Eastern District of California

SACRAMENTO, Calif. —Oneal Damar Hamilton, 36, currently a resident of Pasadena, was sentenced today by United States District Judge Troy L. Nunley to 40 months in prison for credit card fraud, United States Attorney Benjamin B. Wagner announced.

According to court documents, Hamilton would purchase unauthorized and fraudulent credit cards from a source outside the United States.  Through fraud and deception, the foreign source would induce a credit card company to send cards in Hamilton’s name to a residence in Sacramento where Hamilton would receive them.  Hamilton would then use the unauthorized cards to take cash advances from local banks and to purchase merchandise from Sacramento area retailers until the cards were shut down for fraud.  Before his arrest, Hamilton obtained approximately $162,000 in cash and merchandise over approximately 9 months between 2012 and 2013.

This case was the product of an investigation by the United States Secret Service.  Assistant United States Attorney Matthew G. Morris prosecuted the case.

SACRAMENTO, Calif. — Kiedock Kim, age 60, resident of Biggs, California, was sentenced today by United States District Judge Troy L. Nunley to six months in prison, and ordered to pay $107,160 in restitution based on two convictions for depredation of United States property and negligent discharge of a pollutant to a water of the United States, United States Attorney Benjamin B. Wagner announced.

According to court documents, Kim was the mill superintendent for the French Gulch Mine in Shasta County. As part of the mining operation, gold ore was brought from deep underground to the surface, transported to the mine mill and crushed, mixed with water to create slurry, and mixed again with foaming agents to cause the gold to separate from the remaining slurry. The gold was then removed, and the resulting waste from the mining operation — tailings, slurry, and wastewater — contained arsenic and lead.

In February 2007, a California Central Valley Regional Water Quality Control Board inspector advised the mine operators, including Kim, that the discharge of these pollutants was prohibited without a permit under the National Pollution Discharge Elimination System (NPDES). The French Gulch Mine did not have a NPDES permit, and Kim repeatedly represented to the inspector that the water treatment system used at the mine was a closed circuit, meaning there were no discharges from the water treatment system, and the mine and mill operations reused the wastewater after it had been treated.

In fact, the mine was generating more liquid wastes than the treatment system could handle, and on many occasions the system was not functioning properly causing the mine operators to discharge the liquid wastes into abandoned mines, an improvised leach field, a waste rock area, or on the county road surrounding the mine. Much of the discharges were on BLM land and resulted in hazardous levels of arsenic and lead contaminating the BLM property. The BLM conducted a study and determined that the cost to remove the contaminants and restore the property is $107,160.

In addition, the mine improperly disposed of its mine waste rock, which contained high arsenic and lead concentrations, by using it to resurface the county road leading to the mine, which is on BLM land. Even though the mine was later forced to remove the waste rock, its conduct constitutes depredation of United States property.

According to the plea agreement, Kim ordered the construction of a substandard pipe system to remove contaminated liquid wastes from the mill to an abandoned mine on BLM property. On June 24, 2006, the pipe system broke, and during a period of six to eight hours, spilled up to 10 tons of mine tailings into Scorpion Gulch Creek, which eventually leads into the Whiskeytown National Recreation Area reservoir. The spilled mine tailings travelled about seven miles from the mine to the Whiskeytown reservoir, which empties into the Sacramento River.

“EPA is committed to protecting human health along with our natural resources,” said Jay M. Green, Special Agent-in-Charge of EPA’s criminal enforcement program in California.  “The defendant not only discharged potentially lethal byproducts from mining operations, he tried to hide it from investigators.  Today’s sentence demonstrates that if companies and their managers skirt environmental laws, EPA and its partners will hold them accountable.”

This case is the product of an investigation by the United States Environmental Protection Agency, Criminal Investigation Division, with assistance from the Bureau of Land Management; the National Park Service, and the California Central Valley Regional Water Quality Control Board. 

FRESNO, Calif. — United States Attorney Benjamin B. Wagner announced today that Santos Acevedo Gutierrez, 41, resident of Shafter, pleaded guilty yesterday to possession with attempt to distribute methamphetamine and agreed to the forfeiture of over $10,123.

According to court documents, on April 30, 2014 Kern County Sheriff Deputies executed a search warrant at Gutierrez’s home in Shafter, CA and seized approximately four pounds of methamphetamine as well as a digital scale, packaging materials and over $10,000 in United States Currency.

Gutierrez is scheduled to be sentenced by United States District Judge Lawrence J. O'Neill on May 18, 2015 at 8:30 AM. Gutierrez faces a maximum penalty of life in prison and a $10,000,000 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

This case was the product of the work of the Kern County Sheriff’s Office, and the Department of Homeland Security Investigations. Assistant United States Attorney Brian K. Delaney is prosecuting the case.

SACRAMENTO, Calif - United States Attorney Benjamin B. Wagner announced today that Prabhjit S. Purewal, M.D., a Manteca based oncologist, agreed to pay the United States $550,000 to settle allegations that he defrauded Medicare, Tricare and Medicaid by billing these public insurers for chemotherapy drugs the US Food and Drug Administration had not approved for use in the United States.  Dr. Purewal has paid the United States $400,000 to date.   

The settlement resolves the United States’ contentions that Dr. Purewal had, over a two year period ending in May 2011, purchased chemotherapy drugs from Warwick Healthcare Solutions, Inc., also known as Richard’s Pharma (“Warwick”), administered the drugs to his patients, and improperly sought and received reimbursement for the drugs from Medicare and other public insurers.  Warwick, a former United Kingdom based drug distributer, did not have a license to distribute drugs in the United States, and many of the drugs Dr. Purewal purchased from Warwick were not FDA approved.  The FDA regulates pharmaceuticals in the US to ensure the drugs are safe and effective.  The United States contended that by claiming and receiving reimbursement from Medicare, Tricare, and Medicaid for these drugs, Dr. Purewal violated the federal False Claims Act.     

“Investigating healthcare related fraud allegations is one of our District’s top priorities,” said U.S. Attorney Wagner.  “My office works closely with our federal and state partners to ensure that our publicly funded healthcare insurers reimburse practitioners only for approved services and medicines.” 

“Patients -- especially those battling cancer and other life-threatening illnesses -- should be able to trust that their physicians only use medicines approved by the FDA, medicines proven to be safe and effective,” said Special Agent in Charge Ivan Negroni of the U.S. Department of Health and Human Services Office of Inspector General.  “Our agency will continue to pursue health care providers that ignore requirements designed to protect patient health and federal health care programs.”

“Ensuring that patients receive FDA-approved prescription drugs from the legitimate supply chain is an FDA priority,” said Lisa Malinowski, Special Agent in Charge of the FDA’s Office of Criminal Investigations. “For drugs that enter the U.S. from outside that protected system, there is no guarantee that the drug is FDA-approved, not counterfeit, or otherwise lacks safety or effectiveness. We will continue to work to protect the health of patients who rely on prescription drugs and to ensure the safety and effectiveness of those drugs.”

The case was investigated by the United States Office of Inspector General of the US Department of Health and Human Services, the FDA’s Office of Criminal Investigations and the US Defense Health Agency.  Assistant United States Attorney Kurt A. Didier prosecuted the case.  

FRESNO, Calif. — Ramon Cano, 28,  a former correctional officer at the Taft Federal Correctional Facility was sentenced by United States District Court Judge Anthony W. Ishii yesterday to 30 months in prison for conspiracy to provide and possess contraband in prison in violation of 18 U.S.C. §§ 371 and 201(b)(1), United States Attorney Benjamin B. Wagner announced. 

According to court documents, Cano admitted that between November 2013 and February 27, 2014, he conspired with Gerardo Alvarez-Montanez, 32, an inmate at the Taft Federal Correctional Facility to smuggle cell phones, cash, alcohol and controlled substances into the prison in return for the payment of cash.

In sentencing Cano, Judge Ishii stated that Cano abused his position of trust and compromised the integrity and safety of the Taft Federal Correctional Institution.  Judge Ishii went on to state that a correctional officer must be held to a high standard of conduct and failure to uphold this conduct can seriously endanger all those within the confines of that prison.  Ramon Cano abused that trust and his acts warranted the sentence imposed.

“Cano’s criminal activity of introducing contraband into the prison placed fellow correctional officers and inmates they supervised at risk,” said FBI Assistant Special Agent in Charge John Gliatta.  “Those who abuse trusted roles for personal gain threaten the safety and security of the institutions neighboring communities.  Such actions also threaten the reputation and safety of all corrections personnel.”

On September 2, 2014, Gerardo Alvarez-Montanez was sentenced by Judge Ishii to 60 months in prison for conspiring with Cano to provide and possess contraband in prison.

FRESNO, Calif. — United States Attorney Benjamin B. Wagner announced today that Edwin Rigoberto Mayorga-Fajardo, 42, resident of Bakersfield, pleaded guilty yesterday to possession with attempt to distribute methamphetamine

According to court documents, on April 8, 2014, Mayorga-Fajardo attempted to distribute five pounds of methamphetamine to a government informant.  When law enforcement officers attempted to stop the defendant’s vehicle he sped off and a high speed car chase ensued.  While attempting to flee, the defendant was observed throwing packages of methamphetamine from the vehicle. Eventually the defendant was stopped and arrested and approximately four pounds of methamphetamine was recovered. 

Mayorga-Fajardo is scheduled to be sentenced by United States District Judge Lawrence J. O'Neill on May 18, 2015 at 8:30 AM. Mayorga-Fajardo faces a maximum penalty of 20 years in prison and a $1,000,000 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.

This case was the product of the work of the Department of Homeland Security, the Kern County Sheriff’s Office, and the Southern Tri-County High Intensity Drug Trafficking Area Task Force. Assistant United States Attorney Brian K. Delaney is prosecuting the case.

FRESNO, Calif. —Derik Carson Kumagai, 41, and Saykham Somphoune a/k/a, “Oat,” 41, both residents of Fresno, pleaded guilty today to conspiring to commit bribery, United States Attorney Benjamin B. Wagner announced. 

