FEDERAL DISTRICT ARCHIVE
Eastern District of California
Press releases recorded for this federal judicial district.
Sacramento Man Indicted for Mailing Threatening Communications, Hoax Letters Containing White Powder, and Aggravated Identity TheftRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a seven-count indictment today against Darnell Ray Owens, 32, of Sacramento, charging him with mailing threatening communications, hoaxes involving biological weapons, and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, Owens allegedly sent threatening letters via U.S. mail to individuals and organizations, using the return addresses of people he knew. Two letters contained white powder.
According to the indictment, on July 10, 2018, Owens mailed a letter to the pastor of a church in Dallas, Texas, which said in part, “I will assassinate your pastor in the name of Allah, I will burn down Christian churches … This is a threat.”
According to the indictment, on October 20, 2018, Owens sent a letter to Sacramento television station Fox 40 KTXL with threats to kill four employees. The letter stated in part, “Allah has commanded me to burn down the news station with fire and murder anyone who comes out with a gun … This is a threat and a promise.”
According to the indictment, On March 14, 2019, Owens mailed a letter to an elected official in Sacramento. It stated, “I knew you was going to not charge those corrupt racist cops. You have failed this city and the people. So I am making a threat on your life, I will assassinate you with a bullet to your head, you will not survive I will watch your body shake as the life in you leaves.”
In addition, the indictment charges Owens with sending two letters containing white powder under circumstances where the recipient may have reasonably believed that the letters contained a biological agent or toxin for use as a weapon. The letter to the church in Texas contained white powder and the other letter containing white powder was sent to the Sacramento County Department of Revenue Recovery. Owens allegedly sent the hoax letters using the identities of other persons, an action which would constitute aggravated identity theft.
This case is the product of an investigation by the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the City of Sacramento Police Department. Assistant U.S. Attorney Shea J. Kenny is prosecuting the case.
Owens is in custody after being arrested in Tulsa, Oklahoma on March 22, 2019. He is awaiting transfer to the Eastern District of California.
If convicted, Owens faces a maximum statutory penalty of five years in prison for each of the threat and hoax counts, and a mandatory statutory penalty of two years in prison for each aggravated identity theft count, 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.
Stockton Man Pleads Guilty to Unemployment Benefits Fraud and Identity TheftRead the Press Release
SACRAMENTO, Calif. — John Michael “Mike” Herron II, 36, of Stockton, pleaded guilty today to mail fraud and aggravated identify theft in connection with an unemployment benefits fraud and identity theft scheme, U.S. Attorney McGregor W. Scott announced.
According to court documents, from at least December 2014 through January 2018, Herron participated in a scheme to defraud the State of California Employment Development Department (EDD) by filing fraudulent claims for unemployment insurance benefits. In furtherance of this scheme, Herron and his co-defendant, Robert Maher, formerly of Stockton, created fictitious companies and fictitious employees (by using the real identities of persons with and without their knowledge), and filed claims with EDD, falsely stating that the employees had been laid-off or fired. The unemployment benefits were deposited onto debit cards that were mailed to addresses controlled by Herron, Maher, or their associates. In at least one instance, ATM cameras captured Herron withdrawing unemployment benefit funds using a debit card registered to an identity theft victim. Herron was connected to approximately $578,185 in fraudulent claims to EDD, of which approximately $485,685 was paid out by EDD.
This case is the product of an investigation by the U.S. Department of Labor Office of Inspector General, the Federal Bureau of Investigation, and the California Employment Development Department’s Investigation Division. Assistant U.S. Attorneys Amy Schuller Hitchcock and Shelley D. Weger are prosecuting the case.
The charges against Maher are pending. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Herron is scheduled to be sentenced by U.S. District Judge John A. Mendez on July 2. Herron faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for the mail fraud count, and a mandatory two-year consecutive sentence and $250,000 fine for the aggravated identity theft 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.
Sacramento Man Arrested in Oklahoma for Mailing Interstate Threats, Some Containing White PowderRead the Press Release
SACRAMENTO, Calif. — Darnell Ray Owens, 32, of Sacramento, was arrested March 22 in Tulsa, Oklahoma, after being charged in Sacramento with mailing threatening communications and a hoax involving biological weapons, U.S. Attorney McGregor W. Scott announced.
According to the criminal complaint, between February 2018 and March 2019, Owens allegedly sent approximately 50 letters and online complaints to law enforcement agencies, individuals and organizations, in which he made threats to kill police officers, other government officials, homosexuals, and “white people.” He used return addresses of people he knew with the apparent purpose of having others blamed for sending the letters. Owens allegedly mailed no less than two letters containing a white powder, intending that the recipients would believe the powder to be a biological weapon. The majority of the letters were sent via the U.S. Postal Service and were postmarked from Sacramento.
According to the criminal complaint, in July 2018, one of the letters containing white powder was sent to a church in Dallas, Texas with a threat to assassinate the pastor. On August 3, 2018, the Sacramento County Department of Revenue Recovery received a letter containing white powder, and the letter threatened to burn down the department and kill “a lot of people.” On October 24, 2018, a television news station, KTXL Fox40 received a letter threatening to kill certain employees at the station. The last letter Owens allegedly sent was to the Sacramento County District Attorney, threatening her life.
This case is the product of an ongoing investigation by the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the City of Sacramento Police Department. Assistant U.S. Attorney Shea J. Kenny is prosecuting the case.
If convicted, Owens faces a maximum statutory penalty of five years in prison 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.
Shasta County Man Sentenced to 40 Years in Prison for Child Pornography OffensesRead the Press Release
SACRAMENTO, Calif. — On Friday, U.S. District Judge Garland E. Burrell Jr. sentenced James Jay Hitt, 51, of Anderson, to 40 years in prison for distribution and receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to evidence presented at trial, Hitt interacted with a 12-person network of child pornographers, managed a blog where he posted child pornography, and messaged people through a Russian website that served as a platform for child pornographers to trade and discuss child pornography. Based on a lead from the FBI in Ohio, investigators in California searched Hitt’s house on January 4, 2013. When they entered his house to conduct the search, he brandished a knife at them. They found over 4,000 images and dozens of videos of child pornography on a desktop computer, an 80 gigabyte internal hard drive, and several CDs. Hitt has been in custody since June 15, 2015. Hitt had a prior conviction for a crime relating to sexual abuse that enhanced his sentence.
This case was the product of an investigation by the Federal Bureau of Investigation, the Anderson Police Department, and the California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Roger Yang and Michael M. Beckwith 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.
Former Oroville Resident Sentenced to Home Detention for Making a False Bomb ThreatRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Troy L. Nunley sentenced Kao Xiong, 34, of Saint Paul, Minnesota, today to time served plus five months of home detention and three years of supervised release for making a false bomb threat, U.S. Attorney McGregor W. Scott said today.
According to court documents, in August 2017, while Xiong was living in Oroville, Xiong mailed a letter to a company in Sunnyvale, informing the company that Xiong and others were going to bomb the location. The bomb threat was reported to the Sunnyvale Police Department who responded to the scene to investigate, and ultimately reported the incident to the FBI. The letter was identified as one of approximately 150 letters Xiong mailed between January and December 2017, containing false information about bombings and assassinations. Although the U.S. Postal Service intercepted many of the letters, others were delivered to the intended recipients who were located across the United States, including FBI offices, an airport, a mall, and the current and former presidents of the United States.
Xiong was arrested on December 22, 2017, and remained in custody until May 23, 2018, which is approximately 153 days. Xiong pleaded guilty on January 3, 2019.
This case was the product of an investigation by the Federal Bureau of Investigation, the U.S. Secret Service, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Shelley D. Weger prosecuted the case.
Department of Homeland Security’s Nonprofit Security Grant Program Funds Training and Security EnhancementsRead the Press Release
SACRAMENTO, Calif. — In the aftermath of the deadly shooting that occurred in New Zealand, U.S. Attorney McGregor W. Scott recommends continued training and preparation for active shooter incidents to ensure the safety of all communities.
Following the shooting at the Tree of Life Synagogue in Pennsylvania last October, the U.S. Attorney’s Office for the Eastern District of California brought together faith leaders to discuss strategies and to provide training to deal with active shooter incidents in houses of worship. In an ongoing effort to keep our community safe, the Department of Homeland Security provides practical assistance to high risk groups.
The Department of Homeland Security’s Nonprofit Security Grant Program (NSGP) competitively awards grant funding to assist nonprofit organizations that are considered to be at high risk of terrorist attack and located within a designated urban area. NSGP provides up to $75,000 to nonprofit organizations for training and physical security enhancements, including fencing, surveillance systems, security systems, and lighting. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as well as state and local government agencies.
The grant program is administered by the California Office of Emergency Services (Cal OES) Infrastructure Grants Unit, which administers the program for the Department of Homeland Security. The Department of Justice does not administer the grant program.
In preparation for the release of the Notice of Funding Opportunity, Cal OES will be conducting a webinar on Tuesday, April 2 to explain the NSGP requirements and assist nonprofit organizations with the application process. . Please see the attachment for further details.
DHS has indicated that there will be $60 million in grants available nationwide for nonprofit 501(c)(3) tax-exempt groups.
Jury Convicts Roseville Man of 3 Counts of Wire Fraud in Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — After a seven–day trial, a federal jury found Erik Hermann Green, 37, of Roseville, guilty on Tuesday of three counts of wire fraud in a mortgage fraud scheme, U.S. Attorney McGregor W. Scott announced.
