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NDTX Roundup: May 13-19

CHARGED – Brandon Daeyon Glaspie & Darren Miles*

On May 13, a federal grand jury indicted Brandon Daeyon Glaspie, 38, and Darren Miles, 21, for conspiracy to interfere with commerce by robbery, interference with commerce by robbery, and brandishing a firearm during a crime of violence. The defendants allegedly stole approximately $160,000 from an armored vehicle owned by Brinks, a security logistic company. They allegedly threatened the driver at gunpoint, then fled the scene. The defendants face up to 47 years in federal prison.  The case was investigated by the FBI and prosecuted by Assistant U.S. Attorneys Joe Magliolo and Gary Tromblay.

CHARGED – Samuel Johnson*

On May 15, Samuel Lynn Johnson, 20, was charged via criminal complaint with possession of prepubescent child pornography. According to court documents, the defendant allegedly uploaded obscene images of children to Tumblr, a microblogging site.  In an interview with police, he also allegedly admitted to inappropriate sexual contact with a 7-year-old family member. If convicted, he faces up to 20 years in federal prison. The Texas Department of Public Safety and Federal Bureau of investigation conducted the investigation with the help of the Snyder Police Department. Assistant U.S. Attorney Callie Woolam is prosecuting the case.

SENTENCING – Erica Renee Robertson

On May 19, Erica Roberson, 41, was sentenced to 24 months in federal prison for conspiracy to possess a controlled substance with intent to distribute. Robertson admits obtaining heroin from a supply in Dallas, Texas and transporting it back to Wichita Falls, Texas. Once in Wichita Falls, she sold heroin to customers in the local area. This case was investigated by the Texas Department of Public Safety and DEA and prosecuted by Assistant U.S. Attorney Robert Boudreau.

SENTENCING – Amy Faye Moore

On May 19, Amy Faye Moore, 40, was sentenced to 37 months in federal prison for conspiracy to possess a controlled substance with intent to distribute. Moore obtained heroin from a supply in Dallas, Texas and transported it back to the Wichita Falls, Texas. Moore admits to selling heroin to customers located in the Wichita Falls area. This case was investigated by the Texas Department of Public Safety and DEA and prosecuted by Assistant U.S. Attorney Robert Boudreau.

 

*All defendants are presumed innocent unless and until proven guilty in a court of law.


Southern Shores Man Pleads Guilty to Cocaine Distribution

RALEIGH, N.C. – A Southern Shores, NC man pleaded guilty today to conspiracy to distribute five (5) kilograms of cocaine.

According to court documents, Herndon Hunt Outlaw Riddle, III, 40, conspired with his codefendant Adolphus McClain to distribute five (5) kilograms of cocaine.  McClain previously pled guilty to the charge and is awaiting sentencing.

Riddle pleaded guilty to Conspiracy to Distribute five (5) kilograms or more of Cocaine and faces not less than ten years and up to life imprisonment when he is sentenced during the court’s September 8, 2020 term.

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina, made the announcement after U.S. Magistrate Judge James E. Gates accepted the plea. The Federal Bureau of Investigation (FBI), the Internal Revenue Service Criminal Investigations (IRS-CI), the United States Marshals Service (USMS), the North Carolina Department of Insurance, the Dare County Sheriff’s Office, and the Kitty Hawk Police Department, the Hialeah, Florida Police Department assisted in this investigation.  Assistant U.S. Attorney Ethan Ontjes is prosecuting the case.

A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 2:19-cr-00016-D-1.

Man from Farmington, New Mexico pleads guilty to firearm possession in federal court

           ALBUQUERQUE, N.M. – Rafael Almeida, 42, of Farmington, New Mexico, pleaded guilty in federal court in Albuquerque on May 20 to possessing a firearm during a drug trafficking crime.

           In Almeida’s plea agreement, he admitted committing this offense in Farmington, New Mexico on Nov. 5, 2019. Almeida possessed bags of methamphetamine while riding in a truck to a hotel.  Almeida kept the drugs within reach between the passenger seat and center console.  The drugs were individually packaged and Almeida intended to sell them.  Almeida kept a loaded pistol on top of the drugs for his protection while trafficking these drugs.

            Almeida is currently in custody awaiting sentencing. He faces from five years to life in prison for this offense.

           The FBI investigated this case with the New Mexico Region II Narcotics Task Force, including members of the Farmington Police Department and San Juan County Sheriff’s Office. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.

Philadelphia Man Pleads Guilty to Fentanyl Trafficking

Jackson, Miss. – Brian Christopher Sims, 35, of Philadelphia, pled guilty today before U.S. Chief District Judge Daniel P. Jordan III to possession with intent to distribute fentanyl, announced U.S. Attorney Mike Hurst, Jere T. Miles, Special Agent in Charge of Homeland Security Investigations in New Orleans, and Steven Maxwell, Acting Director of the Mississippi Bureau of Narcotics.   

On August 6, 7, and 16, Sims sold fentanyl to an individual on Church Street in Philadelphia. The fentanyl sold by Sims consisted of over 31 separate, single-dose sublingual sprays that contained 200 micrograms each. The total amount of fentanyl sold was in excess of 300 grams.

“This criminal endangered all of East Central Mississippi with one of the deadliest drugs in the world. This tiny amount of fentanyl could have killed approximately 150,000 people, or five times the population of Neshoba County alone. I applaud our investigators, agents and prosecutors for bringing this evildoer to justice and taking this poison off our streets,” said U.S. Attorney Hurst.        

“This fentanyl dealer was bringing a deadly drug into our local communities,” said Jere T. Miles, HSI New Orleans Special Agent in Charge.  “Our special agents are committed to removing this drug from our streets and dismantling the criminal organizations involved in its distribution.”

“This investigation represents a commitment by all agencies involved to collectively work in partnership for the purpose of improving the quality of life in communities throughout Mississippi by effectively removing dangerous predatory violent drug offenders” said Steven Maxwell, Acting Director of the Mississippi Bureau of Narcotics.  

Sims was charged in a three count indictment that was filed on October 22, 2019. He will be sentenced by Judge Jordan on August 21, 2020 at 9:00 a.m. and faces a maximum penalty of 20 years in prison and a $1,000,000 fine.

This OCDETF operation is a result of a joint investigation by Homeland Security Investigations, the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. Assisting agencies included the Philadelphia Police Department, Neshoba County Sheriff’s Department, Neshoba County District Attorney’s Office, Scott County Sheriff’s Office, Flowood Police Department, Rankin County Sheriff’s Department, Hinds County Sheriff’s Department, Carthage Police Department, Union Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisville Police Department, Mississippi Highway Patrol, and the United States Marshals Service.  Assistant U.S. Attorney Erin Chalk is prosecuting the case.

