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Four Men Charged in DOD Bribery and Kickback Conspiracy

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ALEXANDRIA, Va. – Two companion indictments were unsealed today charging four men with participating in a bribery and kickback conspiracy involving a contract for the Department of Defense’s Office of Inspector General (DOD OIG).

According to allegations in the indictments, William S. Wilson, 52, of Florida, paid hundreds of thousands of dollars in kickbacks to Timothy R. Donelson, 56, of Georgia, and Ronald A. Capallia, Jr., 37, of Alabama, in return for Donelson and Capallia providing favorable treatment to Wilson’s companies in connection with prime government contracts. At the time of the kickbacks, Donelson and Capallia were employed by a telecommunications company that had been awarded a prime contract to provide an array of voice and data services to the DOD OIG and other federal agencies.  In return for the kickbacks, Donelson and Capallia provided favorable treatment to Wilson’s companies, including Donelson’s award of a subcontract to one of Wilson’s companies to provide information-technology related support services to the DOD OIG, notwithstanding that Wilson’s company focused on construction and construction management, and had no relevant expertise in information technology. Capallia similarly caused his employer repeatedly to order items such as computer software and hardware and routine office moving services from Wilson’s construction company despite the lack of any legitimate business or economic reason to do so.

The indictment further alleges that Wilson paid tens of thousands of dollars in bribes to Matthew Kekoa LumHo, 42, of Fairfax Station, then employed at the DOD OIG, in return for LumHo taking official acts that benefitted Wilson’s companies. According to the indictment, these actions included LumHo placing numerous fraudulent orders through the prime contract awarded to the telecommunications company employing Donelson and Capallia, thereby causing a continued flow of revenue from that telecommunications company to Wilson’s company as its subcontractor. 

As set forth in the indictment, LumHo, along with Wilson and Capallia, repeatedly caused the DOD IG to issue fraudulent service orders that were used to conceal that the co-conspirators were arranging for Wilson’s company to buy standard, commercially available items such as computer software, hardware, and accessories, and routine office moving services, significantly inflating the price, and then falsely billing the government as through it had been supplied with various professional services.  As the indictment alleges, by doing so, the co-conspirators enabled Wilson’s company to reap substantial profits from transactions where there was no legitimate business or economic reason to involve Wilson’s company, and where Wilson’s company provided virtually no value to the United States.

According to the indictment, Wilson paid the bribes and kickbacks in several forms, including hundreds of thousands of dollars paid from Wilson’s companies to a side business owned by Donelson that were masked through fake invoices for non-existent work, hundreds of thousands of dollars in supposed payroll payments to Capallia’s spouse, who was nominally placed on the payroll at Wilson’s company despite doing virtually no work, and tens of thousands of dollars of supposed payroll payments to a relative of LumHo, for a job that LumHo’s relative never actually held.  Wilson further paid bribes and kickbacks by paying for part of the purchase price of two vehicles bought by Donelson, by buying two vehicles outright for Capallia, paying for more than $60,000 worth of Caribbean cruises, hotel accommodations, and flights for Capallia, his family members, friends, friends’ children, and on at least one occasion, babysitters to watch Capallia’s children on one of the cruises, and paid bribes to LumHo by supplying him with electronics and high-end photography equipment.

Each defendant has been charged with conspiracy to commit wire fraud and wire fraud.  The companion indictments further charge Wilson, Capallia, and LumHo with False Claims Act violations, charge Wilson and LumHo respectively with bribery and acceptance of bribes, and charge LumHo and Donelson with false statements. The conspiracy to commit wire fraud and wire fraud charges each carry a maximum sentence of imprisonment of 20 years; the False Claims Act violations each carry a maximum sentence of imprisonment of 5 years; the bribery charges each carry a maximum sentence of imprisonment of 15 years; and the false statement charges each carry a maximum sentence of imprisonment of 5 years.  Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Robert E. Craig, Special Agent in Charge for the Defense Criminal Investigative Service’s (DCIS) Mid-Atlantic Field Office, and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after the indictment was unsealed. Assistant U.S. Attorneys Matthew Burke and Samantha Bateman are prosecuting the case.

 

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.  Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case Nos. 1:17-cr-222 and 1:17-cr-223.

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


Springfield Man Charged with Distributing Child Pornography through Online Chat Group

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SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man who managed an online chat group to share child pornography was arrested and charged in federal court today.

Anthony Cotter, 30, of Springfield, was charged in a criminal complaint filed in the U.S. District Court in Springfield, Mo. Cotter remains in federal custody pending a detention hearing on Tuesday, Oct. 10, 2017.

Today’s complaint alleges that Cotter received and distributed child pornography over the Internet between March 13 and Oct. 5, 2017.

According to an affidavit filed in support of today’s criminal complaint, Cotter was a group administrator for a very active online chat group of 50 members who shared images and videos of child pornography with each other. Cotter also told investigators that he had been sexually abusing a minor female and taking photographs of her in various states of nudity.

The investigation began on March 9, 2017, when federal agents assisted the New York State Police with a child exploitation investigation that resulted in the arrest and prosecution of a member of Cotter’s chat group. Investigators reviewed communications that occurred in the group, including Cotter’s involvement as he monitored other users and warned them to follow the rules of the chat group. Cotter actively encouraged other users to post child pornography, the affidavit says, and posted several video files to the chat room himself.

According to the affidavit, members of the chat group were receiving and distributing videos and images of child pornography that depicted children from infants to approximately 12 years old.  The images and videos depicted various types of sexual abuse to the children perpetrated by adult males and adult females; some of the images and videos depicted bondage and bestiality involving the sexual abuse of children under the age of 12.

Investigators also identified Cotter as the source of a Skype account that was being used to distribute images and videos of child pornography, the affidavit says. Multiple cyber tips related to the account were received from the National Center for Missing and Exploited Children.

Officers executed a search warrant at Cotter’s residence earlier today, and arrested Cotter.
 
Larson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt.

This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Southwest Missouri Cyber Crime Task Force.

Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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."
 

Annapolis Man Pleads Guilty To Two Counts Of Wire Fraud

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FOR IMMEDIATE RELEASE                                              Contact ELIZABETH MORSE
www.justice.gov/usao/md                                                                               at (410) 209-4885

 

 

 

Baltimore, Maryland –Brian Arthur McCormick, age 57, of Annapolis, Maryland, pleaded guilty today to two counts of wire fraud stemming from a scheme to defraud victims through an advanced fee system.

 

The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning andSpecial Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.

 

According to his plea agreement, McCormick provided forged bank statements to potential investors showing that one of his companies, Triton Structure Finance Group, LLC, (“Triton”) had an excess of $402 million. McCormick asked various investor victims to fund projects in exchange for a majority ownership of the project. He falsely promised that the victims would be compensated or would be fully refunded. However, McCormick stole their investment monies and used the funds on personal expenses.

 

In summer 2015, McCormick represented that Brittingham, a company incorporated in Louisiana, had been successfully trading medium term bank notes in Hong Kong since 2001 and had a number of bank guarantees and standby letters of credit totaling approximately $40 billion. Brittingham signed agreements with investors agreeing to split the profits 50-50 with the investors.  The investors signed an agreement with McCormick to split profits with McCormick with 20% for the Defendant and 80% for the investor

 

McCormick persuaded victims to invest through misrepresentations that he had personally invested his own funds with Brittingham.  In September 2015, one victim invested one million euros. Brittingham has not repaid any investor and has not paid out any profits.

 

McCormick faces a maximum sentence of 40 years in prison.  U.S. District Judge J. Frederick Motz has scheduled sentencing for December 7, 2017 at 2 p.m.

