NEWARK, N.J. – A Rockland County, New York, man was sentenced today to 24 months in prison for his role in a conspiracy to rob a bar in Hawthorne, New Jersey, Acting U.S. Attorney William E. Fitzpatrick announced.

Oscar Avalos-Cortez, 23, of New City, New York, previously pleaded guilty before U.S. District Judge Jose L. Linares to an information charging him with conspiracy to commit Hobbs Act Robbery. Judge Linares imposed the sentence today in Newark federal court.

According to documents filed in this case and statements made in court:

On Dec. 25, 2015, Avalos-Cortez drove at least six conspirators to a bar in Hawthorne, where they forcibly robbed the bar and subsequently fled with approximately $200 in cash in Avalos-Cortez’s car.

In addition to the prison term, Judge Linares sentenced Avalos-Cortez to three years of supervised release.

Avalos-Cortez was originally charged with Wilbur Jonathan Barahona, 21, of Ridgewood, New Jersey, Guillermo Carrillo-Iraheta, 20, of Suffern, New York, Balmore Carrillo-Iraheta, 20, of Suffern, Juan Chiliseo-Vega, 20, of Suffern, and Jostin Reyes, 21, of Waldwick, New Jersey, in November 2016.

Chiliseo-Vega, Guillermo Carrillo-Iraheta and Reyes previously pleaded guilty in Newark federal court to three-count informations in connection with their involvement in the conspiracy to commit Hobbs Act Robbery, as well as a carjacking and kidnapping in which Avalos-Cortez was not involved. On July 7, 2017, Chiliseo-Vega was sentenced to 168 months in prison and Guillermo Carrillo-Iraheta was sentenced to 150 months in prison. Reyes is scheduled to be sentenced Oct. 18, 2017.

Balmore Carrillo-Iraheta was indicted by a federal grand jury on April 18, 2017, for his role in the conspiracy to rob the bar. The charges against Barahona for his role in the robbery, carjacking, and kidnapping are still pending. Both men are presumed innocent unless and until proven guilty.

Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, as well as the Ridgewood and Hawthorne Police Departments, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorneys Elaine K. Lou and Karen D. Stringer of the U.S. Attorney’s Office’s Criminal Division in Newark.

CHARLESTON, W.Va. - A Charleston man pleaded guilty today to a federal gun charge, announced United States Attorney Carol Casto. Markus Davis, 39, entered his guilty plea to a single-count indictment charging him with illegally possessing a firearm after being convicted of a felony.

Davis was pulled over on Virginia Street in Charleston on February 22, 2017. During the traffic stop, officers with the Charleston Police Department found a stolen, loaded Taurus handgun in his pants. Davis was prohibited from possessing any firearm under federal law because of previous felony convictions. Additionally, this is the second federal gun conviction for Davis. He was convicted for being a felon in possession of a firearm in 2011 in the United States District Court for the Southern District of West Virginia. He was also convicted of first degree robbery in 2004 in Kanawha County Circuit Court.

Davis faces up to 10 years in federal prison when he is sentenced on November 1, 2017.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Charleston Police Department. Assistant United States Attorney Haley Bunn is in charge of the prosecution. The plea hearing was held before United States District Judge Thomas E. Johnston.

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.

• Follow us on Twitter:SDWVNews

ALBUQUERQUE – Christopher Joshua Cortes, 32, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.

Cortes was arrested on April 17, 2017, on an indictment charging him with conspiring to distribute methamphetamine from March 13, 2016 through June 6, 2016, and distributing methamphetamine on June 6, 2016. According to the indictment, Cortes committed the offenses in Dona Ana County, N.M. The indictment included forfeiture provisions requiring Cortes to forfeit $6,500, the money involved in the drug transaction, to the United States.

During today’s proceedings, Cortes pled guilty to the indictment and admitted that he voluntarily agreed with others to distribute methamphetamine in Dona Ana County from about March 13, 2016 through June 6, 2016. Cortes further admitted distributing approximately 407 grams of methamphetamine to an undercover law enforcement agent on June 6, 2016.

At sentencing, Cortes faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Cortes remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by Homeland Security Investigations and is being prosecuted by Special Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office.

RENO, Nev.– A man was sentenced on Tuesday to 102 months in prison for armed robbery of a jewelry store located in the Summit Sierra mall, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.

Al Christopher Braxton Allen, 35, of Las Vegas, pleaded guilty on May 1, 2017, to one count of use of a firearm during and in relation to a crime of violence. United States District Judge Robert C. Jones presided over the sentencing hearing.

According to admissions made in the plea agreement, on Sept. 14, 2016, Braxton entered the DeVons Jewelry store in the Summit Sierra mall, brandished a Llama .357 caliber revolver, and demanded “All the Rolexes and Diamonds” several times to an employee. Allen stole a total of approximately 106 watches and jewelry with a value of $449,600. One of the stolen watches was equipped with a 3SI tracking device. After a review of the store’s surveillance video, law enforcement detained Allen, who matched the robbery suspect’s description, near the mall.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Reno Police Department. The case was prosecuted by Assistant U.S. Attorney Megan Rachow.

