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Philadelphia Man Sentenced to 14+ Years for Shooting and Attempted Armed Robbery of West Philadelphia Convenience Store

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PHILADELPHIA – United States Attorney William M. McSwain announced that Jovaun Patterson, 31, of Philadelphia, PA was sentenced to 171 months in prison (14 years and three months) and 5 years of supervised release by United States District Judge Mitchell S. Goldberg for the attempted robbery of a convenience store in West Philadelphia in 2018.

In December 2019, Patterson pleaded guilty to charges of attempted Hobbs Act robbery, and using, carrying and discharging a firearm during and in relation to a crime of violence. These charges stem from the defendant’s attempted armed robbery on May 5, 2018, of the KCJ, Inc. convenience store, during which Patterson shot the store owner, Li “Mike “ Poeng, with an assault rifle. Mr. Poeng is a refugee from Cambodia who became a U.S. citizen in 1998. As a result of the shooting, Mr. Poeng is confined to a wheelchair. The Philadelphia District Attorney’s Office originally charged Patterson with multiple crimes, including attempted murder and aggravated assault, but then dropped the attempted murder charges and agreed to an overly lenient plea deal of only 3 ½ to 10 years imprisonment. The U.S. Attorney’s Office then stepped in to correct this injustice. 

“Violent crime is a severe problem in Philadelphia, as shootings and homicides have sharply increased in 2020 from already intolerable levels. Confronting this crime wave is a top priority of my Office,” said U.S. Attorney McSwain. “It is important for potential criminals to know that committing a violent crime will result in grave consequences. It is also important for the general public to know that we are fighting hard to protect Philadelphia neighborhoods and to seek justice for victims. Taking Jovaun Patterson off the streets for an appropriate amount of time is part of that fight. I want to thank Mike Poeng for his courage throughout this case. Sadly, we can never make him completely whole, but today’s sentence is part of his healing process and will also help to deter future violence.”

“Today an extremely violent offender has been sentenced to a lengthy prison term,” said John Schmidt, acting Special Agent in Charge of ATF’s Philadelphia Field Division.  “The outcome is the result of ATF’s collaborative effort with the Philadelphia Police Department to combat gun violence.  Along with our other local, state and federal partners, we are committed to investigating gun crimes in Philadelphia and working with the US Attorney’s Office to prosecute those who violate the gun laws.”

Committing a violent crime in the Eastern District of Pennsylvania carries a tremendous risk of a long prison sentence, which is the message of the Office’s new anti-violence public awareness campaign. You can learn more about this campaign on the District website.

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

The case was investigated by The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Salvatore L. Astolfi.


Mobile Meth Manufacturer Receives 119 Months in Federal Prison

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NEW BERN, N.C. – A Wilmington man was sentenced yesterday to 119 months in prison for conspiracy to manufacture, distribute and possess with the intent to distribute 50 grams or more of methamphetamine, possession with intent to distribute more than 50 grams of methamphetamine and possession of pseudoephedrine with the intent to manufacture methamphetamine.

According to court documents and evidence presented in court, Robert Cox, 29, engaged in the manufacturing and distribution of methamphetamine in Raleigh and then Wilmington, North Carolina.  On February 12, 2018, an officer with the Raleigh Police Department observed Cox’s car parked in an AutoZone parking lot after the business was closed.  The officer made contact with Cox and a passenger and observed drug paraphernalia.  Following a search of the car, members of the North Carolina State Bureau of Investigation’s Clandestine Lab Unit found items that they determined were used for the manufacturing of methamphetamine and more than 300 grams of methamphetamine. Cox was arrested on State charges and subsequently posted a bond.   In late May 2018, New Hanover County Sheriff’s Office Narcotic Detectives received information that Cox was now manufacturing methamphetamine in Wilmington. On June 19, 2018, detectives obtained a search warrant for Cox’s residence and car in Wilmington.  Cox was stopped at a DMV parking lot in Wilmington.  The car contained items involved in the manufacturing of methamphetamine including 158 grams of pseudoephedrine.  A search of his residence uncovered additional items used to manufacture methamphetamine.

The investigation was part of OCDETF Operation Speed Bump. An Organized Crime Drug Enforcement Task Force (OCDETF) 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.  This OCDETF focused on the manufacturing and distribution of methamphetamine into Eastern North Carolina.

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan.  The Drug Enforcement Administration (DEA) and North Carolina State Bureau of Investigations led the investigation, with assistance from the New Hanover County Sheriff’s Office and the Raleigh Police Department.   Assistant U.S. Attorney Timothy Severo  prosecuted the case.

Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:20-CR-00005-M.

