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Former Cartersville Police Officer charged with obstructing an FBI Drug Trafficking Investigation

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ROME Ga. - Bryson-Taylor Wayne Banks, 31, of Cartersville, Georgia, has been arraigned on multiple federal charges, including unlawfully accessing a law enforcement database and disclosure of confidential information. Banks was a Cartersville Police Officer who was assigned to a DEA task force and allegedly used his access to law enforcement databases to alert an informant and drug traffickers to an active federal investigation.

 

“The defendant allegedly used his position to tip off drug traffickers to an active FBI investigation,” said U.S. Attorney John A. Horn. “His conduct is shocking, especially from someone sworn to uphold the law. Leaks of sensitive investigative information undermined the hard work of law enforcement officers and put them in real danger.”

 

“The federal investigation and its subsequent federal charges in this matter was unfortunate but necessary. A separate extensive and intensive federal investigation was clearly being negatively impacted by someone who was believed to be a law enforcement officer with inside information. The resulting investigation alleged that this officer was Cartersville P.D. Officer Banks who will now have to answer to these very serious allegations in a U.S. District Court,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.

 

Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division said of the case, "This Cartersville police officer, assigned to the DEA Task Force, was sworn to uphold the law and protect the public from harm. Instead, he violated his oath by unlawfully accessing a law enforcement database and disclosing confidential information. Thanks to the dedicated law enforcement officers and the U.S. Attorney’s Office who worked tirelessly to make this investigation a success.”

 

“The Cartersville Police became aware of these allegations, and immediately initiated an internal investigation. Within two weeks, of the start of the investigation, Officer Bryson Taylor Banks was terminated for issues related to conduct, over two years ago. The Cartersville Police Department has been in full cooperation with all agencies involved pertaining to this investigations conclusion,” said Lieutenant Michael Bettikofer, Public Information Officer, Cartersville Police Department.

 

According to U.S. Attorney Horn, the charges, and other information presented in court: From October 2008 until August 2015, Banks served as a Cartersville Police Officer. As a law enforcement officer, Banks used a confidential informant who provided Banks with inside information about several drug traffickers.

 

In 2014, however, Banks allegedly began giving the informant information from a confidential law enforcement database, which allowed the informant to warn drug traffickers about the presence of law enforcement. Furthermore, in 2014 and 2015, the FBI was investigating a drug trafficking organization, which included an inmate in a Georgia state prison who was using contraband cellular telephones to coordinate drug deals. In July 2015, the FBI obtained court authorization to wiretap two of the inmate’s cellular telephones. On multiple occasions, the inmate was intercepted discussing drug trafficking activities with fellow drug trafficker Tomas Pineda Mendoza.

 

On the morning of August 11, 2015, the FBI informed Banks of its wiretap investigation of the inmate, including the fact that the inmate was arranging for the distribution of two kilograms of methamphetamine to Mendoza to occur at 2:00 p.m. that same day. Following this conversation, Banks allegedly warned his informant to advise Mendoza not to pick up drugs that day, and if he did, he would go to jail. Banks then disclosed the FBI wiretap of the inmate’s phones to his informant. Later that day, the FBI intercepted communications which revealed that the inmate had learned of the wiretap. The inmate then discontinued the use of his telephones, and the FBI investigation was compromised.

 

Banks has been charged as follows:

 

  • Unlawful Notification of Electronic Surveillance;

  • Unlawful Disclosure of Wire, Oral, or Electronic Communications;

  • Use of a Communication Facility in Causing or Facilitating the Commission of Felonies Under the Controlled Substances Act;

  • Misprision of a Felony;

  • Unlawfully Accessing a Law Enforcement Database; and

  • Disclosure of Confidential Information.

 

The indictment also alleges that in July 2015, Banks sent his informant a photograph of another law enforcement confidential informant. Banks advised his informant to stay away from that individual because they worked with law enforcement.

 

Bryson-Taylor Wayne Banks, 31, of Cartersville, Georgia, was arraigned before U.S. Magistrate Judge Walter E. Johnson. Banks was indicted by a federal grand jury on June 27, 2017.

 

Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

 

This case is being investigated by the Federal Bureau of Investigation.

 

Assistant U.S. Attorney Michael Herskowitz is prosecuting the case.

 

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.


Ponderay Man Sent to Prison on Federal Child Pornography Charge

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COEUR D’ALENE – Aragon Miller, 43, of Ponderay, was sentenced yesterday in United States District Court to 57 months in prison, followed by ten years of supervised release, and a $5100 special assessment, for possession of child pornography, Acting U.S. Attorney Rafael Gonzalez announced. Miller pleaded guilty on March 1, 2017.

According to the plea agreement and statements made in court, as far back as 2014, law enforcement officers observed that a computer in the Sandpoint area was making images of children engaged in sexually explicit conduct available on the internet. Based upon this evidence, members of the Idaho Internet Crimes Against Children Task Force were able to determine that the computer was located in the defendant’s Ponderay residence and obtained a state search warrant. Miller was present during the search. He admitted that he used the internet and child pornography search terms, to download images he knew were illegal. When agents examined a computer seized from Miller’s residence they recovered 169 images and 21 videos of minors engaged in sexually explicit conduct. Miller also used software to delete these images after he viewed them.

