Jackson, Miss. – Thomas Wheeler, 33, a former Hattiesburg, Mississippi, police officer, was sentenced yesterday by U.S. District Judge Henry T. Wingate to 61 months in federal prison and a $1,500 fine for attempted possession of 50 kilograms or more of marijuana with the intent to distribute, announced U.S. Attorney Mike Hurst and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Freeze.

On August 8, 2015, a Mississippi Highway Patrol Trooper stopped a commercial truck exiting Interstate 20 in Warren County. After observing suspicious activity, a police dog was walked around the vehicle and alerted on the truck. The Trooper obtained consent from Elijah Moore, the driver of the truck, to search the vehicle.

Upon searching the truck, officers found 8 duffle bags containing bricks of marijuana. Subsequently, Moore admitted that he obtained the marijuana from El Paso, Texas, and was transporting it to Mississippi in order to distribute it within the state. Moore also stated that he had exited the ramp to meet his grandson, Thomas Wheeler. Moore stated that Wheeler had agreed to unload the duffle bags of marijuana and transport them to Seminary, Mississippi, to be picked up by Moore at a later date. Wheeler was an off-duty Hattiesburg police officer at the time.

Elijah Moore subsequently pled guilty to possession with intent to distribute marijuana, and was sentenced on March 2, 2017, to 97 months in federal prison and a $1,500 fine.

At the time of the stop of Moore, agents saw a maroon Chevrolet SUV with a Covington County license plate parked on the off-ramp on which Moore’s truck was stopped. Moments after the stop, the maroon Chevrolet left the area on Interstate 20 heading towards Jackson. A traffic stop was later conducted on the maroon Chevrolet and the sole occupant of the vehicle was identified as Thomas Wheeler. Wheeler admitted that he had come to the location to obtain the marijuana from Moore and that Moore would pick the marijuana up from Wheeler later. Wheeler also admitted to having picked up another load of marijuana from Moore and paid $3,000.00.

This case was investigated by the FBI Safe Streets Task Force, with assistance from the Mississippi Highway Patrol and the Pearl Police Department. The case was prosecuted by Assistant U.S. Attorney Carla Clark.

Earlier today, in federal court in Brooklyn, Muhanad Mahmoud al Farekh, an American citizen born in Houston, Texas, was sentenced to 45 years’ imprisonment by United States District Judge Brian M. Cogan following his September 29, 2017 trial conviction of multiple offenses covering seven years of terrorist conduct, including conspiracy to murder American military personnel in Afghanistan, conspiracy to use a weapon of mass destruction, conspiracy to bomb a government facility, and providing material support to al-Qaeda. 

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

“Farekh, a citizen of this country, turned his back on America by joining al-Qaeda and trying to kill American soldiers in a bomb attack on a U.S. military base in Afghanistan.” stated United States Attorney Donoghue.  “This case demonstrates that we will do everything in our power to ensure that those who seek to harm our country and our armed forces will be brought to justice.”  Mr. Donoghue extended his grateful appreciation to the FBI’s Joint Terrorism Task Force (JTTF), which comprises a large number of federal, state, and local agencies from the region. 

“With the sentence handed down today, al Qaeda terrorist Muhanad Mahmoud Al Farekh is being held accountable for his crimes.  Farekh – an American citizen – traveled overseas, joined al Qaeda, and conspired to kill Americans, including through an attack using explosive devices on a U.S. military installation in Afghanistan in 2009,” said Assistant Attorney General Demers.  “Across the globe, the National Security Division will continue to relentlessly pursue and bring to justice those who seek to harm Americans, including our brave servicemen and women who risk their lives in defense of our nation.  I applaud the efforts of the many agents, analysts, and prosecutors who are responsible for this successful result.”

 “Today’s sentencing shows that justice prevails even when terrorist acts are committed in distant foreign locales yet impact American citizens and interests,” stated FBI Assistant Director-in-Charge Sweeney.  “The FBI New York Joint Terrorism Task Force remains dedicated to investigating and bringing terrorists to justice wherever they are.  I would like to thank all of our partner agencies for their continued cooperation and dedication.”

As proven at trial, in March 2007, Farekh and two co-conspirators, all of whom were students at the University of Manitoba, departed Canada for Pakistan with the intention of fighting against American forces overseas.  Before traveling overseas, Farekh and his co-conspirators watched video recordings encouraging violent jihad, listened to jihadist lectures by now-deceased al-Qaeda in the Arabian Peninsula leader Anwar al-Awlaqi, and came to embrace a violent, extremist view of Islam. 