According to the defendants’ plea agreements and other court documents, beginning in April of 2012, federal law enforcement was investigating a group of individuals, including defendant Somphoune and one of his associates, for suspected cultivation and distribution of marijuana.  In October and November of 2013, defendant Somphuone had a series of meetings with his associate, some of which were attended by defendant Kumagai.  At the time, Kumagai was a Fresno Police Department Detective.  During these meetings, the associate was told that he was under federal investigation, but that in return for a bribe payment, defendant Kumagai could close the investigation and arrange to have the associate designated as a confidential informant for the Fresno Police Department.   On November 6, 2013, the associate paid Kumagai approximately $20,000 cash.  A few hours later, the associate signed documents for the purported purpose of becoming a confidential informant for the Fresno Police Department.  The defendants were arrested in March of 2014, and the associate never actually served as a confidential informant for the Fresno Police Department.    

“The defendants attempted to take advantage of the trust placed in law enforcement officers for their personal gain,” said U.S. Attorney Wagner.  “Law enforcement officers who accept bribes put the public and other law enforcement officers in danger.”   

“There is absolutely no room for such egregious misconduct in law enforcement,” said Special Agent in Charge Monica M. Miller of the Sacramento FBI.  “Individuals who commit such crimes undermine public trust and betray the other fine officers who serve the public honestly and with the highest degree of integrity, while risking their lives daily to protect their communities.”

DEA Acting Special Agent in Charge Bruce C. Balzano stated, "The DEA will diligently work with our law enforcement counterparts to hold those accountable who tarnish the badge by engaging in criminal behavior."

"Mr. Kumagai took an oath to uphold the law and protect citizens,” said IRS Criminal Investigation Special Agent in Charge José M. Martinez.   “Instead, he used his position for personal gain and betrayed the community he swore to protect.  IRS-CI will continue to investigate public corruption to ensure everyone plays by the same rules—regardless of job or position.”

This case was the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Internal Revenue Service, Criminal Investigation.  Fresno Police Chief Jerry Dyer and the Fresno Police Department cooperated with federal law enforcement throughout the investigation. Assistant United States Attorneys Grant B. Rabenn and Kevin P. Rooney are prosecuting the case. 

Kumagai and Somphoune are scheduled to be sentenced by Judge Anthony W. Ishii on May 4, 2015.  Kumagai and Somphoune face a maximum statutory penalty of 5 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 the Organized Crime Drug Enforcement Task Force (OCDETF), a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.

FRESNO, Calif. —Defendants, Joseph Cuellar, age 74, a resident of Fresno, California; Patrick Bowman, age 48 of Los Banos, California; and Rudolph Buendia, age 52 of Planada, California, were ordered today to pay a total of $1,801,832.50 in restitution to 65 victims exposed to airborne asbestos as a result of defendants' unlawful asbestos abatement at Building 325 at the former Castle Air Force Base in Atwater, California, United States Attorney Benjamin B. Wagner announced.  The order, which was a result of the defendants’ prior convictions for knowingly violating the asbestos work practice standards of the National Emissions Standards for Hazardous Air Pollutants, was part of a written ruling issued by United States District Judge Lawrence J. O’Neill.  All three defendants previously entered guilty pleas and all had been sentenced to terms of imprisonment of between 24 and 27 months. 

The 65 victims referenced in the order made claims for restitution for the costs of medical monitoring necessary for the early detection of asbestos-related illnesses that might arise as a result of their exposure to airborne asbestos caused by defendants' unlawful asbestos abatement crimes.

According to court documents, Firm Build, Inc., performed the demolition and renovation work to convert the former Castle Air Force Base's motor pool at Building 325 into an automotive mechanic training center.  Bowman was Firm Build's president, Cuellar was its administrative manager, and Buendia was its construction project site manager.   The prosecution stemmed from defendants' unlawful asbestos abatement during the demolition and renovation of Building 325 during September 2005 through January 31, 2006.  During the renovation at Building 325, Firm Build, Inc., directed its employees and high school students from the Workplace Learning Academy to remove and dispose of asbestos containing insulation on pipe and on other facility components without utilizing proper protective equipment or taking protective measures.  Bowman was also the Vice-Principal in charge of the Workplace Learning Academy.

This case is the result of an investigation by the Merced County District Attorney's Office, the San Joaquin Valley Unified Air Pollution Control District, and the United States Environmental Protection Agency.

“There is no safe level of exposure to asbestos,” said Jay Green, Special Agent-in-Charge of EPA’s criminal enforcement program in California.  “By directing student workers to illegally remove demolition debris containing asbestos, knowing the students had neither the training nor the proper safety equipment, the defendants in this case exposed the students and other workers at the job site, and their respective families to dangerous and potentially deadly carcinogens, and jeopardized all of their futures.  Today's sentence sends a strong message that EPA and its partner agencies will continue to protect those vulnerable to environmental crimes by vigorously prosecuting criminals who place profit ahead of public health.”

Assistant United States Attorneys Samuel Wong and Melanie Alsworth prosecuted the case.

FRESNO, Calif. — Fausto Arthur Cruz Hernandez, 44, resident of Mexico, was sentenced today by United States District Judge Lawrence J. O'Neill to over 15 years in prison for bank robbery and for violating a previously imposed term of federal supervised release, United States Attorney Benjamin B. Wagner announced. 

According to court documents, on July 22, 2014, the defendant robbed the Bank of the West at 7062 N. First Street in Fresno.  The defendant presented a note to a teller that said, “I want $50,000,” and “This is a robbery.”  The defendant demanded, “hundreds only.”  The teller gave him the hundred dollar bills in her drawer, and he asked what else she had.  She said she had nothing else and attempted to push the alarm button.  The defendant saw what she was doing and said, “don’t push the button, put your hands up.”  The defendant showed her what the teller recognized as a black handgun, and told all of the tellers to “get on the floor.”  They did and the defendant left the bank.

Due to prior felony convictions, the defendant qualified as a career criminal, which results in enhanced penalties under federal law.  In sentencing the defendant, Judge O’Neill recognized the need to protect the community from the defendant’s violent behavior.

"We are thankful for the Fresno Police Department's collaborative efforts and for the assistance that was received from the public.  Together, we ensured an armed and dangerous criminal faced justice," said Supervisory Special Agent Jacqueline Neumann of the Sacramento FBI's Fresno Resident Agency.  "The public is not powerless and can fight crime by providing information to identify individuals who put their communities at significant risk.”

This case was the product of an investigation by the Federal Bureau of Investigation and the Fresno Police Department. Assistant United States Attorney Kimberly A. Sanchez prosecuted the case.  The case is part of the Project Safe Neighborhoods (PSN) initiative which is a coordinated effort between federal, state and local law enforcement authorities aiming to make our community safer by targeting firearm offenses.

SACRAMENTO, Calif. — Daniel Harrison McGrath, 60, resident of Roseville, California, was sentenced today by United States District Judge Garland E. Burrell, Jr. to 7 years in prison for possession of child pornography, United States Attorney Benjamin B. Wagner announced.

According to court documents, during an unrelated investigation, McGrath told investigating officers that he had images of child pornography on his computer.  A subsequent search identified more than 3,000 images and videos of child pornography on McGrath’s computer and on multiple CDs created by McGrath.  Some of the images showed prepubescent children, sadistic and masochistic conduct, and infants.

This case was the product of an investigation by the City of Roseville Police Department, the Sacramento County Sheriff’s Department, and the Federal Bureau of Investigation.  Assistant United States Attorneys Todd A. Pickles and Kyle Reardon 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, Calif. — A federal grand jury returned two indictments today against Jose Javier Rosas, 62, resident of Bakersfield, Calif., and Jeremy Scott Danielson, 34, of Clovis, Calif., charging them with crimes relating to laser strikes of law enforcement aircraft, United States Attorney Benjamin B. Wagner announced. 

Reports of laser attacks have increased dramatically in recent years as powerful laser devices have become more affordable and widely available to the public. Lasers can completely incapacitate pilots who are trying to fly safely to their destination, endangering their crew members, passengers and people on the ground. 

Lasing of Kern County Sheriff Helicopter

Rosas was charged with aiming a laser pointer at Air-1, a Kern County Sheriff’s Office helicopter.  According to court records, Air-1 was struck last month during the evening hours by a powerful green laser.  As a result, the pilot experienced glare, flash blindness, significant loss of night vision, watering eyes, and eye pain and was forced to disengage from a robbery investigation.

Rosas was charged with the laser offense following an investigation conducted by the Federal Bureau of Investigation (FBI), Homeland Security Investigations of Immigration and Customs Enforcement, and Kern County Sheriff’s Office. 

Lasing of CHP Aircraft

Danielson was charged with interfering with the safe operation of a California Highway Patrol (CHP) aircraft, Air 43, and aiming a laser pointer at it.   According to court records, Air 43 was struck in August and September of last year by a powerful green laser pointer seized from Danielson.  The second incident involved up to 23 laser strikes and occurred while Air 43 was taking off from the Fresno Yosemite International Airport during a critical phase of flight.  As a result, the pilot and tactical flight officer suffered flash blindness and watering eyes.

The case was investigated by the FBI, CHP, Clovis and Fresno Police Departments.  

Assistant U.S. Attorney Karen A. Escobar is prosecuting both cases. 

Danielson is scheduled for arraignment on the indictment on February 23, 2015.  Rosas is scheduled for arraignment on the indictment on February 27, 2015.  They both face a maximum prison term of five years and a fine of up to $250,000, if convicted of aiming the beam of a laser pointer at an aircraft.  Danielson faces an additional prison term of twenty years and a fine of up to $250,000, if convicted of interfering with the safe operation of an aircraft.

An indictment contains allegations that a defendant has committed a crime.  Every defendant is presumed innocent until and unless proven guilty. 

FRESNO, Calif. — A federal grand jury returned a six-count indictment today against Norman Starks, 76, a resident of Lone Pine, California, charging him with unauthorized removal of archaeological resources, depredation of government property, and possession of stolen government property, United States Attorney Benjamin B. Wagner announced. 

According to court documents, the defendant damaged, altered, and removed Native American archaeological resources without authorization, from federal lands.  These included Native American burial cairns and other cultural artifacts, such as beads and fragments of ceramic pots, which were more than 100 years old.  The artifacts were located in the Lone Pine area of Inyo County on public lands administered by the Bureau of Land Management.  In addition, the indictment charges the defendant with possessing stolen property that included prehistoric Native American incised stone tablets, which had been taken from government lands.