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

 

Jamestown Man Going To Prison For 6 1/2 Years For His Role In A Drug Trafficking Ring

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Bryan Ferrer-Vazquez, 27, of Jamestown, NY, who was convicted of conspiracy to distribute one kilogram or more of heroin, was sentenced to serve 78 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Laura A. Higgins and Jeremiah E. Lenihan, who handled the case, stated that beginning in early 2016, Ferrer-Vazquez distributed heroin and cocaine for a drug trafficking organization led by co-defendant Sigfredo Martinez. The defendant was responsible for the “day shift” transactions, while another co-defendant, Alex Mercado, was responsible for “night shift” transactions. Ferrer-Vazquez would receive a couple hundred bundles of heroin from Martinez every few days and was tasked with distributing it to users and lower-level dealers. The defendant then turned over the proceeds to Martinez and took payment for his role in the distribution.

During the course of the investigation, the Drug Enforcement Administration conducted three controlled purchases of heroin and cocaine from Ferrer-Vazquez, who was arrested on April 6, 2017, at his Buffalo Street residence. A federal search warrant was executed at the residence and investigators recovered 19 cellphones, a quantity of suspected cocaine hidden in lunchboxes in the rafters of the basement, a quantity of suspected heroin, $2,994 in cash, three ledger notebooks, and a scale. A loaded.380 caliber semi-automatic handgun was found wrapped in rags and a plastic shopping bag locked inside a cabinet in the detached garage.

Alex Mercado and Sigfredo Martinez were both previously convicted and sentenced to serve 120 months and 175 months in prison respectively.

The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Chautauqua County Sheriff’s Department, under the direction of Sheriff James B. Quattrone; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the Town of Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.; the New York State Police, under the direction of Major James Hall; and the Dunkirk Police Department, under the direction of Chief David Ortolano.

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Ventura Man and Former Music Teacher Pleads Guilty to Federal Criminal Charge of Production of Child Pornography

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          LOS ANGELES– A former music teacher who contracted with a number of school districts in Southern California pleaded guilty today to a federal child pornography charge.

          John Edward Zeretzke, 61, of Ventura, pleaded guilty to one count of production of child pornography.

          He previously pleaded guilty in Orange County Superior Court to six state counts of committing lewd or lascivious acts with minors under the age of 14 years old.

          According to his plea agreement in the federal case, from December 2016 to February 2017, Zeretzke used a computer and the internet to communicate with a female minor and coerced her into producing child pornography. The victim did not live in California at the time.

          United States District Judge Fernando M. Olguin has scheduled a December 3 sentencing hearing, at which time Zeretzke will face a mandatory minimum sentence of 15 years in federal prison and a statutory maximum sentence of 30 years in federal prison. Zeretzke has been sentenced to 18 years in state prison and federal prosecutors are recommending an 18-year federal prison sentence that will run concurrently with his state prison sentence.

          This case is a part of Project Safe Childhood, the Justice Department’s ongoing initiative to combat the plague of child exploitation crimes.

          This matter was investigated by the United States Postal Inspection Service and the Los Angeles County Sheriff’s Department, Special Victims Bureau.

          This case is being prosecuted by Assistant United States Attorney Justin R. Rhoades.

Former Meridian Police Officer Charged Federally with Extortion

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Jackson, Miss. – A former member of the City of Meridian Police Department has been charged in a federal indictment with extortion under color of official right, announced United States Attorney Mike Hurst and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi.

The indictment returned by a federal grand jury on July 28, 2019, and unsealed today, charges former Meridian Police Officer Royric “Roy” Benamon, 27, with two counts of extortion under color of official right, in violation of 18 U.S.C. § 1951(a).

“Fighting public corruption is a top priority of this office, as our society is undermined when those in positions of power become corrupted and abuse the public trust for personal gain.  We will continue to root out corrupt officials who endanger our communities and tarnish the reputation of our law enforcement who serve and protect us so honorably,” said U.S. Attorney Hurst.

According to the indictment, in April 2020, then-Officer Benamon on two separate occasions pulled over drivers in the middle of the night in Lauderdale County, and received from each of them cash payment in exchange for not issuing the driver a ticket.  Benamon resigned from the Meridian Police Department immediately following public disclosure of the alleged incidents.

FBI Agents and Task Force Officers arrested Benamon on Wednesday without incident. Benamon appeared for arraignment today before United States Magistrate Judge Linda Anderson in Jackson.  The Court released Benamon on bond, subject to conditions including that he refrain from violations of state or federal law while awaiting trial. 

Trial has been set for October 5, 2020 before Chief U.S. District Judge Daniel P. Jordan, III in Jackson.

If convicted Benamon faces maximum penalties of 20 years in prison for each count charged for extortion under color of official right.  Each count also can merit a fine of up to $250,000.   

U.S. Attorney Hurst commended the work of the Special Agents with the FBI’s Jackson Division who investigated the case with assistance from the Mississippi Attorney General’s office.  The case is being prosecuted by Assistant United States Attorney Theodore Cooperstein.

The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt.  Every defendant is presumed innocent until proven guilty in a court of law.

