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Fort Wayne Man Convicted By Jury Trial

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FORT WAYNE – Acting United States Attorney for the Northern District of Indiana, Clifford D. Johnson, announced that Larry Norton, age 66, of Fort Wayne, Indiana was convicted of conspiracy to distribute and possess with intent to distribute heroin and cocaine, after a six-day jury trial, before United States District Court Chief Judge Theresa L. Springmann.

 

According to documents filed in this case, Norton and four other individuals conspired to distribute and possess with intent to distribute over 1 kilogram of heroin along with over 5 kilograms of cocaine in the Northern District of Indiana and elsewhere between October 2014 and January 2015. The other four defendants named in the indictment previously pled guilty and are awaiting sentencing.

 

This case was investigated by the Federal Bureau of Investigation, and the FBI Fort Wayne Safe Streets Task Force which includes the Allen County Sheriff’s Department, Fort Wayne Police Department, and the Indiana State Police. This case was prosecuted by Assistant United States Attorneys Anthony W. Geller and Stacey Speith.

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Oneida County Woman Sentenced for Theft of Deceased Mother’s VA Benefits

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SYRACUSE, NEW YORK – Michelle Gulla, 54, of Marcy, New York, was sentenced today to serve 5 years’ probation and ordered to repay $22,344.86 in restitution to the U.S. Veterans Administration, announced United States Attorney Richard S. Hartunian. The sentence followed her January 31, 2017 guilty plea to theft of public money.

As part of her guilty plea, Gulla admitted that between January of 2014 and April of 2016, she unlawfully withdrew $22,344.86 from the bank account of her deceased mother. All of the money withdrawn was the result of overpayment made by the U.S. Veteran’s Administration (“VA“), which continued to deposit surviving spouse benefits monthly into her mother’s account even after her death in January of 2014, because the VA had not received notification of her expiring. Michelle Gulla knew at the time that she had no right to the $22,344.86 in Veteran’s Administration benefits, which money she stole and converted to her own use through hundreds of ATM cash withdrawals, including thousands of dollars at casinos in New York and in Las Vegas, Nevada.

This case was investigated by the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Donna L. Neves, and was prosecuted by Assistant U.S. Attorney Carl G. Eurenius.

Salem Man Pleads Guilty to Federal Firearms Charge

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Roanoke, VIRGINIA – A Salem man, who directed his then-girlfriend to sell a machine gun, pled guilty this week in the United States District Court for the Western District of Virginia in Roanoke to a federal firearms charge, Acting United States Attorney Rick A. Mountcastle announced.

 

Billy James Carter, 45, of Salem, Va., pled guilty this week to one count of unlawfully transferring a firearm.

 

According to evidence presented by Assistant United States Attorney Ashley B. Neese, in April 2016, Carter directed his then-girlfriend to sell an AK-47 style rifle to a friend in Montgomery County, Virginia for $1,900. The rifle featured both semiautomatic and automatic fire styles.

 

The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Montgomery County Sheriff’s Office. Assistant United States Attorney Ashley B. Neese prosecuted the case for the United States.

Accountant Sentenced for Embezzling More Than $1 Million

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DAYTON – Deborah Yosick, 61, currently of Davenport, Fla., was sentenced in U.S. District Court to 51 months in prison for embezzling more than $1 million. She pleaded guilty in November to one count each of wire fraud and income tax evasion.

 

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Frank S. Turner II, Acting Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, announced the sentence handed down yesterday evening by Senior U.S. District Judge Walter H. Rice.

According to court documents, Yosick embezzled money from her employer, Donald C. Wright Investments, LLC and its sister company Don Wright Realty, LLC. Don Wright’s businesses are family-owned and are based in Centerville, Ohio. Don Wright provided various commercial, industrial and residential services in the Dayton area.

 

Between approximately 1985 and October 2015, Yosick was Don Wright's accountant and was principally responsible for handling accounts payables and accounts receivables. Yosick was personally responsible for depositing rental receipts (whether they were cash or check) into the appropriate Don Wright bank account.

