Ten-Year Sentences Handed Down to Men Who Grew Marijuana in the Chequamegon-Nicolet National Forest

MADISON, WI—John W. Vaudreuil, United States Attorney for the Western District of Wisconsin, announced that Cesar Tinoco, 21, Abraham Ramirez, 29, and Jorge Lopez-Ontiveros, 25, all citizens of Mexico, were each sentenced this week by U.S. District Judge Barbara B. Crabb to 10 years in federal prison for their involvement in a conspiracy to manufacture marijuana in the Chequamegon-Nicolet National Forrest during 2011. All three men pleaded guilty to the conspiracy charge in November of 2011.

Evidence summarized by the government at the plea hearings established that Tinoco, Ramirez and Lopez-Ontiveros were apprehended in early August 2011 along with Jose Esqueda-Garcia, 19, of Mexico, Moises Lopez-Ontiveros, 21, of Mexico, and Norberto Burciaga, 40, of St. Paul, Minnesota, after the marijuana grow they tended in the forest was raided by more than 200 law enforcement officers from over a dozen different local, state, and federal agencies. The grow location had initially been discovered in November of 2010 by hunters who reported the find to police. Police monitored the area in 2011 to determine if persons involved in the grow would return to use the area again. After months of monitoring and surveillance, law enforcement officers raided the campsite of the suspected growers and seized over 9,400 marijuana plants that had been planted, fertilized, and watered by the men. Initially, four of the five men at the camp eluded capture until the following day when Burciaga arrived from Minnesota to pick them up. Sawyer County deputies observed Burciaga’s truck, which investigators were familiar with based on the surveillance over the summer, and stopped it as it headed back toward Minnesota, apprehending Burciaga and four of the suspects who had fled and stayed in the forest overnight.

The three remaining defendants, Norberto Burciaga, 40, St. Paul, Minn., Jose Esqueda-Garcia, 19, Mexico, and Moises Lopez-Ontiveros, 21, Mexico, will be sentenced within the next two weeks.

The charges against the defendants were the result of an investigation by the Wisconsin Department of Justice-Division of Criminal Investigation; Ashland County Sheriff’s Department; Drug Enforcement Administration; U.S. Forest Service; Federal Bureau of Investigation; Wisconsin Department of Natural Resources; Northwest Area Crime Unit (comprised of Sawyer, Douglas and Washburn County Sheriffs’ Departments and Superior Police Department); U.S. Customs and Border Protection; and Great Lakes Indian Fish & Wildlife Commission. The prosecution of the case has been handled by Assistant U.S. Attorney Robert A. Anderson.

Federal Grand Jury Returns Indictments

MADISON, WI—A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments yesterday. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

Two Madison Residents Charged with Gun Crimes

Travis Talley, 28, Madison, Wis., is charged with three counts of unlawfully possessing a firearm after previously being convicted of a misdemeanor crime of domestic violence. The indictment alleges that from August 2, 2010 to November 3, 2010, Talley unlawfully possessed two .45 caliber pistols, a .40 caliber pistol, and ammunition. Ashley Wire, 24, Madison, is charged with three counts of making a false statement on a federally required form. The indictment alleges that on July 31, August 27, and November 1, 2010, she falsely stated on a Firearms Transaction Record that she was the actual buyer of a firearm, when in fact she was not.

If convicted, Talley faces a maximum penalty of 10 years in federal prison on each count, and Wire faces a maximum penalty of five years in federal prison on each count. The charges against them are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Madison Police Department. The prosecution of this case has been assigned to Assistant U.S. Attorney Peter M. Jarosz.

Three Face Crack Cocaine Charges

Ryan K. Cook, 20, Madison, Wis.; Calvin T. Balentine, 29, Chicago; and Basil D. Greene, 21, Madison, face multiple charges regarding the distribution of crack cocaine in the Madison area. Greene is charged with possessing cocaine with intent to distribute, and with possessing a firearm in furtherance of a drug trafficking crime. The indictment alleges that he possessed crack cocaine and a .45 caliber firearm on March 17, 2011. Greene is also charged with distributing crack cocaine on July 15 and August 2, 2011 and with using a telephone on those dates to facilitate the commission of a felony, specifically the distribution of crack cocaine.

