FEDERAL DISTRICT ARCHIVE
Eastern District of California
Press releases recorded for this federal judicial district.
Stockton Man Pleads Guilty to Illegally Selling FirearmsRead the Press Release
SACRAMENTO, Calif. —Donovan Torres, 21, of Stockton, pleaded guilty today to illegally selling firearms, United States Attorney Benjamin B. Wagner announced.
According to court documents, on January 15, 2014, Donovan Torres participated in the illegal sale of three firearms to an undercover special agent working with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. Then, on January 31, 2014, Torres sold the agent a Masterpiece Arms MPA30, 9mm pistol for $1,350. And on February 13, 2014, Torres met with a second undercover ATF agent and sold him an Izhmash Saiga, .223‑caliber rifle for $1,600. These illegal gun sales all took place inside a residence in Stockton. Torres did not have a federal license to sell firearms.
This case is the product of an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.
Donovan Torres is scheduled to be sentenced by United States District Judge Morrison C. England Jr. April 9, 2015. He faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Sacramento Drug Dealer Sentenced to More Than 21 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — John Winton Harris, 31, of Sacramento, was sentenced today by United States District Judge Morrison C. England Jr. to 21 years and 10 months in prison for possessing more than 163 grams of crack cocaine, United States Attorney Benjamin B. Wagner announced.
According to evidence presented at trial, Sacramento police officers responded to a domestic violence complaint at an apartment complex in Sacramento. When the officers entered the apartment, they found Harris crouched in the kitchen area. He was moved to a different location in the apartment, and when officers found a large amount of cocaine base where he had been crouching in the kitchen, Harris attempted to flee. Harris claimed he did not live in the apartment, but officers found mail addressed to him at that address, as well as other personal items belonging to him in the apartment. Harris’s cellphone revealed photographs of Harris in the same apartment with a large amount of currency only days before, as well as text messages indicating he was involved in the distribution of cocaine base that very week.
The sentence imposed on Harris was based not just upon the circumstances of his offense, but also his substantial criminal history, which rendered him a career criminal under federal law. Another factor the court considered in imposing sentence was the finding that Harris obstructed justice by testifying falsely at a hearing held during his trial.
This case was the product of an investigation by the United States Drug Enforcement Administration and the Sacramento Police Department. Assistant United States Attorneys Todd Pickles and Chris Highsmith prosecuted the case.
Butte County Man Pleads Guilty to Drug Trafficking and Being A Felon in Possession of A FirearmRead the Press Release
SACRAMENTO, Calif. — Seth Michael Bertolini, 44, of Chico, pleaded guilty today to one count of being a felon in possession of a firearm and one count of drug trafficking, United States Attorney Benjamin Wagner announced.
This case is the product of an investigation by the Federal Bureau of Investigation, the Chico Police Department, and the Butte County Sheriff’s Office. Assistant U.S. Attorney Michelle Rodriguez is prosecuting the case.
According to court documents, on June 4, 2014, law enforcement officers in Chico stopped Bertolini for driving with his car’s radio system playing too loudly. Bertolini emerged from his car appearing animated and agitated and he initially squared off to fight before turning and fleeing. After a foot pursuit, officers arrested Bertolini and found over 35 grams of packaged heroin on his person and in his car and a fully loaded Smith and Wesson .32 caliber revolver. During a later search of Bertolini's residence, more heroin, trafficking paraphernalia, and another gun were found. Bertolini has suffered multiple prior felony convictions.
Bertolini is scheduled to be sentenced on April 16, 2015, by U.S. District Judge Troy L. Nunley. Bertolini faces a maximum sentence of 10 years in prison for the gun offense and up to 20 years in prison for the drug trafficking offense. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Sacramento Man Sentenced to over 13 Years in Prison for Sex Trafficking of a MinorRead the Press Release
SACRAMENTO, Calif. — Lonnell McCarter, 39, of Sacramento, was sentenced today by United States District Judge William B. Shubb to 13 years and one month in prison for participating in a sex trafficking venture that involved a child prostitute, United States Attorney Benjamin B. Wagner announced. After his release, McCarter will be subject to supervision for an additional twenty years.
According to court documents, in October 2010, McCarter took part in pimping a 13‑year-old child and an adult in the Sacramento area and also during a three-day trip from California to Reno, Nevada. During his involvement with the minor, McCarter took part in advertising the child for prostitution, purchased bus tickets for the minor to travel across state lines, and collected the money that the child and the adult prostitute received from customers in California and Nevada.
“Lonnell McCarter preyed upon and entrapped a 13-year-old girl in a lifestyle dominated by exploitation and abuse as she was sold for sex in both California and Nevada,” said Supervisory Special Agent Maria Johnson of the FBI’s Sacramento field office. “The FBI is committed to identifying, investigating, and arresting anyone who traffics a child. Our goal is to disrupt the cycle of coercion and violence by providing their victims a chance of a healthy and happy future.”
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Matthew Morris prosecuted the case.
Kern County Man Sentenced for Counterfeiting U.S. CurrencyRead the Press Release
FRESNO, Calif. — Alfonso Castellon, 41, of Bakersfield, was sentenced today to two and a half years in prison by Senior United States District Judge Anthony W. Ishii for counterfeiting U.S. currency and possessing images for counterfeiting purposes, United States Attorney Benjamin B. Wagner announced.
According to court documents, from January 2011 to March 2014, Castellon created counterfeit Federal Reserve Notes in $100 and other denominations. In March 2014, a search of his residence revealed sample images of $100 bills and computer equipment, printers, and ink associated with counterfeiting, along with a flash drive containing images of $100 bills. Castellon estimated he produced approximately 20 counterfeit $100 bills per week, or approximately $100,000 per year.
This case was the product of an investigation by the United States Secret Service, the Kern County Sheriff’s Office, and the Bakersfield Police Department. Assistant United States Attorney Michael G. Tierney prosecuted the case.
Fourth Man Enters Guilty Plea Relating to Large Sequoia National Forest Marijuana GrowRead the Press Release
FRESNO, Calif. — David Arreola Villareal, 29, of Michoacàn, Mexico, pleaded guilty today to conspiring to manufacture, distribute and possess with intent to distribute marijuana grown on public land and possessing a firearm in furtherance of the conspiracy, U.S. Attorney Benjamin B. Wagner announced.
According to the plea agreement, Arreola and co-defendants Hernan Cortez‑Villaseñor, 40, Homero Pacheco-Rivera, 22, Alfonso Cornejo, 32, and Jose Luis García-Villa, 22, also of Michoacàn, Mexico, conspired to grow approximately 8,876 marijuana plants in the Greenhorn Creek area of the Sequoia National Forest in Kern County. Arreola possessed a 9 millimeter semi-automatic handgun when he was arrested at the grow site.
In pleading guilty, Arreola also agreed to compensate the U.S. Forest Service for the extensive damage to the land and natural resources caused by the cultivation. Native oak trees and other vegetation were cut down or otherwise killed to make room for the marijuana plants. The soil was tilled, and fertilizers and pesticides, including Fosfuro de Zinc, an illegal rat poison, were spread throughout the site. Fosfuro de Zinc contains zinc phosphide, a highly toxic chemical that can sicken or kill human beings. When Arreola was apprehended, he was sick and had to be air-lifted out of the grow site. According to Arreola, several other growers had previously left the site, because they were sick.
Arreola is scheduled for sentencing on March 23, 2015, before Senior U.S. District Judge Anthony W. Ishii. He faces a maximum prison sentence of five years for the drug conspiracy and a mandatory consecutive prison term of five years for the gun 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.
Cortez-Villaseñor, Cornejo, and García-Villa previously entered guilty pleas. Cortez-Villaseñor was sentenced to a 10-year prison term, while Cornejo and García-Villa were both sentenced to prison terms of three years and 10 months. Pacheco-Rivera is a fugitive.This case is the product of an investigation by the U.S. Forest Service, the U.S. Drug Enforcement Administration, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the U.S. Environmental Protection Agency Criminal Investigation Division, and the Kern County Sheriff’s Office. Assistant United States Attorney Karen Escobar prosecuted the case.
Additional Charges in Ongoing National Guard Recruiting-Fraud InvestigationRead the Press Release
SACRAMENTO, Calif. — Steel A. Davis, 42, of Paradise, was arraigned today in federal court, charged with wire fraud in a scheme to obtain bonuses for purportedly referring individuals to enlist in the California National Guard, United States Attorney Benjamin B. Wagner announced. Davis pleaded not guilty to the charges.
According to court documents, the United States Army contracted with a company called Document and Packaging Broker Inc. (DOCUPAK) to administer the Guard Recruiting Assistance Program (G-RAP). Under G-RAP, members of the California National Guard served as Recruiting Assistants. If a Recruiting Assistant referred a potential Guard member to a recruiting office and that person ultimately enlisted, the Recruiting Assistant was eligible to receive monetary compensation disbursed by DOCUPAK.
According to the indictment, Davis, who was a recruiter with the California National Guard at the time, is alleged to have given recruits’ information to recruiting assistants, who would then file false claims with DOCUPAK that they had referred the recruits to join the Guard when, in fact, the recruits had joined on their own initiative. When the compensation was received, Davis is alleged to have then split the proceeds of the fraud with the recruiting assistants.