 

Yosick embezzled money from Don Wright by using rental payments to pay her personal American Express bill. She did so by initiating ACH transfers from a company bank account and used a portion of the cash she embezzled to purchase money orders from supermarkets, Wal-Mart and post offices. She then used the money orders to pay her personal American Express credit card bills. She also paid her personal credit card bill through approximately 70 electronic transfers from a company bank account to American Express.

 

In total, between 2010 and approximately October 2015, Yosickembezzled approximately $1.1 million from her employer.

 

Additionally, Yosickattempted to evade paying $255,571 in federal income taxes to the IRS for the 2010,2011,2012,2013 and 2014 income tax years.

 

As part of her plea agreement, Yosick agreed to pay $1.1 million in restitution to Don Wright and the more than $255,000 to the IRS.

 

“In the midst of the recession, Deborah Yosick funded a lavish lifestyle of exotic travel by embezzling more than a million dollars from the family-owned real estate company that had trusted her with its accounting for thirty years,” U.S. Attorney Glassman said. “Today’s sentence appropriately punishes her egregious crime of greed.”

 

U.S. Attorney Glassman commended the law enforcement investigation by the IRS and FBI, as well as Assistant United States Attorney Amy M. Smith, who is prosecuting the case.

 

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Buffalo Man Arrested On Drug Charge

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that James H. Carter, 31, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute over 40 grams of fentanyl, possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that special agents from the Drug Enforcement Administration and deputies from the Erie County Sheriff’s Office arrested the defendant following the execution of a search warrant at his residence in the Perry Housing Projects. Officers recovered approximately 50 grams of fentanyl, 14 grams of crack cocaine, a small amount of cocaine, scales, baggies, cutting agents, a Rohm, .22-caliber revolver, along with seven boxes of assorted ammunition.  Police also seized $4,500 in cash from which the defendant was carrying in his pants pocket.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was ordered detained.

The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.

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.

Lockport Man Arrested On Child Pornography Charges

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Sterling Jones, 23, of Lockport, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 10 years in prison and $250,000 fine.

Assistant U.S. Attorney Jonathan Cantil, who is handling the case, stated that according to the complaint, in March 2017, the FBI’s CyberTipLine received a report about an account on DropBox, Inc. that belonged to the defendant. On April 7, 2017, a federal search warrant was executed at the defendant’s residence at 153 Grand Street, Apartment 2, in Lockport. During the search, officers seized Jones’ cellular telephone. Following a forensic analysis of the phone, investigators discovered a second DropBox account, which contained approximately 295 videos and 11 images of child pornography. Some of the images depicted prepubescent children.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being held in custody.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.

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.

Scio Woman Sentenced In Meth Conspiracy

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

Buffalo, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Elizabeth J. Schreiber, 37, of Scio, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and distribute, a mixture and substance containing methamphetamine, was sentenced to 24 months in prison by U.S. District Judge Lawrence J. Vilardo.


Assistant U.S. Attorney Brendan T. Cullinane, who handling the case, stated that between January of 2011 and late 2014, the defendant conspired to manufacture and distribute methamphetamine. Schreiber, in an effort to avoid restrictions on purchasing significant quantities of products containing pseudoephedrine—an integral ingredient in the methamphetamine manufacturing process, purchased only small quantities of such products at local pharmacies.  The practice is referred to as “smurfing.”


A total of 12 people have been arrested as part of this conspiracy, Schreiber is the 10th defendant to be convicted.


The conviction is the culmination of an investigation on the part of: the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major David Krause; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Division; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Wellsville Police Department, under the direction of Chief Timothy O’Grady; U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; and the New York State Department of Environmental Conservation, under the direction of Captain Frank Lauricella.

