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Jamestown Man Sentenced On Drug Charge

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that Barrett Johnson, 34, of Jamestown, NY, who was convicted of possession with intent to distribute MDA, also known as “Molly,” a Scheduled I controlled substance, was sentenced to 30 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that the defendant sold MDA on multiple occasions, at locations which included Johnson’s barbershop. The defendant would purchase “Molly” from co-defendant Richard Clarke and, in turn, sell the “Molly” to others, including co-defendant Joshua Castro. 

Co-defendants Joshua Castro and Richard Clarke have also been convicted.

Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police, and Toronto Police Services.


New York City Correction Department Investigator Convicted of Transporting, Receiving and Possessing Child Pornography

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A federal jury in Central Islip returned a guilty verdict today against Fernando Clarke, an investigator with the New York City Correction Department, on seven counts of transportation, receipt and possession of child pornography.  Clarke faces a minimum penalty of five years in prison and a fine of $250,000, when he is sentenced by United States District Judge Arthur D. Spatt on April 13, 2018.  Clarke remains in custody.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, and Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI), New York, announced the verdict.

“As a sworn law enforcement officer, Clarke had a mandatory obligation to report child abuse,” stated United States Attorney Donoghue. “Instead, he downloaded images of the rape and abuse of children for his personal use.  We will be vigilant in holding accountable law enforcement officers who violate their oaths.”  Mr. Donoghue extended his grateful appreciation to HSI; the New York City Department of Investigation, Inspector General, Board of Correction; the Department of Justice Criminal Division’s Child Exploitation and Obscenity Section (“CEOS”) and High Technology Investigative Unit (“HTIU”), for their assistance in this case.

“By trafficking in images depicting the sexual abuse and exploitation of numerous children, Fernando Clarke added to the demand that fuels the creation and dissemination of these horrific images,” said Acting Assistant Attorney General Cronan.  “The diligent efforts of our investigative partners helped ensure that this former corrections investigator, who violated the public’s trust in law enforcement, was brought to justice.”

 “Clarke downloaded videos of children being sexually abused,” stated HSI Special Agent-in-Charge Melendez.  “It is unfathomable that anyone, especially someone working in law enforcement, could be capable of such an act.  Clarke will face the consequences of his reprehensible actions, and it is because of individuals like him that HSI will continue to work tirelessly, dedicating extensive resources, to investigating child exploitation cases in New York and around the country.”

According to court filings and evidence introduced at trial, Clarke downloaded video files of the sexual abuse of preteen children, which he kept on computer equipment in his home.  During a court-ordered search of his home on July 28, 2015, Clarke initially claimed that he was downloading child pornography in connection with his employment as a Correction Department investigator.  Clarke admitted at the time of the search, however, that he had not been authorized to access or download child pornography for his employment.  Clarke was arrested at the time of the search and subsequently suspended from the Corrections Department.

The government’s case is being prosecuted by Assistant United States Attorney Allen L. Bode of the Long Island Criminal Division and Department of Justice Trial Attorney Lauren Kupersmith.

The Defendant:

FERNANDO CLARKE
Age:  64
East Meadow, New York

E.D.N.Y. Docket No. 15-CR-426(S-1) (ADS)(AKT)

Lockport Man Pleads Guilty To Child Pornography Charge

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sterling Jones, 24, of Lockport, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on March 31, 2017, the defendant possessed 295 videos and 11 images of child pornography. These videos and images were on the cellular telephone and were stored by the defendant in his DropBox online storage account. Over 600 images of child pornography were recovered from Jones’ cellular telephone and some of the images included prepubescent minors and depictions of violence.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.

Sentencing is scheduled for June 11, 2018, at 10:00 a.m. before Judge Vilardo.

Kadoka Woman Sentenced for Wire Fraud

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United States Attorney Ron Parsons announced that a Kadoka, South Dakota, woman convicted of Wire Fraud was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Tammy Twiss, a/k/a Tammy Eisenbraun, age 39, was sentenced on March 1, 2018, to 2 months in custody, followed by 3 years of supervised release to include 4 months of home confinement, $12,061.33 in restitution, and a $100 special assessment to the Federal Crime Victims Fund

Twiss was indicted for the charge by a federal grand jury on November 16, 2016.  The charge related to Twiss using her ex-husband’s name, along with his parents’ banking information, to conduct fraudulent wire transfers.  Twiss electronically withdrew in excess of $20,000 from her ex-in-laws’ bank account in 2016.

This case was investigated by the U.S Postal Service.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

Twiss must self-surrender to the custody of the U.S. Marshals Service on March 15, 2018.

