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Spearfish Man Sentenced for Attempted Enticement of a Minor Using the Internet

Source: United States Attorneys General

Headline: Spearfish Man Sentenced for Attempted Enticement of a Minor Using the Internet

United States Attorney Ron Parsons announced that a Spearfish, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on February 9, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Nicholaus Tripp, age 29, was sentenced to 10 years of imprisonment and 10 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Tripp was charged on January 10, 2017. The charge relates to Tripp posting an ad on Craiglist and then communicating with someone he believed to be the mother of two girls, ages 13 and 15, who was actually an undercover law enforcement agent, to arrange a meeting to engage in sexual acts with the girls.

This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Tripp was immediately remanded to the custody of the United States Marshals Service.

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Virginia Man Found Guilty of Murder and Other Charges for Triple Homicide in Northeast Washington in 1991

Source: United States Attorneys General

Headline: Virginia Man Found Guilty of Murder and Other Charges for Triple Homicide in Northeast Washington in 1991

            WASHINGTON – Benito Valdez, 47, formerly of Arlington, Va., was found guilty by a jury today of multiple counts of first-degree murder while armed and other charges for killing three people in 1991 in Northeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD). 

            In addition to the murder charges, the jury found Valdez guilty of three counts of kidnapping while armed and one count of sodomy while armed. The verdict followed a trial in the Superior Court of the District of Columbia. Valdez is to be sentenced by the Honorable Judith Bartnoff on April 13, 2018. He remains in custody pending that hearing.

            According to the government’s evidence, in the early morning hours of April 23, 1991, Curtis Pixley, Keith Simmons, and Samantha Gillard went to Langdon Park in the 1800 block of Franklin Street NE to purchase crack cocaine. Mr. Pixley, 29, and Mr. Simmons, 26, approached Valdez while Ms. Gilliard, 23, waited at a distance. The drug deal went bad very quickly when Valdez accused Mr. Pixley of stealing drugs from him. Valdez threatened Mr. Pixley that he was going to pay for the drugs one way or another.  When Mr. Pixley could not pay with cash, Valdez raped Ms. Gillard at gunpoint.  Then, according to the government’s evidence, Valdez forced all three to lie on the ground and shot each one execution-style.

            Valdez was charged with the crimes in February 2016.

            In announcing the verdicts, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department’s Cold Case Unit as well as the U.S. Park Police. They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialists Stephanie Siegerist, Alesha Matthews, Meridith McGarrity, and Sharon Newman; Criminal Investigator Zachary McMenamin; Litigation Technology Specialist Leif Hickling, and Victim/Witness Advocate Diana Lim.

            Finally, they commended the work of Assistant U.S. Attorneys Laura A. Bach and Lindsey Merikas, who prosecuted the case.

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West Memphis Gang Member Sent to Prison for More Than 17 Years for Illegal Gun Possession

Source: United States Attorneys General

Headline: West Memphis Gang Member Sent to Prison for More Than 17 Years for Illegal Gun Possession

LITTLE ROCK—Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Jeffrey Reed, Resident Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), announce that late Thursday multi-convicted felon Marvin Meux, 45, of West Memphis, was sentenced to 210 months in federal prison for his illegal possession of a firearm.

A federal Grand Jury charged Meux with one count of being a felon in possession of a firearm on June 18, 2016, and he pleaded guilty to that count on August 25, 2017. On February 15, 2018, United States District Court Judge James M. Moody, Jr., sentenced Meux to 210 months (17.5 years) in federal prison, to be followed by three years of supervised release. There is no parole in the federal system.

Meux was originally arrested by state authorities on October 21, 2015, after West Memphis police officers were dispatched to an area in West Memphis where two subjects were allegedly being held at gunpoint while attempting to repossess a car registered to Meux. While repossession employees were attempting to hook up the car, Meux jumped into the driver’s seat and drove off in the vehicle, with one of the employees still in the passenger seat. After fleeing a short distance, Meux drove back to his residence. After the employee exited Meux’s vehicle he saw Meux running towards him with a small black gun. The two repossession employees then got into their truck and drove away, while Meux was pointing the gun at them.

During a search of the residence West Memphis police officers located an SKS assault rifle and a .38 caliber revolver. Meux is identified as a member of a gang known as the Gangster Disciples in West Memphis. Judge Moody sentenced Meux pursuant to the Armed Career Criminal Act statute, which mandates enhanced penalties if the defendant had previously been convicted of three or more violent offenses or serious drug offenses.

