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Anchorage Man Charged with Stealing Cell Phones from U.S. Mail and Being a Felon in Possession of Firearm

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Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that an Anchorage man has been indicted by a federal grand jury for obstructing U.S. mail parcels and stealing cell phones from the packages, as well as being a felon in possession of a firearm.

 

The indictment returned by the grand jury alleges that Jermaine N. Sails, 41, of Anchorage, took numerous parcels containing cell phones from the U.S. mail beginning in October 2016, and continuing until Aug. 30, 2017.  Approximately 400 cell phones with an approximate value of $50,000 were reported as missing from the U.S. mail during this timeframe.  Sails was employed by a private contractor which handled U.S. mail parcels – including those containing cell phones which were being mailed back to service providers for return or repairs.

           

On Aug. 30, 2017, Sails was confronted by special agents with the United States Postal Service, Office of Inspector General, concerning the missing cell phones.  Sails, who had been convicted of a felony assault charge in Alaska state court in 2004, was found in possession of a 9mm semi-automatic handgun at that time.

 

According to Assistant U.S. Attorney Joseph Bottini, if convicted of the mail obstruction charge, Sails faces a prison sentence of up to 5 years.  If convicted of the felon in possession of a firearm charge, Sails faces a sentence of up to 10 years in prison.

 

The United States Postal Service, Office of Inspector General, conducted the investigation leading to the indictment in this case.

 

An indictment is only a charge and is not evidence of guilt.  A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.


Washington Man Sentenced To Federal Prison For Threatening To Damage Computers

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GREENSBORO, N.C. – A Wenatchee, Washington man was sentenced to 37 months in federal prison after pleading guilty to threatening to damage computers at a Chapel Hill business, announced Sandra J. Hairston, Acting United States Attorney for the Middle District of North Carolina.

Todd Michael GORI, Jr., 28, was sentenced on December 19, 2017, by the Honorable William L. Osteen, Jr., United States District Judge for the Middle District of North Carolina. GORI pleaded guilty on September 6, 2017, to one count of threatening to damage protected computers, in violation of Title 18, United States Code, Section 1030(a)(7)(A). GORI had sent an email message to a Chapel Hill healthcare corporation on April 18, 2016, threatening a cyber attack unless that business fired one employee and hired GORI instead. GORI sent that email from his Wenatchee, Washington residence to the business in Chapel Hill, North Carolina.

In addition to a 37-month term of imprisonment, Judge Osteen, Jr., sentenced GORI to 3 years of supervised release.

The Federal Bureau of Investigation’s Raleigh Cyber Squad investigated the case, which was prosecuted by Assistant United States Attorney Anand Ramaswamy, Cybercrime prosecutor for the Middle District of North Carolina.

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Charlotte Man Sentenced for Child Pornography Offense Committed in High Point

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GREENSBORO, N.C. – An individual who pleaded guilty to production of child pornography was sentenced today, announced Sandra J. Hairston, Acting United States Attorney for the Middle District of North Carolina.

STEPHEN PAUL AYDELOTTE, 48, of Charlotte, North Carolina, pleaded guilty on September 14, 2017, to one count of production of child pornography. He was sentenced by United States District Judge William L. Osteen, Jr. to 25 years imprisonment followed by lifetime supervised release. AYDELOTTE was previously convicted in Utah of attempted sexual exploitation of a minor and twice failing to register as a sex offender, and in North Carolina of failing to register as a sex offender.

In February 2017, AYDELOTTE alerted authorities that, while living in High Point, North Carolina in 2012, he took photographs of himself sexually exploiting a prepubescent minor. Investigators where then able to recover the photographs from AYDELOTTE’s phone.

AYDELOTTE also admitted to sexually molesting two minor girls in Utah in 1989.

The United States recommended, and AYDELOTTE received, a degree of leniency in his sentence because AYDELOTTE voluntarily disclosed his criminal conduct, which otherwise would have not likely come to light.

This case was investigated by Homeland Security Investigations and Rowan County Sheriff’s Office. Both agencies are members of the North Carolina Internet Crimes Against Children (ICAC) Task Force.

