Ms-13 Members Convicted of Murders and Attempted Murders

After a three-week trial, a federal jury has convicted two MS-13 members for their roles in committing murders, attempted murders and armed robberies in Gwinnett and DeKalb counties in northern Georgia.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Sally Quillian Yates of the Northern District of Georgia, Special Agent in Charge Brock D. Nicholson of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Atlanta, and Special Agent in Charge Mark F. Giuliano of the FBI’s Atlanta Field Office made the announcement.

“These MS-13 gang members engaged in a ruthless – and senseless – string of attacks and murders, terrorizing the communities in which they operated,” said Acting Assistant Attorney General Raman.   “Thanks to the investigators and prosecutors who made today’s convictions possible, these violent gang members are off the streets of northern Georgia and face up to life in prison behind bars.”

“These two defendants set the standard for violence as members of MS-13, an international gang infamous for its disregard for human life,” said U.S. Attorney Yates.   “They spread fear throughout the community by killing innocent pedestrians, shooting suspected rival gang members and robbing innocent people at gunpoint.   By finding them guilty, this jury has held them accountable for their crimes.”

“As active members of one of the most violent gangs in the world, these men posed a significant threat to the public safety of our communities,” said HSI Special Agent in Charge Nicholson, who is responsible for agency investigations in Georgia and the Carolinas.  “HSI and our partners at the FBI and local law enforcement agencies have taken a strong stand against transnational gangs in Atlanta.  These are just the latest convictions that show how successful our efforts have been.”

“Today's conviction in federal court of two violent members of the international gang known as MS-13 adds to the list of successes for those law enforcement officers, investigators and prosecutors who are working hard to neutralize this dangerous criminal enterprise,” said FBI Special Agent in Charge Giuliano.   “While these successes are important for the FBI and its various law enforcement partners, it is more important to those particular communities impacted by MS-13's violent crimes.”

Remberto Argueta, aka Pitufo, 27, of Lilburn, Ga., and William Espinoza, aka Cheberria and Crazy, 31, of Norcross, Ga., were convicted today by a federal jury and will be sentenced at a later date before U.S. District Judge Richard W. Story.   Each defendant was convicted of RICO conspiracy involving murder.   Argueta was also convicted of violent crime in aid of racketeering and a firearms offense related to the murder of Arpolonio Rios-Jarquin.   Espinoza was also convicted of violent crime in aid of racketeering and a firearms offense related to the attempted murder of Jayro Arango-Sanchez.   Violent crime in aid of racketeering for murder carries a mandatory sentence of life in prison, while RICO conspiracy involving murder carries a sentence of up to life in prison.   Parole has been abolished in the federal system.

According to court records, MS-13 is an international gang that has operated in the Atlanta area since at least 2005.   The gang members staked out Gwinnett and DeKalb Counties as their home territory.  

Evidence presented at trial showed that Argueta, along with other gang members, planned to rob Arpolonio Rios-Jarquin, a suspected drug dealer, at a hotel in April 2007.   When Rios-Jarquin turned out to have his own gun, Argueta and his fellow MS-13 members engaged in a shootout with Rios-Jarquin that spilled outside the hotel room.   Surveillance video showed one of the MS-13 members stopping to pick up Rios-Jarquin’s weapon, which he later showed off as a trophy.

In October 2007, Argueta and several other MS-13 members were at an apartment complex in Gwinnett County when Argueta spotted suspected rival gang members.   According to evidence at trial, he approached them and asked them who they “claimed”—that is, what gang they belonged to.   When Christian Escobar responded that he and his friend, Jose Garcia-Barajas, were members of the rival gang 18th Street, Argueta said, “You’re going to die.”   Argueta pulled out a handgun and started chasing and shooting at Escobar and Garcia-Barajas.   He shot Escobar in the back and Garcia-Barajas in the hip and arm.   While shooting at them, Argueta also fired shots into the apartments of nearby residents.   An elderly woman testified that one of Argueta’s bullets hit an armchair that she had been sitting in just a few minutes earlier.

