Customs and Border Protection Officer Charged for Assisting Fugitive to Avoid Apprehension at Port of Entry

United States Attorney Laura E. Duffy announced that Customs and Border Protection Officer Thomas P. Silva was arraigned in federal court in San Diego today before Magistrate Judge William V. Gallo on a complaint charging him with concealing a person from arrest, in violation of Title 18, United States Code, Section 1071, and wire fraud, in violation of Title 18, United States Code, Section 1343.

As alleged in the complaint, since 2002, Silva has been employed as a Customs and Border Protection (CBP) officer with the Department of Homeland Security. During this entire time, Silva was stationed at the San Ysidro Port of Entry (POE). Prior to his arrest, Silva’s official duties included screening people and vehicles for lawful admittance into the United States.

As detailed in today’s court proceedings, Silva is charged with two separate and unrelated criminal incidents. The first charge accuses Silva of assisting fugitive Julio Cesar Landaverde-Valdez (Silva’s brother-in-law) to evade arrest at the San Ysidro POE. The complaint alleges that despite knowing that, there was an outstanding warrant for Landaverde-Valdez’s arrest, Silva allowed his brother-in-law and several passengers to pass through his lane at the POE without subjecting them to the required inspection. After verifying that his brother-in-law was still a fugitive, Silva failed to enter his brother-in-law’s personal information into the CBP database at the time his brother-in-law presented himself for inspection at the POE. In addition, Silva did not properly input into the CBP computer system the license plate number of his brother-in-law’s car in order to further avoid arrest by law enforcement officials.

According to court documents, Landaverde-Valdez had previously been convicted in federal court for transportation of illegal aliens. After failing to appear at his designated custodial commitment location, Landaverde-Valdez was charged in a separate indictment with escape, in violation of Title 18, United States Code, Section 751. Landaverde-Valdez remains a fugitive.

In addition to the charge of assisting Landaverde-Valdez to avoid apprehension, Silva is also charged with fraudulently obtaining over $7,000 from Farmers Insurance. According to the complaint, Silva illegally obtained these funds by falsely reporting to Farmers that his Nissan Titan pickup truck had been stolen while parked in Chula Vista, California. Border crossing records, however, demonstrate that Silva’s truck had been driven into Mexico approximately 10 days prior to the alleged theft and had not returned to the United States. The complaint also alleges that in making the insurance claim, Silva falsely inflated the vehicle’s purchase price.

Silva was arrested this past Friday at the San Ysidro Port-of-Entry (POE) by Border Corruption Task Force (BCTF) agents. The BCTF is a federal task force comprised of law enforcement officials from the Federal Bureau of Investigation, CBP-Internal Affairs, CBP-Field Operations, the Transportation Security Administration, and the Drug Enforcement Administration.

Magistrate Judge Gallo set a detention hearing for September 12, 2012 at 2:30 p.m.

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

DEFENDANT

Thomas P. Silva Age: 33 Chula Vista, California

Criminal Case No. 12-MJ-3306

SUMMARY OF CHARGES

Count 1: Title 18, United States Code, Section 1343 - wire fraud. Maximum penalties: 20 years in custody; $250,000; $100 special assessment; three-year term of supervised release.

Count 2: Title 18, United States Code, Section 1071 - concealing person from arrest. Maximum penalties: five years in custody; $250,000 fine; $100 special assessment; three-year term of supervised release.

INVESTIGATING AGENCIES

■Federal Bureau of Investigation

■Customs and Border Protection

■Transportation Security Administration

■Drug Enforcement Administration

Ex-TSA Officers Indicted for Conspiring and Attempting to Smuggle Drugs Through Hartfield-Jackson

ATLANTA—Two ex-TSA Officers were indicted today for conspiring and attempting to smuggle cocaine through Hartsfield-Jackson International Airport at a time when they were employed by TSA, announced Sally Quillian Yates, United States Attorney for the Northern District of Georgia. Richard C. Cook, II, 27, of Henry County, Georgia; and Timothy G. Gregory, 25, of DeKalb County, Georgia, have been indicted by a federal grand jury for multiple counts of drug trafficking. In addition to the cocaine charges, Cook was charged with attempting to possess with intent to distribute heroin.