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 online child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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White Plains Woman Pleads Guilty To Bank Fraud

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BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Vanessa Cardona, 28, of White Plains, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to conspiracy to commit mail fraud. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney’s Trini E. Ross and Stephanie O. Lamarque, who are handling the case, stated that between December 2015 and October 2016, the defendant worked with co-defendants Sergiy Bezrukov, Mark Farnham, and Dustin Walker at what purported to be debt-restructuring companies which had various names including “Corporate Restructure.” The defendant herself used alias names, including “Emily Goldstein” and “Rebecca Epstein,” while assisting with the fraudulent debt restructuring businesses.

Cardona trained employees in the mailroom of the Salamanca, NY, office on the operation of NEO Post machines, which were used to create mass mailings of fraudulent solicitation letters that were sent to small business owners. Those letters, which contained fraudulent solicitations to small business owners seeking monies from them in order to assist them in restructuring high-interest loans held by other lenders, originated from New York City, New Jersey, and Salamanca.  Such letters directed the small business owners to return documents to Corporate Restructure via private carriers, including Federal Express.

Co-defendant Dustin Walker has been convicted and is scheduled to be sentenced on February 2, 2018. Charges remain pending against Sergiy Bezrukov and Mark Farnham. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division; the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office; and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for April 9, 2018, at 2:00 p.m. before Judge Vilardo. 

Victoria Man Indicted for Defrauding Employer

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VICTORIA, Texas - A 47-year-old Victoria resident made an appearance in Houston federal court on charges of wire fraud, announced Acting U.S. Attorney Abe Martinez

 

A federal grand jury returned a 10-count indictment against Murray Wade Carson on Dec. 6, 2017. He appeared before U.S. Magistrate Judge Dena Palermo at 2:00 p.m. today. Trial has been set before Senior U.S. District Judge Rainey in Victoria.  

 

The indictment alleges Carson worked in Sweeney for a supply company. While employed there, he allegedly setup the Kirby Taylor Company unbeknownst to his employer. During his employment, Carson devised a scheme to defraud by using his employer’s credit card to purchase non-existent goods and products from the Kirby Taylor Company, according to the indictment.

 

The charges allege the scheme lasted from approximately 2007 through June 2015 and caused a loss of $1,272,019.23 to his former employer.

 

The indictment seeks a forfeiture of the $1,272,019.23.

 

If convicted, Carson faces up to 20 years imprisonment and a possible $250,000 maximum fine.

 

The FBI conducted the investigation. Assistant U.S. Attorney John Braddock is prosecuting the case.

 

An indictment is a formal accusation of criminal conduct, not evidence.

A defendant is presumed innocent unless convicted through due process of law.

Mexican Alien Sentenced for Meth Trafficking

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LAREDO, Texas – A 39-year-old undocumented alien who resided in Laredo has been ordered to federal prison following his conviction of conspiracy with intent to distribute methamphetamine, announced Acting U.S. Attorney Abe Martinez. Isidro Rojas Lopez pleaded guilty Aug. 17, 2017.

 

Today, U.S. District Judge Marina Garcia Marmolejo ordered he serve a total of 151 months in federal prison. Not a U.S. citizen, he is expected to face deportation proceedings following his release.

 

Lopez had admitted to recruiting a driver to transport narcotics from Laredo to San Antonio. An associate of Lopez delivered a duffle bag containing 10 bundles of methamphetamine to an undercover agent posing as a truck driver. Authorities conducted a “mock arrest” of the agent at the IH-35 checkpoint north of Laredo, at which time the narcotics were seized. The methamphetamine had a net weight of 9.765 kilograms and a purity of 98.4%.

 

Lopez sought to obtain documentation of the arrest. He discussed with a confidential informant that if his superiors were satisfied that the driver had actually been arrested, Rojas and the informant could be hired to transport additional loads of drugs.

 

Rojas stated that he was to be paid $1,000 to locate a driver.

 

The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorneys Michael Bukiewicz and Mike Eaton are prosecuting the case.

Two Men Plead Guilty to Medicare Fraud Scheme in Rio Grande Valley

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McALLEN, Texas ‐ A former laboratory technician at a medical clinic in Mission and an account representative for a toxicology testing company have entered guilty pleas in connection with a scheme to defraud Medicare, announced Acting U.S. Attorney Abe Martinez.

