Friday, December 31, 2010
A federal grand jury in Albuquerque returned a superseding indictment charging Arizona fugitives John Charles McCluskey, 45, and Tracy Allen Province, 42, and their accomplice Casslyn Mae Welch, 44, with the August 2, 2010 carjacking and murder of Gary and Linda Haas of Oklahoma. According to the criminal complaint against them, the three suspects carjacked the couple along with their camping trailer in New Mexico, shot and killed them, and then burned their bodies in the trailer. The Notice of Special Findings in the superseding indictment alleges, among other things, that the defendants intentionally killed Gary and Linda Haas, and preserves prosecutors' ability to seek the death penalty.
Thursday, December 30, 2010
United States Attorney Kenneth J. Gonzales announced that, on December 29, 2010, a federal grand jury in Albuquerque returned a superseding indictment in the case charging Arizona fugitives John Charles McCluskey, 45, and Tracy Allen Province, 42, and their accomplice Casslyn Mae Welch, 44, with the August 2, 2010 carjacking and murder of Gary and Linda Haas of Oklahoma and other crimes. The superseding indictment incorporates the thirteen counts charged in the original indictment and adds a "Notice of Special Findings" as to all three defendants under 18 U.S.C. § 3591. This statute provides for the imposition of the death penalty for a defendant who has been found guilty of a death-eligible offense after consideration of mitigating and aggravating factors identified in 18 U.S.C. § 3592.
The original indictment against McCluskey, Province and Welch, which was filed on September 29, 2010, included seven counts that carry a maximum sentence of death or life in prison on conviction: carjacking resulting in death (Count 2); tampering with a witness (Count 3); and using and carrying firearms during and in relation to crimes of violence (Counts 6-10). The Notice of Special Findings in the superseding indictment alleges, among other things, that the defendants intentionally killed Gary and Linda Haas; intentionally inflicted serious bodily injury that resulted in the death of Gary and Linda Haas; and committed multiple killings in a single criminal episode. The Notice also alleges that McCluskey previously had been convicted of a violent felony involving a firearm (attempted second degree murder) and of robbery, and that Province previously had been convicted of an offense for which a sentence of death or life imprisonment was authorized (murder).
The Notice of Special Findings preserves the
' ability to seek the death penalty. The decision whether or not to seek the death penalty will be made by the Attorney General of the United States based on the recommendation of the United States Attorney and after carefully considering each defendant's background and the circumstances of the crime. United States
As previously reported, McCluskey, Province and Welch currently are in state custody in
where they are scheduled for trial on state charges, including prison escape and aiding and abetting the escape, on Arizona February 15, 2011. Thereafter, the three defendants will be transferred to the District of New Mexico to face the federal charges in the superseding indictment.
The federal case was investigated by the New Mexico State Police and the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorneys Linda Mott and Gregory J. Fouratt.
Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
On Dec. 17, the crew of the U.S. Coast Guard Cutter Thetis intercepted a go-fast boat 160 nautical miles off the coast of
, Colon . The cutter Thetis launched a small boat crew and was assisted by aircraft from the Coast Guard and U.S. Customs and Border Protection (CBP), Air and Marine Branch, to stop the go-fast vessel. Panama
The bales were found and retrieved aboard the smuggling boat by Coast Guard boarding team members.
Assisted by ICE, crewmembers of the Key West-based Cutter Thetis offloaded the 62 bales of cocaine at the Coast Guard base in
. Miami Beach
"We are ready to stop all contraband on the high seas with our partners, not only in the
, but those international agencies that work with us day to day," said Thetis commanding officer Cmdr. Douglas Schofield, U.S. Coast Guard. U.S.
"We are seeing more and more of these kinds of smuggling attempts, as organizations react to increased pressure on the southwest border," said Anthony V. Mangione, special agent in charge of ICE HSI in
. "And we will continue to work with our law enforcement partners to put more and more pressure on the organizations that attempt to carry out these and other types of drug smuggling activities." Miami
ICE HSI's investigation into the three suspected smugglers is being conducted by the Miami Border Enforcement Security Task Force (BEST). BEST was established in
in November 2008 and at other major seaports because Miami ports and maritime borders are subject to significant threats to national security. U.S.
The mission of the BEST program is to identify, disrupt, and dismantle organizations that seek to exploit vulnerabilities in the
The indictment filed in U.S. District Court charges ADAM EMMANUEL LEWIS, 27, and ANTONIO RODRIGUEZ-ARELLANO, 25, with conspiring to possess a machine gun that was not registered to either man in the National Firearms Registration and Transfer Record. The men were attempting to buy an MK-19 fully automatic grenade launcher from an undercover agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, according to the indictment.
“The weapon these individuals sought to obtain is powerful and destructive. It is a dangerous and frightening scenario that anyone would seek to purchase an automatic grenade launcher outside the bounds of law,” Vance said. “The ATF is to be commended for its diligent work that prevented such a destructive weapon from being bought secretly and potentially used criminally,” she said.
“Lewis and Rodriguez-Arellano were looking for a low-key purchase of an illegal grenade launcher, plain and simple,”
said. “Fortunately, this investigation stopped that from happening. Firearm trafficking cases like this one prevent violence, save lives and keep illegal weapons off the street,” he said. Anderson
According to the indictment, LEWIS’ and RODGRIGUEZ-ARELLANO’s attempts to buy the grenade launcher developed as follows: LEWIS contacted an ATF confidential informant on Nov. 29 to arrange the purchase of an unregistered automatic grenade launcher. On Dec. 3, both LEWIS and RODGRIGUEZ-ARELLANO traveled from
to Cullman in an attempt to buy the weapon. In subsequent phone calls from Dec. 3 to Dec. 15, LEWIS and RODRIGUEZ-ARELLANO negotiated the payment and logistics for buying the grenade launcher with an undercover ATF agent. Texas
On Dec. 15, RODRIGUEZ-ARELLANO traveled from
to Texas Leeds, where he paid the undercover agent about $24,000 for the MK-19 automatic grenade launcher, according to the indictment.
