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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Luis Matias, of Buffalo, 27, with possessing with intent to distribute; and distributing, butyryl fentanyl and crack cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the indictment and a previously filed complaint, in July 2017, law enforcement officers developed information that the defendant was distributing large quantities of butyryl fentanyl in the Buffalo area. During the investigation, a confidential source and undercover officers were used to conduct controlled purchases from Matias. 

The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The indictment is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police, under the direction of Major Edward Kennedy; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

Earlier today, in federal court in Brooklyn, a complaint was unsealed charging Victor Kingsley, a Brooklyn resident, with using a weapon of mass destruction that resulted in the death of a Queens resident in July 2017, and with the unlawful transportation of explosive materials.  Kingsley used the explosive device in an apparent effort to target New York City Police Department (NYPD) officers.  Kingsley is scheduled to make his initial appearance tomorrow afternoon at the federal courthouse in Brooklyn before United States Magistrate Judge Vera M. Scanlon. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York; John C. Demers, Assistant Attorney General for the National Security Division; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and James P. O’Neill, Commissioner, NYPD, announced the charges.

“As alleged in the complaint, Kingsley used an improvised explosive device in an attempt to target an NYPD officer, and he killed an innocent civilian in the process,” stated United States Attorney Donoghue.  “This Office and our law enforcement partners will use every tool at our disposal to bring to justice those who endanger the community through acts of senseless violence.”  Mr. Donoghue extended his grateful appreciation to the FBI’s Joint Terrorism Task Force (JTTF), which comprises a large number of federal, state and local agencies from the region, the NYPD and the Queen’s County District Attorney’s Office.

 “There is no place in civil society for the spreading of fear through intimidation, violence and destruction,” stated FBI Assistant Director-in-Charge Sweeney.  “I commend the work of the joint FBI-NYPD investigative team for its determination and complete collaboration in bringing this accused criminal to justice.”

“Kingsley’s cowardly act was meant to target a New York City Police Officer for doing his job and resulted in the tragic death of an unintended victim,” said Police Commissioner O’Neill. “This was a case where the NYPD Detective Bureau, Intelligence Bureau, and FBI/NYPD Joint Terrorist Task Force combined their expertise and unique talents to find a needle in a haystack—the clues that would lead to the identification of a bomber who went to great lengths to remain hidden.”

As alleged in the complaint, Kingsley built the explosive device used in the July 28, 2017 murder as part of his broader effort to retaliate violently against several police officers who were part of an NYPD unit that had arrested him in January 2014.  Despite the case against him having eventually been dismissed, Kingsley methodically sought revenge against the officers.  He conducted internet searches and made telephone calls to determine the locations of the officers’ residences.  He also accumulated explosive device components via online purchases made through Amazon, which he had delivered to his house in Brooklyn.  Ultimately, he arranged for the explosive device to be placed outside of the Queens residence where Kingsley mistakenly believed one of his target officers resided.  The building owner inadvertently detonated the device when he tried to open it, and he died as a result of his injuries.

Thereafter, Kingsley continued to acquire explosive device parts.  According to Amazon purchase records, he placed additional orders for explosive device components as recently as earlier this month.

If convicted, Kingsley could face a maximum sentence of life in prison.  The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

The government’s case is being prosecuted by the office’s National Security & Cybercrime Section.  Assistant United States Attorney Margaret Lee is in charge of the prosecution with assistance from Trial Attorney Jacqueline L. Barkett of the Counterterrorism Section of the National Security Division.

The Defendant:

Victor C. Kingsley
Age: 37
Brooklyn, New York

PITTSBURGH – A former resident of New Castle, Pennsylvania, pleaded guilty in federal court to robbery charges, United States Attorney Scott W. Brady announced today.

Eric Barbati, age 32, pleaded guilty to four counts of Hobbs Act robbery and two counts of bank robbery before United States District Judge David Cercone.

In connection with the guilty plea, the court was advised that Eric Barbati robbed four convenience stores and two banks over a three-week period across Lawrence County, PA. Barbati committed the following convenience store robberies:

- August 26, 2017 – BFS Foods Convenience Store, New Castle, PA

- August 31, 2017 – Red Apple Convenience Store, New Castle, PA

- September 4, 2017 – Market 24 Convenience Store, New Castle, PA

- September 17, 2017 – Market 24 Convenience Store, New Castle, PA

In each robbery, Barbati approached the teller at the store while holding a Mountain Dew bottle. When the teller went to give Barbati change for his purchase, Barbati would forcefully take money from the drawer or the entire cash drawer and flee from the store.

Barbati also robbed the PNC Bank in Hermitage, PA on September 5, 2017 and the Huntington Bank in New Wilmington, PA on September 11, 2017. At the PNC Bank robbery, Barbati approached the teller and stated, "This is a robbery, place all your money on the counter," and then received approximately $2,702 in U.S. currency before fleeing the bank. At the Huntington Bank robbery, Barbati passed a note to the teller stating, "This is a robbery, put all your money on the counter," then received approximately $1,641 in U.S. currency before fleeing the bank.

Judge Cercone scheduled sentencing for July 23, 2018. The law provides for a maximum sentence of up to 20 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 record, 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, the Hermitage Police Department, the New Wilmington Borough Police Department, the New Castle Police Department, and the Neshannock Township Police Department conducted the investigation leading to the guilty plea in this case.

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Benjamin Thomas Samuel McDowell, age 30, of Conway, South Carolina, pled guilty in federal court in Florence, South Carolina.  McDowell pled guilty to being a felon in possession of a firearm and ammunition, a violation of Title 18, United States Code, Section 922(g).  United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentences after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the guilty plea hearing established that the FBI became aware of McDowell’s escalating white supremacist views on social media where McDowell advocated violence against non-whites and even expressed admiration for Dylann Roof and the extreme acts of violence perpetrated by him.  Of particular concern to the FBI were McDowell’s comments regarding a particular Jewish Synagogue which implied that this place of worship might be a possible target of violence.  McDowell also used social media to communicate an interest in acquiring a gun.  In response the FBI arranged for an undercover agent posing as a member of a white supremacist organization to become acquainted with McDowell for the purpose of determining the nature of his white supremacist leanings and whether McDowell intended to carry out any acts of violence. 

McDowell and the undercover agent engaged in multiple recorded conversations during which McDowell reaffirmed his respect for Dylann Roof and spoke generally about committing acts of violence against people of the Jewish and Muslim faiths.  McDowell also repeated his desire to obtain a gun.  While McDowell never revealed any specific plan to attack a particular location or victim, he did express a general desire to use the gun to commit acts of violence.  During further conversations with the undercover FBI agent, McDowell eventually specified that he wanted a .40 caliber Glock pistol and .40 caliber hollow-point ammunition.  The agent was able to set up a controlled sale of a .40 caliber pistol and ammunition to McDowell to take place on February 15, 2017.  The FBI provided the agent with a .40 caliber Glock which had been rendered “inert” by having the firing pin shaved down so that the gun could not fire.  On February 15, the agent met with McDowell and sold him the inert .40 caliber pistol and hollow-point ammunition for $109.  Soon thereafter McDowell was arrested in the parking lot of a hotel in Myrtle Beach during which the pistol and ammunition were recovered from a bag McDowell was carrying.  During a post-arrest interview McDowell admitted to agents that he had purchased the gun and ammunition.

