Mexican Man Sentenced for Unlawfully Reentering the United States

Source: United States Attorneys General

Headline: Mexican Man Sentenced for Unlawfully Reentering the United States

The United States Attorney for the District of Vermont and the Swanton Sector Office of the United States Border Patrol announce that Francisco Robles-Guerra, 41, a citizen of Mexico, was convicted and sentenced today in United States District Court in Rutland for reentering the United States after having previously been removed from the country subsequent to a felony conviction. Chief United States District Judge Geoffrey W. Crawford sentenced Robles-Guerra to time served. Robles-Guerra has been held without bail since his arrest last November. Custody of Robles-Guerra will be transferred from the United States Marshal’s Service to the Department of Homeland Security for removal proceedings.

According to court records, Robles-Guerra is a citizen of Mexico who first moved to the United States in 1994. In 1996, he was convicted of conspiracy to defraud the United States by possessing counterfeit resident alien cards and social security cards and was deported to Mexico. Robles-Guerra was then found in the United States and removed to Mexico two times in March 2004, and again in August 2017.

On November 26, 2017, Canadian authorities notified U.S. Border Patrol Agents that they had observed a man walking around the Canaan, Vermont Port of Entry in the woods toward the United States border. A Border Patrol Agent from the Beecher Falls Station found Robles-Guerra in a field on the United States side of the border. After a brief chase, Robles-Guerra was apprehended and arrested.

The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.

For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.

Robles-Guerra is represented by Assistant Federal Defender David McColgin. The prosecutor is Assistant U.S. Attorney Nicole Cate.

Justice Department Settles Discrimination Lawsuit Against Owners and Operators of Houston-Based Sports Bar

Source: United States Attorneys General

Headline: Justice Department Settles Discrimination Lawsuit Against Owners and Operators of Houston-Based Sports Bar

HOUSTON – The Justice Department announced today it has reached a settlement to resolve a lawsuit alleging discrimination on the basis of race, color and national origin by Ayman Jarrah and Land Guardian Inc., the owners and operators of 360 Midtown, a sports bar and lounge located in Houston. 

Today’s settlement resolves a lawsuit filed by the Department on Sept. 28, 2016, alleging that 360 Midtown, which previously operated as Gaslamp, engaged in a pattern or practice of illegal conduct by implementing discriminatory practices to discourage or deny admission to African-American, Hispanic and Asian-American patrons. The United States alleged that these practices included selectively imposing cover charges against minority patrons and selectively enforcing a dress code against them.   

“This settlement resolves serious allegations of racial discrimination,” said U.S. Attorney Ryan K. Patrick. “The announcement today should make clear that any such illegal bias in these types of establishments will not be tolerated in this district and reflects my office’s continued commitment to vigorously enforcing our nation’s civil rights laws.”

“No individuals should be denied admission to any place of public accommodation because of the color of their skin,” said Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division. “The Justice Department will continue to protect the rights of all persons to be free from discrimination on the basis of their race or national origin at bars, restaurants and other places of public accommodation”

Under the settlement agreement, defendants are required to comply with federal law by not discriminating against patrons on the basis of race, color or national origin; to adopt and implement non-discriminatory admissions criteria; to implement a system for receiving and investigating complaints of discrimination; and to conduct monitoring to ensure that 360 Midtown’s employees are acting in a non-discriminatory manner consistent with federal law.

Title II of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion or national origin in places of public accommodation, such as restaurants, hotels, movie theaters, nightclubs, stadiums and other places of exhibition or entertainment.  Under Title II, the Civil Rights Division can obtain injunctive relief that changes policies and practices to remedy customer discrimination. Title II does not authorize the Division to obtain monetary damages for individual customers who are victims of discrimination.

More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Persons who believe they have experienced or witnessed unlawful discrimination in public accommodations may contact the Housing and Civil Enforcement Section at (202) 514-4713.

Navajo Man from Farmington Sentenced to Twelve Years for Federal Voluntary Manslaughter and Firearms Conviction

Source: United States Attorneys General

Headline: Navajo Man from Farmington Sentenced to Twelve Years for Federal Voluntary Manslaughter and Firearms Conviction

ALBUQUERQUE – Sage Andrew Yazzie, 21, an enrolled member of the Navajo Nation who resides in Farmington, N.M., was sentenced today in federal court in Santa Fe, N.M., to 144 months in prison for his conviction on voluntary manslaughter and firearms charges.  Yazzie will be on supervised release for three years after completing his prison sentence.

