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Former Substitute Teacher And Coach Indicted On Multiple Charges Of Receipt And Production Of Child Pornography, And Enticement Of A Minor

May 27, 2019, 12:47 pm
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BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an 18-count indictment charging Steven Gasiorek, 33, of Cheektowaga, NY, with production and receipt of child pornography, and enticement of a minor. The highest charges carry a mandatory minimum penalty of 15 years, a maximum penalty of life in prison, and a $250,000 fine.

Assistant U.S. Attorney Elizabeth Moellering, who is handling the case, stated that according to the indictment and a previously filed complaint, on April 10, 2019, the Fauquier County, Virginia Sheriff’s Office contacted the Cheektowaga Police Department regarding a 14 year-old-male from Virginia who had been communicating through Instagram with a person utilizing Instagram account LEXIGURL1015. The boy, who was under the impression that LEXIGURL1015 was a teenage girl from California, sent pornographic images of himself to the account at the urging of the user LEXIGURL1015.

Subsequent investigation determined that the account belonged to the defendant, who was a substitute teacher and coach John F. Kennedy Middle and High schools. A search warrant was executed at the defendant’s Lehigh Street residence. Investigators seized a laptop computer and external hard drive that contain numerous images constituting child pornography. Further investigation suggests that Gasiorek has been engaged in the enticement of minors to produce child pornography activity for several years.

The indictment alleges that, in February 2019, the defendant coerced six minor victims to engage in sexual activity for the purpose of producing a visual depiction of such conduct. The defendant is also accused with enticing the minor victims and with receiving the child pornography created at his own urging.

The defendant was arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.

Members of the public who have information related to this case are asked to call the Federal Bureau of Investigation at 716-843-1616.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Cheektowaga Police Department, under the direction of Chief David Zack, and the West Seneca Police Department, under the direction of Chief Daniel Denz.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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California Man Responsible For Sending More Than 50 Pounds of Methamphetamine to Iowa Sentenced to Federal Prison

May 27, 2019, 12:52 pm
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Sentenced to Over a Decade in Prison After Distributing Meth for Two Years

A man responsible for running a complex drug trafficking organization was sentenced May 17, 2019, to more than 14 years in federal prison.

Michael Pineda, age 34, from San Ysidro, California, received the prison term after an August 6, 2018, guilty plea to conspiracy to distribute at least 500 grams of methamphetamine and conspiracy to commit money laundering.

Evidence during the case established that Pineda served as a source of ice methamphetamine for numerous individuals.  Pineda shipped the methamphetamine to Iowa from California, typically concealed in car stereo boxes.  Once the methamphetamine arrived in Iowa, Pineda relied on various individuals to pick it up, repackage it, distribute it, and later collect money from its sale.

In order to conceal the money from the drug sales, Pineda directed others in the conspiracy, including his wife, to open bank accounts under fictitious business names.  He then instructed his drug customers to deposit drug proceeds into these bank accounts.  In less than two years, Pineda laundered more than $370,000 of drug money through these accounts.  He also instructed other individuals to cash from the sales to California.  One such individual was intercepted at the San Diego Airport carrying approximately $35,000 in drug proceeds.   

Pineda was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Pineda was sentenced to 175 months’ imprisonment.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Pineda is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of Federal Bureau of Investigation, Iowa Division of Narcotics Enforcement, and the Tri-County Drug Enforcement Task Force (Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department).
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Owner of Miami Home Health Agency Sentenced to 30 Months in Prison for Role in Medicare Fraud Scheme

May 28, 2019, 11:33 am
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An owner of a now-defunct Miami, Florida, home health care agency was sentenced today to 30 months in prison for his participation in a scheme that caused Medicare to pay approximately $1 million in false and fraudulent claims for home health care services that were never provided.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.

Dennys Hernandez, 47, of Riga, Michigan, was sentenced by U.S. District Judge Robert N. Scola of the Southern District of Florida.  Judge Scola also ordered Hernandez to pay $951,473 in restitution, jointly and severally with his co-conspirators, and to forfeit the same amount.  Hernandez pleaded guilty in March 2019 to one count of conspiracy to commit health care fraud and wire fraud.

According to admissions made as part of his plea agreement, Hernandez was an undisclosed co-owner of Medsel Home Health Care Corp. (Medsel), which purported to operate as a home health care agency.  Hernandez admitted that he and his co-conspirators used Medsel to fraudulently bill Medicare by submitting and causing the submission of claims for home health care services that were not provided to anyone.  As a result of his participation in the scheme and the submission of false and fraudulent claims, Medicare paid Medsel at least $950,000, Hernandez admitted. 

Two of Hernandez’s co-conspirators were charged in separate cases related to Medsel.  Elanier Gonzalez Moncho, 33, of Miami, the nominee owner of Medsel, was sentenced to 18 months in prison for his role in the fraud.  Rafael Arias, 54, of Miami, the owner and operator of numerous Miami-area home health agencies, including Medsel, was sentenced to 240 months in prison for his role in a $66 million conspiracy to defraud the Medicare program.

The FBI investigated the case, which was brought as part of the Medicare Fraud Strike Force under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.  Trial Attorneys David Snider and Kevin Lowell of the Fraud Section prosecuted the case.

The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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Harris County Man Guilty of Liberty County Bank Robbery

May 28, 2019, 11:41 am
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               BEAUMONT, Texas – An 18-year-old LaPorte, Texas man has pleaded guilty to bank robbery in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Aaron Gonzalez pleaded guilty to charges of bank robbery by force or intimidation before U.S. Magistrate Judge Zack Hawthorn on May 16, 2019.

According to information presented in court, on Mar. 6, 2019, Gonzalez robbed the Texas First Bank on FM 834 in Hull, Texas by entering the bank and presenting a threatening note to a bank teller.  Gonzalez left the bank with approximately $7,350.00 in cash.  Video surveillance and witness accounts of the bank robber and his vehicle led to Gonzalez’ arrest.  Gonzalez was indicted by a federal grand jury on Apr. 3, 2019

Under the federal statute, Gonzalez faces up to 20 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing 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 U.S. Probation Office

This case was investigated by the Federal Bureau of Investigation, the Liberty County Sheriff’s Office, the LaPorte Police Department and the Texas Department of Public Safety and prosecuted by Assistant U.S. Attorney Robert L. Rawls.
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Former Bank Employee Sentenced For Embezzlement

May 28, 2019, 12:59 pm
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BOSTON – A former bank employee was sentenced today in federal court in Worcester in connection with embezzling money from client accounts held by the bank by which she was employed.