 

Ohio Man Sentenced For Gun Trafficking

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Diones Bowens, 24, of Ashtabula, Ohio, who was convicted of conspiracy to transfer firearms purchased outside of state of residency, was sentenced to serve two years supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Charles J. Volkert, Jr. and Joshua A. Violanti, who handled the case, stated that between November 2017 and May 11, 2018, the defendant, without being a licensed firearm importer, manufacturer, dealer, or collector, conspired with Robert L. Williams, Jr., to transport firearms into New York State from the State of Ohio. Bowens conducted straw purchases of firearms in Ohio in his own name, while knowing that the firearms were actually paid, and intended, for Williams, who lived in New York.

Robert Williams was previously convicted and is awaiting sentencing. 

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, New York Field Division, under the direction of Special Agent-in-Charge John B. Devito, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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Former Union Officer and Daughter Charged with Embezzlement

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NEWARK, N.J. – The former secretary treasurer of a Jersey City Medical Center union and her daughter made their initial appearances today on charges they embezzled $40,455 from the union’s checking and savings accounts, U.S. Attorney Craig Carpenito announced.

Linda Rogers, 71, and her daughter, Jennifer Rogers, 38, both of Jersey City, were indicted by a federal grand jury with one count each of conspiracy to embezzle and embezzlement. They allegedly embezzled $40,500 from Local 2254 of the American Federal State County and Municipal Amalgamated Transit Workers Union (AFSCME). The defendants made their initial appearances today by videoconference before U.S. Magistrate Judge Joseph A. Dickson and were released on bond. They will be arraigned Aug. 19, 2020, by videoconference before U.S. District Judge Stanley R. Chesler.

According to the indictment :

Linda Rogers was formerly employed at the Jersey City Medical Center as a medical clerk; she also held a part-time position at Local 2254 as its secretary treasurer. She had sole control over the union’s checkbook and savings account. From July 2016 through August 2017, she and her daughter, also a former employee at the hospital, deposited 112 unauthorized checks from the Local 2254’s checkbook to their joint checking and savings accounts, totaling $35,267.  From October 2016 through December 2016, Linda Rogers made six telephonic wire transfers from the Local 2254’s savings account, totaling $5,188, into her personal credit card account. None of the expenditures were authorized or for legitimate union purposes. The total loss to AFSCME Local 2254 was $40,455.

The counts of conspiracy to embezzle and embezzlement each carry a maximum penalty of five years in prison and a $250,000 fine.

U.S. Attorney Carpenito credited the investigators of the U.S. Department of Labor, Office of Labor Management Standards, under the direction of Adriana Vamvakas, Regional Director; and special agents of the Department of Labor (OIG), New York Region, under the direction of Special Agent in Charge Michael Mikulka, with the investigation leading to the charges.

The government is represented by Senior Litigation Counsel V. Grady O’Malley of the U.S. Attorney’s Office’s Organized Crime/Gangs Unit.

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

United States Attorney McSwain Delivers Remarks on the Escalating Public Safety Crisis in Philadelphia

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PHILADELPHIA – United States Attorney William M. McSwain convened a press conference today outside the Byrne United States Courthouse after the sentencing hearing for Jovaun Patterson, the man convicted of shooting a Philadelphia shop owner with a military-style assault rifle during an attempted robbery.  During his remarks, U.S. Attorney McSwain addressed the escalating violent crime crisis in Philadelphia, the anti-law enforcement bias pushed by certain groups, and the devastating impact that both continue to have on minority communities in the City. 

Remarks as Prepared for Delivery

Jovaun Patterson has been sentenced to over 14 years in federal prison for shooting and attempting to rob Philadelphia shop owner, Mike Poeng.  Mr. Patterson has been held accountable for his violent criminal behavior and will now serve an appropriate sentence.  This was only possible because the U.S. Attorney’s Office stepped in and charged Mr. Patterson after the local authorities had bent over backwards to give him a break, negotiating an overly lenient sentence that sent a message that violent crime has little consequences.

That sad state of affairs – where the mishandling of Mr. Patterson’s original case necessitated federal involvement – is symbolic of a larger catastrophe that is playing out before our eyes in Philadelphia.  Homicides, shootings, and serious violent crime have all skyrocketed in 2020 – from already intolerable levels that existed in 2019 and 2018.  Almost all the victims are racial minorities, the vast majority of whom are Black.  This past weekend alone, at least 25 people were shot.  So far this year, over 100 children have been shot, a 68% increase as compared to last year.  Again, almost all of these child victims are racial minorities, the vast majority of whom are Black.  And we all know about Zamar Jones, the 7 year-old boy who was murdered earlier this month while playing on his front porch in West Philadelphia.

This is . . . infuriating.  There is nothing more important than the safety of children.  But where is the sense of outrage, where is the anger, where is the sense of urgency among City leaders?  This slaughter in our streets has largely been met with indifference, a sense of inevitability, even a shrug of the shoulders.  Or as the District Attorney frequently puts it: “poverty equals bullets.”

