FEDERAL DISTRICT ARCHIVE
Eastern District of California
Press releases recorded for this federal judicial district.
Bakersfield Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
FRESNO, Calif. — Bradley James Ghilarducci, 66, of Bakersfield, pleaded guilty today to receipt of child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, Ghilarducci admitted that between February and August 2012, he received images of minors engaged in sexual activity through the Internet.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Michael G. Tierney is prosecuting the case.
Ghilarducci is scheduled to be sentenced by Judge Lawrence J. O'Neill on April 14, 2014. Ghilarducci faces a statutory penalty of five years to 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.
Plea Agreement
Visalia Man Sentenced to 10 Years in Prison for Sex Trafficking of a MinorRead the Press Release
FRESNO, Calif. — Alejandro Manuel Perez, 28, of Visalia, was sentenced today by United States District Judge Lawrence J. O'Neill to 10 years in prison for participating in a sex trafficking venture involving a minor, United States Attorney Benjamin B. Wagner announced.
According to court documents, between February 4, 2010, and March 13, 2010, Perez knowingly benefitted, financially or otherwise, from his participation in a sex-trafficking venture which involved a minor female victim. Perez was charged with sex trafficking on March 8, 2012, and pleaded guilty to this charge on October 30, 2013. He has been in custody since March 27, 2012.
“The FBI and its partners work tirelessly to identify and rescue young sex trafficking victims, investigating these deplorable crimes to ensure that those who commercially exploit children face justice,” said Special Agent in Charge Monica M. Miller of the FBI’s Sacramento Field office. “By disrupting these illicit ventures and removing traffickers from our communities, we hope to offer the victims a chance at a normal life and to prevent other children from falling prey to such predators who feed on the vulnerabilities of the young.”
This case was the product of an extensive investigation by the Fresno Office of the FBI and the Visalia Police Department. Assistant United States Attorney Brian W. Enos is prosecuting the case.
Vacaville Man Sentenced for Defrauding Three Federal AgenciesRead the Press Release
SACRAMENTO, Calif. — United States District Judge Lawrence K. Karlton sentenced Robert Daniel Castillo, 50, of Vacaville, today to one year and one day in prison for workers’ compensation and disability benefits fraud, United States Attorney Benjamin B. Wagner announced. Judge Karlton ordered Castillo to pay $138,997 in restitution.
This case was the product of an investigation by the United States Postal Service, Office of Inspector General and the Social Security Administration, Office of Inspector General. Assistant U.S. Attorney Jared C. Dolan prosecuted the case.
“The American public expects Postal Service employees to be diligent and honest. Through its investigations, the Office of Inspector General helps to maintain that integrity. When US Postal Service employees’ actions turn to criminal violations, such as the abuse of the workers’ compensation program, those individuals are aggressively investigated by USPS OIG Special Agents,” said Scott Pierce, Special Agent in Charge, US Postal Service Office of Inspector General, Pacific Area Field Office.”
According to court documents, on October 15, 1998, Castillo, while working for the U.S. Postal Service in Fresno, claimed that he had injured his lower back while on the job. He submitted a claim for workers’ compensation benefits. For more than 10 years, Castillo received federal workers’ compensation benefits based on that injury. Castillo also received Social Security Disability and Veterans Benefits based on claims of 100 percent disability. Altogether, Castillo received more than $6,000 a month based on his claimed disability. Castillo was observed playing basketball and softball, driving, shopping, washing a boat, performing yard work, and performing volunteer work. At doctor’s appointments and meetings with officials from the Department of Labor and Social Security, Castillo claimed an inability to do all of these things.
A federal grand jury indicted Castillo on July 19, 2012, and on April 24, 2013, he pleaded guilty to theft of United States property and false statements made to the government in seeking compensation payments the charges.
Stockton Man Pleads Guilty to Being A Felon in Possession of Firearms, Bank and Credit Card Fraud, and Identity TheftRead the Press Release
SACRAMENTO, Calif. — Antwane Pierre Burrise, 33, of Stockton, pleaded guilty today to being a felon in possession of firearms, possessing unauthorized access devices, possessing identifications of others, possessing stolen U.S. mail, bank fraud and aggravated identity theft, United States Attorney Benjamin B. Wagner announced.
This case is the product of an investigation by the United States Postal Inspection Service and the Stockton Police Department. Assistant United States Attorney Michelle Rodriguez is prosecuting the case.