RODRIGUEZ-ARELLANO and LEWIS both were arrested Dec. 15. RODRIGUEZ-ARELLANO was arrested in
Leeds and LEWIS was arrested in . The men could face a maximum penalty of five years in prison and a $250,000 fine. Texas
The ATF investigated the case with assistance from the Cullman County Sheriff’s Department Narcotics Enforcement Team. Assistant U.S. Attorney Enid Dean Athanas is prosecuting the case.
Members of the public are reminded that an indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
TUCSON, Ariz. - Three men are facing federal weapons smuggling charges after they were arrested with more than 28,000 rounds of ammunition by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Tuesday in Tucson.
Nogales-based HSI special agents investigating a weapons smuggling operation identified a
residence in the 1500 block of Tucson West Aztec Court believed to be tied to the scheme. Agents set up surveillance on the house and observed a white minivan leave the residence and proceed southbound toward Nogales, Ariz. HSI agents then coordinated with the Arizona Department of Public Safety (DPS) to conduct a traffic stop based on probable cause developed by the DPS officer.
The van's occupants consented to allow a search of the vehicle, which revealed 9,240 rounds of ammunition of various calibers. As a result, Alejandro Ruiz-Escalante, 23, and Christian Gallegos-Arizmendi, 19, both citizens of
, were arrested on federal weapons smuggling charges. Mexico
"Weapons smuggling along the Southwest border clearly contributes to ongoing public safety challenges in
," said Matt Allen, special agent in charge of ICE HSI in Mexico . "One of my top priorities is working with law enforcement partners like DPS to stem the flow of weapons and ammunition south of the border." Arizona
Based on information developed from the traffic stop, agents applied for and received a search warrant for the
residence. The ICE Arizona Special Response Team served a search warrant on the property late Tuesday evening. Inside, agents discovered and seized an additional 19,750 rounds of ammunition, one .223 semi-automatic rifle and two .22 caliber rifles. Tucson
HSI agents arrested Jesus Lopez, 35, a
citizen with an extensive criminal history and outstanding warrants for domestic violence and drug possession, at the residence. Lopez is also facing federal weapons charges. All three suspects had their initial appearance in federal court in U.S. Wednesday. Tucson
A criminal complaint is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The 9,240 rounds of ammunition recovered from the van included:
4,000 rounds of .223 cal
2,240 rounds of 7.62 cal
1,000 rounds of 9 mm
1,000 rounds of .38 super
500 rounds of .45 cal
500 rounds of .40 cal
The 19,750 rounds of ammunition recovered from the residence included:
4,000 rounds of .223 cal
6,000 rounds of 7.62 cal
3,000 rounds of .38 super
2,750 rounds of .45 cal
3,500 rounds of 9 mm
500 rounds of .40 cal
FBI Task Force Investigation into New Haven Cocaine Ring Results in Federal Charges Against Nine Men
David B. Fein, United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that a federal grand jury sitting in New Haven has returned a seven-count indictment charging nine individuals with narcotics trafficking offenses related to the distribution of cocaine in and around New Haven. The nine men charged in the indictment were previously arrested on federal criminal complaints, and the indictment was returned yesterday, December 28.
According to court documents and statements made in court, the charges are the result of an FBI Safe Streets Task Force investigation that included the use of court-authorized wiretaps on four telephones. During the course of the investigation, the defendants were recorded on numerous occasions allegedly arranging the purchase and distribution of kilograms of cocaine.
During the arrests of the defendants, which commenced on December 17, Task Force agents seized a total of approximately two kilograms of cocaine and more than $27,000 in
currency. United States
The indictment charges each of the following eight defendants with conspiracy to distribute, and to possess with the intent to distribute, five or more kilograms of cocaine:
NELSON PEREZ-GUZMAN, aka “Nel,” 37, of
Shelton Avenue, Hamden;
CEFERINO QUINONES, 47, of
Wayfarer Street, New Haven;
MANUEL VIZCARRANDO, aka “Papito,” 44, of
Lennox Street, New Haven;
NICOLAS CASANOVA-DEJESUS, aka “Nico,” 28, of
Fairmont Avenue, New Haven;
MIGUEL PIZARRO, 34, of
Saltonstal Avenue, New Haven;
LUVIER CALCANO, aka “Luvi” and “Gordo,” 24, of
Legion Avenue, New Haven;
CARLOS DIAS, aka “Pedro,” 24, of
West Spring Street, West Haven;
ANGELO HERNANDEZ, aka “Baby,” 45, of
Palmeri Drive, New Haven.
If convicted of this charge, each defendant faces a mandatory minimum term of imprisonment of 10 years, a maximum term of imprisonment of life and a fine up to $4 million.
In addition to the conspiracy charge, PEREZ-GUZMAN, QUINONES and VIZCARRANDO are each charged in separate counts of the indictment with possession with intent to distribute 500 grams or more of cocaine. In another count, VIZCARRANDO and RUFINO CANDELARIO, 26, of
Ivy Street, New Haven, are charged with possession with intent to distribute 500 grams or more of cocaine. If convicted of this charge, each of the defendants faces a mandatory minimum term of imprisonment of five years, a maximum term of imprisonment of 40 years and a fine of up to $2 million.
CASANOVA-DEJESUS also is charged with one count of possession with intent to distribute cocaine, which carries a maximum term of imprisonment of 20 years.
Finally, the indictment charges HERNANDEZ with conspiring to distribute cocaine while released on bond in the case of
v. Angelo Hernandez, et.al., 3:09CR130. If convicted of this offense, HERNANDEZ faces a consecutive sentence of imprisonment of up to 10 years and a fine of up to $250,000. United States
The indictment also seeks the forfeiture of the
currency that was seized during the course of the investigation. U.S.
U.S. Attorney Fein stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case is being investigated by the FBI’s Safe Streets Task Force, which includes officers from the
, Ansonia , Hamden and Milford Police Departments, as well as the State of Connecticut Department of Correction. The West Haven Police Department has also provided valuable assistance to the investigation. New Haven
U.S. Attorney Fein also recognized the assistance of the New Haven Police Department’s Tactical Narcotics Unit and its Street Interdiction Unit for their assistance in making the arrests and seizures in this case.
