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Madison County Sheriff’s Deputy Arrested and Charged with Crimes Relating to Sexual Exploitation of Minors

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A Madison County, Virginia, Sheriff’s Office detective, assigned to the Internet Crimes Against Children Task Force (ICAC), was arrested this morning and charged via federal criminal complaint with four counts relating to the sexual exploitation of minors.

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Rick A. Mountcastle of the Western District of Virginia, Colonel Steve W. Flaherty of the Virginia State Police and Acting Special Agent in Charge Division John J. Lenkart of the FBI’s Richmond Division made the announcement.

Bruce A. Harvey, 40, of Reva, Virginia, has been charged with two counts of transporting minors across state lines with the intent to engage in criminal sexual activity and two counts of interstate travel with minors with the intent to engage in illicit sexual conduct. The alleged criminal activity involved two minor female victims who had contact with Harvey while he worked as a karate instructor. The alleged criminal conduct occurred between 1998 and 2007.

Harvey, a former instructor at the Virginia Tong Leong School of Karate in Madison, had his initial appearance this afternoon in the U.S. District Court for the Western District of Virginia in Charlottesville and remains in custody pending further court action.

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

The investigation of the case is ongoing and being conducted by the FBI and the Virginia State Police. Assistant U.S. Attorney Nancy S. Healey of the Western District of Virginia and Trial Attorney Lauren S. Kupersmith of the Justice Department’s Child Exploitation and Obscenity Section (CEOS) are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

If you have any information about these crimes or information about a potential victim, please contact the FBI at 800-CALL-FBI. Investigators and victim specialists are available to assist you.

Former Miami-Dade Police Detective Sentenced to Prison for Stealing Money from Migrant Workers and Obstructing Justice

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U.S. District Court Judge Marcia G. Cooke sentenced former Miami-Dade Police Detective William Kostopoulos, 49, today to 36 months in prison.  Kostopoulos was convicted in February 2017 for using his law enforcement authority to violate the civil rights of two motorists as well as obstructing justice.
   
Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division, Acting U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida, and Special Agent in Charge George L. Piro of the Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.

According to evidence presented during the two-week trial, in 2013, Kostopoulos stopped two separate motorists, both undocumented migrant workers, in order to steal their money, in violation of their rights under the Fourth Amendment of the U.S. Constitution to be free from unreasonable seizures of their property.  Kostopoulos subsequently obstructed justice by making misleading statements in order to prevent the communication of information about his crimes to federal law enforcement officers.

This case was investigated by the FBI, with assistance from the Homestead Police Department and the Miami-Dade Police Department.  Assistant U.S. Attorneys Edward N. Stamm and Tonya R. Long of the Southern District of Florida and Trial Attorney Samantha Trepel of the Civil Rights Division prosecuted the case.

Former Tennessee Sheriff Sentenced on Federal Corruption Charges

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A former Rutherford County Sheriff was sentenced today to 50 months in prison for operating a private electronic cigarette company in the county jail for personal gain and the concealment and misrepresentation of their involvement with the business, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.

Robert F. Arnold, 41, of Murfreesboro, Tennessee, was sentenced today by Senior U.S. District Judge Marvin E. Aspen of the Northern District of Illinois (sitting by designation in the Middle District of Tennessee) who also ordered Arnold to pay $52,500 in restitution and to forfeit $66,790, an amount equal to all proceeds he received from sales at the Rutherford County jail. Arnold previously pleaded guilty on Jan. 30, 2017 before Chief U.S. District Judge Kevin H. Sharp of the Middle District of Tennessee.

According to his plea, Arnold admitted to using his official position as Sheriff of Rutherford County to benefit JailCigs by allowing the company’s electronic cigarettes to come into the Rutherford County jail as non-contraband and be distributed by county employees; taking steps to disguise their involvement in the company; and misrepresenting the benefits that Rutherford County was supposedly receiving from JailCigs. Additionally, Arnold admitted that he personally received over $66,000 from the company, and that he lied about his income from – and knowledge of – JailCigs when he was confronted by local media in April 2015.

Co-defendants former Chief Administrative Deputy Joe L. Russell II, of Rutherford County, Tennessee, and John Vanderveer, of Marietta, Georgia, pleaded guilty on Jan. 20, 2017, and Jan. 30, 2017, respectively. Vanderveer is set to be sentenced on Sept. 6, 2017, and Russell is set to be sentenced on Sept. 8, 2017.

The FBI and Tennessee Bureau of Investigation investigated the case. Trial Attorney Mark J. Cipolletti of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Cecil W. VanDevender of the Middle District of Tennessee prosecuted the case.

Destination Zero Conference

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The Bureau of Justice Assistance Destination Zero Program, a collaborative effort between the VALOR Program and the National Law Enforcement Officers Memorial Fund, is designed to help law enforcement agencies improve the health and safety of their officers across the United States. The inaugural Destination Zero Conference will be held Aug. 3-4, 2017 in Orlando, Fla., and will offer law enforcement professionals the chance to meet and hear from Destination Zero award winners and finalists. The conference is designed to provide a platform to reach many police officers and executives. Registration will open soon. If you have questions, call Christine Morgan at (850) 385-0600, extension 235, or e-mail cmorgan@iir.com. For information on the Destination Zero Program, go to http://www.nleomf.org/programs/destination-zero/destination-zero-program.html

Former Military Sealift Command Contractor Charged with Bribery and Fraud

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A former contractor at the Military Sealift Command (MSC) was indicted for his role in a bribery and fraud conspiracy from approximately 1999 to 2014, in which he allegedly received almost $3 million dollars in bribes. Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Dana J. Boente of the Eastern District of Virginia made the announcement.

