Wednesday, January 30, 2013

Former Waianae Couple Sentenced to Prison for Operating Gambling Business and Structuring More Than $100,000

HONOLULU—Lloyd Robert Marshall, age 67, and Nitta Mitsuko Marshall, age 65, former Waianae residents, yesterday were sentenced to terms of imprisonment of 36 months and 18 months, respectively, for conspiring to conduct, operate, finance, supervise, and direct an illegal gambling business involving cockfighting, dice tables, and card games at their Puuhulu Road property in Waiana, as well as for 13 counts of structuring over $239,000 in proceeds during a one-year period from the illegal gambling business to evade certain regulations relating to currency transactions. Under federal law, a Currency Transaction Report must be filed by a financial institution with the Internal Revenue Service in regard to any currency transaction over $10,000. It is illegal to structure transactions with financial institutions in order to avoid this filing requirement.
Florence T. Nakakuni, United States Attorney for the District of Hawaii, said that according to documents filed in connection with the case, from approximately 2009 to July 2011, the Marshalls agreed to use their property as a site of illegal cockfighting contests and dice and card games. Police observed from 100 to 600 people at these “derbies.” People attending the games paid parking and entrance fees. The Marshalls also forfeited $170,578.75 in cash, representing gambling proceeds that were seized on July 2, 2011, during a search warrant executed on their property and their interest in real property used as the venue for the illegal gambling activities.
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations, and the Honolulu Police Department. Assistant United States Attorney Beverly Wee Sameshima handled the prosecution.

Former Michigan Supreme Court Justice Diane Marie Hathaway Pleads Guilty to Bank Fraud

Diane M. Hathaway, a former Michigan Supreme Court Justice, pleaded guilty today to committing bank fraud in connection with a property owned at 15834 Lakeview Court, Grosse Pointe Park, Michigan, United States Attorney Barbara L. McQuade announced today. McQuade was joined in the announcement by Special Agent in Charge Robert D. Foley, III of the Federal Bureau of Investigation (FBI), and Michigan Attorney General Bill Schuette.
During a hearing this morning before United States District Judge John Corbett O’Meara, Hathaway, 58, of Grosse Pointe, Michigan, admitted that between 2010 and 2011, she knowingly engaged in a scheme to defraud ING Direct bank by concealing assets from the bank to qualify for a “short sale.” A short sale is a forgiveness of debt by the bank to a borrower who claims financial hardship.
Based on her guilty plea and felony conviction for committing bank fraud, Hathaway is facing a maximum of 30 years in prison, a fine of up to $1,000,000, and up to five years of supervised release.
United States Attorney McQuade said, “We have made mortgage fraud a priority in this district because of the harm this crime causes to our housing markets in the aggregate. Homeowners who play by the rules should know that those who don’t will be held accountable, no matter who they are.”
Robert Foley, Special Agent in Charge of the FBI said, “Regardless of a person’s stature or position in life, we must all follow the same set of rules. In this case, an individual in a prominent position of public trust made extremely poor choices that have resulted in criminal activity. The FBI is committed to stopping these illegal acts.”
Michigan Attorney General Bill Schuette said, “Public corruption scandals have damaged the public’s trust in government and tarnished our state’s reputation. But today, we begin to move forward, beyond the cloud of controversy that hung over our state’s Supreme Court. I appreciate the hard work of U.S. Attorney Barbara McQuade and FBI Special Agent in Charge Bob Foley, who brought this case to a swift and just end.”
This case was investigated by the FBI, with assistance from Michigan Attorney General’s Office.

Former Dockworker Sentenced to 30 Months in Prison for Extortion Conspiracy Involving Christmastime Tribute Payments

NEWARK—A former International Longshoremen’s Association (ILA) member was sentenced to 30 months in prison today for conspiring to extort ILA Local 1235 longshoremen on the New Jersey piers for Christmastime tribute payments, New Jersey U.S. Attorney Paul J. Fishman and Eastern District of New York U.S. Attorney Loretta E. Lynch announced.
Edward Aulisi, 53,of Flemington, New Jersey, previously pleaded guilty before U.S. District Judge Dennis M. Cavanaugh in Newark federal court to conspiring to extort Christmastime tributes from the ILA Local 1235 members—count three of the second superseding indictment against him.
According to documents filed in this case and statements made in court:
Edward Aulisi conspired with his father, Vincent Aulisi—the former president of ILA Local 1235 who succeeded another co-defendant, Albert Cernadas—and Michael Coppola, a Genovese organized crime family captain, in the scheme. Coppola was convicted in July 2009 following a trial in the Eastern District of New York of racketeering and racketeering conspiracy, based in part on acts relating to extortion and wire fraud concerning ILA Local 1235.
Edward Aulisi admitted he participated in telephone calls in furtherance of the extortion conspiracy in March 2007 with Coppola—who was then a fugitive from a New Jersey state murder after having been served with a summons to provide DNA in 1996. Edward Aulisi agreed that he passed information to Coppola on the calls—specifically that Cernadas had told Vincent Aulisi the Christmastime extortion scheme would cease once Cernadas left the presidency, and Vincent Aulisi stated it would continue. Edward Aulisi also admitted Vincent Aulisi had asked him to tell Coppola the Christmastime extortion collections had almost doubled.
Edward Aulisi admitted it had been his intention to deliver Christmastime tribute money extorted from ILA Local 1235 members to Coppola had Coppola not been arrested shortly after the phone calls.
In addition to the prison term, Judge Cavanaugh sentenced Edward Aulisi to two years of supervised release and fined him $10,000.
Coppola is serving a 16-year prison term on his conviction.
U.S. Attorneys Fishman and Lynch credited the FBI in New Jersey and New York and the Department of Labor’s Office of Inspector General with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Jacquelyn M. Kasulis and Jack Dennehy of the U.S. Attorney’s Office, Eastern District of New York, and Assistant U.S. Attorney Anthony Mahajan, of the U.S. Attorney’s Office, District of New Jersey.

Tuesday, January 29, 2013

Connecticut RMBS Trader Charged with Securities Fraud, Defrauding TARP Program

NEW HAVEN, CT—A federal grand jury sitting in New Haven has returned a 16-count indictment charging Jesse C. Litvak, 38, of New York, with securities fraud, Troubled Asset Relief Program (TARP) fraud, and making false statements to the federal government, announced U.S. Attorney for the District of Connecticut David B. Fein and Special Inspector General for the Troubled Asset Relief Program (SIGTARP) Christy Romero. The indictment alleges that Litvak, while a registered broker-dealer and managing director at Jefferies & Co. Inc., engaged in a scheme to defraud customers on residential mortgage-backed securities (RMBS) trades. Litvak’s victims are alleged to have included numerous investment funds, including six funds that the Department of Treasury established in 2009, as part of the federal government’s response to the financial crisis.
The indictment was returned on January 25, 2013, and Litvak was arrested at his home this morning by SIGTARP agents.
This prosecution has been brought in coordination with the RMBS Working Group and relates to alleged fraud committed against the government in response to the financial crisis through the pooling and sale of RMBS. The RMBS Working Group is a joint federal and state initiative created last year to investigate those responsible for misconduct contributing to the financial crisis. RMBS were pools of mortgages deposited into trusts and then sold as securities to investors who were to receive a stream of income from the mortgages packaged in the RMBS.
“As alleged, the defendant defrauded six funds established by Treasury and funded principally with government bailout money,” said U.S. Attorney Fein. “Illegally profiting from a federal program designed to assist our nation in recovering from one of our worst economic crises is reprehensible. I commend SIGTARP for its diligent work on this ongoing investigation. The U.S. Attorney’s Office and our RMBS Working Group partners are committed to investigating fraud and abuse that helped lead to the 2008 financial crisis, as well any fraud related to the government’s response to the crisis.”
“As most Americans tried to keep their heads above water during the financial crisis, Jesse Litvak is charged with trying to profit from the taxpayer-funded bailout known as TARP,” said Special Inspector General for TARP Romero. “The charges paint a picture of Litvak shamelessly lying to dupe the government into overpaying for mortgage securities with bailout funds. Today’s charges should stand as a warning to all who target bailout money: We will work with our partners to uncover and stop bailout crime and to investigate, prosecute and punish those responsible. I want to commend United States Attorney David Fein for his commitment to fighting TARP-related crime.”
As detailed in the indictment, in 2009, the Department of Treasury began the Legacy Securities Public-Private Investment Program (PPIP), in response to the financial crisis, using more than $22 billion of bailout money from TARP to restart the trading market for certain kinds of RMBS, among other troubled securities. Over 100 firms applied to manage one of the nine PPIP funds established under the program, each of which received between $1.4 billion and $3.7 billion of bailout money from TARP to invest alongside private capital.
According to the indictment, Litvak was a senior trader and managing director at Jefferies & Co. Inc., a global securities and investment banking firm headquartered in New York. Jefferies also has a trading floor in Stamford, Connecticut, where Litvak and other members of its Mortgage and Asset-Backed Securities trading group worked. The indictment alleges that Litvak engaged in a scheme to defraud based on two different types of misrepresentations. In certain transactions, Litvak misrepresented the RMBS seller’s asking price to the buyer or misrepresented the buyer’s price to the seller, keeping the difference between the price paid by the buyer and the price paid to the seller for Jefferies. In other transactions, Litvak misrepresented to the RMBS buyer that bonds held in Jefferies’ inventory were being offered for sale by a fictitious third-party seller invented by Litvak, which allowed Litvak to charge the buyer an extra commission that Jefferies was not entitled to.
Through these schemes, it is alleged that Litvak defrauded six PPIP funds and multiple private investment funds of a total of more than $2 million.
The indictment charges Litvak with 11 counts of securities fraud, which carry a maximum term of 20 years in prison on each count; one count of TARP fraud, which carries a maximum term of 10 years in prison; and four counts of making false statements to the federal government, which carry a maximum term of five years in prison on each count.
The case is assigned to U.S. District Judge Janet C. Hall in New Haven.
Today’s announcement is part of the ongoing efforts of President Obama’s Financial Fraud Enforcement Task Force’s RMBS Working Group, a federal and state law enforcement effort focused on investigating fraud and abuse in the RMBS market that helped lead to the 2008 financial crisis. The RMBS Working Group, which is chaired by Attorney General Eric Holder, brings together more than 200 attorneys, investigators, analysts, and staff from dozens of state and federal agencies including the Department of Justice, 10 U.S. Attorneys’ Offices, the FBI, the Securities and Exchange Commission, the Department of Housing and Urban Development (HUD), HUD’s Office of Inspector General, the Federal Housing Finance Agency’s Office of Inspector General, the Office of the Special Inspector General for the Troubled Asset Relief Program, the Federal Reserve Board’s Office of Inspector General, the Recovery Accountability and Transparency Board, the Financial Crimes Enforcement Network, and more than 10 state Attorneys General offices around the country.
This case is being prosecuted by Assistant U.S. Attorneys Jonathan Francis and Eric Glover.
The RMBS Working Group is led by five co-chairs: Assistant Attorney General for the Justice Department’s Criminal Division Lanny Breuer, Principal Deputy Assistant Attorney General for the Justice Department’s Civil Division Stuart Delery, U.S. Attorney for the District of Colorado John Walsh, Director of Enforcement for the SEC Robert Khuzami, and New York State Attorney General Eric Schneiderman. The RMBS Working Group Coordinator is Matthew Stegman. For more information about the RMBS Working Group and the Financial Fraud Enforcement Task Force, please visit: www.stopfraud.gov.