This case is being prosecuted by Assistant United States Attorney Michael E. Runowicz.
WASHINGTON — The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) today announced a ruling that will affect any person licensed as a dealer-gunsmith performing certain processing or finishing on firearms owned and marked by a federally licensed firearms manufacturer. The ruling will also affect licensed manufacturers and licensed importers who have contracts with specialized gunsmiths to perform a variety of processes involved in producing firearms.
The ruling holds that licensed firearms dealer-gunsmiths are not engaged in a manufacturing business, and are not required to hold a manufacturers license, under certain specified conditions. The ruling was issued to address modern firearms manufacturing processes, which often involve a number of contractors other than the manufacturer whose name is marked on the firearm.
Under the ruling, licensed dealers may perform manufacturing services if (1) the firearms are not owned by the licensed dealer-gunsmith; (2) the licensed dealer-gunsmith returns the firearms to the licensed manufacturer or licensed importer upon completion of the manufacturing process and does not sell or distribute the firearms to any other person; and (3) the firearms were properly identified and marked by the importer or manufacturer in accordance with the law and regulations.
ATF Ruling 2010-10 clarifies concerns and addresses questions about activities such as bluing, anodizing, powder-coating, plating, polishing, heat and chemical treating that have caused confusion over activities requiring a federal firearms manufacturers license, firearms marking requirements, and firearms record keeping requirements.
For additional information about ATF’s programs, please visit www.atf.gov.
With our partners in the law enforcement and intelligence communities, the FBI worked thousands of investigations during 2010, from cyber crime and espionage to public corruption and multi-million-dollar fraud schemes. As the year draws to a close, we take a look back at some of 2010’s most significant cases.
Part 1 focused on terrorism. This segment highlights some of the year’s top cases from the FBI’s other investigative priorities:
Operation Broken Trust: Earlier this month, we announced the largest investment fraud sweep ever conducted in the
—211 cases involving more than 120,000 victims who lost more than $8 billion. The multi-agency investigation focused on scams directly targeting individual investors. U.S.
Operation Cross Country V: In November, a three-day operation in 40
cities led to the recovery of 69 children who were being victimized through prostitution. More than 850 individuals—including nearly 100 pimps—were arrested on state and local charges. U.S.
Health care fraud: In October, 73 defendants—including associates of an Armenian-American organized crime group—were indicted in five states in one of the largest Medicare fraud cases to date. Fraudulent billings and other related crimes totaled more than $163 million.
Operation Guard Shack: In what was likely the largest police corruption case in FBI history, nearly 1,000 Bureau personnel took part in a massive bust in
, San Juan Puerto Rico in October to arrest 133 subjects, most of whom were police officers.
Operation Trident Breach: Also in October, a global investigation with our international partners resulted in a major cyber bust targeting a theft ring that used a Trojan horse virus to steal more than $70 million.
Piracy on the high seas: In August, a Somali man pled guilty in
to acts of piracy against the USS Ashland in April. The man and five Somali accomplices believed the ship—cruising in the Virginia Gulf of Aden—was a merchant vessel and they attempted to seize it and hold it for ransom.
Russian spies arrested: In July, 10 individuals living seemingly normal lives in the
pled guilty to being Russian spies and agreed to leave the country immediately. They had been arrested a month earlier after a lengthy undercover operation. U.S.
Operation Stolen Dreams: In June, nearly 500 people—from industry insiders to straw buyers—were arrested in a multi-agency nationwide mortgage fraud takedown. Total losses from a variety of fraud schemes were estimated to exceed $2 billion.
Project Deliverance: Also in June, we announced the results of a two-year multi-agency investigation on the U.S. Southwest border that yielded 2,200 arrests as well as seizures that included $154 million in U.S. currency and more than 71 tons of cocaine and marijuana.
Gang takedown: In May, nearly 600 local, state, and federal officers took part in one of the
area’s largest gang takedowns in recent memory. Indictments were unsealed against 78 members of two violent gangs, the Bloods and the Latin Kings. New York
For more information about the FBI’s investigations and other activities, see our weekly Top Ten News Stories in our Press Room.
Wednesday, December 29, 2010
The Denver Police Department and the FBI Rocky Mountain Safe Streets Task Force (RMSSTF) are investigating a bank robbery.Please see the below PDF file and photographs for the suspect information.
The robbery occurred at:
- Wells Fargo Bank
- 7800 East Hampden Avenue
- Denver, Colorado
- 12/28/2010, 10:06 a.m.
The RMSSTF have believes this to be the “Sparky Bandit.”
The suspect demanded money and fled the bank.
Bank robbery is punishable by a 20-year prison sentence for each offense and increases if a dangerous weapon is used in the commission of the crime.
The FBI continues to provide financial institutions with the best practices for security to make them less vulnerable to robberies.
If anyone has any information on the bank robbery above, or any bank robbery, please call the FBI Rocky Mountain Safe Streets Task Force at 303-629-7171; or, you can remain anonymous and earn up to two thousand dollars ($2,000) by calling CRIMESTOPPERS at 720-913-STOP (7867).
