Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JOSEPH MANUEL HUNTER, a U.S. citizen and former member of the U.S. Army, and two co-defendants, ADAM SAMIA and CARL DAVID STILLWELL, both U.S. citizens, were convicted by a federal jury today of offenses relating to the February 2012 murder of a woman in the Philippines.  The defendants’ conviction followed a 12-day trial before U.S. District Judge Ronnie Abrams of the Southern District of New York.  Sentencing has been scheduled for HUNTER on September 7, 2018, and for SAMIA and STILLWELL for September 14, 2018, before Judge Abrams. 

U.S. Attorney Geoffrey S. Berman said:  “This horrifying real-life murder-for-hire case included details usually seen in action movies.  Hunter, Samia, and Stillwell conspired to end the lives of people overseas whom they had never met.  Today a unanimous jury convicted them for their craven indifference to human life.  I commend the DEA for bringing this tragic story to a just ending.”

According to the Superseding Indictment against HUNTER, SAMIA, and STILLWELL, other filings in Manhattan federal court, and the evidence admitted at trial:

HUNTER served from 1983 to 2004 in the U.S. Army, where he attained the rank of sergeant first class.  While in the Army, HUNTER led air-assault and airborne infantry squads; served as a sniper instructor; and trained soldiers in marksmanship and tactics as a senior drill sergeant.  Since leaving the Army in 2004, HUNTER has arranged for the murders of multiple victims in exchange for money, among other completed acts of violence undertaken for pay. 

SAMIA is a self-described “Personal Protection/Security Industry” professional.  According to SAMIA’s résumé, he has worked as an “Independent Contractor” for clients in the Philippines, China, Papua New Guinea, the Democratic Republic of the Congo, and the Republic of the Congo; and has training in tactics and weapons, including handguns, shotguns, rifles, sniper rifles, and machineguns.  STILLWELL also purported to have training and experience in the field of information technology and to have worked at a firm in North Carolina that provides firearms training.

In 2011 and 2012, HUNTER, SAMIA, and STILLWELL agreed to commit murders-for-hire in overseas locations in exchange for salaries and bonus payments for each victim.  In early 2012, SAMIA and STILLWELL traveled from North Carolina to the Philippines, where HUNTER provided them with, among other things, information about their intended victims and firearms to use to commit the murders. 

In January and February 2012, SAMIA and STILLWELL surveilled their intended victims in the Philippines as they formulated their murder plans.  On February 12, 2012, SAMIA and STILLWELL killed one of their intended victims – a Filipino woman – in the Philippines by shooting her multiple times in the face (“Victim-1”).  After killing Victim-1, SAMIA and STILLWELL disposed of her body on a pile of garbage, where it was later found by local authorities.  HUNTER paid SAMIA and STILLWELL $35,000 each for completing the murder, and SAMIA and STILLWELL sent thousands of dollars from the payments they received to the United States using, among other methods, structured wire transfers in amounts under $10,000. 

In late February and early March 2012, SAMIA and STILLWELL returned from the Philippines to North Carolina, where they continued to reside until their July 2015 arrests on these charges.

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HUNTER, 52, of Owensboro, Kentucky, SAMIA, 43, of Roxboro, North Carolina, and STILLWELL, 50, of Roxboro, North Carolina, were each convicted of one count of conspiring to commit murder-for-hire and one count of committing murder-for-hire, each of which carries a maximum sentence of life in prison and mandatory minimum sentence of life in prison; and one count of conspiring to murder and kidnap in a foreign country and one count of using and carrying a firearm during and in relation to a crime of violence, each of which carries a maximum sentence of life in prison.  SAMIA and STILLWELL were also each convicted of conspiring to commit money laundering, which carries a maximum sentence of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge. 

The charges against the defendants were the result of the close cooperative efforts of the United States Attorney’s Office for the Southern District of New York; DEA’s Special Operations Division, Bilateral Investigations Unit; DEA’s Manila Country Office; DEA’s Atlanta Field Division, Raleigh Resident Office; DEA’s Louisville Field Division; the Durham Police Department; the Raleigh Police Department; the Harnett County Sherriff’s Office; the Wake County Sherriff’s Office; the Person County Sherriff’s Office; the Cary Police Department; the North Carolina State Bureau of Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Greensboro Field Office; the Customs and Border Protection’s National Targeting Center; the Royal Thai Police; the Philippines National Bureau of Investigation; and the Philippines National Police; and the Department of Justice’s Office of International Affairs.  Mr. Berman also thanked the United States Attorney’s Office for the Middle District of North Carolina and the Department of Justice’s Computer Crime and Intellectual Property Section for their support and assistance.