Scott B. Miserendino Sr., 58, formerly of Stafford, Virginia, was charged in a five-count indictment with one count of conspiracy to commit bribery and honest services mail fraud, one count of bribery and three counts of honest services mail fraud. Miserendino’s arraignment will be scheduled at a later date.

According to allegations in the indictment, Miserendino was a government contractor at MSC, an entity of the U.S. Department of the Navy that provided support and specialized services to the Navy and other U.S. military forces. The indictment alleges that Miserendino and Joseph P. Allen, the owner of a government contracting company, conspired to use Miserendino’s position at MSC to enrich themselves through bribery.

Specifically, beginning in 1999, Miserendino allegedly used his position and influence at MSC to assist Allen and his company in obtaining and expanding a commission agreement with a telecommunications company, which sold maritime satellite services to MSC, according to the indictment. For more than a decade, Miserendino allegedly used his influence at MSC to take official acts to benefit the telecommunications company, which through the commission agreement, also benefited Allen and his company. Among his actions, the indictment alleges that Miserendino: advised officials at MSC and on their ships about using the telecommunications company’s services; authorized Allen and his employees to perform services on MSC ships and ensure that the equipment on those ships defaulted to the telecommunications company’s services rather than that of an alternative provider; and facilitated payment to the telecommunications company for the services it rendered to MSC. Unknown to MSC or the telecommunications company, throughout the scheme, Allen paid half of the commissions he received from the telecommunications company to Miserendino as bribes, according to allegations in the indictment.

For his role in the scheme, Allen, 56, of Panama City, Florida, pleaded guilty to one count of conspiracy to commit bribery on April 19, 2017, before U.S. Magistrate Judge Lawrence R. Leonard, in Norfolk, Virginia. Sentencing is scheduled for July 28, 2017, before U.S. District Judge Arenda L. Wright Allen, in Norfolk.

The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The Norfolk offices of the FBI, the Defense Criminal Investigative Service and the Naval Criminal Investigative Service investigated the case. Trial Attorneys Sean F. Mulryne and Molly Gaston of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Stephen W. Haynie of the Eastern District of Virginia are prosecuting the case.

Honduran Man Pleads Guilty to Use of A Firearm During a Crime of Violence Resulting in Death to Another for MS-13 Murder

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A Honduran man pleaded guilty today to use of a firearm in the commission of a crime of violence resulting in the death of another for his participation in a murder committed as part of a gang initiation for two recruits of La Mara Salvatrucha, or MS-13.

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Dana J. Boente of the Eastern District of Virginia, Special Agent in Charge Adam S. Lee of the FBI’s Richmond, Virginia, Division, Special Agent in Charge Patrick J. Lechleitner of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Washington, D.C., and Police Chief Alfred Durham of the Richmond Police Department made the announcement.

Yerwin Ivan Hernandez-Ordonez, aka Probador, 31, a Honduran national, pleaded guilty before U.S. Magistrate David J. Novak in the Eastern District of Virginia to use of a firearm during a crime of violence causing the death of another. In October 2016, Hernandez-Ordonez was arrested in Panama and extradited to the United States. Sentencing is set for Aug. 3, 2017, before the Honorable Robert E. Payne.

MS-13 is a national and international gang that was formed and is headquartered in El Salvador. Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Virginia, Maryland and Washington, D.C., among other cities. MS-13 members are required to commit acts of violence within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.

In his plea agreement, Hernandez-Ordonez admitted that he aided two MS-13 recruits to murder a victim so the recruits could gain entrance into MS-13. Specifically, Hernandez-Ordonez admitted that on July 23, 2011, he and members of the Richmond Sailors clique of MS-13 decided the killing of the rival gang member would be the initiation rite for two MS-13 recruits. The leader chose Hernandez-Ordonez and a co-conspirator gang member to ensure the recruits carried out the murder. Later that night and into the early morning hours of July 24, 2011, the recruits drove the victim to an area near the 8200 block of Riverside Drive in Richmond. One of the recruits then attempted to shoot the victim, but the gun misfired. An MS-13 member then shot the victim with another gun, but did not kill him. When the victim attempted to flee, Hernandez-Ordonez chased the victim down and brought him back to the group, and thereafter, the two recruits shot the victim in the head and killed him. Later that same day, the two recruits were initiated into the gang.

Jose Armando Bran, aka Pantro, the leader of MS-13’s Sailors Locos Salvatrucha clique in Richmond, was found guilty of two counts of conspiracy to commit murder, murder, maiming and use of a firearm during a crime of violence in death on May 20, 2013. Bran was sentenced in Aug. 15, 2013, to serve two consecutive life sentences plus 120 months for his role in the same murder and a separate maiming that he ordered while he was an MS-13 gang leader in Richmond.

