Friday, October 08, 2021

ATF Offers $10K Reward for Information in Richmond Homicide

 Total Possible Reward up to $12k

RICHMOND, Va. — The Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division announced today a reward of up to $10,000 for information that leads to an arrest and conviction in the shooting death of 20-year-old Terrence Easter.

This is in addition to the reward of up to a $1,000 reward offered by Crime Stoppers, bringing the total to a possible reward up to $12,000.

On Aug. 21, Richmond Police Department officers responded to the 1300 block of Coalter Street for the report of a shooting. Officers arrived and located Easter with fatal gunshot wounds.

“This is a terrible and unacceptable act of gun violence that took the life of a young man with his whole life ahead of him. Our deepest sympathies go to the family of Terrance Easter,” said ATF Washington Field Division Special Agent in Charge Charlie J. Patterson. “ATF will continue to offer our investigative resources as we collaborate with our local, state and federal partners to disrupt the cycle of criminal acquisition and the misuse of firearms. We will continue to call upon all community members to provide any information that will assist us in locating and holding all involved accountable for this senseless crime.”

Easter’s family is also offering a reward up to $1,000.

Anyone with information about this crime should contact ATF at 888 -ATF-TIPS (888-283-8477). Information can also be sent to ATFTips@atf.gov, through ATF’s website at www.atf.gov/contact/atftips. Tips can be submitted anonymously using the Reportit® app, available from both Google Play and the Apple App store, or by visiting www.reportit.com. Tips can also be submitted anonymously by calling RPD Major Crimes Detective Sleem at (804) 814-7123 or Crime Solvers at (804)780-1000.

ATF is the lead federal law enforcement agency with jurisdiction involving firearms and violent crimes and regulates the firearm industry. More information about ATF and its programs is available at www.atf.gov. Follow @ATFWashington on Twitter for more news about ATF’s work in Washington. D.C., Virginia and West Virginia.

Federal Officials Close Review of the Officer-Involved Shooting of Jacob Blake

 The Justice Department announced today that it will not pursue federal criminal civil rights charges against a Kenosha Police Department (KPD) officer for his involvement in the Aug. 23, 2020, shooting of 30-year-old Jacob Blake.

Officials from the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Wisconsin informed representatives of the Blake family of this determination. The department makes this decision because the evidence obtained is insufficient to prove that the KPD officer willfully used excessive force.

A team of experienced federal prosecutors from the Civil Rights Division and the U.S. Attorney’s Office reviewed evidence obtained by the FBI and state investigators to determine whether the police officer violated any federal laws, focusing on the application of deprivation of rights under color of law, a federal criminal civil rights statute that prohibits certain types of official misconduct. They conducted a detailed and lengthy analysis of numerous materials, including police reports, law enforcement accounts, witness statements, affidavits of witnesses, dispatch logs, physical evidence reports, photographs and videos of some portions of the incident. 

Under the applicable federal criminal civil rights laws, prosecutors must establish, beyond a reasonable doubt, that an officer “willfully” deprived an individual of a constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by the law. Neither accident, mistake, fear, negligence, nor bad judgment is sufficient to establish a willful federal criminal civil rights violation.

After a careful and thorough review, a team of experienced federal prosecutors determined that insufficient evidence exists to prove beyond a reasonable doubt that the KPD officer willfully violated the federal criminal civil rights statutes. Accordingly, the review of this incident has been closed without a federal prosecution.

Thursday, October 07, 2021

Eden Prairie Felon Sentenced to 10 Years in Prison in Firearms Straw Purchasing Conspiracy

 Defendant was also in possession of a sawed-off shotgun

MINNEAPOLIS – An Eden Prairie man was sentenced today to 120 months in prison followed by three years of supervised release for illegally possessing straw purchased firearms and possessing an unregistered firearm.

“Today’s sentencing reaffirms our office’s commitment to reducing gun violence and prosecuting violent offenders who put public safety at risk,” said Acting United States Attorney W. Anders Folk.