Prior to February 15, 2017, McDowell had been convicted of a felony which prohibits him from possessing a firearm or ammunition.                                  

Ms. Drake stated the maximum penalty McDowell can receive is imprisonment for 10 years and a fine of $250,000.00. 

The case was investigated by agents of the FBI with the assistance of the Horry County Police Department, the Myrtle Beach Police Department and the Horry County Sheriff’s Office.  Assistant United States Attorney A. Bradley Parham of the Florence office is prosecuting the case.

#####
 

PITTSBURGH - One Michigan resident and one New Jersey resident have been indicted by a federal grand jury in Pittsburgh on a charge of conspiracy, United States Attorney Scott W. Brady announced today.

The one-count indictment named Michael Cox, 42, of Beverly Hills, Michigan, and Michael Stashchyshyn, 55, of Cedar Knolls, New Jersey, as defendants.

According to the indictment, Cox and Stashchyshyn conspired with others to export night sighting equipment, firearms and ammunition to Ukraine without the requisite license issued by the State Department. The items were purchased in the United States by Cox and others, and shipped to Stashchyshyn who owns a freight forwarder business in Parsippany, New Jersey. Stashchyshyn then shipped the items to an individual in Ukraine in violation of U.S. law and regulations. The items shipped are contained on the Federal Munitions List and are controlled by the International Traffic in Arms (ITAR) regulations. They are illegal to ship without a license from the State Department, which the defendants and their co-conspirators did not have.

The law provides for a maximum total sentence of five 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 Attorneys Charles A. Eberle and Shardul Desai are prosecuting this case on behalf of the government.

U.S. Immigration and Customs Enforcement/Homeland Security Investigations and the United States Postal Inspection Service 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.

            WASHINGTON – The Department of Justice today announced the indictment of Michael Ron David Kadar, 19, who holds dual United States and Israeli citizenship, in three jurisdictions for hate crimes and other offenses.

            The indictment from Florida charges Kadar with hate crimes as a result of threatening calls he made to Jewish Community Centers in the state. In addition, the indictment from the District of Columbia charges Kadar with threatening the Israeli Embassy and the Anti-Defamation League in Washington, D.C. The third indictment charges Kadar with cyberstalking and conveying false information to police dispatch regarding harm to private residents in Georgia.

            An investigation into numerous threats made to individuals and organizations throughout the United States in 2016 and early 2017 led to Kadar being charged initially in criminal complaints on April 21, 2017 in Florida and Georgia following his arrest in Israel. Kadar remains in custody in Israel where he also faces charges.

            The indictment from the Middle District of Florida charges that beginning on or about Jan. 4, 2017, and continuing until Feb. 27, 2017, Kadar made multiple threatening calls involving bomb threats and active shooter threats to numerous Jewish Community Centers throughout Florida. Additionally, the indictment charges Kadar with attempting to obstruct the free exercise of religion at the Jewish Community Centers when he made the bomb threats and active shooter threats. Finally, the indictment charges that Kadar made bomb threats to the Orlando International Airport and a middle school in the Middle District of Florida. Although no actual explosives were found, many of the calls resulted in the temporary closure and evacuation or lockdown of the targeted facilities, and required law enforcement and emergency personnel to respond to and clear the area. 

            The indictment from the District of Columbia charges that on or about March 7, 2017, Kadar made a threatening call to the Anti-Defamation League involving a bomb threat. Additionally, the indictment alleges that on or about March 9, 2017, Kadar sent a threatening email to the Israeli Embassy involving a bomb threat.

            The indictment from the Middle District of Georgia charges that on or about Jan. 3, 2017, Kadar made a phone call to a police department conveying false information about an alleged hostage situation in progress at a private residence in Athens, Georgia, which included a threat to kill responding police officers. Police and emergency personnel responded to the scene, only to learn that there was no emergency.

            The hate crime charges each carry a maximum penalty of 20 years imprisonment, the bomb threats charges each carry a maximum penalty of 10 years imprisonment, and the interstate threats charge, the hoax charge, and the cyberstalking charge each carry a maximum penalty of five years imprisonment. If convicted, Kadar could also be subject to court ordered restitution.

            “When individuals target victims of their crimes based on who they are, what they believe, or how they worship, they target the bedrock principles on which our nation was founded,” said Attorney General Jeff Sessions. “These alleged threats of violence instilled fear in the Jewish community and other communities across the country, and it is the Justice Department’s duty to make sure all Americans can live their lives without this type of fear.”

            “These alleged threats were very real for those individuals who were evacuated, for the first responders who quickly mobilized to get people out of harm’s way, and for those in Jewish communities across the United States who felt targeted and unsafe,” said FBI Director Christopher Wray. “This indictment demonstrates the FBI’s commitment to working together with our partners to protect the safety and civil rights of all Americans, and shows that we will not stand by as someone threatens our communities based on their religion or their beliefs.”

            “Threats, intimidation, or violence perpetrated against anyone because of their beliefs, their faith, or how they choose to worship is intolerable,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “Individuals should be free to exercise these rights without fear. We will continue to use our resources to enforce these precious rights for all individuals.”

            “The indictment returned today in the District of Columbia is part of a broader nationwide fight against hate, terror, and threats in all of their forms,” said U.S. Attorney Jessie K. Liu for the District of Columbia. “The charges also reflect the tireless dedication of the DOJ, the FBI, and our local and international partners to rooting out and prosecuting those who would terrorize our communities.”

            “Hiding behind anonymous phone calls to threaten innocent citizens is cowardly and dangerous,” said U.S. Attorney Charles E. Peeler for the Middle District of Georgia. “The calls that this defendant allegedly made harassed innocent victims, endangered first responders and the victims themselves, and needlessly consumed law enforcement resources vital to protecting our communities.”

            This case was investigated by the FBI Tampa Division, FBI Washington Field Office, and FBI Atlanta Division; the U.S. Attorney’s Office for the Middle District of Florida; the U.S. Attorney’s Office for the District of Columbia; U.S. Attorney’s Office for the Middle District of Georgia; the Computer Crime and Intellectual Property Section of the Justice Department’s Criminal Division; and the Criminal Section of the Justice Department’s Civil Rights Division. The Criminal Division’s Office of International Affairs provided significant assistance in this case. Federal authorities also acknowledge and appreciate the assistance and the investigative efforts of the Israeli National Police.

            An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.

A man who was manufacturing methamphetamine on his relative’s property was sentenced today to more than seven years in federal prison.

Jason Tooley, age 35, most recently from Lowden, Iowa, and originally from Kentucky, received the prison term after a September 28, 2017, guilty plea to one count of attempt to manufacture methamphetamine.

