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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dakkar Young, 23, of Tonawanda, NY, pleaded guilty to distribution of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in May 2017, the defendant uploaded eight pictures containing child pornography onto a social networking site. In December 2017, a search warrant was executed at the Young’s home and various electronics were seized. A forensic examination of the defendant’s cell phone revealed images of child pornography as well as videos of Young sexually abusing a child under the age of 16. As part of the plea, the defendant admitted to producing child pornography of the child.

The plea is the result of an investigation by the New York State Police ICAC Task Force, under the direction of Major Edward Kennedy, and Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.

Sentencing is scheduled for July 27, 2018, at 9:30 a.m. before Judge Vilardo.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Cleophus Dentmond, aka “Face,” 28, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of, cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine, or both.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that the defendant conspired with Stevie Alejandro who operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School. Between May 2017 and October 18, 2017, the defendant participated in the cocaine conspiracy with co-defendants Alejandro, Aaron Hill, Gilbert Guzman, Catherine Ramos, and others, to distribute cocaine in the Lovejoy District. 

During the conspiracy, Alejandro conducted negotiations with an undercover law enforcement officer regarding the sale, cost, amount, and delivery of cocaine. Then, Dentmond, or one of his co-conspirators, would conduct the drug transaction with the undercover officer. All proceeds went back to Alejandro. A total of 14 cocaine sales took place with the undercover officer.

Charges are pending against defendants Hill, Guzman, and Ramos. 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 James J. Hunt, Special Agent-in-Charge, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

Sentencing is scheduled for July 25, 2018, at 1:00 p.m. before Judge Arcara.

WASHINGTON - Two Winston-Salem, North Carolina, tax return preparers pleaded guilty today to aiding in the preparation of a false tax return for an Internal Revenue Service (IRS) undercover agent, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Matthew G. T. Martin of the Middle District of North Carolina.

According to documents and information provided to the court, Kristyn Dion Daney and Rakeem Lenell Scales worked at a tax return preparation businesses named Fast Tax of Winston-Salem Inc. in Winston-Salem. Fast Tax was owned by Shannon DeWayne Patterson, who pleaded guilty to aiding in the preparation of a false tax return last November, and two other individuals.

As part of their pleas, Scales and Daney admitted that in March 2015 they assisted in preparing a false tax return for an IRS undercover agent. They further admitted that at the beginning of the 2014 tax filing season, they were instructed at training sessions held by one of the Fast Tax co-owners to manipulate the information on clients’ returns to maximize tax refunds.

In total, Daney admitted to aiding in the preparation of approximately 193 false tax returns, which claimed approximately $495,984.04 in fraudulent tax refunds. Scales admitted to aiding in the preparation of approximately 29 false tax returns, which claimed approximately $74,535.20 in fraudulent tax refunds.

U.S. District Judge Loretta C. Biggs scheduled sentencing for Sept. 11. Each defendant faces a statutory maximum sentence of three years in prison, as well as a period of supervised release, restitution and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Martin commended special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorney Robert J. Boudreau and Criminal Division Chief Clifton T. Barrett of the Middle District of North Carolina, who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

# # #

WASHINGTON – A Romanian man arrested in July 2017 after using counterfeit bank cards to withdraw cash at an ATM in Troy, N.C., was sentenced to 48 months in prison for aggravated identity theft, announced U.S. Attorney Matthew G.T. Martin for the Middle District of North Carolina.

According to documents filed with the court, North Carolina State Employees Credit Union security personnel notified the U.S. Secret Service of possible ATM skimming fraud in progress on July 18, 2017, and the Troy Police Department arrested Valeri GORNET in a vehicle near the ATM. NCSECU security personnel had seen GORNET on ATM surveillance cameras engaged in similar activity thirty minutes earlier in Mount Gilead, N.C. GORNET presented police with an identification card in the name of Geani Vales of Lithuania, but fingerprint identification later showed his true identity to be Valeri GORNET, age 28, a Romanian national admitted to the U.S. on July 23, 2016, on an H1B non-immigrant visa not to exceed a stay beyond October 10, 2016. Further investigation showed that GORNET had also used cards re-encoded with the bank account information of other people to withdraw cash from ATM’s in Jamestown and Sanford, North Carolina.

United States District Judge William L. Osteen, Jr., sentenced GORNET yesterday, April 12, 2018, to two consecutive 24-month terms of imprisonment for two violations of aggravated identity theft, 18 U.S.C. § 1028A. In addition to the prison term imposed, GORNET was ordered to serve one year of supervised release and to pay $5,000 in restitution to NCSECU.

This case was investigated by the United States Secret Service with assistance from the Troy Police Department, and prosecuted by Assistant U.S. Attorney Anand Ramaswamy, Cybercrime Prosecutor for the Middle District of North Carolina.

###

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 23-count indictment charging four defendants with conspiracy to distribute one kilogram or more of heroin and 400 grams or more of fentanyl.  Charged in the conspiracy are:

• Robert Moore, a/k/a Fonz, a/k/a Charmy, 39 of Williamsville, NY;
• Reese Moore, a/k/a Detroit, 25 of Buffalo; NY
• Kevin Abernathy, a/k/a B, 31 also of Buffalo; and
• Joshua Levine, 21 of Lancaster, NY. 

Robert Moore is also charged with five counts of causing death from the distribution of heroin and/or fentanyl and 12 counts of possession with intent to distribute, and distribution, of heroin, fentanyl, and butyryl fentanyl. Joshua Levine is charged with one count of causing death from the distribution of heroin and fentanyl and two counts of possession with intent to distribute, and distribution, of fentanyl. The additional charges against Robert Moore and Joshua Levine carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine.

In addition to the conspiracy charge, Reese Moore (Robert’s brother) is charged with three counts of distribution of fentanyl and Kevin Abernathy is charged with one count of distribution of fentanyl. Those charges carry a mandatory minimum penalty of 10 years, a maximum of life in prison, and a $10,000,000 fine.