 

Ivar Cantu, 46, of Palmview, pleaded guilty today, while co-defendant Omar Solis, 35, of Mission, pleaded guilty Dec. 7. Both admitted to conspiring to commit health care fraud.

 

Cantu and Solis fraudulently set up an account between the medical clinic where Solis was employed as a laboratory technician and the toxicology testing company for whom Cantu was an account representative. During the latter half of 2015, Solis misappropriated patient urine specimens from the medical clinic and sent them to the toxicology testing company without consent of the patient or doctor in order to receive commissions and collection fees from the testing company. In order to carry out the scheme, Cantu and Solis forged patient signatures, falsified medical records and created fictitious documents.

 

As a result of the scheme, Medicare was billed $836,788 between May 2015 and December 2015.

 

Sentencing for both Solis and Cantu is scheduled for Feb. 28, 2018, before U.S. District Judge Micaela Alvarez. At that time, both men face up to 10 years in federal prison as well as a possible $250,000 maximum fine. 

 

The FBI, Department of Health and Human Services‐Office of Inspector General and Texas Health and Human Services Commission conducted the investigation. Assistant U.S. Attorney Andrew Swartz is prosecuting the case.

Columbus, Ohio Woman Pleads Guilty to Lying to Federal Grand Jury

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Abingdon, VIRGINIA – An Ohio woman admitted this week to lying in a proceeding before a federal grand jury by making several false declarations in relation to her illegal sale of prescription drugs, United States Attorney Rick A. Mountcastle announced.

 

Shannon Kovaleski, 41, of Columbus, Ohio, pleaded guilty this week to one count of making a false declaration while under oath in a proceeding before a grand jury of the United States. The defendant faces a maximum statutory penalty of up to five year in prison and/or a fine of up to $250,000 when she is sentenced on March 22, 2018.

 

According to evidence presented at this week’s guilty plea hearing by Assistant United States Attorney Randy Ramseyer, Kovaleski was a witness in a federal grand jury proceeding and was asked about pills that were prescribed to her. Kovaleski told the grand jury she took the pills as prescribed and never sold them to anyone. However, in fact, she only took a pill when necessary to test positive for the drug and sold nearly all her pills to another person, earning approximately $1,000 per month.

 

The investigation of the case was conducted by the Drug Enforcement Administration.  Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.


Louisiana Company Pleads Guilty To Transporting and Dumping Hazardous Waste in Savannah Neighborhood

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Savannah, GA – Boasso America, Inc., headquartered in New Orleans, Louisiana, and with a facility in Garden City, Georgia was sentenced to 5 years of organizational probation last week by United States District Court Judge William T. Moore, Jr. for its actions in the illegal transportation and dumping of hazardous waste.  Additionally, Boasso was ordered to pay full restitution, including cleanup costs; to pay the maximum criminal fine penalty of $500,000; and to establish, implement, and enforce an effective environmental compliance plan, so that future dumping incidents do not happen.

Boasso pled guilty to a felony violation of the Resource Conservation and Recovery Act (RCRA), a law regulating the storage and transportation of hazardous waste. Boasso’s conviction follows the convictions of two of its former employees, Ray Mitchell, 52, of Pooler, Georgia, and Maurice Miller, 40, of Savannah, for their individual roles in the illegal transportation and dumping of hazardous waste.  Earlier this year, Miller was sentenced to 28 months in federal prison.  Mitchell was sentenced to 20 months in federal prison.

According to evidence presented during multiple guilty plea and sentencing hearings, Boasso provides transportation services for tank containers containing hazardous wastes.  Boasso’s Garden City facility stored and transported its customers’ tanks containing hazardous waste.  In 2015, rather than properly transporting and safely disposing of drums and totes at its Garden City facility that contained the hazardous chemical naphthalene, Boasso employees Mitchell and Miller illegally transported and dumped a significant amount of naphthalene into the ground of a nearby Savannah neighborhood.  Exposure to amounts of naphthalene, a main ingredient found in mothballs, can cause serious health issues.  Once discovered, law enforcement and environmental officials quickly removed the hazardous waste before it caused any health concerns.  Further investigation by law enforcement officials uncovered that Boasso employees fabricated invoices in an effort to hide their illegal dumping of hazardous waste. 

