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Albuquerque Felon Pleads Guilty to Violating Federal Firearms Laws

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ALBUQUERQUE – Anderson Humphrey, 34, of Albuquerque, N.M., pled guilty today in federal court to being a felon in possession of firearms and ammunition.  Under the terms of his plea agreement, Humphrey will be sentenced to 80 months in federal prison followed by a term of supervised release to be determined by the court.

Humphrey was charged by criminal complaint filed on May 26, 2016, with being felon in possession of a firearm and ammunition on May 23, 2016, in Bernalillo County, N.M.  According to the complaint, Albuquerque Police Department (APD) officers located ammunition in Humphrey’s pocket and a firearm and ammunition in Humphrey’s vehicle incident to Humphrey’s arrest for an active warrant for aggravated assault with a deadly weapon, intimidation of a witness and kidnapping a victim.  

Humphrey was subsequently indicted on Sept. 13, 2016, and charged with being a felon in possession of a firearm and ammunition on May 23, 2016, in Bernalillo County.  According to the indictment, Humphrey was prohibited from possessing firearm or ammunition because of his prior felony convictions for unlawful possession of cocaine, burglary of a building, unlawful conspiracy to deliver cocaine and unlawful delivery of cocaine.

Humphrey was arrested on the federal charges in Sept. 2017, after he was transferred to federal custody from state custody where he was detained on related state charges. The state charges later were dismissed in favor of federal prosecution.

During today’s proceedings, Humphrey entered a guilty plea to the indictment and admitted that on May 23, 2016, he was in possession of a firearm and ammunition despite his status as a convicted felon.  Humphrey remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case.


Warm Springs Woman Pleads Guilty to Assault with Intent to Commit Murder of Two Family Members

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PORTLAND, Ore. – On Wednesday, February 7, 2018, Rhyan Leigh Smith, 26, of Warm Springs, Oregon, pleaded guilty in U.S. District Court to two counts of assault with the intent to commit murder in violation of 18 U.S.C. §§ 113(a) and 1153, and one count of possession of a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924(c).

According to court documents, in the early morning hours of March 16, 2016, Smith returned to a house she had periodically resided in with five of her family members. At approximately 8:00 a.m., Smith retrieved a pistol she had taken from the owner without permission. Smith conversed briefly with a family member in doorway of the family member’s bedroom before shooting him five times. A second family member heard the gunshots and tried to stop Smith, but Smith shot her multiple times. Both victims suffered life-threatening injuries.

The Warm Springs Police Department and the FBI responded to the house and found Smith hiding in sagebrush near the house with an AR-15 assault rifle. Investigators later found a camouflage rifle bag with multiple AR-15 magazines, loose ammunition and a 9mm pistol in a vehicle at the house.

Smith faces a maximum sentence of life in prison and mandatory minimum sentence of 10 years. Her sentencing hearing is scheduled for May 21, 2018 before United States Chief District Court Judge Michael W. Mosman.

This case was investigated by the FBI and the Warm Springs Police Department and prosecuted by William Narus and Craig Gabriel, Assistant U.S. Attorneys for the District of Oregon.

On March 3, 1994, the FBI initiated “Operation Safe Trails” with the Navajo Department of Law Enforcement in Flagstaff, Arizona. The operation, which would later evolve into the Safe Trails Task Force (STTF) Program, unites FBI and other federal, state, local, and tribal law enforcement agencies in a collaborative effort to combat the growth of crime in Indian Country. STTFs allow participating agencies to combine limited resources and increase investigative coordination in Indian Country to target violent crime, drugs, gangs, and gaming violations.

Michigan Men Sentenced for Conspiracy to Distribute Oxycodone and a Firearm Offense

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LEXINGTON, Ky., - Two Detroit men have been sentenced to federal prison for drug and firearm offenses.  U.S. District Judge Danny C. Reeves formally sentenced each, on Friday, February 2, 2018.   

Marcella Lorenzo Dunbar, 37, was sentenced to 105 months in prison for conspiracy to distribute oxycodone and being a felon in possession of a firearm. 

Gerald Jones, 31, was sentenced to 51 months in prison for conspiracy to distribute oxycodone.