Topeka man Sentenced For Distributing Child Porn

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TOPEKA, KAN. – A Topeka man was sentenced Monday to 105 months in federal prison for distributing child pornography, U.S. Attorney Stephen McAllister said.

Jeremy M. Schwerdt, 41, Topeka, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted using the internet to send child pornography to another user. Investigators found 350 images and eight videos containing sexually explicit images of children on Schwerdt’s electronic devices.

This case was prosecuted under the Justice Department’s Project Safe Childhood initiative. McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.

Rapid City Man Sentenced for Attempted Transfer of Obscene Material to a Minor

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United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Transfer of Obscene Material to a Minor was sentenced on March 2, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Cody Two Lance, age 35, was sentenced to 21 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Two Lance was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls or boys obtained through the Internet.  The conviction stemmed from Two Lance communicating with someone he believed to be a minor for the purpose of engaging in sexual acts and sending pornographic images of himself to the minor.

The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.

Two Lance was immediately remanded to the custody of the U.S. Marshals Service.           

Memphis Rapper Pleads Guilty to Illegally Possessing a Firearm in Arkansas

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LITTLE ROCK—Ricky Hampton, the rapper who goes by the stage name “Finese2Tymes” and has been performing at concerts when violence has broken out multiple times, pleaded guilty in federal court today to a gun possession charge stemming from an incident following a concert in Forrest City.

Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Jeff Reed, Resident Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF), announced Hampton’s plea, which took place before United States District Court Judge J. Leon Holmes. Hampton pleaded guilty to one count of being a felon in possession of a firearm. The plea agreement called for enhancements because the firearm in question was capable of accepting a high-capacity magazine, and Hampton possessed the firearm in connection with another felony offense.

Hampton was originally arrested on a federal complaint on July 3, 2017. A grand jury then indicted him on July 6, 2017. Kentrell Gwynn, Hampton’s bodyguard, was added as a co-defendant in a superseding indictment on August 3, 2017. Hampton pleaded guilty to the superseding indictment on Monday and will be sentenced by Judge Holmes at a later date.

“Violence has followed this individual, and it is time for that to end,” Hiland said. “The message is clear—if you are a felon in possession a firearm, and especially if you use that firearm to commit other crimes, you will be arrested and prosecuted to the fullest extent of the law.”

The investigation into Hampton showed that on June 24, into the early morning hours of June 25, 2017, Hampton performed at Club Envy in Forrest City. After the concert, a woman in the parking lot stated that she drove to the front of Club Envy at about 2:45 a.m. on June 25 and found her route blocked. She then saw Hampton entering the passenger side of a car as he began to scream at her to move her car. As the woman moved her car in reverse, Hampton aimed a large gun at her and yelled. The gun was still aimed at the woman when she turned her car around. As the woman sped off, her back window was shattered and she was grazed by a bullet on the side of her neck.

Witnesses in the Club Envy parking lot took photographs and videos of this incident and posted them to Facebook. In these photographs Hampton can be seen holding and pointing an “AK-style” pistol, which had a AK-47 rifle barrel, with a pistol grip and no shoulder stock. This type of firearm is commonly referred to as a “Draco.”

On July 1, 2017, Hampton performed at Power Ultra Lounge in Little Rock when a mass shooting occurred and 25 people were injured. The next day, ATF and United States Marshals arrested Hampton at the Side Affects Club in Birmingham, Alabama, following a concert. After the arrest, agents recovered a Century Arms “AK-style” pistol from the vehicle in which Hampton was traveling. This pistol was purchased by Gwynn on May 26, 2017. ATF agents interviewed Hampton, who told them that he “upped the Draco,” referring to raising and pointing the “AK-style” pistol in Forrest City.

The maximum punishment Hampton faces for being a felon in possession of a firearm is not more than 10 years’ imprisonment, a fine not to exceed $250,000, and not more than three years of supervised release.

The primary investigation was conducted by the ATF, with assistance from the U.S. Marshal Service and the Forrest City Police Department. Assistant United States Attorneys Stephanie Mazzanti and Chris Givens are prosecuting the case.

# # #

This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available on-line at

http://www.justice.gov/edar

Twitter:
@EDARNEWS

Hudson County Man Charged with Cocaine Trafficking Conspiracy Operating in Jersey City

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NEWARK, N.J. – A Jersey City, New Jersey, man was charged today with conspiracy to distribute cocaine after law enforcement conducted a wiretap of his phone and found 2.5 kilograms of cocaine in his apartment, U.S. Attorney Craig Carpenito announced.

