Operation Devil’s Handshake Yields Charges Against 15 for Drug Trafficking and Firearms

BOSTON—Federal complaints were unsealed yesterday against seven individuals charged with conspiracy to distribute cocaine and cocaine base following a two-year investigation dubbed Operation Devil’s Handshake. Additionally, state authorities arrested eight individuals for related drug trafficking offenses.

A total of 15 individuals were arrested early yesterday morning. The charges are the product of a coordinated joint federal and state investigation into illegal drug trafficking activities in Worcester. Of those arrested, seven have been charged in federal complaints, and eight have been charged by the Worcester County District Attorney’s Office.

The following were arrested on federal complaints:

■Sergio Hernandez, 29, charged with conspiracy to distribute cocaine and cocaine base. He faces up to life in prison to be followed by 10 years of supervised release and a fine of up to $10 million;

■James Dunston, a/k/a “Speedro,” 29, charged with conspiracy to distribute cocaine and cocaine base. He faces up to life in prison to be followed by 10 years of supervised release and a fine of up to $10 million;

■Richard Cruz, a/k/a “Compi,” 38, charged with conspiracy to distribute cocaine and cocaine base. He faces up to life in prison to be followed by 10 years of supervised release and a fine of up to $10 million. (arrested in Puerto Rico);

■Shawna Gotsis, 26, charged with conspiracy to distribute cocaine and cocaine base. She faces up to life in prison to be followed by 10 years of supervised release and a fine of up to $10 million;

■Janette Hernandez, 53, charged with conspiracy to distribute cocaine and cocaine base. She faces up to life in prison to be followed by 10 years of supervised release and a fine of up to $10 million;

■Jeneva Hernandez, 25, charged with conspiracy to distribute cocaine and cocaine base. She faces up to life in prison to be followed by 10 years of supervised release and a fine of up to $10 million;

■Anthony Wooldridge, 27, charged with conspiracy to distribute cocaine and cocaine base. He faces up to life in prison to be followed by 10 years of supervised release and a fine of up to $10 million;

According to the redacted federal affidavit filed yesterday, the defendants distributed and supplied cocaine and crack cocaine in the Worcester area. Cruz is alleged to have shipped cocaine from Puerto Rico to Sergio Hernandez via the U.S. Mail. The cocaine was disguised in a resealed can of beans. A U.S. Postal inspector, working with DEA agents, intercepted the parcel before it was delivered in Worcester. A canning machine was recovered from Cruz’s home in Puerto Rico. It is further alleged that a number of these defendants have been convicted of crimes of violence and narcotics felonies and therefore face enhanced sentences.

United States Attorney Carmen M. Ortiz; Worcester County District Attorney Joseph D. Early, Jr.; Acting Special Agent in Charge Kevin L. Lane of the Drug Enforcement Administration’s New England Field Division; Robert Bethel, Postal Inspector in Charge, U.S. Postal Inspection Service, Boston Division; and Worcester Police Chief Gary J. Gemme made the announcement today. The following agencies provided assistance in the investigation or arrests of the defendants: Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Massachusetts State Police; Federal Bureau of Investigation, Boston Field Division; and the Worcester County Sheriff’s Office.

The federal cases are being prosecuted by Assistant U.S. Attorneys Cory S. Flashner, David Hennessy, and Mark Grady of Ortiz’s Worcester Branch Office. The state cases are being prosecuted by Assistant District Attorney Sarah Richardson and Terrence Reidy of Worcester County District Attorney Joseph D. Early, Jr.’s Office.

The details contained in the complaint and affidavit are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Former NYPD Officer Sentenced in Manhattan Federal Court for Conspiring to Distribute Firearms and Stolen Goods

Preet Bharara, the United States Attorney for the Southern District of New York, announced that GARY ORTIZ, a former New York City Police Department (NYPD) officer, was sentenced today to one year and one day in prison for engaging in a scheme involving the illegal interstate transport of firearms and stolen goods. ORTIZ was sentenced in Manhattan federal court by U.S. District Judge Paul G. Gardephe.

