Yuma Border Patrol Agents Arrest Seven Suspected Smugglers, Seize Marijuana

Yuma, Ariz. – U.S. Border Patrol agents from Yuma Sector, a component of Customs and Border Protection’s Joint Field Command – Arizona, apprehended seven individuals and seized nearly 245 pounds of marijuana this morning.

Wellton Station agents, patrolling near Sentinel, noticed a group of individuals traversing the desert terrain carrying backpacks. Agents approached the group and encountered seven individuals. All admitted to being illegally present in the United States and carrying backpacks of marijuana.

The marijuana, worth an estimated $122,155, and the subjects were turned over to the Maricopa County Sheriff’s Office.

CBP announced the JFC-AZ in February 2011 as an organizational realignment that brings together the U.S. Border Patrol, Air and Marine, and Field Operations in Arizona under a unified command structure. JFC-AZ integrates CBP’s border security, commercial enforcement and trade facilitation missions to more effectively meet the unique challenges faced in Arizona.

U.S. Customs and Border Protection is the unified border 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.

Mueller Marks Veterans Day With Speech on Service

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FBI Director Robert S. Mueller talked about duty, dedication, and leadership during remarks Wednesday at a Department of Justice Veterans Appreciation Ceremony in Washington, D.C.

“I want to begin by acknowledging not only my fellow veterans here today, but service men and women around the world—men and women who face grave danger with courage and strength,” Mueller said. “I want to acknowledge those who have come before us, and those who have fallen. I also want to acknowledge those who make a quiet and often overlooked sacrifice—the families who are left behind.

“Fifty years ago, in May 1961, President Kennedy sent Green Berets to South Vietnam to help train South Vietnamese soldiers. Many of you may remember those days as though it were last week. You may remember friends who went to Vietnam, but who did not return. You may remember the American public in turmoil, the protests, and the nightly news reports.

“The Marine Corps taught me the value of sacrifice, teamwork, and discipline—the same values inherent in every branch of the military.

“I also credit the military with shaping my life in terms of public service. My years in Vietnam—the experiences I shared with my fellow Marines—shaped my world view. I consider myself exceptionally lucky to have made it out of Vietnam. There were many who did not. And perhaps because I did survive, I have always felt compelled to contribute.

“None of us would choose to re-live that history. But to this day, I count my decision to join the military as one of the best decisions I have ever made. Indeed, it is a decision that has had a lasting and profound impact on my life.

"I am indeed honored to be a Marine. And I am honored to be counted among you as a veteran. Thank you for your service and God bless."

Indictment: Cherokee County Man Knocked Radio Station Off the Air

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WICHITA, KS—A Cherokee County man has been indicted on federal charges he knocked a radio station off the air by cutting copper wiring from a transmission tower, U.S. Attorney Barry Grissom said.

Jeffrey L. Blake, 39, Scammon, Kan., is charged with one count of attempted damage to a communications system and one count of attempted damage to an energy facility.

The indictment alleges that on Sept. 7, 2011, Blake damaged equipment used by radio station KKOW of Pittsburg, Kan., which serves as part of the Emergency Alert System, a national public warning system. The indictment also alleges that on Sept. 7 Blake damaged equipment belonging to Heartland Rural Electric Company of Girard, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the charge of attempting to damage an energy facility and a maximum penalty of 10 years and a fine up to $250,000 on the charge of attempting to damage a communications facility.

The FBI and the Cherokee County Sheriff’s Office investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Other Indictments

A grand jury meeting in Wichita, Kan., also returned the following indictments:

Timothy David Seifert, 67, Bethlehem, Pa., is charged with one count of bank robbery. The indictment alleges on Oct. 28, 2011, he robbed the Farmers & Merchants Bank at 240 W. 4th in Colby, Kan.

If convicted, he faces a maximum penalty of 25 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Jacob W. Schrock, 27, Lyons, Kan., is charged with one count of bank armed robbery, one count of attempted bank burglary, one count of brandishing a sawed off shotgun during a bank robbery and one count of unlawful possession of a sawed off shotgun.

Schrock initially was charged in a criminal complaint filed Sept. 14, 2011, in U.S. District Court in Wichita.

The indictment alleges on Sept. 13, 2011, Schrock robbed the Citizen’s Bank of Arlington, Kan., and on the same day he attempted to burglarize the Hutchinson Credit Union at 900 E. 23rd in Hutchinson.

If convicted, he faces a maximum penalty of 25 years and a fine up to $250,000 on the bank robbery charge, not less than 10 years and a fine up to $250,000 on the charge of brandishing a gun during a bank robbery, a maximum penalty of 10 years and a fine up to $10,000 on the charge of unlawful possession of a sawed-off shotgun, and a maximum penalty of 25 years and a fine up to $250,000 on attempted bank burglary charge. The FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Brandon W. Dennis, 25, Wichita, Kan., is charged with two counts of attempted sex trafficking of children.

Dennis initially was charged in a criminal complaint filed Sept. 27 in U.S. District Court in Wichita.

In one count, the victim is identified as Jane Doe, a 17-year-old Wichita girl. In the other case, the victim is identified as “Rissa,” a name used by a detective with the Wichita Police Department who was posing as a 15-year-old girl.

If convicted, Dennis faces a penalty of not less than 15 years and not more than life and a fine up to $250,000 on the first count and not less than 10 years and not more than life and a fine up to $250,000 on the second count. The Wichita/Sedgwick County Exploited and Missing Child Unit - Internet Crimes Against Children Task Force investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

Daniel L. Branstetter, 42, Wichita, Kan., is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm after a felony conviction, and one count of unlawful possession of a firearm with an obliterated serial number. The crimes are alleged to have occurred July 23, 2010, in Sedgwick County, Kan.