Dunbar and Jones previously admitted that they had traveled from Detroit to Winchester in late 2016, and began selling oxycodone to local users.  Dunbar also admitted to renting a house in Winchester so that he and Jones could sell oxycodone.  When arrested, Dunbar and Gerald Jones were found in possession of 1,550 oxycodone pills for sale, a firearm, and $4,750 in drug proceeds.  Dunbar also admitted that he had previously been convicted of a felony and was prohibited from possessing a firearm.  Dunbar and Jones pleaded guilty to the charges in October 2017.

Under federal law, Dunbar and Jones must serve 85 percent of their prison sentences; and, upon release, they will be under the supervision of the United States Probation Office for 5 years and 3 years, respectfully.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Michael Klinger, Field Office Director, Department of Homeland Security, Detroit; Richard Sanders, Commissioner of the Kentucky State Police; and Clark County Sheriff Berl Perdue, Jr., jointly announced the sentences.

These cases were prosecuted 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. 

The Department of Homeland Security, Kentucky State Police, and the Clark County Sheriff’s Office conducted the investigation.  Assistant United States Attorney Roger W. West represented the United States.

Five Members of Robeson County Drug Trafficking Organization Sentenced

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RALEIGH– United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever III sentenced five members of a Drug Trafficking Organization (DTO) operating in Robson County, responsible for shipping and distributing large quantities of cocaine and marijuana within the Eastern District of North Carolina.  The following sentences were handed down on today’s date:

MITCHELL RAY LOCKLEAR, 55, of Maxton, North Carolina was sentenced to 180 months imprisonment, followed by 5 years of supervised release.

TIMMY LLOYD HUNT, 43, of Maxton, North Carolina was sentenced to 120 months imprisonment, followed by 3 years of supervised release.

BRANDON DARRIS LOCKLEAR, 36, of Maxton, North Carolina was sentenced to 60 months imprisonment, followed by 3 years of supervised release.

ARCHIE LYNN STRICKLAND, 41, of Fairmont, North Carolina was sentenced to 60 months imprisonment, followed by 3 years of supervised release.

TORREY LOCKLEAR, 38, of Maxton, North Carolina was sentenced to 18 months imprisonment, followed by 3 years of supervised release.

The defendants were named in an Indictment filed on April 11, 2017 charging them with conspiracy to distribute and possess with the intent to distribute marijuana, cocaine, and cocaine base (crack).  Four additional defendants are pending sentencing in this case.

The case is being investigated by the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Internal Revenue Service - Criminal Investigation (IRS-CI), and Immigration and Custom Enforcement’s Homeland Security Investigations (HSI).  Additional assistance was provided by the Robeson County Sheriff’s Office, the North Carolina State Highway Patrol, the North Carolina State Bureau of Investigation, the North Carolina National Guard, and the United States Department of Agriculture.  Assistant United States Attorney Lawrence J. Cameron is prosecuting the case for the government.    

Armed Methamphetamine Trafficker Is Sentenced To 21 Years In Prison

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STATESVILLE, N.C. – U.S. Attorney R. Andrew Murray announced today that Joseph Howard Davis, 34, of Charlotte, was sentenced to 260 months in prison on drug trafficking and firearms offenses. U.S. District Judge Richard L. Voorhees also ordered Davis to serve 10 years under court supervision upon completion of his prison term. In July 2017, a federal jury 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.

According to filed court documents and evidence introduced during Davis’ two-day trial, from in or about 2014 to October 2016, Davis participated in a conspiracy to distribute methamphetamine in and around Catawba county and elsewhere in the Western District.  Court records show that over the course of the investigation law enforcement seized from Davis approximately two ounces of 96% pure methamphetamine and two rifles.  Davis has a previous felony conviction and is prohibited from possessing a firearm.

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In a separate case, Judge Voorhees also sentenced today Shea David Byrd, 44, of Lenoir, N.C. to 15 years in prison, and Patrick Neal Bates, 50, of Hickory, N.C. to 10 years in prison on methamphetamine trafficking offenses. Byrd and Bates were each ordered to serve five years of supervised release after they are released from prison.

All defendants are currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.

These prosecutions stem from an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF) that has resulted in the conviction of more than 200 defendants on methamphetamine trafficking and firearms charges.  OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional drug trafficking organizations and coordinating the necessary law enforcement agencies and resources to disrupt or dismantle the targeted criminal organization and seize their assets.