According to court documents, on October 24, 2013, the Stockton Police Department received reports of a suspicious vehicle in a Stockton neighborhood. The responding officer later identified Burrise as the only occupant of the vehicle. Burrise possessed a fully loaded extended magazine Glock pistol in the driver's floor area where he sat in the vehicle. Also found in the car were hundreds of items of stolen U.S. Mail bearing the names of at least 300 different San Joaquin County victims. Burrise also possessed an extended magazine AK-47 in the trunk of his vehicle and ammunition for his assault rifle. Burrise further possessed more than 15 identifications of others, more than 25 credit and debit cards of others, and merchandise purchased using the credit and debit cards of others.
Burrise is scheduled to be sentenced on April 9, 2014, by United States District Judge Kimberly J. Mueller. He faces up to 10 years in prison for the felon in possession of charge, up to 30 years in prison for bank fraud, two years in prison consecutive to any other sentence for aggravated ID theft, up to 10 years in prison for access device fraud, up to 15 years in prison for possession of ID documents of others, and up to five years for possession of stolen U.S. Mail. 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.
Bay-Area Real Estate Agent Arrested for Orchestrating Fraudulent Short Sale in Stanislaus CountyRead the Press Release
FRESNO, Calif. — Minerva Sanchez, 47, was arrested at her home in Fremont today for conspiring to commit bank fraud in connection with a fraudulent short-sale scheme, United States Attorney Benjamin B. Wagner announced.
The indictment, unsealed today, was returned by a federal grand jury in Fresno on December 19, 2013. Sanchez was arraigned today in San Jose federal district court and pleaded not guilty to the charges. She is scheduled to appear in Fresno before U.S. Magistrate Judge Barbara A. McAuliffe on February 10, 2014.
According to court documents, in March 2010, Sanchez, a licensed real estate agent, represented Agustin Simon, 52, of Gustine, in the sale of his home in Patterson. Sanchez recommended that he undertake a short-sale of his home using her son as a straw buyer. Simon submitted to Tri Counties Bank and Freddie Mac fraudulent short-sale applications that caused them to approve the charge-off of funds for the short-sale of his home. Sanchez and Simon falsely claimed that the transaction was “arm’s length,” and the made false statements about Simon’s assets and ownership of other real estate. Sanchez wrote a “hardship letter” for Simon to include with the short-sale application that misrepresented his inability to make his monthly mortgage payments. They made other false statements in order to conceal their agreement that Simon would provide Sanchez’s son with the money for the short-sale but ultimately would regain ownership of his home following the short-sale.
With Sanchez’s knowledge, Simon provided her son with $355,000, the purchase price of the home. In addition to her commission as the listing agent, Sanchez received 75 percent of the commission paid to her son’s real estate agent. As a result of her conduct, Tri Counties Bank suffered a loss of $247,000 and Freddie Mac lost $107,348.
On June 10, 2013, Simon, pleaded guilty to conspiring to commit bank fraud in connection with this scheme. He is scheduled to be sentenced on October 6, 2014, before U.S. District Judge Lawrence J. O’Neill.
“The alleged actions of Minerva Sanchez were harmful to Freddie Mac and the taxpayers,” said Michael P. Stephens, Acting Inspector General, Federal Housing Finance Agency (FHFA). “Every fraud causes harm or loss and we will work with our law enforcement partners to stop any and all criminal activity.”
This case is the product of an investigation by the FHFA Office of Inspector General and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Christopher Baker is prosecuting the case.
If convicted, Sanchez faces a maximum statutory penalty of 30 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Two Sentenced for Distribution of Child PornographyRead the Press Release
FRESNO, Calif. — Two defendants were sentenced today for child pornography offenses, United States Attorney Benjamin B. Wagner announced.“Every time a sexually explicit image of a minor is produced, transmitted, or viewed, a child is victimized,” said Ray Greenlee, assistant special agent in charge for HSI San Francisco. “These sentences send a strong message to online child sex predators that there is a high price to pay for their actions. HSI will continue to work tirelessly to seek justice for those who mistakenly believe the Internet makes them invisible and invincible.”