###

ALBUQUERQUE – Seven residents of Lea County, N.M., including four Mexican nationals, and a resident of Yuma, Ariz., are facing federal narcotics trafficking and money laundering charges as the result of a multi-agency investigation led by the DEA into a significant drug trafficking organization based in Hobbs, N.M., that allegedly imported methamphetamine and cocaine into Lea County from Mexico through Arizona.

Acting U.S. Attorney James D. Tierney and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division announced the federal charges today following a law enforcement operation in Lea County that resulted in the arrest of seven of the eight defendants. Joining them in making the announcement were Special Agent in Charge Waldemar Rodriguez of HSI in El Paso, Commander Sean Roach of the Lea County Drug Task Force, Lea County Sheriff Byron Wester, and Hobbs Police Chief Chris McCall.

The charges in the 20-count indictment are the result of an investigation by the DEA, HSI and the Lea County Drug Task Force of HIDTA Region 6 into a Lea County-based drug trafficking organization allegedly led by Jose Raul Mendivil-Berrelleza, a Mexican national who resides in Hobbs. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a 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.

During the course of the investigation, law enforcement authorities seized 13 kilograms (28.6 pounds) of pure methamphetamine and 1.2 kilograms (2.6 pounds) of cocaine during a traffic stop in Lea County on Feb. 27, 2017. They also seized $14,000 in cash during a vehicle inspection at the U.S. Border Patrol checkpoint on Interstate 10 in Dona Ana County, N.M., on July 5, 2017. During today’s law enforcement operation, law enforcement authorities executed federal search warrants at three residences and two travel trailers in Hobbs and seized approximately .25 kilograms (.55 pounds) of cocaine, a handgun and approximately $5000.

In announcing the results of the investigation, Acting U.S. Attorney James D. Tierney said, “This investigation was a coordinated effort to crackdown on drug trafficking in southeastern New Mexico. It is part of our statewide fight against illegal drugs and the cycle of violence that goes hand in hand with drug trafficking. Those who choose to engage in drug trafficking should be on notice that federal, state and local law enforcement are committed to working together to put them out of business and into prison cells.”

“Law enforcement at the local, state and federal levels have joined together to dismantle a criminal organization allegedly responsible for spreading poison on the streets of Hobbs and the surrounding area,” said Special Agent in Charge Will R. Glaspy of the DEA El Paso Division. “Today’s enforcement operation is part of DEA’s ongoing commitment to attack the drug trafficking that endangers our communities as well as the related violence that goes with it.”

“Today’s arrests and search warrants solidifies HSI’s cooperation with DEA and the U.S. Attorney’s Office to work jointly with our local law enforcement partners to identify transnational organizations that continue to poison our local communities with illegal narcotics,” said Special Agent in Charge Waldemar Rodriguez of HSI El Paso. “Our fight to bring those who violate narcotics trafficking laws to justice will continue unapologetically.”

The 20-count indictment charges alleged ringleader Mendivil-Berrelleza and seven co-defendants with conspiracy, methamphetamine and cocaine trafficking, and money laundering offenses. Count 1 of the indictment charges all eight defendants with participating in a conspiracy to traffic methamphetamine and cocaine in Lea County and elsewhere between Nov. 2016 and July 2017. Count 2 charges Mendivil-Berrelleza and Roberto Rendon-Duran, 70, of Yuma, Ariz., with participating in an international money-laundering conspiracy. Counts 3 through 5 charge certain defendants with methamphetamine trafficking offenses and Count 6 charges certain defendants with a cocaine trafficking offense. Counts 7 through 20 charge certain defendants with using communications devices to facilitate their drug trafficking activity.

Another defendant, who was arrested on June 13, 2017, also has been federally charged as the result of the investigation. Felipe T. Castillo, of Eunice, N.M., is charged in a criminal complaint with being a felon in possession of a firearm. The charge allegedly arises out of an incident during which Castillo, a convicted felon, pointed a firearm at an officer who was conducting surveillance in connection with the investigation.

Mendivil-Berrelleza and the other six defendants who were arrested yesterday and today as the result of the investigation are scheduled to make their initial appearances in federal court in Roswell, N.M., at 10:30 a.m. on Aug. 3, 2017. One defendant, Miguel Luna-Arredondo, has yet to be arrested and is considered a fugitive.

“This investigation has been a team effort between all agencies involved and it culminated with a safe takedown. Anytime you can take a large amount of narcotics off the streets is a good day,” said Commander Sean Roach of the Lea County Drug Task Force. “I cannot say thank you enough to all of the agencies that participated throughout the investigation. This investigation and arrests will have a major impact on the stream of narcotics coming into the Lea County area as well as the surrounding areas.”

“This investigation is an example of cooperation between local and federal law enforcement to combat the distribution of illegal narcotics within our community,” said Sheriff Byron Wester of the Lea County Sheriff’s Office. “The Lea County Drug Task Force and the Drug Enforcement Administration jointly completed a successful investigation and operation today that attempts to rid our community of illegal narcotics. I thoroughly appreciate their efforts to make our community a safer place.”

