Monday, July 27, 2020

10 Defendants Plead Guilty For Their Roles In Major Jamestown Area Methamphetamine Ring As Federal Trial Was Set To Begin

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that 10 defendants pleaded guilty during June and July 2020, to conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine before U.S. Magistrate Judge Michael J. Roemer. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorneys Misha A. Coulson and Brendan T. Cullinane, who are handling the case, stated that between March 2017 and October 2018, the 10 defendants conspired with six other co-defendants to operate a drug trafficking organization, primarily involving the distribution of methamphetamine, in the Jamestown area. Pleading guilty to the conspiracy charges were:

• Andrew C. Bennett, 31, of Randolph, NY, pleaded guilty on June 4, 2020;
• Jacob A. Motherwell, 31, of Jamestown, NY, pleaded guilty on June 22, 2020; 
• Destiny J. Hare, 31, of Randolph, NY, pleaded guilty on June 25, 2020;
• Michael A. Davis, 36, of Jamestown, NY, pleaded guilty on June 25, 2020, also pleaded guilty to   possession of a firearm in furtherance of drug trafficking;
• Ryan R. Lopez, 26, of Palmdale, California, pleaded guilty on July 1, 2020;
• Martin Marcus Bowman, 29, of San Bernardino, California, pleaded guilty on July 2, 2020;
• Jamell Trapp, a/k/a KS, 29, of Jamestown, NY, pleaded guilty on July 1, 2020, also pleaded guilty to   possession of a firearm and ammunition by a felon;
• Henry Stovall, Jr., 42, of Jamestown, NY, pleaded guilty on July 7, 2020;
• Danny W. Michael, III, 47, of Jamestown, NY, pleaded guilty on July 22, 2020; and
• Alexis V. Hall, 25, of Harrison, NJ, pleaded guilty on July 24, 2020. 

During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.

The trial for the 10 defendants was scheduled to begin in federal court this morning.

The six co-defendants who were previously convicted include: Zackiel Fields, Jr.; Ernest Cauley, Jr.; Ramael O. Fields; Stephanie L. Harrison; Searcy E. Fields; and Stacie N. Yancer.

“Through the tremendous partnership between federal and local law enforcement, 16 individuals who committed federal crimes have been brought to justice, and a well-armed drug trafficking organization responsible for polluting Jamestown and the Southern Tier with highly addictive and debilitating methamphetamine has been dismantled,” stated U.S. Attorney Kennedy.  “My Office and our DOJ law enforcement partners are always looking for ways to help to support local law enforcement as they work tirelessly on the front lines in the fight to preserve law and order and strengthen the communities they serve by making them safer and more secure. In this case, I say, ‘mission accomplished.’”

The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the New York State Police, under the direction of Major James Hall;  the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff Timothy Whitcomb; the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr., and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.  

Sentencings will be scheduled at a later date.

Gates Man Going To Prison For A Decade For Receiving Child Pornography

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Gary Zeitvogel, 46, of Gates, NY, who was convicted of receiving child pornography, was sentenced to serve 10 years in prison, followed by 20 years of supervised release, by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in June 2019, Facebook alerted the National Center for Missing and Exploited Children (NCMEC) that the defendant appeared to be engaged in sexually explicit conversations with a 15 year-old female. Utilizing information provided by Facebook, NCMEC determined that Zeitvogel and the minor victim were both located in Rochester.

NCMEC forwarded the tip to the New York State Police, who located the victim and discovered that the defendant was serving a term of probation with the Monroe County Probation Department as a result of a prior conviction for endangering the welfare of a child. On July 1, 2019, State Police investigators and Monroe County Probation Officers searched the defendant’s residence in Gates and recovered a cell phone which contained the Facebook application, in violation of his probation conditions. Zeitvogel was taken in to custody for violating his probation.

A search warrant was executed on both the phone and Facebook account. Investigators observed over 1,500 images of child pornography on the phone, some of which depicted prepubescent minors, including the minor victim. Investigators also discovered sexually explicit conversations, which took place between March and June 2019, involving Zeitvogel and the minor victim. Investigators also determined that the two had been in contact at the defendant’s home. 

The sentencing is the result of an investigation by the National Center for Missing and Exploited Children; the New York State Police, under the direction of Major Eric Laughton; Monroe County Child Protective Services, under the direction of director Kathy Cardilli; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Colombian National Agrees to Plead Guilty to $109 Million Medicare Fraud Scheme

BOSTON – A Colombian national residing in Lighthouse Beach, Fla., has agreed to plead guilty in connection with submitting more than $109 million in false and fraudulent claims for durable medical equipment (DME) such as arm, back, knee and shoulder braces.  

Juan Camilo Perez Buitrago, 31, was charged by information with one count of health care fraud and one count of payment of kickbacks in connection with a federal health care program. A plea hearing has not yet been scheduled.