Evidence at trial showed that in early July 2008, Espinoza lent his .380 caliber handgun to fellow gang members so that they could retaliate against a member of La Raza, a rival gang.   An MS-13 member shot a 15-year-old boy who was taking a shortcut across through an apartment complex.   The boy was not a member of a gang and had traveled from Ohio with his family to visit other family members for the Fourth of July holiday.

A few weeks later in July 2008, Espinoza and other members of MS-13 were at El Pueblito, a nightclub in DeKalb County, when a fight broke out with suspected members of the rival gang 18th Street.   Surveillance video showed Espinoza going out to the parking lot and retrieving a .380 handgun from a car.   He approached the club entrance and shot Jayro Arango-Sanchez in the stomach.   Arango-Sanchez testified at trial that he was not a gang member and that he was at the club with his girlfriend and brother to celebrate his birthday.

According to evidence at trial, just two days later, Espinoza and four other MS-13 members drove to an apartment complex in Gwinnett County to look for pedestrians to rob.   After spotting a victim, Espinoza and another gang member got out of their SUV and approached Aurelio Vasquez.   Espinoza put his .380 handgun to Vasquez’s head while the other MS-13 member started to search Vasquez’s pockets for money.   Vasquez, who was returning home after buying groceries, resisted being robbed, so Espinoza shot him through the head.   Espinoza and his fellow gang members wanted to rob Vasquez to get money for beer.

This case is being investigated by ICE-HSI and FBI, with assistance from Gwinnett County Police Department, DeKalb County Police Department and Gwinnett County Sheriff’s Office.

Trial Attorney Joseph K. Wheatley of the Criminal Division’s Organized Crime and Gang Section and Assistant United States Attorney Paul R. Jones are prosecuting the case.

5 extradited, charged with North Korean Drug Trafficking Conspiracy

 DEA Administrator Michele M. Leonhart and Preet Bharara, the United States Attorney for the Southern District of New York, today announced the arrests of five defendants – SCOTT STAMMERS and PHILIP SHACKELS, citizens of the United Kingdom; YE TIONG TAN LIM, a citizen of the People’s Republic of China; KELLY ALLAN REYES PERALTA, a citizen of the Philippines; and

ALEXANDER LNU, a/k/a “Alexander Checov,” a/k/a “Alexander Semencov,” a resident of

Thailand (“ALEXANDER”). STAMMERS, SHACKELS, LIM, REYES PERALTA, and

ALEXANDER are each charged with conspiring to import 100 kilograms of North Koreanproduced

methamphetamine into the United States.

Each of the defendants was arrested in Thailand in September. The five defendants were

extradited from Thailand, arrived in the Southern District of New York yesterday evening, and

are expected to be presented in U.S. Magistrate Court later today.

DEA Administrator Michele M. Leonhart said: “Like many international criminal

networks, these drug traffickers have no respect for borders, and no regard for either the rule of

law or who they harm as a result of their criminal endeavors. This investigation continued to

highlight the emergence of North Korea as a significant source of methamphetamine in the

global drug trade. I wish to thank the Thai Government for their outstanding efforts and

partnership in completely dismantling this sophisticated and dangerous international criminal

enterprise.”

Manhattan U.S. Attorney Preet Bharara said: “Methamphetamine is a dangerous,

potentially deadly drug, whatever its origin. If it ends up in our neighborhoods, the threat it

poses to public health is grave whether it is produced in New York, elsewhere in the U.S., or in

North Korea. This investigation shows our determination to close a potential floodgate of

supply.”

According to the allegations in the Indictment against STAMMERS, SHACKELS, LIM,

REYES PERALTA, and ALEXANDER:

In 2012, LIM and REYES PERALTA – members of a Hong Kong-based criminal

organization – sold over 30 kilograms of methamphetamine that had been produced in North

Korea. STAMMERS and SHACKELS were responsible for storing the methamphetamine after

it had been sold by LIM and REYES PERALTA. This North Korean methamphetamine was

later seized by law enforcement agents in Thailand and in the Philippines. The North Korean

methamphetamine tested at more than 99% pure.