Senior United States District Court Judge Edward J. Lodge also ordered Miller to forfeit a hard drive he used during the commission of the crime and to pay $5000 in restitution to a child depicted in several images that Miller possessed. Miller will be required to register as a sex offender because of his conviction.

This case was investigated by the Idaho Internet Crimes Against Children Task Force, a coalition of federal, state, and local law enforcement agencies who investigate and prosecute individuals who use the internet to criminally exploit children.

The case was brought as a 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 the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources”

Merrick Doctor Indicted For The Overdose Deaths Of Two Nassau County Residents And Illegal Distribution Of Oxycodone To An Undercover Police Officer

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An indictment was returned late yesterday in the United States Court for the Eastern District of New York chargingMichael Belfiore, a Merrick, New York, doctor, with two counts of illegal distribution of oxycodone causing the deaths of two Nassau County residents, Edward Martin and John Ubaghs, and 26 counts of illegal distribution of oxycodone. The defendant is scheduled to be arraigned tomorrow at 10:00 a.m. before United States District Judge Joseph F. Bianco at the federal courthouse in Central Islip, New York.

 

The charge was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration, New York, and Thomas C. Krumpter, Acting Commissioner, Nassau County Police Department.

 

“As alleged in the indictment, Dr. Belfiore’s illegal distribution of oxycodone tragically caused the overdose deaths of two young men,” stated Acting Unitied States Attorney Rohde. “Medical professionals who issue prescriptions without a legitimate medical purpose are violating the law andwill be held accountable, especially when they cause the death of the very patients they have a duty to heal.” Ms. Rohde extended her grateful appreciation to each of the law enforcement agencies for their assistance in this case. The case was investigated by the DEA Tactical Diversion Squad-Long Island District Office (TDS-LIDO), comprised of agents and officers of the DEA, Nassau County Police Department, Suffolk County Police Department, Port Washington Police Department, Rockville Centre Police Department, and the Internal Revenue Service.
 

“We hope the message is clear that law enforcement is zeroed in on opioid traffickers, whether a dealer, or a doctor,” stated Special Agent-in-Charge Hunt. “There is no excuse for medical professionals to engage in drug dealing, especially when that dealing ends lives.”

 

"The indictment of Dr. Belfiore during this multi-jurisdictional investigation is another reminder that we all have to continue to enforce the laws that will make society safer,” said Commissioner Krumpter. “These illegally prescribed drugs are detrimental to all and we need to continue to arrest the individuals responsible for their distribution.”

 

Oxycodone is a scheduled controlled substance that may be dispensed by medical professionals only for a legitimate medical purpose in the usual course of a doctor’s professional practice. It is a powerful and highly addictive drug and is increasingly abused because of its potency when crushed into a powder and ingested, leading to a heroin-like euphoria.

 

The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces a mandatory minimum sentence of 20 years’ imprisonment and a $10 million fine.

 

This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this jurisdiction, the Nassau and Suffolk County Police Departments, the New York City Police Department, and New York State Police, along with other key federal, state, and local government partners, launched the Prescription Drug Initiative to mount a comprehensive response to what the United States Department of Health and Human Services’ Centers for Disease Control and Prevention has called an epidemic increase in the abuse of so-called opioid analgesics. So far, the Prescription Drug Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 15 health care professionals; taken civil enforcement actions against a hospital, a pharmacy, and a pharmacy chain; removed prescription authority from numerous rogue doctors; and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.

 

The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Lara Treinis Gatz and Charles N. Rose are in charge of the prosecution.

 

The Defendant:

Name: MICHAEL BELFIORE

Age: 51

Residence: Westbury, New York

Guatemalan National Charged with Illegal Reentry After Deportation

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BOSTON - A Guatemalan national was charged today in federal court in Boston with illegally reentering the United States after being deported.

Noe Estuardo Castaneda Marroquin, 31, was charged today with one count of illegal reentry after deportation. Castaneda Marroquin was previously deported on May 19, 2005. On June 12, 2017, law enforcement encountered Castaneda Marroquin in Barnstable and determined him to be illegally present in the United States.

Castaneda Marroquin faces a sentence of no greater than two years in prison, one year of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Weinreb’s Major Crimes Unit is prosecuting the case.

Portland Company Sentenced for Lacey Act Violations

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Portland, Maine: Acting United States Attorney Richard W. Murphy announced that ISF Trading Company (“ISF”) of Portland, was sentenced yesterday in U.S. District Court by Judge John A. Woodcock, Jr. to one year of probation for violating the Lacey Act. ISF was also fined $552,500 and ordered to forfeit $297,500. The Lacey Act is a federal law that prohibits trade in wildlife that has been illegally taken, possessed, transported or sold.

ISF is a Maine company engaged in the business of buying seafood, including live sea urchins, from Maine and Canadian suppliers, processing that seafood, and selling it to domestic and foreign, mostly Asian, markets. According to court records, ISF bought Canadian sea urchins from a Canadian supplier, TGK Fisheries of Grand Manan that was not authorized under Canadian law to export them to the United States. ISF brought them across the Calais Port of Entry under the false label of another Canadian supplier, Matthews Seafood (“Matthews”) of New Brunswick, Canada. At times, Matthews was authorized to export them. On seven occasions between December 31, 2010 and February 1, 2011, ISF illegally imported a total of about 48,000 pounds of sea urchins, whose processed roe was worth at least $172,800, from TGK through Calais under the Mathews label. The scheme was discovered in February 2011, when ISF attempted to import 8,000 pounds of sea urchins, using an invoice in the name of Matthews. A U.S. Customs and Border Protection Officer became suspicious when he noticed that the totes containing the sea urchins did not have the labels required by law.

