Source: United States Attorneys General

Headline: St. Francis Woman Charged with Involuntary Manslaughter

United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.

Omalewin Neck, age 24, was indicted on January 17, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on October 1, 2017, Neck unlawfully killed another human being, while operating a motor vehicle, in a grossly negligent manner.

The charge is merely an accusation and Neck is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Daniel C. Nelson is prosecuting the case.   

Neck was released on bond pending trial.  A trial date has not been set.

Source: United States Attorneys General

Headline: Coventry Man Pleads Guilty to Federal Firearm Charge

PROVIDENCE, RI – Marcus A. Venson, 29, of Coventry, pleaded guilty in federal court in Providence today to being a felon in possession of a firearm. Venson, previously convicted in Rhode Island state court for drug trafficking, was found to be in possession of a loaded firearm at the time of his arrest in May 2017 by Rhode Island State Police following an incident in Newport.

Venson’s guilty plea is announced by United States Attorney Stephen G. Dambruch; Newport Police Chief Gary T. Silva; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Mickey Leadingham, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.

According to information presented to the Court, during the afternoon of May 26, 2017, the Newport Police Department transmitted a broadcast for law enforcement to be on the lookout for Venson who was in possession of a handgun and who was a passenger in taxi, after allegedly brandishing a firearm earlier in the day. The broadcast provided law enforcement with a detailed description of the cab that it was traveling on Route 138 over the Newport Bridge and possibly heading to Coventry.

Shortly after the police broadcast, North Kingston Police contacted the Rhode Island State Police and advised them that one of their officers observed the cab traveling on Route 4 North passing Exit 6. A Rhode Island State Police Trooper observed the cab traveling on Route 4 North and then exit the highway, at which time Rhode Island State Police Troopers conducted a motor vehicle stop.

A Rhode Island State Police trooper approached the rear of the cab and observed a rear seated passenger that fit the description of the suspect sought by the Newport Police Department. The trooper ordered the suspect out of the cab and to lay face down on the ground. The State Police trooper searched the suspect and seized from him a fully loaded, Smith and Wesson .38 caliber revolver.

Venson is scheduled to be sentenced on April 19, 2018, by U.S. District Judge John J. McConnell, Jr. Felon in possession of a firearm is punishable by statutory penalties of up to 10 years in federal prison; 3 years supervised; and a fine of up to $250,000.

The case is being prosecuted by Assistant U.S. Attorney Richard W. Rose.

The matter was investigated by the Newport Police Department and the Rhode Island State Police, with the assistance of the North Kingstown Police Department, Warwick Police Department and members of the ATF Task Force, including the Special Investigations Unit at the Rhode Island Department of Corrections.

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Source: United States Attorneys General

Headline: Veteran Civil Litigator Appointed Civil Division Chief

PROVIDENCE, RI – Assistant United States Attorney Zachary A. Cunha, a civil litigator since 2001 and an Assistant United States Attorney since 2005, has been appointed by United States Attorney Stephen G. Dambruch to serve as the Civil Division Chief for the United States Attorney’s Office. 

Prior to being named Civil Division Chief, Mr. Cunha served as the Affirmative Civil Enforcement Coordinator in the U.S. Attorney’s Office for the District of Rhode Island.  In that capacity, he was responsible for cases in which the United States, as plaintiff, seek to vindicate governmental interests, combat fraud, and recover funds under the Federal False Claims Act. 

Prior to joining the Rhode Island office in 2014, Mr. Cunha served as an Assistant U.S. Attorney in the District of Massachusetts for five years.  While in the Boston office, he was appointed Chief of that office’s Affirmative Litigation Unit and was responsible for litigating and supervising the investigation of a number of nationally significant health care fraud matters.  In 2010, Mr. Cunha was recognized with the Attorney General’s Award for Exceptional Service, the highest honor conferred by the Department of Justice, for his work on the prosecution team in United States v. Pfizer, which resulted in a recovery of $2.3 billion dollars; the largest civil and criminal healthcare fraud recovery made by the United States as of that time. 

Mr. Cunha began his career with the Justice Department in the Eastern District of New York, where he served as an Assistant United States Attorney from 2005-2008.  Before joining the Department, Mr. Cunha worked as an Assistant Corporation Counsel for the City of New York, representing the City and its officers in federal litigation. 