Former School Teacher Sentenced On Child Pornography Charge

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

ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Steven Choi, 42, of Rochester, NY, who was convicted of possession of child pornography, was sentenced to time served and 15 years supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that the FBI’s Child Exploitation Task Force identified the defendant accessing child pornography online. A forensic examination of that computer recovered sexually explicit photographs of prepubescent girls. Choi is no longer an English teacher with the Holley Central School District.

The sentencing is the culmination of an investigation by Special Agents of Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, U.S. Immigration and Customs Enforcement-Homeland Security Investigations, and the Greece Police Department.


Buffalo Man Sentenced On Drug Charges

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Troy Cooley, 54, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, was sentenced to time served (31 months) by Senior U.S. U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between June 2013 and February 25, 2014, the defendant conspired with others to buy and sell crack cocaine in the City of Buffalo.

Also charged and convicted in this case were co-defendants Anthony McCutcheon, Deandre Sparks, William Jefferson, Markiel Hall, Morrell Buster, Alicia Maghett, and Carmella Rivera.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the Lackawanna Police Department, under the direction of Chief James Michel.

Camden Man Pleads to Felon in Possession of Firearm and Ammunition Charge

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Columbia, South Carolina ---- United States Attorney Beth Drake stated that Richard Herman Roach, III, age 28, of Camden, plead guilty in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Senior United States District Judge Cameron McGowan Currie, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented in court during the guilty plea hearing established that at approximately 2:35 am on July 2, 2016, a deputy with the Kershaw County Sheriff’s Department tried to stop a speeding vehicle on Highway 34. The vehicle failed to stop and a chase ensued during which the vehicle reached speeds up to 100 mph. After the driver lost control trying to make a turn and the vehicle ended up in a ditch, the deputy approached and noticed Roach, the driver and sole occupant, reaching underneath the seat. After removing Roach from the vehicle, the deputy found a loaded Ruger .45 caliber pistol in the front area of the vehicle and a small bag of marijuana in Roach’s front pants pocket. Roach was placed under arrest for state charges. While in transport to the detention center, Roach escaped from deputies, but was apprehended shortly thereafter using a K-9 tracking team.

Roach is prohibited under federal law from possessing firearms and ammunition based upon his prior federal conviction for conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine and 5 grams or more of crack cocaine and his prior state conviction for forgery.  At the time of the incident, Roach was on supervised release for the federal drug conspiracy conviction after previously serving time. 

Roach faces a maximum of ten years imprisonment, a fine of $250,000, and three years of supervised release on the felon in possession of a firearm and ammunition charge. Roach also faces a revocation of his federal supervised release sentence.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Kershaw County Detention Center and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

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Buffalo Man Sentenced On Wire Fraud And Aggravated Idenity Theft Charges

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Alan Ceccarelli, 32, of Buffalo, NY, who was convicted of conspiracy to commit wire fraud and aggravated identity theft, was sentenced to 78 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that between January 2013 and January 2016, Ceccarelli, the owner and manager of a debt collection business, engaged in a scheme to defraud debtors and purported debtors by false and fraudulent pretenses. The defendant tricked and coerced victims throughout the United States into paying debts that they owed or debts that they did not owe through a variety of false statements and threats. Ceccarelli hired a number of debt collectors as part of the scheme which resulted in his company collecting more than $1,022,000 from thousands of victims across the United States. In order to further the scheme, the defendant used a variety of aliases and identities of others.

Acting U.S. Attorney James P. Kennedy, Jr. stated, “With the significant sentence imposed by the court, Ceccarelli finally received the one payback he actually earned as a result of his fraudulent, ruthless, and predatory collection practices.”

"Financial scams like the one perpetrated by Ceccarelli have devastating long-term effects on the victims, many of whom were already under financial hardship,” said Special Agent in Charge of HSI Buffalo James C. Spero. “HSI will continue to aggressively investigate and bring to justice the criminal enterprises who perpetrate these scams that prey on vulnerable people.”