Jessica Vargas, 35, of Athol, was sentenced by U.S. District Court Judge Timothy S. Hillman to 30 days in prison and two years of supervised release. In February 2019, Vargas pleaded guilty to one count of bank fraud and two counts of bank embezzlement. Vargas was charged by criminal complaint and arrested in March 2018.

Vargas was an employee of a federally-insured bank when she embezzled approximately $108,000 by making unauthorized cash withdrawals from customer accounts. Bank documentation showed that Vargas made unauthorized withdrawals from the accounts of various customers, including more than $53,000 from the account of an 84-year-old bank customer and almost $13,000 from the account of an 88-year-old customer.

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorneys Bill Abely and Kristen Noto of Lelling’s Criminal Division prosecuted the case.
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Former Port Vue Man Orchestrated 2 Large Shipments of Heroin from Patterson, New Jersey to Pittsburgh Area

May 28, 2019, 1:06 pm
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PITTSBURGH, Pa. - A former resident of Port Vue, Pennsylvania, pleaded guilty in federal court to charges of conspiracy to distribute and possession with intent to distribute one kilogram or more of heroin, United States Attorney Scott W. Brady announced today.

Jarran Bell, 38, formerly of Port Vue, PA, pleaded guilty to three counts before United States District Court Judge Cathy Bissoon.

In connection with the guilty plea, the court was advised that, this investigation, which utilized Title III intercepts from December 2014 through April 2015 of several different cellular telephones, surveillance, controlled drug purchases, and other investigative techniques, established the existence of a number of overlapping and interrelated drug distribution networks at work in the Western District of Pennsylvania and New Jersey.

Bell and his girlfriend Krystle Barretto were living together during the investigation. Bell and Barretto maintained numerous other residences, which were used as stash houses. Amanda Santiago lived in one of those residences during the investigative period.

In April of 2015, Bell and Barretto orchestrated two large shipments of heroin from Patterson, New Jersey, back to the McKeesport/Port Vue area. On April 19, 2015, a courier, Amanda Santiago, transported approximately 500 bricks of heroin from Patterson, New Jersey back to McKeesport via taxi cab.

On April 20, 2015, several search warrants were conducted. One of the search warrants took place at the primary residence of Bell and Barretto. Agents seized: a loaded firearm, approximately five bricks of heroin and a money counter. All of the aforementioned items were seized from the master bedroom of Bell and Barretto. The loaded gun was located in a dresser drawer along with the five bricks of heroin. Baretto was the lawful owner of the firearm.

Judge Bissoon scheduled sentencing for September 11, 2019. Judge Bissoon ordered Bell remained detained pending sentencing. The law provides for a term of imprisonment of not less than 15 years to a maximum of life. A fine not to exceed $20,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Amanda Santiago pleaded guilty and was sentenced to 2 ½ years (30 months) in prison. Krystle Barretto pleaded guilty and is scheduled to be sentenced on June 19, 2019.

Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Bell.
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Jury Convicts Husband and Wife at Trial on All Counts in Child Sex Abuse Case

May 28, 2019, 1:22 pm
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United States Attorney Richard W. Moore of the Southern District of Alabama announces today that a federal jury in Mobile, Alabama found defendant Mack Doak, 51, and his wife, co-defendant Jaycee Doak, 41, guilty on all charges in a child exploitation case spanning multiple jurisdictions. Chief United States District Judge Kristi K. DuBose presided over the trial, which started on May 20, 2019 and ended three days later. The defendants are scheduled to be sentenced on August 30, 2019. Mack Doak faces a mandatory minimum sentence of thirty years in prison and a maximum sentence of life imprisonment. Jaycee Doak faces a mandatory minimum sentence of ten years in prison and a maximum sentence of life imprisonment.

On August 31, 2018, a federal grand jury for the Southern District of Alabama indicted the defendants on one count of violating 18 U.S.C. § 2423(a), a statute that criminalizes the transportation of minors across state lines with intent to engage in criminal sexual activity. The grand jury returned a 9-count superseding indictment on March 29, 2019, charging the defendants with six counts of violating 18 U.S.C. § 2423(a) and Mack Doak with three counts of violating 18 U.S.C. § 2241(c), a statute that criminalizes aggravated sexual abuse by prohibiting the crossing of a state line with intent to engage in a sexual act with a child under the age of twelve.

The jury heard the below evidence at trial. Three child victims were abused for years by the defendants. The victims testified at trial that Mack Doak had sexually abused them in Texas, Florida, and Alabama and that they had disclosed the sexual abuse to Jaycee Doak, who was herself physically and verbally abusive and had tried to cover-up the sexual abuse.

In 2012, Mack Doak began sexually abusing Victims 1-3 in Rosharon, Texas. Victim 1 testified that she told Jaycee Doak back when the abuse started in Texas that Mack Doak had raped her. Jaycee Doak insisted that Victim 1 not tell anyone because disclosure of the abuse would be ruinous. One witness testified that Jaycee Doak told her about Victim 1’s rape allegation and that Jaycee Doak told the witness not to tell anyone. The witness testified that she urged Jaycee Doak to report the abuse and take Victim 1 to a doctor but that Jaycee Doak did neither. Another witness testified that she herself was raped by Mack Doak years earlier and that she had disclosed the abuse to the defendants in 2012. Another witness testified that around March 2013, after allegations of Mack Doak’s sexual abuse had begun to surface, Mack Doak had a pistol in his hand at his home and had threatened suicide, telling the witness, “I did something really bad and I’m not going to jail for it.”

In early 2014, the defendants moved from Rosharon to Butler, Alabama and then in August 2014 relocated to Pinellas Park, Florida, where Mack Doak continued to sexually abuse the victims. The defendants moved in November 2016 to Thomasville, Alabama, where the abuse persisted. The jury heard testimony that Mack Doak would periodically call a victim into his bedroom, close the door, and play loud music, and that the victim would appear upset after exiting the room. One witness testified that he saw Mack Doak sexually abusing Victim 2 one morning at the defendants’ home in Thomasville, and that Mack Doak saw him and told him to return to bed and not discuss what he had seen. After less than a year in Thomasville, the defendants moved to Monroeville, Alabama, where the sexual abuse continued and Jaycee Doak’s physical and verbal abuse escalated.