Kern County Man Sentenced to More than 12 Years in Prison
(1:13-cr-265 AWI)
Senior United States District Judge Anthony W. Ishii sentenced Clark Alan Tyler, 53, of Rosamond, to 12 years and seven months in prison for distribution of child pornography.According to court documents, between February 2012 and March 2013, Tyler received and distributed more than 600 images depicting minors engaged in sexually explicit conduct. The images also involved the portrayal of sadistic, masochistic, and other depictions of violence, and included depictions of pre-pubescent minors. Tyler was indicted on June 27, 2013, charged with receipt and distribution of child pornography and pleaded guilty to this charge on November 25, 2013. He has been in custody since July 3, 2013.
Fresno Man Sentenced to Six and a Half Years in Prison for Distributing Child Pornography
(1:12-cr-083 AWI)
Judge Ishii sentenced Daniel Oluwa Sesan Leitch, 31, of Fresno, to six and a half years in prison for distribution of child pornography.According to court documents, from December 18, 2011, through December 20, 2011, Leitch received more than 600 images depicting minors engaged in sexually explicit conduct. The images also involved the portrayal of sadistic, masochistic, and other depictions of violence, and included depictions of pre-pubescent minors. Leitch was indicted on October 23, 2013, and in March 2012, he went to trial but pleaded guilty on the second day of trial. He was remanded into custody after sentencing today.
These cases were the product of investigations by the Central California Internet Crimes Against Children Task force with the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Brian W. Enos prosecuted both cases, and Special Assistant United States Attorney Ian P. Whitney was co-prosecutor on the Leitch case.
These cases were 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.
Modesto Woman Pleads Guilty to Structuring Cash Proceeds of Interstate Oxycodone and Hydrocodone TraffickingRead the Press Release
FRESNO, Calif. —Phally Thach, 30, of Modesto, pleaded guilty today to one count of conspiracy to structure cash transactions and one count of aggravated structuring, United States Attorney Benjamin B. Wagner announced.According to court documents, Phally Thach and co-conspirators obtained prescriptions for oxycodone and hydrocodone from pharmacies in Modesto and then transported and mailed the pills to other states, including Washington, for distribution on the black market. In addition, Phally Thach opened bank accounts at Bank of America into which co-conspirators deposited the cash proceeds of the oxycodone and hydrocodone sales for $10,000 or less. After receiving the cash deposits, Phally Thach withdrew the cash from those accounts in amounts of $10,000 or less to attempt to prevent Currency Transactions Reports from being filed by the banks on her cash deposits. Currency Transactions Reports are reports prepared by financial institutions for any transactions involving more than $10,000 in cash. These reports are filed with the Department of Treasury and are made available to law enforcement.
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. Attorney Grant B. Rabenn is prosecuting the case.
Phally Thach is scheduled to be sentenced by United States District Judge Anthony W. Ishii on April 7, 2014. She faces a maximum statutory penalty of five years in prison and a $250,000 criminal fine for conspiracy and 10 years in prison and a $500,000 criminal fine for structuring. 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.
Plea Agreement
Methamphetamine Trafficker Sentenced to Federal PrisonRead the Press Release
FRESNO, Calif. — Victor Torres, 28, of Selma, was sentenced today by United States District Judge Lawrence J. O'Neill to five years and 10 months in prison for methamphetamine trafficking, United States Attorney Benjamin B. Wagner announced.
According to court documents, Torres pleaded guilty to a methamphetamine trafficking conspiracy that spanned May 2012 through December 2012. In June 2012, wiretap information led investigators to stop a vehicle in which Torres was a passenger. The car was impounded and a subsequent search revealed approximately one pound of methamphetamine. In December 2012, a search warrant was executed at Torres’s Selma residence, and approximately two ounces of methamphetamine were seized.
This case was the product of an investigation by the Drug Enforcement Administration and the Fresno County Sheriff’s Department with assistance from the Bakersfield Police Department and the Kings County Sheriff’s Department. Assistant United States Attorney Kevin Rooney prosecuted the case.
Torres was ordered to begin serving his sentence on March 5, 2014. On October 7, 2013, co-defendant Daniel Ochoa, 36, of Fresno, was sentenced to 55 months in prison.
