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Court Of Appeals Reverses Decision Suppressing Evidence In Fentanyl Case Involving An Overdose Death

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

BUFFALO, N.Y. — The United States Attorney’s Office announced today that the United States Court of Appeals for the Second Circuit has reversed an order suppressing statements made by a suspect charged in a federal indictment with possessing with intent to distribute and distributing fentanyl that resulted in death. As part of an investigation into the February 28, 2015, overdose death of a Hamburg man at his home, a Drug Enforcement Administration Task Force Agent, on March 4, 2015, conducted an interview of defendant John Haak at the Hamburg Police Station.  During that interview, Haak made incriminating statements. The District Court concluded that Haak’s statements were coerced and therefore subject to suppression on the ground that they had been obtained in violation of defendant’s Fifth Amendment rights. 

The government appealed the district court’s order suppressing the statements to the United States Court of Appeals for the Second Circuit.  On October 4, 2017, United States Attorney James P. Kennedy, Jr. personally argued the government’s appeal before a three-judge panel of the Second Circuit. In a lengthy written opinion issued today, the Circuit Judges of the Court of Appeals unanimously agreed with the government’s argument that Haak’s statements had been both constitutionally and voluntarily obtained. In so doing, the Court of Appeals reversed the district court’s order suppressing Haak’s statements and remanded the case back to the district court for further proceedings consistent with its opinion.


Tampa Man Sentenced To Forty-Five Months’ Imprisonment For Identity Theft And Fraud Schemes

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Tampa, Florida – United States District Judge Charlene E. Honeywell today sentenced Rany Smith a/k/a “Abdelmajid Wahbi” (48, Tampa) to 45 months’ imprisonment for aggravated identity theft and conspiracy to commit mail and wire fraud. He pleaded guilty to charges on December 6, 2017.

According to court records, Smith, originally of Morocco, stole the identities of other North African immigrants and used them to carry out fraud schemes throughout Florida. In one scheme, he obtained employment as a manager at Tampa-area and South Florida businesses, using stolen identities to hide his prior felony conviction. He then used his managerial authority to hire “ghost employees,” whose wages he then collected and kept for himself. In other schemes, Smith obtained lines of credit using the personal identifying information of various identity theft victims and purchased goods and services from a variety of businesses across the United States. As a result, he incurred debts that he never repaid, causing tens of thousands of dollars in losses to the underwriting banks.

"This criminal stole the identities of other immigrants and used those identities to shield himself from being held accountable for illegal activities," said HSI Tampa Special Agent in Charge James C. Spero. "He victimized the immigrants whose identities he stole, Florida retailers and online merchants, and the U.S. taxpayers."     

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations – National Security Division, the U.S. Air Force Office of Special Investigations, and the Pasco County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Eric K. Gerard.

Incidents in Yellowstone National Park

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Cody J. Cyson, of Minnetonka, Minnesota and Thomas L. Brown of East Hardwick, Vermont, were each charged with one count of entering a closed area and one count of interference with an agency function in Yellowstone National Park on March 7, 2018. Both individuals were contacted by park law enforcement in the Stephens Creek Administrative Facility on March 6, 2018 just after 5:00 am. Cyson and Brown has used a steel tube and chain to secure themselves to the squeeze chute in order to disrupt the shipping of the buffalo in the pens.

In a separate incident, Hanna F. Ponder, of Donnelly, Idaho, was charged on March 7, 2018, with one count of entering a closed area in Yellowstone National Park. Ponder was located by law enforcement in the bison closure of the Reese Creek drainage area during the morning hours of March 6, 2018. Ponder stated she had been walking the creek looking at birds.

All three individuals made their initial appearance in U.S. District Court on March 7, 2018 where the government made a motion for detention of the individuals and a bond hearing is scheduled for March 12 at 10:30 a.m.

Darlington Man Pleads Guilty to Robbery and Gun Charges in Federal Court

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Kenneth Eric Coe, Jr. a/k/a “Junior,” age 23, of Darlington, SC, pled guilty in federal court in Florence, to aiding and abetting Robbery of United States Government Property, a violation of Title 18, United States Code, Sections 2114 and 2, and aiding and abetting the Use of and Brandishing a Firearm During and in Furtherance of a Crime of Violence, a violation of Title 18, United States Code, Sections 924(c) and 2.  United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

The evidence presented at the guilty plea hearing established that on March 29, 2017, Coe along with another individual robbed a person having lawful charge, custody, and control of $400.00 belonging to the Bureau of Alcohol, Tobacco, Firearms and Explosives by use of a firearm.  During the hearing, the agent presented evidence that during the robbery, a firearm was pointed at the victim in order to force the victim to give up the cash. 

Under Coe’s plea agreement, he faces a mandatory minimum of seven years imprisonment with a maximum penalty of life in prison. 