The sentencing is the result of an investigation by U.S. Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

Coushatta man sentenced to 83 months in prison for drug, firearm charges

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SHREVEPORT, La. Acting U.S.Attorney Alexander C. Van Hook announced that a Coushatta man was sentenced Wednesday to 83 months in prison for illegally possessing methamphetamine and firearms.

 

Aaron Joseph Clark, 66, of Coushatta, La., was sentenced by U.S. District Judge Elizabeth E. Foote on one count of possession with intent to distribute methamphetamine and one count of possession of a firearm in furtherance of drug trafficking. He was also sentenced to three years of supervised release. According to the February 2, 2017 guilty plea, law enforcement agents identified Clark as a suspect in a drug case and conducted a search of his temporary residence on January 26, 2016 in Ringgold, La. They found a gram of methamphetamine, two grams of marijuana and nine Xanax pills. They also found digital scales, baggies, syringes and pipes. Additionally, agents located ammunition and a number of loaded weapons including: three revolvers, two derringers, four pistols, four rifles, three shotguns and a weapon made from a shotgun with no serial number. Two of the shotguns were sawed off, and at least six silencers were also found among his possessions. Two days later, agents found 20 grams of methamphetamine hidden in an ammo bag.

 

This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to promote firearm safety and to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.

 

The ATF, Bienville Parish Sheriff’s Office, Red River Parish Sheriff’s Office and Tri-Parish Drug Task Force conducted the investigation. Assistant U.S. Attorney Mary J. Mudrick prosecuted the case.

Prineville Oregon Man Sentenced to 135 Months in Prison for Distributing Child Pornography

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EUGENE, Ore. – On May 31, 2017, Ryan Babcock, 35, was sentenced by United States District Court Judge Ann Aiken to 135 months in federal prison for distribution of child pornography. Upon his release from prison, Babcock will have a lifetime of supervised release.

According to court documents, in 2015, Oregon State Police received information that Babcock was distributing child pornography via email. Law enforcement searched Babcock’s residence and found over 600 child pornography images from the internet on his computers and hidden camera recordings taken in Babcock’s bathroom. Babcock had installed the hidden camera and then videotaped two minor females, both under the age of 12, undressing and taking a bath at his house. Babcock is also seen in the video masturbating while washing one girl’s hair. From the video and subsequent investigation, it has been determined that the victims were unaware of what Babcock was doing.

This case was investigated by the Oregon State Police and the Bend Office of the FBI. It was prosecuted by Amy Potter, Assistant United States Attorney for the District of Oregon with assistance from the Crook County District Attorney’s Office.

Owner of Defunct Food Distribution Business Pleads Guilty to Defrauding Restaurant Groups

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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that MARK BERLIN, 63, of Boca Raton, Florida, waived his right to be indicted and pleaded guilty yesterday in Bridgeport federal court to one count of wire fraud related to his defrauding three restaurant groups of more than $3.5 million.

According to court documents and statements made in court, BERLIN owned and operated Fairfield Food Services, LLC, a Bridgeport-based food distribution business that bought meat, fish and other foods from wholesale vendors and then sold the items to restaurants and retail food distributors (“retail victims”). On a routine basis, BERLIN met with representatives for the retail victims to pitch them specific sales opportunities. Between April 2012 and April 2015, BERLIN made various misrepresentations to secure the sales, including claiming that he had arrangements with wholesale suppliers to obtain “futures contracts” from the wholesalers, and that the retail victims could “lock in” low prices if they paid for products in advance with delivery at a later date. BERLIN regularly told the retail victims that he had a “great deal” on particular products and the customers had to pay him fast in order to obtain the deals. BERLIN provided the retail victims with “Bill and Hold” invoices purportedly reflecting specific monies to be paid to the wholesale suppliers for products at the prices indicated. The retail victims then paid the “Bill and Hold” invoices in full with an understanding that the products or the futures contracts for products were being purchased from the suppliers.