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that according to the indictment, the defendants distributed heroin, fentanyl, and butyryl fentanyl for over two years in the City of Buffalo and surrounding areas. Many of the sales occurred on residential streets in Buffalo, in parking lots of businesses in Amherst and Lancaster, and several times at a local mall. The defendants are responsible for distributing thousands of doses of opiates and causing multiple overdoses, including the five charged deaths. The decedents include a 21-year-old Lockport woman, a 45-year-old Buffalo man, and three Lancaster men, ages 24, 31, and 36. All five were reportedly in treatment for their addictions when they relapsed and immediately overdosed from the potent fentanyl.

Robert Moore was arrested on March 16, 2017, after authorities executed a search warrant at his home on Glenwood Drive in Williamsville. Law enforcement officers recovered 200 doses of fentanyl inside the residence. Over $49,000 in cash, over $440,000 in jewelry, and a 2009 Audi S5 Quattro were also seized from Moore’s residence. 

Levine was also arrested on March 16, 2017 following the execution of a search warrant at his residence on Aurora Street in Lancaster. Officers recovered 26 doses of fentanyl inside his residence. 

Robert Moore and Joshua Levine have been detained since their arrest in March 2017. Reese Moore and Kevin Abernathy were arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy. They are being held pending a detention hearing on April 17, 2018 at 2:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder.

In a separate case, a federal grand jury has returned a second superseding indictment charging Oliver Kimmons, a/k/a Ollie, a/k/a Ali, 49, of Lockport NY, with distribution of fentanyl causing death, conspiracy to distribute heroin and fentanyl, possession of heroin, fentanyl, and cocaine with intent to distribute, maintaining two drug-involved premises and human sex trafficking. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life and a $20,000,000 fine.
Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that according to the second superseding indictment, on January 30, 2015, the defendant distributed fentanyl which resulted in the death of an individual identified as “H.C.”

Kimmons was previously indicted on other drug and sex trafficking charges. According to the previous indictment, over the course of three years, the defendant solicited young, opiate-addicted women to have sex with paying customers. In exchange, Kimmons provided the victims with drugs. The defendant drove the victims to farms, dairies, and Indian Reservations in Western New York where they engaged in sex acts with paying customers. Kimmons collected the money from customers and then “paid” his victims in heroin. The defendant also had sex with the victims in exchange for drugs.   

“All told, at least six people lost their lives as a result of the conduct charged in these indictments,” said U.S. Attorney Kennedy. “Not only did those charged with causing the deaths of others peddle their poison for profit, but they did so by preying upon some of the most vulnerable members in our community. That makes them predators, and it is my Office’s job to work with our federal, state, and local partners in law enforcement, as we did here, to remove predators from our community.”  

New York State Police Superintendent George P. Beach stated, “The New York State Police and our Community Narcotics Enforcement Team remain committed to working with our partners in law enforcement to identify dealers, put them out of business and to send a clear message to anyone trafficking these dangerous and deadly drugs - you will be found, you will be prosecuted, and you will go to prison.” 

Amherst Police Chief John Askey stated, “Our communities, families and friends continue to suffer as the result of the opiate epidemic. This case demonstrates the determination and commitment of law enforcement at all levels in Western NY. We will aggressively investigate, arrest and prosecute those individuals and groups that deal and profit while knowing the devastating effects of their actions. Congratulations to the law enforcement professionals and prosecutors for your outstanding work.”

These indictments are the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Amherst Police Department, under the direction of Chief John C. Askey; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause, and Lieutenant Kevin Reyes; the Lancaster Police Department, under the direction of Chief Gerald J. Gill, Jr.; the Buffalo Police Department Narcotics Squad, under the direction of Commissioner Byron C. Lockwood; the Lockport Police Department, under the direction of Chief Michael Niethe; the Depew Police Department, under the direction of Chief Stan Carwile; the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.

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

WASHINGTON – Jose Rivera, 59, was indicted yesterday by a federal grand jury for violating the Federal Insecticide, Fungicide, and Rodenticide Act.  According to the indictment, Rivera illegally applied fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands, including the condominium resort complex in St. John, where a family of four fell seriously ill in March 2015, announced Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division and United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands.  

The indictment alleges that Rivera knowingly applied restricted-use fumigants at the Sirenusa resort in St. John for the purpose of exterminating household pests on or about Oct. 20, 2014, and on or about March 18, 2015.  The defendant was also charged with applying the restricted-use pesticide in eight residential units in St. Croix and one additional unit in St. Thomas between April 2013 and February 2015.  

In 1984, EPA banned the indoor use of methyl bromide products. The few remaining uses are severely restricted.  Pesticides containing methyl bromide in the U.S. are restricted-use due to their acute toxicity, meaning that they must only be applied by a certified applicator.  Health effects of acute exposure to methyl bromide are serious and include central nervous system and respiratory system damage. Pesticides can be very toxic and it is critically important that they be used only as approved by EPA.

Earlier this year, TERMINIX LP and TERMINIX, USVI were sentenced to pay a total of $9.2 million in criminal fines and restitution. The companies were also ordered to perform community service following an investigation and guilty pleas to their use and application of illegal fumigants in multiple residential locations in the Virgin Islands.

The case was investigated by EPA Criminal Investigation Division, working cooperatively with the Virgins Islands government and the Agency for Toxic Substances and Disease Registry. Senior Litigation Counsel Howard P. Stewart of the Justice Department’s Environmental Crimes Section, and Assistant U.S. Attorney Kim L. Chisholm for the District of the Virgin Islands are prosecuting the case with the assistance of Patricia Hick, EPA Region II Regional Criminal Enforcement Counsel.

An indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.

For more information about EPA’s pesticide program and its requirements, visit www.epa.gov/pesticides/.

For more information on methyl bromide, visit www.epa.gov/region2/methyl-bromide.pdf.

# # #

DES MOINES, IA – On April 13, 2018, United States District Court Judge Rebecca Goodgame Ebinger sentenced Seth James Stockwell, age 35, of Princeton, Missouri, to 242 months in prison for possession with intent to distribute methamphetamine, announced United States Attorney Marc Krickbaum. Stockwell was ordered to serve seven years of supervised release following his term of imprisonment and pay $100 to the Crime Victims’ Fund.