Yazzie was arrested on March 10, 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Feb. 23, 2016.  According to the criminal complaint, Yazzie entered a residence and shot the victim in the head with a firearm.

Yazzie was indicted on March 23, 2016, and was charged with first-degree murder and with using and carrying a firearm in relation to a crime of violence.  According to the indictment, Yazzie committed the offenses on Feb. 23, 2016, in San Juan County.

On June 14, 2017, Yazzie pled guilty to a felony information charging him with voluntary manslaughter and discharging a firearm during a crime of violence.  In entering the guilty plea, Yazzie admitted that on Feb. 23, 2016, he entered a residence in Huerfano, N.M., and killed the victim during a sudden quarrel by shooting the victim with a handgun. 

This case was investigated by the Farmington office of the FBI, the Navajo Nation Division of Public Safety and the Farmington Police Department and was prosecuted by Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Y. Ramirez.

St. Charles Man Indicted on Charges of Firearms Violations

Source: United States Attorneys General

Headline: St. Charles Man Indicted on Charges of Firearms Violations

St. Louis, MO – Taylor Wilson, 26, St. Louis, was indicted on February 1, 2018.

The indictment alleges various firearms offenses.  Specifically, it alleges that during the time of September 2015, through December 23, 2017, Wilson possessed a fully automatic machinegun and a rifle, neither of which were registered to him in the National Firearms Registration and Transfer Record. It also alleges that the machine gun had a defaced and obliterated serial number.

If Wilson is convicted, counts one, three and four of the indictment carry a maximum penalty of 10 years in prison and a $250,000 fine. Count two of the indictment carries a maximum penalty of 5 years in prison and a $250,000 fine. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.

This case is being investigated by the Federal Bureau of Investigation. 

As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt.  Every defendant is presumed to be innocent unless and until proven guilty. 

South Carolina Man Sentenced for Fraud and Money Laundering

Source: United States Attorneys General

Headline: South Carolina Man Sentenced for Fraud and Money Laundering

St. Louis, MO – Daniel Stimmel, 52, of Goose Creek, South Carolina, was sentenced to 46 months imprisonment and ordered to pay more than $4,000,000 in restitution for running a car theft scheme while employed as a fleet manager of Emerson Network Power (ENP) of Columbus, Ohio, from 2003 to 2016.  ENP, now known as Vertiv, was formerly an operating subsidiary of Emerson Electric Company and became an independent entity after Stimmel’s scheme concluded.

Stimmel admitted in his 2017 plea agreement that he diverted hundreds of cars from the fleet management contract between ENP and two different fleet management companies through the use of fraudulent paperwork and straw parties until a car could be sold and titled in the name of a third-party buyer.  The proceeds of these sales, which were hidden from ENP, were usually returned to Stimmel in cash.

Stimmel used the proceeds of his scheme to acquire real estate and pursue his interest in motor sports.  As a part of the investigation, the St. Louis Division of the FBI, the St. Louis Office of the U.S. Postal Inspection Service and the U.S. Marshals Service for the Southern District of Ohio, forfeited numerous automobiles, motorcycles, a boat and a luxury automotive storage facility in Plain City, Ohio.

Tom Albus handled the case for the U.S. Attorney’s Office.

Aggravated Felon Found To Be Back Illegally In The United States Sentenced To Four Years In Prison

Source: United States Attorneys General

Headline: Aggravated Felon Found To Be Back Illegally In The United States Sentenced To Four Years In Prison

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Rene Rolando Ceron-Flores (39, El Salvador) to four years in federal prison for illegally reentering the United States after having been previously deported. He pleaded guilty on October 31, 2017. 

According to court documents, Ceron-Flores, an alien of the United States, was convicted of criminal sexual abuse of a minor in July 2014 and was deported in October 2014. In September 2017, Ceron-Flores was found to be voluntarily back in the United States illegally.

This case was investigated by the United States Border Patrol. It was prosecuted by Assistant United States Attorney Sean P. Shecter.