Information presented at the sentencing hearing showed that in October 2016, Tooley had absconded from state probation.  Tooley’s cousin permitted him to live in a shed on her property in Lowden, Iowa.  The shed was next to the cousin’s house where her two young children also lived.  On October 25, 2016, a deputy sheriff with the Cedar County Sheriff’s Office was investigating a stolen license plate.  The deputy saw the license plate on Tooley’s car, which was parked by the shed.  When Tooley saw the deputy, he locked the shed and fled into the nearby woods.  Deputies returned later and arrested Tooley.  On October 26, 2017, deputies executed a search warrant for Tooley’s car and shed and recovered methamphetamine, chemical by-products from the “one-pot” methamphetamine manufacturing process, and various other materials for manufacturing methamphetamine.  Tooley had been purchasing pseudoephedrine for manufacturing methamphetamine for several years, continuing up until the time of his arrest.

Tooley was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  He was sentenced to 85 months’ imprisonment.  Tooley must also serve a six-year term of supervised release after the prison term.  There is no parole in the federal system.

Tooley is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Special Assistant United States Attorney Drew O. Inman and investigated by Cedar County Sheriff’s Office, the Muscatine County Drug Task Force, and the Iowa Division of Narcotics Enforcement.

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

The case file number is 17-CR-62.

Follow us on Twitter @USAO_NDIA.

BEAUMONT, Texas - A 43-year-old Port Arthur, Texas man has been sentenced to federal prison for firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Robert Lee Johnson, Jr., pleaded guilty on Oct. 31, 2017, to being a felon in possession of a firearm and was sentenced to 44 months in federal prison today by U.S. District Judge Ron Clark.

            According to information presented in court, on Feb. 22, 2016, law enforcement officers executed a search warrant at Johnson’s residence on 5^th Avenue in Port Arthur.  During the execution of the warrant, officers discovered drug paraphernalia, a digital scale, Johnson’s prisoner identification card, ammunition, and a loaded semi-automatic handgun.  Further investigation revealed Johnson was a convicted felon, having been previously found guilty of numerous felony offenses, including multiple convictions for possession of cocaine.  As a convicted felon, Johnson is prohibited from owning or possessing firearms or ammunition. Johnson was indicted by a federal grand jury on Aug. 10, 2017 and charged with federal firearms violations.

This case was prosecuted as part of Project Safe Neighborhoods, aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.

            This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Port Arthur Police Department, and the Jefferson County Crime Lab.  This case was prosecuted by Assistant U.S. Attorney Randall L. Fluke.

BEAUMONT, Texas - A 29-year-old Beaumont, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Gerardo Federico Rodriguez pleaded guilty on July 10, 2017, to possession with intent to distribute methamphetamine and was sentenced to 120 months in federal prison today by U.S. District Judge Marcia Crone.

                According to information presented in court, on Jan. 27, 2017, law enforcement officers executed a search warrant at Rodriguez’s residence on West Lynwood in Beaumont.  During the execution of the warrant, officers discovered a loaded semi-automatic handgun on a table in plain view along with a ledger reflecting drug transactions of over $30,000.  At another location in the home, officers located a backpack containing another loaded handgun and a bag of methamphetamine.  A television in a bedroom displayed a video surveillance feed of the property.  Additional firearms, as well as methamphetamine and cocaine were located in the garage.  Rodriguez was indicted by a federal grand jury on Mar. 1, 2017 and charged with drug trafficking violations. 

This case was prosecuted as part of Project Safe Neighborhoods, aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.

                This case was investigated by the U.S. Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Beaumont Police Department, and prosecuted by Assistant U.S. Attorney Randall L. Fluke.

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SAN DIEGO – Eleven federal indictments unsealed in San Diego today charge 36 defendants with heroin, methamphetamine and firearms trafficking, in many cases within feet of North County schools.

The crackdown announced today is the latest in a series of efforts by the Department of Justice to turn the tide of the opioid epidemic and reduce the inevitable violent crime that accompanies widespread drug trafficking.

Early this morning, more than 100 members of the North County Regional Gang Task Force, the FBI SWAT team, plus other law enforcement agencies made numerous arrests and, both today and during the course of the investigation, searched more than a dozen locations in Oceanside, Vista, San Marcos, and elsewhere in North County.

As of today at noon, 23 of the thirty-six defendants are either in federal or state custody. Twenty one were arrested this week, including 18 this morning; the rest were already in custody. Authorities are continuing to search for 13 defendants. Many of the defendants are scheduled to be arraigned before U.S. Magistrate Judge Mitchell D. Dembin at 2:00 p.m. today and tomorrow.

These yearlong investigations involved months of federal wiretaps, dozens of undercover drug and gun buys and extensive surveillance. Many of the defendants are documented members or associates of violent North County street gangs operating out of Encinitas, San Marcos, Oceanside, Vista, Carlsbad, Escondido, and elsewhere. Many of these gang have long-standing ties to the Mexican Mafia. In total, authorities seized heroin, methamphetamine and fentanyl and firearms, including a semi-automatic pistol, revolvers, and a two AR-15 style assault rifles.   

These drugs and guns were being stored and sold in North County neighborhoods, including near Libby Lake Park and across the street from several schools – Jefferson Middle School, Clair W. Burgener Academy, Mission Elementary School, San Marcos High School, and Joli Ann Leichtag Elementary School.

“We have a special resolve to go after gangs that have the audacity to operate on the boundaries of our schools, where children play and learn,” said U.S. Attorney Adam L. Braverman. “The gangs are always on our radar, but when they endanger our most precious and vulnerable population – our children - we will act decisively.”

Through one investigation, the gang task force targeted major heroin and methamphetamine distribution cells led by North County street gang members. This investigation was initiated in the fall of 2016 after two gang-related homicides in North County. Anticipating additional violence, the gang task force set forth a plan to dismantle gang-related drug trafficking and violence in North County. As part of this investigation, the gang task force targeted Adrian Gomez, aka “Bandit,” a known Carlsbad gang member, methamphetamine distributor, and felon, who was found in possession of ammunition and a semi-automatic pistol.

The gang task force also targeted Theresa Lapolla, who was found in possession of over 100 grams of heroin at her home, located less than 700 feet from three Oceanside schools. She was charged with possession with intent to distribute over 100 grams of heroin within 1000 feet of a school — a charge that doubles the maximum punishment to 80 years in prison.

This investigation also targeted Robert Gonzalez, aka “Sleepy,” a Carlsbad gang member living in Oceanside’s Posole neighborhood. Months of federal wiretaps showed that Gonzalez was a prolific heroin and methamphetamine distributor who controlled drug sales in that neighborhood, which is a Posole territory located off the I-5 freeway and Highway 76 in Oceanside. In fact, Gonzalez sold narcotics every single day of the roughly three-month wiretap on his telephones. Gonzalez did so by working with multiple gang members and associates to distribute drugs to dozens of customers in and around Oceanside. Gonzalez typically met with his customers and sub-distributors in the parking lots of Wal-Mart, Harbor Freight, Mission Donuts, Burger King, El Super, and a local methadone clinic, all within Oceanside. 

