Federal Jury Convicts Providence Man on Heroin Trafficking Charges

PROVIDENCE, RI—Cristian Jimenez, a/k/a Alacran, 32, of Providence, faces between 10 years to life in federal prison at sentencing after a federal court jury on Monday convicted him of one count of conspiracy to possess and distribute heroin and three counts of possession and distribution of heroin, announced Unites States Attorney Peter F. Neronha; Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Office; and John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division.
Jimenez was one of 11 individuals identified by law enforcement as being members of a Dominican organization that trafficked heroin into Rhode Island. The other 10 individuals charged and arrested in this matter previously pled guilty in U.S. District Court in Providence.
The jury acquitted Jimenez of one count of possession of a firearm in furtherance of drug trafficking crimes.
An investigation by the Federal Bureau of Investigation Safe Streets Gang Task Force, the Drug Enforcement Administration Drug Task Force, Rhode Island State Police, and local law enforcement officers assigned to the task forces resulted in the execution of federal search warrants and arrest warrants in May 2012 in Providence, Cranston, North Providence, Pawtucket, and West Warwick, Rhode Island. More than three kilos of heroin, approximately 200 grams of cocaine, approximately $450,000 in cash, a substantial quantity of high-end jewelry, five firearms (four of them loaded), and 12 vehicles (several of which contained “hides”) were seized by law enforcement.
According to the government’s evidence presented at trial, on numerous occasions Jimenez bought and sold significant quantities of heroin and directed the packaging and distribution of the drugs. The government’s evidence showed that Jimenez’s Providence residence was one of the primary locations used by the drug trafficking organization to package and distribute significant quantities of heroin.
Jimenez, who has been detained since his arrest on September 26, 2012, is scheduled to be sentenced by U.S. District Court Judge William E. Smith on September 13, 2013.
The case was prosecuted by Assistant U.S. Attorney Adi Goldstein and First Assistant U.S. Attorney Kenneth P. Madden.
The FBI’s Safe Streets Gang Task Force consists of agents and law enforcement officers from the FBI; Providence, Cranston, and Woonsocket Police Departments; and the Rhode Island National Guard.
The DEA Drug Task Force consists of agents and law enforcement officers from the DEA; Rhode Island State Police; and the Cranston, East Providence, Pawtucket, Providence, Warwick, Newport, and Woonsocket Police Departments.
Agents from the U.S. Department of State Diplomatic Security Service and Internal Revenue Service-Criminal Investigation also played significant roles in the investigation.

Eight Indicted for Stealing Money from ATMs and Prescription Drugs from Pharmacies

MINNEAPOLIS—A federal indictment unsealed recently charges eight individuals in connection with a string of burglaries during which money was stolen from ATMs and prescription drugs were stolen from pharmacies. The indictment, which was filed under seal on June 10, 2013, was unsealed on June 18, 2013, following the defendants’ initial appearances in federal court. It charges Derek Edward Benedict, age 41, of Hugo; Lyle Robert Carpenter, age 40, of Hastings; Julia Jean Julien, age 35, of St. Cloud; Timothy Michael Kielb, age 45, of Fridley; Cherilyn Ann Mayotte, age 35, currently incarcerated in Superior, Wisconsin; Jason Michael Mussehl, age 42, currently incarcerated at the Stanley Correctional Institution in Stanley, Wisconsin; Jennifer Suzann Stanley, age 37, no known address; and Jonathan Roger Quast, age 28, of Lexington, Minnesota, with one count of conspiracy to commit bank burglary, bank larceny, and interstate transportation of stolen money.
In addition, Benedict, Carpenter, Julien, Kielb, Mayotte, Mussehl, and Quast were charged with one count of conspiracy to steal controlled substances. Carpenter, Kielb, Mussehl, and Stanley were also charged with one count of bank burglary and two counts of bank larceny. Benedict, Carpenter, Julien, Kielb, Mayotte, and Mussehl were also charged with one count of burglary involving controlled substances. Carpenter, Kielb, Mussehl, and Quast were also charged with one count of credit union burglary, one count of bank burglary, and one count of burglary involving controlled substances. Benedict, Carpenter, Julien, and Mussehl were also charged with one count of interstate transportation of stolen property.
More specifically, the indictment alleges that between October 2009 and February 2013, the defendants conspired with each other and others to enter and attempt to enter buildings that operated in whole or in part as banks or credit unions, because they housed ATMs. In addition, it alleges that the defendants conspired to transport stolen merchandise and cash between the states of Minnesota and Wisconsin, and Iowa and Minnesota. The indictment also alleges that Benedict, Carpenter, Julien, Kielb, Mayotte, Mussehl, and Quast conspired with each other and others to steal controlled substances from pharmacies.
In addition to those conspiracy charges, the indictment alleges that Benedict, Carpenter, Mussehl, and Stanley stole money from a Bank of America ATM located inside a Robbinsdale Walgreens store on October 24, 2009, and from a Bank of America ATM located inside a Golden Valley Walgreens on November 29, 2009. The indictment further alleges that on July 15, 2012, Benedict, Carpenter, Julien, Kielb, Mayotte, and Mussehl stole various drugs from the Bloomington Drug Store. In addition, Carpenter, Kielb, Mussehl, and Quast allegedly stole money from a credit union ATM located inside the Dakota Convenience store in Prior Lake on August 19, 2012, and money from a U.S. Bank ATM located inside a Circle Pines Walgreens on August 23, 2012. Carpenter, Kielb, Mussehl, and Quast also stole drugs from the Circle Pines Walgreens pharmacy. On September 9, 2012, Benedict, Carpenter, Julien, and Mussehl allegedly drove from Iowa to Minnesota carrying money stolen from a safe and ATM located inside a Walgreens store in Des Moines, Iowa.
If convicted, the potential maximum penalties are 20 years in prison for conspiracy to commit burglary involving controlled substances, bank burglary, credit union burglary, and burglary involving controlled substances; 10 years for bank larceny and the interstate transportation of stolen property; and five years for conspiracy to commit bank burglary, bank larceny, and interstate transportation of stolen property. If convicted, the defendants’ sentences will be determined by a federal district court judge.
This case is the result of an multi-agency investigation conducted by the Internal Revenue Service-Criminal Investigation, the Federal Bureau of Investigation, the Hennepin County Sheriff’s Office, the U.S. Secret Service, the Centennial Lakes Police Department, and the Prior Lake Police Department, with cooperation from the Minnesota Bureau of Criminal Apprehension and the Minnesota Financial Crimes Task Force. It is being prosecuted by Assistant U.S. Attorney Surya Saxena.
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.