“Prescription drug abuse is a dangerous and growing problem in
,” said U.S. Attorney Coats. “Many Oklahomans benefit from the prescribed use of prescription pain killers. When abused, however, they can be as addictive, dangerous and even lethal as illegal drugs. Those who traffic prescription drugs are simply drug dealers like those who peddle cocaine, heroin and methamphetamine on our streets. I commend the FBI, DEA, the Norman Police Department, and the Cleveland County Sheriff's Office for their extraordinary efforts in dismantling this drug trafficking ring." Oklahoma
From September 2008 through the fall of 2009, Stephan Scott Compton and Deborah Jeann Compton (husband and wife), their three sons, Joshua Ryan Compton, Zacharry Lawrence Compton and Jeremy Scott Compton, and others were involved in trafficking oxycodone, primarily in the form of OxyContin. As part of the scheme, the
used others to acquire OxyContin tablets for them through scheduled doctors’ appointments where prescriptions for oxycodone were obtained. The individuals were paid by the Comptons in exchange for receipt of the oxcycodone tablets and were even driven to their doctors’ appointments and pharmacies to fill the prescriptions. The Comptons also purchased OxyContin from other individuals for redistribution. Comptons
Oxycodone is a synthetic opioid analgesic medication available by prescription for pain relief. Oxycodone products are commonly abused throughout the
and long term use can result in physical dependence and addiction. OxyContin is the brand name of a time-release formula of oxycodone. Abusers often crush the tablets and snort the powder or dissolve the tablets in water and inject the solution. Slang terms for OxyContin include "OC," "OX," "kicker" and "Hillbilly heroin." United States
Once obtained in this scheme, the oxycodone tablets were stored at various locations, including a residence in
, a residence in Noble, and the Norman ' place of business, Comptons 's Air Quality Experts, located at Compton 5450 Huettner Drive, in . The oxycodone tablets were then illegally sold to numerous individuals in the Norman area. Norman
Defendants Convicted and Sentenced in this Investigation:
Fares Abdo Bayazeed, 56, of
, pled guilty on Norman January 22, 2010, to illegal distribution of oxycodone. He was sentenced on June 21, 2010, to serve 97 months in federal prison, followed by three years’ supervised release.
Charleda Skinner, 57, of
, pled guilty on Oklahoma City January 6, 2010, to illegal distribution of oxycodone. She was sentenced June 21, 2010, to serve 36 months of probation.
Timothy Lavelle Carter, 41, of Noble, pled guilty on
February 4, 2010, to using a telephone to facilitate the illegal distribution of oxycodone. He was sentenced on June 21, 2010 to serve 30 months in federal prison, followed by one year supervised release.
Rebecca Carter, 32, of Noble, pled guilty on
January 21, 2010, to using a telephone to facilitate the illegal distribution of heroin. She was sentenced on June 21, 2010, to serve 12 months in federal prison, followed by one year supervised release.
Timothy Arron Wolf, 41, of
, pled guilty on Oklahoma City January 22, 2010, to using a telephone to facilitate the illegal distribution of oxycodone. He was sentenced on June 21, 2010, to 24 months in prison, followed by one year supervised release.
Tommy Randy Seeds, 50, of
, pled guilty on Oklahoma City January 21, 2010, to illegal distribution of oxycodone. He was sentenced on June 21, 2010, to serve four months in federal prison, followed by two years’ supervised release.
Latasha Sullivan, 31, of
, pled guilty on Oklahoma City January 22, 2010, to using a telephone to facilitate the illegal distribution of oxycodone. She was sentenced on June 21, 2010, to serve 24 months in federal prison, followed by one year supervised release.
Matthew Lee Palmer, 26, of
, pled guilty on Norman February 5, 2010, to illegal distribution of oxycodone. He was sentenced on June 22, 2010 to serve 15 months in federal prison, followed by three years’ supervised release.
Calvin Dieter Schwab, 20, of Noble, pled guilty on
February 5, 2010, to illegal distribution of oxycodone. He was sentenced on June 22, 2010, to serve 5 months in federal prison, followed by five years’ supervised release. On September 9, 2010, the Court revoked Schwab’s supervised release and ordered him to serve 24 months in federal prison followed by three years’ supervised release.
James Joe Ross, 50, of
, pled guilty on Lexington February 5, 2010, to misprision of a felony. He was sentenced on June 22, 2010, to 14 months in federal prison, followed by one year supervised release.
James Roy Skinner, 48, of
, pled guilty on Oklahoma City February 5, 2010, to illegal distribution of oxycodone. He was sentenced June 22, 2010, to serve four months in federal prison, followed by three years’ supervised release.
Donna Mae Dady, 69, of
, pled guilty on Oklahoma City February 5, 2010, to illegal distribution of oxycodone. She was sentenced on June 23, 2010, to serve five months in federal prison, followed by two years’ supervised release.
Calvin Ray Pressley, 57, of
, pled guilty on Norman January 22, 2010, to illegal distribution of oxycodone. He was sentenced on June 23, 2010, to serve 24 months in federal prison, followed by three years’ supervised release.
Gary Lee Simmons, 42, of Wellston, pled guilty on
February 8, 2010, to illegal distribution of oxycodone. He was sentenced on July 7, 2010, to serve five months in federal prison, followed by two years’ supervised release.
Kathy Sue Patterson, 53, of
, pled guilty on Lexington January 21, 2010, to illegal distribution of oxycodone. She was sentenced on July 23, 2010, to serve 14 months in federal prison, followed by two years’ supervised release.
Ranita Largent, 51, of
, pled guilty on Oklahoma City February 5, 2010, to using a telephone to facilitate the illegal distribution of oxycodone. She was sentenced on July 23, 2010, to 14 months in federal prison, followed by one year supervised release.
David Leroy LeCrone II, 56, of
, pled guilty on Norman January 21, 2010, to using a telephone to facilitate the distribution of oxycodone. He was sentenced on July 23, 2010, to serve 14 months in federal prison, followed by one year supervised release.
Joshua Ryan Compton, 25, of
, pled guilty on Norman May 6, 2010, to illegal distribution of oxycodone. He was sentenced on November 18, 2010, to serve 48 months in federal prison, followed by three years’ supervised release, and perform 104 hours of community service.
Zacharry Lawrence Compton, 22, of Noble, pled guilty on
May 28, 2010, to illegal distribution of oxycodone. He was sentenced on November 22, 2010, to serve 44 months in federal prison, followed by three years’ supervised release.
Jeremy Scott Compton, 24, of
, pled guilty on Norman May 6, 2010, to using a telephone to facilitate illegal distribution of oxycodone. He was sentenced on November 22, 2010, to serve 36 months in federal prison, followed by one year supervised release.
Lindi Marissa Applegate, 23, of
, pled guilty on Norman May 3, 2010, to using a telephone to facilitate the illegal distribution of oxycodone. She was sentenced on November 22, 2010, to serve 18 months in federal prison, followed by one year supervised release.
