FEDERAL DISTRICT ARCHIVE
Eastern District of California
Press releases recorded for this federal judicial district.
Tulare County Man Sentenced to 5.5 Years in Prison for Possessing CocaineRead the Press Release
FRESNO, Calif. — Jesus Angulo, 34, of Woodlake, was sentenced to five years and six months in prison for possessing with intent to distribute cocaine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, a long-term investigation uncovered a scheme involving the trade of illegal drugs sourced in Mexico and California for firearms sourced in Texas. In 2021, a team of local, state, and federal law enforcement officers partnered in an investigation into the Tulare County Surenos Street Gang. Part of the investigation focused on Angulo and his associates, who were involved in shipping illegal drugs and firearms across state lines.
On Oct. 26, 2021, Angulo and his associate were stopped by law enforcement after picking up narcotics from a source of supply in Los Angeles. Officers located more than 9 kilograms of cocaine and a firearm in Angulo’s car.
This case was the product of an investigation by the Federal Bureau of Investigation with assistance from the U.S. Postal Inspection Service, the Tulare County Sheriff’s Office, the Tulare County Area Regencies Gun Enforcement Team, the Visalia Police Department, the California Department of Justice’s Bureau of Investigation, the California Highway Patrol’s Special Operations Unit, and the Tulare County District Attorney’s Office. Assistant U.S. Attorneys Justin J. Gilio and Antonio J. Pataca are prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Justice Department Files Sexual Harassment Lawsuit Against Owner, Manager, and Maintenance Worker of Bakersfield Rental PropertiesRead the Press Release
The Justice Department announced today that it has filed a lawsuit against Javier Salazar Jr., Javier Salazar Sr., both of Bakersfield; and Ricardo Covarrubias, of Van Nuys; a maintenance worker, manager, and owner, respectively, of rental properties in Bakersfield, alleging sexual harassment and retaliation in violation of the Fair Housing Act.
The lawsuit, filed in the U.S. District Court for the Eastern District of California, alleges that Javier Salazar, Jr., a maintenance worker, sexually harassed a female tenant from December 2018 through March 2019 by repeatedly asking the tenant to engage in sexual acts with him, asking her to be in a relationship with him, describing the sexual acts he wished to engage in with her, and persistently commenting on her appearance. According to the complaint, on two occasions Javier Salazar Jr. touched the tenant’s body without her consent, and surreptitiously took digital photographs of framed print pictures in her home of her and her daughter. The tenant reported Salazar Jr.’s conduct to Salazar Sr., who was both the property manager and is Salazar Jr.’s father. After she reported the harassment and threatened to contact a lawyer or the police if it continued, the Salazars refused to fix a leaking gas line in her dwelling, causing her to go without heat for one month and consequently forcing her to move out. The complaint also alleges that Covarrubias, the property owner, is vicariously liable for the Salazars’ conduct because they were his agents when they engaged in sexual harassment and retaliation.
“For four months this tenant refused the repeated sexual advances by the maintenance worker at her rental home, and when she reported the sexual harassment, she faced retaliation,” said U.S. Attorney Phillip A. Talbert. “The actions of Salazar Jr. and the failure or refusal of Salazar Sr. and Covarrubias to act on the tenant’s behalf caused her harm and distress. The U.S. Attorney’s Office will hold accountable any landlord who enables or engages in sexual harassment in violation of the Fair Housing Act.”
“Sexual harassment in rental housing preys on tenants who are especially vulnerable, including those who rely on their housing provider for critical maintenance services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to holding accountable any person in the housing sector who sexually harasses, assaults or retaliates against tenants, from the housing owner to the maintenance worker. A home should be a place of refuge and sanctity, not sexual assault and exploitation, and we will continue to use the Fair Housing Act to hold violators accountable.”
“Preying on renters who have few housing options is abhorrent and illegal,” said Principal Deputy Assistant Secretary Demetria McCain of the Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity. “HUD will continue to work with DOJ to enforce the law and protect tenants.” Today’s lawsuit arose from a complaint that the former tenant filed with the HUD. After HUD investigated the complaint, it issued a charge of discrimination, and the matter was referred to the Justice Department. The lawsuit seeks monetary damages to compensate the victim and a court order barring future discrimination.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the Initiative in October 2017, the Justice Department has filed 34 lawsuits alleging sexual harassment in housing.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.
Individuals who believe that they may have been victims of sexual harassment by Javier Salazar Jr., or at rental dwellings owned or managed by Ricardo Covarrubias or Javier Salazar Sr., or who have other information that may be relevant to this case, should call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov, or submit a report online.
Individuals can also report sexual harassment and other forms of housing discrimination by contacting HUD at 1-800-669-9777 or by filing a HUD complaint online.
El Dorado County Couple Sentenced for Tax FraudRead the Press Release
SACRAMENTO, Calif. — El Dorado Hills couple were sentenced today for their criminal efforts to avoid paying federal income taxes, U.S. Attorney Phillip A. Talbert announced.
Brian Beland, 39, was sentenced to 21 months in prison and a $30,000 fine, and Denae Beland, 40, was sentenced to five years of supervised release and a $25,000 fine.
After an 8-day trial, a federal jury found Brian Beland guilty of four counts: three for filing false tax returns for 2011, 2012, and 2013, and another count for corruptly impeding the ensuing tax audit. The tax returns illegally claimed both personal expenses and fabricated expenses as tax deductions. The jury also found Denae Beland guilty of corruptly impeding the tax audit.
“The Belands used tax fraud to pay almost no taxes for three years on their approximately $1.1 million income,” said U.S. Attorney Talbert. “They purposely lied in order to fund their family’s lavish lifestyle when they should have just told the truth and paid their taxes like millions of other Americans. The U.S. Attorney’s Office is committed to investigating and prosecuting those who fail to comply with their federal tax obligations.”
“Greedy schemes to falsify business expenses in order to evade income tax, such as those utilized by Brian Beland, are unfair to every taxpayer who obeys the law and pays their fair share. The Beland’s flaunted their ill-gotten gains with extravagant vacations, vehicles, home improvement, and other items,” said Darren Lian, Special Agent in Charge of the IRS Criminal Investigation’s Oakland Field Office. “Today’s sentence affirms the IRS CI will hold individuals accountable to tax laws that they are subject to. Those who fail to do so will not be tolerated and will be prosecuted.”
According to court documents and evidence presented at trial, Brian Beland was a mortgage broker for Wells Fargo and then Bank of America from 2011 through 2013. He claimed business expenses in excess of $800,000 for all three years, effectively paying only a 2% tax on the more than $1.1 million he earned. Denae Beland was an attorney licensed by the California State Bar, but she was suspended after this conviction and is currently not eligible to practice law in California. When the IRS began a civil audit of their taxes, Brian and Denae Beland tried to hide their crimes by falsely claiming that personal expenses were business expenses, telling falsehoods to the civil examiner, and obstructing the IRS audit by not providing requested documents.
During the audit the Belands claimed falsely that their business records had been shredded or lost. They then created false spreadsheets for the IRS that listed various personal expenses as business expenses in order to justify their fraudulent deductions, including travel to Europe, the Eiffel Tower, Hawaii, and Cancun; wine racks and a personalized wine bottle in their wine cellar; a California king bed; patio furniture; automated tiki torches; birthday party and baby shower expenses; home gym exercise flooring; and other items. In June 2016, the IRS executed a search warrant at the Belands’ house in El Dorado Hills. In addition to finding many pieces of furniture and household goods that had been claimed as business expenses, agents also found various tax records and receipts from the years in question, despite the Belands’ claims that all records and receipts had been destroyed. In some case those records and receipts were found together with correspondence from the IRS related to the very same audit they were obstructing.
This case was the product of an investigation by IRS Criminal Investigation. Assistant U.S. Attorneys Veronica M.A. Alegría and Lee S. Bickley prosecuted the case.
West Sacramento Woman Sentenced to over 4 Years in Prison for Mail Fraud and Aggravated Identity TheftRead the Press Release
SACRAMENTO, Calif. — Kimberly Acevedo, 53, formerly of West Sacramento, was sentenced today to four years and seven months in prison and ordered to pay $113,400 in restitution for mail fraud and aggravated identity theft, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between March 2019 and March 2021, Acevedo and co‑defendant Philip Rich, 51, of West Sacramento, perpetrated a mail fraud scheme that involved theft of U.S. mail, identity theft, and unlawful possession of dozens of stolen bank cards. Generally, Acevedo and Rich obtained the personally identifiable information (PII) of victims and used that information to apply for new credit cards, debit cards, checkbooks, and other financial instruments to be sent to the victims’ real home addresses. The defendants then submitted change-of-address requests to USPS using the victims’ PII. These change-of-address requests rerouted the victims’ mail to defendants’ shared home address, where they would open the mail and use the contents to make fraudulent purchases and cash fraudulent checks.
When federal agents executed a search warrant at defendants’ residence on Oct. 14, 2020, they seized dozens of notebooks filled with at least hundreds of identity-theft victim PII. The notebooks were scattered throughout the house, though mainly located in defendants’ shared bedroom. In addition, agents recovered an envelope, labeled “ID Templates,” in the bedroom containing approximately 10-15 fake California driver’s licenses in the names of various victims, but featuring Acevedo and Rich’s photographs and fake authentication features. Agents also recovered the tools required to construct the fake IDs as well as a magstripe device. Further, agents recovered over 50 credit and debit cards in the home as well as approximately 40 checkbooks in victims’ names as well as in the names of Acevedo and Rich. In total, defendants’ scheme caused over $110,000 in actual loss.
This case was the product of an investigation by the U.S. Postal Inspection Service and the Yolo County Sheriff’s Office. Assistant U.S. Attorney Denise N. Yasinow prosecuted the case.
Acevedo pleaded guilty in October 2022. Rich previously pleaded guilty to mail fraud and aggravated identity theft. On Oct. 4, 2022, he was sentenced to three years and three months in prison. He was ordered to pay $113,400 in restitution, jointly and severally with Acevedo.
Stanislaus County Man Pleads Guilty to Passing Forged Treasury BondsRead the Press Release
SACRAMENTO, Calif. — Ronnie Douglas Fleming, 37, of Keyes, pleaded guilty today to passing a counterfeit obligation of the United States, U.S. Attorney Phillip A. Talbert announced.
According to court documents, from March to May 2022, Fleming passed counterfeit treasury bonds on 10 occasions at banks in the Central Valley and the San Francisco Bay Area. The banks paid Fleming more than $134,000 for the bonds.
This case is the product of an investigation by the U.S. Secret Service with assistance from the Department of the Treasury Office of Inspector General. Assistant U.S. Attorney Nicholas M. Fogg is prosecuting the case.
Fleming is scheduled to be sentenced on Nov. 28, 2023, by U.S. District Judge Dale A. Drozd. Fleming faces a maximum sentence of 20 years in prison and a fine up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Stockton Man Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
SACRAMENTO, Calif. — Maleek Carter-Rea, 22, of Stockton, pleaded guilty today to being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in March 2023, law enforcement officers observed Carter-Rea and several other individuals brandishing firearms in videos on social media. Law enforcement officers conducted surveillance and initiated a traffic stop of the vehicle in which Carter-Rea was riding. During the search of the vehicle, officers found and seized a Glock 48 firearm on the floor beside Carter-Rea’s feet. Carter-Rea is prohibited from possessing firearms because he has a state felony conviction for robbery in San Joaquin County.
This case is the product of an investigation by the Stockton Police Department, the Manteca Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jessica Delaney is prosecuting the case.