Manhattan U.S. Attorney Preet Bharara said: “Justice has been served today against Gary Ortiz, who tarnished his badge, violated the laws he swore to uphold, and betrayed his fellow officers, the NYPD, and the residents of New York City he swore to protect.”

According to the court filings and statements made in court:

From December 2010 to October 2011, ORTIZ, who joined the conspiracy in February 2011, and his co-conspirators, transported firearms and stolen goods, including cigarettes and other merchandise, across state lines. ORTIZ was an active duty NYPD officer at the time he committed the offenses.

ORTIZ helped steal hundreds of cases of cigarettes from trucks parked outside a warehouse and then transported the stolen cigarettes from Virginia to New York. He also participated in a scheme to transport 20 firearms, including three M-16 rifles, one shotgun, and 16 handguns—the majority of which had been defaced to remove or alter the serial number, and all of which had been disabled—from New Jersey to New York. The total street value of the goods ORTIZ helped transport across state lines was approximately $1 million. In total, ORTIZ was paid $18,000 for his role in the schemes.

In addition to the prison term, Judge Gardephe sentenced ORTIZ, 28, of Brooklyn, New York, to two years of supervised release and ordered him to pay a $200 special assessment fee. ORTIZ also has agreed to a money judgment of $18,000 representing his share of the crime proceeds, and has relinquished his interests in guns that were seized from him at the time of his arrest.

ORTIZ was originally charged in a four-count complaint along with 11 co-conspirators, many of whom were fellow NYPD officers. All of the defendants have now pled guilty, except Ali Oklu, an active duty NYPD officer at the time he allegedly committed the offenses. The charges and allegations against Oklu are merely accusations and he is presumed innocent unless and until proven guilty.

A chart containing the status of each defendant is below.

Mr. Bharara praised the investigative work of the Federal Bureau of Investigation and the Internal Affairs Bureau of the NYPD.

This case is being handled by the Office’s Public Corruption and Complex Frauds Units. Assistant United States Attorney Carrie H. Cohen is in charge of the prosecution.

California Methamphetamine Trafficker Sentenced to 22 Years in Prison for Gun and Drug Offenses

Fifth and Final Defendant Sentenced

BOISE—Mario Bautista, 36, of Bell Gardens, California, was sentenced today in United States District Court to 271 months in prison for conspiracy to distribute methamphetamine and possession, brandishment, and discharge of a firearm in furtherance of a drug trafficking crime, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Bautista to forfeit $200,000 in drug proceeds; pay $10,000 in restitution; and pay a $2,000 fine. Following his prison term, Bautista must serve five years of supervised release. He pled guilty to the charges on April 10, 2012.

According to court records, five defendants, Bautista, Shane Brizendine, Armando Saltzer, Monica Martinez, and Daniel Pena, admitted they participated in a large-scale drug trafficking ring in the Treasure Valley over a period of several years. Bautista admitted that beginning on or about May 20, 2009, and continuing to August 12, 2011, he conspired with co-defendants Saltzer, Brizendine, Martinez, and others to distribute methamphetamine. Bautista further admitted to ordering co-defendant Pena to commit a drive-by shooting on a house located in Wilder, Idaho. Pena admitted to committing this drive-by shooting, in which several bullets narrowly missed a juvenile who was asleep in the house. Additionally, Bautista admitted that in August 2011, he held several people hostage, while pointing a gun at their heads and threatening to kill them and their family because a prior drug debt was unpaid. One of the victims pleaded with Bautista not to kill her, as she was pregnant.

In sentencing Bautista, U.S. District Judge Edward J. Lodge stated, “You lived a life of intimidation and threats, and it is difficult for the court to show sympathy, when you showed no sympathy for others.” Judge Lodge noted that in addition to ordering a drive-by shooting, and threatening to kill the family members of those that had outstanding drug debts, Bautista threatened a co-defendant, advising her that if she did not pay her drug debt, he would throw acid in her face.

