Wednesday, November 24, 2010

Michigan Man Sentenced for Using Internet to Entice Minor to Have Sex

SPOKANE, WA—Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Timothy A. Shelly, age 47, formerly of Wyandotte, Michigan, was sentenced to 12 years in prison for enticement of a minor to engage in sexual activity and traveling interstate to have sex with a minor. He will be under federal court supervision and must register as a sex offender for the rest of his life.

This investigation began in September 2005, when the Wyandotte, Michigan, Police Department informed local authorities that they believed Timothy Shelly had been communicating on the Internet with a 13-year-old girl in eastern Washington. Subsequent investigation showed that Timothy Shelly flew from Michigan to Washington state to have sex with the 13-year-old girl over the Labor Day weekend in 2005. Law enforcement contacted the parents of the victim and they confirmed that they were aware of a Tim Shelly, but believed him to be the teenage boyfriend of their daughter, not a 41-year-old man. The investigation revealed that in January 2005, Timothy Shelly began communicating with the minor using the instant messaging features of the Internet. Initially, Timothy Shelly provided a false name and age to the victim. Timothy Shelly also sent the minor girl some candles, stuffed animals, a CD player, two rings and a bracelet, and cell phones. Eventually, Timothy Shelly enticed the victim into a sexual relationship. During the investigation, he sent her another cell phone hidden in a stuffed animal.

Michael C. Ormsby, U.S. Attorney for the Eastern District of Washington, said, "Adolescents are particularly vulnerable, especially to sexual predators that groom their victims with friendship and gifts. Children using the Internet are not necessarily safe just because they use the Internet at home. The network of dedicated law enforcement officers committed to uncovering sexual predators who prey on children are to be commended."

This case is being brought as part of Project Safe Childhood. In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys' Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. The Project Safe Childhood (PSC) Initiative has five major components:

Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue child victims Participation of PSC partners in coordinated national initiatives Increased federal enforcement in child pornography and enticement cases Training of federal, state, and local law enforcement agents Community awareness and educational programs To report these crimes, visit www.cybertipline.com or call the National Center for Missing and Exploited Children's hotline at 1-800-843-5678.

This case was investigated by the Federal Bureau of Investigation and prosecuted by Stephanie Lister, Assistant U.S. Attorney for the Eastern District of Washington.

09-CR-089-RHW.

Manhattan U.S. Attorney Announces Extradition of Colombian Paramilitary Leader to the United States on Narcotics Trafficking Charges

NOV 20 -- (Manhattan, NY) JOHN P. GILBRIDE, the Special Agent-in-Charge of the Drug Enforcement Administration's New York Field Division ("DEA"), PREET BHARARA, the United States Attorney for the Southern District of New York, and JAMES T. HAYES, JR., the Special Agent-in-Charge of U.S. Immigration and Customs Enforcement Office of Homeland Security Investigations in New York ("ICE HSI"), announced the extradition of EDER PEDRAZA-PENA, a/k/a "Don Ramon", on charges that he conspired to import cocaine into the United States and to engage in maritime narcotics smuggling. PEDRAZA-PENA, 45, a citizen of Colombia and former commander in a right-wing Colombian paramilitary drug organization, arrived in the United States Thursday, November 18, 2010 and will make his initial appearance before U.S. Magistrate Judge FRANK MAAS on Friday, November 19, 2010. The case is assigned to U.S. District Judge RICHARD J. HOLWELL.

DEA Special Agent-in-Charge JOHN P. GILBRIDE said: "Eder Pedraza-Pena is charged with smuggling tons of cocaine into the United States and today he will face the consequences of his illegal enterprise. Time and time again, law enforcement investigates and identifies those individuals behind the scenes who are responsible for organizing illegal actions such as drug trafficking. This extradition is a statement for international, local, state and federal law enforcement that we will not tolerate drug trafficking in our communities and will continue to fully identify and investigate those who make millions off the sale of poison."

Manhattan U.S. Attorney PREET BHARARA said: "As we have charged, Pedraza-Pena was a ringleader of one of the most vicious and deadly narco-terrorist groups in South America. He bankrolled his organization, in part, by allegedly smuggling their poison into the United States. Today's extradition demonstrates once again that we will work seamlessly with our law enforcement partners both here and around the world to thwart those who are exporting their illegal trade and to prosecute them to the full extent of the law."

U.S. Fire Administrator’s Thanksgiving Message

On behalf of the staff of the United States Fire Administration (USFA), I would like to take this opportunity to wish all firefighters and their families a happy and safe Thanksgiving Day.  We are keenly aware of the missed opportunities of all firefighters to be with their immediate and extended families during this time.  I am also aware that a Thanksgiving meal at a firehouse is simply not the same as one in your own home with family and friends.  As so many of you know, the next three months will be traditionally our busiest months across the nation for fires.  My wife Linda and I will keep you in our thoughts and prayers for the coming week as you continue to protect and serve those families coming together for the Thanksgiving Day observances.

As we enter into these most dangerous months of the year, I am pleased to announce our joint efforts for 2010 and 2011 with the National Fire Protection Association (NFPA) to work under the banner Put a Freeze on Winter Fires.  Given the dangers presented by heating, cooking, smoking, and holiday decorations, it is our sincere desire that all fire departments, local media, and residents of all communities take some time to focus on the dangers of fire during these three months, and take some time to make sure they are protected by smoke alarms, sprinkler systems, and know what to do should a fire occur.  I respectfully call upon all firefighters to join with the USFA and NFPA as we work to not only Put a Freeze on Winter Fires, but also ensure Everyone Goes Home.

In closing, my wife Linda and I join with the staff of the USFA to extend from our families the very best to yours this Thanksgiving.  We members of the USFA have much to be thankful for, and will continue to do whatever it takes to support the demonstrated services of this nation’s firefighters.  As we come together with our families, let us all come together this year to Put a Freeze on Winter Fires.

Glenn Gaines
Acting U.S. Fire Administrator

Sunday, November 21, 2010

Senior U.S. District Court Judge Pleads Guilty to Possession of Controlled Substances and Conversion of Government Property

WASHINGTON—Senior U.S. District Judge Jack T. Camp Jr., pleaded guilty today in U.S. District Court in Atlanta to possession of controlled substances and conversion of government property, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, Special Agent in Charge Brian D. Lamkin of the FBI’s Atlanta office and Director Vernon Keenan of the Georgia Bureau of Investigation. 

Camp, 67, a Senior U.S. District Judge in the Northern District of Georgia, pleaded guilty to two counts of unlawful possession of controlled substances and one count of conversion of government property.  Camp’s guilty plea was accepted by Senior U.S. District Judge Thomas J. Hogan for the District of Columbia, who was sitting by designation in the Northern District of Georgia. Sentencing has been scheduled for Mar. 4, 2011, at

As part of his guilty plea, Camp admitted that between May 2010 and Oct. 1, 2010, he unlawfully possessed and used cocaine, marijuana, and Roxycodone, a Schedule II controlled substance. Camp also admitted to giving an individual, whom he knew had a prior felony drug conviction, money to purchase cocaine, Roxycodone, and marijuana. Camp admitted that he unlawfully gave the individual a U.S. District Court laptop computer for her personal use. Camp was arrested on Oct. 1, 2010, after attempting to purchase drugs from an undercover FBI agent posing as a drug dealer. 