In early February 2018, the Monroeville Police Department received information about the sexual abuse. On February 4, a police investigator and a Monroe County Department of Human Resources caseworker visited the victims, who disclosed the abuse and indicated that they were unsafe in the defendants’ care. The next day, the defendants were arrested on state charges for rape, incest, and sexual abuse. On February 8, the victims were forensically interviewed at a child advocacy center in Brewton, Alabama and elaborated upon the abuse. Victim 1 told her interviewer that she had been sexually abused alongside a mat in the basement area of the defendants’ home in Monroeville. On February 9, the police executed a search warrant at the defendants’ home and seized physical evidence, including the mat. The police later took buccal samples from Mack Doak and the victims and sent the samples and the mat to a Federal Bureau of Investigation (FBI) laboratory in Quantico, Virginia for testing. An FBI forensic examiner testified at trial that the likelihood ratios were very high that the mat contained Mack Doak’s semen and Victim 1’s DNA. Moreover, a pediatrician who had physically examined the victims testified that they showed signs of having been sexually abused.

After the jury’s verdicts, United States Attorney Richard W. Moore said, “Our federal prosecutors and our law enforcement partners are highly-skilled and persistent when we find evidence of child sex abuse. These cases demand our very best prosecution and investigation efforts and the jury in this particular case seemed to have no difficulty in determining that the defendants were guilty as charged. We will continue to bring to justice those who would molest our most vulnerable victims such as the children in this case. I want to thank our three prosecutors, Assistant U.S. Attorneys Maria Murphy, Sinan Kalayoglu, and Kacey Chappelear, our prosecution support team from the U.S. Attorney’s Office, and the agents and officers who investigated this case. They did a fantastic job.”

FBI Special Agent in Charge James Jewell stated, “The men and women of the FBI will continue to work with our state and local partners to serve the victims of these horrific crimes and see to it that justice is served. There is no place for this type of behavior in our society and the jury’s verdicts of guilty were a victory for law enforcement and most deservedly the victims.”

The FBI, the Monroeville Police Department, and the Alabama Law Enforcement Agency investigated the case. Assistant United States Attorneys Sinan Kalayoglu, Kacey Chappelear, and Maria Murphy are prosecuting the case.
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New Jersery Man Pleads Guilty in $3M Federal Bribery Case

May 28, 2019, 1:30 pm
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WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Stephen Williams, of Neptune, New Jersey, pled guilty in federal court today to bribery in connection with programs receiving federal funds.  Williams is the co-defendant of Crystal Martin, the Delaware State University (“DSU”) administrator who pled guilty to the same bribery scheme in April 2019.  Williams’ sentencing is scheduled for September 6, 2019 before the Honorable Richard G. Andrews, United States District Judge for the District of Delaware. Williams faces a maximum penalty of 10 years of imprisonment.

According to court documents and statements made in open court, between 2013 and 2017, Williams was the mastermind of a bribery scheme at DSU.  Williams recruited students to pay him a fee to change their student registration status from out-of-state residency to in-state residency.  After students paid him their fee, Williams helped create forged residency documents, such as leases, and then delivered the forged documents to his co-defendant Martin to place in the students’ files, justifying the residency changes that Martin recorded in the university’s computer system.  Williams paid Martin a percentage of the fee he collected from each student whose residency was changed, amounting to approximately $70,000 over the course of four years. Williams also paid DSU students to recruit others interested in having their registration status changed.  While the total amount that Williams profited from his scheme remains unknown, the estimated cost of reduced tuition payments to DSU during this four-year-period exceeded $3 million.

U.S. Attorney Weiss stated, “The defendant created and ran a four-year scheme that defrauded Delaware State University.  In so doing, he encouraged hundreds of people, and most importantly his co-defendant Martin, to break the law.  Further, he deprived his own alma mater and Delaware taxpayers of the rightful tuition proceeds for Delaware State University so that he could personally profit.  Defendants who repeatedly break the law for their own personal gain at the expense of Delaware citizens must be held accountable.”

"The FBI is committed to protecting the public trust.  When individuals conspire to defraud public institutions, the FBI will aggressively pursue those who seek to financially gain from their illegal schemes," said Jennifer L. Moore, Acting Special Agent in Charge of the Baltimore Division. "The investigation and subsequent prosecution of the defendants revealed they had engaged in a pervasive pattern of fraud and corruption, betraying the university, its students and our community.  The cooperation among law enforcement agencies in Delaware led to the dismantlement of the defendants’ enterprise and I applaud the efforts of the investigators and prosecutors."

“Tracking down those who cheat the Federal student aid program will always be a priority of our office,” said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Eastern Region. “That’s why I’m proud of the work of OIG special agents and our law enforcement partners in holding Mr. Williams accountable for his criminal actions and we’ll continue to work together to protect Federal education funds from this type of fraud.”

This case was investigated by FBI Baltimore Division's Wilmington Office, the U.S. Department of Education Office of Inspector General, and Delaware State Police, with assistance from the Delaware Department of Justice’s Office of Civil Rights and Public Trust.  The case is being prosecuted by Assistant U.S. Attorneys Laura D. Hatcher and Whitney Cloud.
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Camden Man Convicted Of Robbing Two Banks, Attempting To Rob A Third

May 29, 2019, 1:50 pm
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CAMDEN, N.J. – A Camden man was convicted today of robbing two banks, and attempting to rob a third bank over a 10-day period in July 2018, U.S. Attorney Craig Carpenito announced.

Anthony L. Livingston, 48, was convicted of two counts of bank robbery, and one count of attempted bank robbery following a one-week trial before U.S. District Judge Renee Marie Bumb in Camden federal court. The jury deliberated less than three hours before returning the guilty verdicts.

According to documents filed in this case and the evidence at trial:

On July 14, 2018, Livingston entered the Gloucester Township PNC Bank wearing sunglasses and a hat. He presented a demand note to the teller and then left the bank with the stolen cash.