 

Acting United States Attorney Stephen M. Schenning commended the FBI for their work in the investigation.  Mr. Schenning thanked Assistant United States Attorneys Joyce McDonald and Sean Delaney who are prosecuting the case.

Attorney General Announces Reinvigoration of Project Safe Neighborhoods

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ALEXANDRIA, Va. – Today, Attorney General Jeff Sessions announced several Department of Justice actions to reduce the rising tide of violent crime in America.

Foremost of those actions is the reinvigoration of “Project Safe Neighborhoods,” a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In announcing this recommitment to Project Safe Neighborhoods, the Attorney General issued a memo directing United States Attorneys to implement an enhanced violent crime reduction program that incorporates the lessons learned since Project Safe Neighborhoods launched in 2001.

In a statement on the program, the Attorney General said, “According to the FBI, the violent crime rate has risen by nearly seven percent over the past two years, and the homicide rate has risen by more than 20 percent. We cannot be complacent or hope that this is just an anomaly: we have a duty to take action. Fortunately, we have a President who understands that and has directed his administration to reduce crime. The Department of Justice today announces the foundation of our plan to reduce crime: prioritizing Project Safe Neighborhoods, a program that has been proven to work. Let me be clear – Project Safe Neighborhoods is not just one policy idea among many. This is the centerpiece of our crime reduction strategy. Taking what we have learned since the program began in 2001, we have updated it and enhanced it, emphasizing the role of our U.S. Attorneys, the promise of new technologies, and above all, partnership with local communities. With these changes, I believe that this program will be more effective than ever and help us fulfill our mission to make America safer.”

The Attorney General also announced the following Department of Justice initiatives to help reduce violent crime:

-Additional Assistant United States Attorney Positions to Focus on Violent Crime– The Department is allocating 40 prosecutors to approximately 20 U.S. Attorney’s Offices to focus on violent crime reduction.

-More Cops on the Streets (COPS Hiring Grants)– As part of our continuing commitment to crime prevention efforts, increased community policing, and the preservation of vital law enforcement jobs, the Department will be awarding approximately $98 million in FY 2017 COPS Hiring Grants to state, local, and tribal law enforcement agencies.

-Organized Crime and Drug Enforcement Task Force’s (OCDETF) National Gang Strategic Initiative –The National Gang Strategic Initiative promotes  creative enforcement strategies and best practices that will assist in developing investigations of violent criminal groups and gangs into enterprise-level OCDETF prosecutions.  Under this initiative, OCDETF provides “seed money” to locally-focused gang investigations, giving state, local, and tribal investigators and prosecutors the resources and tools needed to identify connections between lower-level gangs and national-level drug trafficking organizations.

-Critical Training and Technical Assistance to State and Local Partners–The Department has a vast array of training and technical assistance resources available to state, local and tribal law enforcement, victims groups, and others.  To ensure that agencies in need of assistance are able to find the training and materials they need, OJP will make available a Violence Reduction Response Center to serve as a “hot line” to connect people to these resources. 

-Crime Gun Intelligence Centers (CGIC)– The Department has provided grant funding to support a comprehensive approach to identifying the most violent offenders in a jurisdiction, using new technologies such as gunshot detection systems combined with gun crime intelligence from NIBIN, eTrace, and investigative efforts.  These FY 2017 grants were awarded to Phoenix, AZ, and Kansas City, MO. 

-Expand ATF’s NIBIN Urgent Trace Program– The Department will expand ATF’s NIBIN Urgent Trace Program nationwide by the end of the year.  Through this program, any firearm submitted for tracing that is associated with a NIBIN “hit” (which means it can be linked to a shooting incident) will be designated an “urgent” trace and the requestor will get information back about the firearm’s first retail purchaser within 24 hours, instead of 5 to 6 business days.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.

Announcement of Newest Addition to the U.S. Attorney’s Office

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Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, announces the birth of Daniella Rose Herbster.  Miss Herbster was born in Miami Beach, Florida, at 2:14 p.m., on Tuesday, September 26, 2017, to proud parents Sarah Schall and Robert Herbster. 

 

          Special Counsel Sarah Schall said, “We look forward to introducing Daniella to her USAO family.”

 

Mr. Greenberg and the entire USAO family send their heart-felt congratulations and best wishes to Sarah and Rob. 

 

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.

U.S. Attorney, County Prosecutor Announce Attorney Designated as Part of Anti-Violence Initiative

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Today, United States Attorney General Jeff Sessions announced the reinvigoration of “Project Safe Neighborhoods,” one of the Department’s signature programs to reduce violent crime.

 

In the Southern District of Ohio, U.S. Attorney Benjamin C. Glassman and Franklin County Prosecutor Ron O’Brien announced a partnership to enhance an anti-violence initiative in Columbus.

 

The strategy includes a committed focus from federal, state and local law enforcement agencies to work collaboratively to identify those individuals who consistently use firearms to commit crimes, who habitually possess illegal firearms, and who present a clear threat to the safety of the community.

 

The same initiative was implemented in Cincinnati in February 2016 and has resulted in prosecuting more than 50 habitual offenders with federal gun charges.

 

“Over the last year and a half, the Southern District of Ohio has been on the cutting edge in developing a comprehensive, proactive approach to reducing violent crime,” said U.S. Attorney Glassman. “The Department’s reinvigoration of Project Safe Neighborhoods should provide us with additional support to strengthen our efforts.”

 

In Franklin County, Assistant Prosecutor Jason Manning was sworn in today as a federal Special Assistant United States Attorney, in order to increase the capacity for federal gun and violence cases and to further the collaboration between federal and county authorities in effectively prosecuting the most violent offenders.

 

“I am grateful for the partnership with Franklin County Prosecutor Ron O’Brien,” Glassman said. “Working closely together with our state and local partners is crucial to effective reduction of violent crime in our communities in the Southern District of Ohio.”

 

Federally, possession of a firearm by a convicted felon can result in a prison sentence of up to 10 years in prison. Offenders who possess a firearm after having been convicted of three violent felonies, moreover, face between 15 years and life in prison.

 

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Attorney General Jeff Sessions Announces Reinvigoration of Project Safe Neighborhoods and Other Actions to Reduce Rising Tide of Violent Crime

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Today, Attorney General Jeff Sessions announced several Department of Justice actions to reduce the rising tide of violent crime in America. Foremost of those actions is the reinvigoration of “Project Safe Neighborhoods,” a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.

 

In announcing this recommitment to Project Safe Neighborhoods, the Attorney General issued a memo directing United States Attorneys to implement an enhanced violent crime reduction program that incorporates the lessons learned since Project Safe Neighborhoods launched in 2001.

 

In a statement on the program, the Attorney General said:

 

“According to the FBI, the violent crime rate has risen by nearly seven percent over the past two years, and the homicide rate has risen by more than 20 percent. We cannot be complacent or hope that this is just an anomaly: we have a duty to take action.

 

“Fortunately, we have a President who understands that and has directed his administration to reduce crime. The Department of Justice today announces the foundation of our plan to reduce crime: prioritizing Project Safe Neighborhoods, a program that has been proven to work.

 

“Let me be clear – Project Safe Neighborhoods is not just one policy idea among many. This is the centerpiece of our crime reduction strategy.

 

“Taking what we have learned since the program began in 2001, we have updated it and enhanced it, emphasizing the role of our U.S. Attorneys, the promise of new technologies, and above all, partnership with local communities. With these changes, I believe that this program will be more effective than ever and help us fulfill our mission to make America safer.”

 

“My office is committed to working with those who live in high crime areas and our law enforcement partners, at all levels, to target the most violent criminals in the most violent areas of our communities,” said U.S. Attorney John Parker of the Northern District of Texas.