This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant United States Attorneys Rebekah Donaleski, Patrick Egan, and Emil J. Bove III are in charge of the prosecution.

TRENTON, N.J. – The fifth defendant to plead guilty in a multi-state dog fighting case was sentenced today to 24 months in prison for his role in dog fighting activities that took place in New Jersey and Virginia, U.S. Attorney Craig Carpenito of the District of New Jersey and Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division announced.

Mario Atkinson, 42, of Asbury Park, New Jersey, previously pleaded guilty June 15, 2017, before U.S. District Judge Peter G. Sheridan an information charging him with one count of sponsoring and exhibiting a dog in a dog fight, and one count of unlawful possession of a dog intended to be used for the purpose of dog fighting. Judge Sheridan imposed the sentence today in Trenton federal court.

According to documents in this and other cases and statements made in court:

Atkinson admitted that in 2016, he had fought his dog in a dog fight in Virginia for a $1,000 wager. The investigation revealed that Atkinson’s dog perished after the dog fight while Atkinson was driving home, and that Atkinson placed the dog’s body in a trash receptacle. On June 1, 2016, agents seized 18 pit bull-type dogs from Atkinson. Some of these dogs had scarring and injuries consistent with fighting and were found near dog fighting equipment, including an electric treadmill specially outfitted with side panels and a leash clip to force dogs to run on the treadmill. Agents also found blood splatters in three areas of Atkinson’s basement that tested positive for canine blood.

Four other defendants in this case previously pleaded guilty and were sentenced to a total of 111 months. The court set a trial date of Oct. 8, 2018, for the four remaining defendants in the case.

“Federal and local law enforcement agencies in New Jersey have ramped up their efforts recently to track down animal fighters and bring them to justice,” U.S. Attorney Carpenito said. “We will continue to root out dog fighting in New Jersey and to work with our local and state partners to bring the offenders to justice.”

“Animal cruelty like the conduct in this case has no place in a civilized society,” said Acting Assistant Attorney General Wood. “Today’s sentencing sends a strong message that we are bringing to justice those who engage in illegal dog fighting and that anyone who engages in this conduct does so at the risk of significant jail time.”

“The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity involving drugs, firearms and gambling,” Special Agent in Charge Bethanne M. Dinkins for U.S. Department of Agriculture’s Office of Inspector General said “Together with the Department of Justice, animal fighting is an investigative priority for USDA OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”

In addition to the prison term, Judge Sheridan sentenced Atkinson to three years of supervised release and fined him $1,000.

The case is part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dog fighting. The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog fighting “victories.” To date, 98 dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government. The Humane Society of the United States assisted with the care of the dogs seized by federal law enforcement.

The case is being investigated by the U.S. Department of Agriculture – Office of Inspector General, the U.S. Department of Homeland Security – Homeland Security Investigations, and the FBI.

The government is represented by Assistant U.S. Attorney Kathleen O’Leary of the District of New Jersey and Trial Attorney Ethan Eddy of the Justice Department’s Environmental Crimes Section.

GREAT FALLS – Antonio Todd Tigart, a 21-year-old Great Falls resident, was sentenced today to 14 months in prison followed by 2 years supervised release after pleading guilty to prohibited person in possession of firearms on January 17, 2018.  U.S. District Judge Brian M. Morris handed down the sentence. 

On June 26, 2017, officers with the Great Falls Police Department ran Tigart for warrants after he walked past a civil standby.  Tigart had an active arrest warrant for the revocation of his felony, criminal endangerment conviction in February 2017.  A loaded Springfield Armory .40 caliber semi-automatic pistol was tucked into his waistband.  Further investigation revealed that the firearm was stolen in December 2016.

The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Great Falls Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

GREAT FALLS - The United States Attorney’s Office announced today that Landon Dupree, a 32-year-old resident of Poplar, was sentenced to 70 months in prison, four years of supervised release, and a $100 special assessment.  U.S. District Judge Brian Morris presided over the hearing.   