The investigation was conducted by the West Memphis Police Department and the ATF. The case was prosecuted by Assistant United States Attorneys Liza Brown and Michael Gordon.

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Houston Businessman Pleads Guilty to Money Laundering Conspiracy

Source: United States Department of Justice

Headline: Houston Businessman Pleads Guilty to Money Laundering Conspiracy

A Houston, Texas, man pleaded guilty today to conspiring to commit money laundering, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Ryan K. Patrick for the Southern District of Texas.

According to documents and information provided to the court, Marcus T. Weathersby conspired with others to facilitate the fraudulent sale of second-hand prescription medications to a Utah-based wholesale distributor.  This scheme involved purchasing bottles of prescription medications from illegitimate sources and then selling the medications to another wholesale distributor who then sold them to pharmacies as new.  Federal regulation requires wholesale distributors of prescription medications to provide to a buyer a pedigree – a written statement identifying each prior sale, purchase, or trade of the drugs being sold that includes the business name and information of all parties to the prior transactions, starting with the manufacturer.

As part of his plea, Weathersby admitted that in approximately December 2010, he established, Acacia Pharma Distributors Inc. (Acacia), a Mississippi corporation.  Nearly eight months later, Weathersby directed another individual to incorporate Four Corner Suppliers Inc. (Four Corner) in Mississippi.  Acacia and Four Corner purported to be legitimate wholesale distributors of pharmaceuticals licensed and operating in Mississippi, however, in reality Weathersby and others used these corporations to facilitate the illegal sale of second-hand prescription drugs.

Weathersby also opened and caused others to open bank accounts in the names of Acacia and Four Corner.  Between February 2011 and July 2012, Weathersby withdrew and led others to withdraw over $2.9 million in cash from these bank accounts and to structure these cash withdrawals in amounts under $10,000 in order to prevent the banks from complying with their legal obligation to prepare currency transaction reports for each cash transaction over $10,000.

U.S. Magistrate Court Judge Nancy K. Johnson scheduled sentencing for May 30.  Weathersby faces a statutory maximum sentence of 20 years in prison, as well as a period of supervised release and monetary penalties.  Weathersby further agreed to the imposition of a money judgement against him in the amount of $2,991,867.76.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Patrick thanked agents of IRS Criminal Investigation, the Federal Bureau of Investigation, and the Federal Department of Agriculture, who conducted the investigation, and Trial Attorneys Sean Beaty and Terri-Lei O’Malley of the Tax Division, who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

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Attorney General Sessions’ Statement on Immigration Reform

Source: United States Department of Justice

Headline: Attorney General Sessions’ Statement on Immigration Reform

Attorney General Sessions’ statement on immigration reform:

“President Trump put forth reasonable, fair, and effective policy pillars for immigration reform that serves the national interest and would close loopholes in law and court decisions that frustrate the ability of the men and women of the Departments of Justice and Homeland Security to do the jobs that Congress and the American people expect them to do.  President Trump’s proposal would go a long way toward solving those problems by: (1) enhancing border security, including a wall and the elimination of legal loopholes that facilitate illegal immigration; (2) ending the illogical visa lottery system; (3) ending extended family chain migration; and, (4) solving the DACA problem. Nearly all of the proposals advanced in the Senate this week failed to address these issues.

“One proposal in particular would have eviscerated the authority of the Department of Homeland Security to arrest, detain, and remove the vast majority of illegal aliens in the country by limiting enforcement through mandated “prioritization” to criminal aliens, national security threats and—perhaps most surprisingly—future illegal immigrants. It failed to secure the border and left in place loopholes in our laws that allow the near unfettered entry of unaccompanied minors and family units. These loopholes create inexplicable and reckless incentives for new illegal immigration and perpetuate the catastrophic “catch and release” policy that has facilitated the presence of hundreds of thousands of illegal aliens in the United States. It also failed to close loopholes that make it difficult to remove criminal aliens, did nothing to combat sanctuary jurisdictions, failed to end unchecked extended family chain migration, and failed to address the outdated and dangerous visa lottery program. 

“From a law enforcement perspective, these failures undermine the work of our Department of Justice prosecutors and investigators.

“We can work together to pass meaningful legislation. H.R. 4670, the Securing America’s Future Act, which has been sponsored in the House of Representatives by House Judiciary Committee Chairman Bob Goodlatte, is a reasonable and fair bill that closes loopholes, establishes good policies, fulfills the President’s four pillars, and advances America’s legitimate national interest.”