Four Defendants Sentenced to a Total 377 Months in Prison in Operation Stateline Sweep

TEXARKANA, AR—Conner Eldridge, United States Attorney for the Western District of Arkansas, announced that four defendants were sentenced this week as a result of charges brought during Operation Stateline Sweep, a drug trafficking investigation that took place in 2011. All but one of the individuals sentenced were part of a 190-count indictment filed in September 2011 that named 66 defendants. The Honorable Susan O. Hickey presided over the cases in federal court in Texarkana, Arkansas.
United States Attorney Eldridge commented, “The prosecution of criminal investigations that involve a large number of defendants takes time and perseverance. We will continue to make progress on the charges brought as a result of Operation Stateline Sweep until every defendant has been brought to justice.”
Ulysses McClinton, age 33 of Texarkana, Arkansas, was sentenced Tuesday to 57 months in prison without the possibility of parole and three years of supervised release. McClinton pleaded guilty on September 18, 2012, to distributing 27 grams of crack cocaine. The indictment states that the charged conduct occurred on September 22, 2010.
Donte Williams, age 43 of Texarkana, Texas, was sentenced Tuesday to 140 months in prison without the possibility of parole and three years of supervised release. Williams originally pleaded guilty to distribution of crack cocaine and use and carry of a firearm during a drug trafficking crime on April 27, 2012. According to the indictment, the charged conduct occurred on April 5 and April 28, 2011.
Emmanuel Baker, age 22 of Texarkana, Arkansas, was sentenced Wednesday to 60 months in prison without the possibility of parole and three years of supervised release for using and carrying a firearm during and in relation to a drug trafficking crime. Baker originally pleaded guilty on September 18, 2012. The indictment states that the charged conduct occurred on January 28, 2011.
Anthony Morine, age 43 of Texarkana, Texas, was sentenced Wednesday to 120 months in prison without the possibility of parole and eight years of supervised release for distributing more than 28 grams of crack cocaine within 1,000 feet of a public housing authority facility. Morine was originally charged in a one count indictment on March 7, 2012. The indictment states that Morine distributed crack cocaine on September 2, 2011, near Ingram Homes in Texarkana. Morine pleaded guilty to the charge on August 31, 2012.
The cases were investigated by the Bi-State Narcotics Task Force, which is composed of representatives of the Texarkana Arkansas Police Department, the Texarkana Texas Police Department, the Miller County Sheriff’s Office, and the FBI. Assistant United States Attorney Matthew Quinn is prosecuting the cases for the United States.

Saturday, January 26, 2013

Gambino Organized Crime Family Associate John Burke Sentenced to Life Imprisonment for Racketeering and Murder

John Burke, a longtime associate of the Gambino organized crime family of La Cosa Nostra (the “Gambino family”), was sentenced today to life imprisonment without parole plus 10 years for the murder of a rival drug dealer in aid of racketeering, racketeering conspiracy, and other charges. On June 8, 2012, following a four-week trial before United States District Judge Sterling Johnson, Jr. in Brooklyn federal court, Burke was convicted of all charges in the superseding indictment.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York.
As established at trial, Burke was a trusted Gambino family enforcer and drug dealer for nearly three decades. As part of the racketeering conspiracy, Burke participated in numerous acts of violence, including fatal shootings and home-invasion robberies, as well as drug trafficking involving cocaine and marijuana. Burke was convicted of two murder predicate acts, including the 1991 murder of Bruce Gotterup, who was shot in the back of the head on the boardwalk in the Rockaways, and the 1996 murder of John Gebert, who was slain under a pool table in a Woodhaven bar. The jury also found Burke guilty of the murder of John Gebert in aid of racketeering, murdering John Gebert as part of a continuing criminal enterprise, and a firearms charge.
Ms. Lynch expressed her appreciation to the Federal Bureau of Investigation, the New York State Department of Corrections and Community Supervision, the Queens County District Attorney’s Office, the United States Marshals Service, and the other members of the law enforcement community for their efforts in the investigation and prosecution of this case.
The government’s case was prosecuted by Assistant United States Attorneys Jacquelyn M. Kasulis, Evan M. Norris, and Whitman G.S. Knapp.
DefendantJohn Burke
Age: 51

Former CIA Officer Sentenced to 30 Months for Revealing Identity of 20-Plus-Year Covert CIA Officer

ALEXANDRIA, VA—Former CIA officer John Kiriakou, 48, of Arlington, Virginia, was sentenced to 30 months in prison, followed by three years of supervised release, for revealing to a journalist the identity of a man whose 20-plus-year career as a covert CIA agent had never been disclosed publicly. Kiriakou also admitted in court that he disclosed information revealing the role of another CIA employee in classified activities.
Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia, and Debra Evans Smith, Acting Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by United States District Judge Leonie M. Brinkema.
On October 23, 2012, Kiriakou pled guilty today to one count of intentionally disclosing information identifying a covert agent. As part of the plea agreement, the United States and Kiriakou agreed that a sentence of 30 months in prison was the appropriate disposition of this case.
“John Kiriakou betrayed the trust bestowed upon him by the United States, and he betrayed his colleagues whose secrecy is their only safety,” said U.S. Attorney MacBride. “In his own words to the FBI, John Kiriakou called actions such as his, ‘immoral’ and the potential damage done ‘terrifying.’ John Kiriakou put the life of a covert officer at risk; he put the officer’s family in danger; and he exposed our nation’s vital secrets. Oaths matter and today’s sentence should serve as reminder to those who are entrusted with classified information that damage done by leaks is not speculative or hypothetical—it is actual and substantial, and the Justice Department will hold them accountable.”
“Mr. Kiriakou was entrusted with the important responsibility of protecting the identities of America’s covert operatives,” said Acting Assistant Director in Charge Smith. “Instead of protecting this classified information, he revealed it, thereby threatening their personal safety as well as our nation’s security. Together with our intelligence community partners, the FBI will continue to investigate those who violate this special trust.”
According to court records, the case is a result of an investigation triggered by a classified filing in January 2009 by defense counsel for high-value detainees at Guantanamo Bay, Cuba. This filing contained classified information the defense had not been given through official government channels, including information about certain government employees and contractors. The investigation revealed that on multiple occasions, one of the journalists to whom Kiriakou illegally disclosed classified information, in turn, disclosed that information to a defense team investigator. This information was reflected in the classified defense filing and enabled the defense team to take or obtain surveillance photographs of government personnel. The investigation concluded that no laws were broken by the defense team.
Kiriakou was a CIA intelligence officer between 1990 and 2004, serving at headquarters and in various classified overseas assignments. Upon joining the CIA in 1990 and on multiple occasions in following years, Kiriakou signed secrecy and non-disclosure agreements not to disclose classified information to unauthorized individuals. In a statement of facts filed with his plea agreement, Kiriakou admitted that he made illegal disclosures about two CIA employees and their involvement in classified operations to two journalists (referenced as “Journalist A” and “Journalist B” in court records) on multiple occasions between 2007 and 2009.
Court records indicate that the e-mails seized during the investigation revealed that Kiriakou disclosed information to journalists about dozens of CIA officers, including numerous covert officers of the National Clandestine Service beyond the one identified in the defense filing by lawyers for the high-value detainees in Guantanamo Bay. The government raised this with the court to demonstrate that the charged conduct was in no sense aberrational or reflective of an atypical lapse of judgment.
Kiriakou admitted that, through a series of e-mails with Journalist A, he disclosed the full name of a CIA officer (referred to as “Covert Officer A” in court records) whose association with the CIA had been classified for more than two decades. In addition to identifying the officer for the journalist, Kiriakou also provided information to the journalist that linked the officer to a CIA counterterrorism program known as the Rendition, Detention, and Interrogation (RDI) Program and a particular RDI operation.
In addition, Kiriakou admitted that he disclosed to Journalists A and B the name and contact information of a CIA officer, identified in court records as “Officer B,” along with his association with an operation to capture terrorism subject Abu Zubaydah in 2002. Kiriakou knew that the association of Officer B with the Abu Zubaydah operation was classified. Based in part on this information, Journalist B subsequently published a June 2008 front-page story in The New York Times disclosing Officer B’s alleged role in the Abu Zubaydah operation.
Kiriakou provided this information to journalists without inquiring what the journalists would do with the information. Without Kiriakou’s knowledge, Journalist A passed the information he obtained from Kiriakou to an investigator assisting in the defense of high-value detainees at Guantanamo Bay. The investigator had been unable to successfully identify either officer until he received this information from Journalist A, which led to Officer B being secretly photographed and his photographs being tendered to high-value terrorist detainees—a result Kiriakou himself described as “terrifying.”
Kiriakou also admitted that he lied to the CIA regarding the existence and use of a classified technique, referred to as a “magic box,” while seeking permission from the CIA’s Publications Review Board to include the classified technique in a book.
This case was investigated by the FBI’s Washington Field Office, with assistance from the Central Intelligence Agency and the Air Force Office of Special Investigations. Assistant U.S. Attorneys Iris Lan of the Southern District of New York, Mark E. Schneider and Ryan Fayhee of the Northern District of Illinois, and W. Neil Hammerstrom, Jr. of the Eastern District of Virginia are prosecuting the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae.