Rayfeal Roman, 34, is charged by complaint with one count of conspiracy to distribute 500 grams or more of cocaine. He was arrested on state charges last month and remains in custody; he will have his initial appearance on the federal charges later this week before U.S. Magistrate Judge Mark Falk in Newark federal court. 

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

Since September 2017, law enforcement officers in New Jersey have been investigating a large drug distribution network involving Roman and others. The investigation included lawfully intercepted communications, as well as physical surveillance, a comprehensive review of records, and other investigative methods.

Law enforcement officers obtained a court order to intercept wire and electronic communications occurring over the cellular telephone used by Roman. Law enforcement officers intercepted numerous telephone conversations in which Roman others discussed the distribution of cocaine.

On Feb. 6-7, 2018, law enforcement officers intercepted communications between Roman and a conspirator regarding the sale of one kilogram of cocaine. The conspirator wanted to obtain the cocaine from Roman for $29,500, and that the conspirator would, in turn, be providing the cocaine to another unnamed individual. Roman directed the conspirator to go to Roman’s apartment in Jersey City in order to obtain the cocaine.

Law enforcement officers obtained and executed a search warrant for Roman’s apartment in Jersey City. They found approximately 2.5 kilograms of cocaine, approximately $30,000 in cash, and various other materials commonly used in connection with drug distribution, such as an electronic money-counting machine, a digital scale, and drug-packaging materials.

The cocaine distribution conspiracy charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison, and a $2 million fine. 

U.S. Attorney Carpenito credited the Hudson County Prosecutor’s Office under the leadership of Prosecutor Esther Suarez, and special agents of the Drug Enforcement Administration, under the direction of Valerie A. Nickerson, with the investigation leading to the charge.

The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Violent Crimes Unit in Newark.

The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.


Former Therapist Sentenced To 25 Years In Prison For Possession And Receipt Of Child Pornography And Enticement Of A Child

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LAS VEGAS, Nev. – A former marriage and family therapist who was convicted by a jury of possession and receipt of child pornography and for soliciting a child to have sex with him was sentenced today to 300 months in prison and lifetime supervised release, announced U.S. Attorney Dayle Elieson for the District of Nevada and Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division.

Ian Alexander Pincombe, 49, of Las Vegas, was found guilty by a jury last year of one count of coercion and enticement, one count of possession of child pornography, and one count of receipt of child pornography. In addition to the prison term, he is required to register as a sex offender under the Sex Offender Registration Notification Act. United States District Judge Jennifer A. Dorsey presided over the jury trial and sentencing hearing.

“The defendant sent sexually explicit messages to someone he believed to be a 13-year-old girl and he kept a collection of violent child pornography," said U.S. Attorney Elieson. "Children deserve to be protected from child predators. The U.S. Attorney’s Office and our law enforcement partners are committed to the protection of the most vulnerable community members—our children.”

“I want to recognize the excellent work of the FBI Child Exploitation Task Force; a combined effort that exhibits the FBI’s commitment to our community and our partners,” said SAC Rouse. “Their actions removed this individual from the community where our children live.”

According to court documents, Pincombe posted an advertisement on Craigslist seeking an underage girl for sex. An undercover detective, posting as a 13-year-old girl, began communicating with Pincombe. Over the next two days, Pincombe exchanged sexually explicit emails and text messages with the girl. On May 2, 2014, law enforcement arrested Pincombe at a shopping center parking lot in Henderson, Nevada where he had agreed to meet the girl for a sexual encounter. During the execution of a search warrant at Pincombe’s residence, law enforcement recovered digital devices, including his personal cell phone, that contained more than 450 depictions of child pornography.

The case was investigated by the FBI, the Henderson Police Department, and the Internet Crimes Against Children Task Force. Assistant U.S. Attorneys Frank Coumou and Elham Roohani prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, visit www.usdoj.gov/psc.

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Press Release Regarding Significant Law Enforcement Action

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United States Attorney Brandon J. Fremin announced today that he will join numerous federal, state, and local law enforcement leaders in announcing a significant law enforcement action on Tuesday, March 6, 2018, at 10:00 a.m. CST in Conference Room C of the United States Attorney’s Office, located at 777 Florida Street, Suite 208, Baton Rouge, Louisiana.  Press should plan to arrive at the U.S. Attorney’s Office and be in place by 9:30 a.m. 