According to charging documents, Perez manufactured and submitted false and fraudulent Medicare claims by instructing his employees to establish shell companies in more than a dozen different states, including Massachusetts. Perez directed employees to list his mother, wife, and yacht captain as corporate directors and to use fictitious names when registering the shell companies as DME providers. Perez allegedly purchased Medicare patient data from foreign and domestic call centers that targeted elderly patients, and instructed call centers to contact the Medicare beneficiaries with an offer of ankle, arm, back, knee, and/or shoulder braces “at little to no cost.”  He then submitted Medicare claims for those patients without obtaining a prescriber’s order to ensure that the braces were medically necessary. It is further alleged that he submitted blatantly fraudulent claims, including claims for deceased patients and repeat claims for the same patient and the same DME. Perez failed to provide any DME for more than $7.5 million in claims. When Perez did provide DME to patients, he typically billed insurance policies more than 12 times the average price of the DME that he provided to the patient.

In total, the charging document alleges that Perez submitted $109 million in Medicare claims and collected more than $12 million.

Each charge provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Johnnie Sharp Jr., Special Agent in Charge of the Federal Bureau of Investigation, Birmingham Field Division: Phillip Coyne, Special Agent in Charge of the Department of Health and Human Services, Office of the Inspector General, Boston Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service made the announcement today. Assistant U.S. Attorney Elysa Q. Wan of Lelling’s Health Care Fraud Unit is prosecuting the case.

Former Department of Defense Employee Pleads Guilty to Strangulation and Knife Assault while Living Overseas

An Oklahoma City, Oklahoma man pleaded guilty today in the Western District of Oklahoma for assaulting two neighbors inside their apartment building in Okinawa, Japan, while working for the U.S. Armed Forces overseas as a civilian engineer. 

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Timothy J. Downing of the Western District of Oklahoma, and U.S. Air Force Office of Special Investigations Commander Brigadier General Terry L. Bullard made the announcement.  

Brendan Rowin Figuly, 31, pleaded guilty to two counts of assault resulting in serious bodily injury before U.S. District Court Judge Bernard M. Jones.  Sentencing has not yet been scheduled.    

As alleged in the government’s previous charging documents, Figuly was living in Okinawa, Japan, in connection with his employment for the U.S. Armed Forces.  Figuly was a civilian engineer working at Kadena Air Force Base in Okinawa.  On April 11, 2020, Figuly was living in a multi-unit apartment building off-base.  That afternoon, he entered the apartment of a female neighbor, E.M., armed with a box cutter knife, and demanded to know where their landlord was, claiming that he wanted to kill the landlord.  Figuly then attacked E.M., strangling her until she fell unconscious, cutting her fingers with a knife, and striking her in the face with a baking dish.  E.M. fled to her apartment balcony, and Figuly pursued her, breaking the balcony door in the process.  E.M.’s husband J.M. then entered the apartment, at which point Figuly threatened to kill J.M.  Figuly then assaulted J.M. with a box cutter knife, before J.M. and another neighbor subdued Figuly.      

The investigation was conducted by the U.S. Air Force Office of Special Investigations.    The prosecution is being handled by Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Jason Harley of the Western District of Oklahoma. 

Kit Carson County Man Sentenced To Federal Prison For Illegally Entering The United States

Noel Quintana-Carbajal has been deported 8 times with 6 felony illegal reentry convictions

DENVER – United States Attorney Jason R. Dunn announced that Noel Quintana-Carbajal, age 47, who is a Mexican national illegally in the United States, was sentenced to serve 12 months and 1 day in federal prison for illegal reentry of a previously deported alien following a felony conviction.  Quintana-Carbajal will be deported at the conclusion of his prison sentence.  He was found in Kit Carson County Jail by immigration officers.  U.S. Immigration and Customs  Enforcement (ICE) and Removal Operations (ERO) joined in the announcement.

According to the stipulated facts contained in Quintana-Carbajal’s plea agreement, he is a native and citizen of Mexico without a claim to lawful immigration to the United States.  He has been removed from the United States eight times, with his most recent removal taking place on May 12, 2015.  The defendant did not seek or obtain permission to return lawfully to the United States.  Nonetheless, he returned.  Immigration officials encountered Quintana-Carbajal on January 27, 2020, while he was in custody at the Kit Carson County Jail in Burlington, Colorado.  He was detained there on state charges.

Quintana-Carbajal was previously convicted in U.S. District Court in New Mexico for the offense of Illegal Reentry.  He was sentenced to a term of 120 days in a U.S. Bureau of Prisons facility. 

“There is a lawful process to enter the United States, said U.S. Attorney Jason Dunn.  ”Quintana-Carbajal failed to follow that process not once, not even twice, but a total of eight times.  His prison sentence and subsequent deportation should send a message that there are consequences for this illegal behavior.”

“As this case demonstrates, we will not allow criminal aliens who pose a threat to public safety to treat our border like a revolving door,” said John Fabbricatore, field office director, ERO Denver.  “ICE is committed to using its immigration enforcement authority to ensure that our communities are protected from felons like Quintana-Carbajal who show no regard for our laws or our borders.  ICE is pleased to be working closely with the U.S. Attorney to hold criminals like Quintana-Carbajal accountable.” 

The sentence was pronounced by U.S. District Court Judge William J. Martinez on July 22, 2020.  Quintana-Carbajal was charged by indictment on February 20, 2020, and pleaded guilty on May 13, 2020.  This case was investigated by U.S. Immigration and Customs (ICE) Enforcement and Removal Operations (ERO).  The defendant was prosecuted by Special Assistant U.S. Attorney Dorothy DiPascali.

