FRESNO, Calif. — Pacific Western Bank (“PacWest”) has paid $1.75 million to resolve allegations that First California Bank, which PacWest acquired in 2013, violated Section 951 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), codified at 12 U.S.C. § 1833a, by facilitating the embezzlement scheme of Kinde Durkee, United States Attorney Phillip A. Talbert announced. 

Durkee, a former accountant for political campaigns and nonprofit organizations, controlled hundreds of client accounts held at First California. Over several years, Durkee siphoned millions of dollars from those client accounts to her own operating account at First California via unauthorized check transfers.  Durkee pled guilty to federal mail fraud charges in March 2012. 

The United States alleges that First California allowed Durkee to carry out her fraud scheme by ignoring obvious warning signs that Durkee was stealing from her clients and by failing to comply with the bank’s internal protocols and procedures designed to prevent and detect fraud. Given these failures by First California, Durkee’s fraud continued unabated for years and resulted in millions of dollars in losses to Durkee’s customers.

“People who commit white collar crimes such as embezzlement, fraud, and money laundering often use the banking system to facilitate their crimes,” U.S. Attorney Talbert said. “The Department of Justice will continue to hold accountable financial institutions that allow such conduct to occur by turning a blind eye to obvious criminal activity.”

“The FBI is committed to protecting the American people by investigating violations of law by all entities, including sophisticated financial institutions,” said Special Agent in Charge Sean Ragan of the FBI Sacramento field office. “One of the FBI's mission priorities is combatting major white-collar crime, and that includes the investigation of not only individuals engaged in fraud, but financial institutions that facilitate such activity.”

“Integrity is a cornerstone of the banking industry,” said Wade V. Walters, Special Agent in Charge, FDIC Office of Inspector General, Office of Investigations, San Francisco Region. “The Federal Deposit Insurance Corporation Office of Inspector General is committed to ensuring that individuals or entities seeking to undermine that integrity will be held accountable.”

This case was the product of an investigation by the Federal Bureau of Investigation and the FDIC Office of Inspector General. Assistant U.S. Attorney Vincente A. Tennerelli represented the United States in this matter.

The claims settled by this agreement are allegations only, and there has been no determination of liability. The settled claims relate exclusively to conduct by First California prior to its acquisition by PacWest Bancorp in 2013.

SPRINGFIELD, Ill. – Appearing before U.S. District Judge Sue E. Myerscough today, Robbie Wilkerson, the founding pastor of New Birth Christian Center, a non-denominational church in Chicago, was ordered to serve 37 months in prison for defrauding a summer food program for low-income children. Wilkerson, 50, of Oak Park, Ill., was also ordered to pay restitution in the amount of $440,964. Wilkerson’s wife, Tasha, 45, was also sentenced today, to a term of 12 months and one day in prison. She was ordered to pay $40,001 in restitution jointly and severally with her husband. On May 30, 2017, Robbie Wilkerson pled guilty to wire fraud and money laundering;

The business administrator for the 2010 summer food program, Anthony Hall, 55, a NBCC pastor, of Downers Grove, Ill., was sentenced on Sept. 22, to serve five years of federal probation, including 10 months of home confinement. Hall was also ordered to pay $40,001 in restitution, jointly and severally with Robbie Wilkerson.

Richard Shumate, 52, program operations manager for the 2010 program; and his wife Evelyn Shumate, 49, who worked as an assistant for the program, of Romeoville, Ill., were each sentenced on Sept. 15. Both were ordered to serve five months in the custody of the federal Bureau of Prisons followed by five months of home confinement. The couple was also ordered to pay $49,964 in restitution, jointly and severally with Robbie Wilkerson.

Tasha Wilkerson, Hall, Richard, and Evelyn Shumate each entered pleas of guilty in May 2017, to one count of theft of government funds.  

The Summer Food Service Program provides nutritious meals to low-income children during the summer months when schools are not in session. In Illinois, the State Board of Education (ISBE) administers the program funding which is provided by the Food and Nutrition Service, an agency of the U.S. Department of Agriculture. 

