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Smith County Man Guilty in Drug Distribution Conspiracy

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     TYLER, Texas – A 58-year-old Tyler, Texas man has pleaded guilty to federal drug conspiracy charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.

 

     Saleem Jeffer Jiwani pleaded guilty to conspiracy to distribute and possession with intent to distribute Schedule I controlled substances, conspiracy to distribute and possession with intent to distribute controlled substance analogues, and engaging in monetary transactions. Jiwani entered his guilty plea on May 31, 2017 before U.S. Magistrate Judge K. Nicole Mitchell.

 

     On Aug. 4, 2016, a combined task force of federal, state and local law enforcement executed federal arrest and search warrants in Plano, Carrollton, Dallas and Tyler, Texas as a result of a joint investigation by the U.S. Drug Administration, Plano Police Department, Internal Revenue Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and Smith County Sheriff’s Office.

 

     According to information presented in court, from at least April 2013, Jiwani and his co-defendants, conspired to distribute synthetic drugs at two retail establishments in the Eastern District of Texas: Minute Stop/Valero Gas Station located at 11874 Hwy 64 West in Tyler, Texas and Ashes Smokes and Tattoos located at 1428 Avenue K in Plano, Texas. Jiwani and four others were indicted by a federal grand jury on Aug. 3, 2016

 

     Under federal statutes, Jiwani faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

 

     This case is being investigated by DEA, Plano Police Department, IRS, ATF, and the Smith County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.

 

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Jamaican National Pleads Guilty to False Claim of U.S. Citizenship

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St. Thomas, USVI- Ewart Henry, 71, of Jamaica, pleaded guilty today in federal court on St. Thomas to making a false claim of United States citizenship, Acting United States Attorney Joycelyn Hewlett announced. District Judge Curtis V. Gomez detained Henry pending further proceedings. Sentencing is set for October 5, 2017.

 

According to the plea agreement filed with the court, Henry admitted that he knowingly gave a U.S. Customs and Border Protection (CBP) officer a Connecticut state identification card to falsely represent that he was a United States citizen.

 

Henry faces a maximum sentence of three years in prison and a $250,000 fine. This case was investigated by CBP and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations . It was prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.

Member of Grant County Methamphetamine Trafficking Ring Sentenced to Prison

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ALBUQUERQUE – Gary Lee Romero, 32, of Santa Clara, N.M., was sentenced today in federal court in Las Cruces, N.M., to 63 months in federal prison followed by four years of supervised release for his methamphetamine trafficking conviction.

 

Romero is one of twelve defendants charged with methamphetamine trafficking offenses as the result of a multi-agency investigation targeting a drug trafficking organization led by Daniel Lee Jacquez, 35, of Silver City, that distributed methamphetamine in Grant County, N.M. The investigation concluded in April 2015 with the filing of a 34-count indictment against Romero, Jacquez and nine co-defendants.

 

The indictment charged the 12 defendants with participating in a drug trafficking conspiracy and committing a series of substantive drug trafficking offenses and a firearms offense. According to the indictment, the defendants conspired to distribute methamphetamine in Grant County from March 2014 through April 2015. Eight counts charged certain defendants with distributing or possessing with intent to distribute methamphetamine and 24 counts charge certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. The indictment also charged one defendant with being a felon in possession of a firearm.

 

Romero pled guilty on July 13, 2016, to a felony information charging him with participating in a methamphetamine trafficking conspiracy, and admitted working with his co-defendants to distribute approximately 500 grams to 1.5 kilograms of methamphetamine in Silver City between March 2015 and April 2015.

 

All of Romero’s co-defendants, including Jacquez, have entered guilty pleas. Jacquez was sentenced on April 27, 2017, to 108 months in prison followed by four years of supervised release; Crystal Medina Gomez, 51, of Silver City, was sentenced on March 29, 2017, to 30 months in prison followed by three years of supervised release; and Anthony R. Davila, 26, of Santa Clara, was sentenced on Feb. 21, 2017, to 60 months in prison followed by three years of supervised release. The remaining co-defendants are currently awaiting sentencing hearings.

 

The case was investigated by the Las Cruces offices of the DEA, HSI and FBI with assistance from the U.S. Marshals Service and the New Mexico State Police. Assistant U.S. Attorney Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.

 

The investigation leading to the filing of charges in this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

Former Congressional Candidate Pleads Guilty to Making False Statements to Federal Agents

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SACRAMENTO, Calif. — Karen Mathews Davis, 68, of Lodi, pleaded guilty today to making false statements to federal agents during the course of a criminal investigation into the mailing of threatening letters, U.S. Attorney Phillip A. Talbert announced.

