Thursday, May 31, 2012

Hogsett Announces Indictment of Eight on Charges of Operating an Illegal Gambling Ring


U.S. Attorney Says More Than $126,000, Silver Bars, and Multiple Cars Seized as Part of Investigation

NEW ALBANY—Joseph H. Hogsett, the United States Attorney, announced today the federal indictment of eight Louisville-area residents on charges that they operated an illegal interstate gambling business. Hogsett also announced that as a result of an 18-month federal investigation, agents have seized over $126,000 in suspected gambling proceeds, a number of pure silver bars, several different real properties, and numerous personal vehicles.

“Crime almost always begets more crime, and under-the-table bookmaking like what has been alleged often acts as a magnet for other illegal activities,” Hogsett said. “Just as important, illegal gambling operations deny Hoosiers in southern Indiana the tax revenues they deserve.”

The indictment alleges that beginning at least in January 2009, eight area men operated an illegal gambling business out of various locations in Jeffersonville. It is alleged that the business, which involved an interstate network of sports bookmaking, was at times handling thousands of dollars a day in wagers. These activities were also in violation of state law.

An investigation into the alleged criminal activity was launched by the Federal Bureau of Investigation’s Safe Streets Task Force, in collaboration with the Indiana Gaming Commission, and the Indiana State Police and the Jeffersonville Police Department.

As part of this investigation, on May 23, 2012, eight search warrants and seven seizure warrants were executed on various properties in the Louisville and Jeffersonville area, resulting in the seizure of evidence relating to the alleged criminal acts.

As a result, the following individuals were charged by indictment today:

■Terry Crofford, a/k/a “TC,” age 60, of Jeffersonville, Indiana
■Jamie Duley, a/k/a “JD” or “J-Town,” age 54, of Jeffersonville, Indiana
■James Baker, a/k/a “Shake,” age 62, of Clarksville, Indiana
■George Blair, a/k/a “Mound,” age 53, of Jeffersonville, Indiana
■Steven Harkins, a/k/a “Hark,” age 55, of Louisville, Kentucky
■Jeffrey Hash, age 61, of Louisville, Kentucky
■James Payne, a/k/a “Jamie,” age 44, of Pleasureville, Kentucky
■Harold Joyce, a/k/a “Trey,” age 44, of Louisville, Kentucky

In the course of serving these warrants, federal prosecutors located roughly $126,000 in currency believed to be connected to the criminal allegations. They also seized a number of pure silver bars, the value of which is still being determined. The search warrants also revealed equipment that is alleged to have been part of the criminal operation, including business and financial records, gambling records, and personal computers.

The indictment also lists personal and business property that has been seized by the federal government as part of this investigation, all of which could be forfeited if the defendants are convicted. This includes multiple bank accounts in the name of Terry Crofford and TC Auto, property located in Jeffersonville and Utica, as well as a number of vehicles, including a 1967 Chevrolet Camaro, a 1972 Chevrolet Chevelle, and a 2005 Ford Mustang GT convertible.

According to Assistant U.S. Attorney Bradley P. Shepard, who is prosecuting the case for the government, all eight individuals could face up to five years in prison and a fine of up to $250,000 if they are found guilty.

An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

Mexican National Man Arrested at Nogales Port With More Than $218,000 in Unreported Cash


Nogales, Ariz. — A 37 year-old male Mexican national from Caborca, Sonora, Mexico was apprehended yesterday for attempting to smuggle more than $218,000 of unreported U.S. currency into Mexico through the Dennis DeConcini Port.

Customs and Border Protection (CBP) officers from Tucson’s Office of Field Operations were conducting outbound inspections and selected a 2000 Jeep Grand Cherokee Laredo bearing Mexico plates for an examination.

Prior to the inspection, the driver reported $23 and 400 pesos. A male passenger, the vehicle’s owner, stated he had no currency.

During inspection of the vehicle, an x-ray of a box located in the rear cargo area revealed an anomaly inside. When officers opened the box they discovered two cellophane packages containing $218,130 in cash. A pat-down search of both occupants yielded an insignificant amount of currency.

The currency was seized for evidence and the driver was arrested and turned over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The passenger was released after questioning.

Individuals arrested may be charged by complaint, the method by which a person is charged with criminal activity, which raises no inference of guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

CBP's Office of Field Operations is the primary organization within Homeland Security tasked primarily with an anti-terrorism mission at our nation’s ports. CBP officers screen all people, vehicles and goods entering the United States while facilitating the flow of legitimate trade and travel. Their mission also includes carrying out border-related duties, including narcotics interdiction, enforcing immigration and trade laws, and protecting the nation's food supply and agriculture industry from pests and diseases.

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 official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Former Vice President of Home Solutions of America Charged With Securities Fraud in Revenue Inflation Scheme


Defendant was Also President of Fireline Restoration Inc., a Subsidiary of Home Solutions

DALLAS—Brian Marshall, 48, of Tampa, Florida, appeared this morning before U.S. Magistrate Judge Renée Harris Toliver and pleaded not guilty to securities-fraud charges as outlined in a recently unsealed indictment returned by a federal grand jury in Dallas earlier this month. Marshall had previously surrendered to federal authorities in Tampa and was released on bond. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

According to the indictment and other publicly-filed documents, Marshall was a vicepresident and member of the board of directors of Home Solutions of America, a NASDAQ-traded company that was based in Dallas before relocating to New Orleans, Louisiana, in July 2008. Home Solutions was in the business of construction and restoration, including new construction and restoration following natural disasters such as hurricanes. Home Solutions conducted some of its business through its largest subsidiary, Fireline Restoration Inc., which was based in Tampa. Marshall was the president of Fireline.