           

“The ATF Dallas Field Division remains committed to Project Safe Neighborhoods.” said ATF Special Agent in Charge William A. Temple. “ATF has effected measures aimed at securing successful crime gun traces, expanded the only national network that allows for the capture and comparison of ballistic evidence and implemented Crime Gun Intelligence Groups (CGIG) focused on supporting actionable, intelligence-based investigations. Our unique capabilities work in concert with the expertise of our local, state and federal partners to seek the most-appropriate prosecution and maximum sanctions for the public we serve.”

 

The Attorney General also announced the following Department of Justice initiatives to help reduce violent crime:

 

- Additional Assistant United States Attorney Positions to Focus on Violent Crime– The Department is allocating 40 prosecutors to approximately 20 United States Attorney’s Offices to focus on violent crime reduction.

 

- More Cops on the Streets (COPS Hiring Grants)– As part of our continuing commitment to crime prevention efforts, increased community policing, and the preservation of vital law enforcement jobs, the Department will be awarding approximately $98 million in FY 2017 COPS Hiring Grants to state, local, and tribal law enforcement agencies.

 

- Organized Crime and Drug Enforcement Task Force’s (OCDETF) National Gang Strategic Initiative –The National Gang Strategic Initiative promotes creative enforcement strategies and best practices that will assist in developing investigations of  violent criminal groups and gangs into enterprise-level OCDETF prosecutions.  Under this initiative, OCDETF provides “seed money” to locally-focused gang investigations, giving state, local, and tribal investigators and prosecutors the resources and tools needed to identify connections between lower-level gangs and national-level drug trafficking organizations.

 

- Critical Training and Technical Assistance to State and Local Partners–The Department has a vast array of training and technical assistance resources available to state, local and tribal law enforcement, victims groups, and others.  To ensure that agencies in need of assistance are able to find the training and materials they need, OJP will make available a Violence Reduction Response Center to serve as a “hot line” to connect people to these resources. 

 

- Crime Gun Intelligence Centers (CGIC)– The Department has provided grant funding to support a comprehensive approach to identifying the most violent offenders in a jurisdiction, using new technologies such as gunshot detection systems combined with gun crime             intelligence from NIBIN, eTrace, and investigative efforts.  These FY 2017 grants were awarded to Phoenix, AZ, and Kansas City, MO. 

 

- Expand ATF’s NIBIN Urgent Trace Program– The Department will expand ATF’s NIBIN Urgent Trace Program nationwide by the end of the year.  Through this program, any firearm submitted for tracing that is associated with a NIBIN “hit” (which means it can be linked to a shooting incident) will be designated an “urgent” trace and the requestor will get information back about the firearm’s first retail purchaser within 24 hours, instead of 5 to 6 business days.

 

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Fugitive Arrested in Large Molly Distribution and Money Laundering Case

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A fugitive, wanted on federal drug trafficking and money laundering charges for over two years, was arrested and is scheduled to have his initial appearance tomorrow in U.S. Magistrate Court in Miami, Florida. 

 

Benjamin Greenberg, Acting United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Miami Field Office, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, Rodolfo Llanes, Chief, Miami Police Department (MPD), and Amos Rojas, Jr., United States Marshal, U.S. Marshals Service (USMS), made the announcement.

 

According to the Superseding Indictment, from about November 2011 through September 25, 2015, Josue Morales Figueroa, 35, of Miami, was involved in conspiracies to import and to distribute ethylone and methylone, which are among numerous chemicals used to make the drug commonly referred to as “molly,” as well as a conspiracy involving the unlawful transmission of monetary instruments to China.

 

A total of eleven defendants were charged in the Superseding Indictment, and all but Morales had been arrested, pled guilty, and been sentenced.

 

Mr. Greenberg commended the investigation efforts of the ICE-HSI, DEA, MPD and USMS.  This case is being prosecuted by Assistant United States Attorneys Marton Gyires and Andy Camacho.

 

An indictment is merely an allegation and every defendant is presumed innocent unless and until proven guilty in a court of law.

 

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.


Attorney General Jeff Sessions Announces Reinvigoration of Project Safe Neighborhoods and Other Actions to Reduce Rising Tide of Violent Crime

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Today, Attorney General Jeff Sessions and Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, announced several Department of Justice actions to reduce the rising tide of violent crime in America. Foremost of those actions is the reinvigoration of “Project Safe Neighborhoods,” a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.

 

In announcing this recommitment to Project Safe Neighborhoods, the Attorney General issued a memo directing United States Attorneys to implement an enhanced violent crime reduction program that incorporates the lessons learned since Project Safe Neighborhoods launched in 2001.

 

In a statement on the program, the Attorney General said:

 

“According to the FBI, the violent crime rate has risen by nearly seven percent over the past two years, and the homicide rate has risen by more than 20 percent. We cannot be complacent or hope that this is just an anomaly: we have a duty to take action.”

 

“Fortunately, we have a President who understands that and has directed his administration to reduce crime. The Department of Justice today announces the foundation of our plan to reduce crime: prioritizing Project Safe Neighborhoods, a program that has been proven to work.”

 

“Let me be clear – Project Safe Neighborhoods is not just one policy idea among many. This is the centerpiece of our crime reduction strategy.”

 

“Taking what we have learned since the program began in 2001, we have updated it and enhanced it, emphasizing the role of our U.S. Attorneys, the promise of new technologies, and above all, partnership with local communities. With these changes, I believe that this program will be more effective than ever and help us fulfill our mission to make America safer.”

 

Acting U.S. Attorney Benjamin G. Greenberg stated, “As a result of a long-term concerted effort by federal and local law enforcement professionals, community leaders, and concerned citizens who support Project Safe Neighborhood, the Southern District of Florida has successfully targeted and removed numerous violent offenders, felons in possession of guns, and drug traffickers from our streets. Working collaboratively as a team, we share intelligence and leverage our resources in order to enhance our ability to rid our communities of violent and repeat offenders. We are proud of our collaborative efforts and look forward to continuing our work to make the Southern District of Florida a safer place to live.”

 

The Attorney General also announced the following Department of Justice initiatives to help reduce violent crime:

 

-Additional Assistant United States Attorney Positions to Focus on Violent Crime– The Department is allocating 40 prosecutors to approximately 20 United States Attorney’s Offices to focus on violent crime reduction.

 

-More Cops on the Streets (COPS Hiring Grants)– As part of our continuing commitment to crime prevention efforts, increased community policing, and the preservation of vital law enforcement jobs, the Department will be awarding approximately $98 million in FY 2017 COPS Hiring Grants to state, local, and tribal law enforcement agencies.

 

-Organized Crime and Drug Enforcement Task Force’s (OCDETF) National Gang Strategic Initiative –The National Gang Strategic Initiative promotes  creative enforcement strategies and best practices that will assist in developing investigations of violent criminal groups and gangs into enterprise-level OCDETF prosecutions.  Under this initiative, OCDETF provides “seed money” to locally-focused gang investigations, giving state, local, and tribal investigators and prosecutors the resources and tools needed to identify connections between lower-level gangs and national-level drug trafficking organizations.

 

-Critical Training and Technical Assistance to State and Local Partners–The Department has a vast array of training and technical assistance resources available to state, local and tribal law enforcement, victims groups, and others.  To ensure that agencies in need of assistance are able to find the training and materials they need, OJP will make available a Violence Reduction Response Center to serve as a “hot line” to connect people to these resources. 