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Darlington County Sheriff’s Office, and the Hartsville Police Department.   Assistant United States Attorneys Lauren Hummel of the Florence office and J.D. Rowell and William Lewis of the Columbia office handled the case.

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Four Individuals Indicted For Trafficking In Counterfeit Goods

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SAN JUAN, P.R. – On March 7, 2018, a Federal grand jury returned a 28-count indictment charging four individuals with mail and wire fraud conspiracy, mail fraud, trafficking in counterfeit goods, introducing misbranded articles into interstate commerce, distribution of a controlled substance, international money laundering, and smuggling, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. The U.S. Food and Drug Administration’s (FDA) Office of Criminal Investigations (OCI), Immigration and Customs Enforcement-Homeland Security Investigation, and US Postal Inspectors were in charge of the investigation with the collaboration of Customs and Border Protection (CBP) and the Puerto Rico Department of Treasury (Departamento de Hacienda).

According to the indictment, defendants Carlos Enrique Velázquez-Gines, Mayra Evelise Gines-Otero, Noriam Ivette Flores-Deleon, and Vanessa Marrero-Hernández marketed and offered numerous purported “dietary supplements” for male enhancement or weight loss, which were in fact “drugs” under the Federal Food, Drug, and Cosmetic Act (FDCA) for sale to American consumers. Defendants marketed and sold the products through “online stores” on platforms such as eBay.com and Bonanzo.com, using seller name “lostchildinpr” and “deleon1988.” The products listed in the indictment include: Foreign-labeled product, XXXplosion, Power, Hard Ten Days, Zhansheng Weige, ExtenZe, ExtenZe Plus, La Pepa Negra, Lang Yi Hao, FX3000, Shark Extract, Black Storm, USA Power, Plant Vigra, Para Hombres Paradise, Jack Rabbit, Rhino 12 Titanium, Rhino 69, African Black Ant, Paradise Ultra Plus, Figa XP, U-fit, Natural Max Slimming Advanced – Appetite Reducer, and Natural Max Slimming Advanced – Fat Burner.

Many of the counterfeit male-enhancement pills contain the active pharmaceutical ingredient (sildenafil), found in popular and well-known products such as “Viagra” and “Cialis,” and these products do not advertise that pharmaceutical ingredient. Defendants also sold counterfeit condoms. Male latex condoms are medical “devices” under the FDCA.

The defendants also marketed and offered for sale purported Kylie Cosmetics brand products, including lipstick kits. Lipstick is a “cosmetic” under the FDCA. Analysis of the purported Kylie Lip Kit distributed by defendants was conducted by FDA/manufacturer, which confirmed that the lipstick and its labeling were counterfeit.

The object of the conspiracy was for defendants to unlawfully enrich themselves by purchasing from overseas suppliers, illegally importing into the United States, and subsequently selling to American consumers, FDA-regulated products that were counterfeit and/or misbranded. From at least on or about October 3, 2013 defendants purchased from overseas suppliers located in China, and imported into the United States “dietary supplements,” latex condoms, and make-up, that were counterfeit and/or misbranded under the FDCA. In an effort to evade detection by law enforcement, when ordering the illegal products from China, defendants had the packages shipped to a trans-shipper located in Miami, Florida, who would then re-package and/or re-label the parcels and send them to defendants in Puerto Rico.

Defendants mailed and caused to be mailed through the United States Postal Service numerous packages to customers across the United States containing counterfeit and/or misbranded products. They used a residence located in Villa Blanca, Manatí, P.R. as a warehouse to store and distribute the unlawful products they purchased from overseas suppliers and re-sold to customers. The defendants also distributed wholesale quantities of the counterfeit and/or misbranded products imported from overseas to wholesale buyers. Defendant Carlos Enrique Velázquez-Gines,initiated numerous wire transfers of funds to overseas suppliers to pay for the unlawful products purchased and imported by the defendants.

“These defendants sold counterfeit and misbranded medical devices, as well as counterfeit and misbranded male-enhancement pills. Some of these medications contained drugs that the consumers were not aware of and could cause danger to their health, including heart attacks or strokes,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “The U.S. Attorney’s Office will continue to work with the FDA to protect the public from adulterated and misbranded products, and to ensure that dietary supplement sellers provide accurate information about their products.”

“Americans must have confidence that the FDA-regulated products they use are authentic, safe and properly labeled,” said Justin D. Green, Special Agent in Charge, FDA OCI’s Miami Field Office. “We remain fully committed to aggressively pursuing those who place unsuspecting U.S. consumers at risk by distributing illegal drugs, devices or cosmetics.”

