Online Criminal Justice News

PENSACOLA, FLORIDA – David Ernesto Nolasco Soriano, 31, of El Salvador, made a first appearance and had a detention hearing on Friday, February 22, 2019, in Pensacola in the U.S. District Court for the Northern District of Florida. United States Attorney Lawrence Keefe of the Northern District of Florida made the announcement.

Nolasco Soriano was a fugitive who was located in Pensacola and arrested on February 20 at 3:10 p.m. near the Cordova Mall by the FBI and the Pensacola Police Department. Nolasco Soriano was working in Pensacola and Destin and has a Pensacola mailing address. United States Magistrate Judge Charles J. Kahn Jr. detained Nolasco Soriano and ordered the U.S. Marshals to transport him back to Maryland to await trial. Assistant United States Attorney and Border Security Coordinator James M. Ustynoski handled the detention hearing in the Northern District of Florida.

U.S. Attorney Keefe said: “This case is an example of law enforcement agencies, prosecutors, and Organized Crime Drug Enforcement Task Forces throughout the nation working together to dismantle dangerous gangs. My office is committed to pursuing a safer North Florida, Maryland, and all communities in between.”

Assistant United States Attorney Kenneth S. Clark in the District of Maryland is prosecuting the case. The District of Maryland charged Nolasco Soriano with:

Conspiracy to participate in a racketeering enterprise;

Conspiracy to murder, maim, assault with a dangerous weapon, and assault resulting in serious bodily injury in aid of racketeering; and

Attempted murder, maiming, and assault with a dangerous weapon resulting in serious bodily injury in aid of racketeering.

An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt in a court of law.

The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

FRESNO, Calif. — Alberto Perez, 31, of Fresno, was sentenced today by U.S. District Judge Lawrence J. O’Neill to eight years and four months in prison for being a felon in possession of a firearm and ammunition, U.S. Attorney McGregor W. Scott announced.

According to court documents, on June 26, 2017, while riding in a car in the area of Highway 99 and Ventura, Perez fired shots at a car, intending to hit an occupant inside the vehicle. Perez later discussed the shooting in a call with Carlos Montano, who is charged and has pleaded guilty to drug trafficking, firearms, and sex trafficking offenses in a related criminal case. Agents monitoring the intercepted communications were able to further connect Perez to the shooting using various investigative techniques. In September, 2017, investigators obtained a search warrant and found ammunition at Perez’s residence.

The charges are the product of an investigation by the DEA, FBI, HSI, ATF, the Fresno Police Department, the Fresno County Sheriff’s Office, and the Multi-Agency Gang Enforcement Consortium (MAGEC), with assistance from the California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Kimberly A. Sanchez and Jeffrey Spivak are prosecuting the case.

This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.

This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

FRESNO, Calif. — Nikko Adolfo Perez, 26, of Atwater, pleaded guilty today to the sexual exploitation of children, coercion and enticement of a minor, and receipt and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.

According to a criminal complaint, Perez, using the Instagram screen name captainamerica272018, victimized two boys, ages 8 and 10, in Utah by coercing them to create and send him images of them engaged in sexually explicit conduct. Perez offered to pay the boys with Google Play credits if they engaged in requested sexual acts or poses, and when one of the victims said he would call 911, Perez threatened to disseminate the sexually explicit images of the victims. He also threatened to harm family members of the victims.

Perez admitted in a plea agreement that he also used Skype, Kik, Discord, Snapchat, and LiveMe to communicate with between 50 and 100 minors for the purpose of soliciting sexually explicit images of those minors. He admitted that he persuaded the victims to pose nude or engage in sexually explicit activities, sometimes with other minors. He admitted that he often paid victims to engage in this conduct, and he sent some of the material that he had requested to other people.

Perez is scheduled to be sentenced by Chief U.S. District Judge Lawrence J. O’Neill on May 20, 2019. Perez faces the following possible penalties: a mandatory minimum term of 15 years and a maximum of 30 years in prison for the sexual exploitation count; a mandatory minimum of 10 years to a maximum of life in prison for the coercion and enticement count; and a between 5 and 20 years in prison for the one count of receipt of child pornography. For all counts there is a potential $250,000 fine and a lifetime term of supervised release. The actual sentence, however, 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.