According to court documents, between June 15, 2020, and October 28, 2020, Damien Lashaun Nelson, 32, conspired with three women to illegally buy multiple firearms that he was prohibited from possessing because he is a convicted felon. One of the straw buyers, Melissa Hallich, 48, of Brooklyn Park, pleaded guilty to buying four guns on behalf of Nelson, including a Taurus .40 caliber semi-automatic pistol, a Smith & Wesson .38 caliber revolver, and two Sccy 9mm semi-automatic pistols. Hallich lied on the required ATF Forms 4473, stating that she was the actual purchaser of the guns when, in reality, Nelson gave her money and directed her to buy the guns. On October 22, 2020, Nelson also possessed a loaded Western Field, Model 30, 12-gauge sawed-off shotgun. Because he has multiple prior felony convictions in Dakota, Scott, and Hennepin Counties, Nelson is prohibited from possessing firearms or ammunition at any time.

Nelson pleaded guilty on December 29, 2020, to one count of conspiracy and one count of possession of an unregistered firearm. Hallich, who pleaded guilty on June 21, 2021, is scheduled to be sentenced on November 17, 2021.

Acting U.S. Attorney W. Anders Folk for the District of Minnesota made the announcement after U.S. District Judge Ann D. Montgomery sentenced the defendant.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Minnesota Bureau of Criminal Apprehension Human Trafficking Task Force, the Burnsville Police Department, and the Eden Prairie Police Department, with assistance from the Dakota County Attorney’s Office.

This case is being prosecuted by Assistant U.S. Attorney Benjamin Bejar.

Arizona Man Sentenced to 60 Months in Prison for Role in Methamphetamine Distribution Ring

 ST. PAUL, Minn. – An Arizona man was sentenced today to 60 months in prison followed by three years of supervised release for aiding and abetting possession with the intent to distribute methamphetamine.

According to court documents, in February of 2021, Francisco Leon, 31, was one of three occupants staying at a hotel room in South St. Paul. While executing a search warrant for the room, law enforcement discovered two separate bags above the rented room’s bathroom ceiling tiles. Inside the two bags were several clear plastic baggies that contained approximately 14 pounds of methamphetamine. Law enforcement also seized a wire transfer receipt and seven cell phones from the hotel room. On May 20, 2021, Leon pleaded guilty to one count of aiding and abetting possession with the intent to distribute methamphetamine.

Acting U.S. Attorney W. Anders Folk for the District of Minnesota made the announcement after U.S. District Judge Nancy E. Brasel sentenced the defendant.

This case is the result of an investigation conducted by the Drug Enforcement Administration, the Dakota County Drug and Violent Crimes Task Force and the Utah State Highway Patrol.

This case was prosecuted by Assistant U.S. Attorney Allen A. Slaughter, Jr.

Eau Claire Man Sentenced to 8 Years for Trafficking Methamphetamine

 MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Kevin J. Bell, 41, Eau Claire, Wisconsin was sentenced today by U.S. District Judge William M. Conley to 8 years in federal prison for distributing 50 grams or more of methamphetamine.   This term of prison will be followed by 4 years of supervised release.  Bell pleaded guilty to this charge on July 14, 2021.

On October 16, 2020, West Central Drug Task Force officers purchased over 53 grams of methamphetamine from Bell through a confidential informant in Eau Claire. 

On December 1, 2020, officers again purchased methamphetamine, this time roughly 13 grams, from Bell through a confidential informant in Eau Claire.

At the time of these incidents, Bell was on state supervision for four separate prior cases related to trafficking methamphetamine.  His supervision in those cases was revoked and he is currently serving a state prison sentence with an expected release date of March 4, 2027.  Judge Conley ordered this federal sentence to run concurrently with the state prison sentence.

In imposing the sentencing, Judge Conley highlighted Bell’s lengthy criminal history and continued involvement in drug trafficking, saying it was unacceptable and merited a significant sentence.  Judge Conley noted that Bell’s history of selling drugs contributed to other addicts’ downfalls. 

The charge against Bell was the result of an investigation conducted by the West Central Drug Task Force, Buffalo, Chippewa, Clark, and Eau Claire County Sheriffs’ Departments, Eau Claire Police Department, and Drug Enforcement Administration.  The Eau Claire County District Attorney’s Office also provided assistance in this case.  Assistant U.S. Attorney Steven P. Anderson prosecuted this case. 

