Buffalo Man Sentenced on Drug Conspiracy and Money Laundering Charges

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Derek Frank, 31, of Buffalo, New York, who was convicted of conspiracy to distribute 100 kilograms or more of marijuana and money laundering conspiracy, was sentenced to 135 months in prison and five years’ supervised released by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between February 2008 and February 2011, the defendant traveled from Buffalo to Arizona to purchase marijuana. Frank then shipped the marijuana to various addresses in Buffalo, New York, or had individuals transport it in a concealed compartment in a pickup truck from Arizona to Buffalo. When the defendant remained in Arizona for longer periods of time, he arranged for other individuals in Buffalo to deposit the proceeds from his marijuana distribution into his bank account in Buffalo. Frank thereafter withdrew those funds from his account at a bank branch in Arizona and used the funds to purchase more marijuana.

In furtherance of his drug related activities, Frank arranged to have Tinisha Tucker Anthony, a former U.S. Airways employee, and Regina McCullen, a former employee in the City of Buffalo Clerk’s Office, assist him in flying under an assumed identity between Buffalo and Arizona. Tinisha Tucker Anthony arranged for a birth certificate card to be issued by the city of Buffalo, which contained the fingerprints and photograph of Derek Frank, and the name of another person. In addition, Anthony used her position as a customer service representative for U.S. Airways at the Raleigh-Durham Airport to arrange for Derek Frank to fly between Buffalo and Arizona, using the birth certificate card in the name of another. Regina McCullen used her official position as a Customer Assistant in the Clerk’s Office to illegally produce the birth certificate card.

The defendant also arranged to have Minnetta Walker, a behavioral detection officer employed by the Department of Homeland Security, Transportation Security Administration (TSA), assist him in his drug trafficking operation. Walker allowed Frank to bypass normal security procedures, measures, and requirements at the Buffalo Niagara International Airport. This included bypassing functions performed by a TSA screener or ticket document checker to examine persons, property, and other articles entering aircraft and the airport area at the BNIA. TSA is an agency responsible for ensuring passenger safety and national security as it relates to the country’s air transportation system.

Minetta Walker pleaded guilty to conspiracy to defraud the United States and was sentenced to 24 months in prison in January 2012. Tinisha Tucker-Anthony and Regina McCullen each pleaded guilty to conspiracy to commit fraud in connection with identification documents. Anthony and McCullen were both sentenced to probation. Miguel Guzman, who was also convicted of narcotic conspiracy charges in connection with this case, was sentenced to probation. David North, Sr., who drove marijuana from Phoenix to Buffalo on Frank’s behalf, has pleaded guilty to conspiracy to possess with intent to distribute marijuana and is awaiting sentencing.

“This case demonstrates that the tentacles of a narcotics trafficking operation infiltrate many legitimate businesses and, in some cases, the most sensitive government operations,” said U.S. Attorney Hochul. “This prosecution further proves that no matter how smart a criminal thinks he or she is, and no matter the position they may hold, all get caught sooner or later. We will continue to work closely with all of our law enforcement partners in order to protect the public.”

The sentencing is part of an investigation by special agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota; Transportation Safety Administration, U.S. Department of Homeland Security, under the direction of Federal Security Director, Derek DePietro; U.S. Immigration and Customs Enforcement, under the direction of James C. Spero; U.S. Drug Enforcement Administration, under the direction of Wilbert L. Plummer, Acting Special Agent in Charge, New York Field Division; and NFTA Transit Police, under the direction of Chief George Gast.

Airline Employee Sentenced on Federal Fraud Charges

BUFFALO—U.S. Attorney William J. Hochul, Jr. announced today that Tinisha Tucker Anthony, 28, of Charlotte, North Carolina, who was convicted of conspiracy to commit fraud in connection with identification documents, was sentenced to two years’ probation by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that the defendant arranged for a birth certificate card to be issued by the city of Buffalo that contained the fingerprints and photograph of Derek Frank and the name of another person, namely, her stepson. In addition, Anthony used her position as a customer service representative for U.S. Airways at the Raleigh-Durham Airport to arrange for Derek Frank to fly between Buffalo, New York and Phoenix, Arizona using the birth certificate card in the name of a her stepson.