In 2013, LIM and REYES PERALTA again agreed to provide North Korean

methamphetamine, this time agreeing to supply 100 kilograms of the methamphetamine to

confidential sources working at the direction of the DEA (the “CSes”) for importation to the

United States. As LIM explained, his criminal organization is the only one currently able to

obtain methamphetamine from North Korea: “Because before, there were eight [other

organizations]. But now only us, we have the NK product. . . . [I]t’s only us who can get from

NK.” LIM further explained that, because of recent international tensions, the North Korean

government had destroyed some methamphetamine labs, leaving behind only the labs of LIM’s

organization: “And all the, the NK government already burned all the labs. Only our labs are

not closed. . . . To show Americans that they [the North Korean government] are not selling it

any more, they burned it. Then they transfer to another base.” LIM explained that his

organization had stockpiled one ton of North Korean methamphetamine in the Philippines for

storage, “[b]ecause we already anticipated this thing would happen . . . [whereby] we cannot

bring out our goods right now.”

As a prelude to the 2013 100-kilogram methamphetamine deal described above, LIM and

REYES PERALTA arranged to have a sample of the methamphetamine delivered to

SHACKLES, who sent that sample (along with a second sample from another supplier) to an

address from which the methamphetamine samples would be sent to the United States. These

two methamphetamine samples tested at more than 98% and more than 96% pure.

LIM and REYES PERALTA agreed to deliver the 100 kilograms of North Korean

methamphetamine in Thailand, from where they understood it would be shipped to the United

States by boat. LIM and REYES PERALTA arranged for a “dry run,” sending a shipping

container of tea leaves from the Philippines to Thailand in order to test delivery channels that

would later be used for the shipment of methamphetamine.

STAMMERS, SHACKELS, and ALEXANDER agreed to provide security,

transportation, and storage for the 100 kilograms of methamphetamine once it arrived in

Thailand. ALEXANDER, the Sergeant-at-Arms of the Outlaw Motorcycle Club (“OMC”) in

Thailand, was to be the “ground commander,” supervising an armed crew of OMC members

providing security for the methamphetamine. STAMMERS and SHACKELS were to arrange

for the 100 kilograms to be taken to a warehouse, counted, re-packaged, and delivered to a

marina in Thailand, to be transferred to a boat that would deliver the methamphetamine to the

United States.

In September 2013, LIM and REYES PERALTA traveled to Thailand in order to receive

payment for the 100 kilogram methamphetamine deal. STAMMERS, LIM, PERALTA REYES,

SHACKELS, and ALEXANDER were each arrested by Thai law enforcement on September 25,

2013.

STAMMERS, 44, LIM, 53, REYES PERALTA, 41, SHACKELS, 30, and

ALEXANDER, 43, have each been charged with conspiracy to import methamphetamine into

the United States. The case is assigned to United States District Judge Andrew L. Carter, Jr.

If convicted, each of the defendants faces a mandatory minimum sentence of ten years’

imprisonment and a maximum term of life imprisonment.

Mr. Bharara praised the outstanding work of the Special Operations Division of the DEA.

Mr. Bharara also thanked DEA’s Bangkok, Manila, Ghana, Pretoria, Bucharest, Nassau, and

Copenhagen Country Offices; the Thai Police Narcotics Suppression Bureau and Crime

Suppression Division; the Royal Thai Immigration Bureau; the Royal Thai Attorney General's

Office; the Republic of Liberia’s National Security Agency; the Republic of Liberia’s Attorney

General's Office; the Romanian National Police; Interpol; and the U.S. Department of Justice

Office of International Affairs.

This prosecution is being handled by the Office's Terrorism and International Narcotics

Unit. Assistant United States Attorneys Michael D. Lockard, Aimee Hector and Anna M.

Skotko are in charge of the prosecution.

The charges contained in the Indictment are merely accusations and the defendants are

presumed innocent unless and until proven guilty.