This case is the product of an investigation by the Salt Lake City Police Department and the Federal Bureau of Investigation offices in Salt Lake City, Utah and Fresno. Assistant U.S. Attorney David Gappa is prosecuting the case.

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

OAKLAND – James Philip Lucero was sentenced today to 30 months in prison for the unpermitted discharge of pollutants into waters of the United States, including wetlands, announced United States Attorney David L. Anderson, Environmental Protection Agency (EPA) Special Agent in Charge Jay M. Green, Federal Bureau of Investigation Special Agent in Charge John F. Bennett, and United States Corps of Engineers Deputy San Francisco District Counsel Jesse L. Anderson. The sentence was handed down by the Honorable Haywood S. Gilliam, United States District Judge.

On February 21, 2018, a federal jury convicted Lucero, 59, of Carmel, Calif., of violating the Federal Clean Water Act. The evidence at trial demonstrated Lucero, a self-described “dirt broker,” orchestrated the illegal discharge of pollutants into waters of the United States adjacent to Mowry Slough, part of the Don Edwards San Francisco Bay National Wildlife Refuge located in Newark, Calif. As a dirt broker, Lucero charged a fee to contractors and trucking companies in exchange for providing open space to dump fill material, including construction debris. The defendant caused approximately 1800 industrial-sized truckloads of construction debris and fill material to be dumped on private property containing federally-protected wetland and other waters of the United States, without applying for or obtaining a permit from the U.S. Army Corps of Engineers or the Environmental Protection Agency, or obtaining permission from the landowner. A federal grand jury handed down a Superseding Indictment on January 31, 2017, charging Lucero with causing dirt, soil, and other materials to be discharged from a point source into waters of the United States, including over ten acres of wetlands and more than an acre of other waters of the United States. Lucero was convicted on all three counts of unpermitted filling of wetlands and tributaries, in violation of 33 U.S.C. §§ 1311, 1319(c)(2)(A), and 1344.

“Protecting the long-term health and integrity of San Francisco Bay, including its tributaries, wetlands, connecting waters, and associated plant and wildlife, are of the utmost importance to the United States,” said U.S. Attorney Anderson. “Today’s sentence should serve as a stern warning to anyone contemplating taking steps to illegally dump in the waters of the United States.”

“The tidal marsh at issue in this case is protected under both the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899,” said Jay M. Green, Special Agent in Charge of EPA's criminal enforcement program in California. “Today’s sentence demonstrates that EPA and its law enforcement partners will not tolerate illegal dumping into waters of the United States.”

In addition to the prison term, Judge Gilliam ordered Lucero to serve twelve months of supervised release upon his release. A hearing to determine the amount restitution has been set for May 28, 2019. Judge Gilliam ordered Lucero to surrender and to begin serving his sentence on April 22, 2019.

Assistant U.S. Attorneys Philip J. Kearney and Shiao C. Lee prosecuted the case with the assistance of paralegals Alycee Lane and Helen Yee. The prosecution is the result of an investigation by the Environmental Protection Agency, the Federal Bureau of Investigation, the Alameda County District Attorney’s Office, and the NewarkPolice Department.

PHOENIX – Today, Giordano Jackson, 40, of Teesto, Ariz., was sentenced by U.S. District Judge Diane J. Humetewa to life imprisonment for the murder of the victim. Jackson was convicted at a jury trial in November 2018 on all charges, including first degree murder, two counts of assault with a dangerous weapon, assault resulting in serious bodily injury, and kidnapping. In addition to life imprisonment for the murder, Judge Humetewa also sentenced Jackson to ten years’ prison for every other count for which he was convicted.

Jackson, a violent criminal with multiple felony assault convictions in his past, had a history of committing domestic violence against the victim. In July 2017, Jackson beat the victim and dragged her by her hair with enough force to pull chunks of hair out of her head. Then, in September 2017, Jackson brutally beat the victim to death outside his house in Teesto. When Navajo Nation Police Officers arrived to investigate, Jackson was lying in wait and assaulted two of the officers with a machete. Both Jackson and the victim are members of the Navajo Nation, as are the responding police officers that Jackson assaulted, and the crimes all occurred on the Navajo Nation Indian Reservation.