Carter-Rea is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on Nov. 6, 2023. Carter-Rea faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Stanislaus County Man Sentenced to over 13 Years in Prison for Methamphetamine DistributionRead the Press Release
FRESNO, Calif. — Julian Loeza, 33, of Ceres, was sentenced today to 13 years and eight months in prison for distribution of methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in 2020, a team of local and federal law enforcement officers partnered in an investigation into the drug trafficking activities of Loeza and co-defendants Esmerelda Ceja-Mendez, 43, of Ceres; Sofia Cisneros-Noyola, 37, of Sacramento; and Victor Ramirez, 37, of Atwater. On March 3, 2021, Loeza sold 2 pounds of methamphetamine for $3,600.
Loeza had been convicted of previous federal drug trafficking charges in 2016. In that prior case he was sentenced to six years in prison. By March 2021, he had been released. Loeza committed his new drug trafficking offense while on federal supervised release for the prior case. Loeza was also sentenced to 24 months in prison for violating the terms of his supervised release, to run concurrently with his sentence for the new offense.
Ramirez previously pleaded guilty to conspiracy to distribute and possession with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. Ramirez is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on Nov. 20, 2023.
Charges are pending against Ceja-Mendez and Cisneros-Noyola; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the Federal Bureau of Investigation and the San Joaquin County Metropolitan Narcotics Task Force. Assistant U.S. Attorneys Justin J. Gilio and Antonio J. Pataca prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
San Francisco Man Sentenced to 6 Years in Prison for Vacaville Gun Store BurglaryRead the Press Release
SACRAMENTO, Calif. — Adrian Oscar Duran, 27, of San Francisco, was sentenced today to six years in prison for burglary of a federally licensed firearms dealer, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on June 1, 2020, law enforcement officers responded to reports of suspicious activity at Guns, Fishing and Other Stuff, a two-story gun and outdoor recreation store in Vacaville. Guns, Fishing and Other Stuff is a federally licensed firearms dealer. When officers responded, four vehicles fled the scene. After a high-speed chase on Interstate 80 during which vehicles reached over 100 miles per hour, one vehicle, a rented minivan, was stopped, and Duran and four others were arrested after a foot pursuit. In total, the gun store reported that more than 70 firearms had been stolen. Inside the minivan were bolt cutters, a power saw, and 13 handguns with price tags from Guns, Fishing and Other Stuff still attached.
The four co- defendants pleaded guilty and three await sentencing: Donte Marcel Anderson, 34, of Pittsburg, California; Desteny Estrella Leilani Salazar, 25, of San Francisco; and Tracy Whitfield, 34, of Pittsburg. Donley Thompson, 31, of Pinole, pleaded guilty and was sentenced to 33 months in prison. Thompson is in custody after violating the conditions of his supervised release.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Vacaville Police Department, the Fairfield Police Department, the Antioch Police Department, the Vallejo Police Department, and the California Department of Justice – Bureau of Firearms. Assistant U.S. Attorney Justin Lee is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Missouri Man Pleads Guilty to Interstate Marijuana ShipmentRead the Press Release
FRESNO, Calif. — David Agustus McGowan, 63, of Kansas City, Missouri, pleaded guilty today to conspiring to distribute and possess with intent to distribute marijuana that was shipped from Fresno to Kansas City, Missouri, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in November 2018, McGowan’s co-defendants Patrick Maldonado, 47, of Madera; Elias Zambrano Jr., 43, of Fresno; Tan Minh Vo, 50, of San Jose; Tien Van Phan, 58, of Milpitas; and Halen Frazier, 37, of Kingsville, Missouri, coordinated the shipment of nearly 500 pounds of marijuana to Frazier in Kansas City. The first shipment was seized from Frazier during a traffic stop after Phan delivered 92 pounds of marijuana to him in two suitcases at a hotel in Kansas City.
Later, agents intercepted calls between Maldonado, Zambrano, and Frazier in which they discussed the shipment of another load of marijuana to Frazier in Kansas City. That load was intercepted by Arizona troopers after stopping McGowan for a broken taillight on his truck. During a search of the trailer, troopers found in a hidden compartment 384 pounds of marijuana and $1,629 in cash.
McGowan’s co-defendants previously pleaded guilty and were sentenced as follows:
- Maldonado, who also conspired to possess with intent to distribute cocaine, was sentenced to seven years in custody.
- Zambrano and Frazier were sentenced to two years and three months in prison.
- Vo was sentenced to three years and one month in prison.
- Phan was sentenced to three years and six months in prison.
This case is the product of an investigation by the Central Valley High Intensity Drug Trafficking Area Task Force consisting of agents from the Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, Tulare, Kings, and Fresno County Sheriff’s Offices, and the Fresno Police Department. The Arizona Department of Health and the Kansas City Police Department assisted in the investigation. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
McGowan is scheduled for sentencing on Dec. 4, 2023, by U.S. District Judge Ana de Alba. McGowan faces a minimum statutory penalty of five years in prison and a maximum of 40 years in prison, along with a $5 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Mexican National Residing in Kern County Sentenced to over 5 Years in Prison for Methamphetamine ConspiracyRead the Press Release
FRESNO, Calif. — Ana Margarita Valdez-Torres, 43, a Mexican national residing in McFarland, was sentenced today to five years and 10 months in prison for conspiring to distribute methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Valdez was involved in obtaining and supplying methamphetamine to drug customers steered to her by Pedro Delgado-Montenegro, a fugitive in this case who previously resided in Porterville. One month after Valdez’s involvement in the drug transactions in this case, she was arrested and convicted in Las Vegas for transporting 22 pounds of methamphetamine.
Valdez pleaded guilty to the charge on April 3, 2023. Seven co-defendants have pleaded guilty to drug trafficking offenses. Charges are pending against Delgado-Montenegro. The charges against him are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the Drug Enforcement Administration with assistance from the Federal Bureau of Investigation, the Porterville Police Department, the Coalinga Police Department, and the Fresno Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Merced County Man Pleads Guilty to Heroin ConspiracyRead the Press Release
FRESNO, Calif. — Otoniel Cardenas-Torres, 33, of Delhi, pleaded guilty today to conspiring to distribute heroin, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Cardenas received $13,500 from a confidential source for the delivery of 3 pounds of heroin to the confidential source by Cardenas’s brother. The heroin deal had been arranged by a Mexican source of drug supply, who orchestrated a string of heroin transactions through couriers, including co-defendants Robert Palacios-Garcia, 38, of Huntington Park; Daniel Quiroz, 41, of Los Angeles; and Juan Medina, 29, of Manteca.
This case is the product of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Cardenas is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on Dec. 11, 2023. Cardenas faces a maximum statutory penalty of life in prison, a mandatory minimum prison term of 10 years, and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Co-defendants Palacios-Garcia and Quiroz previously pleaded guilty and were sentenced to seven years and three months in prison and three years and one month in prison, respectively. Juan Medina is scheduled for sentencing on Oct. 2, 2023.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Former Fresno IRS Employee Sentenced to 14 Months in Prison for Selling Morphine and Contributing to Co-worker’s DeathRead the Press Release
FRESNO, Calif. — Margarita Aispuro-Camacho, 46, of Fresno, was sentenced today to 14 months in prison for illegally selling morphine and contributing to the death of her co-worker at the Internal Revenue Service, U.S. Attorney Phillip A. Talbert announced.
According to court records, in May 2020, the police found the victim dead in an apartment in Clovis. A toxicology report confirmed the victim died from an overdose of morphine and other prescription drugs. Importantly, the victim did not have a prescription for the morphine.
Agents obtained text messages between the victim and Aispuro-Camacho that showed the victim bought various prescription drugs from Aispuro-Camacho over an extended period and that the victim bought morphine from her the day before the victim died. Shortly after the victim’s death, Aispuro-Camacho was fired from the IRS for other reasons.
Aispuro-Camacho ultimately confessed to the crime when confronted by agents. Aispuro-Camacho explained that she had been prescribed the morphine and that she sold it to make a few thousand dollars in extra spending money.
This case was the product of an investigation by the U.S. Treasury Inspector General for Tax Administration (TIGTA) and Homeland Security Investigations. TIGTA is a federal agency that provides independent oversight of the IRS. Assistant U.S. Attorney Joseph Barton prosecuted the case.
Bakersfield Dentist Pleads Guilty to Stealing $500,000 in COVID-19 Relief MoneyRead the Press Release
FRESNO, Calif. — Ranjan Rajbanshi, D.D.S., 46, of Bakersfield and Santa Barbara, pleaded guilty today to stealing $500,000 in COVID-19 relief money, U.S. Attorney Phillip A. Talbert announced.
According to court records, Rajbanshi ran a dental practice in Bakersfield and Santa Barbara. From April 2020 through February 2022, he received over $850,000 in COVID-19 relief money from the Small Business Administration (SBA) and the U.S. Department of Health and Human Services (HHS). He represented to the government that he would only use the relief money for specified business purposes such as facility costs, payroll, and protective equipment for him and his staff.
Rajbanshi subsequently used $500,000 of the relief money for improper personal expenditures such as investments. He has agreed to pay that money back to the government before his sentencing.
This case is the product of an investigation by the Federal Bureau of Investigation, the SBA Office of Inspector General, and HHS Office of Inspector General. Assistant U.S. Attorneys Joseph Barton and Robin Tubesing are prosecuting the case.
Rajbanshi is scheduled to be sentenced by U.S. District Judge Ana de Alba on Dec. 4, 2023. Rajbanshi faces a maximum statutory penalty of 10 years in prison and fine of $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Tehama County Woman Sentenced to 7 Years in Prison for Refund Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Sabrina Raylene Toilolo, 26, of Corning, was sentenced today to seven years and two months in prison for a conspiracy to commit wire fraud for her participation in a merchant refund‑fraud scheme, U.S. Attorney Phillip A. Talbert announced.
In June 2020, a federal grand jury returned a 14-count superseding indictment against Toilolo and her previously charged co-defendant Johnathon Ward, charging them with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft.
According to court documents, between July 2017 and September 2019, Sabrina Toilolo, Johnathon Ward, Monica Nunes, and Talalima Toilolo conspired to defraud financial institutions by exploiting the merchant refund process used by businesses and retail establishments to refund customers for returns, reimbursements, and erroneous charges. In total, the conspirators attempted $3.8 million in fraudulent transactions.
The defendants committed this scheme by stealing or purchasing point-of-sale (POS) terminals used by businesses to process bankcard transactions. The defendants programmed each terminal to make it appear as if it was authorized by a particular retail merchant, connected the terminals to payment processing intermediaries, and executed refund transactions even though no purchases had been made. The payment processors, falsely believing the terminals were authorized, approved the refunds and caused the merchants’ payment processors to transfer funds to the defendants’ fraudulent accounts. The defendants then drained the stolen funds from the accounts and distributed them among members of the conspiracy.
This case is the product of an investigation by the Regional Enforcement Allied Computer Team (REACT) Task Force, which includes investigators from the Santa Clara County District Attorney’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jessica Delaney is prosecuting the case.
On April 2, 2021, Nunes was sentenced to 12 and a half years in prison. On Feb. 11, 2021, Talalima Toilolo was sentenced to 10 years in prison. Ward has pleaded guilty and is scheduled to be sentenced Nov. 9, 2023.
Tehama County Man Returned to the United States to Face Federal ChargesRead the Press Release
SACRAMENTO, Calif. — Eduardo Castillo, 38, of Corning, was returned to the United States to face federal charges of online enticement of a minor for sexual purposes after he had fled to Mexico to avoid prosecution. Castillo is currently in custody at the Sacramento County Jail and is awaiting his initial appearance before the U.S. District Court, Eastern District of California.