Farekh and his co-conspirators traveled to the Federally Administered Tribal Areas of Pakistan, an area in the northern part of Pakistan that borders Afghanistan and is home to al-Qaeda’s base of operations, where they joined and received training from al-Qaeda.  Taking advantage of his familiarity with the West, Farekh became a member of, and ultimately ascended to, a leadership role within al-Qaeda’s external operations group, which specialized in planning and executing attacks against the United States and its Western allies. 

In January 2009, Farekh helped to build a vehicle-borne, improvised explosive device (VBIED) that was used in an attack on Forward Operating Base Chapman (FOB Chapman), a U.S. military installation that served as the base for the U.S. Provincial Reconstruction Team in Khost, Afghanistan.  On January 19, 2009, two explosives-laden vehicles approached the fence line of FOB Chapman.  At the gate, the first vehicle, a pickup-sized truck, exploded after its operator detonated the VBIED.  The second vehicle, a truck that was carrying approximately 7,500 pounds of explosives, became stuck in the blast crater caused by the first explosion.  The driver abandoned his vehicle without detonating the VBIED, and was shot and killed by local security personnel.  The initial detonation of the first vehicle injured one U.S. serviceman and numerous Afghan nationals.  Forensic technicians recovered 18 latent fingerprints that were determined to be a match to Farekh from adhesive packing tape used to bind together the explosive materials of the second, undetonated VBIED. 

The government’s case is being handled by the Office’s National Security & Cybercrime Section.  Assistant United States Attorneys Richard M. Tucker, Douglas M. Pravda and Saritha Komatireddy, along with Trial Attorney Alicia Cook of the National Security Division’s Counterterrorism Section, are in charge of the prosecution.

The Defendant:

MUHANAD MAHMOUD AL FAREKH
Age: 32
Nationality: United States

E.D.N.Y. Docket No. 15-CR-268 (S-2)

“Joseph Percoco was found guilty of taking over $300,000 in cash bribes by selling something priceless that was not his to sell – the sacred obligation to honestly and faithfully serve the citizens of New York.  As every schoolchild knows, but he corruptly chose to disregard, government officials who sell their influence to select insiders violate the basic tenets of a democracy.  We will continue relentlessly to bring to justice those public officials who violate their oaths by engaging in this especially offensive misconduct.”

PITTSBURGH - A resident of Allegheny County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of distribution, receipt and possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.

The three-count indictment, returned on March 6 and unsealed today, named Shawn O’Brien, 47, of Pittsburgh, Pennsylvania, as the sole defendant.

According to the indictment, from May 17, 2016 to May 18, 2016, O’Brien knowingly distributed images in computer graphic files containing material depicting the sexual exploitation of a minor. The indictment also alleges that on May 17, 2016, O’Brien received images in computer graphic files containing material depicting the sexual exploitation of a minor. The indictment further alleges that on June 8, 2016, O’Brien possessed images and videos in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age.

The law provides for a maximum total sentence of 50 years imprisonment, a maximum term of lifetime supervised release, and a fine of $750,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation, the Allegheny County District Attorney Investigations Unit, the Allegheny County Police Department, the Pennsylvania Attorney General’s Office and the Allegheny County Sheriff’s Office conducted the investigation leading to the Indictment in this case.

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

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, please visit www.justice.gov/psc.

PITTSBURGH - A Pennsylvania resident and a Florida resident pleaded guilty in federal court to charges of mail fraud and engaging in monetary transactions in property derived from specified unlawful activity, United States Attorney Scott W. Brady announced today.

Shane McFall, 33, of Fort Lauderdale, Florida, and Michael McDavid, 33, of Pittsburgh, pleaded guilty to two counts before United States District Judge Mark R. Hornak.

In connection with the guilty plea, the court was advised that McFall and McDavid owned and operated 412Flip, a pawn/resale shop in downtown Pittsburgh. McFall and McDavid knowingly and willfully purchased health and beauty aids (HBAs) stolen by opioid dependent individuals from various commercial retailers, such as Rite-Aid, Walmart and Giant Eagle, for pennies on the dollar. The stolen HBAs were then resold through Amazon.

Judge Hornak scheduled sentencing for July 29, 2018 at 9:30 a.m. for McFall and 11 a.m. for McDavid. The law provides for a total sentence of 30 years in prison, a fine of $500,000 or both for each defendant. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.

The Internal Revenue Service – Criminal Investigation, United States Postal Inspection Service, Federal Bureau of Investigation, Pennsylvania Office of Attorney General, City of Pittsburgh Bureau of Police, Shaler Township Police Department and Ross Township Police Department conducted the investigation that led to the prosecution of McFall and McDavid.