If convicted, he faces a penalty of not less than five years and not more than 40 years and a fine up to $5 million on the methamphetamine charge, a maximum penalty of 10 years and a fine up to $250,000 on the charge of unlawful possession of a firearm after a felony conviction, and a maximum penalty of 10 years and a fine up to $10,000 on the other firearms charge. The Wichita Police Department investigated. Assistant U.S. Attorney Blair Watson is prosecuting.

Kip Elmer Mason, 46, Hutchinson, Kan., is charged with failing to register as a sex offender as required by federal law. The crime is alleged to have occurred August to October 2011.

The indictment alleges he was convicted in 2006 in Wisconsin on a charge of sexual assault against a child.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

Rafael Aldofo-Gomez, 27, a citizen of El Salvador, is charged with unlawfully re-entering the United States after being deported. He was found Oct. 24, 2011, in Meade County, Kan.

If convicted, he faces a maximum penalty of two years without parole in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Misael Gonzalez-Ramirez, 33, a citizen of Mexico, is charged with unlawfully transporting 12 illegal aliens from Ecuador, El Salvador, Honduras and Mexico within the United States. He also is charged with one count of unlawfully re-entering the United States after being deported. He was found Oct. 24, 2011, in Meade County, Kan.

If convicted, he faces a maximum penalty five years in federal prison without parole and a fine up to $250,000 on the transportation charge and a maximum penalty of two years without parole and a fine up to $250,000 on the re-entry charge. Immigration and Customs Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Levardo Castillo-Gonzales, 32, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Oct. 21, 2011, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Blair Watson is prosecuting.

Jesus Olivas-Zea, 35, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of a felony and deported. He was found Oct. 21, 2011, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years without parole in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Blair Watson is prosecuting.

Juan Manuel Araujo-Gutierrez, 26, Hutchinson, Kan., is charged with one count of unlawful possession of a firearm by an illegal alien, one count of possession of false documents, three counts of aggravated identity theft, one count of making a false written statement to the government and one count of misusing a Social Security number. The crimes are alleged to have occurred in 2009 and 2011 in Hutchinson, Kan.

Upon conviction, the crimes carry the following penalties:

■ Unlawful possession of a firearm by an illegal alien: A maximum penalty of 10 years and a fine up to $250,000.

■ Possession of false documents: A maximum penalty of 10 years and a fine up to $250,000.
■ Aggravated identity theft: A mandatory two years consecutive to other sentences and a fine up to $250,000 on each count.
■ Making a false written statement to the government: A maximum penalty of five years and a fine up to $250,000.
■ Misusing a Social Security number: A maximum penalty of five years and a fine up to $250,000.

Immigration and Customs Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Blair Watson is prosecuting.

Manuel Saenz-Licon, 42, Salina, Kan., is charged with unlawfully re-entering the United States after being deported. He was found Oct. 28, 2011, in Saline County, Kan.

If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Blair Watson is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty despite their arrests by law enforcement officers. The indictments merely contain allegations of criminal conduct.

Jury Finds Former City Councilman and County Commissioner Guilty of Taking Bribes

TAMPA, FL—United States Attorney Robert E. O’Neill announces that a federal jury today found Kevin L. White (46, Riverview) guilty of conspiracy, bribery, wire fraud and lying to the FBI. White faces a maximum penalty of five years in federal prison for the conspiracy charge (Count 1), 10 years in federal prison on each of the bribery charges (Counts 4 and 5), 20 years on the conspiracy to commit mail and wire fraud charge (Count 6), 20 years in federal prison for each honest services wire fraud charge (Counts 8 and 9) and five years for lying to the FBI (Count 10).

A sentencing hearing has been scheduled for February 27, 2012 at 1:30 p.m. before United States District Judge James D. Whittemore. White and co-defendant George Hondrellis (46, Tampa) were indicted on June 14, 2011. On September 16, 2011, Hondrellis was remanded for a competency evaluation. He will be tried separately at a later date.

According to court documents and evidence presented at trial, while serving as a Hillsborough County Commissioner and chairman of the Hillsborough Public Transportation Commission, White accepted bribe money in exchange for using his influence in assisting towing companies in becoming selected for the county’s approved rotational towing list. “We have an expectation for our public officials to act on behalf of all the people, and not just those who can pay,” said U.S. Attorney Robert O’Neill. “Public corruption has an effect on our entire system of government,” he said.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by United States Attorney Robert E. O’Neill.

Pennsylvania Man Sentenced to 46 Months in Prison for Traveling to New Jersey for Illicit Sexual Conduct with a Child

NEWARK, NJ—Curtis Miglionico II was sentenced today to 46 months in prison for traveling from his home in Pennsylvania to New Jersey to engage in sexual conduct with a 13-year-old with whom he had been chatting on the Internet, U.S. Attorney Paul J. Fishman announced.

Miglionico 28, of Quakertown, Pa., previously pleaded guilty to an indictment charging him with one count of traveling with the purpose of engaging in illicit sexual conduct with a child. Miglionico, who has been in custody since his arrest in January 2010, entered his guilty plea before U.S. District Judge William H. Walls, who also imposed the sentence today in Newark federal court.