Another investigation by the gang task force targeted Encinitas Flats gang member Colin Jones as a high-volume heroin and methamphetamine dealer throughout North County. On June 8, 2017, Jones was arrested after investigators learned through electronic surveillance that he had a loaded AR-style assault rifle in his vehicle. Agents located him at the Pala Indian Casino with the rifle on his front passenger seat and additional ammunition and heroin in the car. Jones is charged with conspiracy to import heroin, conspiracy to distribute methamphetamine and heroin and felon in possession of ammunition.

Jones and his co-conspirators are accused of distributing narcotics in a variety of locations, including near schools. For example, according to court documents, Jones met with a San Marcos gang member at an Albertson’s across the street from San Marcos High School in late April to conduct a narcotics transaction.  At other times, Jones and other co-conspirators operated out of a large private parcel of land directly across from Joli Ann Leichtag Elementary School in Vista.

According to court documents, some of the drugs in these investigations were obtained in Tijuana, Mexico, and then North County Gang members used unsanitary methods to sneak heroin and methamphetamine across the border: They repeatedly smuggled small quantities of narcotics in body cavities, via pedestrian lanes at the San Ysidro and Otay Mesa border crossings. Because of the method the conspirators used to smuggle drugs into the United States, which limited the amount that could be smuggled at a given time, Jones would travel to Mexico approximately every five days to replenish his supply of narcotics.  Between October 7, 2016 and June 4, 2017 (four days before Jones was arrested in this case), Jones crossed from Mexico into the United States approximately 38 times, with the most recent being on June 4, 2017.  Jones typically crossed late at night via the pedestrian lanes.

“The FBI and our law enforcement partners at the North County Regional Gang Task Force won’t accept when gang activity coupled with drugs, firearms and violence infests our communities,” said FBI Special Agent in Charge John A. Brown.  “The FBI will continue to pursue violent gang members and work tirelessly with our law enforcement partners to keep our communities safe.”

“The Oceanside Police Department supports the efforts of the San Diego County Gang Task Force, Federal Bureau of Investigation and the U.S. Attorney’s Office in identifying, arresting and prosecuting those that sell and distribute drugs and advocate violence,” said Oceanside Police Chief Frank McCoy.

“This investigation illustrates that these violent street gangs will not prosper in our communities”, says DEA San Diego Acting Special Agent in Charge Steve Woodland.  “With the cooperation of all law enforcement agencies involved, these offenders are now off the streets.”

U.S. Attorney Braverman praised the task force for the coordinated team effort in the culmination of this investigation. Agents and officers from the Federal Bureau of Investigation, San Diego County Sheriff’s Office, Oceanside Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, the California Department of Corrections and Rehabilitation, Bureau of Prisons, Homeland Security Investigations, U.S. Marshals Service, California Highway Patrol, and the Escondido and Carlsbad Police Departments collaborated on this investigation. Attorneys from the Department of Justice, Office of Enforcement Operations, Electronic Surveillance Unit, also provided critical assistance to the investigation. 

This case is also the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.

The United States is represented in court by Assistant U.S. Attorneys Kevin Mokhtari, Janaki S. Gandhi and Matthew J. Sutton.

Defendant Information

DEFENDANT                                                                     Criminal Case No: 17CR1791-JLS

SUMMARY OF CHARGES

Felon in Possession of Ammunition (Title 21, U.S.C., Sec. 922(g)(1));
Conspiracy to Distribute Methamphetamine and Heroin (Title 21, U.S.C., Secs. 841(a)(1), 846);
Conspiracy to Import Heroin (Title 21, U.S.C, Secs. 952, 960, 963).

Maximum Penalties: For heroin charges: 40 years in prison with a mandatory minimum sentence of 5 years, and a $5 million fine. For methamphetamine charge: life in prison with a mandatory minimum sentence of 10 years, and a $10 million fine.  For firearms charges: 10 years’ in prison, and a $250,000 fine.

DEFENDANTS                                                                  Criminal Case No: 18CR0872-JLS

SUMMARY OF CHARGES

Conspiracy to Distribute Heroin and Methamphetamine (Title 21, U.S.C., Secs. 841(a)(1) and 846); Importation of Heroin (Title 21, U.S.C. Secs. 952 and 960). 

Maximum Penalties: For the conspiracy charge, life in prison with a mandatory minimum sentence of 10 years and a $10 million fine. For the importation of heroin charges, 20 years in prison and a $1 million fine.

DEFENDANTS                                                      Criminal Case No: 18CR0873-JLS

SUMMARY OF CHARGES

Conspiracy to Import Heroin and Methamphetamine (Title 21, U.S.C., Secs. 952, 960, 963);

Importation of Heroin and Methamphetamine (Title 21, U.S.C., Secs. 952, 960).

Maximum Penalties: For conspiracy charge: life in prison with a mandatory minimum sentence of 10 years and a $10 million fine. For importation charges, one charge carries a maximum 40 years in prison, with a mandatory minimum of 5 years, and $5 million fine; the other two charges carry a maximum 20 years in prison and $1 million fine.

DEFENDANT                                                          Criminal Case No: 18CR0874-JLS

SUMMARY OF CHARGES

Use of a Communication Device in Drug-Trafficking Offense (Title 21, U.S.C., Sect. 843(b))

Maximum Penalties: 4 years in prison, $250,000 fine

DEFENDANT                                                          Criminal Case No: 18CR1006-JAH

SUMMARY OF CHARGES

Distribution of Heroin, in violation of Title 21, U.S.C., Sec. 841(a)(1).

Maximum Penalties: 20 years in prison and a $1 million fine.

DEFENDANT                                                          Criminal Case No: 18CR1007-JAH

SUMMARY OF CHARGES

Felon in Possession of Ammunition and Firearm, in violation of Title 18, U.S.C., Sec. 922(g).

Maximum Penalties: 10 years in prison and a $250,000 fine.

DEFENDANTS                                                       Criminal Case No: 18CR1008-JAH

SUMMARY OF CHARGES

Conspiracy to Distribute Heroin, in violation of Title 21, U.S.C., Secs. 841(a)(1) and 846.

Maximum Penalties: 40 years in prison with a mandatory minimum sentence of 5 years and a $5 million dollar fine.

DEFENDANT                                                          Criminal Case No: 18CR1009-JAH

SUMMARY OF CHARGES

Distribution of Heroin, in violation of Title 21, U.S.C., Sec. 841(a)(1).

Maximum Penalties: 20 years in prison and a $1 million fine.

DEFENDANT                                                          Criminal Case No: 18CR1010-JAH

SUMMARY OF CHARGES

Possession with Intent to Distribute Heroin Within 1000 Feet of a School, in violation of Title 21, U.S.C., Secs. 841(a)(1) and 860.

Maximum Penalties: 80 years in prison with a mandatory minimum sentence of 5 years and a $10 million fine.

DEFENDANT                                                          Criminal Case No: 18CR1011-JAH

SUMMARY OF CHARGES

Distribution of Methamphetamine, in violation of Title 21, U.S.C., Sec. 841(a)(1).

Maximum Penalties: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.

DEFENDANTS                                                       Criminal Case No: 18CR1012-JAH

SUMMARY OF CHARGES

Conspiracy to Distribute Methamphetamine in violation of Title 21, U.S.C., Secs. 841(a)(1) and 846;

Distribution of Methamphetamine, in violation of Title 21, U.S.C., Sec. 841(a)(1).