The investigation revealed that BERLIN did not have “locked in” prices or “futures contracts” with wholesale suppliers, and BERLIN frequently used retail victims’ payments simply to cover his business’s immediate cash flow needs. In fact, instead of paying wholesalers before products were delivered, BERLIN typically did not pay the wholesalers for 30 or 60 days after products were delivered.

By April 2015, BERLIN was unable to keep the scheme afloat and stopped providing products to the retail victims. Shortly thereafter, Fairfield Food Services declared bankruptcy and closed its business. The Fairfield Food Services’ bankruptcy filing lists a total of approximately $5.3 million owed to three restaurant groups that paid BERLIN in advance for products, and hundreds of thousands of dollars owed to wholesale suppliers for products for which Fairfield Food Services had already taken delivery.

In pleading guilty, BERLIN contends that not all of the approximately $5.3 million owed to his retail victims was obtained by fraud. The government’s position is that BERLIN obtained at least $3.5 million and as much as $5.3 million by fraud.

BERLIN is scheduled to be sentenced by U.S. District Judge Stefan R. Underhill on August 25, 2017, at which time he faces a maximum term of imprisonment of 20 years.

This matter is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.

Jacksonville Gang Founder Sentenced To 10 Years For Possessing A Firearm

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Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Maurice Phillip Mitchell (32, Jacksonville) to 10 years in federal prison for possessing a firearm after having been convicted of a felony. A federal jury found him guilty on February 7, 2017. During his sentencing hearing, Mitchell was identified as the founder of the violent gang “Cut Throat Committee,” which operates throughout Florida’s prison system.

 

According to court documents, Mitchell was operating a minivan in the Lackawanna area of Jacksonville on February 29, 2016, when he was encountered by a patrol officer with the Jacksonville Sheriff’s Office (JSO). The officer observed signs of intoxication and pursued Mitchell, who led the officer on a high-speed chase and ultimately crashed the vehicle into a tree. Mitchell then exited the vehicle and fled on foot. A second JSO patrol officer, who had responded to assist, apprehended Mitchell a short time later, after finding him hiding under an SUV in a nearby parking lot. Upon returning to the scene of the crash, officers found a firearm on the dashboard of the minivan. As a previously convicted felon, Mitchell is prohibited from possessing a firearm or ammunition under federal law.

 

At the sentencing hearing, the United States presented evidence that Mitchell had attempted to obstruct justice by paying a third party to falsely testify on his behalf and by attempting to intimidate a witness during trial. He received a sentencing enhancement based on this evidence. He also received an additional sentencing enhancement for reckless endangerment during his flight from police.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Jacksonville Sheriff’s Office and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Kelly Karase.

 

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. Acting United States Attorney Muldrow, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.


Federal Jury Finds St. Cloud Man Guilty Of Attempting To Sell Fake Heroin

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Orlando, Florida– Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Danny Anthony Collado Nieves (25, St. Cloud) guilty of attempting to possess with the intent to distribute a controlled substance. His sentencing hearing is scheduled for September 15, 2017; he faces a maximum penalty of 20 years in federal prison.

 

According to evidence presented at trial, on November 2, 2016, Collado Nieves attempted to sell over 100 grams of a substance that he believed to be heroin to an undercover police officer for $11,000. Although lab results later confirmed that the “heroin” was not a controlled substance, testimony and evidence showed that he had intended to sell real heroin on that date.

 

This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys Sean P. Shecter and Vincent Chiu.

Lake County Middle School Teacher Arrested For Attempting To Entice A Minor To Engage in Sexual Activity

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Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces the arrest and filing of a criminal complaint charging Andres Fernando Cabezas (33, Lake County) with attempting to entice a minor to engage in sexual activity. If convicted, he faces a minimum mandatory penalty of 10 years, up to life, in federal prison. Cabezas is employed as a teacher at Carver Middle School in Leesburg.