Mr. Cunha received his Bachelor of Arts, with honors, from Brown University in 1998, and his Juris Doctorate, also with honors, from the George Washington University Law School in 2001.  

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Source: United States Attorneys General

Headline: Two Additional Defendants Charged In Monroe County-Based Drug And Sex Trafficking Conspiracies

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton returned a second superseding indictment on January 30, 2018, charging two additional defendants, Arthur Taylor, age 35, of Tobyhanna, PA and Jordan Capone, age 23, of Mt. Pocono, PA, with participating in Monroe County-based drug and sex trafficking conspiracies.  

According to United States Attorney David J. Freed, the second superseding indictment charges Taylor, Capone, and Jamiell Sims, age 29, of East Stroudsburg, PA, with conspiring with each other and others, to distribute and possess with intent to distribute cocaine base (“crack”), percocet, molly (MDMA), and heroin in an operation that allegedly stretched from New York to Stroudsburg, Pennsylvania to the state of Maine. The second superseding indictment alleges that the drug trafficking conspiracy began in 2010, and continued until the present.

The case was unsealed today following the arrest of Taylor and Capone. Sims had been charged in a previous indictment in October 2016.  All three defendants are in custody.   

It is alleged that the defendants were involved in trafficking more than 100 grams of heroin, which is approximately equivalent to more than 4,000 retail bags. Sims is also charged with four counts of distributing heroin in September-October 2016, and Capone is charged with possession with intent to distribute “molly” (MDMA) during 2012-2014.

The second superseding indictment further alleges that Taylor, Capone, and Sims conspired with each other and others to commit sex trafficking by force, fraud and coercion. All three defendants are also charged with four counts of sex trafficking by force, fraud and coercion taking place between 2011 and 2014.

The second superseding indictment alleges that the defendants were part of a street gang known as the “Black P-Stones,” whose members allegedly were “beaten-in” or “sexed-in” to the gang.

According to the second superseding indictment, the defendants and/or their co-conspirators obtained heroin and other drugs from suppliers in New York and elsewhere, and distributed the drug to others in Monroe County, Pennsylvania, and Maine.   

It is further alleged that the defendants used intimidation and drugs to coerce females to engage in prostitution at hotels and motels in the Monroe County area, and posted advertisements on the adult entertainment section of a website to solicit customers for prostitution.

Sims is also charged with attempting to tamper with a witness connected to the case. Taylor is charged with conspiracy to interfere with commerce (drugs and money) by robbery.

The charges against the defendants resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, Maine State Police, and local police in Monroe County. 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.

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.

If convicted of the drug conspiracy charge, the defendants face a mandatory minimum sentence of five years’ imprisonment and a potential maximum sentence of 40 years’ imprisonment. The drug distribution counts against Sims and Capone each carry a potential maximum sentence of 20 years’ imprisonment. The sex trafficking offenses carry a mandatory minimum sentence of 15 years’ imprisonment and a potential maximum sentence of life imprisonment. Sims’ witness tampering charge carries a potential maximum sentence of 20 years’ imprisonment. Taylor’s charge of interference with commerce by robbery carries a potential maximum sentence of 20 years’ imprisonment. 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: Former CEO Of Scranton Federal Credit Union Sentenced To 70 Months’ Imprisonment

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Court Judge Malachy E. Mannion sentenced Sean Jelen, age 35, of Breezy Point, NY, to 70 months’ imprisonment and four years of supervised release on January 31, 2018, for bank fraud and attempted bank fraud offenses.

According to United States Attorney David J. Freed, Jelen served as the CEO of Valor Federal Credit Union (Valor), now known as Pentagon Federal Credit Union, from 2012 to 2015.  In July 2016, Jelen pleaded guilty to defrauding and attempting to defraud Valor and several insurance companies, both before and after his tenure as CEO.  Jelen’s criminal activities, many of which involved the use of forged and altered documents, and the impersonation of others, included:

