Tuesday, August 24, 2010

Two Additional Arrests Made of Members of Violent International Organized Crime Group

Albanian Government Aide Arrested; Newly Unsealed Indictment Charges 17 Defendants with Murder, Kidnapping, and Other Racketeering Offenses

PREET BHARARA, the United States Attorney for the Southern District of New York, JANICE K. FEDARCYK, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation ("FBI"), and RAYMOND W. KELLY, the Police Commissioner of the City of New York, announced the arrests of FLORIAN VESHI and ALMIR RRAPO for their roles in a racketeering enterprise that engaged in murder, kidnapping, narcotics trafficking, extortion, robbery, arson, obstruction of justice, and interstate transportation of stolen goods. VESHI and RRAPO are charged in a new superseding 13-count indictment unsealed yesterday which supersedes charges previously filed against 15 other individuals, including charges of kidnapping, narcotics trafficking, robbery, and firearms crimes.

VESHI was arrested yesterday in New York City by members of the New York Joint Organized Crime Task Force, which includes agents of the FBI and detectives of the NYPD, and was detained following a court appearance in Manhattan federal court. ALMIR RRAPO was arrested by the Albanian National Police on July 2, 2010, at the request of the United States. At the time of his arrest, RRAPO was employed as the Senior Administrative Assistant to the Deputy Prime Minister of Albania.

Ten co-defendants—BRUNO KRASNIQI, SAIMIR KRASNIQI, ERKLIANT SULA, SKENDER CAKONI, a/k/a "Neri," GJOVALIN BERISHA, a/k/a "Cuz," NAZIH NASSER, a/k/a "Naz," PLAURENT CELA, GENTIAN NIKOLLI, a/k/a "Genti," SHKELZEN BALIDEMAJ, and ALBERT TAMALI, a/k/a "Berti," a/k/a "Daniel Weiss"—were arrested in June 2010 on the prior indictment in this case. GENTIAN CARA, MARJAN TAMALI, and JOANNA PAKULSKI, each residents of Canada, were arrested by the Royal Canadian Mounted Police based on requests for their provisional arrest in connection with a prior Indictment; CARA was extradited to the United States on August 6, 2010, and U.S. extradition requests for MARJAN TAMALI and PAKULSKI remain pending. Two other defendants—DUKAJIN NIKOLLAJ, a/k/a "Duke," and VISI LNU—remain at large.

As alleged in the Indictment unsealed yesterday in Manhattan federal court and other documents filed in the case:

BRUNO KRASNIQI, SAIMIR KRASNIQI, ALMIR RRAPO, ERKLIANT SULA, FLORIAN VESHI, and others participated in a racketeering enterprise (the "Krasniqi Organization") led by brothers BRUNO KRASNIQI and SAIMIR KRASNIQI, which operated in New York, Michigan, Connecticut, and elsewhere. The Krasniqi Organization sought to enrich its members through various criminal schemes, including the trafficking of more than 1,500 pounds of marijuana, and used firearms and violence to protect its power and territory, as well as to instill fear among rival drug dealers and victims.

Members of the Krasniqi Organization are charged with two separate homicides. First, as a result of a turf battle with a marijuana dealer whom the Krasniqi Organization had robbed, various members of the Organization, including BRUNO KRASNIQI, SAIMIR KRASNIQI, and ALMIR RRAPO, murdered ERION SHEHU in a drive by-shooting outside a Queens café on July 17, 2005.

Second, approximately six months later, while driving on the Brooklyn-Queens Expressway on January 14, 2006, BRUNO KRASNIQI and SAIMIR KRASNIQI shot ERENICK GREZDA twice in the head at point-blank range and dumped his body on the side of the highway. The shooting was the result of the KRASNIQIS’ belief that GREZDA had set up BRUNO KRASNIQI to be kidnapped by a group of Albanian marijuana dealers from whom the Krasniqi Organization had stolen approximately $250,000 worth of marijuana. Following the murder of GREZDA, FLORIAN VESHI and ERKLIANT SULA drove the SUV in which GREZDA was killed to New Jersey, where they set fire to it.

In addition to these murders, various members of the Krasniqi Organization are charged with two separate kidnappings. One kidnapping occurred in or about June 2005, when BRUNO KRASNIQI, SAIMIR KRASNIQI, ALMIR RRAPO, and other members of the Organization kidnapped a rival drug dealer ("Victim-2") at gunpoint, pistol-whipped him, and placed the muzzle of a firearm in his mouth, threatening to kill him if he did not disclose the locations of other members of his narcotics crew. A second kidnapping occurred in Michigan in or about 2003, when members of the Krasniqi Organization kidnapped an individual ("Victim-3") at gunpoint and threatened to kill him in a co-conspirator’s residence, because they believed that Victim-3 had disrespected another member of the Krasniqi Organization.

In addition to these charges, the defendants are also charged with having conspired to distribute more than 100 kilograms of marijuana, a drug robbery, extortions, firearms possession and use, and obstruction of justice, among other offenses.

The attached table summarizes the charges and potential penalties. The case is assigned to U.S. District Judge RICHARD J. HOLWELL.

Mr. BHARARA praised the outstanding investigative work of the FBI and NYPD in the Joint Organized Crime Task Force. He added that the investigation is continuing.

Manhattan U.S. Attorney PREET BHARARA stated: "Today, nearly five years after the brutal murders of Erion Shehu and Erenick Grezda, we announce the indictment of individuals allegedly responsible for these heinous crimes. This case reminds us that, despite the increasingly global nature of organized crime, its dangers are right here on our city streets. I applaud the unwavering commitment of and cooperative efforts of local, federal, and international law enforcement partners to dismantle international organized crime groups wherever they may be found."