Stephan Scott Compton, 47, of Noble, pled guilty on
May 6, 2010, to using a telephone to facilitate the illegal distribution of oxycodone. He was sentenced on December 20, 2010, to serve 48 months in federal prison, followed by one year supervised release, and perform 104 hours of community service.
Deborah Jeann Compton, 45, of Noble, pled guilty on
May 6, 2010, to using a telephone to facilitate the illegal distribution of oxycodone. She was sentenced on December 20, 2010, to serve 48 months in federal prison, followed by one year supervised release, and ordered to serve 104 hours of community service.
Martha Earlene Phillips, 66, of
, was found guilty by a jury on Oklahoma City June 17, 2010, of two counts including conspiracy to possess oxycodone with intent to distribute and distribution of oxycodone. She was sentenced today to serve 24 months in federal prison followed by three years’ supervised release on each of the two counts, to run concurrently, and ordered to serve 104 hours of community service.
These cases were the result of a joint investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Norman Police Department, and the Cleveland County Sheriff's Office. These cases were prosecuted by Assistant U.S. Attorney Randy Sengel.
COLUMBUS—Qiang “Michael” Bi, 36, of Powell was sentenced in United States District Court here to 30 months incarceration for selling more than 35,000 illegally copied computer games over the Internet between 2005 and 2009. He will also be required to make restitution to the companies who created the games. The amount of restitution is yet to be determined.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Keith L. Bennett, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Division (FBI), and Dugan T. Wong, Assistant Inspector in Charge, U.S. Postal Inspection Service, announced the sentence handed down today by U.S. District Judge Algenon L. Marbley.
Bi pleaded guilty on
July 28, 2010 to one count of mail fraud, one count of copyright infringement, and one count of aggravated identity theft. Bi was sentenced to six months each for the mail fraud and copyright infringement crimes. Those sentences will run concurrently. He will serve an additional 24 months for the aggravated identity theft.
Judge Marbley also sentenced Bi to two years of supervised release following his prison time. Twelve months of the supervised release will be spent in home confinement. He was also sentenced to serve 416 months of community service.
According to a statement of facts read during Bi’s plea hearing, agents executed a search warrant at Bi’s house and found multiple CD duplicators and more than 1,000 printed counterfeit CDs. Some of the CDs were still in the duplicator. During their investigation, agents learned that Bi would buy a single copy of a game, illegally duplicate it and sell the copies on eBay.com and Amazon.com. He also set up a website for customers to download the games they bought. Bi accepted payment through eBay and PayPal accounts in his name and in others’ names.
Bi sold more than 35,000 copies of counterfeit software games between 2005 and December 2009. The games were original works of more than 60 different software companies. The estimated total retail value of the games is about $700,000. He sold each counterfeit game for around $9.95.
Bi agreed to forfeit $367,669 in cash which represents the proceeds of the crimes. He also agreed to forfeit his interests in his house, a car, and all computer and electronic equipment used to illegally copy and sell the games.
Stewart commended the cooperative investigation by agents and officers with the FBI Cybercrime Task Force, and U.S. Postal Inspectors. He also commended Assistant U.S. Attorney Deborah A. Solove, who prosecuted the case.
The jerseys, hats, T-shirts and other souvenirs were confiscated by agents in the last month as they came into
through various international mail facilities. Although most of the seized items were purporting to be NHL merchandise, agents also seized counterfeit NFL jerseys and fake Ugg boots and counterfeits of brand name shoes, purses and apparel. The seizures are part of a crackdown on intellectual property rights (IPR) violations in the Pittsburgh area as it prepares for the New Year's Day hockey game. Pittsburgh
"Around every major sports event in this country, these unscrupulous entrepreneurs take advantage of fan fever to sell the whole range of products bearing the trademark and names of the teams involved," said John P. Kelleghan, special agent in charge of ICE HSI in Philadelphia. "They use inferior materials to pump out look-alikes that do not benefit the teams, the players or the associations that have trademarked these goods. Counterfeiting hurts the consumer, it hurts business and it costs American jobs."
"The NHL very much appreciates the efforts of ICE, CBP, and USPIS to protect NHL fans from being victimized by counterfeiters and to ensure that legitimate businesses playing by the rules will not be harmed by these illicit activities," said Tom Prochnow, group vice president, legal and business affairs for NHL Enterprises, L.P., the licensing and marketing arm of the National Hockey League.
"Customs and Border Protection serves as
's leading border security agency charged with intercepting counterfeit merchandise and medications, illicit narcotics and fraudulent identity documents at our nation's ports of entry," said Allan Martocci, CBP Port Director for the Area Port of Philadelphia, senior port to the America . "CBP remains committed to working with our federal, state and local law enforcement partners to protect American consumers against products that hurt us and that hurt American businesses." Port of Pittsburgh
"The Postal Inspection Service and Immigration and Customs Enforcement have pooled resources to intercept and investigate the shipment of counterfeit merchandise being sent through the U.S. Mail. Our goal is to protect postal customers from receiving goods that are not authentic and to eliminate the criminal enterprises that utilize the mail in furtherance of these schemes," said Robin Dalgleish, inspector in charge of the USPIS Pittsburgh Division. "The
area is well known for the success of its professional sports teams. With the Winter Classic about to be played here, we anticipated that scammers selling counterfeit jerseys would step up their efforts to defraud area residents, as we also step up our efforts to conduct these interdictions." Pittsburgh
In the last month, ICE special agents working with CBP officers and USPIS inspectors, scanned the mails for the counterfeit merchandise and detained them for further investigation.
In 2009, ICE and its partners seized goods with a total domestic value of more than $260 million. Last year, during the holidays, ICE, its federal, state and local partners and the government of
seized more than $26 million worth of products in locations around the Mexico . United States
As the largest investigative arm of the Department of Homeland Security, ICE HSI plays a leading role in targeting criminal organizations responsible for producing, smuggling, and distributing counterfeit products. ICE HSI focuses not only on keeping counterfeit products off
streets, but also on dismantling the criminal organizations behind this activity. U.S.