According to evidence presented at trial, Green was part of a large-scale mortgage fraud scheme to defraud the New Century Mortgage Company by submitting false documentation about employment, income and assets, including fraudulent loan applications and other altered bank documents. Around October 2006, when Green submitted his fraudulent loan applications to obtain a loan for $820,000, he was a licensed real estate sales person and managed approximately 15 loan officers. As part of the scheme, Green received a check for $100,000 that was funneled through a shell company at the close of escrow. Green used the funds for personal expenses.
This case is the product of an investigation by the IRS Criminal Investigation and the Alameda County District Attorney’s Office. Assistant U.S. Attorneys Michael D. Anderson and Miriam R. Hinman are prosecuting the case.
Co-defendants Stephen Pirt and Janis Pirt previously pleaded guilty to wire fraud. Stephen Pirt was sentenced in 2015 to 25 months in prison and in 2014, Janis Pirt was sentenced to five years of probation with a year of home detention.
Green is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on June 13. Green faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for each count of conviction. 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.
U.S. Air Force Member Charged with Producing and Receiving Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an eight-count indictment Thursday against Bryce Carter Studebaker, 22, currently stationed at Beal Air Force Base, charging him with four counts of producing and attempting to produce child pornography and four counts of receiving child pornography, U.S. Attorney McGregor W. Scott announced. Studebaker was arrested this morning.
According to court documents, Studebaker produced and received sexually explicit images of a minor on four occasions between December 31, 2017, and March 30, 2018.
This case is the product of an investigation by the U.S. Air Force Office of Special Investigations. Assistant U.S. Attorney André M. Espinosa is prosecuting the case.
If convicted, Studebaker faces a maximum statutory penalty of 30 years in prison for each count of producing and attempting to produce child pornography, a maximum statutory penalty of 20 years in prison for each count of receiving child pornography, and a $250,000 fine on all counts. 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 Stockton Couple Convicted of Human Trafficking Charges Related to Forced Labor of Foreign NationalsRead the Press Release
SACRAMENTO, Calif. — After an 11-day trial, a federal jury found Satish Kartan, 45, and his wife, Sharmistha Barai, 40, guilty on March 14 of conspiracy to obtain forced labor and two counts of obtaining forced labor. In addition, Kartan was found guilty of fraud in foreign labor contracting. Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division, U.S. Attorney McGregor W. Scott, Matthew Perlman, Special Agent in Charge of the of the Diplomatic Security Service San Francisco Field Office, Sean Ragan, Special Agent in Charge of the Sacramento FBI Field Office, and Ryan L. Spradlin, the Special Agent in Charge for Homeland Security Investigations in Northern California made the announcement.
“Human trafficking is a disgraceful and unacceptable crime. The defendants in this case took advantage of overseas workers, forcing them to work without pay, physically abusing them, and threatening negative repercussions if they tried to leave,” said Assistant Attorney General Eric Dreiband. "The Justice Department will continue to investigate and vigorously prosecute human traffickers in order to bring justice to victims.”
“These defendants exploited one victim after another, using them to labor in their home, failing to pay wages and depriving them of basic human rights,” said U.S. Attorney Scott. “The U.S. Attorney’s Office continues its commitment to protect and defend vulnerable members of our society from human trafficking.”
“The Diplomatic Security Service will continue to pursue those who abuse domestic worker visas to manipulate and exploit their employees for personal gain," said Matthew Perlman, Special Agent in Charge of the of the Diplomatic Security Service San Francisco Field Office. "DSS’s strong relationship with our law enforcement partners and the U.S. Attorney’s Office for the Eastern District of California continues to be essential in the pursuit of justice.”
“Kartan and Barai did not simply fail to pay victims for their work,” said Sean Ragan, Special Agent in Charge of the Sacramento FBI Field Office. “They deprived them of their dignity and robbed them of their federally protected civil rights. The FBI will work with partner agencies to protect victims of human trafficking wherever that crime occurs.”
“Millions of people worldwide are affected by this type of forced labor and human trafficking,” said Ryan L. Spradlin, the Special Agent in Charge for Homeland Security Investigations in Northern California. “This case is a testament of the dedication of HSI and our law enforcement partners. We are committed to working together to eradicate these deplorable crimes from our community.”
According to court documents and evidence presented at trial, between February 2014 and October 2016, Kartan and Barai hired workers from overseas to perform domestic labor in their home in Stockton. In advertisements seeking workers on the internet and India-based newspapers, the defendants made false claims regarding the wages and the duties of employment. Then, once the workers arrived at the defendants’ Stockton residence, Kartan and Barai forced them to work 18 hours a day with limited rest and nourishment. Few of them were paid any wage. The defendants kept their domestic workers from leaving and induced them to keep working for them by threatening them, by creating an atmosphere of fear, control, and disempowerment, and at times by physically hitting or burning them. When a victim pushed back or said she wanted to leave, it got worse.
Victims flew from India and Nepal to testify. According to evidence presented at trial, the defendants struck one worker on multiple occasions. Barai threatened to kill her and throw her bones in the garbage, backhanded her across the face for talking back, and slammed her hands down on a gas stove, causing her to suffer first and second degree burns on her hands from the flames. The defendants also threatened several other victims to coerce them to keep working, including by telling the victims they would report them to police or immigration authorities if they tried to leave. Throughout the victims’ time in the defendants’ home, they were deprived of sleep and food. The defendants subjected the victims to verbal abuse and harassment in an effort to intimidate them into continuing to provide labor and services.
Kartan and Barai are scheduled to be sentenced on June 6. Each defendant faces a maximum statutory penalty of 20 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 the product of an investigation by Homeland Security Investigations (HSI), the FBI, and the State Department’s Diplomatic Security Service. The Stockton Police Department provided the initial investigation and later assistance with victim services. Assistant U.S. Attorneys Jason Hitt and Katherine Lydon are prosecuting the case with the assistance of the Civil Rights Division’s Human Trafficking Prosecution Unit.
The Eastern District of California (Sacramento) is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team, through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
Former Stockton Couple Convicted of Human Trafficking Charges Related to Forced Labor of Foreign NationalsRead the Press Release
After an 11-day trial, a federal jury found Satish Kartan, 45, and his wife, Sharmistha Barai, 40, guilty on March 14 of conspiracy to obtain forced labor and two counts of obtaining forced labor. In addition, Kartan was found guilty of fraud in foreign labor contracting. Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division, U.S. Attorney McGregor W. Scott, Matthew Perlman, Special Agent in Charge of the of the Diplomatic Security Service San Francisco Field Office, Sean Ragan, Special Agent in Charge of the Sacramento FBI Field Office, and Ryan L. Spradlin, the Special Agent in Charge for Homeland Security Investigations in Northern California made the announcement.
“Human trafficking is a disgraceful and unacceptable crime. The defendants in this case took advantage of overseas workers, forcing them to work without pay, physically abusing them, and threatening negative repercussions if they tried to leave,” said Assistant Attorney General Eric Dreiband. “The Justice Department will continue to investigate and vigorously prosecute human traffickers in order to bring justice to victims.”
“These defendants exploited one victim after another, using them to labor in their home, failing to pay wages and depriving them of basic human rights,” said U.S. Attorney Scott. “The U.S. Attorney’s Office continues its commitment to protect and defend vulnerable members of our society from human trafficking.”
“The Diplomatic Security Service will continue to pursue those who abuse domestic worker visas to manipulate and exploit their employees for personal gain," said Matthew Perlman, Special Agent in Charge of the of the Diplomatic Security Service San Francisco Field Office. "DSS’s strong relationship with our law enforcement partners and the U.S. Attorney’s Office for the Eastern District of California continues to be essential in the pursuit of justice.”
“Kartan and Barai did not simply fail to pay victims for their work,” said Sean Ragan, Special Agent in Charge of the Sacramento FBI Field Office. “They deprived them of their dignity and robbed them of their federally-protected civil rights. The FBI will work with partner agencies to protect victims of human trafficking wherever that crime occurs.”
“Millions of people world-wide are affected by this type of forced labor and human trafficking,” said Ryan L. Spradlin, the Special Agent in Charge for Homeland Security Investigations in Northern California. “This case is a testament of the dedication of HSI and our law enforcement partners. We are committed to working together to eradicate these deplorable crimes from our community.”
According to court documents and evidence presented at trial, between February 2014 and October 2016, Kartan and Barai hired workers from overseas to perform domestic labor in their home in Stockton. In advertisements seeking workers on the internet and India-based newspapers, the defendants made false claims regarding the wages and the duties of employment. Then, once the workers arrived at the defendants’ Stockton residence, Kartan and Barai forced them to work 18 hours a day with limited rest and nourishment. Few of them were paid any wage. The defendants kept their domestic workers from leaving, and induced them to keep working for them, by threatening them, by creating an atmosphere of fear, control, and disempowerment, and at times by physically hitting or burning them. When a victim pushed back or said she wanted to leave, it got worse.
Victims flew from India and Nepal to testify. According to evidence presented at trial, the defendants struck one worker on multiple occasions. Barai threatened to kill her and throw her bones in the garbage, backhanded her across the face for talking back, and slammed her hands down on a gas stove, causing her to suffer first and second degree burns on her hands from the flames. The defendants also threatened several other victims to coerce them to keep working, including by telling the victims they would report them to police or immigration authorities if they tried to leave. Throughout the victims’ time in the defendants’ home, they were deprived of sleep and food. The defendants subjected the victims to verbal abuse and harassment in an effort to intimidate them into continuing to provide labor and services.
Kartan and Barai are scheduled to be sentenced on June 6. Each defendant faces a maximum statutory penalty of 20 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 the product of an investigation by Homeland Security Investigations (HSI), the FBI, and the State Department’s Diplomatic Security Service. The Stockton Police Department provided valuable initial investigation and later assistance with victim services. Assistant U.S. Attorneys Jason Hitt and Katherine Lydon are prosecuting the case with the assistance of the Civil Rights Division’s Human Trafficking Prosecution Unit.