Maximum Penalties: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.

 DEFENDANT                                                         Criminal Case No: 18CR1013-JAH

SUMMARY OF CHARGES

Distribution of Methamphetamine, in violation of Title 21, U.S.C., Sec. 841(a)(1).

Maximum Penalties: 40 years in prison with a mandatory minimum sentence of 5 years and a $5 million fine.

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.

AGENCIES

North County Regional Gang Task Force, which includes the Federal Bureau of Investigation, San Diego County Sheriff’s Office, Oceanside Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, the California Department of Corrections and Rehabilitation, Bureau of Prisons, Homeland Security Investigations, U.S. Marshals Service, California Highway Patrol, and the Escondido and Carlsbad Police Departments.

SOUTH BEND – Branden Furnari, 31, of South Bend, Indiana was charged with possession of a firearm (destructive device) not registered in the National Firearms Registration Record. 

According to documents in this case, Furnari was arrested after allegedly selling destructive devices to an undercover law enforcement officer.  Furnari explained in detail how to assemble the components using the “Det cord” and “Blasting caps” which was all provided in the transaction for $800 dollars to the undercover officer.

U.S. Attorney Kirsch, “My office will continue to aggressively prosecute violations of federal firearms laws.”

The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

This case is being investigated by the ATF with the assistance of the South Bend Police Department.  This case is being handled by Assistant U.S. Attorney Jesse Barrett.

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PEORIA, Ill. - A Pekin, Ill., man has been ordered to serve 24 months in federal prison for defrauding an elderly victim of his life savings over a two-year period. U.S. District Judge Joe Billy McDade today sentenced Deryl Wright, 42, of the 1400 block of Camden St., to the prison term and ordered that Wright pay restitution in the amount of $100,585 to the victim. Wright has been in the custody of the U.S. Marshals Service since his arrest on Oct. 2, 2017.

In an announcement on Feb. 22, 2018, the U.S. Attorney’s Office cited Wright’s case among more than 250 defendants in a nationwide elder fraud sweep by the Department of Justice. The Department has made prosecuting fraud schemes that target the elderly a key priority.

On Nov. 22, 2017, Wright entered pleas of guilty to charges that he defrauded an elderly, vulnerable victim under the premise that Wright’s father had died and he was to inherit a large sum of money. From 2015 to April 2017, Wright told the victim that he needed to borrow money to receive the inheritance check and that he would pay back the victim from the inheritance money. In fact, Wright had no such inheritance check; rather, the money he obtained from the victim was used to support his lifestyle and for his personal benefit.

The Pekin Police Department investigated the charges. Assistant U.S. Attorney Katherine G. Legge prosecuted the case in the Peoria Division of the U.S. Attorney’s Office for the Central District of Illinois.

Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov. 

BEAUMONT, Texas — A 45-year-old Kountze, Texas man has been sentenced to 10 years in federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

John Edward Burns pleaded guilty on Aug. 16, 2017 to enticement of a minor to engage in sexual activity and was sentenced to 120 months in federal prison today by U.S. District Judge Marcia Crone. 

According to information presented in court, on July 17, 2017, Burns began a conversation through social media and a mobile messaging application with a person he believed to be a 15-year-old female, but was actually an undercover investigator.  During the course of the conversation, Burns attempted to persuade the child to send him nude photos of herself.  Burns further made plans to meet the child and take her to a Tyler, Texas motel and engage in sexual intercourse.  Burns was arrested on July 19, 2017 at a Beaumont park when he arrived to meet the person he believed to be a minor female.   

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

This case was investigated by the HSI-ICE, the Beaumont Police Department and the Texas Attorney General and prosecuted by Assistant U.S. Attorney Christopher T. Tortorice.

SHREVEPORT, La. –United StatesAttorney Alexander C. Van Hook announced today that a Bossier City man was sentenced to 12 years in prison, with two years suspended, for driving drunk and crashing his car into bollards guarding a gate at Barksdale Air Force Base.

Leandrew Smith, 56, of Bossier City, La., was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of driving while intoxicated-fourth offense. He was also sentenced to three years of supervised release. On May 20, 2017, Smith drove his vehicle into bollards blocking the West Gate at Barksdale Air Force Base on May 20, 2017.  The bollards, which were completely destroyed, caused Smith’s vehicle to go airborne before stopping.  Security Forces Airmen rushed to the crash and asked Smith if he needed medical attention, which he declined. Smith’s breath smelled of alcohol, and Smith told Security Forces he had drank a beer. A half-full 40-ounce beer bottle was found on the back floorboard. Smith tried to get out of his car and fell down. Smith was unable to complete field sobriety tests other than the horizontal gaze nystagmus test, which he failed.  He also passed out while Security Forces Airmen transported him to Security Forces headquarters where his blood alcohol concentration registered more than three times the legal limit at .295 percent. Smith has three prior convictions for driving while intoxicated in the last 10 years, including two in 2013 in Caddo Parish Court and one in 2015 in Shreveport City Court. 

The FBI and the 2^nd Security Forces Squadron of Barksdale Air Force Base conducted the investigation.  Assistant U.S. Attorney Mike O’Mara prosecuted the case.

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SAN DIEGO – Eleven federal indictments unsealed in San Diego today charge 37 defendants with heroin, methamphetamine and firearms trafficking, in many cases within feet of North County schools.

The crackdown announced today is the latest in a series of efforts by the Department of Justice to turn the tide of the opioid epidemic and reduce the inevitable violent crime that accompanies widespread drug trafficking.

Early this morning, more than 100 members of the North County Regional Gang Task Force, the FBI SWAT team, plus other law enforcement agencies made numerous arrests and, both today and during the course of the investigation, searched more than a dozen locations in Oceanside, Vista, San Marcos, and elsewhere in North County.

As of today at noon, 27 of the 37 defendants are either in federal or state custody. Twenty one were arrested this week, including 18 this morning; the rest were already in custody. Authorities are continuing to search for 10 defendants. Many of the defendants are scheduled to be arraigned before U.S. Magistrate Judge Mitchell D. Dembin at 2:00 p.m. today and tomorrow.

These yearlong investigations involved months of federal wiretaps, dozens of undercover drug and gun buys and extensive surveillance. Many of the defendants are documented members or associates of violent North County street gangs operating out of Encinitas, San Marcos, Oceanside, Vista, Carlsbad, Escondido, and elsewhere. Many of these gang have long-standing ties to the Mexican Mafia. In total, authorities seized heroin, methamphetamine and fentanyl and firearms, including a semi-automatic pistol, revolvers, and a two AR-15 style assault rifles.   

These drugs and guns were being stored and sold in North County neighborhoods, including near Libby Lake Park and across the street from several schools – Jefferson Middle School, Clair W. Burgener Academy, Mission Elementary School, San Marcos High School, and Joli Ann Leichtag Elementary School.

“We have a special resolve to go after gangs that have the audacity to operate on the boundaries of our schools, where children play and learn,” said U.S. Attorney Adam L. Braverman. “The gangs are always on our radar, but when they endanger our most precious and vulnerable population – our children - we will act decisively.”