Frederick County Felon Facing Federal Charges for Large-Scale Cocaine and Heroin Distribution Operation

Law Enforcement Officers Seized Three Guns, $270,000 in Cash, and More Than 21 Kilograms of Cocaine and 1.5 Kilograms of Heroin

Baltimore, Maryland – A federal criminal information has been filed charging Lamonte Montae Young, Sr., a/k/a “Fats,” age 41, of Frederick, Maryland, on the federal charges of possession with intent to distribute controlled substances, possession of a firearm and ammunition by prohibited person, and possession of a firearm in furtherance of a drug trafficking crime.  The criminal information was filed on June 12, 2020.  Young had his initial appearance and arraignment in U.S. District Court late on July 24, 2020, and was ordered to be detained pending a detention hearing on Friday, July 31, 2020, at 10:00 a.m.

The federal charges were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; Frederick Police Acting Chief Patrick Grossman; Frederick County Sheriff Charles A. “Chuck” Jenkins; and Frederick County State’s Attorney J. Charles Smith.

According to the criminal information and other court documents, members of the Frederick Police Department and agents with Homeland Security Investigation (HSI) began investigating Young in December 2019 in connection with the large-scale distribution of cocaine in Frederick, Maryland.  On February 25, 2020, law enforcement officers were conducting surveillance of Young and followed him into Virginia, where they observed Young engage in what they believed to be a drug transaction.  As Young was driving back into Maryland from Virginia, law enforcement officers conducted a traffic stop on Young’s vehicle for windows that were illegally tinted.  Officers called a canine unit to the scene.  The canine alerted to the exterior of the vehicle for the odor of drugs.  Law enforcement recovered two large boxes from the trunk of the vehicle and the boxes were found to contain more than 21 kilograms of cocaine and 1.5 kilograms of heroin.

Members of the Frederick High Intensity Drug Trafficking Area (HIDTA) Task Force then executed search warrants at four addresses in Frederick and Hagerstown, Maryland associated with Young.  During a search of these locations, detectives seized an additional 344 grams of heroin, 3 handguns (1 reported stolen), and $270,000 in United States currency.

If convicted, Young faces a mandatory minimum sentence of 10 years and a maximum sentence of life in federal prison for possession with intent to distribute cocaine and heroin; a mandatory minimum sentence of 15 years and a maximum sentence of life in federal prison for possession of a firearm and ammunition by a prohibited person; and a mandatory consecutive minimum sentence of 5 years and a maximum sentence of life in federal prison for possession of a firearm in furtherance of a drug trafficking crime.  Actual sentences for federal crimes are typically less than the maximum penalties.  A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. 

A criminal information is not a finding of guilt.  An individual charged by criminal information is presumed innocent unless and until proven guilty at some later criminal proceedings. 

United States Attorney Robert K. Hur commended HSI, the Frederick Police Department, Frederick County Sheriff’s Office, Maryland State Police, and the Frederick County State’s Attorney’s Office for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Jeffrey J. Izant, who is prosecuting the case.

Harrison County man admits to having more than 500 grams of methamphetamine

CLARKSBURG, WEST VIRGINIA – Joseph Herbert Hobbs, of Reynoldsville, West Virginia, has admitted today to a methamphetamine charge, U.S. Attorney Bill Powell announced.

Hobbs, also known as “Joe,” age 38, pled guilty to one count of “Possession with Intent to Distribute 500 grams or more of Methamphetamine.” Hobbs admitted to having more than 500 grams of methamphetamine in Harrison County in February 2020.

Hobbs at least 10 years and up to life incarceration and a fine of up to $10,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.

U.S. District Judge Thomas S. Kleeh presided.

Buffalo Police Department Receives DOJ Grant To Implement A Shooting Review Process Targeting Unsolved Shootings And Improving Clearance Rates

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr., Buffalo Police Commissioner Byron Lockwood, and Erie County District Attorney John J. Flynn announced today that the Department of Justice has awarded the Buffalo Police Department a 2020 Project Safe Neighborhood grant totaling $229,837. The funding will be used to implement a Shoot Review Process in the police department.

The Shoot Review Process is designed to address unsolved gun assaults and increase clearance rates in the City of Buffalo through the development of a case review process. By reviewing shootings in the city on a regular basis, the goal is to remove active shooters from the streets, strengthen the administration of justice, increase public safety in urban neighborhoods, and increase community confidence in the police.

The Shoot Review Process team is headed by Buffalo Deputy Police Commissioner Joseph Gramaglia, and includes the Buffalo Police Department’s Gun Violence Unit, crime analysts from the Erie Crime Analysis Center, and representatives from the District Attorney’s Office, probation, and parole, as well as the U.S. Attorney’s Office, the ATF, and the FBI.

The review process will be modeled after best practices nationally. In March 2020, Police Commissioner Lockwood, U.S. Attorney Kennedy, Erie County District Attorney John Flynn, ATF managers, and members of the various command staffs, traveled to Milwaukee, Wisconsin, to meet with members of the Milwaukee Police Department, the United States Attorney’s Office for the Eastern District of Wisconsin, and others who have successfully implemented a shooting review process. After implementing the process in 2018, the City of Milwaukee saw a 17% reduction in homicides and a 15% reduction in non-fatal shootings. 