On July 24, 2018, Livingston attempted to recruit a homeless man to rob the Stratford PNC Bank on his behalf. Livingston instructed the man on how to rob the bank, gave him a demand note to show to the teller, and drove the man to the bank. The man walked into the bank and told the employee that he had been sent there to rob the bank and that he did not want to do it, and that the bank should call the police because the person who had sent him was waiting for him outside.

Four hours later, Livingston recruited co-defendant Laque Hunter to rob the Collingswood Ocean First bank on his behalf, and drove Hunter to the bank. Hunter robbed the bank with a demand note. Livingston served as the getaway driver, and the two split the proceeds. Hunter pleaded guilty on April 2, 29019, and is awaiting sentencing.

At the time of these crimes, Livingston was on federal supervised release. On July 13, 2018, one day before the first bank robbery, Livingston completed a 220-month term of imprisonment for having robbed eight banks in southern New Jersey in 2000 and 2001.

Each count on which Livingston was convicted carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Sept. 5, 2019.

U.S. Attorney Carpenito credited special agents of the FBI-Cherry Hill, under the direction of Special Agent in Charge Michael Harpster in Philadelphia; the Camden County Police Department, under the direction of Chief J. Scott Thomson; the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo; the Camden County Sheriff’s Office, under the direction of Sheriff Gilbert “Whip” Wilson; the Collingswood Police Department, under the direction of Chief Kevin J. Carey; the Gloucester Township Police Department, under the direction of Chief W. Harry Earle; and the Stratford Police Department, under the direction of Chief Ronald M. Morello, with the investigation leading to today’s conviction.

The government is represented by Assistant U.S. Attorneys Kristen M. Harberg and Patrick C. Askin of the Camden Office.

Defense counsel: John B. Brennan Esq., Marlton, New Jersey
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Nurse Practitioner Sentenced To Over Six Years In Prison For Unlawful Dispensing of Opioids And Health Care Fraud

May 29, 2019, 1:55 pm
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LAS VEGAS, Nev. – A nurse practitioner was sentenced today to 78 months in federal prison followed by three years of supervised release and ordered to pay restitution in the amount of $3,749,121.29 for unlawfully dispensing prescription opioids and Medicare and Medicaid fraud, announced United States Attorney Nicholas A. Trutanich for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division, and Special Agent in Charge Christian J. Schrank for the Office of Inspector General of the U.S. Department of Health and Human Services, Los Angeles Region.

Alejandro “Alex” Incera, aka Alexander Jiminez-Incera, an Advance Practice Registered Nurse, 48, of Las Vegas, previously pleaded guilty to eight counts of distribution of controlled substance and eight counts of health care fraud. United States District Judge James Mahan presided over the sentencing hearing.

From January 2018 to about May 2018, Incera had an agreement with co-defendants Robert D. Harvey, a surgical technician, and Dr. Horace P. Guerra to distribute Hydrocodone and Oxycodone to patients without a legitimate medical purpose in exchange for cash payments. Incera wrote illegal opioid prescriptions on prescriptions with his name and DEA number for patients without a medical purpose.

Furthermore, between July 2016 to about December 2017, Incera defrauded Medicare and Medicaid by writing Lidocaine, Modafinil, and Diclofenac Sodium prescriptions to patients without a legitimate medical purpose and at times without having examined the patient at all. These prescriptions were filled and processed by Atlas Pharmacy who paid Incera approximately $30,000 in exchange for patient referrals. The Medicare and Medicaid programs were defrauded out of approximately $3.7 million.

Dr. Guerra was sentenced to 12 months in federal prison, Harvey was sentenced to six months in federal prison, and both face three years of supervised release following incarceration. Co-defendant Leslie Kalyn, aka Leslie Feth, a Doctor of Nursing, was also charged for her alleged role in the opioid distribution conspiracy. A jury trial is scheduled on September 23, 2019.

The case was investigated by the FBI, the Office of Inspector General of the U.S. Department of Health and Human Services, and the Nevada Attorney General’s Office Medicaid Fraud Control Unit. Assistant United States Attorney Nadia Ahmed and Assistant Chief Kilby MacFadden from the Department of Justice Fraud Section prosecuted the case.

The District of Nevada was selected as one of 12 districts nationally to participate in the Opioid Fraud and Abuse Detection Unit, a program that utilizes data to help combat the devastating opioid crisis. The District of Nevada has assigned prosecutors that focus on investigating and prosecuting health care fraud related to medical professionals who prescribe opioids, that unlawfully divert of dispense prescription opioids for illegitimate purposes.
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High Ranking Sinaloa Cartel Member Extradited to the United States

May 29, 2019, 2:03 pm
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Jose Antonio Torres Marrufo (aka “Jaguar”) charged in April 2012 RICO indictment alleging conspiracy to commit murder, kidnaping, money laundering and drug distribution

Jose Antonio Torres Marrufo (aka “Jaguar”) has been extradited from Mexico to face federal racketeering charges in the Western District of Texas, stated U.S. Attorney John F. Bash; Drug Enforcement Administration (DEA) Special Agent in Charge Kyle W. Williamson, El Paso Division; FBI Special Agent in Charge Emmerson Buie, Jr., El Paso Division; and, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek, II, Dallas Division.

Torres Marrufo remains in federal custody awaiting his initial appearance in federal court tomorrow morning in El Paso.

“Through close and sustained cooperation with our partners in Mexico, we are bringing cartel leaders to justice,” said DEA Special Agent in Charge Williamson.  “This extradition sends a message to those leaders that we will relentlessly pursue them, no matter where they are or how long it takes.”

“The FBI El Paso Division is pleased with Mexico's efforts to bring to justice a leader from one of the most violent criminal enterprises that has terrorized the El Paso and Juarez area,” said FBI Special Agent in Charge Buie. “The cooperation between our two countries' law enforcement agencies is a powerful force in disrupting the Sinaloa Cartel Organization's criminal activities that instill fear and threaten the safety of our citizens.”

“No one person, community or country should endure the brutality described in these charges,” stated ATF Special Agent in Charge Boshek. “The cooperation between U.S. and Mexican officials sends a clear message of our collaborative commitment to investigate and prosecute members of these criminal organizations.”

