Friday, May 31, 2013

Medford Man Sentenced to 15 Years in Federal Prison on Marijuana Distribution Conviction

MEDFORD, OR—On Tuesday, May 28, 2013, Senior U.S. District Judge Owen M. Panner sentenced Brian Wayne Simmons, 40, of Medford, Oregon, to 15 years in federal prison for conspiracy and manufacturing and distributing marijuana.
Simmons owned and operated Brian’s Green Thumb Farm on East Gregory Road in Central Point, Oregon, purporting to grow organic vegetables. U.S. Drug Enforcement Administration agents executed a search warrant on Simmon’s farm in October 2011, seizing 456 large marijuana plants. Agents seized an additional 64 large marijuana plants at a second grow site on Dark Hollow Road in Medford. The plants ranged from approximately 5-8 feet tall and produced upwards of 10 pounds of marijuana per plant. Agents also seized thousands of pounds of harvested marijuana being processed at both locations (1,600 pounds dry weight). Simmons had previously registered over 20 persons as “growers” at his marijuana sites, creating the appearance that he was complying with the Oregon Medical Marijuana Act. In fact, evidence established that many of the growers were recruited in name only and took no part in the grow operation. Simmons also recruited persons to tend the marijuana plants for a percentage of the profit and paid others to trim the marijuana. The investigation revealed that Simmons had been growing and selling marijuana since at least 2009, with documented sales of over $740,000 for the 2009 and 2010 grow seasons. Based on the seized evidence, Simmons had roughly quadrupled the size of his operation by 2011.
Simmons was convicted by a 12-person jury after a trial in Medford, Oregon, in December 2012. A co-defendant, Michael Grantski, was acquitted. Another co-defendant, Michael Peru, pleaded guilty, and is pending sentencing.
“This case represents another gross abuse of the Oregon Medical Marijuana Program (OMMP). Under state law, OMMP attempts to provide a mechanism to enable people who suffer from one of several enumerated medical conditions to obtain medicinal marijuana. Unfortunately, criminals like Mr. Simmons hide behind the façade of OMMP in order to sell their illicit product to drug users and drug dealers for profit,” stated U.S. Attorney Amanda S. Marshall. “My office will continue to indict others who violate both state and federal law by producing and selling large quantities of marijuana for profit. We will also take the assets that are used to facilitate the illegal activity and the resulting proceeds in order to take the profit out of this crime.”
This case was investigated by the U.S. Drug Enforcement Administration, with assistance from the Jackson County Sheriff’s Office, Medford Police Department, Ashland Police Department, U.S. Marshals Service, Immigration and Customs Enforcement, Federal Bureau of Investigation, Internal Revenue Service, U.S. Forest Service, and the U.S. Bureau of Land Management, and it was prosecuted by Assistant U.S. Attorney Douglas W. Fong.

Arrests Made in Drug Trafficking Investigation

OKLAHOMA CITY—James E. Finch, Special Agent in Charge of the Oklahoma City Division of the Federal Bureau of Investigation (FBI), and Bill Citty, Chief of the Oklahoma City Police Department, announce the arrest of four individuals involved in an illegal drug trafficking organization. Arrested today were Mark A. Prentice, age 37 of Moore, Oklahoma; Pedro Lee Luera, age 31 of Norman, Oklahoma; Ryan Battilsa Matlock, age 23 of Norman, Oklahoma; and Richard Garcia, age 36 of Oklahoma City, Oklahoma.
A federal criminal complaint filed in U.S. District Court for the Western District of Oklahoma on May 15, 2013 charges those arrested with conspiracy to possess with intent to distribute not less than 50 grams of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21 U.S. Code, Section 846. The complaint alleges the conspiracy took place from September 2012 through May 2013, and involved the distribution of methamphetamine in Oklahoma City and throughout the state of Oklahoma.
Today’s arrests are the result of investigation and cooperation by a number of law enforcement agencies. Investigation was conducted by the Oklahoma City Safe Streets Task Force (FBI, Oklahoma City Police Department, Midwest City Police Department), District III Drug Task Force, ATF, IRS, Oklahoma Bureau of Narcotics, Oklahoma State Bureau of Investigation, Moore Police Department, Norman Police Department, and the Oklahoma State Department of Corrections.
The public is reminded these charges are merely an accusation and the defendants are presumed innocent until proven guilty.

Thursday, May 30, 2013

Vernon Luke Bowser Sentenced to 20 Years in Prison for Role in Methamphetamine Conspiracy Operating in Washington County

GREENEVILLE, TN—On Monday, April 29, 2013, Vernon Luke Bowser, 46, of Gray, Tennessee, was sentenced by the Honorable J. Ronnie Greer, U.S. District Court judge, to serve 240 months in prison for his role in a methamphetamine manufacturing conspiracy.
Bowser was one of 20 individuals indicted in January 2012 for conspiring to manufacture methamphetamine (meth). Law enforcement agents found meth labs or meth equipment and residue at seven homes in Gray, Jonesborough, and Watauga, Tennessee. Currently, 19 of these 20 individuals have been sentenced. Another 11, who were indicted in October 2011 as part of the same meth conspiracy, have also been sentenced. Eighteen additional individuals await sentencing, and two others await trial in a third related indictment returned in December 2012.
The conspiracy lasted more than three years and involved the manufacture of more than 1,462 grams of methamphetamine at 16 meth labs, including homes, a school bus, barns, and vehicles in Washington, Carter, Greene, and Unicoi Counties. The United States forfeited $14,700 in proceeds from the sale of property used to manufacture meth and an additional six acres of property located on Airport Road for the same reason.
In addition to Vernon Luke Bowser, other individuals who have already been sentenced include: Edward Cato, 45; Ricky Birchfield, 42; Lowell Bowser, 46; Dashauna Frye, 38; Scotty Frye, 42; Tim Honeycutt, Sr., 49; Tim (TJ) Honeycutt, Jr., 23; Nancy Lafollette, 52; Renee Martius, 33; David Tucker, 24; and Ronnie Tucker, 44, all 12 of Gray, Tennessee. Sentencing has also taken place for the following individuals from Johnson City: James Arnn, 45; Jimmy Hale, 56; Gregg Herron, 42; Brandon Holder, 30; Josh Mabery, 38; Kimberlie Molnar, 44; Andrew Rowland, 41; Danny Wilcox, 37; and Joshua York, 38. The remaining individuals who have been sentenced include: Leroy Bowser, 43, and Linda Woolfrey, 48, of Kingsport; Tavia Harris, 32, of Bristol; Dean Hollifield, 52, and Cindy Waters, 49, of Fall Branch; William Koenig, 35, Teresa Markland, 43, and Bryan Paul, 52, of Jonesborough; and Neil Hensley,38, of Unicoi.
U.S. Attorney William C. Killian stated, “Tennessee has been identified as having one of the highest rates of meth addiction in the United States. Meth has no legitimate uses and it destroys lives, families, and communities. We will continue to devote appropriate resources to rid our communities of the scourge of meth by vigorous prosecution and meaningful prison terms.”
Law enforcement agencies participating in the investigation which led to the indictments and subsequent convictions include the Tennessee First Judicial District Drug Task Force (1stDTF), Tennessee Second Judicial District Drug Task Force, Washington County (Tennessee) Sheriff’s Office, Drug Enforcement Administration, U.S. Marshals Service, Sullivan County (Tennessee) Sheriff’s Office Vice Unit, Kingsport (Tennessee) Police Department, Johnson City (Tennessee) Police Department, Tennessee National Guard, Tennessee Highway Patrol, Elizabethton (Tennessee) Police Department, Tennessee Bureau of Investigation, Greene County (Tennessee) Sheriff’s Office, Greeneville Police Department, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Helen Smith represented the United States.

Arrests Made in Conjunction with Benchmark Investigation

KNOXVILLE—On Thursday, May 23, 2013, four individuals were taken into custody by federal agents in conjunction with an investigation involving Benchmark Capital Inc. Brian Murphy, Paulynn Wright, and Dona Rector were arrested Thursday morning by federal agents. Tiffiny Thompson voluntarily surrendered to authorities after being informed that charges has been filed against her. Murphy and Thompson pleaded not guilty during their arraignment before U.S. Magistrate Judge H. Bruce Guyton. The arraignment of Wright and Rector has been scheduled for May 24, 2013, at 10:00 a.m.. All four were released pending trial, which will be scheduled at a status conference on June 4, 2013.
Charges against these four individuals are contained in a superseding indictment returned by a federal grand jury on May 21, 2013. Murphy, Thompson, and Wright are charged with conspiracy to commit mail and wire fraud and money laundering. Rector is charged with conspiracy to commit wire fraud. The superseding indictment also contains additional charges against Joyce Allen and Kay Thomas, who were initially indicted in July 2012.
The money laundering conspiracy charge carries a maximum sentence of 20 years in prison. The maximum sentence for the fraud conspiracy charge is 30 years in prison.
The indictment alleges that Benchmark Capital Inc. was engaged in an elaborate scheme that lured investors, many of whom were elderly, into investing their retirement savings and the equity in their homes in phony annuity investments. According to the indictment, more than $42.6 million was invested in the Benchmark scheme, resulting in a net loss of more than $18 million to investors. The scheme unraveled early last year, following the suicide of Charles Candler in March 2012.
This indictment is the result of an investigation by the Internal Revenue Service, U.S. Postal Inspection Service, and Federal Bureau of Investigation. Assistant U.S. Attorney Frank M. Dale, Jr. is representing the United States.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until their guilt has been proven beyond a reasonable doubt.

Ohio Man Charged with Drug Law Violation

PITTSBURGH—A resident of Warren, Ohio has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotic laws, United States Attorney David J. Hickton announced today.
The one-count indictment named Matthew Hosey, 61, of Warren, Ohio.
According to the indictment, on or about April 24, 2013, Hosey possessed with intent to distribute a quantity of crack cocaine and a quantity of heroin.
The law provides for a maximum total sentence of 30 years in prison, a fine of $2,000,000, 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, if any, of the defendant.
Assistant United States Attorney Troy Rivetti is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Southwest Regional Police Department, Pennsylvania State Police, Drug Enforcement Administration, and the Pennsylvania Attorney General’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.

