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Manhattan Man Arrested For Stealing More Than $1.2 Million Of Rare And Expensive Wine

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an indictment charging NICOLAS DE-MEYER with the interstate transportation of stolen property for DE-MEYER’s theft of more than $1.2 million of fine wine.  DE-MEYER was arrested last night at Los Angeles International Airport and will be presented today in federal court in Los Angeles.  The case has been assigned to United States District Judge Paul G. Gardephe in the Southern District of New York.

 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged,  Nicolas De-Meyer, personal assistant to a Manhattan-based employer, stole over a million dollars’ worth of some of the world’s finest wines from his boss.  We thank our law enforcement partners at the FBI for their excellent investigative work on this case.” 

 

FBI Assistant Director William F. Sweeney Jr. said:  “Rare wines have a very specific market, but even given the narrow chance of making money illegally, thieves will find a way to break the law.  The theft in this case, however, was no small amount, totaling more than a million dollars.  The FBI Art Crime Team is tasked with investigating and recovering rare and many times invaluable items, and bringing to justice criminals who believe no one is watching.  We would like to thank the East Hampton Village Police Department for its partnership in this case.”

 

According to the allegations in the Indictment unsealed in Manhattan federal court:[1]

 

From 2008 to November 2016, NICOLAS DE-MEYER worked as a personal assistant to a Manhattan-based individual (the “Victim”) who collects rare and expensive wine.  From at least 2014 to approximately October 2016, DE-MEYER stole from the Victim hundreds of bottles of wine worth more than $1.2 million.  During that time, DE-MEYER used an alias to sell the wine that he stole from the Victim to a North Carolina-based wine dealer.  Among the wine DE-MEYER stole were bottles of wine from the French estate Domaine de la Romanée-Conti (“DRC”), whose wines are widely considered among the best, most expensive, and rarest wines in the world.  For example, in October 2016, DE-MEYER stole from the Victim seven bottles of DRC wine that the Victim had previously purchased for $133,650.

 

*                *                *

 

NICOLAS DE-MEYER, 40, of New York, New York, is charged with one count of interstate transportation of stolen property, which carries a maximum sentence of 10 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

 

U.S. Attorney Berman praised the outstanding investigative work of the FBI’s Art Crime Team.

 

This case is being handled by the Office’s Money Laundering and Asset Forfeiture Unit.  Assistant United States Attorney Justin V. Rodriguez is in charge of the prosecution.

 

The charge contained in the Indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

 


[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.


McKeesport Man Facing Multiple Charges Relating to the Sexual Exploitation of a Minors

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PITTSBURGH - A resident of McKeesport, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on three charges of coercion and enticement of a minor to engage in illegal sexual activity, three charges of production of material depicting the sexual exploitation of a minor, and one charge of possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.

The seven-count indictment, returned on January 16, named Scott Joseph Payne, 31, as the sole defendant.

According to the indictment, from April 9, 2017 through April 10, 2017, and in two separate incidents on June 10, 2017, Payne persuaded, induced, and coerced individuals who had not attained the age of 18 years to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. The indictment further charges that on June 19, 2017, Payne unlawfully possessed photographs and videos in computer graphics files which depicted minors engaged in sexually explicit conduct.

The law provides for a maximum total sentence of 90 years in prison, a fine of $1,750,000.00, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and the Bloomfield, New Jersey Police Department conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Pittsburgh Man Charged with Illegally Possessing Firearms while Dealing Cocaine, Crack and Marijuana

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PITTSBURGH – A former resident of Penn Hills, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms and narcotic laws, United States Attorney Scott W. Brady announced today.

The two-count superseding indictment, returned on January 16, named Denver Sangster, 41.

According to the superseding indictment, Sangster possessed four firearms in furtherance of a drug trafficking crime on March 30, 2016; specifically, in furtherance of the possession with intent to distribute cocaine, crack cocaine, and marijuana. The superseding indictment also charges Sangster with possession with intent to distribute 280 grams or more of crack cocaine and quantities of cocaine and marijuana.

For the count of possession of firearms in furtherance of drug trafficking, the law provides for a minimum sentence of not less than 5 years and a maximum of life in prison, a fine of $250,000, or both. For the separate count of possession with intent to distribute controlled substances, the law provides for a maximum total sentence of not less than 10 years and up to life prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

This case was brought as part of Project Safe Neighborhoods (PSN), 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. Attorney General Jeff Sessions has made turning the tide of rising violent crime in a America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Pittsburgh Bureau of Police conducted the investigation leading to the indictment in this case. Assistant United States Attorneys Adam N. Hallowell and Katherine A. King are prosecuting this case on behalf of the government.

A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

District Man Found Guilty of Charges in Shooting at Columbia Heights Metro Station

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            WASHINGTON – Cesar Morales, 23, of Washington, D.C., was found guilty by a jury today of charges stemming from a shooting that took place last summer at the Columbia Heights Metro station in Northwest Washington, U.S. Attorney Jessie K. Liu announced.

 

            Morales was found guilty of assault with a dangerous weapon, possession of a firearm during a crime of violence, and related firearm offenses. The verdict followed a one-week trial in the Superior Court of the District of Columbia. The Honorable Jennifer A. Di Toro scheduled sentencing for April 4, 2018.

 

            According to the government’s evidence, on Aug. 25, 2017 at approximately 12:20 p.m., Morales chased the victim around the Columbia Heights Metro station. As they reached the top of the escalators on the west entrance, Morales fired one shot with a .22-caliber Ruger towards the victim. Luckily, the victim was able to run away and get through the station unharmed. At the time of the shooting, dozens of people were in and around the station.

 

            Morales fled westbound on Irving Street NW, making a right on Hyatt Place and then a left onto Park Road NW. Within minutes, officers with the Metropolitan Police Department (MPD) were able to contact and attempted to stop the defendant and another individual. When officers asked to see Morales’s hands, the defendant reached in his waistband and fled from the officers. Officers observed Morales toss a firearm. Morales was able to get away.

 

            Video surveillance captured the shooting outside the Metro station and the victim running inside the station. Body-worn camera of the officers captured the stop minutes after the shooting. MPD released video and an investigation led to Morales’s arrest on Aug. 31, 2017. He has been in custody ever since. A casing was recovered from the Metro station stairs that was determined to have been fired by the firearm recovered in defendant’s flight path.

