Tuesday, November 24, 2020

Louisiana Woman Indicted in $4.8M Elder Fraud Scheme

 TYLER, Texas -- A 44-year-old Shreveport, Louisiana woman has been indicted for her role in an elder fraud scheme in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox.

Monica Ruiz was named in an indictment returned by a federal grand jury, which charged her with wire fraud.

According to the indictment, Ruiz enlisted a variety of false and fraudulent pretenses, representations, and promises in a scheme to defraud an elderly victim from Bullard, Texas.  Among the various misrepresentations Ruiz made in order to obtain money from the victim were the following:

                - That Ruiz had been in a coma;

                - That Ruiz had brain surgery;

                - That Ruiz was falsely arrested and imprisoned;

                - That Ruiz had bribed a judge and prosecutor;

                - That Ruiz’s son died in a car accident in Pennsylvania;

                - That Ruiz was in a car accident;

                - That Ruiz had a kidney transplant;

                - That Ruiz’s daughter was committed to a mental institution;

                - That Ruiz was incarcerated; and

                - That Ruiz’s grandmother died.

At times, Ruiz impersonated other people in communications with the victim.  At other times, she created and used false personas in communications with the victim.  Over the course of her scheme, Ruiz obtained more than $4.850 million from the victim.

If convicted, Ruiz faces up to 20 years in federal prison.  A grand jury indictment is not evidence of guilt.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

In October 2017, President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law.  The EAPPA’s purpose is to increase the federal government’s focus on preventing elder abuse and exploitation.  Subsequently, the Department of Justice launched the Elder Justice Initiative (EJI).  Through the EJI, the Department has participated in hundreds of criminal and civil enforcement actions involving misconduct that targeted vulnerable seniors.  This past March, the Department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide sweep.  The Department has likewise conducted hundreds of trainings and outreach sessions across the country.  The EJI website contains useful information, including educational resources about prevalent financial scams so you can guard against them.

In August, the Eastern District of Texas announced plans to develop a new initiative, in partnership with law enforcement, to increase enforcement efforts to combat transnational elder fraud schemes and their extensive networks of associates and money mules who launder the stolen funds.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).  This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps.  Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis.  Reporting is the first step.  Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses.  The hotline is staffed 7 days a week from 6:00 a.m. to 11:00 p.m. Eastern Time. English, Spanish, and other languages are available.

This case is being investigated by the U.S. Secret Service with the assistance of the Tyler Police Department and the Louisiana State Police - Gaming Enforcement Division and is being prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld.

Aliquippa Felon Admits to Possessing Cocaine, a Firearm and Ammunition

 PITTSBURGH - A Beaver County resident pleaded guilty in federal court to charges of possession with intent to distribute cocaine and possession of a firearm and ammunition by a convicted felon, United States Attorney Scott W. Brady announced today.

Antoine Cummings, age 37, of Aliquippa, Pennsylvania, pleaded guilty to two counts before Senior United States District Judge Nora Barry Fischer.

In connection with the guilty plea, the court was advised that in September 2019, the Beaver County Drug Task Force and Aliquippa Police Department searched an apartment in which Cummings was living. During the search, law enforcement officers found and seized around 51 grams of powder cocaine, a loaded Smith and Wesson 40 caliber pistol, ammunition, and over $5,800, all possessed by Cummings. Because Cummings had prior felony convictions, including one for drug trafficking, he was a person not to possess a firearm and ammunition.

Judge Fischer scheduled sentencing for April 22, 2021 at 1:00 pm. For the charge of possession with intent to distribute cocaine, the law provides for a total sentence of not more than 30 years in prison, a fine not to exceed $2,000,000, or both. For the charge of felon in possession, the law provides for a total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Pending sentencing, the court ordered that Cummings be detained.

Assistant United States Attorney Brian M. Czarnecki is prosecuting this case on behalf of the government.

The Beaver County Drug Task Force led the multi-agency investigation of this case. Other agencies involved in the investigation include the Beaver County High Intensity Drug Trafficking Area (HIDTA) Task Force, and the Aliquippa Police Department.

Manchester Man Pleads Guilty to Child Pornography Crimes

            CONCORD - Robert Severance, 61, of Manchester, pleaded guilty in federal court on Monday to distributing and possessing child pornography, United States Attorney Scott W. Murray announced today.

            According to court documents and statements made in court, on July 15, 2019, the Manchester Police Department (“MPD”) received a tip previously submitted to the National Center for Missing and Exploited Children by the social media website Instagram.  The tip reported that on June 6, 2019 a file uploaded to Instagram was identified as a Child Sexual Abuse Image. MPD investigators later determined that the Instagram account was associated with Severance, who was a registered sex offender in Manchester, New Hampshire.