The New Birth Christian Center operated the food program in 2008, 2009 and 2010, and was one of the largest recipients of Summer Program funds in Illinois. For the 2010 program year, Robbie Wilkerson, on behalf of NBCC, submitted a total operational budget to the ISBE of $446,440, including $250,000 for food and $26,400 for administrative costs. The budget represented that NBCC would administer the summer program at 34 sites in the Chicago area.

Instead, as he admitted in court, Wilkerson admitted that he submitted or caused to be submitted, approximately $714,000 in false and fraudulent claims to ISBE, more than $250,000 above the budgeted amount. The submitted claims represented that approximately 267,000 meals were served to low-income children, when in fact, fewer than 100,000 meals were actually served, and as much as $450,000 was used for personal expenses by Wilkerson and his wife.  

Robbie and Tasha Wilkerson admitted that they embezzled more than $100,000 from the program, including more than $60,000 in direct payments to themselves, at the same time Tasha was paid as an employee of Youth Outreach Services, Chicago, as a prevention coordinator.  In addition, more than $10,000 was given directly to relatives; $20,000 in cash and other withdrawals from NBCC’s bank account; $46,000 to purchase real estate in Chicago; and, $37,109 to purchase a residence in Memphis Tenn., for Robbie Wilkerson’s parents. 

Hall admitted that he embezzled as much as approximately $50,800 in USDA funds for his and his spouse’s use, an amount that exceeded the projected total administrative costs for the summer program by more than $20,000. 

Richard and Evelyn Shumate admitted embezzling between $40,0001 and $$95,000 in USDA funds for their personal use, including as much as $28,695 to purchase a 2011 Hyundai Sonata. 

Assistant U.S. Attorney Timothy A. Bass prosecuted the case on behalf of the U.S. Attorney’s Office for the Central District of Illinois.  The charges are the result of investigation by the U.S. Department of Agriculture, Office of Inspector General.  The Illinois State Board of Education also assisted in the investigation.

United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Rene DeLeon, Jr., age 41, was indicted on August 22, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 6, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between March 1, 2014, and April 14, 2014, as well as between October 1, 2015, and February 28, 2016, DeLeon, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction for sexual assault of a child, knowingly failed to register and update his registration.

The charges are merely accusations and DeLeon is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

DeLeon was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

LAS VEGAS, Nev.– A defendant charged in the case involving the armed standoff in Bunkerville, Nev. pleaded guilty today in federal court, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division, and Acting Director Michael D. Nedd for the U.S. Bureau of Land Management (BLM).

Peter T. Santilli Jr, 52, of Cincinnati, Ohio, pleaded guilty to conspiracy to impede or injure a federal officer. United States District Chief Judge Gloria M. Navarro accepted the guilty plea. Sentencing is set for Jan. 11, 2018. At the time of sentencing, Santilli faces up to six years in prison and a $250,000 fine.

Beginning on or around March 28, 2014, federal law enforcement officers from the BLM and the National Park Service were engaged in the official duties of executing federal court orders authorizing them to remove and impound Cliven Bundy’s cattle trespassing on federal public lands in and around Bunkerville.

According to admissions made in connection to his plea, Santilli admitted that he knew Cliven Bundy and his sons, Ammon, Dave, Mel, and Ryan, and others associated with them, planned to thwart, impede, and interfere with impoundment operations. He admitted that on April 9, 2014, he used his vehicle to block a convoy of BLM law enforcement officers and civilian employees as they were performing their official duties related to the impoundment. As a result, others were allowed to surround the convoy and threaten vehicle occupants by force, violence, and fear, inducing the officers to leave the place where their duties were required to be performed.

The investigation is being handled by the FBI and BLM. The case is being prosecuted by Acting U.S. Attorney Steven W. Myhre, Assistant U.S. Attorneys Nadia J. Ahmed and Daniel R. Schiess, and Special Assistant U.S. Attorney Erin M. Creegan.

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ALBANY, NEW YORK – Michael R. Bush, age 49, of Fort Edward, New York, was sentenced today to 121 months in prison following his guilty plea to receiving child pornography.