The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets. 

 

 

Jefferson County Man Indicted for Soliciting Murder-For-Hire

BEAUMONT, Texas – A 46-year-old Port Arthur, Texas man has been indicted for federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

               Santos Orellana-Hernandez was indicted by a federal grand jury on May 20, 2020 and charged with the use of interstate commerce facilities in the commission of murder-for-hire.

               According to the indictment, from January 17, 2020 until March 18, 2020, in the Eastern District of Texas and elsewhere, Orellana-Hernandez used a telephone to solicit the murder of two persons in violation of the laws of the United States. 

               If convicted, Orellana-Hernandez faces up to 10 years in federal prison.

               This case is being investigated by the Federal Bureau of Investigation and the Port Arthur Police Department and prosecuted by Assistant U.S. Attorney John B. Ross.

               A grand jury indictment is not evidence of guilt.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

California man admits to trafficking crime for meth found hidden in peanut butter, piñata

GREAT FALLS – A California man admitted to a drug distribution charge today after investigators found almost two pounds of methamphetamine hidden in a peanut butter jar and a piñata that were bound for the Fort Peck Indian Reservation, U.S. Attorney Kurt Alme said.

Don Fred Baldwin, 47, of Merced, CA, pleaded guilty to distribution of meth. Baldwin faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release.

Chief U.S. District Judge Brian Morris presided and set sentencing for Sept. 17. Baldwin was detained.

The prosecution said in court documents that Baldwin mailed a package on Nov. 7, 2019 from California to Brockton, located on the Fort Peck Indian Reservation. Law enforcement officers intercepted the package, obtained a search warrant and found meth hidden inside a jar of peanut butter and a piñata. The amount of meth totaled about 776 grams, which is about 1.7 pounds and the equivalent of approximately 6,208 doses. When interviewed, Baldwin told law enforcement that he mailed the meth. Baldwin clarified later that he provided the meth to another person who mailed it to Montana.

Assistant U.S. Attorney Cassady Adams is prosecuting the case, which was investigated by the FBI, Fort Peck Tribal Criminal Investigators and the Merced, CA, Police Department.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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Arizona Man Sentenced to Eleven Years in Prison for Fentanyl Worth Over $6 Million

LITTLE ROCK—An Arizona man was sentenced today to 132 months in federal prison for his involvement in a fentanyl conspiracy that took him through Russellville, Arkansas. Cody Hiland, United States Attorney for the Eastern District of Arkansas, announced that Herbierto Felix Ruiz, 48, was sentenced for conspiracy to possess fentanyl with intent to distribute.

On September 28, 2017, Arkansas State Police conducted a traffic stop in Russellville when a silver Hyundai Santa Fe crossed the center line on Interstate 40. Ruiz was the front seat passenger, and his name was on the car’s rental agreement. Ruiz had rented the car two days earlier in California. When the driver of the car and Ruiz gave conflicting stories to the officer, the officer asked to search their vehicle, and Ruiz consented to the search.

The officer found six packages wrapped in duct tape and hidden in the vehicle’s spare tire. The spare tire was a 15-inch tire, but the vehicle required 17-inch tires. The packages turned out to be over 15 pounds of fentanyl, which had a street value of over $6 million.

In November 2017, a grand jury charged Ruiz with conspiracy to possess with intent to distribute fentanyl.  Then, in February 2018, an auto salvage business contacted law enforcement to report they had located a suspicious package in a vehicle they had purchased at auction from a car rental company. The vehicle was the same Hyundai Santa Fe from Ruiz’ previous traffic stop, and it contained an additional five kilograms of fentanyl that had not been found in the initial search.

On April 3, 2018, a grand jury charged Ruiz, and others, in a Superseding Indictment to increase the amount of fentanyl involved in the offense. Ruiz pleaded guilty on October 10, 2019. Today, United States Chief District Court Judge D. Price Marshall, Jr., sentenced Ruiz to eleven years in prison, followed by five years of supervised release. There is no parole in the federal system. Chief District Court Judge Marshall stated at the sentencing hearing that part of the basis for his sentencing decision was due to the danger involved with fentanyl.

"Fentanyl is an incredibly dangerous drug, and our office remains focused on removing it from our streets,” stated U.S. Attorney Hiland. “Today’s lengthy sentence is an example of the continued pressure we will apply to drug traffickers, especially those who bring this deadly substance into our communities.”

Fentanyl is the greatest and most significant synthetic opioid threat to the United States, including here in Arkansas, where as little as two milligrams is a lethal dose.  This conviction and lengthy sentence should send a message to all drug traffickers that DEA will continue to work with all of our law enforcement partners to aggressively pursue those who ruthlessly traffic fentanyl and other dangerous drugs,” said DEA Assistant Special Agent in Charge Justin King.

The U.S. Attorney’s Office has placed significant focus on fentanyl in the Eastern District of Arkansas, especially highlighted by three separate takedown operations in October 2019. Those operations resulted in criminal charges against 49 people and seizure of over 1,600 grams of fentanyl. A single dose of fentanyl can be as small as one-sixteenth of a gram.

The Ruiz investigation was conducted by the Drug Enforcement Administration, Arkansas State Police, and the Fifth Judicial Drug Task Force.

# # #

This news release, as well as additional information about the office of the

United States Attorney for the Eastern District of Arkansas, is available on-line at

http://www.justice.gov/edar

 

Twitter:

@EDARNEWS

Lodge Grass man admits strangling girlfriend

BILLINGS – A Lodge Grass man today admitted strangled his girlfriend during an assault last year at her residence on the Crow Indian Reservation, U.S. Attorney Kurt Alme said.

Augustus Christopher Wolfblack, also known as Augustus Christopher Flatmouth, 19, pleaded guilty to assault by strangulation of a dating partner. Wolfblack faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge Timothy J. Cavan presided. Wolfblack was released pending further proceedings.

In court documents filed in the case, the prosecution said Wolfblack assaulted the victim on Sept. 15, 2019 at her residence in Lodge Grass. Wolfblack struck the victim with his fists, put her in a headlock and strangled her. After the assault, Wolfblack left and the victim sought help from relatives. Bureau of Indian Affairs law enforcement officers interviewed the victim, who was treated at the Indian Health Service in Crow Agency for injuries. When interviewed, Wolfblack initially denied assaulting the victim except to say he grabbed her arm after she hit him in the head. After being pressed, Wolfblack admitted he had hit the victim with his fists, pushed and shoved her and held her up against a wall by putting his hand around her neck, although he claimed that he did not squeeze her neck.