Derek Frank was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 kilograms or more of marijuana, and is scheduled to be sentenced by Judge Arcara on June 1, 2012. Former Transportation Safety Administration employee Minnetta Walker was convicted of conspiracy to defraud the United States for assisting Derek Frank in bypassing airport security and was sentenced to two years in prison. Regina McCullen was convicted of conspiracy to commit fraud in connection with identification documents for illegally producing a birth certificate card used by Derek Frank and was sentenced to two years’ probation. Miguel Guzman was convicted of conspiracy to possess with intent to distribute marijuana for conspiring with Derek Frank in his drug trafficking activities and was sentenced to three years’ probation.

The plea is a part of the ongoing investigation on the part of special agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota; Transportation Safety Administration, U.S. Department of Homeland Security, under the direction of Federal Security Director, Derek DePietro; U.S. Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero; and the U.S. Drug Enforcement Administration, under the direction of Wilbert L. Plummer, Acting Special Agent in Charge, New York Field Division.

Statement of Special Agent in Charge Robert E. Casey, Jr. Regarding JetBlue Incident

On March 27, 2012, the FBI was notified of a disturbance aboard JetBlue Flight 191, which was en route from New York, New York to Las Vegas, Nevada. The flight was diverted to Amarillo, Texas to resolve the situation aboard the aircraft. Upon arrival at Amarillo, the aircraft was met by FBI agents, Amarillo Police Department officers, and emergency medical personnel. The pilot of the aircraft, Clayton Osbon, age 49, was removed from the aircraft for medical evaluation and is under a law enforcement hold at a local medical facility pending completion of this evaluation.

An FBI investigation into the incident was initiated and is still ongoing. The FBI is coordinating its investigation with the assistance of JetBlue, the Federal Aviation Administration, the Transportation Security Administration, the National Transportation Safety Board, the Amarillo Airport Police Department, and the Amarillo Police Department. The FBI will present facts obtained through investigation to the United States Attorney’s Office for its consideration as to any federal criminal charges. Any additional information regarding federal criminal charges will be issued by the United States Attorney’s Office for the Northern District of Texas.

JetBlue Pilot Charged with Interference with a Flight Crew

AMARILLO, TX—A federal criminal complaint was filed in the Northern District of Texas today that charges JetBlue pilot Clayton Frederick Osbon, 49, with interference with a flight crew, announced U.S. Attorney for the Northern District of Texas Sarah R. Saldaña.

According to the affidavit filed with the complaint, Osbon, a pilot working JetBlue Flight 191 from New York’s John F. Kennedy (JFK) Airport to Las Vegas, according to witnesses, arrived at JFK later than he should have for the flight and missed the crew briefing. As the plane was leaving JFK and climbing in altitude in its scheduled five-hour flight, Osbon said something to the first officer (FO) about being evaluated by someone, but the FO did not know what he meant. Osbon then talked about his church and the need to “focus” and asked the FO to take the controls and work the radios. Osbon began talking about religion, but, according to the FO, his statements were not coherent.

The affidavit goes on to say that the FO became concerned when Osbon said “things just don’t matter.” According to the FO, Osbon yelled over the radio to air traffic control and instructed them to be quiet. Osbon turned off the radios in the aircraft, dimmed his monitors, and sternly admonished the FO for trying to talk on the radio. When Osbon said “we need to take a leap of faith,” the FO stated that he became very worried. Osbon told the FO that “we’re not going to Vegas” and began giving what the FO described as a sermon.

The affidavit states that the FO suggested to Osbon that they invite the off-duty JetBlue captain who was on board the flight into the cockpit; however, Osbon abruptly left the cockpit to go to the forward lavatory, alarming the rest of the flight crew when he didn’t follow the company’s protocol for leaving the cockpit. When flight attendants met Osbon and asked him what was wrong, he became aggressive and banged on the door of the occupied lavatory, saying he needed to get inside.