Former Madera Resident Sentenced for Fraudulent Sale of WebsitesRead the Press Release
FRESNO, Calif. — Senior United States District Judge Anthony W. Ishii sentenced Phillip Jacob Shinen, 33, formerly of Madera, today to 27 months in prison for wire fraud relating to the fraudulent sale of websites, United States Attorney Benjamin B. Wagner announced.According to court documents, between February 2007 and March 2008, Shinen advertised and sold various websites to the public. He guaranteed to purchasers that the websites would produce a certain threshold income and promised that he would train purchasers to use the websites. The websites, however, did not generate the level of income or Internet traffic claimed by Shinen. In order to make it difficult for the website purchasers to contact him, Shinen used a number of aliases.
This case was the product of an investigation by the Federal Bureau of Investigation’s Cyber Crimes Task Force, which is made up of law enforcement officers from the FBI, Fresno Police Department and the Fresno County Sheriff’s Office. Assistant United States Attorney Henry Z. Carbajal III prosecuted the case.
Former IRS Employee Pleads Guilty to Claiming More Than $1,745,000 in False Tax ReturnsRead the Press Release
FRESNO, Calif. — Monica Nanette Hernandez, 41, of Fresno, pleaded guilty today to one count of filing false income tax returns, one count of wire fraud, and one count of aggravated identity theft, United States Attorney Benjamin B. Wagner announced.According to court documents, Hernandez worked for the IRS Service Center in Fresno as a part-time data entry clerk. While employed in that capacity, Hernandez filed three tax returns for herself claiming excessive federal tax withholdings as a result of falsely claimed interest and dividend income. Based on these fraudulent returns, Hernandez obtained more than $175,000 in refunds from the IRS.
In addition, in April 2010, Hernandez stole 68 tax returns from the IRS Service Center and filed fraudulent tax returns using information contained on the stolen tax returns to claim excessive federal tax withholdings. In total, Hernandez attempted to claim more than $1,745,000 in fraudulent tax refunds.
“IRS Criminal Investigation has made investigating refund fraud and identity theft a top priority,” said IRS Special Agent-in-Charge José M. Martinez, “especially in those situations where individuals with positions of trust commit fraud by taking taxpayer information to file fraudulent tax returns in the name of the stolen identity to obtain a larger tax refund. This resulted in significant harm to those taxpayers whose identities were stolen, as well as a monetary loss against the U.S. Treasury.”
“Identity theft has become a modern-day scourge in American society, for the damage it inflicts on its victims can be personally, professionally, and financially devastating,” said Rod Ammari, Special Agent in Charge, San Francisco Field Division, Treasury Inspector General for Tax Administration (TIGTA). “Those who engage in such crimes need to know that TIGTA and its law-enforcement partners will actively investigate IRS-related identity theft cases, and work with the U.S. Attorneys’ offices where perpetrators will be prosecuted to the fullest extent of the law.”
This case is the product of an extensive investigation by the Internal Revenue Service, Criminal Investigation and TIGTA. Assistant United States Attorneys Grant B. Rabenn and Christopher D. Baker are prosecuting the case.
Hernandez is scheduled to be sentenced by U.S. District Judge Anthony W Ishii on April 14, 2014. She faces a maximum statutory penalty for filing false income tax returns of three years in prison and a $250,000 fine. The maximum statutory penalty for wire fraud is 20 years in prison and a $250,000 fine. The aggravated identity theft charge carries a minimum mandatory term of two years in prison to be served consecutively with any other sentence and it carries a maximum statutory penalty of 15 years in prison. 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.
Plea Agreement
Forest Marijuana Cultivation Supplier Pleads GuiltyRead the Press Release
FRESNO, Calif. — Javier Rios Morales, 25, of Jalisco, Mexico, pleaded guilty today to conspiring to manufacture, distribute and possess with intent to distribute 3,405 marijuana plants and 350 pounds of processed marijuana seized from a grow site in Inyo National Forest, announced United States Attorney Benjamin B. Wagner.According to court documents, U.S. Forest Service agents found a marijuana cultivation operation in the Hogback Creek area of the Inyo National Forest. They set up trail cameras and photographed Rios making supply drops at a drop point to the site. Rios also picked up processed marijuana from the site. One of the load vehicles was tracked to several stash houses in Riverside County. Ultimately, agents executed four search warrants at the grow site and three residences in Riverside County.