“The trafficking of counterfeit goods is simply illegal and in some cases, as this, it becomes a problem of public health and safety and at times threatens national security,” said Orlando Baez, the acting special agent in charge who oversees HSI operations throughout Puerto Rico and the U.S. Virgin Islands. “This illegal activity represents a triple threat as it delivers substandard and often dangerous goods into the economy, rob citizens of good-paying jobs, and generate proceeds that are often funneled back into other criminal enterprises. HSI will continue to work with its enforcement partners to combat the distribution of counterfeit products especially those who that endanger public health.”

Consumers can contact FDA’s MedWatch program at 1-800-FDA-1088 to report suspected serious adverse events, product quality problems, or product use errors associated with the use of an FDA-regulated product, as well as suspected counterfeit medical products.

Defendants are facing a forfeiture allegation of $3,699,901.94, six properties or homes, two bank accounts, one Pay Pal account, and three certificates of deposit. If convicted, the defendants face a maximum possible sentence of 30 years for the conspiracy charges, 10 years for trafficking counterfeit goods, three years for introducing and receiving misbranded products in interstate commerce. Velázquez-Gines is also facing up to 20 years in prison for international money laundering and 20 years for smuggling. The case is being prosecuted by Assistant U.S. Attorney Edward Veronda. An indictment contains only charges and is not evidence of guilt. Defendants are presumed to be innocent unless and until proven guilty.

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Pinellas Doctor Pleads Guilty To Receiving Kickbacks For Writing Prescriptions For Compounded Medications

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Tampa, Florida – Dr. Anthony Baldizzi (54, Largo) today pleaded guilty to conspiracy and receiving illegal kickbacks related to a federal health care benefit program. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Baldizzi, a medical doctor practicing in Pinellas County, wrote prescriptions for compounded creams for scars and pain, among other things. These creams, which were prescribed to TRICARE beneficiaries and others, cost between $900 and $21,000 for a one-month supply. 

Beginning in May 2014, Baldizzi entered into an agreement with the owners of Lifecare Pharmacy, a Pinellas County-based compounding pharmacy, and the principals of Centurion Compounding, Inc., a Pasco County-based marketing firm that promoted compounded creams. Lifecare and Centurion agreed to pay Baldizzi 10 percent of each paid claim resulting from a prescription for a compounded cream written for his patients and filled at Lifecare. These prescriptions were often billed to TRICARE.

Also, at the request of Centurion’s owners, Baldizzi conducted “pop up” medical clinics at a hotel, retail store, and other locations in order to see high volumes of Centurion-recruited patients and prescribe Centurion-promoted compounded creams, many of which were paid for by TRICARE.

Lifecare received approximately $5.3 million from TRICARE for claims made for prescriptions for compounded medications prescribed by Baldizzi as a result of this illegal kickback scheme. The conspirators made cash payments to Baldizzi and bought him a $72,000 luxury car in return for writing the prescriptions for compounded creams for individuals covered by federal health care benefit programs. 

Baldizzi’s co-conspirators, pharmacists Carlos Mazariegos and Benjamin Nundy, who owned and operated Lifecare Pharmacy, pleaded guilty to conspiracy to commit healthcare fraud in related cases and are set to be sentenced in June 2018. This investigation is ongoing.

This case was investigated by the Federal Bureau of Investigation, the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services – Office of Inspector General, the U.S. Air Force Office of Special Investigations, and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.

Former NASCAR driver indicted for attempting to entice a minor to engage in sexual activity

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Orlando, Florida – A grand jury has returned an indictment charging Richard Hoyt Crawford, Jr. (59, Port Orange) with attempting to entice a minor to engage in sexual activity. If convicted, he faces a minimum mandatory penalty of 10 years, up to life, in federal prison. The indictment also notifies Crawford that the United States intends to forfeit an iPhone, which was used in furtherance of the offense.

According to court documents, between February 10 and February 28, 2018, Crawford engaged in email and text communications with an undercover agent acting as the father of a 12-year-old girl. Crawford asked the “father” for a photo of the “child” and negotiated a price to have sex with her. He offered to pay between $50 and $75 for the sexual encounter and asked that the “girl” be nude in the back of the “father’s” car and ready for sexual activity. On February 28, 2018, Crawford traveled from Port Orange to Seminole County to meet the “child,” and was arrested by federal agents. 

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

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 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 locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

District Man Found Guilty of Eight Armed Robberies Committed Over Two-Day Period Last Year

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            WASHINGTON – Tyrone Hunter, 25, of Washington, D.C., was found guilty by a jury today of a series of armed robberies that took place within a two-day period last year in Northwest and Northeast Washington, U.S. Attorney Jessie K. Liu announced.