Singer in Rock Band Charged in Multi-Million-Dollar Loan Fraud Case

LOS ANGELES—The frontman of a Los Angeles-based rock band called Lights Over Paris has been charged with submitting false documents to banks to fraudulently obtain millions of dollars worth of loans, money that he allegedly used to fund his band and his lavish lifestyle.
Robert Brandon Mawhinney, who turns 30 today and whom authorities believe currently resides in the luxury WaterMarke Tower in downtown Los Angeles, was ordered detained yesterday afternoon by a federal judge.
During the hearing yesterday afternoon in United States District Court, United States Magistrate Judge Charles F. Eick ordered Mawhinney held without bond after determining that he posed a flight risk, given Mawhinney’s frequent travel abroad, conflicting information about his finances, and the fact that he had sent hundreds of thousands of dollars to Cyprus.
Mawhinney, who uses the stage name Robb “TaLLLLL” University, was arrested at Miami International Airport earlier this month after he returned from a trip to Buenos Aires. He was subsequently transported to Los Angeles by the United States Marshals Service. Mawhinney was arrested pursuant to a criminal complaint that alleges he applied for loans by submitting phony brokerage statements that falsely showed that he had almost $8 million in assets. The phony statements were altered versions of real statements that showed less than $10,000 in the brokerage accounts.
According to the affidavit in support of the criminal complaint, between August 2009 and April 2011, Mawhinney obtained four loans from Comerica Bank totaling approximately $6.25 million. Mawhinney defaulted on the loans, causing Comerica to suffer losses of approximately $6 million.
Mawhinney allegedly told bank officials that he needed the money to fund his music business and to purchase recording equipment. According to investigators, Mawhinney used the money from the Comerica loans and loans from other banks to pay for travel, entertainment, and a luxury tour bus that cost well over $750,000.
The other banks that issued loans to Mawhinney and suffered losses were JP Morgan Chase, Zions Bank, and Bank of America, according to court documents.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Mawhinney is charged with making a false statement in a loan application. If he is convicted of the charge in the criminal complaint, Mawhinney would face a maximum statutory penalty of 30 years in federal prison. Mawhinney is scheduled to be arraigned in this case on February 11.
In a related case that was unsealed late yesterday, two former Mawhinney associates were charged with conspiracy to commit loan fraud. Matt Salazar, 29, of Valley Village, and his brother, Jason Salazar, 28, of Grover Beach and Fresno, have agreed to plead guilty.
The Salazar brothers, who are co-owners of the Burbank-based Matt Salazar Recording Productions and part-owners of LA Sound Gallery, also based in Burbank, admitted in court documents that they provided false documents to Bank of America, Greystone Bank, and Huntington National Bank to obtain about $1.7 million in loans for their music business.
Mawhinney also used the Salazars’ studio to bolster his own fraudulent loan applications. Mawhinney met with a Comerica loan officer at their recording studio and falsely claimed to be an owner of the studio.
The case against the Salazars has been assigned to United States District Judge Judge Cormac J. Carney, who will schedule a hearing for the brothers to enter their guilty pleas. Once they plead guilty, each of the Salazar brothers will face a statutory maximum penalty of five years in federal prison.
The cases against Mawhinney and the Salazar brothers are the product of an investigation by the Federal Bureau of Investigation and IRS-Criminal Investigation.

Individual Pleads Guilty to Identity Fraud and Impersonating an OSHA Official in Wake of Gulf Oil Spill

WASHINGTON—Connie M. Knight, 46, previously of Belle Chasse, Louisiana, pleaded guilty in federal court in New Orleans today to three felony criminal charges and one misdemeanor criminal charge for creating false identification documents and impersonating a federal official, announced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division, and Dana Boente, U.S. Attorney for the Eastern District of Louisiana.
According to the plea agreement, in the wake of the Deepwater Horizon oil spill, Knight impersonated a high-ranking Occupational Safety and Health Administration (OSHA) hazardous waste safety instructor and inspector in order to collect money from individuals who hoped to work on the cleanup effort that followed the spill. The plea agreement describes Knight’s methods, which included creating a false federal identification badge declaring that she was an “OSHA Master Level V Instructor and Inspector.” In reality, OSHA has no such designation. Knight also created false federal identification badges for her employees, who believed that they were working for OSHA. The employees were residents of Southeast Asian fishing communities in Southern Louisiana and provided Knight a way to access those communities.
From the time of the spill through the end of 2010, many fisheries were closed, and Gulf fishermen were seeking other means of employment. Knight held fake OSHA training seminars and assured attendees that they would receive lucrative employment working on the Deepwater Horizon oil spill cleanup once they paid for and completed her course. Knight did not, however, actually have any connection to the cleanup effort.
Court documents also describe the training seminars themselves. Knight required each attendee to pay between $150 and $400 cash to enter a class. She claimed her classes satisfied the various safety requirements that all individuals were to complete in order to be employed at a Deepwater Horizon hazardous waste cleanup site. Knight’s classes lasted as little as two hours, while the legitimate certifications would take at least six days of classroom training and three days of on-site training. Though many of her attendees were Vietnamese, Lao, or Cambodian, Knight spoke only English at the classes, and all materials were in English. At least some attendees later gained access to hazardous waste cleanup sites based on the fraudulent certifications created by Knight.
Producing fraudulent federal identification documents carries a maximum sentence of 15 years in prison and a fine of $250,000. Possessing a fraudulent federal identification document carries a maximum sentence of one year in prison and a fine of $100,000. The two counts of falsely impersonating a federal employee each carry a maximum sentence of three years in prison and a fine of $250,000.
This case was investigated by the U.S. Department of Labor Office of Inspector General and the U.S. Environmental Protection Agency Criminal Investigation Division, with assistance from the Occupational Safety and Health Administration, the FBI, and investigators from the Florida Fish and Wildlife Conservation Commission and the Plaquemines Parish, Louisiana Sheriff’s office.
The case is being prosecuted by Patrick M. Duggan of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Emily Greenfield of the U.S. Attorney’s Office for the Eastern District of Louisiana.

Former Humana Inc. Employee Admits to Taking Kickbacks Totaling $2 Million in an Insurance Sales Bribery Scheme

LOUISVILLE, KY—Former Humana Inc. sales manager James E. Wenger pleaded guilty in United States District Court in Louisville, Kentucky, today to charges of racketeering and bribery in connection with his former position, announced David J. Hale, United States Attorney for the Western District of Kentucky.
Wenger, age 50, of Louisville, pleaded guilty to a single count federal information charging him with taking kickbacks totaling at least two million dollars while employed as part of Humana’s sales and marketing division known as the MarketPoint Organization.
According to the plea agreement, Wenger admits that in 2005, he, along with others, met at a hotel in Florida to discuss sending insurance agents to Shep Cutler, one of the larger Managing General Agencies (MGA), and Dan McNerney, one of his business partners and also a MGA. Wenger and co-defendant Glenn Fine, another Humana employee, agreed to send insurance agents who wanted to sell Humana Medicare Advantage and Prescription Drug Plan products to Cutler and McNerney in exchange for Cutler sending payments to Wenger and Fine. The four agreed to split the override fees, and each would receive payments of 25 percent. Fine and Wenger agreed to set up fictitious businesses accounts in their wives’ names. Wenger admitted he sent agents to Cutler and McNerney’s MGAs and acknowledged his wife did not provide any service in exchange for the money received from Cutler. Wenger was not authorized by Humana to enter into a kickback relationship with Cutler and McNerney. Wenger received approximately $2,000,000 for his participation in the scheme. As a result of this kickback arrangement, Humana suffered a loss to its business and had to pay legal and other investigative costs.
At sentencing, Wenger faces a combined maximum term of five years in prison, a combined maximum fine of $250,000, and a three year period of supervised release. Wenger may also be ordered to forfeit any and all property derived from the gross proceeds of the offenses for which he has pleaded guilty. Co-defendant Glenn Fine is scheduled to make an initial appearance on February 19, 2013, in U.S. District Court located in Louisville, Kentucky.
This case is being prosecuted by Assistant United States Attorney Lettricea Jefferson-Webb and is being investigated by the Federal Bureau of Investigation (FBI) and the Department of Health and Human Services-Office of Inspector General, with assistance from Humana Inc.