This case is the product of an ongoing investigation by the Army Criminal Investigative Command Major Procurement Fraud Unit, the Defense Criminal Investigative Service, and the Federal Bureau of Investigation. Assistant United States Attorney Matthew G. Morris is prosecuting the case.
If convicted, Davis faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
In May 2014, eight other National Guard soldiers were indicted in Sacramento and Fresno. Two of those defendants have pleaded guilty. The remaining cases are pending. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.Riverside County Man Pleads Guilty to Conspiracy to Grow Marijuana and Setting Fires in National ForestRead the Press Release
FRESNO, Calif. — Edgardo Fournier, aka Edgardo Fournier-Nigaglioni, 46, of Perris, pleaded guilty today to conspiring to manufacture, distribute and possess with intent to distribute marijuana, and setting timber afire in the Sequoia National Forest, U.S. Attorney Benjamin B. Wagner announced.
According to the guilty plea, from about April 1, 2014 to July 12, 2014, Fournier helped water and tend 2,090 marijuana plants at a grow site in the Smith Canyon area of the Sequoia National Forest in Kern County. He admitted that on July 11 and 12, he lit fires in the vicinity of the grow site within the boundaries of the federally designated Kiavah Wilderness Area. The fires converged and became known as the Nicolls Fire. The Nicolls Fire destroyed about 1,680 acres of public land causing over $6.5 million of damage. The fire did not damage the marijuana cultivation site, which also caused significant damage to the land and natural resources of the forest.
Fournier is scheduled for sentencing on March 30, 2015. He faces a prison term of between five and 40 years for the drug conspiracy and up to a $5 million fine. The arson charge carries a maximum penalty of five years in prison and $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.
This case is the product of an investigation by the U.S. Forest Service, the U.S. Bureau of Land Management, and the Kern County Sheriff’s Office. Assistant United States Attorney Karen A. Escobar is prosecuting the case.
Jury Finds Sacramento Man Guilty of Sex TraffickingRead the Press Release
SACRAMENTO, Calif. — Late Tuesday evening, a federal jury found a Sacramento man guilty of five counts of sex trafficking related to five victims, United States Attorney Benjamin B. Wagner announced.
After an 11-day trial before U.S. District Judge Troy L. Nunley, Percy Love III, 32, was convicted of three counts of sex trafficking by force, fraud and coercion, one count of sex trafficking of a minor, and one count of attempted sex trafficking of a minor.
This case is the product of an investigation by the FBI’s Child Exploitation Task Force, a multijurisdictional task force composed of representatives from the FBI and the Sacramento Police Department, with assistance from the Sacramento County District Attorney’s Office. Assistant United States Attorneys Michele Beckwith and Jason Hitt are prosecuting the case. Assistant U.S. Attorney Kyle Reardon, formerly with this office, prosecuted the case pretrial.
According to evidence produced at trial, Love targeted vulnerable young women and underage girls to work as prostitutes for him since at least 2007. The testimony of witnesses at trial, including the victims, revealed a pattern of conduct where Love used charm to recruit and brute force to control the women and girls who worked for him.
According to court documents, on July 22, 2013, Sacramento police officers were called to a report of domestic violence and found Love asleep in the front seat of a car with a woman, whose sister had called in the report. The woman explained to officers that she was in a “working relationship” with Love. She claimed that Love had beaten her many times, and she had bruises and cigarette burns on her hand, arm and stomach. Love was arrested that night for domestic violence and possession of Ecstasy.
On September 12, 2013, a federal grand jury indicted Love, charging him with two counts of sex trafficking by force, fraud, or coercion. After further investigation revealed more victims, a superseding indictment was brought on March 13, 2014. Love has been in custody since his arrest and represented himself during trial.
Sentencing is scheduled for March 12, 2015, before Judge Nunley. Love faces 15 years to life in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Fresno Man Sentenced for Possession of Stolen MailRead the Press Release
FRESNO, Calif. — United States District Judge Lawrence J. O’Neill sentenced Bee Yang, 31, of Fresno, today to 20 months in prison for unlawful possession of stolen mail, United States Attorney Benjamin B. Wagner announced.
According to court documents, on January 5, 2012, Yang was in possession of stolen mail that included stolen checks totaling approximately $36,000 from at least 250 victims. Additionally, Yang was also in possession of items used to steal mail and chemicals that could be used to erase previously written checks so that the payee and amount of a check could be rewritten.
This case was the product of an investigation by the United States Postal Inspection Service. Assistant United States Attorney Patrick R. Delahunty prosecuted the case.
Fresno Man Pleads Guilty to Possession of Child PornographyRead the Press Release
FRESNO, Calif. — Shane Paul Young, 44, of Fresno, pleaded guilty today to one count of possession of child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, between February 2012 and October 2012, Young possessed more than 600 images of child pornography. Some of the images depicted prepubescent minors, and some were of violence or sadistic or masochistic conduct. He initially told investigators that he did not possess any child pornography, but later he conceded that he had been communicating with registered sex offenders and had saved images of child pornography on several DVDs that he had labeled “Turn in to DOJ.” He explained that he had intended to turn over the material to appropriate people at some time.
Young is scheduled to be sentenced by U.S. District Judge Lawrence J. O’Neill on March 30, 2015. Young faces 10 to 20 years in prison, a $250,000 fine, and a lifetime term of supervised release. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. Young has been in custody as a danger to the community and a flight risk since his initial federal court appearance on April 9, 2013.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Fresno County Sheriff’s Office and the Central Valley Internet Crimes Against Children Task Force. Assistant United States Attorney David Gappa is prosecuting the case.
The case is 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.justice.gov/psc. Click on the “resources” tab for information about Internet safety education.
Two Fresno Men Indicted for Firearm Possession After Being Convicted of A FelonyRead the Press Release
FRESNO, Calif. — A federal grand jury in Fresno returned two indictments yesterday charging two defendants with possessing a firearm after being convicted of a felony, United States Attorney Benjamin B. Wagner announced.
According to the first indictment, officers conducted a probation search at the residence of Kenneth Benton, 26, of Fresno, and found a loaded 9mm Luger firearm on a shelf next to a bag containing 13 rounds of ammunition. Benton was convicted of felonies in Fresno County Superior Court in 2007, 2008, and 2014, and is prohibited from possessing a firearm. This case is the product of an investigation by the Fresno Police Department’s Violent Crime Impact Team (VCIT).
According to the second indictment, officers conducted a probation search of the residence of Juan Carlos Negrete, 23, of Fresno, and found a loaded 40‑caliber semi‑automatic handgun. Negrete was convicted of felonies in Fresno County Superior Court in 2011 and 2012 and is prohibited from possessing a firearm. This case is the product of an investigation by the Multi-Agency Gang Enforcement Consortium (MAGEC).
If convicted, Benton and Negrete each face up to 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt. Assistant United States Attorney Laurel J. Montoya is prosecuting both cases.
Seven Defendants Sentenced Recently for Roles in Nationwide Foreclosure Rescue ScamRead the Press Release
SACRAMENTO, Calif. — Seven defendants were sentenced recently for a huge mortgage fraud scheme that was charged in 2008. A federal grand jury brought two indictments that charged 19 people in a fraud scheme that promised to help homeowners avoid foreclosure and repair their credit. Most defendants have pleaded guilty or have been convicted by juries. The leaders, brothers Charles Head and Jeremy Michael Head, have been sentenced to 35 years and 10 years in prison respectively.
On December 10, 2014, United States District Judge Kimberly J. Mueller sentenced Benjamin Budoff to four years in prison. Judge Mueller sentenced, Leonard Bernot to 18 months in prison on Monday; on Wednesday, sentenced Akemi Bottari, on to three years’ probation; and on Thursday, sentenced Omar Sandoval to four years and 10 months in prison and Lisa Vang to three years’ probation. On Friday, Judge Mueller sentenced Andrew Vu to six months in prison, to be followed by six months of home detention, and Sarah Mattson was sentenced to three months of home detention.
In November, Kou Yang was sentenced to four years in prison, Joshua Coffman was sentenced to 20 months in prison, Justin Wiley was sentenced to 18 months in prison, and Elham Assadi was sentenced to six months of home detention.
According to court documents, the Head brothers and their associates solicited homeowners facing foreclosure, promising them that they would help the homeowners avoid foreclosure and repair their credit. Instead, through misrepresentations, fraud and forgery, the defendants substituted straw buyers for the victim homeowners on the titles of properties without the homeowners’ knowledge. These straw buyers were often friends and family members of the defendants. Once the straw buyers were on title to the homes, the defendants applied for mortgages to extract the maximum available equity from the homes. The defendants then shared the proceeds of the ill-gotten equity and the “rent” that the victim homeowners paid them. Ultimately, the victim homeowners were left with no home, no equity, and with damaged credit ratings. Between January 2004 and March 2006, the scam netted more than $15 million in fraudulently obtained funds from scores of homeowners, many of whom were in California.This case is the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. Assistant United States Attorneys Michael D. Anderson and Matthew G. Morris are prosecuting the case.
To date, all but four of the 19 defendants have been sentenced: Charges were dismissed against one defendant, one defendant is scheduled to be sentenced in January 2015, and charges remain pending against two defendants.