Security Guard At The 9/11 Memorial Pleads Guilty In Manhattan Federal Court To Firearms Trafficking

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York  announced that MAQUAN MOORE, a 9/11 Memorial security guard, pled guilty to firearms trafficking in connection with his trafficking of more than 25 firearms from locations outside of New York into Manhattan.  MOORE pled guilty today to an Information in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker.

U.S. Attorney Geoffrey S. Berman said:  “Maquan Moore was in the business of peddling illegal firearms in busy downtown New York.  When individuals attempt to bypass the critically important system of licensing for lawful ownership, the result is a less safe society for all of us. One shudders to think the harm these weapons could have caused in the wrong hands.”

According to the Complaint, Information, and other statements made in open court:

Beginning in December 2017, a joint task force of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and the New York City Police Department (“NYPD”) made multiple undercover purchases of firearms from MOORE, who at the time was working as a security guard at the 9/11 Memorial.  These firearms included several assault-style weapons, such as a MAC-10 machine pistol, and various other handguns and rifles.  On the evening of February 1, 2018, an undercover officer purchased from MOORE additional firearms, many of which had been brought by MOORE’s co-conspirator, Morris Wilson, from Florida to New York.  In connection with MOORE and Wilson’s arrest, the ATF/NYPD Task Force seized 21 additional firearms.

*                *                *

MOORE, 29, of Manhattan, pled guilty to one count of firearms trafficking, which carries a maximum sentence of five years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Wilson is charged in a Criminal Complaint with conspiracy to traffic in firearms, firearms trafficking, and interstate transportation and receipt of firearms. The allegations contained in the Criminal Complaint as to Wilson are merely accusations, and he is presumed innocent unless and until proven guilty.

Mr. Berman praised the efforts of the ATF and NYPD in this case.

This case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorneys Jacob Warren and Dominic Gentile are in charge of the prosecution.

Five Members Of “Central Divisadero Players” Gang Convicted Of Various Racketeering Crimes Including Murder

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SAN FRANCISCO - A federal jury convicted Adrian Gordon (aka “Tit”), Charles Heard (aka “Cheese”), Esau Ferdinand (aka “Sauce”), Monzell Harding, Jr., and Jaquain Young (aka “Loc”) today of racketeering, murder, and conspiracy charges, announced Acting United States Attorney Alex Tse and FBI Special Agent in Charge John F. Bennett.  The verdict follows a 14-week trial in which the jury heard evidence about the San Francisco gang referred to as Central Divisadero Players, aka Central Divis Playas, aka CDP.

“This office is 100% committed to eradicating violent gang activity from our community, for the safety of all who live and visit the Bay Area,” said Acting U.S. Attorney Tse.  “The evidence produced at the trial in this case makes crystal clear why we must not flinch from pursuing this goal with all necessary resources.  I want to express my sincere gratitude to the FBI, the police departments of San Francisco and San Pablo, and the San Francisco DA for their partnership, hard work, and commitment to bring these criminals to justice.  I also want to acknowledge the brave victims who came forward during trial despite threats against their safety, and the well-being of their loved ones.  Combatting gang violence is a dangerous endeavor, and as a community we must work together and stand tall to defeat the gangs.”

Gordon, 29; Heard, 33; Ferdinand, 35; Young, 44; and Harding, 26, were the first five defendants to stand trial for crimes alleged in an eleven-defendant, 22-count second superseding indictment filed on August 14, 2014.  The indictment described CDP as a racketeering organization that worked collectively with other gangs in the Western Addition of San Francisco to preserve and protect power, territory, reputation, and profits of the enterprise through the use of intimidation, violence, assaults, and murder.  During the trial, the jury heard evidence that the five defendants, all from San Francisco, each played a role in the racketeering conspiracy whose crimes ranged from murder to pimping.  The jury concluded that the five defendants were guilty of the following specific crimes:  

Defendant

Found Guilty of the Following Charges

Maximum Penalties

All Five Defendants

Racketeering conspiracy

in violation of 18 U.S.C. § 1962(d)

Life in prison and a $250,000 fine

Racketeering, including murder,

in violation of 18 U.S.C. § 1962(d)

Life in prison and a $250,000 fine

Gordon

Attempted racketeering murder of Victim 3 on May 20, 2011,

in violation of 18 U.S.C. § 1959(a)(5)

10 years in prison and a $250,000 fine

Racketeering assault with a dangerous weapon May 20, 2011,

on Victim 3, in violation of 18 U.S.C. § 1959(a)(3)

20 years in prison and a $250,000 fine

Use, carry, brandishing, or discharge of a firearm during a crime of

violence during the May 20, 2011, assault with a deadly weapon

of Victim 3, in violation of 18 U.S.C. § 924(c)