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

Miglionico admitted that over the course of several months starting in June 2008, he engaged in multiple sexually explicit conversations online with an individual he believed to be a 13-year-old child. After encouraging the “child” to meet him, he traveled from Pennsylvania to New Jersey on Jan. 27, 2010, for the purpose of engaging in sexual activity.

In addition to the prison term, Judge Walls sentenced the defendant to eight years of supervised release. Miglionico is also required to register as a sex offender.

U.S. Attorney Fishman credited special agents of the Newark FBI Cyber Crime Task Force, under the direction of Special Agent in Charge Michael B. Ward in Newark; and the Passaic County Sheriff’s Office, under the direction of Sheriff Richard K. Berdnick, with the investigation.

The government is represented by Assistant U.S. Attorneys Vikas Khanna and Amy Luria of the U.S. Attorney’s Office in Newark.

Defense counsel: Donald J. McCauley Esq., Assistant Federal Public Defender, Newark

Bernetta Rose Walking Eagle Sentenced in U.S. District Court

The United States Attorney’s Office announced that during a federal court session in Great Falls, on November 8, 2011, before U.S. District Judge Sam E. Haddon, BERNETTA ROSE WALKING EAGLE, a 31-year-old resident of Poplar, appeared for sentencing. WALKING EAGLE was sentenced to a term of:

■ Prison: 24 months

■ Special Assessment: $100
■ Supervised Release: three years

WALKING EAGLE was sentenced in connection with her guilty plea to involuntary manslaughter.

In an offer of proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:

On June 26, 2010, WALKING EAGLE was at “CCB’s” house in Poplar, which is within the exterior boundaries of the Fort Peck Indian Reservation. WALKING EAGLE and “CCB” had been in an on-and-off-again relationship for some time. In June 2010, WALKING EAGLE and “CCB” had been fighting frequently and “CCB” was trying to get WALKING EAGLE to move out of his house. “CCB” had a history of physically abusing WALKING EAGLE.

On July 26, 2010, WALKING EAGLE and “CCB” were the only two people home. Neighbors had heard the two of them arguing throughout the day. Around 4:46 p.m., WALKING EAGLE went to her neighbor’s house. WALKING EAGLE told her neighbor to call 911 because “Charlie, he fell, he’s full of blood. He’s full of blood he fell.” The neighbor called for an ambulance.

In fact, WALKING EAGLE and “CCB” had been fighting throughout the day. “CCB” had pushed WALKING EAGLE around, and at one point, punched her in the face with his fist which resulted in a black eye to WALKING EAGLE. WALKING EAGLE attempted to defend herself against “CCB.” However, WALKING EAGLE got a kitchen knife and stabbed “CCB” one time in the chest.

Meanwhile, “CCB’s” daughter heard over a police scanner that an ambulance had been dispatched to his house. “CCB’s” daughter and her husband went to the house and found “CCB” face down on the floor. They shook “CCB” and he replied, “damn, my chest hurts, but I’ll be okay.” There were clothes and food thrown around the room and it appeared a fight had taken place in the house.

“CCB” was asked who had done this to him and he made facial movements toward WALKING EAGLE. Police and ambulance personnel then arrived at the house. WALKING EAGLE was crying, smelled of alcohol and had blood on her arm. Officers found a knife on the floor with blood on it. An officer asked how WALKING EAGLE got blood on her arm and she replied it was from holding “CCB’s” hand. Officers observed that WALKING EAGLE’s left eye was swollen and was starting to turn black and blue.

WALKING EAGLE was transported to the jail and she declined to speak with law enforcement. “CCB” was transported to the emergency room where he died around 5:32 p.m. An autopsy was performed and it was determined “CCB” had sustained a single penetrating stab wound to his left upper chest and he died by cardiac suffering. There were no defensive or offensive wounds found on “CCB.”

The knife and bloody towels collected from “CCB’s” house were sent to the FBI crime lab. “CCB” was found to be the major contributor of DNA found on the knife. There were no latent fingerprints of value detected on the knife. WALKING EAGLE’s clothes from the time of the incident were also sent to the crime lab. Blood was found on her clothing and “CCB” was found to be the major contributor of DNA obtained from the clothes.

Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that WALKING EAGLE will likely serve all of the time imposed by the court. In the federal system, WALKING EAGLE does have the opportunity to earn a sentence reduction for “good behavior.” However, this reduction will not exceed 15 percent of the overall sentence.

The investigation was conducted by the Federal Bureau of Investigation.

New York Top Stories: Internet Fraud

Operation Ghost Click: International Cyber Ring That Infected Millions of Computers Dismantled

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Six Estonian nationals have been arrested and charged with running a sophisticated Internet fraud ring that infected millions of computers worldwide with a virus and enabled the thieves to manipulate the multi-billion-dollar Internet advertising industry. Users of infected machines were unaware that their computers had been compromised—or that the malicious software rendered their machines vulnerable to a host of other viruses.

Details of the two-year FBI investigation called Operation Ghost Click were announced today in New York when a federal indictment was unsealed. Officials also described their efforts to make sure infected users’ Internet access would not be disrupted as a result of the operation.

The indictment, said Janice Fedarcyk, assistant director in charge of our New York office, “describes an intricate international conspiracy conceived and carried out by sophisticated criminals.” She added, “The harm inflicted by the defendants was not merely a matter of reaping illegitimate income.”

Beginning in 2007, the cyber ring used a class of malware called DNSChanger to infect approximately 4 million computers in more than 100 countries. There were about 500,000 infections in the U.S., including computers belonging to individuals, businesses, and government agencies such as NASA. The thieves were able to manipulate Internet advertising to generate at least $14 million in illicit fees. In some cases, the malware had the additional effect of preventing users’ anti-virus software and operating systems from updating, thereby exposing infected machines to even more malicious software.