Three Former NYPD Police Officers Plead Guilty to Bribery Scheme

 Retired Officer Also Pleads Guilty to Attempted Heroin Distribution

Earlier today, in federal court in Brooklyn, Robert Hassett, a former New York City Police Department (“NYPD”) officer, pleaded guilty to conspiring to participate in a scheme to sell the personal information of automobile accident victims in exchange for bribes (the “Victim Database Scheme”).  Hassett also admitted that he participated in a scheme to steer vehicles damaged in automobile accidents to a tow truck company in contravention of NYPD’s Direct Accident Response Program (“DARP”) in exchange for bribes (the “Tow Truck Scheme”).

 On August 5, 2021, former NYPD officer Heather Busch pleaded guilty to accepting bribes in connection with her participation in the Tow Truck Scheme.  On October 6, 2021, a third defendant, retired NYPD officer Robert Smith, pleaded guilty to accepting bribes in connection with his participation in the Tow Truck Scheme; Smith also pleaded guilty to attempted distribution of at least one kilogram of heroin.  As part of his plea, Smith also admitted that he participated with Hassett in the Victim Database Scheme.  At the time that they participated in the Tow Truck Scheme and the Victim Database Scheme, the defendants were NYPD officers assigned to the 105th Precinct in Queens, New York. 

Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, NYPD, announced the guilty pleas.

“The defendants’ guilty pleas to accepting bribes are also acknowledgements that they abused the public trust and dishonored the NYPD by their actions,” stated Acting United States Attorney Kasulis.  “This Office will continue working closely with our law enforcement partners to identify and prosecute corrupt police officers.”

According to court filings and facts presented at the plea proceeding, between 2016 and 2017, Hassett and Smith received thousands of dollars of bribe payments in exchange for referring business to a towing company, contrary to DARP.  Smith resumed the corrupt scheme without Hassett in late 2019 and when Smith retired from the NYPD in March 2020, Smith enlisted Busch to take his place in the scheme.   

In early 2020, Smith and Hassett also sold the names and contact information of automobile accident victims whose accidents occurred within the confines of the 105th Precinct for thousands of dollars in bribe payments, ostensibly so that the purchaser could resell that personal information to physical therapy businesses and personal injury lawyers who would contact the automobile accident victims as prospective customers. 

After Smith’s retirement in March 2020, he also agreed to transport what he believed to be one kilogram of heroin for a drug trafficking organization.

Since their arrests in May 2021, Busch and Hassett have resigned from the NYPD.

When sentenced, Smith faces up to 25 years in prison, while Hassett and Busch each face up to five years in prison.  As part of their respective pleas, Smith has agreed to forfeit $20,000, Hassett has agreed to forfeit $10,000 and Busch has agreed to forfeit $6,000.

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorneys Ryan C. Harris and Nicholas J. Moscow are in charge of the prosecution.

The Defendants:

HEATHER BUSCH
Age:  34
Massapequa, New York

ROBERT HASSETT
Age:  36
Farmingville, New York

ROBERT SMITH
Age:  44
Plainview, New York

E.D.N.Y. Docket No. 21-CR-254 (RPK)

Long Island MS-13 Gang Member Pleads Guilty to 2016 Murder in Brentwood

 Victim Was Attacked With Machetes and a Baseball Bat on a Residential Street

Earlier today, in federal court in Central Islip, Ever Flores, a member of the Sailors Locos Salvatruchas Westside (Sailors) clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, pleaded guilty to racketeering charges relating to his participation in the murder of Dewann Stacks and a conspiracy to distribute cocaine and marijuana.  The proceeding was held before United States Circuit Judge Joseph F. Bianco.  

Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Stuart Cameron, Acting Commissioner, Suffolk County Police Department (SCPD), announced the guilty plea.

“Today’s guilty plea makes clear that the defendant, an MS-13 gang member who admittedly hunted on residential streets in Long Island in order to kill, actively participated in the butchering and beating death of the victim until he was almost unrecognizable,” stated Acting U.S. Attorney Kasulis.  “This Office and the Long Island Gang Task Force have vowed to end these horrific killings and dismantle the MS-13.” 