This case was the product of an investigation by the Bureau of Land Management and the National Park Service. Assistant United States Attorney Megan A. S. Richards is prosecuting the case.

If convicted of theft of stolen government property or depredation of government property, STARKS faces a maximum statutory penalty of ten years in prison and a $100,000 fine.  For each count of removal of archaeological resources, STARKS faces a maximum statutory penalty of two years in prison and a $100,000 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.

Archeological resources are protected under the Archaeological Resources Protection Act (ARPA).  Federal land managers, such as Bureau of Land Management and National Park Service, are responsible for the protection of natural and cultural resources located on public lands. 

SACRAMENTO, Calif. — Ray Jan Kornfeld, 59, resident of Las Vegas, NV, was sentenced today by United States District Judge Troy L. Nunley to 5 years in prison for his role in a large-scale mortgage fraud scheme, United States Attorney Benjamin B. Wagner and California Attorney General Kamala D. Harris jointly announced.  Kornfeld was also ordered to pay over $3 million in restitution to victims of the scheme.

According to court documents, between January 7, 2010, and August 20, 2013, Co-defendant Alan David Tikal was the principal behind a business known as KATN, which targeted distressed homeowners throughout California and the nation, many of whom did not speak English.  Members of the scheme promised to reduce victims’ outstanding mortgage debt by 75%, falsely claiming Tikal was a registered private banker with access to an enormous line of credit and the ability to pay off homeowners’ mortgage debts in full.  Homeowners were told that in return for various fees and payments, their existing loan obligations would be extinguished, and the homeowners would then owe new loans to KATN in an amount equaling 25% of their original obligation.  In reliance upon misrepresentations made by Tikal and others, homeowners stopped making payments on their existing mortgage loans and many lost their homes to foreclosure as a result. 

In fact, the defendants never satisfied the home owners’ mortgage debt and merely pocketed the money received through the scheme, which consisted of more than $5,800,000 in fees and monthly payments.  Over 1,000 homeowners were victimized.   

Judge Nunley found that Kornfeld joined the conspiracy in September of 2010.  Kornfeld corresponded frequently with victims, reminding them to make their payments, and assuring them the program would be successful even after Alan Tikal was indicted by State and Federal authorities for his role in the scheme.  Moreover, after promising federal authorities on November 27, 2012 that he would contact and advise the victims to make alternative plans to address their mortgage debt, Kornfeld instead continued to collect payments and file bankruptcy documents to further the scheme. 

“Kornfeld falsely promised these victims, many of whom didn’t speak English as their first language, that he could save their homes from foreclosure and reduce their mortgage debt by 75 percent if the homeowners agreed to pay him fees and regular ‘loan’ payments instead of making their monthly mortgage payments,” said Christy Romero, Special Inspector General for TARP (SIGTARP).  “Despite having the opportunity to stop his crime, Kornfeld kept the elaborate fraud going, frequently corresponding with victims, reminding them to pay up, while assuring them the operation would be successful.  Many victims subsequently lost their homes to foreclosure.  The scam also exploited bankruptcy law as a way to illegally halt foreclosure proceedings by mortgage lenders, including TARP recipients.  SIGTARP and our law enforcement partners will ensure that perpetrators of fraud related to TARP are brought to justice for their crimes.”

This case is a joint prosecution by the United States Attorney’s Office for the Eastern District of California and the California Attorney General’s Office.  It is the product of extensive investigation by the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), Internal Revenue Service - Criminal Investigation, the California Department of Justice, and the Stanislaus County District Attorney’s Office. Assistant United States Attorney Philip Ferrari and Deputy Attorney General Maggy Krell are prosecuting the case.

SACRAMENTO, Calif. —Nicholas Robert Bowen, 63, resident of Grizzly Flat, California, was sentenced today by United States District Judge Troy L. Nunley to 12 and one-half years in prison for possession of child pornography, United States Attorney Benjamin B. Wagner announced.

According to court documents, Bowen and a female companion were arrested by Davis Police officers after the female was caught exposing herself to 10-12 year old boys while Bowen filmed the encounters using a spy camera built into his glasses.  A subsequent search of Bowen’s phone and his computer, including in a folder called “boys,” discovered over 600 images and videos of minors engaged in sexually explicit conduct.  In sentencing Bowen, Judge Nunley commented that the offense conduct was “egregious,” and that Bowen was an “active individual” in the offense.  Judge Nunley further noted that Bowen’s actions have had a “huge impact” and potentially “ruined” the childhoods of the victims in this case.

Charges remain pending against Bowen in Yolo County Superior Court.

This case is the product of an investigation by the Davis Police Department, the Yolo County District Attorney’s Office, the Sacramento Internet Crimes Against Children (ICAC) Task Force. ICAC is a federally and state-funded task force managed by the Sacramento Sheriff’s Department with agents from federal, state, and local agencies. The Sacramento ICAC investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. Assistant United States Attorney Todd A. Pickles and Kyle Reardon 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, Calif. — A federal grand jury returned a one-count indictment today against Bryan Austin Frembling, 20, resident of Fresno, charging him with possessing MDMA (“Ecstasy”), with intent to distribute, United States Attorney Benjamin B. Wagner announced. 

According to court documents, Frembling ordered the ecstasy from the internet.  It was delivered from Canada to a post office box in another individual’s name.  Frembling was arrested on January 5, 2015 as he picked up the package of drugs from the post office. 

This case was the product of an investigation by the Homeland Security Investigations, U.S. Postal Service, and Fresno Police Department. Assistant United States Attorney Kathleen A. Servatius is prosecuting the case.

Frembling has been released on bail pending the disposition of the charges and will appear in court to be arraigned on the indictment on February 24, 2015.

If convicted, Frembling faces a maximum statutory penalty of twenty years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

SACRAMENTO, Calif. – United States Attorney Benjamin Wagner is pleased to be in attendance at a Summit on Countering Violent Extremism being hosted by the White House today in Washington, D.C.  The Summit will highlight domestic and international efforts to prevent violent extremists and their supporters from radicalizing, recruiting, or inspiring individuals or groups in the United States and abroad to commit acts of violence, efforts made even more imperative in light of recent, tragic attacks in Ottawa, Sydney, Paris, and Copenhagen.  It is expected that Summit participants will include President Barack Obama, Vice-President Joe Biden, Secretary of State John Kerry, Attorney General Eric Holder, and many others deeply involved in the efforts to prevent such acts of violence. 

Individual United States Attorney Offices play a role in these efforts, as a critical part of President Obama’s national strategy to prevent violent extremism domestically focuses on partnering on a local level with social service providers, religious leaders, community members and law enforcement agencies to address violent extremism as part of the broader mandate of providing public safety and crime prevention in each of our communities.  A focus of the Summit, and of efforts by U.S. Attorneys, is developing ways to empower local communities by raising awareness and providing them with useful information so that they are better equipped to protect young people from the lure of radicalization.  

“Protecting our citizens and our communities means more than simply finding effective ways to respond to terrorist incidents,” said U.S. Attorney Wagner.  “It requires working hand-in-hand with people of all faiths to help further our understanding and ability to identify and address the various factors that can lead to radicalization and violence.  I am honored to participate in this Summit, and I look forward to working with the people of our community at home to carry out this very important work.”   

Additional information concerning efforts to prevent violent extremism can be found in an editorial by President Obama, published in today’s edition of the Los Angeles Times. 

SACRAMENTO, Calif. — Orest Shaynyuk, 22, resident of Fair Oaks, was sentenced yesterday by United States District Judge John A. Mendez to 57 months in prison for Possession of Child Pornography, United States Attorney Benjamin B. Wagner announced.

According to court documents, in July 2013, Shaynyuk was found with a cell phone containing multiple videos and photos of minors engaged in sexually explicit conduct, including two between the ages of 12 and 15.  The cell phone also contained communications between Shaynyuk and various underage females with the purpose of enticing the underage females into sex.  Shaynyuk solicited and received photographs of females that he knew to be minors engaging in sex acts, and made some of the images and videos of the minors himself using his cell phone camera.  Shaynyuk used internet messaging programs to communicate with underage females and in some cases send them naked pictures of himself, and admitted to having sexual contact with numerous different underage females.  Shaynyuk has been in custody since his arrest on July 10, 2013.

This case was the product of an investigation by the Federal Bureau of Investigation and the Sacramento County Sheriff’s Department. Assistant United States Attorneys Christopher S. Hales and Kyle Reardon prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative 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.justice.gov/psc. Click on the “resources” tab for information about Internet safety.

FRESNO, Calif. —Minerva Sanchez, 48, of Fremont, was sentenced today by Senior U.S. District Judge Anthony W. Ishii to 21 months in prison for conspiring to commit bank fraud, United States Attorney Benjamin B. Wagner announced.  Sanchez also was ordered to pay restitution to financial institutions in the amount of $421,372.

According to court documents, Sanchez was a licensed real estate agent who, beginning in or around March 2010, represented the seller of a home in Patterson, California.  Sanchez recommended that the seller undertake a short-sale of his home using Sanchez’s son as the straw buyer.  The seller, acting on Sanchez’s advice, submitted to Tri Counties Bank and Freddie Mac false and fraudulent short-sale applications, and caused these financial institutions to approve the charge-off of funds for the short-sale of the seller’s home.

With Sanchez’s knowledge, the seller provided the straw buyer with the full purchase price of the home ($355,000).  Sanchez provided the seller with a “hardship letter” for him to use in connection with the short-sale application, which misrepresented the seller’s inability to make his monthly mortgage payments.  In fact, Sanchez knew that the seller could make his monthly mortgage payments with proceeds from a pending sale of other real property he owned.

Sanchez, along with the seller and straw buyer, made other misrepresentations to the financial institutions in connection with the short-sale, including false statements that the transaction was “arm’s length,” and false statements concerning the parties’ hidden agreement that the seller would provide the straw buyer with the purchase money for the short-sale and ultimately regain ownership of his home following the short-sale.  In her plea agreement, Sanchez admitted that her criminal conduct caused the financial institutions to lose more than $316,000.