Through one investigation, the gang task force targeted major heroin and methamphetamine distribution cells led by North County street gang members. This investigation was initiated in the fall of 2016 after two gang-related homicides in North County. Anticipating additional violence, the gang task force set forth a plan to dismantle gang-related drug trafficking and violence in North County. As part of this investigation, the gang task force targeted Adrian Gomez, aka “Bandit,” a known Carlsbad gang member, methamphetamine distributor, and felon, who was found in possession of ammunition and a semi-automatic pistol.

The gang task force also targeted Theresa Lapolla, who was found in possession of over 100 grams of heroin at her home, located less than 700 feet from three Oceanside schools. She was charged with possession with intent to distribute over 100 grams of heroin within 1000 feet of a school — a charge that doubles the maximum punishment to 80 years in prison.

This investigation also targeted Robert Gonzalez, aka “Sleepy,” a Carlsbad gang member living in Oceanside’s Posole neighborhood. Months of federal wiretaps showed that Gonzalez was a prolific heroin and methamphetamine distributor who controlled drug sales in that neighborhood, which is a Posole territory located off the I-5 freeway and Highway 76 in Oceanside. In fact, Gonzalez sold narcotics every single day of the roughly three-month wiretap on his telephones. Gonzalez did so by working with multiple gang members and associates to distribute drugs to dozens of customers in and around Oceanside. Gonzalez typically met with his customers and sub-distributors in the parking lots of Wal-Mart, Harbor Freight, Mission Donuts, Burger King, El Super, and a local methadone clinic, all within Oceanside. 

Another investigation by the gang task force targeted Encinitas Flats gang member Colin Jones as a high-volume heroin and methamphetamine dealer throughout North County. On June 8, 2017, Jones was arrested after investigators learned through electronic surveillance that he had a loaded AR-style assault rifle in his vehicle. Agents located him at the Pala Indian Casino with the rifle on his front passenger seat and additional ammunition and heroin in the car. Jones is charged with conspiracy to import heroin, conspiracy to distribute methamphetamine and heroin and felon in possession of ammunition.

Jones and his co-conspirators are accused of distributing narcotics in a variety of locations, including near schools. For example, according to court documents, Jones met with a San Marcos gang member at an Albertson’s across the street from San Marcos High School in late April to conduct a narcotics transaction.  At other times, Jones and other co-conspirators operated out of a large private parcel of land directly across from Joli Ann Leichtag Elementary School in Vista.

According to court documents, some of the drugs in these investigations were obtained in Tijuana, Mexico, and then North County Gang members used unsanitary methods to sneak heroin and methamphetamine across the border: They repeatedly smuggled small quantities of narcotics in body cavities, via pedestrian lanes at the San Ysidro and Otay Mesa border crossings. Because of the method the conspirators used to smuggle drugs into the United States, which limited the amount that could be smuggled at a given time, Jones would travel to Mexico approximately every five days to replenish his supply of narcotics.  Between October 7, 2016 and June 4, 2017 (four days before Jones was arrested in this case), Jones crossed from Mexico into the United States approximately 38 times, with the most recent being on June 4, 2017.  Jones typically crossed late at night via the pedestrian lanes.

“The FBI and our law enforcement partners at the North County Regional Gang Task Force won’t accept when gang activity coupled with drugs, firearms and violence infests our communities,” said FBI Special Agent in Charge John A. Brown.  “The FBI will continue to pursue violent gang members and work tirelessly with our law enforcement partners to keep our communities safe.”

“The Oceanside Police Department supports the efforts of the San Diego County Gang Task Force, Federal Bureau of Investigation and the U.S. Attorney’s Office in identifying, arresting and prosecuting those that sell and distribute drugs and advocate violence,” said Oceanside Police Chief Frank McCoy.

“This investigation illustrates that these violent street gangs will not prosper in our communities”, says DEA San Diego Acting Special Agent in Charge Steve Woodland.  “With the cooperation of all law enforcement agencies involved, these offenders are now off the streets.”

U.S. Attorney Braverman praised the task force for the coordinated team effort in the culmination of this investigation. Agents and officers from the Federal Bureau of Investigation, San Diego County Sheriff’s Office, Oceanside Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, the California Department of Corrections and Rehabilitation, Bureau of Prisons, Homeland Security Investigations, U.S. Marshals Service, California Highway Patrol, and the Escondido and Carlsbad Police Departments collaborated on this investigation. Attorneys from the Department of Justice, Office of Enforcement Operations, Electronic Surveillance Unit, also provided critical assistance to the investigation. 

This case is also the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.

The United States is represented in court by Assistant U.S. Attorneys Kevin Mokhtari, Janaki S. Gandhi and Matthew J. Sutton.

Defendant Information

DEFENDANT                                                                     Criminal Case No: 17CR1791-JLS

SUMMARY OF CHARGES

Felon in Possession of Ammunition (Title 21, U.S.C., Sec. 922(g)(1));
Conspiracy to Distribute Methamphetamine and Heroin (Title 21, U.S.C., Secs. 841(a)(1), 846);
Conspiracy to Import Heroin (Title 21, U.S.C, Secs. 952, 960, 963).

Maximum Penalties: For heroin charges: 40 years in prison with a mandatory minimum sentence of 5 years, and a $5 million fine. For methamphetamine charge: life in prison with a mandatory minimum sentence of 10 years, and a $10 million fine.  For firearms charges: 10 years’ in prison, and a $250,000 fine.

DEFENDANTS                                                                  Criminal Case No: 18CR0872-JLS

SUMMARY OF CHARGES

Conspiracy to Distribute Heroin and Methamphetamine (Title 21, U.S.C., Secs. 841(a)(1) and 846); Importation of Heroin (Title 21, U.S.C. Secs. 952 and 960). 

Maximum Penalties: For the conspiracy charge, life in prison with a mandatory minimum sentence of 10 years and a $10 million fine. For the importation of heroin charges, 20 years in prison and a $1 million fine.

DEFENDANTS                                                      Criminal Case No: 18CR0873-JLS

SUMMARY OF CHARGES

Conspiracy to Import Heroin and Methamphetamine (Title 21, U.S.C., Secs. 952, 960, 963);

Importation of Heroin and Methamphetamine (Title 21, U.S.C., Secs. 952, 960).

Maximum Penalties: For conspiracy charge: life in prison with a mandatory minimum sentence of 10 years and a $10 million fine. For importation charges, one charge carries a maximum 40 years in prison, with a mandatory minimum of 5 years, and $5 million fine; the other two charges carry a maximum 20 years in prison and $1 million fine.

DEFENDANT                                                          Criminal Case No: 18CR0874-JLS

SUMMARY OF CHARGES

Use of a Communication Device in Drug-Trafficking Offense (Title 21, U.S.C., Sect. 843(b))

Maximum Penalties: 4 years in prison, $250,000 fine

DEFENDANT                                                          Criminal Case No: 18CR1006-JAH

SUMMARY OF CHARGES

Distribution of Heroin, in violation of Title 21, U.S.C., Sec. 841(a)(1).