FBI Richmond, HSI Richmond and the Richmond Police Department investigated the case. The Criminal Division’s Office of International Affairs provided significant assistance with the extradition of Hernandez-Ordonez. Trial Attorneys Matthew K. Hoff and Andrew Creighton of the Organized Crime and Gang Section and Assistant U.S. Attorney Stephen W. Miller of the Eastern District of Virginia are prosecuting the case.

ATF Offers Reward of Up to $10,000 for Information about Point Breeze Arson

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 Multiple residential properties damaged by intentionally set fire

PHILADELPHIA, PA— The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Philadelphia Field Division announced today a reward of up to $10,000 for information leading to the arrest and conviction of the person(s) responsible for the arson that occurred at approximately 4:15 a.m. on May 1st at 1310 S. 20th Street in Philadelphia.

Investigators have conducted a thorough examination of the fire scene and have ruled the cause of the fire to be incendiary. The fire destroyed several residential properties that were in various stages of construction. There were no reported injuries as a result of the fire. Investigators are seeking assistance from the public that may aid them in solving this arson.

“Acts of arson are dangerous crimes and threaten the community. ATF is committed to keeping the public safe from those who maliciously set fires,” said ATF Special Agent in Charge Sam Rabadi. “We are asking the public to provide any information that would lead investigators to those responsible for this arson.”

The investigation is being conducted by investigators from the ATF, the Philadelphia Fire Marshal’s Office, and the Philadelphia Police Department.

Anyone having information regarding this arson should call the ATF 24/7 hotline at 1-888-ATF-FIRE (1-888-283-3473), email: ATFTips@atf.gov (link sends e-mail) or submit a tip anonymously by using the ReportIt App on your mobile phone.

Armed Career Criminal Sentenced to Twenty Years in Federal Prison

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CHATTANOOGA, Tenn. – On May 3, 2017, Angelo Goldston, 37, of Cleveland, Tennessee, was sentenced to serve 240 months in prison by the Honorable Harry S. Mattice, Jr., U.S. District Judge.  Upon his release from prison, Goldston will be under the supervision of the U.S. Probation Office for five years.

After a January 2017 jury trial, Goldston was convicted of unlawfully possessing a firearm.  His sentence was enhanced based on his seven prior convictions for serious drug offenses and because the firearm he possessed was a sawed-off shotgun.  He was sentenced under the Armed Career Criminal Act (ACCA).

According to eyewitnesses who testified at his trial, Goldston displayed the sawed-off shotgun during a heated exchange with an unarmed man as children stood by and watched.  The altercation took place in the middle of the day in a residential neighborhood in Cleveland. 

U.S. Attorney Nancy Stallard Harr said, “Goldston’s sentence reflects the danger and risk of harm his conduct posed to society.  The Sixth Circuit Court of Appeals previously recognized that sawed-off shotguns, by their very nature, are extremely dangerous and serve virtually no purpose other than furtherance of illegal activity.  That danger is heightened when career criminals, such as Goldston, possess these types of weapons.”

“The sentencing illustrates the positive effect of the resources provided by ATF and our law enforcement partners to combat the violent crime.   ATF’s priority is to provide the safe environment for the public," stated Steven Gerido, Special Agent in Charge, Alcohol, Tobacco, Firearms and Explosives.

The indictment and subsequent conviction of Goldston was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, 10th Judicial District Drug & Violent Crime Task Force, and Cleveland Police Department.  Assistant U.S. Attorneys Michael D. Porter and Kyle J. Wilson represented the United States at trial.

This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws.  It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences.  PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.

ATF Partners With NSSF To Offer $10,000 Reward In Coppell Federal Firearms Licensee Burglary ATF seeks to identify suspects

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DALLAS — The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Dallas Field Division is offering a $5,000 reward, combined with an additional $5,000 offered by the National Sports Shooting Foundation (NSSF), for a total reward of up to $10,000 for information leading to the arrest and conviction of those responsible for the burglary and theft of firearms from a federal firearms licensee (FFL) in Coppell, Texas.

On Friday, April 14, 2017, at approximately 1:00 a.m., two subjects forced entry into FFL Grab-A-Gun located in the 200 block of Belt Line Road. The suspects wore dark clothing, gloves and masks covering the lower half of their faces. They carried sharp-edged tools that were utilized to break open display cases. The pair escaped into a waiting SUV-type vehicle with 10 long guns and 14 hand guns. The suspects and the SUV were captured on video surveillance footage.

One suspect is described as a male, approximately 5 feet 7 inches tall with a medium build. At the time of the burglary, this suspect wore dark-colored jeans, a dark, hooded sweatshirt, a dark knit ski hat, white tennis shoes, dark gloves and a dark mask covering the lower half of his face.

The other suspect is described as a male, approximately 5 feet 8 inches tall with a medium build. At the time of the burglary, this suspect wore light-colored jeans, a dark, hooded sweatshirt, a dark knit ski hat, dark tennis shoes with white soles, dark gloves and a dark mask covering the lower half of his face.

This reward is part of a larger national cooperative initiative between the NSSF, the trade association for the firearms industry, and ATF in which NSSF matches ATF’s reward in cases involving the theft of firearms from federally licensed firearms retailers.

Any information regarding these crimes can be reported to ATF Dallas Field Division. Call 1-469-227-4300 or 1-800-ATF-GUNS (283-4867). A tip can also be reported via text or through ATF’s new “reportit” app. To text a tip, send the code ATFDAL to 63975, then follow the link to create a report. The “reportit” app is available at www.reportit.com (link is external) at Google Play and the Apple App Store. All tips are confidential and can be anonymous. More information about ATF and its programs is available at www.atf.gov.