Life in prison with a mandatory minimum of 10 years in prison consecutive to every term of imprisonment for other offenses

Heard

Racketeering murder of Andre Helton on August 14, 2008, in violation of 18 U.S.C. § 1959(a)(1)

Mandatory life in prison and a $250,000 fine

Racketeering murder of Isiah Turner on August 14, 2008, in violation of 18 U.S.C. § 1959(a)(1)

Mandatory life in prison and a $250,000 fine

Use of a firearm in aid of the August 14, 2008, racketeering murders of Andre Helton and Isiah Turner, in violation of 18 U.S.C. § 924(j)(1)

Life in prison and a $250,000 fine

Young

Racketeering murder of Jelvon Helton on November 1, 2010, in violation of 18 U.S.C. § 1959(a)(1)

Mandatory life in prison and a $250,000 fine

Use, carry, brandishing, or discharge of a firearm in connection with November 1, 2010, murder in aid of racketeering of Jelvon Helton, in violation of 18 U.S.C. § 924(c)

Life in prison with a mandatory minimum of 10 years in prison consecutive to every term of imprisonment for other offenses

Use of a firearm in aid of the November 1, 2010, racketeering murder of Jelvon Helton, in violation of 18 U.S.C. § 924(j)(1)

Life in prison and a $250,000 fine

Attempting to entice and persuade an individual to travel for prostitution (from August 9, 2012, to March 11, 2013), in violation of 18 U.S.C. § 2422(a)

20 years in prison and fine of $250,000

Attempting to entice and persuade a minor to engage in prostitution (from

August 9, 2012, to March 11, 2013),

in violation of 18 U.S.C. § 2422(b)

Life in prison (10 years mandatory minimum) and fine of $250,000

 

Any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.  

As described in the chart above, the jury concluded that Charles Heard murdered Andre Helton and Isiah Turner, that Jaquain Young murdered Jelvon Helton, and that Adrian Gordon attempted to murder another victim.  The evidence at trial also demonstrated that the gang intimidated victims, potential victims, and community members through violence and threats of violence.    

The defendants all are in custody pending sentencing.  Judge Orrick has not yet scheduled a date for sentencing. 

The prosecution is the result of joint investigation by the Federal Bureau of Investigation; San Francisco Police Department’s Gang Task Force, Homicide Detail, Robbery Detail, Special Victims Unit, and the Northern, Park, and Bayview Stations; San Francisco District Attorney’s Office; and the San Pablo Police Department.

Decatur Man Sentenced to 60 Years in Prison for Hobbs Act Robbery, Conspiracy, and Firearms Charges

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URBANA, Ill. – Matthew J. Higgins-Vogt, 25, of Decatur, Ill., was sentenced today to 60 years in prison for his role in an armed robbery of a Decatur Circle K convenience store and the murder of a 19-year-old Decatur woman, in April 2015. A jury convicted Higgins-Vogt’s co-conspirator Kelton Snyder in April 2016. On Oct. 24, 2016, Snyder was sentenced to life in federal prison.

On Oct. 30, 2017, Higgins-Vogt admitted that on April 3, 2015, he and Kelton Snyder robbed the Circle K convenience store at 1685 S. Baltimore in Decatur, and took money, including the contents of the cash register, and alcohol, while Snyder brandished a 12-gauge shotgun. Related to the conspiracy to commit the armed robbery, Higgins-Vogt admitted that he shot and killed Paige Mars on April 5, 2015, because he and Snyder did not want Mars to alert law enforcement about the robbery. Mars had driven the two men to the convenience store, waited in the car while they committed the robbery, and then drove them away.

According to evidence presented by the government, after the robbery, Mars learned of past violence by Snyder, and questioned him about it. Snyder and Higgins-Vogt became concerned that Mars would tell law enforcement that they had committed the robbery. The two men determined that Higgins-Vogt would kill Mars because Snyder and Mars had a brief personal relationship and they believed that law enforcement would suspect Snyder.  

Assistant U.S. Attorney Jason Bohm prosecuted the case. The Decatur Police Department and FBI conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Macon County Sheriff’s Office.

Higgins-Vogt has been in the custody of the U.S. Marshals Service since his initial appearance in federal court on Feb. 17, 2017. Higgins-Vogt was previously in the custody of the Macon County Sheriff’s Office since his arrest on state charges on April 8, 2015.

San Antonio Man Sentenced to 12 Years in Federal Prison for Distribution of Child Pornography

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In San Antonio today, a federal judge sentenced 24–year-old Paul Martinez to 12 years in federal prison for distributing child pornography, announced United States Attorney John F. Bash and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.