            MPD investigators spoke with Severance at his residence in Manchester on July 22, 2019. He voluntarily went to the MPD and consented to an interview.  Severance admitted to creating the Instagram account and explained that he portrayed himself as a 15-year-old female in order to talk with other young females.  He stated that he had a laptop at home and admitted to receiving thousands of pictures and/or videos of child pornography via email.

           A search warrant executed at Severance’s home the following day resulted in the seizure of numerous electronic devices and other media items.  Forensic review of all items seized from the defendant revealed thousands of images and over one hundred videos of child pornography.    

           Severance is scheduled to be sentenced on March 1, 2021.

          “Few missions of law enforcement are more important than protecting our children,” said U.S. Attorney Murray.  “We are committed to working closely with our law enforcement partners to identify and prosecute all of those who are involved in the exploitation of children.  In order to keep Granite State children safe, we will not hesitate to bring federal criminal charges against those who distribute child pornography.”

          “The NH ICAC continues to remain committed in the fight against child sexual exploitation on the internet,” said Lieutenant John Peracchi, Commander of the New Hampshire Internet Crimes Against Children Task Force (“NH ICAC”),   “The NH ICAC would like to remind parents to remain vigilant, especially during these unprecedented times with COVID-19 where the NH ICAC continues to see a rise in the number of cases reported.”

          “Mr. Severance’s blatant disregard for the wellbeing of some of our most vulnerable citizens, is extremely concerning,” said Manchester Police Chief Allen Aldenberg. “His actions are disturbing and intolerable. Manchester police detectives dedicated a great deal of effort into this investigation and for that they should be commended.  As a result of their efforts this matter has been resolved and should serve as a deterrent to others who choose to engage in such criminal behavior.”

           This matter was investigated by Homeland Security Investigations, the NH Internet Crimes Against Children Task Force, and the Manchester Police Department.  The case is being prosecuted by Assistant U.S. Attorney Kasey Weiland.

           In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Monday, November 23, 2020

Boston Man Charged with Bank Robbery

 Defendant, who is currently on supervised release for two prior bank robberies, removed his GPS monitoring bracelet before robbing another bank

BOSTON – A Boston man made an initial appearance today in federal court in Boston after he was charged with robbing a bank in Boston on Nov. 13, 2020. At the time, the defendant was on supervised release and on electronic monitoring, after being convicted of committing two bank robberies in 2016.

Stephen D. Williams, 56, was charged by criminal complaint with one count of bank robbery. Williams, who is currently on supervised release for two 2016 bank robberies, was arrested on state charges on Nov. 13, 2020. Williams was detained following an initial appearance before Magistrate Judge Judith Dein this afternoon.

According to court documents, in March 2018, Williams was sentenced to 60 months in prison after pleading guilty to robbing two banks in 2016. In July 2020, Williams’s sentence was modified pursuant to a motion for compassionate release, and he was released from prison to home confinement on electronic monitoring.  According to the prosecutor at today’s hearing, Williams allegedly removed his court authorized electronic monitoring bracelet. 

According to charging documents, on Nov. 13, 2020, an individual wearing a grey knit cap, later identified as Williams, entered a branch of the Santander Bank in Boston. Williams passed the teller a note indicating a robbery and that he had a gun. The teller gave Williams $7,000 cash and Williams allegedly stuffed it into the pockets of the blue jacket he was wearing and exited the bank.

It is alleged that Williams was later observed a short distance from the bank counting money, removing his blue jacket and placing it into a black trash bag. A short time later, Williams was observed carrying the black trash bag. While Williams was being questioned by police, he dropped the trash bag and after a brief chase was arrested. Inside the black trash bag, a blue jacket, grey knit cap and a large sum of cash in excess of $7,000 was recovered.  

The charge of bank robbery provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the Sentencing Guidelines and other statutory factors.  

​​United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Boston Police Commissioner William Gross; and Suffolk County District Attorney Rachael Rollins made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

​​The details contained in charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

13+ Years in Federal Prison for Drug Dealer Who Sold Fatal Dose of Heroin/Fentanyl

 KANSAS CITY, KAN. – A Kansas man was sentenced today to 167 ninths in federal prison for selling heroin mixed with fentanyl to a man who overdosed and died, U.S. Attorney Stephen McAllister said.

Ramon Strickland, 44, Kansas City, Kan., pleaded guilty to one count of distributing heroin/fentanyl resulting in death.

According to court records, on May 23, 2017, police in Overland Park, Kan., responded to an emergency call from a parent of an overdose victim. A toxicologist determined that the victim died from respiratory distress caused by the effects of heroin and fentanyl in his system. Heroin is now commonly laced with fentanyl to increase the high. Fentanyl is 80 to 100 times more potent than opium.

Investigators determined that Strickland distributed heroin to the victim on the evening of May 22, 2017.