U.S. Attorney Phillip A. Talbert and Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office made the announcement today.
On Aug. 15, 2023, Mexican law enforcement officials from the State of Colima’s Attorney General’s Office (Fiscalia General del Estado de Colima) apprehended Castillo in La Presa, Colima, Mexico. Subsequently, on Aug. 16, 2023, Castillo was deported by Mexican Immigration (Instituto Nacional de Migración) for having an irregular immigration status in Mexico. Castillo’s return to the United States to face prosecution is funded by the FBI Criminal Investigative Division, Crimes Against Children and Human Trafficking Unit.
Castillo was indicted on Dec. 15, 2022, charged with four counts of online enticement of a minor for sexual purposes. According to court documents, between about Aug. 23 and Aug. 27, 2020, Castillo used a cellphone and the internet to entice at least four minor victims into sending him images and videos of themselves engaging in sexually explicit conduct.
The FBI continues to collaborate with its law enforcement partners to apprehend criminals charged with crimes who then flee the jurisdiction. Cases seeking information from the public, including fugitive matters, are posted on the FBI Sacramento Field Office’s Most Wanted page, and the FBI Wanted app. Anyone with information that may aid the investigation of these cases may contact their local FBI office, United States embassy, or submit information online at tips.fbi.gov.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Denise N. Yasinow is prosecuting the case.
If convicted, Castillo faces a mandatory minimum of 10 years in prison, a maximum statutory penalty of life in prison, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Mexican National Charged for Sexual Assault in Sequoia National ParkRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Luis Eduardo Sanchez-Azpeitia, 46, of Mexico City, charging him with sexual abuse and abusive sexual contact, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on July 31, 2023, Sanchez-Azpeitia entered a woman’s cabin in Sequoia National Park and committed one act of sexual assault and acts of abusive sexual contact. The victim did not consent to any of the defendant’s sexual conduct, repeatedly told the defendant no, and tried to make him stop his sexual advances.
This case is the product of an investigation by the National Park Service with assistance from the Federal Bureau of Investigation. Assistant U.S. Attorneys Katrina Brownson and Karen Escobar are prosecuting the case.
If convicted, Sanchez-Azpeitia faces a maximum statutory penalty of life in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Sacramento Man Sentenced to over 7 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Quentin Carthen, 41, of Sacramento, was sentenced today to seven years and eight months in prison for being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on March 16, 2020, Carthen was riding in a car that was stopped by law enforcement officers. Carthen—who had been paroled from state prison just four days earlier—got out of the car, ignored commands to stop, and ran away from the detectives. As he ran away, Carthen dropped a tan-colored bag that he had been carrying, and when police later seized the bag, they found an assault weapon inside, loaded with a bullet in the chamber, an extended magazine, a silencer, and the safety switch set to “fire.” This gun also had a rubber glove-like piece placed over the trigger, which would allow its user to pull the trigger without leaving fingerprints. He has previously been convicted of several felonies, including drug trafficking and assault.
This case was the product of an investigation by the Sacramento County Sheriff’s Office and the Federal Bureau of Investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Fresno Men Sentenced to 10 and 17 Years in Prison for Drug Trafficking ConspiracyRead the Press Release
FRESNO, Calif. — Two Fresno residents were sentenced today for gun and drug charges that arose from a long-term investigation that uncovered evidence of a drug trafficking conspiracy, U.S. Attorney Phillip A. Talbert announced.
Maximiliano Wilfrido Rios Ruiz, 27, was sentenced to 10 years in prison for conspiring to distribute and possess with intent to distribute cocaine and possessing a firearm in furtherance of a drug trafficking crime. Pedro Duran, 32, was sentenced to 17 years in prison for possessing with intent to distribute methamphetamine and cocaine.
According to court documents, between February and April 2020, on at least two occasions, Ruiz met with a supplier to obtain cocaine, which Ruiz and his co-conspirator intended to distribute. A search of Ruiz’s residence uncovered a firearm and additional amounts of cocaine.
According to court documents, in April 2020, Duran was identified as a large-scale narcotics trafficker. A search of Duran’s storage unit uncovered 33 pounds of methamphetamine, 3 pounds of cocaine, 3 pounds of fentanyl pills, and over 3 pounds of marijuana. Duran’s residence also contained additional amounts of methamphetamine and cocaine, seven firearms, ammunition, and approximately $8,800 in cash.
These cases were the product of an investigation by the Federal Bureau of Investigation, Homeland Security Investigations, the Fresno County Sheriff’s Office, the Fresno Police Department, the Special Operations Unit of the California Department of Justice and the California Highway Patrol, the California Department of Corrections and Rehabilitation, and the Fresno County District Attorney’s Office. Assistant U.S. Attorneys Justin J. Gilio and Antonio J. Pataca prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Southern California Resident Indicted for Trafficking 150,000 Fentanyl PillsRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment Thursday against Pantalion Lopez-Zavala, 30, of Hesperia, charging him with possession with intent to distribute fentanyl, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on July 12, 2023, Lopez-Zavala traveled from Southern California to the Central Valley to deliver 150,000 fentanyl pills to a buyer, who was in fact an undercover officer. The undercover officer negotiated the deal with two individuals who used Mexican telephone numbers. One of those individuals connected the undercover officer with Lopez-Zavala for completion of the deal. Lopez-Zavala arrived at the meeting with the fentanyl pills and was arrested shortly after delivering them.
This case is the product of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted, Lopez-Zavala faces a maximum statutory penalty of up to 20 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Operation Synthetic Opioid Surge (S.O.S.) a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers. In July 2018, the Justice Department announced the creation of S.O.S., which is being implemented in the Eastern District of California and nine other federal districts.
Kern County Man Indicted for Assaulting a Postal CarrierRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one count indictment Thursday against Marco Pergis, 41, of Wasco, charging him with assault on a federal employee inflicting bodily injury, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on June 21, 2023, Pergis assaulted a postal carrier while the carrier was delivering mail in Wasco. Pergis approached the postal carrier, struck the carrier in the face, and caused injury requiring medical attention.
The case is the product of an investigation by the U.S. Postal Inspection Service and the Kern County Sheriff’s Department. Assistant U.S. Attorney Katrina Brownson is prosecuting the case.
If convicted, Pergis faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of applicable statutory factors and the Federal Sentencing Guidelines, which consider several variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Mexican National Pleads Guilty to Large-Scale Methamphetamine Conspiracy in Kern CountyRead the Press Release
FRESNO, Calif. — Alberto Gomez-Santiago, 37, a Mexican national residing in Arvin, pleaded guilty today to conspiring to distribute and possess with intent to distribute methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in March 2021, Gomez delivered for distribution 26 pounds of methamphetamine to co-defendants Jorge Calderon-Campos, 42, a Mexican national residing in Bakersfield, and Mark Garcia, 23, of Bakersfield. Law enforcement officers later seized the drug from Garcia’s vehicle during a traffic stop.
According to court documents, the transaction was one of many involving Calderon-Campos, who was the target of a wiretap investigation that resulted in the seizure of more than 86 pounds of methamphetamine and 1 kilogram of heroin. The wiretap investigation also uncovered an illegal cockfighting enterprise involving Calderon-Campos, who is charged in a separate indictment with violations of the Animal Welfare Act.
This case is the product of an investigation by Homeland Security Investigations and the Drug Enforcement Administration with assistance from the U.S. Department of Agriculture Office of Inspector General, the U.S. Marshals Service, the U.S. Customs and Border Protection, the U.S. Secret Service, the Bureau of Land Management, the Kern County High Intensity Drug Trafficking Area (HIDTA) Task Force, the California Highway Patrol, the California Department of Corrections and Rehabilitation, the Kern County Sheriff's Office, the Kern County Probation Department, and the Bakersfield Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Gomez is scheduled for sentencing by U.S. District Judge Jennifer L. Thurston on Nov. 6, 2023. Gomez faces a mandatory statutory minimum penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a fine of up to $10 million. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Calderon-Campos, Garcia, and four other defendants are currently scheduled for status conferences on Sept. 20, 2023 in the related drug and Animal Welfare Act cases. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Sutter County Hunter Sentenced Following Conviction of Violating Migratory Bird Treaty ActRead the Press Release
SACRAMENTO, Calif. — Carlos T. Ortiz, 27, of Live Oak, pleaded guilty today to transportation and receipt of untagged migratory game birds and was subsequently sentenced by U.S. Magistrate Judge Jeremy D. Peterson to a three-year hunting ban, three years of probation, and a $1,000 fine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Ortiz helped organize and participate in a 10-person goose hunt near the Sutter National Wildlife Refuge in Sutter County. During the hunt, Ortiz and others shot and killed 258 snow geese and white-fronted geese. Snow geese and white-fronted geese are migratory game birds protected by the Migratory Bird Treaty Act. None of the birds were tagged as required by law.
This case was the product of an investigation by the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. Assistant U.S. Attorney Justin Lee prosecuted the case.
Vacaville Man Indicted for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a single count indictment today against Ramon Garcia Jr., 31, of Vacaville, charging him with being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Nov. 5, 2022, law enforcement officers responded to a call involving Garcia at an apartment complex. When officers arrived, Garcia fled before being taken into custody. During his arrest, officers located a key to a white GMC Acadia in his pocket. Officers located the GMC Acadia nearby and conducted a search, where they found a Glock-17 handgun and an unloaded high-capacity, 31-round Glock magazine. Garcia is prohibited from possessing firearms because he has multiple state felony convictions, including two prior domestic violence convictions.
This case is the product of an investigation by the Vacaville Police Department and the Federal Bureau of Investigation with assistance from the Solano County District Attorney’s Office. Assistant U.S. Attorney Haddy Abouzeid is prosecuting the case.
If convicted, Garcia faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
West Sacramento Resident and Former Postal Service Employee Sentenced for Theft of Mail and Possession with Intent to Distribute MarijuanaRead the Press Release
SACRAMENTO, Calif. — Shabina Debbie, 54, of West Sacramento, was sentenced today to five months in prison for theft of mail by a Postal Service employee and possession with intent to distribute marijuana, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between October 2018 and February 2019, Debbie stole 18 mail parcels that had been entrusted to her in the course of her duties as a postal employee at the Sacramento Main Post Office. Law enforcement executed a federal search warrant at Debbie’s residence, where they found several parcels, one of which contained over 3 pounds of marijuana. At the time of the search, Debbie confessed to stealing parcels containing marijuana from the post office and selling the contents. Per a plea agreement, Debbie agreed to forfeit over $125,000 in cash found in her home.
U.S. Postal Service Office of Inspector General (USPS OIG), Western Pacific Area Field Office, Executive Special Agent-in-Charge Kenneth Bulle said, “Today’s sentencing underscores the value of the public’s trust in the USPS and the consequences that result when a USPS employee breaches that trust through theft. USPS OIG special agents remain resolute in maintaining the integrity of the Postal Service. USPS OIG values our partnership with the U.S. Attorney’s Office and the U.S. Postal Inspection Service in holding USPS personnel accountable when they abuse their position of trust.”
This case was the product of an investigation by the U.S. Postal Service Office of Inspector General and the U.S. Postal Inspection Service. Assistant U.S. Attorney Denise N. Yasinow prosecuted the case.
California Truck Parts Manufacturer Sinister Diesel Agrees to Pay $1 Million After Pleading Guilty to Conspiracy and for Manufacturing and Selling Illegal Defeat DevicesRead the Press Release
SACRAMENTO, Calif. — Diesel performance parts manufacturer Sinister Mfg. Company Inc. – doing business as “Sinister Diesel” – pleaded guilty to criminal charges today in federal court and agreed to pay a total of $1 million in criminal fines and civil penalties. The company also agreed to implement a compliance program and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls.