 

-Crime Gun Intelligence Centers (CGIC)– The Department has provided grant funding to support a comprehensive approach to identifying the most violent offenders in a jurisdiction, using new technologies such as gunshot detection systems combined with gun crime intelligence from NIBIN, eTrace, and investigative efforts.  These FY 2017 grants were awarded to Phoenix, AZ, and Kansas City, MO. 

 

-Expand ATF’s NIBIN Urgent Trace Program– The Department will expand ATF’s NIBIN Urgent Trace Program nationwide by the end of the year.  Through this program, any firearm submitted for tracing that is associated with a NIBIN “hit” (which means it can be linked to a shooting incident) will be designated an “urgent” trace and the requestor will get information back about the firearm’s first retail purchaser within 24 hours, instead of 5 to 6 business days.

Former Charity President Sentenced for Embezzling Money

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            WASHINGTON – John Thomas Burch, 75, of Alexandria, Virginia, was sentenced today to five months of incarceration, to be followed by five months of home detention, for embezzling at least $149,317 while he was the president of the National Vietnam Veterans Foundation, announced U.S. Attorney Jessie K. Liu and Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office.

 

            Burch pled guilty in June 2017, in the U.S. District Court for the District of Columbia, to wire fraud. He was sentenced by the Honorable Ketanji Brown Jackson. Following his jail term, Burch will be placed on two years of supervised release, with the first five months of that on home detention. He also was ordered to pay $75,000 in a forfeiture money judgment.

 

            According to a statement of offense submitted at the time of the plea, Burch was the president of the National Vietnam Veterans Foundation, Inc. (“NVVF”), a nonprofit organization incorporated in Washington, D.C., until 2016 when it was disbanded.  NVVF solicited donations from the public, representing that their mission was “to provide help and support for American Veterans and their families through the generosity of the American people.” While the NVVF utilized some of its donated revenues to support the NVVF’s purported mission, Burch misappropriated portions of the donations to pay for food and lodging with no business purpose, and made repeated payments to women, who were personal acquaintances of Burch.

 

            Burch had unilateral control over the NVVF’s “Emergency Assistance Program,” which accounted for tens of thousands of dollars of the NVVF’s operating expenses annually during the years 2012 to 2016.  Burch represented to the NVVF’s Board of Directors the Emergency Assistance Program was a discretionary program that he ran as President of the NVVF, and that in fact, there was no oversight of Burch’s spending from the program in the distribution of smaller grants, generally between $100 to $300.  In spite of Burch’s representation to NVVF employees and the Board of Directors that individual grants generally ran from $100 to $250 with the intent of providing only a one-time payment to recipients who were “usually Veteran family members with small children who are in chronic destitute circumstances,” Burch used the Emergency Assistance Program to give money to women who often were engaged in personal relationships with him.  Burch also submitted expense reports claiming reimbursements for business lodging, travel, and meals, when in reality he spent the money on personal visits to clubs, restaurants, and hotels in Baltimore.

 

            According to the government’s evidence, Burch spent at least $149,317 of the charity’s money on non-business related travel, clubs, restaurants, hotels, and women between the years 2012 and 2016.

 

            In announcing the sentence, U.S. Attorney Liu and Assistant Director in Charge Vale expressed appreciation for the work performed by those who investigated the case from the Washington Field Office of the FBI.  They also acknowledged the efforts of those working on the case from the U.S. Attorney’s Office, including Paralegal Specialist Christopher Toms and Special Assistant U.S. Attorney Kyle Bateman, who is assisting with forfeiture issues. Finally, they commended the work of Assistant U.S. Attorney Virginia Cheatham, who prosecuted the case.

Dominican National Pleads Guilty to Illegal Reentry After Deportation

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BOSTON - A Dominican national pleaded guilty today in federal court in Boston to an immigration crime.

Manolo Sosa-Nieves, 45, pleaded guilty to one count of illegal reentry after deportation. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Jan. 16, 2018. Sosa-Nieves was previously deported on Aug. 21, 2002.  On April 14, 2017, Sosa-Nieves was arrested in Lawrence on unrelated state charges and determined to be unlawfully present in the United States. 

Sosa-Nieves 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 Nicholas Soivilien of Weinreb’s Major Crimes Unit is prosecuting this case.

Man Sentenced to 71 Months in Federal Prison for Illegally Possessing a Handgun

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A man who fled the scene of a traffic stop while intoxicated and carrying a loaded pistol in his waistband was sentenced today to 71 months in federal prison.

 

Darryl Lee Williams, age 30, from Cedar Rapids, Iowa, received the prison term after a May 25, 2017, guilty plea to possessing a firearm as a felon and domestic violence misdemeanant.

 

At sentencing, United States District Court Judge Linda R. Reade recounted how Williams fled from the police while under the influence of alcohol and marijuana.  After apprehending Williams, officers found a loaded 9-millimeter pistol, marijuana, and a half-empty bottle of tequila on his person.  Judge Reade also noted Williams’ extensive criminal history, including prior convictions for assaulting police officers.

 

Williams was sentenced to 71 months’ imprisonment and a special assessment of $100 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Williams is being held in United States Marshals custody until he can be transported to a federal prison.

 

The case was prosecuted by Special Assistant United States Attorney Drew O. Inman and investigated by the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, and the Cedar Rapids Police Department.

 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl

The case file number is 17-CR-25.

 

Follow us on Twitter @USAO_NDIA.

Business Owner and Former D.C. Schools Employee Accused of Carrying Out Fraudulent Billing Scheme

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            WASHINGTON – The owner of a tutoring and mentoring business and a former employee of the District of Columbia Public Schools have been indicted on federal charges alleging that they conspired to fraudulently bill the school system more than $200,000 for services that they falsely claimed had been provided to students with special needs.

 

            The indictment was announced today by U.S. Attorney Jessie K. Liu, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Daniel W. Lucas, Inspector General for the District of Columbia.

 

            John A. Faulkner, Jr., 39, the business owner, and Isaiah Johnson, 37, the former D.C. Public Schools employee, were each indicted on one count of conspiracy to commit mail fraud, wire fraud, and aggravated identity theft; nine counts of mail fraud; five counts of wire fraud; seven counts of aggravated identity theft, and one count of first-degree fraud. Faulkner also was indicted on two counts of money laundering, and Johnson also was indicted on one count alleging that he engaged in official acts affecting a personal financial interest. The indictment also includes a forfeiture allegation seeking all proceeds of the alleged crimes.

 

            The indictment was returned on Sept. 14, 2017, and unsealed today in the U.S. District Court for the District of Columbia. Faulkner and Johnson, both of Baltimore, Md., pled not guilty today at their first appearances in the U.S. District Court for the District of Columbia. They remain free on personal recognizance pending a status hearing set for Oct. 30, 2017.

 

            The indictment alleges that the men carried out a scheme from at least July of 2012 through at least July of 2014 involving fraudulent invoices submitted to the District of Columbia Public Schools (DCPS) for services performed under the Compensatory Education Program.

 

            The Compensatory Education Program awards services to eligible students to assist with their educational needs and development. Students awarded compensatory education services have learning, mental, and/or behavioral disabilities that create an educational barrier that prevents them from reaping the full benefits of education. Services consist of tutoring, individualized education, monitoring, speech therapy, occupational therapy, and behavioral and psychological analysis. Once DCPS approves specific services, parents or guardians receive letters specifying the services that can be provided. They also receive a list of independent providers, or vendors.

 

            According to the indictment, Faulkner owned a company that in 2011 became eligible to be paid by DCPS as a vendor for tutoring and mentoring services. Johnson was a DCPS compliance case manager who was responsible for notifying parents or guardians, via letters, that their children were entitled to obtain the services of the independent providers. In that role, according to the indictment, Johnson had access to students’ names as well as compensatory education letters and the forms used to create those letters.