Arden Hills Man Pleads Guilty to Conspiring to Distribute 11 Pounds of Methamphetamine

MINNEAPOLIS—Earlier today in federal court, a 35-year-old Arden Hills man pleaded guilty to distributing approximately 11 pounds of methamphetamine. Marcelino Garcia pleaded guilty to one count of conspiracy to distribute 500 or more grams of methamphetamine. Garcia, who was indicted on March 20, 2013, entered his plea before United States District Court Judge John R. Tunheim.
In his plea agreement, Garcia, also known as Moreno Marcelino Garcia and Marcelino Garcia-Moreno, admitted that on March 15, 2013, he made arrangements to sell approximately 11 pounds of methamphetamine to an undercover federal agent at a Target parking lot in Shoreview. Garcia also admitted that during the subsequent execution of a search warrant at his residence, authorities seized a 9mm, semi-automatic pistol and five additional pounds of methamphetamine. According to a law enforcement affidavit filed in the case, authorities learned about Garcia during routine narcotics’ investigations in the Twin Cities.
For his crime, Garcia faces a potential maximum penalty of life in prison. Judge Tunheim will determine his sentence at a future hearing, yet to be scheduled. This case is the result of an investigation by the Twin Cities Safe Streets Violent Gang Task Force, which is led by the Federal Bureau of Investigation and includes the Minneapolis Police Department. The task force’s mission is to investigate and target the most violent gangs operating in the Twin Cities or those gangs engaged in the large-scale trafficking of illegal drugs. The case is being prosecuted by Assistant United States Attorney Julie E. Allyn.

Mexican National Sentenced to More Than 17 Years in Federal Prison for Methamphetamine Trafficking and Firearms Convictions

ALBUQUERQUE—Jesus Omar Lopez-Valle, 28, a Mexican national from Culiacan, Sinaloa, Mexico, was sentenced this morning to 210 months in federal prison, announced U.S. Attorney Kenneth J. Gonzales and Carol K.O. Lee, Special Agent in Charge of the FBI’s Albuquerque Division. Lopez-Valle will be deported after he completes his prison sentence.
Jesus Lopez-Valle; his brother Hector Manuel Lopez-Valle, 24, a Mexican national also from Culiacan, Sinaloa, Mexico; and Adaucto Chavez-Meza, 20, a legal permanent resident from Chihuahua, Mexico, were arrested on criminal complaints in March 2012, after they attempted to sell approximately four pounds of methamphetamine to an undercover officer. At the time, the three men were living in Belen, New Mexico, and the Lopez-Valle brothers were illegally in the United States.
The three men were indicted on March 28, 2012, and charged with conspiracy and possession of methamphetamine with intent to distribute. Jesus Lopez-Valle also was charged with being an illegal alien unlawfully in possession of a firearm. Jesus Lopez-Valle entered a guilty plea to all three charges on March 8, 2013.
According to court filings, on February 21, 2012, Chavez-Meza and the undercover officer discussed the prospect of a methamphetamine deal. Thereafter, on February 23, 2012, Chavez-Meza met the undercover officer at the Sandia Resort and Casino and agreed to sell the officer three pounds of methamphetamine at a price of $14,500 per pound. Chavez-Meza arrived at the meeting site with Jesus Lopez-Valle, who did not participate in the meeting. On March 1, 2013, Chavez-Meza met the undercover officer at a gas station in the vicinity of Montgomery Blvd. NE and Interstate 25 in Albuquerque with the intention of selling four pounds of methamphetamine to the officer. Chavez-Meza arrived in a vehicle driven by Hector Lopez-Valle and Jesus Lopez-Valle arrived at the meeting site in a separate vehicle. After retrieving a package containing methamphetamine from the truck, Chavez-Meza entered the undercover officer’s vehicle, and the officer drove to a nearby apartment complex, followed by Jesus Lopez-Valle and Hector Lopez-Valle. Shortly thereafter, FBI agents arrested Jesus Lopez-Valle, Chavez-Meza, and Hector Lopez-Valle.
On February 25, 2013, Chavez-Meza pleaded guilty to conspiracy and possession of methamphetamine with intent to distribute; he is scheduled for sentencing on July 8, 2013. Hector Lopez-Valle pleaded guilty to the same two charges on March 8, 2013, and is scheduled for sentencing on July 22, 2013. Each faces a mandatory minimum 10 years in prison and a maximum of life in prison. They remain in custody pending their sentencing hearings.
This case was investigated by the Cross Border Drug Violence Squad of the FBI’s Albuquerque Division and the Las Cruces Metro Narcotics Agency, and it is being prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Nicholas Jon Ganjei.
The FBI’s Cross Border Drug Violence Squad is a hybrid squad composed of agents with various investigative backgrounds, including narcotics, white-collar, public corruption, and gang expertise, to promote more comprehensive investigations. The FBI created hybrid squads along the Southwest Border that are dedicated to combating Mexican drug cartels and the violent crime threat along the border after Congress passed the Border Security Appropriations Bill in August 2010, which directed and funded the FBI to create these squads. The Albuquerque Division’s Cross Border Violence Squad focuses its investigative efforts on Mexican drug cartels and the major Mexican Drug Trafficking Organizations in New Mexico that support the cartels.

Wilmington Man Sentenced for Heroin Distribution

RALEIGH—United States Attorney Thomas G. Walker announced that in federal court on June 21, 2013, Chief United States District Judge James C. Dever sentenced Terrance Goodman, 23, of Wilmington, North Carolina, to 125 months’ imprisonment (concurrently on each charge), followed by three years’ supervised release.
On March 18, 2013, Goodman pled guilty to conspiracy to possession with the intent to distribute and distribution of a quantity of heroin and four counts of distribution of a quantity of heroin.
During the course of the investigation, the New Hanover County Sheriff’s Office, the Wilmington Police Department, and the Federal Bureau of Investigations Safe Streets Task Force made four undercover purchases of heroin from Goodman between September and December 2012.
The investigation and testimony from the sentencing hearing revealed that Goodman was one of the leaders of a street gang in Wilmington with approximately 40 to 50 members. The gang has been associated with violence and narcotics distributions in the Wilmington, North Carolina area.
This case was brought as a part of an Organized Crime Drug Enforcement Task Force (OCDETF) Operation entitled WoofPack, investigating importers and multi-level distributors of heroin, cocaine, crack cocaine, and gang activity associated with this distribution. So far, 37 persons have been sentenced in federal court as a part of this operation.
Investigation of this OCDETF case is being conducted by the Federal Bureau of Investigation (Safe Streets Task Force); the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the United States Marshal Service; the North Carolina State Bureau of Investigation; the Wilmington, Greensboro, and Greenville Police Departments; the New Hanover and Onslow County Sheriff’s Offices; and the Florence County, South Carolina Sheriff’s Office. Special Assistant United States Attorney Timothy Severo represents the government. Mr. Severo is a prosecutor with the New Hanover County District Attorney’s Office. District Attorney Ben David has assigned him to the United States Attorney’s Office to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters.