Balentine is charged with possessing crack cocaine with intent to distribute on August 1, 2011, and with using a telephone on August 3 and 4, 2011, to facilitate the commission of a felony, specifically the distribution of crack cocaine. Greene and Balentine were originally charged with conspiracy to possess crack cocaine with intent to distribute in a complaint filed in U.S. District Court on August 8, 2011.

Cook is charged with distributing crack cocaine on April 4, 12 and 20, 2011. The indictment alleges that the amount he distributed on April 4 was 28 grams or more. Cook is also charged in a separate indictment returned by the grand jury yesterday with being a felon in possession of a firearm and possessing a firearm with an obliterated serial number. The indictment alleges that he possessed the firearm on August 5, 2011.

If convicted, the defendants face a maximum penalty of 20 years in federal prison on each drug count. Cook faces a mandatory minimum penalty of five years in federal prison on the count involving 28 grams or more of crack cocaine. The telephone counts carry a maximum penalty of four years in federal prison, and the firearms counts have a maximum penalty of 10 years in federal prison. The charges against them are the result of an investigation by the Federal Bureau of Investigation, Dane County Narcotics and Gang Task Force, Drug Enforcement Administration, Rock County Safe Streets Task Force (comprised of the Federal Bureau of Investigation, Beloit Police Department, and Rock County Sheriff’s Department), Wisconsin State Patrol, Madison Police Department, Dane County Sheriff’s Department, University of Wisconsin Police Department, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution of this case has been assigned to Assistant U.S. Attorney David J. Reinhard.

Six Indicted for Marijuana Grow Operation

Six men have been charged in a four-count indictment with conspiracy to manufacture marijuana, to possess marijuana with intent to distribute, and to distribute marijuana. They are also charged with manufacturing 1,000 or more marijuana plants, and with possessing marijuana within intent to distribute. The defendants allegedly cultivated a large marijuana grow operation in the Chequamegon-Nicolet National Forest in northern Wisconsin.

The individuals charged are:

1. Jose Esqueda-Garcia, 19, a citizen of Mexico;

2. Norberto Burciago, 40, St. Paul, Minn.;

3. Cesar Omar Tinoco, 21, a citizen of Mexico;

4. Moises Lopez-Ontiveros, 21, a citizen of Mexico;

5. Jorge Lopez-Ontiveros, 24, a citizen of Mexico; and

6. Abraham Ramirez, 29, a citizen of Mexico.

Moises Lopez-Ontiveros and Jorge Lopez-Ontiveros are brothers.

The indictment alleges that Norberto Burciago transported supplies, groceries, and other items necessary for the grow operation to the other five defendants, who were camped at a remote site within the forest for the purpose of tending to, caring for, protecting, and ultimately harvesting over 9,000 marijuana plants that had been secretly planted on U.S. Forest Service land.

The indictment also charges Jose Esqueda-Garcia, Cesar Omar Tinoco, Moises Lopez-Ontiveros, Jorge Lopez-Ontiveros, and Abraham Ramirez with possessing firearms during and in relation to drug trafficking crimes. The indictment alleges that on August 10, 2011, they possessed three rifles and three handguns.

If convicted, each defendant faces a mandatory minimum penalty of 10 years and a maximum of life in federal prison on the three marijuana counts. The firearms count carries a penalty of not less than five years, to be served consecutive to any other penalty imposed. The charges against these individuals are the result of an investigation by the Wisconsin Department of Justice - Division of Criminal Investigation; Ashland County Sheriff’s Department; Drug Enforcement Administration; U.S. Forest Service; Federal Bureau of Investigation; Wisconsin Department of Natural Resources; Northwest Area Crime Unit (comprised of Sawyer, Douglas and Washburn County Sheriffs’ Departments and Superior Police Department); U.S. Customs and Border Protection; and Great Lakes Indian Fish & Wildlife Commission. The prosecution of the case will be handled by Assistant U.S. Attorney Robert A. Anderson.