This case was part of the President’s Financial Fraud Enforcement Task Force, established to wage an aggressive, coordinated effort to investigate and prosecute financial crimes. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes. For more information on the task force, please visit www.StopFraud.gov.
Reno Man Pleads Guilty to Possession of Marijuana with Intent to DistributeRead the Press Release
SACRAMENTO, Calif. —Kevin Dennis Golden, 39, of Reno, Nevada, pleaded guilty today to possession of marijuana with intent to distribute, United States Attorney Benjamin B. Wagner announced.
According to court documents, on December 14, 2012, law enforcement agents went to the Lincoln airport as part of an investigation into a suspicious Cessna airplane that had been making frequent flights from California to the Midwest and East Coast. After the plane landed, the pilot was seen going into the pilot’s lounge. Approximately an hour later, Golden drove up to the airplane and removed three black suitcases and a backpack from his vehicle and placed them inside the airplane. Golden then drove to a nearby parking lot, parked, and walked back to the airplane. When agents approached Golden at the plane, they obtained consent from Golden to look inside the suitcases. They discovered multiple vacuum-sealed bags of marijuana. An additional bag of marijuana was found in the smaller backpack that also contained Golden’s identification. A total of 40 kilograms (88 pounds) of marijuana were taken out of the suitcases and backpack.
“The use of private planes and small private airports to distribute controlled substances is a known and continuing problem within the Eastern District of California,” U.S. Attorney Benjamin Wagner stated. “Persons involved in such activity should understand that they face prison, large fines, and, in appropriate cases, forfeiture of vehicles and aircraft used to engage in such activity.”
This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with the assistance of the Lincoln Police Department and the Placer County Sheriff’s Office.
Golden is scheduled to be sentenced by United States District Judge Garland E. Burrell Jr. on March 27, 2015. Golden faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined by the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.- Iron Mountain Companies Agree to Pay $44.5 Million to Settle Alleged False Billing for Storing Government Documents and Data
Defendant in Extensive Marriage Fraud Scheme Pleads GuiltyRead the Press Release
SACRAMENTO, Calif. —Sippy Lal, 61, of Sacramento, pleaded guilty today to conspiring to induce aliens to illegally enter the United States for private financial gain, United States Attorney Benjamin B. Wagner announced.
According to court documents, Lal and his co-defendants Mamta Sharma and Rani Singh-Lal were involved in an elaborate immigration-fraud scheme involving foreign nationals from India who paid to enter into sham engagements or marriages with locally recruited U.S. citizens in an effort to legalize their immigration status. The citizens recruited by Lal were paid thousands of dollars to fly to India, meet and take pictures with a purported spouse, and sometimes enter into actual marriages (albeit often using aliases). Thereafter, fraudulent petitions were filed with the United States seeking visas allowing the Indian citizens to enter and reside within the United States. On at least one occasion, after an alien entered on a fraudulent fiancé visa procured through the scheme, Lal paid a U.S. citizen to further participate by entering into a sham marriage with the alien in Sacramento.
Co-defendant Sharma used various aliases to pose as a U.S. citizen in connection with five different petitions filed since 2008, despite the fact that she is not a U.S. citizen and despite the fact that she was married to Lal throughout that time period. Similarly, co-defendant Singh-Lal posed as the petitioner with respect to three different petitions, all filed with slight variations on her true name.
According to Lal’s plea agreement, well over 25 fraudulent petitions were submitted to immigration authorities as a result of the conspiracy, and at least nine Indian nationals entered the United States and were, at least for some period of time, able to avoid detection.
Co-defendants Sharma and Singh-Lal previously entered guilty pleas and were sentenced to terms of imprisonment of 24 months and 27 months, respectively.
Lal is scheduled to be sentenced by United States District Judge Garland E. Burrell Jr. on March 6, 2015. The plea agreement contemplates a sentence of two years. The actual sentence, however, will be determined at the discretion of the court at the hearing.
This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), United States Citizenship and Immigration Services – Fraud Detection and National Security Unit, and the California Department of Justice – Bureau of Investigation and Intelligence. Assistant United States Attorneys Michele Beckwith and Philip Ferrari are prosecuting the case.Clovis Man Convicted for Trafficking Child PornographyRead the Press Release
FRESNO, Calif. — Senior United States District Judge Anthony W. Ishii today found Todd Douglas Udall, 49, of Clovis, guilty of one count of attempted and actual distribution and receipt of child pornography, United States Attorney Benjamin B. Wagner announced. The guilty verdict came at the conclusion of a trial before Judge Ishii that began earlier this week.
According to a criminal complaint, Udall came to the attention of the Clovis Police Department when a 13-year-old girl disclosed that Udall had been sending her sexually themed electronic text messages. He sent messages to her cellphone and communicated with her through Facebook. Investigators obtained a warrant to search Udall’s residence, and they located a laptop computer, a desktop computer, and an external hard drive. When those items were reviewed, investigators discovered that Udall had been engaging in sexually explicit chat communications with dozens of people, many purporting to be minors, at various locations in and outside of the United States. Many of the chats discussed the receipt and distribution of images of child pornography as well as the desire to engage in sexual activities with children. Judge Ishii found, based on evidence introduced at the trial, that Udall had received and distributed numerous images of child pornography on dates from as early as February 2007 until just prior to the seizure of his computers on September 23, 2009. Udall has been in federal custody since his initial appearance in federal court on July 21, 2010, as both a danger to the community and a flight risk.
The court has scheduled a sentencing hearing for March 16, 2015, at 10:00 a.m. Udall faces a minimum prison term of five years with a maximum term of 20 years as well as a potential $250,000 fine and a lifetime term of supervised release. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was the result of an investigation by the Clovis Police Department. Assistant United States Attorneys David Gappa and Megan Richards prosecuted the case.
The case is 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.justice.gov/psc. Click on the “resources” tab for information about Internet safety education.Three Men Indicted by A Federal Grand Jury for Conspiracy to Distribute over 10 Pounds of HeroinRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Julio Perez, 32; Rafael Legorreta, 34, both of Bakersfield; and Francisco Rivera, 29 of Palmdale, charging them with conspiracy to distribute heroin and possession with intent to distribute heroin, United States Attorney Benjamin B. Wagner announced.
According to court documents, on December 2, 2014, law enforcement officers conducted an authorized search of Perez’s home, and found Perez, Legorreta, and Rivera in the locked basement of the residence with approximately 12 lbs. of heroin, packaging material, zip lock bags, digital scales, metal strainers, a blender, drug paraphernalia, and other items.
This case was the product of an investigation by the Federal Bureau of Investigation and the Kern County Sheriff’s Office Gang Suppression Unit. Assistant United States Attorney Brian K. Delaney is prosecuting the case.
If convicted, each defendant faces a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Solano County Violent Gang Safe Streets Task Force Efforts Result in Three Federal Indictments for Firearm ChargesRead the Press Release
SSACRAMENTO, Calif. — Michael Quesenberry, 26, of Sacramento; Ignacio Hernandez, 37, of Vallejo; and Rahson Woods, 35, of Vallejo, were charged today by a federal grand jury in separate indictments with being a felon in possession of a firearm, United States Attorney Benjamin B. Wagner announced.
Each defendant was found to be in possession of a firearm after having been convicted of one or more felonies. Hernandez was also charged with possession with intent to distribute methamphetamine.
If convicted, each defendant faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
These cases are the products of investigations by the Solano County Violent Gang Safe Streets Task Force, which includes the Federal Bureau of Investigation, the Solano County Sheriff’s Office, Vallejo Police Department, the California Highway Patrol, and the Solano County District Attorney’s Office. Assistant United States Attorney Olusere Olowoyeye is prosecuting the cases.
The Solano County Violent Gang Safe Streets Task Force is part of the FBI-sponsored Safe Streets Initiative that combines the efforts of federal, state, and local agencies in an effort to stop violent felons from endangering our communities.
Placerville Business Owner Sentenced for Filing False Tax ReturnsRead the Press Release
SACRAMENTO, Calif. — United States District Judge Morrison C. England Jr. sentenced Thomas W. Stringfellow, 55, of Placerville, today to 18 months in prison and ordered to pay $687,182 in restitution for willfully making false tax returns, United States Attorney Benjamin B. Wagner announced.
According to court documents, from 2006 through 2010, Stringfellow underreported his business income on tax returns by more than $1.1 million, and underreported his personal income on tax returns by more than $1 million. Stringfellow owned New Horizon Painting, and rather than depositing all of the business checks into the appropriate accounts, he cashed some of the checks and did not report those amounts as income. In total, Stringfellow’s underreporting of his business income and his personal income led to a tax loss of more than $687,000.
This case was the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Jean M. Hobler prosecuted the case.Lathrop Man Sentenced to over 8 Years in Prison for Methamphetamine TraffickingRead the Press Release
SACRAMENTO, Calif. — Jonathan Garcia, 24, of Lathrop, was sentenced today by United States District Judge Morrison C. England, Jr. to eight years and five months in prison for possession with the intent to distribute methamphetamine, United States Attorney Benjamin B. Wagner announced.