A successful shooting review process includes:

• A review of several months’ worth of previous shootings to identify trends in types of shootings, victims and suspects;
• Detailed reports on all cases, including shooting(s) date, location, victim information, and victim and suspect intelligence;
• Regular and consistent meetings to conduct shooting reviews; and 
• Development of innovative strategies to reduce violence, improve case closure and improve case prosecution.

“Simply put, violent crime is rising at a staggering rate and homicides are soaring across the country and right here in our own city, and many of these crimes involve a gun,” stated U.S. Attorney Kennedy. “Also, much of the violence is playing out in distressed and economically disadvantaged neighborhoods, leaving residents to live in fear of bloodshed and fear for their own lives. This shoot review process will target the most dangerous and violent offenders in our community who are committing gun assaults and murders. This review process will remove active shooters from the streets, strengthen the administration of justice, and increase public safety in urban neighborhoods.  This program will bring increased accountability not only for the results achieved by the law enforcement agencies who have been under attack as of late but also for the criminals who are terrorizing our communities. Increased accountability across the board is a good thing—both for the law enforcement and for criminals.”

“I want to thank our many partners in this important initiative to reduce gun violence in our community,” stated Buffalo Police Commissioner Byron Lockwood. “Working together we can help solve some of these senseless crimes. I look forward to working with all of the agencies and I thank the U.S. Attorney's Office for the important funding they are providing for this critical collaborative effort.”

“We have seen a spike in shootings this summer, and we are working hard every day to bring justice to the victims. When I learned about this program that has proven successful in Milwaukee, I wanted to bring it to Buffalo immediately,” said Erie County District Attorney John J. Flynn. “I want to thank U.S. Attorney J.P. Kennedy for securing federal funding for this collaborative effort to end gun violence in our city. I also want to thank Captain Jeff Rinaldo and the Buffalo Police Department for inviting the District Attorney’s Office to be a part of this new initiative. I look forward to working together to uncover the perpetrators of these unsolved shootings. I hope that our efforts will also deter people from committing these senseless acts of violence in the future.”

“ATF’s highest priority is and will remain reducing violent crime and firearm-related violence,” stated ATF Special Agent-in-Charge John B. Devito. “We will be relentless in the pursuit of the criminal groups who are intent on violating federal law and those who represent the greatest threat to the safety of our communities. Through this Project Safe Neighborhood grant, strong law enforcement partnerships, and community involvement we will see a safer Buffalo.” 

“Every time a gun slides into a conversation in front of a corner store, or in a community park, its impact is devastating,” said FBI Buffalo Special Agent-in-Charge Stephen Belongia. “Gun violence victims are not simply statistics. They are fathers, mothers, grandparents and neighbors. And, all too often, the victims of gun violence are innocent children. We are committed to making a difference by preventing the trauma caused by violent crime through leadership and partnership.” 

“Shoot Review is about accountability,” said Mayor Byron W. Brown. “We share our community’s sense of urgency to curb the senseless gun violence that harms the quality of life in Buffalo, and this collaborative initiative will help us further reduce and prevent gun violence in our city. This intelligence led, data driven violence reduction strategy is the latest example of our City's commitment to interagency collaboration between local and federal law enforcement agencies. I thank United States Attorney for the Western District of New York James P. Kennedy, Jr. for securing the $229,000 federal grant to support this program that will further increase the solvability of shooting cases and reduce gun violence throughout neighborhoods citywide.”

Luis Luna, Edwin Martinez, and Samuel Fuller Sentenced for Conspiracy to Distribute Fentanyl and Cocaine Base

The Office of the United States Attorney for the District of Vermont stated that on July 24, 2020, Chief United States District Judge Geoffrey W. Crawford sentenced Luis Luna, 28, of Hartford, Connecticut; Edwin Martinez, aka “Pino”, 26, of Hartford, Connecticut; and Samuel Fuller, 34, of Barton, Vermont following their guilty pleas to conspiracy to distribute illegal narcotics, including fentanyl and cocaine base. Chief Judge Crawford sentenced Luna to 72 months in prison, Martinez to 72 months in prison, and Fuller to 24 months in prison. James Bassett, 41, of North Troy, Vermont, a fourth co-conspirator will be sentenced on July 31, 2020.

All four defendants pleaded guilty to a conspiracy to distribute more than 40 grams of fentanyl. In addition, Fuller and Luna pleaded guilty to a conspiracy to distribute more than 28 grams of cocaine base. Luna and Martinez pleaded guilty to a conspiracy stretching from December 2018 to June 2019, while Fuller and Bassett pleaded guilty to a conspiracy ending in May 2019.

United States Attorney Christina E. Nolan commended the Federal Bureau of Investigation and the Vermont Drug Task Force for their collaboration on this investigation.  She stated: “Our law enforcement partners, federal and state, are united in their efforts to stop the flow of deadly opiates and other illegal narcotics from out of state. As this case demonstrates, we are working hard to root out long time drug traffickers in Vermont and from source cities like Hartford, Connecticut. This case demonstrates that our law enforcement partners work seamlessly across state lines and that there will be serious consequences for dealers who victimize and profit by feeding the addictions of Vermonters.”