In making today’s announcement U.S. Attorney Murray thanks Gregory L. Wiest, Acting Special Agent in Charge of ICE/Homeland Security Investigations (HSI) in Georgia and the Carolinas; Robert Schurmeier, Director of the North Carolina State Bureau of Investigation; Chief Thurman Whisnant of the Hickory Police Department; and Sheriff Chris Bowman of the Alexander County Sheriff’s Office for their agencies’ coordination and assistance throughout these investigations.

Assistant U.S. Attorney Steven R. Kaufman, of the U.S. Attorney’s Office in Charlotte, was in charge of the prosecution.

 

St. Louis County Man Sentenced for Scamming Individuals

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St. Louis, MO – David E. Schultz was sentenced to 96 months in prison for wire fraud.  Schultz was also ordered to pay restitution in the amount of $452,376.00.   

David E. Schultz defrauded multiple victims by falsely stating that he could provide various legal remedies to them.  He demanded victims provide him cash or assets, such as jewelry, gold, silver, and other items of value that could quickly be converted into cash in exchange for future services. Schultz demanded victims borrow money from their family members or open lines of credit in order to provide him with money in exchange for future services.

As part of his fraudulent scheme, Schultz developed a relationship with victim R.R.  Victim R.R. was a St. Louis pharmacist whose pharmacology license was suspended in 2014.  David E. Schultz falsely represented to Victim R.R. that he was a non-practicing attorney who worked closely with a Saint Louis area attorney.  Schultz told R.R. that in exchange for payments, he would be able to obtain a “Letter of Exoneration” from the Missouri Board of Pharmacy and broker a lucrative lab-testing contract with the Missouri Department of Corrections. Victim R.R. paid David E. Schultz approximately $50,000 for services which were never provided and which David E. Schultz never intended to provide.

He also developed a relationship with victim E.B.  Victim E.B. owned and operated a health care products distribution firm and was convicted of health care fraud in 2015. David E. Schultz falsely represented to Victim E.B. that he was a non-practicing attorney who worked closely with a Saint Louis area attorney.  David E. Schultz represented to Victim E.B. that in exchange for payments, he would be able to have E.B.’s conviction overturned.  In July 2016, David E. Schultz presented to Victim E.B. two fraudulent and forged documents falsely representing that E.B.’s conviction was overturned.  Victim E.B. paid David E. Schultz approximately $81,000 for services which were never provided.

Schultz also developed a relationship with Victim D.G.  Victim D.G. was convicted of health care fraud in 2014.  David E. Schultz falsely represented to Victim D.G. that in exchange for payments, he would have D.G.’s conviction “expunged” and falsely represented that he was in close contact with the Federal District Court Judge who sentenced Victim D.G.  Victim D.G. paid David E. Schultz approximately $17,000 for services which were never provided.

Schultz also developed a relationship with Victim O.G.  Victim O.G. was the sister of Victim D.G.  David E. Schultz falsely represented to Victim O.G. that he was working with attorneys to secure her brother’s release from prison.  David E. Schultz also falsely represented to Victim O.G. that upon Victim D.G’s release from prison, he intended to open several Dollar Stores with Victim D.G.  David E. Schultz represented to Victim O.G. that in exchange for payments, he would pay attorneys to have her brother released from prison and pay for hotel and meal expenses for Dollar Store executives that he hosted.  Victim O.G. paid David E. Schultz approximately $22,000 for services which were never provided.

Schultz developed a relationship with Victim R.J.  Victim R.J. was a former cardiologist convicted of health care fraud in 2002 and 2009. David E. Schultz falsely represented to Victim R.J. that he was working with attorneys to reinstate Victim R.J.’s medical license.  David E. Schultz falsely represented to Victim R.J. that in exchange for payments, he would pay his personal attorney, V.A., to secure “immunity” for Victim R.J. Additionally, David E. Schultz falsely represented that he would pay attorneys to testify for R.J. during the medical license reinstatement process; hire private investigators; and make court-ordered restitution payments on R.J.’s behalf. Victim R.J. paid David E. Schultz approximately $162,000 for services which were never provided.