Dupree previously entered a guilty plea to conspiracy to possess with intent to distribute methamphetamine.  In January 2017, Dupree was arrested on an outstanding warrant for violating the terms of his supervised release, drugs and drug paraphernalia on his person during the subsequent arrest. 

In July 2017, the Montana Highway Patrol stopped the vehicle Dupree was driving and following a search of the vehicle, located a digital scale, methamphetamine, and syringes.  Dupree was a mid-level distributor selling methamphetamine on the Fort Peck Indian Reservation, primarily in Poplar. 

In a sentencing memorandum filed in federal court, federal prosecutors noted, “Methamphetamine … is destroying lives, breaking up families, and undermining tribal cultures”.  It continued “Dupree’s conduct contributed directly to this problem.  He provided meth to people needing a quick fix and seemingly fails to understand the broad implications of his criminal conduct.” 

Judge Morris sentenced Dupree to more than five years in federal prison, with four years of supervised release to follow.  Because there is no parole in the federal system, Dupree will likely serve all of the time imposed by the court.  In the federal system, Dupree does have the opportunity to shorten the term of custody by earning credit for good behavior.  However, this reduction will not exceed 15% of the overall sentence.       

The Dupree case was investigated by the Federal Bureau of Investigation, Fort Peck Tribes Department of Law and Justice, Montana Highway Patrol, and other federal, state, and local agencies. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

U.S. Attorney Duane A. Evans, announced thatEDY GARCIA-BANEGAS, age 32, a citizen of Honduras, was sentenced  today after previously pleading guilty to a one-count Bill of Information for illegally re-entering the United States after having been previously removed, in violation of Title 18, United States Code, Section 1326(a).

U.S. District Judge Ivan L.R. Lemelle sentenced EDY GARCIA-BANEGAS to 6 months incarceration, to be followed by 1 year of supervised release and ordered to pay a $100.000 fine.  

SAN JOSE – Marlon Lee Davis was sentenced to 84 months in prison for his role in a conspiracy to possess with the intent to distribute methamphetamine announced Acting United States Attorney Alex G. Tse and Drug Enforcement Administration (DEA) Assistant Special Agent in Charge Christopher D. Nielsen.  The sentence was handed down yesterday afternoon by the Honorable Beth Labson Freeman, U.S. District Judge, following the entry of Davis’s guilty plea on April 11, 2017. 

According to his plea agreement, Davis, 56, of San Jose, admitted that in August and September of 2016, he knowingly conspired to possess and distribute methamphetamine with codefendant Yara Banderas Martinez.  Davis admitted he let Banderas Martinez use his San Jose apartment to store the drugs that they intended to distribute.  Also, on August 30, 2016, Davis accompanied Banderas Martinez to a one kilogram methamphetamine transaction.  Davis admitted that he delivered the drugs to Banderas Martinez and her buyer while they were in the buyer’s car.  

On September 14, 2016, law enforcement agents searched Davis’s apartment where they found 388.9 grams of methamphetamine.  Davis admitted that he gave permission to store the drugs in his apartment as part of the drug distribution activity.

On April 10, 2017, Davis was charged in a superseding information with one count of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846, Pursuant to his guilty plea, Davis pleaded guilty to the charge.  

In addition to the prison term, Judge Freeman ordered Davis to serve a five-year period of supervised release.  Davis is currently in custody and will begin serving his sentence immediately.  After pleading guilty to her role in the conspiracy, Banderas Martinez fled in February 2018 and became a fugitive.

Special Assistant U.S. Attorney Christopher Vieira is prosecuting the case with the assistance of Susan Kreider.  The prosecution is the result of an investigation by the DEA.

Fugitive Yara Banderas Martinez

United States Attorney Duane A. Evans announced that LAZARO VILLATORO-BODDEN (“VILLATORO-BODDEN”), age 36, was sentenced today after pleading guilty on January 10, 2018, to a one-count Bill of Information for illegal use of a social security number in violation of Title 42, United States Code, Section 408(a)(7)(B). United States District Judge Ivan L.R. Lemelle sentenced VILLATORO-BODDEN to one year of imprisonment, three years of supervised release, and a mandatory special assessment fee of $100.

According to court records, VILLATORO-BODDEN knowingly and with the intent to deceive, falsely represented that a social security number was assigned to him by the Commissioner of Social Security when, in fact, as VILLATORO-BODDEN knew, the social security number had not been assigned to him. His deception and illegal use of the social security number was done for the purpose of obtaining boat registration documents from the Louisiana Department of Wildlife and Fisheries.