Former Jefferson Parish Sheriff’s Deputy Pleads Guilty to Civil Rights, Bank Fraud and Aggravated Identity Theft Violations

Former Officer Stole Victim’s Debit Card and Other Items After Responding to Car Accident

Former Jefferson Parish Sheriff’s Deputy Mark Hebert, 48, pled guilty today to one civil rights violation, five bank fraud violations and one aggravated identity theft violation, announced Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division, U.S. Attorney Kenneth A. Polite Jr. for the Eastern District of Louisiana, Special Agent in Charge Michael J. Anderson of the FBI New Orleans Field Office and Sheriff Newell Normand from the Jefferson Parish Sheriff’s Office.

 

According to the plea agreement and other documents, Hebert engaged in a scheme to defraud J.P. Morgan Chase Bank (Chase Bank) from Aug. 2, 2007 through Nov. 21, 2007.  The scheme began when Hebert, in his capacity as a Jefferson Parish Sheriff’s Deputy, responded to an automobile accident involving Albert Bloch and stole Bloch’s VISA debit card, as well as other items.  While Bloch was hospitalized following the accident, Hebert used that debit card to make unauthorized purchases of merchandise, including two Global Positioning System units, and to withdraw funds from Bloch’s Chase Bank account via Automatic Teller Machines (ATMs).  After Chase Bank cancelled the debit card due to Bloch filing a dispute with the bank, Hebert continued his scheme to defraud by negotiating and attempting to negotiate forged checks drawn from Bloch’s account.  Hebert then obtained the replacement debit card sent to Bloch and used that card to make further unauthorized transactions at Chase Bank ATMs.  Bloch has not been seen since 2007.

 

By pleading guilty, Hebert admitted that he violated Bloch’s civil rights when he responded in his official capacity to Bloch’s automobile accident and unreasonably seized and converted Bloch’s property, including funds that Bloch had on deposit with Chase Bank.  Hebert also admitted that on at least five occasions he executed his bank fraud scheme against Chase Bank by unlawfully using Bloch’s original ATM card, replacement ATM card and Chase Bank checks.  In addition, Hebert admitted that on at least one occasion he used Bloch’s driver’s license number and social security number in order to execute his bank fraud scheme and thereby committed aggravated identity theft.

“When the defendant officer responded to an automobile accident and stole the victim’s credit cards and used them to commit fraud, he violated not only the law, but the core law enforcement values of trust and respect for civil rights,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The Civil Rights Division will continue to work with our partners in the U.S. Attorney Offices and FBI to ensure that civil rights violations are identified and where appropriate prosecuted.”

 

“Mark Hebert’s guilty plea occurred as a result of the successful collaboration of local and state law enforcement agencies in our continued fight to eradicate corruption in our community,” said U.S. Attorney Kenneth A. Polite for the Eastern District of Louisiana.  “The U.S. Attorney’s Office and its law enforcement partners are delivering the same message in a unified voice:  we will not tolerate abuse of power and official position.  If you violate the public trust in Southeast Louisiana, you will be held accountable.”

 

“In as much as I am very disappointed in the behavior of former JPSO officer Mark Hebert as outlined in his guilty plea today, I am extremely proud of the persistence of my criminal investigators and the efforts of the U. S. Attorney's Office in this investigation,” stated Jefferson Parish Sheriff Newell Normand. “My office will not tolerate any form of corruption.”

           

A sentencing hearing has been scheduled before the Honorable Jane Triche-Milazzo on March 24, 2014.  For each of the five counts of bank fraud, Hebert faces a maximum statutory sentence of 30 years in prison and a $1,000,000 fine.  For the count of aggravated identity theft, Hebert faces a maximum statutory sentence of two years in prison and a $250,000 fine.  For the count charging a civil rights violation, Hebert faces a maximum statutory penalty of one year in prison and a $100,000 fine. 

 

The investigation of this matter was conducted by the Jefferson Parish Sheriff’s Office Detective’s Bureau and the FBI.  The case is being prosecuted by Assistant U.S. Attorney Steve Parker, Assistant U.S. Attorney Tony Sanders and Civil Rights Division Trial Attorney Shan Patel.