Assistant U.S. Attorney Lori Suek is prosecuting the case, which was investigated by the FBI.

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Meridian Woman Pleads Guilty under Project EJECT to Making False Statements to Federal Agents

Jackson, Miss. – Kadesha Dashanae Houston, 25, of Meridian, pled guilty today before U.S. District Court Chief Judge Daniel P. Jordan III to making false statements to a federal officer during the course of a federal investigation, announced U.S. Attorney Mike Hurst and Kurt Thielhorn, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

On March 22, 2019, the Meridian Police Department began investigating a case involving a convicted felon in possession of several pounds of marijuana and multiple firearms.  During the course of the investigation, it was discovered that Kadesha Dashanae Houston had purchased one of the firearms, a Romarm/Cugir, Draco Model, 7.62x39mm caliber AR style pistol. 

ATF agents became involved in the investigation and interviewed Houston in an attempt to find out how a firearm she purchased ended up in the possession of a convicted drug dealer just fifteen days after she purchased it.  Houston gave false statements regarding who she purchased the firearm for and why she bought it.  When given a chance to retract her false statements in light of other evidence gathered by the ATF, she maintained her false story.  It was later discovered that Houston was in a romantic relationship with the convicted felon drug dealer. 

Houston was indicted by a federal grand jury on August 6, 2019.  She will be sentenced by Chief Judge Jordan on August 20, 2020 and faces a maximum penalty of five years in prison and a $250,000.00 fine.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  It is being prosecuted by Assistant United States Attorney Charles W. Kirkham.

This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

 

Southwest Honkys Gang Member Pleads Guilty to Meth Conspiracy

SPRINGFIELD, Mo. – A Fair Grove, Missouri, man who is a member of the Southwest Honkys violent prison gang pleaded guilty in federal court today to his role in a drug-trafficking conspiracy in which investigators intercepted a shipment of nearly 9.5 kilograms of methamphetamine.

William F. Jones, 45, pleaded guilty before U.S. District Judge M. Douglas Harpool to participating in a conspiracy to distribute methamphetamine in Christian County, Greene County, and Polk County, Missouri, from Dec. 21, 2016, to Oct. 15, 2017.

According to today’s plea agreement, Jones was identified as a mid-level member of the Southwest Honkys prison gang who had declined a leadership role.

Jones, under the surveillance of law enforcement, drove to the Kansas City, Missouri area on Oct. 11, 2017, and checked into an Independence, Missouri, hotel. A few days later, co-defendant Justin L. Rhoads, 32, of Lebanon, Missouri, met Jones in the hotel’s parking lot. They put a large duffel bag in the cab of Rhoads’s pickup truck, and he left the parking lot. Rhoads was later stopped by a Missouri State Highway Patrol trooper on Missouri Highway 13, just south of Humansville, Missouri. The trooper searched Rhoads’s vehicle and found 10 Ziploc-style plastic bags inside the duffel bag that contained a total of approximately 9,439 grams of methamphetamine, which was determined to be at least 93 percent pure.

Rhoads pleaded guilty on Dec. 16, 2019, to his role in the drug-trafficking conspiracy.

Under federal statutes, Jones and Rhoads each are subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Josephine L. Stockard. It was investigated by the Drug Enforcement Administration, the Springfield, Mo., Police Department and the Missouri State Highway Patrol. 

OCDETF
This case is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program.  The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy.  OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations.  Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

Calexico City Officials Charged With Corruption

Assistant U. S. Attorney Nicholas Pilchak (619) 546-9709

NEWS RELEASE SUMMARY– May 21, 2020

EL CENTRO – Calexico City Councilman and Mayor Pro Tem David Romero, along with Bruno Suarez-Soto, a commissioner on the city’s Economic Development and Financial Advisory Commission, were charged in federal court today with accepting cash bribes in exchange for promises of official action by the city.

The defendants were arraigned today via video teleconference before U.S. Magistrate Judge Bernard G. Skomal. They were released on $10,000 personal appearance bonds secured by their own signatures. The next court date is July 2, 2020 at 10:30 a.m. before U.S. District Judge Cathy Ann Bencivengo.

According to a charging document, Romero and Soto accepted $35,000 in cash bribes from an undercover FBI agent who they believed represented investors seeking to open a cannabis dispensary in Calexico. In return, Romero and Soto “guaranteed” the rapid issuance of a city permit for the dispensary, and to revoke or hinder other applicants if necessary to ensure that the bribe payer’s application was successful. Moreover, both men admitted they had taken bribes from others in the past, according to the charging document. Referring to this $35,000 payment, it is alleged they told the undercover agent, “This isn’t our first rodeo.”

In addition to being a Councilman, Romero serves as Calexico’s Mayor Pro Tem, meaning he was set to become Mayor in July 2020. Soto was recently appointed to the City commission responsible for promoting business and community growth and coordinating with prospective developers to help them invest in the City of Calexico.

“Public officials must act with honesty and integrity when doing the public’s business,” said U.S. Attorney Robert Brewer. “If civic leaders won’t uphold these standards, we will. We allege that these defendants traded on their positions of trust, selling the integrity of government in exchange for thousands of dollars. We will vigorously enforce the law whenever a public official puts his own greed ahead of the interests of his constituents.”

“Public corruption remains the FBI's top criminal priority.  As such, the FBI in San Diego and Imperial County has a robust public corruption program that is dedicated to uncovering criminal conduct of public officials,” said Acting FBI SAC Omer Meisel.  “The investigation of Mr. Romero and Mr. Suarez-Soto serves as another example of the FBI's commitment toward accountability for those serving the public and holding positions of trust.”

The charges allege that during a December 19, 2019 meeting at a restaurant in Calexico with the undercover FBI agent, Romero and Soto agreed to fast-track the agent’s purported application for a cannabis dispensary permit and guaranteed its rapid issuance in exchange for a $35,000 bribe. The defendants also offered to delay permit applications by competitors, court records said.

The charging document further alleges that toward the conclusion of the December 19, 2019 meeting, when the undercover agent asked if Romero and Soto might later ask for more than the $35,000 payment, Romero assured him that they would not. “This is done. Set and sealed,” Romero allegedly said.  Romero explained that he and Soto would require the money to be paid up front, however, because they had done similar work for other people, and those people had not paid the agreed-upon fee after the favors had been rendered.  Soto later added, “This isn’t our first rodeo.” Romero and Soto agreed to accept payment of the $35,000 from the agent in two installments, however: half up front, and half “when it’s a for sure thing.” 