Castle Rock Breast Cancer Charity Promoter Sentenced for Failure to File Tax Return

Source: United States Attorneys General

Headline: Castle Rock Breast Cancer Charity Promoter Sentenced for Failure to File Tax Return

DENVER – Adam C. Shryock, age 37, of Castle Rock, Colorado, was sentenced by U.S. District Court Magistrate Judge Michael J. Watanabe on January 25, 2018 to serve 12 months in prison followed by one year of supervised release for willful failure to file a tax return, announced U.S. Attorney Bob Troyer and IRS Criminal Investigation Special Agent in Charge Steven Osborne. Shryock, who pled guilty on April 4, 2017, was also ordered to pay restitution of $430,970 to the Internal Revenue Service.

According to the information and plea agreement, Shryock created a promotional campaign “Boobies Rock Awareness for Breast Cancer” in February, 2011 and subsequently incorporated “Boobies Rock” in California in April, 2011 as its sole owner and operator. Between April, 2011 and June 2013, Boobies Rock!, operating as a for-profit business, held between 3,600 and 4,500 promotional events selling breast cancer awareness merchandise and accepting donations at bars and sporting events throughout the country.

The Boobies Rock merchandise consisted of t-shirts, hoodies, koozies and bracelets. Hiring managers and/or sales representatives accepted cash, checks, and credit card payments at the events. Shryock instructed the money received be deposited into bank accounts controlled by Shryock at two different banks. Proceeds were also mailed or hand delivered to Shryock’s Castle Rock residence.

During the years under investigation over 2,200 cash deposits totaling over $1.8 million were made into Shryock’s accounts. Shryock used some of these funds to support his lifestyle. Based on over $2.4 million in income, Shryock earned operating Boobies Rock and other businesses between 2011 and 2013, along with income Shryock did not report in 2010 while residing in California, the amount of restitution owed to the IRS is $430,970.

“Schemes to conceal and insulate wealth in order to evade income tax, such as those utilized by Shryock do not ‘rock.’  They are unfair to every taxpayer who obeys the law and pays his/her fair share.  The public should know that IRS CI will do everything we can to hold individuals accountable ensuring that our tax system is fair to everyone,” Steven Osborne, Special Agent in Charge, IRS-Criminal Investigation, Denver Field Office said. 

This case was investigated by Internal Revenue Service – Criminal Investigation.  This case was prosecuted by Assistant U.S. Attorney Martha Paluch.

Man Sentenced on Charges of Child Pornography

Source: United States Attorneys General

Headline: Man Sentenced on Charges of Child Pornography

United States Attorney Richard W. Moore of the Southern District of Alabama announces that Terry White, age 22, of Pine Hill, Alabama was sentenced today after earlier pleading guilty to a violation of 18 USC Section 2252A(a)(2), Receipt of Child Pornography. White was sentenced to serve 84 months imprisonment followed by a life time term of supervised release.

This case arose when the Alabama Law Enforcement Agency received a CyberTip from the National Center for Missing and Exploited Children that files containing child pornography were uploaded from the Facebook account of a juvenile from North Carolina to the Facebook account of Terry White.

The investigation revealed that White made a “friend request” to the victim and they began communicating via Facebook Messenger.  The conversation turned sexual and White requested that the juvenile send him images of child pornography.

Further investigation revealed that White had previously requested another child to send him obscene images.  That child’s mother had contacted law enforcement which resulted in the defendant being prosecuted for Electronic Solicitation of a Child in Clarke County, Alabama.

This case was investigated by the Clarke County, Alabama, Sheriff’s Office, the Alabama Law Enforcement Agency, the Federal Bureau of Investigation and the North Carolina Bureau of Investigation.  This case was prosecuted by AUSA Maria E. Murphy.

Mobile County Woman Receives 5 Years Probation and Ordered to Pay $45,120.07 Restitution to Social Security Administration and Alabama Medicaid Agency

Source: United States Attorneys General

Headline: Mobile County Woman Receives 5 Years Probation and Ordered to Pay $45,120.07 Restitution to Social Security Administration and Alabama Medicaid Agency

The United States Attorney, Richard W. Moore, announces that Tamara Wallace, a 43 year old, resident of Mobile, Alabama was sentenced today to five (5) years of probation and ordered to pay restitution in the amount of $31,308.00 to the Social Security Administration and $13,812.07 the State of Alabama Medicaid Agency.  