McAllister commended the Overland Park Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Sheri Catania for their work on the case.

Judge sentences Warren County man for drug and firearm charges

 ST. LOUIS, MO – United States District Judge Stephen R. Clark sentenced Jeffery Lynn Canter to 70 months in prison today. The 41-year-old Warrenton, Missouri resident pleaded guilty today to possession of methamphetamine with the intent to distribute and being a felon in possession of a firearm.

On September 5, 2019, law enforcement executed a search warrant at a residence in the 600 block of Salisbury Street in Montgomery City. Canter was present at the residence when police found an AR-15 pistol with a 100-round magazine in the kitchen. Police also found Canter’s backpack, which contained nine plastic bags of methamphetamine, a 15-round magazine for the AR and a plastic container of 9mm ammunition.  Police also found two baggies containing methamphetamine on the kitchen table, various drug paraphernalia in the kitchen and bedroom and a digital scale in the living room.

Canter admitted the 172 grams of methamphetamine, gun and contents of the backpack were his. Canter also acknowledged he intended to sell the methamphetamine and was a felon prior to September 5, 2019.

The Montgomery County Sheriff’s Office, Montgomery City Police Department and the Missouri State Highway Patrol Drug Task Force investigated this case. Assistant United States Attorney Paul D’Agrosa is handling the case.

La Crosse Man Sentenced to 11 Years for Distributing Methamphetamine

MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that James Vinson, 33, La Crosse, Wisconsin, pleaded guilty and was sentenced today by Chief U.S. District Judge James D. Peterson to 11 years in federal prison for distributing 50 grams or more of methamphetamine.  This prison term will be followed by 6 years of supervised release.  

On December 5, 2019, officers with the West Central Metropolitan Enforcement Group arrested Vinson after he sold 111 grams of pure methamphetamine to a confidential informant in La Crosse.  At the time, Vinson was already on state supervision for a prior methamphetamine trafficking conviction. 

The charge against Vinson was the result of an investigation conducted by the West Central Metropolitan Enforcement Group, La Crosse County Sheriff’s Office, La Crosse and Onalaska Police Departments, and the Drug Enforcement Administration.  The prosecution of the case has been handled by Assistant U.S. Attorney Steven P. Anderson. 

Missouri Man Facing Child Pornography And Cyberstalking Charges

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Neal, of Hallsville, Missouri, was charged by criminal complaint with production, receipt, and distribution of child pornography, as well as cyberstalking. The charges carry a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, in July 2018, Neal initiated a conversation with a minor female victim, living in the Western District of New York, on Instagram and asked her to send him pictures of her feet and face. After the victim complied with the defendant’s request, Neal demanded that she produce and send him sexually explicit images of herself or else he would send the images she previously sent to him to all of her Instagram followers. The victim complied and sent Neal the requested images. Over the next two years, the defendant continued to harass the victim through Instagram and text message, demanding that she take and send him more images or else he would distribute the sexually explicit images she previously provided to him to all of her Instagram contacts. In July 2020, Neal followed through with his threats and sent several images of the victim to four of her Instagram followers. 

Neal made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.
 
The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

Leader of International Cocaine Trafficking Organization Sentenced to 15 Years

 GREENVILLE, N.C. – A Mexican national was sentenced today to 180 months’ imprisonment for conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine (Count One); and possession with intent to distribute five kilograms or more of cocaine, and aiding and abetting (Count Two).

According to court documents and the Drug Enforcement Administration (DEA), Bernave Millan-Rascon, also known as “Berna,” 40 years old, was one of two leaders of an international cocaine trafficking organization based in Mexico. Millan-Rascon directed the shipment of multi-kilogram quantities of cocaine from Mexico into Texas, and then into other parts of the United States, including the Eastern District of North Carolina.

Agents conducted a wiretap investigation and seized 16 kilograms of cocaine, $173,100, and two firearms in Benson, North Carolina and Willow Spring, North Carolina. During the wiretap, agents recorded phone calls in which the Defendant directed the shipment of large amounts of cocaine into North Carolina.  The Defendant was extradited from Colombia, South America for prosecution in the Eastern District of North Carolina.

Three co-conspirators have previously been convicted and sentenced: Carlos Miranda Lopez (120 months’ imprisonment); Francisco Javier Rascon-Millan (12 months and 1-day imprisonment); and Malcolm Jamar Hird (120 months’ imprisonment).

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina, made the announcement after Chief United States District Judge Terrence W. Boyle sentenced Millan-Rascon. The Drug Enforcement Administration (DEA), the Wilson Police Department, the Raleigh Police Department, the Rocky Mount Police Department, the Nash County Sheriff’s Office, and the Wayne County Sheriff’s Office assisted in this investigation.  Assistant U.S. Attorney Scott A. Lemmon prosecuted the case.

Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:18-CR-425-BO-1.

Fifteen Members and Associates of Philadelphia La Cosa Nostra Indicted on Federal Racketeering Charges

 

A superseding indictment was unsealed today against 15 defendants, including alleged members and associates of the South Philadelphia and Southern New Jersey-based criminal organization La Cosa Nostra (LCN), popularly known as the ‘mafia’ or ‘mob.’  The superseding indictment charges various crimes including racketeering conspiracy, illegal gambling, loansharking, extortion, and drug trafficking.

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney William M. McSwain of the Eastern District of Pennsylvania, and Special Agent in Charge Michael Driscoll of the FBI’s Philadelphia Field Office made the announcement.

The defendants charged in the seven-count superseding indictment are Steven Mazzone, aka “Stevie,” 56; Domenic Grande, aka “Dom,” “Mr. Hopkins,” “Mr. Brown,” and “Dom14,” 41; Joseph Servidio, aka “Joey Electric,” 60; Salvatore Mazzone, aka “Sonny,” 55; Joseph Malone, 70; Louis Barretta, aka “Louie Sheep,” 56; Victor DeLuca, aka “Big Vic,” 56; Kenneth Arabia, aka “Kenny,” 67; Daniel Castelli, aka “Danny,” “Cozzy,” aka “Butch,” aka “Harry,” age 67; Carl Chianese, age 81; Anthony Gifoli, aka “Tony Meatballs,” 72; John Romeo, 58; Daniel Malatesta, 75; Daniel Bucceroni, 66; and John Michael Payne, 33.

According to court documents, the Philadelphia LCN is one of a number of LCN organized crime families based in various cities throughout the United States.  The purpose of the LCN in Philadelphia and elsewhere is to make money through the commission of various crimes, including illegal gambling, loansharking, drug trafficking, and extortion.

Like other LCN families, the Philadelphia LCN is operated through a defined hierarchical structure, including a Boss, an Underboss (Steven Mazzone), and Captains (Grande), who oversee “crews” consisting of “soldiers” and “associates.”  As detailed in the superseding indictment, soldiers are members of the family who have been formally initiated through a ritual called a “making ceremony,” during which they swear allegiance to LCN above all else, take a vow of secrecy about the organization (the Code of Silence or “Omerta”), and agree to commit violence on behalf of the LCN if necessary.  After this ceremony, these men (who must be of 100 percent Italian ancestry) are then referred to as “made members” of LCN.  Associates are men who engage in criminal activity on behalf of LCN but who have not been formally “made,” either because they are up-and-coming and aspire to full membership, or because they are ineligible to be made because they lack fully Italian ancestry.  Made members and associates who break Omerta are looked upon unfavorably as “rats” and may be targeted for death by other members of the group.

As described in the superseding indictment, the Philadelphia LCN sought to use its reputation and influence to exercise control over criminal rackets like sports bookmaking and loansharking operating in Philadelphia and southern New Jersey, particularly Atlantic City.  During a period beginning in August 2015, 10 of the defendants allegedly conspired to conduct and participate in the affairs of the Philadelphia LCN through both a pattern of racketeering activity and through the collection of unlawful debts.  The remaining five defendants are charged with allegedly committing a variety of other offenses, including conducting an illegal gambling business, conspiracy to make extortionate extensions of credit, and conspiracy to distribute controlled substances, in partnership with other members and associates of the Philadelphia LCN.

As alleged in the superseding indictment, on Oct. 15, 2015, defendants Steven Mazzone, Grande, and Salvatore Mazzone participated in a “making ceremony” (as detailed above) in a South Philadelphia residence, during which several new soldiers were inducted into the Philadelphia LCN.  The superseding indictment describes the various acts allegedly committed by the defendants and others as members of the group including the distribution of heroin, cocaine, fentanyl, methamphetamine and oxycodone pills; the disbursement and collection of tens of thousands of dollars of unlawful bookmaking and other debts ‘owed’ to the group at interest rates as high as 400 percent; and even an alleged conspiracy to kidnap or murder a drug dealer in order to protect the reputation of the Philadelphia LCN after the dealer sold members of the group fake drugs.

The case is being investigated by the FBI’s Philadelphia Field Office and Atlantic City Resident Agency with the assistance of the Philadelphia Police Department, the Pennsylvania State Police and the Pennsylvania Office of the Attorney General.  The case is being prosecuted by Trial Attorney Alexander Gottfried of the Criminal Division’s Organized Crime and Gang Section Assistant U.S. Attorney Jonathan Ortiz of the Eastern District of Pennsylvania.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

Federal Prisoner Sentenced To 120 Months’ Imprisonment For Assault

 SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Wesley Mark Smith, age 53, an inmate at the United States Penitentiary – Allenwood, White Deer, Pennsylvania, was sentenced on November 20, 2020, to 120 months’ imprisonment by U.S. District Court Judge Matthew W. Brann, for a prison assault resulting in serious bodily injury.  