ICE manages the
Tuesday, December 28, 2010
Orange County Man Surrenders After Being Indicted in Investment Fraud Case that Caused $2.4 Million in Losses
SANTA ANA, CA—An Irvine man pleaded not guilty this afternoon after surrendering this morning to special agents with the FBI in an investment scheme case that allegedly involved losses totaling $2.4 million.
Charles “Chuck” Davis, 53, was taken into custody without incident this morning and was arraigned this afternoon in United States District Court. After pleading not guilty,
was released on a $160,000 bond and was ordered to stand trial on February 22. Davis
The indictment alleges that investor funds were not used in the manner set forth in the PPMs. Instead,
used investor funds for personal expenses, including payments to himself, family members, and girlfriends; clothing, jewelry, and other consumer items; rent, utilities and credit card payments; and legal fees to lawyers representing Davis in lawsuits brought against him. Davis
As a result of the scheme, the indictment alleges that
caused approximately 40 investors to lose more than $2.4 million. Davis
In addition to LifeRight Holdings,
owned, controlled or was affiliated with LifeRight Holdings International, Inc.; LifeRight Worldwide, Inc.; American Membership Systems, Inc.; Solomon Davis Financial Group, Inc.; Forward Area, Inc.; Arcane Communications, Inc.; CJ Davis, Inc.; Arcane Communications; and Hawk Management Group. Davis
The indictment accuses
of two counts of mail fraud, five counts of wire fraud and three counts of money laundering. If he is convicted of all 10 counts in the indictment, Davis would face a statutory maximum sentence of 170 years in federal prison. Davis
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court. The case against
At approximately this morning, a white male entered the bank and displayed a note demanding money. The robber gathered the money and exited the bank traveling in a red pickup truck. No one was injured in today’s robbery and no weapon was seen.
The robber was described as a white male in his twenties. He was wearing a flannel jacket, blue jeans, and a black knit cap.
The robbery is being investigated by the FBI and the Ardmore Police Department.
Anyone with information regarding either robbery should contact the FBI at (405) 290-7770 (24 hour number). You may remain anonymous.
The Oklahoma Banker’s Association offers up to $2,000.00 for information leading to the identification, arrest and/or conviction of anyone robbing a member bank
Rony Rincon Pineyro, arrived Saturday at the
from La Romana, Luis Munoz Marin International Airport and was referred to a CBP secondary inspection where he consented to an X-ray examination. He later admitted swallowing narcotics pellets but denied knowing the number or what they contained. Dominican Republic
CBP officers transported Rincon Pineyro to a medical facility for an X-ray examination by a certified technician who verified the presence of foreign objects in his digestive tract.
By Monday morning, Rincon Pineyro had expulsed 49 pellets which tested positive to heroin.
The estimated street value of the seized heroin is $45,000.
The U.S. Attorney for the District of Puerto Rico has accepted this case for prosecution.
The ICE HSI investigation continues.
FBI Fugitive Shawna Leimomi Moore-Saia turned herself in at the Los Angeles Office of the FBI at about on Monday, December 27th. A federal judge had issued an arrest warrant for Moore-Saia on
October 27, 2010, based on charges of identity theft, aggravated identity theft, credit card fraud, wire fraud, bank fraud, and money laundering. A criminal complaint charges Moore-Saia with stealing substantial funds from Wells Fargo during her time as a bank employee. Saia worked at the Wells Fargo branch located in from August 2006—August 2010. Coos Bay, Oregon
Moore-Saia is lodged in the Los Angeles County Jail, and she will make an initial appearance before a federal judge there on Tuesday.
Man Receives 12-Year Sentence for Possession of Guns, Pipe Bomb Components, Making a False Passport Application and Aggravated Identity Theft
COLUMBUS — Abdullah M. Muslim, aka Johnnie P. Clagg, 38, of Columbus was sentenced in United States District Court here to a total of 144 months incarceration for illegally possessing firearms after having previously been convicted of three violent felonies, for possessing unregistered component parts to make pipe bombs, for making a false passport application, and aggravated identity theft.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, and Robert J. Browning, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) announced the sentence handed down today by U.S. District Judge Michael Watson.
Muslim pleaded guilty on
July 23, 2009 to one count of being a felon in possession of a firearm and was released on bond to await sentencing. While on bond, Muslim made a false application for a passport in , using an identity not his own. West Virginia
During this time, Muslim also obtained and possessed more firearms as well as pipe bomb components. On
March 30, 2010, Muslim pleaded guilty to making a false passport application and aggravated identity theft. Muslim also pleaded guilty to one count of possession of firearms by a convicted felon and one count of unregistered destructive devices, namely a combination of parts intended and designed to be converted into destructive devices, namely 5 pipe bombs.
Stewart commended the cooperative investigation by ATF agents, U.S. Postal Inspectors, the U.S. Department of State Diplomatic Security Service, and Assistant U.S. Attorneys Dana Peters of
Orange County, State, and Federal Law Enforcement Take Down White Supremacist Prison and Street Gangs in Largest Sweep of Its Kind
SANTA ANA — Orange County, State, and federal law enforcement announced today the largest ever take-down of white supremacist prison and street gang criminal enterprises in Orange County. Operation Stormfront was conducted in collaboration by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), California Department of Corrections and Rehabilitation (CDCR), Orange County District Attorney’s Office (OCDA), Orange County Sheriff’s Department (OCSD), United States Attorney’s Office (USAO), and United States Secret Service.
Operation Stormfront is a multi-agency operation developed as a result of investigations by federal and State agencies into the criminal activity of white supremacist criminal street and prison gangs. (ATF and (OCSD were conducting a covert operation aimed at buying firearms and drugs, and the Secret Service focused on buying credit profiles and other fraudrelated items from members of various white supremacist criminal street gangs. (OCSD was also gathering intelligence and conducting threat assessment involving a white supremacist prison gang. These investigations resulted in the collection of extensive information on white supremacist criminal enterprises in
. Orange County
The operation by (ATF, OCSD, Secret Service, along with (CDCR, was named Operation Stormfront, stemming from the name of a white supremacist website. The OCDA and USAO determined which jurisdiction would yield the most punishment for the potential charges.
