Source: United States Attorneys General

Headline: Guatemalan National Pleads Guilty to Failure to Register as a Sex Offender and Illegal Reentry After Deportation

BOSTON – A Guatemalan national pleaded guilty today in federal court in Boston to failing to register as a sex offender and to illegally reentering the United States after being deported.

Jary Vincente Valenzuela, 27, a Guatemalan national formerly residing on Nantucket, pleaded guilty to one count of failing to register as a sex offender and one count of unlawful reentry of a deported alien. U.S. District Court Judge Indira Talwani scheduled sentencing for March 27, 2018.

On July 16, 2012, Valenzuela was found guilty in state court of rape of a child – a 14-year-old – and sentenced to 18 months in prison. As a result of his conviction, Valenzuela was classified as a Level 1 sex offender and is required to register as such. Upon release from his state sentence, Valenzuela was taken into immigration custody and processed for deportation to Guatemala. On Aug. 8, 2013, Valenzuela was deported.

In June 2017, law enforcement learned that Valenzuela had re-entered the United States and was living on Nantucket.  Law enforcement confirmed with the Massachusetts Sex Offender Registry Board that Valenzuela had a legal obligation to register as a sex offender and had not done so since illegally returning to the United States. On July 25, 2017, law enforcement arrested Valenzuela.

The charge of illegal reentry of a deported alien provides for a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of $250,000.  The charge of failure to register as a sex offender provides for a sentence of no greater than 10 years in prison, up to a lifetime of supervised release, and a fine of $250,000. Valenzuela will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.

Source: United States Attorneys General

Headline: Connecticut Man Sentenced for Federal Firearms Offenses

BOSTON – An Enfield, Conn., man was sentenced today in federal court in Springfield for unlawfully possessing firearms. 

Kenneth Finch Jr., 31, was sentenced by U.S. District Court Judge Mark G. Mastroianni to five years in prison and three years of supervised release. In September 2017, Finch Jr. pleaded guilty to two counts of being a convicted felon in possession of a firearm. Finch has a prior felony conviction in North Carolina for being a felon in possession of a firearm.  

In June 2015, law enforcement received information that Finch was a source for illegal firearms in the Springfield area. On June 3, 2015, Finch sold a Ruger Model P-90 .45 caliber pistol and six rounds of .45 caliber ammunition to two undercover officers in exchange for $1,200. Finch was later arrested on May 12, 2016, and charged. The following day, Finch called his girlfriend from jail and directed her to a firearm that he had concealed in her apartment. Law enforcement later recovered a Duetsche Werke 7.65 mm caliber pistol from Finch’s girlfriend at her apartment in Springfield. On Nov. 10, 2016, Finch was charged in a superseding indictment with an additional count of being a felon in possession of a firearm.

United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Branch Office prosecuted the case.

Source: United States Attorneys General

Headline: Renewal Resident Charged with Escape

PITTSBURGH – An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on a charge of escape, United States Attorney Scott W. Brady announced today.

The one-count indictment, returned on January 30, 2018, named Derek Webb, 53, of Pittsburgh, Pennsylvania.

According to the indictment, on June 26, 2017, the defendant escaped from the Renewal, Inc. Residential Reentry Center, where he had been confined pursuant to a judgment order of the United States District Court for the Western District of Pennsylvania.

The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.

Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the government.

The United States Marshals Service conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Source: United States Attorneys General

Headline: Pittsburgh Man Charged with December Robbery of First National Bank in Mt. Washington

PITTSBURGH – One resident of Allegheny County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on a charge of bank robbery, United States Attorney Scott W. Brady announced today.

The one-count indictment, returned on January 30, 2018, named Matthew Gallo, age 34, of Pittsburgh, Pennsylvania, as the sole defendant.

According to the Indictment, on or about December 4, 2017, Gallo robbed First National Bank, located at 55 Wyoming Street, Pittsburgh, PA 15211. First National Bank is insured by the Federal Deposit Insurance Corporation.

The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000.00, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and the Allegheny County Sheriff’s Office conducted the investigation leading to the Indictment in this case.

An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Source: United States Attorneys General

Headline: Federal Jury Finds Pittsburgh-Area Man Guilty of Defrauding Investors of $2 Million, Tax Evasion

PITTSBURGH – After deliberating seven hours, a federal jury of eight men and four women yesterday found Albert P. Majkowski, Jr. guilty of three counts of wire fraud, two counts of tax evasion and two counts of a lesser included offense of failure to file a tax return, United States Attorney Scott W. Brady announced today.

Majkowski, Jr., 59, of Pittsburgh, Pennsylvania, was tried before United States District Judge Reggie B. Walton in Pittsburgh.