Wednesday, May 29, 2013

Federal Jury Convicts Tarrant County Man in Methamphetamine Distribution Conspiracy

FORT WORTH, TX—Following a two-day trial in federal court in Fort Worth, Texas, before U.S. District Judge John McBryde, a federal jury has convicted Jermaine Duane Irvin, 41, on a superseding indictment charging one count of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine. Irvin, who has been in custody since his arrest at his home in Arlington, Texas, on February 28, 2013, faces a statutory penalty of 10 years to life in federal prison and a $5,000,000 fine. He is scheduled to be sentenced on September 13, 2013 by Judge McBryde. Today’s announcement was made by U.S. Attorney Sarah R. SaldaƱa of the Northern District of Texas.
Irvin; Christopher Gamez, of Arlington; Osamu John Hack of Grand Prairie, Texas; Maria Guadalupe Contreras; and Alex Plasencio, III, also of Arlington, were charged with running the conspiracy to distribute methamphetamine in the Arlington area from August 2012 to late February 25, 2013. Gamez, Contreras, Hack, and Plasencio were arrested in late February 2013 and have each pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine.
This Organized Crime Drug Enforcement Task Force (OCDETF) case was investigated by the Drug Enforcement Administration and the FBI. Assistant U.S. Attorneys Josh Burgess and Shawn Smith are in charge of the prosecution.

Judge Hands Down Multiple Sentences in Houston-Area Ecstasy Conspiracy

HOUSTON—Six Houston residents convicted for their roles in a multi-drug conspiracy operating in and around the Houston area over the course of approximately two years have been ordered to serve time in federal prison, United States Attorney Kenneth Magidson announced today.
A federal jury convicted Thuong Thomas-More Vo, 37; Steven Marshal Boehning, 33; and Hung Van Dang, 36, on August 29, 2012, following eight days of trial and approximately 10 hours of deliberations. Nanthato Phetphongsy, 36; Tay Luangpanh, 39; and Sourivong Nanthavongdouangsy, 31, had previously entered pleas of guilty.
At the lengthy hearing that concluded late Friday, U.S. District Judge Lee H. Rosenthal handed Vo a sentence of 109 months, while Boehning and Dang will serve respective terms of 38 and 36 months in federal prison. Phetphongsy, Luangpanh, and Nanthavongdouangsy were ordered to serve 102, 78, and three months in prison, respectively. In handing down the sentence, Judge Rosenthal called their actions a “sinister scheme.” With the exception of Nanthavongdouangsy, who received a two-year-term of supervised release, the remaining five were further ordered to serve three years of supervised release following completion of their prison sentences.
A total of 16 people were charged in two separate indictments in relation to this case. To date, all have been convicted and 13 have now been ordered to prison.
The investigation targeted a Vietnamese and Laotian drug trafficking organization operating in Houston. The group primarily distributed ecstasy, but was also involved in the distribution of cocaine and hydroponic marijuana. Vo, among others in this case, was affiliated with the Houston-based Asian gang, known as NCP, or “Northside Chink Posse.”
At trial, the government presented evidence that Vo, Boehning, and Dang dealt with a now-deceased drug trafficker who supplied them with ecstasy. Vo, who has a prior federal ecstasy trafficking conviction, had served as the broker for that drug trafficker and introduced Boehning and Dang to him. Vo approved the quantities and prices of ecstasy sold to Boehning and Dang, who would then sell the ecstasy to their clients.
Three others who also had dealings with the same ecstasy trafficker testified at trial and described the methods used by the dealer. Two, who contended they were customers, described where they would meet to conduct drug transactions with this dealer and testified as to the coded language they used over the telephone when speaking about drug trafficking. The third person stated he was the supplier and indicated he had provided thousands of ecstasy pills to the dealer during the course of this conspiracy.
An FBI agent provided additional testimony as to conversations that took place between the dealer and Vo, Boehning, and Dang about their drug trafficking business.
At the time of their pleas, Phetphongsy and Luangpanh each admitted their involvement in the distribution of significant quantities of ecstasy in and around the Houston area.
The case was the result of a two-year Organized Crime Drug Enforcement Task Force investigation dubbed Operation Iron Hide, led by the FBI and assisted by the Houston Police Department. The case was prosecuted by Assistant United States Attorneys Robert Johnson and Rob Jones.

Friday, May 24, 2013

Charges Filed in Federal Sweep Targeting Chicago Heroin Distribution Network

Seven men and one woman are facing federal drug charges in connection with an investigation dubbed Operation Heroin Hotline that targeted heroin trafficking on Chicago’s near west side. The charges and the arrests of five of the defendants were announced today by Cory B. Nelson, Special Agent in Charge of the Chicago office of the Federal Bureau of Investigation (FBI); Gary S. Shapiro, United States Attorney for the Northern District of Illinois; and Garry F. McCarthy, Superintendent of the Chicago Police Department (CPD).
The five defendants taken into custody were arrested without incident this morning at various locations in the Chicago area by members of the FBI’s Safe Streets Gang Task Force and CPD officers. One defendant was already in state custody on unrelated charges. Two defendants were not located today and remain at large.
The charges against seven of the defendants were contained in three indictments returned by a federal grand jury earlier this week and unsealed following today’s arrests. Two defendants were charged in separate indictments with one count each of distribution of a controlled substance, a felony offense. Five other defendants were named in a nine-count indictment that included charges of conspiracy to distribute a controlled substance and distribution of a controlled substance.
One defendant was charged in a criminal complaint filed today in U.S. District Court with one count of conspiracy to distribute a controlled substance.
According to court documents previously filed in connection with the case, the defendants allegedly worked together to provide customers with heroin, usually in capsule form, in exchange for cash. The transactions involved customers calling a specific telephone number to place an order for heroin. The customers were then directed to a series of locations in subsequent calls placed to the same telephone number until ultimately meeting face-to-face with an individual who would then provide the heroin to the customers.
The defendants charged by indictment are identified as PIERRE HENDERSON, 36, of 1254 South Washtenaw; his brother ERIC HENDERSON, 34, of 6432 19th Street, Berwyn; ALLEN MCBEATH, 32, of 1326 North Lockwood; ANTHONY BROWN, 27, of 121 North Independence, Rockford; SHRONDA MCDANIEL, 30, of 6432 19th Street; JIMMIE SESSONS, 28, of 1410 South Karlov; and HARVEY DAVIS, 25, of 856 North Tripp. HOWARD WALKER, 27, of 8406 South Marshfield, was charged by complaint.
Two defendants, Anthony Brown and Jimmie Sessons, avoided capture today and are now the subject of a nationwide manhunt. One other defendant, Davis, was already in custody on unrelated state charges.
The investigation leading to the filing of the charges and arrests announced today is part of an ongoing and coordinated effort by local, state, and federal authorities to identify and dismantle the many highly organized drug trafficking organizations operating in and around the Chicago metropolitan area. Operation Heroin Hotline began in 2009 and employed the extensive use of sophisticated physical surveillance techniques as well as the controlled purchase of heroin by undercover officers. The investigation to date has resulted in the seizure of approximately 750 grams of heroin, $21,000, and one vehicle.
Defendants Pierre Henderson, Eric Henderson, McBeath, and McDaniel appeared earlier today before U.S. Magistrate Judge Jeffrey T. Gilbert. McDaniel was released on bond, while the others were ordered held pending their next court appearances, which are scheduled to take place next week. Defendant Walker will appear at 3:00 p.m. today before U.S. Magistrate Judge Susan E. Cox.
If convicted of the charges against him, defendant Davis faces a maximum penalty of 20 years in prison. The other defendants each face a mandatory minimum sentence of five years and a maximum sentence of 40 years in prison and a maximum fine of $5 million.
The Chicago FBI’s Safe Streets Gangs Joint Task Force is composed of FBI special agents and officers from the Chicago Police Department.
Mr. Nelson thanked the River Forest and Forest Park Police Departments for their significant involvement throughout the course of the investigation.
The public is reminded that indictments and complaints are not evidence of guilt and that all defendants in a criminal case are presumed innocent until proven guilty in a court of law.
Editor’s note: Copies of the indictments and criminal complaint filed in this case are available from the Chicago FBI’s press office at (312) 829-1199.

Wednesday, May 22, 2013

Desperado’s Owners and Others Indicted on Racketeering Conspiracy and Drug Charges

LAFAYETTE, LA—United States Attorney Stephanie A. Finley announced today that Desperado’s Cabaret owner James “Jim” Panos, 55, of Broussard, Louisiana, was indicted on May 8, 2013 in a superseding indictment, along with nine others on racketeering conspiracy and drug charges.
James Panos was charged with four counts in the indictment unsealed yesterday. The charges are the result of an investigation of drug trafficking, drug distribution, prostitution, and other illegal activity that took place at Desperado’s Cabaret in Carencro located on Northeast Evangeline Thruway. Panos was charged with racketeering conspiracy, conspiracy to maintain a drug-involved premises, and distribution of controlled substances, possession of a firearm with an obliterated serial number, and possession of a firearm by a prohibited person.
The co-defendants charged with one count of racketeering conspiracy are:
  • Jennifer “Nancy” Panos, 47, of Broussard; and
  • Dipak Vora, 69, of Baton Rouge.
The co-defendants charged with one count of conspiracy to maintain a drug-involved premises and distribution of controlled substances are:
  • Jennifer “Nancy” Panos, 47, of Broussard;
  • Elias “E.J.” White, 52, of Lafayette;
  • Heike Slattery, 41, of Carencro;
  • Crystal Sampy, 51, of Lafayette;
  • Acquila Shanete “Sexy” Latigue, 27, of Lafayette;
  • Gerald Cormier, 43, of Carencro;
  • Tanja Clavier, 28, of Lafayette; and
  • Lydia “Unique” Gauthreaux, 31, of Crowley.
The racketeering conspiracy charge carries penalties of up to 20 years in prison, a fine of not more than twice the gross profits, and three years’ supervised release. The conspiracy to maintain a drug involved premises charge carries penalties of up to 20 or 30 years in prison, fines of up to $500,000 to $2 million, and supervised release of three to six years. James Panos faces five years in prison, a $250,000 fine, and three years of supervised release for the possession of a firearm with an obliterated serial number charge. He also faces 10 years in prison, a $250,000 fine, and three years of supervised release for the possession of a firearm by a prohibited person charge. The defendants are scheduled to appear for arraignment on May 29, 2013.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The U.S. Drug Enforcement Administration, the Federal Bureau of Investigation, the U.S. Department of Homeland Security Investigations, Louisiana State Police, and Lafayette Metro Narcotics investigated the case. Assistant U.S. Attorneys Myers P. Namie and Daniel J. McCoy prosecuted the case.