Senior United States District Judge David A. Ezra also ordered that Martinez pay $5,000 restitution to any identified victim and be placed under supervised release for a period of five years after completing his prison term.

Martinez pleaded guilty to the charge in October of last year.  By pleading guilty, Martinez admitted he exchanged child pornography using the Internet in January 2016. 

In September 2016, federal authorities executed a search warrant at the location where Martinez was residing and seized his desktop and laptop computers as well as his cellular telephone.  A forensic examination of the computers and phone revealed numerous video and image files depicting prepubescent children engaged in sexually explicit conduct.

The FBI investigated this case.  Assistant United States Attorney Tracy Thompson prosecuted this case on behalf of the Government.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.

Five Who Purchased and Sold Children for Sex in Oklahoma City Ordered to Serve Combined 38 Years in Prison and Pay Over $635,000 in Restitution to Victims

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OKLAHOMA CITY – Five defendants convicted of child sex trafficking were ordered to serve a combined 38 years in federal prison and pay over $635,000 in restitution to victims, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.

According to court records, in October 2014, Maurice M. Johnson engaged in sex trafficking of two girls (aged 14 and 15) and an adult female.  As soon as the 14-year-old girl was recruited, Johnson instructed her to start calling phone numbers from the escort section of the Yellow Pages to find Tonya Gay Gum, whom he knew as "Carmen."  At the time, Gum operated at least twenty phone numbers listed in the escort section of the Oklahoma City Yellow Pages.  The 14-year-old victim made contact with Gum and sent her photographs of herself and the adult female.  After that, Gum began arranging commercial sex transactions between her established customer base (or new customers who called her phone lines) and the females under Johnson’s control.  Johnson drove the girls to hotels, residences, and commercial spaces, where the customers paid in cash for sex.  After each commercial sex transaction, Gum met the girls at different locations in the Oklahoma City metropolitan area to receive the proceeds, which Gum and Johnson split.  They did not give any money to the victims they trafficked.

A federal grand jury indicted Johnson on December 3, 2014.  He pleaded guilty to child sex trafficking on January 30, 2015, before U.S. District Judge Robin J. Cauthron.  In August 2017, he was sentenced to 240 months in prison and five years of supervised release.

Gum and three customers who purchased sex with the children were indicted by a federal grand jury on June 16, 2015.  On  November 19, 2015, Gum pleaded guilty to conspiracy to commit child sex trafficking, also before Judge Cauthron.  In August 2017, she was sentenced to 48 months in federal prison and three years of supervised release.

The three customers—William M. Baker, Trung N. Duong, and Curtis A. Anthony—purchased sex with the children in October 2014.  Before their convictions, their cases went before the Tenth Circuit Court of Appeals, which held in February 2017 that they could be convicted of child sex trafficking even if they did not know or recklessly disregard a child victim’s age, so long as they had a "reasonable opportunity to view" the child victim.

On May 9, 2017, Duong pleaded guilty to conspiracy to commit child sex trafficking.  On November 2, 2017, Baker also pleaded guilty to conspiracy to commit child sex trafficking.  In August 2017, Judge Cauthron sentenced each of them to 24 months in federal prison, followed by five years of supervised release. 

Anthony went to trial and was convicted by a federal jury on June 19, 2017, of both conspiracy to commit child sex trafficking and child sex trafficking.  He was sentenced in October 2017 to 120 months in federal prison, to be followed by five years of supervised release.

All of these defendants will be required to register as sex offenders for 25 years after released from custody.

At the time of the sentencings, the court deferred a determination of restitution.  Today Judge Cauthron amended the judgments and ordered all five defendants to pay $635,247 in restitution to victims, with each defendant jointly and severally liable for the full amount immediately.  "Although the innocence of these children cannot be restored, we are pleased that the Court is holding the defendants responsible for paying for the future care and treatment caused by their crimes," said Acting U.S. Attorney Troester.

This case is the result of an investigation by United States Department of Homeland Security and the Oklahoma Bureau of Narcotics and Dangerous Drugs.  Assistant U.S. Attorneys McKenzie Anderson and David Petermann prosecuted the case.


Grand Jury Indicts 8 in Online Romance Money Laundering Scam

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COLUMBUS, Ohio – Eight Central Ohio defendants charged on Valentine’s Day have now been indicted by a grand jury for conspiring to launder and for laundering the proceeds of online romance scams.

