FEDERAL DISTRICT ARCHIVE
Eastern District of California
Press releases recorded for this federal judicial district.
Fresno Man Sentenced to over 20 Years in Prison for Illegal Firearms Possession and Drug TraffickingRead the Press Release
FRESNO, Calif. — Darien Hatcher, 29, of Fresno, was sentenced today by U.S. District Judge Dale A. Drozd to 20 years and six months in prison for two counts of being a felon in possession of a firearm and one count of conspiracy to distribute and possess with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
On Oct. 22, 2015, Hatcher was arrested in Fresno for possession of a loaded Ruger 9 mm pistol that was not registered in his name and had been reported stolen. Hatcher was a previously convicted felon and prohibited from possessing a firearm. On July 18, 2016, Hatcher pleaded guilty to the charge. While out on bond and awaiting sentencing for this conviction, Hatcher conspired with others to distribute methamphetamine in Fresno. On Nov. 22, 2016, Hatcher was arrested and again found to be in possession of a firearm. He was charged with trafficking methamphetamine and being a felon in possession of a firearm.
According to court documents, on Nov. 18, 2019, Hatcher pleaded guilty to conspiracy to distribute methamphetamine and being a felon in possession of a firearm.
This case was the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fresno Police Department, the California Department of Justice, the California Highway Patrol Special Operations Unit, and MAGEC. Assistant U.S. Attorney Kimberly A. Sanchez prosecuted the cases.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Manager of Marijuana Cultivation Site in Shasta Trinity National Forest ArrestedRead the Press Release
SACRAMENTO, Calif. — Custodio Ibarra Nunez, 37, of Merced, was arrested pursuant to a federal arrest warrant today. On Jan. 30, 2020,a federal grand jury returned a three-count indictment against Nunez, charging him with conspiracy to cultivate marijuana, marijuana cultivation, and depredation of public lands in the Shasta-Trinity National Forest, U.S. Attorney McGregor W. Scott announced.
This indictment relates to the same conspiracy charged in U.S. v. Lopez Pena et al. (2:19-cr-123). According to court documents, between May 23 and July 8, 2019, Nunez was a manager in a conspiracy to cultivate over 4,000 marijuana plants south of Rays Peak in Shasta-Trinity National Forest with three other co-conspirators, including an uncharged 17-year-old minor. In addition to the cultivation charges, Nunez is charged with committing depredation of federal lands and resources.
This case is the product of an investigation by the U.S. Forest Service, the Trinity County Sheriff’s Office, the California Department of Fish and Wildlife, the Bureau of Land Management, the Trinity County District Attorney’s Office the Merced Area Gang and Narcotics Team, Merced County Sheriff’s Office, the Atwater Police Department, and the Redding Police Department. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
If convicted of either of the marijuana charges, Nunez faces a mandatory minimum penalty of 10 years in prison, and a maximum penalty of life in prison and a fine of up to $10 million. If convicted of damaging public lands, he faces a maximum penalty of 10 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 several variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Leader of Mendota MS-13 Gang Pleads Guilty to Drug Trafficking and Assault with a Deadly WeaponRead the Press Release
FRESNO, Calif. —Denis Barrera-Palma, 25, of Mendota, pleaded guilty today to assault with a deadly weapon in aid of racketeering and conspiracy to distribute and to possess with intent to distribute methamphetamine, cocaine, and marijuana, U.S. Attorney McGregor W. Scott announced.
Barrera-Palma was the leader in Mendota of La Mara Salvatrucha (MS-13), a violent criminal street gang that engages in racketeering activity, including murder, kidnapping, extortion, and drug trafficking.
The investigation began after reports that MS-13 had established a presence in and around Mendota, a Central Valley town 35 miles west of Fresno. Investigators found evidence of broad criminal activity, including murder, assault, firearms possession and drug trafficking activity. In August 2018, 25 individuals associated with MS-13 were arrested on federal and state charges in connection with their gang activities, including assault with a dangerous weapon in aid of racketeering and conspiracy to distribute and possess with intent to distribute controlled substances.
According to court documents, on May 14, 2018, Barrera-Palma, along with others, assaulted another individual with a pipe in front of an elementary school in Mendota in order to gain entrance to, or maintain or increase his status within MS-13.
The investigation was conducted by the California Department of Justice and California Highway Patrol Special Operations Unit, the Multi-Agency Gang Enforcement Consortium (MAGEC), the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the Fresno County District Attorney’s Office, the Fresno County Sheriff’s Office, and the California Department of Corrections and Rehabilitation Special Services Unit (SSU). Assistant U.S. Attorneys Ross Pearson, Kathleen Servatius, and Kimberly Sanchez are prosecuting this and related cases. Senior Deputy District Attorney Dennis Lewis is working with the team and prosecuting related cases in Fresno County Superior Court.
Four of Barrera-Palma’s co-defendants have pleaded guilty. On Jan. 27, Claudia Lizaola, 40, of San Bernardino, was sentenced to 10 years in prison for conspiracy to distribute methamphetamine. Other co-defendants are scheduled for trial on April 14. These remaining defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Barrera-Palma is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on July 10. Barrera-Palma faces a maximum statutory penalty of 40 years in prison and a $1.25 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.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
These cases are 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
Bakersfield Attorney Indicted for Scheme to Defraud Her ClientsRead the Press Release
FRESNO, Calif. — On Feb. 20, a federal grand jury returned an eight-count indictment against Heather Christiansen Stanley, 47, of Bakersfield, charging her with five counts of wire fraud, two counts of mail fraud, and one count of attempt to evade and defeat assessment of a tax, U.S. Attorney McGregor W. Scott announced.
The indictment was unsealed following Stanley’s arraignment on Wednesday.
According to court documents, Stanley, a divorce attorney in Bakersfield, represented to her clients that she could hold funds for them in a bank account for safekeeping during the pendency of their divorce proceedings. These monies were her clients’ funds and were not owed to Stanley for legal fees or otherwise. Instead of maintaining and protecting these funds, Stanley would use the funds for her own personal gain. Stanley often would not return the funds or would not return the full amount to her clients. In some instances, when Stanley returned the funds to her clients, she used other clients’ funds to make these payments.
This case is the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Angela Scott is prosecuting the case.
If convicted, Stanley faces a maximum statutory penalty of up to 20 years in prison and a fine of up to $250,000 for the wire and mail fraud counts and up to five years in prison and a $100,000 fine on the tax evasion charge. 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.
New Jersey Man Who Traveled to Sacramento to Have Sex with a 13-Year-Old Sentenced to over 12 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Michael Anaya-Otero, 23, of Elizabeth, New Jersey, was sentenced today to 12 years and six months, for traveling interstate with the intent to engage in illicit sexual conduct with a minor and enticement of a minor, U.S. Attorney McGregor W. Scott announced.
According to court documents, in April 2016 and again in January 2017, Anaya-Otero traveled to Placer County in order to engage in sexual conduct with a seventh grader. Anaya flew to Sacramento from New Jersey, picked the victim up from her middle school, and took her to a nearby hotel where he had sexual intercourse with her. Anaya-Otero repeated the trip several months later and again engaged in sexual activity with the same victim. Anaya kept a picture of the sexual contact on his cell phone.
Separately, in June 2017, Anaya-Otero had an online relationship over Snapchat and Instagram with a second juvenile victim, age 14, in El Dorado County. Anaya requested sexually explicit images from this juvenile victim and also kept at least one image from this victim on his cellphone.
“This predator carefully planned his contacts with victims and earned their trust. He traveled across the country, not once but twice,” stated U.S. Attorney Scott. “Anaya’s criminal conduct was only interrupted when he was arrested. Today’s sentence reflects the seriousness of his offenses, affords adequate deterrence and protects the public from further crimes by this defendant. Our office is committed to protecting our children and stopping this type of predatory conduct.”
Anaya-Otero was detained in 2018 when he attempted to enter Canada by car. He stated to the Canadian border agent that he was traveling to Canada to meet a 15-year-old girl he had previously contacted on social media. Anaya-Otero was denied entry into Canada, and images of child pornography on Anaya-Otero’s phone were discovered when he was returned to the United States.
This case was the product of an investigation by Homeland Security Investigations (HSI). Assistant U.S. Attorney Audrey B. Hemesath prosecuted the case.
“Homeland Security Investigations does not allow sexual predators, who commit deviant crimes against children, to go unfettered. HSI Agents are willing to pursue criminals, no matter where they try to hide,” said HSI San Francisco’s Special Agent in Charge Tatum King. “This important sentencing highlights the strong consequences brought to bear for criminal behavior towards minors.”
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.
Stockton Man Sentenced to More Than 7 Years in Prison for Fentanyl DistributionRead the Press Release
SACRAMENTO, Calif. — Manuel Felix-Rivera, 34, of Stockton, was sentenced today to seven years and three months in prison for conspiring to distribute and to possess with intent to distribute fentanyl, U.S. Attorney McGregor W. Scott announced.
According to court documents, between September 2018 and March 18, 2019, Felix-Rivera conspired with others to distribute fentanyl, methamphetamine, heroin, and cocaine. During the conspiracy, Felix-Rivera sold fentanyl to an undercover source five times. When agents executed a search warrant at Felix-Rivera’s house, they found fentanyl, methamphetamine, heroin, and cocaine. Felix-Rivera distributed and possessed with intent to distribute 1,157 grams of actual fentanyl. Studies indicate that just 3 milligrams of fentanyl can be fatal.
“Fentanyl can kill and has killed. Felix-Rivera possessed enough fentanyl to potentially kill over 380,000 people and sold highly dangerous drugs to multiple buyers,” stated U.S. Attorney Scott. “Felix-Rivera’s disregard for the lives of others warrants today’s sentence. Fortunately, law enforcement was able to stop the streets of Stockton from being flooded with thousands of doses of this potentially lethal opioid.”
“Just a few grains of fentanyl can have deadly consequences. Felix-Rivera was in possession of more than two and a half pounds of the substance at the time of his arrest, creating a potentially fatal situation for thousands of people,” stated DEA Special Agent in Charge Daniel C. Comeaux. “Today’s sentence sends the message that DEA and our law enforcement partners will not tolerate those whose conduct represents a danger to the community.”