 

            In announcing the verdict, U.S. Attorney Liu commended the work of those who investigated the case from Metropolitan Police Department and Metro Transit Police Department. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Tiffany Fogle, Litigation Technology Specialist Anisha Bhatia, and Assistant U.S. Attorney Jennifer Kerkhoff. Finally, she acknowledged the efforts of Assistant U.S. Attorney Monica Trigoso, who investigated and prosecuted the case.

 

Port Arthur Man Sentenced to 80 years in Federal Prison for Port Acres Murder

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BEAUMONT, Texas - A 35-year-old Port Arthur, Texas man has been sentenced to 80 years in  federal prison for violations related to the murder of a Port Acres woman in the Eastern District of Texas, announced U.S. Attorney Alan R. Jackson today..

 

Sabino Orlando Martinez was found guilty by a jury on Apr. 27, 2017 of conspiracy to interfere with interstate commerce by robbery, conspiracy to use and carry firearms during a crime of violence, and conspiracy to possess firearms during a drug trafficking crime. Martinez was sentenced to 960 months in federal prison today by U.S. District Judge Marcia A. Crone. 

 

According to information presented in court, beginning in 2001, Martinez and others started robbing women in the parking lots of stores and businesses in Port Arthur, Texas.  Evidence showed the defendants committed the robberies for the purpose of supporting their crack cocaine habits.  The robberies increased to almost daily between 2009 and 2011.  During the investigation of these crimes, it was discovered that Martinez and his co-defendants were responsible for the May 14, 2010 death of Allison Neil Clark, of Port Acres, Texas.  Clark was shot while driving on West Port Arthur Road.  Once law enforcement officers became aware of Martinez’s co-defendant’s vehicle in the area, they were quickly able to focus on Martinez’s involvement. Video surveillance from area businesses verified the vehicle’s presence in the area at the time of the shooting.  Testimony at trial revealed that Martinez fired the shot that killed Clark. Martinez was indicted by a federal grand jury on May 4, 2016. 

 

“Allison Neil Clark did not deserve to be executed in front of her child,” said U.S. Attorney Alan R. Jackson.  “But because a group of dedicated investigators refused to give up on this case, Sabino Martinez will spend the rest of his life in a federal prison. We hope this sentencing will bring some sense of closure to this family, and remind our communities that we need to stand together against those who would desecrate them with drugs and the violence it encourages.” 

 

This case was brought as part of Project Safe Neighborhoods (PSN), 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.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

 

This case was investigated by the Port Arthur Police Department, Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorneys Lesley Woods and Joseph R. Batte.

 

Alleged Al Qaeda Associate Charged With Conspiring To Kill Americans And Other Terrorism Offenses

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dana J. Boente, Acting Assistant Attorney General for National Security, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Police Commissioner of the City of New York (“NYPD”), announced today that Christian Ganczarski, a/k/a “Abu Mohamed,” a/k/a “Abu Mohamed al Amani,” a/k/a “Ibrahim,” a/k/a “Ibrahim the German” (“Ganczarski”), has been charged in a Superseding Indictment unsealed in the Southern District of New York with conspiracy to kill United States nationals, providing and conspiring to provide material support and resources to terrorists, and conspiring to provide material support and resources to al Qaeda.  The United States is seeking GANCZARSKI’s extradition from France.

 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Christian Ganczarski, a German national, allegedly provided critical support to the most prolific terrorists of our time.  Today we publicly announce charges against Ganczarski alleging that he participated in the planning of plots to kill Americans with high-level al Qaeda terrorists Khaled Shaikh Mohammad, Usama bin Laden, and others.  The unsealing of the indictment exemplifies this Office’s commitment to the relentless pursuit and prosecution of those who seek to harm Americans.”

 

Acting Assistant Attorney General Dana J. Boente said: “According to the superseding indictment, between 1999 and 2001, Ganczarski regularly interacted with members of al Qaeda leadership who were responsible for terrorist operations, and provided them with the knowledge and technology to carry out attacks against the U.S. military and its allies.  This case demonstrates the National Security Division’s resolve to find and bring to justice, terrorists who target U.S. interests in any part of the world.  I want to thank all of the prosecutors, agents and analysts who made this result possible.”

 

FBI Assistant Director William F. Sweeney Jr. said: “As alleged, Ganczarski willingly supported the goals of al Qaeda, immersing himself in social circles that included the likes of Usama bin Laden and one of the future hijackers in the September 11 attacks, among others.  He allegedly participated in efforts to kill Americans by providing technological support and guidance, and arranged meetings between senior officials in the organization and other like-minded individuals bent on future attacks against U.S. interests.  While he’s spent the past fifteen years behind bars in France, we haven’t forgotten his allegiance to those who have threatened our interests both at home and abroad.  We will continue to work with our international partners to mitigate the threat of global terrorism, bringing to justice everyone who participates in or materially supports this crime.”

 

NYPD Commissioner James P. O’Neill said: “As alleged, Christian Ganczarski worked for al-Qaeda, lived in its camps and guest houses.  He rubbed shoulders with Osama Bin Laden and the men who planned and executed plots from the bombing of US embassies in East Africa that killed 225 people, to the 9-11 attacks that cost 3000 lives, most of them here in New York City.  Ganczarksi allegedly provided al-Qaeda with expertise in logistics, computers, radio communications and the maintenance of weapons systems that would be used against Americans soldiers after the 9/11 attacks.  This case is another example of the work of the FBI agents and NYPD detectives of the Joint Terrorism Task Force.  There is no time too long, or place to far, or suspect out of reach when it comes to bringing terrorists, or those who aid them to justice.”

 

As alleged in the Superseding Indictment unsealed in federal court:[1]

 

Al Qaeda is an international terrorist organization dedicated to opposing non-Islamic governments with force and violence.  The organization was founded by Usama bin Laden and Muhammad Atef, a/k/a “Abu Hafs el Masri” (“Abu Hafs el Masri”), and was headquartered in Afghanistan since approximately 1996.  Bin Laden served as the leader or “emir” of al Qaeda until his death on or about May 2, 2011. 

 

Al Qaeda has a command control structure that included a majlis al shura (or consultation council) that discussed and approved major undertakings, including terrorist operations.  Bin Laden and Abu Hafs el Masri sat on the majlis al shura of al Qaeda, as did others, including Saif al Adel.  Khaled Shaikh Mohammad, a/k/a “Mukhtar,” devised, planned, and facilitated terrorist operations for al Qaeda, and he also assisted in the preparation of promotional media used by al Qaeda to advertise its terrorist agenda and attract recruits.