At the sentencing hearing, the victim was described as a beloved mother, daughter, and friend and a cherished member of her community. Judge Humetewa noted that the victim had endured “the most brutal death that one can imagine” and concluded: “There comes a time when a person forfeits his right to walk among society. Mr. Jackson, your time has come.”

The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorneys William G. Voit and Sharon K. Sexton, District of Arizona, Phoenix.

Felon Illegally Possessed Firearms; Following State Arrest and Release on Bail He Killed Three People in Vancouver, Washington

A Longview, Washington, man who was convicted in July 2016 of a triple homicide in Vancouver was sentenced today in U.S. District Court in Tacoma to an additional ten years in federal prison for two federal felonies involving illegal weapons possession, announced U.S. Attorney Brian T. Moran. BRENT LUYSTER, 37, was convicted following a three-day trial in November 2018 of being a felon in possession of firearms and being a felon in possession of ammunition. At the sentencing hearing U.S. District Judge Benjamin H. Settle imposed a ten-year sentence to be served consecutive to LUYSTER’s state sentence. Judge Settle said, “There is a great need to be concerned at protecting the public . . . this case warrants the maximum sentence.” For the state murder convictions, LUYSTER had been ordered to serve a state sentence of life in prison with no chance of parole. The federal sentence of ten years will follow this state sentence.

“The hatred and violence embodied by this defendant is truly abhorrent,” said U.S. Attorney Brian T. Moran. “This sentence is a safety net – to hold him accountable for his federal crimes – but also to ensure that regardless of his state convictions and sentence, Brent Luyster will remain locked up to protect our communities.”

According to the evidence at trial in the case, Cowlitz County Sheriff’s deputies were called to a Longview home in May 2016 after a woman fled to a neighbor’s home saying she had been assaulted and her child was missing. The woman told responding officers that LUYSTER had hit her in the head with a gun. Another neighbor reported hearing gunshots. Ultimately, officers located LUYSTER on a hillside behind the house and convinced him to surrender. He had ammunition in his pockets, and at the location where he had been concealed on the hillside, officers recovered three firearms: a Bushmaster rifle, a Glock .40 caliber handgun, and a Keltec .12 gauge shotgun. Additional ammunition was discovered on the hillside. Inside the house where LUYSTER lived, law enforcement found five additional rifles and a handgun. The investigation revealed that LUYSTER’s live-in girlfriend had purchased the weapons for LUYSTER. LUYSTER was prohibited from possessing firearms due to multiple felony convictions, including convictions for assault, burglary, theft, malicious harassment, and riot with a deadly weapon.

Following the May 16 assault, while state charges were pending in Cowlitz County, LUYSTER shot and killed three people and critically injured a fourth on July 15, 2016, at a home near Woodland, Washington. He was convicted of three counts of aggravated first degree murder in November 2017.

While incarcerated at the Federal Detention Center at Sea-Tac, LUYSTER informed another inmate that he planned to assault a guard or make a violent disturbance at his trial. A search of his cell revealed two weapons LUYSTER had crafted out of parts of his bed–one a homemade knife and the other a weapon that looked like a screwdriver.

LUYSTER has a long and violent criminal history, including racially motivated attacks. In 2001, he beat an African-American man who stepped on his property in search of his dogs. Four years later, he was convicted of Malicious Harassment for shooting an African-American man in the leg. In 2014, he threatened an African-American man in a bar. LUYSTER also has a history of domestic abuse.

The case was investigated by the Cowlitz County Sheriff’s Office, Longview Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and the Federal Bureau of Investigation (FBI).

The case is being prosecuted by Assistant United States Attorneys Bruce Miyake and Ye‑Ting Woo.