Furthermore, Schultz developed a romantic relationship with Victim S.M.  David E. Schultz falsely represented to Victim S.M. that he was a “hard money lender” and was a wealthy real estate investor.  David E. Schultz promised to marry Victim S.M. and provide her with a lifetime of financial security.  David E. Schultz represented to Victim S.M. that he needed to borrow money from her only until he received several large cash payments from his overseas accounts.  Victim S.M. drained her own saving and retirement accounts, borrowed money from her parents, borrowed money from her siblings and opened credit accounts to generate money for David E. Schultz.  In total, Victim S.M. paid David E. Schultz approximately $120,000.

Schultz, 50, of St. Louis County, pled guilty in November to two felony counts of wire fraud.  He appeared today for sentencing in front of U.S. District Judge Ronnie White.

The case was investigated by the FBI. Assistant United States Attorney Dianna Collins is prosecuting the case for the U.S. Attorney’s Office.

Wilmington Man Sentenced to More Than 17 Years for Drug Distribution Charge

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RALEIGH– The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge James C. Dever, III sentenced JERMAINE DALE ROGERS, 39, of Wilmington, to 210 months of imprisonment followed by 6 years of supervised release. 

ROGERS was named in an Indictment filed on July 19, 2017.  On October 25, 2017, ROGERS pled guilty to Distribution of a Quantity of Heroin.

In February 2017, a Confidential Informant (informant) advised law enforcement in New Hanover County that ROGERS was actively selling heroin.  At the time, ROGERS was residing in a Federal halfway house in Wilmington following his release from the Bureau of Prisons.  The informant admitted to purchasing 2 clips or 2 grams of heroin from ROGERS approximately 15 times over the course of three months.  In April 2017, under the direction of law enforcement, the informant made arrangements to conduct a controlled purchase of heroin from ROGERS. On April 18, 2017, the informant purchased approximately 2 grams of heroin from ROGERS in exchange for $600 in United States currency. 

On June 21, 2017, ROGERS was subsequently arrested and the defendant admitted to selling heroin to the CI.  

The New Hanover County Sheriff’s Office and the FBI conducted the criminal investigation of this case.  Assistant United States Attorney Bradford Knott handled the prosecution of this case for the government. At the sentencing, Judge Dever highlighted, among other reasons, ROGERS’ persistent involvement in drug trafficking as a motivating factor for the sentence imposed.

Dominican National Sentenced for Identity Theft

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BOSTON – A Dominican national was sentenced today in federal court in Boston for stealing the identity of a U.S. citizen from Puerto Rico. 

Jhonny Emilio Pimentel Aybar, 35, a Dominican national who previously resided in Everett, was sentenced by U.S. District Court Judge Leo T. Sorokin to 25 months in prison and three years of supervised release. Pimentel Aybar will be subject to deportation upon completion of his sentence. In November 2017, Pimentel Aybar pleaded guilty to three counts of misuse of a Social Security number and three counts of aggravated identity theft.

From at least August 2012 to August 2014, Aybar used a stolen identity to register as a Level 3 sex offender with the Everett Police Department. Aybar has been required to register as a Level 3 offender since his 2008 conviction in Essex County Superior Court for indecent assault and battery on a child under 14.

United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant United States Attorney Anne Paruti of Lelling’s Major Crimes Unit prosecuted the case.


Norwich Man Sentenced to More Than 8 Years in Federal Prison for Gun and Drug Offenses

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John H. Durham, United States Attorney for the District of Connecticut, announced that RAMAEL ARTIS, also known as “Rah,” 36, of Norwich, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 106 months imprisonment, followed by five years of supervised release, for gun and drug offenses.

According to court documents and statements made in court, on March 15, 2016, a court-authorized search of ARTIS’ Norwich apartment revealed approximately 50 grams of heroin, a quantity of cocaine, and items used to process and package narcotics for street sale.

The investigation revealed that between July 2015 and March 2016, ARTIS obtained four handguns by trading heroin for each firearm.

ARTIS has been detained since his arrest on March 15, 2016.  On October 4, 2017, he pleaded guilty to one count of possession with intent to distribute heroin, and one count of possession of a firearm in furtherance of a drug trafficking crime.

ARTIS’s criminal history includes felony convictions for firearm, narcotics, robbery and larceny offenses.