Agents seized 3,405 marijuana plants, 350 pounds of processed marijuana, digital scales, highly toxic and illegal rodenticides, and 2,200 pounds of trash from the Hogback Creek grow site. In pleading guilty, Rios agreed to pay $6,572.14 to the U.S. Forest Service for removal and dumping fees associated with eradication of the site. Agents in Riverside County seized two pounds of methamphetamine, a methamphetamine laboratory, five firearms, $10,000 in cash, and two pounds of marijuana from a residence in Moreno Valley. Agents seized another 450 marijuana plants and marijuana cultivation at a stash house in Homeland. At another stash house in Romoland, they seized a firearm, marijuana shake and residue, and shipping labels consistent with the shipment of marijuana to Chicago.
Rios is scheduled for sentencing on April 14, 2014, by United States District Judge Lawrence J. O’Neill. He faces a sentence of five years to 40 years in prison and a $5 million fine. He is also subject to deportation to Mexico, upon completion of any prison term. 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 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), Inyo County Sheriff’s Office, and Riverside County Sheriff’s Office. Assistant United States Attorney Karen A. Escobar is prosecuting the case.
Plea Agreement
Bakersfield Woman Sentenced to 2.5 Years in Prison for Counterfeiting U.S. CurrencyRead the Press Release
FRESNO, Calif. —Shannon Nicole Johannsen, 35, of Bakersfield, was sentenced today by United States District Judge Lawrence J. O’Neill to two and a half years in prison for counterfeiting U.S. currency and possessing images of currency for counterfeiting purposes, United States Attorney Benjamin B. Wagner announced.According to court documents, from October 2012 to March 2013, Johannsen counterfeited Federal Reserve Notes in $100 and other denominations. She possessed computers, printers, paints, powders, cleaning agents, and numerous digital images of U.S. currency. On several occasions, Johannsen passed the counterfeit currency at retail stores and at a casino in Kern County.
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.
Yuba City Man Indicted for Child Pornography OffenseRead the Press Release
SACRAMENTO, Calif. A federal grand jury returned a one-count indictment today charging Chad Carl Jaycox, 23, of Yuba City, with receiving images of child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, Jaycox received the images between April 2011 and September 2013. Jaycox was convicted in 2010 of unlawful sex with a minor, and he was on probation for that offense when federal agents executed a search warrant at his residence in September 2013. Upon the discovery of child pornography, Jaycox was arrested by state law enforcement agents for a violation of his probation. According to court documents, Jaycox is being held without bail in the Sutter County Jail on three unrelated counts involving sex with underage girls in the Yuba City area in 2013.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Matthew G. Morris is prosecuting the case.
Jaycox faces a possible sentence of 15 to 40 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. Click on the “resources” tab for information about Internet safety.
Sacramento Man Indicted in Tax Refund SchemeRead the Press Release
SACRAMENTO, Calif. —A federal grand jury returned a 20-count indictment today charging Manuel Ruiz, 47, of Sacramento, with making false claims for tax refunds on federal income tax returns.
The indictment alleges that Ruiz made false claims on federal income tax returns that he filed on his own behalf and on behalf of eight other individuals for a total of $106,547.
Ruiz is scheduled for arraignment on February 6, 2014.
This case is the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Sherry Hartel Haus is prosecuting the case.
If convicted, Ruiz faces a maximum statutory penalty of up to five years in prison and a $250,000 fine on each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Citrus Heights Man Sentenced to 15 Years in Prison for Attempted Enticement of A MinorRead the Press Release
SACRAMENTO, Calif. — James Anthony Demotto, 31, of Citrus Heights, was sentenced today by United States District Judge Troy L. Nunley to 15 years and eight months in prison, to be followed by 20 years of supervised release, for attempted enticement of a minor, United States Attorney Benjamin B. Wagner announced.
According to the plea agreement, in May 2012, Demotto began communicating online with an undercover officer in Massachusetts who was posing as a 13-year-old girl. Within several minutes of chatting online, Demotto propositioned her to engage in online sexual conduct and to take photographs of herself.
By January 2013, Demotto engaged in Internet conversations of a sexual nature with two other undercover agents who were posing as under-aged girls. He repeatedly asked for sexually explicit pictures from the “girls.”
When law enforcement searched Demotto’s computer, they found evidence that he had been communicating with actual minors and had received sexually explicit pictures from them. There was also evidence that he had been searching for and downloaded images of child pornography from the Internet. A clown mask was located in his bedroom.