This case is the product of an investigation by the Drug Enforcement Administration. Assistant U.S Attorney Ross Pearson prosecuted the case.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Off-Site Manager of Marijuana Grow in Shasta-Trinity National Forest Sentenced to 10 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Dimas Ortiz, 26, of Michoacán, Mexico, was sentenced today by U.S. District Judge Kimberly J. Mueller to 10 years in prison and ordered to pay $10,000 in restitution to the U.S. Forest Service for growing marijuana on the National Forest and for depredation of Public Lands and Resources, U.S. Attorney McGregor W. Scott announced.
According to court documents, Ortiz oversaw the marijuana growing operations of several other men in the Shasta-Trinity National Forest to the west of Weaverville, near Limedyke Mountain, at an elevation of approximately 2,500 feet. On Aug. 7, 2017, law enforcement officers executed a search of the grow and eradicated more than 2,500 marijuana plants. A camp site was found where the on-site workers had camped. Ortiz oversaw the operation from a distance. He helped finance the operation, provided the supplies for the grow site, and directed the activities of his co-defendants. Ortiz expected the operation to yield 800 pounds of processed marijuana, worth $500,000, of which he was to receive 25%. In 2016, Ortiz was the driver for the same grow site and he and others harvested approximately 800 pounds of processed marijuana.
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 report of the investigation filed with the court, at this grow site, a half-full 33.8‑oz. bottle of carbofuran was found hidden among the fertilizer bags and a bag containing an estimated 20 pounds of suspected powder carbofuran. Carbofuran is a toxic pesticide that is banned in the United States. A food bottle found at the site had been reused and contained a mixture of refried beans and carbofuran (suspected bait for animals). 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 species, including the bald eagle, the northern spotted owl, and the coho salmon. Four cisterns were discovered with water diverted from mountain streams for use in the marijuana grow’s irrigation system with an estimated 4,500 feet of plastic irrigation lines for water and over 2,200 pounds of soluble fertilizer. The report estimates that the operation used over 15,000 gallons of water per day. Open campsite latrines were also found in proximity to waterways that would cause watershed contamination from the latrines’ fecal matter after the next substantial rain. About 1,000 pounds of trash and 500 pounds of plastic irrigation lines were hauled out of the site. Tests on samples of the marijuana plants determined that carbofuran was present in the plant material.
This case was the product of an investigation by the U.S. Forest Service with the assistance of agents from the U.S. Bureau of Land Management, the California Department of Fish and Wildlife, the North State Marijuana Investigation Team and deputies of the Trinity County Sheriff’s Office. Assistant U.S. Attorney David W. Spencer prosecuted the case.
Sebastian Martinez Arreola, of Michoacán, Mexico, who had been in the grow site approximately 11 days at the time of his arrest, pleaded guilty to marijuana cultivation charges, and on Feb. 28, 2018, was sentenced to 20 months in prison. Carlos Gutierrez Gonzalez, 25, of Michoacán, Mexico, was sentenced to 50 months in prison. On Dec. 17, 2018, Armando Mayorga Garcia pleaded guilty and is scheduled to be sentenced on March 30.
Mexican National Pleads Guilty to Drug Conspiracy in MaderaRead the Press Release
FRESNO, Calif. — Francisco Alcantar-Miranda, aka Paquin, 31, of Mexico, pleaded guilty today to conspiring to manufacture, to distribute and to possess with intent to distribute methamphetamine, cocaine, heroin, and marijuana, U.S. Attorney McGregor W. Scott announced.
According to the plea agreement, Alcantar assisted in manufacturing methamphetamine and storing large quantities of other drugs at an unoccupied house in Madera. At the end of Jan. 2019, detectives executed a search warrant at the house and found Alcantar with co‑defendants Oscar Rene Marrot-Garcia, 27, of Chowchilla, and Jose Monge-Ponce, 31, of Mexico. The detectives also found over 10 pounds of methamphetamine, 1 pound of heroin, 1 pound of cocaine, and 25 pounds of marijuana. As part of the plea agreement, Alcantar will forfeit a handgun and approximately $18,000 in cash, which were found during the search of the house.
This case is the product of an investigation by Madera County Sheriff’s Office Narcotic Enforcement Team (MADNET)and High Intensity Drug Trafficking Area (HIDTA) High Impact Investigation Team (HITT), consisting of agents of Homeland Security Investigations; California Department of Justice; California Highway Patrol; Fresno, Tulare, and King Counties Sheriffs’ Offices; and the Fresno Police Department. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Alcantar is scheduled for sentencing on May 15. He faces a mandatory minimum statutory penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a fine 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.
Marrot-Garcia and Monge-Ponce are scheduled for a jury trial on June 16. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Fresno Man Pleads Guilty to Credit Card Fraud and Possession of Stolen MailRead the Press Release
FRESNO, Calif. — On Friday, Feb. 21, Justin Deger, 28, of Fresno, pleaded guilty to two counts of access device fraud and one count of possession of stolen mail, U.S. Attorney McGregor W. Scott announced.
According to the plea agreement, from Dec. 5, 2018, through March 28, 2019, Deger broke into mail boxes at various Fresno area residences. He stole over 2,000 pieces of mail, including 26 credit cards or account access devices. He subsequently activated some of those devices and made unauthorized purchases and cash withdrawals at retailers and casinos totaling thousands of dollars. As part of the plea agreement, Deger agreed to pay full restitution to the victims and forfeiture.
This case is the product of an investigation by the U.S. Postal Inspection Service and the Fresno Police Department. Assistant U.S. Attorneys Vincente Tennerelli and Joseph Barton are prosecuting the case.
Deger is scheduled to be sentenced on May 22. He faces a maximum penalty of 10 years in prison and a $250,000 fine for the access device fraud counts, and a maximum penalty of five years in prison and a $250,000 fine for the stolen mail count. 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.
West Sacramento Man Indicted for Transporting 85 Pounds of MethamphetamineRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Simeon Hernandez-Ortiz, 24, of West Sacramento, charging him with possessing methamphetamine with the intent to distribute it, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Feb. 6, Hernandez-Ortiz was stopped by a law enforcement officer while traveling north on I-5 in Stanislaus County. Based upon the officer’s subsequent investigation, the vehicle was searched and the officer found 85 pounds of methamphetamine concealed in the trunk.
This case is the product of an investigation by the Drug Enforcement Administration and the California Highway Patrol, Stanislaus Investigative Unit. Assistant U.S. Attorney Kathleen A. Servatius is prosecuting the case.
If convicted, Hernandez faces 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Three Indicted for Conspiring to Traffic 20,000 Fentanyl Pills and 20 Pounds of MethamphetamineRead the Press Release
FRESNO, Calif. — Tirso Garcia-Valdez, 27, of Mexico, Misael Garcia-Carranza, 23, of Mexico, and Brenda Carmona-Venegas, 37, of Los Angeles, were indicted Thursday for conspiring and possessing with intent to distribute approximately 20,000 counterfeit oxycodone pills laced with fentanyl and approximately 20 pounds of methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Jan. 9, in Kern County, Garcia-Valdez sold approximately 300 fentanyl-laced counterfeit oxycodone pills. Garcia-Carranza drove Garcia Valdez to the deal and was present in the vehicle as the deal occurred. On Jan. 30, Garcia-Valdez sold approximately 2,000 fentanyl-laced counterfeit oxycodone pills. Garcia-Carranza drove Garcia-Valdez to this deal. On Feb. 13, Garcia-Valdez, Garcia-Carranza and Carmona-Valdez conspired to possess with the intent to distribute approximately 20,000 fentanyl-laced counterfeit oxycodone pills and approximately 20 pounds of methamphetamine, which were seized by law enforcement.
This case is the product of an investigation by the Drug Enforcement Administration and the Kern County Sheriff’s Office. Assistant U.S. Attorney Angela Scott is prosecuting the case.
If convicted, 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.
Sailor from Lemoore Charged with Child Sexual Exploitation OffensesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Christopher Jeorge Millican, 26, of Lemoore, charging him with one count of sexual exploitation of children and one count of receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 27, 2018, a parent contacted Snapchat and reported that someone, later identified as Millican, had been “flirting” with an 11-year-old girl and soliciting pictures of and location information for the child. Snapchat reviewed Millican’s account and discovered that he had been soliciting several minors for sexually explicit content.
This case is the product of an investigation by the Central Valley Internet Crimes Against Children Task Force, specifically the U.S. Naval Criminal Investigative Service, the Hanford Police Department, the Fresno office of Homeland Security Investigations, and several local police agencies across the United States. Assistant U.S. Attorney David Gappa is prosecuting the case.
If convicted, Millican faces a mandatory minimum prison term of 15 years and a maximum of 30 years for the sexual exploitation charge, a mandatory minimum prison term of five years and a maximum of 20 years for receipt of child pornography, and a fine up to $250,000 for each count. 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.
One Indicted, One Sentenced for Firearms Offenses in Sacramento and FairfieldRead the Press Release
SACRAMENTO, Calif. — As part the U.S. Attorney’s Office for the Eastern District of California’s strategy to reduce violent crime by focusing on firearms prosecutions, U.S. Attorney McGregor W. Scott announced an indictment and a recent sentencing involving illegal firearms offenses.
Tommy Walker, 43, of Sacramento, was charged today with being a felon in possession of a firearm. According to court documents, on Nov. 22, 2019, law enforcement officers found a Jimenez Arms .380 semi-automatic handgun in Walker’s bedroom. Walker has several prior felony convictions—including four prior felon-in-possession-of-a-firearm convictions—which prohibit him from possessing a firearm. This case is the product of an investigation by the Federal Bureau of Investigation, the Sacramento County District Attorney’s Office, and the Sacramento Police Department. Assistant U.S. Attorney Aaron D. Pennekamp is prosecuting the case. (2:20-cr-039)
If convicted, Walker faces a maximum statutory penalty of 10 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.
Jedidiah Nathaniel Smith, 40, of Fairfield, was sentenced on Feb. 10 to two years and six months in prison for possessing a firearm as a felon. Smith pleaded guilty in April 2019. According to court records, on Dec. 5, 2018, law enforcement officers stopped a car Smith was traveling in for having an expired registration. After the officers spoke with Smith, they learned that he had four outstanding warrants for his arrest. The officers asked Smith to get out of the car, and he complied, but when he got out of the car, Smith was carrying a loaded revolver in his waistband. Smith cannot lawfully possess firearms or ammunition because he has previously been convicted of five felony offenses. This case was the product of an investigation by the Suisun City Police Department, with special assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office. (2:19-cr-039)
These cases are 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
The cases are also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Fresno Man Charged with Distribution of Child PornographyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Gary Lee Briggs, 63, of Fresno, charging him with receipt and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Jan. 3, a concerned citizen reported to the police that Briggs appeared to be trying to lure an 8-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. 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.