According to court documents, on May 7, 2013, Garcia drove to a residence in Manteca to deliver methamphetamine to a buyer. When he arrived, he was met by law enforcement officers who searched his car and found approximately 103 grams of 99% pure crystal methamphetamine in the center console and a loaded gun. During a subsequent search of Garcia’s residence, officers found an additional 110.8 grams of methamphetamine.
“As this lengthy sentence makes clear, trafficking methamphetamine is a serious offense that will be punished with the full weight of the law,” said Kim Wong, resident agent in charge HSI Stockton. “Left unchecked, this highly dangerous substance destroys lives and wreaks havoc on entire communities. HSI, together with its federal, state and local law enforcement partners, is committed to using every tool and authority at its disposal to combat the menace posed by meth.”
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Manteca Police Department. Assistant United States Attorney Christiaan Highsmith prosecuted the case.
Business Partners Plead Guilty to Running Multi-million Dollar Foreclosure Rescue Scam in Bakersfield, Visalia and SalinasRead the Press Release
FRESNO, Calif. — Juan Ramon Curiel, 36, of Visalia, pleaded guilty today to conspiracy to commit mail fraud and bankruptcy fraud in connection with a foreclosure rescue scheme he orchestrated, United States Attorney Benjamin B. Wagner announced. Curiel’s co-defendant and business partner, Santiago Palacios-Hernandez, 45, of Salinas, pleaded guilty to the same conspiracy charge last week.
According to court documents, Curiel and Palacios-Hernandez operated Star Reliable Mortgage, with offices in Bakersfield, Visalia and Salinas. Between August 2010 and October 2011, Curiel and Palacios-Hernandez conspired to defraud homeowners and lenders by offering clients a purported “loan elimination” program that would enable homeowners to own their homes “free and clear” of any loans or mortgages.
Curiel and Palacios-Hernandez charged clients upfront fees ranging from $2,500 up to $4,500 and additional monthly fees and told their clients to stop paying their mortgages. Curiel and Palacios-Hernandez filed various fraudulent documents at county recorders’ offices on behalf of the clients supposedly replacing the legitimate trustees with fictitious trusts affiliated with the defendants or documents that transferred the property to a bankruptcy debtor all in an effort to “cloud title” and halt or stall the foreclosure process. Because foreclosures were stalled, clients continued to pay the monthly fees to defendants believing that their services were legitimate and successful. Instead of owning their homes “free and clear,” however, many of the clients lost their homes in foreclosure.
Curiel and Palacios-Hernandez admitted in their plea agreements that their criminal conduct caused losses of more than $2.5 million. Curiel separately admitted in his plea agreement that he fraudulently filed bankruptcy for one of his clients.
This case is the product of an investigation by the Federal Bureau of Investigation and the Tulare County District Attorney’s Office. Assistant United States Attorneys Christopher Baker and Patrick Delahunty are prosecuting the case.
Curiel and Palacios-Hernandez are scheduled to be sentenced by U.S. District Judge Lawrence J. O’Neill on March 9, 2015, and February 23, 2015, respectively. The maximum statutory penalty they face for conspiracy to commit mail fraud is 30 years in prison and a $1 million fine. Curiel additionally faces a maximum statutory penalty of five years in prison and a $250,000 fine for the bankruptcy fraud conviction. The actual sentences, 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.
This announcement was done in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. For more information on the task force, please visit www.StopFraud.gov.
Auburn Man Sentenced to 18 Months in Prison for Lying to Obtain Workers’ Compensation FundsRead the Press Release
SACRAMENTO, Calif. — Bruce Lee Cearlock, 79, of Auburn, was sentenced today by United States District Judge Troy L. Nunley to 18 months in prison for making false statements to obtain federal employee’s compensation, United States Attorney Benjamin B. Wagner announced. Cearlock was also ordered to pay restitution of over $73,000.
This case was the product of an investigation by the Department of Defense, Defense Criminal Investigative Service (DCIS), Sacramento; the Naval Criminal Investigative Service (NCIS); and the United States Department of Labor – Office of the Inspector General. Assistant United States Attorney Jean M. Hobler prosecuted the case.
According to court documents, Cearlock received workers’ compensation benefits under the Federal Employees’ Compensation Act (FECA) for an injury that he suffered as a civilian employee for the U.S. Navy on August 26, 1987. When filing the periodic reports required by the Office of Workers’ Compensation Program (OWCP) to justify continued payments, between 2006 and 2008, Cearlock stated under penalty of perjury that he was neither self-employed nor involved in “any business enterprise.”
However, from at least 1999 until 2011, Cearlock was involved in operating “Fuse,” a bar in San Francisco, and ran various businesses prior to Fuse dating back to 1987. In his role in operating Fuse, Cearlock hired and fired employees, made decisions on capital expenditures, and interacted with private citizens and public officials as the owner of Fuse. In addition, during this time period, Cearlock was the president and secretary of a privately held corporation, Alleycorp Inc., whose sole purpose was to own the Fuse nightclub. Shares in Alleycorp were split equally between Cearlock and his wife. On the basis of his statements to OWCP that he was not involved in any business enterprise, and his continuing statements that he was incapable of earning wages due to his 1987 injury, Cearlock continued to receive federal disability benefits.
Sacramento Pimp Sentenced to More Than 10 Years in Prison for Sex Trafficking of A MinorRead the Press Release
SACRAMENTO, Calif. — Keon Jamar Nunnelly, 30, of Sacramento, was sentenced today by United States District Judge John A. Mendez to 10 years and five months in prison, to be followed by a 10-year period of supervised release where he is required to register as a sex offender, for sex trafficking of a minor, United States Attorney Benjamin B. Wagner announced.
According to court documents, from January 13, 2013, until June 17, 2013, Nunnelly caused a 16-year-old girl to engage in commercial sex acts in Sacramento and Anaheim. He provided directions on when and where she should work, transported her to customers, and provided security. Nunnelly and two co-defendants rented hotel rooms to be used for prostitution and placed ads with the victim’s picture on the Internet.
This case was the product of an investigation by the Federal Bureau of Investigation’s Sacramento Child Exploitation Task Force, the Anaheim Police Department, and the Orange County District Attorney’s Office. The task force works to identify and recover minors involved in the commercial sex trade and to investigate and prosecute those who profit from that trade. Assistant United States Attorney Christiaan Highsmith prosecuted the case.
On August 12, 2014, Nunnelly pleaded guilty to sex trafficking of a minor by force fraud and coercion. Co-defendants Kia Moore, 30, and Sharon King, 31, pleaded guilty to concealing a felony and were sentenced earlier this year to time served.
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.
Bureau of Prisons Inmate Pleads Guilty to Assaulting A Correctional OfficerRead the Press Release
SACRAMENTO, Calif. —Cresencio Ochoa-Tovali, 46, of Mexico, pleaded guilty today to assaulting a federal correctional officer, United States Attorney Benjamin B. Wagner announced.
According to court documents, on July 27, 2014, a fight broke out between inmates in the recreational yard at the Federal Bureau of Prisons Correctional Institution in Herlong, California. Ochoa-Tovali, an inmate, was in the recreation yard at that time. A correctional officer entered the yard in an attempt to control the situation and ordered the inmates to sit or crouch on the ground. All inmates complied, including Ochoa-Tovali, who was facing a small group of inmates approximately 10 to 15 yards away. The correctional officer heard Ochoa-Tovali shouting names at the small group of inmates and approached Ochoa-Tovali. Suddenly, Ochoa-Tovali jumped up from his crouching position and struck the officer’s face.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.
Ochoa-Tovali is scheduled to be sentenced by United States District Judge John A. Mendez on March 24, 2015. Ochoa-Tovali faces a maximum statutory penalty of eight 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.
Third Bakersfield Man Pleads Guilty to Large Methamphetamine Trafficking ConspiracyRead the Press Release
FRESNO, Calif. – Miguel Marquez, 29, of Bakersfield, pleaded guilty today before U.S. District Judge Lawrence J. O’Neill to conspiring to distribute and possess with intent to distribute 4.5 kilograms of methamphetamine, United States Attorney Benjamin B. Wagner announced.
According to court documents, on October 22, 2014, agents arrested Luis Alfonso Mendivil Jr., 23, of Riverside, and Jonathen Leyva, 28, of Rialto after Mendivil and Leyva drove to Marquez’s residence from the Los Angeles area to deliver a shipment of crystal methamphetamine. Agents seized $30,630 from Mendivil and Leyva’s vehicle and approximately 2.6 kilograms of crystal methamphetamine and a firearm from inside Marquez’s home. At a nearby location, officers seized a stolen fully loaded machine pistol, approximately 1.9 kilograms of crystal methamphetamine and a scale. Marquez admitted that the seized methamphetamine, the stolen firearm, and drug paraphernalia were all his and that he possessed the methamphetamine with the intent to distribute to others.
Mendivil and Leyva both previously pleaded guilty to use of an interstate facility to aid racketeering. Earlier this month Leyva and Mendivil were each sentenced to five years in prison. All three defendants agreed to the criminal forfeiture of the $30,600 in seized currency as proceeds of their illegal drug activity.
Marquez is scheduled to be sentenced on March 9, 2015. Marquez faces a statutory penalty faces of not less than 10 years and up to life in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Kern County High Intensity Drug Task Force (HIDTA). Assistant United States Attorney Brian Delaney is prosecuting the case.