The announcement was made by Acting United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation. 

As part of his guilty plea, Bush admitted that in October 2016 he used his phone to download from the Internet over 20 image files containing child pornography.  The images depicted sexual abuse of children as young as 3 years old. 

In sentencing Bush, United States District Judge Mae A. D’Agostino told him that the children in the images he received “are victims in every conceivable sense.”

“Images of child pornography involve real children,” she said.  “These are not caricatures.  These are not made-up images.”  Bush was also ordered to serve a lifetime term of supervised release following his prison sentence.  He must also register as a sex offender. 

This case was investigated by the FBI, New York State Police and the Warren County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti. 

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorneys’ Offices, 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 identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/

SYRACUSE, NEW YORK - Michael Caraher, age 27, of Morrisville, New York, pled guilty today to one count of distribution of child pornography, three counts of receipt of child pornography and four counts of possession of child pornography.

The announcement was made by Acting United States Attorney Grant C. Jaquith and Vadim Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

As part of his guilty plea, Caraher admitted to using a custom-built desktop computer to access child pornography-oriented Internet sites, including at least one on the anonymous “Tor” network, for the purpose of downloading child pornography.  Caraher also admitted to using peer-to-peer file-sharing software on a laptop computer to download additional child pornography.  Overall, Caraher downloaded and saved over 100 videos and almost one thousand images depicting child pornography.  Caraher further admitted to using an instant messaging application on his smartphone to trade the child pornography he had downloaded with other users.

Sentencing is scheduled for February 16, 2018, in Syracuse, New York.

Caraher, who is detained in custody pending sentencing, faces a minimum term of imprisonment of five (5) years on the charges for distribution and receipt of child pornography.  Caraher faces a maximum term of imprisonment of twenty (20) years on all eight counts.  The Court is also required to impose a term of supervised release between five (5) years and life, and Caraher will be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors

This case was investigated by the Albany Division of the FBI (Syracuse Resident Agency), and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is 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 https://www.justice.gov/psc.

FORT WAYNE – Acting United States Attorney for the Northern District of Indiana, Clifford D. Johnson, announces that, Timothy Gilmore, age 37, of Doniphan, Missouri, was sentenced, before United States District Court Chief Judge Theresa Springmann after being convicted of using a computer to entice of a minor to engage in sexually explicit conduct. 

Gilmore was sentenced to 180 months imprisonment and 5 years of supervised release.

According to documents filed in this case, between January 8, 2016 and April 18, 2016, Gilmore began communicating with a 16 year old juvenile from Fort Wayne, Indiana, over social media.  The communications transitioned into telephone communications.  During the course of the communications, Gilmore solicited and enticed the juvenile to engage in sexually explicit conduct and to produce videos and still images of said conduct and to transmit the videos and images to him via the internet.  Gilmore then reposted the transmitted images on his on-line blog.

This case was the result of an investigation by the Federal Bureau of Investigation and the Fort Wayne Police Department and was handled by Assistant United States Attorney Stacey R. Speith.

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Grand Jury Says Brandon Kenon Rogers Defrauded Treasury of Nearly $150,000

          GRAND RAPIDS, MICHIGAN— Acting U.S. Attorney Andrew Birge announced today that a federal grand jury has returned an indictment charging Brandon Kenon Rogers, 31, of Grand Rapids, with student loan and grant fraud. The grand jury charged Rogers with defrauding the U.S. Department of Education of approximately $150,000 in a wire fraud scheme and with committing aggravated identity theft as part of the scheme. Rogers surrendered himself to U.S. Marshals today and was released on bond after appearing before U.S. Magistrate Judge Ray Kent. U.S. District Judge Paul Maloney will handle further proceedings in the case.

          The indictment alleges that Rogers defrauded the U.S. Department of Education by obtaining the identity information of others and posing as those individuals while applying online for Student Loans and Pell Grants in their names. He also enrolled online in local community colleges, including Grand Rapids Community College and Kalamazoo Valley Community College, using those same identities. Rogers was awarded loans and grants and allegedly used them for his own purposes without actually attending the classes as required.

