain as the U.S. Attorney for the District of Connecticut so that I might complete 20 years of service to the Department of Justice in October,” said U.S. Attorney Daly.  “I look forward to continuing to work on behalf of the residents of Connecticut in my remaining time, and I will focus on an orderly transition as I complete what has been a rewarding tenure in the Office.”

Daly has served as the U.S. Attorney, including in an acting or interim capacity, since May 14, 2013.  From July 2010 to May 2013, she was the First Assistant U.S. Attorney during which time she assisted in the oversight of both the Criminal and Civil Divisions.  From 1985 to 1997, Daly was an Assistant U.S. Attorney in the Southern District of New York, where she prosecuted a wide range of cases from racketeering and murder to corruption and fraud, and later served as the Assistant-In-Charge of White Plains Office for three years.  She also served as a law clerk to Honorable Lloyd F. MacMahon, U.S. District Judge for the Southern District of New York, from 1984 to 1985.

The U.S. Attorney’s Office is charged with enforcing federal criminal laws in Connecticut and representing the federal government in civil litigation. The Office is composed of approximately 65 Assistant U.S. Attorneys and approximately 52 staff members at offices in New Haven, Hartford and Bridgeport.

For more information about the U.S. Attorney’s Office for the District of Connecticut, please visit www.justice.gov/ct.

U.S. Attorney Christopher R. Thyer Announces Resignation

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LITTLE ROCK—As requested by Attorney General Jeff Sessions, United States Attorney Christopher R. Thyer, 47, of Jonesboro, announced his resignation effective March 10, 2017. Mr. Thyer, who has made serving the needs of the poor and crime-affected citizens of eastern Arkansas a priority during his tenure, has been the United States Attorney for the Eastern District of Arkansas since December 31, 2010.
Patrick C. Harris, 64, of Little Rock, who has served as the First Assistant United States Attorney for the past four years, assumed leadership of the office as Acting United States Attorney effective immediately upon Mr. Thyer’s resignation.

“Our laws and our law enforcement agencies are meant to do two things: to allow citizens of the United States to fully realize the pursuit of peace and prosperity, and to arrest and prosecute those who criminally interfere with those freedoms,” said Mr. Thyer. “I have seen communities where drugs and violence have stolen even the freedom to go for a walk or play in a park because of the brazenness of violent drug dealers. For more than six years I have had the privilege of working with local, state and federal law enforcement officers and prosecutors to fight these violent drug dealers. This has been a highlight of my professional life for which I am thankful.”

During his tenure, Mr. Thyer has led the U.S. Attorney’s Office for the Eastern District of Arkansas in doing just that. He served on the executive board for the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) program, as well as the executive board of the FBI’s Joint Terrorism Task Force, and has been a key voice in expansion of the Organized Crime Drug Enforcement Task Force (OCDETF) in Arkansas. What Mr. Thyer has said that he is most proud of is his office’s work helping disadvantaged communities to take back their neighborhoods from violent drug dealers. Under Mr. Thyer’s leadership, the U.S. Attorney’s Office for the Eastern District of Arkansas has succeeded in prosecuting many violent drug organizations.

In October 2011, less than a year after Mr. Thyer was sworn in, a Grand Jury indicted 71 defendants in “Operation Delta Blues,” the first of many cases prosecuted by the U.S. Attorney’s Office for the Eastern District of Arkansas aimed at tackling the dual epidemic of drugs and violence in eastern Arkansas and the Delta. “Delta Blues” dismantled an international cocaine ring operating out of West Memphis, Helena, and Marianna, that included five corrupt police officers. The case ended with the conspiracy leader, Sedrick Trice, receiving a 40-year sentence, Demetrius Colbert, who shot an FBI agent, receiving life plus 10 years in prison, and all police officers convicted. Other operations in the same area included “Operation Delta Crossroads” (19 defendants) and “Operation Plastic Castle” (47 defendants).

Under Mr. Thyer’s leadership, the crime-ridden areas where local police most needed federal assistance received that assistance, including Mississippi, Craighead, Crittenden, Phillips, and Lee counties. Since 2013, multiple joint operations between local law enforcement and federal agencies such as the Arkansas State Police, DEA, FBI, and ATF have resulted in arrests of hundreds of criminals and the dismantling of drug networks in those areas. In the past three years in Blytheville alone, the U.S. Attorney’s Office for the Eastern District of Arkansas has teamed with the ATF, DEA, and FBI in four major operations that resulted in the arrest of 127 individuals, including 70 in 2015’s “Operation Blynd Justus.” Also during Mr. Thyer’s tenure, his office successfully prosecuted multiple cases involving Mexican drug cartel members.

