Category: United States Attorneys General

Source: United States Attorneys General

Headline: North Versailles Man Pleads Guilty in Cocaine and Fentanyl Distribution Conspiracy

PITTSBURGH – A resident of North Versailles, Pennsylvania, pleaded guilty yesterday in federal court to conspiring to distribute narcotics, United States Attorney Scott W. Brady announced today.

Dawndre Bivins, 30, pleaded guilty to one count of conspiracy, between March and August 2017, to distribute cocaine and fentanyl. In connection with the guilty plea, the court was advised that Bivins was responsible for the distribution of 1.9 kilograms of cocaine and 40 grams of fentanyl, which he purchased from his codefendant, Skyler Carter, in the Clairton, Pennsylvania area. He is the fourth of 21 defendants charged to enter a plea of guilty.

Judge Arthur J. Schwab scheduled sentencing for June 26, 2018, at 10 a.m. Bivins has a prior felony drug conviction, and as such, he is subject to enhanced penalties. The law provides for a maximum total sentence of 30 years in prison, a fine of not more than $2 million, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed will depend upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Bivins remains incarcerated pending the sentencing hearing.

Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.

Source: United States Attorneys General

Headline: Federal Inmate Charged With Possession Of A Weapon

            WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Williamsport indicted a prisoner at the Federal Correctional Institute Allenwood (FCI Allenwood) on the charge of possessing a weapon in prison.  

            According to United States Attorney David J. Freed, Lavon Caldwell, age 36, was found in possession of two improvised shanks during a search conducted on March 7, 2017.   

            The charges stem from an investigation by officers at FCI Allenwood and agents of the Federal Bureau of Investigation.  Special Assistant United States Attorney Michael P. FiggsGanter is prosecuting the case.

             Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

             A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

          The defendant is facing a maximum of five years of incarceration and a $250,000 fine.   Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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Source: United States Attorneys General

Headline: Monroe County Man Guilty Of Heroin Trafficking And Gun Charges

            SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Laurence Cadogan, age 33, of Stroudsburg, pleaded guilty today to charges of heroin trafficking and unlawfully possessing a firearm in furtherance of drug trafficking, before U.S. District Court Judge Malachy E. Mannion.

            According to United States Attorney David J. Freed, Cadogan, admitted to possessing with intent to distribute between 60 grams and 80 grams of heroin and unlawfully possessing two firearms in furtherance of drug trafficking. The crimes allegedly occurred on October 26, 2016, in Tannersville. Police and federal agents seized more than 3000 bags of heroin and two firearms during the investigation. Cadogan also agreed to forfeit the two firearms seized by agent.

            Judge Mannion ordered a pre-sentence investigation to be completed. Sentencing will be scheduled after the submission of a pre-sentence report to the court.

            Cadogan was indicted by a grand jury in February 2017.

            The charges against the Cadogan resulted from an investigation by the Drug Enforcement Administration (DEA) and the Stroud Area Regional Police Department. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.  

            This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

            This case was also brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

            The maximum penalty under federal law for the gun offense is life in prison, a term of supervised release following imprisonment, and a fine. That charge also carries a mandatory minimum penalty of five years in prison. The maximum penalty under federal law for the drug offense is 20 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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Source: United States Attorneys General

Headline: San Ildefonso Pueblo Man Sentenced to Prison for Assaulting a Federal Officer

ALBUQUERQUE – Jordan Roybal, 26, an enrolled member of the San Ildefonso Pueblo who resides in Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison for assaulting a federal officer.  Roybal will be on supervised release for three years after completing his prison sentence.

Roybal was arrested on March 3, 2017, on a criminal complaint charging him with assaulting a federal officer.  According to the criminal complaint, Roybal was arrested on tribal charges on Nov. 21, 2016, after he assaulted a law enforcement officer of the Bureau of Indian Affairs (BIA).  Roybal committed the assault on San Ildefonso Pueblo in Santa Fe County, N.M., by resisting arrest and challenging the officer to fight.  During the assault, Roybal bit the officer on the wrist.  The officer also sustained skinned knees, a scrape on his left hand, swelling of his right knee and soreness to his left wrist as the result of the assault. 

Roybal was subsequently charged in a two-count indictment on March 28, 2017, with assaulting a federal officer on Nov. 21, 2016 in Santa Fe County, and assaulting a federal officer on Jan. 26, 2017, in Rio Arriba County, N.M.