According to court filings, at this meeting the undercover agent asked whether the payment of $35,000 would “get us in front of the line” of applicants.  Soto answered, “Hell yeah.”  Romero added that he “didn’t want to say it in front of everybody, but it will.”

On January 9, 2020, Romero and Soto attended a second meeting with the undercover agent at a restaurant in El Centro, California.  During the meeting, according to court records, Romero reminded the undercover agent how difficult it was to work with the City of Calexico, and how fortunate it was that the agent was working with Romero. Soto later added that in return for the bribe, Romero would cut through “so much bullshit [red] tape that exists” with the City.

During a discussion of the approval process for the permit application referenced in court records, Romero explained that the people who have to approve the undercover agent’s license were “my best friends at the entire City Hall.”  When asked if the “best friends” had already signed off on the plan, Romero responded “Fuck, yeah!” and laughed.

Court filings reveal that at the conclusion of the January 9, 2020 meeting, in the parking lot outside the restaurant, with Romero looking on, the undercover agent handed Soto $17,500 in cash and explained that he divided the first installment of the bribe into two envelopes: one with $8,800 and another with $8,700. The agent asked whether “we’re good,” and Romero responded, “Trust me” and added, “In my line of business, I can’t fuck up.  Which means he [Soto] can’t fuck up.”

According to the charging documents, the defendants accepted the second installment, $17,500 in cash, during a third meeting on January 30 in a parking lot outside a restaurant in El Centro.  Court documents further allege both men also admitted to creating a shell corporation to launder the proceeds of their bribery scheme.

The charging document also alleges that both men lied to the FBI when interviewed by agents at the conclusion of the January 30 meeting.  According to court filings, Romero falsely denied being part of any agreement with the undercover agent, and denied that anyone had made any “guarantees” to the agent.  Similarly, Soto falsely denied making any “guarantees” to the undercover agent and denied receiving any prior payments from the agent. 

U.S. Attorney Brewer praised Assistant U.S. Attorney Nicholas Pilchak, DOJ Public Integrity Section trial attorney Joshua Rothstein and FBI agents for working hard to achieve justice in this matter.

The case against Romero and Suarez-Soto is a public corruption investigation being conducted by the FBI and the U.S. Attorney’s Office. Any member of the public who has information related to this or any other public corruption matter in Imperial County or San Diego is encouraged to provide information to the FBI’s email tip line at tips.fbi.gov or to contact their local FBI Field Office. In Imperial County, the FBI can be reached 24 hours a day at 858-320-1800 or 1-877-NO-BRIBE (662-7423).

DEFENDANTS                                            Case Number 20cr1215                                           

Calexico City Councilman David Romero                 Age: 36                       Residence: Calexico, CA

Calexico City Commissioner Bruno Suarez-Soto      Age: 28                       Residence: Calexico, CA

SUMMARY OF CHARGES

Conspiracy to Commit Federal Program Bribery, in violation of Title 18, United States Code, Sections

371 and 666 (a) (1) (B)

Maximum Penalty: Five years in prison; $250,000 fine.

AGENCY

Federal Bureau of Investigation

 

 

 

Statement of United States Attorney Trent Shores, Northern District of Oklahoma, Before the President’s Commission on Law Enforcement and the Administration of Justice

Chairman Keith, Vice Chair Sullivan, and Members of the Commission,

Thank you for the opportunity to testify today about law enforcement and the administration of justice in Indian Country. It is truly an honor to be here, not only as a United States Attorney, but also as a citizen of the Choctaw Nation of Oklahoma.

First, please know that my testimony today was shaped by my experiences over the past 18 years working with law enforcement officers, justice officials, and tribal leaders to address public safety challenges in Indian Country. I began my legal career at the Justice Department’s Office of Tribal Justice where I worked on a variety of criminal and civil law issues impacting individual Native Americans and federally recognized tribes, including state-tribal cross-deputation agreements, domestic violence intervention, and juvenile justice. Then, I served for more than a decade as a career federal prosecutor and tribal liaison in northern and eastern Oklahoma, where I had even more direct experience with the very real public safety challenges in Indian Country. I worked side by side with the Cherokee Nation Marshals Service, the Muscogee (Creek) Lighthorse, the Osage Tribal Police, the Bureau of Indian Affairs Office of Justice Services, and many others to investigate and prosecute violent crimes in Indian Country. Sadly, many of the public safety challenges in Indian Country that I saw early in my career persist today, especially violence against women and children and violence driven by substance abuse. I do not think these challenges are insurmountable, but I do believe we must collectively take action to address them – federal, state, and tribal partners working through collaborative law enforcement models to achieve a common mission to protect and serve our communities.

Today, I am honored to serve as the Chair of the Native American Issues Subcommittee, which is the oldest subcommittee of the Attorney General’s Advisory Committee and is vital to the department’s mission in Indian Country to build and sustain safe and secure communities for future generations.

The NAIS is currently made up of 52 U.S. Attorneys from across the United States whose Districts contain Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General of the United States regarding public safety and legal issues that affect tribal communities. To that end, this NAIS has continued the tradition of those who came before us by working diligently to develop public safety solutions for Indian Country.

We reviewed and considered the Department of Justice’s various approaches to improving public safety in Indian Country. We found that public safety challenges persisted despite the considerable effort and resources the department has committed to upholding the federal trust responsibility. To address those challenges, the Subcommittee identified four priority areas to improve public safety in Indian country: (1) Violent Crime; (2) Drug Trafficking and Substance Abuse; (3) Law Enforcement Resources; (4) White Collar Crimes.

The NAIS recommended specific policies to address each priority. The Attorney General’s Advisory Committee unanimously adopted and supported these recommended policies. Department of Justice personnel already are pursuing and implementing some of those policies.

NAIS and the Department have worked quickly because the problem is urgent. Year after year, I have seen violent crime and substance abuse continue to occur at higher rates in Indian country than anywhere else in the United States. This is. In order to improve public safety for Native Americans, we must take swift and bold action, and we must do so in partnership with tribal leaders and law enforcement officials who know their local community best. When comparing Indian country to similarly situated rural communities, it is clear that there are not enough police officers nor victim resources to adequately cover the needs of Indian Country. In my experience, police officers are vital to deterring crime, helping victims, and maintaining rule of law. Unless and until the Bureau of Indian Affairs and tribal police departments are more fully staffed, public safety challenges will persist. Additionally, we need better law enforcement training that will provide necessary techniques and resources to officers that respond to all crimes in Indian country, including cases of domestic violence and missing or murdered indigenous people.