Tokumba Miller Sentenced for Drug Trafficking

Tokumba Miller, age 35, a resident of Metairie, Louisiana, was sentenced by U.S. District Judge Helen G. Berrigan today to 120 months’ imprisonment for being part of a conspiracy to traffic in heroin, possession with intent to distribute heroin, and of possessing a firearm as a convicted felon, announced U.S.Attorney Dana J. Boente. In addition to the term of imprisonment, Judge Berrigan imposed eight years of supervised release following the term of imprisonment. During the eight-year term the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of his supervised release.
On January 30, 2013, Miller previously entered a guilty plea before Judge Berrigan admitting to making several sales of heroin to confidential sources assisting law enforcement, as well as making several deliveries of heroin to various individuals. Law enforcement later arrested Miller in New Orleans after he appeared to conduct another heroin sale. They then searched his apartment in Metairie and found a small amount of heroin, cutting agents, drug paraphernalia, a machine press, ammunition, and a loaded .32 caliber handgun. Based on Miller’s multiple prior felony convictions, which included convictions for drug offenses in state court, he was prohibited by federal law from possessing a firearm.
This case was investigated by special agents of the Federal Bureau of Investigation, New Orleans Police Department, and Jefferson Parish Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Kevin G. Boitmann.

Tuesday, May 21, 2013

Metro-West Drug Traffickers Charged in Oxycodone Distribution Ring

BOSTON—Fifteen individuals were charged today with conspiracy to distribute Oxycodone.
Charged in a criminal complaint with the drug conspiracy were Michael Bourque, 42, of Natick; Robert Hagenaars, 37, of Waltham; Brian Chisholm, 44, of Newton; Barry Goolst, 52, of Waltham; Phillip Goolst, 49, of Waltham; Thomas Ehwa, 26, of Waltham; Frank McGuire, 42, of Natick; Michael Roy, 32, of Milford; Christopher Yancey, 41, of Natick; Corey Assencoa, 43, of Hopkinton; Sean Cotter, 41, of Acton; Mark Newton, 27, of Hudson; Mark Ouellette, 43, of Shirley; John Kinney, 29, of Woburn; and Raymond Panaggio, 44, of Newton. All were arrested this morning.
According to the criminal complaint affidavit, a court-authorized wiretap was utilized to intercept communication between the defendants over the course of approximately four months. It is alleged that Bourque, the owner and operator of DEX Corporation, a shipping company located in Natick, used DEX Corporation as a front for his drug trafficking operations. The criminal complaint affidavit details Bourque’s distribution of thousands of oxycodone (Percocet) pills to both re-distributors and drug customers. Bourque is alleged to have acquired oxycodone from multiple sources of narcotics supply and utilized Yancey, Phillip Goolst, Barry Goolst, and McGuire, among others, as “runners” to distribute pills and collect drug proceeds.
On March 29, 2013, it is alleged that Ouellette and Cotter distributed 700 oxycodone pills to Bourque. In a search of Ouellette’s home, law enforcement recovered 1,500 to 2,000 pills of suspected oxycodone, over $30,000 in cash, and a loaded firearm.
According to court documents, from at least February 2011 through April 2013, Bourque, Hagenaars, Chisholm, Barry Goolst, Phillip Goolst, Ehwa, McGuire, Roy, Yancey, Assencoa, Cotter, Newton, Ouellette, Kinney, and Panaggio purchased, sold, and/or distributed wholesale quantities of Oxycodone.
“The U.S. Attorney’s Office is committed to working alongside our law enforcement partners to investigate and prosecute those who wreak havoc in Massachusetts cities and towns through the distribution and sale of illegal drugs,” said United States Attorney Carmen M. Ortiz. “We will continue to keep a vigilant eye over the communities and neighborhoods that we serve in an effort to ensure the highest degree of safety and quality of life for all residents. This investigation exemplifies the commitment and cooperation between all levels of law enforcement which strive, above all else, to protect their communities from crime and those that perpetrate illegal activities.”
“With these arrests today, we hope to send a strong message that trafficking and distributing prescription pain medication will not be tolerated, and we will utilize the full breadth of our law enforcement resources to bare. We are committed to identifying, investigating, arresting, prosecuting, and sending to prison those responsible for this illegal drug trafficking,” said Special Agent in Charge Arvanitis. “This case highlights the strengths of our law enforcement partnerships and the dedication of the men and women who participated in the investigation.”
The charge of conspiracy to distribute oxycodone carries a statutory maximum penalty of 20 years in prison, a lifetime of supervised release, and a $1 million fine.
U.S. Attorney Ortiz; John J. Arvanitis, SAC of the Drug Enforcement Administration, Boston Field Division; and Middlesex County District Attorney Marian T. Ryan, made the announcement today.
The case was investigated by DEA Boston; Federal Bureau of Investigation (Boston); Homeland Security Investigations (Boston); Internal Revenue Service (Boston); Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Police Departments of Framingham, Waltham, Millis, Natick, Newton, Lexington, Arlington, Holliston, Boston, Stoughton, Haverhill, Shirley, Hopkinton, Watertown, Braintree, Woburn, Acton, and Milford; Massachusetts State Police; Metropolitan Law Enforcement Council (MetroLEC); and Butte (California) Interagency Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorneys Neil J. Gallagher and Michael I. Yoon of Ortiz’s Organized Crime Drug Enforcement Task Force.
The details contained in complaint affidavit are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Leader of Cape Cod Cocaine and Heroin Ring Sentenced to 25 Years in Prison

BOSTON—One of the leaders of a drug trafficking organization operating on Cape Cod was sentenced today to serve 25 years in federal prison.
Kelvin Frye, a/k/a Kelvin Andrews, a/k/a Brian Wright, a/k/a Cool Kel, a/k/a Cool Cal, 29, of East Wareham, was sentenced to 25 years in prison by U.S. District Judge Nathaniel M. Gorton. Frye, along with Russell Rose, a/k/a Double R, a/k/a Baby Russell, 31, of Randolph, was convicted in December by a jury of participating in a longstanding, entrenched conspiracy to distribute cocaine and heroin in Falmouth, Mashpee, Bourne, and the surrounding areas on Cape Cod. Fifteen members of the conspiracy were convicted in federal court; a 16th member of the conspiracy died while awaiting trial.
From 2008 through 2010, Frye and Rose were the leaders of an organization responsible for distributing large quantities of cocaine and heroin on Cape Cod. In March 2008, agents began investigating members of the organization and intercepted telephone calls to and from seven cellular telephones used by members of the organization. Agents determined that Frye and Rose were the leaders of the organization, that they had various sources of supply for cocaine and heroin, and that they directed others to distribute the drugs for them. During the investigation, agents seized approximately two kilograms of cocaine and more than 300 grams of heroin. Additionally, the organization had been provided access to empty units at a vacation resort in Falmouth, where they stored and processed drugs and firearms.
Frye was responsible for the distribution of at least 14 kilograms of cocaine, along with nearly a kilogram of heroin. Furthermore, Frye, with assistance from other members of the conspiracy, had attempted to smuggle heroin to Anthony Vaughn, a member of the organization who was serving a federal prison sentence in Pollack, Louisiana, for a prior federal drug trafficking conviction. Frye had previously been sentenced to seven months in federal prison for conspiring to smuggle marijuana to Vaughn while Vaughn was incarcerated. Frye was also previously sentenced to 15 months in prison for a state conviction for assault and battery with a dangerous weapon relating to the shooting of a Cape Cod man.
To date, six other members of the conspiracy have been sentenced:
  • Russell Rose, a/k/a Double R, a/k/a Baby Russell, of Randolph was sentenced to 300 months in prison
  • Omay Ford, a/k/a Papa Doc, 42, of Boston was sentenced to 180 months in prison
  • Michael Andrews, 25, of Falmouth was sentenced to 135 months in prison
  • Adalberto Graciani, a/k/a Berto, 39, of Marstons Mills was sentenced to 120 months in prison
  • Kyle Hicks, a/k/a Sleepy, a/k/a Sleep, 31, of Marstons Mills was sentenced to 120 months in prison
  • Jeremy Wobecky, 38, of Falmouth was sentenced to 44 months in prison
United States Attorney Carmen M. Ortiz; Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kevin Niland, Inspector in Charge of the U.S. Postal Inspection Service; John J. Arvantis, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; Cape and Islands District Attorney Michael O’Keefe; Chief Edward Dunne of the Falmouth Police Department; Chief Rodney Collins of the Mashpee Police Department; Chief Dennis R. Woodside of the Bourne Police Department; Chief Brian E. Stewart of the Scituate Police Department; Chief Russell Jenkins of the Braintree Police Department; Chief Paul MacDonald of the Barnstable Police Department; Sheriff James M. Cummings of Barnstable County; and Sheriff Joseph D. McDonald, Jr. of Plymouth County made the announcement today.
The case is being prosecuted by Assistant United States Attorneys David J. D’Addio and James E. Arnold of Ortiz’s Organized Crime and Drug Enforcement Task Force.

Former Highland Park Police Officer Pleads Guilty to Extortion Conspiracy to Protect a Cocaine Shipment

A Highland Park police officer pleaded guilty today to conspiring with three other police officers to commit extortion and protect a shipment of cocaine, U.S. Attorney Barbara L. McQuade announced today.
McQuade was joined in the announcement by FBI Special Agent in Charge Robert D. Foley, III.
During a hearing before U.S. District Judge Avern Cohn, Shawn Williams, 33, of Detroit, Michigan, admitted that in late 2012 and early 2013, he agreed with three other Highland Park police officers to take money in exchange for protecting a shipment of cocaine. Williams admitted that on January 23, 2013, he protected two cars containing what he believed to be a total of four kilograms of cocaine. Williams brought his police badge and gun to protect the shipment. Two other Highland Park police officers drove the cars containing what they believed to be cocaine. Later, Williams accepted $1,000 in cash from an FBI informant for his work in delivering and protecting the drug shipment.
United States Attorney McQuade said, “Police officers who take bribes have no place in law enforcement. They will be prosecuted for violating their duties to serve the public.”
FBI Special Agent in Charge Foley stated, “Police officers who swear an oath to serve and protect are held to the highest standards of ethics and integrity. The FBI is committed to ensuring those standards are maintained, and in cases of abuse, will pursue and prosecute those responsible.”
Based on his guilty plea and felony conviction for conspiring to commit extortion, Clayton is facing a maximum of 20 years in prison and a fine of up to $250,000.
The case was investigated by agents of the FBI. It is being prosecuted by Assistant United States Attorney David A. Gardey.