In sentencing Demotto, Judge Nunley expressed concerns about the number of victims in this case. In addition, Judge Nunley noted that Demotto had made attempts to meet with a fictional victim, driving down the street that he believed she lived on, and asking her in one online conversation if she “had seen someone in a clown outfit driving around [her] neighborhood?”
“This clearly illustrates why the FBI is committed to identifying and investigating individuals who seek to rob our children of their innocence,” said Special Agent in Charge Monica M. Miller of the FBI’s Sacramento Division. “Any images obtained by Mr. Demotto would likely have been traded among other offenders for years. I am proud of the efforts of our task force and the network of investigators who work tirelessly to identify and investigate individuals who seek to do harm to our innocent children.”
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Kyle Reardon prosecuted the case.
This prosecution is part of the Department of Justice’s ongoing Project Safe Childhood initiative which was launched to increase federal prosecutions of sexual predators of children, and to reduce the number of Internet crimes against children including child pornography trafficking. As a part of PSC, the United States Attorney’s Office has teamed with state and local agencies and organizations to increase law enforcement presence on the Internet, and to educate the public about safe Internet use, thereby reducing the risk that children might fall prey to online sexual predators. For additional information on the PSC initiative, please go to www.projectsafechildhood.gov coordinator.
Results Announced for Operation Broken Mailbox That Targeted Bulk Mail TheftRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney Benjamin B. Wagner and Deputy Chief Postal Inspector for Western Field Operations Dr. Gregory Campbell Jr. announced the results to date of Operation Broken Mailbox, an ongoing effort involving a surge of postal inspectors and analysts working with local law enforcement partners to investigate and prosecute stolen mail offenses.
Operation Mailbox was initiated following postal customer complaints about mail thieves who were attacking collection boxes via “fishing” techniques, prying open boxes in post office lobbies, breaking into postal delivery trucks, and counterfeiting postal keys to compromise collection boxes and Neighborhood Delivery Centralized Box Units (NDCBUs). The Postal Inspection Service deployed postal inspectors and analysts with strong mail theft investigation backgrounds from around the country to the Eastern District of California beginning in April 2013 to work with postal inspectors already assigned to Sacramento, Fresno, and Bakersfield.
In less than a year, the teams completed investigations leading to federal indictments against 21 defendants. Nine of these defendants have already been sentenced, and six more are awaiting sentencing after pleading guilty. In addition, at least six more persons have been charged by District Attorneys in Kern County and Sacramento County. Operation Broken Mailbox is still underway, and more prosecutions are anticipated.
“Protecting the security of the U.S. Mails, and protecting mail customers from the loss of valuable items and personal identity information, is an important responsibility of the U.S. Postal Inspection Service and of this office,” said U.S. Attorney Wagner. “I appreciate the responsiveness the Postal Inspection Service has shown in devoting resources to address this problem in the Central Valley. I also want to thank our local law enforcement partners for working so effectively with us in this effort.”
Deputy Chief Postal Inspector Campbell stated: “We work closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those who steal mail for criminal gain. A primary goal of the Postal Inspection Service is to protect postal customer’s mail and ensure that their mail is safe from theft.”
Among the cases developed in the course of the operation were the following:
• Sacramento: Postal inspectors secured indictments of three defendants who obtained stolen mail by breaking into NDCBUs in Elk Grove and Sacramento. One of the defendants used her position as a sales clerk at a retail establishment to open fraudulent accounts and use account information obtained from stolen mail. Postal inspectors also secured indictments of five other defendants conducting NDCBU break-ins in Rancho Cordova, Elverta, Rocklin, Roseville, Natomas, Rio Linda, Elkhorn, and Antelope. Several search warrants resulted in the recovery of hundreds of pieces of stolen mail and stolen postal keys.
• Fresno: Postal inspectors conducted a probation search on a recidivist believed to be involved in NDCBU break-ins in Fresno and Madera and recovered stolen mail and six counterfeit postal keys.
• Bakersfield: Postal inspectors identified a collection box fishing group and conducted surveillance that resulted in the arrest of three defendants for mail theft. Searches subsequent to the arrests recovered a large volume of stolen mail and several postal keys. The investigation resulted in the indictment of five suspects.
To date, Operation Broken Mailbox resulted in at least 22 arrests, 33 searches, the recovery of ten counterfeit or stolen postal keys, and the identification of more than 2,100 victims and nearly $400,000 in losses. The U.S. Postal Inspection Service worked closely with several law enforcement agencies, including the Sacramento Police Department, The Bakersfield Police Department, the Elk Grove Police Department, the Kern County Sheriff’s Office, and the Placer County Sheriff’s Office. The work of Operation Broken Mailbox is ongoing.