According to publicly available information, Edwin Martinez was Luis Luna’s fentanyl source in Hartford, Connecticut during the charged time period, and Luis Luna, in turn, supplied Samuel Fuller with the fentanyl that originated with Mr. Martinez. After making regular trips to Hartford, Connecticut and purchasing fentanyl from Luis Luna, Samuel Fuller would return to Vermont and split the fentanyl with James Bassett, who had provided the money for the purchase from Luis Luna. In addition, Mr. Luna was Mr. Fuller’s cocaine base source and would sell cocaine base to Mr. Fuller, who would then sell it in Vermont. In addition to the charged time period, Mr. Luna and Mr. Martinez have a history of supplying opiates to Vermonters since approximately 2012, including Mr. Fuller, who has been making trips to Hartford, Connecticut to buy opiates since approximately 2016. The Court noted Mr. Fuller’s addiction driven behavior during the conspiracy and his recovery since his arrest when explaining Mr. Fuller’s sentence.

The Federal Bureau of Investigation and Vermont State Police’s Drug Task Force conducted the investigation in this matter. The United States was represented in this matter by Assistant U.S. Attorneys Paul Van de Graaf and Nikolas Kerest. Mr. Luna was represented by Natasha Sen, Esq. Mr. Martinez was represented by Kevin Henry, Esq. Mr. Fuller was represented by Brooks McArthur, Esq.

Woman Sentenced for Attempting to Smuggle Black Tar Heroin in Plastic Toys

In San Antonio, a federal judge sentenced 28-year-old Angelica Reyes-Vasquez to 70 months in federal prison for her role in smuggling black tar heroin into the United States, announced U.S. Attorney John F. Bash and Homeland Security Investigations (HSI) San Antonio Office Special Agent in Charge Shane Folden.

On October 26, 2019, Reyes-Vasquez, a citizen of Mexico, arrived at the San Antonio International Airport on a flight originating from Mexico City, Mexico.  While going through customs inspection, Customs and Border Protection (CBP) officers detained Reyes-Vasquez for providing conflicting information to the officers.  Reyes-Vasquez was referred to secondary inspection for further questioning.  A subsequent inspection of Reyes-Vasquez’ luggage revealed three plastic toys containing approximately 5.4 kilograms of black tar heroin.  

On January 21, 2020, Reyes-Vasquez pled guilty to one count of importation of heroin.  On July 21, 2020, U.S. District Judge Jason K. Pulliam sentenced Reyes-Vasquez to 70 months of federal imprisonment to be followed by five years of supervised release.

Reyes-Vasquez has remained in federal custody since her arrest on October 26, 2019.

“While some may mistakenly view smuggling controlled substances as a path to a quick profit, the sentencing of Reyes-Vasquez demonstrates that serious consequences await those who engage in criminal activity,” said HSI Special Agent in Charge Folden.  “HSI will continue to work closely with our law enforcement partners to protect our communities and bring drug smugglers to justice.”

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated this case with assistance from the U.S. Customs and Border Protection (CBP) Office of Field Office Director.  Assistant U.S. Attorney Brian Nowinski prosecuted the case on behalf of the government.

Maryland man sentenced to prison for cyberstalking Ohio victims

COLUMBUS, Ohio – A Maryland man was sentenced in U.S. District Court to 30 months in prison for cyberstalking victims in the Southern District of Ohio.

Vincent Brocoli, 33, of Essex, Md., was indicted by a federal grand jury in August 2019 and pleaded guilty in November 2019.

According to court documents, from August 2016 until April 2019, Brocoli (also known as Matthew Dehart, BunchMedia and BunchMarketing), cyberstalked a female victim and her parents by creating social media accounts in their names, sending them threats, and using the Internet to cause substantial emotional distress to their family.

Brocoli created social media accounts like @xokirstylies1, @xokirstyslut1 and @killyourselfkirsty, among others.

The defendant used the Internet to post photos of the victim with a cross on her forehead and send messages like “I hope you get cancer and die UGLY SLLUT [sic],” and “Go away and die. Just put a gun in your mouth and get it over with.”

Court documents also detail that, over the course of nearly three years, Brocoli used the Internet and multiple social media platforms to post threatening and sexually vulgar comments, calling the victim a “worthless lying slut” and a “whore.” Brocoli also used the Internet to post comments asserting that the victim and her husband had AIDS, like claiming that the victim “took [her husband]’s gay cum down her throat and now she has aids. Diseased whorebag.”

Brocoli posed as the victim’s father and mother online by creating multiple Instagram and Twitter handles using their names. He also used the Internet to post comments to the victim’s mother, calling her a “pedophile,” commenting that she needed “to be arrested for child abuse,” and telling her to “Shut up and die.” Brocoli further used the Internet to post to the victim’s father that he would “be the first to go to hell and answer to the real God when the time comes.”

David M. DeVillers, United States Attorney for the Southern District of Ohio, and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence imposed Friday evening, July 24, by Chief U.S. District Judge Algenon L. Marbley. Special Assistant United States Attorney Christopher N. St. Pierre represented the United States.