According to United States Attorney David J. Freed, Smith was convicted after a five-day trial in March 2020, for assaulting his cellmate by punching the victim about the face and head to the point of unconsciousness. After separating from the victim briefly at the direction of BOP staff, Smith reengaged by picking up a wheelchair located in the cell for the use of his cellmate and proceeding to bludgeon the face and chest of the prone and unconscious victim. The victim suffered severe injuries, including multiple facial fractures, intercranial subdural hemorrhage, brain herniation, complex nasal bone fractures, broken and missing teeth, and loss of a significant volume of blood.

The case was investigated by the Federal Bureau of Investigation and the Bureau of Prisons.  Assistant U.S. Attorneys Todd K. Hinkley and George Rocktashel prosecuted the case.

Federal Felon Charged With Armed Robbery Of Pensacola Publix

 PENSACOLA, FLORIDA – A federal grand jury returned a three-count indictment on Wednesday, November 18, 2020, charging Nathaniel O. Cox, 29, of Dallas, Texas, with Hobbs Act robbery, brandishing a Kel-Tec SUB-200 rifle during the commission of a crime of violence, and being a felon in possession of a firearm and ammunition. Lawrence Keefe, United States Attorney for the Northern District of Florida, and Escambia County Sheriff David Morgan announced the indictment today.

“I applaud the Escambia County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives for partnering to conduct a swift, seamless and thorough investigation into this violent crime,” said U.S. Attorney Keefe. “Cox wasn’t able to get far before he was apprehended, and now he will have to answer for his alleged crimes. Let this be a warning to any other individuals who may be thinking of engaging in criminal activities such as this: if you do, you will be caught and prosecuted to the fullest extent allowed by law.”

The federal indictment alleges that on October 22, 2020, at approximately 8:35pm, Cox entered the Publix grocery store located at 5998 Mobile Highway in Pensacola. He confronted a store manager and another employee, warning that he was armed and there to rob the store. The charging documents allege Cox then instructed them to take him to the money room. Once inside, it is alleged that Cox brandished his weapon and instructed the two employees along with a third inside the room to gather the money and place it in his backpack. The employees were then ordered to lie on top of each other and to count out loud or otherwise be shot. It is alleged that Cox then fled the Publix with the stolen money. 

“It is an honor to partner with our federal brethren in identifying and arresting a violent felon,” said Escambia County Sheriff David Morgan. “We applaud the efforts of the U.S. Attorney’s Office in their consistent approach in prosecuting these dangerous criminals.”

The Escambia County Sheriff’s Office was the first to respond to and investigate the crime scene.  Working in conjunction with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Sheriff’s Office was able to locate Cox at the Jacksonville International Airport and take him into custody without incident. Cox currently awaits transport by the United States Marshals Service from Jacksonville to Pensacola in order to answer to the charges.

“Our law enforcement partnerships play such a vital role in fighting violent crime and protecting the public,” said Craig W. Saier, Special Agent in Charge of the ATF Tampa Field Division. “We will continue working jointly with our partners to make our communities safer”.

The case is being prosecuted by Assistant United States Attorneys David L. Goldberg and Jenna H. Callahan.  This case falls within the purview of the Project Safe Neighborhoods initiative, which brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to combat violent crime in the community.

If convicted, Cox faces up to 20 years’ imprisonment on the Hobbs Act robbery offense and up to life imprisonment for brandishing a firearm in commission of a crime of violence. Cox was previously convicted of a similar crime in the Middle District of Georgia in 2015.

An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.

The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General.  To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website.  For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Wetzel County man admits to drug charge

 WHEELING, WEST VIRGINIA – Derrick Adams, of New Martinsville, West Virginia, has admitted to a heroin charge, U.S. Attorney Bill Powell announced.

Adams, age 30, pled guilty to one count of “Aiding and Abetting the Distribution of Heroin.” Adams admitted to selling heroin in June 2019 in Wetzel County. 

Adams faces up to 20 years of incarceration and a fine of up to $1,000,000. 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 Shawn M. Adkins is prosecuting the case on behalf of the government. The West Virginia State Police investigated.

U.S. Magistrate Judge James P. Mazzone presided.

Woman Indicted And Arrested For Lying To An Agency Of The United States

 SAN JUAN, P.R. –On November 18, 2020, a federal grand jury in the District of Puerto Rico returned a one-count indictment charging Krystal Marie Rivera with false statements made to an agency of the United States, announced United States Attorney W. Stephen Muldrow. The FBI and the Puerto Rico Police Bureau were in charge of the investigation. Rivera was arrested today without incident.