United States Attorney Bobby L. Christine said, “The Southern District of Georgia is an historic and beautiful land.  Companies doing business in our great District will be held accountable for any and all harm they cause and we will continue to work with our law enforcement partners to enforce our federal laws and keep Savannah beautiful.” 

“The actions of the defendants in this case resulted in hazardous waste being illegally dumped in Savannah’s Carver Village community,” said Andy Castro, Special Agent in Charge of EPA’s criminal enforcement program for Georgia. “This case shows that EPA and its law enforcement partners will prosecute those who put public health at risk by avoiding the cost of handling or disposing of dangerous chemicals properly.”

The investigation of this case was led by the United States Environmental Protection Agency, with assistance from the Georgia Department of Natural Resources, the Savannah-Chatham Metropolitan Police Department, and the Savannah Fire Department.  Assistant United States Attorneys Tania D. Groover and Charlie Bourne prosecuted the case on behalf of the United States.  For any questions, please contact Appellate Chief R. Brian Tanner at (912) 652-4422.

Former BB&T Bank Employee Sentenced for Stealing Over $500,000

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Abingdon, VIRGINIA – A former BB&T employee, who over a period of approximately four years embezzled over a half-million dollar, was sentenced to more than 30 months in federal prison yesterday, United States Attorney Rick A. Mountcastle announced.

 

Anna B. Holt, 48, of Staffordsville, Va., was sentenced yesterday to 33 months in prison and ordered to pay $400,868 in restitution. She previously pleaded guilty to embezzlement by a bank employee of moneys of the bank or entrusted to the custody of the bank.

 

Holt worked for BB&T Bank as a branch banker at the New River Branch in Pearisburg, Virginia. The defendant admitted that from around 2013 to August 2017, while being employed at the bank, she embezzled a total of $584,805 from 15 separate accounts. Holt used various methods to embezzle the money, including making withdrawals from customer accounts, cashing customers’ bonds and keeping the proceeds, and creating fake credit accounts in the names of relatives and withdrawing the loan proceeds.  Some of the money embezzled was used to repay accounts from which Holt had previously stolen money.

 

The investigation of the case was conducted by the United States Secret Service.   Assistant United States Attorney Randy Ramseyer was prosecuted the case for the United States.

Former New York Investment Broker Admits Accepting Hundreds Of Thousands Of Dollars In Bribes In Exchange For Stock

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TRENTON, N.J. - A former broker of two New York investment banking firms today admitted accepting hundreds of thousands of dollars in bribe payments in exchange for more favorable stock allocations, Acting U.S. Attorney William E. Fitzpatrick announced.

Brian M, Hirsch, 42, of Farmingdale, New York, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of violating the Travel Act by engaging in a commercial bribery scheme.

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

Hirsch was employed at the New York offices of two investment banking firms, identified as “Firm A” and “Firm B” in the information. Hirsch was responsible for allocating securities from initial and secondary public stock offerings to the firms’ clients.

Between January 2012 and November 2016, Hirsch accepted numerous cash kickbacks from three individuals – identified in the information as “CC#1,” “CC#2,” and “CC#3” – in exchange for securities from public stock offerings marketed by Firms A and B. The kickback payments were based on an agreed-upon percentage of the profits that CC#1, CC#2, and CC#3 would make from the stock offerings.

Hirsch did not disclose any of these payments to Firms A and B and took steps to conceal his corrupt arrangements with CC#1, CC#2, and CC#3. For instance, Hirsch signed periodic certifications to Firm A falsely representing that he had complied with the firm’s prohibition on “quid pro quo” arrangements or similar pre-determined agreements with investor clients in connection with stock allocations. Hirsch also falsely certified that he had complied with Firm A’s policies concerning conflicts of interest. Hirsch made similar misrepresentations and omissions to Firm B.

Over the course of the scheme, Hirsch accepted between $550,000 and $1.5 million in kickback payments from CC#1, CC#2, and CC#3.

Hirsch faces a maximum potential penalty of five years in prison and a $250,000 fine. Hirsch also agreed to pay a forfeiture money judgment in an amount to be determined prior to or at the time of sentencing, which is currently scheduled for Apr. 11, 2018.

In a separate civil action, the U.S. Securities and Exchange Commission (SEC) today filed a complaint against Hirsch in Trenton federal court.
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Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, for the investigation leading to today’s guilty plea. He also thanked the SEC’s New York Regional Office for its assistance.