If convicted, Briggs 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 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.
Former Vallejo Elementary School Teacher Sentenced to 10 Years in Prison for Attempted Enticement of a MinorRead the Press Release
SACRAMENTO, Calif. — Andrew Stephen Lund, 38, of Vallejo, was sentenced today by United States District Judge Troy L. Nunley to 10 years in prison for attempted online enticement of a minor to engage in sexual activity, U.S. Attorney McGregor W. Scott announced.
According to court documents, in April 2018, Lund engaged in online sexual chats with a person whom he believed to be a 14-year-old girl, but who was in fact an undercover agent. Lund was an elementary school teacher in Vallejo at the time he attempted to entice the minor.
“Teachers hold a special position of trust in our communities, and we are committed to keeping our children safe by investigating and prosecuting those who try to sexually exploit them,” said U.S. Attorney Scott.
“Our communities expect their children to be kept safe from the sexual exploitation by online predators. Homeland Security Investigations will use every tool available to aggressively track down anyone who seeks to harm children,” said Tatum King, the Special Agent in Charge of the Homeland Security Investigations San Francisco Field Office.
This case was the product of an investigation by the Homeland Security Investigations and the Silicon Valley Internet Crimes Against Children Task Force. Assistant U.S. Attorney Amy Schuller Hitchcock is prosecuting the case.
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.
Turlock Drug Dealers Sentenced to Prison for Methamphetamine DistributionRead the Press Release
FRESNO, Calif. — Turlock residents Joseph Wayne Attaway, 33, and Edmond Hormozi, 51, were sentenced today by U.S. District Judge Dale A. Drozd for methamphetamine trafficking, U.S. Attorney McGregor W. Scott announced.
Attaway was sentenced to 17 years in prison and Hormozi was sentenced to 10 and a half years in prison. On Oct. 31, 2019, a federal jury found Attaway and Hormozi guilty of one count of conspiracy to distribute and possess with intent to distribute methamphetamine and two counts of distribution of methamphetamine.
According to evidence presented at trial, Attaway and Hormozi were a source of methamphetamine supply for co-defendant Kasper Kasperian, 52, of Modesto, California. A confidential source working with the FBI purchased approximately 4 pounds of methamphetamine from Kasperian on two occasions. Agents saw Attaway and Hormozi meet with Kasperian immediately before and after each drug deal. Recorded meetings and intercepted communications revealed that Attaway and Hormozi would deliver several pounds of methamphetamine to Kasperian, and after Kasperian sold the drugs to the confidential source, Attaway and Hormozi would immediately collect the money from Kasperian.
Kasperian pleaded guilty and is scheduled to be sentenced on May 5.
This case is the product of an investigation by the Federal Bureau of Investigation, the Central Valley Gang Impact Team (CVGIT), the Modesto Police Department, the Turlock Police Department, the California Highway Patrol, the Stanislaus County Sheriff’s Office, and Stanislaus County Probation. Assistant U.S. Attorneys Melanie L. Alsworth and Geoffrey D. Wilson are prosecuting the case.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Bakersfield Man Pleads Guilty to Conspiring to Structure FundsRead the Press Release
FRESNO, Calif. — Majed Bashir Akroush, aka Mike Akroush, aka Magic Mike, 52, of Bakersfield, pleaded guilty today to conspiring to structure at least half a million dollars in cash withdrawals from his bank accounts, U.S. Attorney McGregor W. Scott announced.
According to court documents, Akroush structured funds in amounts just under $10,000 in order to evade the currency transaction report filing requirements. As part of the plea agreement, he agreed to the forfeiture of the following assets derived from his structuring activity: real property in Bakersfield, approximately $109,555 seized from five different bank accounts, approximately $199,181 in cash seized from his residence, approximately $233,460 in cash seized from two safe deposit boxes, and a 1962 Chevrolet Impala.
According to court documents, during the time of the structured cash withdrawals, Akroush owned Magic Mans Wholesale Inc., an internet business that distributed synthetic marijuana, commonly known as spice or incense. Magic Mans Wholesale later morphed into other spice businesses known as Blue Whale Wholesale and World of Inc. Wholesale. Federal agents successfully seized and shut down these websites and forfeited the domain names.
Akroush is scheduled for sentencing on May 18, 2020 before U.S. District Judge Dale A. Drozd. Akroush faces a maximum statutory penalty of five years in prison and a fine of up to twice the gross gain obtained by him. 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 the product of an investigation by the Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation, Homeland Security Investigations, and the California Highway Patrol with assistance from the U.S. Postal Inspection Service, the California Department of Motor Vehicles, Kern County Probation, Kern County Sheriff’s Office, and Bakersfield Police Department. Assistant U.S. Attorneys Karen A. Escobar and Henry Z. Carbajal III are prosecuting the case.
This case was designated an Organized Crime Drug Enforcement Task Force (OCDETF) case. The OCDETF program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Fresno County Man Indictment for Large-Scale Marijuana CultivationRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Diego Garcia Lua, 61, of Orange Cove, charging him with cultivating marijuana and maintaining a drug-involved premises, U.S. Attorney McGregor W. Scott announced.
According to court documents, Lua used his orange orchard to disguise the presence of approximately 6,305 marijuana plants he was growing there.
This case is the product of an investigation by the Tulare County Sheriff’s Office and the Drug Enforcement Administration. Assistant U.S. Attorneys Kathleen A. Servatius and Katherine E. Schuh are prosecuting the case.
If convicted, Lua faces a maximum statutory penalty of life in prison and a $10 million fine on count one and a 20-year maximum penalty and $250,000 fine on count two. 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 Convicted of Sex Trafficking of a Child and Sex Trafficking by Force, Fraud, or CoercionRead the Press Release
SACRAMENTO, Calif. — After a six-day trial, Jaquorey Rashawn Carter, 24, of Sacramento, was found guilty today of sex trafficking of a child, and sex trafficking by force, fraud, or coercion, U.S. Attorney McGregor W. Scott announced.
“The defendant targeted vulnerable young women and underage girls to work as prostitutes for him on the streets of California cities and inside seedy motels,” U.S. Attorney Scott stated. “Thanks to the thorough work of the investigating agencies, the defendant’s years-long pimping operation has come to an end. For the next several years, he will be in a place where he cannot harm young females.”
“Traffickers see their victims as mere commodities to be controlled and sold. This case illustrates the cycle of violence and exploitation victims often face and traffickers’ brazen disregard for the law,” said FBI Sacramento Field Office Special Agent in Charge Sean Ragan. “The FBI works with its local and state partners to ensure criminals face justice for their actions and victims of trafficking are connected with the support they need to move forward with their lives.”
“Sex trafficking is a monstrous crime. It has no place in our society, let alone near our children,” said California Attorney General Xavier Becerra. “Those who profit from the detestable exploitation of human beings must pay a high price. We owe many thanks to the multi-jurisdictional law enforcement team that successfully investigated and prosecuted this case.”
According to evidence presented at trial, between 2013 and October 2018, Carter targeted vulnerable young women and underage girls to work as prostitutes for him. Carter used a consistent pattern of behavior in recruiting and keeping close association to the women and girls who worked for his financial benefit. As part of Carter’s pimping operation, he put girls and women in motel rooms and had them engage in prostitution in Sacramento, Stockton, Oakland, Sunnyvale, and Santa Ana, in order to make money from their prostitution activity.
Starting in 2013, Carter recruited two 14-year-olds to work as prostitutes for him in Oakland. Ultimately, the girls were returned home to Sacramento, but Carter continued to transport, harbor and maintain one of the underage girls in connection with prostitution activity through 2018.
Evidence presented at trial also showed that Carter has been arrested or contacted by law enforcement on multiple occasions on the streets or in high-crime areas while he was transporting his victims to or from his illegal business opportunities. In September 2018, a federal judge authorized the wiretap of Carter’s cellphone. Sacramento-based task force agents then intercepted calls demonstrating that Carter was actively recruiting, harboring, transporting, and managing several women engaged in prostitution throughout California. During the calls, Carter discussed his pimping operation and his involvement in violence, and he threaten to physically beat one of his victims.
Task force agents identified at least five different women that Carter was either recruiting or actively managing in ongoing prostitution. On Sept. 19, 2018, law enforcement intervened during an intercepted call when Carter described his plan to hurt a woman. At the time of the call, Carter was driving to Oakland with four women in his car. A California Highway Patrol officer conducted a traffic stop and arrested Carter for falsely impersonating someone. A short time later, while out on bail, Carter assisted a fellow pimp who savagely beat a woman inside a car. The victim tried to exit the car, but Carter stood outside the car and attempted to prevent her from escaping.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Department of Justice’s Special Operations Unit, and the Sacramento Police Department. The California Highway Patrol, Sacramento Sheriff’s Department, and the Sacramento District Attorney’s Office assisted in the investigation. Assistant U.S. Attorneys Brian A. Fogerty and Jason Hitt are prosecuting the case.
Carter is scheduled to be sentenced on May 4, 2020, by U.S. District Judge William B. Shubb. Carter faces a mandatory minimum sentence of 10 years in prison and a maximum statutory penalty of life in prison for sex trafficking of a child. Carter also faces a mandatory minimum sentence of 15 years in prison and a maximum statutory penalty of life in prison for sex trafficking by force, fraud, or coercion. Both counts of conviction carry a maximum 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.
Mexican National Sentenced to 9 Years in Prison for Conspiracy to Distribute Methamphetamine in Tehama CountyRead the Press Release
SACRAMENTO, Calif. — Miguel Alvarez Cervantes, 55, a Mexican national living in Los Molinos, was sentenced today by U.S. District Judge Troy L. Nunley, to nine years in prison for conspiracy to distribute methamphetamine, United States Attorney McGregor W. Scott announced.
Cervantes pleaded guilty in July 2019. According to court records, federal agents began investigating Cervantes and co-defendant Maria Cervantes-Echevarria, in 2017 for suspected methamphetamine trafficking in Shasta and Tehama Counties. In August and September 2018, an undercover agent purchased over 3 pounds of methamphetamine from Cervantes during three controlled buys. In addition, when law enforcement executed a search warrant at Cervantes-Echevarria’s and co-defendant Marta Jiminez Lopez’s home in September 2018, they seized over 34 pounds of methamphetamine, 3 pounds of heroin, three firearms, and over $44,000 in cash.