While Osbon was in the lavatory, at the request of the FO, a flight attendant brought the off-duty captain to the cockpit, where he assisted the FO with the remainder of the flight. When Osbon exited the lavatory, he began talking to flight attendants, mentioning “150 souls on board.” Osbon walked to the rear of the aircraft but along the way stopped and asked a male passenger if he had a problem. Osbon then sprinted back to the forward galley and tried to enter his code to re-enter the cockpit. When the FO announced over the public address system an order to restrain Osbon, several passengers assisted and brought Osbon down in the forward galley, where he continued to yell comments about Jesus, September 11, Iraq, Iran, and terrorists.

The FO declared an emergency and diverted the aircraft to Amarillo, landing with passengers still restraining Osbon in the galley. Osbon was removed from the aircraft and taken to a facility in the Northwest Texas Healthcare System in Amarillo for medical evaluation, where he remains.

A federal complaint is a written statement of the essential facts of the offenses charged and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The maximum penalty, upon conviction, for interference with a flight crew is a 20 years in prison and a $250,000 fine. The U.S. Attorney’s Office for the Northern District of Texas has 30 days to present the matter to a grand jury for indictment.

The ongoing investigation is being led by the FBI with the assistance of JetBlue, the Federal Aviation Administration, the Transportation Security Administration, the National Transportation Safety Board, the Amarillo Police Department, and the Rick Husband Amarillo International Airport Police Department.

Assistant U.S. Attorney Christy L. Drake, of the U.S. Attorney’s Office in Amarillo, is in charge of the prosecution.

San Juan CBP Nabs Alien Smuggler before Boarding Flight

Indicted today; provided ID and travel ticket to an alien flying to Miami

San Juan, Puerto Rico – Today a federal grand jury indicted Melvin Santana-Ramirez, a legal permanent resident, for providing ID and paying for the airfare of an undocumented alien from the Dominican Republic.

Mr. Santana-Ramirez, a citizen of the Dominican Republic, was arrested by U.S. Customs and Border Protection (CBP) officers Thursday September 15 at the Luis Munoz Marin International Airport and made an initial appearance before U.S. Magistrate Judge Camille Velez-Rive on Friday September 16.

At the airport security checkpoint an individual presented a Transportation Security Administration (TSA) officer a Puerto Rico Drivers license under the name of Jorge Edgardo Altreche-Rodriguez.

Upon further questioning by the TSA officer, the individual fled the security checkpoint leaving behind the ID and other documents such as a Social Security card and Puerto Rico birth certificate.

The subject was later found by the Puerto Rico Police Department hiding near the Aero-parque and was taken into custody of CBP.

While in detention, CBP officers verified that the subject’s real identity is Freddy Johan Abreu-Castillo, a citizen of the Dominican Republic, who appeared to be scheduled to board an American Airlines flight bound to Miami, Florida.

Airline databases revealed that the ticket was purchased by another person under the name of Melvin Santana-Ramirez, who was found and detained before boarding the flight.

“CBP officers are always vigilant to detect individuals that have broken our laws and attempt to defeat our justice system,” said Marcelino Borges, director of field operations for Puerto Rico and the U.S. Virgin Islands.

Mr. Santana-Ramirez, knowing and in reckless disregard of the fact that Freddy Johan Abreu-Castillo, was an alien that had come to, entered, or remained in the United States in violation of law, did transport or attempt to transport said alien from Puerto Rico to Miami, Florida, via commercial airline and/or via purchase of commercial airfare under a name known to be false and which purported to be the identity of a United States citizen or someone who was legally within the United States, all in violation of Title 8, United States Code, Section1324(a)(1)(A)(ii).

Special Assistant U.S. Attorney Kelley L. Tiffany will prosecute the case.

If convicted Mr. Santana-Ramirez faces a fine or imprisonment for not more than 10 years or both.

All defendants are presumed innocent until proven guilty before a court of law.

U.S. Customs and Border Protection is the unified border law enforcement agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Three Defendants Charged with Attempted Drug Smuggling Through Salt Lake City Airport

SALT LAKE CITY—A federal indictment unsealed Friday afternoon in Salt Lake City charges three individuals with conspiracy and attempt to possess methamphetamine with intent to distribute. The charges also allege that defendants in the case used employee access doors at the airports as a part of their attempt to distribute the methamphetamine.