Chief Chris McCall of the Hobbs Police Department said, “The Hobbs Police Department was extremely happy to partner with the other agencies involved in this investigation and we appreciate the partnerships. The results of this investigation will undoubtedly slow the flow of drugs into our community and have a positive impact on the safety of our citizens.”

This case was investigated by the DEA and HSI offices in Las Cruces and the Lea County Drug Task Force with assistance from the Lea County Sheriff’s Office and the Hobbs Police Department. In addition, the following law enforcement agencies participated in today’s law enforcement operation: Hobbs Police Department, Jal Police Department, Lovington Police Department, New Mexico State Police, Dona Ana County Sheriff’s Office, IRS Criminal Investigation, U.S. Marshals Service and the U.S. Border Patrol. Assistant U.S. Attorneys Terri J. Abernathy and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

Indictment in United States v. Jose Raul Mendivil-Berrelleza, et al., 17-CR-1913

Summary of the Charges

Count 1 of the Indictment charges the eight defendants with participating in a conspiracy to distribute methamphetamine and cocaine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years nor more than life and a $10 million fine.

Count 2 charges two defendants with participating in an international money laundering conspiracy. The maximum statutory penalty for a conviction on this count is 20 years and a $500,000 fine.

Counts 3 and 4 charge certain defendants with possession with intent to distribute more than 50 grams of a mixture and substance containing methamphetamine. The maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years and a $5 million fine.

Count 5 charges certain defendants with possession with intent to distribute more than 50 grams of methamphetamine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10 million fine.

Count 6 charges certain defendants with possession with intent to distribute more than 500 grams of cocaine. The maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years and a $5 million fine.

Counts 7 through 20 charge certain defendants with using communication facilities to facilitate drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.

Charges against Defendants

Jose Raul Mendivil-Berrelleza, 33, a Mexican national residing in Hobbs, N.M., is charged in Counts 1, 2, 4-6, 8-14, 16, 18 and 19 of the indictment. Mendivil-Berrelleza was arrested this morning.

Daniel L. Perea, 37, of Hobbs, N.M., is charged in Counts 1, 4-8, 10, 11, 14, 15, 17 and 20 of the indictment. Perea was arrested this morning.

Jeremy W. Gough, 40, of Hobbs, N.M., is charged in Counts 1, 3, 15 and 20 of the indictment. Gough was arrested this morning.

Miguel Angel Luna-Arredondo, 24, a Mexican national, is charged in Counts 1 and 4-6 of the indictment. Luna-Arredondo has yet to be arrested and is considered a fugitive.

Carlos Espinoza-Perez, 27, a Mexican national residing in Hobbs, N.M., is charged in Counts 1, 9, 12, 13 and 19 of the indictment. Espinoza-Perez was arrested this morning.

David Torres-Arellanes, 28, a Mexican national residing in Hobbs, N.M., is charged in Counts 1 and 16-18 of the indictment. Torres-Arellanes was arrested this morning.

Roberto Rendon-Duran, 70, of Yuma, Ariz., is charged in Counts 1 and 2 of the indictment. Rendon-Duran was arrested this morning.

Reco Curry, 37, of Hobbs, N.M., is charged in Counts 1, 4 and 7 of the indictment. Curry was arrested last night.

Criminal Complaint in United States v. Felipe T. Castillo, 17-MJ-1492

Felipe T. Castillo, 38, of Eunice, N.M., is charged with being a felon in possession of a firearm and ammunition. The criminal complaint alleges that Castillo, who has two prior felony convictions, unlawfully possessed a firearm and ammunition on May 31, 2017, in Hobbs, N.M. According to the criminal complaint, on May 31, 2017, Castillo pointed a firearm at a law enforcement officer who was conducting surveillance in connection with this investigation. If convicted, Castillo faces a maximum statutory penalty of ten years of imprisonment and a $250,000 fine. Castillo was arrested on June 13, 2017, and remains in federal custody pending trial.

Charges in indictments and criminal complaints are only accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

Mendivil Berrelleza et al Indictment

ALBUQUERQUE – Lucas James Maldonado, 35, of Albuquerque, N.M., was sentenced today in federal court to 102 months in prison for violating federal firearms laws. Maldonado will be on supervised release for three years after completing his prison sentence.

Maldonado was indicted on Dec. 3, 2014, and charged with being a felon in possession of a firearm on Feb. 20, 2014. The indictment was superseded on July 30, 2015, and charged Maldonado with a second felon in possession of a firearm and ammunition charge, and with being a violent felon in possession of body armor on June 10, 2015. The superseding indictment alleged that Maldonado committed the offenses in Bernalillo County, N.M. According to superseding indictment, Maldonado was prohibited from possessing firearms and ammunition because of his prior felony convictions for aggravated battery, false imprisonment, criminal damage to property and conspiracy to commit residential burglary.

On Feb. 9, 2017, Maldonado pled guilty to Count 2 of the superseding indictment charging him with being a felon in possession of a firearm and ammunition. In entering the guilty plea, Maldonado admitted that on June 10, 2015, law enforcement agents arrested him on several outstanding arrest warrants. Maldonado acknowledged that, during a search incident to arrest, the officer found a black semi-automatic handgun that was visible in the center console of his vehicle. Maldonado acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the New Mexico State Police. Assistant U.S. Attorney Presiliano Torrez prosecuted the case.