Former Global Wealth Management Firm Employee Arrested on Insider Trading Charges

NEWARK—An employee of a global wealth management firm (identified only as “Brokerage Firm A”) was arrested at his home this morning on insider trading charges related to Gilead Sciences Inc.’s $11 billion acquisition of New Jersey-based Pharmasset Inc., New Jersey U.S. Attorney Paul J. Fishman announced.
Kevin Dowd, 37, of Boca Raton, Florida, is charged by criminal complaint with conspiracy to commit securities fraud. Dowd was arrested this morning by agents of the FBI at his home and is scheduled to appear this afternoon before U.S. Magistrate Judge William Matthewman in West Palm Beach, Florida federal court.
According to the complaint:
Dowd was a registered representative in Brokerage Firm A’s Aventura, Florida branch office and held the titles of second vice president and financial advisor. He joined the firm in 2005 and worked there through late October 2012. A member of Pharmasset’s board of directors was the Aventura branch’s largest customer and informed his advisors at the Aventura branch that Pharmasset was in the process of being acquired by a large pharmaceutical company and that the acquisition price was going to be in the high $130s per share.
At approximately 7:00 a.m. on Monday, November 21, 2011, Gilead publicly announced that it had entered into an agreement with Pharmasset to acquire the company for approximately $11 billion, or $137 per share in cash. The purchase price represented an approximately 89 percent premium over Pharmasset’s closing price of $72.67 on November 18, 2011. In response to the announcement, Pharmasset’s stock price increased to $134.14 per share at the close of trading on November 21, 2011.
On Friday, November 18, 2011, prior to the public announcement of the Pharmasset acquisition, however, Dowd tipped conspirator J.F., a childhood friend, about the impending Pharmasset acquisition. Immediately following the tip, J.F. transferred $196,000 into a brokerage account he controlled that previously had no money in it and that had not been used for months and purchased approximately $196,000 worth of Pharmasset stock in that account. J.F. also tipped conspirator “E.B.,” who purchased 100 highly speculative “out-of-the-money” call options in Pharmasset within minutes of J.F.’s purchase of Pharmasset stock.
A few minutes after the public announcement of the Pharmasset acquisition, Dowd called J.F. several times. Later that same morning J.F. and E.B. engaged in a series of phone calls, following which they liquidated the positions in Pharmasset they had built the previous Friday. J.F. netted an illegal profit of $163,621 based on Dowd’s tip, and E.B. made an illegal profit of $544,706 from his sale of his Pharmasset options. In exchange for the tip, J.F. gave Dowd a wooden dock for his jet skis and a cashier’s check for $35,000, which was deposited into Dowd’s bank account on January 5, 2012. Dowd used the money for an in-ground pool at his Boca Raton home.
When confronted by FBI agents in July 2012 about his conduct, Dowd admitted that he told J.F. but falsely stated that he had never received information that Pharmasset was going to be acquired by another pharmaceutical company.
The conspiracy count with which Dowd is charged is punishable by a maximum potential penalty of five years in prison and a fine of $250,000.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge David Velazquez in Newark, with the ongoing investigation leading to the criminal complaint. He also thanked the U.S. Securities and Exchange Commission’s Market Abuse Unit and Philadelphia Regional Office, under the direction of Daniel M. Hawke for its assistance.
The government is represented by Assistant U.S. Attorneys Gurbir S. Grewal and Mala Ahuja Harker of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Friday, January 25, 2013

Michigan Man Arrested After Making Bomb Threats to High School

SAN FRANCISCO—FBI agents arrested Jason Keith Smith, 27, of Lincoln Park, Michigan, without incident on January 22. Smith has been charged with the use of interstate communications to make threats.
Smith allegedly used his cellular phone to make bomb threats, claiming he had hidden explosives in San Benito High School in Hollister, California, and threatening to detonate the device.
After making his initial appearance today in the U.S. District Court for the Eastern District of Michigan, he will be prosecuted by the U.S. Attorney’s Office for the Northern District of California.
The arrest was the result of a thorough joint investigation with the Hollister Police Department.

Three Alleged International Cyber Criminals Responsible for Creating and Distributing Virus That Infected Over One Million Computers and Caused Tens of Millions of Dollars in Losses Charged in Manhattan Federal Court

Preet Bharara, the United States Attorney for the Southern District of New York; Lanny A. Breuer, the Assistant Attorney General of the U.S. Department of Justice’s Criminal Division; and George Venizelos, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI), announced today the unsealing of indictments against three individuals who played critical roles in creating and distributing the Gozi virus, one of the most financially destructive computer viruses in history. The Gozi virus infected over one million computers globally and caused tens of millions of dollars in losses. Nikita Kuzmin, a Russian national who created the Gozi virus, was arrested in the U.S. in November 2010 and pled guilty before U.S. District Judge Leonard B. Sand to various computer intrusion and fraud charges in May 2011. Deniss Calovskis, a/k/a “Miami,” a Latvian national who allegedly wrote some of the computer code that made the Gozi virus so effective, was arrested in Latvia in November 2012. Mihai Ionut Paunescu, a/k/a “Virus,” a Romanian national who allegedly ran a “bulletproof hosting” service that enabled cyber criminals to distribute the Gozi virus, the Zeus trojan, and other notorious malware and to conduct other sophisticated cyber crimes, was arrested in Romania in December 2012.
Manhattan U.S. Attorney Preet Bharara said, “In an information-age update on Willie Sutton, these men allegedly ran a modern day bank robbery ring, and like Sutton, they targeted banks because that’s where the money still is. But as we have seen with increasing frequency, cyber criminals’ bank heists require neither a mask nor a gun, just a clever program and an Internet connection. This case should serve as a wake-up call to banks and consumers alike, because cyber crime remains one of the greatest threats we face, and it is not going away any time soon.”
FBI Assistant Director in Charge George Venizelos said, “This long-term investigation uncovered an alleged international cyber crime ring whose far-reaching schemes infected at least one million computers worldwide and 40,000 in the U.S. and resulted in the theft or loss of tens of millions of dollars. Banking trojans are to cyber criminals what safe-cracking or acetylene torches are to traditional bank burglars—but far more effective and less detectable. The investigation put an end to the Gozi virus.”
According to the allegations in the indictments and the complaint unsealed today in Manhattan federal court:

The Gozi Virus
The Gozi virus is malicious computer code, or “malware,” that steals personal bank account information, including usernames and passwords, from the users of affected computers. It was named by private sector information security experts in the U.S. who, in 2007, discovered that previously unrecognized malware was stealing personal bank account information from computers across Europe on a vast scale, while remaining virtually undetectable in the computers it infected. To date, the Gozi virus has infected over one million victim computers worldwide, among them at least 40,000 computers in the U.S., including computers belonging to the National Aeronautics and Space Administration (NASA), as well as computers in Germany, Great Britain, Poland, France, Finland, Italy, Turkey, and elsewhere, and it has caused tens of millions of dollars in losses to the individuals, businesses, and government entities whose computers were infected.
The Gozi virus was distributed to victims’ computers in several different ways. In one method, the virus was disguised as an apparently benign .pdf document which, when opened, secretly installed the Gozi virus on the victim’s computer. Once installed, the Gozi virus—which was intentionally designed to be undetectable by anti-virus software—collected data from the infected computer in order to capture personal bank account information including usernames and passwords. That data was then transmitted to various computer servers controlled by the cyber criminals who used the Gozi virus. These cyber criminals then used the personal bank account information to transfer funds out of the victims’ bank accounts and ultimately into their own personal possession.
The Creation of the Gozi Virus
Kuzmin conceived of the Gozi virus in 2005 when he created a list of technical specifications for the virus and hired a sophisticated computer programmer (CC-1) to write its source code, which is the unique code that enabled the Gozi virus to operate. Once the Gozi virus had been coded, Kuzmin began providing it to co-conspirators in exchange for a weekly fee through a business he ran called “76 Service.” Through 76 Service, Kuzmin made the Gozi virus available to co-conspirators, allowed them to configure the virus to steal data of their choosing, and stored the stolen data for them. He advertised 76 Service on one or more Internet forums devoted to cyber crime and other criminal activities. Beginning in 2009, Kuzmin began to sell the Gozi virus outright to his co-conspirators.
The Refinement of the Gozi Virus
Kuzmin and his co-conspirators regularly paid others to refine, update, and improve the Gozi virus. For example, Calovskis, a co-conspirator, was hired to develop certain computer code, known as “web injects,” which altered how the webpages of particular banks appeared on infected computers. Specifically, Calovskis’s web injects changed the webpages of banks so that, when a victim used an infected computer to access the webpage, the victim was tricked into divulging additional personal information that cyber criminals would need in order to successfully steal money from the victim’s bank account. One web inject Calovskis designed altered the customer welcome page of a bank so that the victim was prompted to disclose additional personal information—mother’s maiden name, Social Security number, driver’s license information, and a PIN code—in order to continue accessing the website.
The Gozi Virus and Bulletproof Hosting Services
”Bulletproof hosting” services helped cyber criminals distribute the Gozi virus with little fear of detection by law enforcement. Bulletproof hosts provided cyber criminals using the Gozi virus with the critical online infrastructure they needed, such as Internet protocol (“IP”) addresses and computer servers, in a manner designed to enable them to preserve their anonymity.
Paunescu operated a “bulletproof host” that helped cyber criminals distribute the Gozi virus and commit other cyber crimes, such as distributing malware including the “Zeus trojan” and the “SpyEye trojan,” initiating and executing distributed denial of service (DDoS) attacks, and transmitting spam. Paunescu rented servers and IP addresses from legitimate Internet service providers and then in turn rented them to cyber criminals; provided servers that cyber criminals used as command-and-control servers to conduct DDoS attacks; monitored the IP addresses that he controlled to determine if they appeared on a special list of suspicious or untrustworthy IP addresses; and relocated his customers’ data to different networks and IP addresses, including networks and IP addresses in other countries, to avoid being blocked as a result of private security or law enforcement scrutiny.
* * *
A chart setting forth the names, ages and residences of the defendants, the charges each defendant faces, and the statutory maximum penalty associated with these charges is at the conclusion of this release. Extradition proceedings against Calovskis in Latvia and Paunescu in Romania are ongoing.
The case against Paunescu is being prosecuted jointly with the Department of Justice’s Computer Crime and Intellectual Property Section (CCIPS), which is overseen by Assistant Attorney General Lanny A. Breuer. Mr. Bharara thanked CCIPS for its important partnership in this matter, and he also thanked the Department of Justice’s Office of International Affairs. Mr. Bharara praised the FBI for its outstanding work in the investigation, which he noted is ongoing. He also specially thanked the National Aeronautics and Space Administration Office of Inspector General, the Central Criminal Police Department of the Latvian State Police, the Romanian Intelligence Service, the Romanian Directorate for Combating Organized Crime, the Romanian Directorate for Investigating Organized Crime and Terrorism, and the Romanian Ministry of Justice.
The cases are being handled by the Complex Frauds Unit of the United States Attorney’s Office. Assistant United States Attorneys Sarah Lai, Nicole Friedlander, and Thomas G.A. Brown, along with Trial Attorney Carol Sipperly of the Computer Crime and Intellectual Property Section of the Department of Justice on the Paunescu case, are in charge of the prosecution.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Murder-for-Hire: Web Hits of a Deadly Kind

01/17/13
Marissa Mark wanted someone dead—her ex-boyfriend’s new girlfriend, to be precise. And she found a way to have it done…from her computer.