“They were organized and operating as a traditional business but profiting illegally as the result of the malware,” said one of our cyber agents who worked the case. “There was a level of complexity here that we haven’t seen before.”

DNS—Domain Name System—is a critical Internet service that converts user-friendly domain names, such as www.fbi.gov, into numerical addresses that allow computers to talk to each other. Without DNS and the DNS servers operated by Internet service providers, computer users would not be able to browse websites or send e-mail.

DNSChanger was used to redirect unsuspecting users to rogue servers controlled by the cyber thieves, allowing them to manipulate users’ web activity. When users of infected computers clicked on the link for the official website of iTunes, for example, they were instead taken to a website for a business unaffiliated with Apple Inc. that purported to sell Apple software. Not only did the cyber thieves make money from these schemes, they deprived legitimate website operators and advertisers of substantial revenue.

The six cyber criminals were taken into custody yesterday in Estonia by local authorities, and the U.S. will seek to extradite them. In conjunction with the arrests, U.S. authorities seized computers and rogue DNS servers at various locations. As part of a federal court order, the rogue DNS servers have been replaced with legitimate servers in the hopes that users who were infected will not have their Internet access disrupted.

It is important to note that the replacement servers will not remove the DNSChanger malware—or other viruses it may have facilitated—from infected computers. Users who believe their computers may be infected should contact a computer professional. They can also find additional information in the links on this page, including how to register as a victim of the DNSChanger malware.

FBI Statement:

Janice Fedarcyk, New York
Assistant Director in Charge

“Today, with the flip of a switch, the FBI and our partners dismantled the Rove criminal enterprise. Thanks to the collective effort across the U.S. and in Estonia, six leaders of the criminal enterprise have been arrested and numerous servers operated by the criminal organization have been disabled. Additionally, thanks to a coordinated effort of trusted industry partners, a mitigation plan commenced today, beginning with the replacement of rogue DNS servers with clean DNS servers to keep millions online, while providing ISPs the opportunity to coordinate user remediation efforts.”

Success Through Partnerships

A complex international investigation such as Operation Ghost Click could only have been successful through the strong working relationships between law enforcement, private industry, and our international partners.

Announcing today’s arrests, Preet Bharara, (above left) U.S. Attorney for the Southern District of New York, praised the investigative work of the FBI, NASA’s Office of Inspector General (OIG), the Estonian Police and Border Guard Board, and he specially thanked the National High Tech Crime Unit of the Dutch National Police Agency. In addition, the FBI and NASA-OIG received assistance from multiple domestic and international private sector partners, including Georgia Tech University, Internet Systems Consortium, Mandiant, National Cyber-Forensics and Training Alliance, Neustar, Spamhaus, Team Cymru, Trend Micro, University of Alabama at Birmingham, and members of an ad hoc group of subject matter experts known as the DNS Changer Working Group (DCWG).

Justice Department Files Complaint Against City of Pittsfield, Mass., for Violating the Employment Rights of a U.S. Navy Reservist

WASHINGTON – The Justice Department announced today the filing of a complaint against the city of Pittsfield, Mass., for violating the rights of a U.S. Navy Reservist under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

The lawsuit alleges that the city violated Pittsfield firefighter Jeffrey Rawson’s rights by passing him over for promotion to lieutenant in the Pittsfield Fire Department because of his military service obligations.   In November 2009, Rawson took a promotional exam for a lieutenant position.  Based on the results of the examination, Rawson was ranked second on the promotional list.   In July 2010, the city informed Rawson that he was being skipped for promotion and that a firefighter ranked lower on the promotional list was instead being promoted to lieutenant. The lower ranked firefighter was promoted to lieutenant in September 2010.

Rawson initially filed a complaint with the Labor Department’s Veterans’ Employment and Training Service, which investigated the matter, determined that the complaint had merit, and referred the matter to the Justice Department.   The lawsuit also alleges that, subsequent to Rawson’s complaint, the city again violated USERRA when it retaliated against him by refusing to reinstate him to the list of firefighters eligible to serve as an acting lieutenant.

USERRA prohibits civilian employers from discriminating against military reservists such as Rawson with respect to civilian employment opportunities, including promotions, based on their past, current, or future uniformed service obligations.   The federal law also prohibits employers from retaliating against uniformed services members for exercising their rights under USERRA, including filing a complaint.

Among other things, the suit seeks to provide Rawson with a retroactive promotion to lieutenant ahead of the lower ranked firefighter who was promoted in September 2010, the lost wages and benefits that Rawson would have enjoyed if he had not been passed over for promotion, and liquidated damages.

 “No servicemember should be prevented from advancing in his or her civil career because of military duties,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “The Civil Rights Division is committed to protecting the rights of those who, through their bravery and sacrifice, secure the rights of all Americans.”

U.S. Attorney for the District of Massachusetts Carmen M. Ortiz said, “Our service men and women make the ultimate sacrifice by serving our country.   We simply cannot let employers disadvantage them based on their military service or military status.”

This case is being handled by the Employment Litigation Section of the Justice Department’s Civil Rights Division and the Civil Division of the U.S. Attorney’s Office for the District of Massachusetts.   Additional information about USERRA can be found on the Justice Department’s websites, www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.