This case was the product of an investigation by the Federal Housing Finance Agency-Office of Inspector General and the Internal Revenue Service-Criminal Investigation.  Assistant United States Attorney Christopher Baker prosecuted the case.

On June 10, 2013, the seller of the Patterson property, Agustin Simon, 52, of Gustine, pleaded guilty to conspiring to commit bank fraud in connection with this scheme.  He is scheduled to be sentenced on February 23, 2015, before U.S. District Judge Lawrence J. O’Neill.

SACRAMENTO, Calif. — Elise Elizabeth Perez, 42, of North Highlands, California, was sentenced today by United States District Court Judge John A. Mendez to a total term of 32 months in prison for her convictions on four counts of bank fraud, a single count of aggravated identity theft, and two counts of possession of stolen U.S. Mail, United States Attorney Benjamin B. Wagner announced.

This case was investigated by the Sacramento Office of the United States Postal Inspection Service.  The Sacramento County Sheriff's Office also assisted in the investigation.  Assistant United States Attorney Michelle Rodriguez is prosecuting the case.

According to court documents, from April 2014 through May 2014, Perez executed a plan to steal from federally insured financial institutions.  Perez executed her scheme by obtaining identification and financial information stolen U.S. Mail and other sources.   Perez used that information to pose as victims, take over victims' bank accounts, write checks drawn on those accounts, and obtain cash and goods at the expense of various financial institutions.  Perez pleaded guilty on August 19, 2014.

Perez was remanded into federal custody after imposition of her sentence. 

SACRAMENTO, Calif. — Ricky Martin Huerta, 20, resident of Eureka, pleaded guilty today to manufacturing marijuana, United States Attorney Benjamin B. Wagner announced. 

According to court documents, on May 30, 2014, aerial surveillance observed a large marijuana cultivation operation near Big French Creek on the Shasta-Trinity National Forest. On August 5, 2014, authorities raided the Big French Creek site. They located an active marijuana cultivation operation and counted a total of 7,980 growing marijuana plants. Authorities observed defendant Huerta walking from the marijuana garden toward a marijuana processing area. After spotting law enforcement, Huerta ran away down a hill and was apprehended.

This case was the product of an investigation by the United States Forest Service, the Humboldt County Drug Task Force, North State Marijuana Team, and the Trinity County Sheriff’s Office. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.

On January 16, 2015, co-defendants Isidro Alcazar-Tapia and Arturo Alcazar-Tapia pleaded guilty to conspiracy to manufacture marijuana and to depredation of public lands and resources.  Both are in custody.  A fourth co-defendant, Victor Manuel Alvarez-Contreras, is at large.

Huerta is scheduled to be sentenced by Judge Garland E. Burrell, Jr. on May 1, 2015. Huerta faces a maximum statutory penalty of 20 years in prison and a $1,000,000 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.

SACRAMENTO, Calif. — After a 21-day trial, a federal jury found Nadia Kuzmenko, 35, resident of Loomis, Peter Kuzmenko, 36, resident of Sacramento, Edward Shevtsov, 51, resident of Sacramento, and Aaron New, 39, resident of Sacramento, guilty of multiple counts of mail and wire fraud associated with their involvement in a mortgage fraud scheme that cost financial institutions approximately $16 million, United States Attorney Benjamin B. Wagner announced today. 

Peter Kuzmenko, Edward Shevtsov, and Aaron New were also found guilty of money laundering associated with the scheme. Nadia Kuzmenko was also found guilty of witness tampering. 

According to evidence presented at trial, from late 2006 through 2007, the defendants engaged in a mortgage fraud scheme involving over 30 properties in the Sacramento area.  The defendants were responsible for securing more than $26 million in residential mortgage loans on over 30 homes purchased through straw buyers.  Records introduced at trial showed each of these defendants personally received hundreds of thousands or millions of dollars. 

Nadia Kuzmenko was a licensed real estate sales person who, along with her sister Vera Kuzmenko, created fraudulent loan applications on behalf of the straw buyers.  The loan applications contained materially false information as to the straw buyers’ income, employment, assets, and intent to occupy the residences.  The loan paperwork also hid from lenders millions in dollars of payments that went to the defendants.  With respect to the witness tampering count, the evidence showed that after she learned the FBI was investigating her, Nadia Kuzmenko told various witnesses to lie to the FBI and blame a dead woman for the fraud.

Aaron New was a licensed real estate broker who submitted the fraudulent loan applications to lending institutions and convinced home sellers to sign off on fraudulent invoices to divert money out of escrow and to the defendants.  New also served as a straw buyer himself.

Peter Kuzmenko and Edward Shevtsov recruited straw buyers and helped create fraudulent loan paperwork.  They also controlled shell accounts in which millions of dollars were diverted out of escrow based on fraudulent invoices and false representations made to lenders.  Peter Kuzmenko was also a straw buyer himself.

“The defendants convicted today were important players in a network of fraudsters responsible for millions of dollars in losses associated with dozens of inflated property sales using multiple straw buyers,” said U.S. Attorney Benjamin B. Wagner. “As the guilty verdicts in this case demonstrate, mortgage fraudsters who believe they can escape accountability for their crime by blaming others and offering false alibis are mistaken.  Our enforcement efforts in this area are far from done.”

“While today’s verdict is a victory for justice it does not change the fact that these individuals victimized their community and severely damaged the regional economy with their multi-million dollar fraud scheme,” said Assistant Special Agent in Charge John Gliatta for the FBI’s Sacramento field office. “As in this case, the FBI will vigorously investigate large, complex financial fraud to ensure those who are victimizing the community are brought to justice.”

“Mortgage fraud is an incredibly destructive crime that leaves many victims in its wake”, said José M. Martínez, Special Agent in Charge, IRS-Criminal Investigation.  “The impact on homeowners and communities is devastating.  While this verdict cannot reverse the damage caused by these defendants, it highlights the ongoing commitment of IRS-CI to hold accountable those involved in these types of crimes.”

The case is the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation. Assistant U.S. Attorneys Lee S. Bickley and Michael D. Anderson and Special U.S. Attorney David J. Ward are prosecuting the case.

The defendants are scheduled to be sentenced by Judge John A. Mendez on May 26, 2015.  Each defendant faces a maximum statutory penalty of 20 years on each of their counts of conviction for wire and mail fraud.  Nadia Kuzmenko faces an additional 20 years for witness tampering.  Peter Kuzmenko, Edward Shevtsov, and Aaron New face up to 20 years on each of the counts of conviction for money laundering.  Co-defendants Vera Kuzmenko and Rachel Siders are still awaiting trial.

SACRAMENTO, Calif. — A federal grand jury returned a six-count indictment today against Mark McLeod Wygant, 44, resident of Chico, charging him with Sexual Exploitation and Attempted Sexual Exploitation of Minors, United States Attorney Benjamin B. Wagner announced.

According to court documents, from early 2011 to early 2012, Wygant surreptitiously filmed a child on numerous occasions using a hidden cellular telephone and hidden “spy cameras” that he had purchased for that purpose.

This case was the product of an investigation by the Federal Bureau of Investigation and the South Lake Tahoe Police Department.  Assistant United States Attorney Matthew G. Morris is prosecuting the case.

Wygant has been in custody since his arrest on January 29, 2015, by agents of the Federal Bureau of Investigation.  He is scheduled to be arraigned on February 13, 2015, before Judge Carolyn K. Delaney.

If convicted, Wygant faces a maximum statutory penalty of 30 years in prison and a $250,000 fine per count.  Any count of conviction would carry a mandatory minimum sentence of 15 years in prison.  Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the 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.

SACRAMENTO, Calif. — After a three-day trial, a federal jury found Brent Douglas Cole, age 61, resident of Nevada County, guilty of assault on a federal officer with a deadly weapon which inflicted bodily injury; assault on a person assisting a federal officer with a deadly weapon which inflicted bodily injury; and discharge of a firearm during and in relation to a crime of violence, United States Attorney Benjamin B. Wagner announced.  The trial was held before United States District Judge Garland E. Burrell, Jr.

According to evidence presented at trial, on June 14, 2014, a Bureau of Land Management (BLM) Ranger stopped Cole after he observed him driving his vehicle down a brushed-in trail near the South Yuba River campground in Nevada County.  After advising Cole that he could not drive on the trail, the BLM Ranger allowed Cole to leave without issuing him a citation.  After Cole departed, the BLM Ranger traveled up the brushed-in trail and discovered a campsite in a small clearing.  Located within the campsite, among other items, were two motorcycles, one of which had previously been reported stolen and the other had expired registration tags.  The BLM Ranger decided to impound both motorcycles, and subsequently contacted the California Highway Patrol (CHP) to request their assistance.

A short time later, a CHP Officer arrived at the site to assist the BLM Ranger.  While both officers were working in the campsite, Cole emerged from the brush surrounding the campsite and announced that he was coming to get his things.  The BLM Ranger asked Cole if he was armed, and when Cole replied that he was, the BLM Ranger removed his handcuffs.  Cole said he would not allow the BLM Ranger to place the handcuffs on him.  He then drew a Taurus .44 caliber revolver from the right side of his waist, pointed the weapon at the BLM Ranger and fired multiple rounds.  One round struck the BLM Ranger in the left shoulder.  In response to Cole’s actions, both the BLM Ranger and the CHP Officer returned fire.  Cole turned the weapon upon the CHP Officer and fired multiple rounds.  One of the bullets struck the CHP Officer in the right leg.  Cole was struck several times by law enforcement.

After expending his ammunition, and being shot multiple times, Cole told law enforcement he gave up.  The two officers handcuffed Cole, called for assistance, and then rendered medical aid to Cole while waiting for fire and medical emergency services to arrive.  Cole, the BLM Ranger, and the CHP Officer received medical attention and all survived their wounds.

“Protecting members of law enforcement who protect our communities is one of this office’s most important priorities,” said U.S. Attorney Wagner.  “Violence directed at law enforcement officials who are lawfully performing their duties is unacceptable.  As a result of the verdict today Mr. Cole is looking at many years in prison.  We are grateful for the investigative assistance of our federal and state law enforcement partners, and we thank the Nevada County District Attorney’s Office for its essential assistance and cooperation.”