The government is represented by Assistant U.S. Attorney Nicholas P. Grippo of the Economic Crimes Unit in Newark.

Defense counsel: Elliot G. Sagor Esq., New York

Three indicted on immigration-related offenses

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Three people were indicted in federal court for immigration offenses, said U.S. Attorney Justin E. Herdman.

 

Martha Buendia-Chavarria, 43, of Mexico, was indicted on charges of possession with intent to transfer false identity documents, possession of document-making implements and authentication features, making a false statement or claim regarding citizenship in order to obtain a benefit and aggravated identity theft. 

 

Jorge Fabian Rubio-Gonzales, 29, of Mexico, was charged with illegal re-entry into the U.S. following deportation.

 

Eliazar Lopez-Bravo, 48, of Marion, was indicted on charges of possession with intent to use unlawfully or unlawfully transfer five or more identification document or false identification documents.

 

The cases are all being prosecuted by Assistant U.S. Attorney Noah P. Hood following investigations by the Department of Homeland Security, Customs and Border Protection, in Sandusky and the Department of Homeland Security, U.S. Immigration and Customs Enforcement, in Detroit.

 

An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Former Rutland Man Sentenced to 21 Months in Prison for Conspiracy to Distribute Crack Cocaine and Ordered to Forfeit $8,000 in Drug Proceeds

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The Office of the United States Attorney for the District of Vermont stated today that Javon Wright (a.k.a. “Ace”), 32, previously of Rutland, Vermont, was sentenced by U.S. District Court Judge Geoffrey W. Crawford to 21 months imprisonment for the crime of conspiracy to distribute crack cocaine in the Rutland area. Wright had previously pled guilty to this offense. Judge Crawford also sentenced Wright to three years of supervised release by the United States Probation Office, which begins after Wright serves his term of imprisonment.

As part of the plea agreement, the parties agreed to the 21-month sentence and the forfeiture of the $8,294 in drug proceeds, which the Bennington Police Department seized from Wright after a traffic stop in Bennington on March 15, 2016. According to the Government’s allegations, in and around March 2016, Wright paid persons in the Rutland area crack cocaine to allow him to stay at their residence and also to help him transport and sell his drugs. Judge Crawford accepted the parties’ recommendation of a 21-month sentence, in part, because of Wright’s drug addiction issues.

This case was investigated by the Vermont State Police Drug Task Force, the Rutland City Police Department, and the Federal Bureau of Investigation. Assistant U.S. Attorney Joseph Perella prosecuted this case on behalf of the United States. Wright is represented by Robert Sussman, Esq., of Burlington, Vermont.

Former Executive Director of B.W. Cooper RMC Sentenced for Conspiracy to Misapply, Embezzle Federal Funds and to Commit Access Device Fraud

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Acting U.S. Attorney Duane A. Evans announced that DARRELL J. WILLIAMS, age 46, of Houston, was sentenced yesterday after previously pleading guilty to a one-count Indictment for conspiracy to misapply, embezzle federal funds and to commit access device fraud.

 

U.S. District Judge Jay C. Zainey sentenced WILLIAMS three years of probation, with the first year to be served on home detention.  Additionally, WILLIAMS was sentenced to perform 125 hours of community service, ordered to pay $91,356.27 in restitution, and a $100 special assessment.

                                                                             

According to court documents, from a time unknown, but prior to January 2009, and continuing through on or about May 19, 2011, WILLIAMS,embezzled in access of $5,000 from B.W. Cooper Resident Management Corporation (B.W. Cooper RMC) and that he continued to use the B.W. Cooper RMC credit card for personal expenses.

 

Acting U.S. Attorney Evans praised the work of HUD-OIG in investigating this matter.  Assistant United States Attorney Irene González was in charge of the prosecution.

 

Marijuana and Cocaine Smuggler Ordered To Prison

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LAREDO, Texas – A 34-year-old man has been ordered to federal prison following his conviction for smuggling marijuana and cocaine and for possessing a firearm in furtherance of a drug trafficking crime, announced Acting U.S. Attorney Abe Martinez. Andy Gomez, a legal permanent resident from Cuba who resided in Laredo, pleaded guilty Oct. 6, 2016.