Massive Strike Against Violent Street Gangs in San Diego County Results in Federal Charges Against 140-plus Gang Members and Associates in Less Than Three Months

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Sixteen members and associates of Escondido-based Diablos street gang are charged with firearms and methamphetamine trafficking in most recent case

SAN DIEGO, CA – A crackdown on violent street gangs in San Diego County over the last 75 days has resulted in federal charges against more than 140 gang members and associates, many of whom are accused of terrorizing neighborhoods with shootings, robberies and other violent crimes.

More than 60 firearms and 30 pounds of methamphetamine, plus cash and other illicit drugs were seized by law enforcement during the course of four long-term gang investigations that culminated this spring with various indictments charging crimes such as racketeering, money laundering and gun, drug or sex trafficking.

“This is an unusually large number of gang members arrested in a very short period of time,” said Acting U.S. Attorney Alana W. Robinson. “The sheer number of arrests illustrates that gangs are a significant problem in this county. But it also underscores our enormous commitment to use every tool we have to attack this problem and restore communities to families who should not have to live in fear in their own homes.”

The most recent charges, unsealed this week in federal court, involve the prosecution of 16 members and associates of the Escondido-based Diablos street gang. The defendants are facing various drug trafficking offenses.

According to court records, in the last year the Diablos gang has been responsible for more than 25 gang-related shootings, multiple attempted murders, dozens of armed robberies, multiple instances of witness intimidation and the widespread distribution of narcotics and firearms in North San Diego County.

This investigation helped to identify and locate Dionicio Torrez, a Diablos gang member, as the suspected shooter of Cathy Kennedy, who was fatally wounded by gang gunfire March 7 as she drove home from church in Escondido.

The case involved a total of 13 wiretaps, the interception of over 20,000 telephone calls and text messages and the seizure of approximately 13 pounds of high-quality methamphetamine and 10 rifles and handguns, including 4 AR-15 type rifles, an AK-47 rifle, an SKS rifle and 2 handguns, one of which had an obliterated serial number.

The Diablos Enterprise claims control of the eastern and north central areas of Escondido. The approximate boundaries of the territory they claim is Lincoln Avenue to the north, Grand Avenue to the south, Midway Drive to the to the east and Escondido Boulevard to the west. There are approximately 311 documented members of the Diablos Enterprise and an additional 400 individuals who are “associates” of the Diablos Enterprise.

The four proactive gang cases involved months of federal wiretaps, extensive surveillance and scores of undercover drug and gun buys. Defendants were charged with crimes ranging from money laundering and racketeering to heroin, methamphetamine, firearms and sex trafficking.

“When members of criminal street gangs are arrested during joint operations, the San Diego County District Attorney’s Office reviews their criminal histories and coordinates with the U.S. Attorney’s Office to determine where a defendant would be most appropriately prosecuted,” said Chief Deputy DA Summer Stephan, who oversees the DA’s Gangs Division. “In essence, we collaborate to get the most effective bang for our prosecutorial buck and make sure justice is served, whether that happens on the state or federal side.”

“The arrests in these investigations illustrate that when there is violence and drug trafficking in our communities, it will be dealt with swiftly,” said DEA San Diego Special Agent in Charge William R. Sherman.  “Local and federal agencies will combine resources and do what is necessary to ensure the safety of our citizens. DEA will continue to partner with local agencies to rid our neighborhoods of drug traffickers and all the related crime they bring to our communities.”

Federal Bureau of Investigation Special Agent in Charge Eric S. Birnbaum stated, “Dismantling violent gangs is a continuing priority for the FBI. We share an unwavering commitment with our law enforcement partners to address the dangerous threat facing our communities today. The impact of our recent gang cases clearly demonstrates our focus and determination to strike at gang related enterprises and to eliminate the terror these groups inflict on our neighborhoods.”

“Our communities are safer because of ATF’s expanded efforts to target and dismantle criminal gangs and organized criminal enterprises that use firearms and violent acts to further their illegal gains,” said ATF Los Angeles Field Division Special Agent in Charge Eric Harden. “ATF and its partners are dedicated to carrying out our mission by ridding our communities of these gang members and associates who shatter families and destroy lives.”

“Our agency plays a unique role in federal law enforcement’s resolve to dismantle the criminal gang enterprises terrorizing our streets. Our agents target the profit and financial gains of these organizations, following the money in an effort to disrupt these organizations and restore order to our communities,” stated Special Agent in Charge R. Damon Rowe for IRS Criminal Investigation. “We are proud to provide this financial expertise as we work alongside our law enforcement partners to bring these criminals to justice."

The success of these cases is due to the collaborative effort of our federal, state and local partners working in task forces in order to leverage resources provided by the Office of National Drug Control Policy and the Organized Crime Drug Enforcement Task Force (OCDETF), which are federal anti-drug programs. The OCDETF program was created to consolidate and coordinate all law enforcement resources in this country's
battle against gangs, major drug trafficking rings, drug kingpins and money launderers.