“Assaulting a federal officer and any officer assisting them in their lawful duties is intolerable,” said Assistant Special Agent in Charge Manuel Alvarez of the Federal Bureau of Investigation’s Sacramento field office. “The FBI will thoroughly investigate such egregious and violent crimes to ensure that the perpetrators face justice for the criminal acts they have committed.”

“This violent event underscores the potential dangers BLM officers face every day as we safeguard the public and natural resources,” said Kynan Barrios, BLM California Special Agent In-Charge. “We appreciate the strong support from all of our law enforcement partners, especially the California Highway Patrol and Nevada County Sheriff’s Department whose actions prevented this incident from ending in greater tragedy.” 

“On behalf of the CHP, I wish to extend our appreciation to the Nevada County Sheriff’s Office, the Nevada County District Attorney’s Office, the Federal Bureau of Investigation, the Bureau of Land Management, and the members of the prosecution team and jury,” said CHP Commissioner Joe Farrow.  “Officers across the nation face difficult challenges everyday working towards protecting the people in our communities.  The fluent partnership between local, state, and federal agencies allowed for this case to be appropriately adjudicated.”

This case was the product of a collaborative state and federal investigation involving the Bureau of Land Management, the Federal Bureau of Investigation, the California Highway Patrol, Nevada County Sheriff’s Office, and the Nevada County District Attorney’s Office. Assistant United States Attorneys Michael D. McCoy and Heiko Coppola are prosecuting the case.

Cole is scheduled to be sentenced by Judge Burrell on May 1, 2015. Cole faces a maximum statutory penalty of 20 years on each of his first two counts of conviction.  He faces a term of up to 10 years on the third, which must be served consecutively to any sentence he receives on the first two counts.  He also faces a fine of up to $750,000. 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.

FRESNO, Calif. — Shelley Corkins, also known as Shelley Kimbrell, 38, of Fresno, pleaded guilty today to three counts of wire fraud in connection with her embezzlement of money from the law firm that formerly employed her, United States Attorney Benjamin B. Wagner announced.

According to the plea agreement, Corkins formerly was employed by a Fresno-based law firm as a bookkeeper and accounting department supervisor.  Between January 2008 and May 2012, Corkins abused her access and authority to manage the law firm’s finances and embezzled the law firm’s money for her own personal use.  Corkins used her company credit card to make personal purchases at various retail outlets, including clothing and toy stores, electronically transferred funds from the law firm’s bank accounts to her own, and embezzled the law firm’s petty cash.  Corkins admitted that while employed with the law firm, she embezzled at least $317,000 of the law firm’s money.

This case was the product of an investigation by the Federal Bureau of Investigation.  Assistant United States Attorney Christopher Baker is prosecuting the case.

Corkins is scheduled to be sentenced by Senior U.S. District Judge Anthony W. Ishii on May 11, 2015.  The maximum statutory penalty for each of the three counts of wire fraud is 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 sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables.

FRESNO, Calif. — Armando Mendoza, 21, a Modesto resident, was sentenced today by United States District Judge Lawrence J. O'Neill to 46 months in prison for possession of methamphetamine with the intent to distribute, and Guillermo Paredes, Jr., 26, a Modesto resident, was also sentenced today by Judge O’Neill to 12 months in custody for conspiracy to smuggle bulk cash, United States Attorney Benjamin B. Wagner announced.

According to court documents, Mendoza and Paredes were involved with methamphetamine trafficking from Modesto to Hawaii.  On August 8, 2012, Mendoza took a package containing approximately 1 ½ pounds of methamphetamine to a shipping facility for delivery to Hawaii.  Law enforcement intercepted that package.  On August 16, 2012, Paredes and a companion were arrested at the Honolulu airport while waiting for a return flight to California.  Paredes had about $42,000 cash concealed on his person and in his luggage while his companion had about $29,000 cash similarly concealed.  Law enforcement seized that cash.  

This case was the product of an investigation by the Drug Enforcement Administration, the Stanislaus Drug Enforcement Agency and the Modesto Police Department. Assistant United States Attorney Kevin Rooney prosecuted the case.

Remaining defendants Miguel Leontapia, Eduardo Leon, and Gilberto Leon are scheduled to be sentenced on March 2, 2015, before Judge O’Neill. 

SACRAMENTO, Calif. — Joshua Clymer, 28, of San Francisco, was sentenced today to two years in prison for conspiracy to commit mail and wire fraud in connection with a mortgage fraud scheme, United States Attorney Benjamin B. Wagner announced. Clymer previously pleaded guilty pursuant to a plea agreement.

According to court documents and evidence presented at the trial of co-defendant Leonard Williams, from late 2006 into 2008, Clymer and Williams conspired to carry out a loan origination and property flipping mortgage fraud scheme using the companies Diamond Hill Financial and Bay Area Real Estate Holdings. To carry out the scheme, Clymer and Williams recruited underqualified buyers, including family and friends, to purchase homes with promises of cash back, no money down, and illusory equity in the homes. Clymer and others assisted these home buyers in securing loans with fraudulent loan applications that contained lies about the buyers’ employment, income, assets, and intent to occupy the homes as a primary residence. In most cases the loan applications falsely stated that the buyers worked at Diamond Hill Financial, a company associated with Clymer and Williams. Hundreds of thousands of dollars in home loans were issued as a result.  The profit to Clymer and Williams varied from $5,000 to over $30,000 per transaction, with the two of them often splitting the proceeds.

Clymer’s sentencing marks the last of 14 defendants to be sentenced for mortgage fraud offenses in connection with this and related cases.  Others who have already been convicted and sentenced include Garret Gililland (94 months), Leonard Williams (87 months), Niche Fortune (57 months), Kesha Haynie (46 months), Eric Clawson (37 months), Anthony Symmes (35 months), Carlos Chamorro (27 months), Shane Burreson (23 months), Christopher M. Chiavola (22 months), William E. Baker (18 months), Nicole Magpusao (535 days), Brandon Resendez (9 months), and Remy Heng (6 months home detention). Twelve of the defendants pleaded guilty, including Clymer.  Juries have convicted the two defendants who went to trial, Haynie and Clymer’s coconspirator Leonard Williams.

FRESNO, Calif. — Christine Rose Caraway, 34, of Modesto, pled guilty today to one count of conspiracy to defraud the United States, United States Attorney Benjamin B. Wagner announced. 

According to court documents, from about December 2010 to May 2011, Caraway and her former spouse Heath Roberson obtained personal identifying information from over 40 individuals.  Caraway then used this information to generate false tax returns seeking over $121,000 in tax refunds and submitted them to the IRS.  Caraway and Roberson funneled the tax refunds into accounts they controlled. 

This case is the product of an investigation by the Internal Revenue Service’s Criminal Investigation Division.  Assistant United States Attorney Michael G. Tierney is prosecuting the case.

Roberson pled guilty in April 2014 to one count of conspiring to defraud the United States.  In July 2014, he was sentenced to serve two years, nine months in prison and to pay over $66,000 in restitution to the IRS.

Caraway is in custody and is scheduled to be sentenced by Senior United States District Judge Anthony W. Ishii on April 20, 2015.  She faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

FRESNO, Calif. —James Giulio Davidson, 59, resident of Modesto, California, pleaded guilty today to conspiring to steal government benefits, United States Attorney Benjamin B. Wagner announced. 

According to the plea agreement and court documents, Davidson and his deceased wife and former co-defendant, Shirley Kay Davidson, stole more than $64,000.00 in Supplemental Security Income (“SSI”) benefits and $63,000.00 in In-Home Supportive Services (“IHSS”) from approximately January 2003 to July 2010.  Shirley Kay Davidson created a fake person named Sharon Guinn to act as her and James Davidson’s purported IHSS caretaker.  James and Shirley Davidson regularly filled out false time cards for the purported work provided by Sharon Guinn and then cashed the IHSS wages sent to this fake person for their personal use and benefit. Further, James and Shirley Davidson failed to report this fraudulent source of income to the Social Security Administration (“SSA”) during redetermination interviews for continued SSI benefits. Additionally, James and Shirley Davidson stated to the SSA that they separated in November 2007 when in fact they continued to live together, which increased the amount of SSI benefits they received.  

This case was the product of an investigation by the Social Security Administration, Office of Inspector General. Assistant United States Attorneys Grant B. Rabenn and Michael Tierney are prosecuting the case.

FRESNO, Calif. — Chad Allen Riffle, 22, resident of Citrus Springs, Florida, was sentenced today by United States District Judge Lawrence J. O'Neill to 5 years in prison for structuring cash transactions, United States Attorney Benjamin B. Wagner announced.

According to court documents, Riffle and seven co-defendants opened and maintained bank accounts for the purpose of funneling cash proceeds of drug trafficking from Florida and other states back to California. Riffle made more than $2.5 million in cash deposits in amounts designed to avoid triggering financial institution reporting requirements. 

This case is being brought as part of Operation Footprint, a nationwide law enforcement initiative led by the U.S. Attorney’s Offices, the Internal Revenue Service- Criminal Investigation, the Drug Enforcement Administration, and the United States Postal Inspection Service. Operation Footprint targets large drug trafficking organizations by identifying the transfer of drug proceeds through financial institutions, bulk cash smuggling and other forms of money transfers. Operation Footprint is focused on bringing criminal charges based on Bank Secrecy Act violations in addition to violations of the Controlled Substances Act and the Money Laundering Control Act.

This case is also the product of the Organized Crime Drug Enforcement Task Force (OCDETF), a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies. Assistant U.S. Attorneys Grant B. Rabenn, Patrick R. Delahunty, and Jeffrey Spivak are prosecuting the case. 