 

Today, U.S. District Judge Diana Saldaña handed Gomez a total sentence of 120 months in federal prison followed by four years of supervised release. At the hearing, Judge Saldaña noted that the defendant caused this situation by his own actions.  

 

On July 18, 2016, agents with Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) conducted surveillance on a home in North Laredo and witnessed Gomez and another individual leave the residence in two separate vehicles. They were later stopped, at which time authorities discovered more than 500 pounds of marijuana in the two vehicles. Gomez was also in possession of .380 Smith and Wesson pistol.

 

The investigation led agents to search a storage unit where they located more than 10 pounds of cocaine, more than 100 pounds of marijuana, a money counting machine and a credit card embosser machine.

 

Previously released on bond, Gomez was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

 

HSI conducted the investigation. Assistant U.S. Attorney Christopher S. Coker prosecuted the case. 


Northeast Ohio couple indicted for monthlong armed robbery spree

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A 15-count indictment was filed charging a couple from Northeast Ohio for four armed bank robberies and armed robberies of several other stores this fall, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.

Casey Layne Liberty, 30, of Amherst, and Daniel T. Begin, 32, of Cleveland, were indicted on one count of conspiracy to commit bank robbery, four counts of bank robbery, conspiracy to commit Hobbs Act robbery and nine counts related to Hobbs Act robbery.

Liberty wore a disguise and robbed banks and stores while Begin acted as the getaway driver. They used the proceeds of the robberies to purchase drugs and food and to pay for hotel rooms, according to the indictment.

“This pair went on a monthlong crime spree in which they robbed banks and stores to feed their drug habit,” Herdman said. “It’s a miracle no one was killed, and we’re gratified this duo will likely be off the street for years to come.”

“This pair posed a danger to people doing their banking or simply picking up lunch,” Anthony said. “The fine work of the FBI agents, along with nearly a dozen police departments, has made our community safer.”

The pair are charged with the following bank robberies: Andover Bank in Conneaut on Sept. 19, Chase Bank in Medina on Sept. 28, First National Bank in Beachwood on Oct. 4 and the Chase Bank in Fairlawn on Oct. 12.

They are also charged with robbing a Subway in Findlay on Sept. 26, a Seven Eleven in Brunswick on Sept. 28, a Gamestop in Elyria on Oct. 7, a Domino’s Pizza in Madison on Oct. 10, a Mr. Hero in Canton on Oct. 11, a Subway in Avon on Oct. 15, a Subway in Elyria on Oct. 16, a Mr. Hero in Perkins Township on Oct. 19, a Domino’s Pizza in North Olmsted on Oct. 22 and a Mr. Hero in Berea on Oct. 22.

If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

 

This case is being prosecuted by Assistant U.S. Attorneys Ranya Elzein and Robert J. Patton following an investigation by the FBI and the police department of Conneaut, North Olmsted, Medina, Beachwood, Avon, Elyria, Findlay, Perkins Township, Madison, Berea and North Ridgeville.

 

An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Mission Man Sentenced for Assault

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United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on December 19, 2017, by U.S. District Judge Roberto A. Lange.

Dace Lunderman, age 33, was sentenced to 319 days in prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Lunderman was indicted by a federal grand jury on February 15, 2017.  He pled guilty on December 19, 2017.

The conviction stemmed from an incident that occurred in the White Horse Community near Mission, in the early morning hours of January 6, 2017.  Lunderman had been drinking at home and began arguing with a family member.  He then picked up a knife and chased after two other individuals that were trying to depart the house.  He ran into them near the doorway and cut one of them on the arm with the knife.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Lunderman was ordered to surrender to the U.S. Marshals Service by noon on December 27, 2017.

Mansfield Man Pleads Guilty to Federal Child Pornography Offense

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DALLAS— Thomas Adam Lewis, 37, of Mansfield, Texas, appeared yesterday in federal court before U.S. Magistrate Judge Renee Harris Toliver and pleaded guilty to one count of attempted production of child pornography.  Lewis, who has been in federal custody since his arrest in September on related charges, faces a maximum statutory penalty of not less than 15 years and up to 30 years in federal prison, a $250,000 fine, and a lifetime of supervised release.  Sentencing is scheduled for April 5, 2018.  U.S. Attorney Erin Nealy Cox of the Northern District of Texas made the announcement today.