Friday, July 24, 2020

Operation Shutdown Corner Update: Beckley Man 10th Defendant Sentenced for Federal Drug Crimes

BECKLEY, W.Va. – The 10th defendant was sentenced for his participation in an extensive drug trafficking organization (DTO) operating between California and the Southern District of West Virginia, announced United States Attorney Mike Stuart. Corey Moore, 47, of Beckley, was sentenced to 60 months in prison, to be followed by three years of supervised release, for conspiring to distribute methamphetamine. Moore was one of 17 defendants charged as a result of a long-term, multi-state DTO investigation known as Operation Shutdown Corner.

“It is a priority of mine to break up the drug trafficking networks that are destroying our communities,” said United States Attorney Mike Stuart. “Operation Shutdown Corner was a huge success, taking down a multi-state meth pipeline and saving countless lives.”

At his plea hearing, Moore admitted that between June 2018 and September 17, 2019, he worked with other members of a DTO operating in Raleigh County to distribute methamphetamine. During that time period, Moore allowed packages containing methamphetamine to be delivered to his residence in Beckley. He then would receive directions from other members of the DTO as to who or where the package should be delivered. Moore followed those directives. In July of 2019, law enforcement officers determined that a package was delivered to Moore’s residence in Beckley. Officers conducting surveillance on Moore’s residence discovered that Moore delivered the package to another member of the DTO. Further investigation revealed that the package contained approximately five pounds of methamphetamine. 

The investigation was handled by the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department and the West Virginia State Police. 

Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Frank W. Volk imposed the sentence.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:19-cr-00227.

Three Individuals Charged in Federal Court With Illegally Possessing Guns or Ammunition in Chicago

Charges Are the First Federal Prosecutions in Chicago Under “Operation Legend”

CHICAGO — Three individuals have been charged with federal offenses for allegedly illegally possessing guns or ammunition in Chicago this week.  The charges are the first federal prosecutions in Chicago under the Department of Justice’s Operation Legend.

DARRYL COLLINS, 30, of Dolton, is charged with one count of illegal possession of ammunition by a convicted felon, while ROMEO HOLLOWAY, 21, of Chicago, is charged with one count of illegal possession of a firearm by a convicted felon.  Collins and Holloway were previously convicted of criminal felonies and were not lawfully allowed to possess a firearm or ammunition. 

DARRYL PHILLIPS, 22, of Chicago, is charged with one count of illegal possession of a machinegun. 

All three defendants are currently detained in federal custody.

The federal charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department.  The government is represented in the Collins case by Assistant U.S. Attorney Julia K. Schwartz; in the Holloway case by Assistant U.S. Attorney Jared Hasten; and in the Phillips case by Assistant U.S. Attorney Jeannice W. Appenteng.

The charges are the first federal prosecutions brought under Operation Legend, a Department of Justice initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime.  As part of Operation Legend, Attorney General William P. Barr directed ATF, FBI, U.S. Marshals Service, and DEA to significantly increase resources into Chicago to help state and local officials fight violent crime, particularly gun offenses.  ATF has deployed its national Crime Gun Intelligence Mobile Command Vehicle to assist local law enforcement with analysis of crime scenes and spent shell casings through the National Integrated Ballistic Information Network (NIBIN).

“Operation Legend has strengthened our efforts to apprehend and charge illegal gun offenders in Chicago,” said U.S. Attorney Lausch.  “Under Operation Legend, we are working closer than ever with the Chicago Police Department, ATF, and other federal, state, and local law enforcement partners to arrest and prosecute individuals engaging in violent crime in the city.”

According to criminal complaints filed in U.S. District Court in Chicago, Collins was arrested Wednesday afternoon by Chicago Police officers for illegally possessing ammunition, which was in a loaded handgun, in the 8200 block of South Maryland Avenue in the East Chatham neighborhood.

Holloway was arrested Tuesday night by federal and local law enforcement officers for illegally possessing a loaded handgun in the 2700 block of West Flournoy Street in the East Garfield Park neighborhood, according to the complaint.  The gun contained ten rounds of live ammunition and had a bullet in the chamber, the complaint states. 

Phillips was arrested early Wednesday morning by federal and local law enforcement officers executing a court-authorized search warrant in the 2700 block of West Flournoy Street in the East Garfield Park neighborhood, according to the complaint.  Officers discovered a semiautomatic handgun in a bedroom, the complaint states.  An ATF special agent reviewed the firearm and determined it was equipped with an auto-sear device, also known as a “switch,” which transformed the firearm into a machinegun capable of automatically shooting more than one shot without manually reloading, the complaint states.

The public is reminded that a complaint is not evidence of guilt.  The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.  The charges are punishable by up to ten years in federal prison.  If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

In addition to the resources allocated under Operation Legend, the U.S. Attorney’s Office holds gun offenders accountable through Project Guardian and Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategies.  Project Guardian focuses specifically on investigating, prosecuting, and preventing gun crimes, and it emphasizes the importance of using modern technologies to promote gun crime intelligence.  The U.S. Attorney’s Office has deployed the Guardian and PSN programs to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally possess firearms.