In pronouncing sentence, Judge Woodcock observed that ISF’s actions violated laws in two countries that were designed to protect the environment, marine resources and food safety. Those actions took advantage of the good faith of the citizens of those two countries and merited a significant penalty.

James Landon, Director of NOAA's Office of Law Enforcement stated that "illegal imports of fish or fish products harm honest fishermen, undercut importers and exporters who follow the law, and distort fair trade. OLE will continue to work with our counterparts at the Canadian Border Services Agency, Canadian Food Inspection Agency and Fisheries and Oceans Canada to combat illegal importation of fish or fish products across the US-Canada border."

The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the National Oceanographic and Atmospheric Administration’s Fisheries Enforcement, with assistance from U.S. Customs and Border Protection’s Office of Field Operations, the Canadian Border Services Agency, the Department of Fisheries and Oceans Canada, and the Canadian Food Inspection Agency.

Dominican National Charged with Illegal Reentry After Deportation

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BOSTON - A Dominican national was charged today in federal court in Boston with a federal immigration crime.

Emerson Geraldo Garcia Alvarez, 35, was charged today with one count of illegal reentry after deportation. Garcia Alvarez was previously deported on June 17, 2014. On May 31, 2017, law enforcement encountered Garcia Alvarez in Boston and determined him to be illegally present in the United States.

Garcia Alvarez faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Weinreb’s Major Crimes Unit is prosecuting the case.

 

 

Ringleader of a Multi-Million Dollar Federal Prison Sentencing Reduction Fraud Scheme Sentenced to More Than 19 Years in Prison

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Alvin James Warrick, 40, of Beaumont, Texas, and Colitha Patrice Bush, 36, of Port Arthur, Texas were sentenced today in Miami, Florida, by U.S. District Judge Joan Lenard of the Southern District of Florida, to 235 months and 96 months in prison, respectively, with an order for a forfeiture money judgment in the amount of over $4.4 million to follow. Warrick and Bush previously pled guilty to wire and mail fraud conspiracy charges in connection with a federal prison sentencing scheme that targeted federal inmates and their families in Miami-Dade County and elsewhere by promising them assistance in obtaining a Rule 35 sentencing reduction, in exchange for money.

Rule 35 of the Federal Rules of Criminal Procedure allows the court, upon the government’s motion, to reduce a defendant’s sentence if the defendant is found to have provided substantial assistance in investigating or prosecuting another person. Neither the government nor the court system charges inmates or their relatives a fee for requesting a sentencing reduction when an inmate provides substantial assistance.

Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Robert A. Bourbon, Special Agent in Charge, Department of Justice, Office of the Inspector General (DOJ-OIG), and Perrye K. Turner, Special Agent in Charge, Federal Bureau of Investigation (FBI), Houston Field Office, made the announcement.

According to court documents, from 2009 through September 7, 2016, Warrick, Bush, Shepherd, and others held themselves out as owners and operators of Private Services, a company that reportedly worked with a network of informants and law enforcement personnel to identify and provide information and third party cooperation that could be credited to federal inmates in Rule 35 proceedings. Using aliases such as “Peter Candlewood,” “Diane Lane,” and “Diane Rice,” the defendants repeatedly targeted federal inmates and their families by phone, text, email, mail, and in-person meetings, during which they promised that they could provide substantial assistance services, which would be used to help secure the early release of the inmates. In return, the defendants required relatives of the federal inmates to make periodic payments via cash, check, wire, Western Union, and MoneyGram, in order for the third party cooperation process to supposedly begin. Overall, more than $4.4 million was paid to the defendants by at least twenty-two victims, several of whom addressed the Court during Warrick and Bush’s sentencing hearing.

As part of the scheme, Warrick and Bush also provided fake invoices and fraudulent documents allegedly showing signed agreements between various U.S. Attorney’s Offices, including the Eastern District of New York and the Southern District of New York, and a company affiliated with Private Services. In fact, the agreements were fake, the prosecutors’ signatures were forged, and no substantial assistance was ever provided on behalf of these inmates. Instead, Warrick, Bush and Shepherd simply received payments from relatives of federal inmates, and used the fraudulently obtained funds for their personal use and benefit, including the purchase of luxury automobiles, vacations, and gambling activities.

In addition to their sentences for the Southern District of Florida matter (Case No. 16-CR-20698-JAL), Warrick and Bush were also sentenced in a related case originally brought in the Eastern District of Texas, and subsequently transferred to Florida (Case No. 17-CR-20194-JAL). On May 24, 2017, co-conspirator Roland Bennett Shepherd, 32, of Houston, Texas, was also sentenced by U.S. District Judge Joan Lenard of the Southern District of Florida to 28 months’ imprisonment, after having previously pled guilty to a single charge of conspiracy to commit mail fraud and wire fraud, in connection with his participation in the multi-year sentencing reduction fraud scheme.