            Hunter was found guilty of eight counts of armed robbery, one count of conspiracy to commit robbery, fleeing and eluding police, reckless driving, and related weapons offenses and other charges. The verdict followed a five-week trial, with testimony from more than 50 witnesses, in the Superior Court of the District of Columbia. Hunter is to be sentenced on May 2, 2018, by the Honorable Robert A. Salerno.

            According to the government’s evidence, on Jan. 15, 2017, at approximately 1:30 a.m., a 2016 grey Audi sedan was stolen from a parking garage in the 400 block of K Street NW. Over the next two days, the stolen Audi was used as the getaway vehicle in eight armed robberies in Northwest and Northeast Washington. In each instance, Hunter exited the front passenger seat and robbed the victims at gunpoint of their personal belongings before fleeing in the stolen car. According to the evidence at trial, the first robbery took place before dawn on Jan. 15, 2017, and the crimes continued into the night of Jan. 16, 2017.

            On Feb. 8, 2017, law enforcement observed Hunter driving the stolen Audi.  Following a brief chase that resulted in the stolen Audi crashing into numerous vehicles, Hunter exited the vehicle and fled from the police.  Law enforcement soon located and arrested Hunter. Following his arrest, several victims identified him as the gunman who robbed them. Hunter has been in custody since his arrest.

            In announcing the verdict, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department (MPD). She also expressed appreciation for the assistance provided by the FBI’s Cellular Analysis Survey Team and the District of Columbia Department of Forensic Sciences. She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Forensic Operation/Program Specialist Benjamin Kagan-Guthrie; Criminal Investigators Durand Odom and John Marsh; Paralegal Specialists Zoe Antwi and Antoinette Sakamsa; Victim/Witness Advocates Diana Lim and Jennifer Clark; Victim/Witness Services Coordinator Katina Adams-Washington, and Litigation Technology Specialists Leif Hickling, Anisha Bhatia, William Henderson, and Ron Royal. Finally, she commended the work of Assistant U.S. Attorneys Vivien Cockburn and Ellen D’Angelo, who investigated and prosecuted the case.


Franklin County Couple Pleads Guilty to Removing Aluminum Braces from Railroad Cars

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St. Louis, MO – Jacob C. Brewer and Michelle L. Phipps pled guilty to removing aluminum stabilizing braces from railroad cars.

According to court documents, between February 1 and February 22, 2017, Brewer and Phipps disabled railroad on-track equipment by removing aluminum stabilizing braces from railroad freight cars.  The braces are designed to keep the freight cars from derailing when fully loaded and moving.  The railroad freight cars are owned by Ameren UE and were used to transport coal from the State of Wyoming to the State of Missouri.  The couple later sold the aluminum braces to local recycling centers. 

Brewer, 30, from Beaufort, Missouri, and Phipps, 27, from Washington, Missouri, both pled guilty to one felony count of disabling on-track railroad equipment.  They appeared in federal court today before United States District Judge Stephen N. Limbaugh, Jr.  Sentencing has been set for June 6, 2018.

This charge carries a maximum penalty of 20 years’ imprisonment, a fine of $250,000 or both.  Restitution to the victim is also mandatory. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.

 This case was investigated by the Franklin County Sheriff’s Department.  Assistant United States Attorney Gil Sison is handling the case for the U.S. Attorney's Office.

Durant Man Pleads Guilty to Conspiring to Sell Stolen Firearms

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Jackson, Miss. – Darnell Branch, 33, of Durant, pled guilty yesterday before U.S. District Judge Carlton W. Reeves, to conspiring to sell stolen firearms, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Around 2:30 a.m. on July 28, 2014, Estelle Cook and co-defendant Corey Hughes tore a hole in the side of Central Mississippi Firearms, a gun store in Kosciusko, Mississippi, and stole 41 guns. Darnell Branch, Corey Hughes, Estelle Cook, and others sold at least a dozen of the stolen guns in Durant and Lexington, Mississippi. Branch participated in the sale of at least nine of the stolen guns to six different buyers. Branch also bought one of the stolen guns.

On October 3, 2017, a federal grand jury indicted Hughes, Cook, Branch, and Frederick Russell for their unlawful conspiracy to possess and sell stolen firearms. On the same day, a federal grand jury indicted Jermaine Griffin for receiving and possessing one of the stolen guns.

At today’s hearing, Branch became the fifth defendant to plead guilty to his role in the conspiracy. He will be sentenced by Judge Reeves on June 11, 2018, and faces a maximum penalty of five years in prison and a $250,000 fine.

Co-defendant Frederick Russell pled guilty on January 10, 2018, to conspiracy to possess and sell stolen firearms. He will be sentenced by Judge Reeves on May 30, 2018, and faces a maximum penalty of five years in prison and a $250,000 fine.

Co-defendant Estelle Cook pled guilty on February 8, 2018, to being a felon in possession of a firearm. He will be sentenced by Judge Reeves on May 15, 2018, and faces a maximum penalty of ten years in prison and a $250,000 fine.