ALBANY – The first of two co-defendants charged in the armed robbery of an Albany bank was found guilty following a four day trial, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. A citizen jury found Kamilyah Whitlock, 25, of Albany guilty late Thursday afternoon on all charges, Bank Robbery and Brandishing a Firearm. The trial began Monday, February 18, 2019 and was presided by the Honorable Leslie Gardner, U.S. District Judge. A sentencing date has not been scheduled. The penalties for these crimes are a maximum 25 years in prison for Bank Robbery, and a maximum of life in prison for Brandishing a Firearm.

Ms. Whitlock was masked when she robbed The Renasant Bank at 721 N. Westover Blvd., Albany, GA on November 6, 2017 with more than a dozen customers and employees inside, 1:30 p.m. on a Monday. A co-defendant in this case, Shataz Hampton, 25, of Albany, is charged with one count of Bank Robbery and one count of Brandishing a Firearm. No date has been set for Mr. Hampton’s trial.

“This armed robbery struck fear in the hearts of the people of this community. I want to thank the FBI, Albany Police Department and other state and local law enforcement for their hard work investigating this matter” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. “The people of Southwest Georgia want a safe place to raise their families. This conviction sends a message that law enforcement is committed to providing safe neighborhoods to all of our citizens.”

The case was investigated by the Albany Police Department and the FBI. Assistant U.S. Attorney Leah McEwen is prosecuting the case for the Government.

Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.

HAMMOND- Richard Seeger, Jr, 55 years old, of Lafayette, Indiana, was sentenced before District Court Senior Judge Joseph S. Van Bokkelen on his plea of guilty to receipt of child pornography, announced U.S. Attorney Kirsch.

Seeger received a sentence of 78 months in prison followed by 20 years of supervised release and ordered to pay $15,000 in restitution.

According to documents filed in this case, Seeger was on probation in Hendricks County, Indiana for holding a mirror under changing stalls at a public pool in order to watch small boys disrobe. He pleaded guilty in May 2016 and received a sentence of probation, which included as part of its terms that he not possess child pornography. In July 2017, law enforcement officials found Seeger in possession of child pornography in multiple formats: print magazines, videotapes, photographs, and digital downloaded images of minors engaged in sex acts. Seeger possessed over 1,000 images of such conduct.

This case was investigated by the FBI and was handled by Assistant United States Attorney Maria N. Lerner.

HUNTINGTON, W.Va. – A Huntington man caught selling fentanyl and methamphetamine last year in Huntington pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Brandon Scott Kidd, 39, entered a guilty plea to distributing fentanyl and methamphetamine in federal court in Huntington. Stuart commended the investigative efforts of the FBI Drug Task Force and the Cabell County Sheriff’s Department.

“Kidd was selling fentanyl, heroin and meth in Huntington,” said United States Attorney Mike Stuart. “Getting him and others like him off our streets and out of our towns is a priority for me and this office.”

On July 16, 2018, an informant working at the direction of the Cabell County Sheriff’s Department went to Kidd’s residence located at 831 15th Street in Huntington to purchase fentanyl. Inside the residence, Kidd sold the informant fentanyl in exchange for $220. Kidd then offered to sell, and sold, the informant methamphetamine in addition to the fentanyl. Later that day, deputies executed a search warrant at Kidd’s residence. During the search, deputies recovered approximately 12 grams of fentanyl and approximately 48 grams of methamphetamine.

As part of his plea agreement, Kidd admitted that he distributed fentanyl, heroin, and methamphetamine in Huntington between July of 2017 and July of 2018. Kidd further admitted that he allowed others to stay in his residence for the purchase of storing and selling drugs.

Kidd faces up to 20 years in federal prison when he is sentenced on June 10, 2019.

Assistant United States Attorney Joseph F. Adams is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.

Defendant faces 10 year mandatory minimum sentence

BOSTON – A Dominican national pleaded guilty today in federal court in Boston to his role in a conspiracy to distribute fentanyl.

Sergio Manuel Lara-Suarez, a/k/a Sergio Manuel Lara-Juarez, 42, a Dominican national residing in Lawrence, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl; five counts of distribution of 40 grams or more of fentanyl; and two counts of distribution of fentanyl. U.S. District Court Judge Indira Talwani scheduled sentencing for May 16, 2019. Lara-Suarez was charged by superseding indictment in November 2018.