Charged in the 10-count indictment are Angel F. Segura, age 42, of South Jordan; Jesus A. Aleman, age 20, of Salt Lake City; and Oswaldo Rosas, age 29, of Salt Lake City. An arraignment and detention hearing was held Friday afternoon for Segura. Segura will be detained pending trial. An arraignment for Aleman and Rosas is scheduled for Monday morning before U.S. Magistrate Judge David Nuffer. Aleman and Rosas were arrested on a complaint filed earlier but have been released.

The charges follow a joint investigation by the FBI, the Utah County Major Crimes Task Force, the Transportation Security Administration, and the Salt Lake City Airport Police. Authorities at the Salt Lake City Airport also were involved in coordinating issues related to the case.

The first count of the indictment, a conspiracy count, alleges that from about Oct. 22, 2010, and continuing until June 21, 2011, Segura, Aleman and Rosas conspired to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine. In addition to bypassing security checkpoints at the Salt Lake City Airport by taking packages through an employee access door, the conspiracy includes allegations that Segura bypassed security checkpoints with what he believed to be methamphetamine at an airport in California. Segura is a former airport contract employee.

The indictment includes five counts of attempted possession of methamphetamine with intent to distribute—which includes four involving the Salt Lake City Airport and one involving a California airport.

The indictment also includes four counts of entering an airport security area with intent to commit a felony, which in this case was an attempt to possess drugs with intent to distribute. These counts all relate to the Salt Lake City Airport.

“TSA worked very closely with law enforcement on this case, and there was never any threat to the airport or aircraft,” said Salt Lake City International Federal Security Director Vera Adams. “All airport employees undergo background checks and are continuously vetted against terrorist watch lists as one of many layers of aviation security.”

According to the complaint filed in the case, on June 9, 2011, Segura and Aleman arranged to pick up 3 kilograms of crystal methamphetamine at a hotel near the Los Angeles Airport on June 9, 2011. Segura took possession of what he believed was crystal methamphetamine and received $4,500 as a payment to transport the purported drugs.

Segura and Aleman transported the purported drugs back to Utah in a rented car. Once they arrived back in Salt Lake City, Segura contacted Rosas, a contract employee at the Salt Lake City Airport by telephone asking if he “was willing to do what they had talked about.” Rosas agreed to meet Segura the following day to assist Segura by taking a package through an employee access door at the Salt Lake City Airport before returning it to Segura on the secure side of the airport.

Segura and Rosas met in the short term parking lot of the airport the following day. Segura gave Rosas a package which he placed in his grey and red colored backpack. Rosas then took the backpack through a secure employee door. Segura, according to the complaint, met Rosas inside the terminal in the Delta Sky Lounge carrying a black duffle bag. Segura then exited the lounge with his black duffle bag and boarded a flight to Atlanta. When Segura arrived in Atlanta, he delivered the 3 kilograms of purported crystal methamphetamine to an individual at a motel near the Atlanta airport.

These alleged transactions are charged as counts seven and eight in the indictment.

“While no passengers or aircraft were threatened by the defendants in this case, it illustrates a potential risk. The defendants, as the charges allege, were able to carry a package with unknown contents through an employee access door at the Salt Lake City Airport and onto a commercial airliner. They believed the package contained crystal methamphetamine. However, they were unaware of the actual contents,” U.S. Attorney Carlie Christensen said.

Greg Bretzing, Acting FBI Special Agent in Charge, said, “The security at our nation’s airports is a priority for the FBI. Through strong law enforcement partnerships the FBI can swiftly address the type of criminal activity uncovered during this investigation. By closely collaborating with the Transportation Security Administration, the Salt Lake City Airport Police, the Utah County Major Crimes Task Force, and our other law enforcement partners, the FBI was able to stop the attempted transportation of illegal drugs and arrest the individuals allegedly involved in this conspiracy.”

The six drug-related counts in the indictment carry potential maximum penalties of life in prison with a 10-year mandatory minimum per count. The four counts alleging entering an airport area in violation of security requirements have potential maximum penalties of up to 10 years in prison.

Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.