Co-defendant Corey Hughes pled guilty on February 13, 2018, to being a felon in possession of a firearm. He will be sentenced by Judge Reeves on June 11, 2018, and faces a maximum penalty of ten years in prison and a $250,000 fine.

Jermaine Griffin pled guilty on January 18, 2018, to possession of a stolen firearm. He will be sentenced by Judge Tom S. Lee on May 31, 2018, and faces a maximum penalty of ten years in prison and a $250,000 fine.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Jennifer Case.

AlphaBay spokesperson Ronald L. Wheeler III a/k/a “Trappy” pleads guilty to conspiracy

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ATLANTA - Ronald L. Wheeler, III, a/k/a Trappy, has pleaded guilty to conspiracy to commit access device fraud for working as a public relations specialist for the Dark Web Marketplace AlphaBay.

“Wheeler spent hours on the Dark Web and general Internet providing AlphaBay users tips for attempting to avoid detection by law enforcement,” said U.S. Attorney Byung J. “BJay” Pak.  “His plea is the end of his nefarious career as an AlphaBay promoter.”      

“If people think the Dark Web gives them autonomy to operate illegally behind a cyber-curtain without the scrutiny of law enforcement, then Mr. Wheeler’s plea is a stark reminder that we won’t let that happen,” said David J. LeValley, Special Agent in Charge, FBI Atlanta. “We will not stop diligently prosecuting those who choose to disobey our laws and threaten our communities.” 

“In pleading guilty, Ronald Wheeler has become another example that you cannot hide behind the anonymity created by the Darkweb,” said Thomas J. Holloman, Special Agent in Charge, IRS Criminal Investigation. “IRS-CI, with its law enforcement partners, will continue to take every step in taking down those who create and facilitate Dark Web sites while attempting to hide their illegal profits by seeking payment in digital currencies such as Bitcoin.”  

According to U.S. Attorney Pak, the charges, and other information presented in court: Ronald L. Wheeler III a/k/a Trappy conspired with Alexandre Cazes a/k/a Alpha02 a/k/a Admin, and others to commit access device fraud through the operation of The Onion Routing (“TOR”) Dark Web marketplace AlphaBay.  AlphaBay was an international criminal marketplace that enabled users to purchase and sell stolen and fraudulently obtained access devices, illegal drugs, firearms, hacking tools, and other illicit goods and services.  Sales listings on the website were organized into categories, including “Fraud,” “Drugs & Chemicals,” “Counterfeit Items,” “Weapons,” and “Carded Items.” 

Shortly before AlphaBay was shut down by law enforcement, the website contained thousands of sales listings for illegal products, including approximately 4,488 sales listings for stolen personally identifying information; 28,800 sales listings for stolen online account information; 6,008 sales listings for stolen credit card information; 3,586 sales listings for computer hacking tools, such as botnets and exploit kits; and 257,533 sales listings for illegal drugs, including cocaine, heroin, and a variety of opioids.  The sales of stolen personally identifying information, online account information, and credit card information all provided fertile grounds for access device fraud to flourish on the Dark Web.  Aside from product listings, AlphaBay provided message board forums where users could securely discuss their criminal activities and receive support from AlphaBay staffers. 

On or about May 25, 2015, Wheeler began working as a public relations specialist for AlphaBay.  Wheeler’s duties included moderating the AlphaBay subreddit on the internet website reddit.com; moderating the AlphaBay message board forums; mediating sales disputes among AlphaBay users; promoting AlphaBay on the internet; and providing non-technical assistance to AlphaBay users.  In return for his work, Wheeler received a salary in Bitcoin.  Throughout his participation in the conspiracy, Wheeler advised the public on how to access AlphaBay and encouraged the public to use the website.  Wheeler’s work with AlphaBay continued until early July 2017, when the FBI and its international law enforcement partners shut down the website. 

Sentencing for Ronald Wheeler, III, a/k/a Trappy, 24, of Streamwood, Illinois has been scheduled for May 24, 2018 at 2:00 p.m., before U.S. District Judge Leigh M. May.

This case is being investigated by the FBI and Internal Revenue Service Criminal Investigation.

Assistant U.S. Attorney Samir Kaushal is prosecuting the case.  Substantial assistance was provided by the U.S. Attorney’s Office for the Northern District of Illinois.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

Illegal Alien Convicted on Multiple Charges

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HOUSTON – A 57-year-old an illegal alien from Mexico has pleaded guilty to harboring illegal aliens, using a firearm during a crime of violence, illegal re-entry and being an alien in possession of a firearm, announced U.S. Attorney Ryan K. Patrick.