The Eastern District of California (Sacramento) is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team, through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
Two Indicted in 45-Pound Methamphetamine Deal in Fresno CountyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment Thursday against Los Angeles residents Josue Garcia-Beltran, 40, and Rafael Medina Labrada, 34, charging them with conspiracy to distribute and possession with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, on February 25, 2019, the defendants were arrested delivering methamphetamine to an undercover officer in Fresno. Forty-five pounds of methamphetamine were seized during the operation.
This case is the product of an investigation by the Fresno High Impact Investigation Team (HIIT), composed of law enforcement personnel from Homeland Security Investigations, the California Department of Justice, the Fresno Police Department, the California Highway Patrol, the Tulare County Sheriff’s Office, the Kings County Sheriff’s Office, and the Fresno County Sheriff’s Office. HIIT conducts major narcotic and other major criminal investigations in the Central Valley. Assistant U.S. Attorney Katherine Schuh is prosecuting the case.
If convicted, Garcia-Beltran and Labrada 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.
Shasta County Man Pleads Guilty to Aggravated Identity Theft Committed as Part of a Mail Theft and Bank Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — William Lee Ashley, 37, of Anderson, pleaded guilty today to aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, between December 2017 and March 2018, Ashley committed a scheme to steal identities and defraud banks. During this scheme, Ashley broke into residential mailboxes throughout Northern California and stole U.S. mail containing bankcards, personal and business checks, and personally identifiable information of mail-theft victims. He then fraudulently activated and used bankcards to withdraw cash at ATMs and make purchases at retail establishments. Ashley also forged and altered stolen checks and deposited them into bank accounts under his control. On March 9, 2018, when he was arrested in Anderson, he possessed stolen mail and a U.S. Postal Service lock that he intended to use to facilitate this scheme.
This case is the product of an investigation by the U.S. Postal Inspection Service and the Anderson Police Department. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
Ashley is scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on June 13, 2019. Ashley faces a mandatory statutory term of two years in prison for aggravated identity theft and a fine up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Inmate Sentenced to 6 Years in Prison for Making Threats to Harm Federal JudgeRead the Press Release
FRESNO, Calif. — U.S. District Judge Lawrence J. O’Neill sentenced Craig Shults, 52, of Huntington Beach, today to six years in prison for threatening to harm a federal judge, U.S. Attorney McGregor W. Scott announced.
Shults was convicted of this offense following a December 2018 jury trial.
According to court documents and evidence at trial, in 2016 at a federal prison in Taft, California, Shults, then an inmate, made threats to assault a federal judge with the intent to retaliate against the judge for presiding over a prior criminal case involving Shults. He made the threatening communications in retaliation for, among other reasons, being remanded to custody following a bond violation hearing, and being sentenced to a substantially longer prison sentence than Shults requested. Some of Shults’s threats were captured on a recording device and presented at trial.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Angela L. Scott and Henry Z. Carbajal prosecuted the case.
Fair Oaks Man Sentenced to 4 years in Prison for Conspiring to Sell Stolen Credit Card Information and Identity TheftRead the Press Release
SACRAMENTO, Calif. — Mkrtych “Mike” Sargsyan, 55, of Fair Oaks, was sentenced today by Senior U.S. District Judge William B. Shubb to four years in prison for conspiring to sell stolen credit card information and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, between September 2015 and April 2016, Sargsyan and others agreed to obtain and sell stolen credit card information. On three occasions, Sargsyan traveled to Southern California to obtain electronic storage devices containing stolen credit card numbers and corresponding account holder information. Sargsyan then delivered that information to a buyer in Southern California and Rancho Cordova. During the course of the conspiracy, Sargsyan and his co-conspirators obtained information related to 587 credit card accounts.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Brian A. Fogerty prosecuted the case.
Former El Dorado County Gymnastics Coach Charged with Attempting to Produce Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today against Keith Willette, 56, of Cameron Park, charging him with attempted production of child pornography, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney McGregor W. Scott announced.
According to court documents, between May 2000 and April 2002, Willette attempted to produce child pornography of a juvenile victim.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Rosanne L. Rust and Trial Attorney Jessica Urban with the Child Exploitation and Obscenity Section of the Department of Justice, Criminal Division, are prosecuting the case.
If convicted, Willette 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 charge is only an allegation; 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.
Five Tulare Residents Charged in Superseding Indictment with Possessing and Selling False Identification DocumentsRead the Press Release
FRESNO, Calif. — A federal grand jury returned a 10-count superseding indictment today for a case involving the production and sale of false Social Security cards and green cards first charged in August 2018, U.S. Attorney McGregor W. Scott announced.
Today’s superseding indictment adds three counts and a fifth defendant. Tulare residents Elfego Alcala, 46; Aida Corona, 37; Tamilene Cisneros, 48; Lupita Cisneros; and the fifth defendant, Maria Elena Soriano-Salinas, 57, are charged with conspiring to produce false identification documents, the production and sale of false identification documents, and fraud and misuse of visas and related documents.
According to court documents, in March, May, and August of 2018, the defendants engaged in transactions in which they manufactured and sold false identification documents to buyers. These documents included Social Security cards and green cards.
This case is the product of an investigation by Homeland Security Investigations. Assistant U.S. Attorney Laura D. Withers is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Stockton Woman Pleads Guilty to Two Separate Fraud ConspiraciesRead the Press Release
SACRAMENTO, Calif. — Kioni M. Dogan, 38, of Stockton, pleaded guilty Tuesday to separate criminal conspiracies to submit false claims for federal income tax refunds and to commit mail fraud in connection with California state unemployment insurance benefits, U.S. Attorney McGregor W. Scott announced.
According to court documents, Dogan and her co-conspirators together illegally sought over $2 million from the California and federal governments with these schemes.
In the tax case, Dogan conspired with her co-defendant Antonia Brasley and others to submit false tax returns to the IRS by obtaining personal identifying information from family, friends, and others, and then submitting returns seeking refunds to which the people listed on the returns were not entitled. To pursue the refunds, false statements were placed on the returns regarding income, withholding from income, and gambling losses, with fraudulent supporting tax forms. From May 2011 through April 2012, Dogan and her co-conspirators sought over $940,000 in fraudulent tax refunds, of which approximately $708,188 were paid out by the IRS.
In the unemployment insurance case, from 2010 through 2015, Dogan and her co‑conspirators operated a “fictitious employer” scheme. Dogan created an employer with the California Employment Development Department (EDD) that was fictitious and did not conduct any business. Dogan then caused the submission of information to the EDD falsely indicating that various persons were employed by the fictitious entity. Dogan subsequently filed unemployment claims in the names of the fake employees. Co-defendants Gloria Harris and Lavonda Bailey are among the individuals alleged to have collected the fraudulent benefits, both in their own names and in the names of other fake employees. Dogan was connected to approximately $1.3 million in fraudulent claims to EDD, of which approximately $972,319 were paid out by EDD.
The unemployment fraud case is the product of an investigation by the U.S. Department of Labor, the California Employment Development Department, and the U.S. Postal Inspection Service. The tax fraud case was the product of an investigation by IRS Criminal Investigation. Assistant U.S. Attorney Christopher S. Hales is prosecuting both cases.
The charges against co-defendants Brasley, Harris, and Bailey remain pending. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Dogan is scheduled to be sentenced by U.S. District Judge John A. Mendez on June 11, 2019. Dogan faces a maximum statutory penalty of 10 years in prison for conspiracy to submit false claims, and 20 years in prison for conspiracy to commit mail fraud, as well as a $250,000 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.
Statement Following the Completion of State and Local InvestigationsRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney McGregor W. Scott and Special Agent in Charge Sean Ragan of the FBI’s Sacramento Field Office today issued the following statement:
“Now that both state and local authorities have completed their investigations into the shooting of Stephon Clark, the U.S. Attorney’s Office and the FBI, in conjunction with the Civil Rights Division of the U.S. Department of Justice, will examine whether the shooting involved violations of Mr. Clark’s federal civil rights. That examination will involve a review of the substance and results of the state and local investigations, and any additional investigative steps, if warranted.”
Kings County Woman Sentenced to 10 Years in Prison for Distributing MethamphetamineRead the Press Release
FRESNO, Calif. — Nancy Lopez Perez, 44, of Lemoore, was sentenced today to 10 years in prison for distributing methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, Perez obtained and delivered methamphetamine and two assault rifles during an undercover transaction on the side of the road in rural Fresno County. Three additional firearms were seized from Perez’s residence during a follow-up search. As a convicted felon, Perez was prohibited from possessing firearms.
This case was the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Kings County Narcotic Task Force. 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. Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Los Angeles Man Sentenced to Prison for Conspiring to Obtain Fraudulent Commercial Driver's LicenseRead the Press Release
SACRAMENTO, Calif. — Rahim Mahboob, 67, of Los Angeles, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to two years and three months in prison and a $58,500 fine for conspiring to commit bribery, identity fraud, and unauthorized access to a computer, and a separate count of identity fraud, U.S. Attorney McGregor W. Scott announced.
According to court documents, Mahboob conspired with former DMV employee and co‑defendant, Lisa Terraciano, to pay her money to alter DMV records that caused commercial driving permits to be issued for Mahboob’s clients. Mahboob was responsible for the issuance or attempted issuance of no less than 39 fraudulent commercial licenses, including permits, for which he paid Terraciano.
This case was a part of a series of ongoing investigations by the California Department of Motor Vehicles, Office of Internal Affairs, the Federal Bureau of Investigation, Homeland Security Investigations, and the Department of Transportation, Office of Inspector General. Assistant U.S. Attorney Rosanne L. Rust prosecuting the cases.