Sinister Diesel pleaded guilty to a two-count Information, charging it with conspiracy to violate the Clean Air Act (CAA) and defraud the United States, and with violating the CAA by tampering with the monitoring device of an emissions control system of a diesel truck. Under the plea agreement, the defendant agrees to pay a $500,000 criminal fine.
Sinister must pay an additional $500,000 under the civil consent decree, which the United States filed simultaneously with its civil complaint against Sinister, alleging violations of the CAA’s prohibition against the sale or manufacture of devices that bypass, defeat or render inoperative emissions controls. The civil consent decree prohibits the company from making, selling, or offering to sell defeat products, including delete tuners, and prevents Sinister Diesel from transferring intellectual property that would allow others to make such products. To ensure compliance with these requirements, Sinister Diesel will implement a robust internal training program and notify its distributors and former customers about the settlement.
“Sinister Diesel sold products that allowed drivers to strip the emissions controls from their trucks, causing a dramatic increase in the release of pollutants that worsen air quality and harm the quality of life,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Environmental laws that control diesel pollution are especially important to protect sensitive populations such as the young, the elderly, and people who suffer from respiratory conditions. My Office will continue to vigorously prosecute those who place profit above the public’s health and the environment.”
“Businesses that manufacture and sell illegal devices to defeat a vehicle’s emissions controls foster pollution and risk decades of progress in curtailing harmful emissions from motor vehicles in this country,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The plea agreement and civil settlement show that we will take strong action to enforce the Clean Air Act and ensure that emissions control requirements for cars and trucks are being followed.”
“For close to ten years, Sinister Diesel sold parts designed to override or disable the emissions control systems on trucks,” said Principal Deputy Assistant Administrator Larry Starfield for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “EPA testing has shown that a vehicle altered with these parts can emit more than 100 times the amount of certain harmful air pollutants, compared to a vehicle with an intact emissions control system. This case shows that we will aggressively prosecute those who manufacture and sell devices designed to defeat vehicle emissions controls.”
According to court documents, Sinister Diesel – from its 2010 incorporation to April 2020 – manufactured and sold parts intended to be installed on motor vehicles, particularly diesel trucks, to enable “deleting” the trucks by removing or disabling the trucks’ emissions control systems. Various products, referred to as “delete devices” or “defeat devices,” are used in the process of “deleting” a vehicle. Sinister often sold its products as part of “delete kits,” sometimes bundled with “delete tunes.” The delete tunes were software produced by another company which could alter a diesel truck’s onboard computer to allow a truck with its emissions controls “deleted” to appear to run normally.
Through its employees, Sinister Diesel reached agreements with other companies that manufactured tuners or tuning platforms to sell their products bundled together. Sinister would often advise customers on other needed parts for their deleted vehicles to run properly with Sinister’s delete kits — such as a tuner or tuning platform and delete tunes — and sell them those products, too. Sinister also counseled customers on how to evade state emissions tests.
Though Sinister sometimes labeled its delete products for “racing” and included disclaimers in marketing materials indicating that its products should be used only in off-road settings, the company knew most of its delete products were purchased by diesel truck drivers who used those products on public roads, not racetracks. At times, approximately 25% of Sinister’s gross revenue stemmed from its delete products. According to Sinister’s sales statistics, between October 30, 2015, and July 17, 2017, it sold 39,792 defeat devices, including at least 35,960 kits that disable vehicles’ exhaust gas recirculation systems.
Deleting a diesel truck causes its emissions to increase dramatically. For example, for a fully deleted truck with all emissions equipment removed, EPA testing has quantified the increased emissions as follows: Nitrogen oxides increased 310 times, non-methane hydrocarbons increased 1,400 times, carbon monoxide increased 120 times and particulate matter increased 40 times. EPA’s Air Enforcement Division released a report in November 2020 finding that more than 500,000 diesel pickup trucks in the United States – approximately 15% of U.S. diesel trucks that were originally certified with emissions controls – have been illegally deleted.
Diesel emissions contain multiple hazardous compounds and harm human health and the environment. Diesel emissions have been found to cause and worsen respiratory ailments such as asthma and lung cancer. One study found that 21,000 American deaths annually are attributable to diesel particulate matter. Additionally, exposure to polluted air in utero has been associated with a host of problems with lifelong ramifications including low birth weight, preterm birth, autism, asthma and brain and memory disorders.
The defendant is scheduled to be sentenced in the criminal case by U.S. District Court Judge John A. Mendez for the Eastern District of California on November 14, 2023. Though Sinister Diesel agreed to pay a $500,000 criminal fine under its plea agreement, the company faces – for each count – a maximum fine of $500,000 or twice the gross pecuniary gain derived from the offense. Its sentence will be determined at the discretion of the court after consideration of all applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The criminal case was the product of an investigation by the EPA’s Criminal Investigation Division, with assistance from the Federal Bureau of Investigation’s Sacramento Field Office. Assistant United States Attorney Katherine T. Lydon of the Eastern District of California and Senior Counsel Krishna S. Dighe and Trial Attorney Stephen J. Foster of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division (ENRD) are prosecuting the criminal case. The federal civil case is being handled by Senior Attorney Eric Albert and Senior Counsel Joanna Day of the Environmental Enforcement Section of ENRD, Attorney Advisor David H. Kim of EPA’s Region 9 office, and Janice Chan of the EPA’s Region 9 office.
Stopping the manufacture, sale, and installation of illegal delete devices is a priority for EPA. To learn more, visit: www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines. To learn more about EPA’s criminal enforcement actions on defeat devices, visit www.epa.gov/enforcement/criminal-press-releases-2023 and https://www.epa.gov/enforcement/criminal-press-releases-2022.
The consent decree for this settlement, lodged today in the U.S. District Court for the Eastern District of California, is subject to a 30-day public comment period and approval by the court. A copy of the consent decree and information on submitting comments will be available on the Department of Justice website at: www.justice.gov/enrd/consent-decrees.
sinister_-_doc_10_-_plea_agreement.pdfThree Fresno County Residents Indicted for Conspiracy to Sell 6.5 Pounds of Fentanyl Pills and 30 Pounds of MethamphetamineRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Gilberto Arteaga, 41, of Fresno; Juan Castro, 48, of Sanger; and Shannon Calhoun, 53, of Sanger, charging them with conspiring to possess with intent to distribute fentanyl and methamphetamine and possessing with intent to distribute fentanyl and methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in the spring of 2023, law enforcement began investigating Arteaga for suspicion of trafficking fentanyl. The investigation revealed a connection between Arteaga and a car owned by Calhoun that had made several, same day, quick trips into Mexico and back to California. On July 15, 2023, Calhoun’s car crossed into Mexico and then hours later back into California. The next day, agents observed Calhoun’s car next to Arteaga’s car in Fresno. Both cars were stopped and searched. Inside Calhoun’s car, officers found a bag with about 30,000 fentanyl pills and 30 pounds of methamphetamine. Arteaga, Castro, and Calhoun were all arrested.
This case is the product of an investigation by FORT (a multi-agency team composed of Homeland Security Investigations, the Drug Enforcement Administration, the Fresno Police Department, and the Clovis Police Department. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted, the defendants face a mandatory minimum sentence of 10 years up to a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Operation Synthetic Opioid Surge (S.O.S.) a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers. In July 2018, the Justice Department announced the creation of S.O.S., which is being implemented in the Eastern District of California and nine other federal districts.
Ten MS-13 Members and Associates Indicted for Gang-Related Murders and RacketeeringRead the Press Release
FRESNO, Calif. — A seven-count superseding indictment was unsealed today, charging 10 MS‑13 members and associates with a RICO conspiracy and murder in aid of racketeering, U.S. Attorney Phillip A. Talbert announced.
“When reports surfaced that MS-13 had established a presence in the City of Mendota in the Central Valley, a multi-agency investigation was launched,” U.S. Attorney Talbert said. “Today’s announcement is a direct result of the arrests in 2018 of 25 individuals on federal and state charges in connection with their Mara Salvatrucha (MS‑13) gang activities. One of the highest priorities of my office and of the federal law enforcement agencies we work with is to partner with the police departments, sheriffs’ offices, and district attorneys in our district to reduce violent crime.”
According to court documents, the following defendants named in the indictment are alleged members and associates of Mara Salvatrucha (MS-13), a violent criminal street gang: Martin Alfredo Leiva-Leiva, 43, of Richmond; Juan Carlos Urias-Torres, 34, of Stockton; Angel Antonio Diaz-Morales, 32, of Salinas; Jose Rene Barrera-Martinez, 34, of Mendota; Luis Fausino Diaz-Pineda, 28, of Mendota; Angel Antonio Castro-Alfaro, 29, of Mendota; Jose Joaquin Amaya-Orellana, 31, of Mendota; Julio Cesar Recinos-Sorto, 28, of Leesburg, Virginia; Jose Armando Torres-Garcia, 27, of El Salvador; and Jose Santos Hernandez-Otero, 29, of El Salvador. The criminal organization’s members and associates engage in acts of violence, including acts involving murder, extortion, kidnapping, assault, and other crimes often with the purpose of intimidating rival gang members, victims of extortion, and members of the community, and to protect their “turf” and fellow gang members.
MS-13
According to court documents, MS-13 (Mara Salvatrucha) was formed in Los Angeles in the mid 1980s by Salvadoran immigrants and is known for committing brutal acts of violence against rival gang members and nongang members. MS-13 in Los Angeles is beholden to the Mexican Mafia, which is a criminal organization that united Hispanic gang members under a single alliance operating within the California state prison system, the streets and suburbs of large cities throughout Southern California, and elsewhere.
MS-13 has a self-imposed code of conduct to enforce and maintain compliance among its members. MS-13 also adopts and enforces the Mexican Mafia’s rules. MS-13 has zero tolerance for members and associates who cooperate with law enforcement. Once MS-13 has evidence that someone has cooperated with law enforcement, MS-13 issues a “green light” as to that person, which is an order that if any MS-13 member sees the person who is allegedly or actually cooperating with law enforcement, that person is to be killed on sight. MS-13 members also engage in acts of violence against innocent citizens and rival gang members in their territory.
Participation in violent acts increases the respect accorded to members who commit violent acts. Additionally, commission of violent acts by MS-13 members enhances the gang’s overall reputation for violence in the community, resulting in the intimidation of citizens in MS-13’s territory.
MS-13 in Fresno County
Since 2015, there are more than 14 homicides alleged to be related to MS-13 in Mendota. These homicides are alleged to be related to MS-13 for a variety of reasons that include: the locations where the homicide victims were recovered (in and around Mendota), the association between the homicide victims and known MS-13 gang members, and the cause of death or condition the homicide victims have been found, including gruesome attacks caused by machetes, a weapon commonly used by MS‑13 gang members.
The MS-13 subsets operating in Mendota have a direct connection to, and originate from, MS‑13 from Los Angeles. Investigators allege that the individuals charged in the indictment were associated with a Mara Salvatrucha subset in Mendota known as Vatos Locos Salvatruchos (VLS).