United States Attorney Sally Quillian Yates said, “Our nation’s well-being depends, in part, on the security of its airports. Moreover, the citizens of this district are entitled to law enforcement officers who obey the laws that they have sworn to enforce. The crimes with which Cook and Gregory are charged created a breach in the security of Hartsfield-Jackson International Airport and betrayed the trust of millions of passengers who travel through this airport each year.”

James E. Ward, Special Agent in Charge, Department of Homeland Security Office of the Inspector General (OIG), Atlanta Field Office, stated, “The DHS-OIG is committed to working with our law enforcement partners to identify and aggressively investigate all allegations of corruption to protect the integrity of DHS personnel, programs, and operations. Acts of corruption within DHS represent a threat to our nation and undermine the honest and hardworking employees who strive to maintain the integrity of the Department. Corruption will not be tolerated and those who choose to break the law will be pursued vigilantly.”

Brian D. Lamkin, Special Agent in Charge, FBI Atlanta Field Office, stated, “These types of investigations are priorities within our criminal program because of the vast potential harm caused by such actions as is alleged in this indictment. The FBI will continue to work with our various law enforcement partners in identifying and aggressively investigating those individuals who would betray the public trust for personal greed.”

Chris Atwater, Assistant Chief Deputy United States Marsha, stated, “The United States Marshals Service is committed to protecting the public whose safety is entrusted to us each day. This case is an example of the agency’s commitment to ensure that those who hold a position of public trust and violate such will be fully investigated.”

According to United States Attorney Yates, the charges and other information presented in court: Beginning in January 2012, on multiple occasions, Cook and Gregory misused their positions as officers with the Transportation Security Administration (TSA) to smuggle what they believed to be illegal drugs through Atlanta’s airport security.

More specifically, on January 11, 2012, Cook met with two undercover officers, both of whom were posing as drug cartel members. During the meeting, the undercover officers provided Cook with three kilograms of fake drugs, which Cook believed to be heroin, and $3,500 in cash, which was partial payment to Cook to smuggle the fake drugs through airport security. Thereafter, Cook, who was wearing his TSA uniform, went to the airport, transported the sham drugs through the TSA security checkpoint, and delivered the sham drugs to an undercover officer inside the terminal. Cook was then paid another $4,000 in cash, which was the remaining payment for smuggling the sham drugs through security.

Similarly, on January 26, 2012, Cook met with an undercover officer before Cook reported for his TSA shift at the airport. During this meeting, the undercover officer provided Cook with three kilograms of fake drugs that Cook believed to be heroin and $4,000 in cash, which was partial payment to Cook to smuggle the fake drugs through airport security. Thereafter, Cook, who was wearing his TSA uniform, went to the airport, transported the fake kilograms through the TSA security checkpoint, and delivered the sham drugs to another undercover officer in the terminal. The undercover officer then paid Cook $3,500, which was the remaining portion of Cook’s fee for smuggling the sham drugs through security. In both sting operations, Cook believed that he was smuggling heroin through airport security.

In February 2012, Cook resigned from the TSA. However, Cook recruited TSA Officer Gregory to assist with the drug smuggling operation. Cook introduced Gregory to the undercover officers who were posing as drug traffickers and received a referral fee of $1,000.

On February 24, 2012, an undercover officer provided Gregory with five kilograms of fake cocaine and $5,000 in cash. Thereafter, Gregory, who was wearing his TSA uniform, went to the airport, transported the fake cocaine through the TSA security checkpoint, and delivered the sham drugs to another undercover officer in the terminal.

On May 4, 2012, undercover officers provided Gregory with 10 kilograms of fake cocaine, which Gregory had agreed to transport from Atlanta to Commerce, Georgia.