According to court documents, between December 23, 2013, and February 12, 2015, Davis falsely claimed to federal law enforcement agents that she had received two letters in the mail from unknown individuals threatening her with death. At the time she received the letters, she was running for a U.S. Congressional seat. Davis provided information to federal law enforcement agents about three individuals who she suggested could have mailed the two threatening letters. In actuality, Davis wrote both letters, placing the first in her own mailbox and mailing herself the second.

This case is the product of an investigation by the U.S. Department of Treasury Inspector General for Tax Administration and the Federal Bureau of Investigation. Assistant United States Attorney Heiko P. Coppola is prosecuting the case.

Davis is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on September 28, 2017. Davis faces a maximum statutory penalty of five years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Federal Judge Sentences Asheville Area Cattle Farm And Its Owner For Discharging Cow Feces Into French Broad River In Violation Of the Clean Water Act

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ASHEVILLE, N.C. – U.S. District Judge Martin Reidinger sentenced today Crowell Farms, Inc. (Crowell Farms) located in Asheville, and its owner, Michael Alexander Crowell, 65, also of Asheville, on felony violations of the Clean Water Act, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina.

 

Michael Crowell was ordered to serve six months of house arrest during his three-year term of probation and to pay $10,000 in fines. Crowell Farms was ordered to pay an additional $40,000 in fines, offset by any fines paid to the State of North Carolina, and to serve a three-year term of probation during which it will have to abide by an environmental compliance program.

 

U.S. Attorney Rose is joined in making todays announcement by Special Agent in Charge Andy Castro of the U.S. Environmental Protection Agency, Criminal Investigation Division (EPA-CID), Atlanta Area Office; and John Keane, Acting Special Agent in Charge of the State Bureau of Investigations’ Diversion and Environmental Crimes Unit (SBI/ DECU).

 

According to court filings and today’s sentencing hearings, Crowell Farms is in the beef cattle farming business, maintaining more than 150 cows and managing more over 200 acres of agricultural fields. In the annual course of its operations, Crowell Farms disposes of thousands of pounds of solid and liquid animal waste, which are considered pollutants under the Clean Water Act. Court records show that Michael Crowell is the Operator Responsible-in-Charge (ORC) for the permitted waste disposal system at Crowell Farms. As the ORC, Michael Crowell is responsible for ensuring that animal waste is properly disposed into the farm’s waste management system, namely in solids waste lagoons.

 

According to court records, from in or about November 2015 through at least December 2015, Michael Crowell had installed bypasses at the farm’s waste lagoons, which were discharging liquid animal waste into a tributary of the French Broad River. Crowell Farms did not have a permit to discharge liquid waste to waters, and was permitted only to discharge the waste to an on-site land application system. Filed court documents indicate that Michael Crowell had installed the bypasses himself, because he had trouble managing Crowell Farms’ waste management system. Filed documents also show that Michael Crowell previously told inspectors he was aware that he had done “the wrong thing.” State inspectors further discovered that Crowell Farms did not own the proper land application equipment.

 

In November 2016, Michael Crowell and Crowell Farms pleaded guilty to one count of criminal violation of the Clean Water Act.

 

The Clean Water Act is a federal law enacted to prevent, reduce and eliminate pollution, and to restore and maintain the chemical, physical, and biological quality of the Nation’s waters for the protection and propagation of fish and aquatic life and wildlife, for recreational purposes, and for the use of such waters for public drinking water, agricultural, and industrial purposes.The French Broad River supplies drinking water to more than one million people and is frequently used for recreational water activities, such as swimming and kayaking. It is also protected because it supports secondary recreation, including fishing, fish consumption, and agriculture.

 

The investigation was led by the EPAs Criminal Investigation Division and SBIs DECU, with significant and substantial assistance from the North Carolina Department of Environmental Quality, Division of Water Resources – Asheville Regional Office. Assistant United States Attorney Steven R. Kaufman of the U.S. Attorneys Office in Charlotte prosecuted the case.

 

Bucks County Man Sentenced to 30 Years in Prison For Producing Child Pornography With 3-Year-Old Child

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PHILADELPHIA – Norman Ridgeway, 27, of Croydon, Pennsylvania, was sentenced today to 30 years in prison as a result of his production of child pornography with a 3-year-old child, his distribution of that same child pornography over the internet, and his possession of a massive trove of videos and images containing child pornography.