There is no one-size-fits-all solution problems in Indian country. In the United States, there are 574 federally recognized Tribes. Each Tribe is unique in its governmental structure, cultural heritage, and law enforcement needs. Any solution must fit the local conditions of the tribe and include collaboration between tribal, state, and federal agencies.

Take my District as an example. There are 39 federally recognized tribes in Oklahoma, and 14 of those are in the Northern District. We have large tribes like the Cherokee Nation and Muscogee (Creek) Nation and smaller tribes such as the Pawnee, Miami, and Delaware Tribes. Each of these tribes have unique public safety needs and varied resources to address them. My team of Assistant United States Attorneys prosecutes a diverse array of violent crimes and encounters complex jurisdictional situations that require multijurisdictional cooperation between federal, state, and tribal entities to pursue justice for many victims. Based on my experience, I believe collaborative law enforcement models work best, especially for resource-challenged police departments in rural areas and in Indian Country.

Of course, collaborative law enforcement requires individuals on the ground to collaborate. This is not always the case throughout Indian country. There is occasional friction between some state and local officials with tribal officials. This friction sometimes harkens back to historical injustices. Other times, the friction is the result of more recent relational failures. That being said, it has been my experience in Oklahoma that when the men and women of law enforcement sit down in a room together – be they tribal, local, or state officers – they find a common bond born out of a common mission. Regardless of whom they work for, each and every member of the law enforcement joins because they believe selfless and courageous individuals must serve to keep their communities safe. Out of this common bond, comes productive partnerships. I know it is possible to forge great working relationship between tribal and local law enforcement where there previously had been none.

The Cherokee Nation Marshals Service, for example, now has more than 60 cross deputation agreements with state and local law enforcement agencies in northeastern Oklahoma. And the Wyandotte Nation Tribal Police contracted with the small community of Wyandotte, Oklahoma to provide dispatch and law enforcement services to the non-Indian community. The Tulsa Police Department now cross-deputizes its officers with area tribes to ensure seamless policing if and when crimes implicate different jurisdictions. These are the epitome of collaborative law enforcement partnerships among tribal, state, and local law enforcement, and the result is more comprehensive and better resourced law enforcement services. Collaborative law enforcement models should be a common and model practice throughout Indian country.

Indian Country Jurisdictional and Federal Law Enforcement Framework

Obstacles facing law enforcement in Indian Country begin with the extremely complex jurisdictional framework. Tribes always retain criminal jurisdiction over Indians within their lands. In the majority of Indian country jurisdiction the Federal government also exercises criminal jurisdiction over serious felonies. In some states, such as Alaska and California, Public Law 83-280 transfers Federal Indian country criminal jurisdiction to the state. In addition, there are unique stand-alone statutes that provide for jurisdiction over Indian country by the state and federal governments. Many of my esteemed panelists speaking here today come from jurisdictions in which the state has criminal jurisdiction in Indian county, and they are better positioned to describe criminal jurisdiction in a PL 280 state. For the remainder of my testimony, I want to focus on the most common Indian Country  jurisdictional  scheme  that  involves  the  federal  government serving  as  the  primary  violent crime prosecutor.  The United States Attorney is the chief federal law enforcement officer in his or her district.    

The U.S. Attorneys’ Offices with Indian country in their districts play a primary role in the Justice Department’s interactions with tribes. U.S. Attorneys’ Offices often are the central point of contact when federal involvement on reservations is necessary, from investigations to prosecutions to providing services to victims. Every U.S Attorney’s Office in a district that includes Indian country or a federally-recognized tribe has at least one Tribal Liaison and some districts have more than one. Along with the requirement that each relevant office appoint a Tribal Liaison, the U.S. Attorneys are required to hold annual consultations with tribes in their districts. In order to assist the U.S. Attorney’s Offices and the NAIS, as well as to serve as a liaison to other department components, the Executive Office for U.S. Attorneys (EOUSA) formally established the position of Native American Issues Coordinator. The primary responsibility for the investigation of federal crimes committed in Indian Country in states not covered by PL 83-280 (for instance, South Dakota, North Dakota, and Arizona) lies with the Federal Bureau of Investigation (FBI) and the Department of Interior, Bureau of Indian Affairs, Office of Justice Services (BIA OJS). These agencies have investigative responsibility for most felony crimes committed on approximately 200 Indian reservations. Currently, there are approximately 140 FBI Special Agents and 142 BIA Agents working in Indian Country—about 1.4 agent per reservation. These agents often serve as one of a very small number of federal agents investigating crimes on multiple reservations that are commonly separated by great distances. This reality means that federal agents depend on tribal law enforcement to serve as first responders and assist in the investigation of crime occurring in Indian Country.

Need for Enhanced Law Enforcement Resources

Law Enforcement resources are scarce in Indian Country. This very real lack of resources has led to tragic outcomes and complications for victims seeking justice. These types of cases and situations are all too common in Indian Country. We must improve our federal efforts to meet the needs of officers handling these difficult cases. We must give them the resources necessary to investigate and prosecute criminals while also helping them give a voice to victims.

The most important need to address crime in Indian country is boots on the ground. Federal law enforcement agencies lack the agents necessary to address the needs of tribal communities. Their tribal law enforcement counterparts are also too few in number, especially when stacked against comparable non-Indian communities. Public safety in Indian Country would be significantly enhanced by having local law enforcement staffed at levels comparable to similarly situated communities off-reservation. The Indian Country staffing issues facing FBI and BIA-OJS lead to regular personnel changes, which negatively impact criminal investigations and prosecutions. BIA-OJS law enforcement and funds for tribal law enforcement are insufficient, and the problem is amplified by severe recruiting and retention challenges that, especially for BIA, leave their force well below the appropriated level. Communication challenges between the FBI, BIA-OJS, and tribal law enforcement can exacerbate these and other problems. Funding streams, employee screening, incentives, and other alternatives must be considered and administered effectively to enhance federal investigative and prosecutorial capacity in Indian Country.

Following President Trump’s example, the NAIS supports bold ideas, and we need bold ideas to meet the daunting needs of Indian country.  From day one of his Administration, President Trump has championed the improvement of resources, public health, and public safety in rural America, including Indian Country. He has demonstrated a willingness to make bold moves that correct historical inefficiencies or bureaucratic disorganization that frustrate the delivery of a core government service to the public. As such, the NAIS looked at the Department of Justice’s and Department of Interior Bureau of Indian Affairs’ public safety roles in Indian Country. While some of the ideas are still being formed, I would appreciate the opportunity to get your thoughts when we move to the Q and A portion of the panel.