On July 18, 2017, Roybal pled guilty to Count 1 of the indictment charging him with assaulting a federal officer.  In entering the guilty plea, Roybal admitted that on Nov. 21, 2016, he assaulted a BIA officer while the officer was attempting to arrest him on tribal offenses by lying about his identity, cursing at the officer, resisting arrest, throwing his elbow into the officer, biting the officer, and verbally threatening the officer.

This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services.  Assistant U.S. Attorney Elisa Dimas prosecuted the case.

Source: United States Attorneys General

Headline: Pennsylvania Couple Charged With Distributing Fake Oxycodone Pills Containing Heroin

NEWARK, N.J. – A man and woman from Hazleton, Pennsylvania, were charged today with conspiring to distribute heroin pills that were made to look like 30-milligram tablets of oxycodone, U.S. Attorney Craig Carpenito announced.

Francisco Perez, 31, and Nadia Moronta Pena, 33, are charged by criminal complaint with conspiring to distribute more than 100 grams of heroin. The defendants appeared this afternoon before U.S. Magistrate Judge Michael A. Hammer in Newark federal court. Perez was detained. Pena was released on $150,000 unsecured bond.

According to the complaint:

During the course of an investigation into the illegal manufacturing and distribution of opioids and other narcotics in New Jersey, an undercover law enforcement agent received information that Perez was illegally distributing oxycodone.

On Jan. 23, 2018, Perez allegedly met the undercover agent in Paterson, New Jersey, and sold the undercover agent approximately 1,000 pills that were similar in size, shape, color, and physical markings to 30-milligram oxycodone tablets manufactured by pharmaceutical companies. However, when the pills were tested in a lab, they were found to contain a mixture of Tramadol, a Schedule IV synthetic opioid, and heroin.

On Feb. 7, 2018, the undercover agent again met with Perez in Paterson, this time to purchase up to 40,000 pills. During the meeting, Perez motioned to Pena, who brought over a white bag containing thousands of pills for the undercover agent to examine before the deal. Perez and Pena were then arrested at the scene, and law enforcement agents recovered more than 20,000 additional pills that were similar in appearance to the heroin pills that Perez sold the undercover agent on Jan. 23, 2018.

Around the time Perez and Pena were arrested, law enforcement officers conducted a search of their residence in Pennsylvania. They recovered numerous other pills, approximately one kilogram of a powdery substance believed to be heroin, pill-press materials, and a box containing several bottles of liquid labeled “Fentanyl.” A firearm was recovered from inside a compartment in the wall of the residence.

U.S. Attorney Carpenito credited special agents with the DEA, under the direction of Special Agent in Charge Valerie A. Nickerson in Newark, as well as the DEA Scranton Resident Office, the Hazleton Police Department, and the Passaic County Sheriff’s Office with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the Organized Crime Drug Enforcement Task Force/Narcotics Unit in Newark.

The charge and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.

Defense Counsel:
Perez: John Yauch Esq.
Pena: Paulette Pitt Esq.

Source: United States Attorneys General

Headline: Citizen of Dominican Republic Sentenced to 36 Months in Prison for Participating in Heroin Trafficking Conspiracy

             CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Maria Miguelina Lara Lara, a/k/a Maribel Santiago-Ramos, a/k/a La Cuna, a/k/a Miguelina, 33, of the Dominican Republic was sentenced to 36 months in federal prison for participating in a heroin trafficking conspiracy.

            Documents filed with the court established that Lara Lara participated in a drug trafficking organization (DTO) between October 2015 and October 2016 during which time she delivered drugs to customers of the DTO on a daily basis.  The Lawrence-based organization distributed heroin to customers from Massachusetts and New Hampshire.

           The defendant pleaded guilty on July 24, 2017, to conspiracy to distribute, and possess with intent to distribute, heroin. 

           The investigation and prosecution of Lara Lara was part of a Drug Enforcement Administration (DEA) effort to address heroin distribution in New Hampshire.  In addition to Lara Lara’s prosecution, Alberto Guerrero Marte, 38, was sentenced to 15 years in prison, his brother Toribio Guerrero Marte was sentenced to 10 years in prison, Allison DeJesus, 19, was sentenced to five years of probation, Jonaly DeJesus, 22, was sentenced to time served and five years of supervised release, Allan Raymond Pimentel, 21, was sentenced to 57 months in prison, and Jose De la Altagracia Pimental Lara a/k/a Luis Colon, 26, was sentenced to 63 months in prison.  Michell DeJesus, 34, Santo Rodolfo Garcia Mendez, 33, Wilkin Andres Beltre Arias, 39, and Edward Garcia, 31, are all awaiting sentencing.    In a related case, Mark Gagnon, 54, of Candia, was sentenced to 48 months.