 

Defendant Ridgeway pleaded guilty on February 9, 2017, to counts one through three of an indictment charging him with production of child pornography, transportation of child pornography, and possession of child pornography. Defendant Ridgeway’s crimes involved the production of child pornography with a 3-year-old child, and his subsequent distribution of that child pornography over the internet. Separately, defendant Ridgeway was caught possessing approximately 1,886 images containing child pornography, and 225 videos containing child pornography. When federal and local law enforcement attempted to arrest the defendant, he fled in a vehicle, during which time he destroyed additional evidence containing child pornography. Subsequently, while detained at the Federal Detention Center, Defendant Ridgeway attempted to obstruct justice by calling an associate and ordering that associate to locate and destroy additional evidence containing child pornography that the defendant had secretly stored in his wallet on a digital memory card.

 

Defendant Ridgeway was sentenced by U.S. District Judge Eduardo C. Robreno to a 30-year term of incarceration, 20 years of supervised release, a $2,000 fine, and a special assessment of $300. “The crimes that this defendant committed against the three-year old victim in this case, and numerous other children, are an abomination,” said Acting United States Attorney Louis D. Lappen. “We are pleased with today’s outcome, and we remain dedicated to working on behalf of the victims of child sexual abuse and exploitation to prosecute and incarcerate for lengthy periods of time those who exploit the most vulnerable members of our community.”

 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. 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 better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

 

The case was investigated by the FBI and the Washington, D.C. Metropolitan Police Department, with assistance provided by the Bensalem Township Police Department, the Warminster Township Police Department, the Middletown Township Police Department, and the Bristol Township Police Department. It was prosecuted by Assistant United States Attorney James Petkun.

Ossipee Man Sentenced to Eight Years in Prison for Fentanyl Conspiracy

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            CONCORD, N.H. – John J. Farley, Acting United States Attorney for the District of New Hampshire, announced that Jeffrey Lamarche, 39, of Ossipee, was sentenced to serve eight years in federal prison for his role in a conspiracy to possess with intent to distribute fentanyl.

            According to court documents and statements in court, on May 24, 2016, Lamarche was a passenger in a vehicle stopped by a New Hampshire State Police trooper. After making various observations about Lamarche, the trooper asked if he would consent to a search. Lamarche consented. When the trooper asked the defendant to squat and stand up, seven cellophane packages fell from his right pant leg. Lab results later confirmed that the packages contained 44.6 grams of fentanyl and 5.8 grams of cocaine.

            “The United States Attorney’s Office is committed to working with all of our law enforcement partners to stop the distribution of fentanyl,” Acting U.S. Attorney Farley said. “Those who choose to sell dangerous substances are jeopardizing the lives of the people in our communities. While people suffering from addiction need treatment, we will continue to target and prosecuted individuals involved in drug trafficking.”

            The case was investigated by the New Hampshire State Police and was prosecuted by Assistant United States Attorney Georgiana L. Konesky.

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Madison Man Charged with Gun Crime

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MADISON, WIS. -- A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictment today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

 

The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted, the sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

 

Blair Cook, 23, Madison, Wis., is charged with illegally possessing a firearm while being an unlawful user of marijuana. The indictment alleges that he possessed a .40 caliber pistol and ammunition on May 25, 2017.

 

Under federal law, unlawful users of controlled substances are prohibited from possessing firearms or ammunition.

 

If convicted, Cook faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Madison Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case is being handled by Assistant U.S. Attorney Rita Rumbelow.

 


Charleston man pleads guilty to possessing child pornography

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CHARLESTON, W.Va. – A Charleston man faces up to 20 years in federal prison after pleading guilty today to a child pornography crime, announced United States Attorney Carol Casto. Jason Lee Smith, 39, entered his guilty plea to possession of child pornography.

Smith admitted that he possessed over 600 images and videos of minors engaged in sexual acts. Many of the images and videos depict prepubescent minors. The images and videos were located in Charleston on his personal computer. The investigation revealed that Smith was using a peer-to-peer file sharing program to download, receive, and distribute child pornography.

“We have no tolerance for those who put the safety of our children at risk,” stated United States Attorney Casto. “Crimes involving the exploitation and abuse of children result in serious charges that carry severe consequences. We will use every tool at our disposal to track down these sexual predators and prosecute them to the fullest extent of the law.”

The sentencing is scheduled for August 24, 2017.

The West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, and the Parkersburg Police Department conducted the investigation. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.

This case is being prosecuted as part of an ongoing initiative of the United States Attorney’s Office to combat child sexual exploitation and abuse in the Southern District of West Virginia.

Taunton Man Sentenced for Heroin Distribution

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BOSTON – A Taunton man was sentenced today in federal court in Boston for heroin distribution.

Nathan Pinho, 28, was sentenced by U.S. District Court Judge Richard G. Stearns to 57 months in prison and three years of supervised release. In October 2016, Pinho pleaded guilty to conspiracy to distribute heroin.