FBI New York Assistant Director-in-Charge JANICE K. FEDARCYK stated: "Florian Veshi was arrested this morning for allegedly carrying out a laundry list of crimes. His co-conspirators were arrested months ago and this puts an end to the Krasniqi Organization's criminal operations. The Brooklyn neighborhood where Veshi lived will now be a safer place with him off the streets."

New York City Police Commissioner RAYMOND W. KELLY stated: "This case illustrates the nexus between marijuana trafficking and deadly violence, with rivals reverting to kidnapping and intimidation to control the market. I commend the NYPD detectives and FBI agents for their work in successfully apprehending these violent felons."

This case is being handled by the Office's Organized Crime Unit. Assistant U.S. Attorneys AVI WEITZMAN and MICHAEL FERRARA are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Coast Guard seizes $80 million in cocaine

Tuesday, August 24, 2010
Written by: LTJG Stephanie Young

The CGC Forward and CGC Tahoma crews are making headlines again!

After a valiant response immediately following the devastating earthquake earlier this year in Haiti, the crews continue to demonstrate their dedication to duty.

On August 3, CGC Forward interdicted and seized 88 bales of cocaine, with a market value of $80 million. The contraband was discovered earlier this month after the crew located a suspicious Honduran-flagged fishing vessel about 27 miles off Honduras while on a routine law-enforcement patrol in the Caribbean Sea. A CGC Forward law enforcement team boarded the vessel, located and seized 88 bales of cocaine, and detained five suspects aboard the vessel.

The five suspects and seized contraband were transferred to CGC Tahoma who offloaded the drugs in Miami, yesterday.

“The officers and crew of the Forward responded in fine fashion when presented with the suspicious circumstances surrounding the fishing vessel. Their attentiveness and ingenuity were critical in developing the probable cause necessary to ultimately seize the vessel,” said CDR Mike Stewart, Commanding Officer of CGC Forward. “It was a great effort by our teammates on the Tahoma who supported the case disposition.”

Bravo Zulu to the crews of CGC Forward and CGC Tahoma!

Monday, August 23, 2010

Former Carpenters Union Business Agent Pleads Guilty in Manhattan Federal Court to Racketeering

PREET BHARARA, the United States Attorney for the Southern District of New York; JANICE K. FEDARCYK, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (FBI); and MARJORIE FRANZMAN, the Special Agent-in-Charge for the New York Region of the U.S. Department of Labor's Office of Inspector General ("DOL-OIG"), announced today that BRIAN HAYES, a former business agent of the District Council of New York City and Vicinity (the "District Council") of the United Brotherhood of Carpenters and Joiners (the "Carpenters Union"), pled guilty in Manhattan federal court to participating in a racketeering scheme and other offenses.

According to the Indictment, other documents filed in this case, and statements made in court today before U.S. District Judge VICTOR MARRERO:

From approximately May 2004 until his arrest in August 2009, HAYES was a District Council business agent appointed to Local 608. HAYES was also an elected officer of Local 608 and, prior to being appointed a business agent, he was a longtime shop steward with Local 608. In these capacities, HAYES owed the District Council, Local 608, and their members a fiduciary duty of loyalty and honest services.

In pleading guilty today, HAYES admitted to participating in the affairs of the Carpenters Union through a pattern of racketeering activity, to taking a cash bribe payment from at least one contractor, and to obstructing and giving false testimony in a civil case brought by the U.S. Attorney's Office for the Southern District of New York to address a history of union corruption and organized crime influence within the District Council.

HAYES pled guilty to one count of racketeering conspiracy, which carries a maximum sentence of 20 years in prison, and one count of racketeering, which also carries a maximum sentence of 20 years in prison. HAYES is scheduled to be sentenced by U.S. District Judge VICTOR MARRERO on December 3, 2010 at 3 p.m.

HAYES is the ninth of 10 defendants in the case to plead guilty. Trial as to the remaining defendant, JOSEPH OLIVIERI, is scheduled to begin on October 18, 2010, before Judge MARRERO. The charges contained in the Indictment against that defendant are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Mr. BHARARA praised the FBI and the DOL-OIG for their outstanding work in investigating this case.

The prosecution is being handled by the Office's Organized Crime Unit. Assistant U.S. Attorneys LISA ZORNBERG and MARK LANPHER are in charge of the prosecution.

Bloomfield Township Man Convicted on Federal Bank Fraud and Conspiracy Charges

A 46-year-old Bloomfield Township, Michigan man was found guilty today by a federal jury in Detroit on charges of bank fraud and bank fraud conspiracy United States Attorney Barbara L. McQuade announced.

Murphy was joined in the announcement by Andrew Arena, Special Agent in Charge, Bureau of Investigation.

Found guilty was William King.

The jury deliberated for less than one day before returning the verdict, concluding a week-long trial before United States District Marianne O. Battani.

The evidence presented at trial showed that King executed a scheme to defraud area banks by falsifying employment and income information for loan applicants who then applied for loans on boats that did not exist. At least three loans were applied for each in excess of $200,000. However, arrests were made before any loan proceeds were disbursed.

“This case clearly demonstrates the U.S. Attorney’s Office’s commitment to aggressively prosecute any individuals engaged in bank fraud in the Eastern District of Michigan,” United States Attorney McQuade said.

McQuade commended the work of the agents of the FBI in the investigation.

A sentencing date in November has been set. King faces a maximum term of imprisonment of 30 years.

Friday, August 20, 2010

Tennessee Man Charged in Connection with Sex Trafficking Scheme

WASHINGTON – A federal grand jury in the Western District of Tennessee indicted Terrence Arnett Yarbrough, aka “T-Rex,” on four counts of sex trafficking by force, fraud, and coercion against minor and adult female victims. Yarbrough, Michelle Johnson and Norma Yarbrough Webb were additionally charged in the indictment with conspiracy to fraudulently obtain food stamps.