Between September 2017 and March 2018, Lara-Suarez conspired with others to distribute significant quantities of fentanyl or a mixture containing both fentanyl and heroin to undercover law enforcement officers. During that period, Lara-Suarez met with undercover agents 11 times and sold them over 430 grams of fentanyl. Lara-Suarez has been in state custody since August 2018.

The charge of conspiring to distribute and to possess with intent to distribute 400 grams or more of fentanyl carries a mandatory minimum sentence of 10 years and up to life in prison, a minimum of five years of supervised release, and a fine of up to $10 million. The charge of distribution of 40 grams or more of fentanyl carries a mandatory minimum sentence of five years and no greater than 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. The charge of distribution of fentanyl carries a sentence of no greater than 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. Lara-Suarez will be subject to deportation proceedings. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case

KANSAS CITY, Mo. – An Overland Park, Kan., woman has been convicted by a federal trial jury for her role in a multi-defendant drug-trafficking conspiracy with ties to the Sinaloa drug cartel in Mexico.

Christine Little Wood, 61, was found guilty of participating in a conspiracy to distribute heroin from Jan. 1, 2010, to April 18, 2017, and of participating in a money-laundering conspiracy. In addition to the criminal conspiracies, Little Wood was found guilty of using a cell phone to aid the drug-trafficking conspiracy and of maintaining a residence for the distribution and use of heroin.

In addition to Little Wood, 20 co-defendants have pleaded guilty and three have been sentenced in this case. Dennis McLallen, 66, and his wife, and Pamela Gaddy-McLallen, 65, both of Overland Park, were in direct contact with Mexico-based heroin and methamphetamine suppliers and Kansas City-based suppliers. They received multi-ounce levels of black tar heroin from their suppliers, which they and other conspirators repackaged into ounce and gram levels for distribution by Little Wood and others.

McLallen admitted that he was responsible for the distribution of more than 10 kilograms of heroin. Conspirators distributed at least 500 ounces (more than 14 kilograms) of heroin, with an average sale price of $1,700 per ounce, for a total of $850,000.

In September 2016, investigators searched vehicles and residences and seized heroin, methamphetamine, prescription drugs, more than $200,000 in bulk cash, a load vehicle with hidden compartments, drug ledgers, drug packaging, drug scales, firearms, ammunition, a bullet proof vest, and various other drug trafficking related items. Little Wood’s son, a co-defendant in this case, distributed and used heroin in her residence.

McLallen and Gaddy-McLallen each pleaded guilty to their roles in the drug-trafficking and money-laundering conspiracies and to a conspiracy to use firearms in furtherance of drug trafficking. McLallen was sentenced on April 18, 2018, to 15 years in federal prison without parole. Gaddy-McLallen died of natural causes while awaiting sentencing.

Co-defendant Kevin Fletcher,30, of Kansas City, Mo., was sentenced to nine years and two months in federal prison without parole. Co-defendant Sterling Cline, 38, of Kansas City, Mo., was sentenced to 10 years in federal prison without parole. Several co-defendants remain fugitives from justice.

Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about four hours before returning the guilty verdicts to U.S. District Judge Stephen R. Bough on Friday, Feb. 22, 2019, ending a trial that began Tuesday, Feb. 12, 2019.

Under federal statutes, Little Wood is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. 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 Bruce Rhoades and Special Assistant U.S. Attorney Sean T. Foley. It was investigated by the Kansas City, Mo., Police Department, the Drug Enforcement Administration, the FBI and the Jackson County Drug Task Force.

PITTSBURGH, PA- An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on charges of possession and distribution of materials depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.

The two-count Indictment, returned on February 26, named Michael Moran, 60, South Park, PA.

According to Indictment, from on or about August 16, 2018 through on or about September 2, 2018, Moran distributed visual depictions of minors engaged in sexually explicit conduct, and on October 24, 2018, Moran possessed images and videos depicting the sexual exploitation of minors. A number of the images Moran distributed, as well some of the videos and images he possessed, depicted the sexual exploitation of minors under the age of twelve.