 

According to the criminal complaint, between May 25 and May 30, 2017, Cabezas used his cellphone to communicate via e-mail and text messaging with a child he believed to be 12 years old, in an attempt to entice the girl to engage in sexual activity. On May 30, 2017, he traveled from Clermont to a restaurant in Lake Mary where he intended to meet the child. Upon arriving at the restaurant, Cabezas was arrested by FBI agents.

 

Cabezas later confessed that he intended to have sex with the child and then give her an emergency contraceptive pill that agents had recovered from his vehicle. He also stated that he had visited the dark web to view videos of toddlers and young children engaged in sexual acts with adults.

 

A criminal complaint is merely an allegation 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 Ilianys Rivera Miranda.

 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Rock Island Man Indicted on Cocaine Charge

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ROCK ISLAND, Ill. – Trial has been set for July 31, 2017, for a Rock Island man charged with possession of cocaine with intent to distribute. Jeffrey Terrell Moore, 29, of the 600 block of 7th Street, appeared in federal court today for arraignment before U.S. District Judge Sara L. Darrow.

 

A federal grand jury in Peoria returned the indictment on May 23, that charges Moore with attempted possession of at least 500 grams of cocaine with intent to distribute on May 4, 2017, in Rock Island.

 

Moore was previously charged in a criminal complaint. According to the affidavit filed in support of the complaint, Moore was arrested on May 4, 2017, as he allegedly attempted to purchase multiple kilograms of cocaine.

 

During a court appearance on May 9, before Judge Darrow, Moore was ordered detained in the custody of the U.S. Marshals Service.

 

If convicted, the statutory penalty is a minimum mandatory sentence of 10 years to life in prison.

 

The charge is the result of an investigation by the Rock Island Police Department, assisted by the Quad Cities MEG and the U.S. Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Don Allegro.

 

Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.

Two West Virginia residents sentenced for methamphetamine distribution

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ELKINS, WEST VIRGINIA –Two individuals were sentenced today for their participation in a methamphetamine distribution operation that spanned two states and three North West Virginia counties, Acting United States Attorney Betsy Steinfeld Jividen announced.

The indictment alleged that 20 individuals from Virginia and West Virginia conspired with one another to operate a methamphetamine distribution ring in the region. Two were sentenced today in federal court.

Geniece Pancake, 36, of Belington, West Virginia was sentenced today to 120 months incarceration for assisting in the methamphetamine distribution operation. Pancake pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine” in January 2017.

David Maxwell, 32, of Elkins, West Virginia was sentenced today to 34 months for methamphetamine distribution. Maxwell pled guilty to one count of “Distribution of Methamphetamine” in January 2017. Maxwell sold crystal meth in Randolph County in April 2015.

Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Mountain Region Drug and Violent Crime Task Force investigated.

U.S. District Judge John Preston Bailey presided.

Three Individuals Sentenced On Methamphetamine Distribution, Conspiracy, And Assault Charges

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MUSKOGEE, OKLAHOMA– The United States Attorney’s Office for the Eastern District of Oklahoma announced that CODY LEE McCLENDON III, a/k/a Cody-Mac, age 36, of Tahlequah, Oklahoma was sentenced to 386 months imprisonment, followed by 5 years of supervised release for Conspiracy To Possess With Intent To Distribute And Distribute Five Hundred (500) Grams Or More Of Methamphetamine, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A) and 96 months imprisonment, followed by 3 years supervised release for Assaulting an Officer of the United States in violation of Title 18, United States Code, Section 111(a)(1). Both sentences were ordered to run concurrently and a money judgement totaling $240,000.00 was also assessed.

MICHAEL DAVID LINCOLN, a/k/a Linc, age 40, of Tulsa, Oklahoma was sentenced to 330 months imprisonment, followed by 5 years of supervised release for Conspiracy To Possess With Intent To Distribute And Distribute Five Hundred (500) Grams Or More Of Methamphetamine, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A). A money judgement totaling $240,000.00 was also assessed.