U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security in investigating this matter.  Assistant U. S. Attorney Michael M. Simpson is in charge of the prosecution.

SAN JOSE – Robert Krietzman was sentenced to five years in prison and ordered to pay $5,000 in restitution for possession of child pornography, announced Acting United States Attorney Alex G. Tse and Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin.  The sentence was handed down by the Honorable Beth L. Freeman, U.S. District Judge.

On April 17, 2018, Krietzman, 53, of Watsonville, Calif., pleaded guilty to possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4).  According to the plea agreement, Krietzman admitted to possessing over 600 images and videos depicting minors engaged in sexually explicit conduct. Many of the images depicted prepubescent female children engaged in masturbation, sexual intercourse with adult males, or in bondage.  The images were discovered in May of 2016 by Santa Cruz Police detectives executing a search warrant at Krietzman’s home in Watsonville.  The case later was referred for federal prosecution.  Krietzman was a credentialed first grade teacher in Watsonville at the time the images were located on electronic devices in his home.  

Krietzman was charged by information on September 6, 2017, with one count of possession of child pornography.  Pursuant to his April 17, 2018, plea agreement, pleaded guilty to this count.  He was sentenced the same day.

In addition to the prison term and restitution, Judge Freeman also sentenced the defendant to a five-year period of supervised release and required him to pay a $5,100 special assessment fee.  The Court also imposed forfeiture of all devices recovered from Krietzman’s home containing child pornography.  Judge Freeman also ordered Krietzman to register as a sex offender and participate in sex offender treatment and counseling.   The defendant was immediately remanded into custody to begin serving his sentence.

Assistant U.S. Attorney Marissa Harris is prosecuting the case with the assistance of Susan Kreider.  The prosecution is the result of an investigation by the HSI and the Santa Cruz Police Department.
 

SAN FRANCISCO – Salinas resident Ana Bajo, a/k/a Ana Covarrubias, pleaded guilty today to conspiring to file fraudulent claims for income tax refunds, announced Acting U.S. Attorney Alex G. Tse and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

According to documents and information provided to the court, during 2012, Bajo, 43, conspired with others to obtain the personal identifying information of others and use it to file more than 2,300 fraudulent income tax returns with the Internal Revenue Service (IRS).  These returns reported fake wages and fraudulently claimed dependents, education expenses, and tax credits.  In total, the returns sought approximately $9.7 million in refunds, of which the IRS paid more than $7.5 million. Bajo and her co-conspirators directed the fraudulently obtained refund checks into bank accounts that they controlled. On July 13, 2017, a federal grand jury indicted Bajo charging her with conspiracy to submit false claims, in violation of 18 U.S.C. § 286. Pursuant to today’s plea agreement, she pleaded guilty to the charge. 

U.S. District Judge Lucy H. Koh scheduled Bajo’s sentencing hearing for September 26, 2018.  Bajo faces a statutory maximum sentence of ten years in prison, as well as a period of supervised release, restitution, and monetary penalties.  

Assistant U.S. Attorney Michael G. Pitman and Trial Attorney Christopher Magnani of the Tax Division are prosecuting this case. This prosecution is a result of an investigation by the IRS Criminal Investigation.
 

     TUCSON, Ariz. – On April 18, 2018, Steve Martan, 58, of Tucson, Ariz., was sentenced by U.S. District Judge Cindy K. Jorgenson to 15 months’ imprisonment.  Martan had previously pleaded guilty to three counts of influencing, impeding, or retaliating against a federal official by threatening.

     On May 2, 4, and 10, 2017, Martan left a total of six threatening messages for Congresswoman Martha McSally on her congressional office voicemail.  Martan was identified through caller identification and subscriber information and was in possession of the phone used to leave these messages when he was arrested on May 11, 2017.

     The investigation in this case was conducted by the Federal Bureau of Investigation, with assistance from the United States Capitol Police.  The prosecution was handled by Angela W. Woolridge, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:                   CR-17-0857-TUC-CKJ

RELEASE NUMBER:           2018-043_Martan

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az

Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.

SYRACUSE, NEW YORK – Harry McCarthy, age 58, of Ogdensburg, New York, was sentenced today to serve 15 years in prison for his sexual exploitation of a minor, announced 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 (FBI).