FBI and San Diego Sheriff’s Department Seek Public’s Assistance to Identify Pacific Western Bank Robber

The FBI and San Diego Sheriff’s Department are seeking the public’s assistance to identify the unknown male responsible for robbing the Pacific Western Bank, 6110 El Tordo, Rancho Santa Fe, California, on Friday, November 4, 2011.

On Friday, November 4, 2011, at approximately 3:30 p.m. the Pacific Western Bank, located at, 6119 El Tordo, Rancho Santa Fe, California was robbed by an unknown male. The robber entered the bank, approached a teller, and demanded money. The robber displayed what appeared to be a black semi-automatic pistol. The robber ran out of the bank after receiving a sum of money. The robber was carrying a white plastic pesticide sprayer. No injuries were reported.

Witnesses describe the robber as follows:

Sex: Male

Race: White
Age: Approximately 30 years old
Height: Approximately 5’11” tall
Build: Thin
Hair/Coloring: Wavy brown hair and unshaven
Clothing: Blue jeans, yellow rain jacket, white tennis shoes, black baseball cap, and dust mask covering nose and mouth
Miscellaneous: The robber was carrying a white plastic pesticide sprayer
Weapon: Possible black semi-automatic pistol

Anyone with information concerning this robbery is asked to contact the FBI at telephone number (858) 565-1255 (san.diego@ic.fbi.gov) or Crime Stoppers at (888) 580-TIPS (8477). You may remain anonymous by calling the FBI or Crime Stoppers. This robber should be considered armed and dangerous.

Rochester Man Sentenced on Drug Charges

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ROCHESTER, NY—U.S. Attorney William J. Hochul, Jr. announced today that Frank Cavallucci, 39, of Rochester, N.Y., who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 84 months in prison and a $1,000 fine by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that between August 2003 and December 2005, the defendant was involved with others in a drug trafficking organization that was responsible for trafficking between 50 and 150 kilograms of cocaine in the Rochester area. Cavallucci and other members of the organization traveled to Chicago, purchased multiple-kilogram quantities of cocaine from their Chicago-based suppliers, transported the cocaine back to Rochester, and then distributed it to mid and lower-level drug dealers. Among other methods, members of the organization utilized a 1993 Cadillac equipped with a secret compartment to transport multiple-kilogram quantities of cocaine and avoid detection by law enforcement authorities. In furtherance of the drug conspiracy, the defendant possessed a loaded .45 caliber handgun.

Algernon Toole, one of the Rochester-based members of the organization, and his brother, Everette Toole, a Chicago-based cocaine supplier, were convicted on drug conspiracy charges after a jury trial in February 2010, and were sentenced to 240 months and 204 months in prison, respectively. Lawrence Williams, another Chicago-based cocaine supplier, was also convicted of a drug conspiracy charge and sentenced to 262 months in prison, to be served concurrently with a 240-month sentenced imposed for a separate federal drug conspiracy conviction in the District of Wisconsin.

“This investigation and prosecution resulted in some significant sentences for the defendants involved,” said U.S. Attorney Hochul. “The case should serve as a warning that our Office will work vigorously with our federal partners to eliminate dangerous, even deadly, narcotics from the streets of our communities.”

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota, and the Rochester Police Department, under the direction of Chief James Sheppard.

Hutchinson Man Sentenced to 19+ Years for Robberies

WICHITA, KS—A Hutchinson, Kan., man has been sentenced to more than 19 years in federal prison for three armed robberies, U.S. Attorney Barry Grissom said today.

Michael L. Currie, 33, Hutchinson, Kan., was sentenced to 234 months. He pleaded guilty to three counts of robbery and one count of brandishing a firearm during a robbery.

In his plea, Currie admitted to the following:

■ On Dec. 14, 2010, he robbed the Pic Quick convenience store at 1000 W. 30th in Hutchinson. He was armed with a .22 caliber rifle, which he used to threaten the store clerk. He fled the store with the money.

■ On Dec. 18, 2010, he robbed the Knipes Liquor Store at 600 S. Main in Hutchinson. He was armed with a pellet rifle, which he used to threaten the store clerk before fleeing with the money.
■ On Dec. 27, 2010, he attempted to rob the Kwik Shop convenience store at 1701 N. Monroe in Hutchinson. He was armed with a pellet pistol, which he used to threaten the store clerk. He demanded money but left without any cash after struggling with the store clerk.

Grissom commended the Hutchinson Police Department, the Federal Bureau of Investigation, and Assistant U.S. Attorney Lanny Welch for their work on the case.

CBP Nabs Cocaine Suspect at San Juan Seaport

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San Juan, Puerto Rico – U.S. Customs and Border Protection officers, Friday afternoon, identified Octavio Germosen-Morla, 35, a citizen of the Dominican Republic, as having an outstanding warrant for charges of cocaine possession, with the intent to sell.

Germosen-Morla was encountered by San Juan Seaport CBP officers while attempting to board the Caribbean Fantasy Ferry bound for Santo Domingo, Dominican Republic.

System checks revealed Germosen-Morla had an outstanding warrant from Grand Junction, Colo., on charges of controlled substance violations. CBP officers confirmed the warrant with the Colorado Department of Corrections.

Custody of the subject was transferred to the Puerto Rico Police Department for extradition proceedings.

“Customs and Border Protection is an agency committed to securing our borders while at the same time cooperating with other law enforcement agencies in the enforcement of U.S. laws. CBP officers are always vigilant to detect individuals that have broken our laws and attempt to defeat our justice system,” stated Marcelino Borges, director of Field Operations for Puerto Rico and the U.S. Virgin Islands.

U.S. Customs and Border Protection is the unified border 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.