“Poverty equals bullets.”  That condescending statement is a slap in the face to every law-abiding, low-income resident in the City.  There are scores of low-income people in the City who respect the law, never shoot anybody, love their neighbors, and work hard to improve their neighborhood.  Poverty is never an excuse for violent crime, and certainly not for murder.  There is no possible justification for walking up to somebody and shooting them.  Furthermore, poverty isn’t going away overnight.  As law enforcement leaders, we can’t put the violence problem at the doorstep of poverty and just leave it there.  That is the equivalent of abandoning the people we are sworn to protect and serve.

Instead, we must do something.  At the U.S. Attorney’s Office, we have and we are – unlike the District Attorney’s Office.  With our anti-violence public messaging campaign that we launched last month, the law-abiding citizens of Philadelphia know where the U.S. Attorney’s Office stands – with them and with our law enforcement partners.  The campaign also puts potential criminals on notice that if they commit a crime with a gun and we have federal jurisdiction, we will prosecute them to the fullest extent of the law.  We will come after them with everything that we have.  We are spreading that message of deterrence through billboards, bus shelter advertisements, posters, the Internet, social media, videos, radio, and TV.  It’s a message that is sorely needed in the City, and one that I believe will make neighborhoods safer and save lives.

And this is not just messaging.  It is backed up by federal resources and results.  The U.S. Attorney’s Office prosecuted 53% more violent crime cases in the Eastern District of Pennsylvania this past fiscal year than we prosecuted the year before.  In Philadelphia’s most dangerous neighborhoods – what are designated as Project Safe Neighborhood (or PSN) target districts – we charged 72% more violent crime and weapons cases than the year before.  And, where necessary, we have provided federal oversight in cases like today’s Patterson sentencing.  Still, we know that in order to meet today’s challenges, we must do even more.  

But the federal authorities cannot do it alone.  We need City leaders to speak with one voice in condemning violence – not making excuses for it and not treating violent defendants like they are somehow the victims in all of this.  And most importantly, the rhetoric should be backed up by aggressive local prosecution that holds criminals accountable and therefore makes neighborhoods safer.         

City leaders also should speak with one voice in rejecting the extreme anti-law enforcement bias that is currently being peddled by certain irresponsible fringe groups.  This bias – especially if it is not forcefully condemned by City leaders – puts the police on their heels and puts violent criminals on their toes, ready to stride forward confidently.  One year ago, I stood in this spot and decried the culture of disrespect for law enforcement in the City – a culture that celebrated chants like “F*** the police” and “No good cops in a racist system.”  Today, the bile and vitriol coming from some elements of the mob makes those chants sound quaint by comparison.   

The vast majority of Philadelphia police officers do their jobs faithfully and honorably – and by putting on the uniform and doing the dangerous work inherent in their mission, they show that they value the lives of others more than they value their own.  They, like all responsible citizens, abhor police brutality and are in favor of accountability for police.  We can and should work towards better relations between the police and the community without indulging infantile notions that the police as a whole make communities more dangerous.  Obviously, they do just the opposite.  So to those of you out there who say that we should “abolish the police,” or “defund the police,” or “abolish prisons,” or one of my favorites, that “communities should be left to police themselves,” I have a message for you: your ideas are absurd and deserve nothing but scorn.  Moreover, those ideas would cause great harm to the most vulnerable members of our society.  Victims of violent crime, like Mike Poeng, are the ones who suffer the consequences of these foolish notions.  As is often the case, the policies demanded by the self-righteous mob would come at the expense of minority communities.   

Everybody in our City deserves to live in a safe neighborhood – regardless of race or income level.  It is time for City leaders to step forward and do everything that they can to make that a reality.  We won’t get there by treating violent criminals like they are victims, or by undermining law enforcement, or by grasping for excuses – like conveniently blaming the pandemic.  It’s true that the virus isn’t making things any easier, but violence is contagious, too.  It can easily spread across a City or even beyond.  We must confront it and stop it and put the good people of this City first.  Thank you.      


Randolph Man Charged With Production Of Child Pornography

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Alexander Carnahan, 27, of Randolph, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine. 

Assistant U.S. Attorneys Charles M. Kruly and Elizabeth R. Moellering, who are handling the case, stated that according to the complaint, on June 9th, 2020, the Jamestown Police Department responded to a residence for a report of alleged child sexual abuse involving an 11 year-old (Victim). The Victim’s mother advised officers that another one of her children gave her a cell phone belonging to the defendant, who was staying with the family, and told her that there were nude images of the Victim on the phone. The Victim’s mother searched the phone and found what she believed to be nude images of the Victim. The mother then kicked Carnahan out of the family residence.