Hells Angels Members and Associates Convicted and Sentenced After Joint Investigation Uncovers Racketeering Conspiracy Dealing in Guns, Drugs, Armed Robbery, Arson, and Money Laundering

COLUMBIA, SC—As part of a cooperative federal, state, and local investigation, 16 members and associates of the Hells Angels were convicted in federal court of crimes related to a racketeering conspiracy (Racketeer Influenced and Corrupt Organizations Act, also known as RICO Act, 18 U.S.C. §1962). Today, three full-patch members of the Hells Angels—Hells Angels Charter President Mark “Lightning” Baker, as well as “Gravel” Dave Oiler and Bruce “Bruce-Bruce” Long—were sentenced after having been convicted by a jury of racketeering conspiracy, drug trafficking, money laundering, and firearm offenses. United States District Judge Cameron Currie sentenced Baker to 188 months, Oiler to 200 months, and Long to 168 months. Previously, 12 other members and associates of the Hells Angels were sentenced after having pleaded guilty. One defendant, Carlos Hernandez, remains to be sentenced. United States Attorney Bill Nettles said, “We are pleased to partner with federal, state, and local law enforcement in response to community concerns about outlaw motorcycle gangs. Removing machine-guns, silencers, assault rifles, other illegal firearms, and drugs from our streets while disrupting the trafficking activities of violent gangs, such as the Hells Angels, is and will remain a priority of the United States Attorney’s Office.”
Members and associates of the Hells Angels South Carolina Nomads Charter operated from Lexington to Rock Hill, South Carolina. As part of the coordinated criminal activity, the group engaged in drug dealing, money laundering, firearms trafficking, use of firearms in relation to crimes of violence and drug dealing, attempted armed robbery, arson, and other offenses. The Hells Angels’ leadership coordinated the criminal activity and received kickbacks or cuts of the illicit proceeds generated by members and associates of the Hells Angels. During the investigation, the gang’s leadership transitioned from long-time Hells Angels member “Diamond” Dan Bifield to recent inductee Mark “Lightning” Baker after the charter’s members voted Bifield out as president. Throughout, as Baker and Bifield explained in recorded conversations, members of the Hells Angels were to pay a cut of their profits from illegal activity to the Hells Angels and its leadership.
Though professing to live outside the structure of society’s laws as so-called “outlaws” or “one-percenters” (denoting that they are the one percent that refuses to abide by the law), the investigation showed the Hells Angels to have a highly organized hierarchical chain of command governed by extensive written rules. Membership, which is limited to white males that own an American-made motorcycle, requires more than a year of association with the gang. Only full members may wear the three-piece patch with the winged death head that has become synonymous with the Hells Angels.
The investigation revealed that the Hells Angels trafficked in a wide-array of firearms, knowing that the weapons were being sold to known felons for use in armed robberies of other drug dealers. In excess of one hundred guns were trafficked by the group (including by Bifield, Long, Pryor, Keach, and others) and recovered during the execution of search warrants, including fully automatic machine-guns, silencers, assault rifles with high-capacity magazines, pistols, and sawed-off shotguns.
Members of the organization not only supplied weapons, they also supplied methamphetamine (known as “biker’s coffee”) and cocaine, along with bath salts and prescription pain pills. The evidence showed that the defendants were responsible for more than five pounds of methamphetamine and multiple kilograms of cocaine. For example, Baker and Oiler obtained for re-distribution pounds of high-quality methamphetamine from Kerry Chitwood, a member of the Gastonia, North Carolina-based Southern Gentlemen Motorcycle Club. During their drug trafficking activities, club members traded on the Hells Angels’ infamous reputation to instill fear and obtain the drugs they wanted. Similarly, Bifield and Long distributed more than a kilogram of cocaine and bath salts obtained from a variety of sources. Other members of this drug conspiracy (including “Big” Frank Enriquez and Baker) trafficked in prescription pain pills.
“The Hells Angels are one of the most notorious biker gangs in the United States,” FBI Special Agent in Charge David A. Thomas explained. “Working with our federal, state, and local partners, we are committed to using our resources on the most significant problems facing our state. These convictions send a strong message that the coordinated efforts of law enforcement can disrupt, and hopefully dismantle, organized gang activity.”
After a month-long trial, a federal jury convicted Baker of racketeering conspiracy, narcotics conspiracy, and money laundering; Oiler of racketeering conspiracy, narcotics conspiracy, various counts of narcotics distribution and attempted distribution, money laundering, possession of a firearm in furtherance of drug trafficking and a crime of violence, and illegal possession of a machine-gun and silencer; and Long of racketeering conspiracy, narcotics conspiracy, various counts of narcotics distribution and attempted distribution, money laundering, and sale of firearms for use in drug trafficking and a crime of violence. These three received sentences ranging from 14 years to over 16 years.
Previously, six defendants pleaded guilty to a racketeering conspiracy and were sentenced by the court: “Diamond” Dan Bifield (210 months), David “Yard Owl” Pryor (84 months), Richard “Little Mark” Thrower (27 months), “Big” Frank Enriquez (24 months), Fred Keach (10 months), and Johanna Looper (15 months). Three defendants pleaded guilty to a narcotics conspiracy and were sentenced by the court: Kerry “Gowilla” Chitwood (240 months), “Big” Ron Byrum (51 months), and Trent Brown (24 months). Lisa Bifield pleaded guilty to possession of a firearm in furtherance of drug trafficking and a crime of violence and was sentenced to 84 months in prison. James “Sonny” Rhodus pleaded guilty to money laundering, receiving five years of probation, while Bruce “Diesel” Wilson pleaded guilty to selling a firearm to a known felon and received 18 months in federal prison.
“ATF will continue to work in conjunction with other law enforcement agencies to identify organized violent criminals in our joint effort to protect the public,” said ATF Charlotte Division Special Agent in Charge Wayne Dixie, “The sentencing of members and associates of the Hells Angels Motorcycle Club in federal court should send a loud and clear message to anyone who chooses to engage in this type of criminal activity; it cannot and will not be tolerated and you will be held accountable.”
This multi-agency investigation led by FBI Special Agent Devon Mahoney began in response to community concerns about the infiltration of the Rock Hill community by outlaw motorcycle gangs and the brewing violence developing between members of rival outlaw motorcycle gangs. Ultimately, the investigation—through cooperating individuals, surveillance, search warrants, court‑authorized wiretaps, consensual recordings, controlled buys, stings, and other investigative techniques—provided a window into the Hells Angels’ criminal activities that led to these arrests and convictions. This investigative partnership—the South Carolina Hells Angels Task Force—included officers and agents of the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Lexington Police Department; Lexington County Sheriff’s Department; York County Sheriff’s Department; Rock Hill Police Department; and the South Carolina State Law Enforcement Division (SLED). The case was prosecuted by Assistant United States Attorneys Jay Richardson and Jim May.