Ninth Circuit Court of Appeals Affirms Dismissal of Lawsuits Filed on Behalf of Marijuana DispensariesRead the Press Release
SACRAMENTO, Calif. — In October and November 2011, lawsuits were filed in each of the four California federal judicial districts seeking to halt federal enforcement of the Controlled Substances Act against marijuana dispensaries on a variety of grounds. The suits claimed that the federal government could not take any legal action against dispensaries because such action was a violation of the Ninth and Tenth Amendments, the Equal Protection Clause and the Commerce Clause. Following separate proceedings in each district, four different district court judges issued orders dismissing the cases. The plaintiffs in three of those cases appealed those decisions. Today, in an unpublished opinion, the Ninth Circuit affirmed the dismissals in all three cases.
The United States Court for the Eastern District of California was the first district court to reject a dispensary’s lawsuit. The Eastern District action was filed at the end of 2011 by Sacramento Nonprofit Collective, doing business as El Camino Wellness Center, and Ryan Landers. It was dismissed by U.S. District Court Judge Garland E. Burrell Jr. on Feb. 28, 2012.
Benjamin Wagner, the United States Attorney for the Eastern District of California, said: “Our responsibility as U.S. Attorneys is to enforce the Controlled Substances Act. Today’s decision rejecting the dispensary’s lawsuit is a straightforward application of existing precedent, which merely confirms that the CSA continues to be in full force and effect, regardless of state law.”
In the United States Court for the Southern District of California, the lawsuit filed by Alternative Community Health Care Cooperative Inc. was dismissed on March 5, 2012 by U.S. District Court Judge Dana M. Sabraw. Laura E. Duffy, the United States Attorney for the Southern District of California said: “The Ninth Circuit’s decision recognizes that U.S. Attorneys retain the right to enforce the CSA. We will continue to focus on federal interests in evaluating marijuana prosecutions in the Southern District of California, and will collaborate with our state and local partners to ensure the safety of our communities.”
The Ninth Circuit case is Sacramento Nonprofit Collective v. Holder, Case No. 12-15991.
Two Sentenced, Three Plead Guilty in Marijuana Cultivation ProsecutionsRead the Press Release
FRESNO, Calif. — Two more marijuana cultivators were sentenced and three entered guilty pleas today for their involvement in separate cases resulting from Operation Mercury, a six-county effort that focused on large-scale marijuana cultivation on agricultural land in the Central Valley, U.S. Attorney Benjamin B. Wagner announced.
6,158 Marijuana Plants/Firearms Seized from National Forest Grow (1:12-cr-300 LJO)
Osmin Norberto Mejia, aka Osmin Mejia Masariegos, 31, of La Libertad, Petén, Guatemala, was sentenced to seven years and three months in prison following his guilty plea last year to possessing a firearm in furtherance of drug trafficking and cultivating marijuana at a grow site in the Slick Rock area of the Sequoia National Forest in Kern County. He was also ordered to pay $3,393 to the U.S. Forest Service to cover the costs of cleaning up the grow site. Mejia is subject to deportation upon completion of his prison term.
According to court documents, Mejia was in possession of a shotgun when he encountered law enforcement officers executing a search warrant at the grow site and used the weapon to protect himself and the marijuana plants that he was growing there. Drug agents seized 6,158 marijuana plants from the cultivation site, along with the shotgun Mejia possessed and a rifle found in a tent at a campsite at the grow. The cultivation operation caused significant damage to the land and natural resources. Native vegetation and many oak trees were cut down to make room for the marijuana plants and the ground was terraced. Large amounts of trash and fertilizer bags were scattered throughout the grow site.
The case was investigated by the U.S. Forest Service, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the Kern County Sheriff’s Office.