On June 16, Jamestown Police Officers executed a state search warrant on the defendant’s phone but did not locate any images or videos depicting child pornography. On June 17, 2020, a federal search warrant was executed on the defendant’s Google account. Investigators recovered several images and videos that appeared to match descriptions provided by the Victim’s mother. The investigation determined that the defendant transferred the images and videos from his phone to his Google account. Investigators also recovered child pornography images that Carnahan did not produce himself.

On August 13, 2020, a search warrant was executed at the defendant’s current residence in Randolph. A second warrant authorized photographs of Carnahan’s hands to determine whether his hands matched a hand seen in the images of child pornography recovered by investigators.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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OAK CREEK MAN WHO VANDALIZED RACINE SYNAGOGUE PLEADS GUILTY

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United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced that on August 12, 2020, Yousef O. Barasneh (age: 22) of Oak Creek, Wisconsin, pleaded guilty to conspiring to violate citizens’ rights to use property free from threats and intimidation, in violation of 18 U.S.C. § 241.

According to court documents, Barasneh was a member of a neo-Nazi, white supremacist group called “The Base.” From September 13, 2019, through September 21, 2019, Barasneh participated in online group chats with other Base members in which they agreed to threaten and intimidate African Americans and Jewish Americans, who they viewed as enemies of the white race. Following this agreement, on the evening of September 21, 2019, Barasneh went to the Beth Israel Sinai Congregation in Racine and spray-painted anti-Semitic words and phrases, as well as a swastika and the symbol for “The Base,” on various parts of the synagogue building.

“Violence and intimidation motivated by white supremacist ideology are abhorrent and have no place in this country. The Justice Department is commitment to prosecution such civil rights violations aggressively,” stated United States Attorney Krueger.

Chief United States District Judge Pamela Pepper set a sentencing hearing for November 23, 2020. At sentencing, Barasneh faces up to ten years in prison and up to a $250,000 fine.

This case was investigated by the Federal Bureau of Investigation and the Eastern District of Wisconsin’s Joint Terrorism Task Force. The case is being prosecuted by Assistant United States Attorneys Benjamin Proctor and Adam Ptashkin.

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

                                                                     

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For further information contact: Public Information Officer Kenneth Gales                        

(414) 297-1700

 

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Three Drug Traffickers Sentenced to Prison following Greater Pittsburgh Safe Streets Task Force Investigation

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PITTSBURGH, PA – Three former residents of the Pittsburgh area have been sentenced in federal court this week on their convictions of narcotics trafficking, United States Attorney Scott W. Brady announced today.

Senior United States District Judge Arthur J. Schwab imposed the sentence on Michael Rose, 28, formerly of Pittsburgh, PA, Kreg Williams, formerly of Duquesne, PA, and Marvin Porter, 49, formerly of Allison Park, PA.

Rose was sentenced to 102 months’ imprisonment followed by four years of supervised release. Williams was sentenced to 63 months’ imprisonment followed by four years of supervised release. Porter was sentenced to 60 months’ imprisonment followed by four years of supervised release.

According to information presented to the Court, the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock section of Pittsburgh. Rose, Williams and other individuals were identified as members or associates of a neighborhood based street gang, self-titled "SCO", which illegally distributed controlled substances in the Greater Pittsburgh region. In January of 2019, investigators obtained authorization to conduct a federal wire investigation, which continued through May of 2019. Rose, Williams, and Porter, along with 30 others were indicted in June of 2019 by a federal grand jury in three separate, but related, Indictments.

As to Rose, the Court was informed that intercepted communications confirmed that Rose was conspiring with others to distribute controlled substances in Western Pennsylvania. On April 15, 2019, Rose was apprehended by law enforcement while conducting a drug transaction in the parking lot of the Monroeville Mall. After arresting Rose and seizing a firearm, which Rose was not permitted to possess, as well as heroin, cocaine and cocaine base, all packaged for resale from the vehicle, Rose broke free from law enforcement and ran into the Monroeville Mall while in handcuffs. Rose was sentenced for distributing 198.4 grams of heroin, 28 grams of cocaine, and 154 grams of cocaine base, commonly known as crack.

As to Williams, the Court was informed that intercepted communications confirmed that Williams, a member of the street gang, "SCO", was conspiring with others to possess with intent to distribute and distribute controlled substances, namely, 28 grams or more of cocaine base, commonly known as crack, a Schedule II controlled substance, between August 2018 and May 2019. Additionally, on June 12, 2019, Williams possessed three firearms, including an assault rifle and two pistols, all of which were forfeited to the government.

As to Porter, the Court was informed that in April of 2019, while intercepting communications over telephones used by Howard McFadden, SCO’s leader, law enforcement identified Chadlin Leavy as a source of supply for heroin and cocaine. I n April of 2019, investigators obtained authorization for the interception of wire and electronic communications over a telephone operated by Chadlin Leavy. Intercepted communications confirmed that Mr. Porter, who is not associated with SCO, was conspiring with others to possess with intent to distribute heroin. On June 12, 2019, law enforcement seized a suitcase containing 612 bricks and one bundle of heroin, six firearms as well as related magazines and ammunition, jewelry, and a digital scale from Mr. Porter’s residence.

Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.

United States Attorney Brady commended the multi-agency team, which was led by the Federal Bureau of Investigation, for the investigation leading to the successful prosecution of Porter, Rose and Williams. Partners in this investigation included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies included the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.

This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.

South Charleston Man Pleads Guilty to Drug Crime

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CHARLESTON, W.Va. – A South Charleston man pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Eric Wiseman, 39, pled guilty to attempting to possess with intent to distribute marijuana.

“Arranging for the delivery of marijuana and the sale of marijuana amounts to drug trafficking,” said United States Attorney Mike Stuart. “U.S. Attorneys don’t make the laws. I don’t make the laws, I enforce the laws - all laws. Marijuana is illegal under federal law and my office prosecutes all federal crimes, including those involving marijuana.”

Wiseman admitted that on November 7, 2019, he attempted to possess approximately 6.1 kg of marijuana and had arranged for the delivery of this marijuana to his residence in South Charleston. Wiseman further admitted he had intended to distribute this marijuana for sale. Officers with the Metropolitan Drug Enforcement Network Team (MDENT) intercepted the marijuana delivery and then conducted a controlled delivery of a package to his residence as part of their investigation.

Wiseman faces up to five years in prison when he is sentenced on November 12, 2020.

The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00122.

 

Follow us on Twitter:SDWVNewsand USAttyStuart

 

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Former CEO Charged With Wire Fraud And Money Laundering

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Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Jason Cory (47, Jacksonville) with three counts of wire fraud and one count of money laundering. If convicted, he faces up to 20 years in federal prison for each count of wire fraud and up to 10 years’ imprisonment for the money laundering offense. The indictment also notifies Cory that the United States is seeking a money judgment of at least $558,701.40, the proceeds of the charged criminal conduct. 

According to the indictment, Cory was the Chief Executive Officer of an information technology services company. From approximately March 2017 through March 2019, Cory embezzled $547,071.10 from the company by authorizing and directing wire transfers out of its corporate accounts to an entity named Gambit Matrix LLC (Gambit). Cory informed employees that Gambit had performed consulting services for the company, when in reality, Gambit was a shell company controlled by Cory. Cory also controlled the Gambit bank account into which the embezzled funds were transferred, and used them for his personal expenses, including the purchase of a Rolex watch costing $11,630.30. Cory attempted to conceal his embezzlement by lying to employees and board members about his control over Gambit, attempting to persuade people to portray fictitious owners of Gambit, creating social media profiles and email addresses for those fictitious owners, and falsifying documents to substantiate the fictitious work being performed by Gambit.

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 was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney David B. Mesrobian.

Warwick Man Charged with Being Armed Drug Trafficker

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PROVIDENCE – A Warwick man who allegedly took on several identities has been arrested by members of the Rhode Island DEA Drug Task Force and ordered detained in federal custody on charges of being an armed drug trafficker, after law enforcement executed court-authorized searches of his residence and two vehicles he regularly used and seized a kilogram of heroin, a loaded firearm, ammunition, and more than $200,000 in cash.

Luis Cortes, 48, a/k/a Danny Vasquez, a/k/a Alberto Diaz, a/k/a John Doe, was stopped and arrested by DEA Drug Task Force agents on Wednesday as he drove away from his residence. Prior to executing a court-authorized search of the vehicle Cortes was driving, a Warwick Police Department certified narcotics detection canine alerted to the presence of narcotics odors at the vehicle. The vehicle was allegedly found to contain after-market hides commonly used to conceal contraband behind the front passenger seat and in a child safety seat. No drugs were located inside the vehicle.

Simultaneous to the traffic stop and the search of Cortes’s vehicle, a court-authorized search of Cortes’s residence was undertaken by members of the Rhode Island DEA Drug Task Force, where they allegedly discovered and seized a kilogram of heroin from a first floor closet; a loaded 9mm semi-automatic pistol with two magazines and between $200,000 and $250,000 in cash from a concealed compartment in the master bathroom which connected to the bedroom; and three kilo presses and various items used in the packaging and distribution of narcotics located in various locations in the residence.

Cortes’s girlfriend and two young children who live with Cortes were present in the residence when law enforcement arrived at the home.

During the traffic stop, the defendant maintained to law enforcement that his true identity is Luis Cortes. The FBI confirmed that the person arrested and fingerprinted was known as both Danny Vasquez and Alberto Diaz. Further review of records by members of the DEA Drug Task Force determined that Danny Vasquez was born in the Dominican Republic.

Luis Cortes, a/k/a Danny Vasquez, a/k/a Alberto Diaz, a/k/a John Doe appeared today before U.S. District Court Magistrate Judge Lincoln D. Almond and was ordered detained on a federal criminal complaint charging him with possession with intent to distribute 100 grams or more of heroin and possession of a firearm in furtherance of drug trafficking.