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ryan L. Korner, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, Cincinnati Field Office, Tommy D. Coke, Inspector in Charge, U.S. Postal Inspection Service, Pittsburgh Division, and Steve Francis, Special Agent in Charge, Homeland Security Investigations (HSI) announced the indictment, which was unsealed yesterday.

Those charged include: Kwabena M. Bonsu, Kwasi A. Oppong, Kwame Ansah, John Y. Amoah, Samuel Antwi, King Faisal Hamidu, Nkosiyoxoxo Msuthu and Cynthia Appiagyei.

According to the indictment, individuals committing fraud created several profiles on online dating sites. They then contacted men and women throughout the United States with whom they cultivated a sense of affection, and often, romance.

After establishing relationships, perpetrators of the romance scams allegedly requested money, typically for investment or need-based reasons, and provided account information and directions for where money should be sent. In part, these accounts were controlled by the defendants. Typical wire amounts ranged from $10,000 to more than $100,000 per wire.

The funds were not used for the purposes claimed by the perpetrators of the romance scams. Instead, the defendants conducted transactions designed to conceal, such as withdrawing cash, transferring funds to other accounts and purchasing assets and sending the assets overseas.

“According to the indictment, the defendants laundered the funds from a scheme to seduce victims throughout the United States using dating websites like Match.com and then defrauding them of millions of dollars,” U.S. Attorney Glassman said.

It is alleged that the individuals commonly used some the fraud proceeds to purchase salvaged vehicles sold online. The cars were commonly exported to Ghana.

Fictitious reasons for investment requests included gold, diamond, oil and gas pipeline opportunities in Africa. Websites used involve Match.com, ChristianMingle.com, BabyBoomerPeopleMeet.com, PlentyofFish.com, OurTime.com, EHarmony.com and Facebook. At least 26 victims have been identified thus far.

In one example, a victim believed she was in a serious relationship with a person named “Frank Wilberg” whom she met on Match.com. She believed they planned to marry and paid $3,000 to reserve a wedding site, and had purchased a wedding gown and shoes.

“Wilberg” told the victim he owned a consulting firm that tested gold for purity and needed money to buy gold and gold contracts. He said he expected to profit $6 million and would repay her with the profits. The victim wired money to accounts controlled by Amoah, Bonsu, Msuthu, and Appiagyei, and did not receive any money back.

In furtherance of the scheme, the co-conspirators allegedly created several companies, some of which were shell companies, to help attempt to hide the true nature of their proceeds.

“The defendants attempted to launder millions of dollars in proceeds earned from an online romance scam through a series of financial transactions intended to conceal their illegal activities,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.

U.S. Attorney Glassman commended the investigation of this case by the IRS Criminal Investigation, U.S. Postal Inspection Service and HSI, as well as Assistant United States Attorney Peter K. Glenn-Applegate, who is prosecuting the case.

An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

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Illegal Alien Enters Guilty Plea in Federal Court

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jesus Patino-Lopez, age 31, of Murrells Inlet, SC, pled guilty in federal court in Florence, to Illegal Re-Entry into the United States, a violation of Title 8, United States Code, Section 1326(a).  United States Magistrate Judge Thomas E. Rogers, III, of Florence, accepted the plea, and United States District Judge Donald C. Coggins, Jr., of Spartanburg, will impose sentence after review of the presentence report which will be prepared by the U.S. Probation Office.

The evidence presented at the guilty plea hearing established that on June 23, 2017, ICE–Enforcement and Removal Operations Officers in Charleston, SC, encountered Patino-Lopez at the J. Reuben Long Detention Center where he was detained for local charges.

A records check revealed that Patino-Lopez is a native and citizen of Mexico and had two prior removals in 2009.  On both occasions, he was removed from the United States back to Mexico.  A records check also revealed that Patino-Lopez had not received permission to enter, re-enter, or remain in the United States. 

The maximum penalty the Defendant can receive for this charge is 2 years imprisonment.

This case was investigated by officers of the ICE–Enforcement and Removal Operations and the Horry County Sheriff’s Office.  Assistant United States Attorney Lauren Hummel of the Florence office handled the case.

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Felon in Possession of a Gun Sentenced in Federal Court

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United States Attorney Richard Moore of the Southern District of Alabama announced that Sylvester Horn, 46, of Mobile, was sentenced in federal court on the charge of being a felon in possession of a firearm.  At the time the gun was discovered in Horn’s possession, he was on federal supervision for a previous federal conviction for attempt to possess with intent to distribute cocaine.  He was convicted on that charge in 2009, and served a sentence of 96 months in prison.  When Horn was released from prison, he was placed on supervision by the United States Probation office in Mobile, Alabama.  He had served two years of a five-year term of supervision when his possession of the gun was discovered.  Horn pled guilty to the felon in possession charge in November of 2017.  He was also charged with a violation of the terms of his supervised release.