This investigation was conducted by the FBI’s Northern Connecticut Safe Streets Task Force, and the Town of Groton, Norwich and Waterford Police Departments.  The case was prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.

Virginia Man Indicted on Charges in 2017 Vehicular Attack on Police and Transit Worker

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            WASHINGTON – Brandon Figures-Mormon, 24, of Disputanta, Virginia, was indicted today on felony charges accusing him of using his vehicle to assault two uniformed Metropolitan Police Department officers and one District of Columbia Department of Transportation worker, with the intent to kill, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            Figures-Mormon was indicted by a grand jury in the Superior Court of the District of Columbia on three counts of assault with intent to kill while armed, three counts of aggravated assault while armed, two counts of felony assault on a police officer while armed, and related charges.  He remains held pending trial and is expected to be arraigned on Feb. 16, 2018.  If convicted of the charges, he faces a maximum sentence of 90 years of incarceration.

            According to the government’s evidence, on June 8, 2017, shortly before 9 p.m., Figures-Mormon entered a white Dodge Ram pickup truck parked on the 2300 block of 18th Street NW, near the intersection of 18th Street NW and Belmont Road NW.  Figures-Mormon allegedly drove at a high rate of speed up the median on 18th Street NW toward Columbia Road NW.  According to the government’s evidence, Figures-Mormon drove at and struck the three victims, who were working in the median.  As onlookers rushed to the victims’ aid, Figures-Mormon allegedly sped through the intersection with Columbia Road and proceeded onto Adams Mill Road NW before crashing into a parked sanitation truck.  Figures-Mormon was found in the driver’s seat of the truck and was later arrested on scene.

            The victims, who sustained serious injuries after being hit by the speeding truck, were rushed to local hospitals.  All three survived the assault.

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

            In announcing the indictment, U.S. Attorney Liu and Chief Newsham commended the work of the Metropolitan Police Department, particularly the detectives of the Major Case/Cold Case Unit. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Computer Forensic Examiner John Marsh, Victim/Witness Advocate James Brennan, and Paralegal Specialist Tiffany Fogle.

            Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Natasha Smalky and John B. Timmer, who are investigating and prosecuting the case with assistance from Assistant U.S. Attorney Jennifer Kerkhoff.

Pittsburgh Felon Charged with Illegally Possessing a Gun with an Obliterated Serial Number

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PITTSBURGH – A federal grand jury has returned a superseding indictment charging a resident of Pittsburgh with violations of federal firearms laws, United States Attorney Scott W. Brady announced today.

The two-count superseding indictment, returned on February 6, named Nazim Burton, age 41, of Pittsburgh, Pennsylvania, as the sole defendant.

According to the superseding indictment, on June 24, 2017, Burton illegally possessed a firearm with an altered or obliterated serial number. Burton has previously been convicted of a felony, and is prohibited from possessing a firearm.

For possessing a firearm as a convicted felon, the law provides for a minimum mandatory sentence of 15 years up to a maximum of life in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pittsburgh Bureau of Police conducted the investigation leading to the indictment in this case.

Assistant United States Attorney Timothy Lanni is prosecuting this case on behalf of the government.

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.

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

Removed Alien Charged with Illegally Re-entering United States

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PITTSBURGH - An illegal alien found in Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of illegal re-entry after deportation, United States Attorney Scott W. Brady announced today.

The one-count indictment, returned on February 6, named Juan Garcia-Cabrera, age 37, of Mexico, as the sole defendant.

According to the indictment presented to the court, Juan Garcia-Cabrera, an illegal alien, was formally removed from the United States by United States Immigration and Customs Enforcement on July 6, 2007. Juan Garcia-Cabrera was found to be illegally present in Pittsburgh, Pennsylvania, on January 11, 2018.

The law provides for a maximum total sentence of two years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney James R. Wilson is prosecuting this case on behalf of the government.

The U.S. Immigration and Customs Enforcement/Homeland Security Investigations 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.

Two Pittsburgh Men Charged in Fentanyl Trafficking Scheme, One Also Facing Gun Charges

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PITTSBURGH – Two residents of Pittsburgh’s North Side have been indicted by a federal grand jury in Pittsburgh and charged with violations of federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.