“This case is a grim reminder of just how vicious MS-13 can be,” stated SCPD Acting Commissioner Cameron. “This victim was sought out like prey and killed in an act of savagery illustrating the danger this street gang poses. Today, there is one less murderer and drug dealer to plague the streets of Suffolk County, and I commend the U.S. Attorney’s Office for the Eastern District of New York and our law enforcement partners for their continued dedication to bringing individuals like Ever Flores to justice.”

According to prior court filings and Flores’s statements during the plea proceeding, on October 13, 2016, Flores and other MS-13 co-conspirators drove around the streets of Central Islip and Brentwood hunting for rival gang members to attack and kill.  They located Stacks on American Boulevard, a residential street in Brentwood and, believing him to be a rival gang member, decided to kill him.  Flores, wielding a machete, and two other MS-13 members, one armed with a machete and the other a baseball bat, attacked the victim, beating and hacking him to death.  The victim sustained severe sharp and blunt force trauma to the face and head, leaving him nearly unrecognizable.       

In addition, Flores also pleaded guilty to participating in a drug conspiracy, admitting that between April 2016 and October 2017, he and other members of the Sailors clique conspired to distribute cocaine and marijuana to raise money for the MS-13.

Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent, transnational criminal organization.  The MS-13’s leadership is based in El Salvador, Honduras, Guatemala and Mexico, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America.  With numerous branches, or “cliques,” the MS-13 is the most violent criminal organization on Long Island.  Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York.  A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults.  Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 60 murders in the Eastern District of New York and has convicted dozens of MS-13 leaders and members in connection with those murders.  These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, which is comprised of agents and officers of the FBI, SCPD, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation Office, Suffolk County Sheriff’s Office, the New York State Police, the Hempstead Police Department, the Rockville Centre Police Department and the New York State Department of Corrections and Community Supervision. 

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys John J. Durham, Paul G. Scotti, Justina L. Geraci and Megan E. Farrell are in charge of the prosecution.

The Defendant:

EVER FLORES (also known as “Negro” and “Grone”)
Age: 29
Brentwood, New York

E.D.N.Y. Docket No. 16-CR-403 (S-7)(JFB)

Ute Mountain Ute Tribal Member Sentenced to 20 Years in Federal Prison for Sex Crimes against Children

 DURANGO – The U.S. Attorney’s Office for the District of Colorado announces that Blair Root House, age 63, of Towaoc, Colorado, was sentenced to twenty years in federal prison for one count of aggravated sexual abuse and one count of sexual abuse against two different children below the age of 12.  The offenses occurred while the children were in his care at his home in Towaoc, Colorado. 

“Sexual offenses against children create harms that last a lifetime,” said Acting United States Attorney Matt Kirsch.  “While we can’t undo the harm and pain of these crimes, we have ensured that Mr. House will harm no more children while he is in federal prison.”

“The FBI and our partners work diligently to investigate and bring to justice individuals engaged in the exploitation and sexual abuse of minors. This 20-year sentence rightly holds Mr. House accountable for his actions while bringing a greater measure of security to the community,” said FBI Denver Special Agent in Charge Michael Schneider. “The FBI is grateful to our partners at the U.S. Attorney's Office for their efforts in this case and our shared commitment to protecting children.”

United States District Court Judge Robert E. Blackburn sentenced Blair Root House on October 5, 2021, for one count of Aggravated Sexual Abuse by Force in Indian Country and one count of Abusive Sexual Contact of a Child in Indian County.  The crimes took place between January 1, 2006, and December 31, 2008.

The Federal Bureau of Investigation conducted the investigation.  Assistant United States Attorney R. Josh Player handled the prosecution of the case.

Drug Traffickers Sentenced To 20 Years Combined In Federal Prison For Drug Possession

 FORT SMITH, Ark. – A Marshalltown IA, women and a Greenville MS, man were sentenced to 20 years combined in prison followed by five years each of supervised release on one count of Possession with Intent to Distribute Methamphetamine. The Honorable Judge P.K Holmes, III presided over the sentencing hearings in the United States District Court in Fort smith.