In September 2006, the Pennsylvania resident and recent college graduate logged on to HitmanForHire.net, a site often misinterpreted as a joke. But it was no laughing matter for Mark, who spelled it out very clearly: “I…want her done by [a] shot to the head.”

And the “hitman for hire” on the other end? Las Vegas poker dealer Essam Ahmed Eid, an Egyptian national who was apparently looking for a little something to do on the side. After demanding a $37,000 fee from Mark—who came up with a “down payment” by stealing credit card information she had access to at the collections agency where she worked—Eid drove to the Los Angeles area, where he showed up at the workplace of the 23-year-old intended victim.


 Keeping the Hits from Happening
As with the rest of the Bureau’s work, our ultimate goal in murder-for-hire cases is prevention. We maximize our resources by working many cases jointly with local and state authorities through our 35 Violent Crime Task Forces nationwide and by tapping into federal racketeering laws, our undercover and surveillance capabilities, and our staple of informants. Following are examples of some of our recent murder-for-hire preventions.
- A California man was sentenced to six years in prison for soliciting a hitman to kill three people, including his wife, because of a decade-old business dispute. He ordered the killings to take place only after the victims were tortured and forced to pay $15 million to his offshore bank account. Details
- The co-owner of a Texas gentleman’s club admitted trying to hire individuals from Mexico to kill the mayor of Arlington, Texas and a Dallas attorney because of their roles in the club’s closing. Details
- A convicted terrorist in North Carolina was found guilty of conspiring to pay a hitman to murder and behead three witnesses and law enforcement officers who testified against him. Details
- A Texas inmate was charged with soliciting the murder-for-hire of the judge assigned to his case because he believed the judge would sentence him to more than 20 years in prison. Details
- An Alabama woman was sentenced to 10 years in prison for attempting to hire someone to kill her ex-husband with a poison cocktail of prescription medication supplied, in part, by her mother. Details
- An Idaho man was sentenced to 50 years in prison for hiring his handyman to install a pipe bomb on his wife’s car in an effort to kill her and his mother-in-law. Details

Eid presented the young woman with a dossier of sorts—photos of her, e-mails concerning the plan—and then paused. “You remind me of my daughter,” he said. He told the victim she could have three days to pay off the contract, and he would let her live. Panicked, she notified authorities.

The case went to Special Agent Ingerd Sotelo, from the FBI’s Los Angeles Field Office. Sotelo discussed the particulars with the victim and had her make recorded phone calls pleading for more time to come up with the money…but Eid went radio silent.

Having identified Eid by this point and acting on a hunch that he had fled the country, Sotelo traced Eid to Ireland. She learned that he had recently been arrested for burglary and extortion, but thought there might be more to it than that—she was right. Eid had crossed the pond and committed those crimes because of another hit ordered through his website—and smuggled in homemade ricin in his contact lens case, to boot.

Murder-for-hire with an interstate nexus became a federal crime in 1958, but our involvement in these cases goes back at least to the 1930s and the days of the notorious Mafia hit squad Murder, Inc. And—according to Special Agent Janelle Miller, head of our Violent Crimes Unit—they’re more common than you might think, “We do a lot of them,” she said; 140 cases not tied to organized crime are currently pending, many of which involve inmates. “The names change, the story doesn’t,” said Miller, “but there is a threshold. It can’t just be, ‘I’m going to kill my lawyer,’ and that’s it.”

Sotelo agrees. “A lot of people might say they want someone dead, she explained, “but unless you do something to put it in action, you haven’t committed a crime.”

As for Eid…after serving a six-year prison term in Ireland, he was extradited to the U.S., where he pled guilty to extortion charges and was sentenced in 2011 to 33 months in prison. And Mark received six years for ordering the hit and using stolen credit cards.

But did Eid kill anyone? “I never could find that he actually did,” said Sotelo, “but he had all the stuff he needed,” including a pistol with a silencer, a castor bean plant, and a ricin recipe (he had also attempted to order cyanide). Thankfully, he never got to use it.

Watch White Collar and Help FBI Solve Real-Life Crimes

As if tonight’s season premier of the TV show White Collar wasn’t enough, the FBI and USA Network have teamed up to give fans even more to get excited about—Real-Life White-Collar Crimes.
Now, for the first time ever, White Collar followers can get a look at some of the FBI’s open cases and help catch the bad guys by sharing tips with us.

Real-Life White-Collar Crimes will include photos and investigative information about actual unsolved high-end thefts—from artwork to artifacts, antiques, and more. An open case will be featured during each show this season, and more Real-Life White-Collar Crimes can be found in the online gallery at www.usanetwork.com/series/whitecollar/features/reallifecrimes/ (beginning after tonight’s show).

Wednesday, January 23, 2013

Murder Charges Added for 2011 New Year's Day Robbery and Killing on Red Lake Indian Reservation

MINNEAPOLIS—A federal superseding indictment unsealed earlier today charges a previously indicted man with murder in connection to the deaths of a couple on the Red Lake Indian Reservation on New Year’s Day 2011. Kevin John Needham, 21, previously charged with one count of robbery, has now also been charged with two counts of murder in the first degree and two counts of murder in the second degree. The superseding indictment, originally filed under seal on January 15, 2013, was unsealed today, after Needham’s initial court appearance on the murder charges.
The charges against Needham’s four co-defendants remain unchanged. All four were indicted on two counts of murder in the first degree, two counts of murder in the second degree, and one count of robbery. The four co-defendants include Geshik-O-Binese Martin, age 30; Edward McCabe Robinson, age 28; David John Martin, age 46, of Columbia Heights; and George Allen Martin, age 24, of Red Lake. All four are in federal custody.
The original indictment alleges that on January 1, 2011, Needham, Robinson, and the Martins killed Craig David Roy and Darla Ann Beaulieu while stealing money and illegal drugs from Roy’s reservation residence. The bodies of Beaulieu and Roy were found in the remains of the house, which was destroyed by fire on that day. Autopsies determined that both victims were killed as a result of multiple stab wounds and not the fire itself.
If convicted of murder, Needham, Robinson, and the Martins face potential maximum penalties of life in federal prison. They also face a potential maximum penalty of 15 years in federal prison on the robbery charge. Because the federal criminal justice system does not have parole, convicted offenders spend virtually their entire prison sentences behind bars. Of course, actual sentences are determined by federal district court judges.
This case is the result of an investigation by the Federal Bureau of Investigation and the Red Lake Tribal Police Department, with assistance from the Minnesota Bureau of Criminal Apprehension and the State Fire Marshal. It is being prosecuted by Assistant United States Attorneys Deidre Y. Aanstad and Nathan P. Petterson.
Because the Red Lake Indian Reservation is a federal-jurisdiction reservation, some of the crimes that occur there are investigated by the FBI in conjunction with the Red Lake Tribal Police Department. Those cases are prosecuted by the U.S. Attorney’s Office.
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.

Florida Man Indicted for Federal Election Violations

WASHINGTON—A two-count superseding indictment was unsealed today in the Northern District of Florida charging a Florida resident with providing campaign contributions in the names of others and causing a presidential campaign committee to make a false statement to the Federal Election Commission (FEC), announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and Robert O. Davis, Acting U.S. Attorney for the Northern District of Florida.
Jay Odom, 56, of Destin, Florida, was charged in federal court in the Northern District of Florida with one count of providing campaign contributions in the name of another and one count of causing another to make false statements to the FEC.
The indictment alleges that in 2007, Odom directly or indirectly used personal funds aggregating more than $10,000 to reimburse individual contributions to the authorized campaign committee of a presidential candidate. As a result, Odom allegedly caused the authorized campaign committee of that presidential candidate to file reports with the FEC that falsely stated that certain individuals had made federal campaign contributions when in fact each contribution was made by Odom. According to the indictment, Odom was aware of the maximum donation that could be made by an individual to the campaign, and he knowingly devised a scheme to funnel his own money through the names of others in order to conceal from the FEC the true source and amount of the campaign contribution.
The charge of causing another person to make a false statement to the FEC carries a maximum sentence of five years in prison. The charge of providing campaign contributions in the name of another carries a maximum sentence of two years in prison.
The charges in the indictment are only allegations, and the defendant is presumed innocent unless and until proven guilty.
The superseding indictment results from an investigation by the FBI. This case is being prosecuted by Assistant U.S. Attorney Randall J. Hensel and Trial Attorney Brian K. Kidd of the Criminal Division’s Public Integrity Section.