In April 2012, Torres Marrufo was charged in the same federal grand jury indictment as Joaquin Guzman Loera, aka “El Chapo,” Ismael Zambada Garcia aka “Mayo,” and 21 other individuals responsible for the operations and management of the Sinaloa Cartel (Cartel) charging them with violating the Racketeer Influenced and Corrupt Organizations (RICO) Act.

The fourteen-count grand jury indictment, returned on April 11, 2012, charges conspiracy to violate the RICO statute; conspiracy to possess more than five kilograms of cocaine and over 1000 kilograms of marijuana; conspiracy to import more than five kilograms of cocaine and 1000 kilograms of marijuana; conspiracy to commit money laundering; conspiracy to possess firearms in furtherance of drug trafficking crimes; murder in furtherance of a continuing criminal enterprise (CCE) or drug trafficking; engaging in a CCE in furtherance of drug trafficking; conspiracy to kill in a foreign country; kidnapping; and violent crimes in aid of racketeering.

According to the indictment, the purpose of the Sinaloa Cartel is to smuggle large quantities of marijuana and cocaine, as well as other drugs, into the United States for distribution. Laundered proceeds of drug trafficking activities are returned to Cartel members and are used in part to purchase properties related to the daily functioning of the Cartel, including real estate, firearms, ammunition, bullet proof vests, radios, telephones, uniforms and vehicles. In an effort to maintain control of all aspects of their operations, the Cartel and it’s associates, including members of the Gente Nueva (“New People”) and the Artistas Asesinos (“Murder artists”), kidnap, torture and murder those who lose or steal assets belonging to, are disloyal to, or are enemies of the Cartel. This includes the Juarez Cartel, a competing drug organization who at the time was led by Vicente Carrillo Fuentes, as well as it’s enforcement arm known as La Linea and the Barrio Aztecas. Oftentimes, murders committed by the Cartel involve brutal acts of violence as well the public display of the victim along with banners bearing written warnings to those who would cross the Cartel.

The indictment references two acts of violence allegedly committed by members of the Cartel. First, the indictment alleges that in September 2009, Torres Marrufo, Gabino Salas-Valenciano, Fernando Arellano-Romero and Mario Iglesias-Villegas, under the leadership of Joaquin Guzman and Ismael Zambada, conspired to kidnap and murder a Horizon City, Texas, resident. Specifically, Torres Marrufo ordered the kidnapping of the victim to answer for the loss of a 670-pound load of marijuana seized by Border Patrol at the Sierra Blanca checkpoint on August 5, 2009. After the kidnapping, the victim was taken to Juarez where Torres Marrufo interrogated him and ordered that he be killed. On September 8, 2009, the victim’s mutilated body was discovered in Juarez.

Second, the indictment alleges that on May 7, 2010, Torres Marrufo, Fernando Arellano-Romero and Mario Iglesias-Villegas, under the leadership of Joaquin Guzman and Ismael Zambada, conspired to kidnap and murder an American citizen and two members of his family. Specifically, Torres Marrufo caused an individual in El Paso to travel to a wedding ceremony in Juarez to confirm the identity of a target. The target was the groom, a U.S. citizen and a resident of Columbus, NM. Under Torres Marrufo’s orders, the groom, his brother and his uncle were all kidnapped during the wedding ceremony and subsequently tortured and murdered. Their bodies were discovered by Juarez police a few days later in the bed of an abandoned pickup truck. Additionally, a fourth person was killed during the kidnapping at the wedding ceremony.

This investigation resulted in the seizure of hundreds of kilograms of cocaine, and thousands of pounds of marijuana in cities throughout the U.S. Law enforcement also took possession of millions of dollars in drug proceeds which were destined to be returned to the Cartel in Mexico. Agents and officers likewise seized hundreds of weapons and thousands of rounds of ammunition intended to be smuggled into Mexico to assist the Cartel’s battle to take control of one of the key drug trafficking corridors used to bring drugs into the U.S.

This investigation was conducted by the DEA, FBI and ATF together with U.S. Immigration and Customs Enforcement-Homeland Security Investigations, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Marshals Service, El Paso Police Department, El Paso Sheriff’s Office and Texas Department of Public Safety.  The Department of Justice’s Office of International Affairs provided significant support in securing and coordinating Torres Marrufo’s arrest and extradition.  U.S. Attorney Bash also expresses his appreciation to the U.S Attorney’s Office in New Mexico; Attorney General of Mexico Alejandro Gertz Manero and his attorneys; and, to law enforcement authorities in Mexico for their assistance.

Upon conviction, Marrufo faces up to life in federal prison.

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
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San Antonio Man Sentenced to 70 Months in Federal Prison on Child Pornography Charges

May 29, 2019, 2:13 pm
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In San Antonio today, 40-year-old former Homeland Security Investigations agent Richard Nikolai Gratkowski was sentenced to 70 months in federal prison on child pornography charges, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.

In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that Gratkowski pay $35,000 restitution to seven victims, pay a $10,000 assessment under the Justice for Victims of Trafficking Act and be placed under supervised release for a period of ten years after completing his prison term.

On January 4, 2018, federal authorities arrested Gratkowski.  The investigation showed that Gratkowski, after purchasing access to multiple child pornography websites using cryptocurrency, had received hundreds of videos of pre-pubescent children engaged in a variety of sexual acts.  On December 19, 2018, Gratkowski pleaded guilty to the charges of receiving child pornography and accessing with intent to view child pornography.

The FBI San Antonio’s Child Exploitation Human Trafficking Task Force investigated this case along with special agents with the Department of Homeland Security—Office of Inspector General.  Assistant U.S. Attorney Tracy Thompson prosecuted this case on behalf of the Government.
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Pennsylvania Man Pleads Guilty To Transporting Stolen Electronics Across State Lines

May 29, 2019, 2:19 pm
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Defendant broke into various Target stores with blow torch

BOSTON – A Pennsylvania man pleaded guilty today in federal court in Worcester in connection with transporting stolen electronics across state lines. The defendant broke into Target stores in Easton and Westborough, Mass., and in Pennsylvania and Connecticut.

Elijah Aiken, 36, of Allentown, Penn., pleaded guilty to one count of conspiring to transport stolen goods in interstate commerce and two counts of interstate transportation of stolen goods. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Aug. 26, 2019.