According to court documents, on March 13, 2021, an Arkansas State Police Trooper conducted a traffic stop on a vehicle operated by Kyla Nicole Forbes, age 47, for a traffic violation.  The vehicle was also occupied by a front seat passenger named Malcolm Dewayne Alexander, age 46. After asking and being denied consent to search the vehicle, a second Trooper arrived with his K9 partner. That Trooper utilized his K9 partner to conduct a sniff of the air around the vehicle. The K9 alerted to the presence of narcotics being in the vehicle. During a search of the vehicle 10 bundles of methamphetamine weighing a total of 6.3 kilograms were located inside a black duffle bag that was placed in the trunk. Also located inside the vehicle was a glass pipe used to smoke meth in Forbes purse and an open syringe in the center console.

Alexander was sentenced on September 16, 2021 to 120 months in prison followed by five years of supervised release. Forbes was sentenced on October 6, 2021 to 120 months in prison followed by five years of supervised release.

Cleveland Man Pleads Guilty to Possession of Child Pornography

 A Cleveland, Oklahoma, man pleaded guilty and was sentenced Wednesday in federal court for possessing more than 1,000 images and videos of child pornography, announced Acting U.S. Attorney Clint Johnson.

U.S. District Judge Gregory K. Frizzell sentenced Ryan Daniel McNabb, 24, to 84 months in federal prison followed by 10 years of supervised release for possession of child pornography. Judge Frizzell further ordered McNabb to pay $30,000 in restitution to 10 identified victims that were abused in the making of the child sexual abuse material.

 “The law enforcement community doggedly pursues justice for victims who have been sexually exploited first by their abuser and then by those who trade and view images of the abuse,” said Acting U.S. Attorney Clint Johnson. “Individuals, like Ryan McNabb, who access and view child sexual abuse material will be prosecuted, and their criminal behavior will not be tolerated.”

“HSI will leverage all resources at our disposal to arrest those who prey on innocent children,” said Christopher M. Miller, Deputy Special Agent in Charge Homeland Security Investigations Dallas. “Working alongside our law enforcement partners and NGOs, we will always apply a victim-centered approach throughout our investigations, and will be relentless in our pursuit of the predators who exploit our most vulnerable through child sexual abuse material. ”

McNabb admitted in his plea agreement that on March 18, 2021, he knowingly accessed with intent to view depictions of minors engaging in sexually explicit conduct. Federal agents ultimately found 997 images and 96 videos of child pornography on his electronic devices.

According to court documents, the investigation into McNabb’s criminal acts began when NCMEC sent law enforcement 20 CyberTipline reports indicating that an IP address associated with McNabb was used to upload child pornography.

During the execution of search and seizure warrants related to the case, McNabb admitted to downloading child pornography at his previous home in Broken Arrow. He also told agents that child pornography was still on his cell phone.

U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Broken Arrow Police Department conducted the investigation. Assistant U.S. Attorney Christopher J. Nassar is prosecuting the case.

South Florida Resident Guilty of Threatening to Kill Derek Chauvin’s Lawyer

 Miami, Florida – A 42-year-old Coral Gables, Florida man pled guilty yesterday in federal district court to threatening the defense attorney of Derek Chauvin, the former Minneapolis police officer convicted earlier this year of murdering George Floyd.

During yesterday’s hearing before U.S. District Judge Donald L. Graham, William John Hartnett admitted that on April 6, from his location in Miami, he called the Minnesota Police and Peace Officers Association (“MPPOA”) in St. Paul, an organization that funded Chauvin’s defense.  Hartnett left an 18-second message on MPPOA’s voicemail in which he threatened to kill Eric Nelson, Chauvin’s defense lawyer.  In his message, Hartnett yelled: “Hey you and your whole f------ family are going to f------ die, you motherf-----, for representing Chauvin, a f------ murderer.  Now, you all are going to f------ die a worse death than Floyd, you motherf-----.  All of you piece of s----.”    

Hartnett pled guilty to one count of transmitting a threat through interstate communications. Judge Graham, who sits in Miami, will sentence Hartnett on December 15.  He faces a maximum statutory sentence of five years in prison.

