Wednesday, June 5, 2013

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.

Tuesday, June 4, 2013

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.

Monday, June 3, 2013

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.