Monday, May 20, 2013

Cold Spring Man Sentenced for Possessing Methamphetamine and Being an Illegal Alien with a Firearm

MINNEAPOLIS—Yesterday in federal court in Duluth, a 37-year-old Cold Spring man was sentenced for possessing methamphetamine with the intent to distribute it and for being an illegal alien in possession of a firearm. On April 30, 2013, United States District Court Chief Judge Michael J. Davis sentenced Tomas Hermosillo Marquez to 120 months in federal prison on one count of possession with intent to distribute methamphetamine and one count of possession of a firearm by an illegal alien. Marquez was indicted on October 15, 2012, and pleaded guilty on December 13, 2012.
In his plea agreement, Marquez acknowledged that on September 21, 2012, police officers found several packages of methamphetamine, totaling approximately 900 grams, in his trailer house in Cold Spring, Minnesota. The discovery was made while the officers were executing an early morning state search warrant. The police also found a .22-caliber revolver, ammunition, a digital scale, packaging materials, and $4,615 in cash. In addition, the police recovered MSM and inositol, common cutting agents for methamphetamine. Marquez subsequently acknowledged that he had intended to distribute the methamphetamine to another person; that he possessed the gun in connection to his drug trafficking activities; and that he was an illegal alien.
This case was the result of an investigation by the Central Minnesota Violent Offender Task Force and the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Thomas M. Hollenhorst. To learn more about the harmful effects of methamphetamine, visit http://www.justice.gov/dea/concern/meth.html.

Martin Man Sentenced for Conspiracy to Distribute a Controlled Substance

United States Attorney Brendan V. Johnson announced that a Martin man convicted of conspiracy to distribute a controlled substance was sentenced on April 16, 2013, by Chief U.S. District Judge Jeffrey L. Viken. Grover Lee Horned Antelope, age 40, was sentenced to 60 months’ imprisonment, four years’ supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
In October 2008, Horned Antelope conspired to distribute one pound of marijuana on the Pine Ridge Indian Reservation. Horned Antelope pleaded guilty to the charge on December 3, 2012.
This case was investigated by the Federal Bureau of Investigation and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Horned Antelope remains in the custody of the U.S. Marshals Service.

Kyle Woman Pleads Guilty to Conspiracy to Distribute Marijuana

United States Attorney Brendan V. Johnson announced that Stephanie Standing Soldier, age 37, of Kyle, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on April 30, 2013, and pleaded guilty to conspiracy to distribute a controlled substance. The magistrate judge is expected to recommend Standing Soldier’s plea be accepted by the District Court. The penalty upon conviction is a minimum of five years up to 40 years’ imprisonment and/or a $5,000,000 fine.
The charge relates to Standing Soldier conspiring with others to distribute at least 100 kilograms or more of marijuana in South Dakota between 2008 and 2012. The investigation was conducted by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, and the Bureau of Indian Affairs-Office of Justice Services. The case is being prosecuted by Assistant United States Attorney Ted L. McBride.
The defendant was released on bond pending acceptance of this plea and sentencing.

Martin Woman Sentenced for Distribution of Morphine

United States Attorney Brendan V. Johnson announced that a Martin woman convicted of distribution of a controlled substance was sentenced on April 29, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. Tillie Dawn Dubray, age 43, was sentenced to one year of probation, a $250 fine, and a $100 special assessment to the Federal Crime Victims Fund.
On January 31, 2012, Dubray illegally distributed morphine in Martin, South Dakota. Dubray pleaded guilty to the charge on November 29, 2012.
This case was investigated by the Bureau of Indian Affairs-Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Federal Bureau of Investigation. Assistant U.S. Attorney Ted L. McBride prosecuted the case.

Friday, May 17, 2013

Lincoln Woman Charged with Conspiracy to Distribute Methamphetamine

United States Attorney Deborah R. Gilg announced that on May 1, 2013, an indictment was unsealed charging Bobbie Elaine Parker, 34, of Lincoln, with conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine between March 2010 and December 2012.
The conspiracy charge carries a possible penalty of not less than 10 years nor more than life in prison; a fine of up to $10 million; and a term of supervised release following the prison term of not less than five years.
Parker appeared in federal court in Lincoln on May 1, 2013, and was ordered held without bond. Trial is scheduled to begin on June 25, 2013.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff’s Department, the Federal Bureau of Investigation (FBI), and the University of Nebraska-Lincoln Police Department.

Lincoln Man Sentenced for Conspiracy to Distribute Cocaine, Crack Cocaine, and Marijuana

United States Attorney Deborah R. Gilg announced that on May 6, 2013, Brandon Terrell Davis, 30, of Lincoln, was sentenced to five years in prison for conspiracy to distribute powder cocaine; cocaine base, also known as crack cocaine; and marijuana between January 2007 and May 2012. Following the prison term, Davis will serve four years on supervised release. Davis will also forfeit $2,767 in cash to the United States.
Information provided to law enforcement indicated that between January 2007 and May 2012, Davis was responsible for the distribution of at least 500 grams of cocaine, at least 28 grams of cocaine base, (also known as crack cocaine), and a small amount of marijuana. In April 2008, Davis was contacted on a loud party complaint and was found in possession of small amounts of cocaine and marijuana. In May 2012, a search warrant was served at Davis’s Lincoln apartment. During the search of the apartment and searches of Davis and his co-defendant, Lafayette Dorsey, officers found more than 88 grams (approximately three ounces) of powder cocaine, a small amount of marijuana, digital scales, packaging materials, and a total of $2,767 in cash. Dorsey also pled guilty to the conspiracy charge and was sentenced in March 2013 to five years in prison.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff’s Department, the Federal Bureau of Investigation (FBI), and the University of Nebraska-Lincoln Police Department

Operation Blue Storm Selected as National Organized Crime Drug Enforcement Task Force Most Outstanding Regional Drug Trafficking Case of 2012

United States Attorney for the District of Nebraska Deborah R. Gilg announces that Operation Blue Storm was selected as the National Organized Crime Drug Enforcement Task Force (OCDETF) most outstanding regional drug trafficking case for 2012. An awards ceremony was held today at the United States Attorney’s Office honoring the investigators and prosecutors involved in this case. The cooperative efforts of these individuals made the Operation Blue Storm OCDETF case such a resounding success. The award recipient agencies involved in the case included 25 investigators and prosecutors from the following agencies:
  • Bellevue Police Department
  • Federal Bureau of Investigation
  • Internal Revenue Service
  • Omaha Police Department
  • Peoria (Arizona) Police Department
  • United States Attorney’s Office—District of Nebraska
In addition to these represented agencies in attendance, Associate Deputy Attorney General Jim Dinan, Director of OCDETF, joined the ceremony via video conference, and IRS SAC Sybil Smith and ASAC Tanya Brewer from St. Louis were in attendance, along with Sam Bertolet, the OCDETF regional coordinator.
The OCDETF program was established in 1982 as a multi-agency, nationwide effort to pursue intelligence-driven, coordinated multi-jurisdictional investigations of criminal organizations trafficking drugs and laundering the illicit proceeds of crime. The OCDETF Program forms the centerpiece of the DOJ counter-narcotics strategy and is also the platform through which the Department of Homeland Security and Department of Treasury pursue complex drug and drug-related money laundering investigations. Through the OCDETF Program, these three executive departments use prosecutor-led, multi-agency task forces to combat high-priority national and international organized criminal organizations.
The investigation and prosecution resulted in the dismantlement of a multi-state marijuana trafficking enterprise, headed up by Shannon Williams, and his associates, many of whom were members of a well-known street gang, the South Family Bloods. The enterprise was responsible for the transportation and distribution of nearly 16,000 pounds of marijuana with a street value of approximately $7.75 million. The trafficking operation occurred primarily between Arizona and Omaha. The Nebraska case resulted in the indictment and conviction of 15 individuals and the seizure of property valued at nearly $600,000. It led to another investigation in Arizona targeting the suppliers, which resulted in the indictment of 11 additional individuals. The suppliers were directly linked to the Sinaloa Mexican Cartel. This investigation required an incredible amount of coordination and orchestration by federal prosecutors. The investigation coordination and cooperation was outstanding from a number of local, state, and federal law enforcement officers across the country that dismantled a very lucrative criminal drug enterprise linked to the most powerful drug cartel in the world.
At the ceremony, United States Attorney Deborah R. Gilg commented, “The outstanding work done by this collaboration of federal, state, and local law enforcement agencies disrupted a major tentacle of the Sinaloa Mexican Cartel to the Midwestern region. This demonstrates law enforcement teamwork at its best.”

Lincoln Man Sentenced for Conspiracy to Distribute Methamphetamine

United States Attorney Deborah R. Gilg announced that on May 10, 2013, Rene Antonio Ramos Rodriguez, Sr., age 41 of Lincoln, was sentenced to 11 years and three months (135 months) in prison for conspiracy to distribute methamphetamine between February 2011 and December 2011. Following the prison term, Rodriguez will serve five years on supervised release. Rodriguez will also forfeit $7,644 in cash to the United States.
Information provided to law enforcement indicated that between February and December 2011, Rodriguez was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine. In June of 2011, a search warrant was executed at Rodriguez’s Lincoln residence. During the search, officers found approximately 1/2 ounce of methamphetamine, three firearms, and a total of $7,644 in cash. In July 2011, an undercover Nebraska State Patrol investigator and a confidential informant working with the State Patrol purchased approximately 1/8 ounce of methamphetamine from Rodriguez in Lincoln.
The matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, which includes officers of the Lincoln Police Department, the Lancaster County Sheriff’s Department, the Federal Bureau of Investigation (FBI), the University of Nebraska-Lincoln Police Department, and by the Nebraska State Patrol.