The indictment charges each defendant with one count of conspiracy to possess with intent to distribute cocaine and multiple counts of substantive drug trafficking. The most serious of the charges carry a maximum sentence of life in prison and a fine of up to $10,000,000. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

This case is being investigated by the Federal Bureau of Investigation, the Department of Homeland Security-Office of the Inspector General, and the United States Marshals Service.

Assistant United States Attorney Jeffrey W. Davis is prosecuting the case.

Members of the public are reminded that the indictment contains only allegations. 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.

The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following website: www.justthinktwice.com.

For further information please contact the U.S. Attorney’s Public Information Office at USAGAN.Pressemails@usdoj.gov or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.

Buffalo Man Pleads Guilty to Drug Conspiracy Charges

BUFFALO—U.S. Attorney William J. Hochul, Jr. announced today that David North, Sr., 43, of Buffalo, New York, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to possess with intent to distribute marijuana. The charge carries a maximum penalty of five years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that North conspired with Derek Frank in his drug distribution activities in Buffalo. The defendant was paid to drive a pickup truck in which marijuana was hidden from Phoenix, Arizona to Buffalo for Frank. Derek Frank then distributed the marijuana to his customers in the Western New York area.

Derek Frank pleaded guilty to conspiracy to distribute 100 kilograms or more of marijuana, and money laundering conspiracy in February 2012 and will be sentenced on July 9, 2012. In addition, Transportation Safety Administration employee Minetta Walker, U.S. Airways employee Tinisha Tucker-Anthony, city of Buffalo employee Regina McCullen, and Miguel Guzman, were each convicted for their roles in the drug trafficking conspiracy.

The plea is a part of the ongoing investigation on the part of special agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota; Transportation Safety Administration, U.S. Department of Homeland Security, under the direction of Federal Security Director, Derek DePietro; U.S. Immigration and Customs Enforcement-Homeland Security Investigations, under the direction of James C. Spero; and the U.S. Drug Enforcement Administration, under the direction of Wilbert L. Plummer, Acting Special Agent in Charge, New York Field Division.

Sentencing is scheduled for October 3, 2012 at 1:00 p.m. before Judge Arcara.

South Carolina Man Arrested for Bomb Threats to Airliner

TUCSON, AZ—Ivan Bugakov, 24, of Jacksonville, South Carolina, was arrested on May 28, 2012 and charged with false information and threats involving aircraft. That charge entails giving false information pertaining to an explosive device aboard an aircraft, knowing the information to be false, under circumstances in which the information reasonably may be believed.

The complaint alleges that Bugakov was on a U.S. Airways flight that was scheduled to depart Tucson on Monday, May 28, 2012, when he became loud, unruly, and belligerent. Because Bugakov allegedly refused to follow orders of the flight crew, the flight crew decided to taxi back to the gate and have Bugakov removed from the plane. While exiting the plane, Bugakov allegedly told the flight crew and fellow passengers that there was a bomb onboard. When confronted by airport police, Bugakov allegedly stated that he had a bomb in his carry-on luggage. All passengers were required to exit the plane and all luggage and passengers were re-screened. Bomb detection dogs were brought in to search for explosive devices, but none were found.

A conviction for false information and threats involving aircraft carries a maximum penalty of five years in prison, a $250,000 fine, or both. In determining an actual sentence, the sentencing judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

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 investigation in this case was conducted by the Federal Bureau of Investigation, Airport Authority Police, and the Transportation and Safety Administration. The prosecution is being handled by Beverly K. Anderson, Assistant U.S. Attorney, District of Arizona, Tucson.

Federal Jury Finds John Doe Guilty of Aggravated Identity Theft and Fraud Charges Involving United States Navy and Jaxport

JACKSONVILLE, FL—U.S. Attorney Robert E. O’Neill announces today that a federal jury has found “John Doe,” a/k/a Leroy, a/k/a L.T.H., guilty of seven counts of aggravated identity theft, six counts of falsely representing a Social Security number, and one count of passport fraud. As of yet, law enforcement has not affirmatively identified John Doe. He was arrested on a federal warrant while he was in state custody for fraud charges. John Doe faces a mandatory minimum sentence of two years in federal prison for each aggravated identity theft charge, up to five years in federal prison for each charge of falsely representing a Social Security number, and a maximum penalty of 10 years in federal prison for the passport fraud. He remains in the custody of United States Marshals Service pending his sentencing hearing, which is scheduled for August 27, 2012 at 10:30 a.m.