Mr. Greenberg commended the investigative efforts of the DOJ-OIG, the FBI, the Houston Police Department, and the U.S. Attorney’s Offices in the Eastern District of New York, Northern District of New York, Southern District of New York, Eastern District of Texas, and Eastern District of Virginia, who provided significant and valuable support to this joint investigation. The Southern District of Florida case was prosecuted by Assistant United States Attorney Anne P. McNamara. The Eastern District of Texas case was jointly prosecuted by Assistant United States Attorneys Robert L. Rawls and Anne P. McNamara.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Man Sentenced to 24 Months in Prison for Cocaine Distribution

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St. Thomas, USVI – Acio Richards, 26, of St. Thomas, was sentenced today to 24 months in prison for cocaine distribution, Acting United States Attorney Joycelyn Hewlett announced. District Court Judge Curtis V. Gomez also sentenced Richards to three years of supervised release.

On February 27, 2017, Richards pleaded guilty to three counts of cocaine distribution. According to the plea agreement filed in court, Richards admitted to distributing cocaine to an undercover agent on three different occasions in November 2016. Richards further admitted that during the third transaction, he exchanged a purported half-ounce of cocaine for a Glock pistol.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Meredith J. Edwards.


Member of Sunland Park Heroin Trafficking Ring Sentenced for Federal Heroin Trafficking Conviction

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ALBUQUERQUE – Carlos Diaz., 37, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., for his conviction on heroin trafficking charges resulting from a DEA-led investigation targeting a heroin trafficking ring operating out of Sunland Park, N.M. Diaz was sentenced to an 18-month term of imprisonment followed by three years of supervised release.

 

The DEA’s investigation targeted a heroin trafficking organization led by Raymundo Munoz, 69, of Sunland Park, N.M., that obtained its heroin from Juan Francisco Rivera, 60, of El Paso, Texas. The investigation 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.

 

Ten members of the heroin trafficking ring were charged in July 2016, in a 30-count indictment with participation in a heroin trafficking conspiracy and a series of substantive heroin trafficking offenses. The indictment charged all ten defendants with conspiring to distribute heroin in Doña Ana County and elsewhere between May 8, 2016 and July 12, 2016. It also included 23 counts charging certain defendants with distributing heroin or possessing heroin with intent to distribute and six counts charging certain defendants with using communications devices (telephones) to facilitate heroin trafficking crimes.

 

According to the indictment, Rivera routinely supplied Muñoz with heroin, in quantities ranging from two to nine ounces, which was smuggled by couriers into the United States across the international border in El Paso. Muñoz took the heroin to his Sunland Park residence where he distributed the drugs to others. Members of the conspiracy used telephones to negotiate their heroin deals, arrange for heroin deliveries, and pay for the heroin.

 

On Jan. 24, 2017, Diaz pled guilty to Count 1 of the indictment charging him with conspiracy to possess heroin with intent to distribute. In entering the guilty plea, Diaz admitted that on May 13, 2016, he asked a male individual on the phone to obtain two ounces of heroin for Diaz from a source of supply in Mexico. Diaz further admitted that the male individual placed the order for heroin with the source of supply and a female courier smuggled the heroin across the border into the United States. Diaz then met the male individual and obtained the two ounces of heroin from him.

 

The following defendants previously entered guilty pleas in the case:

  • Alberto Lozano-Morales, 43, of Sunland Park, pled guilty on Dec. 6, 2016, and was sentenced on May 24, 2017 to time served followed by one year of supervised release;

  • Blanca Elisa Tovar, 42, of El Paso, Texas, pled guilty on Dec. 13, 2016, and faces a sentence of 24 months in prison under the terms of her plea agreement;

  • Juan Francisco Rivera pled guilty on Feb. 7, 2017, and faces a sentence of 108 months in prison under the terms of his plea agreement;

  • Armando Daniel Marquez, 54 of Sunland Park, N.M., pled guilty on Feb. 23, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement.

  • Munoz pled guilty on March 1, 2017, and faces a sentence of 72 months in prison under the terms of his plea agreement;

  • Eleodoro Sanchez, 62, of Canutillo, Texas, pled guilty on March 7, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement; and

  • Sandra Francis Guzman, 53, of El Paso, Texas, pled guilty on March 21, 2017, and faces a maximum sentence of 20 years under the terms of her plea agreement.

 

One of the two remaining co-defendants has entered a plea of not guilty to the charges in the indictment; the second has yet to be arrested and is considered a fugitive. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

 

The Las Cruces office of the DEA and Sunland Police Department investigated these cases with assistance from the El Paso office of the FBI, the U.S. Border Patrol, and the Gang Unit of the El Paso Police Department. Assistant U.S. Attorneys Dustin C. Segovia and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting these cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.

 

The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.

 

The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

Woman Sentenced to 11 Years in Prison for Hobbs Act Robbery and Related Gun Offenses

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St. Thomas, USVI – On June 26, 2017, District Court Judge Curtis V. Gomez sentenced Aracelis N. Ayala a/k/a "Gordita" a/k/a "Fluff," 34, of St. Croix, to 11 years in prison and five years of supervised release for Hobbs Act robbery and related gun offenses, Acting United States Attorney Joycelyn Hewlett announced. Judge Gomez also ordered Ayala to perform 400 hours of community service and pay a $300 special assessment.