Cervantes-Echevarria and Lopez, both Mexican nationals living in Los Molinos, previously pleaded guilty to conspiracy to distribute methamphetamine. They are scheduled to be sentenced in March 2020.
This case is the product of an investigation by the Drug Enforcement Administration, the Bureau of Land Management, the Tehama Interagency Drug Enforcement (TIDE) task force, and the Siskiyou Unified Major Investigations Team (SUMIT), with special assistance from the Federal Bureau of Investigation and the California Highway Patrol.
Five Indicted for Firearms Offenses in Sacramento, Fairfield, Stockton, and FresnoRead the Press Release
SACRAMENTO, Calif. — As part the U.S. Attorney’s Office for the Eastern District of California’s strategy to reduce violent crime by focusing on firearms prosecutions, U.S. Attorney McGregor W. Scott announced that a federal grand jury has returned indictments in the following cases involving illegal firearms offenses.
Andre Parker, 54, of Sacramento, was charged today with being a felon in possession of a firearm. According to court documents, on Dec. 29, 2019, law enforcement officers stopped a vehicle in which Parker was riding and found a Springfield XD .45-caliber handgun underneath Parker’s seat. Parker has several prior felony convictions—including prior felon-in-possession-of-a-firearm convictions—which prohibit him from possessing a firearm. This case is the product of an investigation by the Sacramento County District Attorney’s Office, the Sacramento Police Department, and the Federal Bureau of Investigation. Assistant U.S. Attorney Aaron D. Pennekamp is prosecuting the case.
Derick Louangamath, 30, of Sacramento, was charged today with being a felon in possession of a firearm. According to court documents, on Nov. 23, 2019, law enforcement officers stopped a vehicle that Louangamath was driving and found a Glock 26, along with loaded 10-, 15-, and 33-round magazines. Louangamath has several prior felony convictions—including prior felon-in-possession-of-a-firearm convictions—which prohibit him from possessing a firearm. This case is the product of an investigation by the Sacramento County District Attorney’s Office, the Sacramento Police Department, and the FBI. Assistant U.S. Attorney Aaron D. Pennekamp is prosecuting the case.
Hack Townsend Culling Jr., 27, of Fairfield, was charged on Feb. 6 with being a felon in possession of a firearm. According to court documents, in April 2019, law enforcement officers stopped Culling for various traffic violations. The officers searched Culling and his motorcycle based on Culling’s status on post-release community supervision and found a .25-caliber pistol in one of the saddle bags on Culling’s motorcycle. Culling cannot lawfully possess firearms or ammunition because he has previously been convicted of six felony offenses, five of the convictions are domestic violence offenses. This case is the product of an investigation by the Fairfield Police Department with assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office.
Gabriel Mata, 25, of Fresno, was charged on Feb. 6 with being a felon in possession of a firearm. According to court documents, on Jan. 19, law enforcement officers discovered that Mata possessed a loaded Smith & Wesson M&P, .40-caliber, semi-automatic pistol. Mata has three prior felony convictions—including one prior felon-in-possession-of-a-firearm conviction—which prohibit him from possessing a firearm. This case is the product of an investigation by the FBI and the Fresno Police Department. Assistant U.S. Attorney Anthony Yim is prosecuting the case.
Lawrence Macken, 42, of Stockton, was charged on Jan. 24 with being a felon in possession of a firearm. According to court documents, on Dec. 12, 2019, law enforcement officers stopped Macken’s vehicle and found a Bersa Firestorm .380 semi-automatic handgun in the dash compartment near the driver’s seat. Macken has numerous prior felony convictions—including two felon-in-possession-of-a-firearm convictions, two assault convictions, and multiple vehicle-theft convictions—which prohibit him from possessing a firearm. This case is the product of an investigation by the San Joaquin County District Attorney’s Office, the Stockton Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Aaron D. Pennekamp is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of 10 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.
These cases are 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
The cases are also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Bakersfield and Florida Residents Charged with Conspiracy to Distribute MethamphetamineRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Fayth Shamariah Jones, 22, of Bakersfield; Jonte Deon Scott Jr., 23, of Port Richey, Florida; and Donald Conferlete Carney Jr., 22, of Tarpon Springs, Florida, charging all three defendants with conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, the defendants were traveling north on State Route 99 in Merced County when law enforcement officers attempted to stop the vehicle. The driver began driving at speeds reaching up to 120 miles per hour. After approximately 10 minutes, the officers cornered the vehicle in a cul-de-sac. A search of the vehicle revealed more than 24 kilograms of methamphetamine.
This case is the product of an investigation by the California Highway Patrol, the Merced Area Gang/Narcotics Enforcement Team (MAGNET), Homeland Security Investigations, and the Merced District Attorney’s Office. Assistant U.S. Attorney Michael W. Redding 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.
Guilty Plea in Sacramento-based Scheme to Defraud the Social Security AdministrationRead the Press Release
SACRAMENTO, Calif. — Darron Dimitri Ross, 34, of Charlotte, North Carolina, pleaded guilty Monday to conspiracy to defraud and commit offenses against the United States, aggravated identity theft, and wire fraud, United States Attorney McGregor W. Scott announced.
According to court documents, between November 2015 and October 2018, Ross and co-defendants Eric Lemoyne Willis and Joshua Bilal George conspired to defraud the Social Security Administration (SSA). Willis worked as an SSA Operation Supervisor in Sacramento and Lodi and used his authority as an SSA employee to access the confidential records of numerous beneficiaries. These records contained personally identifiable information (PII), including names, addresses, social security numbers, birth dates, account numbers, family information, and benefit payment amounts. Willis gave this PII to Ross and George who contacted SSA field offices across the country and posed as the beneficiaries. Once Ross or George succeeded in convincing an SSA representative that he was the beneficiary, he then requested that the beneficiary’s direct deposit account be changed to one of the 44 accounts that Ross had opened. SSA then deposited benefit payments into the fraudulent accounts, and the conspirators would divide the proceeds amongst themselves.
At least 160 beneficiaries nationwide were targeted by these crimes, and the total fraud loss suffered by SSA has exceeded $500,000. Willis and Ross spent the proceeds of their crimes on, among other things, trips to Las Vegas and luxury items, including Rolex watches.
This case is the product of an investigation by the Social Security Administration – Office of the Inspector General and the Federal Bureau of Investigation. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
On June 17, 2019, Willis pleaded guilty to similar charges in this case. The charges against George are pending. They are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Ross is scheduled to appear before U.S. District Judge William B. Shubb for a status conference regarding sentencing on April 20. Ross faces a maximum statutory penalty of 27 years in prison and a $750,000 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.
United States Reaches $900,000 Settlement for Damages Caused by Forest Fire in Kern CountyRead the Press Release
FRESNO, Calif. — Southern California Edison has paid $900,000 to resolve the United States’ claim for damages resulting from a 2014 wildfire that burned more than 4,392 acres, including Forest Service lands in Kern County, U.S. Attorney McGregor W. Scott announced today.
The fire, known as the “Way Fire,” ignited on August 18, 2014, in the community of Wofford Heights in Kern County. The United States alleges that the fire ignited when, as a result of SoCal Edison’s negligence, an insulator broke free from its pin on the cross arm of a SoCal Edison power pole, allowing the conductor to come into contact with another conductor.
“This settlement goes a long way toward compensating the public for the damage to public lands caused by the fire and the expense of fighting the Way Fire,” U.S. Attorney Scott said. “This office will continue to pursue recovery against those whose carelessness results in fires that place public lands and communities at risk and require public funds to suppress.”
“I’m pleased that this issue was resolved in a positive manner for our agency,” Randy Moore, Regional Forester for the USDA Forest Service Pacific Southwest Region. “A lot of time and resources go into both fighting fires and cost recovery, and recouping these costs is important.”
Since 2012, the U.S. Attorney’s Office for the Eastern District of California has secured settlements in more than 25 different cases involving wildfire damage to federal lands, with settlements valued at nearly $200 million.
Assistant U.S. Attorney Vincente A. Tennerelli handled the case.
Government Contractor Sentenced to 57 Months in Prison for $3.7 Million Procurement Fraud SchemeRead the Press Release
A former government contractor was sentenced to 57 months in prison today for his role in carrying out a $3.7 million scheme to defraud at least 35 subcontractors located across the United States.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney McGregor W. Scott of the Eastern District of California, Special Agent in Charge David A. House of the Department of Interior Office of Inspector General’s (DOI-OIG) Western Region Office of Investigations, Special Agent in Charge Ray Park of the U.S. Army Criminal Investigation Command’s (Army CID) Major Procurement Fraud Unit, Pacific Fraud Field Office, Special Agent in Charge Sean Ragan of the FBI’s Sacramento Division, Special Agent in Charge Jason Hein of the Air Force Office of Special Investigations’ (Air Force OSI) Office of Procurement Fraud Unit, and Special Agent in Charge Brian Denny of the Defense Criminal Investigative Service’s (DCIS) Western Field Office made the announcement.
Chester L. Neal Jr., 45, of Bourbon Oak, Missouri, was sentenced by U.S. District Judge Dale A. Drozd of the Eastern District of California. Judge Drozd also ordered Neal to pay restitution in the amount of $3,734,927.50.
Neal pleaded guilty on Aug. 19, 2019, to one count of mail fraud. According to admissions made in connection with his plea, Neal established and controlled several companies through which he bid on and won at least 105 government contracts to provide goods and services to federal agencies including the Department of Interior, U.S. Army and U.S. Air Force. The contracts required Neal to purchase and transport rock, gravel, and other raw materials to military bases and national parks. After winning these contracts, Neal fraudulently induced subcontractors to perform the required work. But when Neal was paid by the government for his subcontractors’ work, he did not pay his subcontractors. Instead, Neal kept the money and spent it at places like casinos, nightclubs, restaurants and hotels. In total, between July 2008 and December 2017, Neal defrauded his subcontractors out of approximately $3.7 million.
DOI-OIG, Army CID, the FBI, Air Force OSI and DCIS investigated this matter. Trial Attorney Kyle W. Maurer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Grant B. Rabenn of the Eastern District of California prosecuted the case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
El Dorado Man Pleads Guilty to Illegally Dumping Industrial Wastewater in Stockton Sewer SystemRead the Press Release
SACRAMENTO, Calif. — Jeremiah Young, 38, of El Dorado, pleaded guilty today to unlawful discharge of industrial wastewater, U.S. Attorney McGregor W. Scott announced.