Murder of an adult male on Jan. 26, 2016
Leiva-Leiva and Diaz-Morales are charged with the murder of an adult male on Jan. 26, 2016, in San Benito County for the purpose of gaining entrance and maintaining and increasing position in MS-13.Murder of an adult female on July 13, 2016
Leiva-Leiva and Urias-Torres are charged with the murder in Fresno County of an adult female that occurred on July 13, 2016, for the purpose of gaining entrance and maintaining and increasing position in MS-13.Murder of an adult female and an adult male on Oct. 30, 2016
Leiva-Leiva, Hernandez-Otero, Torres-Garcia, Amaya-Orellana, and Recinos-Sorto are charged with murdering an adult female and an adult male on Oct. 30, 2016, in Fresno County for the purpose of gaining entrance and maintaining and increasing position in MS-13.Murder of an adult male in January 2017
Leiva-Leiva, Barrera-Martinez, Diaz-Pineda, and Angel Antonio Castro-Alfaro are charged with the January 2017 murder of an adult male in Fresno County for the purpose of gaining entrance and maintaining and increasing position in MS-13.Murder of an adult female on Dec. 13, 2017
Leiva-Leiva and Urias-Torres are charged with the murder of an adult female on Dec. 13, 2017, for the purpose of gaining entrance and maintaining and increasing position in MS-13.“MS-13 gang members prey upon the communities they live in, committing the most heinous, violent acts against their victims. The streets of the Central Valley and surrounding communities are safer when criminal gang members are arrested and held to account for their crimes,” said HSI San Francisco Special Agent in Charge Tatum King. “I’m proud of HSI’s exhaustive investigative work, together with the Federal Bureau of Investigation, the Fresno County Sheriff’s Office, the California Highway Patrol, the California Department of Justice, and the US Attorney’s Office in the Eastern District of California, in bringing these subjects to justice.”
“The FBI is deeply committed to leveraging all of its assets, both foreign and domestic, in collaboration with our local, state, and federal partners to disrupt and dismantle criminal organizations that threaten the communities we serve. Every family deserves to live in a community free of fear and gang violence,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “We also need the public to come forward with information to help us all in that mission. Never suffer in silence; law enforcement can and will help ensure justice for victims and safer communities for all.”
This case is the product of an investigation by the Federal Bureau of Investigation and Homeland Security Investigations, in partnership with the Fresno County Sheriff’s Office, the Multi-Agency Gang Enforcement Consortium (MAGEC), and the Fresno County District Attorney’s Office with assistance from the Mendota Police Department, the San Benito County Sheriff’s Office, the Los Angeles Police Department Robbery, Homicide Division and the Los Angeles County Sheriff’s Office. The U.S. Department of Justice’s Organized Crime and Gang Section (OCGS), the Office of Enforcement Operations (OEO), and the Office of International Affairs (OIA) also assisted. Assistant U.S. Attorneys Kimberly A. Sanchez and Justin J. Gilio and Special Assistant U.S. Attorney Robert Veneman-Hughes are prosecuting the case.
If convicted, the defendants face a mandatory minimum sentence of life in prison and a maximum statutory penalty of death. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Anyone with information on murders committed in the Mendota area 2014-2018, please call the Fresno County Sheriff’s Office Homicide Unit at 559-600-3111.
leiva-leiva_superseding_indictment.pdfNigerian National Based in Maryland Sentenced to 4 Years and 9 Months in Prison and Nigerian House Ordered Forfeited for Schemes to Steal Unemployment Insurance BenefitsRead the Press Release
SACRAMENTO, Calif. — Nigerian national Olamide Yusuf Bakare, 26, currently residing in Laurel, Maryland, was sentenced today to four years and nine months in prison for conspiracy to commit wire fraud during the COVID-19 pandemic, U.S. Attorney Phillip A. Talbert announced.
Bakare pleaded guilty in January 2023. According to court documents, between June 2020 and July 2021, Bakare, along with co-defendants Quazeem Owolabi Adeyinka and Ayodeji Jonathan Sangode, and others, participated in a conspiracy to submit fraudulent unemployment insurance (UI) and Pandemic Unemployment Assistance (PUA) claims to the States of Maryland and California. More than 200 individual applications were filed with the California Employment Development Department (EDD) and the Maryland Department of Labor (MDOL) indicating that the claimants’ address was the Hyattsville, Maryland, apartment that the defendants shared.
During the conspiracy, the conspirators obtained the personally identifiable information (PII) of persons who were not eligible for UI or PUA benefits or who did not authorize the conspirators to act on their behalf with respect to seeking such benefits. Such PII included names, dates of birth, and Social Security numbers. The conspirators then used the PII to submit dozens of fraudulent UI and PUA claims to EDD and MDOL under the putative claimants’ identities and without their authorization.
The underlying benefit applications contained fraudulent representations, including, for example, that the claimants had worked for certain employers and supervisors; had specific annual incomes; worked during certain time periods; were self-employed in various occupations; were laid off and had no work; were newly unemployed due to a disaster including the COVID-19 pandemic; and were currently available to work. Most, if not all, of these claims were false because the claimants were not so previously working, employed, newly unemployed, or seeking new employment.
The conspirators knew that these representations were false or lacked the knowledge and authority to make such representations. These actions caused EDD and MDOL to approve at least 142 fraudulent UI and PUA claims.
For each approved claim, EDD and MDOL deposited benefit funds into a debit card account administered by Bank of America and under the identity of the putative claimant. Bank of America then mailed at least 142 unauthorized debit cards to addresses under the control of the defendants. Bakare then obtained these debit cards to withdraw cash at ATMs for the benefit of himself and his coconspirators.
During this conspiracy, Bakare also possessed three additional UI debit cards which had been issued by Maine’s Bureau of Unemployment Compensation, North Carolina’s Division of Employment Security, and Nevada’s Department of Employment Training and Rehabilitation. Each debit card was linked to an account that contained UI benefits. Bakare was not the named beneficiary on the cards or for the associated benefits, and he possessed them with intent to defraud the state agencies.
The debit cards that Bakare possessed and used during the conspiracy were linked to bank accounts that received a total of at least $2,265,844 in fraudulent UI and PUA benefits. He used this money, in part, to purchase a condominium in Lekki, Lagos State, Nigeria for $70 million Naira. As part of the sentence, this asset was ordered forfeited.
This case is the product of an investigation by the Department of Labor – Office of the Inspector General, the Federal Bureau of Investigation, the Department of Homeland Security – Office of the Inspector General – Covid Fraud Unit, and the California EDD – Investigation Division. Assistant U.S. Attorney Denise N. Yasinow is prosecuting the case.
Adeyinka pleaded guilty to conspiracy to commit wire fraud, and Sangode pleaded guilty to access device fraud. Both are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Aug. 22, 2023. Adeyinka faces a maximum statutory penalty of 20 years in prison, and Sangode faces a maximum statutory penalty of 15 years in prison. Their actual sentences, however, will be determined at the discretion of the Court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This effort is part of a California COVID-19 Fraud Enforcement Strike Force operation, one of three interagency COVID-19 fraud strike force teams established by the U.S. Department of Justice. The California Strike Force combines law enforcement and prosecutorial resources in the Eastern and Central Districts of California and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces use prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds.
Two Galt Men Indicted for Being Felons in Possession of FirearmsRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment Thursday, July 20, 2023, against Galt residents Dexter Weeks, 32, and William Lesley, 33, charging both with being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on May 25, 2023, law enforcement officers conducted a parole search of Weeks’ residence, where Lesley also was staying. Over the course of the search, law enforcement found multiple firearms of different calibers from in Week’s bedroom and Lesley’s bedroom and other areas of the residence. The firearms included a Saiga AK-47 semi-automatic rifle. Weeks and Lesley are prohibited from possessing firearms or ammunition because they each have multiple state felony convictions, including convictions for felon in possession of a firearm in Cook County, Illinois.
This case is the product of an investigation by the Sacramento Sheriff’s Office, the Parole Division of the California Department of Corrections and Rehabilitation, the Federal Bureau of Investigation, and the FBI’s Safe Streets Task Force. Assistant U.S. Attorney Haddy Abouzeid is prosecuting the case.
If convicted, each defendant faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Fresno Man with Four Prior Convictions for Unlawfully Possessing Firearms and Ammunition Sentenced to 4 Years in Prison for Illegal Possession of AmmunitionRead the Press Release
FRESNO, Calif. — Earnest Donte Ruff, 25, of Fresno, was sentenced to four years and three months in prison for being a felon in possession of ammunition, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on April 21, 2021, Ruff was arrested and found to be in possession of a loaded .40‑caliber gun with no serial number. At the time, Ruff was out on bond pending sentencing in a case in which he had pleaded guilty to participating in a shooting on “the Strip” in Las Vegas. When Ruff possessed the firearm in this case, he was also on community supervision for illegally possessing another firearm in Fresno in 2019. This conviction is Ruff’s fifth conviction for illegally possessing firearms or ammunition.
This case was the product of an investigation by the Federal Bureau of Investigation and the Multi-Agency Gang Enforcement Consortium. Assistant U.S. Attorney Justin J. Gilio prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
San Francisco Felon Pleads Guilty to Trafficking FirearmsRead the Press Release
Rondell Cramer, 45, of San Francisco, pleaded guilty Thursday to unlawful dealing in firearms, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on June 1, 2022, while driving in Fairfield, Cramer was pulled over for driving a vehicle without a license plate. The officer arrested Cramer for two outstanding felony warrants. A search of his vehicle resulted in the discovery of a Glock 9 mm caliber firearm, as well as a bill of sale for another firearm and stolen merchandise, much of which still had antitheft tags on them. Cramer is not allowed to possess firearms or ammunition because he has previously been convicted of six felony offenses, including a prior conviction for being a felon in possession of a firearm. A search of Cramer’s phones revealed multiple conversations showing that Cramer was buying firearms in Arizona under an alias, and then selling them in California. Follow-on investigation by the ATF confirmed that Cramer had been trafficking firearms since at least August 2020.
This case is the product of an investigation by the California Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
Cramer is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on Oct. 12, 2023. He faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Nevada Woman Sentenced to 5 Years Prison for Hiring Hitman on Dark Web to Kill Her Ex-HusbandRead the Press Release
SACRAMENTO, Calif. — Kristy Lynn Felkins, 38, of Fallon, Nevada, was sentenced Thursday to five years in prison for a murder for hire plot, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Felkins sent 12 bitcoin (valued at approximately $5,000 at the time) to a dark web hitman website, known as Besa Mafia, to have her ex-husband murdered. From February to May 2016, Felkins regularly communicated with the administrator of the site to pay and arrange for the murder of her ex-husband. Felkins gave the administrator the specific location of her husband in an attempt to have him murdered.
Besa Mafia operated as a “hidden service” on the Tor network, which is an anonymizing internet service that is known informally as the “dark web.” The Besa Mafia website, however, was actually a scam, and Felkins was not refunded the bitcoin she sent to the site, which is no longer in operation.
This case was the product of an investigation by Homeland Security Investigations (HSI), as part of the Northern California Illicit Digital Economy (NCIDE) Task Force, consisting of agents from HSI, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the Drug Enforcement Administration. The NCIDE Task Force is a federal task force targeting all forms of dark web and cryptocurrency criminal activity in the Eastern District of California. Assistant U.S. Attorney Justin Lee prosecuted the case.
Fairfield Man Sentenced to 10 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — William Josiah Scrivner, 37, of Fairfield, was sentenced Thursday to 10 years in prison for being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on March 23, 2022, law enforcement officers observed Scrivner as the driver and sole occupant of a vehicle in the parking lot of the NorthBay Medical Center in Fairfield. The officers arrested Scrivner on an outstanding Solano County arrest warrant. A post-arrest search of his person and vehicle resulted in approximately 40 grams of methamphetamine, $551 on his person, and a digital scale found in his car. A probation search of Scrivner’s residence resulted in the discovery of two firearms, one of which was stolen, firearm parts and ammunition, additional methamphetamine, and two more scales. Scrivner is prohibited from possessing firearms or ammunition because he has been convicted of several felonies, including two prior convictions for possession of methamphetamine for sale and a prior conviction for being a felon in possession of ammunition.