The four co-defendants sentenced earlier to serve federal prison sentences for conspiracy to distribute methamphetamine are Armando Jason Saltzer, of Nampa, Idaho, 160 months; Monica Martinez, of Wilder, 60 months; Shane Brizendine, of Wilder, 162 months; and Daniel Pena, of Caldwell, Idaho, 156 months. Pena also pled guilty to discharge of a firearm in furtherance of a drug trafficking crime. Saltzer, Pena, and Martinez each had prior felony drug convictions. All five defendants have been ordered to forfeit all assets derived from the drug trafficking offense.

“This case demonstrates the violence that accompanies methamphetamine trafficking organizations that come to Idaho because of our community’s insatiable desire for this very powerful, dangerous, and addictive drug,” said Olson. “Methamphetamine and those that bring it to Idaho, distribute it throughout our state, and use it in our communities, are a major threat to the safety and well-being of our citizens.”

Doug Hart, FBI Acting Supervisory Special Agent stated, “The case against Mr. Bautista and the sentence that was issued today demonstrate the seriousness of gang related drug and associated violent crimes. The FBI and the participating agencies that constitute the Treasure Valley Metro Violent Crimes Task Force are committed to the fight against gangs and drug trafficking organizations, and we will not cease in our ongoing efforts to protect the citizens of our communities from persons who are engaged in these illegal activities.”

The case was investigated by the Treasure Valley Metro Violent Crimes Task Force, one of 160 Safe Streets task forces nationwide in which local, state, and federal law enforcement agencies combine their resources and expertise to address gangs and other public safety issues across traditional jurisdictional boundaries throughout the Treasure Valley.

Brownsville Jury Convicts Customs and Border Protection Officer in Firearms Case

BROWNSVILLE—A federal jury has found Manuel Eduardo Pena, 38, a Customs and Border Protection (CBP) officer, guilty of two counts of making a false statement in a firearms record and one count of making a false statement to a federal agency, United States Attorney Kenneth Magidson announced today. Pena, of Brownsville, Texas, was convicted just a short time ago following a four-day trial and approximately four hours of deliberation.

At trial, a Homeland Security Investigations (HSI) agent testified that he witnessed Pena buy at firearm at the Academy Sporting Goods Store in Brownsville on Dec. 5, 2011. Bureau of Alcohol, Tobacco, Firearms, and Explosives Form 4473, required for firearms purchases, indicated Pena stated he was purchasing the firearm for himself. However, agents witnessed Pena take the firearm from the store and deliver it to another person in exchange for money. The person to whom he provided the firearm testified that, in fact, the gun was for him, not Pena.

Evidence was also presented that a second straw purchase was made by Pena on Dec. 19, 2011, at the same Academy store. HSI and FBI agents were present and again witnessed Pena purchase the firearm, answer that the firearm was for him and then transfer the gun to that same individual at the end of the sale.

The FBI took possession of both firearms.

Pena was arrested May 24, 2012, at which time he lied to an FBI agent, claiming he had bought the guns for his own personal hunting use and saying he used them at his deer lease before leaving them with a friend. In fact, the guns were in the possession of the FBI and clearly were straw-purchased for another person.

Pena tried to convince the jury the guns purchase were part of a “communal purchase” of firearms for a hunting lease.

Pena has been a CBP officer for 12 years and the charges are unrelated to his official duties.

United States District Court Judge Hilda G. Tagle, who presided over the trial, has set sentencing for Nov. 19, 2012, at which time Pena faces up to five years in prison and a maximum $250,000 fine on each count of conviction. Previously released on bond, Pena was allowed to remain on bond pending sentencing.

The case was investigated by agents from HSI and the FBI and is being prosecuted by Assistant United States Attorneys Oscar Ponce and Karen Betancourt.

Barren County Man Convicted of Transporting Minor Across State Lines for Illegal Sexual Activity and Brandishing a Firearm During a Crime of Violence

Jury Deliberated Just Over One Hour Before Returning a Unanimous Verdict

BOWLING GREEN, KY—A Barren County/Sidney, Ohio man was convicted by a federal jury in Bowling Green, Kentucky, of transporting a minor across state lines to engage in illegal sexual activity and brandishing a firearm in furtherance of a crime of violence, announced David J. Hale, United States Attorney for the Western District of Kentucky.