The charges include allegations of sex trafficking of two minor and two adult female victims, during the time period between June 2006 and August 2009. Specifically, the indictment alleges that through the use of force, fraud and coercion, Yarbrough caused the women to commit commercial sex acts for his own financial benefit.

The conspiracy count alleges that on Sept. 26, 2009, and continuing until Feb. 28, 2010, Yarbrough, Johnson and Webb conspired to unlawfully acquire and possess food stamp coupons, authorization cards and access devices. According to the indictment, while Yarbrough was incarcerated in Lincoln City , Mo. , he conspired with Webb to apply for food stamp benefits on his behalf. Webb then submitted an application to the Tennessee Department of Human Services that stated that Yarbrough resided at a particular address in Memphis , Tenn . The indictment also alleges that Johnson used the fraudulently-obtained benefits to purchase food at various stores in Missouri . The food stamps, authorization cards and access devices were valued between $100 and $5,000, and were used to support the female victims.

If convicted of sex trafficking, Yarbrough could face a maximum sentence of life in prison. If convicted of conspiracy, Yarbrough could face a maximum sentence of five years in prison.

An indictment is merely an accusation and the defendants are presumed innocent unless proven guilty.

The case is being investigated by the FBI. It is being prosecuted by Assistant U.S. Attorney Steve Parker from the U.S. Attorney ’s Office for the Wester n District of Tennessee, and Jonathan Skrmetti, a Trial Attorney with the U.S. Department of Justice ’s Civil service Rights Division.

Chicago CBP Officers Arrest Fugitive Sex Offender

Chicago — On Aug. 18, U.S. Customs and Border Protection (CBP) officers at Chicago O’Hare International Airport arrested Yuri Ermakov, 28, on a 2007 warrant for sexual assault. A fugitive for three years, Ermakov who was a high school coach, was convicted of a sex crime involving a student.

In July 2007, Ermakov, an assistant track coach at University High School in Champaign, Ill., was convicted of criminal sexual assault of a 15-year-old girl. He was also convicted of contributing to the delinquency of a minor for providing alcohol to two underage girls. While the jury was in deliberation on his court case, Ermakov fled to his native Russia.

Three years later, CBP officers at O’Hare apprehended Ermakov when he arrived on a flight from France and turned him over to the FBI and University of Illinois police in Champaign, Ill. after processing his arrival.

“CBP officers arrested this sex offender after a positive identity match revealed that he was the subject of a National Criminal Information Center or NCIC warrant,” said Brian Humphrey, acting CBP Director of Field Operations in Chicago. “This is another fine example of our CBP border search authority in action and partnership with our law enforcement partners to catch fugitives who try to run from the law.”

While welcoming and processing all legitimate travelers and trade into this country, CBP officers enforce a host of U.S. laws at the borders to keep terrorists and other dangerous persons such as fugitives out of our neighborhoods. CBP also prevents narcotics, agricultural pests and smuggled goods and other contraband from entering and exiting the country.

El Paso CBP Officers Make Half-Million Dollar Currency Seizure

El Paso, Texas – U.S. Customs and Border Protection (CBP) officers performing southbound inspections at the Stanton Street international crossing in downtown El Paso seized $530,170 late Wednesday morning. The money was concealed in a single tire.

CBP officers at the El Paso port of entry seized $530,170 in smuggled currency on Wednesday, August 18, 2010. The money was hidden inside a spare tire. A man was arrested after trying to transport the unreported currency to Mexico.

The seizure was made shortly before noon when a 2006 Chevrolet 2500 arrived at the southbound crossing attempting to enter Mexico. CBP officers were performing outbound inspections and selected the vehicle for a thorough exam. CBP officers used a “Buster” density meter on the vehicle and received high readings consistent with concealed contraband when checking the spare tire. A CBP currency detecting dog also alerted to the tire. CBP officers opened the tire and spotted bundles of currency inside. They removed a total of $530,170 of unreported currency from the tire.

CBP officers at the El Paso port of entry seized $530,170 in smuggled currency on Wednesday, August 18, 2010. The money was hidden inside a spare tire. A man was arrested after trying to transport the unreported currency to Mexico.

“This is an exceptionally large and significant currency seizure,” said William Molaski, CBP Port Director in El Paso. “Every last dollar we stop from being smuggled out of the country makes it that much harder for criminal organizations to further their illegal pursuits.”

U.S. Immigration and Customs Enforcement (ICE) special agents arrested the driver of the vehicle on currency smuggling charges. He is identified as 40-year-old Francisco Castaneda Castillo of Ciudad Juarez, Mexico. He is currently detained at the El Paso County Detention Facility.

The seizure is the largest made by CBP officers in El Paso since an $802,720 outbound seizure made at the Bridge of the Americas on Sept. 11, 2009. Individuals are permitted to carry any amount of currency or monetary instruments into or out of the U.S. If the quantity is $10,000 or higher, they must formally report the currency to CBP.

While anti-terrorism is the primary mission of U.S. Customs and Border Protection, the inspection process at the ports of entry associated with this mission results in impressive numbers of enforcement actions in all categories.

Border Patrol Arrest Murder Suspect

McAllen, Texas — U.S. Border Patrol agents assigned to the McAllen station in coordination with the McAllen Police Department and the Hidalgo County Sheriff’s Office arrested a man wanted for murder.