On December 13, 2017, Stockwell pleaded guilty to the charge that arose from an investigation by the Des Moines Police Department. On July 18, 2017, Stockwell was in possession of more than 500 grams of methamphetamine, which he intended to distribute to other individuals.

This matter was investigated by the Des Moines Police Department and Iowa Department of Public Safety, DCI Criminalistics Laboratory. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.

FORT WORTH, Texas— Arnoldo Morfin-Arias, aka “Efrain Arias” and “Pollo,” 44, of Dallas, Texas, was sentenced today by U.S. District Judge John McBryde to Life in federal prison following his guilty plea in November 2017 to one count of conspiring to traffic in methamphetamine, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.

Morfin-Arias was charged in a superseding indictment in October 2017 along with six others for their roles in a methamphetamine conspiracy.  Twenty-two others have also been charged in different indictments and informations in connection with Morfin-Arias for trafficking in methamphetamine, cocaine, heroin, and for money laundering.  Morfin-Arias operated in the Dallas/Fort Worth area, and elsewhere in the United States.  He has been in custody since the time of his arrest in California in August 2017.

Documents filed in the cases reveal that since at least early 2015, Morfin-Arias received large amounts of methamphetamine directly from a Mexico-based source of supply.  In turn, Arias distributed multi-kilogram quantities of methamphetamine through multiple Dallas based distributors who have all pled guilty to the conspiracy.  

The Federal Bureau of Investigation conducted the investigation with assistance from DEA, ATF, U.S. Marshals Service, Arlington Police Department, Fort Worth Police Department, Dallas Police Department, Dallas County Sherriff’s Clean Air Task Force, Grand Prairie Police Department, Denton County Sherriff’s Office, Texas Department of Criminal Justice Office of Inspector General, the Texas Department of Public Safety, ICE ERO, and Tarrant County Combined Narcotics Enforcement Team.

Assistant U.S. Attorney Shawn Smith prosecuted.

# # #

FOR IMMEDIATE RELEASE                                          CONTACT ELIZABETH MORSE

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

Baltimore, Maryland – New Jersey-based Allergan Inc. has agreed to pay $3.5 million to resolve allegations that Allergan caused health care providers to submit false claims to Medicare and other federal healthcare programs relating to the LAP-BAND Adjustable Gastric Banding System, a device approved by the U.S. Food and Drug Administration for weight reduction for adult patients with obesity who have failed more conservative weight-reduction alternatives.

The settlement agreement was announced today by United States Attorney for the District of Maryland Robert K. Hur; Maureen Dixon, Special Agent in Charge for the Office of Inspector General for the Department of Health and Human Services; and Robert E. Craig Jr., Special Agent in Charge for the Defense Criminal Investigative Service, Mid-Atlantic Field Office.

“Patients have every right to expect that medical devices used during surgery are free of defects.  Patients also have the right to expect that procedures involving medical devices have been subject to the rigorous review and approval process of the Food and Drug Administration. When marketing and selling medical devices that may have defects or may be used in unapproved procedures, patients can be put at risk,” said Robert K. Hur, United States Attorney for the District of Maryland.

Allergan distributed, marketed, and sold the LAP-BAND, an inflatable silicone band that is placed around a patient’s stomach during a surgical procedure. Adding or removing saline fluid through a subcutaneous access port adjusts the LAP-BAND, which in turn constricts or expands the size of the stomach pouch.   

The United States alleged that between January 2008 and November 2010, Allergan knowingly sold LAP-BANDs with defective or flawed access ports. To conceal the defect or flaw and to induce health care professionals to continue using the LAP-BAND, Allergan misrepresented facts concerning the cause of access port leaks to the public, health care professionals, and the FDA; failed to collect or maintain required data and complaint files; and offered and provided remuneration to health care professionals who reported access port leaks.   Additionally, the United States alleged that between 2008 and 2012, Allergan knowingly advertised, marketed, and distributed the LAP-BAND for use in two procedures that were not approved by the Food and Drug Administration.  Some of these procedures were not reasonable and necessary for the diagnosis or treatment of an illness or injury.  To market and to induce health care professionals to use the LAP-BAND for these uses, Allergan provided remuneration to health care professionals in connection with proctoring, workshops, advisory boards, and training events in which these two uses were discussed and/or demonstrated.

The civil settlement resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and obtain a portion of the government's recovery.  The civil lawsuit was filed in the District of Maryland and is captioned United States ex rel. Schwartz and Tinsley v. Allergan, CCB-10-2796.  As part of today’s resolution, Dr. Schwartz and Mr. Tinsley will receive approximately $594,064 from the settlement.

The Federal share of the civil settlement is $3,300,360 and the state Medicaid share of the civil settlement is $199,640.  The claims resolved by this settlement are allegations only, and there has been no determination of liability. 

U.S. Attorney Robert K. Hur commended the HHS Office of Inspector General, Office of Personnel Management OIG, and the Department of Defense’s Criminal Investigative Services for their work in the investigation.  Assistance also was provided by the National Association of Medicaid Fraud Control Units and offices of various state Attorneys General.  The case was handled by Assistant United States Attorney Roann Nichols and Assistant Director Edward Crooke of the Department of Justice Civil Fraud Section.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 23-count indictment charging four defendants with conspiracy to distribute one kilogram or more of heroin and 400 grams or more of fentanyl.  Charged in the conspiracy are:

• Robert Moore, a/k/a Fonz, a/k/a Charmy, 39 of Williamsville, NY;
• Reese Moore, a/k/a Detroit, 25 of Buffalo; NY
• Kevin Abernathy, a/k/a B, 31 also of Buffalo; and
• Joshua Levine, 21 of Lancaster, NY. 

Robert Moore is also charged with five counts of causing death from the distribution of heroin and/or fentanyl and 12 counts of possession with intent to distribute, and distribution, of heroin, fentanyl, and butyryl fentanyl. Joshua Levine is charged with one count of causing death from the distribution of heroin and fentanyl and two counts of possession with intent to distribute, and distribution, of fentanyl. The additional charges against Robert Moore and Joshua Levine carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine.

In addition to the conspiracy charge, Reese Moore (Robert’s brother) is charged with three counts of distribution of fentanyl and Kevin Abernathy is charged with one count of distribution of fentanyl. Those charges carry a mandatory minimum penalty of 10 years, a maximum of life in prison, and a $10,000,000 fine.