 

            The indictment alleges that Faulkner and Johnson created or caused to be created false and fraudulent timesheets purporting to reflect compensatory education services provided to students that had, in fact, not been performed. These documents allegedly included the names and, in some instances, the signatures of individuals who purportedly provided services, the DCPS students and the students’ parents or guardians. Faulkner, Johnson and others used these means of identification without the knowledge or permission of the individuals, the indictment alleges. According to the indictment, Faulkner attached these timesheets to invoices to DCPS. He received payments and distributed a portion of the proceeds to Johnson, the indictment alleges.

 

            According to the indictment, DCPS sent at least $217,366 in payments for services that never were performed.

 

            An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.

 

            The FBI’s Washington Field Office and the District of Columbia Office of the Inspector General are investigating the case. The case is being prosecuted by Assistant U.S. Attorneys Adrienne Dedjinou and Peter C. Lallas, with assistance from Assistant U.S. Attorney Diane Lucas, who is handling forfeiture issues, Supervisory Paralegal Specialist Tasha Harris, and Paralegal Specialists Joshua Fein, Aisha Keys, and Jessica Mundi.

Multi-Agency Investigation Targets Methamphetamine and Firearm Trafficking in Southeastern New Mexico

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ALBUQUERQUE – In spring 2017, federal, state and local agencies joined forces to disrupt and dismantle a criminal organization that allegedly was trafficking large quantities of methamphetamine and numerous firearms in southeastern New Mexico.  Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Steve Borak of the El Paso Division of the DEA, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso,U.S. Marshal Conrad E. Candelaria, and Commander James McCormick of the HIDTA Region VI Pecos Valley Drug Task Force today announced the results of their investigative efforts, which included the filing of federal drug trafficking and firearms charges against 15 defendants.

 

The investigation, which was initiated by the DEA, ATF and the HIDTA Region VI Pecos Valley Drug Task Force, initially targeted a methamphetamine trafficking organization operating in southeastern New Mexico that allegedly was supplied by Daniel P. Bruton, 38, of Artesia, N.M., and Marcos A. Martinez, 30, of Roswell, N.M.  The investigative team quickly expanded to include HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office, and the investigative targets expanded to include other alleged drug traffickers in Eddy and Chaves Counties.  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 investigation, which concluded with a major law enforcement operation yesterday, law enforcement authorities seized more than 2.5 kilograms of methamphetamine and 44 firearms.

 

Based on the investigation, a federal grand jury returned five indictments on Oct. 5, 2017, charging 15 defendants with federal methamphetamine trafficking and firearms offenses.  One of the indictments charges ten individuals, including Bruton and Martinez, who are alleged to be members of the criminal organization that was the original target of the investigation.  That 34-count indictment alleges that Bruton, Martinez and their co-defendants conspired to violate the federal narcotics trafficking and firearms laws from May 2017 through Oct. 2017 in Eddy and Chaves Counties and elsewhere in New Mexico.  The indictment includes 55 overt acts that discuss the conspiracy’s operations, including the quantities of methamphetamine – ranging from multiple ounces to five pounds – allegedly distributed by the defendants on a routine basis.  It also describes the firearms – including assault rifles that allegedly were to be smuggled into Mexico – allegedly used by the defendants in relation to their drug trafficking activities. 

 

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 Eddy and Chaves Counties and to improve the quality of life for the good people who live there.  It was part of our continuing statewide fight against drug trafficking and the violence that goes hand-in-hand with it.  The federal, state and local law enforcement community remains committed to keeping New Mexico’s smaller communities safe from drug trafficking organizations that think they can go unnoticed operating in our smaller cities and towns.”

 

“Yesterday’s arrests show the value of information sharing and coordination with our federal, state, and local law enforcement partners to target criminal organizations that are responsible for the drug related violence in our communities,” said Acting Special Agent in Charge Steve Borak of DEA’s El Paso Division.  “By working together to reduce drug trafficking and use across the Nation, we are making our communities safer and our families stronger.”

 

“The results of this enforcement initiative exceeded our expectations.  Our goal is simple:  by working together with our law enforcement partners in targeting armed traffickers and trigger pullers keeping them from interacting with the good people of New Mexico," stated Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  “I wish to acknowledge the leadership of Acting U.S. Attorney James D. Tierney and his office as these prosecutions move forward.”

Commander James McCormick of the HIDTA Region VI Pecos Valley Drug Task Force said, “This was a good cooperative investigation that will have a large impact on trafficking methamphetamine and gun violence in our community.”

 

Twelve of the 15 defendants charged in the five federal indictments are in custody, including seven who were arrested during a major law enforcement operation yesterday.  Three defendants have yet to be arrested and are considered fugitives.

 

Martinez and Jason Cunningham, 37, of Carlsbad made their initial appearances in federal court in Las Cruces this morning.  They remain in federal custody pending detention hearings, which are schedule for Oct. 11, 2017, in Las Cruces. 

 

The following defendants made their initial appearances in federal court in Roswell this morning:  Daniel P. Bruton, 38, of Artesia, N.M., Sergio Mario Chavez, 33, of Artesia, 33, Kenneth R. Dickerson, 56, of Carlsbad, Isela Hernandez, 25, of Roswell, Joshua A. Masters, 42, of Carlsbad, Timothy G. Tanner, 28, of Carlsbad, Jerry O. Twaddle, 37, of Carlsbad, Ethen G. Watts, 27, of Carlsbad, Linda M. Watts, 28, of Carlsbad, and Randi I. Young, 25, of Carlsbad.   They remain in federal custody pending detention hearings, which are currently scheduled for Oct. 11, 2017, in Las Cruces.

 

Erick Miranda-Santos, 21, of Carlsbad, Robert C. Ponce, 42, of Artesia, and Chelcy Vasquez, 25, of Dexter, N.M., have yet to be arrested and are considered fugitives.  Photographs of these defendants are attached and anyone with information on the whereabouts of these fugitives is asked to contact the DEA at 575-526-0700.

 

“HSI will continue to work jointly with our law enforcement partners in its mission to disrupt and dismantle criminal organizations that threaten public safety and national security,” said Jack P. Staton, Acting Special Agent in Charge of HSI El Paso. “This enforcement operation exemplifies what that collaboration and team work can accomplish to make our communities safer.”

 

The U.S. Marshal for the District of New Mexico Conrad E. Candelaria said, “The apprehensions made yesterday illustrate the continued cooperation and vigilance of New Mexico’s law enforcement agencies at the federal, state, and local levels. There is no doubt that the apprehension of these individuals will prevent further acts of criminal behavior and reduce the harm to our citizens in Southeastern New Mexico.”

 

These cases were investigated by the DEA, ATF, HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the HIDTA Region VI Pecos Valley Drug Task Force, the HIDTA Region VI Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office.  The following agencies participated in yesterday’s law enforcement operation in Carlsbad, Artesia and Roswell:  the U.S. Bureau of Land Management Office of Law Enforcement & Security, the HIDTA Region VI Lea County Drug Task Force, the Lea County Sheriff’s Office, the Dona Ana County Metro Narcotics Task Force, the Artesia Police Department, the Carlsbad Police Department, the Hobbs Police Department, the Las Cruces Police Department, and the Roswell Police Department.  Special Assistant U.S. Attorney Clara N. Cobos and Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases filed as the result of the investigation.

 

The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force.  The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  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.