On Wednesday, agents were called to the Embassy Suites Hotel parking lot by McAllen police officers in reference to a man claiming to be a Mexican national illegally in the United States. The man was transported to the McAllen Border Patrol station where his fingerprints and photographs were submitted into a law enforcement database for analysis. The checks indicated that the man had an extensive criminal history with outstanding warrants, one of which was for murder, issued by the Hidalgo County Sheriff’s Office. Once agents told the man they had discovered the warrants, he admitted to being a United States citizen. The Hidalgo County Sheriff’s Office was contacted and assumed custody of the subject.

“The coordinated efforts between three law enforcement agencies, the McAllen Police Department, Hidalgo County Sheriff’s Office, and the U.S. Border Patrol, have ensured that a murder suspect is off our valley streets,” Acting Chief Patrol Agent Ricardo E. Aguirre said. “Concerted efforts like these between sister law enforcement agencies are what keep our communities and citizens safe.”

Thursday, August 19, 2010

CBP Officer Saves Child from Choking

Nogales, Ariz. — A U.S. Customs and Border Protection officer at the Mariposa Port of Entry came to the aid of a 4-year old child, who was choking.

The event took place last night, as the boy and his mother were waiting to cross southbound into Mexico. The officer, on detail from Long Beach, Calif., responded to the mother’s call for help, after her son began to choke on a piece of hard candy. The officer, Enrique Ruiz, ran to the vehicle and took hold of the child and began performing the Heimlich Maneuver. The procedure was successful in being able to dislodge the object. The mother and her child were asked whether they felt a need for additional medical attention, to which they replied no. The woman, a B1/B2 visa crossing card holder told officers she had crossed with her son, who is a US Citizen, to make a visit to a local retail store.

Nogales Acting Port Director Craig Hope praised the swift action of Officer Ruiz, “Our personnel are all trained to deal with a variety of scenarios, while on duty. While this type of situation doesn’t present itself often, it’s re-assuring to know they (CBP officers) can handle whatever comes their way.” Hope added, “In this case, Mr. Ruiz saved life of a young boy, which is above and beyond the call of duty.

158 arrested in Utah's largest ever ICE-led gang enforcement action

Authorities credit new multi-agency task force for record arrests

SALT LAKE CITY - A total of 158 gang members and individuals with gang ties, including many with prior criminal records, are facing new criminal charges or deportation following a four-month, multi-agency anti-gang surge spearheaded by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) that represents the largest operation of its kind ever carried out in the state.

The arrests are the result of a coordinated effort by the new ICE-HSI-led Operation Community Shield Task Force (OCSTF) made up of personnel from ICE and five local law enforcement agencies, including the Utah County Major Crimes Task Force, and the police departments of South Salt Lake, Midvale, Ogden and St. George. Utah is one of the first ICE-HSI offices in the nation to establish an OCSTF, along with Dallas, Texas; St. Paul, Minn.; and Charlotte, N.C. The aim of the task forces is to leverage ICE's global reach and broad legal authorities with the unique capabilities of other law enforcement agencies to combat the growth and proliferation of transnational criminal street gangs.

At a news conference Thursday morning, the Utah U.S. Attorney, the Special Agent in Charge for ICE-HSI in the Rocky Mountain region, and representatives from the other agencies participating on the task force detailed the results of the operation that involved criminal and administrative immigration arrests in 23 communities statewide, as well as in neighboring West Wendover, Nev.

"This joint operation brings together local and federal resources to target individuals who are in the country illegally and committing crimes in our communities," U.S. Attorney Carlie Christensen said. "The federal cases we are prosecuting as a result of this operation involve individuals who were previously deported and are now back in Utah communities involved in criminal activities. Prosecuting these individuals deters and disrupts gangs and directly and positively impacts the quality of life in our communities. As such, these cases remain a priority for the U.S Attorney's Office."

Of the gang members and gang associates arrested during the enforcement action, 93 are facing prosecution on federal and state criminal charges ranging from solicitation to commit aggravated murder and forcible sexual abuse to drug and firearms violations and re-entry after deportation. A re-entry conviction is a felony that carries a potential penalty of up to 20 years in prison. Individuals currently facing state charges will be referred for federal immigration charges once the state charges are resolved.

"The record number of arrests during this anti-gang operation is a direct result of the teamwork by the newly established task force and the extraordinary support we received from the numerous other law enforcement agencies involved," said Kumar Kibble, special agent in charge of ICE-HSI in the Rocky Mountain region. "This effort shows our collective resolve in Utah to attack and dismantle these dangerous criminal organizations. For too long, street gangs here and elsewhere have used violence and intimidation to hold communities hostage - as this operation shows, now it's the gang members who have something to fear."

Among the gang members facing federal criminal charges is a 28-year-old documented member of the Surenos-Alley Boys street gang who was previously deported to Mexico in March 2006. Jose Daniel Gil-Velasco was taken into custody by ICE-HSI agents in Provo, Utah, on Aug. 6. Gil-Velasco has a lengthy criminal record, including prior convictions for aggravated assault (two counts), carrying a concealed dangerous weapon and attempted theft. Gil is charged federally with re-entry after deportation.

Also facing re-entry after deportation charges is Juan Menchaca-Poban, 26, a member of the Toonersville Rifa 13 street gang, whose criminal history includes prior arrests for retail theft and drug possession, as well as a felony conviction for distributing a controlled substance. Menchaca-Poban was taken into custody by the Salt Lake Metro Gang Unit and ICE-HSI agents in Salt Lake City on June 3. At the time of his arrest, Menchaca-Poban was wanted on an outstanding state criminal warrant for narcotics distribution. Upon completion of his state sentence, Menchaca-Poban will be presented for federal prosecution for felony re-entry after deportation.