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that according to the indictment, the defendants distributed heroin, fentanyl, and butyryl fentanyl for over two years in the City of Buffalo and surrounding areas. Many of the sales occurred on residential streets in Buffalo, in parking lots of businesses in Amherst and Lancaster, and several times at a local mall. The defendants are responsible for distributing thousands of doses of opiates and causing multiple overdoses, including the five charged deaths. The decedents include a 21-year-old Lockport woman, a 45-year-old Buffalo man, and three Lancaster men, ages 24, 31, and 36. All five were reportedly in treatment for their addictions when they relapsed and immediately overdosed from the potent fentanyl.

Robert Moore was arrested on March 16, 2017, after authorities executed a search warrant at his home on Glenwood Drive in Williamsville. Law enforcement officers recovered 200 doses of fentanyl inside the residence. Over $49,000 in cash, over $440,000 in jewelry, and a 2009 Audi S5 Quattro were also seized from Moore’s residence. 

Levine was also arrested on March 16, 2017 following the execution of a search warrant at his residence on Aurora Street in Lancaster. Officers recovered 26 doses of fentanyl inside his residence. 

Robert Moore and Joshua Levine have been detained since their arrest in March 2017. Reese Moore and Kevin Abernathy were arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy. They are being held pending a detention hearing on April 17, 2018 at 2:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder.

In a separate case, a federal grand jury has returned a second superseding indictment charging Oliver Kimmons, a/k/a Ollie, a/k/a Ali, 49, of Lockport NY, with distribution of fentanyl causing death, conspiracy to distribute heroin and fentanyl, possession of heroin, fentanyl, and cocaine with intent to distribute, maintaining two drug-involved premises and human sex trafficking. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life and a $20,000,000 fine.
Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that according to the second superseding indictment, on January 30, 2015, the defendant distributed fentanyl which resulted in the death of an individual identified as “H.C.”

Kimmons was previously indicted on other drug and sex trafficking charges. According to the previous indictment, over the course of three years, the defendant solicited young, opiate-addicted women to have sex with paying customers. In exchange, Kimmons provided the victims with drugs. The defendant drove the victims to farms, dairies, and Indian Reservations in Western New York where they engaged in sex acts with paying customers. Kimmons collected the money from customers and then “paid” his victims in heroin. The defendant also had sex with the victims in exchange for drugs.   

“All told, at least six people lost their lives as a result of the conduct charged in these indictments,” said U.S. Attorney Kennedy. “Not only did those charged with causing the deaths of others peddle their poison for profit, but they did so by preying upon some of the most vulnerable members in our community. That makes them predators, and it is my Office’s job to work with our federal, state, and local partners in law enforcement, as we did here, to remove predators from our community.”  

“This indictment is a significant step in bringing drug dealers to justice for causing overdose deaths as a result of their illegal actions,” stated DEA Special Agent-in-Charge James J. Hunt. “I commend the men and women who worked diligently on this investigation.”  

New York State Police Superintendent George P. Beach stated, “The New York State Police and our Community Narcotics Enforcement Team remain committed to working with our partners in law enforcement to identify dealers, put them out of business and to send a clear message to anyone trafficking these dangerous and deadly drugs - you will be found, you will be prosecuted, and you will go to prison.” 

Amherst Police Chief John Askey stated, “Our communities, families and friends continue to suffer as the result of the opiate epidemic. This case demonstrates the determination and commitment of law enforcement at all levels in Western NY. We will aggressively investigate, arrest and prosecute those individuals and groups that deal and profit while knowing the devastating effects of their actions. Congratulations to the law enforcement professionals and prosecutors for your outstanding work.”

These indictments are the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Amherst Police Department, under the direction of Chief John C. Askey; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause, and Lieutenant Kevin Reyes; the Lancaster Police Department, under the direction of Chief Gerald J. Gill, Jr.; the Buffalo Police Department Narcotics Squad, under the direction of Commissioner Byron C. Lockwood; the Lockport Police Department, under the direction of Chief Michael Niethe; the Depew Police Department, under the direction of Chief Stan Carwile; the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.

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

United States Attorney Ron Parsons announced that a Rockford, Illinois, woman has been indicted with Distribution of Heroin Resulting in Death in the District of South Dakota as part of a concerted national effort by the U.S. Department of Justice, working closely with state and local law enforcement, to combat opioids by prosecuting drug dealers to hold them accountable for the deaths and serious injuries of overdose victims.  Under federal law, anyone who illegally provides a controlled substance to another person who then overdoses from using that substance is subject to a mandatory minimum sentence of at least twenty years in federal prison.

Earlier this month, Stephanie Broecker, age 26, was indicted by a federal grand jury in Sioux Falls for selling the heroin that led to the death of a 30-year-old man in Miner County, South Dakota.  The man, identified as K.P. in court documents, was found dead from an apparent heroin overdose at a residence in rural Miner County on November 19, 2017.  Broecker was located and arrested in Illinois.  She appeared before a federal magistrate judge in the Northern District of Illinois on April 10, 2018, and is currently in the custody of the U.S. Marshals awaiting transfer to South Dakota to face the federal charges.  If convicted, Broecker faces a minimum of twenty years and a maximum of life in prison.

“It is a senseless tragedy that we have lost another life because of illegal drugs,” said U.S. Attorney Parsons.  “The opioid epidemic has inflicted an unprecedented toll of addiction, suffering and death on communities throughout our nation, and South Dakota has not been untouched.  By holding drug dealers directly accountable for the devastation they cause, we help bring some measure of justice to their loved ones and send a powerful message that these crimes will not be tolerated.”

The United States currently faces the deadliest drug crisis in history.  In 2016, approximately 64,000 Americans – the equivalent of almost one-third of the population of Sioux Falls – lost their lives to drug overdoses, the fastest increase and highest drug death toll in American history.  For Americans under the age of 50, drug overdose is now the leading cause of death.  This plague is being driven primarily by opioids – prescription painkillers, heroin, and synthetic drugs like fentanyl, which is 50 times more potent than heroin.  Ingesting even a small amount of fentanyl can result in death.