Cortes’s arrest and initial appearance are announced by United States Attorney Aaron L. Weisman and Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division Brian D. Boyle.

A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

The case is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.

The Rhode Island DEA Drug Task Force is comprised of personnel from the DEA and Providence, East Providence, Central Falls, Coventry, North Kingstown, Woonsocket, Cranston, Pawtucket, Newport, South Kingstown, Warwick, and West Warwick Police Departments, Rhode Island State Police, and Amtrak Police Department.

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Man who fired on law enforcement helicopter sentenced to federal prison

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AUGUSTA, GA:  A Blythe man who shot a helicopter being used in support of a law enforcement operation has been sentenced to more than 15 years in federal prison.

Terry Kielisch, 56, was sentenced to 183 months in prison by U.S. District Court Judge Dudley H. Bowen on two counts of Assaulting a Person Assisting an Officer of the United States, and one count of Use of a Firearm During and in Relation to a Crime of Violence, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. After completion of his prison term, Kielisch will serve five years of supervised release. There is no parole in the federal system.

“When Terry Kielisch aimed and fired a high-powered rifle at a police helicopter, he callously endangered the lives of the officers aboard the aircraft and of any people on the ground,” said U.S. Attorney Christine. “The resulting sentence appropriately reflects the senselessness of this attack.” 

As he admitted in pleading guilty to the charges, Kielisch used a .308 caliber rifle to fire two shots at a Georgia State Patrol helicopter piloted by a GSP trooper, with a Richmond County Sheriff’s Office investigator as a passenger, on March 12, 2019. The aircraft was providing support for Operation Gunsmoke, searching for fugitives accused of drug trafficking and illegal firearms possession in Georgia and South Carolina, and coordinated by agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

Kielisch was not a target in the operation, but told investigators he fired at the helicopter because he didn’t like it flying near his home. Bullets struck the helicopter near its fuel lines, and Judge Bowen ordered Kielisch to pay $54,960 in restitution for the resulting damage. 

The pilot was able to land the aircraft safely, and neither he nor the passenger were injured.

“The Georgia State Patrol is grateful the crew and those on the ground weren’t injured as a result of Kielisch’s careless actions,” said Lt. Stephanie L. Stallings, Public Information Director for the Georgia State Patrol. “This agency is equally grateful to U.S. Attorney Christine for the swift resolution in this case.” 

The case was investigated by the ATF, the Georgia State Patrol and the Richmond County Sheriff’s Office, and was prosecuted for the United States by Assistant U.S. Attorney Hank Syms Jr. 


Washington Man Sentenced for Aggravated Identity Theft

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COEUR D'ALENE – Devin Alexander Motley, 22, of Greenacres, Washington, was sentenced in U.S. District Court to two years in prison for aggravated identity theft, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also ordered Motley to serve one year of supervised release following his prison sentence and to pay $19,094.15 in restitution. Motley pleaded guilty to the charge on May 19, 2020.

According to court records, in September 2017, Motley stole personal information from a victim and used that information to illegally obtain a credit card. Motley then traveled to Idaho and used the card at the Coeur d’Alene Casino, on the Coeur d’Alene Reservation, as part of a scheme to fraudulently obtain over $19,000 of goods and services. The Coeur d'Alene Tribal Police Department and Federal Bureau of Investigation ultimately uncovered Motley’s actions and began investigating. During this same time period, Motley was also involved in multiple other fraudulent activities, which resulted in felony convictions for burglary and grand theft in Kootenai County, Idaho.

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Montgomery County Man Sentenced to 78 Months for Drug Trafficking and Firearm Offenses

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LEXINGTON, Ky. - A Mt. Sterling, Kentucky man, Shawn Perkins, 22, was sentenced in federal court on Thursday, to 78 months in prison, by U.S. District Judge Karen Caldwell, for possession with intent to distribute fentanyl and heroin, possession of a firearm by prohibited person, and using a false statement to purchase a firearm.           

According to Perkins’ plea agreement, on October 10, 2018, law enforcement received complaints that Perkins was firing an AR-15 rifle into the field across from his house.  When officers arrived at the residence, Perkins was uncooperative; but upon entry into the residence, officers located a Bushmaster AR-15 box, ammunition, a jar of marijuana, and approximately $1,000 in cash.  Officers also located a gun case, with an additional seven firearms, assorted ammunition, cash, scales, heroin, various pills, and $3,000 cash.

The Bushmaster AR-15 was located inside the safe and Perkins had purchased the firearm on October 2, 2018.  However, on August 9, 2018, Perkins had been denied the ability to purchase the very same firearm, based upon his prior conviction for a misdemeanor crime of domestic violence.  On the Firearms Transaction Record he filled out when he was allowed to purchase the firearm, Perkins falsely answered that he had never been convicted of a misdemeanor crime of violence.  Perkins had been convicted of Assault Fourth Degree Domestic Violence Minor Injury by the Fleming District Court in September 2011. 