The five-count indictment, returned on February 6 and unsealed today, named the defendants as Davon Stevens, age 24, and Demetrius Mitchell-Yarbrough, age 24, both of Pittsburgh, Pennsylvania.

According to the indictment, on or about July 28, 2017, Stevens and Mitchell-Yarbrough conspired to possess with the intent to distribute and distribute quantities of cyclopropyl fentanyl, acetyfentanyl and fentanyl. On that same day, both defendants are also charged with possession with intent to distribute those same drugs. Individually, Mitchell-Yarbrough is charged with possession of a firearm as a convicted felon, and possession of that firearm in furtherance of a drug trafficking crime. Federal law prohibits a felon from possessing a firearm.

For the drug charges, the law provides for a maximum total sentence of 20 years in prison and a fine of $1,000,000. Mitchell-Yarbrough faces a maximum total sentence on the firearms charges of not less than five years and up to life in prison, a fine of $250,000, 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.

Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force conducted the investigation leading to the indictment in this case. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, West Mifflin Police Department, and Pennsylvania Attorney General’s Office.

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

Northside Felon Charged with Illegally Possessing a Gun and Ammunition

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PITTSBURGH – An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on charges of federal firearm violations, United States Attorney Scott W. Brady announced today.

The two-count indictment, returned on February 6, named Ambrose J. Sample, II, age 37, as the sole defendant.

According to the indictment, on or about June 17, 2017, Ambrose J. Sample, II, a convicted felon, was in possession of a firearm and ammunition. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition.

The law provides for a maximum total sentence at each count of not more than 10 years in prison, a fine of $250,000, 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 of the defendant.

Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pittsburgh Bureau of Police 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.

Tennessee Resident, Last Defendant Sentenced In Methamphetamine Ring Operating In Barren County, Kentucky

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BOWLING GREEN, Ky. – The last defendants in a methamphetamine conspiracy operating out of Barren County, Kentucky, was sentenced in United States District Court this week, by United States District Judge Greg N. Stivers, to 60 months in prison for the sale of 6.5 kilograms of methamphetamine announced United States Attorney Russell M. Coleman. There is no parole in the federal system.

“Meth and those who trade in that poison are no respecter of lives.” stated U.S. Attorney Russell Coleman. “Incarcerating its dealers and diminishing its supply are critical to protecting Western Kentucky families and our Commonwealth.”

Andrea Parks, 37, of Robertson County, Tennessee, was charged by grand jury indictment with co-defendants Teresa Lynn Jackson, 47, Danny Ray Delplane, 46, and Christopher Lynn Thomason, 47, from Glasgow, Kentucky, and Eddie Joe Simpson, 47, of Bowling Green, Kentucky. The defendants were charged with conspiracy to possess with intent to distribute 50 grams or more of meth.

According to information presented in court, Parks supplied nearly 11 pounds of meth to Jackson, for distribution in Barren County. Specifically, between May 1, 2015, and October 29, 2015, Jackson would travel to Tennessee to receive meth from Parks, then distribute it to Thomason, Delplane, and Simpson. During that time period, law enforcement made five recorded controlled buys from Jackson. During this time period, Parks directly supplied Jackson with 1.5 and 5 kilograms of meth.

Further, Jackson was charged as being a convicted felon in possession of firearms. She was sentenced to 156 months in prison followed by a five year term of supervised release. Thomason was sentenced to 57 months in prison, Delplane was sentenced to 33 months in prison, and Simpson was sentenced to 46 months in prison. All were sentenced in United States District Court in Bowling Green, by District Judge Stivers.

 This case was prosecuted by Assistant United States Attorney Mac Shannon and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Evidence from Parks et al. case

 


Two Palm Beach County Residents Sentenced to Prison for Identity Theft Scheme

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Jean Germain, 24, of West Palm Beach, was sentenced to 134 months in prison, to be followed by three years of supervised release, and was ordered to pay restitution in the amount of $1,129,809. Richekad Jean, 26, of Belle Glade, was sentenced to 57 months in prison, to be followed by three years of supervised release, and was ordered to pay restitution in the amount of $250,234. 

Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement. 

Defendants Germain and Jean previously pled guilty to one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349; one count of wire fraud, in violation of Title 18, United States Code, Section 1343; one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1); and one count of theft of government funds, in violation of Title 18, United States Code, Section 641.