On February 23, 2017, a federal jury found Ayala guilty of one count of Hobbs Act robbery, one count of conspiracy to commit Hobbs Act robbery, one count of brandishing a firearm during a crime of violence, and one count of robbery in the first degree.

According to the evidence presented at trial, Ayala and two men conspired to rob Signature Jewelers on August 19, 2015. Ayala provided cash, rented a vehicle, and secured hotel rooms on St. Thomas. During the robbery Ayala’s co-conspirators brandished a handgun to intimidate the store employees and used duct tape to bind and gag them before fleeing with cash and merchandise.

Other members of the conspiracy, Turrel Thomas, 21, and Raheem Miller a/k/a "Caesar," 24, pleaded guilty to Hobbs Act robbery and related firearm offenses. They were remanded to the custody of the U.S. Marshals Service, and are awaiting sentencing on July 5, 2017.

This case is the result of an investigation by the Federal Bureau of Investigation and the Virgin Islands Police Department. It was prosecuted by Assistant United States Attorneys Anna A. Vlasova and Sigrid Tejo-Sprotte.

Worcester Man Arrested as Part of a Federal and State Law Enforcement Firearms Takedown

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BOSTON – A Worcester man was arrested today as part of a coordinated federal and state effort that resulted in the arrests of nine individuals who have been charged with firearm-related offenses.

Steven Rivera, 24, was charged by complaint with one count of being a felon in possession of ammunition.  Rivera will be detained pending a hearing scheduled for July 13, 2017.

According to the complaint unsealed today, Rivera – who had previously been convicted of multiple felonies, including a drug-related offense – sold two handguns and numerous rounds of ammunition to a cooperating source in Worcester on Feb. 14, 2017.  One of the handguns had an obliterated serial number, and the other had been stolen.  The complaint also alleges that on Feb. 28, 2017, Rivera sold two other handguns and numerous rounds of ammunition to the same cooperating source.  In addition, during a recorded phone call, Rivera offered to sell heroin to the cooperating source and referenced that someone “almost dropped” from some particularly potent heroin.

Eight others were arrested on state charges as part of the investigation into gun and narcotics trafficking in the Worcester area. During the course of the investigation, law enforcement purchased nine guns from nine defendants, including several handguns, two shotguns, and an assault rifle with a 100-round capacity drum magazine; multiple rounds of ammunition; and narcotics. Law enforcement seized several more guns today during the sweep.

The charge of possessing ammunition after being convicted of a felony provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000.  Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Worcester County District Attorney Joseph D. Early Jr.; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney William F. Abely of Weinreb’s Worcester Branch Office is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 

Heroin and Methamphetamine Drug Trafficking Organization Dismantled in Bakersfield

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FRESNO, Calif. — A federal grand jury in Fresno indicted eight defendants today for their participation in a methamphetamine and heroin distribution conspiracy. U.S. Attorney Phillip A. Talbert and Special Agent in Charge John J. Martin of the Drug Enforcement Administration’s San Francisco Division made the announcement. The indictment charges Jose Luis Zambrano, 33; Juan Carlos Lopez, 28; Ruben Mojarro, 42; Adalberto Jacobo, 36; all of Bakersfield; Joel Melendez, aka Leonel Rodriguez, 33; Edgar Omar Rodriguez Parra, aka Jesus Burgos Luna, 36; and Alex Castro Portillo, 29, all Mexican nationals; and Manuel Teodoro Aros, 42, of Santa Maria; with conspiracy to distribute and possess with intent to distribute methamphetamine and heroin. Zambrano, Jacobo, Portillo, Parra, and Aros were also charged with other drug trafficking offenses, and Zambrano and Lopez were charged with firearm offenses. According to court documents, Zambrano was the head of a drug trafficking organization that from March 1, 2016, through June 16, 2017, imported and distributed large amounts of methamphetamine and heroin to the Bakersfield area and other locations. In order to intimidate others, protect their narcotics and cash, and enforce drug debts, some members of the organization carried firearms and wore protective body armor. On June 23, 2017, arrest and search warrants targeting the organization were executed and resulted in the seizure of narcotics. Zambrano, Lopez, Mojarro, Aros, and Jacobo, were arrested and remain in custody. Joel Melendez, Edgar Omar Rodriguez Parra, and Alex Castro Portillo are fugitives. This case is the product of an investigation by the Drug Enforcement Administration, the California Highway Patrol, and the Bakersfield Police Department with assistance from Kern County Probation Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Internal Revenue Service, Criminal Investigation. Assistant U.S. Attorney Brian K. Delaney is prosecuting the case. If convicted, all defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would 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. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Joel Melendez, aka Leonel Rodriguez, 33 years old

Fugitive Joel Melendez, aka Leonel Rodriguez

Alex Castro Portillo, 29 years of age
fugitive Alex Castro Portillo, 29
Edgar Omar Rodriguez Parra, aka Jesus Burgos Luna, 36 years of age
fugitive Edgar Omar Rodriguez Parra, aka Jesus Burgos Luna

 

Mexican Citizen Sentenced For Illegal Re-Entry into United States

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ALBANY, NEW YORK – Fausto Guzman Guzman, age 28, and a citizen of Mexico, was sentenced today to time served (31 days in jail) for illegally re-entering the United States.