WHEELING, WEST VIRGINIA – William A. Novick, of McMechen, West Virginia, was sentenced today to 15 months incarceration for fentanyl distribution, United States Attorney Bill Powell announced.

Novick, age 35, of McMechen, pled guilty to one count of “Distribution of a Fentanyl in Proximity to a Protected Location” in September 2017. Novick admitted to selling fentanyl near Center McMechen Elementary School in Marshall County in February 2017.

Assistant U.S. Attorney Robert H. McWilliams, Jr., prosecuted the case on behalf of the government. The Marshall County Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated. 

U.S. District Judge John Preston Bailey presided.
 

Gulfport, Miss. – Wilson Walberto Clemente-Perez, 27, a citizen of Guatemala, was sentenced today to 4 months in federal prison for illegally re-entering the United States after being lawfully removed, announced U.S. Attorney D. Michael Hurst, Jr., and Thomas M. Annello, Special Agent in Charge of the U.S. Immigration and Customs Enforcement's (AICE@) Homeland Security Investigations (AHSI@) in New Orleans, Louisiana. Clemente-Perez also faces Department of Homeland Security removal proceedings.

Further, Clemente-Perez was sentenced to 1 year of supervised release during which time he could face additional penalties if he were to unlawfully return to the United States, in addition to any other penalty. As a result of this felony conviction, if Clemente-Perez were to unlawfully return again to the United States, he could face up to 10 years in federal prison. Clemente-Perez was convicted after pleading guilty on January 26, 2018, before U.S. District Judge Louis Guirola, Jr., in Gulfport.

On November 5, 2017, a Honda CRV in which Clemente-Perez was a passenger was stopped by a Pearl River County Sheriff’s Deputy on Interstate-59 in Pearl River County, Mississippi, for speeding. While the Honda CRV was designed to seat five people, the deputy observed that, in addition to the driver, there were five unidentified passengers. The driver could not identify his passengers and the deputy could not communicate with the passengers due to a language barrier. Suspecting human smuggling, the deputy contacted the Department of Homeland Security and a special agent with Homeland Security Investigations was dispatched. A Mississippi Highway Patrol State Trooper also provided assistance.

Upon opening the Honda CRV’s cargo door, three additional passengers were found covered in the cargo area of the vehicle bringing the total number of occupants in the vehicle to nine including the driver. Clemente-Perez was one of the passengers in the cargo area. All of the vehicle occupants were taken to the Pearl River County Jail. Further investigation by Homeland Security Investigations revealed that Clemente-Perez previously had been removed from the United States on September 28, 2017, by the Department of Homeland Security after a lawful order of removal had been issued.

The driver of the vehicle was identified as Emerson Isaac Hernandez-Turcios, age 26, a citizen of Honduras, and a Legal Permanent Resident of the United States. On January 5, 2018, Hernandez-Turcios pleaded guilty to Conspiracy to Transport Illegal Aliens Within the United States, and is scheduled to be sentenced on April 5, 2018, before U.S. District Judge Sul Ozerden. Hernandez-Turcios faces up to 10 years in federal prison, plus 3 years of supervised release, a $250,000.00 fine, and $5,100.00 in special assessments.

U.S. Attorney Hurst praised the cooperation exhibited by the Department of Homeland Security, Homeland Security Investigations, the Pearl River County Sheriff’s Department and the Mississippi Highway Patrol. Assistant United States Attorney Stan Harris was the prosecutor for the case.

FOR IMMEDIATE RELEASE                                                      ContactELIZABETH MORSE

www.justice.gov/usao/md                                                                at (410) 209-4885

Baltimore, Maryland – A federal grand jury has indicted Antonio Johnson, age 49, of Baltimore, Maryland, today on ten counts of Hobbs Act robbery. 

The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Commissioner Darryl DeSousa of the Baltimore Police Department.

According to the 10-count indictment, between January 23, 2018 and February 12, 2018, Johnson robbed ten Baltimore restaurants at gunpoint. Johnson is currently detained.

Johnson faces a maximum sentence of 20 years in prison for the robberies. 

An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. 

Acting United States Attorney Stephen M. Schenning commended the FBI and the Baltimore City Police Department for their work in the investigation.  Mr. Schenning thanked Assistant U.S. Attorney Matthew DellaBetta who is prosecuting the case.

TRENTON, N.J. – A Point Pleasant, New Jersey, man today admitted that he planned to construct and use a pressure cooker bomb in New York on behalf of the Islamic State of Iraq and al-Sham (ISIS), U.S. Attorney Craig Carpenito and Assistant Attorney General for National Security John C. Demers announced.