Juan Antonio Gonzalez, Acting U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI Miami, announced the guilty plea.

FBI Miami investigated the case, with assistance from the MPPOA.  Assistant U.S. Attorney Hayden P. O’Byrne is prosecuting the case.

Toledo Man Charged with Escape from Custody

 Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned an indictment charging Jermell Toney, 35, of Toledo with one count of escape. 

According to court records, on September 17, 2021, the Defendant is accused of failing to report to a re-entry program required to complete the service of a 13-month federal prison sentence imposed for violation of supervised release.  The Defendant surrendered himself to the United States Marshals Service on September 28,2021.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal records, if any, the Defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum, and, in most cases, it will be less than the maximum.

The investigation was conducted by United States Marshals Service.  This case is being prosecuted by Assistant United States Attorney Deyana Unis.

Two Canonsburg Residents Indicted on Fentanyl Possession and Distribution Charges

 PITTSBURGH, PA – Two residents of Canonsburg, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotic laws, Acting United States Attorney Stephen R. Kaufman announced today.

The six-count Indictment, returned on Sept. 21, 2021, and unsealed yesterday following their arrests, named Troy Terrell, age 32, and Angel Barton, age 36, as the defendants.

According to the Indictment, from in and around April 2020 and continuing thereafter until in and around June 2020, Terrell and Barton possessed and distributed fentanyl.

The law provides for a maximum total sentence of 20 years, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendants.

Assistant United States Attorney Benjamin J. Risacher is prosecuting this case on behalf of the government.

The Drug Enforcement Administration and the Canonsburg Police Department conducted the investigation leading to the Indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Fayetteville Drug Trafficker Receives 7½ Years in Federal Prison

 GREENVILLE, N.C. – Miguel Marquis Hutchinson, 35, of Fayetteville, North Carolina, was sentenced yesterday to 90 months in prison for possession of a firearm by a convicted felon, possession with intent to distribute marijuana and possession of a firearm in furtherance of a drug trafficking crime. 

According to court records, evidence presented in court and other court documents, on February 3, 2019, Hutchinson, during an encounter with Fayetteville police officers, gave a false name to the officers and made a suspicious movement with his arm as he exited the car. 

During the encounter at the car, officers smelled the odor of marijuana and conducted a search of the car which resulted in locating 19.33 grams of marijuana inside the center console, baggies, and a digital scale.  A loaded 9mm Taurus pistol was also located positioned and ready for use under the driver’s seat on the right side pinned against the center console. 

Ten months later, while on state pre-trial release for this offense, Hutchinson was a passenger in a vehicle occupied by two others and was stopped for speeding on Fort Bragg.  Military Police Officers located 3 firearms in the vehicle including an AK-47 assault rifle with an extended magazine and over $16,000 in cash at Hutchinson’s feet.   

Hutchinson was previously convicted of second-degree murder in North Carolina state court in 2006 in Cumberland County, North Carolina and had just been released from custody two years prior. 

G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Terrence W. Boyle. Homeland Security Investigations, the Fayetteville Police Department and the Fort Bragg Military Police Traffic Unit investigated the case and Assistant U.S. Attorney Gabriel J. Diaz prosecuted the case.

Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No.5:19-CR-523-BO.

Three Michigan Men Named in Superseding Indictment Alleging Drug Crimes

 PITTSBURGH, PA – Three residents of Detroit, Michigan and one of Ambridge, Pennsylvania have been indicted by superseding indictment before a federal grand jury in Pittsburgh on charges of violating federal drug trafficking laws, Acting United States Attorney Stephen R. Kaufman announced today.

The seven-count Superseding Indictment, returned on October 5, 2021, named Dvonte Amos, age 21, Darryl Junior Ballard, age 26, and Andrew Brent Steel, age 30, as defendants.