This case was the product of an investigation by the Fairfield Police Department, the Solano County District Attorney’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the FBI’s Solano County Violent Crimes Task Force. Assistant U.S. Attorney Adrian T. Kinsella prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Two Indictments Charge International Travel to Engage in Illicit Sexual Activity with MinorsRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney Phillip A. Talbert joins with Homeland Security Investigations Special Agent in Charge Tatum King, FBI Special Agent in Charge Sean Ragan, and Kathleen Nicholls, Chief of the Department of Consumer Affairs Division of Investigation to announce indictments charging sexual exploitation of children, a global problem demanding a global response.
The indictments are part of an initiative known as Project Safe Childhood that seeks to prevent the sexual exploitation of children and achieve justice for the victims of such crimes.
“To vindicate victims of child exploitation and bring criminals to justice, our law enforcement and our communities must work together in partnership across county, state, and national borders,” U.S. Attorney Talbert said. “Our office is committed to protect our children and hold offenders accountable.”
“Homeland Security Investigations San Francisco/NorCal and FBI, in partnership with the California Dept of Consumer Affairs and the U.S. Attorney’s Office are seeking information on any individuals that may have been victimized by Mr. Reger,” said HSI Special Agent in Charge Tatum King. “Of importance, HSI and Law Enforcement partners are focused on providing victim support and holding the alleged violator accountable for his actions in a court of law. We ask the community and media to help magnify this request so that victims, regardless of their current location around the world can be aware of the latest developments in this case.”
“Child predators prey upon the innocence and naivete of their victims, damaging trust and forever changing the course of their lives. The FBI Sacramento Field Office is determined to thoroughly investigate allegations like these to seek justice and connect identified victims with vital services that can help heal the trauma they have experienced,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “We are grateful for our continued partnership with the Lassen County Sheriff’s Office, Lassen County District Attorney’s Office, and Homeland Security Investigations. Trust and collaboration are essential to ensuring the safety and security of the communities we serve. We also thank the Church of the Nazarene and California Department of Consumer Affairs for their efforts to aid this investigation.”
“The California Department of Consumer Affairs is committed to protecting California consumers,” said Kathleen Nicholls, Chief of the Department of Consumer Affairs Division of Investigation. “We are grateful for our law enforcement partners who share the common goal of taking action against those who violate the law.”
Danish Man Alleged to Have Traveled from Denmark to Fresno to Exploit a Minor
A federal grand jury returned a two-count indictment today against Claus Svelmo Marcuslund, 58, of Denmark, charging him with distribution of child pornography and attempted coercion or enticement of a minor to engage in illicit sexual activity.
According to court documents, in January 2023, Marcuslund contacted an undercover agent who had created the profile of a mother with a seven-year-old daughter, on a dark web website dedicated to persons interested in pedophilia. Marcuslund told the agent that “I’m Scandinavian, professional music producer/songwriter and lyricist and yeah, I’m also a pedophile.” He also stated that “I’m divorced and now searching [for] a nice woman/mom to get to know better, hopefully with the potential of getting together in real life one day. Obviously, she must be 100% supportive of pedophilia and incest.” During the next several months Marcuslund sent messages to the agent through the website’s messaging feature, as well as the fully encrypted Telegram application, that explained in graphic detail the sexual acts in which he hoped to engage with the mother and child. As part of those communications, he sent images of adults sexually abusing young children. He also discussed having another child with the mother and molesting the newborn.
Marcuslund boarded a flight from Copenhagen to the Los Angeles International Airport and then boarded a flight to Fresno. On July 11, 2023, Marcuslund was arrested upon arrival at the Fresno International Airport and has been ordered detained as a risk of flight and danger to the community.
This case is the product of an investigation by Homeland Security Investigations with assistance from the Central Valley Internet Crimes Against Children Task Force. Assistant U.S. Attorney David Gappa is prosecuting the case.
Susanville Man Charged with Multiple Crimes Involving Sexual Abuse of Minors
A federal grand jury returned a five-count indictment today against Bradley Earl Reger, 67, of Susanville, charging him with: engaging in illicit sexual activity abroad, transportation of a minor with intent to engage in criminal sexual activity, and coercion and enticement.
According to court documents, Reger sexually abused more than a dozen patients between the ages of 12 and 22 under the guise of conducting purported medical examinations at his medical clinic in Susanville, and in hotel rooms and camp sites all over the world. Reger is a licensed Nurse Practitioner with the California Board of Registered Nursing and has been since at least 2003. Since at least 1986, Reger has been heavily involved in various Christian schools, summer camps, youth groups, and church missions. He has held positions as a teacher, camp counselor, church deacon, youth group leader, and owner of affiliated nonprofit organizations.
The indictment alleges that Reger sexually abused three different minor victims, in locations such as: Susanville, Nevada, Virginia, and Poland. These offenses allegedly took place between 2006 and 2014.
This case is the product of an investigation by the Federal Bureau of Investigation, Homeland Security Investigations, and the California Department of Consumer Affairs with assistance from the Lassen County Sheriff’s Office and the Lassen County District Attorney’s Office. Assistant U.S. Attorneys Christina McCall and Roger Yang are prosecuting the case.
The FBI and HSI are seeking to identify potential victims of Bradley Reger. If you believe that you and/or your minor dependent(s) were victimized by Reger at any time, in the United States or abroad, or have information relevant to this investigation, please complete the online form available at: www.fbi.gov/RegerVictims. Additionally, if you know of someone else who may have been victimized by Bradley Reger, please encourage them to complete the form.
If convicted, Reger faces a maximum statutory penalty of 30 years in prison and a $250,000 fine for the counts of engaging in illicit sexual conduct abroad, up to life in prison and a fine of $250,000 for transportation with intent to engage in criminal sexual activity, and up to 20 years in prison and a fine of up to $250,000 for coercion and enticement. If convicted, Marcuslund faces a maximum statutory penalty of life in prison and a $250,000 fine.
Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
These cases are brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
reger_indictment.pdf
marcuslund_filed_copy.pdfJury Finds Former Correctional Sergeant Guilty of Perjury During Investigation into Cover-Up of Assault of a CSP Sacramento InmateRead the Press Release
SACRAMENTO, Calif. — A jury found a former California state correctional officer guilty yesterday afternoon of perjury in connection with a federal grand jury investigation into a conspiracy to cover up an assault of an inmate, U.S. Attorney Phillip A. Talbert announced. Following a three-day trial, Brenda Villa, 32, of North Highlands, was found guilty of one count of perjury.
According to the court records and evidence presented at trial, Villa was a correctional sergeant supervising other officers at California State Prison – Sacramento (also known as New Folsom State Prison or CSP-Sacramento) when correctional officer Arturo Pacheco unlawfully assaulted an inmate under color of law. Following the assault and the inmate’s death, the California Department of Corrections and Rehabilitation (CDCR) initiated an internal investigation. As the CDCR internal investigation proceeded, a federal grand jury began investigating federal criminal charges in conjunction with the Federal Bureau of Investigation and the U.S. Attorney’s Office.
Villa was called to testify in front of the grand jury about her role and the actions of her fellow officers in covering up the unlawful assault. Villa lied under oath to the federal grand jury investigating the incident.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Michael D. Anderson and Rosanne L. Rust are prosecuting the case.
Former correctional officers Arturo Pacheco and Ashley Aurich pleaded guilty and were sentenced to 12½ years and 21 months in prison, respectively.
Villa’s sentencing will be scheduled in front of U.S. District Judge William B. Shubb at a future court hearing. The next hearing in the case is on Monday, July 24, 2023. Villa faces a maximum statutory penalty of five years in prison for perjury and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Bay Area Resident Pleads Guilty to Arson in the Lake Tahoe AreaRead the Press Release
SACRAMENTO, Calif. — Douglas Gregory Edwards, 37, formerly of Berkeley, pleaded guilty today to setting fire to federal land in the Lake Tahoe area, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on July 5, 2020, Edwards set three separate fires in the forest and near hiking trails in a protected area of federal land known as the Lake Tahoe Basin Management Unit. At the time of the fires, campfires were restricted, and smoking was prohibited except inside of a vehicle or other designated areas.
The Echo Fire
Edwards set the first fire at approximately 3:00 a.m. on a slope near Echo Lake, which became known as the Echo Fire. Civilian witnesses at the Echo Lake Chalet witnessed this fire as it began to emit smoke and notified first responders, who extinguished it with the help of a firefighting helicopter. A witness saw Edwards at the site of the Echo Fire watching an eight-foot dead tree burning but taking no steps to extinguish the fire. After firefighters extinguished the fire, investigators found a cigarette butt directly above the ignition site.
The Upper Fire
The second fire ignited shortly after 9:00 a.m. less than a mile downhill from the site of Edwards’s first fire. Again, firefighters contained this second fire using water drops from aircraft, and it was contained at approximately 4:30 p.m. Investigators found two cigarette butts near the ignition site of this second fire, and DNA analysis of those cigarette butts connected them to Edwards. In addition, a single set of shoe impressions from the Upper Fire’s origin area led back to a hiking trail that connects to Echo Peak. The tread and size of the shoe prints matched the shoes that Edward was wearing when he was arrested on July 5, 2020.
The Lake Fire
The third fire ignited around noon in the same general vicinity, near a hiking path that provides access to the Pacific Crest Trail. It was in a remote location with thick brush and trees that limited access for fire response resources. Multiple witnesses hiking in the area observed Edwards running and hiking near where this third fire began. The witnesses observed Edwards smoking a cigarette and holding a cigarette lighter. Law enforcement agents subsequently arrested Edwards in the afternoon as he was hiking approximately a quarter of a mile away from the ignition sites of each of the three fires.
This case is the product of an investigation by the U.S. Forest Service. The California Highway Patrol, the El Dorado County Sheriff’s Office, and the California Department of Justice’s Bureau of Forensic Science provided assistance. Assistant U.S. Attorney Sam Stefanki is prosecuting the case.
Edwards is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Oct. 24, 2023. Edwards faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Orange County Man Sentenced to 4.25 Years in Prison for Trafficking Fentanyl and Heroin in Bakersfield and FresnoRead the Press Release
FRESNO, Calif. — Luis Noe Hernandez Rojo, 34, of Orange, was sentenced today to four years and three months in prison for conspiring to distribute and possess with intent to distribute fentanyl and heroin, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Hernandez participated in a well-established heroin and methamphetamine drug trafficking organization based in Mexico by agreeing to deliver fentanyl and heroin on two occasions in Bakersfield on behalf of the organization. On Aug. 7, 2019, Hernandez delivered approximately 2,000 counterfeit oxycodone pills laced with fentanyl to an undercover agent. On Dec. 13, 2019, Hernandez was arrested while transporting to the same undercover agent in Fresno approximately 60,000 counterfeit oxycodone pills laced with fentanyl, 4.2 pounds of fentanyl powder, and 17.6 pounds of black tar heroin.
Co-defendant Donis Ariel Maldonado, 31, a citizen of Guatemala, was arrested last year for his involvement in the drug conspiracy and is scheduled for a status conference in federal court in Fresno on Sept. 20, 2023.