           “Members of the law enforcement community are working together to stop the flow of heroin and other deadly drugs into New Hampshire,” said Acting U.S. Attorney Farley.  “While we strongly support access to treatment for those suffering from addiction, those who profit from the distribution of these substances will be prosecuted aggressively.”

           “The state of New Hampshire is faced with a fentanyl and heroin crisis unlike ever before,” said DEA Special Agent in Charge Michael J. Ferguson.  “Those suffering from fentanyl and heroin addiction need treatment and recovery, but those that distribute and profit from spreading this misery need to be held accountable.  This investigation demonstrates the strength and continued commitment of our local, state and federal partners and our strong relationship with the U.S. Attorney’s Office.”

           “This case is a great example of how close cooperation among federal, state and local law enforcement can successfully complement the overall fight against the devastating opioid epidemic which has tragically destroyed so many lives nationwide and throughout our region,” said Acting Special Agent in Charge Mike Shea, Homeland Security Investigations (HSI).

           This matter was investigated by the DEA; HSI; the Massachusetts State Police; the Haverhill Police Department; the United States Marshals Service; the New Hampshire State Police; the Manchester Police Department; the Lawrence Police Department; the Lowell Police Department, the Methuen Police Department, and the Hillsborough County Drug Task Force.   The case is being prosecuted by Assistant U.S Attorney Donald Feith.

            This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF).  The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.  

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Source: United States Attorneys General

Headline: Holyoke Man Pleads Guilty to Dealing Cocaine

BOSTON – A Holyoke man pleaded guilty today in federal court in Springfield to dealing cocaine.

Raul Ramos, 43, pleaded guilty to one count of distribution and possession with intent to distribute cocaine. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for May 3, 2018. 

On Nov. 8, 2016, Ramos distributed 27.712 grams of cocaine in exchange for $1,300. The charges are a result of a federal, state, and local law enforcement investigation into drug trafficking in Springfield and Holyoke.

The charging statute provides for a sentence of no greater than 30 years in prison, a minimum of six years of supervised release, and a fine of $2 million dollars. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James M. Neiswanger made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office is prosecuting the case.

Source: United States Attorneys General

Headline: Germantown Man Exiled To 10 Years In Prison On Drug And Gun Charges

                                                                         

FOR IMMEDIATE RELEASE                                           Contact ELIZABETH MORSE

www.justice.gov/usao/md                                                     at (410) 209-4885      

Greenbelt, Maryland –United States District Judge George J. Hazel sentenced Andrew Dean Bailey, age 32, of Germantown, Maryland, today to 10 years in prison, followed by three years of supervised release, for possession with intent to distribute cocaine and being a felon in possession of a firearm. 

The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration – Washington Field Division; Chief J. Thomas Manger of the Montgomery County Police Department; and Chief Mark P. Sroka of the Gaithersburg Police Department.

According to his plea agreement, on March 23, 2017, law enforcement officers executed a search warrant at Bailey’s residence in Germantown, Maryland, where they located a firearm, ammunition, narcotics, narcotics paraphernalia, and cash.  Among other things, officers seized a loaded .40 caliber handgun, additional .40 caliber rounds of Winchester ammunition, and approximately 96 grams of cocaine, 3 grams of alprazolam, and 1 gram of morphine pills.  Officers also seized $15,900 in drug-trafficking proceeds.

Bailey admitted that he intended to sell the cocaine found in his apartment, and that he possessed that loaded .40 caliber handgun in order to protect his drugs and drug-trafficking proceeds.

Prior to March 23, 2017, Bailey had been convicted of a crime punishable by more than one year of imprisonment (and his civil rights had not been restored), which prohibited him from legally possessing firearms or ammunition.

Judge Hazel ordered the forfeiture of the $15,900, the handgun and the ammunition.

Acting United States Attorney Stephen M. Schenning praised the DEA, Montgomery County Police and Gaithersburg Police for their work in the investigation.  Mr. Schenning thanked Assistant U.S. Attorneys Michael Packard and Timothy Hagan who prosecuted the case.

Source: United States Attorneys General

Headline: Hospice Company and Owner Agree to Pay $1.24 Million to Settle Two False Claims Act Whistleblower Lawsuits

PITTSBURGH – A privately owned for-profit hospice company and its owner and Chief Executive Officer agreed to pay the United States $1,240,000 to resolve allegations that the company had fraudulently billed Medicare and Medicaid for hospice services for patients who were ineligible for hospice, United States Attorney Scott W. Brady announced today.