Improvements to Training are Essential

Indian Country presents unique challenges for all law enforcement working with tribal communities. Federal law enforcement must investigate crimes in Indian Country, such as felony assaults, that few who work in the agency outside of Indian Country ever investigate. They must deal with the complex jurisdictional framework discussed above. They also need to understand the cultures of the particular tribes with whom they work before entering and working with tribal communities.

To address this problem, the FBI and BIA OJS developed a joint training course that is held in Artesia, New Mexico. This training is jointly taught by FBI and BIA “mentors” and includes instruction in forensic evidence collection and preparatory instruction on investigations common to Indian country, such as domestic violence, child abuse, violent crimes, and drug trafficking. This course is held several times each year. Although this is an excellent initiative, we still see difficulties in getting FBI agents new to Indian country into this training before they begin their service in Indian country. Often, these agents work in Indian Country for three years only to transfer to another office. Insufficient training and a shifting personnel assignments lead to a breakdown in tribal and federal relationships and can negatively impact investigation and prosecutions.

The problem is more acute among tribal officers. When it comes to training for tribal law enforcement, the need in Indian country is great and constant. There is very little room for specialization when it comes to working violent crime on reservations and personnel turnover is typically high. First responders have to be skilled at crime identification, rendering first aid, evidence collection, conducting trauma informed victim interviews, eliciting pertinent information from witnesses and interrogating the suspect. These skills must be employed in every type of crime from misdemeanor trespass to the most heinous of rapes and murders. Frequently, the first responder is the first and only law enforcement official at the scene doing his or her best to manage community members frequently gathered, to safeguard the integrity of the crime scene and to conduct a preliminary investigation. All of this is against the background of the complicated criminal jurisdictional matrix found in Indian country where multiple jurisdictions may have the legal authority to investigate and prosecute the same offense.

Training provides these first responders, and also prosecutors, advocates, court staff and medical workers, the essential tools needed to safely and competently do their jobs. Ever since the passage of the Tribal Law and Order Act, the Department has worked hard to improve the training available to Indian country officers and agents. The Department believes that ensuring access to quality training is a necessary element to bolstering tribal autonomy. In July 2010, EOUSA launched the National Indian Country Training Initiative (NICTI) to ensure that federal prosecutors and agents, as well as state and tribal criminal justice personnel, receive the training and support needed to address the particular challenges relevant to Indian country prosecutions. Importantly, the Department covers the costs of travel and lodging for tribal attendees at classes sponsored by the NICTI. This allows many tribal criminal justice officials to receive cutting-edge training from national experts at no cost to the student or tribe.

But that training requires resources. With the resources it has, the Department has trained tens of thousands of criminal justice and social service personnel working in Indian country, many of which traveled to the National Advocacy Center in Columbia, SC, for training. These students represent more than 300 different tribes, USAOs, and federal, state, and tribal organizations serving Indian country. But despite that success, the NICTI and other training efforts in Indian Country have never received adequate resources. With additional resources dedicated to training law enforcement in Indian country, we could reach even more criminal justice and social service professionals working in and with tribal communities. We could take more training out into the field, making it easier for busy AUSAs, federal law enforcement, and tribal personnel located west of the Mississippi to attend these critical trainings. Resources for Department sponsored training is one important area that this Commission should consider.

Better Data is Vital for Improved Resource Allocation

At the same time, we know that we must use the resources we have more efficiently. For that, we need data. We have taken steps in the right direction. For example, Department attorneys now tag cases as Indian country cases in our internal case management system. DOJ investigative and prosecution information is reported to Congress and the public each year. But despite these steps, problems persist. One of the biggest issues we face is that tribes are not required to provide all crime data to the federal government. Currently, tribes are only required to report information to BIA-OJS that is included in the FBI’s Uniform Crime Report, which does not include many crimes of interest, such as domestic violence violations. Without this data, it is very challenging to check whether the Department is using its resources efficiently while addressing tribal public safety needs in individual locations. In addition, the Department developed the Tribal Access Program, which gives Tribes access to national crime databases and provides the ability for Tribes to enter protection orders and to utilize other important functions in these systems. The Commission should consider ways to foster improvements in law enforcement data collection and sharing needed to enhance justice for Native American and Alaska Natives.

The issues of missing and murdered indigenous people exemplifies the need for additional data. President Trump signed Executive Order 13898 on November 26, 2019, forming the two-year Presidential Task Force on Missing and Murdered American Indians and Alaskan Natives, of which I am a member. The Task Force, also known as Operation Lady Justice, focuses on enhancing the operation of the criminal justice system and addressing the legitimate concerns of American Indian and Alaska Native communities regarding missing and murdered people. The work of the Task Force is concentrated on meeting with tribal leaders and communities, improving the response by law enforcement, communities and systems, reviewing research and data collection, and developing an outreach campaign. It has become very apparent to the Task Force that some data about missing indigenous persons is incomplete and not up to date, and needs to be better utilized to ensure that all missing indigenous persons are being looked for. It is extremely difficult to develop a cure for a problem when its scope is unknown. The United States must continue to lead by example to promote and protect the inherent rights of indigenous people. We must work with our tribal and state partners to combat violence against Native Americans and Alaskan Natives by collecting better data to address their specific needs.

Call to Action

I have only touched the surface of the many obstacles law enforcement must overcome in Indian Country. The Department has made great strides to enhance public safety in tribal communities, but we have a long way to go. We recognize that our goal of lasting public safety in Indian Country is largely dependent on our commitment to empowering tribal governments and partnering with them tocarry out tribal solutions for challenges facing their communities. Additionally, we must improve coordination and collaboration at the federal, tribal, and state levels. Thank you for your work on this Commission and your dedication to improving public safety in Indian country and rural communities. I have no doubt that the policies and solutions you develop will hold the Department to the highest standards and will place law enforcement in Indian country in a prime position to better protect the communities these brave men and women serve. Thank you again for the chance to provide testimony today and I look forward to our panel discussion.  I am happy to answer any questions.

Buffalo Woman Pleads Guilty To Cocaine Conspiracy

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Maylin Santiago, 23, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to distribute 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that beginning in November 2017 and continuing until April 2018, the defendant conspired with others to possess with the intent to distribute over 500 grams of cocaine. In January 2018, the Drug Enforcement Administration conducted a controlled purchase of cocaine from Santiago.

On at least two occasions in March 2018, the defendant conspired with others to obtain, or attempted to obtain, postal packages from Puerto Rico that contained kilograms of cocaine. Investigators seized over four kilograms of cocaine sent from Puerto Rico to be distributed in the Buffalo area.