The jury deliberated just over one hour before finding Tony Glenn Harvey, age 57, guilty on both charges, on Friday, August 10, 2012. Harvey was charged in a two-count federal indictment on September 22, 2011.

According to evidence presented at trial, Harvey transported the child from Sidney, Ohio, to Smiths Grove, Kentucky, in Barren County. In late July 2011, Harvey took the child to a trailer in Smiths Grove, where he forced the child to engage in sexual intercourse and oral sex with him. He also forced her to engage in sexual intercourse and oral sex with another adult male.

On or about August 22, 2011, Harvey again transported the child from Ohio to Barren County, Kentucky. On August 24, 2011, while in Barren County, Kentucky, Harvey encouraged the child to have sex with him, and when the child told him no, he brandished a .22 caliber pistol and told her she deserved to die. Harvey also threatened to hurt himself and other family members.

Harvey faces a mandatory minimum sentence of 17 years in prison. He faces maximum potential penalties of life imprisonment, a $500,000 fine, and supervised release of at least five years, but it could be any term of years, including life.

This case is being prosecuted by Assistant United States Attorney Jo E. Lawless. The Barren County Sheriff’s Office, in close association with the Federal Bureau of Investigation, conducted the investigation.

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

NYPD Officer Sentenced in Manhattan Federal Court to 40 Months in Prison for His Role in Conspiracies to Distribute Firearms and Stolen Goods

Preet Bharara, the United States Attorney for the Southern District of New York, announced that Joseph Trischitta, a former New York City Police Department (NYPD) officer, was sentenced today to 40 months in prison for engaging in a scheme involving the illegal interstate transport of firearms and stolen goods. Trischitta was sentenced in Manhattan federal court by U.S. District Judge William H. Pauley, III.

Manhattan U.S. Attorney Preet Bharara said, “Joseph Trischitta’s sentencing today is the latest reminder of the consequences of public corruption. It does a disservice to the overwhelming majority of public servants who conduct themselves so honorably and to the people they serve.”

According to the court filings and statements made in court:

From December 2010 to October 2011, Trischitta transported firearms and what he believed to be stolen goods, including slot machines, cigarettes, and other merchandise, across state lines. Trischitta, who was on payroll as a retired NYPD officer at the time he committed the offenses, was recruited to join the conspiracy in December 2010 by its leader and organizer, NYPD officer William Masso. Trischitta helped transport firearms, including three M-16 rifles, one shotgun, and 16 handguns—the majority of which had been defaced to remove or alter the serial number, and all of which had been disabled. Trischitta and his co-conspirators also transported slot machines, thousands of cartons of cigarettes, and other counterfeit merchandise. The goods carried a street value of approximately $1 million.

The trips in which Trischitta participated included a trip to transport purportedly stolen slot machines from Atlantic City to New York, multiple trips to transport hundreds of cases of purportedly stolen cigarettes from New Jersey to New York, and the trip in which the 20 firearms were transported interstate. In total, Trischitta was paid $11,500 for his role in the schemes.

Trischitta specifically discussed with his co-conspirators using their credentials and knowledge as law enforcement officers in preparing for and carrying out the schemes. For example, in a meeting in March 2011, Masso explained that the men should carry their law enforcement badges during the operation and, if stopped, say they were police officers working off-duty to deliver items that had been purchased at an auction. When the group was discussing which vehicle to rent to transport the stolen goods, Trischitta used his knowledge as a law enforcement officer to recommend against using certain types of vehicles that law enforcement often inspect.

In addition to the prison term, Judge Pauley sentenced Trischitta, 43, of Staten Island, New York, to two years of supervised release and ordered him to pay a $50,000 fine and a $200 special assessment fee. Trischitta also has agreed to a money judgment of $11,500 representing his share of the crime proceeds and has relinquished his interests in guns seized from him at the time of his arrest.