Northern California Attorney Sentenced for Attempted Tax EvasionRead the Press Release
SACRAMENTO, Calif. — Orion Douglas Memmott, 75, formerly of Willows, was sentenced today by United States District Judge Kimberly J. Mueller to 18 months in prison for attempted tax evasion and subscribing to a false tax document, United States Attorney Benjamin B. Wagner announced.
According to testimony presented at trial, Memmott, a Stanford Law School graduate and tax attorney, stole hundreds of thousands of dollars from investors and law firm clients to spend on his own expenses, including failed day trading, travel, and personal trainers. Some of this money was removed from a client’s medical trust, leaving her destitute and homeless. Memmott concealed the embezzled money through the use of nominee accounts and false statements to investors, clients, and the IRS. Memmott also concealed his real estate holdings and rental income from IRS collection agents who were seeking to collect more than $650,000 in unpaid taxes for tax years 1993-1999.
“For years, Mr. Memmott acted as if his law license placed him beyond the reach of the law,” said U.S. Attorney Wagner. “Today, in sentencing Mr. Memmott to prison, the Court made clear that attorneys who commit crimes should not expect special treatment.”
“Mr. Memmott misused his position and defrauded friends, clients and the government out of hundreds of thousands of dollars,” said IRS-Criminal Investigation Acting Special Agent in Charge Thomas McMahon. “Attorneys are trusted with the confidence of others and are expected to uphold the law and pursue justice with integrity. Those who intentionally cheat by not paying their taxes should know that they will not go undetected and will be held accountable.”
This case was the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorneys Michael D. Anderson and Kevin Khasigian prosecuted the case.
Florida Man Pleads Guilty to Structuring More Than $2.5 Million in Proceeds of Drug TraffickingRead the Press Release
FRESNO, Calif. — Chad Allen Riffle, 22, of Citrus Springs, Florida, pleaded guilty today to one count of conspiring to structure cash transactions, United States Attorney Benjamin B. Wagner announced.
According to the plea agreement and 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 the cash deposits in amounts of $10,000 or less to attempt to prevent Currency Transaction Reports from being filed by the banks on his cash deposits. Currency Transaction Reports are prepared by banks for any transaction involving more than $10,000 in cash. These reports are filed with the Department of Treasury and are made available to law enforcement.
Riffle also waived his interest in numerous assets seized by law enforcement, including a Land Rover, two Bentleys, two Mercedes Benzes, and a 30-foot motorboat.
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.
Riffle is scheduled to be sentenced by United States District Judge Lawrence J. O'Neill on March 9, 2015. The maximum statutory penalty for conspiracy to structure is 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.Federal Marijuana Case UpdateRead the Press Release
FRESNO, Calif. — Baltazar Rodriguez was sentenced to 46 months in prison and Jose Cisneros Garcia was sentenced to eight months in prison today for their involvement in separate large-scale marijuana cultivation operations, U.S. Attorney Benjamin B. Wagner announced.
Sentencing in Terra Bella Cultivation Operation (1:12-cr-318 LJO)
Following his guilty plea in October, Baltazar Rodriguez, 45, of Terra Bella, was sentenced to three years and 10 months in prison for conspiring to cultivate, distribute and possess with intent to distribute marijuana grown on an agricultural parcel in Terra Bella. According to court records, law enforcement officers seized 1,313 marijuana plants from 39.6 acres of farm land in Terra Bella where Rodriguez resided with his family. Inside Rodriguez’s residence, officers found a loaded, unregistered revolver in Baltazar Rodriguez’s bedroom, a digital scale commonly used to weigh controlled substances, and documents showing wire transfers of cash to Mexico.
Rodriguez; his son, Jose Guadalupe Rodriguez, 20; Carlos Adan Lupian-Lua, 26; Jose Guadalupe Zavala-Ramos, 34; Juan Carlos Perez-Gonzales, 45, all of Michoacàn, Mexico; and Hector Quintero-Mercado, 36, of Jalisco, Mexico; were originally charged with narcotics and immigration offenses and entered guilty pleas. Baltazar Rodriguez was the last of these defendants to be sentenced. A defendant in a related case, Martin Rojas-Cuamba, 46, of Escondido, also previously pleaded guilty in a separate case to smuggling bulk cash derived from the Terra Bella operation. Rojas-Cuamba’s sentencing is set for January 20, 2015. Upon completion of his prison sentence, Baltazar Rodriguez is subject to deportation to Mexico.
This case was the product of an investigation by the U.S. Forest Service, the U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the sheriff’s offices of Tulare, Kern, San Luis Obispo, and Ventura Counties, and the Escondido Police Department.
Sentencing in Modesto Cultivation Operation (1:11-cr-339 AWI)
Jose Cisneros Garcia, (Cisneros), 55, of Modesto, was sentenced to eight months in prison for smuggling bulk cash derived from a marijuana cultivation operation on two residential parcels in Modesto that Cisneros owned. In sentencing Cisneros, Senior U.S. District Judge Anthony W. Ishii considered evidence that the cultivation operation involved 549 marijuana plants weighing over 3,000 pounds. Agents of the DEA and Stanislaus Drug Enforcement Agency, a multi-agency drug task force in Modesto, conducted the investigation and seized not only marijuana but an assault weapon with 124 rounds of ammunition from an open detached garage at one of the two residential properties.
Assistant United States Attorney Karen Escobar is handling the above prosecutions.
Canadian Man Pleads Guilty to Conspiracy to Distribute Approximately 20 Kilograms of CocaineRead the Press Release
FRESNO, Calif. —Donald Lancer, 47, of Saskatchewan, Canada, pleaded guilty today to conspiracy to distribute and possess to distribute cocaine, United States Attorney Benjamin B. Wagner announced.
According to court documents, on December 17, 2013, Heather Lynn Necheff, 47, of Regina, Saskatchewan Canada, was stopped for a traffic violation by a California Highway Patrol officer in Kern County in the Buttonwillow area. While conducting a search of her vehicle, officers found approximately 20 kilograms of cocaine wrapped in duct taped packages inside a suitcase. Necheff said she was transporting the suitcase from Los Angeles to Seattle to be given to Donald Lancer. Necheff agreed to assist law enforcement by continuing on to Seattle to deliver the suitcase. To eliminate the risk of losing the suspected drugs, agents replaced them with 20 kilograms of “sham” cocaine. On December 19, 2013, under agents’ supervision, Necheff delivered the suitcase to Lancer. Lancer was subsequently stopped while driving a semi-truck in Seattle, Washington. Officers found the suitcase delivered by Necheff. Lancer admitted that he believed it contained narcotics and that he received it from another person who transported it to him from Southern California.
According to his plea agreement, Lancer also admitted that he had earlier agreed with an individual in Canada to become a commercial truck driver and to comingle narcotics within legitimate commercial loads. Lancer stated that on this particular trip he was paid by individual in Canada to pick up narcotics in Seattle and drive them into Canada. Lancer said this was the third time that he was to transport what he knew to be narcotics into Canada from the United States and that although he never opened the items that he commingled with his legitimate loads, he knew the packages contained narcotics.
This case is the product of an investigation by the Drug Enforcement Administration and the California Highway Patrol. Assistant United States Attorney Brian K. Delaney is prosecuting the case.
Necheff pleaded guilty on April 29, 2014, to the conspiracy and on July 21, 2014, was sentenced to 13 months in prison.
Lancer is scheduled to be sentenced by United States District Judge Lawrence J. O'Neill on March 2, 2015. Lancer faces a maximum statutory penalty of 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Bakersfield Man Pleads Guilty to Being A Felon in Possession of A FirearmRead the Press Release
FRESNO, Calif. — Vincent Deleon, 33, of Bakersfield, pleaded guilty today before U.S. District Judge Lawrence J. O’Neill to being a previously convicted felon in possession of a firearm, United States Attorney Benjamin B. Wagner announced.
On November 6, 2013, the FBI’s Violent Crime Task Force received information that Deleon, who was wanted on two Kern County felony warrants, was in an apartment on Monterey Street in Bakersfield. Task force agents set up surveillance and when Deleon came out of the residence, they identified themselves and told him to stop. Deleon immediately fled from the agents and in his flight, threw a Smith & Wesson 9 mm pistol over a fence. Agents were able to apprehend Deleon and also recover the firearm from the adjacent property.
This case is the product of a joint investigation by members of the Violent Crime Task Force, which include the Kern County Sheriff’s Department, the Kern County Probation Office and the FBI. Assistant United States Attorney Brian K. Delaney is prosecuting the case.
Deleon is scheduled to be sentenced by Judge O’Neill on March 9, 2015. He faces a maximum statutory penalty of 10 years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Vallejo Man Found Guilty of Participating in Multi-year Bank Fraud and Identity Theft SchemeRead the Press Release
SACRAMENTO, Calif. — After a three–day trial, a jury today found Deshawn A. Ray, 42, of Vallejo, guilty of one count of conspiracy to commit bank fraud, two counts of bank fraud, and one count of aggravated identity theft, United States Attorney Benjamin B. Wagner announced. The trial was held before Chief United States District Judge Morrison C. England Jr.