Of the 158 gang members and gang associates arrested during the operation, 125 are foreign nationals from the following five countries: Argentina, El Salvador, Honduras, Mexico and Peru. The group includes 31 individuals who have been previously deported from the United States. The foreign nationals who are not being prosecuted on criminal charges are being processed for removal. A number of them have already been deported to their native countries.

The enforcement action focused on individuals with ties to more than 50 street gangs in four of the state's major metropolitan areas: Salt Lake City, Provo, Ogden and St. George. The operation commenced in the Salt Lake City area in early April and culminated last week with arrests in and around Provo, Utah. Below is a break down of the arrests by community.

In addition to the members of the Community Shield Task Force, numerous other federal, state and local law enforcement agencies assisted with the operation. Those agencies include: the U.S. Marshals Service; the Utah Highway Patrol; Utah Adult Probation and Parole; the Washington County Drug and Gang Task Force; the Salt Lake Metro Gang Task Force; the sheriffs' offices in Summit, Cache, Washington and Iron counties; and the police departments in Brigham City, Logan City, Tremonton, Santa Clara, Hurricane, Ivins, La Verkin, Orem, Cedar City and Wendover, Nev.

The Utah enforcement surge is part of ICE-HSI's ongoing anti-gang nationwide initiative known as Operation Community Shield. Since Operation Community Shield began in February 2005, ICE agents nationwide have arrested more than 18,000 gang members and gang associates, including more than 350 individuals in Utah.

Under Operation Community Shield, ICE-HSI is using its powerful immigration and customs law enforcement authorities in a coordinated, national campaign against criminal street gangs across the country. As part of the effort, HSI's National Gang Unit identifies violent street gangs and develops intelligence on their membership, associates, criminal activities and international movements to deter, disrupt and dismantle gang operations.

Transnational street gangs have significant numbers of foreign-born members and are frequently involved in human and contraband smuggling, immigration violations and other crimes with a connection to the border.

Fort Leonard Wood Woman Pleads Guilty to Death of Infant Daughter

SPRINGFIELD, MO—Beth Phillips, United States Attorney for the Western District of Missouri, announced that a woman at Fort Leonard Wood, Missouri pleaded guilty in federal court today to killing her infant daughter.

Kristin Marie Phillips, 35, of Fort Leonard Wood, pleaded guilty before U.S. District Judge Ortrie D. Smith to involuntary manslaughter in the death of her 11-month-old daughter, Alexis Phillips, in February 2008. Phillips’ husband was a soldier who was deployed to Iraq at the time of the offense.

By pleading guilty, Phillips admitted that she acted with criminal negligence that resulted in the death of her infant daughter by dehydration.

On Feb. 21, 2008, at approximately 9:15 p.m., members of the Fort Leonard Wood Military Police, along with emergency medical services, were dispatched to Phillips’ residence on the premises of Fort Leonard Wood to respond to two unintelligible phone calls placed to the Fort’s 911 system. Upon arrival, responding officers were directed to the master bedroom. The officers forced entry into the bedroom and observed Phillips laying in bed, clutching the lifeless body of Alexis. As the responders offered assistance, Phillips became agitated and began screaming at the responders, saying “Don’t touch me, take care of my baby, why aren’t you taking care of my baby?” and “Let me die, get away from me and let me die.”

The responders found Alexis to be unresponsive, without a pulse and cold to the touch. They quickly determined that she was deceased. Next to the bed, responders found two empty prescription medication bottles, one for Flexeril and the other for Ultram, and a bottle of Southern Comfort.

The Pulaski County coroner took custody of the body of Alexis and Phillips wastransported the Fort Leonard Wood Army Hospital Emergency Room.

Three other children were located inside the residence. Members of the Criminal Investigation Division, who arrived on scene shortly after the Military Police Units, began a search of the house. The residence was in a condition of disarray and unclean. The master bedroom where the victim was found contained a portable crib. The crib was heavily soiled and contained a standing pool of what appeared to be a mixture of urine, and feces. Investigators also located a large number of empty bottles of liquor. A heavily soiled baby outfit and overfilled diapers were located buried under a pile of other garbage.

At the emergency room, military doctors treated Phillips for a drug and alcohol overdose and admitted her for psychiatric treatment.

On Feb. 22, 2008, Dr. Doug Anderson, a forensic pathologist, performed an autopsy of Alexis at Cox South Hospital in Springfield, Mo. The autopsy revealed that Alexis had no broken bones, bruising or injury to her head or brain. Alexis was determined to have chemical burns to the skin, apparently caused by immersion in urine. Alexis’s legs were covered with dried, “apparent diarrhea stool.” Dr. Anderson also noted that Alexis’s lungs were congested. Examination of Alexis’ digestive tract revealed minimal contents. Dr. Anderson classified Alexis’s death as a homicide caused by dehydration secondary to neglect.

Phillips acknowledged in today’s plea agreement that she should have sought medical care for Alexis and that her failure to do so was criminally negligent. She attributed her failure to provide necessary care to her compromised mental state, but agreed that she is responsible for Alexis’s death because she failed to be aware of the substantial and unjustifiable risks associated with Alexis’s illness and her age, ultimately resulting in dehydration and her death. Phillips also acknowledged that this failure constituted a gross deviation from the standard of care which a reasonable person would have exercised in the same situation.

Under the terms of today’s plea agreement, Phillips and the government agree to a sentence of eight years in federal prison without parole, which is the statutory maximum. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Jim Kelleher. It was investigated by the Federal Bureau of Investigation and the Criminal Investigation Division of the United States Army.