DEFENDANTS                                          
Case Number:   17CR1071-BEN
Gustavo Cisneros                                Age: 38                                   Vista
Rafael Zamora                                    Age: 33                                   Vista

Case Number:   17CR1070-BEN

Gustavo Cisneros                                Age: 38                                   Vista
Eduardo Rojo                                      Age: 32                                   Tijuana, Mexico
David Bollschweiler                            Age: 55                                   Escondido
Jesus Salazar                                     Age: 23                                   Chula Vista

Case Number:  17CR1069-BEN

Gustavo Cisneros                                Age: 38                                   Vista
David Bollschweiler                            Age: 55                                   Escondido
Leonel Ayala-Arambula                       Age: 47                                  El Cajon

Case Number:  17CR1068-BEN

Augustine Aragon                               Age: 23                                   Escondido
Francisco Torres-Cortez                      Age: 27                                   San Marcos
Sarah Hudgins                                    Age: 27                                   San Marcos

Case Number:  17CR1067-BEN

Gustavo Cisneros                              Age: 38                                   Vista
Adrian Nieves Garcia                         Age: 22                                   San Diego
Fredy Cruz                                       Age: 30                                    San Diego

Case Number:  17CR1066-BEN

Augustine Aragon                               Age: 23                                   Escondido
Marcia Cervantes                                Age: 27                                   Escondido


SUMMARY OF CHARGE COMMON TO ALL ABOVE CASES

Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C. Sections 846 and 841(a)(1).
Penalty:  Mandatory-minimum of 10 years, up to life in prison.

DEFENDANTS                                             Case Number: 17MJ1232
Charles Osterholtz                                          Age: 55                      Escondido
Justin Cartwright                                            Age: 27                       Escondido
David Trejo                                                     Age: 27                       Escondido

SUMMARY OF CHARGE

Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C. Sections 846 and 841(a)(1).
Penalty: Mandatory-minimum of 5 years, up to 40 years in prison.

SUMMARY OF CHARGE

Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C. Sections 846 and 841(a)(1).
Penalty:  Mandatory-minimum of 5 years, up to 40 years in prison.

INVESTIGATING AGENCIES

DEA
Escondido Police Department
ATF
San Diego County Sheriff’s Department
North County Regional Gang Task Force

 *A complaint or indictment is not evidence that the defendants committed the crimes charged.  The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.

Birmingham Man Received 15 Year Prison Sentence

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BIRMINGHAM, AL – Acting United States Attorney Robert O. Posey of the Northern District of Alabama, and David Hyche, Assistant Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives announce that LUSION YOSHUA RICE, 31, of Birmingham, Alabama was sentenced to fifteen years in prison today for being a felon in possession of a firearm. U.S. District Judge R. David Proctor imposed the sentence.

In April 2016, a federal grand jury in the Northern District of Alabama charged RICE in a one-count indictment with possession of a firearm after having been convicted of violent felony offenses, including three such crimes that qualified him for an enhanced sentence under the Armed Career Criminal Act (ACCA). On May 21, 2015, Birmingham police officers were dispatched to a home on a complaint of a male with a gun causing a domestic disturbance. Upon arrival, officers found RICE with a beer in one hand and a shotgun in the other. He was immediately placed under arrest.

“Today the defendant’s prior violent felony convictions finally caught up with him. The sentence imposed should serve as a reminder to all convicted felons that possession of a firearm by a convicted felon is a serious offense,” stated Acting United States Attorney Robert Posey.

“The sentencing illustrates the positive effect of the resources provided by ATF and our law enforcement partners to combat the violent crime. ATF’s priority is to provide the safe environment for the public," stated Steven Gerido, Special Agent in Charge, Alcohol, Tobacco, Firearms and Explosives.

The joint investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Birmingham Police Department.

Assistant United States Attorney Gregory R. Dimler prosecuted the case on behalf of the United States.

Former Corrections Officer Cadet in Alabama Pleads Guilty to Assaulting Handcuffed Man

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The Justice Department announced that Jeremy Walker, a former corrections officer cadet with the Elmore Correctional Facility in Elmore, Alabama, pleaded guilty in federal court yesterday to a civil rights violation for assaulting a handcuffed man.

As a part of his plea, Walker admitted that on July 3, 2014, while he was on duty as a corrections officer trainee at the Elmore Correctional Facility, Walker argued with, and then pushed, an inmate. Walker and the inmate went to the ground and other corrections officers intervened.  The inmate was handcuffed and placed in a holding cell.  Walker’s brother, who was also a corrections officer, attempted to enter the holding cell, but other officers restrained him.  Walker admitted that, while the other officers were focused on keeping his brother from entering the holding cell, Walker ran into the cell and punched the handcuffed inmate in the head several times. Walker then threw the victim to the floor. Other officers entered the cell and restrained Walker.  Walker acknowledged that his assault caused injury to the victim.

“The Justice Department will vigorously prosecute corrections officers who abuse their power to break the law and violate the constitutional rights of others,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Actions such as the defendant’s threaten the public’s confidence in our criminal justice system, and we will not allow such conduct to stand.”

“The vast majority of law enforcement and corrections officers are dedicated to protecting and serving the public with honor,” said Acting U.S. Attorney A. Clark Morris for the Middle District of Alabama.  “They walk a tough line every day they are on duty.  However, when they cross the line and assault an individual that poses no threat, they will be held accountable for their actions.”