TIMOTHY BLAYN CROCKER, age 25, of Wilburton, Oklahoma, was sentenced to 37 months imprisonment, followed by 3 years supervised release for Conspiracy in violation of Title 18, United States Code, Section 371. A money judgement totaling $1,000.00 was also assessed.

Defendants, McClendon and Lincoln, were leaders within the McClendon Drug Trafficking Organization (DTO) primarily involved in the distribution of methamphetamine within the Eastern District of Oklahoma and elsewhere. McClendon, while serving a 20 year sentence for Robbery I, was incarcerated in the Oklahoma State Penitentiary (OSP), McAlester, Oklahoma, from September 26, 2008, until January 27, 2016. Lincoln, while serving a 30 year sentence for Manslaughter I, was incarcerated in the OSP, McAlester, Oklahoma, from October 10, 2006, until January 27, 2016. Beginning in or about the end of 2013 and continuing until on or about January 27, 2016, McClendon and Lincoln utilized cellular telephones illegally smuggled into the prison to coordinate the acquisition and distribution of at least 30 kilograms of methamphetamine within the Eastern District of Oklahoma and elsewhere. Crocker was employed as a corrections officer at OSP, during the month of December 2015, when law enforcement intercepted communications which led to identifying and arresting Crocker as a coconspirator in the McClendon DTO.

The Investigation revealed that McClendon and Lincoln, while inmates within OSP, used cellular phones they kept hidden on their person and inside their prison cells to facilitate the sale and distribution of methamphetamine. Both Defendants used these cellular phones to communicate with co-conspirators via audio phone calls, text messages, and by communicating on the social media website Facebook. Law enforcement obtained a court order to intercept these communications. During the court-ordered 30-day interception period, law enforcement seized approximately 3 kilograms of methamphetamine and identified multiple coconspirators as a direct result of monitoring the cell phone conversations between McClendon, Lincoln, and other coconspirators. An additional 3 kilograms of methamphetamine was seized independent of the intercepted communications.

McClendon and Lincoln are also members of the Indian Brotherhood (IBH), a Criminal Gang whose members are primarily of Native American descent and which operates within and outside the Oklahoma Department of Corrections. The IBH has a defined structure as set out in a written set of by-laws which provides expectations and commands which must be followed for every IBH member. The IBH consists of numerous individual Tribes who are each controlled by a War Chief. The War Chief, with certain limitations, makes command decisions concerning actions to be taken by his Tribe. The IBH utilizes this structure to coordinate the distribution of controlled substances, collections of monies owed for controlled substances, and the protection by force, if necessary, of other IBH members and their drug trafficking interests within and outside the Oklahoma Department of Corrections.

McClendon and Lincoln are IBH War Chiefs and utilized their membership and associations within the IBH to contact other IBH members and associates to assist in the distribution of methamphetamine and other associated drug trafficking activities. While incarcerated, McClendon and Lincoln were able to enlist the aid of Crocker, a corrections officer, to obtain and provide them with contraband items. Crocker was arrested after law enforcement witnessed McClendon DTO coconspirators provide Crocker with approximately ½ kilogram of marijuana for eventual distribution inside OSP. A search of Crocker’s residence led to the seizure of an additional ¾ kilograms of marijuana and approximately 10 ounces of methamphetamine packaged for eventual distribution inside OSP.

McClendon and Lincoln are quick to utilize violence and threats of violence to further the goals and longevity of the IBH. During the investigation of the McClendon DTO, and through information obtained during wiretap intercepts, law enforcement became aware of two instances wherein McClendon sent IBH associates and fellow coconspirators to intimidate and harm other IBH associates. On one occasion, McClendon believed that a codefendant had hidden drugs and money from him and sent associates to beat the codefendant if necessary to locate the drugs and money. On another occasion, McClendon sent other codefendants to assault another individual because McClendon suspected that the individual had robbed a fellow IBH associate.