POCATELLO – Ruben Wounded Head, III, 20, of Chubbuck, Idaho, was sentenced today to a total of 46 months imprisonment for involuntary manslaughter resulting from a drunk driving crash, Acting U.S. Attorney Rafael Gonzalez, announced. Wounded Head will serve 34 months in federal prison in addition to the 12 months he already served in Fort Hall Tribal Jail on the same charge, for a total of 46 months. Wounded Head pleaded guilty to the charges in federal court in May 2017.

According to the plea agreement, on November 13, 2015, Wounded Head drove with friends to buy alcohol, and his friends left the store with two bottles of Bacardi rum and went to an area on the Fort Hall reservation known as Ferry Butte. There, Wounded Head drank one bottle of rum. Wounded Head then drove his friends back to a residence on the reservation and then proceeded to drive home. At approximately 2:50 a.m., at the intersection of Hawthorne Road and Cemetery Road, Wounded Head’s 2005 Chevrolet Avalanche crossed the centerline and crashed head-on into a Chevrolet Tahoe, killing both occupants of the Tahoe. Wounded Head’s Avalanche was traveling between 59 and 61 miles per hour at the time of crash. The posted speed limit in the area is 45 miles per hour. Wounded Head’s blood alcohol level at the hospital was 0.216 percent, far in excess of the legal limit.

Chief U.S. District Judge B. Lynn Winmill also ordered Wounded Head to pay $13,480 in restitution to the victims’ families and ordered that Wounded Head be on supervised release for three years following his prison sentence.

The case was investigated by the Federal Bureau of Investigation and the Fort Hall Tribal Police.

         LOS ANGELES– A former staffer for a member of the United States Congress was arrested today on federal extortion and bribery charges after allegedly taking $5,000 with promises of helping to prevent the closure of a Compton marijuana shop.

         Michael Kimbrew, 44, of Carson, was arrested without incident this morning by special agents with the FBI.

         Kimbrew was arrested pursuant to a two-count indictment that was returned by a federal grand jury on July 21 and unsealed this afternoon. Kimbrew is charged with one count of attempted extortion and one count of receiving a bribe.

         At his arraignment this afternoon, Kimbrew pleaded not guilty and was ordered freed on a $15,000 bond. He was ordered to stand trial on September 26.

         According to the indictment, Kimbrew approached an employee of the marijuana shop, told him the store was violating the law, and said the shop would be shut down – unless the owners reached an agreement with him.

         Kimbrew subsequently met with the owners of the marijuana shop inside Compton City Hall. The indictment alleges that Kimbrew claimed to be working with the FBI, and he could “make things happen” by ensuring the store had the appropriate permits in exchange for $5,000.

         According to the indictment, an undercover FBI agent posing as a business partner met with Kimbrew, who reiterated his claims he could prevent the shutdown of the shop in exchange for $5,000. In a second meeting between Kimbrew and the undercover agent, Kimbrew allegedly accepted the $5,000 bribe.

         An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.

         If convicted of the two counts in the indictment, Kimbrew would face a statutory maximum sentence of 18 years in federal prison.

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

         The prosecution is being handled by Assistant United States Attorney Lindsey Greer Dotson of the Public Corruption and Civil Rights Section.

OAKLAND– Dumaka Hammond was sentenced to 9 years in prison for possession of child pornography, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.  The sentence was handed down today by the Honorable James Donato, U.S. District Judge.

According to papers filed with the court, Hammond, 40, of Richmond, admitted using an internet tool known as Tor to access and download child pornography.  Hammond acknowledged that some of the images he downloaded depicted sadistic or masochistic content and some images and videos involved prepubescent children.  Additionally, Hammond acknowledged that law enforcement found and removed from his home a laptop computer that contained more than 300 child pornographic images.  On March 10, 2016, a federal grand jury indicted Hammond, charging him with possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).  Hammond pled guilty to the charge on March 8, 2017.

In addition to the prison term, Judge Donato ordered Hammond to serve a fifteen year period of supervised release to follow his custodial sentence.  Hammond was also ordered to pay $3,000 in restitution to a child victim depicted in his collection.  Hammond has been in custody since his arrest in March 2016. 

Assistant U.S. Attorney Thomas Green is prosecuting the case with the assistance of Trina Khadoo.  The prosecution is the result of an investigation by the FBI. 

Members of the public with information regarding suspected child predators or suspicious activity may contact Homeland Security Investigations through the toll-free Tip Line at 1-866-DHS-2-ICE or complete the online tip form at: https://www.ice.gov/webform/hsi-tip-form.  Both are staffed around the clock by investigators.  Suspected child sexual exploitation or missing children may also be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.
 

An indictment was unsealed charging three Dearborn Heights men with bribing officials from Garden City, announced Acting U.S. Attorney Daniel L. Lemisch.

Joining in the announcement was David P. Gelios, Special Agent in Charge of the Detroit, Michigan office of the Federal Bureau of Investigation.