Gregory Lepsky, 20, pleaded guilty before U.S. District Court Judge Michael Shipp in Trenton federal court to an information charging him with one count of attempting to provide material support to a designated foreign terrorist organization, specifically ISIS.

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

On Feb. 21, 2017, Lepsky was arrested by the Point Pleasant Police Department in connection with an incident that occurred that day in his family’s home. Following the arrest, law enforcement officers searched the residence and found a new pressure cooker stored behind a roll of bubble wrap in Lepsky’s bedroom closet.

During searches of computers and other digital evidence linked to Lepsky, law enforcement officers found evidence of Lepsky’s plan to build and detonate a bomb as part of his support for ISIS. During several social media communications, Lepsky told others that he intended to fight on behalf of ISIS and that he would, if necessary, become a martyr by driving a “bunch of explosives” to where the “enemies” could be found and blowing himself up.

Law enforcement officers also located a series of instructions that had been published online by another terrorist group that gave specific, step-by-step instructions on how to build a pressure cooker bomb, which coincided with the delivery of the pressure cooker to Lepsky a short time before his arrest. In addition, law enforcement officers recovered a message forwarded by Lepsky from another ISIS supporter stating that if a westerner could not travel to Syria to fight for ISIS, he could conduct a terrorist attack in his home country using improvised explosive devices.

During today’s plea hearing, Lepsky admitted that beginning in January 2017, he began to formulate a plan to detonate the pressure cooker bomb in New York City on behalf of ISIS. Lepsky admitted that he used the internet to access ISIS directives, obtain bomb-making instructions, and purchase the pressure cooker and other items to be used in the attack.

Under the terms of the plea agreement, if accepted by the Court, Lepsky will be given a sentence between 16 and 19 years in prison and a lifetime term of supervised release. Sentencing is scheduled for June 19, 2018.

U.S. Attorney Carpenito and Assistant Attorney General Demers credited the FBI and the Joint Terrorism Task Force, under the direction of Special Agent in Charge Timothy Gallagher in Newark; the N.J. State Attorney General’s Office under the direction of Attorney General Gurbir Grewal; the Ocean County Prosecutor’s Office, under the direction of Prosecutor Joseph Coronato; the Point Pleasant Police Department under the direction of Chief Richard P. Larsen; and the N.J. Office of Homeland Security and Preparedness under the direction of Director Jared Maples, with the investigation.

The government is represented by Assistant U.S. Attorney James Donnelly of the U.S. Attorney’s Office Criminal Division in Newark and Trial Attorney Justin Sher of the National Security Division’s Counterterrorism Section.

Defense counsel: Lisa Mack Esq., Assistant Federal Public Defender, Newark

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Robert Christopher McCoy, age 23, of Columbia, South Carolina and Terrone J. Anderson, age 21, of Columbia, South Carolina were sentenced to 115 months and 96 months respectively in Federal District Court today. McCoy previously entered a guilty plea to Felon in Possession of a Firearm, in violation of 18, U.S.C. § 922(g).  Anderson previously entered a guilty plea to Possession With Intent to Distribute 50 grams or more of a Methamphetamine mixture, in violation of 21 U.S.C § 841.  United States District Judge Terry L. Wooten, of Columbia, accepted the guilty pleas and imposed their sentences today at the Matthew Perry Federal Courthouse in Columbia.

Evidence presented at the change of plea hearing established that on September 22, 2017, Robert McCoy and Terrone Anderson were traveling in a car near Bradley Drive and Robin Road in the Columbia, when Columbia Police Officers observed them smoking marijuana in the vehicle.  After a traffic stop was conducted, Anderson was found to be in possession of two pills in his pants.  A search of the vehicle revealed an additional 800 pills in the center console of the vehicle and a 9-millimeter semi-automatic handgun in the floorboard.  During the guilty plea, McCoy admitted that he knowingly and intentionally possessed the firearm.  Prior to possessing the firearm, McCoy has previously been convicted of multiple South Carolina convictions for Burglary, Criminal Conspiracy, Discharging a Firearm Into an Occupied Vehicle, Unlawfully Carrying a Pistol, Assault and Battery and others.  Anderson admitted to knowingly possessing all the pills, which were lab tested and confirmed to be approximately 300 grams of a methamphetamine mixture. Anderson further admitted that he intended to sell the pills for profit.  Anderson has previously been convicted of Accessory After the Fact to Felony and Threatening the Life of a Public Official.  It was noted at the guilty plea that Anderson was on state parole for those state prior convictions at the time of the federal drug trafficking crime.

This case was expedited for federal prosecution pursuant to Operation “Real Time.”  McCoy and Anderson were arrested on September 22, 2017, and just 68 days later, they pled guilty to the above charges.  They have been in continuous custody since their arrest on September 22, 2017, and they will remain in custody until they serve out their federal sentences.