This case is the product of an investigation by the Federal Bureau of Investigation and the High Impact Investigation Team (HITT) with assistance from the Drug Enforcement Administration. HIIT is a High Intensity Drug Trafficking Area (HIDTA) Initiative, which consists of personnel from the FBI, the California Department of Justice, the California Highway Patrol, the Tulare County Sheriff’s Office, the Kings County Sheriff’s Office, the Madera County Sheriff’s Office, the Fresno County Sheriff’s Office, the Fresno County District Attorney’s Office, and the Fresno Police Department. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Leader of Marijuana Grow in Shasta-Trinity National Forest Sentenced to over 11 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Fidel Sanchez-Cruz, 42, of Mexico, was sentenced today to 11 years and three months in prison and ordered to pay $19,354 in restitution to the United States, for conspiracy to grow marijuana in the National Forest and depredation of public lands and resources, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Sanchez-Cruz was the leader and organizer of a marijuana grow operation in the Shasta-Trinity National Forest near Highway 36 in Trinity County. In August 2018, law enforcement officers executed a search of the grow site and eradicated 6,575 marijuana plants, a marijuana processing area, and harvested marijuana. Sanchez-Cruz oversaw the operation from a distance, while co-defendants Abraham De Los Santos-Sanchez and Agustin Cruz-Sanchez lived at the grow site from April to August 2018. Sanchez-Cruz made brief visits to the grow site at strategic times, including during planting season and at harvest time to inspect the marijuana crop, drop off supplies, and provide instructions to the workers during the grow season.
A .40 caliber Smith & Wesson handgun with an obliterated serial number, pellet rifles, a loaded Smith & Wesson magazine, and a .40 caliber Smith & Wesson ammunition cartridge were found at the site.
The environmental damage to the forest was analyzed and documented by Integral Ecology Research Center, a non-profit organization dedicated to the research and conservation of wildlife and their ecosystems that has examined over 100 public land marijuana grow sites. According to the environmental assessment report, environmental scientists found and documented extensive environmental damage, including the use and disposal of bottles of pesticides, fertilizers, and other chemicals. The hazardous wastes found at the grow site included carbofuran, a toxic pesticide that is banned in the United States. The environmental assessment concluded that the carbofuran and other pesticides and fertilizer at the grow site likely posed a significant direct risk to a number of endangered and threatened species, including the northern spotted owl, the foothill-yellow-legged frog, and coho salmon. Makeshift reservoirs and a large network of plastic irrigation lines were also found and eradicated. The environmental assessment concluded that more than 14.25 million gallons of water were illegally diverted at the grow site.
Law enforcement also searched Sanchez-Cruz’s residence in Corning, on Aug. 17, 2018, and found two baggies with about 24 grams of cocaine, five bags of processed marijuana weighing a total of about 3.96 pounds, a digital scale, packaging materials, three bags of marijuana seeds, cultivation tools, and a Winchester 20-gauge shotgun.
This case was the product of an investigation by the U.S. Forest Service with assistance from the U.S. Bureau of Land Management, the California Department of Fish and Wildlife, the California Highway Patrol, the California Department of Justice – North State Marijuana Investigation Team, the Trinity County Sheriff’s Office, the Tehama County Sheriff’s Office, the Corning Police Department, and the Red Bluff Police Department. Assistant U.S. Attorney David W. Spencer prosecuted the case.
Santos-Sanchez pleaded guilty to conspiracy to manufacture marijuana and on June 18, 2020, was sentenced to 10 years in prison. Cruz-Sanchez pleaded guilty to conspiracy to manufacture marijuana and depredation of public lands and resources and on March 9, 2023, was sentenced to 10 years in prison.
California Doctor and Medical Practice Agree to Pay $11.4 Million to Resolve False Claims Act Allegations Relating to Skin Biopsies, Spine Surgeries, and Urine Drug TestingRead the Press Release
SACRAMENTO, Calif. — Lags Spine & Sportscare Medical Centers Inc. (Lags Medical) and Francis P. Lagattuta M.D., the owner and medical director of Lags Medical, have agreed to pay $11,388,887 to resolve allegations that they violated the False Claims Act by submitting millions of dollars of false claims to Medicare, Medi-Cal, and the Oregon Medicaid program for medically unnecessary skin biopsies, spinal cord stimulation surgeries, and urine drug testing, U.S. Attorney Phillip A. Talbert announced today.
Skin Biopsies
The settlement resolves allegations that, from 2016 to 2021, Lagattuta and Lags Medical performed medically unnecessary skin biopsies to test patients for small fiber neuropathy. As part of the settlement, Lagattuta and Lags Medical acknowledged that Lagattuta created what he named an “Artificial Intelligence Team” of non-provider staff who were required to order at least 150 skin biopsies per week for patients without the consent of the patients’ treating providers at Lags Medical. Each biopsy order stated that the patient had identical symptoms of small fiber neuropathy, yet those symptoms were generally inconsistent with those patients’ actual symptoms. Lagattuta and Lags Medical also acknowledged as part of this settlement that, if a patient refused a skin biopsy, Lags Medical told the patient that they would reduce their opioid medication and instructed the patient’s provider to immediately taper the patient’s medication.
Spinal Cord Stimulation Surgeries
The settlement also resolves allegations that, from 2018 to 2021, Lagattuta and Lags Medical performed medically unnecessary surgeries to implant spinal cord stimulators, which is an invasive surgery of last resort for the treatment of chronic pain. Lagattuta paid a psychiatrist to state to Medicare and Medicaid insurers that the psychiatrist had performed a necessary psychological evaluation on each patient prior to receiving the surgery and that the patient did not have any preexisting psychological or active substance abuse disorders that would adversely affect their response to the surgery. But Lagattuta and Lags Medical knew that the psychiatrist did not perform in-person psychological evaluations of any patients and ignored indications that many patients suffered from psychological or substance use disorders before receiving spinal cord stimulation surgery.
Urine Drug Testing
Finally, the settlement resolves allegations that, from 2017 to 2021, Lagattuta and Lags Medical performed medically unnecessary definitive urine drug testing, which identifies the concentration of specific medications, illicit substances, and metabolites in urine samples. Blanket orders of urine drug testing—identical orders for all patients without regard to each patient’s individualized medical necessity for the test—are not covered by Medicare. Lagattuta and Lags Medical acknowledged that they made identical orders of urine drug tests for all patients to be tested every four months and ordered the maximum number of drug panels for each patient, using Healthcare Common Procedure Coding System Code G0483. Lags Medical’s CEO stated to Lagattuta that performing urine drug tests on all their patients “[s]hould be a big money maker” and called it “Operation GO483!” When a new consultant for Lags Medical told Lagattuta that it was “medically unnecessary but also wasteful” to order the maximum number of drug panels for each patient, Lagattuta directed a Lags Medical executive not to contact the consultant “because she might report us. For anything.”
The United States alleges that Lagattuta’s and Lags Medical’s conduct relating to these three procedures violated the False Claims Act.
The settlement amount of $11,388,887 is based on Lagattuta’s and Lags Medical’s ability to pay and includes proceeds from Lagattuta’s sale of a remotely operated underwater vehicle. As part of the settlement. Lagattuta has also agreed to a voluntary exclusion from federal health care programs for five years.
“Dr. Lagattuta and Lags Medical engaged in a brazen scheme to defraud Medicare and Medicaid of millions of dollars by inflicting unnecessary and painful procedures on patients whom they were supposed to be relieving of pain,” said U.S. Attorney Talbert. “The United States Attorney’s Office and our law enforcement partners will use all of the tools at our disposal to stop fraud against federal health care programs and prevent patient harm.”
“Thousands of Medi-Cal patients trusted Dr. Lagattuta to take away their pain,” said Attorney General Bonta. “Instead he exploited their trust by carrying out arrays of unnecessary tests and billing for them over the objections of the doctors he employed. Billing for services that providers know are unnecessary undermines the quality of care that patients receive, and increases the costs to the Medi-Cal program. I am grateful to the U.S. Attorney’s Office for their partnership in this effort to hold Dr. Lagattuta to account. My office remains committed to pursuing justice against those who seek to abuse the Medi-Cal system for their own benefit.”
“Health care providers, including physicians, who perform medically unnecessary procedures to boost profits undermine the public’s trust in the health care system and exploit taxpayer-funded programs,” stated Special Agent in Charge Steven J. Ryan of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working with our law enforcement partners, HHS-OIG is committed to protecting the health of patients and the integrity of federal health care programs serving them.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Steven Capeder, Lags Medical’s former operations director and marketing director. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States and California ex rel. Steven Capeder v. Francis P. Lagattuta, M.D., Lagz Corporation, Spine & Pain Treatment Medical Center of Santa Barbara, Inc., and LAGS Spine & Sportscare Medical Centers, Inc., No. 2:18-cv-2928 KJM KJN (E.D. Cal.). As part of the settlement announced today, Capeder will receive approximately $2.1 million.
The investigation was conducted with the California Department of Justice, the U.S. Department of Health and Human Services, Office of the Inspector General, the Federal Bureau of Investigation, and the U.S. Department of Defense, Defense Criminal Investigative Service.
lagattuta_agreement_fully_executed_final.pdfTwo Men Convicted of Using Credit and Debit Card Skimmers at Gas Stations to Steal Nearly $200,000 in Fresno and Southern CaliforniaRead the Press Release
FRESNO, Calif. — Akop Dongelyan, 47, of Glendale, and Artak Vardanyan, 40, of Burbank, pleaded guilty today to conspiring to commit credit and debit card fraud, U.S. Attorney Phillip A. Talbert announced.
According to court records, in November 2015, Dongelyan and Vardanyan went on a crime spree in Fresno and Southern California where they stole multiple victims’ credit and debit card information through skimmers placed at gas stations. They then used that information to make counterfeit credit and debit cards and fraudulently withdraw $198,000 from the victims’ accounts.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Joseph Barton is prosecuting the case.
Dongelyan is scheduled to be sentenced on Nov. 6, 2023, and Vardanyan is scheduled to be sentenced on Oct. 16, 2023, by U.S. District Judge Ana de Alba. They each face a maximum statutory penalty of five years in prison and $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Kern County Man Charged in Operation Red Reaper Sentenced to over 11 Years in Prison for Methamphetamine DistributionRead the Press Release
FRESNO, Calif. — Ernesto Zibray, 34, of Delano, was sentenced today to 11 years and three months in prison for distribution of over 500 grams of methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Zibray was charged as part of Operation Red Reaper, a multi-agency operation that resulted in three federal cases charging a total of 23 individuals. The months-long investigation uncovered evidence that the Nuestra Familia prison gang and its associates were responsible for large-scale trafficking of methamphetamine and other controlled substances, as well as various firearms offenses and other violent crimes in Kings and Tulare Counties.
On May 6, 2019, Zibray, who was on probation for another drug trafficking offense, distributed 2 pounds of methamphetamine to a co-defendant in Delano. Moments later, investigators conducted a traffic stop on the car in which the co-defendant was traveling, searched the car, and found the methamphetamine.
This case was the product of an investigation by the Federal Bureau of Investigation with assistance from the Kings County Gang Task Force, the California Department of Justice, the California Highway Patrol, the California Department of Corrections and Rehabilitation, the Kings County District Attorney’s Office, and the Tulare County Sheriff’s Office. Assistant U.S. Attorney Justin J. Gilio prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Fresno Sex Offender Pleads Guilty to Distribution of Child PornographyRead the Press Release
FRESNO, Calif. — Gary Lee Briggs, 66, of Fresno, pleaded guilty today to receipt and distribution of child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Jan. 3, 2020, a concerned citizen reported to law enforcement that Briggs appeared to be trying to lure an eight-year-old boy into Briggs’s apartment in Fresno. When officers confronted Briggs, he reported that he planned to test his ability to withstand urges that attracted him to the boy. Briggs also admitted that Facebook recently had terminated his account for having transmitted sexually explicit material on that platform. Facebook separately had notified the National Center for Missing & Exploited Children that Briggs’s Facebook account had been used to transmit sexually explicit images of minors from August through December 2019.