The U.S. Attorney’s Office for the Eastern District of Arkansas was on the forefront of recognizing the opioid epidemic in Arkansas. In May 2015, Little Rock was the regional hub of a national DEA effort dubbed “Operation Pilluted.” Mr. Thyer’s office returned six indictments in which 113 defendants were charged, including five doctors, four nurses, and five pharmacists. These multiple cartel and large-defendant drug cases are why the U.S. Attorney’s Office for the Eastern District of Arkansas has routinely ranked among the top-producing OCDETF districts in the nation for its size.

The focus on partnership between federal and local law enforcement agencies has been a hallmark of Mr. Thyer’s tenure. Four years ago, the U.S. Attorney’s Office for the Eastern District of Arkansas reinstituted and coordinated free training for local law enforcement agencies. Under the leadership of Mr. Thyer, the office revamped the Law Enforcement Coordinating Committee’s quarterly newsletter, focusing on activities and achievements of local law enforcement agencies in the district.

In September 2016, Mr. Thyer hosted the national Violence Reduction Network (VRN) 2016 Fall Summit in Little Rock and welcomed Attorney General Loretta Lynch, who delivered opening remarks. The VRN, which focuses in Arkansas on the cities of Little Rock and West Memphis, is a comprehensive approach to reducing violent crime in communities around the country through a hands on approach between local and federal agencies, furthering Mr. Thyer’s efforts in the use of collaborative law enforcement approaches to tackle serious crime.

Mr. Thyer’s local outreach has not been limited to law enforcement agencies. The U.S. Attorney’s Office for the Eastern District of Arkansas recently implemented the district’s first-of-its-kind reading partnership with the Little Rock School District. Assistant United States Attorneys (AUSAs) also regularly meet with prisoners in federal correctional institutions as part of interdisciplinary prisoner reentry programs.
Combatting public corruption has also been a focus of the U.S. Attorney’s Office under Mr. Thyer’s leadership. Always emphasizing the need to earn and keep the public trust, Mr. Thyer has overseen the prosecution of multiple corrupt political figures and law enforcement officers, including:

• Martha Shoffner, former Arkansas State Treasurer, who was sentenced to 30 months in prison for extortion and bribery after directing $2 billion in taxpayer money in bond business to a broker for a series of $6,000 payments.
• Former state judge Michael Maggio, who was sentenced to 10 years in prison for accepting bribes.
• Former state representative Hudson Hallum, who, along with West Memphis City Councilman Phillip Wayne Carter and former West Memphis Police Officer Sam Malone, pleaded guilty to conspiracy to commit election fraud in what was the first case in the United States in which state election law violations have been prosecuted under the Travel Act.
• Lu Hardin, former University of Central Arkansas president, who pleaded guilty to wire fraud and money laundering.
• Former Arkansas State Police Lieutenant Sedrick Reed, who was sentenced to 135 months in prison for his role in a cocaine conspiracy.
• Former Little Rock police officer Mark Jones, who was sentenced to 104 months in prison for his role in a marijuana conspiracy.
• Former Searcy Police Chief Jeremy Clark, who resigned and pleaded guilty to possession of hydrocodone.
• Former Bald Knob Police Chief Erek Balentine, who pleaded guilty to possession of a stolen firearm.
• Former Saline County Sheriff Bruce Pennington, who pleaded guilty to wire fraud.

Child exploitation is another area that has received top priority. Under Mr. Thyer’s guidance, the U.S. Attorney’s Office for the Eastern District of Arkansas successfully prosecuted the district’s first human sex trafficking case, which resulted in defendant Jermaine Roy receiving a 15-year prison sentence in 2013. Other sex-trafficking convictions soon followed, including Amber Johnson (144 months), Andre Kimball (120 months), and Dana Deffenbaugh (pending sentencing).

Mr. Thyer’s office has been responsible for significant civil award settlements. In 2013, the U.S. Attorney’s Office handled numerous cases involving complex issues of medical treatment and alleged wrongful death, resulting in saving the government approximately $27 million in damages in 2013 alone. In the past five years, the U.S. Attorney’s Office for the Eastern District of Arkansas has recovered approximately $193 million in false claims settlements and civil enforcements, as well as more than $11.5 million in criminal and civil collections.