Former Fresno Investment Advisor Pleads Guilty to Defrauding Investors of More Than $2.3 Million

FRESNO, CA—Janamjot Singh Sodhi, 35, of Fresno, a former investment advisor, pleaded guilty today to four counts of mail fraud and one count of wire fraud in connection with a scheme to defraud investors, United States Attorney Benjamin B. Wagner announced.
According to court documents, from 2005 through September 2011, Sodhi, as owner of Elite Financial Inc., solicited investments from individuals using false pretenses, promising various investment opportunities with high rates of return in a relatively short period of time. He did not use the investors’ funds for the stated investment purpose but instead used the funds to pay returns to other investors and personal expenses for himself and others. Sodhi admitted that, to lull investors into believing that their funds were secure and were being used for their intended purpose, he periodically sent them false financial statements purportedly showing the investments made on their behalf. Sodhi admitted that he had not made the investments described on the financial statements. When investors requested a return of their investments, Sodhi stalled and delayed through a variety of falsehoods. In some cases, he repaid certain investors with funds from newly acquired investors. In other cases, he provided investors with repayment checks that were insufficient, counterfeit, or drafted on a closed account.
According to the plea agreement, Sodhi never disclosed to his investors that in January 2006 the New York Stock Exchange permanently debarred him or that he was never certified by the California Department of Corporations to operate as an investment adviser in California. In January 2009, the California Department of Corporations ordered Sodhi to cease and desist from engaging in the business of an investment advisor in California. Despite his debarment and lack of certification, he continued to hold himself out to clients as a financial advisor who could buy and sell securities on behalf of clients. The total losses attributable to his scheme were approximately $2.3 million.
This case is the product of an investigation by the Federal Bureau of Investigation and the Fresno Police Department. Assistant U.S. Attorneys Kirk Sherriff and Christopher Baker are prosecuting the case.
Sodhi is scheduled to be sentenced on April 29, 2013, at 8:30 a.m. The maximum statutory penalties are 20 years in prison and a $250,000 fine on each mail fraud and wire fraud count and up to three years of supervised release. The actual sentence, however, will be determined at the discretion of the court after consideration of the Federal Sentencing Guidelines, which take into account a number of variables, and any applicable statutory sentencing factors.

Tuesday, January 22, 2013

Parking Lot Attendant Sentenced to 20 Months for Stealing $487,000 in Parking Fees from Smithsonian Museum

ALEXANDRIA, VA—Meseret Terefe, 37, of Silver Spring, Maryland, was sentenced today to 20 months in prison, followed by three years of supervised release, for stealing approximately $487,000 of visitor parking fees belonging to the Smithsonian Institution’s Steven F. Udvar-Hazy Center in Chantilly, Virginia.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Scott S. Dahl, Inspector General for the Smithsonian Institution; and Debra Evans Smith, Acting Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by United States District Judge T. S. Ellis, III.
Terefe was also ordered to pay $487,515 in restitution and forfeit the same amount, including $218,000 in cash recovered following his arrest.
Terefe pleaded guilty on September 28, 2012. According to court documents, Terefe admitted that from March 2009 and continuing through July 2012, he was an employee of Parking Management Inc. (PMI) and worked as a booth attendant at the National Air and Space Museum’s Steven F. Udvar-Hazy Center parking lot. The Udvar-Hazy Center is the annex location of the Air and Space Museum and is home to the Space Shuttle Discovery and other historic aircraft. These two Smithsonian sites display the largest collection of aircraft and spacecraft in the world. PMI began managing the Center’s parking lot, which holds approximately 2,000 vehicles, in March 2009.
Terefe admitted that he began stealing parking fees in late 2009 by either repeatedly unplugging the electronic vehicle counters installed in the parking booths or by not handing customers a serialized parking ticket to display in the car windshield after they paid their entrance fee. These tactics allowed Terefe to underreport the true number of vehicles entering the facility. He and other booth attendants discussed tactics for stealing parking revenues, and Terefe stated that one of his managers approached him and demanded that Terefe pay him half of the stolen proceeds in order to continue his criminal activity.
Terefe stole between $1,800 and nearly $4,500 during a daily shift working at the Smithsonian, and the three-year loss to the Smithsonian attributable to Terefe is approximately $487,000. Terefe stored a portion of the cash proceeds at his residence in Silver Spring and used some of the proceeds to purchase an interest in commercial property in Ethiopia.
The investigation was initiated by the Smithsonian Office of the Inspector General and jointly investigated by the FBI’s Washington Field Office. Assistant United States Attorney Jasmine Yoon from the U.S. Attorney’s Office for the Eastern District of Virginia’s Financial Crimes and Public Corruption Unit and Special Assistant United States Attorney James McDonald prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae.

Reward Offered in Exchange for Information Leading to the Conviction of the AK-47 Bandit Increased to $100,000

A reward of up to $100,000 is being offered in exchange for information leading to the arrest of a suspect who shot and wounded a Chino Police officer after robbing a bank last year and who has since been linked to additional bank robberies in other states. The increased reward and publicity campaign was announced a joint press conference this morning held by the FBI’s Assistant Director in Charge in Los Angeles, Bill Lewis; the Chief of Police of the Chino Police Department, Miles Pruitt; the Chief of Police of the North Bend, Washington Police Department, Mark Toner; and the Chief of Police of the Rexburg, Idaho Police Department, Shane Turman.
On Wednesday, February 29, 2012, the California Bank and Trust on 5455 Riverside Drive in Chino, California, was robbed by a white male, described as 25-40 years old, with a stocky build. The suspect was armed with an assault rifle, similar to an AK-47, with a sling and drum magazine. Following the robbery, a police officer patrolling the area came upon the bank robbery suspect who was fleeing the bank. The suspect fired upon the officer and seriously wounded him. During and following the robbery, the suspect wore body armor over a dark-colored collared short-sleeved shirt and blue pants, as well as a ski mask covering his face.
The suspect was seen leaving the scene in a vehicle described as a dark gray Nissan Maxima with four doors and tinted windows.
Prior to the bank robbery, a threat was called into the 911 dispatch center from a payphone in the general vicinity of the bank by a male caller. Investigators believe the suspect employed a diversionary tactic in an attempt to delay officers responding to the bank robbery.
Since the Chino robbery and attempted murder of the police officer, the suspect has been linked to additional bank robberies and one attempt.
The suspect is also believed to be connected to the March 12, 2012, robbery of the Bank of the West on the 1000 block of Helen Power Drive in Vacaville, California. He may also have been involved in an attempted robbery three days prior on March 9, 2012, of the Tri Counties Bank on the 1700 block of Challenge Way in Sacramento, California. The suspect is believed to have used the above-described Nissan Maxima in both the Vacaville robbery and the Sacramento attempted robbery.
On July 6, 2012, a similar style take-over robbery occurred at the Chase Bank on Mt. Si Boulevard in North Bend, Washington. The suspect was armed with a AK-47 style rifle with attached drum magazine. He had a loud, deep voice with no obvious accent and threatened to shoot the tellers if they did not hurry. The suspect carried the cash by hand as he did not bring a bag. A dirty, reddish-orange Jeep Patriot or Liberty was parked out front of the bank as a getaway vehicle. It may have had out-of-state license plates with a prominent blue stripe across the top. On November 7, 2012, a robbery took place at the East Idaho Credit Union in Rexburg, Idaho. At approximately 4:30 p.m., the suspect entered the bank with what may have been an assault rifle and ordered the employees and customers into the vault. After obtaining the money, the suspect fled in a dark blue sedan with tinted windows and a red and blue license plate. He was last seen headed south on South Yellowstone Highway.
Anyone with information about this incident or the identity or whereabouts of this suspect is urged to contact investigators at a toll-free number established for this case: 1-855-9-BANDIT or send an e-mail to this address: bandit@chinopd.org. This suspect is considered heavily armed and dangerous and individuals who may come into contact with him are advised to contact law enforcement immediately and refrain from taking independent action to apprehend the suspect.
Bank surveillance photographs of the vehicle and the suspect can be found at http://www.chinopd.org/. The FBI’s wanted flyer announcing the reward can be found at: https://bankrobbers.fbi.gov/robbers-container/2012-12-07.3681698452. Information can be provided confidentially.
Billboard advertising has been donated to assist with the publicity on this case. Digital ads, to include a bank surveillance photo, the reward offer, and the toll-free number, will run for several days in the Los Angeles market, as well as other markets around the United States.
The $100,000 reward is being offered collectively by multiple entities, broken down as follows. It should be noted that each entity offering reward money attaches a separate set of criteria that must be met in order for reward money to be paid.
FBI: $50,000
City of Chino: $20,000
East Idaho Credit Union, City of Rexburg, Idaho: $20,000
California Bank & Trust: $10,000
This case is being investigated jointly by the Chino Police Department; the Rexburg Police Department; the North Bend Police Department; the Vacaville Police Department; and the Sacramento Police Department, as well as FBI offices in each of the above-mentioned jurisdictions.