According to evidence presented at trial, from March 2008 until July 2010, Ray and his primary co-conspirator Reginald L. Thomas, 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 is 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.
After the verdict, Ray was taken into custody by the United States Marshals Service.
Ray is scheduled to be sentenced by Judge England on March 12, 2015. Ray faces a maximum statutory penalty of 30 years in prison and a $1 million fine on each of the bank fraud charges, and a mandatory two-year consecutive prison term for the conviction for aggravated identity theft. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Co-defendant Damian Edgerson, 39, of Oakland, pleaded guilty to bank fraud and was sentenced to 18 months in prison. Reginald Thomas, 39, of Richmond, pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft and is scheduled to be sentenced on December 18, 2014. He faces a maximum statutory penalty of 30 years in prison, a $1 million fine, and a mandatory two-year consecutive sentence for aggravated identity theft. Tiffany Tung, 26, of Oakland pleaded guilty to accepting a bribe as a bank employee. Tung is scheduled for a status hearing on her sentencing on December 18, 2014. She faces a maximum statutory penalty of one year in prison and a $100,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The Regents of the University of California to Pay Half a Million Dollars to Resolve Allegations of False Statements in Obtaining UC Davis Grant FundingRead the Press Release
SACRAMENTO, Calif. — The Regents of the University of California agreed to pay the United States $499,700 to resolve civil allegations under the False Claims Act that the University of California at Davis submitted false and misleading statements in connection with obtaining grants from the Department of Energy (DOE) and the National Science Foundation (NSF), United States Attorney Benjamin B. Wagner announced today.
This settlement resolves claims that U.C. Davis: (1) failed to disclose the duplicative and overlapping nature of the university’s research associated with a DOE grant, an NSF grant, and a previous federal grant; (2) failed to accurately describe the research that had been funded by the NSF grant and the previous federal grant; (3) failed to disclose that the NSF grant and the previous federal grant were funding or had funded certain specific research tasks being funded with DOE grant monies; and (4) in progress reports and renewal applications submitted to the DOE, listed accomplishments achieved under the NSF grant and the previous federal grant, along with reporting accomplishments achieved under the DOE grant. The United States contends that these false and misleading statements caused the DOE and NSF to approve duplicative grant funding that these agencies would not have otherwise been awarded.
As part of the settlement, U.C. Davis has also agreed to take steps to prevent these events from reoccurring by supplementing its current research training program for undergraduate, graduate, and post-doctorate students with an hour-long module covering time and effort reporting, reasonableness of costs and other aspects of federal grants for a three-year period beginning in January.
“This settlement sends a clear message that recipients of federally funded grants must strictly adhere to the regulations applicable to those grants and fully and fairly disclose the information called for under these grants,” stated Benjamin B. Wagner, United States Attorney for the Eastern District of California. “Recipients who fail to do so risk significant financial consequences.”
"The Department of Energy aims to fund innovative and transformative scientific research, but not research simultaneously funded by other Federal agencies,” said Gregory H. Friedman, Inspector General, U.S. Department of Energy. “This civil settlement should help deter such misconduct. Our Special Agents will tirelessly investigate any allegations of abuse that affect the integrity of the grant underwriting process."
“When more than one federal agency funds the same research, the integrity of the grant making process is undermined and scarce research dollars are diverted from other potentially valuable innovation,” said Allison Lerner, Inspector General, National Science Foundation. “This settlement agreement sends a strong signal that failure to disclose duplicative funding will not be tolerated.”
This case was the result of an investigation by the DOE Office of the Inspector General, and the NSF Office of the Inspector General, along with the United States Attorney’s Office for the Eastern District of California. Assistant United States Attorney Catherine Swann handled the matter for the United States. The claims settled by this agreement are allegations only, and there has been no determination of liability.
Stockton Man Pleads Guilty to Federal Drug and Firearm ChargesRead the Press Release
SACRAMENTO, Calif. —Cedric Sewell, 51, of Stockton, pleaded guilty today to possession with intent to distribute heroin, possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking offense, and being a felon in possession of a firearm, United States Attorney Benjamin B. Wagner announced.
According to court documents, on March 5, 2014, law enforcement officers conducted a probation search of Cedric Sewell’s residence in Stockton. Agents found a .38‑caliber revolver that was fully loaded with live rounds. The kitchen had been converted to a heroin manufacturing operation, including strainers, digital scales, cutting agents, and hundreds of baggies. Agents also found five kilograms of heroin, 500 grams of cocaine, a money counter, and other items used in drug manufacturing and distribution. Several other firearms (including an AR-15 assault rifle), a cache of ammunition, and approximately $67,000 was also found.
This case is the product of an investigation by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Alameda County Narcotics Taskforce, the San Bernardino Probation Department, and the San Joaquin District Attorney’s Office. Assistant United States Attorney Olusere Olowoyeye is prosecuting the case.
Sewell is scheduled to be sentenced by United States District Judge Troy L. Nunley on April 30, 2015. Sewell faces a maximum statutory penalty of life in prison and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Yuba City Man Sentenced to 46 Months in Prison for Racially Motivated Attack on White Man and African-American WomanRead the Press Release
SACRAMENTO, Calif. – Anthony Merrell Tyler, 34, of Yuba City, was sentenced today by U.S. District Judge John A. Mendez to serve 46 months in prison for violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The crime involved a racially motivated attack by Tyler and two co-defendants, Billy Hammett, 30, and Perry Jackson, 29, on a white man and an African-American woman in Marysville in 2011. In addition to his term of incarceration, Tyler was ordered to serve three years of supervised release upon his release from prison and to pay $175 in restitution.
According to documents filed with the court, around 10:45 p.m. on April 18, 2011, a white man and an African-American woman parked their car at a convenience store in Marysville. Shortly afterward, the three defendants attacked the man and woman because of their race. Jackson punched him twice in the head through the open passenger window. At the same time, Hammett opened the driver-side door and kicked the woman in the chest. Seconds later, Tyler smashed the car’s windshield with a crowbar, sending shattered glass into the passenger compartment. As the attack continued, the woman managed to take refuge inside the convenience store, and the man struggled to get away. All three assailants then descended upon the male victim and began attacking him in the parking lot. He sustained abrasions on his right forearm and knees, while the woman suffered bruising to her chest. None of the defendants knew the victims.
In today’s hearing, and during Hammett and Jackson’s proceedings, Judge Mendez considered the defendants’ backgrounds and criminal histories. Tyler has the words “white pride” tattooed down the backs of his arms and a swastika on his left upper arm. He has previously acknowledged being a member of the Yuba County Peckerwoods, a local white supremacist group. Hammett, who has a tattoo of the words “white power” across his abdomen, was sentenced on March 25, 2014, to 87 months in prison. He was previously convicted for the unprovoked assault on a 72-year-old African-American man. Jackson, who has the words “white power” tattooed in block letters down his shins, was sentenced on April 29, 2014, to 70 months in prison. Tyler entered his guilty plea on March 11, 2014.
“These three defendants targeted the victims because of their race,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division. “This type of attack causes harm not only to the immediate victims, but tears at the fabric of our communities and society itself. The department will continue to vigorously prosecute such acts of racial violence.”
“Racially motivated violence not only threatens the harmony of our diverse communities, it undermines the principle of equality under law, which is a foundation of our society,” said U.S. Attorney Benjamin B. Wagner for the Eastern District of California. “For these reasons, prosecuting hate crimes will continue to be one of our highest priorities.”
“No person should be victimized by another, let alone suffer an unprovoked, violent attack at the hands of a group motivated solely by hatred and prejudice,” said Special Agent in Charge Monica M. Miller of the Sacramento FBI. “Such bias-motivated crimes should be an unfortunate mark of the past; however, the FBI will thoroughly investigate such allegations to ensure justice is served.”
This case was investigated by the FBI, with assistance from the Yuba County Sheriff’s Office and the Yuba County District Attorney’s Office. The case was prosecuted by U.S. Attorney Wagner and Trial Attorney Chiraag Bains of the Justice Department’s Civil Rights Division.
Stanislaus County Defendants Plead Guilty in Scheme to Send Methamphetamine to HawaiiRead the Press Release
FRESNO, Calif. — Miguel Leontapia, 33, and Gilberto Chavez Leon, age 29, both Delhi residents, pleaded guilty Monday to conduct relating to a scheme to send methamphetamine to Hawaii, United States Attorney Benjamin B. Wagner announced. Leontapia pleaded guilty to possession of methamphetamine with the intent to distribute and Leon pled guilty to conspiracy to bulk smuggle cash.
According to court documents, in August 2012, Leontapia and his co-defendants obtained approximately three pounds of methamphetamine that they attempted to ship to Hawaii. Instead, law enforcement seized it. Leon admitted that in August 2012, he and a co‑conspirator traveled from Stanislaus County to Hawaii where they obtained approximately $67,000 cash. Leon and the other person then attempted to take that cash, concealed on their persons and in their luggage, onto a flight to Oakland from Honolulu.