As part of his guilty plea, McCarthy admitted that in 2013 and 2014, he used a minor to engage in sexually explicit conduct for the purpose of producing images of that conduct.  At the time of his crime, McCarthy was employed as an officer at the City of Ogdensburg, New York Police Department.

Chief United States District Judge Glenn T. Suddaby also imposed a lifetime term of supervised release, which will start after McCarthy is released from incarceration, and to pay a $10,000 fine. As a result of his conviction, McCarthy will be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorneys Katherine Kopita and Geoffrey Brown.

This case was prosecuted as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

ALBANY, NEW YORK – Marty Humphrey, age 65, of Schenectady, New York, was sentenced yesterday to 15 months in prison, to be followed by 3 years of supervised release, for conspiring to distribute cocaine and crack cocaine.

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 (FBI).

Humphrey pled guilty on March 9, 2018, admitting to conspiring to distribute cocaine and crack cocaine in Schenectady, between August 2016 and May 2017.  He was prosecuted as part of a takedown of a drug trafficking ring that operated in Schenectady and Albany. Charges are still pending against several of Humphrey’s co-defendants.  The charges against them are merely accusations, and they are each presumed innocent unless and until proven guilty

Humphrey’s case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Brendan Chandler, age 34, of Glenville, New York, was arrested yesterday and charged today with attempting to meet a 14-year-old girl for sex.

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 (FBI).

According to a criminal complaint, Chandler used the Kik messaging application to solicit sex from someone he thought was a 14-year-old girl, but who was actually a New York State Police Investigator acting in an undercover capacity.  Chandler was arrested in a parking lot in Albany County, where he thought he was going to pick up the girl in his car so that they could have sex.  The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Chandler appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending further proceedings. 

If convicted, Chandler faces at least 10 years and up to life in prison. He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.

This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBANY, NEW YORK – Terrance Robinson, a/k/a “Rico,” age 31, of Schenectady, New York, pled guilty today to distributing cocaine and cocaine base (a/k/a crack cocaine).

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 (FBI).

As part of his plea, Robinson admitted to selling a quantity of powder cocaine for $1,300 on September 1, 2016, to selling a quantity of powder cocaine for $1,500 on November 10, 2016, and to selling a quantity of crack cocaine for $170 on November 15, 2016.

Robinson faces up to 30 years in prison when he is sentenced on August 13, 2018 by Senior United States District Judge Gary L. Sharpe.  He also faces a term of post-imprisonment supervised release of at least 6 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes members of the Schenectady Police Department, and was prosecuted by Assistant U.S. Attorney Michael Barnett.

ALBANY, NEW YORK – Brian Napier, age 34, of Waterford, New York, pled guilty today to accessing a child pornography web site available only through an anonymous Internet network.

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 (FBI).

As part of his plea, Napier admitted that in 2015, he accessed Playpen, an online forum through which registered users advertised, viewed and distributed child pornography.  Images and videos shared through the site were highly categorized according to victim age and gender, and type of sexual activity depicted. 

Before the FBI seized the Playpen web site and shut it down, it was available only through an anonymous Internet network, which allowed users to access websites including Playpen without revealing their actual Internet Protocol address, geographic location, or other identifying information.  Napier admitted that he logged into Playpen in order to access its child pornography content. 

Napier, who is in custody, faces up to 10 years in prison when he is sentenced by Senior United States District Judge Thomas J. McAvoy on August 16, 2018.  He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

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

This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Clarence Adams, 35, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 250 months in prison and 10 years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on May 13, 2016, law enforcement officers seized three packages containing cocaine that were shipped from Texas to Buffalo. The cocaine was hidden inside air purifiers. Officers seized two of the packages before they were delivered and set-up controlled deliveries to addresses on Tyler and Custer Streets in Buffalo. The packages contained a total of five kilograms of cocaine. Adams recruited five individuals to receive the packages. He and co-defendant Robert Hall paid those receiving the packages in money or crack cocaine. A total of 19 packages were shipped from Texas to Buffalo, and each package contained at least one kilogram of cocaine. 

Robert Hall was previously convicted and is awaiting sentencing.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast; and the Cheektowaga Police Department, under the direction of Chief David Zack. 