According to the plea agreement factual resume filed in the case, on August 4, 2017, a Grand Prairie Police Department detective began an undercover investigation, posing as a thirteen year old boy, targeting adults who were soliciting minors on the internet through the use of a third party messaging application.

 

Lewis using the screen name “Twinks only 33” (“Twinks33”), contacted the Detective and asked the Detective for pictures of himself. After receiving an image of a minor male wearing jeans, a white tank top, and a baseball cap, Lewis replied, “Um you are sexy,” and asked the Detective if he had any shirtless pictures. During the next few days, Lewis repeatedly asked the Detective to take shirtless and nude pictures of himself and send the child pornography images to him.

 

The conversations continued, according to the factual resume, and Lewis asked, “when can we meet?” Sporadically over a few days Lewis and the Detective discussed meeting and on the afternoon of August 29, 2017, Lewis arrived at a designated apartment complex in Grand Prairie and was arrested. Lewis provided law enforcement with the passcode to his cellular device. Upon review of the phone, law enforcement located the communications between Twinks33 and the Detective. Lewis was using other social networking applications and was engaged in additional communications entailing the sexual exploitation of minors. Law enforcement contacted resource officers at two area high schools in an attempt to identify possible victims and located a 15-year-old boy who had also chatted with Lewis. The conversations were sexually explicit and Lewis attempted to entice the boy to have sex with him.

 

The case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood leverages federal, state and local resources to better investigate, apprehend and prosecute individuals who sexually exploit children.  Project Safe Childhood also prioritizes identifying and rescuing victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

 

The case was investigated by the Federal Bureau of Investigation and the Grand Prairie Police Department.  Assistant U.S. Attorney Camille Sparks is in charge of the prosecution.

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Windham Man Sentenced to Three Years on Child Pornography Charge

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Portland, Maine:  United States Attorney Halsey B. Frank announced that Matthew Miller, 52, of Windham, Maine, was sentenced yesterday in U.S. District Court by Judge George Z. Singal to three years in prison and ten years of supervised release for accessing with intent to view material containing images of child pornography. Judge Singal also ordered Miller to pay a $5,000 special assessment applicable to non-indigent individuals convicted of child exploitation offenses. Miller pleaded guilty to the offense on July 5, 2017.

According to court records, in September 2016, investigators from Homeland Security Investigations and the Maine State Police Computer Crimes Unit were investigating the exchange of child pornography over the internet. As part of the investigation, agents downloaded child pornography files from a computer that was making the files available. The computer was later determined to be at Miller’s residence in Windham. Investigators executed a search warrant at the residence, and found that Miller had been searching for and downloading child pornography to his computer using a peer-to-peer file-sharing network.

The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Maine State Police Computer Crimes Unit.

Former Marion County, Kentucky, Resident Guilty Of Conspiracy To Manufacture And Possess Marijuana With The Intent To Distribute

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Johnny Boone pled guilty, with sentencing to follow on March 15, 2017

 

LOUISVILLE, Ky. – United States Attorney Russell M. Coleman today announced the guilty plea, by John Robert Boone, in United States District Court, before Senior Judge Charles R. Simpson III, to a single count of a Superseding Information on December 19, 2017.

 

John Robert Boone a/k/a Johnny Boone, formerly of Marion County, Kentucky, has remained in the custody of the United States Marshals Service after being deported from Montreal, Canada in April of 2017.

 

Yesterday afternoon, Boone pled guilty to a Superseding Information containing a single charge.  Boone admitted yesterday that on May 27, 2008, in Washington County, Kentucky, he conspired with other persons to possess more than 1000 marijuana plants, intending to cultivate and grow the plants and distribute the marijuana when the plants were harvested.  In furtherance of the conspiracy, Boone watered and fertilized the plants, and concealed them on a farm in Washington County on Walker Lane near his residence.

 

According to the plea agreement, Boone faces a maximum prison term of five years, a fine of $250,000, and a possible three-year term of supervised release. Sentencing is scheduled for March 15th at 2:30, in Louisville, before Senior Judge Simpson.

 

This case is being prosecuted by Assistant United States Attorney Larry Fentress.

boone_-_superseding_information_002.docx  boone_-_plea_agreement_002.docx

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