United States District Court Judge Kristi Dubose sentenced Horn to 24 months’ imprisonment, to be followed by another three-year term of supervised release.  The judge ordered that sentences on the revocation and on the new case will be served concurrently.  Horn will undergo treatment for drug abuse and receive mental health counseling while in prison and as a condition of his supervised release.  No fine was imposed, however the judge ordered that Horn pay the $100 special mandatory assessment. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

Mobile County Man Receives 33 Month Sentence for Possession of a Firearm After Felony Conviction

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The United States Attorney, Richard W. Moore, announces that David Tyler Nelson, a 23 year old, resident of Mobile, Alabama was sentenced to 33 months incarceration followed by three years of supervised release for possessing a firearm after being convicted of a felony, namely, Unlawful Possession or Receipt of a Controlled Substance.

The charge arose from a traffic stop, on May 13, 2017, during which the arresting officer witnessed Nelson, the passenger in the vehicle, sleeping with a firearm in his waistband.  After retrieving the firearm, the officer woke Nelson and asked him his name and date of birth.  Nelson provided a false name and date of birth to the officer.  During an inventory of the vehicle, officers retrieved Nelson’s work identification, revealing his true identity.  When questioned about his possession of the firearm on the scene, Nelson replied, “I just bought it for a couple bills.  I took it to a party across the bay.”  A few weeks later, on June 6, 2017, federal agents questioned Nelson about possession of the firearm and he stated that he “did not remember” why he had the firearm and that he “might have been worried about getting robbed”.  Several months later, on September 9, 2017, during his post-arrest interview Nelson stated, he “did not know why he would have” a firearm.  On November 14, 2017, Nelson went to trial and was found guilty of possession of a firearm after being previously convicted of a felony in violation of 18 U.S.C. § 922(g).

Mobile County Sheriff’s Office, Mobile Police Department, and special agents of the Federal Bureau of Investigation investigated the case and presented it to the United States Attorney’s Office for prosecution.  The prosecutors assigned to the case were Assistant United States Attorneys Gina Vann, Erica Hilliard, and Lawrence Bullard.

Lawrence Man Sentenced to 54 Months in Prison for Drug Trafficking

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             CONCORD – United States Attorney Scott W. Murray announced that Wilkin Andre Beltre Arias, 39, of Lawrence, Massachusetts, was sentenced on Monday to serve 54 months in federal prison for participating in a drug trafficking conspiracy that distributed substantial quantities of heroin.

            Documents filed with the court established that the defendant participated in a drug trafficking organization between June 2016 and October 2016.  He received drugs from this organization and delivered drugs to his customers from Massachusetts and New Hampshire.   The defendant worked at a barbershop in Lawrence and used the shop as a delivery point for his customers.

            The defendant pleaded guilty on September 21, 2017, to conspiracy to distribute, and to possess with the intent to distribute, heroin.  Court records show that he faces likely deportation to the Dominican Republic following his prison sentence.

            The investigation and prosecution of this defendant were part of a Drug Enforcement Administration (DEA) effort to address heroin distribution in New Hampshire.  In addition to this prosecution, Alberto Guerrero Marte, 38, was sentenced to 15 years; Toribio Guerrero Marte, 34, was sentenced to 10 years; Maria Miguelina Lara, 33, was sentenced to 36 months; Allan Raymond Pimentel, 22, was sentenced to 57 months; Jose De La Altagracia Pimentel Lara, 26, was sentenced to 63 months; Allison DeJesus, age 19, was sentenced to five years of probation; and Jonaly DeJesus, 22, was sentenced to time served and five years of supervised release.  In a related case, Mark Gagnon, 54, of Candia, was sentenced to 48 months.  Michell DeJesus, 34, Santo Rodolfo Garcia Mendez, 33, and Edward Garcia, 31, are awaiting sentencing. 

            This matter was investigated by the DEA; Homeland Security Investigations; the Massachusetts State Police; the Haverhill Police Department; the United States Marshals Service; the New Hampshire State Police; the Manchester Police Department; the Lawrence Police Department; the Lowell Police Department, the Methuen Police Department, and the Hillsborough County Drug Task Force. 

            This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF).  The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.  The case is being prosecuted by Assistant U.S. Attorney Donald Feith.

 

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