The case is being prosecuted by Trial Attorneys Deborah Sue Mayer and Tracee Joy Plowell of the Criminal Division’s Public Integrity Section. The case was investigated by the FBI Atlanta’s Public Corruption Squad. The Georgia Bureau of Investigation provided substantial assistance in this case.

Saturday, November 20, 2010

USFA and NFPA Join Forces to “Put a Freeze on Winter Fires”

Washington, DC – Citing recent fires in Pennsylvania and Florida which claimed the lives of nine children and one adult and may have been caused by space heaters, the United States Fire Administration (USFA) and the National Fire Protection Association (NFPA) announced a jointly sponsored special initiative, “Put a Freeze on Winter Fires.” USFA and NFPA want to remind everyone that fire safety and prevention are especially important in the coming months.

“These fires are a painful reminder of what we see every year – the temperatures drop and fires increase,” said NFPA President Jim Shannon. According to NFPA statistics space heaters account for about one third of the home heating fires yet more than 80 percent of the home heating fire deaths.

The “Winter Residential Building Fires” report released by USFA in 2010, reports an estimated 108,400 winter residential building fires occur annually in the United States, resulting in an estimated average of 945 deaths, 3,825 injuries, and $1.7 billion in property loss. Cooking is the leading cause of winter residential building fires at 36 percent followed by heating at 23 percent, and winter residential building fires occur mainly in the early evening hours, peaking from to

“The winter season brings the highest number of home fires than any other time of year,” said USFA’s Acting Fire Administrator Glenn Gaines. “Each winter season, home fires increase in part due to cooking and heating fires. In addition, winter storms can interrupt electrical service and cause people to turn to alternative heating sources which contribute to the increased risk of fire during the winter months.” 

USFA and NFPA have compiled a great deal of information about the various causes of fire during the winter months, winter storm fire safety, holiday fire safety and tips that will help reduce or prevent the incidence of fire in the home on their websites. This information can be found at www.usfa.dhs.gov/winter  or www.nfpa.org/winter. 

Gaines emphasized, “Winter fires are preventable. Everyone should find out what they need to know to have a safe winter season. There are simple steps each of us can take to prevent a tragedy this winter. In many cases it is just the simple matter of checking for information available at most fire departments.”

Another career criminal indicted as part of Project Exile Minneapolis

A 30-year-old felon from Minneapolis was indicted today in federal court in Minneapolis for allegedly possessing a 12-gauge shotgun, a .44 caliber handgun, and ammunition on several occasions earlier this year. The indictment charges Adonis Adolph Dorman with three counts of being an armed career criminal in possession of a firearm and four counts of being an armed career criminal in possession of ammunition. Dorman is the latest defendant charged federally through Project Exile Minneapolis.

Project Exile Minneapolis is a law enforcement initiative, launched on July 22, 2010, as part of a City-wide effort to reduce gun violence. Through Project Exile, the Minneapolis Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives work together to apprehend serial criminals for violations of gun laws. Then, the Hennepin County Attorney’s Office teams up with the U.S. Attorney’s Office to determine where those offenders will most effectively be prosecuted — State or federal court. Those determinations are based on the offenders’ criminal histories and current charges, among other factors.

The indictment in this case alleges that Dorman possessed a 12-gauge shotgun on July 25 and August 6, 2010, as well as a .44 caliber handgun on August 6, 2010. It also alleges that on July 6, 2010, he possessed two rounds of 12-gauge ammunition, and on August 6, he possessed ten rounds of 12-gauge ammunition.

According to a law enforcement affidavit filed in the case, police initially seized ammunition from Dorman during a traffic stop on July 6, 2010. Then, on August 6, the Hennepin County Violent Offender Task Force allegedly seized weapons and additional ammunition while executing a search warrant at his residence. Authorities also contend that Dorman actually threw the .44 caliber handgun out a window when police arrived at his home. Later, officers also allegedly found deleted cell-phone photographs, date-stamped July 25, showing Dorman and United States Department of Justice United States Attorney’s Office District of Minnesota News Release B. Todd Jones, United States Attorney Jeanne F. Cooney Director of Community Relations (612) 664-5611 email: jeanne.cooney@usdoj.gov another individual each holding 12-gauge shotguns.

Because he is a felon, Dorman is prohibited under federal law from possessing firearms or ammunition at any time. Dorman’s prior convictions include burglary (1999), fourth-degree criminal sexual conduct (2002), fleeing police in a motor vehicle (2002), second-degree sale of a controlled substance (2009), and unauthorized use of a motor vehicle (2009). Since at least three of those offenses were crimes of violence or serious drug crimes, Dorman is now subject to the federal armed career criminal statute, which mandates a 15-year minimum prison sentence for each count presently levied against him, if convicted. The potential maximum sentence is life in prison on each count. All sentences will be determined by a federal district court judge. This case is the result of an investigation by the Hennepin County Violent Offender Task Force, the Minneapolis Police Department, and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives – Violent Crime Impact Team. It is being prosecuted by Assistant U.S. Attorney Andrew R. Winter.

Armed Salinas Drug Trafficker Sentenced to 20 Years in Federal Prison

SAN JOSE, Calif. — An armed Salinas drug trafficker was sentenced to 20 years in federal prison yesterday by U.S. District Court Judge James Ware, United States Attorney Melinda Haag announced.

A jury found Dalmacio Ramirez Santos guilty on seven felony drug distribution and firearm charges following a two-week trial that ended in May. Evidence at trial showed that Santos, 37, sold methamphetamine to government agents on at least four different times in 2008 and 2009 in Salinas. Agents from the FBI and ATF testified about the drugs sold by Santos and a gun and ammunition found in his truck on Feb. 25, 2009. Four chemists from the DEA’s San Francisco drug laboratory testified about the drugs distributed and possessed by Santos. In total, the jury determined that Santos distributed or possessed 209.2 grams of methamphetamine and 259.3 grams of a mixture or substance containing cocaine.

The trial followed an arrest made by officers from the Salinas Police Department after they stopped and searched Santos’s truck when he ran a stop sign near an elementary school on Feb. 25, 2009. At that time, in addition to the loaded gun that was found inside a bag on the back seat of his truck, Santos possessed more than one-half pound each of cocaine and methamphetamine packaged for sale and a digital scale. Santos also possessed $4,018 in cash rolled in his pockets.

“We will not tolerate gangsters, drug traffickers, and violent felons terrorizing our community,” U.S. Attorney Melinda Haag said. “This case demonstrates the cooperation between federal enforcers and the Salinas Police Department in pursuing and prosecuting the most dangerous offenders.”