J. Matias Picazo-Lucas was convicted today.

On Aug. 3, 2017, an individual contacted Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) to report that a person had been smuggled into the United States and was being held against his will in Houston. That person advised that the unknown smugglers were demanding money in return for the release of the alien.

An undercover agent called the smuggler and arranged to meet him at a grocery store on Bellaire Boulevard to conduct a buyout of the relative. Law enforcement was on the scene when Picazo-Lucas arrived with two aliens who were being held. The agent and Picazo-Lucas discussed the payment, after which time authorities took Picazo-Lucas into custody. At the time of his arrest, he was found to be carrying a loaded .38 caliber pistol.

The two aliens were here illegally from Guatemala and indicated Picazo-Lucas and another individual, subsequently identified as Omar Picazo-Torres, had transported them to Houston in a tractor-trailer. Picazo-Lucas and Picazo-Torres held the hostages at gunpoint in order to intimidate them and prevent their escape.

The conspirators made phone calls to the person who had reported the kidnapping and other friends and family members of the hostages demanding payment for the release of the hostages.

U.S. District Judge Keith Ellison accepted the plea today and has set sentencing for May 24, 2018. At that time, Picazo-Lucas faces a total of a minimum five years and up to life for the two firearms convictions, another 10 years for harboring aliens and a maximum of 20 years on the illegal re-entry conviction. Each count carries a potential fine of up to $250,000.

Mexican National Omar Picazo-Lucas, 19, remains a fugitive and a warrant has been issued for his arrest. Anyone with information about his whereabouts is asked to contact HSI at 866-DHS-2-ICE.

HSI, Brazoria County Sheriff’s Office and the Houston Police Department conducted the investigation. Assistant U.S. Attorneys Douglas Davis and Kevin Lear are prosecuting the case.

McAllen Man Heads to Prison for Receiving Child Pornography Videos

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McALLEN, Texas – A 30-year old resident of McAllen has been sentenced to federal prison following his conviction of receipt of child pornography, announced U.S. Attorney Ryan K. Patrick. Rodrigo Garcia-Fuentes pleaded guilty June 2, 2017.

Today, U.S. District Judge Randy Crane took into consideration the age of the victims depicted in the videos and photographs, as well as the number of images possessed by the defendant and handed Garcia-Fuentes a sentence of 70 months in prison. Garcia-Fuentes was further ordered to be on supervised release for the remainder of his life following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He was also ordered to register as a sex offender and pay restitution to the victims in the amount of $62,500. 

Garcia-Fuentes came to the attention of law enforcement following an investigation which began April 4, 2016, into persons using the Internet to traffic in child pornography. A special agent with Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) was able to locate and identify a computer as offering to participate in the receipt of child pornography videos through a peer-to-peer network on the Internet. Through the investigation, it was determined that the computer was located at a residence in McAllen.   

On July 29, 2016, HSI agents executed a federal search warrant at the McAllen residence, during which time they seized a computer. A forensic examination on the computer revealed 650 videos and 658 images of child pornography involving minor children engaged in sexually explicit conduct. These videos included children under the age of 12 involved in sadistic conduct and other depictions of violence. Some of the videos are of known victims as identified through the National Center for Missing and Exploited Children.

Garcia-Fuentes admitted he downloaded and viewed child pornography from the Internet, thereby receiving the child pornography found on his computer. He admitted he had been downloading child pornography for approximately four years.

Garcia-Fuentes will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

HSI conducted the investigation.

This case, prosecuted by Assistant U.S. Attorney David Paxton, 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, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

Unprecedented Check Presented to Labor Trafficking Victim

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HOUSTON – The victim in what has become known as the Katy Nanny case has been presented with a check for the full amount of restitution owed to her, announced U.S. Attorney Ryan K. Patrick.

“This woman now has a better chance at a fresh start,” said Patrick. “We cannot undo the mental and physical harm she has experienced as a result of what her tormenters did to her. However, what we can do is give her what she is owed and the ability to regain some financial stability.”

Sandra and Chudy Nsobundu brought the Nigerian woman here to serve as their nanny for their five children under the guise of a better life. However, during her more than two years with the couple, the victim was forced to work practically 24 hours a day, seven days a week and was subjected to verbal and physical abuse. She could not eat with the family and was forced to sleep on the floor between the beds of two minor children.

Sandra Nsobundu, 50, pleaded guilty to unlawful conduct with respect to documents in furtherance of forced labor, while her husband - Chudy Nsobundu, 58, pleaded to visa fraud. As part of their pleas, they had previously agreed to pay restitution to the victim but argued that amount should not exceed $30,000 for the entire time the woman worked for them. However, an expert with the Department of Labor – Wage and Hour Division compiled an extensive report detailing the amount of wages due to the victim. Ultimately, at a hearing that concluded Jan. 5, 2018, U.S. District Judge Nancy Atlas ordered the couple to pay $121,035.04 in restitution to the victim. They were also ordered to serve sentences of 14 months – seven in prison and another seven on home confinement. In addition to the restitution, Sandra Nsobundu was further ordered to pay an additional $5,000 fine per the Justice for Victims of Trafficking Act of 2015. Both will also be required to serve a term of three years of supervised release following completion of the prison term.