From December 2014 until February 2015, Aiken conspired with others to break into numerous Target retail stores during early morning hours, usually by using portable blow torches to cut through the metal loading-dock doors at the rear of the stores. Once inside, Aiken and his co-conspirators stole electronic devices valued at hundreds of thousands of dollars, including cellular phones and computer tablets. Aiken and his co-conspirator successfully burglarized Target stores in Easton and Westborough, Mass., as well as in Pennsylvania and Connecticut. Aiken transported the stolen electronics across state lines in order to sell them to buyers in New York.

The charge of interstate transportation of stolen goods, provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, a fine of up to $250,000, and restitution in an amount determined by the court. The charge of conspiracy to transport stolen goods in interstate commerce provides for a sentence of no greater than five years in prison, up to three years of supervised release, a fine of up to $250,000, and restitution as determined by the court. 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 and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Greg A. Friedholm of Lelling’s Worcester Branch Office is prosecuting the case.
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Chief Executive of Communications Company Sentenced to Prison for Providing Encryption Services and Devices to Criminal Organizations

May 29, 2019, 2:29 pm
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SAN DIEGO – Vincent Ramos, the chief executive of Canada-based Phantom Secure, was sentenced to nine years in prison today for leading a criminal enterprise that facilitated the transnational importation and distribution of narcotics through the sale of encrypted communication devices and services.  The Court also ordered Ramos to forfeit $80 million as proceeds of the crime, as well as specifically identified assets, including international bank accounts, real estate, cryptocurrency accounts, and gold coins.   

This conviction marks the first time the United States targeted a company and convicted its chief executive for knowingly providing transnational criminal organizations with the encrypted infrastructure to conduct the international importation and distribution of narcotics.

“Vincent Ramos is going to prison because he provided violent, drug trafficking organizations with a high tech tool that enabled them to coordinate their crimes while staying in the shadows,” said U.S. Attorney Robert Brewer.  “But Ramos’s system is down permanently, he has forfeited his wealth, and he is going to prison for nearly a decade.  We will continue to investigate and prosecute these individuals, whether they are the ones transporting and selling drugs, or providing the tools to those who do.”

“I want to thank prosecutors Andrew Young, Ben Katz and Mark Pletcher, as well as the FBI, DEA, Customs and Border Protection, Homeland Security Investigations, U.S. Marshals Service, Washington State Police, the Bellingham and Blaine Police Departments, and all of our law enforcement partners around the world, including Australia, Canada, Panama, Hong Kong, and Thailand for their hard work on this case,” Brewer said.

“Striking at the heart of organized crime has always been a priority for the FBI,” said Scott Brunner, FBI Special Agent in Charge of the San Diego Field Office. “This case demonstrates that no matter the dangerous criminal activity or the advanced technology used by these sophisticated criminal enterprises, the FBI will keep pace to infiltrate and dismantle the organizations that, in today’s world, operate domestically and internationally. As a result, the FBI joins forces with exceptional law enforcement partners both in the U.S. and abroad, to ensure every tentacle of the global enterprise is severed and cannot operate its illegal and dangerous crimes.”

Ramos advertised Phantom Secure’s products as impervious to decryption, wiretapping or legal third-party records requests. Phantom Secure routinely deleted and destroyed evidence from devices that it knew had been seized by law enforcement.  According to Court documents, Phantom Secure’s clients used email handles like the following to conduct criminal activities:  leadslinger@freedomsecure.me; The.cartel@freedomsecure.me; The.killa@freedomsecure.me; Trigger-happy@lockedpgp.com; Knee_capper9@lockedpgp.com; Elchapo66@lockedpgp.com;  Time4a187@freedomsecure.me.    

According to court documents, one of Ramos’s customers, Owen Hanson (who was previously sentenced to 21 years in custody), used only six Phantom Secure devices to coordinate the transportation of more than a ton of cocaine from Mexico into the United States and on to Canada and Australia.  The government conservatively estimates there were at least 7,000 Phantom Secure devices in use at the time Ramos was arrested--meaning that “the amount of drugs Phantom Secure aided and abetted in transporting by providing devices and services to criminals worldwide was too high calculate.”

Ramos’ customers used his products to devastating and sometimes deadly effect, and Ramos used this to market his encryption services to criminals across the world.  According to court documents, in response to a March 5, 2014 news article that reported investigations of a gangland murder were stymied because the suspects used Phantom Secure devices to coordinate the killing, Ramos wrote, “this is the best verification on what we have been saying all along – proven and effective for now over nine years.  It is the highest level of authority confirming our effectiveness.  It can’t get better than that.”   

The international operation to arrest Ramos and seize Phantom Secure’s infrastructure involved cooperation and efforts by law enforcement authorities in the United States, Australia, and Canada, with additional assistance from U.S. and foreign law enforcement in Panama, Hong Kong, and Thailand.

Ramos’s co-defendants - Kim Augustus Rodd, Younes Nasri, Michael Gamboa and Christopher Poquiz – remain international fugitives, charged with participating in and aiding and abetting a racketeering enterprise and conspiring to import and distribute controlled substances around the world.  All have been charged with Conspiracy to Commit RICO in violation of 18 U.S.C. § 1962 and Conspiracy to Distribute Controlled Substances in violation of 21 U.S.C.  § 841 and 846.

In addition to our foreign law enforcement partners, the U.S. Attorney’s Office further recognizes the support and assistance of the U.S. Drug Enforcement Administration; United States Marshals Service; U.S. Customs and Border Protection; the United States Department of Homeland Security; Seattle and Las Vegas field offices of the Federal Bureau of Investigation; the Washington State Police Department; the City of Bellingham, Washington Police Department; the City of Blaine, Washington Police Department; and the Canada Border Services Agency, among others, without whose help this prosecution could not have been possible.

This case is the result of ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise of federal, state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high-level members of drug trafficking, weapons trafficking, and money laundering organizations and enterprises.