“This drug trafficker will no longer plague our communities with crimes that are inherently dangerous with the use of firearms to further a drug trafficking enterprise,” stated Special Agent in Charge Stephen C. Herkins. “The success of the investigation is attributed to the outstanding cooperation between the investigating agencies.”

As part of his sentence, Santos also must serve five years of supervised release following his prison term, pay a $700 court assessment, and forfeit his gun, ammunition, and $4,018 to the government. Santos was indicted by a federal grand jury in San Jose on March 18, 2009. He has been in custody since his arrest.

Nat Cousins, Allison Danner, and Daniel Kaleba are the Assistant U.S. Attorneys who prosecuted the case, with the assistance of legal technicians Nina Burney and Tracey Andersen. Santos’s sentencing follows a joint investigation by the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Salinas Police Department; with the assistance of the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement Homeland Security Investigations, and the Santa Cruz County Sheriff’s Office.

Friday, November 19, 2010

Kentucky Woman Sentenced for Armed Robbery of Convenience Store

INDIANAPOLIS—Teresa Gayle Bellamy, 49, formerly of Paducah, KY, was sentenced to 114 months in prison today by Chief U.S. District Judge Richard L. Young following her guilty plea to armed robbery and use of a firearm during a crime of violence, announced Joseph H. Hogsett, United States Attorney for the Southern District of Indiana. This case was the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force and the Evansville Police Department.

On September 19, 2009, Bellamy entered the Moto-Mart convenience store on
North Green River Road
in Evansville wearing a disguise and proceeded to rob the clerk while armed with a 9 mm semi-automatic pistol. Bellamy was arrested approximately 20 minutes after the robbery by Evansville police officers in possession of cash taken during the robbery.

According to Assistant U.S. Attorney Todd S. Shellenbarger, who prosecuted the case for the government, Chief Judge Young also imposed three years’ supervised release following Bellamy's release from prison. During the period of supervised release, Bellamy must submit to testing for illegal drugs and participate in counseling programs.

Western District Health Care Fraud Task Force Investigations Lead to Charges Against Two Individuals

New Multi-Agency Task Force Efforts Result in Federal Bills of Indictment

CHARLOTTE, NC—Today, the United States Attorney’s Office for the Western District of North Carolina announced two health care fraud indictments, which are the work of the newly formed Western District Health Care Fraud Task Force. This multi-agency initiative is designed to combat and eliminate health care fraud in the Western District of North Carolina.

Edward Gerard Payton, 50, of Charlotte, the former Executive Director of Mecklenburg Open Door (MOD) has been indicted on charges of embezzling $147,000 from the non-profit community mental health agency in Charlotte.

Sarah Lavonne Willis, 48, of Charlotte is charged in a 27 count bill of indictment which alleges that she submitted more than $600,000 in false Medicaid claims.

The joint Health Care Fraud Task Force is a multi-agency team of federal and state investigators from the Federal Bureau of Investigation, Department of Health and Human Services Office of the Inspector General, DEA, IRS, U.S. Postal Inspection Service, the North Carolina Attorney General’s Medicaid Investigations Unit, and the North Carolina Department of Insurance. Health Care Fraud investigations are among the Justice Department’s top priorities and this Task Force’s mission is to identify and punish those who defraud the health care system, and to reduce the potential for health care fraud in the future. The Task Force focuses on the coordination of cases, information sharing, identification of trends in health care fraud throughout the region, staffing of all whistle blower complaints, and the creation of investigative teams so that individual agencies may focus their unique areas of expertise on investigations. The Task Force builds upon existing partnerships between the agencies and its work reflects a heightened effort to reduce fraud and recover taxpayer dollars.

“Federal and state law enforcement, investigators, and prosecutors have forged an important partnership because we each understand the devastating effects of health care fraud,” said Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. “Our shared concern, goal, and mission is to protect our health care system and our taxpayers from this escalating crime. Our Task Force is an important step forward in this fight in our district. Health care fraud schemes are becoming more sophisticated and more complicated; nonetheless, we are vigorously responding with innovative and well-coordinated investigative efforts.”

The five-count federal indictment alleges that Payton embezzled $147,000 from Mecklenburg Open Door (MOD), a non-profit community mental health agency in Charlotte which provides mental health services and housing to area mentally ill individuals. Payton is charged with theft and embezzlement concerning programs receiving federal funds and theft and embezzlement from a health care benefit program. Additionally, the indictment alleges that he used an MOD corporate credit card and automobile for his personal use, in violation of MOD policy. According to the charges contained in the indictment, Payton, as Executive Director of MOD, from January 2007 to April 2010, embezzled funds from MOD by directing employees of MOD to issue additional unauthorized payments to him through a series of checks which he characterized as “loans” or “advances.” These payments totaled approximately $147,100 of MOD’s money. If convicted, Payton faces a maximum statutory penalty of 10 years’ imprisonment, a $250,000 fine, or both, as to each criminal count.

Sarah Lavonne Willis, 48, of Charlotte, is charged in a 27-count federal indictment which alleges that she submitted more than $600,000 in false and fraudulent Medicaid claims. According to the indictment, Willis is alleged to have carried out the scheme from 2007 to 2010. During this time, she falsely billed the North Carolina Medical Assistance Program (Medicaid) for behavioral therapy services which she did not provide and which were not eligible for reimbursement. Willis is also charged with seven counts alleging money laundering and two separate counts of failing to file tax returns. The indictment alleges that Willis used the proceeds of her scheme to defraud Medicaid to purchase personal vehicles, including a 2006 Bentley Continental Flying Spur, a 2007 Hummer H2, and a 2007 Dodge Charger SE. She is alleged to have also paid for personal spa services, lodging, room service, and entertainment at the Ballantyne Resort and the Ritz Carlton. During the course of the investigation of Willis, the United States Secret Service seized the following property for forfeiture to the United States: $193,283.71 in funds, a 2006 Bentley Continental Flying Spur, a 2007 Hummer H2, a 2002 Cadillac Escalade, a 2006 Chevrolet Monte Carlo, and a 2007 Dodge Charger. Federal forfeiture laws authorize the seizure of property that there is probable cause to believe constitutes proceeds of health care fraud. If convicted, Willis faces a maximum statutory penalty of 10 years of imprisonment, a $250,000 fine, or both, as to each criminal count.

Today, federal agents from the FBI and IRS executed arrest warrants against Payton. Willis is already in federal custody on unrelated charges.

“Working together to fight health care fraud can really pay off, as these cases demonstrate. By combining forces, state and federal investigators and prosecutors can better protect taxpayer dollars and consumers’ wallets,” said North Carolina Attorney General Roy Cooper.

"These cases demonstrate how federal and state agencies can leverage precious resources to fight health care fraud," said Special Agent in Charge Derrick L. Jackson of the Atlanta Region of the Department of Health and Human Services Office of Inspector General. "OIG will continue working closely with our task force partners to protect both taxpayers as well as state and federal health care programs."