Fairbanks Man Indicted in Murder-for-Hire Plot

ANCHORAGE—U.S. Attorney Karen L. Loeffler announced today that a Fairbanks-area man has been indicted by the federal grand jury for two counts of using interstate commerce facilities with the intent that a murder for hire take place in either Indiana or Michigan. The indictment returned by the grand jury charges Fairbanks area resident Eric Donald Grabber, 55, with one count of causing another person to travel from Alaska to Indiana on December 29, 2012, with the intent that a contract murder of another individual take place in either Indiana or Michigan. The indictment charges Grabber with a second count of making a cellular telephone call on January 3, 2013, from Alaska to Michigan in furtherance of the murder for hire plot.
Assistant U.S. Attorney Joseph Bottini, who presented the case to the grand jury, indicated that the law provides for a sentence of up to 10 years as well as a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation leading to the indictment in this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

Friday, January 11, 2013

Fairbanks Residents Sentenced for Conspiracy to Murder Public Officials and Weapons Violations

ANCHORAGE—U.S. Attorney Karen L. Loeffler announced today that Francis Schaffer Cox, the self-described leader of the Fairbanks-based Alaska Peacemakers Militia, was sentenced to 310 months (25 years, 10 months) in prison by Senior U.S. District Court Judge Robert J. Bryan for conspiracy to murder federal officials, solicitation to commit murder, and several other federal firearms offenses involving machine guns, silencers, and destructive devices.
On January 7, 2013, Judge Bryan also sentenced Lonnie Vernon, a member of the Alaska Peacemakers Militia and a co-defendant of Cox, to 310 months in prison for his convictions for conspiracy to murder federal officials and several federal firearms offenses. Lonnie Vernon was also sentenced to 310 months in a separate case (with the sentences to run concurrently) involving a conspiracy to murder Chief U.S. District Court Judge Ralph R. Beistline (Alaska) and another federal official. Lonnie Vernon’s co-defendant in that case, his wife Karen Vernon, was sentenced to 12 years in prison.
These sentencings represent the culmination of an investigation that included an informant who recorded conversations involving the Vernons, Cox, and fellow militia member Coleman Barney conspiring to kill numerous state and federal officials in retaliation for what they believed was an imminent attempt by law enforcement to arrest Cox. In addition, the Vernons, who had been in litigation for several years with the Internal Revenue Service concerning their failure to pay taxes, conspired to murder Judge Beistline and others in retaliation for the court’s rulings in that matter.
On June 18, 2012, a trial jury returned guilty verdicts against Cox, Coleman Barney, and Lonnie Vernon on a majority of charges alleged in the indictment and acquitted them on several other charges. Cox and Lonnie Vernon were found guilty of conspiring to murder federal officials, and several weapons offenses. Barney was convicted of conspiracy to possess unregistered silencers and destructive devices, as well as possession of unregistered destructive devices. A mistrial was declared as to one of the counts which charged Barney with conspiracy to murder federal officials and that count was later dismissed.
In August 2012, Lonnie and Karen Vernon pled guilty to a separate two-count indictment charging violations of threatening to kill Judge Beistline, who presided over their tax case as well as the IRS case agent who investigated the case. The Vernon’s owed the government approximately $120,000 in back taxes.
Karen Loeffler, U.S. Attorney for the District of Alaska, stated, “These sentencings are the result of a long and successful investigation in which law enforcement and the prosecution team was able to intercept and prevent violent individuals before a tragedy occurred. This was difficult for the individuals and families threatened by the defendant’s criminal behavior. I am proud and relieved that the hard work and successful collaboration of agents, troopers, individuals, and prosecutors brought these cases to a safe and just conclusion.”
Special Agent in Charge Mary Rook of the Anchorage Division of the FBI, said, “The successful prosecution of Schaeffer Cox, Lonnie and Karen Vernon, and Coleman Barney was the culmination of a joint investigation conducted by the FBI Joint Terrorism Task Force and the Alaska State Troopers. The sharing of information and teamwork exemplifies the level of cooperation among federal among federal, state, and law enforcement in Alaska. I am proud of the relationships developed among the various law enforcement agencies.”
Ms. Loeffler commends the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms, and Explosives; the United States Marshals Service; the Alaska State Troopers; and the Fairbanks Police Department for the investigation of this case.

Business Manager Sentenced for Tax Evasion in $257,000 Embezzlement Scheme

KANSAS CITY, MO—Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Columbia, Missouri woman was sentenced in federal court today for tax evasion related to unreported income from the theft of more than $257,000 from her employer.
Christine Diane Todd, 37, of Columbia, was sentenced by U.S. District Judge Nanette Laughrey to 15 months in federal prison without parole. The court also ordered Todd to pay $318,938 in restitution.
Todd was employed as the branch credit manager for Major Brands Inc. in Columbia. Todd, who pleaded guilty on January 9, 2013, admitted that she engaged in a scheme to defraud Major Brands and its customers from January 2003 to October 2006.
In her position as credit manager, Todd’s duties included processing payments that were received from customers, including both cash received from truck drivers and/or salesman and checks that were received in the mail. Todd admitted that she stole a portion of the cash received from the customers, totaling $257,688 over the four-year period.
Todd pleaded guilty to making an income tax return that falsely reported her income in 2005. Todd’s 2006 income tax return did not report $100,832 that she embezzled from Major Brand Foods in 2005.
This case was prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by IRS-Criminal Investigation, the FBI, and the Columbia, Missouri Police Department.
This news release, as well as additional information about the office of the United States Attorney for the Western District of Missouri, is available online at http://www.justice.gov/usao/mow/index.html.

FBI Launches National Website Dedicated to Identifying Unknown Bank Robbers

WASHINGTON, DC—The FBI has launched a national website dedicated to identifying unknown bank robbers from the FBI’s 56 field offices. In addition to featuring traditional wanted posters and surveillance pictures of unknown wanted bank robbers, bankrobbers.fbi.gov allows the public to search by the unknown robber’s nickname, robbery location, and the date of the robbery. Each bank robbery is plotted on a Google map of the U.S. that can be viewed down to the street level.
The FBI Washington Field Office’s Violent Crimes Task Force works with local law enforcement to combat individuals who rob, attempt to rob, or break into financial institutions. Many bank robberies are committed using verbal demands or notes; however, the use of weapons and threats of violence are also common. The FBI wants to remove the threat of violence from financial institutions in our region by identifying and holding accountable those who commit these robberies. For this reason, the FBI is launching this national website to seek the public’s assistance in identifying unknown subjects.
In fiscal year 2012, a total of 49 bank robberies occurred in Washington, D.C. and Northern Virginia. This accounted for the fewest number of bank robberies in more than 10 years. Of those bank robberies, 15 occurred in Washington, D.C., and 34 occurred in Northern Virginia. In fiscal year 2011, a total of 80 bank robberies occurred, with 23 in Washington, D.C., and 57 in Northern Virginia.
Starting on January 10, digital bus shelter billboards in Washington, D.C., will feature the bankrobbers.fbi.gov website along with surveillance pictures of unknown wanted bank robbers from Washington, D.C. and Northern Virginia.
The FBI has had a primary role in bank robbery investigations since the 1930s, when John Dillinger and his gang were robbing banks and capturing the public’s imagination. In 1934, it became a federal crime to rob any national bank or state member bank of the Federal Reserve. The law then expanded to include bank burglary and larceny with jurisdiction delegated to the FBI.
Note: Interview opportunities are available upon request with FBI officials related to the launch of bankrobbers.fbi.gov. Please contact FBI Washington Field Office of Public Affairs at 202-278-3519.

Barrio Azteca Associate Sentenced in Texas to 18 Months in Prison for Role in Racketeering Conspiracy

WASHINGTON—An associate of the Barrio Azteca (BA), a transnational border gang allied with the Juarez Cartel, was sentenced today to serve 18 months in prison, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Robert Pitman for the Western District of Texas; FBI Special Agent in Charge Mark Morgan of the FBI’s El Paso, Texas; Office and Administrator Michele M. Leonhart of the U.S. Drug Enforcement Administration (DEA).
April Cardoza, 24, was sentenced today by U.S. District Judge Kathleen Cardone in the Western District of Texas. In addition to her prison term, Cardoza was sentenced to serve five years of supervised release.
On October 18, 2012, Cardoza pleaded guilty to one count of conspiracy to commit racketeering offenses (RICO).
According to court documents and information presented in court throughout this case, the Barrio Azteca is a violent street and prison gang that began in the late 1980s and expanded into a transnational criminal organization. In the 2000s, the BA formed an alliance in Mexico with “La Linea,” which is part of the Juarez Drug Cartel (also known as the Vincente Carrillo Fuentes Drug Cartel or VCF). The purpose of the BA-La Linea alliance was to battle the Chapo Guzman Cartel and its allies for control of the drug trafficking routes through Juarez and Chihuahua. The drug routes through Juarez, known as the Juarez Plaza, are important to drug trafficking organizations because they are a principal illicit drug trafficking conduit into the United States.
According to court documents and information presented in court, Cardoza assisted the BA by providing communication to and from BA members, including BA Captain Manuel Cardoza, and facilitating money laundering.
Cardoza and 34 other BA members and associates based in the United States and Mexico were charged in a 12-count third superseding indictment unsealed in March 2011. The indictment contains charges related to various alleged criminal acts, including racketeering, narcotics distribution and importation, retaliation against persons providing information to U.S. law enforcement, extortion, money laundering, obstruction of justice, and murder, including the 2010 Juarez consulate murders.
Of the 35 defendants charged, 33 have been apprehended. Twenty-five of those defendants, including Cardoza, have pleaded guilty. One defendant committed suicide while imprisoned during his trial. Another defendant was extradited from Mexico and is awaiting trial. Six other defendants are pending extradition from Mexico. U.S. and Mexican law enforcement are actively seeking to apprehend the two remaining fugitives in this case, including Luis Mendez and Eduardo Ravelo, an FBI Top Ten Most Wanted Fugitive.
The case is being prosecuted by Trial Attorney Joseph A. Cooley of the Criminal Division’s Organized Crime and Gang Section, Trial Attorney Brian Skaret of the Criminal Division’s Human Rights and Special Prosecutions Section, and Assistant U.S. Attorney John Gibson of the Western District of Texas, El Paso Division. The U.S. Attorney’s Office for the District of New Mexico provided significant assistance in this case, including by Assistant U.S. Attorney Sarah Davenport. Valuable assistance was provided by the Criminal Division’s Offices of International Affairs and Enforcement Operations.
The case was investigated by the FBI’s El Paso Field Office, Albuquerque Field Office (Las Cruces Resident Agency), DEA Juarez, and DEA El Paso. Special assistance was provided by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Immigration and Customs Enforcement; the U.S. Marshals Service; U.S. Customs and Border Protection; Federal Bureau of Prisons; U.S. Diplomatic Security Service; the Texas Department of Public Safety; the Texas Department of Criminal Justice; El Paso Police Department; El Paso County Sheriff’s Office; El Paso Independent School District Police Department; Texas Alcohol and Beverage Commission; New Mexico State Police; Dona Ana County, New Mexico Sheriff’s Office; Las Cruces, New Mexico Police Department; Southern New Mexico Correctional Facility; and Otero County Prison Facility New Mexico.