The announcement was made by United States Attorney Richard S. Hartunian and Thomas P. Brophy, Acting Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).

As part of his guilty plea, Guzman admitted that he was a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on May 24, 2008.

On May 30, 2017, Guzman was arrested by ICE officers in Saratoga Springs, New York.

Following his sentencing, Guzman-Guzman was remanded to the custody of the Department of Homeland Security, which will place him into removal proceedings.

This case was investigated by ICE-ERO in Latham, New York, and prosecuted by Assistant United States Attorney Edward P. Grogan.

Former EMT And Volunteer Firefighter Charged With Production Of Child Pornography

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NEWARK, N.J. – An Iselin, New Jersey, man who worked as an emergency medical technician and volunteer firefighter was charged today with soliciting a child to take nude pictures of himself and send them online, Acting U.S. Attorney William E. Fitzpatrick announced.

Zachary Motta, 22, is charged by complaint with one count of sexual exploitation of children. He appeared in Newark federal court today before U.S. Magistrate Judge Steven C. Mannion and was detained.

According to the complaint:

Beginning in October 2016, Motta engaged in sexually explicit communications with a boy who told Motta that he was 12-years old. Over the course of their correspondence, Motta sent the minor victim images of himself in his EMT and firefighter uniforms and asked the boy to send him nude pictures. Motta warned the boy, “Just don’t get caught.” In response to Motta’s requests, the boy sent Motta nude images of his genitals on two occasions.

The charge of sexual exploitation of a child carries a mandatory minimum penalty of 15 years in prison, a maximum potential penalty of 30 years in prison and a $250,000 fine.

Acting U.S. Attorney Fitzpatrick credited special agents with the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and the Middlesex County Prosecutor’s Office, under the direction of Andrew C. Carey, with the investigation.

The government is represented by Assistant U.S. Attorney Danielle Alfonzo Walsman of the U.S. Attorney’s Office Criminal Division in Newark.

The charge and allegations in the complaint are merely accusations, and Motta is presumed innocent unless and until proven guilty.

Defense counsel: Assistant Federal Public Defender Carol Gillen

Previously Convicted Felon Sentenced to 46 Months in Federal Prison for Possessing Firearms

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          Concord, N.H.—John J. Farley, Acting United States Attorney for the District of New Hampshire, announced that Micky Garst, Jr., 26, previously of Manchester, New Hampshire, was sentenced to spend 46 months in federal prison for his possession of two stolen firearms.

          According to court documents and statements in court, on the morning of August 19, 2015, Manchester Police investigating a reported fight outside a pizza parlor encountered a large crowd, including the defendant and a female companion. After investigating the source of the conflict, officers asked to search the companion’s vehicle, and she consented. Located in the trunk was a Colt .45 handgun that had been reported stolen from a home in Manchester four days earlier. Blood samples from the scene of the theft were later confirmed by the state crime lab as a match with Garst. Later, in February 2016, Garst took a Ruger firearm from the home of an acquaintance. The firearm was recovered after Garst stashed it in the dumpster of a nearby convenience store. Garst is prohibited from possessing firearms under federal law as a result of a prior felony conviction.

          Garst, who pleaded guilty on March 16, 2017, will spend three years on supervised release after he is released from prison. Garst has been in state custody on a parole violation based on the above conduct since his arrest in March 2016. His federal sentence will run consecutive to his remaining undischarged time in state prison.

          This matter was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Manchester Police Department, with assistance from the New Hampshire State Police Forensic Laboratory. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case was prosecuted by Assistant U.S. Attorney Charles L. Rombeau.

 

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Misdemeanor Immigration Prosecutions – June 2017

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ALBANY, NEW YORK – The following is a summary of misdemeanor immigration prosecutions from June 2017:

Citizen of Russia Sentenced For Illegal Entry into United States

Denis Gennadyevich Kiselev, age 25, a citizen of Russia, was sentenced on June 6, 2017 to 22 days in jail following his guilty plea to illegally entering the United States. Kiselev admitted that on May 25, 2017, he walked across the border approximately 3 miles west of the Champlain Port of Entry, Champlain, New York, and that he walked south until he was stopped and arrested by Border Patrol Agents.

Citizen of Hungary Sentenced For Illegal Entry into United States

Zslot Mihaly, age 31, a citizen of Hungary, was sentenced on June 6, 2017 to 36 days in jail following his guilty plea to illegally entering the United States. Mihaly admitted that on May 24, 2017, he illegally crossed the border by boat on the St. Lawrence River near Hogansburg, New York, and was in the process of leaving the border area by car when he was arrested by Border Patrol Agents in Bombay, New York.

Citizen of United Kingdom Sentenced For Illegal Entry into United States

Michael B. Forster, a citizen of the United Kingdom, was sentenced on June 13, 2017 to time served (12 days in jail) following his guilty plea to illegally entering the United States. Forster admitted that on June 2, 2017, he crossed from Canada and into the United States by walking through a wooded area of the border, and was arrested by Border Patrol Agents after he crossed.