          Wire fraud carries a maximum possible penalty of 20 years in prison plus other penalties. Aggravated Identity Theft carries a mandatory two-year prison term, which must be served after the completion of any other sentence.

          Acting U.S. Attorney Birge advised that: "These loan and grant programs are for students who want to better themselves with an education and obviously not for those who would take advantage to simply line their pockets. My office will not tolerate schemes like what we have alleged here."

          The Grand Rapids Community College Department of Public Safety, the U.S. Department of Education, Office of Inspector General, the Federal Bureau of Investigation and the Internal Revenue Service investigated this case. Prosecution of the Rogers will be handled by Timothy VerHey, Assistant United States Attorney.

          The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.

END

Oklahoma City, Oklahoma–KEN EJIMOFOR EZEAH, 35, and AKUNNA BAIYINA EJIOFOR, 33, have been sentenced to 11 and 7 years in federal prison respectively for their roles in a fraudulent romance scheme involving victims throughout the United States, announced Mark A. Yancey, U.S. Attorney for the Western District of Oklahoma. 

On February 16, 2016, a grand jury indicted Ezeah and Ejiofor for conspiracy and wire fraud.  According to the indictment, the scheme involved using false profiles to open accounts on online dating web sites and then courting victims by pretending to be successful financial advisors or affiliated with charitable causes.  Over time, through supposedly romantic relationships, the defendants caused victims to share personal information about their finances and then encouraged victims to wire them money on the pretext of managing their investments.  The conspirators actually kept the money for personal use.  The two wire fraud counts concerned wire transfers from a victim in Oklahoma City that totaled more than $1 million.  On June 22, 2016, a grand jury returned a superseding indictment that added one count of aggravated identity theft and 16 counts of wire fraud relating to additional victims.

Both Ezeah and Ejiofor were arrested in Houston, Texas, on January 27, 2016.  Ezeah has been in federal custody since that time.  He pled guilty to conspiracy on February 1, 2017.  Ejiofor, who was released on bond after her arrest, exercised her right to a jury trial and was convicted on all counts on March 30, 2017.  She has been in federal custody since her conviction.

Today United States District Court Judge Timothy D. DeGiusti sentenced Ezeah to 11 years in prison and three years of supervised release.  Ezeah was also ordered to pay $4,678,302.79 in restitution to ten individual victims.  At a separate sentencing on September 28, 2017, Ejiofor received 7 years in prison and three years of supervised release.  She owes the same restitution to the same ten victims, jointly and severally with Ezeah.  Reference is made to public filings for further information.

This case is the result of an investigation by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Timothy W. Ogilvie.

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Arthur Clark, 29, of Buffalo, NY, of the sole charge against him, conspiracy to possess with intent to distribute and to distribute marijuana. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorneys Laura A. Higgins and Patricia Astorga, who handled the prosecution of the case, stated that between April and September of 2015, the defendant, a courier for a commercial delivery service in Buffalo, conspired with Damarcus Hennings, Shaquata Hennings, Dashawn Abrams, Shahana Beaver and Janice Humphrey, to ship, receive, and distribute more than 50 packages containing marijuana from Denver, Colorado to Buffalo. After the marijuana was sold, the co-defendants would send the cash proceeds from their drug sales back to their marijuana source of supply in Denver. All of defendant’s co-defendants pleaded guilty prior to trial. 

The verdict is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.

Sentencing is scheduled for January 18, 2018 at 3:00 p.m. before U.S. District Judge Elizabeth A. Wolford who presided over the trial of the case.

Portland, Maine:  The United States Attorney’s Office announced that Halsey B. Frank has taken the oath of office to become the U.S. Attorney for the District of Maine.  U.S. Attorney Frank was nominated by President Donald Trump on July 27, 2017 and confirmed by the U.S. Senate on October 4, 2017. He took the oath of office today from U.S. District Court Chief Judge Nancy Torresen.

U.S. Attorney Frank is the top-ranking federal law enforcement official in the District of Maine. He oversees a staff of 47 employees and contractors located in Portland and Bangor, including 24 attorneys, 20 non-attorney support personnel and three contractors. The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.