Thursday, May 16, 2013

Twenty-Nine Facing Federal Drug Trafficking Charges Based on a Multi-Agency Investigation in DoƱa Ana County

ALBUQUERQUE—Twenty-nine residents of DoƱa Ana County, New Mexico, and El Paso County, Texas, including 22 who were arrested this morning, are facing federal drug trafficking charges as the result of a multi-agency investigation. The charges and arrests were announced by U.S. Attorney Kenneth J. Gonzales; Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI; Scott A. Luck, Chief Patrol Agent of the El Paso Sector of the U.S. Border Patrol; Chief Robert Shilling of the New Mexico State Police; DoƱa Ana County Sheriff Todd Garrison; and Las Cruces Police Chief Richard Williams.
The defendants are charged in 13 criminal complaints with distributing cocaine, heroin, methamphetamine, and marijuana in and around southern DoƱa Ana County. One of the defendants also is charged with illegally entering the United States after having been deported and another is charged with being a felon in possession of firearms. The criminal complaints, which were filed under seal on April 29, 2013 and May 6, 2013, were unsealed following an early morning law enforcement operation. Five of the defendants have yet to be arrested and are considered fugitives. Two others are in state custody on other charges and will be transferred to federal custody to face the charges in the complaints. The defendants arrested today are scheduled to make their initial appearances in federal court in Las Cruces on Friday morning.
Of the 29 defendants charged, 17 are residents of Anthony, New Mexico, and four are residents of Anthony, Texas. The eight remaining defendants reside in the following communities: two in Berino, New Mexico; two in Las Cruces, New Mexico; two in Canutillo, Texas; one in Los Lunas, New Mexico; and one in Vado, New Mexico.
In announcing the charges and today’s arrests, U.S. Attorney Kenneth J. Gonzales commended the cooperative efforts of the federal, state, and local law enforcement and said, “Today, we embarked on a coordinated effort to crackdown on drug trafficking in DoƱa Ana County and improve the quality of life for people who live there. These arrests are part of our statewide fight against drugs and the cycle of violence that goes hand in hand with drug trafficking. The federal law enforcement community remains committed to working with its state and local partners to safeguard families throughout New Mexico.”
“The safety and security of our communities is the FBI’s highest priority,” said Carol K.O. Lee Special Agent in Charge of the Albuquerque Division of the FBI. “The scope of today’s successful law enforcement operation demonstrates the commitment of a dedicated team of federal, state and local agencies to ridding our streets of violent drug traffickers. I want to thank the FBI Special Agents, U.S. Attorney’s Office, U.S. Border Patrol, FBI Southern New Mexico Gang Task Force, Las Cruces-Dona Ana Metro Narcotics Agency, DoƱa Ana County Sheriff’s Office, and our other partners who worked effectively together to make this day possible.”
“We have always enjoyed a strong working relationship with local law enforcement counterparts in New Mexico, and that is a big part of the success that we are seeing in cases like this,” stated Scott A. Luck, Chief Patrol Agent of the El Paso Sector of the U.S. Border Patrol. “We will continue to dedicate the necessary resources and to work jointly toward the dismantling of criminal elements.”
The charges against the 30 defendants are the result of an intensive four-month multi-agency investigation led by the FBI’s Las Cruces Cross-Border Drug Violence Hybrid Squad and Southern New Mexico Gang Task Force that targeted known drug dealers in southern DoƱa Ana County. The U.S. Border Patrol and the Las Cruces- DoƱa Ana County Metro Narcotics Agency, which is composed of officers from the New Mexico State Police, the DoƱa Ana County Sheriff’s Office, and the Las Cruces Police Department, participated in the investigation, which was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
During the course of the investigation, officers oversaw approximately 40 covert drug buys and the purchase of five firearms from the defendants. This morning, teams of federal, state, county, and local law enforcement officers participated in an enforcement operation that included the execution of six federal search warrants at residences in Anthony, New Mexico.
“Regarding the constant war against drugs, the New Mexico State Police will always be in the forefront assisting the U.S. federal agencies with this fight,” said Chief Robert Shilling of the New Mexico State Police. “Operations like this target the violence associated with this epidemic and create halcyon living conditions in our communities.”
“The protection of everyone in DoƱa Ana County is the primary function of the DoƱa Ana County Sheriff’s Department,” said DoƱa Ana County Sheriff Todd Garrison. “This morning we were part of a multi-agency operation that concentrated on the community of Anthony, New Mexico, using every piece of intelligence and surveillance available to this department. Working together on a larger scale such as this operation, the efforts of federal, state, and local law enforcement resulted in safer streets for the residents in Anthony. Today was a flawlessly executed example of that.”
“The use and distribution of illicit drugs in our community is a public safety issue and the Las Cruces Police Department is pleased to work alongside federal and regional law enforcement agencies in trying to eliminate this illegal activity,” said Las Cruces Police Chief Richard Williams.
These cases are being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport, Shaheen P. Torgoley, and Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office. They were investigated by the FBI’s Las Cruces Cross-Border Drug Violence Hybrid Squad and the Southern New Mexico Gang Task Force, the U.S. Border Patrol, the New Mexico State Police, the Dona DoƱa County Sheriff’s Office, the Las Cruces-DoƱa Ana County Metro Narcotics Agency, and the Las Cruces Police Department. The U.S. Marshals Service, the SWAT and other tactical units from the El Paso and Phoenix Divisions of the FBI, and the New Mexico State Police assisted in today’s law enforcement operation.
Summaries of Criminal Complaints
Criminal complaint 13-MJ-1430 charges Jose Alvarez, 27, of Anthony, New Mexico, and Angel Herrera, 31, of Berino, New Mexico, with conspiracy to distribute heroin. If convicted, Alvarez and Herrera each face a maximum penalty of 20 years in prison. Alvarez was arrested today.
Criminal complaint 13-MJ-1431 charges Angel Torres, 44, of Anthony, Texas, with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Torres faces a mandatory minimum five years and a maximum of 40 years in prison. Torres was arrested today.
Criminal complaint 13-MJ-1432 charges Rudy Portillo, 54, and Isaiah Portillo, 19, both of Anthony, New Mexico, and Victor Leos, 53, of Anthony, Texas, with conspiracy to distribute heroin. If convicted, Rudy Portillo, Isaiah Portillo, and Leos each face a maximum penalty of 20 years in prison. Isaiah Portillo and Leos were arrested today. Rudy Portillo has yet to be arrested and is considered a fugitive.
Criminal complaint 13-MJ-1433 charges Daniel Arrieta, 37, of Anthony, New Mexico, with conspiracy to distribute heroin. If convicted, Arrieta faces a maximum penalty of 20 years in prison. Arrieta has yet to be arrested and is considered a fugitive.
Criminal complaint 13-MJ-1434 charges Noe Perez-Rodriguez, 46, of Berino, New Mexico, and Larry Valles, Sr., 50, of Los Lunas, New Mexico, with conspiracy to distribute methamphetamine, distribution of methamphetamine, and distribution of cocaine. If convicted, Perez-Rodriguez and Valles each face a mandatory minimum five years and a maximum of 40 years in prison. Perez-Rodriguez also is charged with illegally entering into the United States after having been previously deported. If convicted of the immigration charge, Perez-Rodriguez faces a maximum of 20 years in prison. Perez-Rodriguez and Valles were arrested today.
Criminal complaint 13-MJ-1435 charges Michael Vega, 25, and Raul Martinez, 25, both of Anthony, New Mexico, with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Vega and Martinez each face a maximum penalty of 20 years in prison. Martinez was arrested today. Vega is in state custody on other charges and will be transferred to federal custody to face the charges in the complaint.
Criminal complaint 13-MJ-1436 charges John Eric Sapien, 25, of Anthony, New Mexico, with distribution of cocaine. If convicted, Sapien faces a maximum penalty of 20 years in prison. Sapien is in state custody on other charges and will be transferred to federal custody to face the charges in the complaint.
Criminal complaint 13-MJ-1437 charges Gerardo Garcia, 63, of Vado, New Mexico, and Jose Salcido, 51, of Anthony, New Mexico, with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Garcia and Salcido each face a maximum penalty of 20 years in prison. Salcido was arrested today. Garcia has yet to be arrested and is considered a fugitive.
Criminal complaint 13-MJ-1438 charges Abel Romero, 29, of Anthony, New Mexico; Benjamin Ochoa, 30, of Las Cruces, New Mexico; Victor Alvarez, 43, of Las Cruces, New Mexico; Victor Cano, 30, of Anthony, New Mexico; and Jaime Cano, 29, of Canutillo, Texas, with conspiracy to distribute cocaine and marijuana and distribution of cocaine and marijuana. If convicted, each of the five defendants faces a mandatory minimum five years and a maximum of 40 years in prison. The complaint also charges Romero with being a felon in possession of a firearm. If convicted of the firearm charge, Romero faces a maximum penalty of 10 years in prison. Romero, Ochoa, and Victor and Jaime Cano were arrested today. Alvarez has yet to be arrested and is considered a fugitive.
Criminal complaint 13-MJ-1439 charges Eloy Rios-Montoya, 39, and Joey Martinez, 28, both of Anthony, Texas, and Sergio Cesar Reyes, 37, of Anthony, New Mexico, with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Rios-Montoya, Reyes and Martinez each face a maximum penalty of 20 years in prison. Rios-Montoya, Martinez, and Reyes were arrested today.
Criminal complaint 13-MJ-1440 charges Javier Castruita, 45; Gloria Portillo Valdivia, 50; and Carlos Alberto Valdivia, 55, all of Anthony, New Mexico, with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Castruita, Portillo Valdivi,a and Valdivia each face a maximum penalty of 20 years in prison. Castruita, Portillo Valdivia, and Valdivia were arrested today.
Criminal complaint 13-MJ-1441 charges Jesus M. Baeza-Lascano, 44, and Martin Nevarez, 49, both of Anthony, New Mexico, with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Baeza-Lascano and Nevarez each face a maximum penalty of 20 years in prison. Baeza-Lascano was arrested today. Nevarez has yet to be arrested and is considered a fugitive.
Criminal complaint 13-MJ-1559 charges Roberto Andres Urquidi, 33, of Canutillo, Texas, and Freddy Sanchez-Ramirez, 55 of Anthony, New Mexico, with conspiracy to distribute heroin. If convicted, Urquidi and Sanchez-Ramirez each face a maximum penalty of 20 years in prison. Urquidi and Sanchez-Ramirez were arrested today.
Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