In August 2015, Pinho was arrested on state firearm and drug charges, and was accused of shooting six times at victims in a car in Taunton. Despite his arrest, Pinho began writing to his girlfriend, Adrianna Gerardi, from jail, instructing her to continue distributing heroin on his behalf. He directed her on how to obtain the drugs, how much to pay for them, how much to cut the product, and how much to charge. Pinho also wrote to Adilson Teixeira, his heroin supplier, thanking Teixeira for helping him and Gerardi.

Pinho’s letters were intercepted by authorities and used to conduct an undercover investigation. An undercover officer made controlled heroin purchases from Gerardi on five different occasions in December 2015 and January 2016. The operation culminated with the arrests of Pinho, Gerardi, and Teixeira on federal drug conspiracy charges in April 2016.

Gerardi pleaded guilty and was sentenced to two years of probation, to commence after her release from state custody. Teixeira pleaded guilty and was sentenced to 41 months in prison and three years of supervised release.

Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The Taunton and Fall River Police Departments provided valuable assistance. Assistant U.S. Attorney Ted Heinrich of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.

Parkersburg felon pleads guilty to federal gun crime

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CHARLESTON, W.Va. – A Parkersburg man pleaded guilty today to a federal gun crime, announced United States Attorney Carol Casto. Tyrese Antonio McMillon, 32, entered his guilty plea to being a felon in possession of a firearm.

McMillon admitted that on May 27, 2016, in Parkersburg, he possessed a Lorcin .380 pistol. McMillon was prohibited from possessing any firearm under federal law because of a 2006 felony conviction in Cabell County Circuit Court for possession with intent to deliver a controlled substance. 

McMillon faces up to 10 years in federal prison when he is sentenced on August 24, 2017.

The Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Joshua C. Hanks is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.

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

Ferndale Man Convicted of Conspiracy, Mail Fraud, Identity Theft and Money Laundering

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A resident of Ferndale, Michigan, was convicted by a jury last month on numerous counts of conspiracy, mail fraud, aggravated identity theft, and engaging in illegal monetary transactions, Acting U.S. Attorney Daniel L. Lemisch announced today.

 

Joining Lemisch in the announcement was Manny Muriel, Special Agent in Charge of the Detroit Office of the Internal Revenue Service – Criminal Investigation.

 

Durand L. Micheau, aka Durand Micheau-El and Gamba Mwenye El, 47, was convicted following a one-week trial conducted before U.S. District Judge Judith Levy. Micheau is scheduled to be sentenced on October 11.

 

At an earlier trial, Micheau’s wife and two brothers-in-law, Sharon Gandy-Micheau, Anthony Gandy, and Christopher Gandy, were convicted by a jury on the same charges. Sharon is scheduled to be sentenced on August 28, and Anthony and Christopher, her brothers, are scheduled to be sentenced on August 21.

 

The evidence presented at the trials established that the defendants participated in a scheme to defraud the federal government that centered on the filing of over 20 fraudulent Forms 1041, U.S. Income Tax Returns for Estates and Trusts. The returns requested over $1.4 million in refunds based on tax withholdings that never occurred. The returns resulted in the IRS’s mailing 14 income tax refund checks to the defendants that were payable to the trusts and totaled $940,000. To facilitate the scheme, the defendants obtained employer identification numbers (EINs) for the trusts from the IRS, opened post office boxes, and opened bank accounts in the names of the trusts. The trusts did not exist. The U.S. Treasury refund checks were either deposited into the bank accounts, followed shortly thereafter by large cash withdrawals, or cashed at local check-cashing stores.

 

In addition, the scheme used the names and identification information of a number of individuals whose purses or wallets had been lost or stolen, and it depended on the assistance of some of the defendants’ friends.

 

“These defendants attempted to steal taxpayer money, and they did so by using the identities of innocent victims,” Lemisch said. “This case should signal the ability of IRS investigators to detect fraud and bring offenders to justice.”

 

IRS-Criminal Investigation Special Agent in Charge Manny Muriel said, “Investigating refund fraud and identity theft remains a priority for IRS Criminal Investigation. Today’s guilty verdicts should send a clear message to would-be criminals that IRS – Criminal Investigation will continue to pursue those who prey on innocent victims and steal from the American tax system.”

 

The case was investigated by agents of the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant U.S. Attorneys Stephen Hiyama and Ross MacKenzie, with the assistance of paralegal Carol Oliver.

KC Man Sentenced to 19 Years for PCP Conspiracy

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KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for his role in a conspiracy to distribute PCP.

Ronnie Barrett, 46, of Kansas City, was sentenced by U.S. District Judge Gary A. Fenner to 19 years in federal prison without parole.