Department of Justice Announces New Policy to Address Domestic Violence, Sexual Assault and Stalking in the Workplace

Justice Department Is First Major Federal Agency to Submit Final Workplace Domestic Violence Policy in Response to Presidential Memorandum

Deputy Attorney General James M. Cole today announced the release of a new Department of Justice policy for employees addressing the effects of domestic violence, sexual assault, and stalking in the workplace.  The Department of Justice has long been at the forefront of addressing domestic violence in the workplace.

“With approximately 114,000 employees in 53 components, the Justice Department is a diverse workplace and it is our hope that this policy will serve as a model for other employers to address domestic violence, dating violence, sexual assault, and stalking,” said Deputy Attorney General Cole.  “This new policy, and the steps it requires components to take, will improve the safety of the department’s workplaces and will help us better support victims.”

On April 18, 2012, President Obama issued a memorandum entitled “Establishing Policies for Addressing Domestic Violence in the Federal Workforce,” which required the Office of Personnel Management to issue guidance on the development of agency-specific policies to address domestic violence in the workplace.  All federal agencies are required to develop an agency-specific policy based on the guidance.  The department welcomed the chance to build upon the existing policy first created by Attorney General Janet Reno in 1999, which established support and resources for department employees who experience domestic violence.  This order unequivocally stated that domestic violence perpetrated in the workplace was unacceptable and would not be tolerated.

Today, the department adopted a robust workplace policy that fully responds to the president’s call to federal agencies, and addresses not only domestic violence in the workplace, but also sexual assault and stalking.

“The impact of domestic and sexual violence is far reaching,” said Acting Director Bea Hanson  of the Office on Violence Against Women.  “And it is clear that we all have a part to play in creating a work environment that is safe for all of us.  As we introduce this new policy, we must educate ourselves on how we can support co-workers who may be experiencing domestic violence, sexual assault, or stalking.  And I am proud that the Office on Violence Against Women has led the charge in supporting organizations that work to address domestic violence, sexual assault and stalking in the workplace.”

The Office on Violence Against Women (OVW), a component of the U.S. Department of Justice, provides leadership in developing the nation’s capacity to reduce violence against women through the implementation of the Violence Against Women Act (VAWA) and subsequent legislation.  Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking.  In addition to overseeing 22 federal grant programs, OVW often undertakes initiatives in response to special needs identified by communities facing acute challenges.  More information is available at www.ovw.usdoj.gov.

If you, or someone you know, are a victim of domestic violence, please call the National Domestic Violence Hotline at 800-799-SAFE (7233), 800-787-3224 (TTY).  For more information on resources that may be available to you, visit: http://www.ovw.usdoj.gov/statedomestic.htm.

Text Tip Leads U.S. Marshals to 'Dangerous Dozen' Fugitive Hiding in Cleveland

Cleveland, OH – The U.S. Marshals Northern Ohio Violent Fugitive Task Force (NOVFTF) arrested fugitive Troy Adamini, age 23, at approximately 10:00 a.m. this morning at a residence on the 4600 block of W. 47th Street in Cleveland. Adamini was wanted for felonious assault from an incident that occurred on August 26, 2013 in Sheffield Lake where he allegedly stabbed a male in the back during a drug deal gone bad. The case was referred to the NOVFTF for apprehension by the Lorain County Sheriff’s Office and the NOVFTF had been pursuing Adamini throughout Lorain County without success.

Yesterday, the NOVFTF added Adamini to the most wanted “Dangerous Dozen” list and profiled his photo in the local media. The NOVFTF received an anonymous text tip late last night with information placing the fugitive at a residence in Cleveland, where he had been hiding out to avoid arrest.

The NOVFTF investigated the information and determined it to be credible. The NOVFTF Lorain County Division teamed up with the NOVFTF Cleveland Division and approached the residence this morning to make the arrest attempt. Adamini was located in the residence and arrested without incident. Also located and arrested was Adamini’s girlfriend, Brittany Holstein, age 20, wanted by the Lorain County Sheriff’s Office for obstruction of justice charges stemming from the same incident with Adamini. Drug paraphernalia was also found at the scene of the arrest. Both subjects were transported to the Lorain County Jail.