 

Ganczarski, a German citizen born in Poland, traveled from Germany to Pakistan and Afghanistan on at least five separate occasions between 1999 and 2001.  During these trips, GANCZARSKI became associated with al Qaeda and developed personal relationships with bin Laden, Abu Hafs el Masri, al Adel, and Mohammad.  GANCZARSKI lived at times with his family at al Qaeda’s fortified compound near Kandahar, Afghanistan.  At other times, GANCZARSKI lived in guest houses and other facilities operated by al Qaeda in Afghanistan.  GANCZARSKI participated in al Qaeda’s efforts to kill Americans in a number of ways, such as providing al Adel and other al Qaeda members with technological guidance and hardware, including computers, radios, and other communications equipment. 

 

In approximately January 2000, GANCZARSKI attended a speech delivered by bin Laden at al Qaeda’s headquarters in Kandahar.  The January 2000 speech was attended by at least 100 men, including, among others, many significant al Qaeda leaders and terrorists, such as at least one of the plotters in the August 1998 bombings of the U.S. Embassies in East Africa, and one of the future hijackers in the September 11, 2001, attacks on the United States (the “September 11 Attacks”).  During the speech, GANCZARSKI sat in the front row with al Adel’s son in his lap.

 

In approximately March 2000, GANCZARSKI attended a meeting in Karachi, Pakistan, between Mohammad and a member of Jamaah Islamiyah (“CC-1”), a Southeast Asia terrorist organization, at which U.S. and Israeli targets for terrorist attacks were discussed.  Following the meeting, GANCZARSKI helped transport CC-1 and a written communication from Mohammad to al Qaeda’s fortified compound in Kandahar, where GANCZARSKI spoke to bin Laden and took CC-1 to meetings with al Adel and Abu Hafs el Masri at which potential attacks on U.S. and Israeli interests were further discussed.

 

GANCZARSKI was in Germany at the time of the September 11 Attacks, and he indicated after the attacks that he had been aware that a significant event was about to occur.  In approximately early October 2001, GANCZARSKI returned to Afghanistan and met with other members of al Qaeda, including al Adel.  In approximately November 2001, GANCZARSKI and others attempted to repair anti-aircraft missiles controlled by al Qaeda that were not functioning, so that the missiles could be fired at U.S. military aircraft flying in the area at the time.

 

GANCZARSKI was arrested in France in 2003, and subsequently convicted of offenses under French law relating to a 2002 al Qaeda attack on a synagogue in Djerba, Tunisia.  GANCZARSKI has been incarcerated in France since being convicted.

  

*                *                *

 

The Superseding Indictment charges GANCZARSKI, 51, with four counts.  A chart containing a description of the charges and their maximum penalties is attached.  If convicted on all counts, GANCZARSKI would face a maximum sentence of life in prison.  The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

 

Mr. Berman and Mr. Boente praised the extraordinary investigative work of the FBI’s New York Joint Terrorism Task Force – which principally consists of agents from the FBI and detectives from the New York City Police Department – for the critical role they played and continue to play in the investigation of GANCZARSKI and his co-conspirators.  In addition, Mr. Berman thanked the Department of Justice’s National Security Division and Office of International Affairs.

 

This case is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Emil J. Bove III and Amanda L. Houle are in charge of the prosecution, with assistance from Trial Attorney David Smith of the National Security Division’s Counterterrorism Section.

 

The charges contained in the Superseding Indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

 

Statute (Title 18)

Counts

Description

Maximum Penalties

Section 2332(b)

Count 1

Conspiracy to kill United States nationals

Maximum sentence of life in prison

Section 2339A

Counts 2 and 3

Conspiracy to provide material support and resources to terrorists, and provision of material support and resources to terrorists

Maximum sentence of 15 years in prison on each count

Section 2339B

Count 4

Conspiracy to provide material support and resources to a designated foreign terrorist organization (al Qaeda)

Maximum sentence of 15 years in prison

 

[1] As the introductory phrase signifies, the entirety of the texts of the Superseding Indictment, and the descriptions of the Indictment and the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Investigation Leads to Arrest of Three Men for Cocaine Trafficking

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BOSTON – Three Worcester men were arrested and charged yesterday evening following a joint federal and state investigation targeting narcotics trafficking in central Massachusetts.

 

Deibby Garcia, 36, his brother, Japhet Garcia, 33, and Erick Cruz, 28, all of Worcester, were charged with conspiring to distribute and possess with the intent to distribute in excess of 500 grams of cocaine, possession with the intent to distribute in excess of 500 grams of cocaine, and use of a telecommunications facility (cellphones) in furtherance of narcotics trafficking.  The defendants will appear in federal court in Worcester for a detention hearing on Friday, Jan.19, 2018.

 

According to court documents, in early December 2017, Japhet Garcia and another individual, entered a Worcester Postal Facility and attempted to retrieve a package shipped from Puerto Rico that had been found to contain approximately three kilograms of cocaine. 

 

Subsequent to those events, a court-authorized wiretap of a phone belonging to Deibby Garcia revealed discussions between Deibby Garcia and an unidentified individual concerning the delivery of two packages from Puerto Rico on Jan. 16, 2017.  The intercepts further revealed that Deibby Garcia made arrangements with Erick Cruz, a U.S. Postal Service letter carrier, to have the packages picked up once they had arrived in Massachusetts. 

 

As alleged in court documents, during the course of communications between Jan. 9,2018, and Jan. 13, 2018, Cruz texted Deibby Garcia two addresses, both of which were on Cruz’s assigned route as a letter carrier.  Deibby Garcia, in turn, forwarded the addresses to what authorities believed to be his cocaine source in Puerto Rico.  On Jan. 12, 2018, two packages were sent from Puerto Rico to the addresses provided by Cruz and Deibby Garcia.  On Monday, Jan. 15, 2018, one package was searched pursuant to a federal search warrant and was found to contain three kilograms of cocaine.  The following day, federal agents permitted the second package to be provided to Cruz for delivery. 

 

Agents thereafter intercepted discussions between Cruz and Deibby Garcia in which they discussed arrangements for Deibby Garcia to have the second package picked up, and discussed what had happened to the package that had been seized and searched.  Soon after, the men were arrested and the second package was recovered.