On Nov. 22, 2016, Barrett pleaded guilty to participating in a conspiracy to distribute PCP from Jan. 1, 2014, to May 21, 2015, and to aiding and abetting money laundering. Barrett admitted he was a mid-level PCP dealer and obtained multiple-ounce quantities of PCP to distribute in PCP-dipped cigarettes called “sticks,” half-ounce bottles, and full ounce bottles. Barrett possessed and distributed more than a kilogram of PCP.

Barrett also admitted that he aided and abetted an uncharged accomplice to launder drug-trafficking proceeds. Money obtained from the PCP conspiracy was used to purchase a 2006 Maserati Quattroporte at a car dealership in Kansas City, Mo., for $25,000, with the intent to conceal the ownership of the unlawful proceeds. The Maserati was purchased by Barrett but the vehicle was titled in the name of the uncharged accomplice.

Barrett is the final defendant among 11 defendants who have pleaded guilty and been sentenced in this case.

This case was prosecuted by Assistant U.S. Attorney Brent Venneman. It was investigated by the Kansas City, Mo., Police Department and the FBI.

Aggravated Felon Indicted For Illegal Reentry

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Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces the return of an indictment charging Luis Bernardo Gonzalez-Martinez (29, Mexico) with the illegal reentry after deportation. Since his deportation was subsequent to his conviction for an aggravated felony, he faces a maximum penalty of 20years in federal prison.

 

According to court documents, Gonzalez-Martinez is a Mexican citizen who was convicted of burglary on May 26, 2009. He was removed from the United States in June 2012 and again in June 2013. On April 1, 2017, immigration officers encountered Gonzalez-Martinez, a member of the Sureños (Sur 13) street gang, back in the United States illegally.

 

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 U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations and U.S. Customs and Border Protection’s Border Patrol. It will be prosecuted by Special Assistant United States Attorney Christina R. Downes, on assignment from the Office of Principal Legal Advisor, ICE.

School Security Guard Charged In White Plains Federal Court With Four Murders In Connection With Cocaine Distribution Conspiracy

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Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), George P. Beach II, the Superintendent of the New York State Police (“NYSP”), and Peter J. Graziano Jr., Chief of the Village of Chester Police Department (“Chester PD”),announced the arrest of JOSEPH BIGGS, a security guard at a school in Hastings-On-Hudson, New York, for a quadruple murder committed in Chester, New York in April 2016. BIGGS was charged in a 17-count Superseding Indictment, along with NICHOLAS TARTAGLIONE, a retired police officer who was previously arrested and charged in this case, for their participation in a conspiracy to distribute five kilograms and more of cocaine and for the murders of Martin Luna, Urbano Santiago, Miguel Luna, and Hector Gutierrez in furtherance of that conspiracy. The new indictment also includes firearms and kidnapping charges against both defendants in connection with the murders.

 

Acting U.S. Attorney Joon H. Kim stated: “As alleged, Joseph Biggs, a school security officer, participated in the brutal drug-related kidnapping and murder of four people in a bar in Chester, New York. Biggs allegedly committed these cold-blooded crimes with Nicholas Tartaglione, a retired police officer. Murders are always frightening, but when allegedly committed by people entrusted with the safety of others, it is all the more disturbing.”

 

FBI Assistant Director-in-Charge William F. Sweeney Jr. stated: “The FBI and our law enforcement partners in this investigation are following leads wherever they take us, and we will continue to search out any information that will help us solve the case. We are purposefully methodical, and careful about gathering facts and evidence, and we won’t stop until we bring to justice all of those responsible for the murders of these four men.

 

NYSP Superintendent George P. Beach II said: “I praise the work of law enforcement in bringing these two suspected men to justice. Illicit drugs can not only be fatal to their users, but the crimes that surround these illegal operations are deadly and dangerous to our communities. With these two alleged actors charged, dangerous drugs are not making it to our streets, and those streets are now safer. The State Police pledge to continue to work and partner with other law enforcement agencies. The work we are doing will make a difference in the lives of the people we serve.

 

As alleged in the Indictment filed today in White Plains federal court[1]:

 

From at least in or about June 2015 up to and including April 2016, NICHOLAS TARTAGLIONE, JOSEPH BIGGS, and others conspired to sell five kilograms or more of cocaine. In April 2016, NICHOLAS TARTAGLIONE and JOSEPH BIGGS participated in the killing of Martin Luna, Urbano Santiago, Miguel Luna, and Hector Gutierrez in furtherance of that cocaine distribution conspiracy. Specifically, on April 11, 2016, TARTAGLIONE and BIGGS lured Martin Luna to a bar called the Likquid Lounge in Chester, New York under false pretenses, where he was held captive and killed. The other three victims – Urbano Santiago, Miguel Luna, and Hector Gutierrez – accompanied Martin Luna to the bar, where they were then held captive, shot, and killed.