• Causing Valor to pay $34,500 of his personal credit card debt by forging a fake service contract between Valor and a non-existent entity;
• Obtaining a $450,000 line of credit from Valor by using altered bank records to conceal his existing mortgage liability;
• Causing Valor to pay over $30,000 to fund his wife’s birthday party, by forging a fake service contract between Valor and a non-existent entity;
• Embezzling nearly $140,000 from Valor by causing it to double-pay his life insurance premium directly to his own bank account;
• Rigging the Valor Board of Directors election to elect two candidates who he subsequently impersonated;
• Causing Valor to fund a $25,000 golf tournament sponsorship at his alma mater, while altering records to disguise it as a donation to a local soup kitchen;
• Providing false documents to the National Credit Union Administration to deflect its investigation of his activities;
• Forging a severance contract in an attempt to trigger millions of dollars in payouts and benefits upon his termination from Valor;
• Attempting to obtain the surrender value of various life insurance contracts owned by Valor; and
• Impersonating his physician, psychiatrist, and former employee in an attempt to obtain disability insurance payments after his termination from Valor.

In pronouncing the sentence, Judge Mannion highlighted the disturbing nature of Jelen’s conduct, and that his criminal activities continued after he was aware of the federal criminal investigation.  Judge Mannion also focused on Jelen’s use of embezzled money to fund life luxuries, naming greed and power as his motivation.

Judge Mannion ordered Jelen to pay $694,971.88 in restitution to the victims of his crimes.  The United States is seeking forfeiture of a vacation home in Breezy Point, New York, that Jelen purchased with the proceeds of his frauds.

The investigation was conducted by the Federal Bureau of Investigation.  The case was prosecuted by Assistant United States Attorneys Phil Caraballo and Evan Gotlob.

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Source: United States Attorneys General

Headline: York Woman Charged With Wire Fraud

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Wendi E. Detter, age 44, of York, Pennsylvania, was charged in a criminal information on January 31, 2018, with wire fraud.

According to United States Attorney David J. Freed, Detter, who had been President and part owner of YCP, Inc., a construction and excavation business, embezzled more than $100,000 from YCP, Inc.  The information alleges from January 2010 through June 2016, Detter used her position and her access to financial accounts to write herself checks for her own personal use and financial gain.  The information also alleges that, in order to conceal the embezzlement, Detter made false entries in the company’s QuickBooks accounting software she maintained as part of her duties.

The investigation was conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Joseph J. Terz is prosecuting the case.

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

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

The maximum penalty under the federal statute is 20 years’ imprisonment, 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: Six Southern Ohio Individuals Charged with Running Heroin Trafficking Ring

CINCINNATI – Five Southern Ohio men and one woman have been charged by criminal complaint with conspiracy to possess and distribute more than 1,000 grams of heroin.

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), announced the charges, which were unsealed today.

Those charged include:

Name	Age	City of Residence
Miguel Monroy-Cuadros	29	Fairfield, Ohio
Annel Reyes-Valdes	28	Fairfield, Ohio
Armando Gonzalez-Rosas	25	Fairfield, Ohio
Felix Garcia-Rosas*	30	Liberty Township, Ohio
Omar Santos	37	Oxford, Ohio
Armando Reyes	36	Oxford, Ohio

*Defendant is currently a fugitive

Gonzalez-Rosas and Garcia-Rosas are also charged with distribution of heroin. Monroy-Cuadros, Santos and Reyes are each also charged with possession with intent to distribute more than 100 grams of heroin. In addition, Santos and Reyes were each also charged with unlawful possession of firearms by an illegal alien and unlawfully possessing firearms in furtherance of a drug trafficking crime.

According to the affidavit filed in support of the criminal complaint, the six men were conspiring to operate a heroin-trafficking ring in the Cincinnati area from at least October 2017 until this week.

After DEA agents conducted a controlled purchase of heroin from Gonzalez-Rosas in September 2017, U.S. District Judge Michael R. Barrett authorized the interceptions of wire communications on cell phones used by the defendants. Communications led agents to believe Monroy-Cuadros was likely the source of supply for the group and Reyes-Valdes wired the group’s drug proceeds to Mexico. The farm on which Santos and Reyes lived in Oxford, Ohio was allegedly used as a stash location for the drug and drug proceeds.

Investigators intercepted calls and observed drug buys on numerous occasions between October 2017 and January 2018.

On January 9, troopers with Ohio State Highway Patrol discovered more than $132,446 in three separate locations in a vehicle. One of the locations included a plastic bag with more than $50,000 that is believed to have been delivered to the vehicle by Monroy-Cuadros.