In typical restitution matters, defendants are ordered to pay a set amount monthly, which is usually not set to begin until the complete the service of their sentences. In this case, the Nsobundus payments were set at a total of $500 per month. At that rate, it would have taken more than 20 years for the victim to receive full compensation. However, the FLU at the U.S. Attorney’s Office uncovered the Nsobunsu’s significant financial means and immediately worked to obtained their banking information and secure the full restitution payment with interest totaling $121,046.91.

The woman had begun working for the couple from on or about Sept. 29, 2013, through Oct. 10, 2015.

After obtaining the woman’s visa, the Nsobundus paid to transport the victim from Nigeria to the U.S. Once here, Sandra Nsobundu took the victim’s passport and copies of her bank statement. The defendants then concealed, removed and possessed the woman’s passport and visa with the intent to violate the forced labor statute. As part of their pleas, they admitted they intended to prevent and restrict, without lawful authority, the victim’s liberty and ability to move and travel in order to maintain her labor and services. 

The couple knowingly unlawfully obtained the labor and services of this woman from on or about Sept. 29, 2013, to Oct. 10, 2015. Throughout the period she worked for defendants, the victim was not permitted to have her passport or visa. The Nsobundus knowingly enacted a scheme intended to cause the woman to believe that failure to perform the labor and services would result in serious harm to her. They also threatened abuse of law and the legal process. The scheme included not paying the victim and restricting her movement to the defendants’ residence or two short walks per day around the block with the children. They also frequently yelled at, scolded and berated the victim for moving too slowly or failing to care for the children in the manner they wanted. In addition, the Nsobundus threatened to send the woman back to Nigeria if she did not comply with their labor demands.   

The Nsobundus had previously agreed to pay the victim 20,000 Nigerian nairas-$100 U.S. per month. The Nsobundus never paid the victim for any of her work here in the United States.

The victim was rescued Oct. 10, 2015, after more than two years with Nsobundus in the U.S. following a tip to the National Human Trafficking Resource Center.

“Labor trafficking often hides in plain sight,” said Patrick. “Suburban neighbors saw something was out of place and listened to their instincts when stories did not add up. They brought this case to light. We need the public’s help to notify law enforcement. If you see something, say something. A simple phone call ended this victim’s bondage.”

The Human Trafficking Rescue Alliance (HTRA) conducted the investigation. HTRA law enforcement includes members of the FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Houston Police Department, sheriff’s offices in Harris and Montgomery counties, Texas Alcoholic and Beverage Commission, Texas Attorney General’s Office, Department of State, Department of Labor, IRS and the Texas Department of Public Safety.

Established in 2004, the United States Attorney’s office in Houston formed the HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as a national model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses. In 2016, the Human Trafficking Rescue Alliance received $1.5 million in federal funds from the Bureau of Justice Assistance and the Office for Victims of Crime through the Enhanced Collaborative Model Anti-Human Trafficking Task Force Program, which provides funding to investigate and prosecute cases of human trafficking and provide services to victims.

Assistant U.S. Attorney (AUSA) Julie N. Searle and former AUSA Ruben R. Perez prosecuted the case. AUSA Martha Minnis and legal assistants Christina Hill, Kimmie Logan and Corey Richardson were responsible for the recovery of the restitution.

 

Two West Virginia men indicted on sex offender registry violations

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MARTINSBURG, WEST VIRGINIA – A Hampshire County, West Virginia, man and a Monongalia County, West Virginia, man were indicted this week by a federal grand jury on sex offender registration violations, United States Attorney Bill Powell announced.

Anthony Dale Helton, of High View, age 50, was indicted on one count of “Failure to Register.” Helton, who had previously been convicted of a sex offense in South Carolina, is accused of traveling across state lines without updating his sex offender registration, as required by law, in November and December 2017 in Hampshire County. 

In a separate case, Robert W. Tucker, Jr., of Star City, age 43, was indicted on one count of “Failure to Update Sex Offender Registration.” Rucker is accused of traveling from Monongalia County, West Virginia to South Carolina and North Carolina, without updating his registry, as required by law, in August 2016 and September 2017.

Helton and Tucker each face up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the Helton case on behalf of the government. Assistant U.S. Assistant U.S. Attorney Sara E. Wagner is prosecuting the Tucker case on behalf of the government. The United States Marshals Service investigated both cases.