Walker will be sentenced in federal court at a date to be determined.  He faces a statutory maximum of up to 10 years in prison.

This case was investigated by the FBI’s Mobile Field Office with the cooperation of the Alabama Department of Corrections.  It is being prosecuted by Assistant U.S. Attorney Rand Neeley for the Middle District of Alabama and Trial Attorney Gabriel Davis of the Civil Rights Division.

U.S. Marshals Task Force Arrests Pruntytown Escapee

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Martinsburg, WV - The Mountain State Fugitive Task Force, comprised of members from the United States Marshals Service, West Virginia State Police, Berkeley County Sheriff’s Office, Charles Town Police Department, Shepherdstown Police Department and West Virginia Department of Parole, arrested Tyler Wynkoop 26, of Harpers Ferry, West Virginia on Tally Ho Drive in Kearneysville, West Virginia. Tyler Wynkoop escaped from Pruntytown Correctional Center on March 31, 2017. The West Virginia Department of Parole referred the escape warrant for Tyler Wynkoop to the Marshal Services Mountain State Fugitive Task Force for investigation shortly after his escape.

During the investigation officers learned Wynkoop had returned to the Jefferson County area around April 3, 2017 and was avoiding capture with the assistance of friends and associates in the area. As the case developed Marshals received a tip Tyler Wynkoop was seen with his girlfriend Brittany Hudnall, 25, of Harpers Ferry. Footage of Hudnall and Tyler Wynkoop was found at the Brunswick Sheets putting both of them together. On April 25, 2017 Officers located Hudnall at her father’s home on Chestnut Hill Road. Wynkoop was not with Hudnall at the time.

On May 2, 2017 task force officers located Brittany Hudnall’s vehicle outside a known address associated with Wynkoop at 106 Tally Ho Drive in Fox Glen trailer park. Tyler Wynkoop was found hiding inside the residence and taken into custody. Brittany Hudnall was in the home and arrested and charged with Felony Accessory After the Fact.

The Mountain State Fugitive Task Force (MSFTF) is a U.S. Marshals Service lead fugitive task force who works with local law enforcement agencies in order to locate and capture fugitives charged with Murder, Armed Robberies, Malicious Assaults, Sexual Assaults, Drug Offences and other violent felony crimes.

West Mifflin Fugitive, on the Run for Four Years, Apprehended in South Carolina

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Pittsburg, PA - The United States Marshals Service, Western Pennsylvania Fugitive Task Force (WPAFTF) announces the arrest of Daniel Greer in Myrtle Beach, South Carolina at 10:00 am this morning. Greer, age 22, was charged on March 31, 2013 by the West Mifflin Police Department with Criminal Attempt-Criminal Homicide, Aggravated Assault, Recklessly Endangering another Person, Firearms offenses and Simple Assault. Greer is accused of a drive by shooting that wounded a 17 year old girl in the 800 block of Division Street, West Mifflin on Sunday March 31, 2013.

Greer is originally from the Mon Valley and was last known to reside in the West Mifflin area. Task Force members in Pittsburgh were actively investigating Greer’s whereabouts at the request of the West Mifflin Police Department and developed information he was in the Myrtle Beach area. A request was forwarded to the U.S. Marshals Service, District of South Carolina Operation Intercept Fugitive Task Force, who arrested Greer without incident at an address in the 6100 block of Frontage Road in Myrtle Beach. Greer initially identified himself as Corey Gunter when approached by task force members but later admitted his true identity. Greer was lodged at the Horry County Detention Center in Conway, South Carolina pending extradition to Pennsylvania.

The Western Pennsylvania Fugitive Task Force is comprised of U.S. Marshals, Pennsylvania State Police, Pennsylvania Board of Probation and Parole, Pittsburgh Bureau of Police, Allegheny County Sheriffs, and Westmoreland County Sheriff’s. The WPAFTF is also supported by the United States Attorney’s Office and is coordinated by the U.S. Marshals Service for the Western District of Pennsylvania.

Minnesota Permit to Carry to Qualify as Alternative Background Check

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ST. PAUL, Minnesota —Minnesota residents with the state’s Permit to Carry may now be able to purchase a firearm from a licensed dealer without the normally required background check.

The Bureau of Alcohol, Tobacco, Firearms and Explosives has determined that the Minnesota Permit to Carry complies with the background check requirements set forth in the Brady Handgun Violence Prevention Act of 1998.

Minnesota Permits to Carry with an expiration date of Aug. 1, 2019, or later, will qualify as an alternative to the normally required FBI National Instant Criminal Background Check System (NICS) background check. Federal firearms licensees must ensure transferees’ permits have a qualifying expiration date in order to by-pass the NICS background check.

To announce the determination, ATF Assistant Director Marvin Richardson penned an open letter to all Minnesota FFLs regarding the change in procedures. The letter outlines procedures FFLs must follow in order to be in compliance. The letter also notes that this new change only applies to the Minnesota Permit to Carry and not the Minnesota Permit to Purchase.

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

For information regarding Minnesota firearms laws, visit the Minnesota Bureau of Criminal Apprehension website at https://dps.mn.gov/divisions/bca.