Last of Nine Defendants Charged with Participation in Anthony Drug Trafficking Ring Sentenced

ALBUQUERQUE—In January 2012, the owners and operators of a pecan farm in Anthony, New Mexico, their two sons, and four others were arrested on a 24-count indictment alleging federal drug trafficking and money laundering offenses. A ninth defendant, who was separately charged, also was arrested. By August 2012, all nine defendants had pleaded guilty either to drug trafficking or money laundering charges or both. Today, the case concluded with the sentencing of Sandra L. Portillo.
The successful conclusion of these cases was announced by U.S. Attorney Kenneth J. Gonzales, Joseph M. Arabit; Special Agent in Charge of the El Paso Division of the DEA; Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI; and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS-Criminal Investigation.
The individuals charged in the indictment included Oscar L. Portillo, Sr., 55, and his wife Sandra L. Portillo, 52, who were part owners and operators of “Pettit Farms and Nursery,” a pecan farm and nursery in Anthony (the pecan farm), and their sons, Matthew Portillo, 27, and Oscar Portillo, Jr., 30. Also charged were Cesar Ramos, 33; Fernando A. Ramos, 41; and Ruben Ortiz-Rivera, 48, of El Paso, Texas; and Natasha N. Coronado, 24, of Vinton, Texas. April Garcia, 37, a codes enforcement officer employed by the Horizon City (Texas) Police Department, was charged with money laundering in a criminal complaint.
Count one of the indictment charged all eight defendants with conspiracy to distribute cocaine and heroin. Count two  charged certain defendants with maintaining a place for storing and distributing drugs. Counts three, five, nine, and 21 charged certain defendants with distributing cocaine and aiding and abetting the distribution of cocaine. Count 11 charged certain defendants with conspiracy to launder money, and counts four, six, seven, eight, 10, 12, 13, 14, 16, 22, and 23 charged certain defendants with money laundering. Count 15 charged certain defendants with distribution of heroin. Counts 17, 18, 19 and 20 charged certain defendants with using communication devises to further the commission of drug trafficking crimes. Count 24 charged certain defendants with possession of cocaine with intent to distribute.
During their respective plea hearings, the defendants admitted conspiring to distribute cocaine and heroin in Dona Ana County, New Mexico, between September 2011 and January 2012. Oscar L. Portillo, Sr. and Sandra L. Portillo used the pecan farm as a place to store and sell drugs, and the Portillos and their sons sold drugs to an undercover agent on five separate occasions. The Portillos laundered the proceeds from some of these drug deals by (i) asking the undercover agent pay for the drugs with money orders which they subsequently cashed and deposited into bank accounts in the name of the pecan farm and (ii) providing the agent with invoices that falsely asserted that the agent purchased pecan trees. Cesar Ramos and Fernando Ramos and their subordinate, Ruben Ortiz-Rivera, were the sources of drug supply for the Portillo family.
Oscar L. Portillo, Sr. was charged in counts one through 16 and 21 through 24 of the indictment. Portillo pleaded guilty to each of these counts in August 2012 and was sentenced to 98 months in prison, followed by four years of supervised release on May 8, 2013.
Sandra L. Portillo was charged in counts one, two, 10 through 14, and 18 of the indictment. Portillo pled guilty to each of these counts in August 2012. Earlier today, Portillo was sentenced to 15 months in prison, followed by three years of supervised release.
Oscar L. Portillo, Sr. and Sandra L. Portillo also were ordered to forfeit $135,735.64, the value of their ownership interest in the pecan farm which was sold after they were arrested. The court also entered a money judgment in the amount of $17,900 against the Portillos and their son Matthew Portillo.
Matthew Portillo was charged in counts one, three, four, five, six, 17, 18, 20, and 24 of the indictment. Portillo pled guilty to each of these counts in August 2012 and was sentenced on May 8, 2013, to five years in prison followed by four years of supervised release.
Oscar Portillo, Jr. was charged in counts one, 17, 22, and 23 of the indictment. In May 2012, Portillo pleaded guilty to count 23 of the indictment, and on September 26, 2012, he was sentenced to 15 months in prison, followed by three years of supervised release.
Cesar Ramos was charged in counts one, three, 15, 16, 19, 21, 22, and 23 of the indictment. In August 2012, Cesar Ramos pleaded guilty to each of these counts, and on March 26, 2013, he was sentenced to 10 years in prison. Ramos is a Mexican national, and he will be deported after he completes his prison sentence.
Fernando Ramos was charged in count one of the indictment. In August 2012, Ramos pleaded guilty to that count, and on January 30, 2013, he was sentenced to 30 months in prison, followed by three years of supervised release.
Natasha N. Coronado was charged in counts one and 20 of the indictment. In May 2012, Coronado pled guilty to those two counts, and on August 24, 2012, she was sentenced to time served (212 days), followed by three years of supervised release.
Ruben Ortiz-Rivera was charged in counts one and 19 of the indictment. In May 2012, Ortiz-Rivera pled guilty to those two counts, and on April 17, 2013, he was sentenced to 15 months in prison. Ortiz-Rivera is a Mexican national, and he will be deported after he completes his prison sentence.
In May 2012, April Garcia pleaded guilty to a felony information charging her with conspiracy to launder money. On February 12, 2013, Garcia was sentenced to a one-year term of probation.
The cases were prosecuted by Assistant U.S. Attorneys Renee L. Camacho and Sarah M. Davenport and were investigated by DEA, IRS-Criminal Investigation, and FBI, with support from the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the New Mexico State Police; the Las Cruces Police Department; the El Paso County Sheriff’s Office; and the Las Cruces Metro Narcotics Task Force. These cases were the result of a multi-agency investigation brought under the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

Englishtown Pharmacy Burgular Admits Conspiracy to Sell Stolen Oxycodone

TRENTON, NJ—A Brooklyn, New York man admitted today to his involvement in a plot to burglarize a pharmacy in Englishtown, New Jersey, and sell stolen narcotics for cash, U.S. Attorney Paul J. Fishman announced.
James Zarbailov, 22, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to an information charging him with one count of conspiracy to distribute and possess with intent to distribute oxycodone.
According to documents filed in this case and statements made in court:
The Union Hill-Supremo Pharmacy in Englishtown was burglarized shortly after 4:00 a.m. on June 17, 2012. Zarbailov and his fellow conspirators filled 17 garbage bags and two cardboard boxes with merchandise from the pharmacy, including approximately 1,988 dosage units of methylphenidate, 500 dosage units of hydromorphone, 300 dosage units of Opana (a trade name for oxymorphone), and 3,800 dosage units of oxycodone—all Schedule II controlled substances.
The stock lost by the pharmacy was valued at approximately $350,000.
During today’s proceeding, Zarbailov admitted that he stole the drugs and that he did so knowing they would be sold for profit.
The conspiracy to distribute oxycodone charge to which Zarbailov pleaded guilty carries a maximum potential penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for August 22, 2013.
U.S. Attorney Fishman credited special agents of the FBI’s Red Bank Resident Agency, under the direction of Special Agent in Charge Aaron T. Ford in Newark, and law enforcement officers from the Marlboro Township Police Department, under the direction of Police Chief Bruce E. Hall, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jennifer Davenport of the U.S. Attorney’s Office Criminal Division in Trenton.

Wednesday, May 15, 2013

Buffalo Man Sentenced in Heroin Conspiracy

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Jay Vellon, 40, of Buffalo, New York, who was convicted of conspiracy to possess with the intent to distribute, and to distribute, heroin, was sentenced to 100 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Robert C. Moscati, who handled the case, stated that between June 2008 and February 2010, Vellon conspired with others to distribute heroin in the Buffalo area. The defendant was charged, along with 26 others, in March 2010 following a joint federal, state, and local takedown at Rick’s Tally Ho in Cheektowaga and 24K Solid Gold in Hamburg. To date, 26 defendants have been convicted. Assistant U.S. Attorney George C. Burgasser was also involved in the prosecution of this case.
The sentencing is the culmination of an investigation on the part of special agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.

Tuesday, May 14, 2013

Four Caught in Undercover Operation Targeting Trafficking in Sacramento County

SACRAMENTO, CA—A federal grand jury returned an indictment today charging four defendants with drug trafficking, announced United States Attorney Benjamin B. Wagner and Drug Enforcement Administration Acting Special Agent in Charge Bruce Balzano.
According to the indictment, Miguel Angel Flores-Mendez, aka Migue, aka Miguel, 22, of Mexico; Luis Fernando Vasquez-Morales, aka Luis Fernando Morales, 27, of Mexico; Joshua Avila, aka Scarface, 36, of Sacramento; and Salvador Padilla, 33, of Sacramento, were charged with conspiracy to distribute and to possess with intent to distribute methamphetamine; distribution of methamphetamine; possession of methamphetamine with intent to distribute; and unlawful use of a communication facility.
This case is the product of a nine-month undercover investigation by the Drug Enforcement Administration, Sacramento HIDTA (High Intensity Drug Trafficking Area) Task Force, Federal Bureau of Investigation, Sacramento County Sheriff’s Department, Sacramento Police Department, Folsom Police Department, Elk Grove Police Department, Merced HIDTA task force, and San Jose Police Department. Assistant United States Attorney Jill Thomas is prosecuting the case.
“Partnership with the Sacramento County Sheriff’s Office was key to the success of this investigation. This case exemplifies the results that can be achieved through the collaboration of local, state, and federal law enforcement,” stated Acting Special Agent in Charge Balzano.
If convicted, the defendants face sentences of up to life in prison and a $10 million fine. Any sentence would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.