Adoption Scam Lands City Pair in Prison for 27 Months

OKLAHOMA CITY—Today, Serena Carol Mathews, 42, and Scott Thomas Smith, 34, both of Oklahoma City, were each sentenced to serve 27 months in prison by United States District Judge Robin J. Cauthron for conspiracy to defraud in connection with an adoption scam, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma. Judge Cauthron also ordered that Mathews and Smith each serve three years of supervised release upon their release from prison and be jointly responsible to pay $36,930.49 in restitution to their victims.

Mathews and Smith were indicted on June 22, 2010, where it was alleged that from November of 2010 to June of 2011 they conspired to defraud prospective adoption providers (i.e. law firms specializing in adoption and adoption agencies) and adoptive parents in order to obtain money. As part of their conspiracy, the defendants agreed Mathews would falsely pose as a pregnant woman who wished to place her child for adoption and receive money for expenses of the “birth mother” such as rent, utilities, food, and other personal items. Mathews received and filled out a number of adoption application forms using false information regarding her personal identification, the conception of a child, the identity of the “birth father,” and false medical documentation such as a positive pregnancy test, blood work, and ultrasound pictures of an unborn child. Smith created false documents for Mathews to use in this scheme, including Oklahoma driver’s licenses created in the false names used by Mathews and false rental leases. The defendants used the adoption providers to arrange meetings between Mathews and prospective adoptive couples who hoped to adopt a baby. The adoption providers entered into an agreement with Mathews to place her purported unborn child with an adoptive family and to cover certain expenses on her behalf such as rent, utilities and living expenses. The rent checks were to be made payable to her “landlord,” Scott Smith, who was not her landlord but rather her boyfriend.

On August 1, 2011, both Matthews and Smith pled guilty to the conspiracy. Following the sentencing hearing today, both defendants were remanded into custody to begin serving their 27-month prison sentence.

This case was the result of an investigation conducted by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorneys Susan Dickerson Cox and Kerry Kelly.

Waterloo Man Sentenced to 10 Years in Prison for Distribution and Possession of Child Pornography

A Waterloo, IL, man pled guilty in federal court in East St. Louis to possession and distribution of child pornography and was sentenced to 10 years in federal prison on November 7, 2011, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.

Alva Hansell, 56, was indicted on April 21, 2010, on charges of distribution and possession of child pornography by a grand jury sitting in East St. Louis. Hansell, at his plea on November 7, 2011, admitted that he had distributed child pornography over the Internet from his home in Waterloo, and that he had possessed approximately 1,300 images and 38 video files that included files of children under the age of 12, some of which contained sadistic and masochistic conduct.

In addition to the 10-year term of imprisonment, Hansell was also sentenced to five years of supervised release after his period of incarceration and to pay $3,000 in restitution as well as a court-imposed special assessments of $200.

The case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Ranley R. Killian.

Our Continuing Efforts to Prevent Youth Violence

The following post appears courtesy of  Attorney General Eric Holder.

Throughout my career, I have seen the devastating effects of youth violence far too often.  As a prosecutor and a judge; as a U.S. Attorney, as Deputy Attorney General – and, above all, as the father of three teenage children – I’ve been determined to make the progress that our nation’s young people deserve. 

In September of 2009, this country was shocked by a video depicting the brutal beating and murder of a 16-year-old Chicago honor student.  That savage attack was seared into our collective memory, and it left an indelible mark on the community where it took place.  But, tragically, it is just one horrifying example of the violence that many young people face every day, in cities and towns across this country.

In response to this crisis, last year, President Obama directed the Departments of Justice and Education to partner with other federal agencies – and with representatives from six cities – to launch the National Forum on Youth Violence Prevention, a network of committed stakeholders dedicated to stopping the brutality and bloodshed that devastates too many of the youngest members of our society.  The six cities participating in the Forum — Boston, Chicago, Detroit, Memphis, Salinas, Calif. and San Jose, Calif. — have made great strides toward developing and implementing comprehensive crime prevention strategies tailored to eradicating the violence that has ravaged their communities and stolen so many promising futures.

Last week, teams from these cities — comprised of law enforcement officers, policy and public-health experts, educators, researchers, city officials, social services providers, community and faith leaders, and concerned parents — gathered in Washington, D.C., to share their progress in using cost-effective and evidence-based strategies to prevent youth violence and help formerly incarcerated youth become productive citizens.

Also last week, at a hearing before the House of Representatives’ Committee on the Judiciary’s Subcommittee on Crime, Terrorism, and Homeland Security,  Congressmen Bobby Scott, John Conyers, and Steve Cohen congratulated Laurie O. Robinson, Assistant Attorney General for the Office of Justice Programs, and this Administration for our efforts on the Forum and urged us to keep up the important work.

It’s clear that these efforts are already beginning to take hold.  For example, the City of Memphis launched a Crime Prevention Unit this year that includes 90 officers focused on reaching youth before they come in contact with the criminal justice system.   Meanwhile, officials in Chicago have established a Youth Shooting Review panel — a pilot project that reviews fatal and non-fatal shootings, drawing on both public health and criminal justice perspectives, to gain a more substantive understanding of their causes and context.  The panel will identify patterns, gaps in key services, and effective strategies to prevent shootings among school-age youth. 

Forum participants have also taken steps to better understand, and more thoroughly address, the joblessness, illiteracy, violence, and other challenges that formerly incarcerated young people often face when they return to their communities.  To improve the outcomes for these youth and help them become contributing community members, San Jose, Calif. has become part of a county-wide Reentry Network.  The Network provides assessment and programming to youth who are both in custody and in the community, along with resources to help them transition to a more stable, self-sufficient and successful lifestyle.