According to the information contained in the indictment, on October 22, 2020, defendant Rivera willfully and knowingly made a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the executive branch of the Government of the United States, by stating to FBI task force officers, at the Police of Puerto Rico Robbery Division, in the District of Puerto Rico, that she had been kidnapped by several individuals. The statements and representations were false because, as Krystal Marie Rivera then and there knew, she had not been kidnapped, but was rather voluntarily spending time with an acquaintance.

“The U.S. Attorney’s Office will investigate and prosecute individuals that mislead and disrupt law enforcement operations by providing false information to law enforcement agents,” said U.S. Attorney Muldrow.

“Every time a kidnapping is reported, a sophisticated law enforcement system is set into motion. Countless agents, analysts, and other law enforcement personnel are deployed to immediate action to locate and recover the victim,” said FBI Special Agent in Charge Riviere. “Faking a kidnapping is no laughing matter. It is an irresponsible act, which costs law-abiding taxpayers a lot of money. The FBI will pursue the misuse of law enforcement power to its ultimate consequence.”

The case is being prosecuted by Assistant United States Attorney David T. Henek and the Chief of the Violent Crimes and National Security Unit, Assistant U.S. Attorney Jonathan Gottfried. If convicted, the defendant could face a maximum penalty of five years of imprisonment and a fine of not more than $250,000.00.

Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.

Takeoff Preps

 

Air Force Staff Sgt. Alexander Kelly removes chalks before launching a KC-135 Stratotanker at Al Udeid Air Base, Qatar, Nov. 18, 2020.

Sunday, November 22, 2020

Eagle Butte Woman Sentenced for Meth Trafficking

 United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Possession with Intent to Distribute Methamphetamine was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Kate Doreen Condon, age 44, was sentenced to 23 months in federal prison, followed by three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of $170.

Condon was indicted by a federal grand jury on January 14, 2020.  She pled guilty on August 24, 2020.

The conviction stemmed from an incident that occurred on July 1, 2019, wherein Condon knowingly and intentionally possessed with intent to distribute approximately 39 grams of methamphetamine in Eagle Butte.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Condon was immediately remanded to the custody of the U.S. Marshals Service.

Pierre Man Sentenced for Meth Trafficking

 United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Dustin Warnke, age 35, was sentenced to 174 months in federal prison, followed by five years of supervised release, a $1,000 fine, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a firearm.

Warnke was indicted by a federal grand jury on November 13, 2019.  He pled guilty on August 24, 2020.  

The conviction stemmed from a conspiracy beginning in at least March 2018, and continuing to November 2019, wherein Warnke was involved with several other individuals, including Andrew Bunch, Nicole Hopkins, Adam Tanner and Nathan Thoe (deceased), to distribute methamphetamine in central South Dakota. During the course of the conspiracy, these individuals made numerous trips to Minnesota and Colorado to obtain methamphetamine.   Firearms were routinely carried by Warnke, Bunch, and Thoe to protect their product.  Bunch was previously sentenced to 27 years in federal prison, Tanner was sentenced to 12 years in federal prison, and Hopkins was sentenced to 10 years in federal prison.

Drug trafficking is an inherently violent activity.  Firearms are tools of the trade for drug dealers.  It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Highway Patrol, South Dakota Division of Criminal Investigation, Pierre Police Department, Stanley County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Warnke was immediately remanded to the custody of the U.S. Marshals Service.

Friday, November 20, 2020

More than 60 Aryan Brotherhood Gang Members and Associates Arrested for Violent Crime, Firearms, Fraud, and Drug Trafficking

 FRESNO, Calif. — As part of a multi-agency operation, more than 60 individuals associated with the Aryan Brotherhood were arrested in California, Nevada and Montana on federal and state charges in connection with their gang activities, including violent crimes, illegal firearms trafficking and possession and drug trafficking.

The charges were announced today by U.S. Attorney McGregor W. Scott, California Attorney General Xavier Becerra, Fresno County District Attorney Lisa Smittcamp, Special Agent in Charge Patrick Gorman of the ATF’s San Francisco Field Office, Special Agent in Charge Sean Ragan of the FBI’s Sacramento Field Office, and Fresno County Sheriff Margaret Mims.

“For the second time in less than 18 months, we are announcing federal charges against Aryan Brotherhood members and associates, a violent gang operating in California prisons,” said U.S. Attorney Scott. “Yesterday, five inmates were transferred to federal custody from California state prisons. All were serving lengthy sentences, two were serving life sentences for murder. We are committed to doing everything we can to stop these violent inmates from orchestrating their criminal activities from inside prison walls.”