The goal of the “Real Time” program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the community.  “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors.  Since August of 2015, the initiative, state-wide, has resulted in the expedited federal prosecution of over 150 defendants and seizure of over 200 firearms as well as assorted ammunition from prohibited persons in the upstate.

U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together.  This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities. Columbia Chief Holbrook is a leader here, using our Real Time partnership in combination with his community policing focus for a safer Columbia.”

The case was investigated by agents of the Columbia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney JD Rowell of the Columbia office prosecuted the case.

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            WASHINGTON – Dominique Williams, 24, of Washington, D.C., has been found guilty by a jury of murder and other charges in the 2015 drive-by killing of a man in Southeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            Williams was found guilty on March 12, 2018, of second-degree murder while armed, assault with a dangerous weapon, and related firearms offenses. A co-defendant, Maricco Knight, 25, of Washington, D.C., was found guilty by the jury of acting as an accessory after the fact and obstruction of justice for his role in assisting Williams while Williams was evading law enforcement prior to his arrest. The verdicts followed a trial in the Superior Court of the District of Columbia. The Honorable Judith Bartnoff scheduled sentencing for both defendants to take place on May 11, 2018.

            According to the government’s evidence, on Sept. 19, 2015, shortly after 1 a.m., Williams, Knight and another man pulled over a Honda Accord in the 3200 block of 28^th Street SE. Williams was in the rear passenger seat, Knight was in the front passenger seat, and the third man was driving. A short distance away from the Accord, gathered in an alley, were three men and an 11-year-old boy.  Williams had earlier disputes with persons who resided or sometimes gathered in the block, but none of those persons was among the group in the alley.

            After the Accord pulled over, Williams leaned out of the car and fired eight shots from a 9-millimeter handgun at the group.  One person was hit – Marcellus Green, 39. He was shot once and was declared dead about an hour later. The three people in the Accord drove off.

            MPD officers were on the scene within a few minutes.  Witnesses gave the police a description of the Accord and its license plate number.  At about 1:40 a.m., an officer in a marked MPD cruiser spotted the Accord, still occupied by the three men, in a different neighborhood.  Before the officer could even activate his emergency equipment, the Accord began to drive off at a high rate of speed.  After a 20-minute chase, during which the 9-millimeter handgun was tossed out, the Accord crashed and all three occupants fled on foot. Within two minutes, the driver and Knight were stopped.

            Williams, however, got away. An arrest warrant was issued for him three months later and he was ultimately apprehended on July 20, 2016, at the residence of Knight’s girlfriend.  During the search for Williams, according to the government’s evidence, Knight assisted in helping Williams hide out despite the fact that he was told repeatedly by law enforcement that Williams was wanted for the murder.

            In announcing the verdicts, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They 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; Litigation Technology Specialist Leif Hickling; Paralegal Specialist Alesha Matthews; Investigative Analyst Zachary McMenamin; former Supervisory Victim/Witness Services Coordinator David Foster; Victim/Witness Security Specialist Lesley Slade; Victim/Witness Advocate Marcia Rinker, and Interns Korey Johnson and Shani Brown.

            Finally, they commended the work of Assistant U.S. Attorney Michael Liebman who investigated and prosecuted the case, and Assistant U.S. Attorney Ahmed Baset, who prosecuted the case.

Fort Worth, Texas – Yesterday, U.S. District Judge Reed O’Connor convicted Nygul Anderson, 19, and Albert Gonzalez, 18, of two additional counts for their role in an extortion and kidnapping scheme that occurred in Fort Worth in October 2017, announced Erin Nealy Cox, U.S. Attorney for the Northern District of Texas.

On March 2, 2018, following a one-day trial, Judge O’Connor convicted the two men of one count of conspiracy to use an interstate facility to commit a travel act violation. At that time, Judge O’Connor reserved ruling on the two remaining counts. Yesterday, Judge O’Connor convicted Anderson and Gonzalez of one count of conspiring to possess extortion proceeds and one count of attempted money laundering.

Sentencing for both defendants is scheduled for June 25, 2018. They face a maximum penalty of 30 years in prison and a fine of $750,000. 

According to the evidence presented at trial and the documents filed in this case, on September 22, 2017, a victim began receiving threatening calls from an unrecognizable Mexican telephone number.  The caller stated he had kidnapped the victim’s two brothers in Rioverde, San Luis Potosi, Mexico and demanded $300,000 or they would be killed.  The next day the ransom demand was lowered to $40,000 and then again to $20,000.  Instructions were given to deliver the money, once the money was delivered the caller disclosed the location of the brothers and they were found tied up in a motel room in Rioverde, San Luis Potosi, Mexico.