Young was an assistant operator for Community Fuels from 2014 to 2016. Community Fuels is registered in San Joaquin County by American Biodiesel Inc. and manufactured biodiesel fuel on property leased from the Port of Stockton
According to court documents, Young participated in a scheme to discharge hundreds of thousands of gallons of polluted wastewater by various unlawful means, including the discharge of wastewater directly into Stockton’s sewer system after tampering with pH readings. Young also caused a discharge on a different date by using an improvised hose system into a floor drain that led to the city’s sewer system.
Young’s older brother and co-defendant, Christopher Young, 41, of El Dorado Hills, was charged with conspiracy, 12 counts of tampering with monitoring equipment, two counts of unlawful discharge of industrial wastewater, one count of false statements, and one count of witness tampering. Christopher Young was the Director of Operations at the Stockton plant. The charges against him are pending; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
On July 8, 2019, U.S. District Judge Kimberly J. Mueller sentenced American Biodiesel for violations of the Clean Water Act when it allowed the discharge of industrial wastewater into the City of Stockton sewer system. American Biodiesel admitted to tampering with monitoring devices and methods designed to detect such violations, and admitted that employees tampered with pH recordings and flow meters for the purpose of underreporting acid and pollutant levels and volumes that would have exceeded the figures allowed under the city’s regulations.
This case is the product of an investigation by the EPA’s Criminal Investigation Division, San Joaquin County District Attorney’s Office, City of Stockton Municipal Utilities Department, San Joaquin County Environmental Health Department, Port of Stockton, and California Department of Toxic Substances Control. Assistant U.S. Attorneys Philip A. Scarborough and Paul Hemesath are prosecuting the case.
Young is scheduled to be sentenced by Judge Mueller on April 27. He faces a maximum statutory penalty of three years in prison and a fine of up to $250,000 or more if the court finds that the offense resulted in a pecuniary loss. 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.
Sacramento Man Pleads Guilty to Medicare Kickback SchemeRead the Press Release
SACRAMENTO, Calif. — Jai Vijay, 54, of Sacramento, pleaded guilty today to conspiring with the owners of home health care agencies and a hospice agency to pay and receive illegal kickbacks in exchange for Medicare beneficiary referrals.
According to court documents, Jai Vijay’s wife, Anita Vijay, worked as the social services director at a skilled nursing and assisted living facility in Sacramento. In her role, Anita Vijay assisted Medicare beneficiaries in selecting home health care and hospice agencies following their discharge from the facility. Anita Vijay used her position to steer Medicare beneficiaries to home health agencies in Folsom and El Dorado Hills and a hospice agency in Folsom. In exchange for the beneficiary referrals, the agencies’ owners paid Jai Vijay and Anita Vijay illegal cash kickbacks.
In his plea agreement, Jai Vijay admitted that the agencies’ owners paid him and his wife kickbacks in exchange for the referral of approximately 60 beneficiaries. Medicare paid the agencies approximately $400,000 for services they purportedly provided to the beneficiaries. Because the agencies obtained the beneficiary referrals by paying kickbacks, they should not have received any reimbursement from Medicare.
This case is a product of an investigation by the Federal Bureau of Investigation and the Department of Health and Human Services’ Office of Inspector General. Assistant U.S. Attorney Matthew Thuesen is prosecuting the case.
U.S. District Judge Troy Nunley is scheduled to sentence Jai Vijay on April 30. He faces a maximum statutory penalty of five years in prison and a fine of $250,000 or twice the gross loss or gain. 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 Delta Homes & Lending Inc. Employees Sentenced for Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — On Tuesday, U.S. District Judge John A. Mendez sentenced two Sacramento residents each to two years in prison for conspiring to commit wire fraud, U.S. Attorney McGregor W. Scott announced. Ruben Rodriguez, 43, and Jaime Mayorga, 41, were convicted at a jury trial in April 2019.
According to court documents, between October 2004 and May 2007, Rodriguez and Mayorga were employees of Delta Homes and Lending Inc., a now-defunct Sacramento-based real estate and mortgage lending company that was founded by co-defendant Moctezuma “Mo” Tovar. Rodriguez, Mayorga, Tovar, and other Delta Homes employees and co-defendants Manuel Herrera, Sandra Hermosillo, Jun Michael Dirain, and Christian Parada Renteria agreed to commit fraud to obtain home loans from mortgage lenders. As part of the scheme, Rodriguez and Mayorga submitted fraudulent mortgage loan applications and supporting documents, which falsely represented the borrowers’ assets and income, liabilities and debts, employment status, citizenship status, and intent to occupy the property. Rodriguez and Mayorga also provided money to the borrowers in order to inflate their bank account balances. Once the loans were secured, the borrowers returned the money. The aggregate sales price of the homes involved in the overall conspiracy was in excess of $10 million. As a result of the conspiracy, mortgage lenders and others suffered losses of at least $4 million.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Brian A. Fogerty and Justin L. Lee prosecuted the case.
Co-defendant Moctezuma Tovar, 50, of Sacramento, was sentenced to 4 ½ years in prison. Co‑defendant Manuel Herrera, of Davis, was sentenced to one year in prison. Co-defendant Jun Michael Dirain, 47, of Antelope, was sentenced to six months in prison, followed by six months of home detention. Co-defendant Sandra Hermosillo, 57, of Woodland, was sentenced to 9 months of home detention. Co-defendant Christian Parada Renteria, 43, formerly of Sacramento, pleaded guilty to 2 counts of concealing felonies related to the wire fraud conspiracy, and was previously sentenced to serve 1 year in prison.
Vallejo Man Pleads Guilty to Bank Fraud and Identity Theft SchemeRead the Press Release
SACRAMENTO, Calif. — Matthew Core, 38, of Vallejo, pleaded guilty Monday to bank fraud, aggravated identity theft, and possession of reproduced U.S. Postal Service keys, U.S. Attorney McGregor W. Scott announced.
According to court documents, between February and August 2018, Core participated in a scheme to defraud banks in which he and others used counterfeit U.S. Postal Service keys to break into residential mailboxes throughout Northern California. The scheme participants stole U.S. Mail from these mailboxes and pulled out bankcards, personal and business checks, and government-issued IDs, all belonging to the mail-theft victims. They then altered some of the checks and bankcards with the intent to use them to defraud financial institutions.
In one instance, in April 2018, Core deposited an altered check issued by JP Morgan Chase Bank into his own bank account at an ATM in Vallejo. By depositing the altered check, Core knowingly used the identity of a mail-theft victim without legal authority. Core committed these acts with the intent to defraud JP Morgan Chase, which was insured by the Federal Deposit Insurance Corporation.
On Aug. 29, 2018, Core and others were arrested in Granite Bay. At that time, Core possessed at least four counterfeit U.S. Postal Service keys and two U.S. Postal Service locks. Core possessed these items with the intent to commit identity theft and bank fraud, including using them to steal U.S. Mail. On that same date, Core also possessed at least 15 unauthorized bankcards.
This case is the product of an investigation by the U.S. Postal Inspection Service. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
Core is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on April 27. Core faces a maximum statutory penalty of 30 years in prison and a fine of up to $1 million for the bank fraud, 10 years in prison and a fine of up to $250,000 for possession of mail keys, and a mandatory sentence of two years in prison consecutive to any other sentence imposed a fine of up to $250,000 for aggravated identity theft. 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.
Kern County Man Unlawfully Manufacturing Short Barrel Rifles Pleads Guilty to Federal Gun ChargeRead the Press Release
FRESNO, Calif. — Julian Burmado, 30, of Bakersfield, pleaded guilty today to possessing firearms not registered to him in the National Firearms Registry, U.S. Attorney McGregor W. Scott announced.
According to court documents, Burmado manufactured rifles with various barrel lengths and offered the rifles for sale. On Oct. 3, 2018, Burmado was arrested in possession of five rifles of varying lengths. One barrel was longer than 16 inches as required by law, but three rifles had barrel lengths of 12 inches and one had a barrel length of 9 inches. None of the short barrel rifles were registered with the National Firearms Registry.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bakersfield Police Department. Assistant U.S. Attorney Melanie L. Alsworth is prosecuting the case.
Burmado is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 11. Burmado faces a maximum statutory penalty of 10 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
Income Tax Preparer Pleads Guilty to Preparing and Filing False Tax ReturnsRead the Press Release
FRESNO, Calif. — Chris Donell Smith, 56, of Stockton, pleaded guilty today to aiding and assisting in the preparation of false tax returns, U.S. Attorney McGregor W. Scott announced.
According to court documents, Smith owned and operated New Covenant Tax & Accounting, a tax preparation business in Modesto. Between 2012 and 2015, Smith prepared income tax returns that reported false items and dollar amounts for a number of his clients without their knowledge or consent. He falsified charitable contributions, unreimbursed employee expenses, and capital losses and wage income on some of his clients’ tax returns. For some of these clients, he prepared a correct tax return which he gave the client, but then electronically filed a fraudulent return claiming a higher refund. He directed that the payment of the refund be split, with the amount the client expected going into the client’s own bank account and the additional higher amount going into an account controlled by Smith. According to the plea agreement, Smith defrauded the IRS of approximately $63,000.
This case is the product of an investigation by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Melanie L. Alsworth is prosecuting the case.
Smith is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 11. Smith faces a maximum statutory penalty of three years in prison and a $100,000 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.
Fresno County Man Pleads Guilty to Illegally Possessing a HandgunRead the Press Release
FRESNO, Calif. — Christian Uriel Garcia Andrade, 36, of Huron, pleaded guilty today to unlawfully possessing a firearm, United States Attorney McGregor W. Scott announced.
According to court documents, on Feb. 18, 2018, while in pursuit of Andrade, a police officer saw him toss an object into a cul-de-sac. The officer later returned to the cul-de-sac and found a loaded 9 mm handgun in the same area where Andrade had tossed the object. Because of his prior felony convictions, Andrade is prohibited from possessing firearms.
This case is the product of an investigation by the Department of Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huron Police Department. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
Andrade is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 11. Andrade faces a maximum statutory penalty of 10 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
Five Defendants Plead Guilty to Conspiracy to Rob Chase Bank in ModestoRead the Press Release
FRESNO, Calif. — Robert Zavala Jr., 24, and Moises Garcia DeLeon, 27, both of Soledad, pleaded guilty today to conspiracy to commit armed bank robbery, U.S. Attorney McGregor W. Scott announced.