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Steve S. Jabar, of Tonawanda, NY, who was convicted following a jury trial of conspiracy to commit wire fraud, wire fraud and making false statements, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Marie P. Grisanti and MaryEllen Kresse, who prosecuted the case, stated that Jabar, and co-defendant Deborah Bowers, founded a not for profit organization OKI, Opportunities for Kids International, Inc. In June 2004, Jabar and Bowers, through OKI, applied for and received a $500,000 grant from United Nations to create, maintain and operate a radio station in Iraq. The mission of the radio station was to further women’s rights issues in Iraq.

Within 24 hours of receiving a portion of the grant money, the defendants began to divert some of the funding for their own personal use. Jabar and Bowers diverted more than $65,000 for their own personal use. Jabar used some of the funding to pay off personal debts, including the payment of property taxes owed on his residence and business, as well as mortgage, utility, credit card payments and personal loan payments. Bowers also utilized some of the funding to pay personal credit card debt and make mortgage payments.

During the investigation, the defendants made false statement to investigator with the Internal Revenue Service in order to conceal with criminal behavior.    

Deborah Bowers is awaiting sentencing.

“Following a five-week trial, a jury returned a verdict convicting defendant Jabar of conspiring to commit wire fraud, engaging in wire fraud, and making materially false statements,” said U.S. Attorney Kennedy. “Notwithstanding that verdict, the trial judge found that the government’s evidence regarding harm to be lacking such that defendant’s wire fraud convictions could not be sustained. Notably, however, the Court found no infirmity in the defendant’s conviction for making a materially false statement to Special Agents of the Internal Revenue Service and the Federal Bureau of Investigation. That statement came when the defendant falsely told agents that the entire $350,000 grant from the United Nations was sent to Iraq for the radio station, with the exception of expenses totaling no more than $10,000. In truth and in fact, however, the defendant used tens of thousands of dollars of the UNIFEM grant money to pay his personal loans and expenses.  Such monies were not sent to Iraq for purposes of the radio station. Despite the defendant’s criticism of the government, his anger is misplaced. The only person he has to be mad at is himself. The job of the prosecutors in my Office and the job of our law enforcement partners is impartially to enforce the law. That is precisely what happened here—nothing more and nothing less. I commend Assistant United States Attorneys Marie Grisanti and Mary Ellen Kresse and the fine men and women of the IRS and the FBI for their efforts in this case. The defendant could have avoided this entire ordeal simply by being completely honest, forthright, and transparent in all of his dealings with the government. His refusal to do that is precisely what landed him before a federal judge for sentencing today.”

Today’s sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Yount, 46, of Lancaster, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to making a materially false statement. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on July 18, 2016, the New York State Department of Environmental Conservation responded to an alleged oil spill in Cayuga Creek in Niagara Falls, NY. The NYS-DEC Spills Unit found a significant amount of suspected waste oil in the creek along Niagara Falls Boulevard near Tuscarora Road and in a large storm sewer water pipe along Niagara Falls Boulevard.

As part of a subsequent investigation, a DEC Environmental Programs Technician began looking into potential sources of the oil discharge—which the Technician estimated to be between 300 and 500 gallon oil spill—and whether a violation of the Clean Water Act had occurred. The Technician contacted the defendant, who was the Environmental Compliance Officer for Delta Sonic Car Wash Systems, Inc., which has a location on Niagara Falls Boulevard, approximately a half a mile from Cayuga Creek. During a meeting at the Delta Sonic location on Niagara Falls Boulevard, the Technician learned that Delta Sonic was renovating the oil change and lube shop garage, which involved the removal of concrete floors by a subcontractor. At that time, Yount stated that there had not been any problems except for a minor spill of approximately two gallons of oil which was immediately cleaned up. 

The Technician returned to Delta Sonic the following day and observed an absorbent boom with oil on it in a storm sewer receiver located in the parking lot outside of the oil change garage. While the Technician was looking into the storm sewer receiver with the defendant, Yount, sought to mislead the Technician by stating that booms were often left in sewers and that the boom in question may have been in there for some time. However, the defendant knew that booms were not often left in the sewers at Delta Sonic and that this boom had been placed in the storm sewer receiver approximately six days earlier.  Such boom had been placed in the storm sewer receiver as a result of a complaint by another Delta Sonic employee that oily wastewater was being pumped into it as a result of the renovation of the Delta Sonic oil change and lube shop garage.