Citizen of Guatemala Sentenced For Illegal Entry into United States

Sergio Abrahan Arriaza-Morales, age 23, a citizen of Guatemala, was sentenced on June 27, 2017 to 15 days in jail following his guilty plea to illegally entering the United States. Arriaza-Morales admitted that on June 12, 2017, he walked across the border approximately 1 mile west of the Champlain Port of Entry, Champlain, New York, and that he continued walking until he was arrested by a Border Patrol Agent.

Citizen of Hungary Sentenced for Illegal Entry into United States

Mihaly Balazs, a/k/a Gabor Honved, age 32, a citizen of Hungary, was sentenced on June 29, 2017 to 45 days in jail and to pay a $500 fine following his guilty plea to illegally entering the United States. Balazs admitted that on May 27, 2017, he illegally entered the United States from Canada, without reporting for inspection, by taking a boat ride to a car that drove him to a motel in Fort Covington, New York,. Balazs also admitted to being picked up at the motel by a driver prior to his arrest by Border Patrol Agents in Westville, New York.

Texas Man Charged with Transporting Woman to Sex Traffic Her in Hobbs, New Mexico

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ALBUQUERQUE – Markell Quashan Sweargin, 19, of Lubbock, Tex., made his initial appearance in federal court in Las Cruces, N.M., on a criminal complaint charging him with transporting a person in interstate commerce for the purpose of forcing the person to engage in a commercial sex act. Sweargin remains in federal custody pending a preliminary hearing and detention hearing, both of which have yet to be scheduled.

 

The criminal complaint alleges that on June 14, 2017, officers of the Hobbs Police Department arrested Sweargin on state charges after responding to a domestic disturbance call from a woman (victim) who alleged that Sweargin strangled and assaulted her during an altercation arising from her refusal to engage in a sexual act with another man for money.

 

According to the criminal complaint, Sweargin, the victim and another person traveled from Lubbock to a hotel in Hobbs, N.M. Once in the hotel room, Sweargin allegedly attempted to coerce the victim into having sex with other men for money, and became angry when the victim refused. The complaint further alleges that when Sweargin and the other person left the hotel room, a man came to the room with the expectation of having sex with the victim. When the victim refused to have sex with him, the man departed the room after telling the victim that he had come in response to an advertisement on a webpage known to advertise prostitution services. The complaint alleges that when Sweargin returned to the hotel room, he was very angry because the victim did not have sex with the man in return for money, began to hit the victim, and blocked the door to the hotel room to prevent the victim or the third person from leaving. When Sweargin stepped away from the door, the victim and third person fled.

 

If convicted of the charge in the criminal complaint, Sweargin faces a mandatory minimum penalty of 15 years and a maximum penalty of life in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

This case was investigated by the Las Cruces office of the HSI and the Hobbs Police Department. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

Illinois Man Pleads Guilty to Attempting to Sexually Exploit Two Minors Over X-Box Live

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BOSTON – An Illinois man pleaded guilty yesterday in federal court in Springfield to two child exploitation charges. 

Zack Sawyer, 32, pleaded guilty to two counts of attempted sexual exploitation of minors before U.S. District Court Judge Mark G. Mastroianni, who scheduled sentencing for Sept. 21, 2017.

Around May 2010, Sawyer used X-Box Live to contact two 13 year-old boys in Hampshire County, Mass., and asked them both to send him nude photographs. When the first boy refused, Sawyer threatened to rape and kill him. Sawyer then asked the second boy, and when he, too, refused, Sawyer again threatened rape, adding that he had a drug that would paralyze people.

Sawyer also admitted to enticing a third minor boy in Loudon County, Va., to pose for a sexually explicit picture over the internet.  Sawyer met the boy while playing the online game Minecraft.  Sawyer also sent a sexually explicit picture of himself to the boy, and Sawyer continued to ask the boy for sexually explicit videos.

The charging statute provides for a mandatory minimum sentence of 15 years and a maximum of 30 years in prison, a mandatory minimum of five years and a maximum of a lifetime of supervised release, a fine of $250,000 and restitution. If the plea agreement is accepted by the Court, Sawyer will be sentenced to 15 years in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb; United States Attorney for the Eastern District of Virginia, Dana J. Boente; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Alex J. Grant of Weinreb’s Springfield Branch Office and Assistant U.S. Attorney Jay Prabhu of Boente’s Cybercrime Unit are prosecuting the case.

The case is brought as part of Project Safe Childhood.  In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse.  Led by U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.          

 

           

California Man Sentenced to 15 Years for Meth Conspiracy

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JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a California man was sentenced in federal court today for his role in a conspiracy to mail large quantities of methamphetamine to Columbia, Mo., for distribution.

Kameron Terrell Howard, 26, of Compton, Calif., was sentenced by U.S. District Judge Stephen R. Bough to 15 years in federal prison without parole.

On Jan. 19, 2017, Howard pleaded guilty to participating in a conspiracy to distribute methamphetamine. Co-defendants Melissa Guerra, 35, Jeremy Dennis Maxwell, 31, and his wife, Stephanie Anne Maxwell, 34, all of Columbia, and Calvanisha Yvette West, 28, of California, have also pleaded guilty to participating in the conspiracy and await sentencing.

