Federal Inmate Pleads Guilty to Escape

U.S. Attorney Brendan V. Johnson announced that Louiz Pena-Hermosillo, age 26, appeared before U.S. District Judge Lawrence L. Piersol on September 20, 2012, and pled guilty to one count of a superseding indictment that charged him with escape. The maximum penalty upon conviction is five years in prison and/or a $250,000 fine.

In March 2012, Pena-Hermosillo left the confines of the Yankton Federal Prison Camp and was picked up by a woman parked in a car near the camp. The two went to a local hotel, and the defendant later sneaked back into the prison camp.

The investigation was conducted by the Federal Bureau of Investigation and the U.S. Bureau of Prisons. The case is being prosecuted by Assistant U.S. Attorney Ann M. Hendrickson.

A pre-sentence investigation was ordered, and a sentencing date was set for December 5, 2012. The defendant was returned to custody pending sentencing.

Customs and Border Protection Officer Arrested by Border Corruption Task Force Agents

Daphne Hearn, Special Agent in Charge of the San Diego FBI Office, and Chris Maston, Director of Field Operations, Customs and Border Protection (CBP), announce the arrest of CBP Officer Thomas Silva, age 33, a nine-year veteran with the CBP. Silva was arrested on Friday, September 7, 2012, at approximately 8:30 a.m., at the San Ysidro Port of Entry (SYPOE). Silva was taken into custody without incident by CBP and FBI agents assigned to the FBI Border Corruption Task Force (BCTF).

Silva was arrested pursuant to a federal arrest warrant based upon a complaint filed with the United States District Court, Southern District of California, case number 12MJ3305. The complaint charges Silva with wire fraud and concealing a person from arrest. The specific charges are Title 18, United States Code (U.S.C.) Section 1343, wire fraud; and Title 18, U.S.C., Section 1071, concealing a person from arrest.

The charges in this matter emanate from a multi-agency investigation conducted by the BCTF. The BCTF investigation was initiated in November 2010, after the CBP detected irregularities with Silva’s work. Specifically, the CBP reported that Silva was allowing individuals with imposter immigration documents to pass through the SYPOE. Subsequent investigation by the BCTF revealed that Silva was involved in a variety of criminal activity, some of which related to his position as a CBP officer.

The complaint alleges that in April 2012, Silva knowingly allowed Julio Cesar Landaverde Valdez, a federal fugitive, to enter the United States from Mexico through the SYPOE. Landaverde Valdez was convicted in 2006 for alien smuggling. In this matter, Landaverde Valdez and an associate tried to enter the United States through the SYPOE with an undocumented alien concealed in a dashboard compartment of the vehicle. Landaverde Valdez is Silva’s brother-in-law.

The complaint also alleges that in 2011, Silva engaged in a scheme to defraud Farmers Insurance Company by filing a false claim concerning the theft of his personal vehicle. Silva was paid $7,329.37, as a result of this false claim.

Silva has been booked into the Bureau of Prisons (BOP), Metropolitan Correctional Center (MCC) and expected to have his initial appearance before U.S. Magistrate Judge William V. Gallo, on Monday, September 10, 2012.

This matter is being prosecuted by Assistant United States Attorneys (AUSAs) from the U.S. Attorney’s Office (USAO), Southern District of California, San Diego, California.

The BCTF is composed of the CBP-Internal Affairs, CBP-Field Operations, Transportation Security Administration (TSA), U.S. Border Patrol, Drug Enforcement Agency (DEA), USAO, and the FBI.

An arrest itself is not evidence that the defendants committed crimes charged. The defendant is presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.

Philadelphia Man Charged with Assault

Kevin Hannig, 34, of Philadelphia, Pennsylvania was charged today by Indictment with assault within the territorial jurisdiction of the United States, announced United States Attorney Zane David Memeger.

If convicted the defendant faces a maximum possible sentence of 10 years’ imprisonment.

The case was investigated by the Federal Bureau of Investigation and Bureau of Prisons, and is being prosecuted by Assistant United States Attorney Neuman Leverett

Man Convicted of Manslaughter for the Killing of a Fellow Inmate at USP Canaan

The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Allen Archie Hurley, age 46, currently incarcerated at the United States Penitentiary Canaan, was convicted Thursday evening on two counts related to the death of a fellow inmate at United States Penitentiary Canaan. After a four-day trial in Scranton before United States District Court Judge Robert D. Mariani, a jury took approximately one hour to find Hurley guilty of manslaughter and the illegal possession of a weapon by an inmate.

According to United States Attorney Peter J. Smith, the evidence at trial established that on April 25, 2010, Hurley killed inmate Joseph O’Kane by stabbing him approximately 92 times in his own cell at USP Canaan. Hurley admitted at trial that he utilized a sharpened weapon commonly known as a “shiv” or “shank” to kill Joseph O’Kane but contended that he did so while acting in self defense.

In rendering its guilty verdict, the jury rejected Hurley’s self-defense claim. As a result of the conviction, Hurley faces a mandatory sentence of life imprisonment. Sentencing is scheduled for September 2012.

The case was investigated by special agents of the Federal Bureau of Investigation and the Bureau of Prisons. The case was tried by Assistant United States Attorney John Gurganus.

Former Warner Robins Councilman John Williams Sentenced

Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that John F. Williams, a formerly elected member of Warner Robins City Council, was sentenced today by the Honorable Marc T. Treadwell, United States District Judge for the Middle District of Georgia, to serve concurrent sentences of 14 months’ imprisonment, followed by one year supervised release, and to pay a $100 mandatory assessment fee on each of three counts of which he was convicted by a jury on April 25, 2012. Williams will be allowed to self-report to the Bureau of Prisons at a later date.

Williams was found guilty after a three-day jury trial on all counts of the indictment charging extortion under color of official right, in violation of Title 18, United States Code, Section 1951(a); false statements to a federal agency, in violation of Title 18 United States Code, Section 1001; and tampering with a witness, in violation of Title 18, United States Code, Section 1512(b)(3).

Count one of the indictment alleged that John F. Williams did knowingly and intentionally attempt to obstruct and affect, in any way and degree, commerce and the movement of articles and commodities in commerce by extortion and that is Williams unlawfully obtained property from another person in the form of $1,720 not otherwise due him and as a commission in relation to the sale of a vehicle to the Warner Robins Police Department.

Count two of the indictment alleged that John F. Williams did knowingly and willfully make a materially false statement to the Federal Bureau of Investigation concerning the sale of the vehicle to the Warner Robins Police Department, stating that he received no payment of money in relation to the sale of the vehicle, when, in truth and fact, Williams received a payment of $1,720 in relation to the sale.

Count three of the indictment alleged that John F. Williams attempted to corruptly persuade another person with intent to hinder, delay, and prevent that person from communicating to a law enforcement officer facts regarding the sale of the vehicle.

“This sentence sends a clear message to politicians that citizens will not tolerate corruption under any circumstances. Our citizens are entitled to know that my office will pursue those officials who violate their duties and the trust of the public they serve without hesitation,” said U.S. Attorney Michael Moore.

The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Paul McCommon.