“When people defraud our health care system, we all end up literally paying for their crime. Health care fraud costs this country more than $60 billion a year, which means doctor’s visits or filling prescriptions become more expensive. The members of this new task force are using a concerted and unrelenting approach to going after fraudsters who think they can escape notice,” said Owen D. Harris, Special Agent in Charge of the Charlotte Division of the FBI.

“The agencies involved are sharing information that allows investigators and prosecutors to connect the dots much faster and act swiftly to stop a rampant problem.” IRS-CI Special Agent Jeannine A. Hammett stated, “Health care fraud is a serious offense. Those who believe they can defraud the government and get away with it will find that they will be caught. IRS-Criminal Investigation special agents along with their task force counterparts will seek out those who commit fraud and make sure they do not profit from their misdeeds.”

The criminal cases announced here today are being prosecuted by Assistant U.S. Attorney Kelli Ferry of the U.S. Attorney’s Charlotte Office.

An indictment is merely an allegation, and defendants are presumed innocent until and unless proven guilty.

2 women nabbed by ICE in impersonation, harboring case

SAN JUAN, Puerto Rico - Genova Navarro, 46, of San Juan, and Dianne Racity, 44, of
Port St. Lucie, Fla.
, were arrested on Tuesday by special agents with the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) for conspiracy to impersonate a federal officer, aiding and abetting, and harboring illegal aliens.

The 10-count indictment that led to the arrest of Navarro and Racity, also charged Alicia Domench-Van Rhyn, 50, with additional charges of conspiracy to impersonate a federal officer, aiding and abetting, and harboring illegal aliens. Domenech-Van Rhyn was arrested by ICE HSI special agents on a criminal complaint on Oct. 20 on charges of impersonating a federal officer and harboring.

According to the indictment, Van-Rhyn, Navarro and Racity, would falsely represent to their clients, who were either legal permanent residents or illegal aliens, that they were federal immigration officers, employees or federal immigration judges, and that by virtue of their positions could expedite their respective application process and obtain special immigration benefits for them and their family members. They would induce these clients to pay substantial sums of money, ranging in amounts from $5,000 to $18,000, knowing full well that none of them held any official position in the federal judiciary, United States government, or any of its dependent agencies, and that the defendants would not assist these clients with their immigration needs.

"Among the various schemes and artifices being used by some unscrupulous persons are offers to provide immigration services, including ways to avoid the established channels for adjusting one's immigration status, offers to provide false and forged identity documents, even threats and false impersonation of immigration officials," said Tere Silva, resident agent in charge of the ICE Office of Professional Responsibility (OPR) in San Juan. "When these schemes are uncovered, the perpetrators will be investigated, arrested and prosecuted to the fullest extent of the law."

"These defendants took advantage of their victims by charging them substantial fees for services which they were not authorized or capable of providing. We will use every resource available to make certain that violations of this sort result in the maximum prison term available," said U.S. Attorney Rosa Emilia Rodríguez Vélez.

If convicted, the defendants could face up to 20 years in prison.

This case is being prosecuted by Assistant U.S. Attorneys Evelyn Canals and Teresa Zapata.

Gunshots Fired at East Palo Alto Police Officer Lead to Guilty Pleas, Sentencing in Federal Court

Defendants Admit to Drug Charges and Conspiracy to Retaliate Against and Tamper With Witnesses, Harboring a Fugitive and Perjury Before the Grand Jury

SAN JOSE, Calif. — Maurice Deshawn Hodge pleaded guilty on November 10, 2010, before District Court Judge James Ware to Possession with Intent to Distribute Cocaine Base and Conspiracy to Retaliate Against a Witness, and sentenced to 10 years in custody, to be followed by a 5 year period of supervised release, United States Attorney Melinda Haag announced this afternoon. The federal prison term was ordered to run consecutively to a 16-year state sentence Hodge is already serving for armed robbery and drug trafficking. The charges involve a gun that was used to fire on a uniformed East Palo Alto police officer on September 18, 2005.

Hodge was indicted on September 15, 2010 and charged with Possession with Intent to Distribute Cocaine Base, in violation of 21 U.S.C. § 841(a)(1) and Possession of a Firearm During a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c)(1)(A). He was also charged, along with co-defendants Lavar Reid, Homer Harris, and Floyd Jackson, with Conspiracy Tamper With Witness, 18 U.S.C. §§ 1512(k) 1512(a)(2)(C), 1512(b)(3); and Conspiracy to Retaliate Against a Witness, in violation of 18 U.S.C. §§1513(f), 1513(b)(2),1513(e).

According to the plea agreement of a defendant in a related case, on September 18, 2005, an East Palo Alto police officer, who was in full uniform driving a marked police vehicle, attempted to make a traffic stop. The suspects refused to yield and instead drove away at speeds of up to 100 miles per hour. During the chase, occupants of the fleeing vehicle, owned by Hodge, fired multiple gunshots at the pursuing police vehicle. The shots were fired from two firearms, a 9mm and a .40 caliber, hitting the police car twice. Fortunately, the officer was uninjured.

According to Hodge’s plea agreement, he was arrested a week later in a motel room in Sunnyvale. At the time of his arrest, Hodge possessed crack cocaine and a .40 caliber pistol that was one of two firearms used in the police shooting. Hodge also admitted in the plea agreement that he conspired with co-defendants Lavar Reid, Jr., Floyd Jackson, and Homer Harris, to retaliate against a person whom he believed had informed the police of his whereabouts. As the Assistant United States Attorney handling the case advised the court at the hearing, Hodge and his co-defendants are all members or associates of the “G-Town” and Taliban street gangs, which according to East Palo Alto police department gang experts, are affiliated.

Additionally on October 6, 2010, Lavar Reid, Jr., pleaded guilty to conspiring with Hodge to tamper with a witness in violation of 18 U.S.C. § 1512(k), 1512(a)(2)(C), and 1512(b)(3). Reid is next scheduled to appear before U.S. District Court Judge James Ware at on December 20, 2010 for sentencing. The parties have agreed, subject to the approval of the court, to a sentence of 2 years in custody, to be followed by a 3 year period of supervised release. Any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

In a related case, Jamaine Barnes previously pleaded guilty on November 23, 2009, and June 18, 2010, before Judge Ware to Perjury and Harboring a Fugitive. Those charges, according to Barnes’ admissions in court, were based on his efforts to hide Hodge by allowing him to use a motel room that Barnes had fraudulently obtained, and also lying to the grand jury about his relationship with Hodge. Barnes was sentenced by Judge Ware in two separate proceedings to a total of 37 months imprisonment. Barnes was also convicted in state court of defrauding the American Red Cross by obtaining the motel rooms fraudulently by posing as a Hurricane Katrina victim.