 

Summary of the Federal Charges

 

Indictment in United States v. Daniel P. Bruton, et al., 17-CR-2690

 

Count 1 of the Indictment charges the ten defendants with participating in a conspiracy to distribute methamphetamine.  If convicted on this count, defendants Daniel P. Bruton, Marcos A. Martinez, Jerry. O. Twaddle, Ethen G. Watts, and Isela Hernandez each face a statutory penalty of a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.  If convicted, defendants Kenneth R. Dickerson, Robert C. Ponce and Erick L. Miranda-Santos each face a statutory penalty of a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine.  If convicted, defendants Linda M. Watts and Chelcy A. Vasquez each face a maximum statutory penalty of 20 years of imprisonment and a $1 million fine.

 

Counts 2, 3 and 25 charge certain defendants with distributing a mixture and substance containing methamphetamine.  The maximum statutory penalty for a conviction on each of these counts is imprisonment for 20 years and a $1 million fine.

 

Counts 4 and 5 charge one of the defendants with distributing more than 50 grams of a mixture and substance containing methamphetamine.  The maximum statutory penalty for a conviction on each of these counts is a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine.

 

Counts 6, 7, 10, 11, 12, 14, 17, 19, 22, 24, 28, 29 and 32 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.

 

Counts 8, 16, 18, 23, and 26 charge certain defendants with possession with intent to distribute more than 50 grams of a mixture and substance containing methamphetamine.  The statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.

 

Counts 9 and 20 charge certain defendants with possession with intent to distribute a mixture and substance containing methamphetamine. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.

 

Counts 13 and 21 charge certain defendants with being felons in possession of firearms and ammunition.  The maximum statutory penalty for a conviction on this count is imprisonment for ten years and a $250,000 fine.

 

Counts 15 and 31 charge certain defendants with possession with intent to distribute more than 500 grams of a mixture and substance containing methamphetamine.  The statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.

 

Count 27 charges one defendant with possession of a firearm during an in relation to a drug trafficking crime.  The statutory penalty for a conviction on this count is imprisonment for not less than five years, which must be served consecutive to any other sentence imposed and a $250,000 fine.

 

Count 30 charges certain defendants with distribution of more than 500 grams of a mixture and substance containing methamphetamine.  The statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.

 

Count 33 charges one defendant with attempt to possess with intent to distribute a mixture and substance of methamphetamine.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.

 

Count 34 charges one defendant with receiving, concealing and facilitating the transportation of four AR-15 assault rifles from the United States.  The maximum statutory penalty for a conviction on this count is imprisonment for ten years and a $250,000 fine.

 

Charges against Defendants

 

Daniel P. Bruton, 38, of Artesia, N.M., is charged in Counts 1, 6, 8-10, 12, 15 and 24-27 of the indictment.  Bruton was arrested on Oct. 4, 2017.

 

Marcos A. Martinez, 30, of Roswell, N.M., is charged in Counts 1, 16, 22, 23, 28-30, 32 and 34 of the indictment.  Martinez was arrested on Oct. 1, 2017.

 

Jerry O. Twaddle, 37, of Carlsbad, N.M., is charged in Counts 1, 19, 28 and 31 of the indictment.   Twaddle was transferred from state custody into federal custody on Oct. 5, 2017.

 

Ethen G. Watts, 27, of Carlsbad, N.M., is charged in Counts 1, 2, 4-14 and 16-19 of the indictment.  Ethen Watts was arrested on Oct. 4, 2017.

 

Kenneth R. Dickerson, 56, of Carlsbad, N.M., is charged in Counts 1, 17 and 18 of the indictment.  Dickerson was arrested on Oct. 4, 2017.

 

Robert C. Ponce, 42, of Carlsbad, N.M., is charged in Counts 1, 11, 14, 20 and 21 of the indictment.  Ponce has yet to be arrested and is considered a fugitive.

 

Erick L. Miranda-Santos, 21, of Artesia, N.M., is charged in Counts 1, 22 and 23 of the indictment.  Miranda-Santos has yet to be arrested and considered a fugitive.

 

Linda M. Watts, 28, of Carlsbad, N.M., is charged in Counts 1 through 3 of the indictment.  Linda Watts was arrested on Oct. 4, 2017.

 

Isela Hernandez, 25, of Roswell, N.M., is charged in Counts 1, 29 and 30 of the indictment.  Hernandez was arrested on Oct. 4, 2017.

 

Chelcy A. Vasquez, 25, of Dexter, N.M., is charged in Counts 1, 32 and 33 of the indictment. Vasquez has yet to be arrested and is considered a fugitive. 

 

Indictment in United States v. Sergio Mario Chavez, 17-CR-2691

 

Sergio Mario Chavez, 33, of Artesia, N.M., is charged with possession with intent to distribute more than 50 grams of a mixture and substance containing methamphetamine on July 18, 2017, in Eddy County, N.M.  The statutory penalty for a conviction on this count is imprisonment for is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.  Chavez was arrested on Oct. 4, 2017.

 

Indictment in United States v. Jason R. Cunningham, 17-CR-2692

 

Jason R. Cunningham, 37, of Carlsbad, is charged with distributing a mixture and substance containing methamphetamine on Sept. 27, 2016, in Eddy County, N.M.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine. Cunningham was arrested on Oct. 4, 2017. 

 

Indictment in United States v. Joshua A. Masters, et al., 17-CR-2693

 

Joshua A. Masters, 42, and Randi I. Young, 25, both of Carlsbad, N.M., are charged with distributing methamphetamine on March 8, 2017, in Eddy County, N.M.  Masters also is charged with distributing methamphetamine on Jan. 26, 2017, in Eddy County, N.M.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.  Masters was arrested on Oct. 4, 2017, and Young was transferred from state custody to federal custody on Oct. 5, 2017.

 

Indictment in United States v. Timothy G. Tanner, 17-CR-2695

 

Timothy G. Tanner, 28, of Carlsbad, N.M., is charged with being a felon in possession of a firearm and with possessing a firearm with an obliterated serial number on June 2, 2016, and possession of more than five grams of methamphetamine with intent to distribute on Aug. 4, 2016, in Eddy County, N.M.  Tanner was prohibited from possessing firearms or ammunition because of his prior convictions on drug trafficking and evidence tampering offenses.  The maximum statutory penalty for a conviction on the firearms charges is imprisonment for ten years and a $250,000 fine.  The statutory penalty for a conviction on the methamphetamine trafficking charge is imprisonment for a mandatory minimum of five years and a maximum of 40 years and a $5 million fine.  Tanner is currently in state custody and will be transferred into federal custody to face the federal charges against him.

 

Charges in indictments and criminal complaints are only accusations.  Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

 

Bruton et al Indictment

 

Chelcy A. Vasquez
Erick L. Miranda-Santos
Robert C. Ponce

 

St. Albans man sentenced to nine years in federal prison for methamphetamine crime

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CHARLESTON, W.Va. – A St. Albans man was sentenced today to nine years in federal prison for a drug crime, announced United States Attorney Carol Casto. Jeremiah Joe Johnson, 40, previously pleaded guilty to possession with intent to distribute 50 grams or more of methamphetamine.

 

Johnson admitted that on April 30, 2017, he traveled to Charleston from Atlanta with approximately 1.3 kilograms of methamphetamine. Agents with the Metropolitan Drug Enforcement Network Team were monitoring Johnson’s travels using a GPS tracker and surveillance. Johnson also admitted that he stopped at the Bigley Avenue Go-Mart in Charleston, where an officer saw a passenger with Johnson attempt to hide a meth pipe from view. A drug dog on the scene gave a positive indication for the presence of narcotics, and a subsequent search of the vehicle uncovered the methamphetamine in a bag in the back seat. Johnson additionally admitted that he had obtained the drugs from a source in Georgia, and that he intended to distribute the drugs. Johnson further admitted to several other encounters with law enforcement while he was in possession of dealer amounts of methamphetamine.