This case is 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 is prosecuting the case.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Leontapia and Leon are scheduled to be sentenced by United States District Judge Lawrence J. O'Neill on March 2, 2015. Leontapia faces a maximum statutory penalty of life in prison and a $10 million fine. Leon faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Fresno Man Sentenced to 25 Years in Prison for Child Pornography TraffickingRead the Press Release
FRESNO, Calif. — United States District Judge Lawrence J. O’Neill today sentenced Bradley Allen Vaine, 28, of Fresno, to 25 years in prison, to be followed by a lifetime term of supervised release, for receiving and distributing child pornography, United States Attorney Benjamin B. Wagner announced.
According to the plea agreement, on October 25 and 27, 2012, Vaine received and distributed images of child pornography over the Internet. He transmitted more than 600 images of child pornography, some of the images depicted prepubescent minors, and some were of violence or sadistic or masochistic conduct. He has been detained as a danger to the community and a flight risk since his arrest on November 6, 2012.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney David Gappa prosecuted the case.
“Individuals involved in receiving and distributing child pornography cause severe and lasting damage to their vulnerable victims,” said Michael J. Toms, the acting assistant special agent in charge who oversees HSI Fresno. “Fortunately, the lengthy sentence imposed today virtually assures that no additional children will be harmed by this defendant.”
This case was brought as part of Operation Sunflower, an international enforcement action, which ran from November 1 through December 7, 2012, spearheaded by HSI and aimed at rescuing victims and targeting individuals who own, trade, and produce child pornography. Operation Sunflower commemorated the one-year anniversary of a Kansas preteen victim who was located based upon a sunflower-shaped highway sign in the background of a picture. The prosecution was also 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.justice.gov/psc. Click on the “resources” tab for information about Internet safety education
8-Year Prison Term for Stanislaus County Man Convicted of Child Pornography OffenseRead the Press Release
FRESNO, Calif. — United States District Judge Lawrence J. O’Neill today sentenced Kevin Ray Adams, 25, of Riverbank, to eight years and one month in prison, to be followed by 15 years of supervised release, for receiving and distributing child pornography, United States Attorney Benjamin B. Wagner announced.
According to the plea agreement, between August 3, 2012, and February 9, 2014, Adams received and distributed images of child pornography over the Internet. The defendant transmitted more than 600 images of child pornography, some of the images depicted prepubescent minors, and some were of violence or sadistic or masochistic conduct. He has been detained as a danger to the community and a flight risk since his initial court appearance on July 7, 2014.
The case was the product of an investigation by the Federal Bureau of Investigation with assistance from the Riverbank and Ceres Police Departments. Assistant United States Attorney David Gappa prosecuted the case.
The case is 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.justice.gov/psc. Click on the “resources” tab for information about Internet safety education.
Vallejo Drug Dealer Sentenced to 14 Years in PrisonRead the Press Release
SACRAMENTO, Calif. —Michael Lott, 39, of Vallejo, was sentenced to 14 years in prison yesterday after entering guilty pleas to drug trafficking charges in a wide-ranging conspiracy to distribute MDMA and crack cocaine, United States Attorney Benjamin B. Wagner announced. In imposing sentence, Chief United States District Judge Morrison C. England, Jr. said the defendant was at the center of a massive drug conspiracy and his conduct warranted a significant sentence.
Lott’s prosecution was part of a major federal investigation into drug trafficking throughout the United States by Vallejo-based rappers and associates of an entertainment label known as “Thizz Entertainment.” In April 2012, as a result of the collaborative law enforcement effort, agents arrested a total of 25 individuals in Vallejo, Stockton, Fairfield, Oakland, Los Angeles, New York, and Oklahoma City. During the investigation, agents seized approximately 45,000 MDMA pills, 4 pounds of crack cocaine, 2 pounds of heroin, and $200,000 in suspected drug proceeds. Fourteen defendants have pleaded guilty, four have been sentenced and the rest are still pending completion.
According to court documents, the DEA-led investigation uncovered a network of drug distributors working in the “Crest” neighborhood of Vallejo, California, along with individuals transporting large quantities of drugs outside of California to realize a larger profit. A number of the participants, including defendants Norton and Franklin, performed as rappers under the entertainment label known as “Thizz Entertainment.” Many songs by artists on the Thizz Entertainment label include lyrics glorifying and promoting the use and distribution of MDMA pills.
This case is the product of an extensive investigation by the DEA Sacramento District Office, the Vallejo Police Department, the El Dorado County Sheriff’s Department, and the Sacramento FBI Safe Streets Task Force. Assistant United States Attorney Jason Hitt is prosecuting the case. It was part of an Organized Crime Drug Enforcement Task Force (“OCDETF”). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Stockton Man Sentenced to 6 Years in Prison for Aggravated I.D. Theft in Large Scale U.S. Mail Theft and Bank Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Rudy Angelo Trujillo, 36, of Stockton, was sentenced by U.S. District Judge Morrison C. England Jr. today to six years in prison for three counts of aggravated identification theft, United States Attorney Benjamin B. Wagner announced.
According to court documents, Trujillo and his wife, Regina L. Perea, 34, possessed hundreds of pieces of stolen U.S. mail, along with hundreds of stolen checks, credit cards and identification documents at their Stockton residence. During the January 21, 2014, search of their residence, law enforcement recovered the stolen mail and found evidence indicating that the defendants were altering checks, and manufacturing credit cards. During the search, Trujillo and Perea successfully fled from law enforcement, and a high-speed chase ensued through Stockton residential streets. On March 7, 2014, Trujillo and Perea were arrested in San Jose. Upon arrest, the defendants were driving a stolen vehicle and were again in possession of a large quantity of stolen U.S. mail, checks, credit cards, and identification documents.
On May 15, 2014, Perea and Trujillo each pleaded guilty to three counts of aggravated identity theft. On October 2, 2014, Perea was sentenced to six years in federal prison.
This case was the product of an investigation by the U.S. Postal Inspection Service and the San Joaquin County Sheriff's Office, with assistance from the Stockton Police Department, the San Jose Police Department, the Placer County Sheriff's Office, and the Delta Regional Auto Theft Task Force. Assistant United States Attorney Michelle Rodriguez prosecuted the case.
Sacramento Man Indicted for Tax Preparation FraudRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 13-count indictment today against William Glenn Green, 48, of Sacramento, charging him with assisting in the preparation of false tax returns, United States Attorney Benjamin B. Wagner announced.
According to court documents, Green was a tax preparer and assisted eight taxpayers in preparing 13 fraudulent tax returns claiming over $150,000 in false deductions and credits to which he knew the taxpayers were not entitled.
This case is the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Christopher S. Hales is prosecuting the case.
If convicted, Green faces a maximum statutory penalty of three years in prison and a $100,000 fine for each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Sacramento Area Businessman Charged with Evading $5.6M in Customs Duties on Footwear Imported from ChinaRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 27-count indictment today against Thomas Romeo, 51, of Sacramento, charging him with a scheme to defraud the United States by evading customs duties owed by his Citrus Heights import business, United States Attorney Benjamin B. Wagner announced. Romeo is charged with conspiracy to defraud the United States, four counts of wire fraud, 11 counts of entry of falsely classified goods, and 11 counts of entry of goods by means of a false statement.
Romeo owned and operated Romeo & Juliette Inc., a company that imported footwear manufactured in China and distributed under the brand names BearPaw and Attix. According to the indictment, from at least 1994 through 2011, Romeo engaged in a scheme to avoid paying the full amount of duty owed on the shoes by having employees and others create false invoices that substantially undervalued the footwear that was being imported, sometimes at 50 percent of the actual value and other times even less. Romeo had his employees submit the false invoices to U.S. Customs for purposes of calculating the customs duties and fees Romeo & Juliette was required to pay. Romeo allegedly avoided paying approximately $5.6 million in customs duties legally owed to the United States.
According to the indictment, during the course of the investigation, Romeo submitted to federal agents a false document that attempted to justify the lower duty that Romeo & Juliette paid to the United States. He also instructed employees to make false statements to federal investigators about the value of the footwear that was imported.
This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Todd A. Pickles is prosecuting the case.
If convicted, Romeo faces a maximum statutory penalty of 20 years in prison and a $250,000 fine or twice the loss or gain caused by the fraud on the wire fraud counts. The maximum statutory prison term is five years on the conspiracy count and two years for causing the entry of goods falsely classified and causing the entry of goods by false statements. 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Oregon Man Arrested in Glenn County Sentenced to 15 Years in Prison for Drug and Firearm OffensesRead the Press Release
SACRAMENTO, Calif. — Joshua Anthony Bond, 25, of Grants Pass, Oregon, was sentenced this morning by U.S. District Judge Troy L. Nunley to 15 years in prison for trafficking in controlled substances and for being a felon in possession of firearms, United States Attorney Benjamin B. Wagner announced.
This case was the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol, and the Glenn County Sheriff's Office. Assistant United States Attorney Michelle Rodriguez prosecuted the case.
According to court documents, on July 11, 2013, a CHP officer observed Bond speeding on Interstate 5 near County Road 57 in Glenn County. The CHP officer followed Bond at high speeds as Bond turned off the highway and through residential neighborhoods in Willows. During his flight, Bond threw a loaded .380-caliber handgun onto a residential street. Bond eventually lost control in a residential cul-de-sac; he was then taken into custody.