 

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JOSEPH BIGGS, 55, of Nanuet, New York, was taken into federal custody this morning. BIGGS was presented in White Plains federal court today before U.S. Magistrate Judge Judith McCarthy and ordered detained. His case has been assigned to United States District Judge Kenneth M. Karas. NICHOLAS TARTAGLIONE was previously arrested on December 19, 2016, and has been detained in federal custody since that date.

 

A chart containing the charges and maximum penalties the defendants face is attached. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

 

Mr. Kim praised the outstanding investigative work of the FBI, the New York State Police, and the Village of Chester Police Department. Mr. Kim also thanked the City of Middletown Police Department for its assistance in the case.

 

This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Maurene Comey and Michael Gerber are in charge of the prosecution.

 

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

 

United States v. Nicholas Tartaglione and Joseph Biggs, S3 16 Cr. 832 (KMK)

 

COUNT

CHARGES

MAXIMUM PENALTIES

1

Conspiracy to distribute and possess with intent to distribute 5 kilograms or more of cocaine.

Life in prison

Mandatory minimum:
10 years in prison

2

Murder of Martin Luna in furtherance of a conspiracy to distribute 5 kilograms or more of cocaine.

Life in prison or death

Mandatory minimum:
20 years in prison

3

Murder of Urbano Santiago in furtherance of a conspiracy to distribute 5 kilograms or more of cocaine.

Life in prison or death

Mandatory minimum:

20 years in prison

4

Murder of Miguel Luna in furtherance of a conspiracy to distribute 5 kilograms or more of cocaine.

Life in prison or death

Mandatory minimum:

20 years in prison

5

Murder of Hector Gutierrez in furtherance of a conspiracy to distribute 5 kilograms or more of cocaine.

Life in prison or death

Mandatory minimum:

20 years in prison

6

Use of a firearm in furtherance of drug trafficking crime resulting in the death of Urbano Santiago.

Life in prison or death

 

Mandatory minimum:

10 years in prison

7

Use of a firearm in furtherance of drug trafficking crime resulting in the death of Miguel Luna.

Life in prison or death

 

Mandatory minimum:

10 years in prison

8

Use of a firearm in furtherance of drug trafficking crime resulting in the death of Hector Gutierrez.

Life in prison or death

 

Mandatory minimum:

10 years in prison

9

Kidnapping conspiracy.

Life in prison

10

Kidnapping resulting in the death of Martin Luna.

Life in prison or death

 

Mandatory minimum:

Life in prison

11

Kidnapping resulting in the death of Urbano Santiago.

Life in prison or death

 

Mandatory minimum:

Life in prison

12

Kidnapping resulting in the death of Miguel Luna.

Life in prison or death

 

Mandatory minimum:

Life in prison

13

Kidnapping resulting in the death of Hector Gutierrez.

Life in prison or death

 

Mandatory minimum:

Life in prison

14

Travel or use of interstate facility with intent to commit crime of violence, resulting in death of Martin Luna.

Life in prison

15

Travel or use of interstate facility with intent to commit crime of violence, resulting in death of Urbano Santiago.

Life in prison

16

Travel or use of interstate facility with intent to commit crime of violence, resulting in death of Miguel Luna.

Life in prison

17

Travel or use of interstate facility with intent to commit crime of violence, resulting in death of Hector Gutierrez.

Life in prison

 

 

[1]As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.


Cleveland man sentenced to jail and ordered to repay $205,000 stolen from taxpayers

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A Cleveland man was sentenced to nine months in jail after illegally receiving more than $205,000 in Veterans Affairs benefits over a decade, said Acting U.S. Attorney David A. Sierleja and Gavin McClaren, Resident Agent in Charge of the Department of Veterans Affairs, Office of Inspector General’s Cleveland office.

 

Leon Pinckney, 62, was issued a Social Security Number (SSN) in 1969, which he used to obtain a driver’s license and enlist in the military. In 1984, he fraudulently obtained a second SSN, which he used to obtain another driver’s license.

 

In 2005, Pinckney used the first SSN to apply for pension benefits from the U.S. Department of Veterans Affairs. He was awarded benefits based on his false statement that he was unable to work and had no income. However, from 2005 through 2012, Pinckney continued to work, using the second SSN. In October 2012, he applied for and was approved for Social Security disability benefits under the second SSN, according to court documents.

 

Overall, Pinckney stole approximately $205,534 from the VA by concealing the other income he was receiving under the second SSN. U.S. District Judge Christopher Boyko ordered Pinckney to repay the full amount.

 

“This defendant deserves to be locked up after more than a decade of stealing from the public,” Sierleja said.

 

“Pension fraud takes money from vulnerable veterans, leaving taxpayers with the bill,” McClaren said.