The law provides for a maximum total sentence of 40 years in prison, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Moran remains in custody pending the resolution of state charges.

Assistant United States Attorney Christy C. Wiegand is prosecuting this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.

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

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Registration is open for a webinar on March 5, 2019 at 1 p.m. ET to learn about the National Institute of Justice Research and Evaluation on the Administration of Justice solicitation and application requirements. With this solicitation, NIJ seeks to fund investigator-initiated, interdisciplinary research and evaluation projects related to the administration of justice in three areas: (1) eyewitness evidence; (2) police deflection strategies; and (3) forensic testimony. To register, go to https://www.ncjrs.gov/App/eventscalendar/CalendarSearchDetail.aspx?strConfID=28500.

Questions concerning the solicitation should be submitted to the National Criminal Justice Reference Service: 1-800-851-3420; TTY at 301-240-6310 (for hearing impaired only); email to grants@ncjrs.gov; fax 301-240-5830; or web chat at https://webcontact.contactncjrs.org/ncjchat/chat.jsp. See also NIJ.gov's solicitation FAQ page here https://www.nij.gov/funding/Pages/faqs.aspx.

ALBANY, NEW YORK – Alphonso L. Howard, Jr., age 28, and Javonte J. Johnson, age 22, both of Decatur, Georgia, were indicted yesterday for creating counterfeit checks and then cashing them at banks in Saratoga and Warren Counties.

The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI);

and New York State Police Acting Superintendent Keith M. Corlett.

Each defendant is charged with one count of conspiring to commit bank fraud, three counts of bank fraud, and three counts of aggravated identity theft.

The charges in the indictment are merely accusations. Each defendant is presumed innocent unless and until proven guilty.

According to the indictment, between July 1, 2018 and September 26, 2018, the defendants and others defrauded financial institutions by intercepting and stealing checks sent through the U.S. Mail; using information from these legitimate checks to create counterfeit checks drawn on the same financial accounts as the stolen, legitimate checks; and then cashing and attempting to cash the counterfeit checks at financial institutions in Saratoga and Warren Counties.

The New York State Police arrested Howard and Johnson on September 26, 2018, in Queensbury, New York. Howard and Johnson have been in custody since their arrest, and will be arraigned on the federal charges at a later date.

If convicted, each defendant faces at least 2 years and up to 30 years in prison, a maximum $1 million fine, and 5 years of post-release supervision. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The indictment also seeks forfeiture of approximately $19,000 in cash possessed by the defendants at the time of their arrest, as well as a money judgment in the amount of $164,077.70.

This case is being investigated by the FBI and the New York State Police-Troop G, and is being prosecuted by Assistant U.S. Attorney Michael Barnett. Other agencies have assisted in the investigation and prosecution, including the District Attorney’s Offices in Saratoga and Warren Counties, the Glens Falls Police Department, the Burlington Police Department (Vt.), Vermont State Police, and the Stowe Police Department (Vt.).

Johnson has also been indicted on grand larceny and other charges in Jefferson County, New York, in a case brought by the Jefferson County District Attorney’s Office and investigated by the Watertown Police Department. Johnson is presumed innocent of these charges as well.

ATLANTA –Kevin Perry has been arraigned on charges that he ran a foreign currency investment fraud scheme.

“This defendant allegedly defrauded investors who trusted him with their hard-earned money,” said U.S. Attorney Byung J. “BJay” Pak. “Even after regulators took action against Perry, he allegedly continued to seek to defraud investors, including at one point attempting to defraud an undercover FBI agent.”

“Instead of living off well-earned investments, Perry’s alleged victims now have to worry about their financial futures,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Nothing can make victims of investment fraud whole again, but the FBI will continue to make it a priority to investigate and punish anyone who preys on investors for their own personal greed.”