U.S. Attorney Frank grew up in New York City and in Englewood, New Jersey.   Prior to becoming U.S. Attorney for the District of Maine, he was an Assistant U.S. Attorney (AUSA) in the District of Maine where, from 1999 to 2017, he prosecuted federal crimes and defended the United States in civil actions in federal district court.  From 1990 to 1999, he served as an AUSA in the District of Columbia, where he prosecuted crimes in the Superior Court for the District of Columbia and in the U.S. District Court for the District of Columbia, and defended the United States in civil actions in the district court.  From 1987 to 1990, he served as a Trial Attorney in the Torts Branch of the Civil Division of the Department of Justice in Washington, D.C., where he defended the United States in tort actions around the country.  U.S. Attorney Frank is a 1980 graduate of Wesleyan University and a 1986 graduate of Boston University School of Law. 

 CHARLOTTE, N.C. – U.S. Attorney Jill Westmoreland Rose announced today that $5,270,994 in federal grants have been awarded to local law enforcement agencies, non-profit organizations, and tribal government programs in the Western District of North Carolina.  The federal grants are administered by multiple awarding agencies, which are components of the Justice Department’s Office of Justice Programs (OJP).

“Federal grants are an important funding source for a broad spectrum of agencies in the Western District.  Local law enforcement, non-profit service providers, community organizations and tribal governments count on federal grants to supplement their resources, launch new initiatives, support existing programs, and provide important services to their communities.  The awarded grants will be used to enhance the Justice Department’s and my Office’s efforts to reduce violent crime, assist victims of crime, enhance access to services and increase public safety throughout this district,” said U.S. Attorney Rose.    

The recipients of the grants are:

City of Charlotte: Two federal grants totaling $1,431,708 were awarded to the Charlotte-Mecklenburg Police Department (CMPD). Specifically, $1,125,606 will be used to sustain and expand CMPD’s current testing of Sexual Assault Kits (SAKs), to reduce the existing number of SAKs in its inventory, and to update CMPD’s current technology related to SAKs.  Another $306,102 has been awarded to enhance CMPD’s current DNA analysis process, to reduce the current number of DNA cases and to maintain CMPD’s laboratory capabilities.

Mecklenburg County: The County will receive a total of $718,794 in federal grants, of which $368,798 will be used to support the County’s implementation of the Mecklenburg County Systemic Response Plan to the opioid crisis, including, to gather information about and enhance services to targeted populations. The Mecklenburg County Community Support Services Department will receive a $349,996 federal grant, to provide housing and supportive services to 20 victims of domestic violence, sexual assault, dating violence or stalking and their families.

Eastern Band of Cherokee Indians (EBCI): As the recipients of three federal grants totaling $1,720,442, EBCI will apply the awarded funds to combat violence against women in Indian Country, improve public safety, serve victims of crime, increase access to victim services including housing and legal assistance, coordinate outreach and awareness activities, and support youth programs in Indian Country. 

30^th Judicial District Domestic Violence-Sexual Assault Alliance: The grantee has been awarded $600,000 toward increasing victim advocacy and providing comprehensive legal services to victims of domestic violence, sexual assault, dating violence and stalking in Cherokee, Clay, Graham, Haywood, Jackson, Macon and Swain Counties in Western North Carolina. 

Haywood County:  As recipient of a $450,000 grant, the County will collaborate with the 30^th Judicial District Domestic Violence-Sexual Assault Alliance to provide centralized and comprehensive services to victims of domestic violence, sexual assault, dating violence and stalking.  A portion of the funds will be used to provide sexual assault training for law enforcement officers, technical assistance related to investigations, and services to specific victims.

Helpmate, Incorporated:  Awarded $350,000, Helpmate, in cooperation with the Housing Authority of the City of Asheville, will use the grant to provide, among other things, permanent housing and supportive services to 20 survivors of domestic violence, sexual assault, dating violence or stalking and their families.