Thursday, January 10, 2013

Carson Man Sentenced to 12 Years in Federal Prison for Running Investment Fraud Scheme Involving Wind Energy Technology

LOS ANGELES—A Carson man is in custody today after being sentenced to 12 years in federal prison for running a $1 million scheme that bilked dozens of victims—including a U.S. Army staff sergeant who was serving on active duty in Afghanistan—who thought they were investing in a legitimate wind energy technology business.
James A. Rivera, 42, was sentenced late yesterday by United States District Judge Stephen V. Wilson, who remanded the defendant into custody at the conclusion of the hearing. In addition to the 144-month prison term, Judge Wilson ordered Rivera to pay restitution of just more than $1 million, a figure that represents the total amount lost by victims in the case.
At the conclusion of a jury trial in June 2010, Rivera was convicted of mail fraud and 10 counts of wire fraud related to the scheme he ran out of the Carson offices of companies Rivera called Apostles Inc. and Almighty Wind Inc. Through word-of-mouth, telephone conference calls, and seminars conducted over the Internet, Rivera solicited investments in his companies, which he claimed would manufacture and market a revolutionary new form of windmill or “wind turbine” that would be used for electricity production. Beginning in 2007 and continuing into 2009, Rivera marketed his scheme by making numerous false statements, including that the Nigerian government had committed to buying more than $1 billion worth of the windmills, that the International Monetary Fund was providing hundreds of millions of dollars in financing for the business, and that a prominent Hollywood director was planning to purchase the windmills to power the movie set of his next production. Rivera also falsely told investors that he held multiple patents on the windmill design and that he would be mass-producing the windmills within several months. In reality, there were no such customer orders, financing arrangements or patents, and the windmill had never progressed beyond the early design stage.
While Rivera touted his financial integrity and used religious rhetoric and imagery to appeal to investors, Rivera failed to disclose to investors that he had eight prior criminal convictions, five of which were for fraud and fraud-related offenses. Nor did Rivera reveal to investors that he was on probation for one of his prior fraud convictions and was on bail awaiting trial on additional fraud charges filed in California state court.
The investigation of Rivera was conducted by the Federal Bureau of Investigation.

Founder of Violent Dead Man Incorporated Gang Sentenced to Life on Federal Racketeering, Murder, and Drug Charges

BALTIMORE—U.S. District Judge Richard D. Bennett sentenced Perry Roark, a/k/a Rock, “Pops,” “Slim,” “Saho the Ghost,” age 42, today to life in prison for conspiracy to participate in a violent racketeering enterprise known as the Dead Man Incorporated (DMI). Roark has been the “supreme commander” of DMI since it was originally created as a prison gang in Maryland in 2000. At the government’s request, Judge Bennett has recommended that Roark serve his sentence at USP Florence, Colorado, the most secure prison in the federal system.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms, and Explosives-Baltimore Field Division; Chief James W. Johnson of the Baltimore County Police Department; Colonel Marcus L. Brown, Superintendent of the Maryland State Police; Commissioner Anthony W. Batts of the Baltimore Police Department; Anne Arundel County Police Chief Larry W. Tolliver; Secretary Gary D. Maynard of the Maryland Department of Public Safety and Correctional Services; Baltimore County State’s Attorney Scott Shellenberger; Baltimore City State’s Attorney Gregg L. Bernstein; and Anne Arundel County State’s Attorney Frank R. Weathersbee.
“Perry Roark was scheduled to be released from state prison, but instead he will spend the rest of his life in federal prison for leading the violent Dead Man Incorporated gang and arranging murders,” said U.S. Attorney Rod J. Rosenstein. “Federal racketeering prosecutions serve a critical role in the coordinated local, state, and federal law enforcement strategy to reduce violent crime in Maryland.”
According to Roark’s plea agreement, DMI was created originally in 2000 as a prison gang in Maryland, and at its inception was closely allied to the Black Guerilla Family (BGF), another prison gang. By 2006, DMI expanded its membership by recruiting members outside prison, including women.
DMI members operated in and out of prisons throughout Maryland, as well as Pennsylvania, Louisiana, and Texas. DMI is active in numerous prison facilities in Maryland. Units operating outside the prisons are identified by the region they cover, such as Brooklyn, South Baltimore, Southwest Baltimore, Southeast Baltimore, Dundalk, Westminster, Glen Burnie, etc.
Roark admitted that he conspired to conduct the affairs of DMI through a pattern of criminal activity from 2000 to the present, including: murder and threats to commit murder, armed robbery, drug trafficking, and extortion. DMI members and associates smuggled drugs, tobacco, cell phones, and other contraband into prisons by concealing them on the persons of visitors to the prisons.
Gang members used contraband cell phones in prisons to coordinate the smuggling of contraband into prisons, disseminate information about arrests and releases of members and associates, to warn of investigations, to publicize the identities of persons believed to be cooperating with law enforcement, and to order assaults and murders of such persons, as well as enemies of DMI.
Specifically, Roark admitted that from November 2008 through June 2, 2009, he ordered and planned the June 2, 2009 murder of Tony Geiger, which was carried out by his co-defendants. Roark admitted that he ordered three other murders, which were never carried out, as well as numerous assaults. Roark was frequently involved in drug trafficking within the prisons where he was housed from 2000 to the present.
Mr. Rosenstein praised the FBI; ATF; Maryland Department of Public Safety and Correctional Services; Baltimore County Police Department; Anne Arundel County Police Department; Baltimore City Police Department; the Maryland State Police; Baltimore County State’s Attorney’s Office; Baltimore City State’s Attorney’s Office; and Anne Arundel County State’s Attorney’s Office for their assistance in this investigation and prosecution.
United States Attorney Rod J. Rosenstein thanked Assistant United States Attorneys Robert R. Harding and Christopher J. Romano, who prosecuted this Organized Crime Drug Enforcement Task Force case.

Gila River Man Sentenced to More Than 15 Years for Second-Degree Murder

PHOENIX—On January 7, 2013, Martin Oliver Pablo Sr., 22, of Sacaton, Arizona, and a member of the Gila River Indian Community, was sentenced by U.S. District Judge David G. Campbell to 189 months in prison. Pablo pleaded guilty on October 2, 2012, to second-degree murder.
In April 2012, Pablo shot and killed a 19-year-old man at a family gathering following an argument. Pablo, who had been drinking, fired a single shot to the victim’s chest. The victim later died as a result.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Gila River Police Department. The prosecution was handled by Jennifer E. Green, Assistant U.S. Attorney, District of Arizona, Phoenix.

Three Sentenced in Massive Domestic Sex Trafficking Case

HOUSTON—Three men have each been ordered to federal prison for 96 months for their convictions in relation to Operation Total Exposure, the largest domestic sex trafficking case in the Southern District of Texas, United States Attorney Kenneth Magidson announced today. During the course of the investigation, at least one minor was rescued, and other minors and several adults have been returned to their families.
Andre McDaniels, 42, and William Hornbeak, 36, entered guilty pleas September 13, and 24, 2012, respectively, while John Butler, 51; Ronnie Presley, 38; and Jamine Lake, 30, pleaded guilty October 4, 2012. The five men, all of Houston, pleaded guilty to conspiracy to commit sex trafficking. In addition to the conspiracy charge, Butler was convicted of one count of transportation. Lake was also convicted of one count of transportation as well as one count of coercion and enticement. Presley and Hornbeak were both also convicted of two counts of coercion and enticement, while Presley was also convicted of two counts of transportation. McDaniels was convicted of one count of coercion and enticement and two counts of transportation.
Today, U.S. District Judge Lynn Hughes sentenced McDaniels, Lake and Presley to 96-month-terms of federal imprisonment. They each received 60 months on the conspiracy charge and 96 months on each of their respective convictions, all to be served concurrently for a total sentence of 96 months for each defendant. They were all also ordered to serve a 10-year-term of supervised release following completion of their sentences and must each pay a $10,000 fine.
Butler and Hornbeak will be sentenced on January 22.
At the hearing today, one of the victims testified about the emotional and physical abuse she suffered, noting one instance where a gun was placed in her mouth. She further discussed how she was branded with a large tattoo of a black panther on her back to mark her as property.
Court records indicated that the defendants operated commercialized sex businesses often disguised as modeling studios, health spas, massage parlors, and bikini bars in Houston. Further testimony proved they also utilized sexually oriented publications and websites to advertise their illicit business.
Evidence revealed the conspirators recruited women and minors as young as 16 to work as prostitutes and perform commercial sex acts. Members of the criminal enterprise transported women and minors to and from the Houston area and had ties to Kansas, Nevada, Arizona, and Florida. The females were instructed to perform certain acts to insure that the customers to whom they were providing sex acts were not law enforcement officers.
The women were routinely beaten and threatened to instill fear in them and insure their obedience. Some of the co-conspirators also had sexual intercourse with the minor females. Any proceeds the women received as a result of their sexual encounters were taken by the members of the enterprise, rendering the women dependent upon the defendants for basic necessities.
McDaniels was also convicted in a separate but related case of nine counts of witness tampering and faces up to life in prison as a result. He will be sentenced by U.S. District Judge Lee H. Rosenthal on March 22, 2013, at 9:00 a.m.
All the men have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The investigation leading to the charges was conducted by the Innocence Lost Task Force of the FBI and the Houston Police Department as part of the Innocence Lost National Initiative. The initiative was founded in June 2003 to address criminal enterprises involved in the domestic sex trafficking of children and is a joint effort of the FBI, the Department of Justice’s Child Exploitation and Obscenity Section, the National Center for Missing and Exploited Children, and the Texas Attorney General’s Office.
The case is being prosecuted by Assistant U.S. Attorney Sherri Zack and former Special Assistant U.S. Attorney Angela Goodwin.