FRESNO, Calif. — Cruz Soria, 29, of Bakersfield, California was sentenced today to 5 years in prison for conspiring to manufacture, distribute and possess with intent to distribute marijuana in the Fay Canyon area of the Canebrake Ecological Reserve, U.S. Attorney Benjamin B. Wagner announced.  Soria was also ordered to pay $2,568.85 in restitution to the High Sierra Trail Volunteer Crew for the cost of cleaning up the grow site.
The Canebrake Ecological Reserve is located 10 miles east of Lake Isabella in northeastern Kern County.  It was first inhabited in about 1000 B.C. by the Tubatulabel culture and is currently home to numerous rare and protected plants and animals, including the federally-protected golden and bald eagles and peregrine falcon, the federally-threatened California red-legged frog and Valley elderberry longhorn beetle, and the endangered Southwestern willow flycatcher.
Soria’s sentence follows his guilty plea last year.  In pleading guilty, Soria acknowledged he was responsible for cultivating 454 marijuana plants in the ecological reserve.  Law enforcement officers arrested Soria at the grow site and seized the plants, about twelve pounds of processed marijuana, and a firearm.  The officers also found several highly toxic chemicals, including Fosfuro de Zinc or zinc phosphide, a rat poison illegal to use in the United States without a license, and Furadan, an insecticide banned by the EPA for usage on crops consumed by humans.  Dead coyote, snakes and other animals were found at the grow site.  Upon completion of his prison sentence, Soria will be supervised by the U.S. Probation Office for 4 more years.
This case is the product of an investigation by the U.S. Forest Service, U.S. Department of Homeland Security - Homeland Security Investigations (HSI), California Department of Fish and Game, and Kern County Sheriff’s Office. Assistant United States Attorney Karen Escobar prosecuted the case.

SACRAMENTO, Calif. —Martin Wayne Flanders, 50, formerly of Roseville, and Ligia Sandoval Spafford, 48, of Roseville, pleaded guilty today to mail fraud for their participation in a fraud scheme that targeted distressed homeowners, United States Attorney Benjamin B. Wagner announced.

According to court documents, between 2008 and 2010, Flanders charged clients advance fees in exchange for a number of financial services, including loan modifications, mortgage loan audits, credit repair, debt relief, bankruptcy filings, and a program to sell homes to “investors” with a rent-to-own option. Flanders and Sandoval marketed these services to economically distressed homeowners with particular emphasis on those who were Spanish-speakers. During a radio program aired twice weekly by a Bay Area Spanish-language Christian radio station, Radio Luz, Sandoval promoted the services she and Flanders offered. Flanders also advertised on a Spanish-language television station, Univision, and in Spanish-language magazines. About 98 percent of the defendants’ clients were of Hispanic descent, some of whom spoke little to no English. Sandoval speaks Spanish; Flanders does not.

Flanders and Sandoval made numerous false statements to investors as to the success of the programs being offered or refunds that would be available if the programs were not successful. “Ghost offers” – i.e., fictitious offers to purchase the victim’s property through short sale – and “skeleton bankruptcies” – i.e., sham bankruptcy petitions that were quickly dismissed by the bankruptcy court – were also used by Flanders or Sandoval to try to stall the foreclosure process. At least 25 to 30 individuals paid for services and did not receive them or did not receive refunds when the programs failed to deliver as promised. The total loss to the victims is at least $120,000. Some homeowners who were not able to obtain relief were foreclosed upon by their lenders.

“Flanders and Sandoval took advantage of victims with limited English proficiency,   when those victims were most financially vulnerable,” said United States Attorney Wagner.  “Predatory fraud schemes of this sort have been, and will continue to be, a prime focus of our efforts to prosecute mortgage fraud.”

This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Todd A. Pickles is prosecuting the case.

Flanders has been detained since his arrest in October 2012. Sandoval is currently out of custody.

Flanders and Sandoval are scheduled to be sentenced by United States District Judge Troy L. Nunley on June 11, 2015.  Flanders and Sandoval face 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.

SACRAMENTO, Calif. — Reginald L. Thomas, 39, of Richmond was sentenced today by Chief United States District Judge Morrison C. England, Jr. to 45 months in prison for Conspiracy to Commit Bank Fraud and Aggravated Identity Theft, United States Attorney Benjamin B. Wagner announced.

According to evidence presented at a December trial, from March 2008 until July 2010, Thomas and co-conspirator Deshawn Ray conducted what was described as a multi-state “account takeover” scheme that targeted high-value accounts at several banks. Members of the conspiracy used the personal information of high-value account holders to open a joint account in the names of the high-value account holders and a co-conspirator. The defendants also changed the contact information for the high-value accounts so that the actual account holders would not receive notice of account activity. The defendants then transferred funds from the high-value accounts to the joint accounts and then to individual accounts held by a member of the conspiracy. Members of the conspiracy withdrew the proceeds of the fraudulent transfers in cash, cashiers’ checks or wire transfers before the transfers were noticed by the banks and reversed.

This case was the product of an investigation by the United States Secret Service, the Pinellas County (Florida) Sheriff’s Office, and the Walnut Creek (California) Police Department.  Assistant United States Attorneys Matthew G. Morris and Brian A. Fogerty are prosecuting the case.

Co-defendant Damian Edgerson, 39, of Oakland, previously pled guilty to bank fraud.  He was sentenced to serve 18 months in prison.  Co-defendant Tiffany Tung, 26, of Oakland pled guilty to Accepting a Bribe as a Bank Employee.  Tung is scheduled to be sentenced in May 2015.  She faces a maximum statutory penalty of 1 year in prison and a $100,000 fine.  Co-defendant Deshawn Ray is scheduled to appear before Chief Judge England on February 12, 2015 for a hearing on the schedule for sentencing.  Ray faces a maximum statutory penalty of 30 years in prison and a $1,000,000 fine for his bank fraud convictions, and a mandatory 2 year consecutive prison term for his conviction for Aggravated Identity Theft.  The actual sentences for both Tung and Ray 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, Calif. — A federal grand jury returned three indictments today, separately charging three men with trafficking methamphetamine, United States Attorney Benjamin B. Wagner announced. Assistant United States Attorney Jason S. Hitt is prosecuting the cases.

Alejandro Ortiz-Salas, 37, a citizen of Mexico, is charged with three counts of distributing methamphetamine. According to court documents, Ortiz-Salas sold methamphetamine in the Sacramento area in 2004. After a criminal complaint was issued charging him with distribution, he fled from the Eastern District of California. He was apprehended in December 2014 near the border between Texas and Mexico and brought to Sacramento. This case is the product of an investigation by the Drug Enforcement Administration and the Yolo County Narcotics Enforcement Team. Docket #: 2:15-cr-026 GEB

The following two cases are the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Glenn Interagency Narcotics Task Force, and the California Highway Patrol. Sergio Carrillo-Raygoza, 20, was charged with possessing with intent to distribute methamphetamine. According to court documents, on January 21, 2015, Carrillo-Raygoza was stopped by law enforcement in Glenn County for a traffic violation. Two pounds of methamphetamine was found in his vehicle. Docket #: 2:15-cr-024 KJM

Ulices Beltran, 21, was charged with possessing with intent to distribute methamphetamine. According to court documents, on January 21, 2015, a traffic stop of Beltran resulted in the seizure of two pounds of methamphetamine from his vehicle. Docket #: 2:15-cr-025 KJM

If convicted, all three defendants face a maximum statutory penalty of up to 20 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

FRESNO, Calif. — Two Stockton residents were indicted today for a conspiracy to fraudulently obtain tax refunds, United States Attorney Benjamin B. Wagner announced.

Vivian Marie Williams, 49, was charged with 44 counts of conspiracy, false claims to a government agency, identity theft, and aiding and assisting in the preparation of false and fraudulent tax returns. Darrell Lemont Morris, 43, was charged with one count of conspiracy.

According to the indictment, Williams was a tax preparer who operated out of her home using the business name Williams Financial Service. Between January 2010 and March 2011, Williams allegedly submitted tax returns for both legitimate clients and in the names of victims of identity theft. The tax returns for legitimate clients reported inflated business and wage income, which allowed the taxpayers to claim a higher tax refund as a result of the Earned Income Tax Credit and the Child Tax Credit. The tax returns for victims of identity theft were allegedly submitted without the knowledge of the taxpayers, and allowed Williams to collect tax refunds on their behalf. The indictment alleges that Morris conspired with Williams in the scheme to file tax returns on behalf of victims of identity theft, allowed Williams to use his bank accounts for the deposit of tax refunds, and then shared in the proceeds with Williams.

This case is the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Mark J. McKeon is prosecuting the case.

If convicted, Williams faces a maximum statutory penalty of five years in prison and a $250,000 fine for each count of filing a false claim; 15 years in prison and a $250,000 fine for each count of identity theft; and three years in prison and a $250,000 fine for each count of aiding in the preparation of false tax returns. Williams and Morris each face a maximum statutory penalty of 15 years in prison and a $250,000 fine for conspiracy. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

SACRAMENTO, Calif. — Ivan Espinoza Villafana, 25, a Mexican national, pleaded guilty today to possession of a firearm by an illegal alien, cultivation of marijuana, and depredation of public lands and resources, United States Attorney Benjamin B. Wagner announced.

According to court documents, on August 19, 2014, law enforcement officers entered a marijuana cultivation site near Ice Springs in the Mendocino National Forest in Glenn County where 732 marijuana plants were growing. Villafana was arrested at the site and had a Smith & Wesson revolver in his possession. Officers also found a rifle in the camp area of the site. Significant natural resource damage was observed at the site. Vegetation and trees had been cut and removed to improve growing conditions for the marijuana plants, water was diverted from a nearby stream to water the plants, and fertilizers and pesticides were found at the site which, based on the terrain, would likely have drained into waterways in the National Forest. It is estimated that repairing and rehabilitating the marijuana cultivation site at Ice Springs would cost at least $14,400.

This case is the product of an investigation by the United States Forest Service, Glenn County Sheriff’s Office, and California Department of Fish and Wildlife. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.

Villafana is in custody and is scheduled to be sentenced by United States District Judge Troy L. Nunley on April 16, 2015. Villafana faces a maximum statutory penalty of 20 years in prison and a $1 million fine for the marijuana cultivation charge; 10 years in prison and a $250,000 fine for the possession of a firearm by an illegal alien charge; and 10 years in prison and a $250,000 fine for the depredation of public lands and resources charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

SACRAMENTO, Calif. —Alejandro Soto-Silva, 22, a Mexican national, pleaded guilty today to cultivation of marijuana and depredation of public lands and resources, United States Attorney Benjamin B. Wagner announced.