Mayor of New Roads Indicted

BATON ROUGE, LA—The Office of the United States Attorney announced today that, as part of an ongoing investigation known as Operation Blighted Officials, a federal grand jury has returned a superseding indictment charging THOMAS A. NELSON, JR., age 40, of New Roads, Louisiana, with violating the Racketeer Influenced and Corrupt Organizations (RICO) Act, wire fraud, using an interstate facility in aid of racketeering, making false statements to the FBI, and forfeiture. If convicted, NELSON, who is the mayor of the city of New Roads, Louisiana, faces up to 65 years' imprisonment and a $1,750,000 fine.

The superseding indictment alleges that NELSON obtained thousands of dollars in cash and other things of value, such as tickets to sporting events, luxury hotel rooms, and meals from businesspeople in exchange for using his position as mayor for the benefit of the businesspeople in connection with transactions NELSON believed were worth millions of dollars. The superseding indictment further alleges that NELSON deprived the citizens of New Roads of his honest services as mayor and lied to the Federal Bureau of Investigation.

This ongoing investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office with assistance from the U.S. Department of Housing and Urban Development, Office of Inspector General. This matter is being prosecuted by Assistant United States Attorney Corey R. Amundson who serves as the Senior Deputy Criminal Chief and Assistant United States Attorney M. Patricia Jones who serves as the Senior Litigation Counsel.

NOTE: An indictment is a determination by a grand jury that probable cause exists to believe that offenses have been committed by a defendant. The defendants are presumed innocent until and unless proven guilty at trial.

Poland Man Charged with Receiving and Possessing Child Pornography

Richard E. Heinz, 51, of Poland, Ohio, was charged with receiving and possessing visual depictions of minors engaged in sexually explicit conduct, Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, announced today.

The Indictment charges that from on or about January 4, 2007, through on or about February 13, 2009, Heinz utilized the Internet to download images of child pornography. Thousands of images of child pornography were found on his desktop computers and CD/DVD discs.

If convicted, the sentence in this case will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Northern District of Ohio Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Federal Bureau of Investigation, Youngstown Resident Agency.

An indictment is only a charge and is not 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

Canton Man Charged with Receiving, Distributing, and Producing Child Pornography

Timothy B. Israel, 37, of Canton, Ohio, was charged with receiving and distributing visual depictions of minors engaged in sexually explicit conduct, and production of visual depictions of a minor engaged in sexually explicit conduct, Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, announced today.

The Indictment charges that from on or about December 31, 2007, through on or about August 20, 2009, Israel received visual depictions of child pornography through the use of a computer. Israel also utilized the computer to distribute visual depictions of child pornography between the dates of November 4, 2008 and July 17, 2009. In addition, Israel produced visual depictions of a minor engaged in sexually explicit conduct and transmitted the images through interstate commerce, according to the charges.

This case is being prosecuted by Northern District of Ohio Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Federal Bureau of Investigation, Canton Resident Agency.

An indictment is only a charge and is not 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

Task Force Tracks Wanted Sex Offender to West Virginia

Akron, OH – U.S. Marshal Peter J. Elliott announces the apprehension of fugitive sex offender Jeff Withrow late Tuesday evening in Rand, West Virginia. Withrow, age 44, was wanted by the Medina County Sheriff’s Office for failure to register as a sex offender and the Ohio Adult Parole Authority for escape. The U.S. Marshals Northern Ohio Violent Fugitive Task Force was requested to assist in locating and apprehending fugitive Withrow on the outstanding warrants.

Withrow was convicted in 1994 on charges of gross sexual imposition of a six year old female. Withrow is a habitual offender for failing to register his place of residency with the Adult Parole Authority and the Sheriff’s Office. Withrow was supposed to register in West Virginia but never registered.

The Northern Ohio Violent Fugitive Task Force worked the case for several weeks with the assistance of the Medina County Sheriff’s Office, Medina Police Department, Medina County Prosecutor’s Office, Brunswick Police Department and the Ohio Adult Parole Authority. With no solid leads, the Task Force profiled the fugitive in the local media as a wanted sex offender and received an anonymous tip that he had returned to his mother’s residence in West Virginia. The Task Force then reached out to the U.S. Marshals Cops United Felony Fugitive Enforcement Division (C.U.F.F.E.D.) Task Force in West Virginia and requested assistance with the apprehension of Withrow.

The C.U.F.F.E.D. Task Force immediately responded and apprehended Withrow at his mother’s residence in Rand, West Virginia without incident. It was reported that Withrow had been living in a tent in the woods near his mother’s property while evading law enforcement. The arrest was captured on video in West Virginia as the C.U.F.F.E.D. Task Force had a television crew riding along with them during the apprehension. The video can be viewed at http://www.wchstv.com/newsroom/eyewitness/100817_2632.shtm . Withrow will be extradited to Ohio to face the charges.

U.S. Marshal Pete Elliott stated, “Thanks to the media and concerned citizens, we were able to bring this fugitive back into custody and ensure his location is known by law enforcement and the public as mandated due to his status as a convicted sex offender. This was a great job done by all involved.”

Anyone with information regarding the whereabouts of any known fugitive is encouraged to contact the U.S. Marshals Northern Ohio Violent Fugitive Task Force at: 1-866-4-WANTED. Callers may remain anonymous.

The Northern Ohio Violent Fugitive Task Force Akron Division is composed of the following federal, state, and local agencies: Akron Police Department, Barberton Police Department, Bath Township Police Department, Boston Heights Village Police Department, Brimfield Township Police Department, Brunswick Hills Police Department, Bureau of Alcohol, Tobacco & Firearms, Copley Township Police Department, Cuyahoga Falls Police Department, Kent Police Department, Medina Police Department, New Franklin Police Department, Northfield Village Police Department, Norton Police Department, Ohio Adult Parole Authority, Portage County Prosecutor’s Office, Portage County Sheriff’s Office, Reminderville Police Department, Stow Police Department, Summit County Prosecutor’s Office, Summit County Sheriff’s Office, Twinsburg Police Department, U.S. Attorney’s Office, U.S. Secret Service, U.S. Marshals Service and University of Akron Police Department.