On September 29, 2017, the same victim received another call from the same Mexican telephone number demanding an additional $100,000 or else they would kidnap the brothers again and kill them.  The deadline for the second ransom drop was Friday, October 13, 2017. 

On October 13, 2017, the kidnappers in Mexico and the victim agreed to a location at a Home Depot in Fort Worth for the money drop.  At approximately 4:30 p.m., a controlled money drop was made at the agreed upon meeting location. 

Shortly thereafter, four individuals – Anderson, Gonzalez, Fernando Cabrera (who previously pled guilty), and a 17 year-old minor – were arrested as they attempted to collect the ransom money.

During trial, the government proved that these four individuals believed that they were collecting $20,000 in unlawful proceeds.  The four conspirators had met in McAllen, Texas, and then drove to Houston, then to Dallas, and then to Fort Worth in an attempt to collect the money.  These four conspirators communicated with other conspirators in Mexico during the trip about the location of the money pick, the amount of money to be retrieved, and precautions that should be taken to avoid detection.  

The FBI and the North Richland Hills Police Department investigated the case.  Assistant U.S. Attorneys P.J. Meitl and Chris Wolfe prosecuted.

# # #

BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that Timothy Fields, 40, of Charlotte, was sentenced to 30 months in federal prison for distribution of hydromorphone. Fields pled guilty in November, admitting that on January 18, 2017, he distributed a quantity of hydromorphone to a confidential informant in Bluefield.  He also admitted that he distributed hydromorphone and cocaine base on other occasions, and that he manufactured a quantity of cocaine base, all as charged in the indictment.  Stuart commended the investigative efforts of the Southern Regional Drug and Violent Crime Task Force.

“The illegal trafficking of prescription opioids and other dangerous drugs has devastated our southernmost counties.  My Office will continue to fight for West Virginia families struggling with opioid addiction by aggressively prosecuting those responsible for distributing them throughout our communities,” said United States Attorney Mike Stuart.  

Senior United States District Judge David A. Faber imposed the sentence in federal court in Bluefield.  The case was investigated under the Bluefield Pill Initiative, part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs.  The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.  Assistant United States Attorney John File prosecuted the case.

Follow us on Twitter: @SDWVNewsand @USAttyStuart 
 
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            WASHINGTON – Darryl Smith, 44, the self-identified manager of a Southeast Washington barbershop, has been indicted on federal charges stemming from an investigation into alleged drug trafficking at the business and in the surrounding area.

            The charges were announced today by U.S. Attorney Jessie K. Liu, Thomas L. Chittum III, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            Smith, of Washington, D.C., is among three defendants charged with various offenses following the investigation into alleged drug trafficking from the Next Level Cuts barbershop and surrounding property in the 2400 block of Martin Luther King, Jr. Avenue SE. He was arraigned on March 12, 2018, in the U.S. District Court for the District of Columbia on a superseding indictment filed earlier this month that charges him with firearms and narcotics offenses. He pled not guilty to the charges and remains held pending further court proceedings.

            The indictment includes narcotics and weapons offenses related to Smith’s arrest on Dec. 24, 2017, by the Metropolitan Police Department in the 2400 block of Martin Luther King, Jr. Avenue SE. On that date, he was allegedly in the possession of a loaded firearm and packaged capsules of fentanyl after he fled officers following a drug transaction on the street. Additionally, Smith faces PCP drug trafficking and other charges stemming from a search warrant that was executed on Feb.1, 2018 at the business. During the search, law enforcement recovered three firearms from the barbershop and adjoining property, more than $7,000 in cash, more than 800 grams of PCP, more than 300 grams of heroin, and boxes of Suboxone strips.

            Anthony Fields, 44, of Washington, D.C., also was arrested and charged by indictment last month in the U.S. District Court for the District of Columbia with drug trafficking offenses arising from the Feb. 1, 2018 seizure. He has pled not guilty and also remains held.

            The third defendant, James Venable, 46, of Fort Washington, Md., was indicted last month in the U.S. District Court for the District of Columbia on narcotics and firearms charges. Venable also is charged by complaint in the U.S. District Court for the District of Maryland after law enforcement recovered a loaded firearm from his Maryland residence on Feb. 1, 2018. He, too, has pled not guilty and remains held pending further court proceedings.

            The charges in indictments and complaint are merely allegations, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

            In announcing the arrests and indictments, U.S. Attorney Liu, Special Agent in Charge Chittum, and Chief Newsham commended the work of those who are investigating the case. They also acknowledged the efforts of those who are handling the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorney Christopher Macchiaroli.