Rafael Armando Class-Davila Charged with Assaulting Federal Officer

SAN JUAN—On June 19, 2013, Rafael Armando Class-Davila was taken into custody by the Federal Bureau of Investigation (FBI). Class-Davila was charged with assaulting, resisting, or impeding federal officer using a deadly or dangerous weapon, Title 18 U.S.C. Section 111(a) (b) and intentionally harassing another person and thereby hindering, delaying, preventing, or dissuading any person from arresting or seeking the arrest of another person in connection with a federal offense or attempts to do so, Title 18 U.S.C. Section 1512(d) (3).
A federal complaint states that on June 17, 2013, the FBI San Juan Division SWAT team was traveling southbound on Highway 52. Thereafter, a 2012 blue Jeep Compass driven by Class-Davila pulled into the FBI SWAT convoy between the second and third Chevrolet Suburban.
Class-Davila maintained his position in the convoy and continued to drive at a high rate of speed, ignoring the signal to move aside. Agents proceeded to utilize the public address (PA) system to announce, in Spanish, that the Suburban was a police vehicle and commanded the driver of the Jeep to move out of the way. Agents were forced to reposition the convoy in a neighboring lane as Class-Davila failed to abide by instructions to move.
Agents were able to maneuver the Suburban in front of the Jeep and continued to drive forward with the convoy. Approximately one minute later, Class-Davila swerved in front of the convoy, interfering with operations again. When Class-Davila positioned himself in front of the Suburban, he slammed on his breaks, causing agents to break suddenly to avoid collision.
Class-Davila remained in front of the Suburban and continued to prevent it from joining the convoy. Agents utilized sirens and the air horn, along with the PA system, to announce the vehicle was police and commanded it to move.
Shortly thereafter, the SWAT convoy team began to exit Highway 52. As the Suburban passed on level with Class-Davila, Class-Davila made threatening gestures toward the agents. While making these gestures, Class-Davila sideswiped and scraped the side median that divided the exit and Highway 52. Class-Davila, in spite of the collision, continued to drive down Highway 52.
If convicted, Class-Davila faces up to 20 years of imprisonment.
This case is being prosecuted by Assistant United States Attorney Justin R. Martin and is being investigated by the United States Attorney’s Office and the FBI.
The public is reminded that a criminal complaint contains only charges and is not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty. The U.S. government has the burden of proving guilt beyond a reasonable doubt.

Pittsburgh Man Sentenced to Seven Years in Prison for Violating Federal Drug and Gun Laws

PITTSBURGH—A Pittsburgh man has been sentenced in federal court to 84 months’ imprisonment for his convictions of violating federal drug and firearms laws, United States Attorney David J. Hickton announced today.
United States District Judge Joy Flowers Conti imposed the sentence on Rayshaun Jones, 25, who is currently incarcerated.
According to information presented to the court, between September 14, 2010 and September 15, 2010, Jones conspired to distribute and possess with intent to distribute less than 50 kilograms of marijuana and to rob the Swap Meet, a business engaged in interstate commerce, as well as its owner, vendors, employees, and customers of money, merchandise, and marijuana. On September 15, 2010, Jones and other co-defendants robbed the Swap Meet and as a result obtained, among other things, $300-$400 and one kilogram of marijuana. During the robbery, Jones carried, used, and possessed firearms.
Assistant United States Attorney Troy Rivetti prosecuted this case on behalf of the government.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
U.S. Attorney Hickton commended the Federal Bureau of Investigation and the Pittsburgh Police Department for the investigation leading to the successful prosecution of Rayshaun Jones.

Anchorage Man Sentenced to 18 Months in Prison for Drug Conspiracy

ANCHORAGE—U.S. Attorney Karen L. Loeffler announced today that a man from Anchorage was sentenced in federal court in Anchorage for his role in an Anchorage and Fairbanks drug conspiracy.
Rock E. Phelps, II, 26, a/k/a “Skitzo Scoe,” from Anchorage, Alaska, was sentenced today by U.S. District Court Chief Judge Ralph R. Beistline. Phelps received a sentence of 18 months in prison and three years of supervised release. Phelps 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, Phelps 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 Anchorage and Fairbanks. Phelps sold cocaine in Anchorage. On four occasions in February 2011, Phelps sold cocaine to a confidential informant; he possessed 70 grams of cocaine in his residence that he intended to distribute and possessed a firearm. Phelps also facilitated the sale of cocaine between another individual and his co-conspirator DeMarr Moultrie.
Phelps and other members of the conspiracy attempted to conceal their drug trafficking by claiming they were involved in a legitimate business, specifically that they were “artists,” employees, or promoters of concerts. 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. Phelps had no record of serious or consistent employment since dropping out of high school in 2005 and only received minor, nominal payments for work as a rap recording and performance artist. The main source of his income since dropping out of high school was from the distribution of illegal narcotics in Anchorage.
Prior to imposing a sentence, Judge Beistline informed the defendant he had to take responsibility for his own actions and he needed to find some better individuals to associate with in the future.
Phelps was indicted along with 13 other members of the conspiracy located in Anchorage and Fairbanks. Christopher Anderson was previously sentenced to 14 months prison on November 2, 2012; DeMarr Moultrie was sentenced to 40 months prison on May 1, 2013; Jeraelyn Hill was sentenced to 66 months prison on May 28, 2013; and Jerry Wormley was sentenced to 36 months prison on May 31, 2013.
Donnell Johnson, Joshua Mustovich, Mihla Hall, Antonio Fleming, Dalon Johnson, Tevoris Carter, Emma Shine, and Brent Gunnels have pled guilty for their roles in connection with the conspiracy and await sentencing. Terrance Fleming has a pending trial scheduled for August 2013.
Ms. Loeffler commended the Federal Bureau of Investigation, the Drug Enforcement Administration, the U.S. Postal Inspection Service, the Internal Revenue Service Criminal Investigation Division, and the Anchorage Police Department for the investigation leading to the successful prosecution of Phelps.

Ten People from the River Region Receive Large Sentences for Their Part in a Drug Trafficking Organization

MONTGOMERY, AL—Ten people were sentenced last week for their participation in a drug trafficking organization operating in Autauga, Elmore, and Montgomery Counties, announced George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama. United States District Judge Keith Watkins sentenced the 10 people after they were either convicted following a two-and-a-half-week trial in February 2013 or plea of guilty.
Evidence in this case showed that this drug trafficking organization was very sophisticated and sold many kilograms of powder cocaine. This large drug organization started with two smaller drug trafficking organizations that joined forces to saturate Autauga, Elmore, and Montgomery Counties with cocaine. According to the evidence, Mr. Willie Jerome Davis had at least $500,000 of illicit assets, including real and personal property. After establishing that Davis had very limited legitimate income, the jury was allowed to infer that his “wealth” came from illicit activity—drug trafficking.
The sentences for the ten are:

• Delmond Lemar Bledson, a.k.a “Two Face,” age 38 of Deatsville, Alabama, was sentenced to 188 months’ imprisonment. Bledson was convicted of conspiracy and possession with intent to distribute cocaine hydrochloride in violation of Title 21 United States Code, Sections 841 and 846;

• Willie Jerome Davis, a.k.a “Moby,” age 52 of Elmore, Alabama, was sentenced to life imprisonment. Davis was convicted of conspiring to distribute cocaine hydrochloride, use of a communication facility to further the cocaine conspiracy, and money laundering in violation of Title 21 United States Code, Sections 841, 846, 843(b) and Title 18 United States Code, Section 1956(a)(1)(B)(ii);