 

The charge of conspiring to distribute in excess of 500 grams of cocaine provides for a mandatory minimum sentence of five years in prison, a maximum sentence of 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million.  The charge of use of a telecommunications device in furtherance of a violent felony provides for a sentence of no greater than four years in prison, up to one year of supervised release, and a fine of up to $250,000.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

 

United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Raymond Moss, Acting Inspector in Charge of the United States Postal Inspection Service; Massachusetts Attorney General Maura Healey; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Worcester Police Chief Steven M. Sargent; made the announcement today.  Assistant U.S. Attorney Mark Grady of Lelling’s Worcester Branch Office is prosecuting the case.

 

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

Prior Felon from Carlsbad Sentenced to Federal Prison for Unlawfully Possessing Firearms and Ammunition

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ALBUQUERQUE – Nathaniel Eddie Madrid, 40, of Carlsbad, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 57 months in prison for violating the federal firearms laws by unlawfully possessing firearms and ammunition.  Madrid will be on supervised release for three years after completing his prison sentence.

 

Madrid, whose prior criminal history includes felony convictions for possession of a controlled substance, contributing to the delinquency of a minor, breaking and entering, armed robbery with a deadly weapon, and being a felon in possession of a firearm, was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

Madrid was arrested on April 18, 2016, on a criminal complaint charging him with being a felon in possession of firearms and ammunition and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR) in Lincoln County, N.M.  According to the complaint, law enforcement officers recovered three firearms, ammunition, marijuana and drug paraphernalia from Madrid’s vehicle.  A search of the NFRTR also revealed that Madrid did not have any firearms registered in his name.

 

Madrid subsequently was indicted on Aug. 17, 2016, and charged with being a felon in possession of firearms and ammunition on Oct. 26, 2015, in Lincoln County.  According to the indictment, Madrid was prohibited from possessing firearms or ammunition because of his status as a convicted felon.  Court documents indicate that Madrid was on probation for a conviction for being a felon in possession of firearms and ammunition when he was arrested.

 

On Jan. 12, 2017, Madrid pled guilty to the indictment without the benefit of a plea agreement.  

 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police.  Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.


Purported Psychic Sentenced for Evading Taxes

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BOSTON – A south Florida woman, who purported to be a psychic, was sentenced today in federal court in Boston for impeding the Internal Revenue Service by hiding more than $3.5 million of income that she was paid by an elderly Martha’s Vineyard woman.

 

Sally Ann Johnson, a/k/a Angela Johnson, a/k/a Angelia Johnson, a/k/a Sally Reed, 41, was sentenced by U.S. District Court Judge Denise J. Casper to 26 months in prison and was ordered to repay $3,567,300 to the victim and to pay restitution in the amount of $725,912 to the IRS.  In October 2017, Johnson pleaded guilty to attempting to interfere with the administration of the Internal Revenue laws.  

 

Johnson owned and operated various businesses, including Flatiron Psychic, Psychic Match, Inc., and Psychic Spiritual Salon, Inc., all of which purported to offer “psychic readings,” “spiritual cleansing & strengthening,” and “meditation & healing.” From 2007 to 2014, Johnson was paid over $3.5 million by an elderly woman living on Martha’s Vineyard to purportedly perform spiritual cleansing and healing services to rid the woman of demons through repeated exorcisms. Rather than reporting her income to the IRS and paying taxes on it, Johnson took steps to conceal it. Specifically, Johnson used an alias and directed the woman to send payments to at least three different bank accounts with which Johnson was associated, including an account in another person’s name. Johnson then withdrew large portions of the woman’s payments from the accounts in cash. In addition, Johnson accrued substantial charges on a credit card held in the name of the elderly woman, who ultimately paid the credit card bills, thereby concealing from the IRS the true extent of Johnson’s income. Neither Johnson nor any of the businesses she operated filed a tax return or paid taxes on the income she received from the woman.

 

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston,made the announcement today. The Chilmark Police Department provided assistance with the investigation. Assistant U.S. Attorneys Sandra S. Bower and Brian A. Pérez-Daple of Lelling’s Criminal Division are prosecuting the case.

Registry of Motor Vehicles Clerk Sentenced for Role in Identity Theft Scheme

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BOSTON – A Massachusetts Registry of Motor Vehicles clerk was sentenced today in federal court in Boston for her role in a scheme to produce false identification documents.

 

Evelyn Medina, 56, of Boston, was sentenced to 15 months in prison and two years of supervised release. In October 2017, Media and co-conspirators Annette Gracia, 37, of Boston; Kimberly Jordan, 33, of Randolph; David Brimage, 46, of Boston; and Bivian Yohanny Brea, 41, of Boston, agreed to plead guilty to one count of producing without lawful authority an identification document or a false identification document.  In December 2017, Angel Miguel Beltre Tejada, 32, a Dominican national illegally residing in Jamaica Plain, was sentenced to two years in prison after pleading guilty to one count of aggravated identity theft. Tejada will also be subject to deportation proceedings upon completion of any sentence imposed.

 

In October 2015, law enforcement received an anonymous letter alleging that a corrupt RMV employee was providing Massachusetts identifications and drivers’ licenses to individuals who were using false identifications.  An investigation revealed that several Haymarket RMV clerks – Medina, Gracia, Jordan, and Brimage – were working with Brea and Tejada to fraudulently provide Massachusetts licenses and identification cards to illegal aliens for cash.   

 

The scheme involved several steps. Tejada and Brea would obtain identification documents belonging to United States citizens in Puerto Rico and sell them to clients who were seeking legitimate identities in Massachusetts. These clients included illegal aliens, individuals who were previously deported, and an individual who admitted to previously facing drug charges. Tejada would receive several hundred dollars in cash each time he sold identification documents.  Brea received up to $2,700 per identity for her role in the scheme, which included helping clients obtain the documents and facilitating their acquisition of Massachusetts identity documents.  

 

Typically, Brea and the client brought the stolen identities to the Haymarket RMV, where Medina, Gracia, Jordan, and/or Brimage would accept hundreds of dollars in cash to illegally issue authentic RMV documents, including Massachusetts licenses and ID cards. The clerks also accepted bribes to use the RMV’s system to run queries, including Social Security number audits, to confirm that the identities the clients were stealing actually belonged to verifiable individuals.

 

United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; William B. Gannon, Special Agent in Charge of the Boston Field Office of the U.S. Department of State’s Diplomatic Security Service; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement.  HSI’s Document and Benefit Fraud Task Force investigated the case.  Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the cases.