According to court documents and evidence presented during trial, John Doe assumed the identity of a living victim and had been living under that assumed identity for approximately 22 years. Using the Social Security number of the victim, he obtained at least 23 government-issued forms of identification in the name of the victim. These forms of identification included among other items, a passport, two Mayport Naval Station Military contractor identification cards, three Florida identification cards, and six replacement Social Security cards. The Mayport Naval Station identification cards allowed John Doe to have unescorted access on at least five different Navy vessels. He also used the victim’s personal identification information at JAXPORT to fraudulently obtain a Transportation Worker Identification Credentials (TWIC) badge issued by the Transportation Security Administration. The TWIC badge allowed John Doe to have unescorted access to secure areas of JAXPORT, including the Blount Island Marine Terminal.

This case was investigated by the Coast Guard Investigative Services, U.S. Customs and Border Protection, U.S. Department of State-Diplomatic State Security, Federal Bureau of Investigation, Florida Highway Patrol-Bureau of Intelligence and Investigations, Social Security Administration-Office of Inspector General, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Kevin C. Frein and Kathleen O’Malley.

T.S.A. Screeners at LAX Arrested on Federal Drug Trafficking and Corruption Charges

LOS ANGELES – The DEA today announced that two former and two current Transportation Security Administration (TSA) screeners at Los Angeles International Airport have been arrested on federal narcotics trafficking and bribery charges for allegedly taking cash payments to allow large shipments of cocaine, methamphetamine and marijuana to pass through the X-ray machines at TSA security checkpoints.

In addition to the current and former TSA officials, one drug courier is currently in state custody, and another drug courier is expected to surrender tomorrow. Authorities are continuing to search for another alleged drug courier named in a 22-count grand jury indictment that was unsealed this morning.

The indictment outlines five specific incidents in which current and former TSA employees took payments of as much as $2,400 to allow suitcases filled with drugs to pass through X-ray machines while TSA screeners looked the other way.

“This case underscores the unique nature of 21st century drug smuggling,” according to Briane M. Grey, Acting Special Agent in Charge of the DEA in Los Angeles. “Here, the defendants traded on their positions at one the world’s most crucial airport security checkpoints, used their special access for criminal ends, and compromised the safety and security of their fellow citizens for their own profit.”

“Airport screeners act as a vital checkpoint for homeland security, and air travelers should believe in the fundamental integrity of security systems at our nation’s airports,” said United States Attorney André Birotte Jr. “The allegations in this case describe a significant breakdown of the screening system through the conduct of individuals who placed greed above the nation’s security needs.”

The indictment names the following individuals:

! Naral Richardson, 30, of Los Angeles, who was arrested this morning. Richardson, who was terminated by TSA in 2010, is accused of orchestrating five incidents in which TSA screeners agreed to waive narcotics through security checkpoints.

! John Whitfield, 23, of Los Angeles, who was arrested last night. Whitfield, a TSA screener who allegedly worked with Richardson to allow nearly four kilograms of methamphetamine to pass through LAX security, is also accused of personally allowing more than 20 kilograms of cocaine to pass through LAX security.

! Joy White, 27, of Compton, who was arrested this morning. White, who was terminated by TSA last year, allegedly was stationed at LAX screening checkpoints when she allowed drugs to pass through, including a shipment of more than 20 kilograms of cocaine.

! Capeline McKinney, 25, of Los Angeles, who was arrested this morning. McKinney is a TSA screener who allegedly allowed more than 20 kilograms of cocaine to pass through her security checkpoint.