From January 2012 through September 2016, Wallace received Title XVI Supplemental Disability Income and Title XIX Medicaid Insurance Benefits that she was no longer entitled to due to her marriage and work activity.  Wallace was required to report her marriage and work income to the Social Security Administration so her benefits could be reevaluated and she failed to do so as required by law.  Wallace pled guilty to theft of public money on October 25, 2017.

Special Agents of the Social Security Administration’s Office of Inspector General along with special agents of the Department of Health and Human Services’ Office of Inspector General investigated the case and presented it to the United States Attorney’s Office for prosecution.  The prosecutor assigned to the case was Assistant United States Attorney, Gina S. Vann.

4 Individuals Indicted For Trafficking Methamphetamine And Marihuana

Source: United States Attorneys General

Headline: 4 Individuals Indicted For Trafficking Methamphetamine And Marihuana

SAN JUAN, PR – On January 31, 2018, a federal grand jury in the District of Puerto Rico returned an indictment against four individuals as a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation led by the U.S Postal Service, Office of Inspector General, DEA and the Puerto Rico Police Department, announced today United States Attorney Rosa Emilia Rodríguez-Vélez. The defendants are charged in a three-count indictment with conspiracy to possess with intent to distribute controlled substances, and the use of mail to distribute controlled substances.

The indictment alleges that beginning in the year 2015, the defendants conspired to possess with intent to distribute methamphetamine in Puerto Rico for significant financial gain. U.S Postal Service, Office of Inspector General, DEA San Juan Tactical Division Squad, and PRPD, started an investigation into a Drug Trafficking Organization (DTO) responsible for shipping crystal meth (also known as “ice”) and marihuana from the state of California to Puerto Rico via the United States Postal Service (USPS) with the assistance of two postal employees.

The defendants are:

1.         José Chávez, a.k.a. “El Mejicano/El Ingeniero”- sent the drugs from California to Puerto Rico

2.         Pedro Rodríguez Valentin- USPS employee

3.         Julio Valenzuela Morel- facilitator

4.         Josué Torres Colón- USPS employee

According to the indictment, the defendants mailed the packaged methamphetamine and/or marihuana to Puerto Rico from United States Post Offices in California. They had the methamphetamine and/or marihuana laden boxes have specific existing addresses on the postal employee’s delivery route, so that he could take control of the package to deliver to co-conspirators. The defendants and co-conspirators held meetings in Puerto Rico or Florida to discuss the distribution of controlled substances and communicated via text or phone regarding the shipments of controlled substances to Puerto Rico and its distribution. They used Well Fargo and Banco Popular accounts to pay co-conspirators for the shipments of methamphetamine.

“The US Attorney’s Office will continue to vigorously pursue the criminal prosecution of U.S. Postal Service employees and others who would defraud the U.S. Postal Service or utilize its services in their criminal schemes,” said United States Attorney Rosa Emilia Rodríguez-Vélez. “We are committed to dismantling and removing the threat posed by these criminal organizations flooding our communities with dangerous narcotics.”

Eileen Neff, Special Agent in Charge, U.S. Postal Service, Office of Inspector General, Northeast Area Field Office stated: “The U.S Postal Service, Office of Inspector General will utilize every resource available, to include our strong law enforcement partnerships, to prevent USPS employees from abusing positions of public trust by assisting with the trafficking of methamphetamine, as alleged in this case. This type of destructive and dangerous scheme will not be tolerated. We greatly appreciate the support of the Drug Enforcement Administration, Puerto Rico Police Department, and the U.S. Attorney’s Office in this matter.” 

The case is being prosecuted by Assistant United States Attorney Laura Montes under the supervision of Julia Díaz-Rex, Deputy Chief for International Narcotics Unit. If convicted, the defendants could face a minimum penalty of 10 years up to life imprisonment and/or fines of up to $10,000,000. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent unless and until proven guilty.

The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF). This multi-agency task force investigates and dismantles major drug trafficking organizations responsible for the movement of multi-kilogram quantities of narcotics as well as the gang violence that accompanies drug trafficking.

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