“This operation was an expansive multi-agency law enforcement investigation into the ongoing violent criminal activity conducted by the Aryan Brotherhood and associated gangs throughout the Fresno area and the nation,” said Special Agent in Charge Gorman. “ATF and our law enforcement partners knew that if we effectively and efficiently leveraged our resources and specialties that we would accomplish much more together than we could alone. From the outset, we had a clear plan and a sharp focus for running an investigation that would impact the community for the better. Thanks to a tremendous amount of great work on the street level, we have accomplished what we set out to do.”

“The FBI continues to work with our local, state, and federal law enforcement partners to ensure we all have safe neighborhoods for our families. Our collaborative investigation is a testament to the success of a multi-agency approach to identifying, disrupting, and dismantling criminal organizations,” said Special Agent in Charge Ragan. “In addition to the significant efforts of our partners, FBI agents, deputized task force officers, intelligence analysts, and support personnel alone have committed more than 6,000 hours of work to the success of this operation since August 2019.”

Earlier this year, investigators began seeing evidence that Aryan Brotherhood (AB) members and associates in prison were directing criminal activities outside of the prison walls. The AB is gang formed in the California prison system in about 1964 by white inmates who wanted to gain power and authority in prison. It includes other associated gangs, such as Fresnecks, Peckerwoods, and Skinheads.

During the course of the investigation, robberies, murders, drug trafficking, pervasive fraud, and firearms offenses occurring in Fresno, San Bernardino, Santa Barbara, Inyo, and other areas in California, were tied to the AB prison gang. Eventually, the investigation reached as far as Montana, Missouri, Idaho, and Alabama. Eleven acts of violence were intercepted before they were accomplished, and over 80 pounds of methamphetamine, 5 pounds of heroin, and over 25 firearms were seized.

According to the federal complaint, a network of defendants engaged in a series of firearms and drug trafficking offenses, mostly led by defendants Robert Eversole, Kenneth Bash, and Todd Morgan. The drug offenses involved pound quantities of methamphetamine, and the trafficking extended outside of California. Additionally, several defendants participated in a conspiracy to smuggle drugs and dangerous contraband into prisons. The complaint also alleges illegal firearms possession related to a plan to commit a murder. The complaint charges the following defendants:

1)         Kenneth Bash, aka “Bash” of Salinas Valley State Prison (drug trafficking)

2)         Robert Eversole, aka “Rage,” of Kern Valley State Prison (firearms and drug trafficking)

3)         Stephanie Madsen of Torrance (drug trafficking)

4)         Todd Morgan, aka “Fox,” of Salinas Valley State Prison (drug trafficking)

5)         David Zachocki, aka “Lil David Z,” of Lodi (felon in possession of a firearm)

6)         Cody Brown of Atascadero (drug trafficking)

7)         Regina Broomall, aka “G,” of Santa Maria (firearms trafficking)

8)         Geoffrey Guess, aka “Active,” of Fresno (firearms trafficking)

9)         Angel Lopez, aka “Rascal,” of Salinas Valley State Prison (drug trafficking)

10)       Joseph McWilliams, aka “Janky,” (drug trafficking, felon in possession of a firearm, possession of a firearm in furtherance of a drug trafficking offense)

11)       James Armstrong (drug trafficking)

12)       Marlon Palmer, aka “P-Nut,” of Salinas Valley State Prison (drug trafficking)

13)       Samantha Booth of Clovis (drug trafficking)

14)       Jacob Renshaw, aka “Shredder,” in custody in Montana (drug trafficking)

15)       Amanda Gourley, aka “Biggie,” of Fresno (drug trafficking)

The Fresno County District Attorney’s office has charged more than 30 people in connection with this investigation for gang conspiracy, fraud and violent crimes including kidnapping, carjacking, assault with a firearm and arson.

As part of this operation, 39 federal and state search warrants were served in Fresno, Santa Maria, Los Angeles, and Montana. Multiple guns, and over 7 pounds of methamphetamine, prescription pills and heroin were found and seized as a result of these searches. Additionally, California Department of Corrections and Rehabilitation conducted searches of 63 cells in 14 state prisons in California related to this investigation. Among the items seized in the prisons were cellphones and drugs.

This investigation was conducted by the California Department of Justice and California Highway Patrol Special Operations Unit, the Multi-Agency Gang Enforcement Consortium (MAGEC), the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Fresno County District Attorney’s Office, the Fresno County Sheriff’s Office, the Fresno Police Department, and the California Department of Corrections and Rehabilitation Special Services Unit (SSU).

Assisting in the arrests were the U.S. Marshals Service, the Bishop Police Department, and the Clovis Police Department. Assistant U.S. Attorneys Stephanie Stokman and Thomas Newman, and Fresno County Deputy District Attorneys Robert Veneman-Hughes and Dennis Lewis are handling the prosecutions.