According to court documents, on July 30, 2014, United States Forest Service agents and Plumas County Sheriff’s deputies entered a large marijuana cultivation site on the Plumas National Forest near the Soda Creek drainage. Officers located more than 3,700 marijuana plants at the site. Soto-Silva was arrested after attempting to flee. The marijuana cultivation caused significant damage to the land and natural resources of the Plumas National Forest. Law enforcement observed irrigation piping running from a water source to man-made reservoirs used to water the thousands of marijuana plants under cultivation. Rehabilitating and remediating the National Forest habitat injured by the marijuana cultivation will cost the U.S. Forest Service at least $9,500.

This case is the product of an investigation by the United States Forest Service and the Plumas County Sheriff’s Office. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.

Soto-Silva is in custody. He is scheduled to be sentenced by United States District Judge Kimberly J. Mueller on April 15, 2015. Soto-Silva faces a maximum statutory penalty of 20 years in prison and a $1 million fine on the marijuana cultivation charge. He faces a maximum statutory penalty of 10 years and a $250,000 fine on the depredation of public lands and resources 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.

FRESNO, Calif. — United States Attorney Benjamin B. Wagner is pleased to announce the 2014 winner of the Eastern District of California Law Enforcement Award for the Fresno Division’s Outstanding Law Enforcement Agency. This award is one of four awards presented annually to a law enforcement agency and an officer in each of the Sacramento and Fresno divisions of the Eastern District of California to recognize outstanding collaboration between federal state and local law enforcement in addressing public safety issues in this region. Other winners of the 2014 United States Attorney’s Office-Eastern District of California Law Enforcement Awards will be announced at a later date.

The winner of Fresno Division’s Outstanding Law Enforcement Agency Award is the Fresno County Sheriff’s Office for their invaluable contribution to an investigation into a major national drug trafficking organization that manufactured and sold synthetic drugs. Synthetic drugs, including synthetic cannabinoids, are illegal and unregulated, and can be highly dangerous. There have been numerous reports of consumers being seriously harmed or even dying as a result of ingesting synthetic cannabinoids.

U.S. Attorney Wagner stated: “Congratulations to the Fresno County Sheriff’s Office on being chosen for this award for their efforts to address an emerging public safety threat. Sheriff’s detectives recognized the significance of a seizure of 12 kilograms of synthetic cannabinoids and contacted federal authorities. The Fresno Sheriff’s Office partnered with federal agencies throughout the intensive long-term investigation that followed. As a result, we were able to identify key members of the organization and dismantle it.”

Narcotics detectives conducted several undercover purchases from head shops in the Fresno area that were distributing synthetic cannabinoids. They worked closely with federal law enforcement agents to investigate a network of persons and businesses that were producing the substances and selling them across the country. The Sheriff’s Office also participated in a nationwide takedown targeting synthetic drug traffickers in June 2013. That effort included multiple search warrants and the seizures of large quantities of illegal substances, cash, and assets.

The investigation focused on Victor Nottoli, who pleaded guilty in federal court here in Fresno in May of last year to conspiracy and causing at least 24 tons of misbranded synthetic cannabinoids to be introduced into interstate commerce. Over $6.4 million in cash and nearly $200,000 worth of other assets were seized. He is expected to be sentenced to federal prison in the near future.

SACRAMENTO, Calif. — Leonard E. Williams, 52, of Sacramento, was sentenced today to over seven years and three months in prison for conspiracy to commit mail and wire fraud and two counts of money laundering, in connection with a mortgage fraud scheme, United States Attorney Benjamin B. Wagner announced. Williams was found guilty on July 24, 2014, by a federal jury after a six–day trial.

At sentencing today, United States District Judge William B. Shubb stated that one of the factors he used in imposing the sentence was Williams' outburst in front of the jury during trial. On the last day of the trial, Williams began shouting at the jury about his case. Judge Shubb asked him to stop talking until the jury could be dismissed. Williams, nevertheless, continued yelling at the jury as they filed out. Today, Judge Shubb characterized the outburst as "unacceptable" and said that Williams had intended to cause a mistrial and mislead the jury about his defense.

According to evidence presented at trial, from late 2006 into 2008, Williams conspired with others to carry out a mortgage fraud scheme in the Chico and Sacramento areas using his companies Diamond Hill Financial and Bay Area Real Estate Holdings. The scheme resulted in the issuance of more than $2 million in home loans, with most of the buyers ultimately defaulting.

To carry out the scheme, Williams and his partner Joshua Clymer recruited underqualified buyers, including family and friends, to purchase homes with promises of cash back, no money down, and illusory equity in the homes. Williams and others assisted these home buyers in securing loans with fraudulent loan applications that contained lies about the buyers' employment, income, assets, and intent to occupy the homes as a primary residence. In most cases, at Williams' suggestion and encouragement, the loan applications falsely stated that the buyers worked at Diamond Hill Financial, and Williams himself maintained the charade by confirming this false information when lenders called to verify it.

The loan applications also listed false assets and were accompanied by various forged documents, which increased the amount of the loans to the buyers, which in turn increased the profits of the fraud to Williams, Clymer, and others. The profit to Williams and Clymer varied from $5,000 to over $30,000 per transaction, with the two of them often splitting the proceeds.

Prior to trial, Clymer pleaded guilty to conspiracy to commit mail and wire fraud and is scheduled to be sentenced on February 9, 2015.

This case is the product of an investigation by the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigation; and the Butte County District Attorney's Office's Major Crimes Unit. Williams is the last of 14 defendants who have been convicted of mortgage fraud offenses in connection with this and related cases. Others who already been convicted and sentenced include William E. Baker, Shane Burreson, Christopher M. Chiavola, Carlos Chamorro, Eric Clawson, Niche Fortune, Garret Gililland, Kesha Haynie, Remy Heng, Nicole Magpusao, Brandon Resendez, and Anthony Symmes. Twelve of the defendants pleaded guilty. Juries have convicted the two defendants who went to trial, Williams and Haynie. Assistant United States Attorneys Christopher S. Hales and Audrey B. Hemesath prosecuted the case.

SACRAMENTO, Calif. — Composite Engineering Inc., a Sacramento-based subsidiary of Kratos Defense & Security Solutions that manufactures remote-controlled subscale aircraft for the U.S. military, has agreed to pay the United States $2 million to resolve allegations that it violated the False Claims Act by submitting inflated costs in connection with a 2007 contract, United States Attorney Benjamin Wagner announced today.

The contract at issue was a firm fixed-price contract modification for the procurement of spare parts to meet the requirements of the Air Force’s Subscale Aerial Target (AFSAT) program. The United States alleges that, in submitting its contract proposal, CEI knowingly or recklessly included significantly overstated materials costs and labor hours, resulting in a windfall to CEI. 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 basing its contract price with the government on overstated materials and labor costs, CEI caused the United States to pay artificially inflated prices.

“In this era of shrinking budgets, it is particularly important to safeguard public coffers against the unnecessary expenditure of taxpayer funds,” said U.S. Attorney Wagner. “Ensuring the integrity of federal contracting programs is one of the objectives of this office’s Affirmative Civil Enforcement Unit, and results like this one help accomplish that objective.”

Deputy Inspector General for Investigations James B. Burch of the Department of Defense, Defense Criminal Investigative Service (DCIS) said: “Fraud directly impacts our armed services’ resources and capabilities. DCIS works closely with our federal investigative partners to identify and bring to justice those seeking to steal from the American taxpayers and harm our armed services. The results of this case will ensure troops can finish their jobs without the burden of shortages created by such opportunists.”

The settlement is the product of an investigation by DCIS, the Defense Contract Audit Agency, and the Air Force Office of Special Investigations. Assistant U.S. Attorney Colleen M. Kennedy prosecuted the case on behalf of the United States. The claims settled by this agreement are allegations only, and CEI denies liability.

FRESNO, Calif. — Emilio Perez-Solis, 39, of Oakland, pleaded guilty today to conspiring to commit criminal copyright infringement and traffic in counterfeit labels, documentation and packaging, United States Attorney Benjamin B. Wagner announced.

According to court documents, Perez-Solis used a building in a rural area of Fresno as a distribution point for counterfeit CDs and counterfeit DVDs. From the building, Perez-Solis sold counterfeit CDs and DVDs, including movies that were only in theatrical release and not yet available on DVD. On February 21, 2014, the building was searched and found to contain approximately 70,000 counterfeit music CDs and movie DVDs.

This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) with assistance from the Fresno County Sheriff’s Office. Assistant United States Attorneys Henry Z. Carbajal III and Patrick R. Delahunty are prosecuting the case.

Perez-Solis is currently in custody, and is scheduled to be sentenced by Judge Lawrence J. O'Neill on April 20, 2015. Perez-Solis 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.

SACRAMENTO, Calif. — A federal grand jury returned a single-count indictment today against Hammurabi Hernandez, 47 and Jorge Medina, 25, both from Bakersfield, charging them with possession with intent to distribute at least 100 grams of heroin, United States Attorney Benjamin B. Wagner announced.

According to the criminal complaint, on December 31, 2014, a California Highway Patrol officer stopped the defendants’ vehicle in Stockton for traffic violations. During a subsequent search of the vehicle, officers found a backpack on the rear floorboard with a white plastic bag containing two smaller plastic bags that contained heroin. The gross weight of the packages containing the heroin was 1.37 pounds (621.42 grams).

This case is the product of an investigation by the California Highway Patrol, the San Joaquin Sheriff’s Office, the San Joaquin Metropolitan Narcotics Taskforce (METRO), the San Joaquin District Attorney’s Office, and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Olusere Olowoyeye is prosecuting the case.

If convicted, Hernandez and Medina face a maximum statutory penalty of 40 years in prison and a $5 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.

SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Sonia Kim, Julius Caubat, Kamaljit Billen, Gurdeep Singh, June Chungil, and Justin Byun, charging them with conspiracy to distribute over five kilograms of cocaine and possession with intent to distribute cocaine, United States Attorney Benjamin B. Wagner announced.