The settlement resolves allegations in two whistleblower lawsuits filed in federal court in Pittsburgh, Pennsylvania against Horizons Hospice, LLC and its owner and Chief Executive Officer John C. Rezk (“Defendants”). The settled claims contend that from June 27, 2007 to August 1, 2012, Defendants submitted or caused to be submitted false claims to Medicare and Medicaid for patients who did not qualify for hospice because they did not have a life expectancy prognosis of six months or less. Typically, federal health care programs only pay for hospice care when patients have terminal illnesses with a life expectancy of less than six months. The settled claims also contend that Defendants falsified records to support the false claims. Horizons Hospice, LLC later changed its name to 365 Hospice, LLC. The alleged fraud occurred while the company operated as Horizons Hospice.

“Medicaid and Medicare are programs intended to provide care and assistance to the most vulnerable members of our communities, including seniors,” said U.S. Attorney Brady. “Those who seek to defraud these programs will be vigorously pursued by my office. This settlement is another step forward in that fight.”

This matter was investigated by the Office of Inspector General of the United States Department of Health and Human Services with assistance from the Federal Bureau of Investigation. Assistant United States Attorneys Paul E. Skirtich and Rachael L. Mamula handled the investigation that led to this settlement on behalf of the United States.

The cases are captioned United States ex rel. Thomas v. Horizons Hospice LLC (No. 12-cv-315) and United States ex rel. Mizak, et al. v. Horizons Hospice LLC, et al., (No. 13-cv-1688).

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Source: United States Attorneys General

Headline: Buffalo Man Sentenced For Obstructing Justice

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy announced today that Jeffrey Mills, 47, of Buffalo, NY, who was convicted of obstruction of justice, was sentenced to 65 months in prison by U.S. District Judge Richard J. Arcara.

“Our entire adversarial system of justice is dependent upon the truthful testimony of witnesses in a court of law,” stated U.S. Attorney Kennedy. “However, when the greatest fear perceived by a witness is that such witness will face retaliation in the event that they provide truthful testimony, the entire system breaks down.  We cannot and will not allow that to happen. Truth is the voice of justice.  Hopefully, this prosecution and today’s sentencing sends a loud and clear message to the community that the men and women of my Office, together with our law enforcement partners, will do all that we can to protect the rule of law and to ensure that the truth is never silenced.”

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on May 21, 2015, the defendant provided information to his parole officer, law enforcement officers and a prosecutor regarding two homicides and a robbery/kidnapping. Mills stated that he saw his cousin, Thamud Eldridge, run from the area where Sam Jones, Jr., aka Smokey, was murdered. The night Smokey was killed, Mills said that he was riding a bicycle on Bissell Avenue when he heard gunshots. The defendant then saw his cousin Eldridge run through the “cut” from Goodyear Avenue to Bissell Avenue, and get into a vehicle that was driven by Kevin Allen and depart the area. Mills also stated that he spoke with an individual who was also on Bissell Avenue and saw Eldridge toss a gun to the individual after the shooting and heard Eldridge ask that individual to “put that joint up,” meaning to hide the firearm. After the murder, the defendant said Eldridge left Buffalo and traveled to Atlanta, Georgia. After returning to Buffalo, Mills said Eldridge told him that he intended to rob Smokey and “everything went wrong,” meaning the defendant killed Smokey. The defendant also gave information about other criminal activity committed by Eldridge. At the conclusion of the interview, the prosecutor told the defendant that he would be called as a witness in the trial against his cousin Thamud Eldridge.

On January 6, 2016, the defendant met with the prosecutor and two law enforcement for pretrial preparation at which time he again recounted hearing gunshots and seeing his cousin Eldridge run through the “cut” from Goodyear Avenue to Bissell Avenue the night Smokey was killed.  At the conclusion of the pretrial preparation, the prosecutor once again told Mills he would be called as a trial witness.

On February 3, 2016, the prosecution called the defendant as a witness in United States v. Eldridge, et al. As U.S. Marshals Service deputies escorted Mills into the courtroom, the defendant walked by his cousin Eldridge and winked his eye at Eldridge and then sat on the witness stand. Mills refused to be sworn and told the Court that, “it wasn’t going to happen.”  The Judge cautioned the defendant about criminal contempt and Mills was assigned counsel. 

The following day, on February 4, 2016, the defendant took the stand again and agreed to take the oath. The prosecutor questioned Mills regarding the murder of Smokey but the defendant stated he could not remember. When confronted with information he previously gave, Mills testified falsely and feigned memory loss by repeatedly stating that he said he did not recall, did not remember and that he had no recollection of that day. The defendant willfully answered questions this way to impede the due administration of justice. 

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.