Large Marijuana Grow Operation on U.S. Forest Land Eradicated

One Man Arrested and Four Others Sought; Will Face Federal Drug Charges

MADISON, WI—John W. Vaudreuil, United States Attorney for the Western District of Wisconsin, announced that a large marijuana grow operation located in the Chequamegon-Nicolet National Forest in Ashland County, Wis., was eradicated today. One individual was arrested at the scene, and four others are at large. The marijuana grow involved thousands of plants over a several-acre area approximately 25 miles northwest of Park Falls, Wis. Law enforcement was alerted to its presence by a tip from a hunter in November 2010.

Approximately 175 federal, state, and local law enforcement agents were involved in today’s operation, which involved the removal of the marijuana plants and the processing of the site for evidence. An evaluation of the scene indicated that the grow operation has been active for some time. The site included a campsite for individuals who cultivated the grow operation. Loaded firearms were found at the campsite.

Law enforcement officials are asking any members of the public who see suspicious individuals in the area to contact the Ashland County Sheriff’s Office at 715- 685-7640.

Any individuals who are arrested in connection with this grow operation will be charged by the U.S. Attorney’s Office with manufacturing marijuana.

“Unfortunately, there are criminals who take advantage of the remote and heavily wooded nature of our national forests to cultivate marijuana on a large-scale basis. Visitors to U.S. forest land who come upon marijuana grow operations should leave the area immediately and report their observations to law enforcement authorities,” United States Attorney Vaudreuil said.

The investigation of this matter is being conducted by the Wisconsin Department of Justice - Division of Criminal Investigation; Ashland County Sheriff’s Department; Drug Enforcement Administration; U.S. Forest Service; Federal Bureau of Investigation; Wisconsin Department of Natural Resources; Northwest Area Crime Unit (comprised of Sawyer, Douglas and Washburn County Sheriffs’ Departments and Superior Police Department); U.S. Customs and Border Protection; and Great Lakes Indian Fish & Wildlife Commission. The prosecution of the case will be handled by Assistant U.S. Attorney Robert A. Anderson.

The U.S. Forest Service will lead a field tour of the area for members of the media once it is cleared of all evidence. This is tentatively scheduled for Tuesday, August 23. For further information, please contact Suzanne Flory, Public Affairs Officer for the Chequamegon-Nicolet National Forest, at 715-362-1354 (office) or 715-493-5667 (cell).

U.S. Forest Service Employee Pleads Guilty to Federal Charge of Receipt of Child Pornography

JACKSONVILLE, FL—United States Attorney Robert E. O'Neill announced today that Derek Alan Lee (44, Orange Park), pleaded guilty in U.S. District Court to receiving images and videos depicting child pornography over the Internet. At the time of his arrest on December 10, 2010, Lee was an employee with the United States Forest Service. Lee faces a minimum of five years and up to 20 years in federal prison, a $250,000 fine, and a potential life term of supervised release. A sentencing date has not yet been set.

According to court documents, in November 2010, an investigator with the Florida Attorney General’s Office, Child Predator Cybercrime Unit, began an online undercover investigation to identify individuals using the Internet to share images and videos of child pornography. The investigator identified a particular host computer that was sharing several hundred files depicting child pornography. Subpoenaed documents from the Internet service provider revealed that this host computer resolved to the residence of Derek Alan Lee in Orange Park, Florida.

According to court documents, on December 10, 2010, law enforcement officers executed a search warrant at Lee’s residence in Orange Park. After securing the residence, the agents interviewed Lee's stepson, Jeffrey Dean McMillan (age 21). In summary, McMillan admitted that he possessed child pornography on his computer, and he indicated that images and videos of child pornography were also located on his stepfather’s (Lee’s) computer. McMillan was placed under arrest. The agents contacted Lee and invited Lee to return to the residence. A short time later, Lee arrived at the residence and was interviewed. When asked what kind of files he had on his computer, Lee responded, “If you have a search warrant, you found that I have child pornography on my computer." Lee stated that he viewed the images “every couple of weeks,” and that he has been downloading child pornography for 10 years. After the interview, Lee was arrested.

According to court documents, subsequent forensic analysis of the computer media obtained from the residence revealed that both Lee and McMillan possessed hundreds of images and videos of child pornography on their respective computers. Specifically, Lee’s computer contained approximately 111 videos and 116 images depicting minors engaged in sexually explicit conduct. Lee also maintained a collection of incest stories that featured adults engaged in the sexual molestation of children.