With a focus on prosecuting cases involving large-scale drug dealing, violent crime, child exploitation, public corruption, healthcare and financial fraud, and civil rights, some of the other notable prosecutions during Mr. Thyer’s time as United States Attorney include:

• To date, 14 people have been indicted in a wide-ranging scheme to steal U.S. Department of Agriculture funds intended to feed hungry children. Eleven people have pleaded guilty and admitted to stealing more than $10 million from at-risk children’s feeding programs, and three are scheduled for trial in a case that is believed to involve more than $20 million in fraud.
• Wallando Onezine received a 10-year sentence for the distribution of heroin which led to the deaths of two Cabot residents.
• Jason Barnwell (20 years), Gary Dodson (15 years), Jake Murphy and Dustin Hammond (54 months) all received significant sentences for civil rights crimes after the firebombing of an interracial couple’s home.
• Lacey Moore received a 16-year prison sentence and was ordered to pay $12.5 million restitution after displacing 79 people by setting seven separate fires at Forrest Place Apartments in Little Rock.
• Dr. Robert Barrow was sentenced to a two-year term of imprisonment following his guilty plea to healthcare fraud after admitting to $2.2 million in fraudulent billing.
• Stephen K. Parks was sentenced to over two years in prison for wire fraud and forfeited money and property worth more than $9 million.
• Kevin Lewis was sentenced to 121 months in prison for bank fraud and ordered to pay $39.4 million in restitution.
• Matthew Hiner received a 25-year prison sentence for sexual exploitation of a minor by a parent.
• Joshua Thornton received a 30-year prison sentence for production of child pornography.

Prior to his federal appointment in 2010, Mr. Thyer had been a partner at Stanley & Thyer, P.A., since 2007, and a partner at Halsey & Thyer, PLC from 2005 to 2007. Thyer was with the Mooney Law Firm, P.A., from 1997 to 2005, and a solo practitioner from 1995 to 1997. Thyer also served in the Arkansas House of Representatives as a State Representative for the 74th District from 2003 to 2009. Mr. Thyer graduated from Arkansas State University in 1991 and from the University of Arkansas School of Law in 1995.

Harris, whose distinguished career with the U.S. Attorney’s Office for the Eastern District of Arkansas has spanned the past 31 years, served as the U.S. Attorney’s Office First Assistant for the past four years and Criminal Chief for six years prior to that. He attended the University of Arkansas at Fayetteville and graduated from the University of Arkansas at Little Rock and the William H. Bowen School of Law. Harris has also served as an adjunct law professor at the Bowen School of Law for ten years.

“I am thankful for the opportunity to serve the people of Arkansas and continue to carry out the mission of this office,” Harris said. “I also want to thank Chris Thyer for his commitment to this office for the past six years. I look forward to working with Attorney General Jeff Sessions and the new administration as the Department of Justice renews and strengthens its commitment to combat violent crime.”

The United States Attorney’s Office in the Eastern District of Arkansas includes five divisions and 41 counties within Arkansas. Its primary office is in Little Rock.

Two heroin dealers plead guilty to federal drug crimes

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HUNTINGTON, W.Va. – Two drug dealers pleaded guilty today to federal heroin crimes, announced United States Attorney Carol Casto. Romeo Devon Marbury, 29, of Detroit, entered his guilty plea to distribution of heroin. In a separate prosecution, Miana Miller, 20, of Huntington, entered her guilty plea to distribution of heroin.

Marbury admitted that on February 4, 2016, members of the DEA Task Force used a confidential informant to make a controlled acquisition of a free sample of approximately five grams of heroin at the Family Dollar on 5th Avenue in Huntington. Marbury additionally admitted that he provided the free sample of drugs to secure future sales. Marbury further admitted that he participated in additional sales of heroin to the confidential informant on February 24, March 3, and March 16, 2016, either by personally distributing the heroin or arranging for another individual to distribute the heroin. Marbury faces up to 20 years in federal prison when he is sentenced on June 19, 2017.

In a separate prosecution, Miller admitted that on September 15, 2015, she sold heroin to a confidential informant working with the Huntington FBI Drug Task Force. The drug deal took place at the corner of 9th Street West and Monroe Avenue in Huntington. Miller also admitted that she was involved in two additional sales of heroin to the same confidential informant on September 24 and October 21, 2015. On May 15, 2015, law enforcement conducted a search of Miller’s residence on 9th Avenue in Huntington and found approximately 83 grams of crack in the pocket of a coat in Miller’s bedroom. Law enforcement also discovered a loaded firearm in another bedroom of the home. Furthermore, Miller admitted that from October 3, 2015, to February 19, 2016, she leased a residence located at 1438 Lynn Street in Huntington in her name for another individual. Miller admitted that she did not live at that location and that the residence was unoccupied. Miller additionally admitted that the residence was used as a “stash house” to store drugs. In a search of that location on February 19, 2016, law enforcement seized 98 grams of crack and 11 grams of heroin. Miller faces up to 20 years in federal prison when she is sentenced on June 19, 2017.

The DEA Task Force conducted the investigation of Marbury. The investigation of Miller was conducted by the Huntington Police Department and the Huntington FBI Drug Task Force. Assistant United States Attorney R. Gregory McVey is responsible for these prosecutions. The plea hearings were held before Chief United States District Judge Robert C. Chambers.

These cases were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

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