Postal inspectors identified a suspicious parcel mailed from California to Guerra’s address on Nov. 6, 2015. After a drug canine alerted to the package, investigators found 444.8 grams of pure methamphetamine. A second suspicious parcel identified on the same day, mailed to a different address, contained almost 1.4 kilograms of pure methamphetamine.

Postal inspectors executed a controlled delivery of the first parcel on Nov. 10, 2015. When federal agents and the Boone County Sheriff’s Department Special Weapons and Tactics Team (SWAT) approached the residence, a co-conspirator who had just arrived ran to the front door of the residence, opened it, and shut the door behind him. SWAT members were unable to breach the door as it had been reinforced. SWAT members entered at another location. Guerra was apprehended inside the residence. Agents saw Howard and co-conspirators running out the back door of the residence attempting to evade law enforcement.

Approximately 30 minutes later, canine units with the Columbia Police Department were able to track Howard to a shed located inside a locked gate at a nearby residence and he was arrested.

A woman who lives at the address to which the second intercepted parcel was addressed reported to investigators that she was contacted by Howard prior to Nov. 6, 2015, and advised that a package was being sent to her residence.

West admitted that, following Howard’s arrest, and in an effort to have his cell phone locked and cause it to be unavailable to investigators, he called her and instructed her to contact Sprint and tell them that his iPhone, which had been seized by investigators, had been stolen. West also admitted that she accompanied Howard when he traveled to Columbia in September 2015 and assisted in the conspiracy.

This case is being prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the FBI, the U.S. Postal Inspection Service, the Columbia, Mo., Police Department and the Boone County, Mo., Sheriff’s Department.

DEA Task Force Investigation Dismantles Hartford-Based Heroin and Fentanyl Distribution Ring

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Deirdre M. Daly, United States Attorney for the District of Connecticut, Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, and Hartford Police Chief James C. Rovella announced that the following 13 individuals were arrested today on federal charges related to the distribution of heroin and fentanyl in the Hartford area and western Massachusetts.

JOEL CORDERO, 37, of Meriden
EDWIN REYES, 34, of Hartford
GISEL DE LA CRUZ, 43, of East Hartford
ANGEL DE JESUS-CONCEPCION, a.k.a. “Blue,” 40, of East Hartford
ANTHONY ACOSTA, 28, of New Britain
GABRIEL CORDERO, 30, of Hartford
ALEXANDER PENA, 25, of East Hartford
AMARILIS PIRELA, 38, of Springfield, Mass.
JONATHAN VELEZ, 23, of Springfield, Mass.
HENRY CARABALLO, 26, of Hartford
FERNANDO TOLENTINO, Jr., a.k.a. “Humacao,” 46, of Hartford
DAILY PENA, 39, of Hartford
ANGEL RIJO-CASTILLO, 41, of Guttenberg, N.J.

As alleged in criminal complaints and statements made in court, in October 2016, the Drug Enforcement Administration’s Hartford Task Force began an investigation of an organization that was trafficking large quantities of heroin, fentanyl and other narcotics in Connecticut and western Massachusetts. The investigation, which included court-authorized wiretaps, controlled purchases of narcotics and physical surveillance, revealed that members of the organization were receiving bulk quantities of heroin and fentanyl from out-of-state suppliers. They then stored, processed and packaged the heroin/fentanyl in multiple locations, including apartments located at 280 Collins Street in Hartford where some of the defendants also resided, and then distributed the drug in the Hartford area, and also the Springfield and Holyoke, Massachusetts area. A significant amount of drug trafficking activity occurred at Neighborhood Supermarket, located at 316 Farmington Avenue in Hartford.

During the investigation and in association with today’s arrests, law enforcement executed 12 search warrants in Connecticut and Massachusetts and seized approximately 20 kilograms of suspected heroin, most of which was packaged for resale in hundreds of thousands of bags. Investigators also seized numerous vials of Xylazine, which is a horse tranquilizer used by narcotics traffickers as a heroin additive. Seven firearms also were seized.

“The seizure of 20 kilos of heroin makes clear this was a major drug distribution operation in the Hartford area,” said U.S. Attorney Daly. “The opioid epidemic continues to destroy lives in every corner of Connecticut. In partnership with the DEA, and the state and local police, we will continue to prioritize the prosecution of these responsible for trafficking this deadly drug.”

“Opioid abuse is at epidemic levels across New England and those suffering from opioid addiction need access to treatment and recovery,” said Special Agent in Charge Ferguson. “But those responsible for distributing lethal drugs like fentanyl and heroin to the citizens of Connecticut need to be held accountable for their actions. Today’s seizure of pre-packaged suspected heroin and fentanyl is one of the largest in Connecticut and shows DEA’s commitment to aggressively pursue Drug Trafficking Organizations or individuals who distribute these poisons in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal partners and our strong relationship with the U.S. Attorney’s Office.”

The complaint charges the defendants with conspiracy to possess with intent to distribute and to distribute heroin, and possession with intent to distribute and distribution of heroin.

Following their arrests, the defendants appeared before U.S. Magistrate Judge Robert A. Richardson in Hartford and were ordered detained.

U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

The Drug Enforcement Administration’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments. Agencies assisting the investigation include the Federal Bureau of Investigation, U.S. Postal Inspection Service, U.S. Marshals Service and Connecticut State Police.

This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.

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