Trischitta was originally charged in a four-count complaint along with 11 co-conspirators, many of whom were fellow NYPD officers. All the defendants have now pled guilty, except Ali Oklu, an active duty NYPD officer at the time he allegedly committed the offenses. The charges and allegations against Oklu that are contained in the complaint and the information are merely accusations and he is presumed innocent unless and until proven guilty.

A chart containing the status of each defendant is attached.

Mr. Bharara praised the investigative work of the FBI and the Internal Affairs Bureau of the NYPD.

This prosecution is being handled by the Office’s Public Corruption and Complex Frauds Units. Assistant United States Attorney Carrie H. Cohen is in charge of the prosecution.

MORE THAN 100 FEDERAL AGENTS AND POLICE OFFICERS ARREST DOZENS OF VIOLENT CRIMINALS FOR FIREARMS AND DRUG TRAFFICKING VIOLATIONS

ANAHEIM, Calif. -- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Steven J. Bogdalek and Anaheim Police Chief John Welter today announced the conclusion of a joint investigation dubbed Operation Halo, which has resulted in the arrest of defendants who are charged with crimes ranging from drug trafficking to homicide.

Operation Halo concluded this morning when more than 100 law enforcement officers fanned out across Orange County to target 49 defendants who now face criminal charges in either federal or state court.

This morning’s operation stems from a one-year investigation jointly conducted by the ATF and the Anaheim Police Department (APD) into the criminal activities of career criminals and members of a criminal street gang known as Eastside Anaheim. Today’s crackdown on the Eastside gang is the latest example of how federal and local authorities have come together to fight the most entrenched street gangs.

Eleven defendants were taken into custody on federal narcotics. A federal grand jury on Wednesday issued 11 indictments that name a total of 15 defendants. This morning, 11 of those federal defendants, most of who face charges related to the sale of methamphetamine, were taken into custody and expected to be arraigned throughout the day in United States District Court. Three of the defendants named in the indictments were already in custody.

Throughout this investigation, informants and undercover law enforcement personnel purchased 38 firearms and approximately one pound of methamphetamine. An additional two firearms and 10 pounds of methamphetamine were also seized from the streets of Anaheim during enforcement activities stemming from the undercover operation. The firearms recovered during Operation Halo include “sawed-off” shotguns, assault-style weapons and semi-automatic handguns.

During this morning’s enforcement activities, authorities seized one additional firearm, a quantity of methamphetamine, one explosive device other drugs, and cash. “ATF and its federal and local partners are dedicated to pursuing and combating those career criminals whose violent criminal activities threaten and severely detract from the welfare of our communities,” said Steven J. Bogdalek, Special Agent in Charge of the ATF’s Los Angeles Field Division. “It is essential that federal law enforcement continue to work in conjunction with local agencies to ensure that these criminals are removed from the communities. Today we have demonstrated that this mission is serious, and that with time and continued efforts it can be accomplished.”

This morning’s roundup involved officers with the APD and special agents with the ATF. The following agencies provided assistance during this morning operation: the Drug Enforcement Agency, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Orange Police Department, the Placentia Police Department, the Buena Park Police Department, the Tustin Police Department, the Garden Grove Police Department, the Fullerton Police Department, the Santa Ana Police Department, the Irvine Police Department, and the region gang task forces in Orange County.

Criminal indictments and complaints merely contain allegations and do not offer 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.

Manassas Gang Associate Sentenced to 276 Months for Role in Sex Trafficking High School Girls and for Committing Multiple Gun Crimes

ALEXANDRIA, VA—Donyel Pier Dove, aka “Bleek,” 28, of Manassas, Virginia, was sentenced today to 276 months in prison, followed by five years of supervised release, for his role as a bodyguard and driver for a gang-led prostitution business that recruited and trafficked high school girls. As part of his sentencing, Dove also was held responsible for conducting two armed robberies in Manassas, Virginia, and for possessing a firearm as a convicted felon during a burglary in Fairfax County.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Kenneth T. Cuccinelli, II, Attorney General of Virginia; Colonel David Rohrer, Fairfax County Chief of Police; James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office; and Douglas W. Keen, Manassas City Chief of Police, made the announcement after sentencing by United States District Judge Anthony J. Trenga.