 

The Metropolitan Drug Enforcement Network Team, the West Virginia State Police, and the Drug Enforcement Administration conducted the investigation. Assistant United States Attorney R. Gregory McVey is in charge of the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.

 

This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.

 


Attorney General announces reinvigoration of Project Safe Neighborhoods to reduce rising tide of violent crime

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Today, Attorney General Jeff Sessions announced several Department of Justice actions to reduce the rising tide of violent crime in America. Foremost of those actions is the reinvigoration of “Project Safe Neighborhoods,” a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.

In announcing this recommitment to Project Safe Neighborhoods, the Attorney General issued a memo directing United States Attorneys to implement an enhanced violent crime reduction program that incorporates the lessons learned since Project Safe Neighborhoods launched in 2001.

In a statement on the program, the Attorney General said:

"According to the FBI, the violent crime rate has risen by nearly seven percent over the past two years, and the homicide rate has risen by more than 20 percent. We cannot be complacent or hope that this is just an anomaly: we have a duty to take action.

“Fortunately, we have a President who understands that and has directed his administration to reduce crime. The Department of Justice today announces the foundation of our plan to reduce crime: prioritizing Project Safe Neighborhoods, a program that has been proven to work.

“Let me be clear – Project Safe Neighborhoods is not just one policy idea among many. This is the centerpiece of our crime reduction strategy.

“Taking what we have learned since the program began in 2001, we have updated it and enhanced it, emphasizing the role of our U.S. Attorneys, the promise of new technologies, and above all, partnership with local communities. With these changes, I believe that this program will be more effective than ever and help us fulfill our mission to make America safer."

U.S. Attorney Justin E. Herdman said: “This is another welcome tool that allows us to help our local partners work with federal law enforcement to reduce violent crime.”

Cleveland Police Chief Calvin D. Williams said: “The City of Cleveland, Division of Police is grateful to hear of the possibility of funding through federal grants from our partners in the United States Attorney’s Office.  These federal funds could go a long way in terms of allowing the Division of Police to expand not only in terms of staffing, but also in the purchase of new technology and equipment.”

The Attorney General also announced the following Department of Justice initiatives to help reduce violent crime:

-Additional Assistant United States Attorney Positions to Focus on Violent Crime– The Department is allocating 40 prosecutors to approximately 20 United States Attorney’s Offices to focus on violent crime reduction.

-More Cops on the Streets (COPS Hiring Grants)– As part of our continuing commitment to crime prevention efforts, increased community policing, and the preservation of vital law enforcement jobs, the Department will be awarding approximately $98 million in FY 2017 COPS Hiring Grants to state, local, and tribal law enforcement agencies.

-Organized Crime and Drug Enforcement Task Force’s (OCDETF) National Gang Strategic Initiative –The National Gang Strategic Initiative promotes  creative enforcement strategies and best practices that will assist in developing investigations of violent criminal groups and gangs into enterprise-level OCDETF prosecutions.  Under this initiative, OCDETF provides “seed money” to locally-focused gang investigations, giving state, local, and tribal investigators and prosecutors the resources and tools needed to identify connections between lower-level gangs and national-level drug trafficking organizations.

-Critical Training and Technical Assistance to State and Local Partners–The Department has a vast array of training and technical assistance resources available to state, local and tribal law enforcement, victims groups, and others.  To ensure that agencies in need of assistance are able to find the training and materials they need, OJP will make available a Violence Reduction Response Center to serve as a “hot line” to connect people to these resources. 

-Crime Gun Intelligence Centers (CGIC)– The Department has provided grant funding to support a comprehensive approach to identifying the most violent offenders in a jurisdiction, using new technologies such as gunshot detection systems combined with gun crime intelligence from NIBIN, eTrace, and investigative efforts.  These FY 2017 grants were awarded to Phoenix, AZ, and Kansas City, MO. 

-Expand ATF’s NIBIN Urgent Trace Program– The Department will expand ATF’s NIBIN Urgent Trace Program nationwide by the end of the year.  Through this program, any firearm submitted for tracing that is associated with a NIBIN “hit” (which means it can be linked to a shooting incident) will be designated an “urgent” trace and the requestor will get information back about the firearm’s first retail purchaser within 24 hours, instead of 5 to 6 business days.

 

Attorney General Announces Reinvigoration Of Project Safe Neighborhoods And Other Actions To Reduce Rising Tide Of Violent Crime

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Sacramento, Calif. – Today, Attorney General Jeff Sessions announced several Department of Justice actions to reduce the rising tide of violent crime in America. Foremost of those actions is the reinvigoration of “Project Safe Neighborhoods,” a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.

In announcing this recommitment to Project Safe Neighborhoods, the Attorney General issued a memo directing United States Attorneys to implement an enhanced violent crime reduction program that incorporates the lessons learned since Project Safe Neighborhoods launched in 2001. The Attorney General emphasized that Project Safe Neighborhoods is the centerpiece of the Department’s crime reduction strategy.

In a statement on the program, the Attorney General said: “Taking what we have learned since the program began in 2001, we have updated it and enhanced it, emphasizing the role of our U.S. Attorneys, the promise of new technologies, and above all, partnership with local communities. With these changes, I believe that this program will be more effective than ever and help us fulfill our mission to make America safer."

U.S. Attorney Phillip A. Talbert stated, “My office has a strong track record of working with our federal, state and local partners to prosecute cases aimed at reducing violent crime in our communities. We have developed a model that relies on cooperation between federal and local law enforcement agencies to target the most violent street gangs plaguing cities in our district. We have deployed this strategy most recently in Solano County, Stockton, and Fresno, and we are committed to sustaining these efforts to help keep our communities safe for everyone. Project Safe Neighborhoods is alive and well in the Eastern District of California.” 

Just last month, on September 8, 2017, the U.S. Attorney’s Office for the Eastern District of California, together with the Fresno County District Attorney, announced the conclusion of a multi-agency operation that targeted Fresno-area street gangs and their associates. The operation resulted in the arrest of 15 defendants on federal drug and firearm charges and 14 defendants on similar state charges. The charges ranged from drug trafficking to illegally trafficking in firearms, and agents seized more than 30 firearms and multiple pounds of methamphetamine during the operation. This operation was the product of cooperative efforts by DEA, FBI, HSI, ATF, the Fresno Police Department, the Fresno County Sherriff’s Office, and the Multi-Agency Gang Enforcement Consortium (MAGEC).

Project Safe Neighborhoods is a comprehensive program that emphasizes prioritized and targeted enforcement and focuses on violent crime prevention. In addition to its enforcement efforts, the United States Attorney’s Office is engaged in various prevention efforts throughout the district, including participation in a Ceasefire program in Stockton and the Safe Streets Partnership in Bakersfield, while also employing a full-time employee responsible for coordinating reentry resources. 

Sentencings for September 29 - October 5, 2017

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Ryan Christopher Fagan, 36, of Sheridan, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on October 5, 2017, for possession with intent to distribute methamphetamine. Fagan was arrested in Platte County, Wyoming. He received 41 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay $250.00 in restitution and a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wyoming Division of Criminal Investigation.

Miguel Martinez-Morales, 35, was sentenced by Federal District Court Judge Alan B. Johnson on October 5, 2017, for illegal re-entry of a previously deported alien into the United States. Martinez-Morales was arrested in Campbell County, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.

Jose Alberto Acuna, 31, of Casper, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on October 3, 2017, for possession with intent to distribute 50 grams or more of methamphetamine. Acuna was arrested in Green River, Wyoming. He received 120 months of imprisonment, to be followed four years of supervised release, and was ordered to pay $900.00 in restitution and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.