Office of Justice Programs (OJP) and current OJP funding opportunities can be found at:https://ojp.gov/funding/index.htm

The Office on Violence Against Women (OVW) administers grant programs authorized by the Violence Against Women Act (VAWA) of 1994 and subsequent legislation.  For a list of OVW grant programs and additional grant funding information please visit: http://www.justice.gov/ovw/grant-programs.

The Bureau of Justice Assistance (BJA) provides leadership and assistance to local criminal justice programs that improve and reinforce the nation’s criminal justice system.  BJA’s goals are to reduce and prevent crime, violence, and drug abuse and to improve the way in which the criminal justice system functions. BJA works closely with programs that bolster law enforcement operations, expand drug courts, and provide benefits to safety officers. BJA Funding announcements are posted at: https://www.bja.gov/funding.aspx.

The National Institute of Justice (NIJ) is the research, development and evaluation agency of the U.S. Department of Justice, dedicated to improving knowledge and understanding of crime and justice issues through science. For additional information and to locate a funding opportunity please visit:

http://www.nij.gov/funding/Pages/welcome.aspx.

Jackson, TN – A local man has been sentenced to 17 years’ imprisonment for conspiracy to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking offense. D. Michael Dunavant, United States Attorney for the Western District of Tennessee, announced the sentence today.

According to information presented in court, the FBI and other federal, state and local agencies conducted a year-long investigation into Franklin Shane Rushing, 46 of Decaturville, TN, and other co-conspirators who were distributing actual methamphetamine (methamphetamine with 80% or higher purity) in the Western District of Tennessee. The FBI received information that Rushing was a major distributor of ICE in Decatur County, Tennessee.

On December 9, 2015, a source purchased one ounce of meth from Rushing for $1,100. The DEA lab confirmed the drug amount to be 29.8 grams of 98.7% pure meth. Later that same day, Rushing sold another 28.2 grams of 99.6% pure meth. In February 2016, Rushing purchased one pound of ICE for $13,000 from his supplier. Law enforcement recovered another 4.5 ounces of ICE sold by Rushing. In March 2016, a traffic stop was conducted before Rushing could meet with his supplier to make arrangements for more narcotics. Seized from Rushing at that time was $9,086, as well as a loaded .40 caliber pistol in a holster. Law enforcement conducted a search warrant on Rushing’s home the same day as the traffic stop. 48 additional firearms were confiscated, along with digital scales, baggies, a small amount of meth and a drug notebook. During a 4-month period, 2.5 kilos of ICE was attributed to Rushing through this investigation.

On October 5, 2017, U.S. District Judge J. Daniel Breen sentenced Rushing to 144 months’ imprisonment for the drug conspiracy. He will serve 60 months consecutively on the firearms offense and 5 years supervised release following his incarceration.

The case was investigated by the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; Tennessee Bureau of Investigation; 24th Judicial Drug Task Force; Decatur County Sheriff’s Department; Henderson County Sheriff’s Department; Lexington Police Department and as part of the FBI Safe Streets Task Force; Dyersburg Police Department and Jackson Police Department.

Assistant U.S. Attorney Beth C. Boswell prosecuted this case on the government’s behalf.

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Romasiewicz, age 25, of Exeter, Pennsylvania, was charged in a criminal information on October 6, 2017, with unlawfully possessing a firearm as a convicted felon.

According to United States Attorney Bruce D. Brandler, the information alleges that Romasiewicz was in possession of a Smith and Wesson 9mm handgun in July-August 2017, in Luzerne County, having previously been convicted of a crime punishable by more than one year in prison.  

The charge stems from an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

RALEIGH– Robert J. Higdon, Jr. has taken the oath of office to become the United States Attorney for the Eastern District of North Carolina.  Mr. Higdon was nominated by President Donald Trump on August 2, 2017 and confirmed by the United States Senate on September 28, 2017.  He took the oath of office from Chief United States District Judge James C. Dever.

Mr. Higdon stated, “It is an honor and a privilege to serve the people of the Eastern District of North Carolina as United States Attorney.  I am grateful to President Trump for this opportunity and I want to thank Senators Richard Burr and Thom Tillis for their strong support though the confirmation process.”