Chief Deputy U.S. Marshal Roberto Robinson stated, “This is another successful example of the public utilizing current technology to anonymously deliver us information critically needed to locate and apprehend another dangerous fugitive. We thank the media for delivering this information to the public and the concerned citizen that responded to it.”

Anyone with information concerning any wanted fugitive can contact the Northern Ohio Violent Fugitive Task Force at 1-866-4WANTED (1-866-492-6833). You may also anonymously text in a tip by texting the keyword "WANTED" and your tip to TIP411 (847411), or you can send a web tip at the following webpage http://www.usmarshals.gov/district/oh-n/index.html. Reward money is available and tipsters may remain anonymous.

The Northern Ohio Violent Fugitive Task Force – Lorain County Division is composed of the following federal, state and local agencies: U.S. Marshals Service, Avon Police Department, Avon Lake Police Department, Brunswick Police Department, Brunswick Hills Police Department, Bureau of Alcohol, Tobacco, & Firearms, Elyria Police Department, Erie County Sheriff’s Office, Lorain County Sheriff’s Office, Lorain Police Department, North Ridgeville Police Department, Oberlin Police Department, Ohio Adult Parole Authority, Sandusky Police Department, and the Sheffield Village Police Department.

The Northern Ohio Violent Fugitive Task Force – Cleveland Division is composed of the following federal, state and local agencies: U.S. Marshals Service, Cleveland Police Department, Cuyahoga County Sheriff’s Office, Cuyahoga Metropolitan Housing Authority Police Department, Euclid Police Department, Lakewood Police Department, Ohio Adult Parole Authority, Ohio State Highway Patrol, Social Security Administration - Office of Inspector General, Solon Police Department, and the Westlake Police Department.

Alleged Florida Armed Robber Captured by U.S. Marshals in Virginia

Alexandria, VA – U.S. Marshal Robert Mathieson announces the capture of Tyron Walker. Walker was wanted by Alachua County Sheriff’s Office (ACSO) as of Oct. 8 after being determined as a suspect for the armed robbery of a Checkers restaurant in Gainesville, FL. Law enforcement in FL tracked down the vehicle used to flee the scene of the robbery at which point the driver of the vehicle was able to elude capture.

On Oct. 9, ACSO requested the assistance of the U.S. Marshals Service’s Fugitive Task Force within the federal Northern District of Florida (N/FL) to determine the whereabouts of 27-year-old Walker. After a thorough investigation, Deputy U.S. Marshals in N/FL notified the USMS task force within the federal Eastern District of Virginia (E/VA) yesterday. Investigators had reason to believe that the suspect had fled to Virginia. E/VA deputies immediately began working to determine the fugitive’s possible location.

At approximately 10:35 a.m., US Marshals and task force officers spotted Walker on the roof of a business in a shopping plaza at the intersection of North Beauregard and Duke Street in Alexandria. Law enforcement personnel on scene ordered the suspect to come off of the roof and arrested the subject without incident. Walker was transported to Fairfax County Adult Detention Center and is awaiting extradition to FL.

The U.S. Marshals-led fugitive task force within E/VA is made possible by the collaboration of the U.S. Marshals Service, Bureau of Alcohol, Federal Bureau of Investigation, U.S. Secret Service, Alexandria Police Department, Virginia State Police, Fairfax County Police Department, Fairfax County Sheriff's Department, Immigration and Customs Enforcement, and the Diplomatic Security Service.

The task force within the Metropolitan D.C. area was founded in 2004 and, to date, has arrested tens of thousands of fugitives. The success of the task force directly correlates to it being a truly joint endeavor. Each agency brings its unique skills and expertise toward the common goal of pursuing and arresting the worst of the worst.

The U.S. Marshals Service arrested more than 36,000 federal fugitives, 86,700 state and local fugitives, and 11,800 sex offenders in fiscal year 2013. Our investigative network and capabilities allow for the unique ability to track and apprehend any fugitive who attempts to evade police capture, anywhere in the country. For more information on the U.S. Marshals, please visit our website. www.USMarshals.gov.