According to U.S. Attorney Pak, the charges, and other information presented in court: Perry allegedly led investors to believe that his investment company, Lucrative Pips, was successfully earning substantial profits by investing in the foreign currency (or “forex”) market. Perry induced investors into sending money by signing agreements that claimed the investors’ initial investments were secure from loss. In actuality, Lucrative Pips was never registered as a “commodity pool operator” with the Commodity Futures Trading Commission. Also, Perry had never generated the historical returns represented to investors, and he was using investor money to enrich himself or to pay off other investors, with the goal of enticing others to invest with him.

The indictment further alleges that even after the Commodity Futures Trading Commission filed a civil complaint against Perry, he continued to make fraudulent investment pitches to potential investors. In December 2018, Perry made a series of fraudulent investment pitches to an undercover FBI agent, who was posing as a potential investor. Perry told the undercover FBI agent that an investment of $10,000 would return a profit of $19,000 to $25,000 per month and that he minimized any risk by doing a “100% money-back guarantee.”

Kevin Perry, 21, of Cartersville, Georgia was arraigned Monday, February 25, 2019 before U.S. Magistrate Judge Catherine M. Salinas. A federal grand jury returned an indictment on December 12, 2018, alleging that Perry committed wire fraud.

Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by the FBI.

Assistant U.S. Attorney Thomas J. Krepp and Nathan P. Kitchens, Deputy Chief of the Cyber and Intellectual Property Crime Section, are prosecuting the case. The Commodity Futures Trading Commission provided invaluable assistance throughout the course of the investigation.

CLARKSDALE, MS — The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New Orleans Field Division is offering up to a $5,000 reward, along with up to a $5,000 reward from the National Shooting Sports Foundation (NSSF), for information leading to the arrest and conviction of the persons responsible for the robbery of Krosstown Trade & Pawn in Clarksdale, Miss., a federal firearms licensee (FFL).

The total reward of up to $10,000 is for cases involving the theft of firearms from federally licensed firearms retailers. NSSF is the trade association for the firearms industry. ATF works closely with members of the firearms industry to curb the criminal acquisition and misuse of firearms.

On Feb. 20, 2019, at approximately 9:30 a.m., multiple firearms, along with jewelry, were stolen during a robbery of Krosstown Trade & Pawn, 622 N. State St., Clarksdale, Miss.

Multiple suspects entered the store as one suspect engaged the FFL retailer in conversation as a distraction while the others started grabbing the firearms. During the robbery, the FFL retailer was assaulted and suffered minor injuries. The suspects fled in a vehicle in an unknown direction.

The ATF Oxford Field Office, Clarksdale Police Department, and Mississippi Bureau of Investigation (MBI) are jointly investigating this crime. Anyone with information about these crimes should contact the ATF Office at 662-234-3751 or 1-888-ATF-TIPS (888-283-8477), by email ATFTips@atf.gov , or through the ATF website at www.atf.gov/contact/atf-tips, or Clarksdale Police Department Crime Stoppers at 662-621-4636.

Anonymous tips may also be submitted to ATF through the ReportIt® mobile app, available on both Google Play and the Apple App Store , or by visiting www.reportit.com. With this app, users can confidentially submit tips involving firearms and violent crimes.

ATF is the lead federal law enforcement agency with jurisdiction involving firearms and violent crimes, and regulates the firearms industry. More information about ATF and its programs is available at www.atf.gov.

CAMDEN, N.J. – A Gloucester County, New Jersey man was charged today with producing and distributing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.

Andrew Nicholas, 22, of Williamstown, New Jersey, is charged by criminal complaint one count of sexually exploiting children and one count of distributing child pornography. He appeared before U.S. Magistrate Judge Joel Schneider in Camden federal court and was detained without bail.

According to documents filed in this case and statements made in court:

On Feb. 26, 2019, an undercover officer entered a public Kik Messenger group and began communicating with Nicholas, who sent the officer images of child sexual abuse involving a prepubescent minor.

The count of sexually exploiting children carries a mandatory minimum penalty of 15 years in prison, a maximum potential penalty of 30 years in prison and a $250,000 fine. The distribution of child pornography count carries a mandatory minimum penalty of five years in prison, a maximum possible penalty of 20 years in prison and fine of $250,000 per count.