Mahboob was ordered to self-surrender to begin serving his sentence on June 3, 2019.
Stockton Man Indicted for Illegal Firearms PossessionRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today against Joseph Flowers, 29, of Stockton, charging him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on January 16, 2019, Flowers was found in possession of a Pietro Beretta model 92F semi-automatic pistol. Flowers has three prior felony convictions, making it illegal for him to possess a firearm.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Stockton Police Department. Assistant U.S. Attorney David Spencer is prosecuting the case.
If convicted, Flowers 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.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Two Sentenced for Identity and Mail Theft in Sacramento, San Joaquin, and Stanislaus CountiesRead the Press Release
SACRAMENTO, Calif. — Derek Hillgert, 29, of Carmichael, and Jeffrey Wilhite, 31, of Linden, were each sentenced Monday to five years in prison for committing access device fraud, aggravated identity theft, and possession of stolen mail, U.S. Attorney McGregor W. Scott announced.
According to court documents, Hillgert and Wilhite worked together to steal U.S. mail and conduct transactions with stolen identities. On the day of their arrests, they possessed over 200 pieces of stolen mail addressed to over 100 victims. With Wilhite’s assistance, Hillgert used a stolen identity to purchase a van at a dealership in Modesto. Hillgert presented a fraudulent driver’s license in the other person’s name but with Hillgert’s photograph, and he obtained a loan in the other person’s name for over $39,000. Wilhite opened a Target debit card account using a second stolen identity, and the defendants made more than $3,000 in purchases with it.
This case was the product of an investigation by the U.S. Postal Inspection Service with assistance from the Tracy Police Department. Assistant U.S. Attorney Miriam R. Hinman prosecuted the case.
South Lake Tahoe Man Sentenced to Prison for Destruction of Archaeological SitesRead the Press Release
SACRAMENTO, Calif. — Timothy Brian Harrison, 50, of South Lake Tahoe, was sentenced today by United States District Judge John A. Mendez to one year and one day in prison and ordered to pay $113,000 in restitution for two counts of excavation and removal of archaeological resources from public lands and one misdemeanor count of unlawful possession of methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, Harrison conducted illegal digging at prehistoric Native American archaeological sites on federal lands in Alpine and El Dorado Counties, near Lake Tahoe. He collected tens of thousands of ancient artifacts from multiple archaeological sites, and virtually destroyed two very significant archaeological sites. Archaeologists explained that Harrison’s conduct led to the irreplaceable loss of unique historical information. Archaeologists learn the cultural history of the prior inhabitants from artifacts left behind by the inhabitants by carefully documenting where the artifacts are found, and looting of the artifacts destroys that context.
Representatives of the Washoe Tribe of California and Nevada spoke about the impact on the tribe from this destruction of sites. They explained that Harrison’s digging erased their past and interfered with the tribe’s ability to teach younger generations about their history and culture.
This case was the product of an investigation by the U.S. Forest Service, the Bureau of Land Management, the National Park Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, California State Fish & Wildlife Service, California Highway Patrol, and Alpine County Sheriff’s Department. Assistant U.S. Attorneys Samuel Wong, Christopher S. Hales, and Miriam R. Hinman prosecuted the case.
Harrison is out of custody and was ordered to self-surrender to begin serving his sentence on April 23, 2019.
Sacramento Man Pleads Guilty to Selling Unapproved Drugs on the InternetRead the Press Release
SACRAMENTO, Calif. — Scott Edward Cavell, 35, of Sacramento, pleaded guilty today to one count of causing misbranded drugs to be introduced into interstate commerce, U.S. Attorney McGregor W. Scott announced.
According to court documents, between 2015 and 2017, Cavell, with others, developed a scheme to market and sell a drug, 2,4-Dinitrophenol (also known as DNP), as a weight loss drug and “fat burner” despite knowing that DNP is unapproved by the FDA as a substance for human consumption. Cavell sold DNP in pill form and called it a fertilizer — a term under which is it legally sold in other circumstances.
DNP has been commercially used to manufacture dyes and wood preservatives, as a fertilizer, and as a pesticide. The U.S. Food and Drug Administration has declared that DNP is too toxic to be used for human consumption under any circumstances.
This case is the product of an investigation by the U.S. Food and Drug Administration Office of Criminal Investigations, Drug Enforcement Administration, Homeland Security Investigations, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Paul Hemesath is prosecuting the case.
Cavell is scheduled to be sentenced on June 4, 2019, by U.S. District Judge John A. Mendez. Cavell faces a maximum statutory penalty of three years in prison and a $10,000 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.
Los Angeles Man Found Guilty on All Counts in Nationwide Credit Card Fraud Scheme with Links to Sacramento and MoscowRead the Press Release
SACRAMENTO, Calif. — After a four-day trial, a jury found Ruslan Kirilyuk, 41, of Beverly Hills, guilty on Tuesday of 24 counts of wire fraud, two counts of mail fraud, and one count each of aggravated identity theft and failure to appear, all arising out of his involvement in a nationwide credit card fraud scheme, U.S. Attorney McGregor W. Scott announced.
According to evidence presented at trial, between approximately October 5, 2011, and March 5, 2014, Kirilyuk conspired with Mihran Melkonyan, 38, of Sacramento; Rouslan Akhmerov, 42, of Studio City; Alexandr Maslov, 38, of Sacramento, and others in a credit card billing scheme that involved creating approximately 71 fraudulent online companies established with the sole purpose of fraudulently charging approximately 119,000 stolen credit card numbers. In total, the members of the scheme billed the stolen credit card numbers for over $3.4 million in unauthorized charges.
As established at trial, to create the fraudulent companies, the members of the scheme obtained over 200 stolen report cards from the San Juan Unified School District in Sacramento. Those report cards had students’ personal identifying information on them such as names and social security numbers. Using that information, Kirilyuk and his associates created fraudulent companies with names designed to sound like real companies, such as “CVS Store,” “Walt Mart,” and “Chevran.”
Working with a hacker based in Moscow, they used those fraudulent companies to charge stolen American Express credit card account numbers. In order to transfer the stolen money, they used shell bank accounts held in the names of individuals whose identities had been stolen and former Russian J-1 visa holders. According to court documents, Kirilyuk has a history of corporate cyberintrusion dating back to at least 2003.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Michael D. Anderson and Matthew M. Yelovich are prosecuting the case.
Kirilyuk is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on May 17, 2019. Kirilyuk faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for each wire and mail fraud count, a mandatory two-year consecutive sentence for the aggravated identity theft count, and up to 10 years in prison and a $250,000 fine for the failure to appear charge. 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.
In an earlier trial, on February 15, 2017, Melkonyan was found guilty of all 24 counts of wire fraud and two counts of mail fraud charged against him related to the scheme. He was sentenced on January 4, 2019, to 19 years and two months in prison.
On December 15, 2014, Akhmerov pleaded guilty to one count of access device fraud for his participation in the scheme. He is set to be sentenced on March 29, 2019.
Maslov failed to appear at an earlier court appearance and a bench warrant has been issued for his arrest. Anyone with information about his whereabouts should contact the Federal Bureau of Investigation at (916) 746-7000. The charges against him are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Arrested in Granite Bay, Contra Costa County Woman Pleads Guilty in Northern California Mail Theft SchemeRead the Press Release
SACRAMENTO, Calif. — Toni Tinay, 24, of Oakley, pleaded guilty today 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, Tinay participated in a scheme to defraud banks in which she and others used counterfeit U.S. Postal Service keys to break into residential mailboxes throughout the Eastern and Northern Districts of California. Tinay stole mail from mailboxes – which contained bankcards, personal and business checks, and government-issued IDs. Tinay then fraudulently activated and used the bankcards to withdraw cash at ATMs and make purchases at retail establishments. In one instance, on February 25, 2018, Tinay fraudulently used a stolen Comenity Bank-issued Victoria’s Secret credit card, to purchase $821.85 in goods at a Victoria’s Secret store in Fairfield. On August 29, 2018, when she was arrested in Granite Bay, she and her companions were found to be in possession of four U.S. Postal Service keys with the intention of using them to steal U.S. mail.
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.
Tinay is scheduled to be sentenced by U.S. District Judge John A. Mendez on June 4, 2019. Tinay faces a maximum statutory penalty of 30 years in prison and a $1 million fine for bank fraud. She faces a mandatory statutory term of two years in prison for aggravated identity theft and a fine up to $250,000, and 10 years in prison and a $250,000 fine for possession of reproduced U.S. Postal Service keys. 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.
Two Tulare County Men Sentenced for Series of Armed Robberies in Tulare and Kern CountiesRead the Press Release
FRESNO, Calif. — Today, U.S. District Judge Lawrence J. O’Neill sentenced Javier Beltran, 25, of Strathmore, to 23 years in prison for his conviction for two counts of use of a firearm during and in relation to a crime of violence, and he sentenced Ulises Medina, 25, of Earlimart, to 15 years in prison for his conviction for conspiracy to commit Hobbs Act robbery, U.S. Attorney McGregor W. Scott and Tulare County District Attorney Tim Ward announced.
U.S. Attorney Scott said, “Today’s sentences are the result of our commitment to work with our federal, state and local partners to identify and prosecute cases that will help to reduce violent crime in our communities. We are confident that these efforts will continue to reduce crime, save lives, and restore safety to our communities.”
District Attorney Ward stated: “When we began this relationship with U.S. Attorney Scott and his office, our intent was to make Tulare County a safer place. The resolution of this case is a direct and powerful example of why this relationship with our federal partners is important. Under current California law, the defendants in this case would have been eligible for youthful offender parole in California far earlier than when their federal sentences will end. We will stop at nothing to protect the communities we call home. To that end, I commend the work of the U.S. Attorney’s Office and local law enforcement, and I pledge our continued support of Project Safe Neighborhoods.”