• Eulanda Lashade Trimble, a.k.a “Yo Yo,” age 33 of Montgomery, Alabama, was sentenced to 15 months’ imprisonment. Trimble was convicted of conspiring to distribute cocaine hydrochloride and use of a communication facility to further the cocaine conspiracy in violation of Title 21 United States Code, Sections 841, 846 and 843(b);

• Willie James Walker, a.k.a “Nicodemus,” age 60 of Montgomery, Alabama ,was sentenced to 72 months’ imprisonment. Walker was convicted of conspiring to distribute cocaine hydrochloride in violation of Title 21 United States Code, Sections 841 and 846;

• Clifton Pettus, a.k.a “Biscuit,” age 33, of Montgomery, Alabama, was sentenced to 188 months’ imprisonment. Pettus was convicted of conspiring to distribute cocaine hydrochloride and use of a communication facility to further the cocaine conspiracy in violation Title 21 United States Code, Sections 841, 846 and 843(b);

• Robert Marshall, a.k.a “Big Daddy,” age 39 of Montgomery, Alabama, was sentenced to 300 months’ imprisonment. Marshall was convicted of conspiring to distribute cocaine hydrochloride and use of a communication facility to further the cocaine conspiracy in violation Title 21 United States Code, Sections 841, 846 and 843(b);

• Tony Gardner, a.k.a “Rock,” age 41 of Millbrook, Alabama, was sentenced to 78 months’ imprisonment. Gardner was convicted of conspiring to distribute cocaine hydrochloride in violation of Title 21 United States Code, Sections 841 and 846;

• William James Reese, age 38 of Deatsville, Alabama, was sentenced to 360 months’ imprisonment. William Reese was convicted of conspiring to distribute cocaine hydrochloride and use of a communication facility to further the cocaine conspiracy in violation Title 21 United States Code, Sections 841, 846 and 843(b);

• Eric Orlando Reese, age 38 of Montgomery, Alabama, was sentenced to 240 months’ imprisonment. Eric Reese was convicted of conspiring to distribute cocaine hydrochloride and use of a communication facility to further the cocaine conspiracy in violation Title 21 United States Code, Sections 841, 846 and 843(b);

• Ger Derrick Moncrief, age 39 of Montgomery, Alabama, was sentenced to 108 months’ imprisonment. Moncrief was convicted of conspiracy and possession with intent to distribute cocaine hydrochloride in violation of Title 21 United States Code, Sections 841 and 846;

“These long sentences should send a message: if you sell drugs in the Middle District of Alabama, you will go to jail, and you will go to jail for a long time,” stated U.S. Attorney George L. Beck, Jr. “With the sentencing of these defendants, our community is a safer place to live.”
“The impact of this investigation, the lengthy prison sentences imposed and the collaborative efforts of our law enforcement colleagues should send a clear message that drug trafficking will not be tolerated in our communities,” stated Clay Morris, DEA Resident Agent in Charge. “The combined efforts of law enforcement have removed a well-established drug trafficking organization from our neighborhoods and has made our communities a safer place for our children.”
This case was investigated by the Drug Enforcement Administration in Montgomery, with the assistance from DEA Atlanta, DEA New York, Montgomery HIDTA Task Force, Federal Bureau of Investigation, U.S. Marshal Service, Central Alabama Drug Task Force, Office of the Attorney General, Elmore County Sherriff’s Office, Wetumpka Police Department, Montgomery Police Department, Millbrook Police Department, Montgomery County Sherriff’s Office, Prattville Police Department, Autauga County Sherriff’s Office, Alabama State Troopers, Alabama Beverage Control, Alabama Bureau of Investigation, Chilton County Sherriff’s Office, and the Alabama National Guard.

Prosecutors Seek to Dismiss One Defendant from Drug Conspiracy Indictment

BIRMINGHAM—The U.S. Attorney’s Office has asked a federal judge to dismiss one of 10 defendants from a drug trafficking conspiracy indictment returned in April and unsealed in May following the arrests of all the defendants, announced U.S. Attorney Joyce White Vance.
Prosecutors this week filed the motion in U.S. District Court to dismiss Dealdre R. “Twin” Murrell, 27, of Birmingham, from the April 25 indictment. The move was prompted by information the government received and confirmed this week, according to the motion.
Dealdre’s twin brother, Deandre “Laray” or “Tojo” Murrell, also of Birmingham, remains under indictment in the case, along with eight other defendants: Billy “Champ” Williams Jr., 40, of Midfield; Sammuel Dewayne “Rosé” Gulley, 28, of Fairfield; Walter “Walt T” Johnson, 47; and Wilbert Curtis “Bing” Dalton Jr., 41, both of Dolomite; Grady Isam “Shady Grady” Jenkins, 46; Abe “Cuz” Johnson, 49; and Marion “Tuna” Reynolds Jr., 52, all of Birmingham; and Vernon Llwellyn “RJ” Mcadory, 38, of Bessemer.
The government is seeking to dismiss Dealdre Murrell from the four charges that he faced: conspiracy to distribute heroin and cocaine and three counts of using a telephone to facilitate drug trafficking.
The indictment charges that Williams and his co-defendants ran a large-scale heroin and cocaine distribution network in western Birmingham and Jefferson County. The investigation by the FBI, Internal Revenue Service-Criminal Investigation Division, and the Jefferson County Sheriff’s Office began in 2011 and culminated with the January arrest of Gulley, followed by the April indictment and remaining arrests in May.
Gulley was arrested in possession of two kilograms of nearly pure heroin following a high-speed chase with Jefferson County Sheriff’s deputies on January 25. Later that night, agents seized one-and-a-half kilograms of cocaine from a home associated with Williams and Gulley.

Undercover Investigation Results in Three Arrests and Seizure of 15 Pounds of Methamphetamine

ALBUQUERQUE—Arturo Reynaga, 29, of Los Lunas, New Mexico, Joaquin Alire, 29; of Albuquerque, New Mexico; and Jose Lopez-Hernandez, 31, a Mexican national residing in Belen, New Mexico, made their initial appearance this morning in federal court on a criminal complaint charging them with conspiracy and possession of methamphetamine with intent to distribute. All three remain in federal custody pending detention hearings scheduled for June 10, 2013.
Reynaga, Alire, and Lopez-Hernandez were arrested yesterday by the FBI after they attempted to sell approximately 15 pounds of methamphetamine to an undercover officer. According to the criminal complaint, the FBI arrested Reynaga in the vicinity of the Hard Rock Casino, located on Isleta Pueblo, New Mexico, and seized the methamphetamine from the vehicle in which Reynaga had traveled to the casino. The complaint further alleges that Alire and Lopez-Hernandez were arrested after additional investigation revealed that they allegedly supplied the methamphetamine that Reynaga was planning to sell to the undercover officer. Alire also was arrested in the vicinity of the Hard Rock Casino, and Lopez-Hernandez was arrested in Albuquerque.
If convicted on the charges in the complaint, each of the three defendants faces a mandatory minimum of 10 years to a maximum of life in prison and Lopez-Hernandez will be deported after serving his prison sentence. Charges in criminal complaints are only accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque Division of the FBI, with assistance from the Las Cruces-Doña Ana Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.