This case is the product of an investigation by the Central Valley Internet Crimes Against Children Task Force, specifically the Fresno Police Department, the Fresno County Sheriff’s Office, and Homeland Security Investigations. Assistant U.S. Attorney David Gappa is prosecuting the case.
Briggs is scheduled to be sentenced before U.S. District Judge Jennifer L. Thurston on Oct. 23, 2023. Briggs faces a mandatory prison term of between 15 and 40 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Fresno Man Charged in Operation No Fly Zone Sentenced to over 2 Years in Prison for Illegal Possession of AmmunitionRead the Press Release
FRESNO, Calif. — Donald Ray Phelps Jr., 29, of Fresno, was sentenced to two years and three months in prison for being a felon in possession of ammunition, U.S. Attorney Phillip A. Talbert announced.
According to court documents, the charges stemmed from Operation No Fly Zone, a multi‑agency, months-long investigation that sought to address a rise in the number of shootings and homicides in Fresno. The operation resulted in the arrests of over 40 individuals, including seven federal defendants.
On March 18, 2022, investigators learned about the presence of a firearm inside a car in which Phelps was a passenger. Officers conducted a traffic stop on the car, and during a search of the car, under the seat where Phelps had been sitting, officers found a loaded, privately manufactured, semi-automatic handgun with no serial number and a compatible extended firearm magazine.
This case was the product of an investigation by the Federal Bureau of Investigation. The following agencies also assisted: Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Fresno Police Department; the Fresno-area Multi-Agency Gang Enforcement Consortium (MAGEC); the California Department of Justice Special Operations Unit; the California Department of Justice Human Trafficking/Sexual Predator Apprehension Team; the California Highway Patrol; the Fresno County Sheriff’s Office; the Kings County Sheriff’s Office; the California Department of Corrections and Rehabilitation; and the Fresno County District Attorney’s Office. Assistant U.S. Attorneys Justin J. Gilio and Antonio J. Pataca prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Two Kern County Defendants Charged with Sexual Exploitation of a Minor and Receiving and Distributing Child PornographyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a five-count indictment Thursday against Bakersfield residents Roy Richard Truitt III, 40, and Amber Louise Lowe, 46, charging them with sexual exploitation of a minor, attempt and conspiracy. Lowe is further charged with distribution of child pornography. Truitt is further charged with receiving and distributing child pornography and committing a felony offense involving a minor while being required to register as a sex offender, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Truitt and Lowe conspired to, attempted to, and sexually exploited a minor victim, producing photographs of the sexual exploitation, which Lowe distributed to Truitt, and Truitt distributed to others. Truitt further distributed other images of child pornography to other individuals over the internet. During the relevant time period, Truitt was required to register as a sex offender in California.
This case is the product of an investigation by Homeland Security Investigations. Assistant U.S. Attorney Jeffrey A. Spivak is prosecuting the case.
If convicted, Truitt faces a mandatory minimum penalty of 25 years in prison and a maximum of 50 years in prison, and a $250,000 fine for sexual exploitation of a minor, a mandatory minimum penalty of 15 years in prison and a maximum of up to 40 years in prison for receipt and distribution of child pornography. If convicted for committing a felony offense against a minor while being a registered sex offender, Truitt faces a mandatory minimum consecutive sentence of 10 years in prison. If convicted, Lowe faces a mandatory minimum penalty of 15 years in prison and a maximum of up to 30 years in prison, and a $250,000 fine for sexual exploitation of a minor. If convicted of distribution of child pornography Lowe faces a mandatory minimum sentence of five years in prison and a maximum of up to 20 years in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Six Indicted for Drug Trafficking in San Joaquin County and ElsewhereRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 13-count indictment Thursday against Jorge Omar Arredondo Garcia, 44, of Lodi; Gregorio Ontiveros Verdugo, 39, of Morada; Jose Manuel Ontiveros Verdugo, 37, of Stockton; Alberto Navarro Zapata, 36, of Stockton; and Wilfredo Reyes, 48, of Manteca; charging them with conspiracy to distribute methamphetamine, distribution of methamphetamine, possession with intent to distribute methamphetamine, distribution of heroin, and unlawful use of a telephone, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between July 2019 and December 2019, the defendants conspired with each other and with others to distribute methamphetamine. During the investigation, an undercover source bought a total of 11 pounds of methamphetamine and a half pound of heroin from this drug trafficking organization. Law enforcement interdicted the group’s shipments of 50 pounds of methamphetamine destined for Nebraska, as well as a 21‑pound shipment destined for Pennsylvania.
This investigation also resulted in the indictment of Robert Godinez, 50, of Hayward, who was pulled over on a traffic stop after buying methamphetamine from a former member of this conspiracy. A federal grand jury returned a three-count indictment against Godinez today, charging him with possession with intent to distribute methamphetamine and heroin and unlawful use of a cellphone. Two pounds of methamphetamine and approximately a half pound of heroin were found in his vehicle.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the California Department of Corrections and Rehabilitation, Customs and Borders Protection, the Drug Enforcement Administration, Homeland Security Investigations, the San Joaquin County Probation, the Stockton Police Department, and the Tracy Police Department. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Placer County Man Indicted for Sexual Exploitation Offenses Against a MinorRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Ryan Davidek, 39, of Lincoln, charging him with transportation of a minor with intent to engage in criminal sexual activity and travel with intent to engage in illicit sexual conduct, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in 2016, Davidek began a sexual relationship with a 14-year-old victim who he had met online. Over the course of several years, Davidek booked hotel rooms and traveled across state lines, as well as transported the victim from another state to the Eastern District of California, to commit the charged crimes.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Alexis Klein is prosecuting the case.
If convicted of transportation of a minor with intent to engage in criminal sexual activity, Davidek faces a mandatory minimum of 10 years in prison and a maximum of life in prison and a $250,000 fine, and if convicted of travel with intent to engage in illicit sexual conduct, he faces up to 30 years in prison and a fine of up to $250,000. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Yuba City Man Indicted for Unlawfully Possessing and Selling GunsRead the Press Release
SACRAMENTO, Calif. — On June 15, 2023, a federal grand jury returned a five-count indictment against Billy Glyn Sims Jr., 29, of Yuba City, charging him with dealing in firearms without a license, being a felon in possession of firearms and ammunition, and selling ammunition to a prohibited person, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between April 1, 2022, and March 9, 2023, in the Counties of Yuba, Yolo and Sutter, Sims, who is not a licensed firearms dealer, unlawfully engaged in the business of dealing in firearms. In connection with his dealing, Sims was in possession of two guns and ammunition, which he is prohibited from possessing because of his prior felony convictions, including for domestic violence and burglary. Sims also sold ammunition to a person that he knew had prior felony convictions and could not legally possess ammunition.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Justin L. Lee and Dhruv M. Sharma are prosecuting the case.
If convicted, Sims faces a maximum statutory penalty of five years in prison and a $250,000 fine for unlawfully dealing in firearms, 10 years in prison and a $250,000 fine for being a felon in possession of a firearm, and up to 15 years in prison and a $250,000 fine for being a felon in possession of ammunition and for selling ammunition to a prohibited person. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Grass Valley Man Sentenced to 10 Years in Prison for a Fentanyl Trafficking Conspiracy and other Narcotics OffensesRead the Press Release
SACRAMENTO, Calif. — Nathaniel Opondo Hubbert, 42, of Grass Valley, was sentenced today to 10 years in prison for conspiring to possess and distribute fentanyl, possession with intent to distribute fentanyl, and possession with intent to distribute heroin and methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in June 2020, Hubbert conspired with Steven Lawrence Robinson, 36, of Granite Bay, and others, to possess and distribute fentanyl in Placer County. A search of Robinson’s residence on June 2, 2020, resulted in the discovery of over 40 grams of fentanyl involved in this conspiracy. On June 24, 2020, a probation search of two hotel rooms Hubbert had rented, and a subsequent booking search of his person, resulted in the discovery of methamphetamine, heroin, and additional fentanyl. Robinson and Hubbert were connected to at least one overdose of a victim who had to be given medical treatment after using drugs purchased from Hubbert.
On March 26, 2021, Robinson was sentenced to five years in prison for his role in the fentanyl trafficking conspiracy.
This case was the product of an investigation by the Drug Enforcement Administration, the Lincoln Police Department, the Placer County District Attorney’s Office, the Placer County Sheriff’s Office, and the Roseville Police Department. Assistant U.S. Attorney Adrian T. Kinsella prosecuted the case.
Placerville Man Sentenced to 15 Months in Prison for Possessing 27 Dogs for FightingRead the Press Release
SACRAMENTO, Calif. — Carlos Villasenor, 40, of Placerville, was sentenced today to 15 months in prison for possession of dogs for use in an animal fighting venture, U.S. Attorney Phillip A. Talbert announced. Villasenor was also ordered to pay a $5,500 fine and a $2,700 special assessment.
According to court documents, Villasenor operated a dog breeding business in which he bred dogs from a number of well-known and desirable dogfighting bloodlines. Villasenor transported dogs between California and Mexico for dogfighting, trained dogs for dogfighting on his property in Placerville, and sold dogs to buyers primarily outside California.
In September 2020, the sound of dogfighting, with humans egging the dogs on, could be heard from Villasenor’s Placerville property. In June 2021, law enforcement agents executed a federal search warrant at Villasenor’s property and seized 27 pit bull-type dogs, one of whom had injuries to its face consistent with an attack from another dog. Agents also seized one chihuahua mix that was used as a “bait dog.” Approximately half the dogs were tethered by heavy chains and spaced so that they could see one another, but not reach one another, in order to frustrate the dogs and foster aggression. Many of the dogs had untreated veterinary conditions. Numerous implements of the dogfighting trade were found on the property, including a breeding stand, treadmills, and veterinary supplies including skin staplers, antibiotics, syringes, and IV bags. In his plea agreement in December 2022, Villasenor surrendered his interest in the dogs and property seized by law enforcement.
Evidence in the case, including phone records, showed that Villasenor engaged in the sale of dogs for profit, selling dogs both within and outside California. Villasenor used his reputation to build a clientele outside of the West Coast, for the purpose of keeping his dogs outside the hands of his competition in the Bay Area. He also traveled to Mexico to further the illegal sport. His history in the business of breeding, selling, and fighting dogs dates back to at least 2009.
This case was the product of an investigation by the U.S. Department of Agriculture with assistance from El Dorado County Animal Services. Assistant U.S. Attorney Audrey Hemesath prosecuted the case.
Mexican National Pleads Guilty to Madera Methamphetamine TransactionRead the Press Release
FRESNO, Calif. — Jesus Alberto Reyes-Parra, 31, a citizen of Mexico, pleaded guilty today to possessing with intent to distribute methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Reyes-Parra brought nearly 50 pounds of methamphetamine to an undercover drug transaction in Madera following negotiations by a third party for the sale of 50 pounds of methamphetamine for $125,000. Following a traffic stop of Reyes-Parra’s vehicle, a law enforcement officer recovered the methamphetamine and located a stolen Colt .38 caliber handgun with a loaded magazine inserted in the center console of the vehicle.
This case is the product of an investigation by Homeland Security Investigations with assistance from the Tri-County Drug Enforcement Team, a High Intensity Drug Trafficking Area initiative task force. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Reyes-Parra is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on Oct. 10, 2023. Reyes-Parra faces a mandatory minimum prison term of 10 years in prison and a maximum statutory penalty of life in prison, as well as a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.