Red Lake Man Sentenced To 60 Months In Prison For Sexual Assault Of A Minor

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United States Attorney Gregory G. Brooker today announced the sentencing of BRANDON SCOTTCLOUD, 36, to 60 months in prison for sexually assaulting a minor victim. CLOUD, who was charged via criminal information on July 21, 2017, pleaded guilty on September 21, 2017, and was sentenced yesterday before Senior Judge Michael J. Davis in United States District Court in Minneapolis, Minn.

 

According to the defendant’s guilty plea and documents filed in court, on August 11, 2016, within the exterior boundaries of the Red Lake Indian Reservation, CLOUD sexually assaulted a 13-year-old minor victim. The victim, who was visiting a family member at CLOUD’S residence, was assaulted by CLOUD while she was sleeping. Following the assault, the victim contacted her mother who notified the Red Lake Police Department.

 

This case is the result of an investigation conducted by the Red Lake Police Department and the FBIHeadwaters Safe Trails Task Force.

 

Assistant U.S. Attorney Clifford B. Wardlaw prosecuted the case.

 

 

Defendant Information:                                                                                                                     

 

BRANDON SCOTTCLOUD, 36

Red Lake, Minn.

 

Convicted:

  • Sexual abuse of a minor, 1 count

 
Sentenced:

  • 60 months in prison
  • Three years supervised release

 
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United States Attorney’s Office, District of Minnesota: (612) 664-5600

Former Head Of Barclays New York Foreign Exchange Operation Indicted For Orchestrating Multimillion-Dollar Front-Running Scheme

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SAN FRANCISCO – Robert Bogucki, the former head of Barclays Capital Inc.’s (Barclays) New York foreign exchange trading operation was charged yesterday in an indictment for his alleged role in a scheme to defraud a client of Barclays through a method commonly referred to as “front-running.”  The charges relate to the manipulation of foreign exchange options in advance of an exceptionally large trade by the Palo Alto, California-based Hewlett-Packard Company (HP) in 2011.

Acting U.S. Attorney Alex G. Tse of the Northern District of California, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, and Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation (FDIC) made the announcement.  

Bogucki, 45, of East Setauket, New York, was charged in an indictment filed in the Northern District of California on Jan. 16, with one count of conspiracy to commit wire fraud and six counts of wire fraud.  Bogucki will make his initial appearance on Wednesday, Jan. 17, at 2:00pm in Brooklyn, New York, before U.S. Magistrate Judge Cheryl L. Pollak of the Eastern District of New York.  

“The indictment filed in this case alleges Bogucki and others corruptly manipulated the foreign exchange market for the benefit of his bank and his own pocket,” said Acting U.S. Attorney Tse. “This Office will continue to investigate and prosecute those who attempt to enrich themselves by corrupting our markets.”

“Robert Bogucki and others allegedly not only betrayed his client’s confidences, but also risked undermining public trust in the foreign exchange options market,” said Acting Assistant Attorney General Cronan.  “The Criminal Division and our law enforcement partners remain committed to protecting American interests by investigating and prosecuting sophisticated schemes such as the one alleged in this indictment.” 

“The indictment returned today charges a fraudulent manipulation scheme where the defendant betrayed Barclays’ client by lying and misusing the client information, and then masked the activities,” said Inspector General Lerner.  “We are pleased to work with our law enforcement partners in investigating these matters and protecting the integrity of the banking system against such alleged abuses.”

According to the indictment, in September and October 2011, Bogucki misused information provided to him by HP, which had hired Barclays to execute a foreign exchange transaction related to the planned acquisition of a UK-based company.  Barclays was selected to execute the foreign exchange transaction – which required the sale of 6 billion British pounds worth of options – in September 2011.  The defendant and other Barclays employees assured HP and its employees that they understood the need to keep the planned transaction, which was exceptionally large, and therefore “market-moving,” confidential.  Instead, Bogucki and other Barclays employees allegedly used the confidential information they received to manipulate the price of “volatility,” a metric that affects the value of foreign exchange options.  During conversations with Bogucki, one Barclays trader stated that he and other traders would “bash the sh*t out of” and “spank the market” to depress the price of volatility.  Other Barclays traders also discussed “hammer[ing] the market lower” in order to decrease the value of the HP’s options.

The indictment alleges that, as part of the scheme, Bogucki made misrepresentations to HP and its employees about Barclays’ activities and the state of the options market that concealed the self-serving nature of Barclays’ actions.  Specifically, the indictment alleges that Bogucki directed options trading in a way that was designed to depress the price of volatility, to the benefit of Barclays and at HP’s expense.

The charges in the indictment are merely allegations, and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.  This is the second indictment brought against the head of a foreign exchange desk of a global financial institution related to the Criminal Division’s ongoing investigation of fraud and manipulation in the foreign exchange markets.

Assistant U.S. Attorney Robert Leach, Assistant Chief Brian Young of the Criminal Division’s Fraud Section, and Department of Justice Trial Attorney Justin Weitz are prosecuting the case.  The investigation is being conducted by the FDIC’s Office of Inspector General.  
 

New Mexico Man Pleads Guilty To Directing Computer Attacks Against Websites Of Dozens Of Victims, As Well As Felon-In-Possession Charges

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A New Mexico man pleaded guilty today in St. Paul, Minnesota, for directing computer attacks against the websites of his prior employers, business competitors and public services, as well as felon-in-possession charges. Acting Assistant Attorney General John P. Cronan of the Department of Justice’s Criminal Division; United States Attorney Gregory G. Brooker of the District of Minnesota; and Special Agent in Charge Richard T. Thornton of the Federal Bureau of Investigation-Minneapolis Field Office made the announcement.

 

U.S. Attorney Greg Brooker stated, “Cyber-attacks, such as the ones perpetrated by the defendant, are serious crimes that cause real harm to real victims. As this prosecution shows, these crimes also carry serious consequences. This Office will continue to prioritize the prosecution of cybercriminals that pose a substantial threat to private businesses, public entities, and critical infrastructure.”

 

FBI Minneapolis Division Special Agent in Charge Richard Thornton added, “Unfortunately, crime on the internet has become an everyday reality across the United States. Cybercriminals looking to turn a buck or with an axe to grind mistakenly see the internet as fertile ground for anonymous criminal activity.”  “Cybercrime,” Thornton explained, “has real world consequences. While many cases involve the loss of money or personal information, it’s no less impactful when victims are denied internet services that have become vital in our personal and commercial lives. We’re grateful to our corporate and law enforcement partnerships that helped achieve justice for the victims in this case.” 