Anchorage Man Sentenced to 40 Months in Prison in Alaska Drug Conspiracy

ANCHORAGE—U.S. Attorney Karen L. Loeffler announced today that a man from Anchorage, Alaska was sentenced in federal court in Anchorage for his role in an Anchorage and Fairbanks drug conspiracy.
DeMar Moultrie, a/k/a Duckmane, a/k/a All Day, 25, from Anchorage, Alaska, was sentenced yesterday by U.S. District Court Chief Judge Ralph R. Beistline. Moultrie received a sentence of 40 months in prison and three years of supervised release. Moultrie had previously pled guilty to an indictment charging him and his co-conspirators with one count of drug conspiracy.
According to Assistant U.S. Attorney Kelly Cavanaugh, who prosecuted the case, Moultrie was a member of a drug trafficking organization in Anchorage and Fairbanks that between 2009 and February 2012 sold powder cocaine, marijuana, and oxycodone pills in both cities. When Moultrie’s house was searched, law enforcement found cocaine, a stolen firearm, $1,300 in cash, and other items consistent with drug trafficking. Two weeks after a co-conspirator was arrested in connection with several kilograms of cocaine, Moultrie was one of four co-conspirators that left Anchorage on a private flight chartered to Seattle. Moultrie did not return to Alaska until after his arrest in Rochester, New York in August 2012.
Moultrie and other members of the conspiracy attempted to conceal their drug trafficking by claiming they were involved in a legitimate business working as artists, employees, or promoters of an Anchorage recording label and rap and hip hop performance group known as Out Da Cutt or ODC Entertainment and UNDB (Up North ‘D’ or Dope Boys). Members of this conspiracy would record rap and hip hop songs, post videos on Youtube.com, and perform local shows in Anchorage and Fairbanks. Much of their music glorified the lifestyle of selling illegal narcotics and committing other crimes. The lavish and extravagant lifestyle portrayed in their music and videos was supported by their sales of illegal narcotics.
Prior to imposing a sentence, Judge Beistline informed the defendant that the community was tired of drug dealers preying on the weak and vulnerable in the community. Judge Beistline stated that typical citizens do not have stolen firearms and other items consistent with drug trafficking in their homes and do not fly on private chartered flights to Seattle.
Moultrie was indicted along with 13 other members of this conspiracy. Christopher Anderson was previously sentenced to 14 months prison on November 2, 2012. Donnell Johnson, Joshua Mustovich, Mihla Hall, Antonio Fleming, Dalon Johnson, Tevoris Carter, Jeraelyn Hill, Rock Phelps, Jerry Wormley, Emma Shine, and Brent Gunnels have pled guilty to their roles in connection with the conspiracy and await sentencing. Terrance Fleming has a pending trial scheduled in August 2013.
Ms. Loeffler commended the Federal Bureau of Investigation, the Drug Enforcement Administration, the United States Postal Inspection Service, the Internal Revenue Service Criminal Investigation Division, and the Anchorage Police Department for the investigation leading to the successful prosecution of Moultrie.

Friday, May 10, 2013

Beloit Man Sentenced for Distributing Heroin

MADISON, WI—John W. Vaudreuil, United States Attorney for the Western District of Wisconsin, announced that Paris Davis, 27, of Beloit, Wisconsin, was sentenced today by Chief U.S. District Judge William M. Conley to 24 months in federal prison, to be followed by three years of supervised release, for distribution of heroin.
On February 14, 2013, Davis pleaded guilty to a count of heroin delivery that occurred on August 27, 2012.
The charge against Paris Davis was the result of an investigation conducted by the FBI Safe Streets Task Force, which consists of the Beloit Police Department, Rock County Sheriff’s Office, and the Federal Bureau of Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Robert A. Anderson.

Wednesday, May 8, 2013

Buffalo Man Sentenced on Drug Charges

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Jermaine Howard, 38, of Buffalo, New York, who was convicted of using a communication facility (telephone) to facilitate a federal narcotics felony, was sentenced to 77 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Robert C. Moscati, who handled the case, stated that Howard was intercepted during the execution of court-authorized wiretaps discussing and arranging illegal narcotics transactions with co-defendant David Manuel. Howard was arrested along with 19 others and charged with being involved in a multi-kilogram cocaine distribution network between Buffalo, New York, and Houston, Texas. To date, 18 of the 20 defendants have been convicted.
The sentencing is the culmination of an investigation on the part of special agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Acting Special Agent in Charge Richard M. Frankel; the Drug Enforcement Agency, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent in Charge Frank Christiano.

Former North Carolina Probation Officer Sentenced to 17 Months in Prison on Extortion and Drug Trafficking Charges

ASHEVILLE, NC—A former North Carolina probation officer was sentenced on Thursday, April 25, 2013, in U.S. District Court to serve 17 months in prison for extortion and drug trafficking offenses involving persons under his supervision, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina. James David Franklin, 46, of Lenoir, was also sentenced to three years of supervised release following his prison term. U.S. Attorney Tompkins is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Director Gregory McLeod of the North Carolina State Bureau of Investigations (NC SBI).
According to court documents and court proceedings, from April 2001 through July 2010, Franklin, was employed as a surveillance officer by the North Carolina Department of Correction’s Division of Community Corrections (DCC) and supervised probationers on intensive supervision in Burke and Caldwell Counties. According to filed documents, Franklin primarily conducted curfew checks and compliances searches and had arrest power over probationers and parolees. Court records indicate that from in or about July 2009 to in or about July 2010, Franklin used his position on multiple occasions to extort drugs from an individual who had been under Franklin’s supervision (“probationer #2”). Specifically, court records show that Franklin, via text messages and other communications, repeatedly asked probationer #2 to supply him with narcotics, including methamphetamine and hydrocodone.
Court records show that Franklin would arrange to retrieve the narcotics from probationer #2’s driveway in exchange for cash. Law enforcement officers were alerted to Franklin’s conduct when probationer #2 complained to his federal probation officer and to his primary North Carolina probation officer. Subsequently, Franklin was placed on desk duty. While on desk duty, Franklin sent a text message to probationer #2 asking him to sell hydrocodone pills in exchange for a portion of the proceeds from the sale. Specifically, Franklin told probationer #2 he would pay him “three dollars a piece” for 125 hydrocodone pills. According to court records, Franklin was apprehended by law enforcement officers when he went to probationer #2’s house to deliver the hydrocodone pills in exchange for $375 in cash.
In December 2011, Franklin pleaded guilty to one count of extortion under color of official right and one count of possession with intent to distribute hydrocodone. When announcing the sentence, U.S. District Judge Martin Reidinger noted that the sentence imposed was more than minimally required under the Federal Sentencing Guidelines because the defendant was “a person who by reason of his position had taken actions that undermine the integrity of the legal system.”
Franklin has been in custody since April 2011. He will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by the FBI and SBI. The case was prosecuted by Assistant United States Attorney Michael Savage of the U.S. Attorney’s Office in Charlotte.

Tuesday, May 7, 2013

Detroit Man Pleads Guilty in Heroin Trafficking Scheme

JOHNSTOWN, PA—A resident of Detroit, Michigan pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
Chivon Buttrom, 32, pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, from the spring of 2011 to May 15, 2012, Buttrom, along with co-defendants, conspired to distribute and possess with intent to distribute heroin.
Judge Gibson scheduled sentencing for October 23, 2013, at 10:30 a.m. The law provides for a maximum total sentence of 20 years in prison and a fine of $1,000,000 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, if any, of the defendant.
Assistant U.S. Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, the Pennsylvania State Police, and the Indiana Police Department conducted the investigation that led to the prosecution of Buttrom. Other agencies participating in this investigation included the Pennsylvania Attorney General’s Office, the Cambria County Drug Task Force, the Cambria County Sheriff’s Department, the Cambria County District Attorney’s Office, the Indiana County Drug Task Force, and the Indiana County District Attorney’s Office.

Mount Holly Springs Man Pleads Guilty to Distributing Drug That Resulted in Death

The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Mount Holly Springs man pled guilty in United States District Court in Harrisburg Thursday to distributing heroin that resulted in the death of a Carlisle-area man.
According to United States Attorney Peter J. Smith, Derk Roberts, age 29, of Mount Holly Springs, pled guilty before Senior U.S. District Court Judge William W. Caldwell in Harrisburg to a charge of unlawfully distributing heroin in the Cumberland County area during the period of time beginning in January 2010 until February 9, 2011. The heroin distributed by Roberts caused the death of Joshua Michael Hamman, age 27, of Carlisle.
The evidence presented in court established that on February 4, 2011, at approximately 3:25 p.m., a worker at the PPG glass manufacturing facility in South Middleton Township, Cumberland County, found Hamman unconscious on the floor of a bathroom stall in the locker room/bathroom of the plant. Hamman had injected heroin and passed out. Facility staff administered CPR to Hamman until EMS personnel arrived and transported him to the Carlisle Regional Medical Center. Hamman was admitted to the ICU where, on February 8, 2011, Hamman was taken off of life support and subsequently died at 8:15 p.m. that day.
The Pennsylvania State Police and the Federal Bureau of Investigation conducted an investigation that established that Hamman had been in touch with Roberts the morning of February 4, 2011, via cell phone text messages. Hamman was asking the defendant if he could get heroin from Roberts later in the day. During the next few hours, Hamman and Roberts exchanged text messages in which it was discussed that Roberts would be getting heroin in Maryland and would deliver it to Hamman at the PPG facility. At around 2:42 in the afternoon that day, Roberts met Hamman in the PPG parking lot and provided him with several packets of heroin and then left. Hamman went back into work and into the bathroom stall where he injected the heroin and passed out. The autopsy determined that Hamman died as a result of opiate toxicity.
Roberts was later interviewed by agents with the FBI and state police and admitted that he in fact sold Hamman the heroin on February 4, 2011. Roberts admitted that he had been selling heroin for about a year before he sold the heroin that led to Hamman’s death.
Roberts entered into a plea agreement with the United States which, if accepted by the court, requires the court to impose a sentence of no less than six years nor more than eight years’ imprisonment. Roberts also faces a fine of up to $1 million dollars and a supervised release term of no less than three years. A sentencing date has not been scheduled.
The matter was investigated by the Federal Bureau of Investigation, Pennsylvania States Police, and the Cumberland County Drug Task Force.
The case was prosecuted by Assistant United States Attorney William A. Behe who is assigned to the Organized Crime Drug Enforcement Task Force.