Charged are Mike Baydoun, 54, Ali Baydoun, 52, and Jalal Baydoun, 38.

The indictment charges that in 2016, the Baydouns conspired with each other to bribe the Mayor of Garden City, Police Chief, and three council members to obtain authorization to open a medical marijuana dispensary in Garden City, and to obtain authorization for a medical marijuana plant grow.

The indictment also charges that in furtherance of this conspiracy, on December 2, 2016, the Baydouns delivered to a Garden City official an envelope containing $15,000 cash, representing three individual bribes in the amount of $5,000 each for three Garden City Council members. The indictment also contains a forfeiture count pertaining to the $150,000 the Baydouns conspired to place into escrow to fund future bribes of officials.

Acting United States Attorney Daniel L. Lemisch said, “Citizens deserve elected officials to make decisions in the best interests of their constituents, not on who’s lining their pockets. Public servants who sell their votes will be held accountable to the fullest extent of the law.”

This prosecution is being handled by Assistant United States Attorneys J. Michael Buckley and Frances Lee Carlson.

LAFAYETTE, La. – Acting U.S.Attorney Alexander C. Van Hook announced that a federal jury found a Krotz Springs man guilty Wednesday of possessing firearms and ammunition after being convicted of a felony.

Paul Joseph Viola, 46, of Krotz Springs, La., was found guilty of two counts of possession of a firearm by a convicted felon and two counts of possession of ammunition by a convicted felon. United States District Judge S. Maurice Hicks Jr. presided over the trial, which started Monday and ended Wednesday. The jury returned a guilty verdict after deliberating for approximately two hours.

Testimony and evidence at trial revealed that an anonymous caller reported in October of 2015 that Viola was a felon in possession of firearms. In an undercover operation conducted between October 31, 2015 and November 13, 2015, law enforcement agents obtained photographs of a Remington 1100 12 gauge shotgun, a .22 caliber Remington Speedmaster Model 552 semi-automatic rifle, and a .22 caliber Ruger model 10/22 semi-automatic rifle that were in his trailer in Krotz Springs. While the investigation was still ongoing, Louisiana Department of Wildlife and Fisheries agents found Viola on November 28, 2015 at the Sherburne Wildlife Management area in St. Martin Parish in possession of a loaded .35 caliber Whelen single shot rifle and a rifle sling containing five rounds of ammunition. ATF agents also searched his trailer in Krotz Springs on December 7, 2015, where they found and seized 13,428 rounds of ammunition. During his arrest on January 21, 2016 in Krotz Springs, law enforcement agents searched Viola’s pickup. At that time, agents found 10 .22 caliber rounds of ammunition in a Ruger 10/22 rotary magazine for a Ruger 10/22 rifle, one round of Hornady .444 Marlin ammunition, three rounds of .243 Winchester ammunition and two rounds of .308 Winchester ammunition.

Viola faces up to 10 years in prison for each count, three years of supervised release and a $250,000 fine for each count. The court also ordered the forfeiture of any right or interest that Viola had in the forfeiture of the firearms and ammunition. The court did not set a sentencing date.

The ATF and the Louisiana Department of Wildlife and Fisheries conducted the investigation. Assistant U.S. Attorney Joseph T. Mickel prosecuted the case.

A ten-count indictment was unsealed today in the United States District Court for the Eastern District of New York charging William Nelson, former Director of Procurement at the Richmond County District Attorney’s Office (RCDA), with one count of theft of funds and nine counts of mail fraud. The defendant is scheduled to be arraigned before United States Magistrate Judge James Orenstein at the Brooklyn federal courthouse this afternoon.

The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Mark G. Peters, Commissioner, New York City Department of Investigation (DOI).

As alleged in the indictment, for approximately 10 years between 2006 and 2016, Nelson stole over $440,000 from the RCDA as part of a long-term scheme to defraud the RCDA of funds. Specifically, Nelson used two RCDA American Express credit cards to purchase items such as jewelry, apparel, toys, sporting goods and memorabilia, alcohol, video games and movies, electronics, household items, grocery items, books, sundries, knives, survival gear, handbags, collectibles, souvenirs, event tickets, meals, lodging, airfare, excursions, and online services that he then used for his own benefit and the benefit of others. Nelson also used the online payment system PayPal to directly transfer thousands of dollars from the RCDA credit cards to his own personal bank account. In furtherance of his scheme, Nelson took steps to conceal his embezzlement, which included concealing the itemized credit card statements, mischaracterizing the nature of the purchases, and using his authority as Director of Procurement to approve payments of his fraudulent personal expenditures.

“As alleged, Nelson abused his position as Procurement Director for the Richmond County District Attorney’s Office by engaging in a decade-long scheme to defraud the DA’s office of nearly half a million dollars,” stated Acting United States Attorney Rohde. “Together with our law enforcement partners at the FBI and DOI, our Office will hold to account those who engage in such fraud, particularly where it disadvantages agencies tasked with safeguarding our communities.” Ms. Rohde thanked the Richmond County District Attorney’s Office for its assistance during the investigation.