Four Texas Men Indicted on Federal Hate Crime and Conspiracy Charges for Assaults Based on Victims’ Sexual Orientation

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A federal grand jury returned an eighteen-count superseding indictment against Anthony Shelton, 19; Nigel Garrett, 21; Chancler Encalade, 20; and Cameron Ajiduah, 18, charging them with conspiring to cause bodily injury to persons because of the sexual orientation of those persons, the Justice Department’s Civil Rights Division, the U.S. Attorney’s Office of the Eastern District of Texas, and the U.S.  Bureau of Alcohol, Tobacco, Firearms and Explosives’ Dallas Division announced.

According to the indictment, from Jan. 17 to Feb. 7, 2017, the defendants committed home invasions in Plano, Frisco, and Aubrey, Texas.  For each of the four home invasions, the defendants used Grindr, a social media dating platform for gay men, to falsely identify as a gay man and arrange to meet the victim at the victim’s home.  Upon entering the victim’s home, the defendants assaulted the victim, restrained the victim with tape, and made derogatory statements about the victim being gay.  The defendants possessed a firearm during each home invasion, and they stole the victim’s property, including his motor vehicle.

For these crimes, the defendants have been charged with conspiracy, kidnapping, carjacking and possession of a firearm in furtherance of these crimes.  The hate crime counts carry a maximum statutory penalty of life in prison and a $250,000 fine.

An indictment merely establishes probable cause, and the defendants are presumed innocent unless proven guilty.

The investigation is being conducted by the ATF, the Plano Police Department and the Frisco Police Department.  The case is being prosecuted by Assistant U.S. Attorney Tracey Batson of the U.S. Attorney’s Office of the Eastern District of Texas and Trial Attorney Saeed Mody of the Civil Rights Division.

Read About New and Revised NIJ Standards in Police Chief

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An article titled "Securing Officer Safety and Protection through Standards Enhancements" by JTIC Senior Writer Becky Lewis appeared May 10 as an online special article in the May issue of Police Chief, the monthly publication of the International Association of Chiefs of Police.The article, located at http://www.policechiefmagazine.org/securing-officer-safety-protection-standards-enhancements, discusses revisions underway to various NIJ standards, including those for ballistic-resistant and stab-resistant body armor, as well as plans to create a new standard for ballistic-resistant shields.

Third Indian National Pleads Guilty for Role in Multimillion Dollar India-Based Call Center Scam Targeting U.S. Victims

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An Indian national pleaded guilty today to one count of conspiracy to commit money laundering for his role in liquidating and laundering victim payments generated through various telephone fraud and money laundering schemes via India-based call centers.

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Abe Martinez of the Southern District of Texas, Executive Associate Director Peter T. Edge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Inspector General J. Russell George of the U.S. Treasury Inspector General for Tax Administration (TIGTA) and Inspector General John Roth of the U.S. Department of Homeland Security Office of Inspector General (DHS OIG) made the announcement.

Harsh Patel, 28, an Indian national who most recently resided in Piscataway, New Jersey, pleaded guilty before U.S. District Court Judge David Hittner of the Southern District of Texas. Sentencing is set for Aug. 7, 2017.

According to admissions made in connection with the plea, Patel and his co-conspirators perpetrated a complex scheme in which individuals from call centers located in Ahmedabad, India, impersonated officials from the IRS or U.S. Citizenship and Immigration Services (USCIS) in a ruse designed to defraud victims located throughout the United States. Using information obtained from data brokers and other sources, call center operators targeted U.S. victims who were threatened with arrest, imprisonment, fines or deportation if they did not pay alleged monies owed to the government. Victims who agreed to pay the scammers were instructed how to provide payment, including by purchasing stored value cards or wiring money. Upon payment, the call centers would immediately turn to a network of “runners” based in the U.S. to liquidate and launder the fraudulently-obtained funds.

According to his plea, since around January 2015, Patel worked as a runner operating primarily in New Jersey, California and Illinois. At the direction of India-based co-conspirators, often via electronic WhatsApp text communications, Patel admitted to purchasing reloadable cards registered with misappropriated personal identifying information of U.S. citizens. Once victim scam proceeds were loaded onto those cards, Patel admitted that he liquidated the proceeds on the cards and transferred the funds into money orders for deposit into various bank accounts while keeping a percentage of the victim funds for himself. Patel also admitted to receiving fake identification documents from an India-based co-conspirator and other sources and using those documents to receive victim scam payments via wire transfers.

To date, Patel, 55 other individuals, and five India-based call centers have been charged for their roles in the fraud and money laundering scheme in an indictment returned by a federal grand jury in the Southern District of Texas on Oct. 19, 2016. Patel is the third defendant thus far to plead guilty in this case. Co-defendants Bharatkumar Patel, aka Bharat Patel, 43, and Ashvinbhai Chaudhari, 28, pleaded guilty on April 13, 2017, and April 26, 2017, respectively.

The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

HSI, DHS OIG and TIGTA led the investigation of this case. Also providing significant support was the Criminal Division’s Office of International Affairs; Ft. Bend County, Texas, Sheriff’s Office; police departments in Hoffman Estates and Naperville, Illinois, and Leonia, New Jersey; San Diego County District Attorney’s Office Family Protection/Elder Abuse Unit; U.S. Secret Service; U.S. Small Business Administration - Office of Inspector General; IOC-2; INTERPOL Washington; U.S. Citizenship and Immigration Services USCIS; U.S. State Department’s Diplomatic Security Service; and U.S. Attorney’s Offices in Northern District of Alabama, District of Arizona, Central District of California, Northern District of California, District of Colorado, Northern District of Florida, Middle District of Florida, Northern District of Illinois, Northern District of Indiana, District of Nevada and District of New Jersey. The Federal Communications Commission’s Enforcement Bureau also provided assistance in TIGTA’s investigation.