Missouri man pleads guilty to racketeering conspiracy

KANSAS CITY, Mo. - A local man pleaded guilty in federal court on Monday to his role in a criminal enterprise involving illegal aliens working in 14 states, including employees at hotels in the Kansas City, Mo., area and in Branson, Mo. This plea was announced by Beth Phillips, U.S. Attorney for the Western District of Missouri. The case was investigated by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI), and other federal, state and local law enforcement agencies.

Andrew Cole, 55, of St. Charles, pleaded guilty before U.S. District Judge Ortrie D. Smith to the charges contained in a Jan. 7 superseding indictment.

Cole admitted that, from December 2007 to May 2009, he engaged in a racketeering enterprise that involved forced labor trafficking, fraud in foreign labor contracting, and transporting illegal aliens. Cole also pleaded guilty to fraud in foreign labor contracting, which is the first conviction nationwide under that federal statute.

The federal RICO (Racketeer Influenced and Corrupt Organizations Act) indictment alleges an extensive and profitable criminal enterprise in which hundreds of illegal aliens were employed at hotels and other businesses across the country. The criminal enterprise used false information to acquire fraudulent work visas for these foreign nationals.

Cole admitted that he was responsible for negotiating labor leasing contracts involving foreign nationals. Cole controlled Advantage Labor Services and represented Crystal Management Inc., which were both racketeering entities, and which supplied illegal workers to fulfill labor leasing contracts.

Cole recruited workers from the Dominican Republic by falsely representing the terms, conditions, and nature of their employment as hotel workers in the Kansas City, Mo., area. At the time Cole recruited these foreign workers, he knew that they would not be paid the wages promised and that many of them would be sent outside the Kansas City area to work in factory positions in Alabama. Cole also knew that threats of deportation and other adverse immigration consequences would be made to these foreign workers by members of the criminal enterprise in order to keep them compliant.

Cole also admitted that he assisted in transporting and housing illegal aliens in Wyoming, outside of the parameter of their visas, in substandard housing conditions.

Cole is the fifth co-defendant to plead guilty.

Ilkham Fazilov, 45, a citizen of Uzbekistan residing Kansas City, Mo., pleaded guilty to the racketeering conspiracy on Aug. 16. Fazilov was the nominee organizer of Five Star Cleaning LLC, and Suncoast Hospitality Inc., which were fictitious shell companies used to fraudulently obtain work authorization for foreign nationals, and to conceal the unlawful proceeds of the criminal enterprise. Fazilov handled the payroll for the foreign workers and executed fraudulent ETA-750 petitions, which falsely claimed an exaggerated need for workers. These workers were placed for employment outside the parameters of the petition in violation of federal law. Fazilov also opened bank accounts for these shell companies and wire transferred unlawful proceeds to facilitate enterprise activities.

Jakhongir Kakhkharov, 30, a citizen of Uzbekistan, pleaded guilty to the same charge on March 16. Kakhkharov acted as head of Midwest Management Inc., a nominee entity established as part of the criminal enterprise to launder the illegal proceeds of the enterprise and to avoid paying taxes. Kakhkharov admitted that he laundered a total of $634,192 in unlawful proceeds between July and December 2007. He also admitted that he used apartments in the Kansas City, Mo., area to house illegal aliens between July 2007 and January 2008.

Alexandru Frumusache, 25, a citizen of the Republic of Moldova residing in Kansas City, Kan., pleaded guilty on Oct. 7, 2009, to forced-labor trafficking. Between September 2008 and the end of April 2009, Frumusache aided and abetted others in a scheme to cause foreign workers (including citizens from the Philippines, Dominican Republic, and Jamaica) to believe that they would be deported, or their H2B work visas would be cancelled, or they or their families members would be penalized with a $5,000 to $10,000 fee, if the foreign workers failed or refused to work where and when they were ordered to work.

Frumusache also admitted that he aided and abetted others in subjecting the foreign workers to terrible living conditions without food, furniture or appropriate sleeping arrangements. They assigned more foreign workers than each living space allowed and the foreign workers were subjected to sleeping on the floor or mattresses. They utilized the housing arrangement as an additional way to profit off of the foreign workers by overcharging them in rent and automatically withdrawing the fees from the foreign workers' pay checks.

Abdukakhar Azizkhodjaev, 50, a citizen of Uzbekistan residing in Panama City, Fla., pleaded guilty to misprision of a felony. Azizkhodjaev admitted that, while he was employed at Giant Labor Solutions between June 2006 and December 2007, his employer failed to withhold payroll taxes from Azizkhodjaev's salary, thus committing evasion of corporate employment tax. Azizkhodjaev concealed this offense by neglecting to file a tax return.

Under federal statutes, Cole is subject to a sentence of up to 25 years in federal prison without parole, plus a fine up to $250,000 and an order of restitution. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

This case is being prosecuted by Assistant U.S. Attorney William L. Meiners and Trial Attorney Jim Felte with the U.S. Department of Justice's Human Trafficking Prosecution Unit.

This case was investigated by ICE-HSI, the FBI, U.S. Department of Labor, OIG's Office of Labor Racketeering and Fraud Investigations, the Internal Revenue Service's Criminal Investigation, the Kansas Department of Revenue's Criminal Investigations, U.S. Citizenship and Immigration Services, and the Independence, Mo., Police Department in conjunction with the Human Trafficking Rescue Project.