“This case is a textbook example of what can happen when power goes unchecked,” stated FBI Assistant Director-in-Charge Sweeney. “Not only did Nelson allegedly steal hundreds of thousands of dollars from the RCDA, but he shamefully exploited his official position to authorize the very transactions that made this possible. Instead of using taxpayer funds for their intended purpose, he allegedly used them for his own personal intentions. Our communities place a high level of trust in those who hold these positions, and that trust should never waver. We won’t allow schemers of any kind to put the public’s trust at risk.”

“This defendant stole law enforcement funds to finance jet-setting vacations and purchase hundreds of thousands of dollars in luxury items, according to the charges,” stated DOI Commissioner Peters. “DOI has issued a report documenting how this scam was perpetrated for over a decade and recommended changes to safeguard our city’s finances. DOI thanks the United States Attorney’s Office for the Eastern District of New York for its partnership on this criminal investigation and the Richmond County District Attorney’s Office for its cooperation and swift action in implementing DOI’s recommendations.”

The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces up to 10 years’ imprisonment on the theft of funds count and 20 years’ imprisonment on each of the mail fraud counts.

The government’s case is being prosecuted by the Office’s Public Integrity Section. Assistant United States Attorney Maria Cruz Melendez is in charge of the prosecution.

The Defendant:

WILLIAM NELSON

Age: 44

New York, New York

E.D.N.Y. Docket No. 17-CR-394 (RJD)

Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that SAMUEL CORTES, 28, of West Hartford, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 34 months of imprisonment, followed by three years of supervised release, for distributing heroin.

According to court documents and statements made in court, in 2014, the Drug Enforcement Administration’s Hartford Task Force received information that David Alvarado, also known as “Flaco,” was distributing heroin to street-level dealers and drug customers in the vicinity of his residence on Wethersfield Avenue in Hartford. Between August 2014 and May 2015, investigators made eight controlled purchases of heroin from Alvarado. A wiretap investigation revealed that Alvarado was being supplied with heroin by CORTES and other individuals.

On May 26, 2015, investigators conducted a court-authorized search of Alvarado’s residence and seized raw heroin, bagged heroin, heroin stamps, digital scales, thousands of wax folds, and other items used to process and package heroin. Investigators also seized a 9mm Beretta pistol with a loaded magazine, and numerous rounds of ammunition.

CORTES has been detained since his arrest on November 30, 2016. On May 8, 2017, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute heroin.

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.

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

Fort Myers, Florida – Acting United States Attorney W. Stephen Muldrow announces the return of an indictment charging Miguel Jiminez Borda (38) and Alejandra Maria Mayo (34), both of Naples, with two counts of attempting to smuggle firearms from the United States to Bolivia. If convicted, each faces a maximum penalty of 10years in federal prison per count. The indictment also notifies the couple that the United States intends to forfeit the firearms that they attempted to smuggle.

According to court documents, on June 27 and 28, 2017, Jiminez Borda and Mayo paid nearly $6,000 in cash to ship five boxes from the United States to Bolivia. The couple provided Federal Express with a fictitious sender name and labeled the box contents as “documents.” Federal agents searched the boxes and found more than 15 firearms hidden within hardened foam insulation, many of them AK-47 and AR-15 type weapons. The couple has allegedly shipped an estimated 50 such boxes to Bolivia since August 2016.

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 Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It will be prosecuted by Assistant United States Attorney Michael V. Leeman.

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

ROCHESTER, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Frederick Evans, 40, and his wife Lashara Evans, 37, both of Rochester, NY,  pleaded guilty to sex trafficking offenses before U.S. District Judge Charles J. Siragusa. Frederick Evans pleaded guilty to transporting a minor across state lines for the purpose of engaging in prostitution and faces a mandatory minimum penalty of 10 years in prison and a maximum of life. Lashara Evans pleaded guilty to conspiring with Frederick Evans to have minors engage in sex trafficking and faces a maximum sentenced of five years in prison.

Assistant U.S. Attorney Melissa Marangola, who is prosecuting the case, stated that between 2006 and 2007, Frederick Evans transported a minor victim from Rochester to New Orleans, Louisiana. The minor victim engaged in prostitution activities and gave the proceeds to the defendant.

In 2010, a 15 year-old minor victim was looking for a place to live when she met Frederick Evans who convinced the minor to engage in prostitution activities. Frederick Evans, who advertised the minor victim on Backpage.com., would have the minor victim engage in these activities along with his then-girlfriend Lashara.  The minor and Lashara Evans would prostitute at a residence in Rochester, as well as at hotels in Syracuse, Watertown and Buffalo. Lashara Evans paid for the hotel rooms on occasion and the minor victim would give a portion of the money she earned from prostituting to Lashara Evans who would, in turn, give it to Frederick. Frederick used the money to pay rent and the bills for the residence where the prostitution activities took place in Rochester.

On December 17, 2011, Lashara Evans and Frederick Evans transported both the minor victim and another minor victim to a hotel in the Elmira area in order to engage in prostitution.

Frederick Evans will be sentenced on November 2, 2017, at 9:15 a.m. Lashara Evans will be sentenced on November 6, 2017, at 9:15 a.m.  Both sentencings will be before Judge Siragusa.