U.S. Attorney Carpenito credited special agents of the FBI, Philadelphia Division, under the direction of Special Agent in Charge Michael Harpster, and the Washington, D.C., FBI Field Office, under the direction of Assistant Director in Charge Nancy McNamara, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Martha Nye of the U.S. Attorney’s Office Criminal Division in Camden.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Defense counsel: Christopher O’Malley Esq., Assistant Federal Public Defender, Camden

United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary, Larceny, and Aiding and Abetting.

Alan Thompson, Jr., age 23, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 25 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on May 25, 2017, Thompson entered an occupied structure at night with another individual with the intent to commit larceny and stole personal property that had a value in excess of $1,000.

The charges are merely accusations and Thompson is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.

Thompson was released on bond pending trial. A trial date has been set for April 30, 2019.

CHICAGO — A federal jury has convicted a 30-year employee of a McHenry County manufacturing firm of stealing trade secret information while planning to move to China to work for a rival company.

The jury in U.S. District Court in Chicago on Monday convicted ROBERT O’ROURKE, 59, of Lake Geneva, Wisc., on seven counts of theft of trade secrets. Each count is punishable by up to ten years in prison. U.S. District Judge Andrea R. Wood set sentencing for June 3, 2019.

The conviction was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. The government is represented by Assistant U.S. Attorneys Shoba Pillay and Christopher V. Parente.

According to evidence at trial, O’Rourke since 1984 worked for Dura-Bar, a Woodstock-based manufacturer of continuous cast-iron products. O’Rourke held the positions of plant metallurgist, quality assurance manager and salesperson, and helped the company develop business in China and other locations. In late 2013, he began several months of negotiations to take a similar job with a rival firm in Jiangsu, China, eventually accepting the position of Vice President.

Evidence at trial revealed that in September 2015, while still employed with Dura-Bar, O’Rourke accepted the job offer in China. He then downloaded electronic data and documents belonging to Dura-Bar without authorization two days before officially leaving the company. The following week, he packed up the proprietary information and went to O’Hare International Airport in Chicago to board a flight to China. Federal authorities intervened at the airport and seized the stolen trade secrets from O’Rourke before he could travel to China.

FORT WAYNE –A federal grand jury on February 27, 2019 returned a six count superseding indictment against Bradley M. Cox, 28, of Kokomo, Indiana, announced U.S. Attorney Kirsch.

According to documents in this case, Mr. Cox allegedly gained access to a Facebook account which belonged to another person and then posed as the creator of that Facebook account to exchange explicit images with the owner of another Facebook account. Cox then threatened to publicly release the sexual pictures that the owner of that Facebook account sent to him unless the owner of that Facebook account gave Cox access to that Facebook account. Cox was given access to the second Facebook account, in which he found images depicting nude or partially nude individuals and sexually explicit material. Cox then contacted individuals depicted in that material and threatened to publicly release the nude, partially nude or sexually explicit images he had of them unless they agreed to give him additional nude, partially nude and/or sexually explicit photos and/or videos.

The superseding indictment alleges three counts of extortion; two counts of production or attempted production of child pornography; and one count of receipt or attempted receipt of child pornography. Mr. Cox has been detained pending trial since September of 2018 when he was initially charged with production of child pornography.

U.S. Attorney Kirsch said, “Children are among our most vulnerable and innocent victims. My office will always aggressively prosecute cases that involve crimes against children. Cases such as this one, that allege the extortion of nude images, are particularly worthy of prosecution. I commend the FBI and local and county law enforcement agencies that worked hard and quickly to solve this crime.”

“This investigation highlights the tenacity and expertise of the FBI’s Crimes Against Children Task Force and was a top priority to be quickly resolved,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “Mr. Cox’s alleged victimization of these individuals is reprehensible and won’t be tolerated."

The United States Attorney’s Office emphasizes that an Indictment is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.

If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

This case is the result of an investigation by the FBI with the assistance of the Rochester and Peru, Indiana Police Departments along with the Fulton County Sheriff’s Department. This case is being prosecuted by Assistant United States Attorney Sarah Nokes.

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