Close in time to McClendon’s initial appearance in federal court, he attempted to send a written communication from the Muskogee County Jail. In the communication, or note, McClendon specifically identified two coconspirators he believed were cooperating with law enforcement. In McClendon’s words on the note, one of them “ratted us all out, told the Feds everything, they got us all”. The two suspected coconspirators’ in the note have an “X” over their names which signifies an intent to harm or kill them.

Both McClendon and Lincoln have engaged in violent activity while incarcerated in the Muskogee County Jail awaiting disposition in their federal case. McClendon has threatened jail staff and the United States Marshal Service on numerous occasions, destroyed jail property, and assaulted a Deputy United States Marshal. Officers have seized multiple “shanks” or home-made knives from McClendon and Lincoln while they were incarcerated in the Muskogee County Jail, and McClendon has stabbed a fellow inmate with a “shank”.

In previous hearings, 18 codefendants were sentenced for their roles in the McClendon DTO. AMBER CLAPHAN, a methamphetamine distributor and drug and money courier, received a 46 months sentence of imprisonment. DONALD TRAMMEL, a methamphetamine distributor who also maintained large amounts of currency and methamphetamine for the organization, received a 168 months sentence of imprisonment. SAMANTHA SMITH, a methamphetamine distributor and drug and money courier, received a 63 month sentence of imprisonment. TERESA CHAGOLLA, a methamphetamine distributor who also maintained a residence where methamphetamine and currency were kept, received a 70 month sentence of imprisonment. JACOB HORTON MASTERS JR, a methamphetamine distributor who also kept currency for the organization, received an 84 month sentence of imprisonment. NATHAN ROWDEN GREEN, a methamphetamine distributor and drug and money courier, received a 100 month sentence of imprisonment. DUSTY ALLEN DRYWATER, a methamphetamine distributor and drug courier, received a 168 month sentence of imprisonment. ASHLEY NOEL STEELE, a methamphetamine distributor and drug courier, received a 60 month sentence of imprisonment. JIMMY W. SEQUICHIE JR., an enforcer for the DTO, received a 120 month sentence of imprisonment. REGINA ANN BALLARD, a methamphetamine distributor and drug courier, received a 77 month sentence of imprisonment. MATILDA KAY BIRDTAIL, a methamphetamine distributor and drug courier, received a 41 month sentence of imprisonment. FREDERIC PETERSEN BECK JR., a methamphetamine distributor and drug courier, received a 108 month sentence of imprisonment. GARY WAYNE WILDER, a methamphetamine distributor and drug courier, received a 60 month sentence of imprisonment. BRENDA AILEEN AIRINGTON, a methamphetamine distributor who maintained a storage unit for concealing and storing methamphetamine, received a 46 month sentence of imprisonment. BRYAN STEVEN LAFAVOR, a methamphetamine distributor and drug courier, received a 30 month sentence of imprisonment. THERESA JO DAVIS maintained bank accounts for the concealment of drug proceeds and received a 5 year sentence of probation. LATISHA DAWN ARNOLD, a methamphetamine distributor and drug courier, received a 46 month sentence of imprisonment. SHEENA CHANDEL MEIKLE, a methamphetamine distributor and drug courier, received a 46 month sentence of imprisonment.

The charges arose from a joint investigation entitled “Home of the Brave” coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney. The agencies involved in the investigation were the Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over all sentencing hearings. Defendants McClendon and Lincoln will remain in the custody of the United States Marshal Service pending transportation to their designated place of incarceration at which they will serve their nonparolable sentences.

Acting United States Attorney Douglas A. Horn stated, “the positive impact this investigation and subsequent prosecution has had on the communities within the Eastern District of Oklahoma will be felt for some time. The combined effort of multiple state, local, and federal agencies ensured that drug traffickers, no matter where they are located or how difficult it may be to target their activities, will be brought to justice and held accountable for the physical and mental anguish they inflict on the lives and families of those who find themselves involved in the downward spiral of drug use and addiction.”

Assistant United States Attorney Shannon L. Henson represented the United States.

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