According to evidence presented at trial established that Majkowski defrauded potential investors of nearly $2 million over a five-year period by, among other things, making false statements about his own success in “incubating” start-up businesses and misrepresenting that investor monies’ would be used only for legitimate business expenses. He also evaded his income tax obligations for the years 2009 through 2010 by a variety of means including failing to file tax returns, putting his assets into the names of other persons and cashing a series of checks made out in blank. Additionally, he failed to file income tax returns for the years 2007 through 2008. The total loss for the tax charges was $181,456.

Judge Walton scheduled sentencing for May 25, 2018 at 2 p.m. The law provides for a total sentence of 27 years in prison and a fine of up to $250,000, or both, for each wire fraud count and up to five years in prison and a fine of up to $250,000, or both, for each count of tax evasion. Under the Federal Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Pending sentencing, the court revoked the defendant’s bond.

Assistant United States Attorneys James Wilson and Shardul Desai are prosecuting this case on behalf of the government.

The Internal Revenue Service, Criminal Investigations, and the United States Postal Inspection Service conducted the investigation that led to the prosecution of Majkowski.

Source: United States Attorneys General

Headline: Three Sentenced in Counterfeit Credit Card Scheme

PITTSBURGH – Three residents of the State of Florida, have been sentenced in federal court on a charge of conspiracy to commit identity theft, United States Attorney Scott W. Brady announced today.

United States District Judge Cathy Bissoon sentenced Raul Perez, age 38, of Miami, FL, to 24 months imprisonment with credit for time served, three years supervised release and restitution in the amount of $14,992.96; Alexis Delgado, age 44, of Hialeah, FL, to 18 months imprisonment with credit for time served, three years supervised release, restitution in the amount of $14,992.96, and a $5,000 fine; and, Leyanis Menendez, age 38, also of 83 Hialeah, FL, to 18 months imprisonment with credit for time served, three years supervised release, restitution in the amount of $14,992.96, and a $5,000 fine.

According to the information presented to the court, Raul Perez, Alexis Delgado, Leyanis Menendez and others conspired to manufacture and traffic-in counterfeit credits cards throughout the United States, which were used to purchase merchandise at stores nationwide, including the outlet stores in Gove City and Washington, PA, in June 2015.

“Incidents of credit card skimming, have reached epidemic proportions and consumers need to be very vigilant about any suspicious or unauthorized activity on their accounts,” said Marlon V. Miller, special agent in charge HSI Philadelphia. “These types of crimes not only result in major losses for financial institutions and merchants, but can cause a major disruption in consumers’ personal finances. HSI will continue to work closely with its federal and local law enforcement partners to target skimming schemes and the criminal syndicates that are behind them.”

Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.

United States Attorney Scott W. Brady commended the Western Pennsylvania Financial Crimes Task Force (WPFCTF), for conducting the investigation that led to the successful prosecution of these defendants. The WPFCTF was established as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partnering in this effort are the United States Attorney’s Office for the Western District of Pennsylvania, the United States Secret Service, the United States Postal Inspection Service, the Department of Homeland Security, the Allegheny County District Attorney’s Office, the Allegheny County Police Department, the City of Pittsburgh Bureau of Police and the Pennsylvania State Police.

Source: United States Attorneys General

Headline: FCI-Loretto Inmate Sentenced to 18 Months in Prison following Guilty Plea to Possession of Suboxone

JOHNSTOWN, Pa. – An inmate at the Federal Correctional Institution in Loretto, Pa., pleaded guilty in federal court in Johnstown to a charge of possession of a prohibited object in prison, and immediately following, was sentenced to 18 months in prison, consecutive to the current prison term he is serving, and three years’ supervised release, United States Attorney Scott W. Brady announced today.

John D. Barnett, Jr., 41, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.

In connection with the guilty plea, on December 24, 2016, Barnett, while an inmate at FCI Loretto, possessed a quantity of Suboxone.

Assistant United States Attorney Stephanie L. Haines prosecuted this case on behalf of the government.

Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation, and the Federal Correctional Institution, Special Investigative Staff, for the investigation leading to the successful prosecution of Barnett.

Source: United States Attorneys General

Headline: Elizabeth City Man Sentenced to More Than 21 Years for Drug Distribution and Firearm Charges

NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that Monday in federal court, United States District Judge Louise W. Flanagan sentenced JAMES MARVIN POOLE, 33, of Elizabeth City, to 262 months of imprisonment followed by 5 years of supervised release. 

POOLE was named in a 4-Count Criminal Information filed on September 12, 2017.  On that same day, POOLE pled guilty to 3-Counts of Distribution of a Quantity of Heroin and 1-Count of Possession and Brandishing of a Firearm in Furtherance of a Drug Trafficking Crime.

In June 2016, a Confidential Informant (CI) advised law enforcement in Pasquotank County, that he/she had been buying heroin from POOLE for the past year.  The CI also advised law enforcement that POOLE sold and/or stored drugs at two locations in Elizabeth City.  The CI specifically identified an apartment on South Griffin Street and a house on College Street which were connected to POOLE.  