In each of these six cities, the National Forum on Youth Violence Prevention has brought local experts together with federal officials and other key stakeholders, in order to share best practices; to develop strategies for reducing brutality among, and directed toward, young people; and to address and overcome common challenges.

I’m proud to say that the work we are leading is sending an unmistakable message that, in this country, we will not give up on our children.  And it’s ensuring that the priorities we set now will allow America’s next generation of leaders to break destructive cycles and seize tomorrow’s opportunities.

Phony Document Rings Broken Up

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Alleged California Ringleader Arrested

It just got a little harder to get a phony driver’s license or Social Security card in the U.S.

On November 3, more than 300 law enforcement officers from a variety of federal and local agencies executed dozens of search warrants and arrests involving fraudulent document rings operating in California, Illinois, and Texas that reached into a number of other states and Mexico.

One of the main targets of the investigation was Alejandro Morales Serrano, who is believed to be a key player in this criminal conspiracy. Serrano and a number of his associates allegedly manufactured and sold the raw materials used to create the phony documents—like sheets of plastic laminates, monochrome card printer ribbons, hard plastic cards, and magnetic card reader/writer machines. Serrano was also one of those arrested during the law enforcement sweep.

The indictment alleges that the false documents were created on a large scale in California, Nevada, Oregon, Texas, Illinois, and Michigan. In addition to U.S. driver’s licenses and Social Security cards, these documents also included U.S. Permanent Residency cards (a.k.a., “green cards”), Mexican consular ID cards, and Mexican driver’s licenses.

According to the indictment, the illegal document-making operation supported the manufacturing of fake driver’s licenses for approximately 40 U.S. states and a number of Mexican states.

Searches conducted during the takedown resulted in significant seizures from various residences, other locations, and vehicles and included plastic laminates used to produce the documents, computers, and stacks of phony documents that would have undoubtedly ended up on the black market had it not been for law enforcement’s intervention.

The indictment doesn’t specify when Serrano began his alleged “manufacturing” career, but it does state that he was heard on a law enforcement wiretap telling someone he’d been engaged in the business for more than a decade.

What were the phony identification documents used for? The investigation revealed that they were used by used by illegal aliens to get jobs as well as to apply for citizenship and residency-related benefits. We also believe that the operation supported other crimes—and criminals—like credit and bank fraud, tax fraud, identity theft, and pharmaceutical diversion.

Of course, one of law enforcement’s concerns about fraudulent document activity is that a fake identity document could potentially end up in the hands of someone with a more nefarious plan in mind—like a spy or a terrorist trying to enter the U.S. to steal information or harm Americans.

Explained Steven Gomez, Special Agent in Charge of the Counterterrorism Branch in our Los Angeles office, “False documents are utilized by a wide variety of criminals to facilitate their illegal activity as well as to conceal their identities from law enforcement. This multi-agency operation disrupted criminal activity, but also identified a national security vulnerability.”

In a related case worked by the FBI and the Los Angeles Sheriff’s Department, several individuals were identified in a conspiracy to manufacture and distribute false identification documents with the materials supplied by Serrano.

Both investigations and subsequent takedowns were the result of the collaborative efforts of many agencies, including the FBI, the Los Angeles Police Department, the Los Angeles County Sheriff’s Department, the Drug Enforcement Administration, the U.S. Immigration and Customers Enforcement, as well as agencies in Illinois, Texas, and elsewhere in California.

Point Blank Pays U.S. $1 Million for the Sale of Defective Zylon Bulletproof Vests

WASHINGTON - Debtor companies Point Blank Solutions Inc. (formerly DHB Industries Inc.), Point Blank Body Armor Inc. and Protective Apparel Corporation of America Inc. (collectively, “Point Blank”) have paid the United States $1 million to resolve allegations that they violated the False Claims Act by knowingly manufacturing and selling defective Zylon bulletproof vests, the Justice Department announced today.   The payment was made to the United States at the closing of the sale of the bankrupt companies’ assets.

The United States alleged that the Pompano Beach, Fla.,and Jacksboro, Tenn., companies manufactured and sold Zylon bulletproof vests despite possessing information showing that the Zylon materials degraded quickly over time and were not suitable for ballistic use.   The Point Blank vests were purchased by the federal government, and by various state, local, and tribal law enforcement agencies that were partially reimbursed by the United States under the Justice Department’s Bulletproof Vest Partnership Grant Program.

 “Companies that manufacture and sell defective bulletproof vests to the government not only cheat the taxpayers, they put the lives of our men and women in law enforcement at risk,” said Tony West, Assistant Attorney General for the Justice Department’s Civil Division. “We will hold accountable those who were aware of the problems with Zylon vests, yet continued to sell them anyway.”

This settlement is part of a larger investigation of the body armor industry’s use of Zylon in body armor.   The United States has settled with nine other participants in the Zylon body armor industry for more than $61 million.   Additionally, the United States has pending lawsuits against Toyobo Co., the manufacturer of the Zylon fiber, and Honeywell Inc., Second Chance Body Armor Inc. and First Choice Armor Inc., which were involved in the production or sale of Zylon body armor.   As part of today’s agreement, Point Blank has pledged cooperation with the United States’ ongoing efforts.