Maximum Penalties: 20 years in prison and a $1 million fine.

DEFENDANT                                                          Criminal Case No: 18CR1007-JAH

SUMMARY OF CHARGES

Felon in Possession of Ammunition and Firearm, in violation of Title 18, U.S.C., Sec. 922(g).

Maximum Penalties: 10 years in prison and a $250,000 fine.

DEFENDANTS                                                       Criminal Case No: 18CR1008-JAH

SUMMARY OF CHARGES

Conspiracy to Distribute Heroin, in violation of Title 21, U.S.C., Secs. 841(a)(1) and 846.

Maximum Penalties: 40 years in prison with a mandatory minimum sentence of 5 years and a $5 million dollar fine.

DEFENDANT                                                          Criminal Case No: 18CR1009-JAH

SUMMARY OF CHARGES

Distribution of Heroin, in violation of Title 21, U.S.C., Sec. 841(a)(1).

Maximum Penalties: 20 years in prison and a $1 million fine.

DEFENDANT                                                          Criminal Case No: 18CR1010-JAH

SUMMARY OF CHARGES

Possession with Intent to Distribute Heroin Within 1000 Feet of a School, in violation of Title 21, U.S.C., Secs. 841(a)(1) and 860.

Maximum Penalties: 80 years in prison with a mandatory minimum sentence of 5 years and a $10 million fine.

DEFENDANT                                                          Criminal Case No: 18CR1011-JAH

SUMMARY OF CHARGES

Distribution of Methamphetamine, in violation of Title 21, U.S.C., Sec. 841(a)(1).

Maximum Penalties: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.

DEFENDANTS                                                       Criminal Case No: 18CR1012-JAH

SUMMARY OF CHARGES

Conspiracy to Distribute Methamphetamine in violation of Title 21, U.S.C., Secs. 841(a)(1) and 846;

Distribution of Methamphetamine, in violation of Title 21, U.S.C., Sec. 841(a)(1).

Maximum Penalties: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.

 DEFENDANT                                                         Criminal Case No: 18CR1013-JAH

SUMMARY OF CHARGES

Distribution of Methamphetamine, in violation of Title 21, U.S.C., Sec. 841(a)(1).

Maximum Penalties: 40 years in prison with a mandatory minimum sentence of 5 years and a $5 million fine.

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.

AGENCIES

North County Regional Gang Task Force, which includes the Federal Bureau of Investigation, San Diego County Sheriff’s Office, Oceanside Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, the California Department of Corrections and Rehabilitation, Bureau of Prisons, Homeland Security Investigations, U.S. Marshals Service, California Highway Patrol, and the Escondido and Carlsbad Police Departments.

United States Attorney Brandon J. Fremin announced that a federal jury unanimously convicted DEARIEUS DUHEART, age 34, of Baton Rouge, Louisiana, of possessing with the intent to distribute marijuana, in violation of Title 21, United States Code, Section 841, following a trial before visiting U.S. District Judge Lance M. Africk.  The jury acquitted the defendant on two gun-related charges.  As a result of his conviction, the defendant faces a term of imprisonment, a term of supervised release following imprisonment, forfeiture of assets, and a fine. 

The evidence at trial reflected that law enforcement discovered the defendant, Jornell Keelen, and Derrick Keelen in a residence, sitting at a table, with packaged marijuana and a gun in close proximity.  All three have now been convicted based on that discovery, with Jornell Keelen and Derrick Keelen having plead guilty before trial. 

U.S. Attorney Fremin stated, “Individuals who represent a clear and present danger to the people of this community will be prioritized for federal investigation and prosecution on whatever charges are available and appropriate.  Such individuals should be on notice that federal, state, and local authorities are working closely together, and with members of the community and other partners, to identify and neutralize the small number of people who threaten our peace and security.  I applaud the tremendous efforts of the ATF, BRPD, and our prosecutors and staff who handled this important matter.”

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Baton Rouge City Police Department.  The case was prosecuted by Assistant United States Attorneys Rene Salomon and Cal Leipold.

LITTLE ROCK—Cody Hiland, United States Attorney for the Eastern District of Arkansas, announced today that United States District Court Judge Kristine G. Baker sentenced Elbert Harris, 58, of Pine Bluff, to federal prison for his role in a widespread scheme to steal money intended for feeding children in low income areas in Arkansas.

Judge Baker sentenced Harris, who pleaded guilty to conspiring to commit wire fraud on October 10, 2017, to 33 months’ imprisonment, to be followed by three years of supervised release. Harris was also ordered to pay $1,084,130.13 in restitution and to forfeit property he bought with money he acquired during the scheme.

The United States Department of Agriculture (USDA) feeding programs in Arkansas are administered through the Arkansas Department of Human Services (DHS). Sponsors who want to participate in the feeding programs must submit an application to DHS for approval. After they are approved, they can provide meals as part of the feeding programs and they are reimbursed for the eligible meals they serve.

Harris was a sponsor for a feeding program through an organization called “Greater Faith Ministries.” Harris had 14 approved feeding site locations, which were located in Pine Bluff, Altheimer, and Wabbaseka. Harris submitted fraudulent claims to DHS, claiming to have fed many more children than were actually fed, and then DHS would reimburse him for that amount. Harris submitted claims of up to 165 children per day at some of his feeding sites, but fewer than 20 children were actually fed at these locations.

Harris is the 16th defendant sentenced who was charged in connection with a scheme to fraudulently obtain USDA program funds intended to feed children in low income areas. Other defendants include: Kattie Jordan (63 months imprisonment on March 15, 2016); Reuben Nims (21 months imprisonment on November 2, 2016); Tonique Hatton (108 months’ imprisonment on January 4, 2017); James Franklin (24 months’ imprisonment on January 10, 2017); Maria Nelson, (30 months’ imprisonment on January 31, 2017); Michael Lee (30 months’ imprisonment on May 1, 2017); Christopher Nichols (3 years’ probation on May 16, 2017); Gladys Waits (108 months’ imprisonment on July 17, 2017); Alexis Young (18 months’ imprisonment on August 18, 2017); Erica Warren (18 months’ imprisonment on August 18, 2017); Francine Leon (34 months imprisonment on September 21, 2017); Anthony Waits (175 months’ imprisonment on October 20, 2017); Jacqueline Mills (150 months imprisonment on December 6, 2017); Dorothy Harper (33 months imprisonment on January 9, 2018); and ); and Waymon Weeams (15 months imprisonment on February 15, 2018).

Debora Washington was indicted on conspiracy and fraud charges related to this scheme on February 1, 2018, and is awaiting a jury trial in front of United States District Judge J. Leon Holmes. Also, Nigel Hall has pleaded guilty to conspiracy to commit wire fraud in relation to the same feeding programs and is awaiting sentencing before Judge Holmes at a later date.

The investigation is still ongoing and continues to be conducted by the USDA–Office of Inspector General, IRS–Criminal Investigations, and the FBI. The case is being prosecuted by Assistant United States Attorneys Jana Harris, Allison W. Bragg, and Cameron McCree.