In 2016, 67 South Dakotans died of drug overdoses, more than half of which were classified as opioid poisoning.  In 2017, 10 people died from opiate-related overdoses in Minnehaha County alone and it is on track to exceed that number this year.  There have been at least three heroin or fentanyl overdose deaths in Sioux Falls in the past month.

Attorney General Jeff Sessions has directed all United States Attorneys to use every available tool to combat this deadly epidemic.  The United States Attorney’s Office is committed to this mission and actively working with state, local, and tribal law enforcement to prevent and combat all drug-related deaths in South Dakota.  As part of that effort, our District has designated an Assistant United States Attorney to serve as the Opioid Coordinator to implement our strategy in combatting opioids, with a strong focus on prosecuting cases involving prescription opioids, heroin and fentanyl.

Over the past several months, federal prosecutors have been meeting and working with law enforcement agencies across the state to help investigate incidents of overdose, trace the source of the drugs up the chain of distribution, and bring either federal or state charges against those responsible for selling or providing the drugs.

Broecker is the most recent individual to be indicted on federal charges in South Dakota since this initiative began.  The United States Attorney’s Office is working closely with the South Dakota Division of Criminal Investigation, the Miner County Sheriff’s Office, the Minnehaha County Coroner’s Office, and the United States Postal Inspection Service in prosecuting this case.  Many more such investigations are in progress across the state.

“Every overdose should be considered a crime scene,” said U.S. Attorney Parsons.  “Dealers or anyone else who illegally diverts or provides drugs to another should know that any time there is an overdose, we are going to come looking for you.  You will be arrested, you will be charged, and you will be held accountable.”

On Wednesday of this week, U.S. Attorney Parsons will be appearing at the joint conference of the South Dakota Police Chiefs’ Association and South Dakota Sheriffs’ Association in Deadwood to discuss coordinated strategies to combat this drug epidemic.  “Our state, local, and tribal law enforcement partners do a tremendous job in investigating these crimes,” he said.  “My orders are to do everything we can to support them at the federal level and provide additional tools for ensuring that these criminals who are poisoning our communities are stopped.”

The charges and allegations contained in an indictment are merely accusations and defendants are considered innocent unless and until proven guilty.

KNOXVILLE, Tenn. – On April 16, 2018, Linda S. Ward, 55, of Caryville, Tennessee, pleaded guilty to conspiracy to distribute 50 grams or more of methamphetamine.  Her sentencing hearing is set for 10:00 a.m., August 6, 2018, in U.S. District Court.  She faces a 10-year mandatory minimum sentence.

In February 2018, a federal grand jury returned a seven-count indictment against Ward and ten others alleging various narcotic, firearms, and money laundering offenses.  Those charged in the indictment include:

• Nathan S. Marlow, 22, of Duff, Tennessee;
• Nicholas B. Williams, 27, of Winder, Georgia;
• Justin P. Morris, 26, of Auburn, Georgia;
• Coty E. Malicoat, 21, of Duff, Tennessee;
• Michael Chantz Sturdivant, 22, of Jefferson, Georgia;
• Samuel A. Rose, 21, of Clairfield, Tennessee;
• Andrea W. Robbins, 44, of LaFollette, Tennessee;
• Earl J. Jones, 49, of LaFollette, Tennessee;
• Kristin R. Damons, 24, of Winder, Georgia;
• Paige L. Russell, 24, of LaFollette, Tennessee;

In her plea agreement on file with the U.S. District Court, Ward agreed that she distributed between 50 and 150 grams of actual methamphetamine. According to the plea agreement, between July 2017 and February 2018, Ward obtained methamphetamine from Marlow, which she then sold.  During the investigation, conversations between Ward and Marlow, in which they discussed obtaining and paying for methamphetamine provided by Marlow, were intercepted by law enforcement.  

Russell pleaded guilty in April 2018 to a lesser-included offense and her sentencing is set for August 1, 2018.  Jones has also filed plea agreement with the U.S. District Court.  Trial for the remaining co-defendants is set for October 30, 2018.

This investigation began in 2016 and initially resulted in the conviction and sentencing of several others, discussed below, for their involvement in the drug conspiracy and money laundering.    

James R. Lawson, 32, of Dayton, Tennessee, pleaded guilty in April 2017 to conspiracy to distribute 50 grams or more of methamphetamine and was sentenced in August 2017 to serve 120 months in federal prison, followed by five years of supervised release. 

Teri L. Evans, 28, of Jacksboro, Tennessee, pleaded guilty in April 2017 to the lesser-included offense of conspiracy to distribute five grams or more of methamphetamine and was sentenced in April 2017 to serve 60 months in federal prison, followed by four years of supervised release. 

Lee Ann Winstead, 57, of Caryville, Tennessee, pleaded guilty in May 2017 to conspiracy to distribute 50 grams or more of methamphetamine and was sentenced in August 2017 to serve 120 months in federal prison, followed by five years of supervised release. 

Derrick Avery Cook, 36, of Jacksboro, Tennessee, pleaded guilty in May 2017 to conspiracy to distribute 50 grams or more of methamphetamine and was sentenced in August 2017 to serve 172 months in federal prison, followed by 10 years supervised release.

Larry Gerauld Hatfield, a/k/a Jerry Hatfield, 54, of Jacksboro, Tennessee, pleaded guilty in May 2017 to conspiracy to distribute 50 grams or more of methamphetamine and was sentenced in September 2017 to serve 121 months in federal prison followed by five years of supervised release. 

Jeffrey M. Townsend, 57, of Fairmount Georgia, pleaded guilty on June 14, 2017, to conspiracy to distribute 50 grams or more of methamphetamine and was sentenced in October 2017 to serve 168 months in federal prison, followed by 10 years of supervised release. 

Terry A. King, 40, of Jacksboro, Tennessee, pleaded guilty in May 2017 to conspiracy to distribute 50 grams or more of methamphetamine and was sentenced in October 2017, to serve 140 months in federal prison, followed by 10 years of supervised release. 