On January 25, the Butler County Sheriff’s Office K9 unit conducted a traffic stop of Monroy-Cuadros. Following a positive indication by the K9, the vehicle was searched and $10,000 was discovered in a white plastic bag. Monroy-Cuadros was given a ticket for a moving violation.

Agents learned on Monday that Monroy-Cuadros and Reyes-Valdes were in Chicago. Agents from DEA Chicago observed Monroy-Cuadros board a bus, which was traveling to Mexico.

Search warrants obtained on Tuesday were executed at the farm in Oxford and a residence in Fairfield, Ohio. Several firearms – strategically located as-if for defense against home invasion – were found in the home in Oxford, as well as 300 grams of heroin. Agents discovered several money transfer receipts at the home in Fairfield.

Five of the defendants were arrested yesterday, including Monroy-Cuadros, who was arrested in Dallas when officers with the Dallas Police Department interdicted the bus. Garcia-Rosas remains at large.

U.S. Attorney Glassman commended the investigation of this case by the DEA and the assistance of DEA Chicago and Dallas, Immigration and Customs Enforcement (ICE), Ohio State Highway Patrol, Butler County Sheriff’s Office, Oxford, Fairfield, Springdale and Dallas Police Departments, as well as Assistant United States Attorney Karl P. Kadon, who is prosecuting the case.

A criminal complaint merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

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Source: United States Attorneys General

Headline: California Man Sentenced On Methamphetamine Charge

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Lawrence Neubert, 46, of Spring Valley, CA, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, was sentenced to 120 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on September 4, 2014, and October 2, 2014, the defendant shipped packages, containing more than 220 grams of methamphetamine, from California to Buffalo. Surveillance video from September 4, 2014, showed Neubert preparing the package and paying for its shipment in cash. In exchange for sending the packages, Neubert received $3500 in USPS money orders.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division. 

Source: United States Attorneys General

Headline: Woman Charged With Smuggling Cash Across The Border

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Liliya Dzyuba, 42, of North York, Ontario, Canada, was arrested and charged by criminal complaint with bulk cash smuggling. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 25, 2018, Customs and Border Protection officers encountered the defendant at the Peace Bridge Port of Entry coming into the United States from Canada. Dzyuba indicated that she was coming to Buffalo and staying for a few days to go shopping at the Eastern Hills Mall. When asked how much money she was traveling with, the defendant responded “$5,000.00.” Dzyuba was given a Customs Declaration form and checked “no” when asked if she was carrying “currency or monetary instruments over $10,000 U.S. or Foreign equivalent.” The defendant declared a total of $5,000 and signed the form.

However, during subsequent searches, officers discovered that Dzyuba was carrying $37,000.00 in U.S. Currency around her waist and hidden in her pants. She also had a list of names and money wire transfer locations in the Buffalo, NY area.

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and bail was set at $5,000 cash. The government requested that Judge McCarthy stay his release order. The release order was stayed and another appearance is scheduled for February 1, 2018, at 11:00 a.m.

The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. 

The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.

Source: United States Attorneys General

Headline: Canadian Man Suspected Of Transporting Drugs Across The Border Arrested On Marijuana Charge

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Alexander Maizels, 48, of Ontario, Canada, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000. 

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, a federal investigation was initiated by Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI) Buffalo Border Enforcement Security Team (BEST) into the activities of the defendant and multiple co-conspirators contracted to transport controlled substances between the United States and Canada for transnational criminal organization.

The investigation was based in part on Maizels’ arrest in April 2015 by the Illinois State Police for being in possession of over 100 kilograms of marijuana. On April 7, 2015, the defendant entered the United States at the Buffalo, NY port of entry operating a commercial tractor trailer. On April 8, 2015, Maizels’ made a delivery in Patterson, NJ. Later that day, the defendant arrived in Liverpool, NY, at a warehouse that had been identified by law enforcement officers as a warehouse utilized by individuals based in Canada who were suspected of transporting controlled substances. On April 9, 2015, the defendant traveled to a business in Elk Grove Village, IL. HSI Buffalo provided information to HSI Chicago and the Illinois State Police. The Illinois State Police searched the tractor trailer and found 30 brown boxes which contained 235 heat-sealed bundles of a green leafy substance suspected to be marijuana. The Illinois State Police estimated the street value of the seized marijuana was more than $900,000. 

The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.