Homer Harris remains a fugitive, charged with Conspiring with Hodge and others to Tamper With a Witness in violation of 18 U.S.C. §1512(k), 1512(a)(2)(C), and 1512(b)(3) and to Retaliate Against a Witness in violation of 18 U.S.C. §18 USC §1513(f). Any persons having knowledge of Harris’s whereabouts are asked to contact East Palo Alto Detective Angel Sanchez at 650-464-6837 or Sgt. Jeff Liu 650-353-8506.

Floyd Jackson was murdered in January, 2010. His body was found on the shoulder of Interstate 580 in Richmond, California. According to the East Palo Alto Police Department and the San Mateo District Attorney’s Office, the attempted murder case concerning the East Palo Alto officer remains an open and continuing investigation.

Thomas O‘Connell and Daniel Kaleba are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Nina Williams and Tracey Anderson. The prosecution is the result of a continuing joint investigation by the United States Attorneys Office, the Bureau of Alcohol, Tobacco and Firearms, the East Palo Alto Police Department and the Menlo Park Police Department.

Thursday, November 18, 2010

Former Collections Specialist Sentenced for Theft from Employer

BOSTON—A Maine man was sentenced today in federal court for stealing money from his former employer, a Massachusetts software company.

United States Attorney Carmen M. Ortiz and Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Office, announced today that JOSEPH BOLDIGA, 69, was sentenced by U.S. District Judge George A. O’Toole to 41 months’ imprisonment, to be followed by three years of supervised release and restitution in the amount of $1,076,484. Boldiga, of Eliot, Maine pleaded guilty to three counts of mail fraud.

At the August 2010 plea hearing, the prosecutor told the court that had the case proceeded to trial, the evidence would have proven that over the course of a 10-year period, Boldiga, a collections specialist who was responsible for the collection of his employer’s accounts receivable, pocketed more than $1 million in payments from customers, all of which were intended for his employer. Instead of transmitting the collections to his employer, Boldiga diverted the funds into his own personal bank account and used the money for his own purposes.

The case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Lori J. Holik of Ortiz’s Economic Crimes Unit.

Former CEO of Sweezy Construction, Inc. Sent to Prison

BROWNSVILLE, TX—The former CEO of Sweezy Construction Inc. (SCI) has been sentenced to seven years in federal prison and ordered to pay $40 million in restitution for conspiring to commit bank fraud and bankruptcy fraud, United States Attorney José Angel Moreno announced today. Mitchell Kent Sweezy, 59, formerly of Harlingen, Texas, was sentenced by U.S. District Court Judge Andrew Hanen late Monday, Nov. 15, 2010, along with defendants and business entities KPS Texas Dev. Inc. and Santorini RE Investments Ltd.

As noted in his pleas of guilty and other documents filed with the court, Sweezy and former Chief Financial Officer Claude McMillon, who previously pleaded guilty to a bank fraud conspiracy in this case and will be sentenced later this week, engaged in a scheme to obtain bank loans from federally insured banks and construction performance and payment bonds from AIG for SCI construction projects using false financial statements of SCI during the years 1999 - 2001. Sweezy admitted that the financial statements were manipulated in various ways to make SCI appear to be profitable and financially sound when in fact it was insolvent. While these events were occurring, Sweezy admitted that he set up a multi-layered trust structure in 1999 and began transferring his and SCI’s assets into the trust structure in the year 2000. These transfers continued through the year 2004. The bulk of these assets were placed in the name of a limited partnership, Santorini RE Investments Ltd., which was controlled by Sweezy through his control of the managing partner of Santorini, KPS Tex. Dev. Inc., which Sweezy owned along with his former spouse.

In 2004, Sweezy and his former spouse filed for bankruptcy and failed to disclose key financial information and assets to the Bankruptcy Court, such as Sweezy’s ownership of mineral interests in land located in La Salle County, Texas. Following his pleas of guilty earlier this year, those interests became very valuable. As requested by the United States Attorney’s Office, Sweezy transferred these interests to the Bankruptcy Trustee during the sentencing process and further agreed to remit $54,000 in mineral lease proceeds to one of the victims of the fraud.

Previously, Sweezy and other defendants agreed to the transfer of a large ranch and other valuable real estate in Cameron County to the Bankruptcy Court. Those assets have since been sold for $1,580,000 and will be credited toward restitution.

Santorini and KPS were sentenced to terms of probation. Santorini, a Texas limited partnership, was used to hide ownership of a 1020 acre ranch in Cameron County, along with hundreds of thousands of dollars of cash proceeds of the fraud. KPS controlled the Santorini partnership and Sweezy controlled KPS as its president.

In a key ruling, Judge Hanen held that a valuable real estate asset held in the name of Island Daze, another limited partnership controlled by KPS and Sweezy, cannot be sold without the approval of the Probation Office. Island Daze has guaranteed a Sweezy-related bank loan in the amount of approximately $934,000 and the United States is seeking to insure that the lending institution is not left “with another bag of Sweezy debt,” as explained by Assistant United States Attorney (AUSA) Charles Lewis, who is prosecuting the case. As part of the Sweezy sentence, Judge Hanen listed the numerous banks, insurance companies, suppliers, and individuals to whom restitution is owed.

SCI failed as an entity in August 2001, and its bonded projects were taken over by AIG. Various lawsuits were then filed against SCI and Sweezy, which resulted in civil judgments in excess of $30 million. When Sweezy filed for bankruptcy in June 2004, he claimed negligible assets and debts of more than $32 million. In his bankruptcy petition, Sweezy additionally failed to disclose extensive asset transfers into the trust structure and to his son.

The case was investigated by the FBI and prosecuted by AUSA Lewis.

Wednesday, November 17, 2010

Reward Offered for Information Leading to the Identification, Arrest, and Conviction of Person(s) Responsible for the Northern Virginia Shootings

Today, the Federal Bureau of Investigation announced a reward of up to $20,000 for information leading to the identification, arrest, and conviction of the person(s) responsible for shootings at five military-related installations in Northern Virginia.

“We are following every lead that comes in and continue to call for the assistance of the public in helping us identify the person or persons responsible,” said John G. Perren, Acting Assistant Director in Charge of the FBI’s Washington Field Office. “We are confident that someone out there has additional information that will be helpful to this investigation.”

The reward, offered by the Department of Justice, is in support of the joint investigation by the FBI’s Washington Field Office, Fairfax County Police Department, Pentagon Force Protection Agency, and Prince William County Police Department.

The five shootings occurred during the overnight and early morning hours of Oct. 16th to the 17th, Oct. 19, Oct. 25th to the 26th, Oct. 28th to the 29th, and Nov. 1st to the 2nd. The shooting occurred at the National Museum of the Marine Corps, the Pentagon, a U.S. Marine Corps recruiting facility, and a U.S. Coast Guard recruiting facility. Evidence has confirmed that shots fired at each of the locations are linked to a single weapon.