Roger L. Young, 49, of Clinton, Tennessee, pleaded guilty in November 2016, to possession with the intent to distribute 50 grams or more of methamphetamine and was sentenced in October 2017 to serve 100 months in federal prison, followed by five years of supervised release.   

Josh L. Lawson, 32, of Caryville, Tennessee, pleaded guilty in July 2017 to conspiracy to distribute 50 grams or more of methamphetamine and conspiracy to launder money.  He was sentenced in November 2017 to serve 160 months in prison, followed by five years of supervised release.

Jesse M. Pinkerton, 37, of Sharps Chapel, Tennessee, pleaded guilty in June 2017, to conspiracy to distribute 50 grams or more of methamphetamine and was sentenced in November 2017 to serve 197 months in federal prison, followed by 10 years of supervised release.

James W. Lawson, 56, of Caryville, Tennessee, pleaded guilty in June 2017 to conspiracy to distribute 50 grams or more of methamphetamine and conspiracy to launder money.  He was sentenced in December 2017 to serve 300 months in federal prison, followed by five years of supervised release. 

Law enforcement agencies participating in this joint investigation include the Eighth Judicial Drug Task Force; Seventh Judicial Crime Task Force; Ninth Judicial Drug Task Force; Tenth Judicial Drug Task Force; Anderson County Sheriff’s Office; Campbell County Sheriff’s Office; Knox County Sheriff’s Office; Oak Ridge Police Department; LaFollette Police Department; Tennessee Highway Patrol; Tennessee Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Postal Inspection Service; U.S. Marshal Service; and Drug Enforcement Administration.  Assistant U.S. Attorney Caryn L. Hebets represents the United States in court proceedings. 

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United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on April 13, 2018, Ryan L. Pieper (age: 33) of Green Bay, Wisconsin, appeared in federal court in Green Bay and was sentenced to 240 months in federal prison for his role in a methamphetamine distribution ring in Northeast Wisconsin. 

In the spring of 2017, Pieper was involved in a conspiracy that resulted in pounds of methamphetamine, acquired from a source in Phoenix, Arizona, being distributed in Brown County and elsewhere in Northeast Wisconsin.

In pronouncing sentence, Chief United States District Court Judge William C. Griesbach noted the serious nature of Pieper’s crime and the negative effect that methamphetamine has had on the community. The judge told Pieper that his crime called for a strong sentence, especially in light of his extensive prior record of criminal convictions. Following his release from prison, Pieper will serve 10 years on federal supervised release.  

The United States Drug Enforcement Administration and the Brown County Drug Task Force investigated the case.   Assistant United States Attorney Daniel R. Humble prosecuted the case.

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SYRACUSE, NEW YORK – Debashis Ghosh, age 54, of Chicago, Illinois, was sentenced today to 57 months in prison, to be followed by 3 years of supervised release, for conspiring to defraud a Plattsburgh, New York, company of $2.5 million.

The announcement was made by United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.

Ghosh and Keith Eric Jergensen, age 58, of Salt Lake City, Utah, were convicted in October 2017 of wire fraud conspiracy following a 7-day trial presided over by United States District Judge Brenda K. Sannes.  In imposing sentence, Judge Sannes also ordered Ghosh to pay $2.5 million in restitution to his victims.

On March 2, 2018, Judge Sannes sentenced Jergensen to 59 months in prison, to be followed by 3 years of supervised release, and also ordered him to pay $2.5 million in restitution to his victims.

The evidence at trial demonstrated that Jergensen and Ghosh were Co-Chief Executive Officers of Verdant Capital Group, LLC (“Verdant”), based in Chicago. 

Plattsburgh-based Laurentian Aerospace Corporation (“Laurentian”) retained Verdant to raise funds for the construction of an airplane maintenance, repair and overhaul facility to be built at the former United States Air Force base in Plattsburgh.

Jergensen and Ghosh asked Laurentian to invest $2.5 million as seed money for the project.  They and Laurentian agreed that this money would remain in a Wells Fargo account and could not be moved without the authorization of Laurentian. 

Laurentian, drawing on funds contributed by its board members and one outside investor, wired $2.5 million into the Wells Fargo account on December 3, 2010.  Five days later, Jergensen and Ghosh began transferring the money out of the account without Laurentian’s authorization, and by March 18, 2011 they had transferred all of the $2.5 million out of the account.

Jergensen and Ghosh used Laurentian’s $2.5 million to pay Verdant’s expenses including employees and contractors, and to pay others, including payments totaling $1.75 million to a now-defunct wind turbine company that Ghosh was a minority owner of; transfers of $96,500 to Jergensen’s company Contour Composites, Inc. of Utah; a $55,000 “loan” to a friend that the friend never repaid; and payments totaling $14,500 to an Arizona man who was promising them access to union pension funds.

Having spent the money, and as part of their conspiracy, Jergensen and Ghosh then spent several years falsely assuring Laurentian and its investors that their money was safe and secure, with Jergensen going so far as to forge a memorandum of understanding that purported to show that Laurentian’s money was in a secured bank account at Wells Fargo.  The victim investors included a retired United States Air Force Colonel, a former New York City Deputy Mayor, a retired law firm partner, and several retired executives from the financial and airline industries.  To date, Laurentian has been unable to build the airplane facility in Plattsburgh.

The evidence at trial also demonstrated that Jergensen and Ghosh misappropriated an additional $2.4 million in funds that other businesses had entrusted to them.

This case was investigated by the FBI and was prosecuted by Assistant U.S. Attorney Michael Barnett.

KANSAS CITY, Mo. – A North Kansas City, Mo., woman was sentenced in federal court today for embezzling more than $290,000 from her former employer.

Tonya A. Topel, 40, of North Kansas City, Mo., was sentenced by U.S. District Judge Gary A. Fenner to eight years in federal prison without parole. The court also ordered Topel to pay $293,193 in restitution, which includes losses from the four fraud schemes to which Topel admitted in her plea agreement as well as additional loss, discovered after her guilty plea, which resulted from another scheme in which Topel fraudulently received tuition reimbursements for non-existent college courses.

On Sept. 18, 2017, Topel pleaded guilty to one count of wire fraud and one count of aggravated identity theft.