On Nov. 16, 2018, six Monterey County men were arrested as they were preparing to rob a bank in Modesto. Zavala and Garcia DeLeon are the fourth and fifth defendants to plead guilty to in this case. Soledad residents Victor Bravo, 24; Enrique Lopez, 28; and Cesar Lemus, 21, all previously pleaded guilty to conspiracy to commit armed bank robbery. Charges are pending against co‑defendant Jesus Robledo.
According to court documents, a deputy sheriff noticed a Nissan Altima parked in a parking lot at an apartment complex in Modesto that had been reported stolen from Salinas. Officers set up surveillance on the stolen Nissan and watched four cars leave the apartment complex together.
The cars traveled close to each other to a shopping area in Modesto that contained a Chase Bank. Lemus, who drove one of the cars, drove back and forth past the Chase Bank, talking to his co-conspirators on the phone.
The stolen Nissan, driven by Bravo, parked in a loading area behind the shopping center next to a car driven by Lopez. Lopez got out of his car and started loading items into the stolen Nissan. The stolen Nissan then left the loading area, drove through an alley, and parked in a parking lot near Chase Bank, at which time officers stopped the car and detained all four occupants. Inside the stolen Nissan, officers found two assault rifle-style firearms, a handgun, a revolver, masks, gloves, and a large duffel bag.
This case is the product of an investigation by the Federal Bureau of Investigation, the Stanislaus County Sheriff’s Office, the Modesto Police Department, the Monterey County Sheriff’s Office, the San Mateo County Sheriff’s Office, the Tulare County Sheriff’s Office, and Fresno County Sheriff’s Office. Assistant U.S. Attorney Ross Pearson is prosecuting the case.
Jesus Robledo is scheduled for a status conference on May 11. The charges are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
All remaining defendants are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 11. The defendants face 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.
Colusa County-based Darkweb Drug Vendor “Budgetbudsexpress” Pleads GuiltyRead the Press Release
SACRAMENTO, Calif. — Eric Friccero, 29, of Arbuckle, pleaded guilty today to possessing with intent to distribute a controlled substance, U.S. Attorney McGregor W. Scott announced.
According to court documents, Fricerro, operating under the name “BudgetBudsExpress,” distributed marijuana to customers throughout the United States through darkweb marketplaces. On Jan. 31, 2019, law enforcement officers searched Friccero’s residence and found marijuana that was offered for sale on the darkweb, along with bitcoin and cash.
This case is the product of an investigation by the Northern California Illicit Digital Economy Task Force (NCIDE), composed of agents from Homeland Security Investigations, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Drug Enforcement Administration, and IRS Criminal Investigation. The NCIDE Task Force is a federal task force focused on targeting all forms of darkweb and cryptocurrency activity in the Eastern District of California. Assistant U.S. Attorneys Grant B. Rabenn and Paul Hemesath are prosecuting the case.
Friccero is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on Aug. 17. Friccero faces a maximum statutory penalty of 20 years in prison and a $1 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.
Reedley Man Sentenced to 19 Years in Prison for Drug and Gun ChargesRead the Press Release
FRESNO, Calif. — Netzahualcoyotl Cerna, 40, of Reedley, was sentenced Monday by U.S. District Judge Dale A. Drozd to 19 years in prison for carrying a firearm during and in relation to a drug trafficking crime, possession of methamphetamine with the intent to distribute it, and being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to evidence presented at trial, Cerna was apprehended in Reedley on April 8, 2019. Cerna, a convicted felon, was wanted for violations of parole at the time of his arrest. Officers located a loaded firearm and approximately 121 grams of methamphetamine on his person. Cerna admitted to law enforcement after his arrest that he intended to sell the methamphetamine to make money and that he was carrying the firearm for protection because gang members were trying to tax his drug proceeds. On Oct. 23, 2019, a federal jury found Cerna guilty.
This case was the product of an investigation by the Drug Enforcement Administration, the California Department of Corrections and Rehabilitation, and the Reedley Police Department. Assistant U.S. Attorneys Katherine Schuh and Kathleen Servatius 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
Colorado Man Pleads Guilty to Racketeering Charges Related to Darknet Marketplace AlphaBayRead the Press Release
FRESNO, Calif. — Bryan Connor Herrell, 25, pleaded guilty on Monday to conspiring to engage in a racketeer influenced corrupt organization, U.S. Attorney McGregor W. Scott announced.
According to court documents, Herrell was a moderator on the AlphaBay marketplace, an illegal website that operated on the so-called darknet. On AlphaBay, vendors and purchasers engaged in hundreds of thousands of illicit transactions for guns, drugs, stolen identity information, credit card numbers and other illegal items. At the time, AlphaBay was considered to be the world’s largest online drug marketplace.
As a moderator on AlphaBay, Herrell settled disputes between vendors and purchasers and settled over 20,000 disputes. He is also accused of serving as a scam watcher — providing a service dedicated to monitor attempts to defraud AlphaBay users. Herrell went by the monikers “Penissmith” and “Botah” and was paid in bitcoin for his participation.
On June 1, 2017, a Fresno grand jury indicted the alleged founder of AlphaBay, Alexandre Cazes, and four days later the Royal Thai Police, with assistance from the FBI and DEA, arrested him at his residence in Bangkok, in connection with his alleged involvement with AlphaBay. At the time of his arrest, law enforcement discovered Cazes’s laptop open and in an unencrypted state. Agents and officers found several text files that identified the passwords/passkeys for the AlphaBay website, the AlphaBay servers, and other online identities associated with AlphaBay. The indictment against Cazes was dismissed as a result of his death. The investigation of AlphaBay and its former administrators continues.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Paul Hemesath and Grant B. Rabenn, and Senior Counsel Louisa K. Marion of the Department of Justice’s Computer Crime and Intellectual Property Section are prosecuting the case.
Herrell is scheduled to be sentenced on May 18. He faces a maximum statutory penalty of 20 years in prison. 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.
MS-13 Member Sentenced to 10 Years for Drug TraffickingRead the Press Release
FRESNO, Calif. — Claudia Lizaola, 40, of San Bernardino, was sentenced today by U.S. District Judge Lawrence J. O’Neill to 10 years in prison for conspiracy to distribute and possess with intent to distribute controlled substances, U.S. Attorney McGregor W. Scott announced.
According to court documents, Lizaola was a member of La Mara Salvatrucha (MS-13), a violent criminal street gang that engages in racketeering activity, including murder, kidnapping, extortion, and drug trafficking. Lizaola pleaded guilty to conspiring to distribute methamphetamine to MS-13 members in Mendota.
Co-defendant Brenda Morales pleaded guilty to being an alien in possession of a firearm. Her sentencing hearing is scheduled for March 13. The remaining 14 co‑defendants are scheduled for trial on April 14. These remaining defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt
The investigation was conducted by the California Department of Justice and California Highway Patrol Special Operations Unit, the Multi-Agency Gang Enforcement Consortium (MAGEC), the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the Fresno County District Attorney’s Office, the Fresno County Sheriff’s Office, and the California Department of Corrections and Rehabilitation Special Services Unit (SSU). Assistant U.S. Attorneys Ross Pearson, Kathleen Servatius and Kimberly Sanchez are prosecuting this and related cases. Fresno County Senior Deputy District Attorney Dennis Lewis is working with the team and prosecuting related cases in Fresno County Superior Court.
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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Fresno Man Found Guilty of Distributing Fentanyl Resulting in First Reported Fentanyl Overdose Deaths in Fresno and Madera CountiesRead the Press Release
FRESNO, Calif. — On Friday, a federal jury found Darnell Pearson, 41, of Fresno, guilty of two counts of distribution of fentanyl resulting in death and serious bodily injury, U.S. Attorney McGregor W. Scott announced.
“This defendant sold what his customers thought was cocaine that was, in fact, fentanyl and caused the deaths of two people and serious injury to two others,” U.S. Attorney Scott stated. “These two deaths were the first reported fentanyl overdose deaths in Fresno and in Madera. As they demonstrate, fentanyl is extremely dangerous and is a serious public health threat in our area and the nation as a whole. Even trace amounts of this drug can be lethal, and it poses serious risks to those who come into contact with it, including first responders. We will continue to work with our state and federal partners to target those who distribute this poison in our communities.”
“Fentanyl is man-made and potent in the smallest amounts. A few grains of the substance can lead to overdose, and we are increasingly seeing it sold as other illicit drugs. The message has been sent, if you distribute drugs that result in death and serious bodily injury, we will use every tool available to ensure that justice is served,” stated Drug Enforcement Administration Special Agent in Charge Daniel C. Comeaux. “I applaud the collaborative efforts and good old fashioned police work that led to the successful prosecution of this investigation.”
According to court documents, on Jan. 7, 2019, law enforcement officers responded to a call concerning an overdose in Fresno and found three individuals on the ground with faint or no pulse. All three individuals were transported to Community Regional Medical Center for treatment. One of the individuals was pronounced dead on Jan. 10, 2019. A toxicology report determined that the cause of death for the individual was overdose from fentanyl. The other two individuals survived and were later released from the hospital. The jury found that the death resulted from the use of the fentanyl distributed by Pearson, and it caused the other two victims to suffer serious bodily injury.
Pearson was convicted of a second count of distribution of fentanyl resulting in death of a victim in Madera, and the jury found the death of this victim resulted from the use of the fentanyl distributed by Pearson. On Jan. 7, 2019, the victim, the mother of Pearson’s children, was found motionless on the floor of her bathroom by family members. Officers and paramedics were unable to revive her and she was pronounced dead that evening.
This case is the product of an investigation by the U.S. Drug Enforcement Administration, Homeland Security Investigations, the Fresno Police Department, and the Madera Police Department. Assistant U.S. Attorneys Laurel Montoya and Michael Tierney are prosecuting the case.
Pearson is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 8. Pearson faces a minimum statutory penalty of 20 years in prison, a maximum of life in prison, and a $1 million fine on each count. 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.
Fairfield Man Indicted for Bank Fraud and Aggravated Identity TheftRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 10-count indictment against Reginald Lamont Thomas, 44, of Fairfield, charging him with bank fraud and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, Thomas used a victim’s personally identifiable information to take over the victim’s checking and savings account and make various unauthorized transactions, including incurring $112,874 in debit card charges.