Investigators believe the shooter(s) may have engaged in behaviors that the public may have observed. The shooter(s) was out during the overnight and early morning hours and may have had to provide an explanation or excuse to justify the absence from home or work. The FBI believes that the shooter(s) has a familiarity with the Northern Virginia area from living or working here. The shooter(s) may have experienced a significant personal crisis within the past several months, such as the loss of job, divorce, or financial hardship.

The FBI encourages anyone with information of suspicious behavior to contact the FBI’s Washington Field Office at 202-278-2000 or e-mail Washington.Field@ic.fbi.gov.

All information will be kept strictly confidential.

Arrest in $11 Million Ponzi Scheme

SACRAMENTO—United States Attorney Benjamin B. Wagner announced today that Christopher Jackson, 43, of Sacramento, was arrested on a complaint charging wire fraud. Jackson appeared today before Magistrate Judge Gregory G. Hollows and was released on pretrial conditions that include a bar on his selling investments of any kind.

The complaint alleges that between 2005 and 2009, Jackson, using the corporate name Genesis Innovations, recruited people to invest in real estate. The complaint further alleges that Jackson promised investors a 14 percent annual rate of return and convinced them to entrust him with their retirement savings. According to the complaint, Jackson received about $11 million dollars from investors, but only invested about $2.5 million in real estate. The complaint states that the rest of the money was used to distribute purported investment returns and to fund Jackson’s lavish lifestyle, which included a leased Lamborghini and Range Rover, a purchased BMW, frequent meals at high-end restaurants, stays at luxury hotels, and jewelry.

This case is the product of an extensive investigation by the FBI and is being prosecuted by Assistant United States Attorney Matthew D. Segal. The maximum statutory penalty for a violation of wire fraud is 20 years and a fine of the greater of $250,000 or twice the gain or loss from the offense. Any sentence will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges are only allegations and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Anyone who has invested money with Chris Jackson in the last six months is encouraged to contact the FBI at 916-481-9110.

Arkansas restaurant owner sentenced for harboring and concealing illegal aliens

HARRISON, Ark. - Sen Chen, 46, of Mountain Home, Ark., was sentenced Wednesday to five years probation, including six months of home detention, a $5000 fine, and $100 special assessment, after pleading guilty to harboring and concealing illegal aliens, following an investigation conducted by special agents with the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI).

Chen admitted in his plea agreement before Chief U.S. District Judge Jimm Larry Hendren that he provided transportation, housing, food and cash money to illegal aliens in exchange for their labor at his restaurant, Chen's Gardens Restaurant.

Chen also agreed to the forfeiture of the business property to the United States, valued at approximately $100,000, a residence valued at approximately $115,000, and a 2007 Ford passenger van.

"This case serves as a stern reminder about the consequences facing employers who exploit illegal alien labor and violate our nation's laws," said Raymond R. Parmer Jr., special agent in charge of ICE HSI in New Orleans. "Businesses that use illegal alien workers to gain an economic advantage over their competition must understand they may pay a price for those unlawful practices."

The government was represented by Assistant U.S. Attorney Kyle Waters.

Firefighter Fatality

The United States Fire Administration (USFA) has received notice of the following firefighter fatality:

Name: Chance Zobel
Rank: Firefighter
Age: 23
Gender: Male
Status: Career
Years of Service: 3
Date of Incident: 11/13/2010
Time of Incident: 1415hrs
Date of Death: 11/13/2010
Fire Department: Columbia Fire Department
Address:
1800 Laurel ST, Columbia, SC 29201-2627
Fire Department Chief: Aubrey Jenkins
Fire Department Website: http://www.columbiasc.net/fire

Incident Description: Firefighter Zobel was killed and another firefighter was seriously injured when they were struck by a motor vehicle while working a median fire on Interstate 20. Initial reports indicate that two vehicles were approaching the scene from behind. One vehicle slammed into the rear of the other, which had slowed or stopped, pushing it into a small gap between the fire apparatus and the guardrail, striking both, and also striking the two firefighters.

Incident Location: I-20 near
Clemson Road
(near mile marker 81)

Funeral Arrangements: Pending
Memorial Fund Contact and Address: Pending
Tribute is being paid to Firefighter Chance Zobel at http://www.usfa.dhs.gov/fireservice/fatalities/

To date, 76 firefighter fatalities have been reported to USFA in 2010; 74 from incidents that occurred in 2010 and 2 from previous year incidents.  Year-to-date monthly and annual USFA firefighter fatality reports are posted online @ http://www.usfa.dhs.gov/fireservice/fatalities/statistics/ff_stats.shtm.

Sunday, November 14, 2010

Houston Man Sentenced to More Than 30 Years in Federal Prison for Sex Trafficking

HOUSTON—Barry Lernard Davis, aka Sir Lewis, of Houston, has been sentenced to 405 months in prison for sex trafficking of a minor, transportation of a minor with intent to engage in criminal sexual activity, as well as coercion and enticement of an adult to engage in criminal sexual activity, United States Attorney José Angel Moreno and Texas Attorney General Greg Abbott announced today.

Davis, 34, was convicted by a jury in March 2010 following a three-day trial and one and one-half hours of deliberation. Today, U.S. District Judge Melinda Harmon, who presided over the trial, sentenced Davis to 405 months on each of the first two counts of conviction and 240 months on count three, which will all be served concurrently. The 405-month sentence will be followed by a lifetime on supervised release.

During trial testimony, the jury heard how Davis lured the victims with promises of shelter, food, and material possessions. Once under his influence, the victims were controlled with both physical and sexual violence and the threat of deadly repercussions if they left him.

Davis had convinced a then 16-year-old high school student, who had been reported missing, to turn to a life of prostitution. She testified she was photographed nude in seductive settings for the purpose of advertisements for prostitution posted online. Testimony established that Davis drove her across state lines and solicited men to have sex with her for money in a hotel in New Orleans. She said that at the time of the incidents, Davis not only knew she was 16, but also that she was pregnant. Moreover, the minor testified she feared Davis.

The adult victim also testified at trial, recounting for the jury the numerous brutal beatings she suffered at the hands of Davis, including an incident where he broke her nose and forced her to “turn a trick” minutes later. She told the jury Davis put a gun to her head and told her that if she ever left him he would hunt her down and kill her. Additionally, this victim described in detail the underworld of pimps and prostitutes known as “the game,” including the “rules” adhered to by both pimps and prostitutes. All monies she and the minor victim earned were taken by Davis.

This investigation as well as the experiences of law enforcement led to testimony by FBI special agents confirming not only the existence of this underworld and its “rules,” but that there exists a special vocabulary commonly used among those in this illicit underworld. The behavior of Davis, as testified to by the witnesses, showed he was fully engaged in the world of pimps and prostitutes. Davis forced both victims to be tattooed with either his name or initials, a common underworld practice known as “branding.”

Additionally, forensic analysis of Davis’s computer conducted by the Greater Houston Regional Computer Forensic Laboratory revealed pictures of both victims on his computer. Hotel records verified that Davis traveled out of state with the victims, which was corroborated by photos of them in several different states.