The efforts by the federal agencies have led to the prosecution of numerous firearm, narcotics, and fraud cases. At the State level, the OCDA has obtained three related indictments against 14 defendants involving extortion, conspiracy, and solicitation of aggravated assault and murder. The details of the three indictments are below. Intelligence gathered during Operation Stormfront also led to the arrest of 20 additional white supremacist gang members and associates for various parole and probation violations, non-violent felonies, and one attempted murder.
"ATF undercover agents purchased 27 illegal firearms from known felons in the course of this investigation," said John A. Torres, Special Agent in Charge ATF Los Angeles. "Through ballistic analysis one of the firearms was identified as a 'crime gun' which was used in the commission of an attempted murder being prosecuted in
. That firearm will no longer be on the streets." Orange County
"CDCR's Fugitive Apprehension Team Agents are thrilled to be a part of Operation Stormfront," said Anthony Chaus, Assistant Secretary, Office of Correctional Safety. "Through coordinated law enforcement efforts like today's, we will continue to work together to make our streets safer."
, we will never accept that gangs are here to stay, and we will never give up the battle,” stated Orange County District Attorney Tony Rackauckas. “We are committed to disrupting gang leadership, taking away their financial resources and guns, and taking gang members off the street as many times as we can and for as long as we can.” Orange County
“The Orange County Sheriff’s Department dedicated investigative, technical and intelligence resources to this task force effort and the results include the significant seizures of contraband and arrests of top-level gang members. In addition, the investigators took proactive action and stopped serious violent acts against potential victims,” stated Orange County Sheriff Sandra Hutchens. “This joint effort has significantly impacted major White hate groups in
. With our enforcement partners, we will continue to identify, investigate and dismantle any violent gang in Orange County .” Orange County
“The U.S. Secret Service has a long history of partnering with other law enforcement to investigate and prevent of criminal activity,” said James Kollar, Resident Agent in Charge of the Secret Service office in
. “Cooperation and partnerships allow us to focus our resources and respond quickly to uncover and prevent criminal activity such as financial fraud and the other crimes involved in this case.” Orange County
Senior Deputy District Attorney Jim Mendelson of the Gang Unit is prosecuting the following cases on behalf of the OCDA.
Defendants Wayne and Ruthie Marshall
Wayne Marshall is a member of a white supremacist prison gang and inmate in Orange County Jail. Wayne Marshall is accused of being a “shot caller” for two white supremacist criminal street gangs in the jail and on the street for the benefit of his prison gang. He is accused of giving criminal orders and conducting criminal business through phone calls from jail to the outside and in person during jail visits.
Wayne and Ruthie Marshall are married. Ruthie Marshall is accused of assisting her husband to control criminal street gang activity by facilitating three-way calls, acting as a communication bridge between her husband and criminal street gang members, giving orders on his behalf, and giving her own orders under the pretense of acting on his behalf. Case #10ZF0092
On or about
July 10 to 15, 2010, Ruthie Marshall’s friend, Jeremy Ball, took her car for several days without permission. The car was impounded when Ball was stopped by police in traffic stop and Ruthie Marshall was unable to retrieve it from impound because she could not pay the required fees. Ruthie Marshall is accused of seeking out the help of Jeffrey Peek to assault Ball as retribution.
July 19, 2010, Ruthie Marshall and Peek are accused of luring Ball to a motel with the intention of assaulting him. Jose Gonzalez, who is not associated with a white supremacist criminal street gang, was in the motel at the time and is accused of participating in the assault. Ruthie Marshall, Peek, and Gonzalez are accused of punching and beating Ball, carrying him into the bathroom, and holding him against his will overnight while demanding money to pay the impound fees. Ruthie Marshall’s arm was in a cast and she is accused of repeatedly hitting Ball with the hard cast during the assault. Ball was able to escape the following morning.
Aug. 5, 2010, Ball was again lured to another motel. Ruthie Marshall and white supremacist gang members Alexander Lind and Jessie Raffensberger are accused of assaulting Bell, holding him against his will, and demanding money for the impound fees. Ruthie Marshall is accused of hitting with her cast and Raffensberger is accused of hitting him in the face with a semi-automatic pistol. They are accused of committing these assaults for the benefit of white supremacist prison and criminal street gangs. Bell
The defendants in this case face a maximum sentence of life in state prison if convicted. The jury trial in this case is scheduled for tomorrow,
Friday, Dec. 17, 2010, at in Department C-41, , Central Justice Center . The trial is expected to be continued. The indictment is as follows: Santa Ana
DEFENDANT NAME & “MONIKER” AGE FELONY CHARGES, ENAHANCEMENTS, & PRIORS
Ruthie Christine Marshall moniker “Mama Bear” 41, 2 counts aggravated assault 2 counts kidnapping for ransom with bodily harm 31 count assault with semi-automatic firearm Enhancement — criminal street gang activity
Jeffrey Michael Peek moniker “Dopey” 27, 1 count aggravated assault 1 count kidnapping for ransom with bodily harm Enhancement — criminal street gang activity Strike prior — 2005 robbery Prison prior — 2001 possession of methamphetamine
Jose Luis Gonzalez 41, 1 count aggravated assault 1 count kidnapping for ransom with bodily harm
Alexander Manfred Lind moniker “Turtle” 41, 1 count aggravated assault 1 count kidnapping for ransom with bodily harm 1 count assault with semi-automatic firearm 1 count street terrorism Enhancement — criminal street gang activity Prison prior — 2007 car theft Prison prior — 2005 possession of methamphetamine 2 prison priors — 2005 second degree burglary Prison prior &mash; 2004 possession of a controlled substance Prison prior — 1997 unlawful possession of tear gas