This case is the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorneys Tanya B. Syed and Matthew Morris are prosecuting the case.
If convicted of bank fraud, Thomas faces a maximum statutory penalty of 30 years in prison and a $1 million fine. If convicted of aggravated identity theft, Thomas faces a mandatory statutory penalty of two years in prison consecutive to any other sentence imposed 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.
Bakersfield Man Pleads Guilty to Possession with Intent to Distribute Methamphetamine and HeroinRead the Press Release
FRESNO, Calif. — Hacel Alfredo Alvarez, 35, of Bakersfield, pleaded guilty today to possessing with intent to distribute methamphetamine and heroin, U.S. Attorney McGregor W. Scott announced.
According to court documents, Alvarez admitted that he was storing for the purpose of distribution 21 pounds of methamphetamine and over 1 pound of heroin that officers found at his residence in Bakersfield during the execution of a search warrant. The officers also found $8,980 in cash under the mattress in his bedroom.
This case is the product of an investigation by the Southern Tri-County High Intensity Drug Trafficking Area (HIDTA) task force, which consists of agents from Homeland Security Investigations and the Kern County Sheriff’s Office. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Alvarez is scheduled to appear in federal court in Fresno for sentencing on May 18. He faces a mandatory minimum statutory penalty of 10 years and a maximum 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.
Top Executives Plead Guilty to Participating in a Billion Dollar Ponzi Scheme—the Biggest Criminal Fraud Scheme in the History of the Eastern District of CaliforniaRead the Press Release
SACRAMENTO, Calif. — The owners of DC Solar, a Benicia-based company, pleaded guilty today to charges related to a billion dollar Ponzi scheme— the biggest criminal fraud scheme in the history of the Eastern District of California. The government’s investigation has resulted in the largest criminal forfeiture in the history of the District with over $120 million in assets forfeited that will go to victims, and has returned $500 million to the United States Treasury, with more to come, U.S. Attorney McGregor W. Scott announced.
Jeff Carpoff, 49, of Martinez, pleaded guilty today to conspiracy to commit wire fraud and money laundering. His wife, Paulette Carpoff, 46, pleaded guilty today to conspiracy to commit an offense against the United States and money laundering. According to court documents, between 2011 and 2018, DC Solar manufactured mobile solar generator units (MSG), solar generators that were mounted on trailers that were promoted as able to provide emergency power to cellphone towers and lighting at sporting events. A significant incentive for investors were generous federal tax credits due to the solar nature of the MSGs.
The conspirators pulled off their scheme by selling solar generators that did not exist to investors, making it appear that solar generators existed in locations that they did not, creating false financial statements, and obtaining false lease contracts, among other efforts to conceal the fraud. In reality, at least half of the approximately 17,000 solar generators claimed to have been manufactured by DC Solar did not exist.
U.S. Attorney Scott stated: “This billion dollar Ponzi scheme hurt investors and took money from the United States Treasury. This case represents not only the largest criminal fraud scheme in the history of the District, it also represents the largest criminal forfeiture in the history of the District with over $120 million in assets forfeited. All of this money will be returned to the victims. This scheme also targeted the United States Treasury, and we have returned $500 million to the Treasury to date. Agents, investigators and attorneys from various federal agencies are still working to continue to return money to victims and the United States Treasury. Today’s guilty pleas sends a strong message that fraudsters will get caught and will pay for their crimes. You can run, but you cannot hide.”
The forfeiture included seizing and auctioning 148 of the Carpoffs’ luxury and collector vehicles, including the 1978 Firebird previously owned by actor Burt Reynolds. This historical auction resulted in recouping approximately $8.233 million for victims. In addition to their collection of luxury and collector vehicles, Jeff and Paulette Carpoff used money from the scheme to pay for a minor-league professional baseball team and a NASCAR racecar sponsorship; to purchase luxury real estate in California, Nevada, the Caribbean, Mexico, and elsewhere; a subscription private jet service; a suite at a professional football stadium; and jewelry.
“The Carpoffs and their co-conspirators wove a web of lies and deceit in a massive fraud scheme. Meticulous review and analysis of millions of documents revealed the operation and true intention of the scheme,” said Special Agent in Charge Sean Ragan. “The FBI is committed to our partnerships with the Internal Revenue Service Criminal Investigation, Federal Deposit Insurance Corporation Office of Inspector General, and U.S. Marshals Service. Together, we seek to uncover fraud that exploits investors and taxpayers, ensuring criminals face justice.”
“By all outer appearances this was a legitimate and successful company,” said Kareem Carter, Special Agent in Charge IRS Criminal Investigation. “But in reality it was all just smoke and mirrors — a Ponzi scheme touting tax benefits to the tune of over $900 million. IRS CI is committed to investigating those who take advantage and impact the financial well-being of others for their own personal gain.”
“The Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG) is pleased to join our law enforcement colleagues in announcing these guilty pleas,” stated Special Agent in Charge Wade Walters for the FDIC OIG San Francisco Regional Office. “The defendants conspired with others to create a fraudulent business venture that duped unsuspecting entities, including banks, to invest approximately $1 billion, which the two later used to support a lavish lifestyle. They also knowingly engaged in a money laundering transaction involving criminally derived property. The FDIC-OIG is committed to ensuring that those who use our Nation’s banks to undermine the integrity of the financial system will be held accountable.”
Four defendants have previously pleaded guilty to federal criminal charges related to the fraud scheme since October. Joseph W. Bayliss, 44, of Martinez, and Ronald J. Roach, of Walnut Creek, each pleaded guilty to related charges on Oct. 22, 2019. Robert A. Karmann, 53, of Clayton, pleaded guilty to related charges on Dec. 17, 2019. Ryan Guidry, 53, of Pleasant Hill, pleaded guilty to related charges on Jan. 14, 2020. A seventh co-conspirator is scheduled to plead guilty on Feb. 11. The investigation into the fraud remains ongoing.
This case is the product of an investigation by the Federal Bureau of Investigation, IRS‑Criminal Investigation, and the Federal Deposit Insurance Corporation Office of Inspector General. Assistant U.S. Attorneys André M. Espinosa and Kevin C. Khasigian are prosecuting the case.
Jeff and Paulette Carpoff are scheduled to be sentenced by U.S. District Judge John A. Mendez on May 19. Jeff Carpoff faces a maximum statutory penalty of 30 years in prison. Paulette Carpoff faces a maximum statutory penalty of 15 years in prison. 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.
Two Men Indicted for Conspiracy to Traffic Methamphetamine and Fentanyl in Tulare CountyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a three-count indictment today against Saul Giovanni Solis Ontiveros, 24, of Pixley, and Eduardo Garcia, 20, of McFarland, charging them with conspiring to distribute over 160 pounds of methamphetamine and approximately 300 fentanyl pills, U.S. Attorney McGregor W. Scott announced.
According to court documents, the defendants were stopped in a routine traffic stop in Pixley. Through the rear windows of the car, officers saw two buckets with a white crystalline substance on the rim of the lids. Eventually, further searches of the car and two residences located over 160 pounds of methamphetamine, over 200 pounds of liquid methamphetamine, and approximately 300 pills containing fentanyl. Inside both residences law enforcement officers found active methamphetamine conversion laboratories.
This case is the product of an investigation by the Drug Enforcement Administration and the Tulare County Sheriff’s Office with assistance from the California Department of Justice. Assistant U.S. Attorney Katherine Schuh is prosecuting the case.
If convicted, Ontiveros and Garcia face a mandatory minimum sentence of 10 years in prison, 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.
United States Reaches $27,500 Settlement with Fresno Pharmacy for Controlled Substance Act ViolationsRead the Press Release
FRESNO, Calif. — The Medicine Chest Pharmacy in Fresno has agreed to pay $27,500 to resolve allegations that it violated the Controlled Substances Act, U.S. Attorney McGregor W. Scott announced today. The settlement was reached in October, the sale of the pharmacy and its assets has recently been completed.
According to the settlement agreement, the Medicine Chest Pharmacy improperly dispensed Schedule III and IV drugs and committed multiple recordkeeping violations. The Medicine Chest’s owner has also agreed to divest herself from any ownership interest in the pharmacy and will refrain from owning or operating any pharmacy for a period of five years.
The settlement relates to a Drug Enforcement Administration (DEA) investigation of the Medicine Chest beginning in Sept. 2018. A DEA administrative audit and inspection of the Medicine Chest revealed that the Pharmacy had dispensed multiple prescriptions in violation of the Controlled Substance Act and California law, including some prescriptions using the improper DEA registration number and prescriber’s name. Investigators also found that the Medicine Chest failed to complete an initial inventory when issued a DEA registration number and kept inaccurate records. The pharmacy failed to document the date on which certain controlled substances were received on invoices for Schedule III – V drugs.
“Pharmacies are a critical link in the drug distribution chain,” said U.S. Attorney Scott. “They have an obligation to ensure that controlled substances are only dispensed in accordance with the law. They also must ensure that all drug transactions are properly documented and tracked to prevent drug diversion and abuse of powerful opioids and other potentially dangerous drugs. This settlement highlights our commitment to enforcing the Controlled Substances Act and protecting our citizens.”
“Accurate recordkeeping is an important part of the accountability chain in the distribution of controlled prescription drugs. When that chain is broken, it opens the door to the diversion of potentially addictive pharmaceuticals,” stated DEA Special Agent in Charge Daniel C. Comeaux. “DEA will continue to pursue those who do not carry out their due diligence, as required by law, to ensure compliance with the Controlled Substances Act.”
This settlement resulted from a coordinated effort by the Drug Enforcement Administration and the U.S. Attorney’s Office for the Eastern District of California. It was handled by Assistant U.S. Attorney Geoffrey D. Wilson.
The claims resolved by this settlement are allegations only. There has been no determination of liability.
Stanislaus County Man Sentenced to over 16 Years in Prison for Receiving Child PornographyRead the Press Release
FRESNO, Calif. — David Jahve Nin, 40, of Salida, was sentenced today by U.S. District Judge Lawrence J. O’Neill to 16 years and eight months in prison for receiving child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, from approximately October 2014 through approximately July 2017, in Stanislaus County, Nin was found to have received through the internet over 200 videos of minors engaged in sexually explicit conduct. The videos also involved the portrayal of sadistic, masochistic, and other depictions of violence, and included depictions of minors as young as toddlers being sexually abused.