Santiago was charged along with co-defendant Rosa Merced who was previously convicted and awaiting sentencing on June 3, 2020.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the New York State Police, under the direction of Major James Hall; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

Sentencing is scheduled for August 26, 2020, at 9:00 a.m. before Judge Skretny.

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Niagara Falls Man Pleads Guilty To Selling Cocaine While On Supervised Release

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Figueras, 35, of Niagara Falls, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to possess with intent to distribute, and distributing, 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $8,000,000.
 
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between February 2018 and February 2019, the defendant conspired with others to sell crack cocaine in the Niagara Falls area. During the course of the conspiracy, Figueras provided a co-conspirator with cocaine and crack cocaine and engaged in drug trafficking to generate income.
 
In February of 2019, Figueras was on federal supervised release and under the supervision of the United States Probation Office. On February 4, 2019, United States Probation conducting surveillance on a premise defendant controlled on 25th Street in the City of Niagara Falls. A short time later, probation officers observed the defendant checking the mail outside the residence. When they approached Figueras, he immediately ran inside the residence and refused to answer the door. All the residence’s windows were boarded and investigators were unable to see inside the residence.
 
A few hours later, investigators conducted a search of the residence and recovered a white powdery substance around the toilet seat; several plastic baggies containing white residue; packaging materials; a digital scale; several cell phones; and $4,109 in US currency. Mail in the name of Joshua Figueras was also found inside the residence. No one appeared to be living in the residence and defendant was using it as a stash house. Investigators believe the residue around the toilet seat was indicative of the defendant flushing contraband. Testing determined that the substance was cocaine.
 
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the U.S. Probation Department, under the director of Chief Probation Officer Anthony SanGiacomo; and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
 
Sentencing is scheduled for August 26, 2020, at 1:00 p.m. before Judge Skretny.  

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Statesville Man Is Sentenced To Prison For Cyberstalking

CHARLOTTE, N.C. – Late yesterday, U.S. District Judge Kenneth D. Bell sentenced Charles Timothy Browne, 57, of Statesville, N.C., to 43 months in prison and three years of supervised release, for cyberstalking a woman residing in Maryland, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.

John A Strong, Special Agent in Charge of the FBI in North Carolina, joins U.S. Attorney Murray in making today’s announcement.

According to information in filed court documents and the sentencing hearing, in December 2017, and January 2018, Browne sent a Maryland woman approximately 731 harassing and intimidating texts including, “I like my new gun,” “Now your gonna feel some pain,” and “Lock your door.” Court records show that Browne also texted a mutual friend that he was going to shoot the woman in the face.  Browne’s repeated texting caused the Maryland woman substantial emotional distress and to fear that he would kill or seriously injure her. 

On February 3, 3030, Browne pleaded guilty to cyberstalking. At yesterday’s sentencing hearing, Judge Bell enhanced Browne’s sentence because, at the time he sent the harassing and intimidating texts to the Maryland woman, a judge-issued protective order was in effect that prohibited him from abusing, threatening to abuse, harassing and/or contacting her.  Between 2004 and 2017, Browne had been subject to six protective orders.

In making today’s announcement, U.S. Attorney Murray commended the FBI for their investigation of this case.

Assistant United States Attorney Kimlani M. Ford, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.


United States Attorney’s Office Indicts 14 Cases And 21 Defendants

SAN JUAN, Puerto Rico – Last week, two federal grand juries in the District of Puerto Rico returned 14 indictments charging 21 defendants during the first week that the United States District Court in Puerto Rico reconvened grand jury proceedings after implementation of health and safety precautions related to the COVID-19 pandemic, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The indictments include charges of firearms violations, drug trafficking, sexual exploitation of minors, cash smuggling, assault on a federal employee, and illegal reentry. The Federal Bureau of Investigation; the Drug Enforcement Administration; Immigration and Customs Enforcement, Homeland Security Investigations; U.S. Customs and Border Protection Caribbean Air and Marine Operations; and the Puerto Rico Police Bureau were in charge of the different investigations.

“I would like to commend those who enabled our office to present cases to these federal grand jury panels, including United States District Court Chief Judge Gustavo A. Gelpí, Clerk of Court María Antongiorgi-Jordan, and their personnel, who implemented health and safety measures to allow these grand juries to meet,” said U.S. Attorney Muldrow. “The federal grand jury, composed of dedicated citizens willing to serve, is a bedrock of our federal criminal justice system and a Constitutionally-protected right for all members of society. These indictments demonstrate the resolve of our office and our federal and local law enforcement partners to continue our public safety mission, notwithstanding the current COVID-19 pandemic.”

The following defendants were indicted:

  1. Sean Díaz De León and Juan Carlos Pagán Bonilla were charged with aiding and abetting each other, using a firearm during a carjacking, and causing the deaths of two transgender women.
  2. Jimmy Andrés Díaz Rosa and Reinaldo Rodríguez Colón were charged with attempted online enticement of a minor to engage in illegal sexual activity.
  3. Andrés Martínez was charged with conspiracy and possession with intent to distribute controlled substances.
  4. Enrique José Félix Velázquez, Juan Manuel Cruz Hernández, Benjamín Pérez Encarnación, and Brian Cruz-Rodríguez were charged with conspiracy to smuggle more than $100,000 in currency on board of a vessel; and conspiracy to jettison property from a vessel. The defendants are facing a forfeiture allegation of approximately 1.3 million dollars.
  5. Jonathan Ortiz-Castrodad was charged with illegal possession of a machinegun.
  6. Ángel L. López-Estevez, a convicted felon, was charged with illegal possession of a firearm by a prohibited person.
  7. Wilfredo Fontanez-Reyes was charged with assault on a federal officer. Fontanez-Reyes punched and caused bodily injuries to a postal service employee at the United States Post Office in Comerío, Puerto Rico, while the employee was engaged in his official duties.
  8. Juan Carlos Fuentes Pérez was charged with possession of a machinegun in furtherance of a drug-trafficking crime, possession with intent to distribute controlled substances, and possession of a firearm and ammunition after having been convicted of a felony offense. 
  9. Cristopher Lee Villanueva Díaz was charged with possession of a firearm in furtherance of a drug-trafficking crime, and possession with intent to distribute controlled substances.
  10. Fernando Miguel Velázquez-Pérez was charged with attempted coercion and enticement of a minor. He attempted to engage in sexual activity with someone he believed to be a 13 year-old minor.
  11. Harold Bryan Declet-Rivera was charged with attempted coercion and enticement of a minor. He attempted to engage in sexual activity with someone he believed to be a 13 year-old minor. He was also charged with possession of child pornography.
  12. Juan Sánchez, an illegal alien, was charged with reentry after having been previously removed from the United States in June 2001.
  13. Ian Carlos De Jesús-Martir was charged with possession with intent to distribute a controlled substance, Oxycodone pills; and importation of a controlled substance.
  14. Francisco Rosario-Escolástico, Jesús Manuel Quiñones-Otero, and Gregory Polanco were charged with conspiracy to possess with intent to distribute a controlled substance, attempted possession with intent to distribute a controlled substance, and obstruction of justice. The defendants are facing a forfeiture allegation of $143,047 in cash, and a Mini-Cooper vehicle.