Drug and Violent Crime Sweep Nets Nearly 30 on and Around the Yavapai-Apache Nation

PHOENIX, AZ—Following a coordinated federal, tribal, and state investigation into drug trafficking and related violent crime on and near the Yavapai-Apache Indian Nation, 22 individuals are under indictment on federal charges with another five facing tribal criminal charges and two are facing state charges. Almost all of the individuals charged were taken into custody over the past several days or were already in local custody on other charges. Three remain fugitives.
The Federal Bureau of Investigation’s Northern Arizona Safe Streets Task Force, the Yavapai County Drug Task Force, and the Yavapai-Apache Nation Tribal Police Department led this coordinated enforcement action. They received significant operational assistance from the Yavapai County Sheriff’s Office; the Cottonwood Police Department; the Camp Verde Marshals Office; Arizona Department of Public Safety; the U.S. Drug Enforcement Administration; the U.S. Marshals Service; the U.S. Immigration and Customs Enforcement (ICE), the Department of Homeland Security; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Coconino County METRO Drug Task Force.
“The United States Attorney’s Office will continue to support community impact investigations to reduce violent crime and drug activity both on and off the reservations,” said U.S Attorney John S. Leonardo. “I commend the numerous federal, local, and tribal agencies for their effective cooperation.”
FBI Special Agent in Charge Douglas G. Price, Phoenix Division, stated, “The FBI is committed to enforcing federal laws in Indian Country. These charges are the result of a coordinated effort by the FBI and our law enforcement partners to fight violent crime and drug matters. The goal of this investigative operation is a positive impact on the community by reducing violent crime and the availability of illegal drugs. The FBI will continue to work with our law enforcement partners to combat criminal activity and improve the quality of life in Indian Country.”
“Methamphetamine has plagued our community for years,” said Yavapai Apache Nation Vice Chairman Robert Jackson, Sr. “Addressing this issue as an independent law enforcement agency has been ongoing and overwhelming. The Yavapai-Apache Police Department and prosecutors have been fortunate to work in full cooperation with the FBI and the U.S. Attorney’s Office in this proactive investigation since fall 2012, resulting in one of the largest single actions against individuals who have infiltrated our community with meth. We appreciate the cooperative approach between all law enforcement agencies, which has made one more of our Verde Valley communities a safer place for our youth, elders, and community members.”
Convictions for the drug offenses currently charged, which involve trafficking of methamphetamine and marijuana, carry penalties up to 20 years in prison and $1,000,000 in fines. Assault and related charges carry maximum penalties of 10 years to life in prison, as well as maximum fines of $250,000.
An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation in this case is ongoing, and additional charges and arrests are anticipated.

Fairbanks Man Sentenced to 36 Months in Prison in Drug Conspiracy

ANCHORAGE—U.S. Attorney Karen L. Loeffler announced today that a man from Fairbanks, Alaska was sentenced in federal court in Anchorage for his role in an Anchorage and Fairbanks drug conspiracy.
Jerry Wormley, 34, a/k/a, “Two-Tone,” was sentenced today by U.S. District Court Chief Judge Ralph R. Beistline. Wormley received a sentence of 36 months prison, three years’ supervised release, and agreed to pay a $24,000 money judgment to the United States. Wormley 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, Wormley 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 Anchorage and Fairbanks. Wormley sold cocaine in Fairbanks, and he would purchase larger quantities of cocaine from other members of the conspiracy and then redistribute the cocaine in Fairbanks. Wormley also acted as a courier for other members of the conspiracy, transporting cocaine from Anchorage to Fairbanks.
Wormley and other members of the conspiracy attempted to conceal their drug trafficking by claiming they were involved in a legitimate business, specifically that they were “artists,” employees, or promoters of concerts. 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. Wormley had no record of serious or consistent employment since dropping out of high school in 1996 but claimed ownership of a fledgling music promotion company called JG Productions in Fairbanks. This company had previously been a part of one minor concert promotion in Fairbanks, but it was clear Wormley’s sole source of income for many years was the distribution of cocaine in Fairbanks.
Prior to imposing a sentence, Judge Beistline noted that selling drugs poisons the community, and he characterized Wormley as a “nice guy drug dealer.” Judge Beistline further acknowledged the community and family support Wormley had received prior to sentencing but criticized the choices the defendant had made to distribute cocaine in the community.
Wormley was indicted along with 13 other members of the conspiracy located in Anchorage and Fairbanks. Christopher Anderson was previously sentenced to 14 months prison on November 2, 2012; DeMarr Moultrie was sentenced to 40 months prison on May 1, 2013; and Jeraelyn Hill was sentenced to 66 months prison on May 28, 2013. Donnell Johnson, Joshua Mustovich, Mihla Hall, Antonio Fleming, Dalon Johnson, Tevoris Carter, Rock Phelps, Emma Shine, and Brent Gunnels have pleaded guilty for 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 Service, the Internal Revenue Service Criminal Investigation Division, and the Anchorage Police Department for the investigation leading to the successful prosecution of Wormley.

Juneau Man Sentenced to 30 Months in Prison and Co-Conspirator Pleads Guilty in Drug Conspiracy

ANCHORAGE—U.S. Attorney Karen L. Loeffler announced today that a Juneau resident was sentenced in Juneau to federal prison for drug conspiracy.
Joshua River Riley, 37, of Juneau, Alaska, was sentenced May 31, 2013, by U.S. District Court Judge Timothy M. Burgess to 30 months prison for his role in a drug trafficking conspiracy. Co-conspirator Bethel subsequently pled guilty to his role in the drug trafficking conspiracy. Bradley Arin Bethel, a co-conspirator, is scheduled to be sentenced on August 26, 2013.
According to Assistant U.S. Attorney Jack S. Schmidt, who prosecuted the case, the charges arose from a joint investigation including the Drug Enforcement Administration, Federal Bureau of Investigation, and the Juneau Police Department-Drug Metro Unit, which were investigating the importation of heroin into Juneau, Alaska.
Between October 2012 and continuing through November 2012, Riley and his co-conspirator Bethel conspired to import heroin from Portland, Oregon, to Juneau, Alaska. As part of the conspiracy, Riley contacted other co-conspirators in Oregon to supply heroin to Riley for subsequent distribution in Alaska. Riley and Bethel provided the money to purchase the heroin, and Bethel recruited a drug courier and arranged for the courier’s flight to Oregon to pick up the heroin with Riley, who had traveled the previous day to Oregon. Bethel provided the courier with a cell phone and programmed the number of Riley in the cell phone for the courier to get in contact with Riley in Oregon. Riley and the courier met in Oregon, and Riley provided 106.4 grams of heroin to the courier to transport back to Alaska via commercial air carrier for subsequent distribution.
Prior to imposing sentence, Judge Burgess emphasized the seriousness of the offense, the need to deter the defendant and others and to provide treatment in the most effective manner for the defendant as reasons for imposing the 48 month prison sentence.
Ms. Loeffler commended the Drug Enforcement Administration, Federal Bureau of Investigation, and the Juneau Police Department-Drug Metro Unit for the investigation leading to the successful prosecution of Riley and Bethel.