According to court documents, Beltran and Medina conspired to commit a series of armed robberies of gas stations, convenience stores, and liquor stores. Beltran, Medina, and their associates committed at least seven armed robberies in Tulare and Kern Counties between May 2016 and January 2017. In February, Beltran, Medina, and their associates and their associates travelled to Nebraska, where they committed two more robberies. They then returned to California, where they committed three more armed robberies.
Beltran and Medina both admitted that they robbed Joe’s Westside in Porterville, California on January 18, 2017. Prior to the robbery, Beltran, Medina, and other conspirators stole a 2006 Chevrolet Trailblazer by pushing a hole in the driver’s side lock, cracking the steering shaft, and starting the vehicle without a key. They drove the vehicle to Joe’s Westside where they entered the store wearing masks and carrying guns.
Inside the store, Beltran, Medina, and another co-conspirator ordered the store clerk to the ground at gunpoint, forced the clerk to open the cash register, and stole over $8,000. Beltran, Medina, and their associates then fled in the stolen Chevrolet Trailblazer, which they abandoned approximately half a mile away with the engine still running.
Beltran also admitted that on July 22, 2017, he and other co-conspirators robbed Woodville Liquor in Woodville. Beltran and his associates stole a 2006 Chevrolet Silverado by cracking the steering shaft and starting the vehicle without a key, then drove it to Woodville Liquor. Beltran entered the store along with two other suspects, each carrying a firearm. They ordered the customers in the store to the ground at gunpoint and used zip ties to tie up one of the store employees. They then stole approximately $2,000 in cash, $4,000 in checks, bottles of whiskey, and cartons of cigarettes before fleeing in the stolen vehicle.
This case was the product of an investigation by the Federal Bureau of Investigation, Tulare County Sheriff’s Office, Porterville Police Department, Lindsay Police Department, Bakersfield Police Department, Fremont (Nebraska) Police Department, and Dodge County (Nebraska) Sheriff’s Office. Assistant U.S. Attorneys Ross Pearson and Kathleen Servatius prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Mexican National Sentenced for Toxic Marijuana Grow in Sequoia National ForestRead the Press Release
FRESNO, Calif. — Maximiliano Farias Martinez, 49, a Mexican national, was sentenced today to five years and 10 months in prison for conspiring to cultivate marijuana on public land, U.S. Attorney McGregor W. Scott announced.
According to court documents, Farias supervised Jose Manuel Sanchez Zapien, 39, of Dos Palos, who delivered supplies in Farias’ vehicle to growers at a marijuana cultivation site in the Sequoia National Forest. Law enforcement officers found approximately 20,952 marijuana plants at the site. The cultivation operation caused extensive environmental damage. Approximately three acres were stripped of vegetation and the ground was terraced to accommodate the marijuana plants. Large amounts of ammonium nitrate and other fertilizers were found at the site. Spectracide brand insecticide containers and trash were found scattered throughout the grow site. Farias was ordered to pay $8,664 in restitution to the Forest Service to cover the clean-up cost.
Sanchez pleaded guilty to the drug conspiracy and was sentenced to 10 years in prison and ordered to pay restitution to the Forest Service.
This case was the product of an investigation by the U.S. Forest Service with assistance from Homeland Security Investigations, Office of Inspector General of the Social Security Administration, Drug Enforcement Administration (DEA), California Department of Fish and Wildlife, and Merced Area Gang and Narcotics Enforcement Team (MAGNET). Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Bulldog Gang Member Sentenced to over 8 Years in Prison in Connection with Fresno ShootingRead the Press Release
FRESNO, Calif. — Alberto Perez, 31, of Fresno, was sentenced today by U.S. District Judge Lawrence J. O’Neill to eight years and four months in prison for being a felon in possession of a firearm and ammunition, U.S. Attorney McGregor W. Scott announced.
According to court documents, on June 26, 2017, while riding in a car in the area of Highway 99 and Ventura, Perez fired shots at a car, intending to hit an occupant inside the vehicle. Perez later discussed the shooting in a call with Carlos Montano, who is charged and has pleaded guilty to drug trafficking, firearms, and sex trafficking offenses in a related criminal case. Agents monitoring the intercepted communications were able to further connect Perez to the shooting using various investigative techniques. In September, 2017, investigators obtained a search warrant and found ammunition at Perez’s residence.
The charges are the product of an investigation by the DEA, FBI, HSI, ATF, the Fresno Police Department, the Fresno County Sheriff’s Office, and the Multi-Agency Gang Enforcement Consortium (MAGEC), with assistance from the California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Kimberly A. Sanchez and Jeffrey Spivak 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, 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.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Atwater Man Pleads Guilty to Offenses Related to the Sexual Exploitation of Children Through Social MediaRead the Press Release
FRESNO, Calif. — Nikko Adolfo Perez, 26, of Atwater, pleaded guilty today to the sexual exploitation of children, coercion and enticement of a minor, and receipt and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to a criminal complaint, Perez, using the Instagram screen name captainamerica272018, victimized two boys, ages 8 and 10, in Utah by coercing them to create and send him images of them engaged in sexually explicit conduct. Perez offered to pay the boys with Google Play credits if they engaged in requested sexual acts or poses, and when one of the victims said he would call 911, Perez threatened to disseminate the sexually explicit images of the victims. He also threatened to harm family members of the victims.
Perez admitted in a plea agreement that he also used Skype, Kik, Discord, Snapchat, and LiveMe to communicate with between 50 and 100 minors for the purpose of soliciting sexually explicit images of those minors. He admitted that he persuaded the victims to pose nude or engage in sexually explicit activities, sometimes with other minors. He admitted that he often paid victims to engage in this conduct, and he sent some of the material that he had requested to other people.
Perez is scheduled to be sentenced by Chief U.S. District Judge Lawrence J. O’Neill on May 20, 2019. Perez faces the following possible penalties: a mandatory minimum term of 15 years and a maximum of 30 years in prison for the sexual exploitation count; a mandatory minimum of 10 years to a maximum of life in prison for the coercion and enticement count; and a between 5 and 20 years in prison for the one count of receipt of child pornography. For all counts there is a potential $250,000 fine and a lifetime term of supervised release. 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 Salt Lake City Police Department and the Federal Bureau of Investigation offices in Salt Lake City, Utah and Fresno. Assistant U.S. Attorney David Gappa 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.
Yuba City Man Sentenced to 20 Years in Prison for Child Pornography OffenseRead the Press Release
SACRAMENTO, Calif. — Chad Carl Jaycox, 28, of Yuba City, was sentenced today to 20 years in prison to be followed by 25 years of supervised release for receiving images of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, Jaycox received the images between April 2011 and September 2013. Jaycox was convicted in 2010 of unlawful sex with a minor, and he was on probation for that offense when federal agents executed a search warrant at his residence in September 2013. Upon the discovery of child pornography, Jaycox was arrested by state law enforcement agents for a violation of his probation.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Matthew G. Morris 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.
Vallejo Couple Indicted for Manufacturing Methamphetamine Pills at Elder Care FacilityRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a seven-count indictment today against Henry Benson, 37, and Roselle Cipriano, 35, of Vallejo, charging them with conspiracy to distribute and manufacture methamphetamine, distribution of methamphetamine, possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime, U.S. Attorney McGregor W. Scott announced. Benson was also charged with being a felon in possession of a firearm.
According to court documents, Benson and Cipriano manufactured pills inside a building that also housed an eldercare facility that they owned and operated in Vallejo. They manufactured the pills in various colors and shapes, including the Kool-Aid smiling pitcher, a likeness of President Donald J. Trump’s face, the Tesla emblem, and minions. Although the pills were sold as MDMA, they were found to contain methamphetamine.
When the eldercare facility was searched on February 7, 2019, agents seized a pill press, 31 pounds of methamphetamine pills, 17 pounds of suspected methamphetamine, various other powders and manufacturing equipment, and a shotgun within three feet of the pills. A search warrant executed the next day at a storage facility rented by Benson and Cipriano turned up five additional pill presses, hazmat clothing, and additional powder suspected of containing narcotics.
This case is the product of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney Cameron L. Desmond is 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, 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.
Benson and Cipriano are in custody pending trial. If convicted, they each face 10 years to life in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Three Indicted for Firearms Offenses in Sacramento and Solano CountyRead 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 returned indictments today in the following cases involving illegal firearms offenses.
Jedidiah Nathaniel Smith, 40, of Fairfield, is charged with being a felon in possession of a firearm. According to court documents, on December 5, 2018, police officers stopped a car with an expired registration that Smith was traveling in. After their initial contact with Smith, they learned that he was carrying a loaded revolver in his waistband. Smith cannot lawfully possess firearms or ammunition because he has previously been convicted of a felony offense. This case is the product of an investigation by the Suisun City Police Department with assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office.
Jesus Aguilar Jr., 34, of Fairfield, is charged with being a felon in possession of a firearm. According to court documents, on November 19, 2018, police officers responded to emergency calls reporting that a man was trying to open motorists’ doors while the cars were stopped at an intersection. After the officers arrived on scene and tried to contact Aguilar, he discarded the handgun and was arrested moments later. Aguilar cannot lawfully possess firearms or ammunition because he has previously been convicted of a felony offense. This case is the product of an investigation by the Suisun City Police Department with assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office.