As U.S. Attorney, Mr. Higdon is the top-ranking federal law enforcement official in the Eastern District of North Carolina, which includes the 44 eastern most counties of North Carolina. He oversees a staff of 108 employees, including 51 attorneys and 57 non-attorney support personnel.  The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics.  The office also defends the United States in civil cases and collects debts owed to the United States.

Mr. Higdon, a Greensboro native, spent nearly 24 years as a federal prosecutor, including serving as an Assistant United States Attorney in both the Western and Eastern Districts of North Carolina.  He has supervised and prosecuted a wide range of criminal cases, including narcotic traffickers, white collar and public corruption matters, mail and wire fraud, bribery, false statements, Foreign Corrupt Practices, violations of the Federal Election Campaign Act, violations of import/export regulations, money laundering, theft of government property and violations involving government contracting and programs.  Mr. Higdon has been involved in a number of high-profile cases, including the investigation and resolution of violations by a private security firm, a criminal investigation that returned North Carolina's Original Copy of the Bill of Rights to the State more than 130 years after it was stolen by Federal Troops, the prosecution of numerous public officials in North Carolina and in other states and was co-lead counsel in the prosecution of former United States Senator and former Presidential candidate John Edwards.

Mr. Higdon received his J.D. in 1989 from the Wake Forest University School of Law and his B.A. in 1985 from Wake Forest University.  He is a member of the North Carolina State Bar and the State Bar of Georgia.

Keno Deandre Lane, aka Savage, 25, of Nashville, Tenn., was sentenced on October 6, 2017, to five years in prison, followed by three years of supervised release, for making a false declaration before a grand jury, announced United States Attorney Donald Q. Cochran of the Middle District of Tennessee.

Lane was indicted in April 2016 and pleaded guilty earlier this year to lying to a grand jury, obstructing justice and being an unlawful drug user in possession of a firearm.

“Serious consequences, including significant time in federal prison, await those who choose to lie during a grand jury proceeding,” said U.S. Attorney Cochran.  “The U.S. Attorney’s Office will vigorously prosecute those who impede the grand jury’s work by giving false testimony or otherwise interfere with this critical part of the criminal justice system.”

According to court documents, Lane was a Five Deuce Hoover Crip gang member and on September 11, 2015, Metropolitan Nashville Police officers encountered Lane, who was in possession of a firearm.  Subsequent investigation determined that this firearm was originally taken during the armed robbery of a Cricket Wireless store near the J.C. Napier neighborhood on January 22, 2015.  This same firearm was later used in three armed robberies, as well as the murder of Isaiah Starks, aka Blue, which occurred on February 9, 2015 in the J.C. Napier public housing development.  Lane was later subpoenaed to testify before a federal grand jury investigating those crimes, and intentionally lied to the grand jury about when and how he obtained that firearm.  

Three other defendants, Aweis Haji-Mohammed, Marquis Brandon, and Reginald Johnson, are charged in connection with this case and their cases are pending.  They are presumed innocent of the charges against them unless and until proven guilty in a court of law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Metropolitan Nashville Police Department – Gang Unit.  The case is being prosecuted by Assistant United States Attorney Sunny A.M. Koshy.

Bangor, Maine:  United States Attorney Halsey B. Frank announced that David L. Cook, 60, of Burnham, Maine, pleaded guilty today in U.S. District Court to using the internet to access and view child pornography.  Cook was indicted in May 2017.

Court records reveal that in August 2016, the Maine State Police Computer Crimes Unit (MCCU) received a report from Microsoft that a user had uploaded an image of child pornography.  Federal and state officers obtained a physical address for that user, executed a warrant at that address, and seized the defendant’s computer.  The MCCU’s forensic examination of the computer revealed 30 images of child pornography and that the defendant searched the internet for child pornography on dozens of occasions between March and August, 2016.

Cook faces up to 20 years in prison and a $250,000 fine.  He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.

The investigation was conducted by the MCCU and by Immigration and Customs Enforcement’s Homeland Security Investigations.