 

The U.S. Department of Veterans Affairs Office of the Inspector General and the Social Security Administration Office of the Inspector General conducted the investigation. The case is being prosecuted by Special Assistant U.S. Attorney Lisa J. Sanniti.

Amherst Man Charged With Witness Intimidation And Extortion Of A Local Physician And His Family

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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 Gary Drago, 56, of Amherst, NY, was arrested and charged by criminal complaint with intimidation of a witness, and making a threatening communication to extort money. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the complaint, on May 15, 2017, the FBI received a complaint from an individual (Victim 1) that the defendant was engaged in extortion with death threats against her and her husband (Victim 2). During an interview in the morning on May 19, 2017, the victims told special agents that Drago has been extorting Victim 2, a physician, and his medical practice for approximately four years. The complaint states that the defendant initially asked for smaller amounts of money in the form of loans, which he never repaid. Eventually, Victim 2 claims that Drago forcibly coerced him to enter into a business relationship and since that time, the defendant has consistently abused and threatened Victim 2 and his family. The alleged abuse included Drago forcing Victim 2 to withdrawal large sums of money.

On the afternoon of May 19, 2017, the defendant went to a medical office on Wehrle Drive in Williamsville, NY, where Victim 2 is employed. After talking with an employee in the parking lot, that employee went inside and ordered all patients in the building into the reception area, and all employees into the front office area. Drago then went inside and walked out with Victim 2 with his hand on Victim 2's neck. The complaint states that the defendant told patients that Victim 2 was done seeing patients for the day. As the two walked outside, Drago told Victim 2 to get in the car. 

In the evening of May 19, 2017, Victim 1 called the FBI and stated that she received a call from her husband who said he would not be coming home that night, and was being threatened by Drago. A special agent contacted Victim 2 by phone who stated, "everything is fine" and that what he and his wife previously told the FBI was "all a bunch of lies." Victim 2 terminated the call abruptly.

At approximately 9:05 p.m. that evening, law enforcement officers stopped Victim 2 and Drago’s vehicles, who at the time were traveling in separate vehicles. Victim 2 stated, "I was in fear of my life and my family's life and I did exactly what he told me to do.” The defendant was arrested the following day on May 20, 2017.

Drago made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The 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 Amherst Police Department, under the direction of Chief John Askey; and the New York State Police, under the direction of Major Steven Nigrelli.

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.

Justice Department Settles Disability-Based Housing Discrimination Lawsuit With City Of Jacksonville

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Jacksonville, FL – The Justice Department today announced a settlement with the city of Jacksonville, to resolve allegations that the city violated the Fair Housing Act and the Americans with Disabilities Act when it refused to allow the development of permanent supportive housing for individuals with disabilities in its Springfield neighborhood.

 

The settlement, which must still be approved by the U.S. District Court for the Middle District of Florida, resolves a lawsuit the department filed in December 2016. That lawsuit was consolidated with similar ones brought by Ability Housing, Inc. and Disability Rights Florida, which were resolved in a separate settlement with the city.

 

“Federal law protects the right of individuals with disabilities to live in communities of their choice without facing discrimination,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Through this settlement, the city of Jacksonville has taken steps to ensure that its residents can exercise this right.”

 

“The Fair Housing Act and the Americans with Disabilities Act protect against official adoption of community discrimination,” said Acting U.S. Attorney W. Stephen Muldrow, of the Middle District of Florida. “We commend the city of Jacksonville’s willingness to rectify its past actions, and we look forward to continuing to work with the city to ensure that individuals with disabilities in Jacksonville are afforded the same opportunities as those without disabilities.”

 

As part of the city’s settlement with the department, the city has amended its zoning code to better comply with federal anti-discrimination laws, including removing restrictions that apply to housing for persons with disabilities and implementing a reasonable accommodation policy. The city also agreed to rescind the written interpretation that prevented Ability Housing from providing the housing at issue, designate a fair housing compliance officer, provide Fair Housing Act and Americans with Disabilities Act training for city employees, and pay a civil penalty to the government of $25,000. In the separate settlement, the city agreed to pay $400,000 to Ability Housing and $25,000 to Disability Rights Florida, and to establish a $1.5 million grant to develop permanent supportive housing in the city for people with disabilities.

 

The department’s suit alleged that in 2014, Ability Housing received a $1.35 million grant from Florida to revitalize a 12-unit apartment building and create permanent supportive housing for “chronically homeless” individuals in Jacksonville who, by definition, have at least one disability. Ability Housing specifically intended to provide this housing to veterans and to connect them with optional support services. The city had previously certified that Ability Housing’s development of the property was consistent with the city’s zoning code but, as alleged in the department’s complaint, reversed itself in response to intense community pressure based on stereotypes about the disabilities of the expected residents. As a result, Ability Housing lost the grant and the property. The department conducted an independent investigation and subsequently filed this lawsuit.