The pleas are the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.

            CONCORD, N.H. - Acting United States Attorney John J. Farley announced that Karl Edward Hahn, 44, of Manchester, Connecticut and formerly of New Castle, New Hampshire pleaded guilty on Tuesday to participating in a wire fraud scheme that defrauded a victim of approximately $2 million.

            According to court records and statements in court, Hahn lived in New Hampshire and was employed as an investment advisor at investment banks in Portsmouth, New Hampshire. Starting as early as March of 2009 and continuing until July of 2010, he invited one of his investment clients to join him in what he referred to as an “off the books” investment. He described that investment as follows: Hahn and the victim would each contribute approximately $2 million, which Hahn would then loan to three individuals who would repay the money within 90 days with interest substantially above market rates. Hahn told the victim the “loan” would be secured by three pieces of residential real estate, one owned by each of the three borrowers, which were all unencumbered and which collectively had a value far in excess of the approximately $4 million loan.

            Hahn told the victim that no one could know about the investment, including the defendant’s employer, because he was not allowed to enter into financial dealings with clients other than through his employment. In order to prevent his employer from learning of the “off the books” transaction, Hahn asked the victim to transfer the money into a bank account held by one of Hahn’s relatives and that Hahn would then get the money from his relative.

            The victim agreed and transferred to Hahn’s relative’s account, in separate transactions, $300,000, $1,600,000, $100,000, and $35,000, totaling $2,035,000. Hahn admitted that the entire story of landowners wanting to borrow money was false, that there never were three landowners who wanted to borrow money collateralizing the loans with deeds, and that loans were never made to any landowners using the victim’s money. Hahn simply used the victim’s money to pay personal expenses. In 2011, the New Hampshire Bureau of Securities Regulation barred Hahn from being licensed to sell securities.

            Hahn also admitted that during the course of executing the scheme, he made additional materially false representations to the victim that lulled him into a false sense of security and caused him to temporarily refrain from reporting his dealings with the defendant to law enforcement authorities. Those false statements included: 1) that the supposed borrowers had defaulted on the loans; 2) that as a result of the alleged defaults, Hahn had possession of the deeds to the supposed borrowers’ properties; and 3) that Hahn had communicated with a hedge fund so the hedge fund could buy the properties, thereby resulting in the return of the victim’s money with interest. Hahn also later falsely represented to the victim that he had been successful in working with the supposed hedge fund and that he was confident that the victim would have his money back by early August of 2010.

            Hahn will be sentenced on November 8, 2017. The terms of the plea require Hahn to serve 18 months in federal prison.

            This case was investigated by the FBI and United States Secret Service and was prosecuted by Assistant United States Attorney Arnold H. Huftalen.

###

ALBUQUERQUE – Ralph Eastman, 48, of Albuquerque, N.M., pled guilty yesterday in federal court to conspiracy, fraud, identify theft and theft of mail charges. Under the terms of Eastman’s plea agreement, he will be sentenced to 36 months in prison followed by a term of supervised release to be determined by the court.

Eastman and co-defendant Katie Carrillo, 26, also of Albuquerque, were charged in a 16-count indictment on Aug. 23, 2016, with conspiracy, ten counts of bank fraud, three counts of aggravated identity theft, and two counts of theft of mail. According to the indictment, the defendants committed the offenses from Dec. 2015 through April 2016, in Bernalillo County, N.M., by stealing mail and packages from cluster mailboxes located in apartment complexes. The mail stolen included checkbooks, checks, ATM cards, PIN numbers and personal identifiers of victims, which the defendants allegedly used to commit further crimes.

During yesterday’s change of plea hearing, Eastman pled guilty to the charges against him in the indictment, namely, conspiracy, eight counts of bank fraud, and two counts of theft of mail. Eastman also pled guilty to a felony information charging him with aggravated identify theft. In entering the guilty plea, Eastman admitted that from Dec. 2015 through April 2016, he conspired with others to steal mail and packages specifically to obtain financial information and forms of identification. Eastman further admitted that he and others altered checks and used them at local businesses in exchange for goods, services and online transactions. Eastman also admitted that he and others used stolen identifications and personal information to facilitate fraudulent transactions.

In his plea agreement, Eastman also acknowledged that he and others stole mail and packages from authorized depositories for the U.S. Postal Service through mailboxes located at an Albuquerque apartment complex on March 9, 2016 and March 12, 2016.

Carrillo has entered a plea of not guilty to the charges in the indictment. Charges in indictments are only accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

The U.S. Postal Service, the Albuquerque Police Department and the Sandoval County Sheriff’s Office investigated this case, which is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei and Paul Mysliwiec.

BOISE – Jason Morel, 22, and Kenith Quesada, 23, of Bronx, New York pleaded guilty yesterday in United States District Court to aggravated identity theft, Acting U.S. Attorney Rafael Gonzalez announced.