 On June 15, 2016, the CI, working at the direction of law enforcement, arranged to meet with POOLE at the residence on College Street to purchase heroin.  The CI subsequently purchased 1 gram of heroin.  During the recorded conversation, POOLE can be heard discussing his “pistol.” 

On June 21, 2016, CI arranged a controlled purchase of heroin from POOLE.  POOLE subsequently met with the CI at the residence on College Street.  POOLE entered the CI’s vehicle while immediately pulling a semi-automatic pistol out of his waistband and placing it between the CI and POOLE.  POOLE instructed the CI to claim the pistol as his/her own if they were stopped by the police because of his prior felony convictions.  POOLE instructed the CI to drive to the South Griffin Street apartment.  Once there, POOLE exited the vehicle and entered the apartment, returned to the vehicle, and instructed the CI to drive back to the College Street house.  There, the CI purchased 2 grams of heroin from POOLE.

Following the two successful controlled purchases of heroin from POOLE, agents obtained a search warrant for the house and apartment associated with POOLE.  On June 28, 2016, agents entered POOLE’s apartment.  Officers proceeded to the second floor where POOLE was located exiting the bathroom with the toilet still flushing.  A search of the apartment revealed a loaded Glock 9mm pistol with 15 rounds of ammunition.  On March 6, 2017, agents utilized a second Confidential Informant (CI2) to perform an undercover buy from POOLE.  CI2 met with POOLE and subsequently purchased .5 gram of heroin from POOLE. 

On March 9, 2017, agents interviewed a cooperating witness who advised them that he/she had been purchasing 1 gram of heroin per day from POOLE for six months (180 grams of heroin).  A second cooperating witness advised agents on March 8, 2017, that he/she had purchased at least .4 gram of heroin, five days per week, from POOLE for the past 18 months (144 grams of heroin).  A third cooperating witness advised agents on March 29, 2017, that he/she purchased 120 grams of heroin from POOLE between February 2016 and January 2017.

On March 17, 2017, agents arrested POOLE on the federal charges.  POOLE advised agents that he received ½ ounce at a time from his source. Based on the evidence, POOLE is responsible for the distribution of 447.5 grams of heroin.  POOLE also possessed a firearm in connection with the offense.  

The Pasquotank County Sheriff’s Office and the FBI conducted the criminal investigation of this case.  Assistant United States Attorney Bradford Knott handled the prosecution of this case for the government.

Source: United States Attorneys General

Headline: Felon from Carlsbad Sentenced to Prison for Violating Federal Firearms Laws

ALBUQUERQUE – Paul Jay Harry, 33, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 57 months in prison for being a felon in possession of a firearm.  Harry will be on supervised release for three years after completing his prison sentence.

Harry was arrested on Jan. 17, 2017, and was charged by criminal complaint with being a felon in possession of a firearm and ammunition and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR) on May 2, 2016, in Chaves County, N.M.  According to the complaint, Harry was arrested on an outstanding warrant for failing to comply with probation following a routine traffic stop.  Law enforcement officers subsequently executed a state search warrant on Harry’s vehicle and seized a sawed off rifle, which was not registered to Harry in the NFRTR, ammunition and drug paraphernalia. 

Harry was indicted on April 19, 2017, and was charged with being a felon in possession of a firearm.  According to the indictment, Harry had a prior burglary conviction.

On May 25, 2017, Harry pled guilty to the indictment and admitted that on May 2, 2016, he possessed a short-barreled rifle.  Harry further admitted that he could not legally possess firearms or ammunition because of his convictions in 2009 for vehicle burglary and forgery.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department.  Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

Source: United States Attorneys General

Headline: Calais Woman Sentenced to Two Months for Stealing Social Security Benefits

Bangor, Maine:  United States Attorney Halsey B. Frank announced that Amy Lynn Holmes, 46, of Calais, Maine was sentenced yesterday in U.S District Court by Judge John A. Woodcock, Jr. to two months in prison and three years of supervised release for stealing over $96,000 in Supplemental Security Income (SSI) benefits.  SSI benefits are paid to people with limited income who are blind, disabled or elderly.  Holmes was also ordered to pay $33,821 in restitution.  She pleaded guilty on August 29, 2017.

Court records reveal that between February 2004 and May 2016, Holmes falsely represented to the Social Security Administration (SSA) that she was living alone and not receiving help or money from any person.  In fact, she was living with her husband who was providing her with financial assistance, Florida vacations and vehicles. She told investigators that she knew that she would have been ineligible for SSI if she had disclosed her husband’s income and that they were living together.

“This is a good example of the ongoing efforts by the Federal government to deter fraud against social security programs,” said U.S. Attorney Frank. “The U.S. Attorney’s Office is committed to prosecuting those in Maine who engage in government benefit fraud.  We hope that this prosecution and others like it will discourage people who are tempted to steal government benefits.”

The case was investigated by the SSA, Office of the Inspector General.