TOPEKA, KAN. – A Kansas City man was sentenced Tuesday to 24 years and six months in federal prison for trafficking methamphetamine in Topeka, U.S. Attorney Stephen McAllister said.

Marco Antonio Cortes-Gomez, 42, Kansas City, Mo., was found guilty in a jury trial on one count of conspiracy to distribute methamphetamine and one count of attempted possession with intent to distribute methamphetamine. During trial, prosecutors presented evidence that over a three-year period Cortes-Gomez distributed no less than 66 pounds of methamphetamine to buyers in Topeka.

The investigation began in 2015 when the Kansas Highway Patrol stopped a car in Ellis County that was bound for Topeka carrying about five pounds of methamphetamine. Investigators set up a controlled delivery at a Walmart parking lot in Topeka, where Cortes-Gomez was arrested when he attempted to pick up the load.

At trial, prosecutors presented testimony from witnesses who said Cortes-Gomez delivered one-pound and two-pound quantities of methamphetamine to them on a regular basis.

McAllister commended the Drug Enforcement Administration, the Kansas Highway Patrol, the Topeka Police Department and Special Assistant U.S. Attorney Skip Jacobs for their work on the case.

PHILADELPHIA – Timothy Smith, 37, of Philadelphia, was charged today by indictment^[1] with possession of a firearm by a convicted felon, announced United States Attorney Louis D. Lappen.  According to the indictment, on November 25, 2017, Smith was in possession of a Hi-Point, Model C-9, 9mm pistol, with obliterated serial number raised to read P1650136, loaded with 6 live rounds.

If convicted, Smith faces a minimum term of fifteen years in prison, up to three years of supervised release, a $250,000 fine, and a $100 special assessment.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  It is being prosecuted by Assistant United States Attorney Katherine E. Driscoll.

LEXINGTON, Ky. – According to court records unsealed today, a Paris, Ky. man was indicted on March 1, 2018, and charged with crop insurance fraud, wire fraud, and money laundering-related offenses.         

A federal grand jury in Lexington returned the indictment charging 46-year-old Ronnie Jolly with one count of conspiring to violate federal law, six counts of making false statements to influence the Federal Crop Insurance Corporation (“FCIC”) and companies the FCIC reinsures, one count of conspiracy to commit wire fraud, 21 counts of money laundering, and one count of structuring currency transactions to avoid reporting requirements.         

The indictment alleges that Jolly, an agricultural producer of tobacco, corn, and soybeans in Bath, Bourbon, Fleming, Montgomery, and Scott Counties, hid his crop production from his insurance company, in order to claim damage to his crop sufficient to trigger crop insurance indemnity payments, which are funded by the federal government through the FCIC.   The indictment alleges that he also obtained crop insurance policies, in the names of his employees, for crops that he produced.  The indictment alleges this was designed to avoid federal government scrutiny over his claims of crop damage, because he spread the damage amongst several producers.  Similarly, the indictment alleges that Jolly obtained private crop insurance policies in the names of others. 

According to the indictment, Jolly used the proceeds from crop insurance indemnity checks and fraudulent crop sales to make at least 21 bank transactions, in violation of federal money laundering statutes.  He is also alleged to have withdrawn $9,500 in cash from his bank accounts, on four consecutive days, in an effort to avoid federal bank reporting requirements.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Karen Citizen-Wilcox, Special Agent in Charge, United States Department of Agriculture Office of Inspector General; Amy Hess, Special Agent in Charge, Federal Bureau of Investigation; Christopher Altemus, Special Agent in Charge, Internal Revenue Service-Criminal Investigation; and Dwayne Depp, Director, Kentucky Department of Insurance Fraud Investigation Division, jointly announced the indictment.

The investigation preceding the indictment was conducted by the United States Department of Agriculture Office of Inspector General, United States Department of Agriculture Risk Management Agency, Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigation, and Kentucky Department of Insurance.  The indictment was presented to the grand jury by Assistant U.S. Attorneys Kathryn M. Anderson and Erin M. Roth. 

A date for Jolly to appear in court has not yet been scheduled.  For the conspiracy to violate federal law charge, Jolly faces up to 5 years in prison and a fine of $250,000.  For each charge of making false statements to the FCIC, he faces up to 30 years in prison and a fine of $1,000,000.  For the conspiracy to commit mail and wire fraud and structuring charges, Jolly faces 20 years in prison and a fine of $250,000, and for the remaining money laundering charges, Jolly faces 10 years’ imprisonment and a $250,000 fine.  However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal statutes.  

            Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

Tampa, Florida – A federal jury today found Oliver A. Santana-Garcia (33, Sarasota) guilty of being a felon in possession of a firearm. He faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for June 8, 2018. Santana-Garcia was indicted on August 30, 2016.

According to testimony presented at trial, on March 7, 2016, law enforcement officers conducted a traffic stop of Santana-Garcia and arrested him on an outstanding charge of violation of probation. During a search of the vehicle, law enforcement discovered a loaded firearm semi-automatic pistol wedged between the driver’s seat and the center console. A subsequent search warrant of Santana-Garcia’s cell phone revealed that 12 days prior to his arrest, he had taken a video of himself with the same firearm.

This case was investigated by the Federal Bureau of Investigation and the  Sarasota County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Carlton C. Gammons and Gregory T. Nolan.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Susquehanna Supply Company, Inc., of Williamsport, Pennsylvania, was charged in a criminal information of willfully committing an OSHA violation that resulted in an employee’s death.

According to United States Attorney David J. Freed, the information alleges that Susquehanna Supply Company’s primary business is bridge rehabilitation, and that in December 2014, the company contracted with the Pennsylvania Department of Transportation to rehabilitate a bridge near Eyers Grove in Columbia County.

The rehabilitation project began in June 2015, and it involved digging large trenches at each end of the bridge.  Under regulations issued by the Occupational Safety and Health Administration (“OSHA”), an employee working in a trench must be protected from cave-ins by an adequate protective system, such as sloped walls.  Cave-ins represent the greatest danger during a trenching operation and are more likely than other trenching-related accidents to result in worker fatalities. 

On July 7, 2015, a Susquehanna Supply Company employee entered a trench at one end of the bridge to remove additional soil.  The trench was approximately twelve feet deep.  Although Susquehanna Supply Company was aware of the applicable OSHA regulations, the company had not implemented a protective system in the trench.  While the employee was working, one of the trench’s vertical dirt walls collapsed, burying the employee up to his chest and crushing him against the bridge’s concrete abutment.  The collapse caused massive trauma to the employee’s upper body and killed him almost instantly.

The case was investigated by the Occupational Safety and Health Administration and is being prosecuted by Assistant U.S. Attorney Carlo D. Marchioli.

Criminal informations are only allegations.  A charged entity is presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for this offense is a $500,000 fine and a term of probation.  Under federal law, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant and protect the public.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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Jackson, Miss. – Thomas Wheeler, 33, a former Hattiesburg, Mississippi, police officer, was sentenced yesterday by U.S. District Judge Henry T. Wingate to 61 months in federal prison and a $1,500 fine for attempted possession of 50 kilograms or more of marijuana with the intent to distribute, announced U.S. Attorney Mike Hurst and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Freeze.

On August 8, 2015, a Mississippi Highway Patrol Trooper stopped a commercial truck exiting Interstate 20 in Warren County. After observing suspicious activity, a police dog was walked around the vehicle and alerted on the truck. The Trooper obtained consent from Elijah Moore, the driver of the truck, to search the vehicle.

Upon searching the truck, officers found 8 duffle bags containing bricks of marijuana. Subsequently, Moore admitted that he obtained the marijuana from El Paso, Texas, and was transporting it to Mississippi in order to distribute it within the state. Moore also stated that he had exited the ramp to meet his grandson, Thomas Wheeler. Moore stated that Wheeler had agreed to unload the duffle bags of marijuana and transport them to Seminary, Mississippi, to be picked up by Moore at a later date. Wheeler was an off-duty Hattiesburg police officer at the time.

Elijah Moore subsequently pled guilty to possession with intent to distribute marijuana, and was sentenced on March 2, 2017, to 97 months in federal prison and a $1,500 fine.

At the time of the stop of Moore, agents saw a maroon Chevrolet SUV with a Covington County license plate parked on the off-ramp on which Moore’s truck was stopped. Moments after the stop, the maroon Chevrolet left the area on Interstate 20 heading towards Jackson. A traffic stop was later conducted on the maroon Chevrolet and the sole occupant of the vehicle was identified as Thomas Wheeler. Wheeler admitted that he had come to the location to obtain the marijuana from Moore and that Moore would pick the marijuana up from Wheeler later. Wheeler also admitted to having picked up another load of marijuana from Moore and paid $3,000.00.

The case was investigated by the FBI’s Southeast Mississippi Safe Streets Task Force in Hattiesburg, which is made up of special agents from the FBI and law enforcement officers from the Office of the Mississippi State Auditor, Mississippi Bureau of Narcotics and Hattiesburg Police Department, with assistance from the Mississippi Highway Patrol and Pearl Police Department.