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


Buffalo Man Sentenced On 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 Brett Schultz, 39, of Buffalo, NY, who was convicted of attempted receipt of child pornography, was sentenced to 87 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that the defendant engaged in an online conversation with an individual he believed was a 15 year old high school girl. The individual was actually an undercover law enforcement officer.

Shortly into their conversation, Schultz asked the undercover officer, “so how old are you really?” The undercover officer replied, “I’m almost 16.” After discovering the undercover officer was a minor, the defendant requested sexually explicit images and pictures. Schultz then requested to the meet with the undercover officer at which time he was arrested.

The 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.

Morgantown woman indicted on heroin distribution charges

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CLARKSBURG, WEST VIRGINIA – A Morgantown woman was indicted this week by a federal grand jury on heroin trafficking charges, United States Attorney Bill Powell announced.

Lori Murphy, age 28, was indicted on two counts of “Distribution of Heroin within 1000 feet of Protected Location” and two counts of “Distribution of Heroin.” Murphy is accused of distributing  heroin, twice near North Elementary School, in April, July, and August of 2017 in Monongalia County. 

Murphy faces up to 40 years incarceration and a fine of up to $2,000,000 for each of the counts involving distribution near a school and faces up to 20 years a fine of up to $1,000,000 for the other two distribution counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.

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

Pennsylvania Man Pleads Guilty To Production Of Child Pornography

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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 Thomas A. Gillespie, 44, of East Brady, PA, pleaded guilty to production of child pornography, before U.S. District Judge Elizabeth A. Wolford. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of life, and a fine of $250,000.

Assistant U.S. Attorneys Scott S. Allen, Jr. and Russell T. Ippolito, Jr., who are handling the case, stated that between July 2014 and August 7, 2014, the defendant began communicating with a minor under the age of 12 in Cheektowaga, NY, via instant messaging on Vine.com. The communications were sexually graphic in nature, and involved the defendant coercing the minor victim into sharing sexually explicit images of herself.  A search warrant was executed at the defendant’s apartment in East Brady where federal agents recovered Gillespie’s computer. A forensic examination recovered images of the minor victim, including one nude image of the victim.  

The plea is the result of an investigation by detectives from the Cheektowaga Police Department, under the direction of Chief David Zack, and the Federal Bureau of Investigation, under the direction of Kevin P. Lyons, Acting Special Agent-in-Charge.

Sentencing is scheduled for July 12, 2018, at 2:30 p.m. before Judge Wolford.

Marion County man and Harrison County man indicted on firearm charges

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CLARKSBURG, WEST VIRGINIA – A Marion County, West Virginia, man and a Harrison County, West Virginia, man were indicted this week by a federal grand jury on unlawful firearm possession charges, United States Attorney Bill Powell announced.

William D. Fulmer, of Rivesville, age 62, was indicted on one count of “Unlawful Possession of a Firearm.” Fulmer, who had previously been convicted of crimes in Venango County, Pennsylvania, is accused of having a .308 caliber rifle in July 2017 in Marion County. 

In a separate case, Christopher Dent, of Bridgeport, age 32, was indicted on one count of “Unlawful Possession of a Firearm.” Dent, who had previously been convicted of crimes in New Jersey, is accused of having a 9mm caliber pistol in May 2017 in Harrison County.

Fulmer and Dent each face up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Sarah E. Wagner is prosecuting the Fulmer case on behalf of the government. Assistant U.S. Attorney Zelda E. Wesley is prosecuting the Dent case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated both cases. Bridgeport Police Department assisted in the Dent investigation.

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

Lockport Woman Pleads Guilty To 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 Kathyln Ventura, 25, of Lockport, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, controlled substances. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that in late December 2014, the defendant became a drug runner for Oliver Kimmons, who is named in a separate indictment on charges of narcotics distribution and human sex trafficking. Ventura drove Kimmons’s vehicle to conduct drug deals on his behalf.

On January 21, 2015, the defendant sold crack cocaine to a confidential source working for the DEA. On January 30, 2015, the defendant met with an individual identified as H.C. at a bowling alley in Lockport, New York and sold drugs to H.C. H.C. died hours later from a fentanyl overdose.

On February 12, 2015, the Niagara County Drug Task Force executed a New York State search warrant on Kimmons’s car which Kimmons was driving. The defendant was a passenger. Law enforcement officers seized fentanyl from inside the car. Kimmons and Ventura were arrested.
 
On March 4, 2015, a DEA confidential source again bought crack cocaine as well as heroin from the defendant.

Charges are pending against Oliver Kimmons. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Lockport Police Department, under the direction of Chief Michael Niethe, and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.

Sentencing is scheduled for June 7, 2018, at 11:30 a.m. before Judge Geraci.

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