Topel was a senior auditor at Construction Benefits Audit Corporation (CBAC), a Kansas City, Mo., non-profit corporation that conducts employer audits of union contracts for employers making payments into fringe benefit plans, and ensures fringe benefit payments are made correctly. Topel, who earned approximately $68,000 a year, managed audits and staff and presented ongoing audits. She handled expense payments and had sole access to CBAC’s QuickBooks.

Topel admitted that she conducted four fraudulent embezzlement schemes while employed at CBAC. She began her first scheme, in which she created false invoices for toner cartridges, on Oct. 18, 2012, just a few months after she started working at CBAC. She then added three more fraud schemes, which continued until CBAC discovered her embezzlement and she resigned in May 2016.

According to court documents, Topel stole from employers before and after she worked for CBAC. Topel had an unrelated criminal case pending in Johnson County, Kan., for stealing from her previous employer and was on pretrial supervision at the time she was hired by CBAC. Topel pleaded guilty to forgery and theft in that case, and paid her criminal defense lawyer using CBAC’s credit card. She was sentenced to probation and paid restitution with money she stole from CBAC. According to court records, Topel reportedly stole $26,000 from yet another employer after leaving CBAC.

Through her four admitted fraud schemes, Topel embezzled a total of at least $277,681 from CBAC. Topel spent the embezzled funds on a lavish lifestyle that included travel to Hawaii, Dallas, Boston, and the Bahamas; restaurants; entertainment, including golf, spas, tickets for the Kansas City Royals and Chiefs and Worlds of Fun; a 2014 Ford Mustang; and personal spending such as cash, clothing, dance classes, utility bills, jewelry, transfers to relatives, bank fees/NSF fees, iPads, groceries, and other living expenses.

In Topel’s first scheme to defraud CBAC, she created false invoices for toner cartridges and correspondingly altered CBAC American Express monthly statements to make it appear the toner invoices were being charged to CBAC’s American Express account. Topel submitted the invoices and altered American Express bills to CBAC. CBAC then paid for the false toner invoices to American Express. In reality, Topel made personal charges to the CBAC American Express card, which CBAC paid. Topel submitted her first false toner invoice on Oct. 18, 2012, and continued this scheme through May 2015, during which time she embezzled approximately $45,809.

In her second scheme to defraud CBAC, Topel falsely inflated her payroll checks and made payments to a false IRA plan (which was actually her own bank account). Topel began this scheme in March 2013 and continued it into 2016, during which time she embezzled approximately $24,777.

In her third scheme to defraud CBAC, Topel used a former vendor’s name to create a false email address, false street address, 72 false invoices, and false IRS forms. Topel created the false invoices in amounts ranging from $1,080 to $4,680, made payable to bank accounts controlled by her. Through this scheme, Topel embezzled approximately $188,599.

In her fourth scheme to defraud CBAC, Topel misused a company credit card by charging personal expenses, such as a vacation to the Bahamas, to the card beginning in 2016. Topel then paid the CBAC’s company credit card bill using CBAC’s bank account. Topel created at least five false paystubs in which she showed deductions from her paycheck in order to reimburse CBAC, however, she made no reimbursements for her use of the company credit card. Through this scheme, Topel embezzled approximately $19,780.

This case was prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by the FBI.
 

HOUSTON – A 28-year-old former employee of BP America Inc. has admitted he attempted to extort money from the company, announced U.S. Attorney Ryan K. Patrick. George Koutsostamatis pleaded guilty to one count of wire fraud.  

Koutsostamatis, of Chicago, was a BP employee. While employed there, he admitted he sent an email to BP falsely claiming to possess personal information of company employees and their families. He also claimed he had infiltrated BP’s computers and computer network system. He threatened to release the information if he was not paid 125 bitcoins.   

U.S. District Judge Sim Lake accepted the plea today and has set sentencing for July 13, 2018. At that time, Koutsostamatis faces up to 20 years in federal prison and a possible $250,000 maximum fine.  He was permitted to remain on bond pending that hearing.      

The FBI Houston Cyber Task Force investigated this case. The FBI Houston Cyber Task Force is a multi-agency task force responsible for investigating, pursuing and defeating cyber criminals who seek to exploit our nation’s most significant computer systems, networks and critical infrastructure. The Houston field office of the FBI led the investigation with assistance from U.S. Attorney’s Offices in Houston and Chicago, FBI – Chicago field office and the National Crime Agency in the United Kingdom. Assistant U.S. Attorney Rodolfo Ramirez is prosecuting the case.

William Glaser, 60 of Ellisville, Missouri surrendered this morning in federal court to an Indictment charging him with three counts of wire fraud in connection with his solicitation of more than $1,000,000 in investments from three former clients.  The investments went to Paul Creager of Everett Builders whose St Louis County construction company was liquidated by creditors last summer. 

The indictment alleges that, between 2015 and 2016, Glaser was working as a financial advisor and misled his clients by falsely representing he had put his own money into Creager’s company and by failing to disclose that he was receiving large commissions out of his client’s funds.  In order to liquidate his clients’ investments so that they could go to Creager, Glaser facilitated the establishment of self-directed IRAs on his clients’ behalf.  Soon after the establishment of these accounts, Creager placed large portions of his clients’ retirement portfolios into high-yield unsecured promissory notes with Creager’s company.   No payments were made on any of the notes.

Creager himself has pleaded guilty to one case charging him with wire fraud in connection with the solicitation of investments for his company and faces a second case alleging similar misconduct in the solicitation of another investor and an additional fraud scheme related to the closing on one of his properties.  Glaser is not alleged to have participated in either of the fraud schemes with which Creager has been charged.

If convicted, Creager faces up to 20 years’ imprisonment, a fine of more than $250,000 or both per count.  Restitution to the victims is also mandatory and the government is seeking a money judgment by way of a forfeiture allegation to further facilitate the recovery of any funds available for restitution.

This case was investigated by the St. Louis division of the FBI.  Tom Albus is handling the case for the U.S. Attorney’s office.

NEWARK, N.J. – A member of MS-13 today admitted trafficking methamphetamine, heroin, and cocaine to New Jersey from inside a California state prison, U.S. Attorney Craig Carpenito announced.