DEFENDANT                                               Case Number 18CR1404-WQH                                        

Vincent Ramos (1)                                          Richmond, British Columbia, Canada

   aka “CEO”

   aka “Business”

SUMMARY OF CHARGES

Racketeering Conspiracy (RICO Conspiracy), in violation of 18 U.S.C. § 1962(d)

Maximum Penalty: 20 years in prison

AGENCIES

Federal Bureau of Investigation

Drug Enforcement Administration

United States Marshals Service

Department of Justice, Office of International Affairs

Australian Federal Police

New South Wales Police (Australia)

New South Wales Crime Commission (Australia)

Australian Criminal Intelligence Commission

Royal Canadian Mounted Police

International Assistance Group, Department of Justice, Canada
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Federal Indictment Adds 10th Defendant and Expands Charges Against 9 Others in International “Romance Scam” Investigation

May 30, 2019, 1:43 pm
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CHICAGO — Eight Chicago-area residents are among ten individuals charged as part of an international investigation into online fraud schemes, including “romance scams” and “mystery shopper scams.”

The Chicago-based investigation, dubbed “Operation Gold Phish,” identified a variety of cyber-enabled fraud schemes allegedly carried out by individuals in the United States and Nigeria.  One of the alleged schemes involved “romance scams,” in which a defendant builds trust with a victim through a purported online romance before convincing the victim to send money to a predetermined recipient.  The defendants contacted victims via websites such as Match.com, Facebook, and Instagram.

Another cyber-enabled fraud allegedly carried out by the defendants involved a “mystery shopper scam,” in which victims were fraudulently offered opportunities to receive commissions for evaluating services such as Western Union and MoneyGram.  The victims received a check with instructions to deposit it in their bank accounts, withdraw the money in cash, and wire it to a predetermined third party.  The check turned out to be fake, and the victims were defrauded of the money they had withdrawn from their accounts, the charges allege.

Nine of the defendants were originally charged last year with conspiracy to commit wire fraud.  A federal indictment, returned May 16, 2019, added a tenth defendant and expanded the charges against the others.  The original defendants are in law enforcement custody – eight in the U.S. and one in Nigeria – while the newly added defendant remains at large.

The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Craig Goldberg, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago.  Valuable assistance was provided by the Nigerian Economic and Financial Crimes Commission.  Assistant U.S. Attorneys Peter S. Salib and Charles W. Mulaney represent the government.

Charged in the indictment are:

    Newly added defendant OLANIYI NASIRU OJIKUTU, 39, of Chicago (three counts of wire fraud)
    DANIEL SAMUEL ETA, also known as “Captain” and “Etaoko,” 35, of Skokie (12 counts of wire fraud, one count of conspiracy to commit a computer intrusion, one count of passport fraud)
    BABATUNDE LADEHINDE LABIYI, also known as “Junior,” 26, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
    BARNABAS OGHENERUKEVWE EDJIEH, 29, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
    SULTAN OMOGBADEBO ANIFOWOSHE, also known as “Ayinde,” 27, of Chicago (one count of wire fraud, one count of mail fraud, one count of making a false statement to a financial institution, one count of passport fraud)
    BABATUNDE IBRAHEEM AKARIGIDI, also known as “AK,” 39, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
    MIRACLE AYOKUNLE OKUNOLA, 21, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
    OLUROTIMI AKITUNDE IDOWU, also known as “Idol,” 55, of Chicago (one count of wire fraud, one count of making a false statement to a financial institution, one count of passport fraud)
    ADEWALE ANTHONY ADEWUMI, 28, of Richardson, Texas (two counts of wire fraud)
    OLANIYI ADELEYE OGUNGBAIYE, also known as “DonChiChi,” 26, of Lagos, Nigeria (one count of wire fraud, one count of conspiracy to commit a computer intrusion).  Ogungbaiye is in law enforcement custody in Nigeria.

The eight defendants in U.S. custody pleaded not guilty during arraignments last week before U.S. Magistrate Judge Jeffrey Cole in Chicago.

In addition to the romance and mystery shopper schemes, the indictment accuses the defendants of engaging in other cyber-enabled scams.  In a scheme known as a “business email compromise,” the defendants fraudulently obtained usernames and passwords or sent spoofing email messages to employees claiming to be from a known business contact, instructing victims to change the wire instructions for bank payments, the charges allege.  Per the instructions given in the fraudulent emails, the victim then unknowingly wired funds to a bank account controlled by the defendants that had been opened in a fictitious name utilizing a fake passport, the indictment states.

The public is reminded that charges contains only accusations and are not evidence of guilt.  The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.  Making a false statement to a financial institution carries a maximum sentence of 30 years in prison; wire fraud is punishable by up to 20 years; passport fraud is punishable by up to ten years; and conspiracy to commit computer fraud is punishable by up to five years.  If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
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Man Charged With Sending Racist Death Threats to Dozens of Professional and College Athletes

May 30, 2019, 1:49 pm
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Defendant allegedly posted threats to at least 45 Instagram accounts of athletes

BOSTON – A former college soccer player was charged today in federal court in Boston with sending death threats to at least 45 professional and collegiate athletes between July and December 2017.

Addison Choi, 23, of Fullerton, Calif., was charged with one count of transmitting in interstate and foreign commerce a threat to injure the person of another. Choi will appear in federal court in Boston at a later date.

“There is a difference between free speech – even hate speech – and intentionally putting others in fear for their lives,” United States Attorney Andrew E. Lelling. “Mr. Choi crossed that line. Based on today’s charging document, and hiding behind the anonymity of social media, he threatened his victims in graphically violent, often racist terms. We take seriously internet-based threats of violence, especially racist ones – they undermine our nation’s hard-won, fundamental values of equality.”

“As alleged, Addison Choi made dozens of vile and racist death threats targeting professional and collegiate athletes and their families,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “He waged a very public campaign of intimidation against them, blaming them for his own prolific gambling losses. Let this case serve as another warning to others who think they can hide behind a keyboard and get away with making violent threats that put others in fear for their lives. Enough is enough. The FBI takes seriously all acts or threats of violence and is committed to investigating them.”

According to court documents, in 2017 Choi attended college in Wellesley where he played varsity soccer. He also gambled prolifically on sports, both professional and collegiate, and he lost more than he won. When the players or teams that he bet on performed poorly, Choi used Instagram to send them death threats. For example, on July 27, 2017, Choi posted on one professional athlete’s Instagram account: “I will kill you and your family and f****** hang them on a tree you stupid ugly mother*****” and also “I hope you f****** die you stupid monkey n*****.” On the same day, Choi posted on another athlete’s Instagram account: “I’ll find your f****** family and skin them alive you stupid f***, I hope you never play again.” Choi also posted threats on the accounts of athletes’ loved ones.