The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Federal Jury Convicts Lady Lake Man Of Possessing Child Pornography

 Ocala, Florida – A federal jury has found Terry George Zimmerman (73, Lady Lake) guilty of possession of child pornography. He faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for April 23, 2021.

Zimmerman was originally indicted on December 11, 2019. A superseding indictment followed on February 26, 2020.

According to testimony and evidence presented at trial, the Lady Lake Police Department executed a search warrant at Zimmerman’s residence and seized several electronic devices containing materials involving the sexual exploitation of young children. Agents from Homeland Security Investigations recovered more than 2,395 images and 309 video files depicting children who were being sexually assaulted and exploited from two computers and twelve USB drives that Zimmerman had kept in his living room and bedroom. 

Zimmerman had previously been convicted of this same child sexual exploitation offense on June 19, 1995, in New York. As a result, he faces a minimum mandatory sentence of 10 years for this latest conviction.

This case was investigated by Homeland Security Investigations, the Lady Lake Police Department, and the Ocala Police Department. It was prosecuted by Assistant United States Attorneys Michael P. Felicetta and Tyrie K. Boyer.

This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Firebomb Attack Plotters Sentenced to Combined Over 23 Years in Prison

 ALEXANDRIA, Va. – A Maryland Darknet vendor and a Nebraska pharmacist were sentenced today to a combined over 23 years in prison for their respective roles in conspiracy to use explosives to firebomb and destroy a competitor pharmacy.

According to court documents, William Anderson Burgamy IV, 33, of Hanover, Maryland, told co-conspirator, Hyrum T. Wilson, 41, of Auburn, Nebraska, that he would never surrender to law enforcement, that if anyone showed up during the attack, he would “blast [his] [expletive] way out,” and that he would shoot bullets at anyone who attempted to confront or apprehend him, including the owner of the victim pharmacy. Prior to Burgamy’s arrest in April 2020, which uncovered and thwarted the firebombing plot, Burgamy and Wilson fully intended on the attack occurring after COVID-19 restrictions were lifted.

From August 2019 through April 2020, Wilson illegally mailed over 19,000 dosage units of prescription medications, including opioids, from his pharmacy in Nebraska to Burgamy’s residence in Maryland. Burgamy illegally sold prescription drugs through his Darknet vendor account to customers nationwide, including here in the Eastern District of Virginia, and claimed at one point that he made nearly $1 million total. Burgamy and Wilson laundered the proceeds of their scheme using Bitcoin cryptocurrency payments, wire transfers, and bundles of cash sent through the mail.

Given the profitability of the Darknet scheme, Wilson repeatedly hit limits, set by his distributor, on the amount of prescription drugs that he could obtain and provide to Burgamy. Consequently, Burgamy and Wilson developed an attack plot known as “Operation Firewood” to break into, steal the opiate supply of, and firebomb a competing pharmacy located in Auburn by using explosives. The goal of the attack plot was to destroy Wilson’s local competition, which Burgamy and Wilson believed would increase the volume of prescription drugs that Wilson’s pharmacy could obtain, thereby allowing Burgamy and Wilson’s drug trafficking operation to continue and expand.

Wilson created a “getaway” map and escape routes for Burgamy to use to help him evade law enforcement detection after the firebombing. Wilson instructed Burgamy to make the firebombing appear as though it was committed by a fictitious “pissed off husband” who learned about a fabricated affair involving the husband’s wife and a pharmacist from the victim pharmacy. Burgamy and Wilson also discussed obtaining and selling hydroxychloroquine and chloroquine for illegal distribution purposes in order to further profit from the ongoing COVID-19 pandemic.

Burgamy assured Wilson that if anything happened to him, he would take care of Wilson’s “family and bills,” and Wilson agreed to safeguard Burgamy’s life insurance information in the event Burgamy was killed during the attack. Burgamy and Wilson also agreed that Burgamy and another individual would carry multiple firearms during the attack and use explosives, specifically Molotov cocktails enhanced with Styrofoam as a thickening agent, to burn the victim pharmacy down. Law enforcement located eight unsecured fully loaded firearms in Burgamy’s residence, including AR-15 assault rifles and numerous high capacity magazines.

Burgamy and Wilson were sentenced to 168 months and 112 months in prison respectively. 

This prosecution was part of an international enforcement operation targeting opioid traffickers on the Darknet. Operation DisrupTor, announced on September 22, was conducted across the United States and Europe and resulted in over 170 arrests worldwide, the seizure of weapons, drugs, and over $6.5 million.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge of the FBI's Washington Field Office Criminal Division; Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations, Metro Washington Field Office; and Jesse R. Fong, Special Agent in Charge for the DEA’s Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis III.

First Assistant U.S. Attorney Raj Parekh prosecuted both cases.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-150 and Case No. 1:20-cr-151.