Rochester Man Pleads Guilty To Production Of Child Pornography

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean R. Sullivan, 50, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to production of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison, a maximum of 30 years, and a fine of $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between 2005 and 2009, the defendant produced several images of Minor Victim 1 (MV1) sleeping in her bed. MV1 was approximately five years old in 2005. The images show Sullivan performing a sexual act on MV1 while she slept. In addition, between 2009 and 2014, Sullivan hid surveillance cameras in his residence in the bathroom, living room, and MV1’s bedroom. Using those cameras, defendant produced several images of MV1 in various stages of undress which constitute child pornography. MV1 also produced images of MV1 engaging in a sexual act with Minor Victim 2 (MV2), another individual under the age of 18.   

The plea is the result of an investigation led by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Sentencing is scheduled for November 4, 2020, at 2:00 p.m. before Chief Judge Geraci.

Local man in custody for bomb threat

BROWNSVILLE, Texas – A 73-year-old resident of La Feria has been charged with making a threat to bomb the Veteran’s Administration (VA) Hospital in Harlingen, announced U.S. Attorney Ryan K. Patrick.

Dennis Deane Dailey will appear for his detention hearing Aug. 11 before U.S. Magistrate Judge Ronald Morgan.

On July 20, Dailey allegedly called the VA suicide prevention hotline expressing he was having suicidal thoughts. He claimed to be angry and that he planned to shoot employees at the VA hospital in Harlingen, according to the charges. Dailey also allegedly stated he planned to kill people between the ages of 18 and 30 because they are spreading COVID-19. The criminal complaint further alleges Dailey claimed to have “many guns and bombs” and would blow up the VA and kill whoever needed to be killed.

Federal authorities arrested Dailey July 22. He made his initial appearance the following day, at which time he was ordered into custody pending further criminal proceedings.

If convicted, Dailey faces up to 10 years in federal prison and a possible $250,000 maximum fine.

The FBI conducted the investigation. Assistant U.S. Attorney Oscar Ponce is prosecuting the case.

A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

U.P. Methamphetamine Dealer Sentenced To 21 Years In Federal Prison

          GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Rodgers Lee Shealy was sentenced this week to 21 years of imprisonment by Chief U.S. District Judge Robert J. Jonker. Shealy pled guilty in August 2019 to conspiracy to distribute 50 grams or more of methamphetamine. Upon release, Shealy will be supervised for eight years.

          Law enforcement’s investigation showed that between approximately 2017 and February 2019, when Shealy was arrested, Shealy obtained methamphetamine and heroin from Pontiac, Michigan and Oklahoma. He then transported the drugs to various locations in the Upper Peninsula, including Marquette County, Baraga County, and Menominee County using a number of associates.

          The case was investigated by KIND, UPSET, HSI and the BIA, and prosecuted by Assistant U.S. Attorney Hannah N. Bobee.

Sioux Falls Man Convicted by Federal Jury of Conspiracy to Distribute Meth

United States Attorney Ron Parsons announced that Gabriel Orlando Ramirez, a/k/a “Cheech,” age 43, of Sioux Falls, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance as a result of a federal jury trial in Sioux Falls, South Dakota. 

The charges carry a mandatory minimum of 10 years, up to life, in federal prison and/or a $10 million fine, a mandatory minimum of 5 years, up to life, of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

Ramirez was indicted by a federal grand jury on May 8, 2019. 

Beginning on an unknown date and continuing until May 8, 2019, Ramirez knowingly and intentionally conspired with others to distribute over 500 grams of methamphetamine, which is a Schedule II controlled substance.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the South Dakota Division of Criminal Investigation, the Minnehaha County Sheriff’s Office, the Sioux Falls Police Department, the Drug Enforcement Administration, and the South Dakota Highway Patrol.  Assistant U.S. Attorneys Jeffrey C. Clapper and Jennifer Mammenga prosecuted the case.

A presentence investigation was ordered and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.

Drug trafficking ring leader sentenced to 504 months in federal prison

Distributed methamphetamine, cocaine, and heroin in Kokomo

Indianapolis – United States Attorney Josh J. Minkler announced today, Reggie M. Balentine, 43, Kokomo, Ind., and Perry O. Jones, 45, Kokomo, Ind. were sentenced for their role in a large drug trafficking ring operating in Kokomo, Ind. Balentine was sentenced to 504 months in federal prison and Jones was sentenced to 260 months in federal prison.

     “Shutting this drug trafficking organization down was a big victory for the law abiding citizens of Kokomo and the entire Hoosier state.” said Minkler. Investigations like this where drug dealers are arrested, held without bond, convicted at trial and sentenced to a lengthy federal prison sentence will restore some peace to the citizens of Kokomo.”

From the fall of 2017 to May 1, 2018, Drug Enforcement Administration (DEA) Indianapolis District Office, Internal Revenue Service (IRS) Criminal Investigation, and the Kokomo Police Department conducted an extensive investigation that resulted in the federal arrest of 15 Kokomo, Indiana residents including Balentine and Jones.

The investigation revealed that Balentine was coordinating drug shipments from co-conspirator, Pierre Riley, in Atlanta, GA for further distribution in the Kokomo area by Michael Jones, who was earlier sentenced to 35 years, as well as other co-conspirators, to include his roommate, Perry Jones. Balentine would utilize female couriers to travel between Kokomo and Georgia to deliver controlled substances to Balentine and deliver drug proceeds to his supplier Pierre Riley in Georgia. These couriers would travel by bus or vehicle to complete this task.