Wednesday, August 18, 2010

Missouri Man Pleads Guilty to Racketeering Conspiracy and Fraud in Foreign Labor Contracting Charges

WASHINGTON – Andrew Cole pleaded guilty today to racketeering conspiracy and fraud in foreign labor contracting charges arising from his role in a criminal enterprise that engaged in numerous criminal activities, including forced labor, fraud in foreign labor contracting, visa fraud, mail fraud, identity theft, tax evasion and money laundering, the Justice Department announced today.

According to court documents, Cole recruited various foreign nationals from the Dominican Republic by falsely representing the terms, conditions and nature of their employment as hotel workers in the Kansas City area. At the time Cole recruited these foreign nationals, he knew that they would not be paid the wages promised, that many would be sent to work in factory positions in Alabama and that threats of deportation and other adverse immigration consequences would be made to the foreign nationals by members of the criminal enterprise in order to maintain the foreign nationals’ labor.

"The defendant took advantage of foreign workers’ hopes to live the American Dream. He recruited them with false promises and with the knowledge that these workers would be exploited and their labor coerced," said Assistant Attorney General for the Civil Rights Division Thomas E. Perez. "The Department of Justice will continue to vigorously prosecute these cases."

Multiple co-defendants have previously pleaded guilty in connection with the case. Ilkham Fazilov pleaded guilty on Aug 9, 2010, to racketeering conspiracy for his role in aiding and abetting others in the scheme. Jakhongir Kakhkharov also pleaded guilty to racketeering conspiracy on March 17, 2010. Alexandru Frumusache pleaded guilty on Oct. 7, 2009, to forced labor trafficking. Trial for the remaining defendants is set for Oct. 18, 2010.

The case was investigated by the Department of Homeland Security, the FBI, the Department of Labor, the Internal Revenue Service, the Kansas Department of Revenue and the Independence, Mo., Police Department. U.S. Attorney Criminal Chief Gene Porter, Assistant U.S. Attorney William Meiners and Civil Rights Division Human Trafficking Prosecution Unit Trial Attorney Jim Felte prosecuted this case for the government.

Yonkers Man Sentenced in White Plains Federal Court to Six Years in Prison for Child Pornography Offenses

PREET BHARARA, the United States Attorney for the Southern District of New York, announced that WILLIAM EISENBERGER, 27, of Yonkers, New York, was sentenced to six years in prison, and 10 years of supervised release, for distributing and possessing child pornography. EISENBERGER pled guilty on February 19, 2010, before U.S. District Judge CATHY SEIBEL, who imposed today’s sentence in White Plains federal court.

According to statements made during the sentencing proceeding and documents filed in this case:

Between August 2009 and October 2009, EISENBERGER distributed files containing child pornography images from his personal computer in Yonkers, New York, over the Internet via a peer-to-peer networking program. During the investigation, special agents of the FBI also seized EISENBERGER’s external hard drive, which contained more than 800 pictures and more than 100 videos of child pornography. EISENBERGER was arrested on December 18, 2009.

At today’s sentencing proceeding, Judge SEIBEL stated that a six-year sentence was appropriate because of, among other things, the volume, variety, and nature of the images that EISENBERGER possessed. Judge SEIBEL further stated that a 10-year period of supervised release was appropriate given the need for continued treatment and supervision.

Manhattan U.S. Attorney PREET BHARARA praised the investigative work of the FBI in the case.

This case is being handled by the Office's White Plains Division. Assistant U.S. Attorneys SARAH R. KRISSOFF and KATHRYN MARTIN are in charge of the prosecution.

Tuesday, August 17, 2010

CBP Officers Find $285,000 in Spare Tire at Douglas Port of Entry

Douglas, Ariz. - U.S. Customs and Border Protection officers stopped an illegal exportation of currency when officers searched a spare tire and found that it was being used to conceal more than $285,000.

On Aug. 12 at approximately 8:30 p.m., CBP officers were screening traffic going into Mexico as part of a southbound operation. The officers selected a 1995 Chevy S-10 pick-up truck for further inspection. The vehicle was being driven by a 46-year-old man identified as a U.S. citizen and resident of Douglas. Utilizing high-tech equipment, CBP officers discovered that the man was attempting to smuggle more than $285,000 out of the United States by concealing the money in a spare tire and securing it underneath the bed of the pickup he was driving.

CBP officers seized the vehicle and the undeclared currency. The man was turned over to the custody of Immigration and Customs Enforcement for further investigation and prosecution.

“This is a significant money seizure,” said George De La Ossa, acting chief supervisor over Outbound Operations at the Douglas Port of Entry. “These types of money seizures represent more than just money lost by the drug trafficking organizations. These revenues are what supply the weapons and the means for these organizations to disrupt governments and pose threats to our nation. Customs and Border Protection remains committed in strengthening our borders.”

Checkpoint Operations Net Cash Seizure

Tucson, Ariz. – After a recent successful cash seizure of $20,000 on Aug. 5 by CBP officers at the Nogales port of entry, U.S. Border Patrol agents seized $240,000 yesterday during checkpoint operations at the Interstate 19 checkpoint.

While conducting primary inspections, a canine team alerted to a tractor-trailer. Upon further examination at the secondary inspection area, agents uncovered 27 packages of U.S. currency stashed among cargo. The currency and trailer were seized. The driver was held for processing.

Border Patrol checkpoints, enhanced by canine units, continue to prove their effectiveness as part of the agency’s defense-in-depth strategy of disrupting the channels used for human and contraband smuggling.

“Seizing cash impacts the smugglers where it hurts most — their pockets,” stated Patrol Agent in Charge of the Nogales Station Thomas Rudd. “Our canine units at checkpoints help our agents to more effectively detect contraband and impede smuggling efforts.”

Border Patrol agents in the Tucson Sector continue to be vigilant to all threats and remain committed to stemming the flow of contraband along our nation’s borders.