 

Fighting illegal housing discrimination is a top priority of the Justice Department. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Title II of the Americans with Disabilities Act prohibits discrimination on the basis of disability by public entities. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov or contact HUD at 1-800-669-9777.

Chesterfield Township Supervisor and Macomb Township Trustee Plead Guilty to Demanding and Taking Bribes

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Two elected officials pleaded guilty today on charges of demanding and taking bribes in exchange for their official acts in connection with a municipal contract, Acting United States Attorney Daniel Lemisch announced.

 

Lemisch was joined in the announcement by FBI Special Agent in Charge David P. Gelios andManny J. Muriel, Special Agent in Charge, Internal Revenue Service-Criminal Investigation, Detroit Field Office.

 

Pleading guilty were former Chesterfield Township Supervisor Michael Lovelock, 57, of New Baltimore, and former Macomb Township Trustee Clifford Freitas, 43, of Macomb Township.

 

According to court records Lovelock, from approximately 2010 through 2016, demanded and accepted money from a municipal vendor in exchange for using his official position as Chesterfield Supervisor to (1) secure an extension of a contract the vendor had with the township, (2) put past due accounts of the vendor on the Chesterfield tax rolls so as to assist the vendor in getting paid by township residents, (3) obtain payment from Macomb County for the vendor for its work on flood damage that occurred in August 2014; and (4) provide a favorable reference for the vendor for other municipalities and so that Lovelock would not speak negatively about the vendor. In total, Lovelock accepted over $30,000 in cash from the vendor’s representative. In addition, Lovelock accepted two other bribe payments totaling $4,000 in cash from an undercover agent of the FBI and an individual cooperating in the investigation.

 

Clifford Freitas pleaded guilty to demanding and accepting money in exchange for his official acts as a Macomb Township Trustee. According to court records, Freitas demanded and accepted money from a municipal vendor in exchange for using his official position as a Trustee to get the vendor a municipal contract and to secure favorable terms for the company. In July 2015, Macomb Township put out a request for proposal for a municipal contract. Soon thereafter, Freitas approached a representative of a prospective vendor, and Freitas demanded money in return for Freitas’ support as a Trustee. Freitas agreed to accept $7,500 from the vendor in return for his assistance in getting the contract. Through his position as a Trustee, Freitas obtained sensitive bid information on the municipal contract in order to help the vendor, telling the vendor what bid was needed to beat out competing contractors. After the vendor was awarded the contract by Macomb Township, Freitas demanded an additional $35,000 from the company representative for his additional assistance as a public official relating to the contract.

 

Each face a statutory maximum penalty of ten years in prison and a fine of up to $250,000. Sentencing has been set for October 5, 2017 at 1:30 pm in Port Huron

 

This investigation is being conducted by the FBI Detroit Area Corruption Task Force, a multiagency task force led by the FBI Detroit Division and comprised of the Internal Revenue Service – Criminal Investigation Division, Michigan State Police, Michigan Attorney General’s Office, and several other local and federal law enforcement agencies. It is being prosecuted by Assistant United States Attorneys R. Michael Bullotta and David A. Gardey.

Man Sentenced to 24 Years' Imprisonment for Armed Robbery

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jordan Akeem McDaniel, 28, of St. Stephen, South Carolina, was sentenced to a total of two hundred and eight-eight months imprisonment for the armed robbery of Orvin’s Insurance Agency in St. Stephens.  McDaniel pled guilty in November 2015, to one count of Robbery Affecting Interstate Commerce and one count of Brandishing a Firearm in Furtherance of a Crime of Violence.   The Robbery charge carries up to 20 years imprisonment; the Brandishing charge carries a mandatory sentence of 7 years imprisonment, to be served consecutive to any other sentence. 

Information presented at McDaniel’s guilty plea established that McDaniel waited outside Orvin’s Insurance Agency around closing time, and when an employee exited the business McDaniel forced him back in at gunpoint.  There, he forced the employee to the floor and held other employees at gunpoint.  McDaniel then took cash and checks that were kept at the business.  Information at McDaniel’s sentencing established that McDaniel had been released from prison in June 2012.  Three months after his release, McDaniel committed Voluntary Manslaughter in September 2012, and then two months later, in December 2012, committed the armed robbery of Orvin’s Insurance Agency.  United States District Judge Richard M. Gergel imposed the sentence.

The conviction and sentence are the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Berkeley County Sheriff’s Office.  Assistant United States Attorney Nathan Williams of the Charleston office prosecuted the case.         

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