This Superseding Indictments comes after the four defendants were indicted on July 20, 2021. According to the Superseding Indictment, from in and around May 2020, and continuing thereafter to in and around April 2021, the defendants conspired to distribute and possessed with intent to distribute 400 grams or more of a mixture and substance containing a detectable amount of fentanyl, 100 grams or more of a mixture and substance containing a detectable amount of acetyl fentanyl, 100 grams or more of a mixture containing heroin, and 28 grams or more of cocaine base, The Superseding Indictment further alleged that Ballard, Steel, and Wilson distributed controlled substances and that Amos and Wilson possessed with intent to distribute controlled substances at various times during the conspiracy.

The law provides for a maximum total sentence of life imprisonment with a mandatory minimum of ten years, a fine of $20,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.

The Drug Enforcement Administration, Pennsylvania Office of Attorney General, Pennsylvania State Police, Beaver County Drug Task Force and Ambridge Police Department conducted the investigation leading to the Superseding Indictment in this case.

A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Tioga County Man Sentenced for Failing to Register E-mail Accounts

 SYRACUSE, NEW YORK - Paul Wyak, age 49, of Spencer, New York, was sentenced yesterday to serve 21 months in prison, to be followed by 10 years of supervised release, for failing to register and update his registration as a sex offender.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and David L. McNulty, United States Marshal for the Northern District of New York

In addition to the term of imprisonment for failing to update his sex offender registration, Wyak was sentenced to a 14-month consecutive term of imprisonment for violating the conditions of his supervised release by committing new criminal conduct, failing to answer truthfully questions from his probation officer, having unapproved contact with a victim of a prior offense, and possessing an undisclosed internet capable device.

As part of his previously entered plea agreement, Wyak admitted that in 2008 he was convicted in the United States District Court for the Northern District of New York of distribution of child pornography. That conviction required Wyak to register as a sex offender for 25 years, and to keep that registration current with personal identifying information, including email accounts. Wyak admitted that although he maintained registration as a sex offender in the State of New York, he did not register at least one email account that he created despite knowing he has a continuing obligation under the law to do so.

This case was investigated by the United States Marshals Service Sex Offender Investigation Branch with assistance from the United States Probation Office for the Northern District of New York, and was prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle

This case was prosecuted as part of 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 http://www.justice.gov/psc/.

Lil’ Rob gets significant sentence in federal firearms and drug trafficking case

 CORPUS CHRISTI, Texas – A 36-year-old Corpus Christi gang member with a lengthy criminal history has been ordered to federal prison following his conviction of firearms and drug trafficking offenses, announced Acting U.S. Attorney Jennifer B. Lowery.

A federal jury convicted Robert Loya aka Lil’ Rob May 20 for possession with intent to distribute meth and possession of a pistol and a stolen .50 caliber long-range rifle following a two-day trial and approximately 45 minutes of deliberation. He is a convicted felon and ranking member of the Texas “Mexikan” Mafia.

Today, U.S. District Judge Drew B. Tipton handed Loya a total sentence of 360 months in federal prison to be immediately followed by five years of supervised release. At the hearing, the court heard that Loya had continued his drug trafficking activities, even after his arrest, by directing a female accomplice to smuggle narcotics into the facility where he was incarcerated.  

Authorities obtained information through an unrelated investigation in Laredo that led to the execution of a search warrant at Loya’s residence Feb. 21, 2020. At that time, law enforcement seized two firearms, assorted ammunition and over seven kilograms of meth. The jury also heard that Loya was on federal supervised release for a previous firearms conviction at the time of the search. However, he had not provided his supervision officer with his actual address, falsely claiming to live with his parents next door.

After the search, Loya fled the area and remained a fugitive for almost three months before his arrest May 13, 2020, in Corpus Christi near his girlfriend’s home.

He has been in custody since that time where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; Immigration and Customs Enforcement’s Homeland Security Investigations and the FBI conducted the investigation with the assistance of the Texas Department of Public Safety and the Corpus Christi Police Department. Assistant U.S. Attorneys Molly K. Smith and Brittany L. Jensen prosecuted the case.

Cedar Rapids Man Convicted of Attempted Enticement of a Minor and Traveling with Intent to Engage in Illicit Sexual Conduct

 PEORIA, Ill. – A federal jury deliberated for just under 90 minutes before returning a guilty verdict against Joseph Allen Wilcher, 40, of the 1800 block of Western Drive SW in Cedar Rapids, Iowa, on October 6, 2021, for one count of attempted enticement of a minor and one count of traveling with the intent to engage in illicit sexual conduct. Sentencing for Wilcher has been scheduled for February 3, 2022, before U.S. District Judge James E. Shadid at the federal courthouse in Peoria, Illinois.