 

JOHN KELSEY GAMMELL, 55, pleaded guilty to one count of conspiracy to cause intentional damage to a protected computer and two counts of being a felon-in-possession before District Judge Wilhelmina M. Wright of the District of Minnesota. He will be sentenced at a later date.

 

According to admissions made in connection with his plea, from at least in or about July 2015 through in or about March 2017, GAMMELL engaged in a campaign of distributed denial of service (“DDoS”) attacks on websites throughout the United States. A DDoS attack is a malicious attempt to disable or interrupt service to a computer or website, usually by causing large amounts of internet traffic to be directed to the computer or website. GAMMELL directed DDoS attacks at a number of victims’ websites, including websites operated by companies he used to work for, companies that declined to hire him, competitors of his business, and websites for law enforcement agencies and courts, among others. 

 

GAMMELL admitted that he caused DDoS attacks by using computer programs on his own computers, as well as by directing “DDoS-for-hire” companies from which he purchased services to launch the DDoS attacks. GAMMELL purchased subscriptions to multiple DDoS-for-hire companies, including VDoS, CStress, Inboot, Booter.xyz, and IPStresser. He initiated attacks using these DDoS-for-hire companies against dozens of victims, including but not limited to Washburn Computer Group, the Minnesota State Courts, Dakota County Technical College, Minneapolis Community and Technical College, the Hennepin County Sheriff’s Office, and others. GAMMELL took a variety of steps to avoid detection and circumvent his victims’ DDoS attack mitigation efforts, such as using IP address anonymization services to mask his identity and location, using cryptocurrency in payment for DDoS-for-hire services, using multiple DDoS-for-hire services at once to amplify his attacks, using spoofed emails to conceal his conduct, and using encryption and drive-cleaning tools to conceal digital evidence of his conduct on his computers. GAMMELL, who is a convicted felon, also admitted that he possessed parts for use in the building of AR-15 assault rifles, upper and lower receivers, a pistol grip, a trigger guard, 15 high-capacity magazines, a buttstock, a buffer tube, and 420 rounds of 5.56 x 45mm full metal jacket rifle ammunition in Colorado, where he worked. He further admitted that he possessed a Heckler & Koch P2000 handgun, and a Springfield Armory model 1911-A1, .45 caliber handgun, as well as hundreds of rounds of ammunition in New Mexico, where he resided.

 

This case was investigated by the FBI’s Minneapolis Field Office. 

 

Assistant U.S. Attorney Timothy C. Rank of the District of Minnesota and Trial Attorney Aaron R. Cooper of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case. The U.S. Attorney’s Offices for the District of Colorado and the District of New Mexico also provided substantial assistance in this matter.

 

 

Defendant Information:

 

JOHN KELSEY GAMMELL, 55

Las Cruces, N.M.

 

Convicted:

  • Conspiracy to commit intentional damage to a protected computer, 1 count
  • Felon in possession of a firearm, 2 counts

 

  

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

 

Supporting the Priorites of the U.S. Department of Justice

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Since being sworn in as United States Attorney for the Eastern District of Tennessee on November 21, 2017, I have been working diligently to support the Department of Justice (DOJ) priorities outlined by United States Attorney General Jeff Sessions as well as the mission of the U.S. Attorney’s Office for the Eastern District of Tennessee.

 

Currently, the top five DOJ priorities include:  reducing violent crime; establishing a lawful and constitutional immigration system that makes us safer and more secure; combatting the drug/opioid addiction crisis; protecting our national security; and, enforcing the rule of law.  To aid in the enforcement of these priorities, Attorney General Sessions has announced several new tools, initiatives, and programs as well as enhancements to existing programs for U.S. Attorney’s offices and federal, state, and local law enforcement.   

 

In May 2017, Attorney General Sessions issued a memo establishing DOJ charging and sentencing policies.  This guidance reestablished the longstanding DOJ policy, trusting our federal prosecutors to use their discretion and judgment to apply the law to the facts of the investigation and pursue the most serious, readily provable offense(s) supported by the facts of the case.

 

Attorney General Sessions has also repeatedly reinforced his commitment to assist law enforcement in performing their duties, celebrating the noble, honorable, essential, and challenging work of law enforcement communities, while always seeking to affirm the critical role of police officers in our society.  Supporting our law enforcement partners and the excellent work that they do as well as promoting coordination and cooperation between local, state, and federal law enforcement agencies, will also continue to be a top priority in East Tennessee. 

 

The nation is currently facing the deadliest drug crisis in American history.  Unfortunately, East Tennessee is not immune to this problem.  In fact, statistics show that Tennessee is one of the “hot spots” for drug abuse and overdose related deaths in the country.   Combatting this drug/opioid crisis is a top priority for President Trump and his administration as well as Attorney General Sessions.  Accordingly, the U.S. Attorney’s office will continue to take every action available to address this crisis, including working with our federal, state, and local partners, to target and prosecute those who are unlawfully furthering this epidemic.

 

In August 2017, the Attorney General announced the formation of the Opioid Fraud and Abuse Detection Unit, a new Department of Justice program to utilize data to help combat the devastating opioid crisis. The Eastern District of Tennessee received one of 12 experienced Assistant U.S. Attorney positions allocated across the country to focus solely on investigating and prosecuting health care fraud related to prescription opioids, including pill mill schemes and pharmacies that unlawfully divert or dispense prescription opioids. 

 

In October 2017, Attorney General Sessions announced the expansion of Project Safe Neighborhoods (PSN), which encourages U.S. Attorneys’ offices to work with the communities they serve to develop customized crime reduction strategies. Originally launched in 2001, one study showed that, in its first seven years, PSN reduced violent crime overall by 4.1 percent with case studies showing reductions in certain areas of up to 42 percent.  The PSN program has always been strong in the Eastern District of Tennessee and will continue to thrive during a reinvigoration of the district’s crime reduction strategy incorporating lessons learned since its inception.  I am fully onboard with making our neighbors, schools, and communities free from illegal drugs and crime.

 

Also in October 2017, the Attorney General announced Organized Crime and Drug Enforcement Task Force’s (OCDETF) National Gang Strategic Initiative promoting creative enforcement strategies and best practices to assist in developing investigations of violent criminal groups and gangs into enterprise-level OCDETF prosecutions.  MS-13, identified as one of the most violent and ruthless gangs on the streets today, was designated as a priority, allowing federal law enforcement to utilize an expanded toolkit in its efforts to dismantle the organization.