Twenty-One People Arrested in Huntsville-Based Drug Trafficking Conspiracy

HUNTSVILLE—Federal agents and members of a Madison and Morgan County drug task force today arrested 21 people charged as members of a drug trafficking conspiracy operating out of Huntsville since at least 2010, announced U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Richard D. Schwein, Jr., and Madison-Morgan County High Intensity Drug Trafficking Area Task Force Commander Sgt. Dewayne McCarver.
The defendants are part of overlapping drug rings, one distributing powder and crack cocaine and the other marijuana in Madison County, according to a 34-count indictment unsealed following today’s arrests. Twenty of the defendants were arrested in North Alabama, and one defendant turned himself in in Atlanta. Authorities continue to pursue a 22nd defendant, known as “Renay.”
Brothers Cortez Deaundra “Tez” Carr, 33, and Tyris Terville “Black” Carr, 38, both of Huntsville, are charged in the cocaine and the marijuana conspiracies. The multi-agency investigation, begun early in 2010, identifies Cortez Carr as the leader of the illegal drug distribution rings.
“This investigation has successfully taken down a major cocaine and marijuana trafficking organization operating in Northern Alabama,” Vance said. “This is a sterling example of how federal, state, and local law enforcement, working together, are able to successfully dismantle narcotics smuggling organizations and reduce the availability of illegal drugs on the streets,” Vance said.
“Today’s arrests dismantle a narcotics operation that spread from Atlanta to Birmingham, as well as from Huntsville and Decatur to Gadsden,” Schwein said. “This type of investigation and enforcement activity between the agencies involved shows when numerous agencies work together, as they did in this case, it has a significant impact and can help to restore an entire neighborhood. The law abiding citizens who live in the areas targeted in this morning’s investigations have their neighborhood back.”
“This is a perfect example of the impact that can be made when agencies work together,” McCarver said. “This case will have a lasting positive impact on the cities of Huntsville, Madison, and Decatur by removing a major drug trafficking operation from this area. I am proud to have worked with all the agencies involved.”
Cortez Carr is charged, individually, with separate counts of possessing with intent to distribute powder cocaine and crack cocaine, and with possessing a firearm—a Bryco Arms 9mm pistol and a FEG .45-caliber pistol—in furtherance of a drug trafficking crime, all on March 15, 2010. Cortez Carr also is charged, individually, with six counts of distributing more than 28 grams of crack cocaine and one count of distributing more than 280 grams of crack on various dates between August 2012 and December 2012.
Cortez Carr is charged, along with his brother, Tyris Carr, and their cousin, Lacarl Carr, 37, of Huntsville, with possessing with intent to distribute more than 500 grams of cocaine in Madison County on January 14. LaCarl Carr faces one count of possessing a firearm—a derringer .38-caliber—in furtherance of cocaine trafficking on that date.
Along with various other defendants in the conspiracy, Cortez Carr is charged with three counts of using a telephone, in November 2012 and December 2012, to further the marijuana conspiracy. He faces 13 counts, with various other defendants, of using a telephone between December 2012 and January 2013, to further the cocaine conspiracy.
Of the 22 defendants charged in the April 24 indictment returned by a federal grand jury in Birmingham, 20 are from Huntsville. Along with the Carrs they are: brothers Tommy “Roland” Childs, III, 51, and Eric DeWayne “Twin” or “Look-a-like” Childs, 42; Christopher Ike “Coota” Okafor, 29; Corey Todd “Black Boy” Thompson, 25; Gregory Lavar “Greedy G” Hampton, 35; Michael Wayne Burton, 45; Travis Sanital Washington, 31; Deonta Lajuan Turner, 30; Terrence Lavelle “Wolf” Melton, 36; John Earnest Moore, Jr. 27; Charles Colvin Copeland, 44; Cornelis Antonio Carter, 30; Frederick Lee Maples, 46; Monica Champaler Toney, 35; Darral Demetrias Walter, 38; Keenan Jermaine Shephard, 33; and an unidentified defendant, referred to in the indictment as FNU “Renay” LNU, age unavailable.
The two defendants from outside Huntsville are: Quincy Tywy Ellington, 36, of Atlanta, and Christopher David “Chris Wheeler” Sanders, 33; of Decatur.
The three Carrs, Eric and Tommy Childs, Sanders, Thompson, Hampton, Burton, Washington, Ellington, Turner, Melton, Moore, Copeland, Carter, Young, Maples, Toney, and Walter are charged in count one of the indictment with the conspiracy to possess and distribute more than 280 grams of crack cocaine on March 15, 2010.
Cortez and Tyris Carr, Melton, Shephard, Okafor, and Renay are charged in count two with the conspiracy to possess and distribute marijuana.
Okafor, individually, is charged with possessing with intent to distribute marijuana, and with possessing a firearm—a Beretta .22 LR pistol—in the furtherance of the drug trafficking crime, on February 7. He also is charged with being a felon in possession of a firearm.
Conspiring to possess and distribute more than 280 grams of crack cocaine carries a maximum penalty of life in prison and a $4 million fine. Conspiracy to possess and distribute marijuana carries a maximum penalty of five years in prison and a $250,000 fine. Possessing with intent to distribute more than 500 grams of cocaine carries a minimum mandatory prison sentence of five years and a maximum sentence of 40 years in prison and a $5 million fine. Possessing a firearm in furtherance of a drug trafficking crime carries a minimum mandatory sentence of five years in prison, which must be served consecutively to any other sentence imposed for the crime.
The FBI; Madison-Morgan County HIDTA Task Force; Huntsville, Madison, and Decatur Police Departments; Alabama Alcoholic Beverage Control Board; Alabama Department of Public Safety; federal Drug Enforcement Administration; and Madison County and Morgan County Sheriff’s Departments and District Attorneys’ Offices investigated the case. Assistant U.S. Attorney Terence O’Rourke is prosecuting the case.
The public is reminded that an indictment contains only charges. Defendants are presumed innocent, and it is the government’s obligation to prove guilt beyond a reasonable doubt at trial.