Over two days of testimony this week, the government presented evidence to establish that Wilcher arranged to meet an individual he believed to be a 15-year-old minor for sexual activity on the dating application MeetMe. Further evidence showed that Wilcher ultimately traveled from Cedar Rapids to Rock Island, Illinois, to meet the individual and engage in illicit sexual conduct.

Wilcher faces statutory penalties of 10 years to life imprisonment for the attempted enticement of a minor charge and up to 30 years imprisonment for the traveling to engage in illicit sexual conduct charge. Following the jury’s verdict, Wilcher was taken into the custody of the U.S. Marshals.

“This guilty verdict shows both the ongoing threat to our children and that law enforcement and prosecutors are working together to combat the threat,” said Acting U.S. Attorney Doug Quivey. “We will all collectively continue to work together to protect our children.”

“Children can be easily lured into the clutches of those who wish to betray and exploit them online, said David Nanz, Special Agent in Charge of the Federal Bureau of Investigation, Springfield Division. “The FBI is committed to flushing out sexual predators with a sense of urgency to ensure the safety and well-being of our children. If you suspect someone is having inappropriate contact with a minor, report it to law enforcement immediately.”

Wilcher was arrested in November of 2020 as part of a Federal Bureau of Investigation, Springfield Division, operation conducted in Rock Island, Illinois. The operation was conducted with the assistance of the Rock Island Police Department, the Macomb Police Department, the Illinois State Police, the East Moline Police Department, the Galesburg Police Department, the Davenport Police Department, and the Knox County Sherriff’s Office. Assistant U.S. Attorneys Grant Hodges and Jennifer Mathew represented the government at trial.

The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Wednesday, October 06, 2021

Cumberland County Man Admits Role in Conspiracy to Distribute Five Kilograms of Fentanyl

 NEWARK, N.J. – A Cumberland County, New Jersey, man today admitted conspiring to distribute and possessing with intent to distribute 400 grams or more of fentanyl, Acting U.S. Attorney Rachael A. Honig announced.

Emanuel Figueroa-Martinez, 36, of Millville, New Jersey, pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to an information charging him with conspiracy to distribute 400 grams or more of fentanyl and possession with intent to distribute 400 grams or more of fentanyl.

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

In April 2020, Figueroa-Martinez conspired to distribute five kilograms of fentanyl. On April 24, 2020, Figueroa-Martinez transported the fentanyl to a location in Monmouth County, New Jersey. Upon arrival, he was arrested, and the fentanyl was recovered from his car.

The offenses to which Figueroa-Martinez pleaded guilty each carry a mandatory minimum term of 10 years in prison, a maximum penalty of life in prison, and a fine of $10 million. Sentencing is scheduled for Feb. 8, 2022.

Acting U.S. Attorney Honig credited special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson, the Asbury Park Police Department, under the direction of Chief David Kelso, and the Neptune Township Police Department, under the direction of Chief James Hunt, with the investigation leading to today’s guilty plea. 

The government is represented by Assistant U.S. Attorney Francesca Liquori of the Organized Crime and Gangs Unit.

Large Scale Methamphetamine Distributor Sentenced to over a Decade in Federal Prison

 A man who distributed over five kilograms of methamphetamine in the Dubuque area between 2018 and 2019 was sentenced today to more than ten years in federal prison.

Alan Julson, age 40, from Dubuque, Iowa, received the prison term after a guilty plea to possession with intent to distribute a controlled substance.  At the guilty plea, Julson admitted that on October 21, 2019, he intended to distribute at least 50 grams of pure methamphetamine.  Julson has prior convictions for his involvement with methamphetamine and, at sentencing, the court described Julson’s prior track record on probation as “horrendous.”

Julson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Julson was sentenced to 121 months’ imprisonment and fined $100.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

 Julson is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Dubuque Police Department’s Drug Task Force.