Assistant U.S. Attorneys José A. Contreras, Ginette Milanes, Marie C. Amy, Jeanette Collazo, Linet Suárez, Juan C. Reyes, John Hutchins, and Desirée Laborde-Sanfiorenzo of the District of Puerto Rico are in charge of the prosecution of the cases. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty beyond a reasonable doubt.

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Convicted Felon Charged With Federal Firearm And Ammunition Offense

Ocala, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Curtis Duncan (30, Ocala) with possessing a firearm and ammunition as a convicted felon. If convicted, Duncan faces a maximum penalty of 10 years in federal prison. The indictment also notifies Duncan that the United States intends to forfeit the firearm and ammunition.

According to the indictment, on March 30, 2020, Duncan was in possession of a firearm and ammunition. With two prior state convictions for armed home invasion robbery and a principal to armed home invasion robbery, Duncan was prohibited from possessing firearms or ammunition under federal law.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

 This case was investigated by the Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Tyrie Boyer.

Three men indicted in the Northern District on charges of child pornography

The U.S. Attorney’s Office for the Northern District of Ohio announced today that a federal grand jury indicted three men in the Northern District this week on child pornography charges. These are separate cases and are not related.

Matthew Barlow, age 38, of Akron was indicted on two counts of transportation of visual depictions of minors engaged in sexually explicit conduct, one count of sexual exploitation of children, and one count of possession of child pornography. According to the criminal complaint filed in this case, from February 2016 through April 2020, Barlow used an email account to receive and possess approximately 1,483 images of child pornography, which contained visual depictions of real minors engaged in sexually explicit conduct. Furthermore, the affidavit states that some of the images may have depicted a minor that had previously lived with Barlow. Barlow is a registered sex offender in the State of Ohio.

The case was investigated by SA Benjamin Shaw, Homeland Security Investigations (HSI), Cleveland Office.  This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. 

Andrew Allen Meek, age 48, of Leetonia was charged on a two-count indictment with receipt and distribution of visual depictions of minors engaged in sexually explicit conduct, and possession of child pornography. According to the complaint filed in the matter, on February 25, 2020, federal agents executed a search warrant at the defendant’s address in Leetonia and seized various digital items. During an investigation of these items, numerous depictions of child pornography were discovered.

The case was investigated by the Youngstown office of the Federal Bureau of Investigation, the Ohio Bureau of Criminal Investigation, and the Mahoning Valley Violent Crimes Task Force. This case is being prosecuted by Assistant U.S. Attorney Michael A. Sullivan.

David M. Schade, age 33, of Cleveland was charged on a three-count indictment with sexual exploitation of a minor, receiving visual depictions of a minor engaged in sexually explicit conduct, and possession of child pornography.

According to the criminal complaint filed in the matter, from March through April 2020, the defendant used the social media platform Snapchat to coerce a minor into engaging in sexually explicit conduct for the purpose of producing and transmitting child pornography.  During a federal search warrant of the defendant’s residence, investigators discovered numerous devices containing images of child pornography.

The case was investigated by Investigator David Frattare of the Ohio Internet Crimes Against Children Task Force and the Department of Homeland Investigations, Cleveland Office. This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. 

An indictment is only a charge and is not evidence of guilt.  Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.

 

Southern Shores Man Pleads Guilty to Cocaine Distribution

RALEIGH, N.C. – A Southern Shores, NC man pleaded guilty today to conspiracy to distribute five (5) kilograms of cocaine.

According to court documents, Herndon Hunt Outlaw Riddle, III, 40, conspired with his codefendant Adolphus McClain to distribute five (5) kilograms of cocaine.  McClain previously pled guilty to the charge and is awaiting sentencing.

Riddle pleaded guilty to Conspiracy to Distribute five (5) kilograms or more of Cocaine and faces not less than ten years and up to life imprisonment when he is sentenced during the court’s September 8, 2020 term.

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina, made the announcement after U.S. Magistrate Judge James E. Gates accepted the plea. The Federal Bureau of Investigation (FBI), the Internal Revenue Service Criminal Investigations (IRS-CI), the United States Marshals Service (USMS), the North Carolina Department of Insurance, the Dare County Sheriff’s Office, the Kitty Hawk Police Department, and the Hialeah, Florida Police Department assisted in this investigation.  Assistant U.S. Attorney Ethan Ontjes is prosecuting the case.

A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 2:19-cr-00016-D-1.

St. Joseph Woman Charged With Wire Fraud In Scam Targetting A Kalamazoo Manufacturing Business

Kris Fratzke Bilked Her Employer, Flare Fittings, of $540,000 in a Phony Billing Scheme

          GRAND RAPIDS, MICHIGAN— The U.S. Attorney filed felony charges today against a St. Joseph, Michigan woman for defrauding her employer of $540,000 in a phony billing scheme. Kris Marie Fratzke, 53, was the chief financial officer of Flare Fittings, a manufacturing company located in Kalamazoo.

          The Felony Information filed today in U.S. District Court contains two charges: wire fraud and filing a false tax return. The wire fraud charge states that, between 2013 and 2019, Fratzke created a shell company she called Mid America Fittings, because that would appear to be a real supplier of materials to Flare Fittings, a pipe manufacturing company. She then created phony invoices for the shell company and paid them using her authority over the finances of the company. In this manner, she issued 235 checks, totaling over $540,000, to her shell company and then deposited that money into her personal account and used the funds for personal expenses. The tax charge relates that Fratzke did not declare this income to the Internal Revenue Service.

          The federal wire fraud statute carries a maximum possible sentence of twenty years in prison, a fine of twice the fraud proceeds, a restitution order and other sanctions. Filing a false tax return carries a maximum possible penalty of three years in prison, a $250,000 fine and other penalties.

          Agents of the Department of Homeland Security, Immigration and Customs Enforcement and the Internal Revenue Service, Criminal Investigation Division investigated this case. Timothy VerHey, Assistant United States Attorney, is handling the prosecution.

          No court date has yet been set for Fratzke to appear in court. The charges in a Felony Information are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.

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