At the sentencing hearing today, the underage victim’s mother testified about the hold Davis has on her daughter and how traumatic this has been for the family.

The federal charges are the result of an investigation conducted by the FBI with the assistance of the Pasadena Independent School District Police Department. The case was prosecuted by Special Assistant United States Attorney Angela S. Goodwin and Assistant United States Attorney Sherri Zack and was brought as part of Project Safe Childhood and Innocence Lost, nationwide initiatives designed to protect children from online exploitation and domestic sex trafficking.

Project Safe Childhood is a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation. Led by United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

In June 2003, the FBI in conjunction with the Department of Justice Child Exploitation and Obscenity Section and the National Center for Missing and Exploited Children launched the Innocence Lost National Initiative. Their combined efforts were aimed at addressing the growing problem of domestic sex trafficking of children in the United States. To date, these groups have worked successfully to rescue more than 1,200 children. Investigations have successfully led to the conviction of over 600 pimps, madams, and their associates who exploit children through prostitution.

Davis has been in federal custody since his arrest in July 2009, where he will remain to serve his sentence.

Tennessee Man Sentenced for Illegally Accessing Former Governor Sarah Palin's E-Mail Account and Obstructing Justice

WASHINGTON—David C. Kernell, 23, today was sentenced to one year and one day in prison for intentionally accessing without authorization the e-mail account of former Alaska Governor Sarah Palin and obstructing justice, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney William C. Killian for the Eastern District of Tennessee. U.S. District Judge Thomas W. Phillips also imposed a three-year term of supervised released. In imposing the prison sentence, Judge Phillips recommended service at Midway Sanction Center, but noted that the Bureau of Prisons would decide where Kernell would serve his sentence.

On April 30, 2010, after a week-long trial, a jury found Kernell guilty of one count of misdemeanor unauthorized access to obtain information from a computer and one count of obstruction of justice. The jury found Kernell not guilty of wire fraud. The jury could not reach a verdict on the identity theft charge and the judge declared a mistrial as to that charge.

According to evidence presented at trial, on Sept. 16, 2008, Kernell, a resident of Knoxville, Tenn., obtained unauthorized access to former Gov. Palin’s personal e-mail account by resetting the account password. Evidence showed that after answering a series of security questions that allowed him to reset the password and gain access to the e-mail account, Kernell read the contents of the account and made screenshots of the e-mail directory, e-mail content, and other personal information. Kernell posted screenshots of the e-mails and other personal information to a public website. Kernell also posted the new e-mail account password that he had created, thus providing access to the account by others.

Evidence at trial showed that Kernell became aware on Sept. 16, 2008, after the illegal entry into the e-mail account, of a possible FBI investigation. Evidence showed that Kernell began a series of deletions of records and documents with the intent to impede an anticipated FBI investigation.

The case was prosecuted by Assistant U.S. Attorney Mark Krotoski currently detailed to the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Greg Weddle of the U.S. Attorney’s Office for the Eastern District of Tennessee. CCIPS Trial Attorney Josh Goldfoot provided significant assistance. The case was investigated by the FBI’s Knoxville field office.

Friday, November 12, 2010

Heroin Mill Dismantled in Theater District: 28 Pounds of Drugs worth $6.5 Million Seized

NOV 12 -- (Manhattan, NY) JOHN P. GILBRIDE, the Special Agent-in-Charge of the Drug Enforcement Administration's New York Field Division ("DEA"), BRIDGET G. BRENNAN, New York City Police Commissioner RAYMOND W. KELLY and New York State Police Acting Superintendent JOHN P. MELVILLE announced today the seizure of 13 kilograms of heroin worth approximately $6.5 million and the arrests of 4 individuals at an apartment building located at 417 W. 43 rd Street in Manhattan.

As a result of this investigation, the DEA’s New York Drug Enforcement Task Force set up surveillance outside the apartment building over the past several days. Yesterday afternoon, investigators observed one individual worker exit the apartment building with a large plastic garbage bag and place it in a black BMW. The driver of the car attempted to speed off as investigators identified themselves and approached the car. His escape was blocked by traffic at the corner of 43 rd Street and
10 th Avenue
and investigators were able to make the arrest. A garbage bag in the car contained refuse from heroin production, including damaged “glassine” envelopes and other packaging material.

Members of the DEA New York Drug Enforcement Task Force and Investigators from the Special Narcotics Prosecutor’s Office proceeded inside the apartment building to secure the heroin mill. They interrupted three heroin mill workers who had been busily packing heroin into user-ready “glassine” envelopes in the ground-floor, duplex apartment. Two workers tried to escape, leaving behind at least 250,000 glassines, much of it wrapped into bundles shrouded in glossy magazine paper. Each glassine sells for at least ten dollars on the street.

Piles of loose heroin and assorted drug packaging paraphernalia sat on tables where the defendants had been working assembly line-style. Several coffee grinders used to cut the drug with a diluting substance rested on the floor nearby. Many of the glassines were already stamped with the brand names, including “King Kong”, “Jersey Boys” and “95 South”, a reference to the interstate highway easily accessible through the nearby Lincoln Tunnel.

Michigan man indicted on child exploitation charges

DETROIT - A federal grand jury unsealed a 13-count indictment against a Michigan man Wednesday related to the sexual exploitation of children following an investigation by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI).

Steven Demink, 41, of Redford, Mich., was indicted by a federal grand jury in Detroit on 13 counts related to the sexual exploitation of children, U.S. Attorney Barbara L. McQuade announced.

McQuade was joined in the announcement by Brian Moskowitz, special agent in charge of ICE HSI in Detroit. The indictment alleges three counts each of conspiracy to sexually exploit children, aiding and abetting the sexual exploitation of children, online enticement and coercion, and receipt of child pornography. Each set of counts relates to Demink's online relationship with mothers of young children who sexually assaulted their children at Demink's behest.

Demink used a fictitious persona of Dalton St. Clair, a young, single father, to meet single mothers online and encourage, coerce, and entice the mothers to sexually assault their children. These mothers would then send images or provide live web camera access of the conduct to Demink.

Demink was also charged with possessing images of child pornography on his computer while at his home in Redford.
This case is a result of an HSI investigation that has spanned from Idaho, to Florida, to Virginia and involved the arrest of four mothers, and the rescue of 7 children.

"This indictment underscores the fact that there will be no refuge for child sexual predators who believe they can pursue their perverse behavior with impunity online," said ICE Director John Morton. "The vile crimes alleged here are particularly troubling and gives ICE new resolve to tirelessly pursue these predators wherever they exist."

U.S. Attorney Barbara L. McQuade said, "In child exploitation cases, our focus is on predators who are abusing children," McQuade said. "This case resulted in the rescue of seven children who were being sexually abused."

If convicted, Demink faces 15 to 30 years on the conspiracy and aiding and abetting charges, 5 to 20 years on the receipt charges, and up to 10 years on the possession charge.