According to court documents, the defendants used personally identifiable information (PII) of real persons, including names, dates of birth, and Social Security numbers, to file false federal income tax returns with the IRS. The defendants opened personal bank accounts and purchased prepaid debit cards to receive the fraudulent federal income tax refunds. The defendants registered the pre-paid debit cards not in their own names, but in the names of the persons whose PII was obtained without authorization, to hide and conceal the conspirators' involvement. After the fraudulent IRS refunds were sent to the bank accounts or to the prepaid debit card accounts, the defendants withdrew the funds at automatic teller machines (ATMs) or used bank debit cards and pre-paid debit cards tied to the different accounts containing the stolen monies. Court documents showed the defendants tried to steal more than $2,000,000 from the United States.

Co-defendants Auberson Paul, 24, of West Palm Beach, and Nigel Simmonds, 25, of Port St. Lucie, were each sentenced to time served.

Mr. Greenberg commended the investigative efforts of IRS-CI. This case was prosecuted by Assistant United States Attorney Stephen Carlton.

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

Jasper School District Employee Pleads Guilty to $145,000 Embezzlement Scheme

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SPRINGFIELD, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that an employee of the Jasper R-5 School District pleaded guilty in federal court today to embezzling more than $145,000 from the district.

Karla Justice, also known as Karla Jessee, 55, of Columbus, Kan., waived her right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to a federal information that charges her with one count of wire fraud and one count of credit card fraud.

Justice was employed as the head bookkeeper, payroll secretary, superintendent secretary, and board secretary for the Jasper R-5 School District from 2009 until her resignation on Sept. 22, 2016. Justice’s positions with the school district gave her unrestricted access to the account and payroll systems for the school district, as well as the district’s petty cash checkbook and signatory authority for this account. Justice essentially had unlimited access to every aspect of the account and human resources functions for the district.

By pleading guilty today, Justice admitted that she embezzled a total of $145,726 from the school district from September 2013 to September 2016.

Justice admitted that she paid herself $80,858 in additional payroll above and beyond the amount allowed under her employment contract. As a result of the fraudulently received payroll, Justice also received an additional $6,731 in employer retirement contributions and $6,530 in Social Security and Medicare contributions that she would not have received otherwise.

The investigation also discovered numerous transactions involving the petty cash account, including checks and E-checks that totaled $13,929 in transactions that were conducted by Justice to pay for personal expenses that were unrelated to the activities of the district, and were not authorized by the district.

Justice also opened and used a Home Depot credit card in the name of the district, without authority or the approval of any district official. Justice used the fraudulently opened Home Depot credit card to conduct several personal purchases between Jan. 6 and Sept. 1, 2016, totaling $2,133.

The investigation revealed numerous checks that had been written on the operating account for the district. Justice did not have authority to write checks to this account but she did have access to the signature stamps for school officials, who did have signatory authority over this account. Several district employees informed investigators that Justice repeatedly asked them to cash checks for her. School officials told investigators that each of the checks discovered during the investigation were fraudulently created and Justice’s request that other employees cash these checks and give her the money was done to bypass safety measures created to prevent employees from directly cashing checks made out to themselves.

According to today’s plea agreement, school officials began analyzing the district’s budget when the district experienced financial difficulties. During this analysis, officials noted irregularities in payroll payments, unexplained credit card payments, and missing monies from the petty cash account. When asked to reconcile the irregularities, Justice immediately wrote out a letter of resignation.
 
Under federal statutes, Justice is subject to a sentence of up to 35 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the U.S. Secret Service and the Jasper County, Mo., Sheriff’s Department.
 

TEXAS WOMAN SENTENCED FOR MULTI-STATE IDENTITY THEFT SPREE

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St. Louis, MO – Heidi Jones was sentenced to 45 months in prison to be followed by 3 years supervised release and $92,401.20 in restitution to 11 different victims.

Jones admitted to using multiple identities and to obtaining goods and services using counterfeit credit cards in California, Illinois and Missouri during 2017.

Jones, 33, of Arlington, TX, pled guilty in November to three felony counts of using a counterfeit access device and one count of aggravated identity theft.  She appeared today for sentencing in front of U.S. District Judge Stephen N. Limbaugh, Jr.