Assistant Attorney General West acknowledged the contributions of the many government agencies assisting the ongoing investigation of those who participated in manufacture and sale of Zylon vests, including the Justice Department’s Civil Division; the U.S. Attorney’s Office for the District of Columbia; the General Services Administration, Office of the Inspector General; the Department of Homeland Security, Office of Inspector General; the Department of the Treasury’s Inspector General for Tax Administration; the Defense Criminal Investigative Service; the U.S. Army Criminal Investigative Division; the Air Force Office of Special Investigations; the Department of Energy, Office of the Inspector General; the U.S. Agency for International Development, Office of the Inspector General; and the Defense Contracting Audit Agency.

CBP Finds Incendiary Device in Outbound Mail

Chicago – On Nov. 3, U.S. Customs and Border Protection officers in Chicago made an interesting discovery in outbound mail of a live Vietnam-era military incendiary device that was being shipped to Japan.

CBP officers found the device while examining outbound mail packages. The item was manifested as a “military training dummie” valued at $55 and was being shipped from Missouri to Japan. Prior to initiating seizure, CBP officers spoke with the shipper who indicated that the item was acquired from an estate sale and sold on-line. Based on the officer’s experience, the Chicago Police bomb unit was contacted and subsequently determined that the item was a live incendiary device—a phosphorous-based flare M49A1.

Working with U.S. postal inspectors and the Chicago Police bomb unit, the device was rendered safe and destroyed. The case is under investigation; however, it is not believed that there was harmful intent by the involved parties. 

 “In this instance, a military incendiary device was intercepted by CBP officers thus avoiding a potential catastrophic event,” said David J. Murphy, CBP director of field operations in Chicago. “This seizure further demonstrates CBP’s capabilities, expertise and dedication towards protecting this country from harmful items exiting or entering the country.”

The M49A1 trip flare is an early warning signaling device used to warn of infiltrating troops by illuminating the area surrounding the trip flare. This type of trip flare will provide a light intensity exceeding 35,000 candelas for approximately one minute where it can reach a temperature of almost 5,000 degrees Fahrenheit.

CBP officers and agriculture specialists are stationed at international mail facilities located throughout the country. CBP conducts enforcement operations on international mail and is on the lookout for any type of contraband or prohibited items being shipped into or out of the U.S.

U.S. Customs and Border Protection is the unified border 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.

Johnson County Man Sentenced for Smuggling Counterfeit Cisco Computer Equipment

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KANSAS CITY, KS—A Johnson County man has been sentenced to 27 months in federal prison for selling $1 million worth of counterfeit Cisco computer equipment, U.S. Attorney Barry Grissom said today.

Timothy Weatherly, 29, Overland Park, Kan., pleaded guilty to one count of conspiracy to traffic in counterfeit goods and make false statements in order to smuggle goods into the United States.

In his plea, Weatherly admitted he operated a business called Deals Direct, Inc. from his home in Overland Park and a warehouse in Merriam, Kan. Beginning in 2005 and continuing through Nov. 14, 2006, the company imported computer equipment from China. The conspirators put counterfeit Cisco labels on the equipment and placed the counterfeit goods in Cisco boxes with counterfeit Cisco manuals. The counterfeit equipment was sold on Deal Direct’s website and on eBay as genuine Cisco equipment.

The conspirators obtained access to Cisco’s confidential serial number verification website in order to obtain legitimate serial numbers. Working with a manufacturer in Hong Kong, the conspirators used multiple shippers and other methods to attempt to keep shipments from being seized by customs officials. When investigators served a search warrant Nov. 8, 2006, in Merriam, Kan., they found hundreds of counterfeit Cisco labels, stickers, boxes, and documentation as well as thousands of counterfeit Cisco goods.

Co-defendant Christopher Meyers was sentenced earlier this year to 33 months in federal prison.

Grissom commended Immigration and Customs Enforcement, the Federal Bureau of Investigation and Assistant U.S. Attorney Scott Rask for their work on the case. This case was prosecuted in cooperation with the Justice Department’s Task Force on Intellectual Property (IP Task Force). For more information, see www.justice.gov/dag/iptaskforce.

CBP Seizes $304,000 in Smuggled Currency at El Paso Port

El Paso, Texas – U.S. Customs and Border Protection officers and U.S. Border Patrol Homeland Security agents working at the El Paso port of entry seized $304,389 Tuesday afternoon. The money was discovered hidden in a vehicle that was leaving the United States at the Bridge of the Americas international crossing.

CBP officers and Border Patrol agents were conducting a southbound inspection operation at the BOTA crossing when a 2002 Dodge Ram pickup being driven by a 22-year-old female legal permanent resident attempted to leave the United States. CBP officers selected the vehicle for an intensive examination. CBP currency detector canine “Bora” searched the vehicle and alerted to the bed area. CBP officers and Border Patrol agents continued their search and located a hidden compartment between the rear wall of the cab of the pickup and a plastic bed liner. They removed eight tape-wrapped bundles from the compartment. The packages were opened revealing $304,389 in U.S. currency. CBP officers seized the currency. The investigation continues. 

 “There is no limit to how much currency travelers can import or export however under U.S. law they must report amounts exceeding $10,000 to CBP at the time of the arrival or departure,” said Hector Mancha, U.S. Customs and Border Protection El Paso port director. “Travelers who do not follow federal currency reporting requirements run the risk of losing their currency and may potentially face criminal charges.”

While anti-terrorism is the primary mission of U.S. Customs and Border Protection, the inspection process at the ports of entry associated with this mission results in impressive numbers of enforcement actions in all categories.

U.S. Customs and Border Protection is the unified border 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.