Senior Trial Attorney Michael Sheckels and Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section, Trial Attorney Robert Stapleton of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorneys S. Mark McIntyre and Craig M. Feazel of the Southern District of Texas are prosecuting the case.

Attorney General Sessions Issues Charging and Sentencing Guidelines to Federal Prosecutors

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Attorney General Jeff Sessions today issued the attached memorandum establishing charging and sentencing policies for the Department of Justice.

This policy was formulated after extensive consultation with Assistant U.S. Attorneys at both the trial and appellate level, as well as U.S. Attorneys and Main Justice Attorneys. It ensures that the Department enforces the law fairly and consistently, advances public safety and promotes respect for our legal system.

Attorney General Sessions will issue further remarks on the new policy later this morning.

Attorney General Jeff Sessions Delivers Remarks at Sergeants Benevolent Association of New York City Award Presentation

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Washington, DC
~ Friday, May 12, 2017

Thank you, Ed [Mullins].  It’s an incredible honor to receive this recognition from the Sergeants Benevolent Association of New York City.  I am proud that the rank-and-file consider me a friend of the New York City Police Department (NYPD), and of all our nation’s brave law enforcement personnel.  You know how much I respect you and the ground-breaking work the NYPD has done to reduce violence in your city.  I have long expressed my admiration for your success.

There’s no doubt that the last few years have been tough times for law enforcement in America.  Morale among law enforcement has fallen. Fatal shootings of officers went up last year.

Most Americans, however, know what I know.  Our police are one of the institutions that enjoys the highest confidence of the American public. That’s because they see you every day on their streets and in their neighborhoods.

You don’t do this work for recognition, and you certainly don’t do it for the money.  You do it for the lives saved, the streets made safer, the bad guys brought to justice.  You chose this work to serve and protect us all, and make our country safer and better.  There is a sense of satisfaction from doing our duty to see that justice is done.

As we begin National Police Week, I want every law enforcement officer in America to know this:  We honor your service.  We remember the sacrifices of your brothers and sisters who have fallen in the line of duty. And we are grateful for all you do to keep us safe.

We here at the Department of Justice will continue to remind all Americans what a noble calling this is – so other good people will also choose to answer it like you each did. 

I would also encourage all Americans this week to find your own way to show your gratitude to the people of law enforcement.  Bring a home-cooked meal to your local precinct, go to a memorial service or simply shake the hand of a police officer and say, "Thank you for your service."

Under President Trump, this Department of Justice will have your back. We will do all that we can to keep you safe and to promote public support for honorable officers in your dangerous work.

I call on everyone to remember that it’s not our privileged communities that suffer the most from crime and violence. Regardless of wealth or race, every American has the right to demand a safe neighborhood.

And we will do our part.  Today, I am announcing that I sent a memo to each of our U.S. Attorney’s last night establishing charging and sentencing policy for this Department of Justice.  Our responsibility is to fulfill our role in a way that accords with the law, advances public safety and promotes respect for and consistency in our legal system and the work you do. 

Charging and sentencing recommendations are bedrock responsibilities for any federal prosecutor.  And I trust our prosecutors in the field to make good judgements.  They deserve to be unhandcuffed and not micro-managed from Washington.  Rather, they must be permitted to apply the law to the facts of each investigation. Let's be clear, we are enforcing the laws Congress passed – that is both our fundamental mission and constitutional duty.

Going forward, I have empowered our prosecutors to charge and pursue the most serious, readily provable offense.  It means we are going to meet our responsibility to enforce the law with judgment and fairness.  It is simply the right and moral thing to do.  But it is important to note that unlike previous charging memoranda, I have given our prosecutors discretion to avoid sentences that would result in an injustice.

This is a key part of President Trump’s promise to keep America safe. We’re seeing an increase in violent crime in our cities – in Baltimore, Chicago, Memphis, Milwaukee, St. Louis and many others.  The murder rate has surged 10 percent nationwide – the largest increase since 1968.  And we know that drugs and crime go hand-in-hand.  Drug trafficking is an inherently violent business.  If you want to collect a drug debt, you can’t file a lawsuit in court.  You collect it by the barrel of a gun.

In 2015, more than 52,000 Americans died from a drug overdose.  According to a report by the New England Journal of Medicine, the price of heroin is down, the availability is up and the purity is up.  We intent to reverse that trend.  So we are returning to the enforcement of the law as passed by Congress – plain and simple.  If you are a drug trafficker, we will not look the other way.  We will not be willfully blind to your conduct.  We are talking about a kilogram of heroin – that is 10,000 doses, five kilograms of cocaine and 1,000 kilograms of marijuana. These are not low-level offenders.  These are drug dealers.  And you're going to prison.

Working with integrity and professionalism, attorneys who implement this policy will meet the high standards required by the Department of Justice and together we will win this fight.

Once again, I thank all our brave men and women in law enforcement for your service.  And thanks again to you, Ed, and to the Sergeants Benevolent Association of New York City for this honor.
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