“The Great Lakes, the Niagara River, and its tributaries are among the most precious natural resources in our community,” stated U.S. Attorney Kennedy. “We will continue to work vigilantly with our federal, state, and local partners to preserve and protect those valuable resources and to prosecute those whose actions bring them harm.”

“The failure of this defendant to supply accurate and timely information on this spill delayed a speedy response to rectify this environmental threat,” said NYS-DEC Commissioner Basil Seggos. “DEC’s spill response experts are on the frontlines every day protecting New Yorkers when incidents happen and need correct information to guide on-the-ground remediation efforts. I applaud the work of our DEC Investigators, the United States Attorney’s Office for the Western District of New York and the Environmental Protection Agency for bringing this case to fruition.”

The plea is the result of an investigation by the Environmental Protection Agency –Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon; the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain John Burke; and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.

Sentencing is scheduled for August 23, 2018 at 3:00 p.m. before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division announced today that Dorian Wills, 52, of Buffalo, NY, pleaded guilty to tax evasion before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine. 

According to documents and information provided to the court, between April 2010 and October 2013, the defendant operated a debt collection business under various names, including Heritage Capital Services LLC; Performance Payment Processing LLC; Performance Payment Service LLC; Pinnacle Payment Service LLC; and Velocity Payment Solutions LLC. Wills resided in the Western District of New York but spent significant time in Cleveland, Ohio, and Atlanta, Georgia, where the debt collection companies were located. From approximately November 2010 through approximately October 2013, the defendant operated a business called Freestar World LLC, through which he did work for the debt collection companies.

The debt collection companies engaged in illegal debt collection practices such as making threatening and harassing phone calls, and collecting on debt that did not exist or debt to which the debt collection companies did not have title. To avoid detection by state and federal law enforcement authorities, Wills solicited two individuals to assist him with his businesses.

The defendant had these individuals incorporate several debt collection companies in Georgia and Ohio, open dozens of bank accounts in the names of the debt collection companies, and submit applications for merchant accounts in the names of the debt collection companies.

Between 2010 and 2013, none of the debt collection companies filed a tax return. In addition, Wills failed to file his 2011 and 2013 personal income tax returns, despite some of the debt collection companies earning approximately $4,000,000 in gross receipts.

For the tax year 2012, the defendant filed a personal income tax return but the return did not include income information from any businesses, some of which earned nearly $5,000,000 in gross receipts in 2012, except for Freestar.

As a result of unreported income and the unpaid 2012 taxes, the defendant owes $1,209,537.88 in federal income taxes for tax years 2011 through 2013.

Previously, Wills and the debt collection companies were the subject of a civil investigation by the Federal Trade Commission, with the defendant and the FTC stipulating to a final order for permanent injunction on August 8, 2014. 
           
Judge Wolford scheduled sentencing for Aug. 23, 2018. Wills faces a statutory maximum sentence of five years in prison. He also faces a period of supervised release, restitution and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Kennedy thanked special agents of IRS Criminal Investigation, who conducted the investigation, AUSA Marie P. Grisanti, and Tax Division Trial Attorneys Jason M. Scheff and Thomas F. Koelbl, who are prosecuting the case.

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

CINCINNATI – A federal grand jury has charged six individuals in a narcotics conspiracy involving the alleged smuggling of narcotics into an Ohio prison.

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Ohio Attorney General Mike DeWine and Warren County Sheriff Larry L. Sims announced the charges.

Each defendant is charged with one count of conspiring to possess with intent to distribute narcotics, a crime punishable by up to 20 years in prison. Those charged include:

According to the indictment, the defendants conspired to distribute Suboxone, cocaine, methamphetamine and marijuana inside London Correctional Institute.

Brodbeck was a contract employee of the prison’s food service company and worked in the prison kitchen. He allegedly smuggled narcotics in to inmates after purchasing the narcotics in various cities in Southern Ohio, including Middletown, Dayton and Springfield. Brodbeck’s co-defendants were each inmates of the facility at one point and allegedly paid Brodbeck for the narcotics.

U.S. Attorney Glassman commended the investigation of this case by the FBI, Ohio Bureau of Criminal Investigation (BCI), Warren County Sheriff’s Office and Ohio Department of Rehabilitation and Corrections, as well as Assistant United States Attorney Christy L. Muncy, who is prosecuting the case.

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

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