“Donyel Dove was convicted for his role in a juvenile sex trafficking ring that recruited eight young girls to engage in his street gang’s prostitution business. The brutality and callousness of traffickers who prostitute minors should result in long sentences to place them behind bars where they can’t hurt our youth. Mr. Dove will have the next 23 years to reflect on his evil crime.”

“Today, we sent a clear message that participation in human trafficking at any level simply will not be tolerated in the Commonwealth of Virginia,” said Attorney General Cuccinelli. “Though nothing can take away the hurt and suffering the girls and their families have suffered as a result of Dove’s behavior, it is our hope that today’s sentencing will help them in their challenging journey to heal and move on.”

“Today’s sentence demonstrates that those who strong-arm young girls into prostitution will pay the price for their actions,” said Assistant Director in Charge McJunkin. “Along with our law enforcement partners, the FBI will continue to combat all forms of child exploitation through the pursuit of individuals who commit these heinous crimes.”

On May 17, 2012, Dove pled guilty to sex trafficking of a juvenile. According to court records, Dove was an associate of the Underground Gangster Crips (UGC), a Crips “set” based in Fairfax County, Virginia. As part of his involvement with UGC, Dove served as a bodyguard and driver in the UGC prostitution enterprise and walked with prostitutes for protection on multiple occasions. On at least two occasions, in 2009 and 2011, Dove transported or walked with two juveniles, ages 16 and 17, while they were engaging in commercial sex acts. Dove provided the juveniles with drugs, held and distributed proceeds from the prostitution, and received a portion of the proceeds himself. Dove also purchased a credit card that was used to pay for advertisements on Backpage.com to solicit customers for the prostitution enterprise.

Dove also pled guilty to using a firearm during a crime of violence in relation to two armed robberies of 7-Eleven stores in Manassas, Virginia, in March 2012. In addition, Dove possessed a gun during a March 2012 burglary in Fairfax, Virginia, despite being a convicted felon who was prohibited from possessing firearms.

Dove is the second of five UGC members or associates who have been convicted of sex trafficking of juveniles in connection with this case. Michael Tavon Jefferies, aka “Loc,” was sentenced on July 6, 2012 to 120 months in prison for his role in the enterprise. The three remaining defendants (Christopher Sylvia, Henock Ghile, and Justin Strom) are scheduled for sentencing on August 17, September 7, and September 14, 2012, respectively.

This case was investigated by the Fairfax County Police Department, the Manassas City Police Department, and the FBI’s Washington Field Office, with assistance from the Northern Virginia Human Trafficking Task Force. Virginia Assistant Attorney General and Special Assistant United States Attorney Marc J. Birnbaum and Assistant United States Attorney Inayat Delawala are prosecuting the case on behalf of the United States.

Founded in 2004, the Northern Virginia Human Trafficking Task Force is a collaboration of federal, state, and local law enforcement agencies—along with nongovernmental organizations—dedicated to combating human trafficking and related crimes.

TARGETING PHILADELPHIA AREA GUN CRIME

ATF & CBS Outdoors Partner in Ad Campaign Encourages Citizens to Report Firearm-Related

Crimes

Philadelphia – Sheree L. Mixell, Special Agent in Charge of the Philadelphia Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) today announced the launching of an advertising campaign in Philadelphia, PA., in an attempt to encourage the public to report firearm-related crimes.

Several billboards in the Philadelphia area, displaying the message pictured below, provide the public with a phone number, 1-800-ATF-GUNS, which can be utilized to report gun crime 24/7. Individuals providing information may remain anonymous. Depending on the level of assistance, citizens may be eligible for monetary awards if the information leads to a successful prosecution.

The goal of the campaign is to increase citizen involvement in making communities safer and remind the public that it can report gun crime anonymously.

ATF has worked in conjunction with CBS Outdoors Advertising, which donated a substantial amount of the advertising space on both electronic and stationary billboards throughout the city of Philadelphia and outlying areas.

More information on ATF and its programs may be located at ATF.gov.