 

While the current administration has made great progress toward establishing a lawful and constitutional immigration system to make us safer and more secure, the threats we face from terrorists are diverse and evolving.  A report released in January 2018 by DOJ and the Department of Homeland Security (DHS) revealed that between September 11, 2001, and December 31, 2016, three of every four individuals convicted of international terrorism-related charges in U.S. federal courts were foreign-born.  During this same period, U.S. Immigration and Customs Enforcement removed 1,716 aliens with national security concerns.  Further, in 2017 alone, DHS encountered 2,554 individuals on the terrorist watch list (also known as the FBI’s Terrorist Screening Database) traveling to the United States.  

 

There is no higher DOJ priority than protecting the nation against acts of terrorism and other threats to national security. The hard work of DOJ professionals and our partners at home and abroad have enabled the disruption of numerous terrorist plots and the successful prosecution of those involved.  We will use every available tool to continue these efforts.

 

In the Eastern District of Tennessee, the Anti-Terrorism Advisory Council (ATAC), established after the terrorist attacks in September 2001, serves as a conduit for information sharing about suspected terrorists among federal, state and local law enforcement entities. The ATAC operates as an umbrella organization of local, state, and federal agencies that coordinates activities, develops policy, implements strategic plans, and provides training to combat terrorism. It also coordinates with the other ATACs around the nation and works closely with the Federal Bureau of Investigation’s Joint Terrorism Task Force (JTTF). Member agencies include those from law enforcement, public health, emergency planning and response, the military, and the intelligence community.

 

Finally, Attorney General Sessions has pledged that it is his duty to ensure that the laws of the United States are enforced and that the Constitutional order upheld.  Enforcing the law saves lives, protects communities and taxpayers, and prevents human suffering. Failure to enforce the laws in the past has put our nation at risk of crime, violence, and even terrorism.   During my watch as United States Attorney, the experienced prosecutors and other professionals in our office will continue to enforce the law and defend the interests of the United States, ensuring the fair and impartial administration of justice for the people of East Tennessee.

 

 

                                                                                                J. Douglas Overbey

                                                                                                United States Attorney

                                                                                                Eastern District of Tennessee

Cleveland man and former Parma resident charged with embezzling $186,000, using some of the money for cocaine

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A former Parma resident and a Cleveland man were indicted in federal court for their roles in a conspiracy to embezzle more than $186,000, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.

 

Lisa M. Pfrenger, 48, of Fairfield Bay, Arkansas, and previously of Parma, and Lorenzo Parker, 46, of Cleveland, were indicted on one count of conspiracy to make, utter and possess counterfeit checks and 14 counts of making, uttering and possessing counterfeit checks. 

           

Pfrenger was the operations manager of Resource Title National Agency, Inc. (RTNA) and had control over the day-to-day operations of the company, including check writing.  As a title company licensed by the state of Ohio, RTNA kept an account containing unclaimed funds from its various real estate transactions. The amount of funds in a title company’s unclaimed funds can become significant over time and if these monies remain unclaimed, the title company is required to transfer the unclaimed funds to the Ohio Department of Insurance, according to the indictment.

 

Pfrenger and Parker devised a scheme to embezzle monies in RTNA’s unclaimed funds account.  Pfrenger issued checks in the name of previous customers of RTNA to make it look a legitimate payment of funds from a previous real estate transaction.  Pfrenger then gave the checks to Parker, who either endorsed the checks himself or had others endorse the checks, by forging the signature of the payee and depositing the checks, according to the indictment.

 

Parker then withdrew the monies and used it for his personal use. In return, Parker provided Pfrenger with cocaine, according to the indictment.

 

Both Pfrenger and Parker knew that they had no legitimate basis to possess the counterfeited checks, nor the unclaimed funds.  From January 2013 through October 2015, Pfrenger and Parker made, possessed and deposited approximately 216 counterfeit checks resulting in an approximate loss of $186,718 to RTNA’s unclaimed fund accounts, according to the indictment.

 

The defendants’ sentence, if any, will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense and the characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

 

The matter is being prosecuted by Assistant U.S. Attorney Mark S. Bennett after an investigation by the Federal Bureau of Investigation.

 

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


Police Chief of Mahoning County village indicted on child pornography charges

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The police chief of a village in Mahoning County was indicted on child pornography charges, law enforcement officials said.

 

Andrew M. Soloman, 36, was indicted on two counts of receiving and possessing visual depictions of minors engaged in sexually explicit conduct. Soloman is the police chief of Craig Beach Village.

 

Soloman knowingly received files which contained visual depictions of a real minor engaged in sexually explicit conduct. This took place from  Oct. 24 through Dec. 7, 2017. Soloman also  possessed on Dec. 7, 2017, an Apple Iphone 7 smartphone which contained child pornography, according to the indictment.

 

Soloman met the juvenile victim when responding to her residence for calls about harassment and a juvenile runaway. During their interactions, the victim said in Soloman’s cruiser for several hours and talked. He provided her with his work email address, according to court documents.

 

The two continued to communicate via text and email through 2017. The victim sent Soloman sexually explicit photographs of herself and Soloman responded by sending sexually explicit photographs via his work email account, according to court documents.

 

If convicted, the defendant’s sentence will be determined by the Court after review of 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. Attorney Michael A. Sullivan following an investigation by the Federal Bureau of Investigation, the Ohio Bureau of Criminal Investigation, the Mahoning County Sheriff’s Office and the Austintown Police Department.

Neopit Man Indicted for Assault and Firearm Offense on Menominee Indian Reservation

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Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on January 17, 2018, a federal grand jury returned a two-count indictment against a man allegedly involved in an assault and firearms offense on the Menominee Indian Reservation. The indictment named Ronald J. Cloud (age: 34) of Neopit, which is located on the Menominee Indian Reservation. Count One of the indictment charged Cloud with Assault with a Dangerous Weapon in violation of 18 United States Code 113(a)(3).  Count Two charged Cloud with Use of a Firearm in Furtherance of a Crime of Violence, in violation of 18 United States Code 924(c). In Count One, Cloud faces a maximum of 10 years’ imprisonment, up to a $250,000 fine, and up to 3 years of supervised release. In Count Two, Cloud faces a mandatory 10-year consecutive sentence and up to life in prison.

 

According to the indictment, on about April 9, 2017, Cloud discharged a firearm in furtherance of an armed assault committed against another person

           

The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case. The case is being prosecuted by Assistant United States Attorney Andrew J. Maier.