Nassir Michaels, 39, of Reno, Nevada, is charged with one count of unlawful dealing in firearms and two counts of being a felon in possession of a firearm. According to court documents, between September 16, 2018, and October 12, 2108, Michaels engaged in the business of dealing in firearms without having an appropriate license. The firearms involved in the charged transactions included three assault rifles, one of which was capable of accepting a high-capacity magazine. Michaels is prohibited from lawfully possessing a firearm because he has previously been convicted of a felony offense. This case is the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Federal Bureau of Investigation, Sacramento and Las Vegas Divisions, Sacramento Police Department, Sacramento County Sheriff's Department, California Department of Corrections and Rehabilitation's Special Services Unit (SSU) and the California Highway Patrol. Assistant U.S. Attorney Vincenza Rabenn is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty for the felon in possession of a firearm charge of 10 years in prison and a $250,000 fine. If convicted of the unlawful dealing in firearms charge, Michaels faces a maximum sentence of five 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.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Additional Charges Filed in Case of Seven Aliens Who Conspired to Harbor Newman Police Officer’s Alleged KillerRead the Press Release
FRESNO, Calif. — A federal grand jury returned a nine-count superseding indictment today against Erik Razo-Quiroz, 29, of Merced; Adrian Virgen-Mendoza, 25, of Fairfield; Conrado Virgen Mendoza, 34, of Chowchilla; Erasmo Villegas-Suarez, 36, of Buttonwillow; Ana Leydi Cervantes-Sanchez, 31, of Newman; Bernabe Madrigal-Castaneda, 59, of Lamont; and Maria Luisa Moreno, 57, of Lamont, adding six new charges relating to fraudulent identification documents to the previous charges of conspiring to harbor an alien and, as to Razo, being a felon and an alien in possession of a firearm.
U.S. Attorney McGregor W. Scott and Homeland Security Investigations Special Agent in Charge Ryan L. Spradlin made the announcement.
According to court documents, between December 26, 2018, and December 28, 2018, the defendants conspired to harbor and conceal Paulo Virgen Mendoza as he attempted to flee from California to Mexico to avoid prosecution for the murder of Newman Police Corporal Ronil Singh. It is alleged that in the early hours of December 26, 2018, Mendoza, an alien not lawfully present in the United States, shot and killed Corporal Singh. Thereafter, the seven defendants helped Mendoza hide from law enforcement, despite knowing that he had killed a police officer. The defendants transported, hosted, and provisioned Mendoza with clothes, money, and a new cellphone; concealed the truck that Mendoza was driving when he allegedly killed Corporal Singh; and made plans and wired money to smuggle Mendoza out of California and back to Mexico. Additionally, Razo, a convicted felon, disposed of the gun that Mendoza allegedly used. All of the defendants are aliens not lawfully present in the United States.
In the superseding indictment, Mendoza’s brothers, Conrado Virgen Mendoza and Adrian Virgen Mendoza, are also charged with using a false Social Security Number and possessing a false lawful permanent resident card in connection with securing employment. Another relative, Erasmo Villegas-Suarez, is also charged with using a false Social Security Number in connection with securing employment.
This case is the product of an investigation by Homeland Security Investigations (HSI) and the Stanislaus County Sheriff’s Office with assistance from the Immigration and Customs Enforcement’s Enforcement and Removal Operations, the Office of the Inspector General of the Social Security Administration, the Central Valley High Intensity Drug Trafficking Area (HIDTA) task force, the Southern Tri-County HIDTA, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the California Highway Patrol, the Kern, Merced, and Santa Cruz Counties Sheriff’s Offices, and the Police Departments of the cities of Merced, Turlock, Modesto, and Santa Cruz. Assistant U.S. Attorney Karen A. Escobar and Laura D. Withers are prosecuting the case.
The defendants are next scheduled to appear in federal court for a status conference on February 25. If convicted of the firearms offenses, Razo faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The charges of harboring conspiracy and misuse of a social security number carry a maximum statutory penalty of five years in prison and a $250,000 fine. Possession of false immigration documents carries a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Ceres Man Pleads Guilty to 15-Pound Methamphetamine Deal in Kern CountyRead the Press Release
FRESNO, Calif. — Jose Manuel Sotelo-Mendoza, 26, of Ceres, pleaded guilty today to conspiring to distribute and possess with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, Sotelo and his co-defendant Oscar Ivan Salazar-Avalos, 28, a citizen of Mexico, delivered 15 pounds of methamphetamine to an undercover officer in Delano after Salazar negotiated with the officer to sell the drug for $3,400 per pound. In pleading guilty, Salazar acknowledged that he and Sotelo had met his source of supply in Castaic in the northern part of Los Angeles County to obtain the 15 pounds of methamphetamine. In addition, Salazar indicated that they intended to make $51,000 on the deal.
Salazar is scheduled for sentencing on April 8, 2019, before U.S. District Judge Dale A. Drozd. Sotelo is scheduled for sentencing on May 13, 2019. They both face a minimum statutory penalty of 10 years in prison and a maximum statutory penalty of life in prison, along with a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Central Valley High Intensity Drug Trafficking Area Task Force, consisting of law enforcement officers of Homeland Security Investigations, California Highway Patrol, Bureau of Investigation of the California Department of Justice, Fresno Police Department, and Fresno County Sheriff’s Office. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Indiana Man Charged with Sexual Exploitation Involving a Minor from Madera CountyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a three-count indictment today against Scott Matthew Trischler, 24, of Ft. Wayne, Indiana, charging him with one count of sexual exploitation of a minor, one count of enticement of a minor, and one count of receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to a criminal complaint, Trischler developed a relationship with a minor in Madera County while playing an online game with her. Trischler then communicated with the minor through Kik Messenger, Skype, TextNow, and Google Hangouts. He convinced her to create and transmit to him images of herself engaging in sexually explicit conduct from approximately December 2017 through March 2018.
Trischler was arrested in Ft. Wayne, Indiana on February 5, 2019, and he has been ordered detained at least through his next court appearance there on March 5, 2019.
This case is the product of an investigation by the Fresno, California and Ft. Wayne, Indiana offices of the Federal Bureau of Investigation as well as the Madera County Sheriff’s Office. Assistant U.S. Attorney David Gappa is prosecuting the case.
If convicted, Trischler faces the following possible penalties: a mandatory minimum term of 15 years and a maximum of 30 years in prison for the sexual exploitation count; a mandatory minimum of 10 years to a maximum of life in prison for the enticement count; and a potential five to 20 years in prison for the one count of receipt of child pornography. For all counts there is a potential $250,000 fine and a lifetime term of supervised release. 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.
Sierra Pacific Mortgage Agrees to Pay $3.67 Million to Resolve False Claims Act Allegations Related to the FHA Loan ProgramRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney McGregor W. Scott announced today that Sierra Pacific Mortgage Company Inc. (SPM), a national mortgage lender headquartered in Folsom, has agreed to pay the United States $3,670,000 to resolve allegations that it violated the False Claims Act by falsely certifying compliance with Federal Housing Administration (FHA) mortgage insurance requirements in connection with certain loans.
During the time period covered by the settlement, SPM participated as a direct endorsement lender (DEL) in the U.S. Department of Housing and Urban Development’s FHA insurance program. A DEL has the authority to originate, underwrite, and endorse mortgages for FHA insurance. If a DEL approves a mortgage loan for FHA insurance and the loan later defaults, the holder of the loan may submit an insurance claim to HUD for the resulting losses. DELs are required to follow program rules designed to ensure they are properly underwriting and certifying mortgages for FHA insurance and to maintain a quality control program that can prevent and correct deficiencies in their underwriting practices.
The United States alleged that between April 2007 and June 2009, SPM knowingly submitted loans for FHA insurance that did not qualify. The United States further alleged that SPM failed to properly respond to internal warning signs that its loans were poorly underwritten and failed to properly implement a quality control program once it was aware of those warning signs.
The False Claims Act allows the government to recover damages and penalties for the presentation of false claims for payment to the United States. By improperly approving loans that did not qualify for FHA insurance, SPM caused the United States to pay insurance claims on those loans when they defaulted.
“When mortgage companies fail to follow lending standards, it harms both taxpayers and borrowers,” said U.S. Attorney Scott. “We will continue to work with HUD/FHA and our law our law enforcement partners to ensure the integrity of the FHA insurance program.”
“The wrongful actions of SPM were not minor mistakes or foot faults. There is no room at FHA for lenders who knowingly violate the trust placed in them as direct endorsement lenders,” HUD General Counsel Paul Compton said.
Assistant Special Agent in Charge Tony Meeks, HUD-Office of Inspector General, added, “When unscrupulous lenders deliberately ignore HUD guidelines, it undermines the housing market and creates distrust between potential home buyers and federal programs designed to assist them. Our office is committed to ensuring the FHA insurance program will not be mismanaged, and we are committed to pursuing all acts of fraud, waste and abuse.”
This settlement was the result of a joint investigation conducted with HUD’s Office of Inspector General. Assistant U.S. Attorney Colleen M. Kennedy handled the case for the United States. The claims settled by this agreement are allegations only and there has been no determination of liability.
Prisoner Convicted of Mailing Threats to Murder a Federal JudgeRead the Press Release
FRESNO, Calif. — After a two-day trial, a federal jury found Cyrus Dennis Braswell, 57, guilty today of three counts of mailing threatening communications, U.S. Attorney McGregor W. Scott announced.
According to court documents, a federal judge in the District of Alaska sentenced Braswell in 1998. Thereafter, while an inmate at Mendota Federal Correctional Institute in Fresno County, Braswell mailed communications to Alaska in which he threated to murder the judge after he got out of prison.
This case is the product of an investigation by the Federal Bureau of Investigation, the U.S. Marshals Service, and the Bureau of Prisons. Assistant U.S. Attorneys Laura D. Withers and Kirk E. Sherriff are prosecuting the case.