Dylan Thomas Blackburn, 20, of Riverton, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on October 3, 2017, for assault resulting in serious bodily injury. Blackburn was arrested in Lander, Wyoming. He received 21 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay $11,862.63 in restitution and a $100.00 special assessment. This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.

Ronald Detro Winder, 51, was sentenced by Federal District Court Judge Alan B. Johnson on October 2, 2017, for being a felon in possession of firearms. Winder was arrested in Gillette, Wyoming. He received 36 months of imprisonment, to be followed by two years of supervised release, and was ordered to pay a $200.00 fine and a $100.00 special assessment This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Lennace Louis Miller, 28, of Casper, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on October 2, 2017, for being a felon in possession of a firearm. He received 51 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $200.00 fine and a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Crawford Daniel Oldman, 28, of Riverton, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on September 29, 2017, for assault resulting in serious bodily injury. Oldman was arrested in Lander, Wyoming. He received 18 months of imprisonment, to be followed by two years of supervised release, and was ordered to pay a $100.00 special assessment. Restitution in this matter will be determined at a later date. This case was investigated by the Federal Bureau of Investigation.

Camano Island Man Sentenced to 9 Years in Prison for Paying for the Molestation of Children Viewed via the Internet

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          A 69-year-old resident of Camano Island, Washington, was sentenced today in U.S. District Court in Seattle to nine years in prison and 15 years of supervised release for receipt of child pornography, announced U.S. Attorney Annette L. Hayes.  JOSEPH VERNON GRUBBS pleaded guilty in June 2017, admitting he paid people in the Philippines to sexually abuse children, and send the images and videos of that abuse to him over email.  He paid to watch live webcasts of minors performing sex acts with other minors and adults.  At the sentencing hearing, U.S. District Judge Thomas S. Zilly told GRUBBS “this is outrageous conduct.” 

          “The depravity of this defendant’s conduct is beyond words,” said U.S. Attorney Annette L. Hayes.  “He took advantage of poverty in a country half a world away to facilitate the sexual abuse of children.  The result was the perpetuation of a vicious cycle of abuse and victimization that harmed the most vulnerable among us.”   

          According to records filed in the case, GRUBBS came to the attention of law enforcement when Yahoo notified the FBI that it was investigating a number of users of its email and messaging service who were sexually exploiting children in the Philippines.  The FBI served a search warrant on GRUBBS’s home, and arrested him in July 2016.  GRUBBS had traveled frequently to the Philippines.  He told investigators he lived there in a second home six months of the year.            

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

          The case was investigated by the FBI.  The case is being prosecuted by Assistant United States Attorney Matthew Hampton.

 

Attorney General Jeff Sessions Announces Reinvigoration of Project Safe Neighborhoods and Other Actions to Reduce Rising Tide of Violent Crime

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LITTLE ROCK—Today, Attorney General Jeff Sessions announced several Department of Justice actions to reduce the rising tide of violent crime in America. Foremost of those actions is the reinvigoration of “Project Safe Neighborhoods,” a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.

In announcing this recommitment to Project Safe Neighborhoods, the Attorney General issued a memo directing United States Attorneys to implement an enhanced violent crime reduction program that incorporates the lessons learned since Project Safe Neighborhoods launched in 2001.

The PSN program strives to identify the most violent locations in the district and the individuals who drive the gun and gang violence in our cities. PSN partners then develop and bring cases against those who commit violent crimes. Ultimately, the coordinated effort ensures that the most violent offenders are prosecuted in the legal venue that provides the most certain and appropriate penalty.

In a statement on the program, the Attorney General said: “According to the FBI, the violent crime rate has risen by nearly seven percent over the past two years, and the homicide rate has risen by more than 20 percent. We cannot be complacent or hope that this is just an anomaly: we have a duty to take action.

“Fortunately, we have a President who understands that and has directed his administration to reduce crime. The Department of Justice today announces the foundation of our plan to reduce crime: prioritizing Project Safe Neighborhoods, a program that has been proven to work.

“Let me be clear – Project Safe Neighborhoods is not just one policy idea among many. This is the centerpiece of our crime reduction strategy.

“Taking what we have learned since the program began in 2001, we have updated it and enhanced it, emphasizing the role of our U.S. Attorneys, the promise of new technologies, and above all, partnership with local communities. With these changes, I believe that this program will be more effective than ever and help us fulfill our mission to make America safer.”

The United States Attorney’s office for the Eastern District has participated in the PSN program since its inception in 2001, and continues to engage in programs aimed at curbing violent crime in Pulaski County and surrounding areas. For example, for the past 18 months the U.S. Attorney’s office has collaborated with the Sixth Judicial District Prosecuting Attorney’s office to target for federal prosecution those violent criminals with significant criminal history involved in gun crimes. In addition, since July the U.S. Attorney’s office has actively participated in the violent crimes task force GET Rock, aimed at combatting the upswing in local gang violence.

“This office remains committed to implementing policies to enhance the Project Safe Neighborhoods framework,” said Patrick C. Harris, Acting United States Attorney for the Eastern District of Arkansas. “We continue to believe that PSN’s collaborative and targeted approach to enforcement efforts will result in the greatest reduction in violent crime. This reinvigoration of PSN emphasizes strong federal involvement, building partnerships with local law enforcement and community stakeholders, targeted enforcement in those areas most affected by violent crime, and outreach efforts designed to prevent violent crime before it occurs. We look forward to continuing our work with local, state and federal law enforcement partners to target criminal organizations and aggressively remove violent offenders from the streets.”

The Attorney General also announced the following Department of Justice initiatives to help reduce violent crime:

  • Additional Assistant United States Attorney Positions to Focus on Violent Crime– The Department is allocating 40 prosecutors to approximately 20 United States Attorney’s Offices to focus on violent crime reduction.
  • More Cops on the Streets (COPS Hiring Grants)– As part of our continuing commitment to crime prevention efforts, increased community policing, and the preservation of vital law enforcement jobs, the Department will be awarding approximately $98 million in FY 2017 COPS Hiring Grants to state, local, and tribal law enforcement agencies.
  • Organized Crime and Drug Enforcement Task Force’s (OCDETF) National Gang Strategic Initiative–The National Gang Strategic Initiative promotes creative enforcement strategies and best practices that will assist in developing investigations of violent criminal groups and gangs into enterprise-level OCDETF prosecutions. Under this initiative, OCDETF provides “seed money” to locally-focused gang investigations, giving state, local, and tribal investigators and prosecutors the resources and tools needed to identify connections between lower-level gangs and national-level drug trafficking organizations.
  • Critical Training and Technical Assistance to State and Local Partners–The Department has a vast array of training and technical assistance resources available to state, local and tribal law enforcement, victims groups, and others. To ensure that agencies in need of assistance are able to find the training and materials they need, OJP will make available a Violence Reduction Response Center to serve as a “hot line” to connect people to these resources.
  • Crime Gun Intelligence Centers (CGIC)– The Department has provided grant funding to support a comprehensive approach to identifying the most violent offenders in a jurisdiction, using new technologies such as gunshot detection systems combined with gun crime intelligence from NIBIN, eTrace, and investigative efforts. These FY 2017 grants were awarded to Phoenix, AZ, and Kansas City, MO.
  • Expand ATF’s NIBIN Urgent Trace Program– The Department will expand ATF’s NIBIN Urgent Trace Program nationwide by the end of the year. Through this program, any firearm submitted for tracing that is associated with a NIBIN “hit” (which means it can be linked to a shooting incident) will be designated an “urgent” trace and the requestor will get information back about the firearm’s first retail purchaser within 24 hours, instead of 5 to 6 business days.

 

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