 

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

 

# # # #

 

For additional information contact:

Acting Public Information Officer Elizabeth Makowski at 414 297-1700

District Man Found Guilty of Charges in Shooting at Columbia Heights Metro Station

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            WASHINGTON – Cesar Morales, 23, of Washington, D.C., was found guilty by a jury today of charges stemming from a shooting that took place last summer at the Columbia Heights Metro station in Northwest Washington, U.S. Attorney Jessie K. Liu announced.

 

            Morales was found guilty of assault with a dangerous weapon, possession of a firearm during a crime of violence, and related firearm offenses. The verdict followed a one-week trial in the Superior Court of the District of Columbia. The Honorable Jennifer A. Di Toro scheduled sentencing for April 4, 2018.

 

            According to the government’s evidence, on Aug. 25, 2017 at approximately 12:20 p.m., Morales chased the victim around the Columbia Heights Metro station. As they reached the top of the escalators on the west entrance, Morales fired one shot with a .22-caliber Ruger towards the victim. Luckily, the victim was able to run away and get through the station unharmed. At the time of the shooting, dozens of people were in and around the station.

 

            Morales fled westbound on Irving Street NW, making a right on Hyatt Place and then a left onto Park Road NW. Within minutes, officers with the Metropolitan Police Department (MPD) were able to contact and attempted to stop the defendant and another individual. When officers asked to see Morales’s hands, the defendant reached in his waistband and fled from the officers. Officers observed Morales toss a firearm. Morales was able to get away.

 

            Video surveillance captured the shooting outside the Metro station and the victim running inside the station. Body-worn camera of the officers captured the stop minutes after the shooting. MPD released video and an investigation led to Morales’s arrest on Aug. 31, 2017. He has been in custody ever since. A casing was recovered from the Metro station stairs that was determined to have been fired by the firearm recovered in defendant’s flight path.

 

            In announcing the verdict, U.S. Attorney Liu commended the work of those who investigated the case from Metropolitan Police Department and Metro Transit Police Department. She expressed appreciation for the assistance provided by the Forensic Science Laboratory of the District of Columbia Department of Forensic Sciences. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Forensic Operation/Program Specialist Benjamin Kagan-Guthrie; Paralegal Specialist Tiffany Fogle, Litigation Technology Specialist Anisha Bhatia, and Assistant U.S. Attorney Jennifer Kerkhoff. Finally, she acknowledged the efforts of Assistant U.S. Attorney Monica Trigoso, who investigated and prosecuted the case.

 

Florida Man Sentenced to Prison for Making Telephonic Threat to Shoot Congregants at The Islamic Center of Greater Miami

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U.S. District Judge Marcia G. Cooke sentenced a Miami-area man to 12 months and one day in prison and three years’ supervised release for threatening to shoot members of a mosque in Miami Gardens, Florida, announced U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida and Acting Assistant Attorney General John Gore of the Civil Rights Division.

 

Gerald Wallace, 35, pleaded guilty in October 2017 in the Southern District of Florida to one count of obstructing the free exercise of religious beliefs for making the threatening call.  During the plea hearing, Wallace admitted that on the evening of Feb. 19, 2017, Wallace left a voicemail message for the Islamic Center of Greater Miami, located in Miami Gardens, Florida.  The defendant admitted leaving a hate-filled and profanity-laden message against Islam, the prophet Mohammed, and the Koran, during which he threatened to go to the mosque, and stated, “I’m gonna shoot all ya’ll.” He further admitted that by leaving this threatening message, he obstructed congregants who worship at the Islamic Center from freely exercising their religious beliefs.

 

“Hate crimes violate our country’s most fundamental principles,” said U.S. Attorney Benjamin G. Greenberg. “Wallace was sentenced for depriving the Islamic Center’s congregants of the right to freely exercise their religion.  This office will continue to aggressively prosecute hate crimes in order to protect those in our community who would otherwise fall victim to discriminatory violence.” 

 

“Our Constitution and laws guarantee all people – regardless of where they worship – the right to live free from violence and discrimination,” said Acting Assistant Attorney General John Gore.  “The Justice Department will continue to vigorously prosecute those who commit violent acts of hate by threat or action.”

 

This case was investigated by the FBI’s Miami Area Corruption Task Force and the Miami Gardens Police Department. The case was prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr. of the Southern District of Florida and Trial Attorney Samantha Trepel of the Civil Rights Division.

 

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

Suburban Man Sentenced to Ten Years in Federal Prison for Manufacturing Synthetic Cannabinoids

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CHICAGO — A south suburban man has been sentenced to ten years in federal prison for manufacturing synthetic cannabinoids into a smokeable drug known as K2, or “spice.”

 

KHALID HAMDAN, 51, of Justice, mixed the synthetic cannabinoids with leaves and other substances to create the drug.  Hamdan then sold wholesale quantities of the drug to customers under various brand names, including “Diablo,” “Bomb Marley,” “Joker,” and “7H Hydro.”

 

U.S. District Judge Manish S. Shah on Tuesday sentenced Hamdan to ten years in prison.  It is the highest sentence to date in the Northern District of Illinois for manufacturing a synthetic cannabinoid.

 

The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Robert Bell, Acting Special Agent-in-Charge of the Chicago Field Division of the Drug Enforcement Administration.  The Bridgeview Police Department initiated the investigation with the DEA.  The Federal Bureau of Investigation’s Cryptanalysis and Racketeering Records Unit also assisted with the investigation.

 

Synthetic cannabinoids are often falsely marketed as the ‘legal,’ equivalent alternative to marijuana, but the effects are much stronger, more adverse, and less predictable than marijuana,” Assistant U.S. Attorneys Kelly M. Greening and Matthew Schneider argued in the government’s sentencing memorandum.  “Defendant was a large-scale drug trafficker who manufactured and sold kilograms and kilograms of these drugs to customers across Illinois, Indiana and other states.”

 

A jury last year convicted Hamdan on one count of conspiracy to manufacture the synthetic cannabinoid XLR 11, and two counts of possessing XLR 11 with the intent to distribute. 

 

Evidence at trial showed that Hamdan used storage units in Bridgeview and Chicago Ridge to manufacture and store the XLR 11 chemical and the finished K2 product.  A law enforcement search of the Chicago Ridge storage unit in 2014 revealed tools and products for manufacturing the drugs, including the raw XLR 11 powder, cans of acetone, bottles of flavoring,boxes of untreated damiana tea leaves, and boxes for packaging. 

 

Once manufactured, the drug was sold to consumers in baggies with professionally printed, animated designer labels.

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