Law enforcement officers seized a 9 mm sub-machine gun, a 12 gauge pump shotgun, various types of ammunition, 210 grams of methamphetamine, and two body armor plates from his vehicle.
Modesto Man Charged with Assaulting Federal Security GuardRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today against Matthew Faron Blair, 30, of Modesto, charging him with assaulting a security guard assigned to protect a Social Security Administration office in Fresno, Calif., United States Attorney Benjamin B. Wagner announced.
According to court documents, on October 14, 2014, Blair went to the Social Security Administration office in Fresno to attempt to collect Supplemental Security Income (SSI) benefits. He was advised that his benefits had stopped, but could be renewed by completing additional paperwork. Blair became agitated, and a security guard was called to escort him of the office. As the guard attempted to escort Blair out of the office, Blair allegedly punched the guard in the mouth and on the top of his head as he dropped to the ground. Blair then fled and was apprehended 12 days later. The guard suffered serious bodily injury requiring medical treatment.
This case is the product of an investigation by the Federal Protective Services with assistance from the Social Security Administration, Office of the Inspector General; the California Department of Corrections and Rehabilitation, Adult Parole Division; and the Stockton Police Department. Assistant United States Attorney Karen A. Escobar is prosecuting the case.
If convicted, Blair faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Man Arrested in A Park in Davis Pleads Guilty to Receipt and Distribution of Child PornographyRead the Press Release
SACRAMENTO, Calif. —Nicholas Robert Bowen, 63, of Grizzly Flat, pleaded guilty today to receipt and distribution of child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, Bowen took a woman to a Davis park and had her expose herself to 10-12 year old boys while Bowen filmed using a spy camera built into his glasses. They were arrested by Davis police. A subsequent search of Bowen’s phone and computer discovered over 600 images and videos of minors engaged in sexually explicit conduct.
This case is the product of an investigation by the Davis Police Department, the Yolo County District Attorney’s Office, and 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 is prosecuting the case.
Bowen is scheduled to be sentenced by Judge Troy L. Nunley on February 19, 2015. Bowen faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.
Fresno Man Indicted for Filing False Tax Returns Seeking More Than $600,000 in RefundsRead the Press Release
FRESNO, Calif. — A grand jury indicted Mark Threet, 52, of Modesto, today, charging him with making a false claim for a tax refund, United States Attorney Benjamin B. Wagner announced.
According to court documents, Threet filed more than 860 false tax returns for himself and others for the tax years 2008 to 2011. Each return included false statements regarding income, tax credits, and refund amounts. In sum, the returns claimed more than $600,000 was claimed for these false tax refunds.
This case is the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Patrick R. Delahunty is prosecuting the case.
If convicted, Threet faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The charges against the defendant are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
30-Year Prison Term for Turlock Sex OffenderRead the Press Release
FRESNO, Calif. — Chief United States District Judge Morrison C. England Jr. sentenced Jeffrey Randall Metcalfe, 47, of Turlock, to 30 years in prison, to be followed by a lifetime term of supervised release, for receiving and distributing child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, agents received information that Metcalfe had used an Internet connection to create at least 17 accounts on a photo-sharing website. Metcalfe had posted numerous images to the site and made comments about his interest in child pornography. When a search warrant was executed at his residence on December 19, 2013, investigators found a computer that contained a screen saver with images of children being sexually exploited as well as thousands of printed and digital images of child pornography. Metcalfe admitted in a plea agreement that between January 2012 and December 1, 2013, he knowingly used a computer and the Internet to receive and distribute images of child pornography. He also admitted that on January 24, 2000, he had suffered a previous conviction in federal court in Fresno for possession of child pornography. He has been detained as a danger to the community and flight risk since his initial appearance in federal court on December 23, 2013.
“Tragically, this case is not unusual — it’s all too common for defendants in child sexual exploitation cases to reoffend,” said Michael J. Toms, the acting assistant special agent in charge who oversees HSI Fresno. “That’s why HSI and its law enforcement partners must remain vigilant. It’s the only way to protect our youth and ensure that individuals, like this defendant, are held accountable for their crimes.”
In sentencing, Judge England referenced the “extremely serious nature of the offense” and that this sentence was necessary to address the defendant’s “level of participation in the process” of the sexual exploitation of minors.
This case was the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with assistance from the Turlock Police Department. Assistant U.S. Attorney David Gappa prosecuted the case.
It 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.justice.gov/psc. Click on the “resources” tab for information about Internet safety education.
Toxic Marijuana Grow Nets 10-Year Prison TermRead the Press Release
FRESNO, Calif. — Hernan Cortez Villasenor (Cortez), 40, of Michoacàn, Mexico, was sentenced today to 10 years in prison for his involvement in a toxic marijuana cultivation operation in the Greenhorn Creek area of the Sequoia National Forest in Kern County, United States Attorney Benjamin B. Wagner announced. Cortez was also ordered to pay $3,328 in restitution to the U.S. Forest Service for the damage caused by his marijuana cultivation operation.
On July 7, 2014, Cortez pleaded guilty to conspiring to manufacture, distribute and possess with intent to distribute marijuana and distributing unregistered pesticides, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to court documents, Cortez supplied toxic rat poison and other chemicals and materials to support the 8,876 marijuana plants growing on public land. The site sustained extensive damage as a result of the cultivation activities. Native oak trees and other vegetation were cut down or otherwise killed to make room for the marijuana plants. The soil was tilled, and fertilizers and pesticides, including Fosfuro de Zinc, a common Mexican rat poison containing zinc phosphide, were spread throughout the site. Law enforcement officers also found 30 containers of Fosfuro de Zinc at Cortez’s residence in Arvin, California.
The EPA has designated zinc phosphide as a restricted-use pesticide, which means that it may only be purchased and used by, or under the supervision of, a certified applicator. Zinc phosphide is banned for residential sale due to its acute toxicity. A single swallow can be fatal to a small child.
Upon completion of his prison sentence, Cortez is subject to deportation to Mexico.
This case was the product of an investigation by the U.S. Forest Service, U.S. Drug Enforcement Administration, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), U.S. Environmental Protection Agency Criminal Investigation Division (EPA-CID), and the Kern County Sheriff’s Office. Assistant United States Attorney Karen Escobar prosecuted the case.
Reno Man Sentenced to 8 Years in Prison for Traveling Across State Lines to Engage in Sexual Conduct with MinorRead the Press Release
FRESNO, Calif. — Ismael Martinez, 26, of Reno, Nevada, was sentenced today by United States District Judge Lawrence J. O'Neill to eight years and one month in prison for traveling from Reno to Fresno with the intent of engaging in illicit sexual conduct with a 14-year-old, United States Attorney Benjamin B. Wagner announced.
According to court documents, in August 2013 the parents of the minor female victim reported to the Fresno County Sheriff’s Office that they discovered text messages on a cellphone suggesting that their daughter was engaging in sexual relations with someone with a phone number with an out-of-state area code. Further investigation revealed this person to be Martinez, and that he had traveled from Reno to Fresno on multiple occasions in order to engage in sexual relations with the minor. On December 19, 2013, Martinez was indicted, and he pleaded guilty to the charge on September 15, 2014.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Fresno County Sheriff’s Office. Assistant United States Attorney Brian W. Enos prosecuted the case.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Fresno County Sheriff's Office and the Central Valley Internet Crimes Against Children Task Force. Assistant United States Attorney Brian W. Enos prosecuted the case.
" As this case underscores, parents need to talk to their kids about how to stay safe in cyberspace — cautioning them to always think before they click," said Michael J. Toms, the acting assistant special agent in charge who oversees HSI Fresno. "Young people, who would never approach a stranger in person, think nothing of interacting with someone they don't know online. The predators who are lurking on the Internet, exploit that trust. Homeland Security Investigations will continue to aggressively target online child predators, but parents, because of their proximity, are the first line of defense."This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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, 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.
Ceres Mortgage Broker Sentenced to Prison for Filing A False Tax ReturnRead the Press Release
FRESNO, Calif. — United States District Judge Lawrence J. O’Neill sentenced Maria Vega, 54, of Ceres, today to six months in prison, to be followed by six months of home confinement, for filing a false tax return, United States Attorney Benjamin B. Wagner announced.
Judge O’Neill also ordered Vega to pay $179,465 in restitution to the Internal Revenue Service. Vega has already repaid approximately $161,000 of that amount.
According to her plea agreement, Vega owned and operated Vega's Financial Services and was licensed as a broker by the California Department of Corporations. Vega earned income from working as a loan officer on mortgage transactions at Vega's Financial Services, and she also earned income as real estate agent in connection with the purchase, sale, and refinancing of residential properties. Although Vega received substantial income in tax years 2005, 2006 and 2007, she did not file federal income tax returns for tax years 2005 and 2006 until 2008. When Vega did file federal income tax returns in April 2008 for tax years 2005, 2006, and 2007, she substantially underreported both her income and tax due for those tax years. Vega reported taxable income of $0 for 2005, $21,692 for 2006, and $0 for 2007, but in fact she had substantially higher taxable income for each of these three years.
This case was the product of an investigation by the Internal Revenue Service – Criminal Investigation. Assistant United States Attorneys Kirk E. Sherriff and Michael G. Tierney prosecuted the case.