Friday, May 3, 2013

Three More Sentenced in Eastern Idaho Meth Trafficking Case

POCATELLO—U.S. Attorney Wendy J. Olson announced today the sentencings of three more members of an Eastern Idaho drug trafficking organization. The defendants appeared this week before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
Ricardo Garcia Lopez, 36, of Idaho Falls, Idaho, was sentenced today to 235 months in prison, followed by five years of supervised release, for conspiracy to possess with intent to distribute in excess of 50 grams of methamphetamine. Lopez was also ordered to forfeit a firearm and pay a $1,000 fine. He pleaded guilty to the charge on December 19, 2012.
On Monday, Alberto Abarca, 23, of Idaho Falls, Idaho, was sentenced to 130 months in prison, followed by five years of supervised release, for possession with intent to distribute methamphetamine. He pleaded guilty to the charge on January 23.
Ana Rosa Valdez-Ceja, 26, of Shelley, Idaho, was sentenced yesterday to two years’ probation for money laundering. She pleaded guilty to the charge on January 23.
According to plea agreements filed in the case, from June 2005 through January 2012, a group of individuals centered around co-defendant Samuel Nevarez-Ayon, a Mexican national, entered into a conspiracy to possess and distribute in excess of 50 grams of actual methamphetamine in the Idaho Falls area. In furtherance of the conspiracy, Nevarez-Ayon directed activities of various co-defendants, including Lopez, Abarca, and Valdez-Ceja. In addition to distributing methamphetamine, several defendants laundered proceeds from the sale of the methamphetamine and made false loan applications to local banks to further the laundering of money. During the course of the conspiracy, the defendants obtained in excess of $500,000 from the distribution of methamphetamine.
In addition to the defendants sentenced this week, four co-defendants were sentenced in March and April to serve federal prison sentences for conspiracy to possess with intent to distribute methamphetamine: Rafael Ignacio Guerrero, a Mexican national, was sentenced to 42 months; Antonio Javier Mendoza, of Shelley, Idaho, to 96 months; Fabiola Esmerelda Marin Castro, a Mexican national, to 36 months; and Daniel Quiroz, a Mexican national, to 78 months. Abel Garcia, of Idaho Falls, Idaho, was sentenced in March 2013 to one month in prison for making a false statement to a bank.
The remaining defendants, Nevarez-Ayon, Juan Ortiz, Jr., Everado Tapia-Torres, Jr., Nicholas Levi Olsen, and Isidoro David Herrera, pleaded guilty to related charges and are awaiting sentencing later this month. Guadalupe Meraz is a fugitive.
The charges are the result of a nine-month investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), which include the Idaho State Police, Bonneville County Sheriff’s Office, Idaho Falls Police Department, Madison County Sheriff’s Office, Rexburg Police Department, Bingham County Sheriff’s Office, Fremont County Sheriff’s Office, Federal Bureau of Investigation (FBI), U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Other federal agencies participating in the OCDETF program include the Drug Enforcement Administration and the U.S. Marshals Service.
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.

Washington, D.C. Doctor Indicted on Prescription Drug Distribution Charges

ABINGDON, VA—A Washington, D.C.-based doctor has been indicted by a federal grand jury sitting in the United States District Court for the Western District of Virginia in Abingdon on allegations of illegally distributing prescription drugs.
The grand jury has charged Alen Johannes Salerian, 65, of Bethesda, Maryland, in a 36-count indictment that was unsealed this afternoon following the defendant’s initial court appearance.
Salerian has been charged with one count of conspiring to distribute OxyContin, oxycodone, methadone, Opana ER, and fentanyl, all Schedule II controlled substances, without a legitimate medical purpose and beyond the bounds of medical practice; and 35 counts of distributing OxyContin, oxycodone, and methadone, all Schedule II controlled substances, without a legitimate medical purpose and beyond the bounds of medical practice.
According to the indictment, between 2001 and 2010, Salerian, a medical doctor, operated the Washington Center for Psychiatry in Washington D.C. In 2010, Salerian renamed his practice The Salerian Center for Neuroscience and Pain.
During the time relevant to this indictment, office fees for pain management patients at the Washington Center for Psychiatry and The Salerian Center for Neuroscience and Pain were increased so that pain management patients were charged higher fees for office visits than psychiatric patients. In 2009, according to the practice’s fee schedule, an “Initial Assessment” cost $290, and “Medication visits 10-15 minutes” cost $155. There was no separate cost listed for pain management patients. In 2010, according to the practice’s fee schedule, the fee for a new psychiatric patient visit was $295, “Medication Visits 10-15 minutes” cost $160, and psychotherapy visits lasting 25-30 minutes cost $260. All appointments for pain management patients in 2010 cost $350. In 2011, the fee for a new psychiatric patient visit was increased to $310 and subsequent office visits cost $170. A new patient visit for a pain management patient was increased in 2011 to $1000, and the “monthly fee” was increased to $370.
During times relevant to this indictment, pain management patients at the Washington Center for Psychiatry and The Salerian Center for Neuroscience and Pain were provided materials advising them monthly consultations were required, either in person or via telephone. Some patients were advised orally that every second, third, and fourth appointment could be conducted via telephone or via live Internet communication. Phone and Internet consultations were billed at the same rate as follow-up monthly office visits. Following a phone or Internet consultation, prescriptions were either available for pick-up at the Center or were sent to the patient or pharmacy.
The indictment alleges that between 2007 and April 5, 2012, Salerian distributed and dispensed, and caused the distribution and dispensing, of the prescription pain medications OxyContin, oxycodone, methadone, Opana ER, and fentanyl to pain management patients without a legitimate medical purpose and beyond the bounds of medical practice.
If convicted, the maximum possibly penalty faced by the defendant for each count of conviction is up to 20 years in prison and/or a fine of up to $1,000,000.
The investigation of the case was conducted by the Drug Enforcement Administration, the Department of Health and Human Services-Office of the Inspector General, the Office of Personnel Management-Office of the Inspector General, the Virginia State Police, and the Federal Bureau of Investigation. Assistant United States Attorney Jennifer Bockhorst and Special Assistant United States Attorney Dennis Lee will prosecute the case for the United States.
A grand jury indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.

Man Sentenced for Heroin Distribution

MADISON, WI—John W. Vaudreuil, United States Attorney for the Western District of Wisconsin, announced that Kelvin Haley, 30, of Beloit, Wisconsin, was sentenced yesterday by Chief U.S. District Judge William M. Conley to 42 months’ imprisonment and six years of supervised release to follow for distribution of heroin in August through September of 2012. On January 29, 2013 Haley pleaded guilty to a single count of heroin delivery that occurred on August 27, 2012.
Haley was sentenced based not only upon his delivery of heroin on nine occasions from August through September but also evidence that he delivered crack cocaine on three occasions in the spring of 2012, all while he was on probation for other offenses.
The charge against Kelvin Haley was the result of an investigation conducted by the FBI Safe Streets Task Force, which consists of the Beloit Police Department, Rock County Sheriff’s Office, and the Federal Bureau of Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Robert A. Anderson.

Wednesday, May 1, 2013

Alleged International Narcotics Trafficker Charged in New York with Conspiring to Engage in Narco-Terrorism and to Support the FARC

NEW YORK—Jose Evaristo Linares Castillo was extradited from Colombia on charges that he conspired to import ton-quantities of cocaine into the United States, to provide material support to the Fuerzas Armadas Revolucionarias de Colombia (the Revolutionary Armed Forces of Colombia, or FARC), and to engage in narco-terrorism, announced Preet Bharara, the U.S. Attorney for the Southern District of New York, and Brian R. Crowell, Special Agent in Charge of the New York Field Office of the United States Drug Enforcement Administration (DEA). The FARC has been designated by the U.S. Department of State as a foreign terrorist organization. Linares Castillo, a Colombian citizen, has been designated a consolidated priority organization target (CPOT) by the Department of Justice, a designation given to the most significant narcotics traffickers in the world. In February 2013, the U.S. Department of the Treasury designated Linares Castillo as a specially designated narcotics trafficker. Linares Castillo, who was arrested in May 2012, arrived in the Southern District of New York yesterday. He was presented and arraigned before U.S. District Judge Richard J. Sullivan this morning.
U.S. Attorney Preet Bharara said, “As alleged, Linares-Castillo was a drug kingpin of the first order who consorted with, and paid-off, known terrorists to ensure the safe passage of narcotics that were destined for the United States. His extradition to the Southern District, where he will face American justice, is the result of close international law enforcement cooperation and a significant victory in our unrelenting battle against alleged narco-terrorists.”
DEA Special Agent in Charge Brian R. Crowell said, “As alleged, Linares-Castillo ran cocaine-laden aircrafts from Colombia through Venezuela, Honduras, and into Mexico for distribution onto American streets. He also allegedly collaborated with the FARC to secure safe passage of drugs through Colombia and Venezuela. I commend the members of the New York Strike Force, DEA Special Operations Division, DEA Bogota Country Office, the Government of the Republic of Colombia, and the U.S. Department of Justice’s Office of International Affairs who succeeded in extraditing one of the most significant drug kingpins in the world responsible for the shipment of thousands of kilos of cocaine into the United States.”
According to the allegations in the indictment that was previously unsealed in New York federal court:
Linares Castillo led a drug trafficking organization that distributed ton-quantities of cocaine obtained in Colombia. The cocaine was transported through the Apure region of Venezuela, flown to Honduras, and thereafter sent to the U.S. via Mexico. To facilitate the movement of its cocaine into and out of the FARC-controlled Apure region, Linares Castillo’s organization made regular payments to the FARC.
The indictment charges Linares Castillo, 47, in three counts. Count one charges him with conspiracy to possess and to distribute cocaine on board an aircraft owned by a U.S. citizen or registered in the U.S.; to import cocaine into the United States; and to distribute cocaine knowing and intending that it be imported into the U.S. Count two charges Linares Castillo with narco-terrorism conspiracy. Count three charges him with material support conspiracy. Counts one and two carry a maximum penalty of life in prison; count three carries a maximum penalty of 15 years in prison.
U.S. Attorney Bharara praised the outstanding investigative work of the DEA’s New York Division and Special Operations Division. He specifically thanked the DEA’s New York Organized Crime Drug Enforcement Strike Force—which is composed of agents and officers of the DEA, the New York City Police Department; Immigration and Customs Enforcement’s Homeland Security Investigations; the New York State Police; the U.S. Internal Revenue Service Criminal Investigation Division; the FBI; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Secret Service; and the U.S. Marshals Service—as well as the DEA’s Bogota Country Office, the Republic of Colombia, and the U.S. Department of Justice’s Office of International Affairs for their ongoing assistance.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Edward Y. Kim, Michael D. Lockard, and Adam J. Fee are in charge of the prosecution.
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.