According to the plea agreements, Morel and Quesada traveled to Idaho to defraud AT&T stores and AT&T customers. Morel and Quesada fraudulently impersonated real AT&T customers, presented counterfeit driver’s licenses and credit cards, and purchased iPhones using other customers’ accounts. When they were arrested, law enforcement found 15 fake driver’s licenses bearing Morel’s and Quesada’s photographs, as well as 15 fake credit cards. Law enforcement verified that the names on the fake driver’s licenses and credit cards were real AT&T customers. Law enforcement also found 19 fraudulently-purchased iPhones still in their original packaging.

Sentencing is set for October 19, 2017, before Senior U.S. District Judge Edward J. Lodge.

Aggravated identity theft is punishable by a mandatory two years of imprisonment, up to a $250,000 fine, a term of supervised release of up to one year, and a $100 special assessment.

The case was investigated by the Boise Police Department and the United States Secret Service.

Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that WENDELL BELLE, a/k/a “Delly Dell,” was sentenced this afternoon to a term of 384 months of imprisonment in federal custody, which must run consecutively to a prior sentence of 108 months of imprisonment in state custody, for his crimes as a high-ranking member of the “Young Gunnaz” or “YGz” gang. Those crimes included the April 16, 2012 murder of Moises Lora, a/k/a “Noah,” 16, during which BELLE and several other YGz gang members stomped Lora to death in a courtyard in the Melrose housing projects in the Bronx, and the November 26, 2013 attempted murder of a rival gang member, whom BELLE shot near the Bronx Criminal Courthouse. BELLE was sentenced in Manhattan federal court by United States District Judge Valerie E. Caproni, before whom he previously pled guilty.

Acting Manhattan U.S. Attorney Joon H. Kim said: “Wendell Belle and his fellow gang members stomped to death Moises Lora, a frail, 90-pound, 16-year-old, a few yards from a playground, and Belle later shot a rival gang member on a busy street in the middle of a workday near the Bronx Criminal Courthouse. The sentence imposed holds Belle accountable for his brutal crimes, and we hope that it also brings some comfort to the victims of Belle’s crimes, including the family of Moises Lora. Together with our law enforcement partners, we will continue to aggressively prosecute those who engage in such violence in our communities.”

According to the charging and other documents filed in the case, as well as the evidence presented at a co-defendant’s presentencing hearing and statements made during BELLE’s guilty plea and sentencing proceedings and other court proceedings in this case:

BELLE was a high-ranking member of the Bronx-based street gang known as the YGz. From at least 2005 to 2016, members and associates of the YGz enriched themselves by committing robberies and by selling drugs, such as crack cocaine, heroin, and marijuana, and committing acts of violence, including the murder of rival gang members, rival drug traffickers, and innocent bystanders. As part of his involvement in the YGz gang, BELLE participated in numerous acts of violence in the South Bronx.

For example, as part of his involvement in the YGz gang, BELLE and several other YGz gang members murdered Moises Lora, a member of a rival gang, on April 16, 2012, in the South Bronx. On the date of the murder, a group of YGz members, including BELLE, got drunk, and began arguing among themselves about who had done the most violence for the YGz. This group of YGz members went to the territory of a rival gang in the Melrose housing projects to settle their dispute. Upon arriving at the Melrose projects, BELLE and other members of the YGz saw Lora and attacked him. During the attack, Lora’s skull was fractured in several places. BELLE and the group left Lora to die. Following the stomping, BELLE and several of his confederates bragged to fellow YGz members about what they had done.

In addition, on November 26, 2013, BELLE shot and attempted to kill a rival gang member in the vicinity of the Bronx County Criminal Court.

* * *

Mr. Kim praised the outstanding work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the New York City Police Department in the investigation of this case. He also thanked the Bronx County District Attorney’s Office for their support in this case.

This case is being handled by this Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Samson Enzer, Gina M. Castellano, and Andrew C. Adams are in charge of the prosecution.

###

KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., woman who forged a court order to get another inmate released from prison, pleaded guilty in federal court today to obstruction of justice.

Margie P. Shephard, 51, of Kansas City, Mo., pleaded guilty before U.S District Judge Roseann Ketchmark to obstruction of justice.

Shephard was incarcerated as an inmate at Federal Prison Camp-Bryan in Bryan, Texas, after being sentenced to 10 years for conspiracy to commit bank fraud and identity theft, aggravated identity theft and obstruction of justice.

By pleading guilty today, Shephard admitted that, while incarcerated, she fabricated a document purporting to be an Amended Judgment in a Criminal Case for fellow inmate Leann Raejeana Turner, 48, of Blue Springs, Mo. Turner was also incarcerated at Federal Prison Camp-Bryan after being sentenced to three years in prison for her role in an $11 million mortgage fraud scheme. The fake court order, with a reduced sentence of 120 days of imprisonment for Turner (which would have resulted in her immediate release), included the forged signature of U.S. District Judge Greg Kays.

Shephard mailed the fake court order to her sister, who then faxed it to prison officials from a Sunfresh grocery store in Kansas City, Mo., on Nov. 9, 2014. Upon receiving the document, prison officials determined it was a forgery.

Under federal statutes, Shephard is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant 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 United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Rudolph R. Rhodes, IV. It was investigated by the FBI.