Jessie Raffensberger moniker “JJ” 31, 1 count aggravated assault 1 count kidnapping for ransom with bodily harm 1 count assault with semi-automatic firearm 1 count street terrorism Enhancement — criminal street gang activity Prison prior — 2010 possession of methamphetamine Prison prior — 2009 car theft Prison prior — 2007 possession of methamphetamine Prison prior — 2004 possession of methamphetamine Case #10ZF0097
Wayne Marshall is accused of becoming angry after learning that white supremacist criminal street gang member Charles Hull had “disrespected” him by claiming to other inmates that
was not a member of the white supremacist prison gang. Wayne Marshall is accused of also being angry that drugs had been smuggled into the jail and he had not been given his “cut,” and believed Hull had M“disrespected” him by responding “F*** [Marshall]” when asked about the issue. Ruthie Marshall is accused of placing a series of and participating in three-way phone calls for Wayne Marshall and other white supremacist gang members. Wayne Marshall is accused of coordinating with his co-defendants to have Marshall assaulted and extorted for money. Richard Briggs, Richard Rainey, Thomas Symington, Andrew Casper, and Edward Ferraro are accused of agreeing to participate in the assault and extortion plot. Both of the above criminal cases (and the case below) were discovered by Orange County Sheriff’s Department (OCSD) Hull
Deputies through intelligence gathering. The targeted victims in these cases, as well as seven other potential victims in unrelated cases involving the same defendants, were primarily white supremacist criminal street gang members on probation or parole. With the assistance of CDCR, OCSD Deputies arrested the targeted victims for their protection for probation and parole violations and put them in protective custody to preempt the planned assaults. The defendants in this case face a maximum sentence of life in state prison if convicted. The pre-trial hearing in this case is scheduled for tomorrow,
Friday, Dec. 17, 2010, at in Department C-41, , Central Justice Center . Santa Ana
The indictment is as follows:
DEFENDANT NAME & “MONIKER” AGE FELONY CHARGES, ENAHANCEMENTS, & PRIORS
Wayne Jason Marshall moniker “Bullet” 36, 1 count attempted aggravated assault 1 count extortion by force or threat 1 count street terrorism Enhancement — criminal street gang activity Strike prior — 1999 assault with a firearm Strike prior — 1999 robbery
Ruthie Christine Marshall moniker “Mama Bear” 41, 1 count extortion by force or threat Enhancement — criminal street gang activity
Richard Michael Briggs monikers “Lil’ Rick,” “LR” 58, 1 count extortion by force or threat Enhancement — criminal street gang activity Strike prior — 1989 manslaughter Prison prior — 1998 sale of methamphetamine Prison prior — 1985 car theft Prison prior — 1977 forgery Prison prior — 1974 sale of controlled substance
Andrew Casper monikers “Baby Bear,‘ ‘Lil’ Brody’ 23, 1 count extortion by force or threat 1 count street terrorism Enhancement – criminal street gang activity Strike prior — 2007 robbery
Edward Anthony Ferraro monikers “Lil’ Eddie,” “LE” 30, 1 count extortion by force or threat Enhancement — criminal street gang activity
Richard Alan Rainey moniker “Ricky” 47, 1 count extortion by force or threat 1 count street terrorism Enhancement — criminal street gang activity Strike prior — 1992 assault with deadly weapon 4 strike priors — 1992 robbery 4 strike priors — 1985 first degree burglary Strike prior — 1983 first degree burglary Prison prior — 1997 battery on a custodial officer Prison prior — 1994 felon in possession of a firearm Prison prior — 1989 forgery
Thomas James Symington monikers “Tommy,” “TG” 33, 1 count extortion by force or threat Enhancement — criminal street gang activity Prison prior — 2004 felon in possession of counterfeit currency Prison prior — 2003 reckless evading Case #10ZF0098
Dec. 14, 2010, the OCDA obtained indictments against six defendants in a third case. The evidence and testimony presented during the grand jury proceedings are sealed for ten days after the arraignment on the indictment and the transcripts are made public. Information on the circumstances of the crime cannot be released at this time. Operation Stormfront Orange County
The defendants in this case face a maximum sentence of life in state prison if convicted. The arraignment in the case is scheduled for tomorrow,
Friday, Dec. 17, 2010, at in Department C-5, , Central Justice Center . The indictment is as follows: Santa Ana
DEFENDANT NAME & “MONIKER” AGE FELONY CHARGES, ENAHANCEMENTS, & PRIORS
Wayne Jason Marshall moniker “Bullet” 36, 1 count solicitation to commit murder 1 count conspiracy to commit murder 1 count conspiracy to commit aggravated assault 1 count street terrorism 5 Enhancement — criminal street gang activity Strike prior — 1999 assault with a firearm Strike prior — 1999 robbery
Ruthie Christine Marshall moniker “Mama Bear” 41, 1 count conspiracy to commit murder 1 count conspiracy to commit aggravated assault Enhancement — criminal street gang activity
Douglas Kenneth Adams moniker “K” 42, 1 count conspiracy to commit murder 1 count conspiracy to commit aggravated assault Enhancement — criminal street gang activity Strike prior — 2002 residential burglary Prison prior — 2008 sale of methamphetamine Prison prior — 2004 sale of methamphetamine Prison prior — 1999 possession of methamphetamine
Andrew Casper monikers “Baby Bear,” “Lil’ Brody” 23, 1 count conspiracy to commit murder 1 count conspiracy to commit aggravated assault 1 count street terrorism Enhancement — criminal street gang activity Strike prior — 2007 robbery
Jason Odelle Fanelli moniker “Penguin” 44, 1 count conspiracy to commit murder 1 count conspiracy to commit aggravated assault 1 count street terrorism Enhancement — criminal street gang activity Strike prior — 2003 sale of methamphetamine Strike prior — 2003 street terrorism Prison prior — 2010 possession of heroin Prison prior — 1997 possession of methamphetamine Prison prior — 1994 transportation of methamphetamine
Ryan Dennis Sloan moniker “Doc” 32, 1 count conspiracy to commit murder 1 count conspiracy to commit aggravated assault Enhancement — criminal street gang activity Strike prior — 1999 carjacking Prison prior — 2010 possession of methamphetamine Prison prior — 2009 possession of a deadly weapon Prison prior — 2007 car theft Prison prior — 2003 carrying a concealed deadly weapon