Luis Calderon, 32, a/k/a “Lagrima,” of Los Angeles, pleaded guilty before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court to an indictment charging him with conspiracy to distribute, and to possess with intent to distribute, methamphetamine, heroin, and cocaine.

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

Between August 2015 and November 2015, Calderon was incarcerated at the Calipatria State Prison in California. However, Calderon had access to multiple contraband cellular telephones, which he used to communicate with conspirators outside the prison.

Law enforcement officers lawfully-recorded numerous telephone conversations between Calderon and an MS-13 member based in New Jersey, identified in the indictment as “Individual-1.” Among other topics, Calderon and Individual-1 discussed plans to distribute crystal methamphetamine, heroin, and cocaine in the New Jersey area. Calderon and Individual-1 ultimately settled on that plan that involved Calderon and others outside the prison sending a package containing controlled substances to a business center in Edison, New Jersey.

Shortly before the package arrived, Calderon informed Individual-1 by telephone that he was sending Individual-1 a package containing four ounces each of heroin and cocaine. Calderon stated that the package would also likely contain two ounces or more of crystal methamphetamine. Calderon told Individual-1 that the total cost for the heroin, cocaine, and crystal methamphetamine was $9,000, and stated that Individual-1 could keep the proceeds made from selling the drugs once Individual-1 paid Calderon for the shipment. Calderon subsequently gave Individual-1 the names that would appear on the package and the tracking number.

On Nov. 4, 2015, federal agents lawfully intercepted and searched the package. The search revealed approximately 95.5 grams of heroin, 54.7 grams of cocaine, and 52.4 grams of methamphetamine hidden inside a box of Little Debbie Swiss Rolls.

Calderon faces a mandatory minimum sentence of 10 years in prison, a maximum sentence of life in prison, and a $10 million fine. Sentencing is scheduled for June 25, 2018.

U.S. Attorney Carpenito credited special agents of the Department of Homeland Security (DHS), Homeland Security Investigations (HSI), under the direction of Acting Special Agent in Charge Brian Michael, with the investigation. He also thanked Immigration and Customs Enforcement (ICE) Enforcement Removal Operations (ERO), the Calipatria State Prison, the Plainfield Police Department, the Union County Prosecutor’s Office, and the U.S. Attorney’s Office for the Central District of California for their assistance.
The government is represented by Assistant U.S. Attorneys Jamari Buxton of the U.S. Attorney’s Office Criminal Division and James Donnelly, Chief of the U.S. Attorney’s Office Violent Crimes Unit.

Defense counsel: Stacy Ann Biancamano Esq., Chatham, New Jersey

PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 42 months of probation and 10 months of home confinement on her conviction of conspiring to possess and distribute opiate painkillers, oxycodone and oxymorphone, United States Attorney Scott W. Brady announced today.

United States District Judge Mark R. Hornak imposed the sentence on Tevina Harris, 23.

According to information presented to the court, Harris participated in a criminal network of drug dealers that obtained opiate pain killers and then illegally distributed them to users in the Pittsburgh area. Harris took orders for opiate pills on behalf of one of the dealers, and she arranged for delivery of the pills to users. She was originally charged by the Pittsburgh Bureau of Police. While on bond for that charge, she continued to participate in the conspiracy.

Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.

United States Attorney Brady commended the Federal Organized Crime Drug Enforcement Task Force (OCDETF) investigation led by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Office of the Attorney General, the Pittsburgh Bureau of Police, and the Allegheny County Police Department for the investigation leading to the successful prosecution of Harris.

SOUTH BEND – Eric R. Weiler, 45, of LaPorte, Indiana, was charged in a six Count Indictment before a South Bend District Grand Jury, announced U.S. Attorney Kirsch. 

Weiler was charged with 2 counts of production of child pornography, 1 count of receipt of child pornography, 1 count of possession of child pornography, 1 count of making a destructive device in violation of the National Firearms Act, and 1 count of possession of unregistered destructive devices.  

U.S. Attorney Kirsch said, “Crimes committed against children are particularly heinous.  Children are among the most innocent victims.  This case exemplifies how local and federal law enforcement agencies and state and federal prosecutor’s offices work together to investigate and prosecute cases involving children.  Additionally, this investigation was conducted very quickly, within two days of learning of Mr. Weiler’s conduct, he was taken into custody by the LaPorte City Police.  That is very quick work by both the LaPorte Police and LaPorte County Prosecutor’s Office.  Explosives, like those allegedly manufactured and possessed by Mr. Weiler, are extremely dangerous and meant to do considerable harm.  My Office will continue to aggressively prosecute those who violate the nation’s destructive device and firearms laws.” 

Prosecuting Attorney Espar said, “The case is a shining example of the collaborative approach contemplated by the Internet Crimes Against Children Program, for the investigation and prosecution of crimes of violence against children, bringing local and federal law enforcement together in a collective effort to identify and apprehend violent criminals whose crimes neither respect the dignity of the individual or jurisdictional lines.”

According to documents in this case, on August 23, 2017, a person who lived near Weiler discovered that someone had run wires into the gas tank of that person’s car. On September18, 2017, investigators learned that Weiler allegedly had been accessing a vacant house next to the house of the person whose car had been wired to explode.  On the same date in September, investigators gained access to the vacant house and discovered writings on the walls inside documenting the writer’s attempts to acquire a girl under the age of twelve, ideally a newborn baby, for sexual contact.  On September 20, 2017, two incendiary devices were located inside Weiler’s house, one of which is commonly referred to as an improvised explosive device (IED), and the other of which is commonly referred to as a CO₂“cricket” bomb.  On September 21, 2017, multiple electronic devices and electronic storage devices were located inside Weiler’s house, some of which contained over 24,000 images and over 80 videos of child pornography.  The videos included videos of Weiler allegedly engaging in sexual acts with a child under the age of twelve.  Weiler’s electronic devices also contained videos of Weiler allegedly explaining the explosive device that he put in the gas tank of the car.   

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the LaPorte County Prosecutor’s Office, LaPorte Police Department, Michigan City Police Department and the Porter County Sheriff’s Department. The case is being handled by Assistant U.S. Attorneys Molly E. Donnelly and John M. Maciejczyk.

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

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

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