Perkins also admitted that, on August 28, 2019, while serving the arrest warrant on his indictment, law enforcement officers encountered Perkins, at his home, and found him in possession of 728 oxycodone tablets, a 22 pistol, .38 caliber pistol, scales, and $8,712 in cash.

Perkins pleaded guilty in May 2020.

Under federal law, Perkins must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the U.S. Probation Office for three years.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Sheriff David Charles, Montgomery County Sheriff’s Department, jointly made the announcement. 

The investigation was directed by the ATF and the Montgomery County Sheriff’s Department.  The United States was represented by Assistant U.S. Attorney Cynthia Rieker.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

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

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

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Rafael Pina-Nieves Indicted For Firearms Violations

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SAN JUAN, Puerto Rico – Today, a federal grand jury returned an indictment charging Rafael Pina-Nieves, a convicted felon and person prohibited from possessing or carrying firearms, with firearms violations, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.  The Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation, were in charge of the investigation of the case.

According to the indictment, on or about April 1, 2020, in the District of Puerto Rico, defendant Rafael Pina-Nieves, knowing that he had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed: one Glock pistol, Model 19, 9mm caliber; one Smith & Wesson, Model SD40, .40 caliber, and 526 total rounds of live ammunition, including 148 rounds of .40 caliber handgun ammunition, 123 rounds of .357 caliber handgun ammunition, 3 rounds of .45 caliber handgun ammunition, 170 rounds of .25 caliber handgun ammunition, 3 rounds of 5.7 caliber handgun ammunition, 35 rounds of 7.62 caliber rifle ammunition, 18 rounds of 7.92 caliber rifle ammunition, 1 round of 12 gauge shotgun ammunition, and 25 rounds of 9mm caliber handgun ammunition.

The Glock pistol, Model 19, 9mm caliber possessed by Pina-Nieves was a machine gun, as it was modified to shoot more than one shot, without manual reloading, by a single function of the trigger.

Pina-Nieves has agreed that he shall surrender to federal authorities in Puerto Rico on August 14, 2020.

Assistant U.S. Attorney Edward G. Veronda is in charge of the prosecution of the case. If convicted, the defendant faces up to 10 years’ imprisonment for each count.

An indictment contains only charges and is not evidence of guilt. Defendants are presumed to be innocent unless and until proven guilty.

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Burt Man Going To Prison For Five Years For Possession Of Child Pornography

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Adam Williams, 33, of Burt, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 60 months in prison by Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on October 3, 2017, investigators executed a search warrant at the defendant's residence after discovering that Williams was utilizing a peer-to-peer network to distribute child pornography. Items seized from the defendant's residence that contained child pornography included a laptop computer, and a hard drive. A forensic analysis recovered in excess of 11,000 images and 290 videos of child pornography on the laptop and hard drive. Some of images included prepubescent minors and depictions of violence.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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Three California Residents Plead Guilty To Drug Trafficking Charges

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RENO, Nev. — Three California men have pleaded guilty in federal court to possessing with the intent to distribute more than one pound of methamphetamine, announced U.S. Attorney Nicholas A. Trutanich of the District of Nevada.

Jesse Pina, 26, of Visalia, California; Daniel Mediano, 29, of Farmersville, California; and Nicholas Lucky Lozano, 19, of Farmersville, were charged by criminal complaint in June 2019.

•           Yesterday, Pina pleaded guilty to one count of possession with the intent to distribute 50 grams or more of methamphetamine.

•           Mediano pleaded guilty yesterday to one count of conspiracy to possess methamphetamine with the intent to distribute a controlled substance.

•           Today, Lozano pleaded guilty to one count of conspiracy to possess methamphetamine with the intent to distribute a controlled substance.

According to court documents and admissions that the defendants made in court, on or about June 19, 2019, Pina, Mediano, and Lozano were staying in a motel room in downtown Reno and conspired to possess with the intent to distribute methamphetamine. During the execution of a search warrant of the motel room, law enforcement recovered 595 grams (approximately 1.3 pounds) of methamphetamine, a scale, money from a drug sale conducted by Pina, and another $2,880 in cash.

Pina, Mediano, and Lozano are scheduled to be sentenced by Chief U.S. District Judge Miranda M. Du on November 16, 2020.

The maximum statutory penalties are: (a) life in prison and a $10,000,000 fine, for possession with intent to distribute methamphetamine and (b) 20 years in prison and a $1,000,000 fine, for conspiracy to possess methamphetamine with the intent to distribute a controlled substance. The sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Regional Crime Suppression Unit (which included, at the time of this investigation, the Reno Police Department and the Sparks Police Department). Assistant U.S. Attorneys Megan Rachow and Peter Walkingshaw are prosecuting the case.

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