! Duane Eleby, 28, of Downey, who is expected to surrender to authorities tomorrow morning. Eleby allegedly attempted to bring almost five kilograms of cocaine through a security checkpoint, but his narcotics were seized by law enforcement when he went through the wrong security checkpoint.

! Terry Cunningham, 28, of Los Angeles, an alleged drug courier, who is currently being sought by authorities.

! Stephen Bayliss, 28, of Los Angeles, an alleged drug courier, who is currently is state custody.

All of the defendants who were arrested last night and this morning are expected to be arraigned on the indictment this afternoon in United States District Court in downtown Los Angeles. If they are convicted of the charges in the indictment, the current and former TSA officials each face stiff mandatory minimum penalties, and each would face a potential sentence of life imprisonment.

The indictment outlines five separate incidents in which the TSA officials conspired with either drug couriers or an undercover operative working with the Drug Enforcement Administration to smuggle narcotics through security checkpoints at LAX.

These incidents occurred from early February 2011 and continued until early July 2011, according to the indictment. In one incident, Richardson and White allegedly agreed that Eleby would bring about five kilograms of cocaine through a security checkpoint that was being staffed by White. But when Eleby failed to follow White’s instructions and went to the wrong security checkpoint, TSA officials uninvolved in the scheme seized Eleby’s bag, which was filled with cocaine. In the final incident outlined in the indictment, Richardson and Whitfield allegedly conspired with the DEA’s “confidential source” to allow about eight pounds of methamphetamine to pass through a security checkpoint that was being staffed by Whitfield. After the methamphetamine went through security, Whitfield met the confidential source in an LAX restroom to receive $600 in cash, which was the second half of the agreed-upon $1,200 fee for that pass through.

Richardson is charged in five narcotics conspiracies, five substantive counts of possession with the intent to distribute narcotics, and two counts of offering bribes to public officials. If convicted, Richardson faces mandatory minimum sentences of at least 10 years, and he potentially faces life without parole in federal prison. Each bribery count also carries a statutory maximum penalty of 15 years in prison.

Whitfield is charged in a conspiracy involving about four kilograms of methamphetamine, as well as substantive drug possession charges involving marijuana, cocaine and methamphetamine. Whitfield is also named as the recipient of six bribes. If he is convicted, Whitfield faces a mandatory minimum prison term of 10 years and a maximum sentence of life in prison.

White is charged in three narcotics conspiracies – involving a total of about 25 kilograms of cocaine and about 22 kilograms of marijuana – as well as three substantive drug possession counts. White is also charged with one count of receiving a bribe. If convicted, White would face a mandatory minimum prison sentence of 10 years and could be sentenced to as much as life in prison.

McKinney is charged in a cocaine conspiracy involving 20 kilograms of the drug, as well as a substantive drug possession charge and one count of receiving a bribe. If convicted, McKinney faces a mandatory minimum prison term of 10 years and a potential sentence of life imprisonment.

Eleby is charged in a conspiracy to distribute cocaine, as well as possession with the intent to distribute nearly five kilograms of cocaine. If convicted, Eleby faces a five-year mandatory minimum sentence and a maximum statutory sentence of 40 years in prison.

Cunningham and Bayliss are each in a conspiracy involving 22 kilograms of marijuana, as well as possession with intent to distribute marijuana. If convicted, each of them would face up to five years in federal prison.

“TSA has assured the investigating agencies we will do everything we can to assist in their investigation,” said Randy Parsons, TSA Federal Security Director at LAX. “While these arrests are a disappointment, TSA is committed to holding our employees to the highest standards.”

The investigation in this case was conducted by the Drug Enforcement Administration, the Los Angeles High Intensity Drug Trafficking Area (HIDTA) and the Organized Crime Drug Enforcement Task Force (OCDETF), which worked in conjunction with the Transportation Security Administration, the Office of the Inspector General for the Department of Homeland Security, the Los Angeles Police Department, the Los Angeles Sheriff's Department, the Los Angeles International Airport Narcotics Task Force, and the Los Angeles Airport Police.