Braswell is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 6, 2019. Braswell faces a maximum statutory penalty of 10 years in prison and a $250,000 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. Braswell currently remains in the custody of the Bureau of Prisons.
Federal Prison Cook Convicted of Conspiracy, Attempted Drug Distribution and Accepting a BribeRead the Press Release
FRESNO, Calif. — On Tuesday, a federal jury convicted David G. Bruce II, 32, of Merced, with conspiring to provide inmates with prohibited objects; attempting to possess marijuana and heroin with the intent to distribute; and taking a bribe as a public official, Special Agent in Charge James K. Cheng and U.S. Attorney McGregor W. Scott announced.
“The integrity and honesty of correctional officers are critical to the safety of our federal prisons. Our office strives to ensure that individuals who fail to uphold those values, like David Bruce, will be held accountable for their actions,” said James K. Cheng, Special Agent in Charge for the U.S. Department of Justice Office of the Inspector General’s Los Angeles Field Office.
According to court documents, Bruce was employed as a cook foreman at the United States penitentiary in Atwater (USP Atwater). Between May and December 2015, Bruce conspired with inmates and individuals outside the prison to introduce prohibited items, including marijuana and heroin, into USP Atwater and received at least $1,580 as payment. On December 15, 2015, Bruce drove to meet an individual he believed would give him drugs to be smuggled into the prison, but was instead met by federal agents.
This case is the product of an investigation by the Federal Bureau of Prisons and the Department of Justice Office of the Inspector General. Assistant U.S. Attorneys Vincenza Rabenn and Brian Delaney prosecuted the case.
Bruce faces a maximum statutory penalty of 20 years in prison and a $1 million fine for possessing a controlled substance with intent to distribute. The maximum statutory penalty for conspiring to commit an offense against the United States is five years in prison and a $250,000 fine. The maximum statutory penalty for a public official taking a bribe is 15 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Stockton Man Sentenced to Life in Prison for Long-Term Sexual Abuse of Minors Including His Own ChildrenRead the Press Release
SACRAMENTO, Calif. — Rodney Flucas, 50, of Stockton, was sentenced today to life in prison for transportation of minors with intent to engage in criminal sexual activity, 10 years in prison for transporting an adult daughter across state lines with intent to engage in incest and 20 years in prison for attempted witness tampering, U.S. Attorney McGregor W. Scott announced. U.S. District Judge Kimberly J. Mueller ordered the sentences to be served consecutively.
U.S. Attorney Scott stated: “The defendant’s conduct is an affront to the most fundamental values of our society and family structures. He repeatedly preyed upon his own children, taking advantage of their innocence and the trust they had in him. The defendant has demonstrated that he will never stop preying upon vulnerable victims, and today’s sentence will help to ensure that he does not repeat these crimes in the future.”
“No sentence can ever erase the pain that the victims have endured as a result of years of abuse and reliving those experiences during their courageous testimony in court,” said Special Agent in Charge Sean Ragan of the Sacramento Field Office. “We hope today’s sentence offers some solace to the victims and encourages those who are enduring similar, unreported circumstances to seek help from law enforcement. The FBI stands with our federal, state, and local partners to investigate these crime to ensure those who exploit our community’s vulnerable, innocent children face justice.”
According to court documents and evidence produced at trial, Flucas engaged in long‑term, concurrent sexual abuse of four of his daughters, a son, and two other young women, all of whom were minors when Flucas began abusing them. The abuse came to light in February 2017 when one of his teenaged daughters tried to commit suicide by driving into a lamppost, in the hope that her death would lead to the discovery of the abuse. She was transported to the hospital where she disclosed the abuse to authorities. From that point, at least six other victims have disclosed sexual abuse that Flucas inflicted on them since they were children. They made such disclosures despite Flucas’s aggressive campaign to undermine the credibility of his victims and his attempts to direct his victims to lie to child protection authorities and the police. Ultimately, however, Flucas’s victims disclosed their abuse notwithstanding the family mantra: “What happens in the family, stays in the family.” DNA testing confirmed that Flucas is the father of 10 children born to victims who testified in this case, including three children born to one of Flucas’s daughters. Flucas has admitted to fathering at least 37 children by numerous women.
According to evidence produced at trial and during sentencing, Flucas began abusing five of his victims when the family lived in Valdosta, Georgia around the year 2000. He owned or rented upward of four houses on the same street in Valdosta where his wife, ex-wife, other partners and numerous children lived. In 2014, the Georgia Division of Family and Children Services began to investigate allegations of child abuse, made by a grandmother of four of Flucas’s children, including allegations that Flucas had impregnated two of his daughters. They closed its investigation, and Flucas moved his family to Americus, Georgia, where he continued to sexually abuse some of his children.
By September 2014, Flucas had again moved the family, including four of his victims, this time to Klamath Falls, Oregon. Once in Oregon, Flucas also began sexually abusing a 15‑year-old girl, who had befriended Flucas’s daughter at school. Flucas invited that girl to move into his home, and he eventually impregnated her when she was 16. He also impregnated an adult daughter for the third time in Oregon. Flucas continued his abuse of his victims throughout their entire time in Oregon.
After more allegations arose in Oregon in 2015, Flucas moved his victims, including the then-pregnant friend of his daughter, to Stockton, where he found employment as a teacher of the deaf and hard of hearing. Flucas continued to sexually abuse his victims in California until the car crash that brought the allegations to light. Evidence at trial showed Flucas kept his abuse secret by abusing his victims behind the locked doors of his bedroom and bedroom closet and by waking his victims in the middle of the night to abuse them while the rest of the family slept.
Evidence at trial also demonstrated that on the heels of his daughter’s disclosure to police in Stockton, Flucas began searching the internet for places to move overseas, including China, Kenya, Ethiopia, Canada, Panama, and Nepal. He also searched for the U.S. dollar to Mexican peso conversion rate. Flucas also told two of his victims that he intended to take them someplace where he could continue the abuse, including places where Flucas believed incest to be legal such as New Jersey, Rhode Island, and Switzerland.
This case was the product of an investigation by the Federal Bureau of Investigation, originating from an investigation by the Stockton Police Department. Assistant U.S. Attorney Jeremy J. Kelley prosecuted the case.
Tehachapi Woman Sentenced to Prison for Aggravated Identity TheftRead the Press Release
FRESNO, Calif. — Hazel Turner, 54, of Tehachapi, was sentenced today by U.S. District Judge Lawrence J. O’Neill to two years in prison for aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, Turner unlawfully possessed names, addresses, dates of birth, social security numbers, and other personal identifying information of real people. Turner used this information to prepare and submit fraudulent federal income tax returns. Turner attempted to defraud the federal government out of more than $133,000. Turner’s scheme, however, was discovered and no funds were paid.
This case was the product of an investigation by the Internal Revenue Service and the Kern County Sheriff’s Department. Assistant United States Attorney Melanie L. Alsworth prosecuted the case.
Mexican National Pleads Guilty to Marijuana Cultivation in Protected Kern County Kiavah WildernessRead the Press Release
FRESNO, Calif. — Rodolfo Torres-Galvan, 29, (Torres), a native and citizen of Mexico, pleaded guilty today to conspiring to manufacture, distribute, and possess with intent to distribute marijuana, U.S. Attorney McGregor W. Scott announced. He is the second co-conspirator to enter a guilty plea in this case.
According to court documents, Torres and his co-defendants, Mauricio Vaca-Bucio, 31, and Felipe Angeles Valdez-Colima, 35, were apprehended after a two-month investigation in the Kiavah Wilderness, a federally designated wilderness area in the Sequoia National Forest. Law enforcement officers saw Torres and Valdez emerge from the forest and enter a Camaro driven by Vaca. They were subsequently stopped in Weldon. Officers found freshly harvested marijuana in the Camaro and located over 1,800 marijuana plants at the grow site on the trail that led to the drop point. The officers also found deadly illegal pesticides, including carbofuran and zinc phosphide, in both the vehicle and at the grow site. In pleading guilty, Torres agreed to pay over $7,000 in restitution to the U.S. Forest Service for the environmental damage caused to the National Forest.
The United States Congress designated the Kiavah Wilderness in 1994, and it is managed by the Bureau of Land Management and the Forest Service. This wilderness area is part of the National Cooperative Land and Wildlife Management Area and the Bureau of Land Management’s Jawbone-Butterbredt Area of Critical Environmental Concern.
This case is the product of an investigation by the U.S. Forest Service with assistance from Enforcement and Removal Operations of Immigration and Customs Enforcement (ICE), Campaign Against Marijuana Planting (CAMP), California Department of Fish and Wildlife, California National Guard, Kern County Sheriff’s Office, and Kern County Probation Office. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Torres is scheduled for sentencing on April 29, 2019. Valdez pleaded guilty in January and is scheduled for sentencing on April 22, 2019. They face a minimum statutory penalty of 10 years in prison and a maximum statutory penalty of life in prison, along with a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges against Vaca are pending and are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Citrus Heights Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — Emanuel Mois, 25, of Citrus Heights, pleaded guilty today to receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, between November 2016 and February 2017, Mois knowingly received and saved images depicting children engaged in sexually explicit activity onto his cellphone. At the time he received the images, Mois was on parole pursuant to a California state conviction for possession/distribution of child pornography, and had a prior conviction by the State of California for sexual battery of a minor.
This case is the product of an investigation by the Federal Bureau of Investigation, the Citrus Heights Police Department, and the Roseville Police Department. Assistant U.S. Attorney Amy Schuller Hitchcock is prosecuting the case.
Mois is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on May 13, 2019. He faces a minimum statutory penalty of 15 years in prison and a maximum penalty of 40 years in prison, as well as 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.