According to court documents, law enforcement began investigating the defendants when a car rental company reported that 20 kilograms of cocaine had been found in the trunk of a rental car that had been returned on December 8, 2014, by Kim. Investigating officers learned that on December 21, 2014, Kim was present at a hotel in Yuba City with Byun, Chungil and Caubat. All the defendants were arrested by police after 60 kilograms of cocaine were transferred to Billen and Singh in the hotel parking lot.

This case is the product of an investigation by the Drug Enforcement Administration and the Sacramento County Sheriff Department’s High Intensity Drug Trafficking Area (HIDTA) Unit. Assistant United States Attorney Paul A. Hemesath is prosecuting the case.

If convicted, the defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

SACRAMENTO, Calif. — Daniel Gomez-Gonzalez, 32, of Mexico, was sentenced today by United States District Judge Troy L. Nunley to three years and one month in prison for growing marijuana in the Lassen National Forest, United States Attorney Benjamin B. Wagner announced.

According to court documents, on July 11, 2014, United States Forest Service agents and Tehama County Sheriff’s deputies raided a marijuana cultivation site near the North Fork Antelope Creek in Tehama County in Lassen National Forest. Law enforcement eradicated a total of 5,287 marijuana plants at the cultivation site. They also found a Remington shotgun, more than 1,000 pounds of trash and various types of fertilizers, insecticides, and animal poisons at the grow site. Gomez-Gonzalez was arrested on a forest trail west of the site. He told law enforcement that he was responsible for spraying, watering, and fertilizing the marijuana plants and that he expected to earn a portion of the profits generated from the marijuana grown at the site.

Co-defendant Eric Perez was arrested the same day in the marijuana cultivation site. Law enforcement had observed Perez watering marijuana plants. Perez pleaded guilty to manufacturing marijuana on October 16, 2014, and on January 15, 2015, Judge Nunley sentenced him to three years and one month in prison.

This case was the product of an investigation by the United States Forest Service and Tehama County Sheriff’s Office. Assistant United States Attorney Christiaan Highsmith prosecuted the case.

SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Hector Manuel Mendoza, 32, of Sacramento, charging him with possessing methamphetamine with intent to distribute and with being a felon in possession of a firearm, United States Attorney Benjamin B. Wagner announced.

According to court documents, on December 30, 2014, Mendoza possessed the methamphetamine and firearm in Sacramento County.

This case is the product of an investigation by the Federal Bureau of Investigation and the Sacramento Police Department. Assistant United States Attorney Jill Thomas is prosecuting the case.

If convicted, Mendoza faces a maximum statutory penalty of life in prison and a $10 million fine for the methamphetamine count and up to 10 years in prison for the firearm 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.

SACRAMENTO, Calif. — Aleksandar Randjelovich, 39, of Fair Oaks, was sentenced today by United States District Judge Troy L. Nunley to eight years and two months in prison for receipt of child pornography, United States Attorney Benjamin B. Wagner announced.

According to court documents, law enforcement agents identified a computer operating out of Randjelovich’s residence offering files of child pornography through a file-sharing network. After executing a search warrant, agents found 1,276 videos and 3,690 images containing child pornography. In Randjelovich’s plea agreement entered on July 3, 2014, he admitted that he would download the files four to six times per week from about September 3, 2008 until October 12, 2012. The files included images of bondage and of toddlers being sexually molested by adults.

“The large volume of child pornography this defendant possessed make it clear he harbored a dangerous sexual interest in children and posed a threat to our community,” said Ray Greenlee, assistant special agent in charge for HSI Sacramento. “This lengthy prison term will prevent him from preying on children and continuing to perpetuate the cycle of victimization that occurs when child pornography is downloaded from the Internet.”

This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Special Assistant United States Attorney Josh F. Sigal prosecuted the case.

Randjelovich was remanded into federal custody after today’s sentencing hearing.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.

SACRAMENTO, Calif. —Joseph Nkunzi, 31, of Des Moines, Washington, was sentenced today by United States District Judge Kimberly J. Mueller to four years and three months in prison for his involvement in a telemarketing scheme that defrauded senior citizens of hundreds of thousands of dollars, United States Attorney Benjamin B. Wagner announced.

According to court documents, beginning in 2011, Nkunzi and others operated a scheme that involved calling senior citizens and telling them they had won a prize. They were told that in order to receive the prize, they first needed to pay taxes and fees. The victims would either mail checks to Nkunzi or would directly deposit checks into bank accounts that he established and controlled. The scam targeted victims throughout California, including residents of Woodland, Stockton, Bakersfield, and Dinuba. When federal agents searched Nkunzi’s home in Washington, they seized a Maserati and a Lexus. In total, the victims lost approximately $850,000 to the scam.

The case first came to the attention of the FBI in April 2013, when it received a referral from the Woodland Police Department regarding a 78-year-old victim of the scam. She had been called by “North American Prize Pool” and told that she had won $8.8 million, but first she had to send $182,000 to various accounts to pay for taxes and fees.

This case was the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation with assistance from the Woodland Police Department. Assistant United States Attorney Michele Beckwith prosecuted the case.

FRESNO, Calif. — United States District Judge Lawrence J. O’Neill sentenced Rebekah Root, 34, of Visalia, today to three years and nine months in prison for wire fraud, making a false claim for a tax refund, and aggravated identity theft, United States Attorney Benjamin B. Wagner announced.

According to court documents, in 2011, Root obtained tax documents that were stolen from an Internal Revenue Service office in Visalia. She used those tax documents to submit false tax returns on behalf of six taxpayers, without their knowledge or permission, and claimed approximately $50,000 in fraudulent tax refunds.

This case was the product of an investigation by the Treasury Inspector General for Tax Administration and IRS Criminal Investigation. Assistant United States Attorneys Patrick R. Delahunty and Grant B. Rabenn prosecuted the case.

FRESNO, Calif. — Timothy Earl Wilson, 46, of Bakersfield, pleaded guilty today to aiming a laser pointer at an aircraft, United States Attorney Benjamin B. Wagner announced.

According to court documents, on March 2, 2014, Wilson pointed a powerful green laser two times at Air-1, a Kern County Sheriff’s Office helicopter while it was flying 500 feet above the ground. As a result of the laser strikes, the tactical flight officer experienced a feeling of pressure, throbbing, and irritation in his eyes that lasted 30 minutes and the flight crew was forced to divert attention away from its law enforcement responsibilities.

The federal statute that makes it a federal crime to knowingly aim the beam of a laser pointer at an aircraft was signed into law in 2012 by President Obama in response to increasing threats posed by laser illuminations of aircraft. Last year, there were 3,894 reported laser strikes in the United States, or 10.67 incidents per day.

Wilson is scheduled for sentencing on March 30, 2015, before Senior United States District Judge Anthony W. Ishii. Wilson faces a maximum penalty of five years in prison and a $250,000 fine, along with forfeiture of the seized lasers. 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 Federal Bureau of Investigation, the Kern County Sheriff’s Office, and the Bakersfield Police Department. Assistant United States Attorney Karen A. Escobar is prosecuting the case.

SACRAMENTO, Calif. —Isidro Alcazar-Tapia, 25, and Arturo Alcazar-Tapia, 21, both of Eureka, pleaded guilty today to conspiracy to manufacture marijuana and depredation of public lands and resources, United States Attorney Benjamin B. Wagner announced.

According to court documents, Isidro and Arturo Alcazar-Tapia conspired to grow more than 20,000 marijuana plants at two sites in the Shasta-Trinity National Forest in Trinity County. The marijuana was packaged for distribution at a house in Eureka. On August 4, 2014, law enforcement executed a search warrant at the defendants’ home in Eureka and found 33 pounds of processed marijuana divided into one pound packages and more than $6,000 in cash. Agents located and destroyed approximately 7,980 marijuana plants at a cultivation site at Big French Creek, and located and destroyed approximately 13,642 marijuana plants at a site at Hobo Gulch Road. The marijuana cultivation caused significant damage to the land and natural resources of the forest that provides habitat for several threatened and endangered animal species.

At the Big French Creek site, agents observed hundreds of holes dug in the dirt containing soluble fertilizer, bags of trash, empty fertilizer bags, propane tanks, and water lines diverting water from a stream into the marijuana garden. Analysts estimate that cleaning the Big French Creek site will cost the U.S. Forest Service more than $4,000. Agents observed similar destruction at the Hobo Gulch Road site. Analysts estimate that cleaning the Hobo Gulch Road site will cost the U.S. Forest Service approximately $13,000.

This case is the product of an investigation by the United States Forest Service, the Humboldt County Drug Task Force, North State Marijuana Team, and the Trinity County Sheriff’s Office. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.

FRESNO, Calif. — Today, a federal grand jury in Fresno indicted two defendants in separate cases with being felons in possession of a firearm, United States Attorney Benjamin B. Wagner announced.

The cases were brought as part of the Project Safe Neighborhoods (PSN) federal initiative. PSN brings together federal, state and local law enforcement to combat gun and gang crime. At the core of PSN is increased federal prosecution to incapacitate chronic violent offenders as well as to communicate a credible deterrent threat to potential gun offenders.

According to the first indictment, police officers conducted a probation search of an apartment in Fresno where Alan Anthonee Amey, 23, was residing after receiving a report that Amey had two guns and was threating to shoot the reporting party. Officers found a loaded Glock 23 .40‑caliber semi-automatic handgun and a loaded Ruger P95 9mm handgun. Amey is prohibited from possessing a firearm after being convicted in Fresno County of domestic violence in 2010 and 2011. Assistant United States Attorney Laurel J. Montoya is prosecuting the case.

The second indictment alleges that on December 6, 2014, Ernie Michael Rodriguez, 39, of Fresno, was stopped by officers when he failed to stop at a stop sign. Officers searched the vehicle and found an AA Arms, model AP9, 9mm firearm. The firearm had a high capacity magazine that contained 26 rounds of live ammunition. The vehicle had been reported stolen the previous day. Rodriguez is prohibited from possessing a firearm. Assistant United States Attorney Kimberly A. Sanchez is prosecuting the case.

If convicted, the defendants face a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges against defendants are only allegations and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.