In another instance, Choi posted on the Instagram page of a professional athlete’s girlfriend, “You stupid mother***** [name], you worthless f***. I will f****** kill you,” and “I will f****** kill [name] you dumb f****** bitch… leave that irrelevant stupid mother*****.”

Between July 2017 and December 2017, Choi allegedly posted threats to at least 45 different Instagram accounts, with multiple threats to each account and often multiple targets per threat.

Choi faces a sentence of no greater than five years in prison, three years of supervised release, restitution, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Lelling and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys Scott L. Garland, of Lelling’s Civil Rights Enforcement Team, and Gregory J. Dorchak, of Lelling’s Civil Rights Unit, are prosecuting the case.
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South Los Angeles Man Sentenced to Over 10 Years in Federal Prison for Receipt of Child Pornography

May 30, 2019, 1:59 pm
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          LOS ANGELES – A federal judge has sentenced a South Los Angeles man to more than 10 years in federal prison for receiving child pornography he obtained over a peer-to-peer computer network.

          Fernando Vasquez Garcia, 31, was sentenced on May 24 to 121 months in prison, which will be followed by a lifetime period of supervised release. In addition to the prison term, United States District Judge André Birotte Jr. ordered Garcia to pay $1,000 in restitution to one victim and a $5,000 special assessment pursuant to the Justice for Victims of Trafficking Act.

          Garcia pleaded guilty on February 22 to one count of receiving child pornography. When he pleaded guilty, Garcia admitted obtaining videos and still images from a peer-to-peer network that depicted, among other things, a 10-year-old being forced to have sex and children under the age of 2 being used for sex acts.

          When he was juvenile, Garcia had an adjudication for committing a lewd act on a child, according to court documents. Prosecutors argued that the juvenile offense, combined with the child pornography offense, demonstrated a “well-documented and lifelong sexual interest in, and obsession with, children.”

          The Federal Bureau of Investigation conducted the investigation into Garcia.

          This case was prosecuted by Assistant United States Attorney Kathy Yu of the International Narcotics, Money Laundering, and Racketeering Section.
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May 30, 2019, 2:05 pm
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Paterson Contractor Admits Role In Scheme With Former Municipal Utilities Authority Commissioner To Steal Funds And Pay Kickbacks

May 30, 2019, 2:11 pm
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NEWARK, N.J. – A Paterson-based contractor today admitted conspiring with a commissioner of the now-defunct Paterson Municipal Utilities Authority (MUA) to steal funds and pay kickbacks in return for obtaining work from the authority, U.S. Attorney Craig Carpenito announced.

Anthony Cacciola, 47, of Waldwick, New Jersey, pleaded guilty before U.S. District Judge Kevin McNulty to an information charging him with one count of conspiracy to commit extortion under color of official right.

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

Cacciola operated a Paterson-based business specializing in fence installation and repair for both commercial and residential properties. In 2012 he was introduced to Erik Lowe, an MUA commissioner from February 2009 through May 2015. In this position, Lowe exercised control over the finances of the MUA, which had been created to manage the hydroelectric plant on the Passaic River in Paterson and manage certain surrounding properties.

Cacciola admitted that Lowe would inflate the dollar amount of the checks Lowe provided to Cacciola for various MUA contracts well beyond the actual value of the services performed. Cacciola admitted that this enabled him to kick back to Lowe thousands of dollars in cash for Lowe’s official assistance in directing work to Cacciola. Near the end of the scheme, Cacciola began accepting MUA checks from Lowe worth thousands of dollars knowing that no job had been, or would be, performed. Cacciola accepted a total of $141,700 in MUA checks from Lowe, out of which Cacciola paid tens of thousands of dollars in cash kickbacks to Lowe.

The count to which Cacciola pleaded guilty carries a maximum potential penalty of 20 years in prison and a $250,000 fine. As part of his plea, Cacciola must pay restitution of $89,900. Sentencing is scheduled for Sept. 23, 2019.

Lowe pleaded guilty on May 30, 2018, before former Chief U.S. District Judge Jose L. Linares to one count of extortion under color of official right involving the same scheme to which Cacciola today pleaded guilty, and one count of conspiracy to commit extortion under color of official right pertaining to a separate fraud/kickback scheme involving Paterson MUA funds with Carnell Baskerville. Lowe is scheduled to be sentenced by Judge McNulty on June 4, 2019. Baskerville was sentenced by Judge Linares on Oct. 23, 2018, to 21 months in prison.

U.S. Attorney Carpenito credited special agents of the FBI under the direction of Special Agent in Charge Gregory W. Ehrie, with the investigation leading to todays’ guilty plea.

The government is represented by Assistant U.S. Attorney Mark J. McCarren of the U.S. Attorney’s Office’s Special Prosecutions Division in Newark.

Defense counsel: John Bruno Esq., Rutherford, New Jersey
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Former Employee Of Scranton Counseling Center Sentenced To 15 Years’ Imprisonment For Producing Child Pornography

May 31, 2019, 12:16 pm
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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lawrence Stone, age 64, formerly of East Stroudsburg, Nanticoke, and Scranton, Pennsylvania, a former Master Clinician and Case Manager at Scranton Counseling Center, was sentenced on May 23, 2019, to 15 years’ imprisonment to be followed by five years on supervised release by U.S. District Court Judge Malachy E. Mannion for producing child pornography.

According to United States Attorney David J. Freed, Stone previously admitted to persuading two minor victims (ages 13 and 14) to engage in sexually explicit conduct for the purpose of producing images of the conduct. Stone committed the offense between 2010 and 2014, when he was employed at the Scranton Counseling Center.

Judge Mannion also ordered Stone to receive sex offender treatment and to comply with all provisions of the Sex Offender Registration and Notification Act.       

Stone was indicted by a federal grand jury in November 2018, as a result of an investigation by the Federal Bureau of Investigation and Scranton Police. Assistant United States Attorney Francis P. Sempa prosecuted the case.
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