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Two Men Arrested and Charged With Illegally Exporting UAV Parts and Technology to Hizballah

Source: United States Department of Justice

Headline: Two Men Arrested and Charged With Illegally Exporting UAV Parts and Technology to Hizballah

The indictment of Usama Darwich Hamade, 53, Samir Ahmed Berro, 64, and Issam Darwich Hamade, 55, was announced today for their conspiring to illegally export goods and technology from the United States to Lebanon and to Hizballah, a designated foreign terrorist organization, in violation of the International Emergency Economic Powers Act (IEEPA), the Export Administration Regulations, and the International Traffic in Arms Regulations.  Defendants Usama Hamade and Issam Hamade are currently in custody in South Africa. Samir Ahmed Berro remains at large.

Acting Assistant Attorney General for National Security Edward C. O’Callaghan and U.S. Attorney Gregory G. Brooker of the District of Minnesota made the announcement.

According to the Indictment, from 2009 through December 2013, Usama Hamade, Berro and Issam Hamade willfully conspired to export and attempted to export from the United States to Lebanon, and specifically to Hizballah, goods and technology without obtaining the required export licenses from the U.S. Department of Commerce and the U.S. Department of State, in violation of IEEPA, the Export Administration Regulations, the Arms Export Control Act, and the International Traffic in Arms Regulations.

According to the Indictment, those goods included inertial measurement units (IMUs) suitable for use in unmanned aerial vehicles (UAVs), a jet engine, piston engines and recording binoculars.

The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

This case is the result of an investigation conducted by the FBI, the U.S. Department of Commerce Office of Export Enforcement, and Homeland Security Investigations.

Assistant U.S. Attorneys John Docherty and David MacLaughlin are prosecuting the case, with assistance from Trial Attorney David Recker of the National Security Division’s Counterintelligence and Export Control Section.

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Mission Man Charged with Sexual Abuse of a Minor

Source: United States Attorneys General

Headline: Mission Man Charged with Sexual Abuse of a Minor

United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.

Matthew Peneaux, a/k/a Matthew Swalley, age 34, was indicted on October 24, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 16, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between on or about March 28, 2015, and April 30, 2016, Peneaux knowingly engaged in, and attempted to engage in, a sexual act with a minor female.

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

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.

Peneaux was released pending trial. A trial date has not been set.

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Mission Man and Woman Charged with Wire Fraud

Source: United States Attorneys General

Headline: Mission Man and Woman Charged with Wire Fraud

United States Attorney Ron Parsons announced that a man and a woman from Mission, South Dakota, have been indicted by a federal grand jury for Conspiracy to Commit Wire Fraud and Wire Fraud.

Mark Edward O’Leary, age 35, and Sharli Colombe, age 35, were indicted on February 14, 2018. They appeared before U.S. Magistrate Judge Mark A. Moreno on February 15, 2018, and both pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 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 between February 4, 2011, through June 6, 2017, O’Leary and Colombe passed at least 544 checks drawn on a bank account not belonging to either of them. The checks were used for personal items for O’Leary and Colombe and the purchases or deposits were not authorized by the owner of the bank account.

The charges are merely accusations and O’Leary and Colombe are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.

O’Leary and Colombe were released on bond. A trial date has not been set.

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Rosebud Man Charged With Assault With Intent to Commit Murder

Source: United States Attorneys General

Headline: Rosebud Man Charged With Assault With Intent to Commit Murder

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assault With Intent to Commit Murder, Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Lawrence Gary, Jr., age 19, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 16, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in prison 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 January 21, 2018, Gary assaulted a man with a knife, a pan, and with shod feet.

The charges are merely accusations and Gary 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 Kirk Albertson is prosecuting the case.

Gary was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.

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Ellsworth AFB Man Sentenced for Possession of Child Pornography

Source: United States Attorneys General

Headline: Ellsworth AFB Man Sentenced for Possession of Child Pornography

United States Attorney Ron Parsons announced that an Ellsworth AFB, South Dakota, man convicted of Possession of Child Pornography was sentenced on February 12, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Ryan Davies, age 28, was sentenced to 18 months of imprisonment and 5 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Davies was charged on June 14, 2016, after law enforcement received a CyberTipline Report from the National Center of Missing and Exploited Children that an individual was uploading naked images of juveniles to a cloud account. Law enforcement traced the account to Davies, who was found to have child pornography images on several electronic devices.

This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Davies was immediately remanded to the custody of the United States Marshals Service.