New Jersey Doctor Convicted by Federal Jury for Writing Illegal Oxycodone Prescriptions in Drug Distribution Conspiracy

NEWARK, NJ—An internal medicine specialist who wrote illegal prescriptions for oxycodone was convicted today by a federal jury in New Jersey for his role in a conspiracy that put tens of thousands of prescription pills on the streets for resale, U.S. Attorney Paul J. Fishman announced.
Michael Durante, 59, of Montclair, New Jersey, was convicted of 16 of the 17 counts in the superseding indictment against him: one count of conspiracy to distribute oxycodone and 15 counts of unlawful distribution of the drug. The jury returned the verdict on the second day of deliberations following a nearly three-month trial before U.S. District Judge Stanley R. Chesler in Newark federal court.
According to the evidence at trial:
Between 2009 and March 2011, Durante regularly sold prescriptions of oxycodone to several people knowing the drugs would be resold on the street for profit. Two individuals in particular—Andre Domando, 48, of Belleville, New Jersey; and Dennis Abato, 61, of Lakewood, New Jersey—each had a stable of patients they brought to Durante’s medical practice in Nutley, New Jersey, so he could give them prescriptions for large quantities of oxycodone that would ultimately be sold through the redistribution network. Domando and Abato have each pleaded guilty in connection with the scheme.
In February 2011, several undercover recordings were produced that showed Durante’s understanding of the illegal distribution he facilitated. At one point, Durante said he knew Domando was reselling the prescriptions for a large profit, stating, “I just know because my friend does the same thing you do. He sells these for a thousand to 1,200 dollars a bottle.” Durante, referring to prescriptions he provided to Domando over the previous week, then stated “[s]o two last week, four this week—you should have 6,000 dollars in your pocket,” adding, “I know what people do with these things. You gotta have at least 1,200, 1,500 dollars a month of income here.”
Durante was also captured on tape accepting $300 from Domando in exchange for prescriptions, as well as $100 for an extra prescription he sold to an undercover agent. At trial, a witness testified that he delivered envelopes of cash to Durante in exchange for extra prescriptions.
Additionally, Durante falsified medical records in the files of the patients who received the oxycodone prescriptions he sold to Domando, Abato, and others. Typically, Durante would omit from the progress notes for those patients many of the additional prescriptions he had sold. On other occasions, he falsely wrote that prescriptions had been provided to replace lost prescriptions—including noting on one occasion that a dog may have eaten one of the prescriptions he provided to Domando.
In total, Durante provided prescriptions for more than 70,000 oxycodone pills to be illegally resold by his coconspirators.
At sentencing, Durante faces a maximum potential penalty of 20 years in prison and a $250,000 fine on each of the 16 counts of which he was convicted. A sentencing date has not yet been set. A hearing has been scheduled for tomorrow, May 23, 2013, to discuss the forfeiture of nearly $300,000 in cash found in Durante’s home.
U.S. Attorney Fishman credited the New Jersey DEA Tactical Diversion Squad, made up of DEA special agents, diversion investigators, and intelligence analysts; FBI and IRS special agents; and law enforcement officers from the Essex County Sheriff’s Department and the Elizabeth, Clinton Township (Hunterdon County), Toms River, and Newark Police Departments with the investigation leading to today’s conviction.
The government is represented by Assistant U.S. Attorneys Anthony Mahajan and Osmar J. Benvenuto of the U.S. Attorney’s Office Criminal Division in Newark.

Jicarilla Apache Man Pleads Guilty to Federal Drug Trafficking Charges

ALBUQUERQUE—Jordan Vigil, 27, a member of the Jicarilla Apache Nation who resides in Dulce, New Mexico, pleaded guilty this morning to a two-count indictment charging him with possession of marijuana with intent to distribute and possession of psilocin (mushrooms) with intent to distribute. Vigil entered his guilty plea without the benefit of any plea agreement.
Vigil was arrested on January 18, 2013, following the filing of the indictment on January 10, 2013. The indictment alleges that Vigil was in possession of distribution amounts of marijuana and psilocin on March 10, 2012, in Rio Arriba County. This morning, Vigil entered a guilty plea to the indictment.
At sentencing, Vigil faces a maximum penalty of five years in prison on the marijuana charge and 20 years on the psilocin charge. His sentencing hearing has yet to be scheduled.
The case was investigated by the Farmington Resident Agency of the FBI and the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

Former Afro Dogs President Convicted of Drug Conspiracy and Other Charges

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today Dewey Taylor, a/k/a Road Rash, 42, of Buffalo, New York, was convicted of conspiracy to possess with intent to distribute cocaine and structuring financial transactions following a five-week jury trial before U.S. District Judge Richard J. Arcara. Taylor faces a mandatory minimum 10 years in prison, a maximum of life, a $5,000,000 fine, or both.
According to Assistant U.S. Attorneys Thomas S. Duszkiewicz and Eric M. Opanga, who handled the prosecution of the case, the defendant is the former president of the Afro Dogs Motorcycle Club in Buffalo. Between 2006 and March 2, 2011, the defendant supplied Afro Dogs National Vice President John C. Smith, a/k/a Kazoo, with cocaine for distribution to members and non-members throughout the Buffalo area. The evidence presented by the government at trial included five months of wiretap conversations recorded on John Smith’s cellular phone. The government also presented evidence of 14 undercover purchases of cocaine from Smith.
John Smith was convicted of conspiracy to possess with intent to distribute cocaine and possession of a firearms in relation to his drug trafficking in April 2013 and is awaiting sentencing.
In addition to being found guilty of drug conspiracy, Taylor was also convicted of seven counts of structuring financial transactions to evade currency reporting requirements. On seven separate occasions, Taylor deposited funds into personal and business accounts in the name of DT Liquors at the Erie Metro Federal Credit Union. The individual deposits totaled more than $10,000, which requires the filing of a Currency Transaction Report with the Internal Revenue Service. But the defendant split the transactions into smaller amounts in an attempt to evade the reporting requirements.
The jury was unable to reach a verdict as to defendant Dale Lockwood, who was charged with conspiracy to possess with intent to distribute cocaine. Further proceedings are scheduled for June 12, 2013, at which time a new trial date will be scheduled. Furthermore, defendants William Szymanski, Anthony Burley, and Van Miller were acquitted of the same charge.
The five defendants were arrested in March 2011 along with seven other defendants who were previously convicted of related charges.
The conviction is the result of an investigation by the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division; the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel; the New York State Police, under the direction of Major Wayne Olson; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Amherst Police Department, under the direction of Chief John Askey; the Tonawanda Police Department, under the direction of Chief Anthony Palombo; the Lockport Police Department, under the direction of Chief Lawrence Eggert; and the Internal Revenue Service, under the direction of Toni M. Weirauch, Special Agent in Charge.
Dewey Taylor will be sentenced on September 5, 2013, at 12:30 p.m. before Judge Arcara.

Buffalo Man Sentenced on Drug Conspiracy Charge

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that John A. Cruz, 26, of Buffalo, New York, who was convicted of conspiracy to possess with intent to distribute heroin, was sentenced by U.S. District Judge William M. Skretny to 58 months in prison.
Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between December 2009 and August 17, 2010, Cruz sold quantities of heroin to other members of a drug conspiracy that was the subject of an ongoing criminal investigation. At the time of his arrest, the defendant was awaiting sentencing on other federal drug distribution charges.
Williams was arrested along with 22 others in August 2010 for narcotics trafficking. To date, 16 defendants have been convicted.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division; the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero; the Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Votour; and the Niagara Frontier Transit Authority Police, under the direction of Chief George Gast.