Bakersfield Man Pleads Guilty to Cyberstalking Florida WomanRead the Press Release
FRESNO, Calif. —Earl John Velasquez, 23, of Bakersfield, pleaded guilty today to stalking, U.S. Attorney McGregor W. Scott announced.
According to the plea agreement, between January and June 2018, Velasquez used various cellphones and social media applications to post threatening statements to a woman living in Florida. In addition to his own accounts, Velasquez created a social media account using a fictitious name and also used a relative’s account to send the threatening messages. Among other threats, Velasquez claimed he was planning on shooting up a tattoo parlor in Florida. On April 30, he commented on an Instagram post in which the victim was tagged and said, “I’m going to kill that girl one day.” This conduct caused substantial emotional distress to the victim.
This case is the product of an investigation by the Federal Bureau of Investigation and the Kern County Sheriff’s Department. Assistant U.S. Attorney Melanie L. Alsworth is prosecuting the case.
Velasquez is scheduled to be sentenced by U.S. District Judge Lawrence J. O’Neill on May 6, 2019. Velasquez faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Tobacco Distributor and Two Distribution Companies Charged with Evading California Excise TaxRead the Press Release
SACRAMENTO, Calif. — On December 13, 2018, a federal grand jury returned a 28‑count indictment against Rahman Lakhani, 40, of Naperville, Illinois; N. Ali Enterprises Inc., an Illinois corporation; and 21st Century Distribution Inc., a Nevada corporation, charging them with committing mail and wire fraud, U.S. Attorney McGregor W. Scott announced.
The indictment was unsealed after the arrest of Lakhani on Thursday.
“ATF defines tobacco diversion as the trafficking of tobacco products in avoidance of Federal, State or foreign taxes or in violation of Federal, State or foreign law,” said ATF, San Francisco Field Division, Special Agent in Charge Ray Roundtree. “ATF and the California Department of Tax and Fee Administration worked diligently to put an end to the defendants unlawful acts of tobacco trafficking. Their actions resulted in a loss of millions of dollars in excise taxes for the state of California and the programs those taxes are used to help. ATF is committed to enforcing the law to ensure that the state of California is not a victim of this crime and that everyone is following the rules for the operation of their business.”
“Tax evasion hurts all of us by reducing revenue funding California’s essential state and local services,” said CDTFA Director Nick Maduros. “Nearly 90 percent of the taxes collected on cigarettes and tobacco products are earmarked to fund important programs, including First 5 California. The CDTFA is committed to combating tax evasion to support California’s communities.”
According to court documents, between August 2015 and April 2018, the defendants devised a scheme to avoid paying excise tax on approximately $26,585,000 worth of tobacco products other than cigarettes such as cigars, chewing tobacco and leaf tobacco called “Other Tobacco Products” or OTP. Lakhani owned and operated N. Ali Enterprises and 21st Century Distribution and used them to sell OTP to companies in California, on which all excise tax had purportedly been paid. The result of the scheme was a loss of approximately $5 million to $10 million to the State of California.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives along with the former California State Board of Equalization, sections of which are now the California Department of Tax and Fee Administration. Assistant U.S. Attorneys Michael D. Anderson and Rosanne L. Rust are prosecuting the case.
If convicted, Lakhani faces a maximum statutory penalty of 20 years in prison and a $250,000 or twice the gross loss or gain. If convicted, N. Ali Enterprises Inc. and 21st Century Distribution face up to five years of probation and a $500,000 fine or twice the gross loss or gain caused by the offense. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Sacramento Man Sentenced to 12 Years in Prison for Cocaine Trafficking & Gun PossessionRead the Press Release
SACRAMENTO, Calif. — Benjamin Macias, 40, of Sacramento, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to 12 years in prison for conspiring to distribute cocaine, distributing cocaine, possessing cocaine with the intent to distribute it, and being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, in 2014 and 2015, Macias supplied Sergio Ambriz, 29, of Sacramento, with cocaine. On four occasions, Ambriz sold this cocaine to an undercover agent in Sacramento and El Dorado Counties. Agents planned to arrest Macias and Ambriz during a fifth transaction on June 9, 2015. Shortly before they could do so, Macias sped away from the scene at about 90 miles per hour. Helicopter video showed that, in his attempt to escape, he drove through an intersection, appeared to fail to stop at a red light, and drove erratically as he passed other cars on westbound Highway 50 near the El Dorado Hills Town Center.
After they apprehended him in Gold Run, agents searched Macias’s car. In the glove compartment, they found a Ruger 9 mm pistol loaded with hollow-point bullets; they also found more than one pound of cocaine in the trunk. On the same day, agents searched Macias’s Sacramento home and found ammunition, a 35-round magazine, and more cocaine.
Macias has a record of other criminal convictions stretching back to 1996. He was on pretrial release for California state charges relating to firearm and marijuana possession when he committed the crimes of which he was convicted in this case.
Ambriz previously pleaded guilty to using a cellphone to facilitate a drug trafficking offense and was sentenced on November 4, 2016, to four years in prison.
This case is the product of an investigation by the Drug Enforcement Administration, the El Dorado County Sheriff’s Department, the El Dorado County District Attorney’s Office, the California Highway Patrol, the California Department of Corrections and Rehabilitation, and the Sacramento County Sheriff’s Department. Assistant U.S. Attorneys Paul A. Hemesath and Amanda Beck prosecuted the case.
Federal Indictment Charges Sacramento Woman with Preparing False Tax ReturnsRead the Press Release
SACRAMENTO, Calif. — A six-count indictment returned by a federal grand jury was unsealed today, charging Leticia Tyshalle Reed, 42, of Sacramento, with making false claims to the Internal Revenue Service, U.S. Attorney McGregor W. Scott announced.
According to the indictment, Reed prepared and submitted federal income tax returns for tax years 2013 and 2014 for individuals that included false information and sought refunds that Reed knew the individuals were not entitled to receive.
This case is the product of an investigation by the IRS Criminal Investigation. Assistant U.S. Attorney Shelley D. Weger is prosecuting the case.
If convicted, Reed faces a maximum statutory penalty of five years in prison and a $250,000 fine on 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.
Fairfield Man Sentenced to over 17 Years in Prison for Attempted Online Enticement of a MinorRead the Press Release
SACRAMENTO, Calif. — Donald Threatt, 68, of Fairfield, was sentenced Thursday to 17 years and eight months in prison for attempted online enticement of a minor, U.S. Attorney McGregor W. Scott announced.
According to court documents, in April 2017, Threatt began conversing through the Kik Messenger mobile app with an individual who identified herself as “Sarah,” a 15-year-old girl who was interested in online games, soccer, and track. Off and on over the course of many days, Threatt used Kik to tell “Sarah” the various sexual things he wanted to do to her. He discussed and agreed with the purported minor that he would visit her residence on Beale Air Force Base while her mother was away. According to the Kik chat, Threatt suggested blindfolding her and tying her up with rope. He stated that he would engage in various sexual acts with her and proposed that they take photos and a video of their sexual activity. Threatt arranged to meet her at her residence on May 12, 2017, after her mother had left for the weekend.
Unbeknownst to Threatt, the minor was actually an undercover law enforcement agent. On the day of the planned meeting, law enforcement personnel surveilled Threatt as he left his home in Fairfield, purchased rope from a home improvement store, and drove to the house where the meeting with the minor was to occur. Threatt was arrested after he pulled into the garage of the house. In his car, agents found cameras, a tripod, rope, and condoms.
According to court documents, this was not the first time Threatt attempted to prey on a child. Agents searched Threatt’s residence and seized a computer hard drive containing approximately 800 internet chats from 2008. Together, those communications showed he had been communicating with several girls under the age of 18. In those communications, Threatt discussed how he wanted to have sexual relations with the underage girls and repeatedly solicited and received nude photographs from at least one minor. In addition, in 2013, Threatt was arrested after he used email to attempt to persuade an undercover law enforcement officer that he believed to be a 15-year-old girl to meet with him to have sex. Threatt was prosecuted in state court for that offense.
This case was the product of an investigation by the Air Force Office of Special Investigations and the Federal Bureau of Investigation. Assistant U.S. Attorneys Matthew D. Segal, Jeremy J. Kelley, and Katherine T. Lydon 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.
Fresno Man Sentenced for CarjackingRead the Press Release
FRESNO, Calif. — Nicholas Lobkowski, 39, of Fresno, was sentenced Monday by U.S. District Judge Lawrence J. O’Neill to seven years and eight months in prison for carjacking, U.S. Attorney McGregor W. Scott announced.
According to court documents, on September 28, 2017, Lobkowski carjacked a victim at knifepoint. Lobkowski fled in the vehicle and was located by police. Lobkowski drove recklessly, proceeded through a stop sign without stopping, and crashed into two vehicles, causing injuries to several of the occupants.
This case was the product of an investigation by Homeland Security Investigations and Fresno Police Department. Assistant U.S. Attorney Kimberly A. Sanchez prosecuted the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Former Correctional Officer Sentenced to Prison for Sexting and Propositioning Teenaged GirlRead the Press Release
SACRAMENTO, Calif. — Timothy Holt, 27, formerly of Susanville, was sentenced today by U.S. District Judge John A. Mendez to 21 months in prison and three years of supervised release for transportation of obscene matters, U.S. Attorney McGregor W. Scott announced.
According to court documents, the father of a teenaged girl reported that Holt, as an adult correctional officer, had been sexually propositioning his daughter over an internet messaging service. Law enforcement officers took over the girl’s messaging account. Posing as the teenaged girl, officers continued to chat with Holt and agreed to meet him. Officers arrested Holt when he arrived at the meet location.
This case was the product of an investigation by the FBI and the California Department of Corrections and Rehabilitation. Assistant U.S. Attorney Matthew Segal 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.