WASHINGTON -  A former police officer with the Windsor, North Carolina Police Department was sentenced today to 180 months in prison for accepting bribe payments from a purported large-scale drug trafficking organization in exchange for protecting shipments of purported narcotics.  

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Robert J. Higdon, Jr. of the Eastern District of North Carolina made the announcement.

 Antonio Tillmon, 33, of Windsor, North Carolina, was sentenced by Senior U.S. District Court Judge Malcolm J. Howard.  In addition to the term of prison imposed, Judge Howard ordered Tillmon to serve five years of supervised release. In May 2017, Tillmon was found guilty of drug, firearm, and bribery charges following a week-long jury trial.  

According to trial evidence, Tillmon accepted $6,500 from undercover FBI agents posing as drug traffickers in return for transporting a total of 30 kilograms of heroin from North Carolina to Maryland on three separate occasions between August 2014 and April 2015.  On each occasion, Tillman carried with him his Windsor Police Department badge and a firearm, and was prepared to use his badge and fake documentation to evade drug interdiction by legitimate law enforcement.  The evidence at trial also showed that Tillmon was poised to participate in another drug run on a fourth occasion the day that he was arrested—and he had brought with him five firearms, including an assault rifle.

Fourteen other defendants, 12 of whom were law enforcement or correctional officers, were charged as a result of this investigation.  Those defendants all pleaded guilty to various offenses and were sentenced in June 2017.   

The case was investigated by the FBI’s Charlotte Division, Raleigh Resident Agency. The case is being prosecuted by Trial Attorneys Lauren Bell and Molly Gaston of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Toby W. Lathan of the Eastern District of North Carolina.

SAN JUAN, Puerto Rico– United States Magistrate Judge Silvia Carreño-Coll authorized a criminal complaint against Christian Joel Encarnación-Sandoval, charging him with theft of mail, said U.S. Attorney Rosa Emilia Rodríguez-Vélez for the District of Puerto Rico. The U.S. Postal Inspection Service in charge of the investigation.

According to the criminal complaint, on October 7, 2017 Postal Inspectors where informed by Postal Management that at Cargo Force (a facility at San Juan Airport that unloads US mail from incoming planes) an individual, later identified as Encarnación-Sandoval was found to be in possession of four power generators stolen from the mail stream.

Postal Inspectors were notified that there was suspicious activity in the loading dock. When the officials arrived, found Encarnación-Sandoval shirtless, acting suspiciously and with nervous behavior. The officials observed one generator on the front passenger of the defendant’s car and two generators on the rear passenger seat of the vehicle. The generators were in sealed boxes that had US Postage Validated Imprint indicating that they are US mail. There was another parcel containing a generator in the trunk of the car.

If convicted defendant faces up to five years of imprisonment and a $250,000 fine, as well as a period of supervised release of not more than three years. A criminal complaint contains only charges and is not evidence of guilt. A defendant is presumed to be innocent unless and until proven guilty. Assistant U.S. Attorney Marc S. Chattah has been assigned to prosecute this case.

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Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today that Paul Ryan Owens, 30, St. Louis, Missouri, pled guilty on Friday, October 6, 2017, to unlawful receipt and possession of an unregistered destructive device, the offense occurring on July 28, 2017, in Madison County, Illinois. Owens faces up to ten years of imprisonment, three years of supervised release, a $250,000 fine, and a $100 special assessment.

According to court documents, beginning on July 20, 2017, through the time of his arrest on July 28, 2017, Owens solicited a pipe bomb, specifying that he wanted it to be four inches in length with hardened steel end caps containing black powder with a one and a half to two feet long fuse. On July 28, 2017, Owens accepted a toolbox containing a pipe bomb constructed by an ATF bomb expert in such a manner that it would only smoke if detonated. Owens had not registered the pipe bomb in the National Firearms Registration and Transfer Record. Owens looked into the toolbox and indicated that the pipe bomb was as he requested and provided morphine pills in exchange for the pipe bomb. Law enforcement immediately arrested Owens.

The investigation of Owens was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Hamel Police Department.