The case was investigated by agents from ICE HSI. The case is being prosecuted by Assistant U.S. Attorneys Kevin M. Mulcahy and Hala Jarbou.

ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators.

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing and Exploited Children, an Operation Predator partner, at 1-800-843-5678 or http://www.cybertipline.com/.

North Texas man pleads guilty to receiving child pornography

FORT WORTH, Texas - A north Texas man pleaded guilty on Wednesday before U.S. Magistrate Judge Jeffrey L. Cureton to one count of receiving child pornography, announced U.S. Attorney James T. Jacks of the Northern District of Texas.  This case was investigated by the U.S. Immigrations and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI), the Saginaw Police Department, and the Sansom Park Police Department.

Robert John Devalk, 38, of Saginaw, Texas, has been in custody since his arrest in August 2010. He faces a maximum statutory sentence of not less than five or more than 20 years in prison, a $250,000 fine and a lifetime of supervised release. Sentencing is set for Feb. 22 before U.S. District Judge Terry R. Means.

According to documents filed with his plea, on June 25, Saginaw Police Department detectives executed a search warrant at Devalk's residence.  A forensic examination of his computer and related storage was conducted and officers discovered more than 100 images of child pornography.  Devalk admitted that he knowingly received, via the Internet, images and videos of child pornography of children ranging as young as 10 years old engaged in posing and in sexual acts.

According to the affidavit filed with a criminal complaint, on June 24, a Saginaw Police Department detective advised that during an interview, a 16-year-old victim described details of sexual encounters with Devalk that occurred at the defendant's home.  The victim stated that they had sexual intercourse and that during one of the sexual encounters, Devalk video recorded it and stored it on his computer.  The victim was able to see the sexual encounter on the computer screen as it occurred.

This investigation is part of Operation Predator, a nationwide ICE initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders, and child sex traffickers.

ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators.

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing and Exploited Children, an Operation Predator partner, at 1-800-843-5678 or http://www.cybertipline.com.

Assistant U.S. Attorney Alex C. Lewis, Northern District of Texas, is prosecuting this case.

West Texas man sentenced to more than 7 years in federal prison following child pornography conviction

LUBBOCK, Texas - A man from Big Spring, Texas, who pleaded guilty in July to a child pornography charge, was sentenced on Wednesday by U.S. District Judge Sam R. Cummings to seven years and three months in prison, to be followed by a 40-year term of supervised release. This sentence was announced by U.S. Attorney James T. Jacks of the Northern District of Texas. The case was investigated by U.S. Immigration and Customs Enforcement (ICE), the Dallas Internet Crimes Against Children (ICAC) Task Force and the Big Spring Police Department.

Specifically, Fabian Duke Trejo, 26, pleaded guilty to one count of receiving a visual depiction of a minor engaging in sexually explicit conduct. Trejo, who is in custody, must also register as a sex offender.

According to filed documents, Trejo admitted that in 2009 he used a peer-to-peer file-sharing program on his computer to download images depicting minors engaged in sexually explicit conduct. To avoid detection, and so he did not have to keep the images on his computer after he received them via the Internet, Trejo set up multiple email accounts to send images of child pornography to himself. On Nov. 12, 2009, using one of those email accounts, Trejo received a zip file entitled "2.zip," that he had sent to himself, containing at least three images depicting minors engaging in sexually explicit conduct.

Assistant U.S. Attorney Steven M. Sucsy of the U.S. Attorney's Office in Lubbock, Texas, prosecuted this case.

This investigation is part of Operation Predator, a nationwide ICE initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders, and child sex traffickers.

ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators.

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing and Exploited Children, an Operation Predator partner, at 1-800-843-5678 or http://www.cybertipline.com.

Assistant U.S. Attorney Alex C. Lewis, Northern District of Texas, is prosecuting this case.

Gambino Organized Crime Family Associate Sentenced in Manhattan Federal Court to 20 Years in Prison for Racketeering Conspiracy

PREET BHARARA, the United States Attorney for the Southern District of New York, announced that a longtime associate of the Gambino Organized Crime Family, EDMUND BOYLE, was sentenced today in Manhattan federal court to 20 years in prison. BOYLE was convicted of racketeering crimes in connection with his participation in the Gambino Organized Crime Family, including murder, witness tampering, extortion, and various property crimes. U.S. District Judge COLLEEN McMAHON, who presided over the February 2010 trial, imposed the sentence.

The evidence at trial established the following:

BOYLE became an associate of the Gambino Organized Crime Family around the late 1980's. He began his career stealing cars and later became a trusted and valuable associate of a Gambino Organized Crime Family soldier, THOMAS CARBONARO. BOYLE earned the trust and respect of Gambino Organized Crime Family members by participating in, and conspiring to participate in, increasingly serious and violent crimes with CARBONARO, including bank burglaries, a bank robbery, illegal gambling, extortion, and murder.

Around late 1997, various members and associates of the Gambino Organized Crime Family, including CARBONARO, LETTERIO DECARLO, THOMAS DONO, and JOHN MATERA, suspected FRANK HYDELL of cooperating with the government and plotted his murder. In April 1998, HYDELL was shot dead at close range in front of his car. CARBONARO later indicated that BOYLE was the shooter.

In an October 2010 Decision and Order, Judge McMAHON concluded that:

"Eddie Boyle was up to his eyeballs in the affairs of the Gambino Crime Family"
BOYLE was "the right-hand man of the notorious Gambino soldier Thomas ‘Huck’ Carbonaro"
"Boyle engaged in and/or was privy to an array of criminal activities, including murder, extortion, gambling, loansharking, and theft. Indeed, the evidence proved that Boyle personally committed more than two racketeering acts, including gambling, extortion, auto thefts and interstate transportation of stolen property."
At the February 2010 trial, BOYLE was acquitted of the substantive charges of murder in aid of racketeering and witness tampering. At sentencing, Judge McMAHON stated that the evidence demonstrated by a preponderance of the evidence that BOYLE murdered HYDELL. However, Judge McMAHON explained that the court would not ignore the jury's verdict acquitting BOYLE of the substantive murder charges and limited the sentence imposed to 20 years’ imprisonment.

In addition to BOYLE, LETTERIO DECARLO, and THOMAS DONO were convicted in March 2010 for their participation in the conspiracy that resulted in HYDELL’s murder, and each was sentenced to 180 months in prison. CARBONARO previously was sentenced to 70 years in prison for conspiring to murder HYDELL and other crimes. JOHN MATERA pled guilty in 2004 to charges including conspiracy to murder HYDELL, and received a sentence of 20 years in prison. MICHAEL DILEONARDO and FRANK FAPPIANO also pled guilty to charges relating to the murder of HYDELL and await sentencing.

Mr. BHARARA praised the investigative work of the Federal Bureau of Investigation.

This case is being handled by the Office’s Organized Crime Unit. Assistant U.S. Attorney JOHN T. ZACH is in charge of the prosecution.