The case was investigated by the Walnut Creek (California) Police Department, the Arnold Police Department and the U.S. Postal Inspection Service.  Assistant United States Attorney Jennifer Roy is prosecuting the case for the U.S. Attorney’s Office.

Former Pharmaceutical Employee Sentenced to 15 Months in Prison for Role in Scheme to Obtain Medically Unnecessary Prescription Compounded Medication

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NEWARK, N.J. – A former pharmaceutical employee was sentenced today to 15 months in prison for accepting thousands of dollars in exchange for filling medically unnecessary prescriptions for compounded medications for herself and her husband, causing losses of $956,885, U.S. Attorney Craig Carpenito announced.

Julie Andresen, 40, of Haddonfield, New Jersey, previously pleaded guilty before U.S. District Judge John Michael Vazquez to an information charging her with conspiracy to commit health care fraud. Judge Vazquez imposed the sentence today in Newark federal court.

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

Andresen, a former employee of a New Jersey pharmaceutical company, admitted that from September 2014 through September 2015, she would receive payments from a marketing business identified in the information as “Company A” in return for filling and obtaining medically unnecessary prescription compounded medications for herself and her husband through the New Jersey pharmaceutical company’s prescription drug benefit plan.

Andresen approached a physician identified in the information as “Physician-1,” who was Andresen’s close friend, at social gatherings. Andresen would provide Physician-1 with preprinted prescription forms listing various compounded medications. Andresen requested that Physician-1 authorize certain compounded medications for her and her husband, such as scar creams and metabolic supplements. Physician-1 did authorize the prescriptions and multiple refills.

Andresen faxed prescriptions for the compounded scar creams and metabolic supplements authorized by Physician-1 to various compounding pharmacies designated by Company A that were located outside of New Jersey. The compounding pharmacies would fill and bill Andresen’s prescription drug benefit plan for the compounded prescriptions. The New Jersey pharmaceutical company’s prescription drug benefit plan reimbursed the compounding pharmacies anywhere between $13,572 and $43,689 for each compounded medication Andresen and her husband received.

The compounding pharmacies would then pay Company A an agreed upon percentage of the reimbursement amount. Company A would pay Andresen an agreed upon percentage of the amount Company A received from the compounding pharmacies. Andresen also requested multiple refills of her and her husband’s prescriptions, and received monetary payment for the refills as well. Altogether, Andresen received $161,378 from Company A for her role in the conspiracy. The New Jersey pharmaceutical company lost $956,885 from this scheme.

In addition to the prison term, Judge Vazquez sentenced Andresen to three years of supervised release, ordered her to pay restitution of $956,885 and to forfeit $161,378.

On June 29, 2016, Stephanie Naar, 28, of St. Louis, Missouri, who had been an employee of the same New Jersey pharmaceutical company as Andresen, pleaded guilty before Judge Vazquez and admitted to accepting thousands of dollars in exchange for obtaining and filling her own medically unnecessary prescriptions for compounded medications.

On July 19, 2016, Peter Pappas, 45, of Drexel Hill, Pennsylvania, another former employee of the same New Jersey pharmaceutical company as Andresen, also pleaded guilty before Judge Vazquez and admitted to accepting thousands of dollars in exchange for obtaining and filling his own medically unnecessary prescriptions for compounded medications. Pappas also admitted to recruiting others into this scheme to defraud.

Naar and Pappas are awaiting sentencing.

U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; and U.S. Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Leigh-Alistair Barzey, with the ongoing investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Erica Liu of the United States Attorney’s Office, Health Care and Government Fraud Unit in Newark.

The New Jersey U.S. Attorney’s Office reorganized its health care fraud practice in 2010 and created a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since that time, the office has recovered more than $1.38 billion in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.

Black Hawk Man Sentenced for Attempted Enticement of a Minor Using the Internet

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United States Attorney Ron Parsons announced that a Black Hawk, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on February 5, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Nathan William Juhala, age 66, was sentenced to 10 years of imprisonment and 5 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Juhala was charged on February 22, 2017. The charge relates to Juhala responding to an ad on Craiglist and communicating with someone he believed to be a 15 year-old girl, who was actually an undercover law enforcement agent, for the purpose of engaging in sexual acts.

This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Juhala was immediately remanded to the custody of the United States Marshals Service.

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