Throughout the conspiracy, many of the conspirators possessed firearms in relation to their drug trafficking activities, in order to protect themselves, their drugs, and their drug proceeds. Investigators were also able to arrest two hitmen that were hired by the organization to travel from Atlanta, Georgia to Kokomo to murder a Kokomo resident.

 During the investigation, agents seized approximately 17 pounds of methamphetamine, 2 pounds of cocaine, 2 ounces of heroin, 122 grams of fentanyl, $37,000 in drug proceeds and 24 firearms.

In October 2019, Balentine plead guilty to the following federal offenses: conspiracy to possess with intent to distribute and to distribute controlled substances, distribution of 50 grams or more of methamphetamine, conspiracy to use interstate commerce in the commission of murder-for-hire, felon in possession of a firearm, attempted possession with intent to distribute 50 grams or more of methamphetamine, and possession with intent to distribute 50 grams or more of methamphetamine.

Jones also plead guilty to the following federal offenses: conspiracy to possess with intent to distribute and to distribute controlled substances, felon in possession of a firearm, and possession of a firearm as a previously convicted felon.

This case was the result of an investigation by the Drug Enforcement Administration, Internal Revenue Service Criminal Investigation, and the Kokomo Police Department.

DEA Assistant Special Agent in Charge, Michael Gannon said, “The 42 year sentence for Mr. Balentine and the 21 year sentence of Mr. Jones is a big win for the fine citizens of Kokomo. Mr. Balentine headed a violent drug trafficking organization that utilized fear and violence to fuel the illicit distribution of methamphetamine, fentanyl, heroin, and cocaine in the Kokomo area. The DEA and their local, state, and federal partners are committed to targeting the most violent individuals who are wreaking havoc in our communities. Mr. Balentine was clearly that person.

According to Assistant United States Attorney Michelle Brady, who prosecuted this case for the government, Balentine must also serve five years of supervised release and Jones must serve ten years supervised release following their sentence.

In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution sentencing demonstrates the office’s firm commitment to target, investigate, and prosecute organizations that distribute methamphetamine and or heroin. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 3.1 and 3.3

Rochester Man Pleads Guilty to Threatening to Shoot U.S. Congressman

SPRINGFIELD, Ill. – A Rochester, Ill., man, Randall E. Tarr, today entered a plea of guilty to making a threat against U.S. Congressman Rodney Davis. Tarr, 65, of the 200 block of E. Mill St., Rochester, Ill., entered his plea by video conference before U.S. Magistrate Judge Tom Schanzle-Haskins in Springfield. Sentencing for Tarr has been scheduled on Nov. 20, 2020, before U.S. District Judge Sue E. Myerscough.

At today’s hearing, Tarr admitted that on the morning of Nov. 25, 2019, he called the Decatur, Ill., office of Congressman Davis and left a profanity-filled voicemail message in which he threatened to shoot the congressman.

According to court documents, the voicemail message was forwarded to U.S. Capitol Police, in Washington, D.C. Through caller ID, police identified Tarr as the alleged caller and U.S. Capitol Police contacted the Rochester Police Department to ask officers to make contact with Tarr. Rochester police officers made initial contact with Tarr on Nov. 25, at his residence, and FBI special agents subsequently interviewed Tarr.  

The offense, making a threat to a federal official, carries a maximum penalty of up to 10 years in prison.

Assistant U.S. Attorney Crystal C. Correa is representing the government in the prosecution. The U.S. Capitol Police, FBI, and the Rochester Police Department conducted the investigation.

Convicted Felon Sentenced to 15 Years in Federal Prison for Illegally Possessing Loaded Gun on South Side of Chicago

CHICAGO — A convicted felon has been sentenced to 15 years in federal prison for illegally possessing a loaded handgun in the Avalon Park neighborhood of Chicago.

ANTOINE JACKSON, 31, of Chicago, illegally possessed the loaded gun in the 8200 block of South Woodlawn Avenue on March 4, 2018.  Jackson initially ran from Chicago Police officers who attempted to handcuff him, but he was apprehended a short time later.  The semiautomatic handgun had a 16-round magazine and was capable of accepting an even larger capacity magazine.

Jackson was not legally allowed to possess a firearm after previously being convicted in the Circuit Court of Cook County for armed robbery and attempted armed robbery.

Jackson pleaded guilty earlier this year in the federal case to one count of illegal possession of a firearm by a felon.  U.S. District Judge Joan Humphrey Lefkow imposed the 15-year sentence Wednesday in federal court in Chicago.

The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department.

“Despite being a convicted felon, just three years after getting paroled on his state cases, Jackson was again in possession of a firearm on the streets of Chicago,” Assistant U.S. Attorney Jared C. Jodrey argued in the government’s sentencing memorandum.  “Jackson’s criminal record and offense conduct demonstrate a continued disrespect for the law.”

Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of Project Guardian and Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategies.  In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the Guardian and PSN programs to attack a broad range of violent crime issues facing the district.