This case was the product of an investigation by both the Stockton, California and Phoenix, Arizona Offices of Homeland Security Investigations (HSI). Assistant U.S. Attorney Brian W. Enos prosecuted the case.
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.
Sacramento Man Charged with Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment on Jan, 16 against Bryan Paul Tamblyn, 36, of Sacramento, charging him with receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
The indictment alleges that between July 4, 2018 and Aug. 20, 2019, Tamblyn knowingly received visual depictions of children engaging in sexually explicit conduct.
This case is the product of an investigation by the Sacramento Sheriff’s Department, and the Sacramento Internet Crimes Against Children Task Force, a federally and state-funded task force managed by the Sacramento Sheriff’s Department with agents from federal, state, and local agencies. Assistant U.S. Attorney Christina McCall is prosecuting the case.
If convicted, Tamblyn faces a maximum statutory penalty of 20 years in prison, a minimum sentence of five years in prison, up to a lifetime of supervised release following a custodial sentence, a $250,000 fine, and restitution to the victims of the offense. 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.
Tulare Man Convicted of Methamphetamine TraffickingRead the Press Release
FRESNO, Calif. — A federal jury returned a verdict on Thursday finding Jose Roberto Arreola-Serrato, 31, of Tulare, guilty of a conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute, U.S. Attorney McGregor W. Scott announced.
According to court documents and evidence produced at trial, Arreola-Serrato worked with other members of a Tulare County-based conspiracy to supply methamphetamine for a large-scale drug trafficking organization, which was responsible for distributing methamphetamine, cocaine, and heroin in California and Washington.
As the result of investigation, law enforcement seized a large amount of controlled substances, including 14 kilograms of methamphetamine, 2 kilograms of cocaine, and 1 kilogram of heroin.
Ten co-defendants charged in October 2015 pleaded guilty to various drug charges and have been sentenced to the following prison terms: Olegario Trujillo, 33, of Fresno, 20 years; Edgar Valencia-Farias, of Tulare, four years; Gladys Ramos, 34, of Woodlake, four years; Carlos Tafoya-Ramos, 22, of Woodlake, six years; Marcos Diaz, 23, of Madera, 11 years; Ramiro Salas Munoz, 37, of Lindsay, time served (10 months); Arthur Allen Walker, 32, of Poplar, three years reduced to time served; Francisca Torres-Guisar, 51, of Visalia, three years; Gary Passmore, 65, of Washington state, three years and nine months in prison, and Jorge Martinez Jr., 23, of Tulare, four years.
Arrest warrants remain outstanding for Arnold Martinez Valencia, 39, of Woodlake, and Pedro Delgado-Montenegro, 36, of Porterville. The charges against them are only allegations, and they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of a Central Valley High Intensity Drug Trafficking Area (HIDTA) investigation conducted by the Central Valley Marijuana Investigation Team (CVMIT). CVMIT was composed of Homeland Security Investigations (HSI), California Department of Justice-Bureau of Investigation, California Fish and Wildlife, Tulare County Sheriff’s Office, Kings County Sheriff’s Office, and Fresno County Sheriff’s Office. Assistant U.S. Attorneys Kathleen Servatius and Mira Chernick are prosecuting the case.
Arreola-Serrato will appear in district court for sentencing on April 10. Arreola-Serrato faces a mandatory minimum statutory penalty of 10 years and up to life in prison. 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.
Manteca Resident Indicted for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment Thursday against Mario Gonzalez, 37, of Manteca, charging him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Dec. 16, 2019, the Manteca Police Department found Gonzalez to be in possession of a loaded .45-caliber Ruger New Vaquero revolver. Gonzalez has six prior felony convictions, three of which are related to domestic violence.
This case is the product of an investigation by the Manteca Police Department, the San Joaquin District Attorney’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Michael W. Redding is prosecuting the case.
If convicted, Gonzalez 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.
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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov.
U.S. Attorney’s Office Collects over $104M in Criminal and Civil Actions in 2019Read the Press Release
SACRAMENTO, Calif. — The U.S. Attorney’s Office collected $104,469,755 in criminal and civil actions during the fiscal year ending Sept. 30, 2019, U.S. Attorney McGregor W. Scott announced today. Of this amount, $78,774,806 was in civil actions and $25,694,949 was in criminal actions.
This office worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $1,947,052 in cases pursued jointly by these offices. Of this amount, $1,928,713 was collected in civil actions and $18,339 was collected in criminal actions. Working with other partner agencies and divisions, the office collected $23,712,892 in asset forfeiture actions. These figures represent funds actually received during the year, not judgments or settlements that have not yet been paid.
“Financial recoveries are a critical part of our mission to protect the public treasury and hold those who violate the law accountable for the injury they cause,” said U.S. Attorney Scott. “Each year, our recoveries for victims and taxpayers dwarf the total cost of operating our office. We will continue to aggressively pursue compensation from those who commit crimes and other wrongs in our district, to take the profit out of crime and to ensure that wrongdoers—not the public—bear the costs of unlawful conduct. I am enormously proud of these recoveries and other great accomplishments this year by all the dedicated public servants who work in this office.”
Major recoveries during this period include: $50.5 million from Health Net Federal Services for false claims submitted to the Department of Veterans Affairs under a contract to provide veterans with health care, $13.4 million in fraud proceeds forfeited from NBA executive Jeff David and restored to the Sacramento Kings, $9 million from Kernen Construction Co. and Bundy & Sons Logging for damages caused by a fire that burned more than 1,600 acres of the Shasta-Trinity National Forest, and $10 million from BMO Harris Bank N.A. to resolve allegations that the bank violated the Financial Institutions Reform, Recovery and Enforcement Act by engaging in a fraud.
U.S. Attorneys’ Offices and the Justice Department’s litigating divisions enforce and collect debts owed to the United States and to victims of federal crimes. Federal law requires defendants convicted of certain crimes to pay restitution to the victims for physical injury or financial loss. Criminal fines and felony assessments are distributed by the Department of Justice Crime Victims’ Fund to state victim-compensation and victim-assistance programs. Assets recovered through forfeitures are used to restore lost funds to crime victims, to reimburse forfeiture-related investigative expenses, and for other law-enforcement purposes authorized by Congress.
Most civil recoveries were from enforcement actions seeking compensation and penalties for frauds on federal programs or federally insured financial institutions, negligent destruction of National Forest land by fire, and violations of federal health, safety, civil rights, or environmental laws. Recoveries in civil enforcement actions are used primarily to return taxpayer funds to defrauded programs and for restoration of damaged public resources.
Mexican National Sentenced for Conspiring to Assist Flight of Man Charged with Murdering Police OfficerRead the Press Release
FRESNO, Calif. — Erik Quiroz Razo (Quiroz), 28, an illegal alien from Michoacán, Mexico residing in Merced, was sentenced today to 21 months in prison for conspiring with others to assist Paulo Virgen Mendoza’s flight from California to Mexico after he allegedly committed a felony: the murder of Newman Police Corporal Ronil Singh during a traffic stop, U.S. Attorney McGregor W. Scott announced.
“The murder of a police officer in the line of duty is an assault on the entire community. This defendant, a convicted felon and previously deported alien, played a critical role in helping a man accused of killing a police officer to elude apprehension,” said U.S. Attorney Scott. “He disposed of the murder weapon, and he urged those close to him to not tell anyone about his activities. The successful prosecution of this defendant sends a message to the community that this behavior will not be tolerated.”
Last September, a jury found Quiroz guilty, along with Virgen Mendoza’s brother, Conrado Virgen Mendoza, 34, an illegal alien from Colima, Mexico, residing in Chowchilla. The evidence at trial established that Quiroz helped Paulo Virgen Mendoza conceal the truck that he was driving at the time of Corporal Singh’s murder, disposed of the firearm used to kill the officer, and lied to Stanislaus County Sheriff officers about Paulo’s whereabouts.
A court hearing for Conrado Virgen Mendoza has been scheduled for Jan. 21 where a sentencing date will be set for his involvement in the conspiracy to help his brother flee. He faces a maximum statutory penalty of five years in prison and a $250,000 fine for conspiring to aid in his brother’s flight from authorities. 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 the product of an investigation by Homeland Security Investigations and the Stanislaus County Sheriff’s Office with assistance from the Immigration and Customs Enforcement, Enforcement and Removal Operations; Central Valley High Intensity Drug Trafficking Area (HIDTA) task force; Southern Tri-County HIDTA; Bureau of Alcohol, Tobacco, Firearms, and Explosives; California Highway Patrol; California Department of Justice, the Sheriffs’ Offices for Kern, Merced, and Santa Cruz Counties; and the Police Departments for Merced, Turlock, Modesto, and Santa Cruz. Assistant U.S. Attorneys Karen A. Escobar, Laura D. Withers, and Michael G. Tierney are prosecuting the case.
Three Sacramento Airport Workers Plead Guilty to Mail Theft ConspiracyRead the Press Release
SACRAMENTO, Calif. — Domingo Ene, 28; Joshua Hopoi, 24; and Raymond Su, 31, pleaded guilty today to conspiring to steal U.S. mail, U.S. Attorney McGregor W. Scott announced. Ene also pleaded guilty to possession of a stolen firearm.
According to court documents, from April 2018 to July 2018, the three men conspired to steal mail that was passing through Sacramento International Airport. All three defendants worked at Sacramento International Airport as employees of a company that provided ground services. Their positions involved handling baggage and mail. They loaded mail from the Sacramento area onto departing flights, as well as unloading incoming mail from arriving flights. The defendants stole mail, especially cash and gift cards, and they used the gift cards to make purchases. According to court documents, the defendants obtained at least 95 stolen gift cards and at least $3,295 in cash.
According to court documents, Ene also used his position as an employee at Sacramento International Airport to steal items from checked luggage. One of the items that he stole was a pistol that had been checked on a flight departing from Sacramento.
This case is the product of an investigation by the U.S. Postal Inspection Service with assistance from the Narcotics and Economic Crime Investigations Task Force, Roseville Police Department, Citrus Heights Police Department, Sacramento County Sheriff’s Department, and Sacramento Police Department. Assistant U.S. Attorney Miriam R. Hinman is prosecuting the case.
The defendants are scheduled to be sentenced by U.S. District Judge John A. Mendez on May 5. They face a maximum statutory penalty of five years in prison and a $250,000 fine for the conspiracy count. Ene also faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for possession of the stolen firearm. 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.