Marshall is the second executive at the now defunct Home Solutions to be indicted in the Northern District of Texas. In May 2011, Home Solutions’ former CEO and Chairman of the Board, Frank J. Fradella, 56, of Covington, Louisiana, was indicted by a federal grand jury and charged with two counts of securities fraud, one count of insider trading, two counts of false certification, and one count of making false and misleading statements to auditors and accountants.

With respect to Marshall, the indictment alleges that from approximately December 2006 to May 2008, he engaged in a scheme to defraud investors by fabricating false and fictitious revenue, operating income, and costs that purported to be from Fireline construction projects. As a result of the fraudulent scheme, Marshall caused Home Solutions to disclose false and fraudulent revenue, cost, and income figures in its first- and second-quarter SEC quarterly reports in 2007.

The indictment alleges that as part of the scheme, Marshall caused Fireline to enter into construction contracts with private companies in Tampa, e.g., Villas of Tampania LLC; Miller Mac LLC; Villas of Humphrey’s LLC; Villas of Himes LLC; and North A Town Homes LLC. In addition, Marshall caused Fireline to enter into a $4 million contract for the construction of his personal residence on Davis Island. To support Fireline’s false and fraudulent accounting records, he caused employees of Fireline to create and backdate false and fraudulent contracts and invoices on each of the projects.

Marshall also caused Fireline to issue press releases announcing these contracts, but Marshall failed to disclose that each contract was with an entity that he controlled. The press releases also exaggerated the amount of work and revenue that Fireline had during the period. Marshall also caused Fireline to create fraudulent invoices to support its accounting of these projects, but the invoices significantly overstated and fabricated true costs incurred and the physical progress of the projects. In fact, even though Fireline’s reported revenues and income on the projects were false, because little, if any, of the work had actually been performed, Marshall caused Home Solutions to report this bogus information to public investors in its 2007 first- and second-quarter SEC quarterly reports.

The indictment charges Marshall with two counts of securities fraud. If convicted, each count carries a maximum statutory sentence of 25 years in prison and a $250,000 fine. Restitution could also be ordered. In addition, the indictment includes a forfeiture allegation which would require the defendant, upon conviction, to forfeit any proceeds or property traceable to the offense.

An indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty.

This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch and, with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

The investigation is being conducted by the FBI. Assistant U.S. Attorney J. Nicholas Bunch is in charge of the prosecution.

Virginia Man Charged with Producing Child Pornography


The United States Attorney’s Office for the Middle District of Pennsylvania announced today that an indictment charging a 31-year-old Falls Church, Virginia resident with producing and attempting to produce child pornography has been unsealed. The indictment was filed under seal on April 10, 2012.

According to United States Attorney Peter J. Smith, the indictment alleges that Christopher Julich persuaded and enticed a minor in Lackawanna County to perform sexual acts on a webcam that were transmitted to Virginia.

The charge against Julich resulted from an investigation by the Federal Bureau of Investigation, Lackawanna County Detectives, and Fairfax County Police, Virginia.

Julich was arrested by federal agents in Virginia. He was arraigned on May 24 before U.S. Magistrate Judge Thomas M. Blewitt. Judge Blewitt ordered Julich to remain in prison pending trial. U.S. District Court Judge Robert Mariani scheduled trial for July 23, 2012.

If convicted of the charge, Julich faces a mandatory minimum sentence of 15 years in prison and a possible maximum sentence of 30 years in prison.

This case was brought as part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat 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 Project Safe Childhood, please visit www.projectsafechildhood.gov.

The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.

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An indictment and criminal information are not evidence of guilt but simply descriptions of the charge made by the United States Attorney against a defendant. A charged defendant is presumed innocent until a jury returns a unanimous finding that the United States has proved the defendant’s guilt beyond a reasonable doubt.

Waterbury Man Sentenced to Two Years in Federal Prison for Possessing Child Pornography


David B. Fein, United States Attorney for the District of Connecticut, announced that Jose Miguel Ortiz, 33, of Waterbury, was sentenced today by United States District Judge Vanessa L. Bryant in Hartford to 24 months of imprisonment, followed by 10 years of supervised release, for possessing child pornography.

According to court documents and statements made in court, on February 8, 2008, during an interview with Federal Bureau of Investigation agents at his Waterbury residence, Ortiz admitted that he used an Internet file sharing program to view and possess images of child pornography. On that date, agents removed from the residence the family computer, a separate hard drive, and 27 compact discs. Subsequent analysis of the computer and related items revealed between 150 and 300 images of children under the age of 12 engaged in sexually explicit conduct.

On August 11, 2011, Ortiz pleaded guilty to one count of possession of child pornography.

This case was investigated by the Federal Bureau of Investigation and the Connecticut Computer Crimes Task Force, which includes federal, state, and local law enforcement agencies. The case was prosecuted by Assistant United States Attorney Deborah R. Slater.

This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, and the District of Connecticut’s Operation Constant Vigilance, which are aimed at protecting children from sexual abuse and exploitation.

The Connecticut Computer Crimes Task Force, which is housed at the main FBI office in New Haven, investigates crimes occurring over the Internet, including online crimes against children, and provides computer forensic review services for participating agencies. For more information about the task force, or to report child exploitation crimes, please contact the FBI at 203-777-6311.

To report cases of child exploitation, please visit www.cybertipline.com.