If you are aware of any fraudulent activity regarding feeding programs, please email that information to USAARE.FeedingProgramFraud@usdoj.gov.

BILLINGS - The United States Attorney’s Office announced today that Frank Banks was sentenced to 30 months in prison, two years of supervised release, and a $200 special assessment.  U.S. District Judge Susan P. Watters presided over the hearing.   

Banks previously entered a plea of guilty to a two-count indictment charging him being a felon in possession of a firearm and ammunition.  On November 23, 2015, law enforcement was notified that Banks was standing outside the Manor Apartments in Glendive and he was holding a gun.  During a December 2015 search of Banks’ apartment law enforcement found a Hi-Point, model C9, 9mm Luger semi-automatic pistol in his bedroom.  Officers also found a box of 9mm ammunition inside the apartment and six rounds of ammunition in Banks’ pocket.  Banks is prohibited from possessing a firearm from a previous felony conviction from the state of Washington. 

In a sentencing memorandum filed in federal court, federal prosecutors noted, “Banks has been involved in the criminal justice system since the age of 18; he is now 59 years old.  Banks has a lengthy criminal history, with a number of violent offenses.”  In arguing for a sentence to promote a respect for the law and provide adequate deterrence, it continued, “The government has a strong interest in protecting the public and restricting improper access to firearms.”  In a letter filed with the district court, Banks acknowledged that he “became guilty of these charges weeks before that incident” and that he was guilty as soon the gun was “brought into our home.”

The Banks case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, in conjunction with Glendive Police Department and other federal, state, and local agencies. 

The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana.  A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime.  Today’s sentencing is part of the Project Safe Neighborhoods program.

SAN JOSE – Julian Ruiz was sentenced today to 210 months in prison for his role in a racketeering conspiracy and for using or possessing firearms in furtherance of a crime of violence, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett.  The sentence was handed down earlier today by the Honorable Lucy H. Koh, U.S. District Judge.

On December 6, 2017, Ruiz, 29, of Salinas, pleaded guilty to two counts of racketeering conspiracy; using or possessing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A); and aiding and abetting the use or possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A) and 2.  According to the plea agreement, Ruiz admitted to being a member of the Norteño street gang clique known as “East Las Casitas” or “ELC” since at least 2006.  Along with other Norteño cliques in Salinas, the ELC committed acts of violence for the benefit of the gang including murder, attempted murder, and robbery.  Among other acts of violence, members of ELC sought to attack and kill members of rival Sureño gangs, as well as members of other rival gangs.

The racketeering-related attempted murders to which Ruiz pleaded guilty took place over a one-month period in 2009.  On September 15, 2009, Ruiz was in a car hunting for Sureños to shoot, and spotted a suspected Sureño on a bicycle in front of an apartment complex.  Ruiz used a handgun to fire multiple shots at the suspected Sureño as he fled on foot.  A few weeks later, on October 3, 2009, Ruiz participated in the attempted murder of a rival gang member from the Fremont gang.  After learning that an ELC hang out was shot into, and suspecting the shooting was done by Fremont gang members, Ruiz agreed to shoot at and attempted to kill additional Fremont gang members.  Ruiz went to the home of a Fremont gang member, kicked the front door open, and opened fire at two Fremont gang members inside.  Ruiz shot one victim in the stomach and shoulder and the other victim in the left arm.  

On October 28, 2015, a grand jury charged Ruiz with one count of racketeering conspiracy, in violation of 18 U.S.C. § 1962(d); one count of conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5); one count of conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(6); and one count of use of firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A) and 2.  Pursuant to his plea agreement, Ruiz pleaded guilty to one of the racketeering charges and the firearms charge. The investigation leading to the indictment was part of the FBI’s crackdown on Norteño gangs in Monterey County.

In addition to the prison term, Judge Koh also sentenced Ruiz to a five-year period of supervised release, to commence after Ruiz completes his prison sentence.  Ruiz has been in federal custody since December 1, 2015, and will begin serving his sentence immediately.

Assistant U.S. Attorneys Kimberly Hopkins, Christiaan Highsmith, and Stephen Meyer are prosecuting the case with the assistance of Nina Burney Williams, Adria Trgovich, and Lance Libatique.  The prosecution is the result of an investigation by the FBI and Salinas Police Department.
 

United States Attorney Gregory G. Brooker today announced the sentencing of HASSAN OSMAN, 52, to 108 months in prison for conspiracy, tax fraud and failing to appear on the day of trial. OSMAN was found guilty on September 21, 2017, following a four-day trial, on one count of conspiracy, 13 counts of aiding and assisting in the preparation of a false tax return, and one count of unlawful flight from prosecution. OSMAN was sentenced earlier today before Senior Judge David S. Doty in U.S. District Court in Minneapolis, Minn.

“Mr. Osman and his co-conspirators viewed the IRS not as a tax collection agency, but a way to generate illicit revenue. They filed 100 fraudulent tax returns claiming nearly $1 million in fraudulent tax refunds,” said Assistant U.S. Attorney Joe Thompson. “Today’s sentence underscores the seriousness of Mr. Osman’s crimes and his complete lack of remorse for his actions.”

“As we are in the midst of tax filing season, those who might consider preparing false tax returns should be aware of the extremely negative consequences as evidenced by the 108 month sentencing today of Hassan Osman,” said Hubbard Burgess, Acting Special Agent in Charge of the St. Paul Field Office. “Today's sentencing of Mr. Osman again emphasizes that IRS Criminal Investigation and the U.S. Attorney’s Office will continue their aggressive pursuit of those who would attempt to defraud America's tax system.”

As proven at trial, between January 2008 and April 2011, OSMAN and his co-conspirators devised and carried out a tax fraud scheme by filing false federal income tax returns claiming fraudulent refunds. OSMAN and his co-conspirators prepared fraudulent tax returns using fake W-2s created in the name of several front companies. Most of the returns were filed electronically, either from coffee shops or from a business in south Minneapolis owned by OSMAN. The resulting refunds were split among OSMAN and his co-conspirators. Often times, the fraudulent refunds were deposited onto prepaid debit cards and sent to addresses controlled by OSMAN or his co-conspirators. During the course of the conspiracy, OSMAN and his co-conspirators filed more than 90 income tax returns claiming approximately $1,012,877 in fraudulent tax refunds.

As proven at trial, OSMAN was arrested on April 17, 2015 and was later released on bond pending trial. On July 28, 2015, when OSMAN failed to appear for a court ordered pretrial conference, a warrant was issued for his arrest. On April 14, 2016, OSMAN was arrested in Toronto, Canada and later extradited back to the United States to face trial.

This case is the result of an investigation conducted by the Criminal Investigation Division of the IRS.

This case was prosecuted by Assistant U.S. Attorneys Joseph H. Thompson and Michelle E. Jones.

Defendant Information:

HASSAN OSMAN, 52

Minneapolis, Minn.

Convicted:

• Conspiracy, 1 count
• Aiding and assisting in the preparation of a false tax return, 13 counts
• Failure to appear, 1 count

Sentenced:

• 108 months in prison
• Three years of supervised release
• $394,120.14 in restitution

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