McMillan pleaded guilty in a related federal case to possession of child pornography on March 15, 2011, and he faces up to 10 years in prison, a $250,000 fine, and a potential life term of supervised release. McMillan's sentencing has not yet been scheduled.

This case was investigated by the Child Predator Cybercrime Unit of the Florida Attorney General’s Office, the Federal Bureau of Investigation, the Clay County Sheriff’s Office, the U.S. Department of Homeland Security, Homeland Security Investigations, and the U.S. Department of Agriculture, Office of Inspector General. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about the Project Safe Childhood initiative, please visit projectsafechildhood.gov.

Ready, Set, Go! Wildland Fire Program Now Available to All Fire Departments

Reno, Nev., March 30, 2011 - Today, the Ready, Set, Go! program was launched nationally at Wildland Urban Interface (WUI) 2011. Ready, Set, Go! offers tools and resources for local responders to teach individuals who live in high-risk areas how to best prepare themselves and their properties against wildland fire threats.

Today’s launch also unveiled the program’s online portal, www.wildlandfireRSG.org, which offers local program participants educational resources, tools to manage the program, news and connections with other program participants and partners.

“Ready, Set, Go! is a dynamic program which was embraced by the firefighters and the citizens of Pigeon Forge,” said Chief Tony Watson of the Pigeon Forge (Tenn.) Fire Department, one of nine fire departments that have spent the last year piloting the program. “Through public-service announcements, informational packets and community outreach, we prepared the public for the threat of wildland fire. Through wildland training with state and federal resources, we prepared our firefighters to be the ambassadors of this program. Community stakeholders have partnered with fire department resources, and their involvement continues to shape the structure of our area.”

Ready, Set, Go! provides fire departments and other public-safety agencies with the tools, resources and guidance necessary to deliver the wildland fire safety message to individuals at the local level. The program is a three-step process that teaches homeowners to create their own action plan of preparedness, have situational awareness and leave early in the event of a fire—all with the goal of significantly increasing the safety of residents and firefighters.

The three-step process is easy to remember and implement:

Ready – Take personal responsibility and prepare long before the threat of a wildland fire so your home is ready in case of a fire. Create defensible space by clearing brush away from your home. Use fire-resistant landscaping and harden your home with fire-safe construction measures. Assemble emergency supplies and belongings in a safe spot. Plan escapes routes. Make sure all those residing within the home know the plan of action.

Set – Act immediately. Pack your vehicle with your emergency items. Stay aware of the latest news and information on the fire from local media and your local fire department.

Go – Leave early! Follow your personal action plan. Doing so will not only support your safety, but will allow firefighters to best maneuver resources to combat the fire.

“While this program can be implemented by any local response agency, we are encouraging fire departments to step up and lead this effort in their communities,” said Chief Jack Parow, president and chairman of the board of the International Association of Fire Chiefs (IAFC). “The fire service is uniquely positioned to understand the fire-risk environment and is typically a trusted voice that resonates with community members.”

Ready, Set, Go! was developed for national rollout by the IAFC with support from the U.S. Forest Service, U.S. Fire Administration, U.S. Department of the Interior, Firewise and the Insurance Institute for Business & Home Safety (IBHS). The program works in complimentary and collaborative fashion with Firewise and other existing wildland fire public education efforts. It amplifies their messages to individuals to better achieve the common goal we all share of fire-adapted communities.

About the International Association of Fire Chiefs

The IAFC represents the leadership of firefighters and emergency responders worldwide. IAFC members are the world's leading experts in firefighting, emergency medical services, terrorism response, hazardous materials spills, natural disasters, search and rescue, and public safety legislation. Since 1873, the IAFC has provided a forum for its members to exchange ideas, develop professionally and uncover the latest products and services available to first responders.

About Wildland Urban Interface (WUI) 2011

The WUI 2011 conference brings together the many stakeholders that are involved in combating the challenges of wildland fire. The most influential people in firefighting join with representatives from state and local governments and community planners to discuss the problems each group is facing and how collectively, new strategies can be implemented.