1,313 Marijuana Plants/Handgun Seized from Terra Bella Grow (1:12CR318 LJO)
Jose Guadalupe Zavala Ramos, 33, of Michoacàn, Mexico, was sentenced to two years and three months in prison for conspiring to cultivate, distribute and possess with intent to distribute marijuana plants grown on a 40-acre agricultural parcel in Terra Bella that was rented by Baltazar Rodriguez, 44, also of Michoacàn. According to court documents, Zavala, along with Rodriguez and four others also charged in this case, was found at the cultivation site during the execution of a federal search warrant. The agents seized 1,313 marijuana plants and a loaded .38 caliber handgun from Rodriguez’s residence on the property. The agents obtained the search warrant following surveillance of a drug courier to the Terra Bella site who had delivered supplies to multiple grow sites on National Forest lands in Tulare, Kern, and Ventura Counties.
Zavala was sentenced following his guilty plea last October. In pleading guilty, Zavala acknowledged that he was to be paid $100 a day to assist in tending the marijuana plants. Three of Zavala’s co-defendants have also entered guilty pleas.
Rodriguez and the remaining co-defendant have requested a jury trial, which is set for later this year. The charges against them are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was also investigated by the U.S. Forest Service with assistance from, HSI, and the Tulare and Ventura County Sheriff’s Offices.
2,932 Marijuana Plants Seized in Fresno Ag Grow (Case No. 1:12C2341 LJO)
Rassamee Phothidokmai, 53; Paul Nokham, aka Boun Theung Hokham, 49; Thavone Onsyphanla, 51; all of Las Vegas, pleaded guilty today to conspiring to cultivate, distribute and possess with intent to distribute marijuana grown on an agricultural parcel on Marks Avenue in rural southwest Fresno. During the execution of a federal search warrant there, narcotics agents found the men, along with 2,932 marijuana plants, and a firearm. Court records indicate that some of the marijuana was destined for Las Vegas.
Sentencing for Nokham and Onsyphanla is scheduled for March 31, 2014 and for Phothidokmai on April 7, 2014. They face a maximum prison sentence of 20 years and a fine of up to $1 million. Their actual sentences 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 investigated by the Drug Enforcement Administration and the Fresno County Sheriff’s Office.
***
Each of the above cases stem from Operation Mercury, an intensive marijuana eradication and enforcement effort initiated in 2012 by federal, state, and local law enforcement agencies in six counties to address the increasing problem of the cultivation of marijuana on agricultural land. Operation Mercury resulted in the seizure of nearly half a million marijuana plants and the prosecution of 84 defendants in federal court in Fresno.Assistant U.S. Attorney Karen A. Escobar is handling the above marijuana prosecutions.
Stockton Man Sentenced for Escaping from Mendota Federal Correctional InstitutionRead the Press Release
FRESNO, Calif. – Michael Paul Thompson, 32, of Stockton, was sentenced today by U.S. District Judge Lawrence J. O’Neill to 13 months in prison for escaping from the custody of a federal correctional institution, United States Attorney Benjamin B. Wagner announced.
According to court documents, Thompson escaped from Federal Correctional Institution–Mendota, on October 12, 2011. He had been serving a 10-year sentence following his conviction in June 2010 for conspiring to distribute and possess with intent to distribute methamphetamine.
Thompson was apprehended in Stockton on March 29, 2013, after leading police officers on a 20-minute high-speed chase reaching speeds of 100 mph in moderate-to-heavy traffic. The reckless endangerment during this flight required police officers to undertake physical intervention, resulting in major damage to one police vehicle.
This case was the product of an investigation by the U.S. Marshals Service and the Stockton Police Department. Assistant U.S. Attorney Christopher Baker prosecuted the case.
Sentences and Plea Agreements in Child Exploitation CasesRead the Press Release
FRESNO, Calif. — Today, two defendants were sentenced, three defendants pleaded guilty, and a defendant is back in custody after breaking the terms of his supervised release, United States Attorney Benjamin B. Wagner announced.
“While there is no way to undo the despicable crimes committed against these innocent and vulnerable children, it is a relief that the defendants found guilty of these crimes will no longer be in a position to carry out their criminal acts,” said Mike Prado, resident agent in charge of HSI Fresno “HSI will continue to work tirelessly with its federal and local law enforcement partners to seek justice for the young victims in these cases, who will bear the emotional and physical scars of these crimes for the rest of their lives.”
Except as noted, all cases are being prosecuted by Assistant United States Attorney David Gappa.
Twenty Years in Prison for Idaho Man (1:13-cr-045 LJO)
Allen Trent Carter, 53, of McCammon, Idaho, was sentenced today by United States District Judge Lawrence J. O’Neill to 20 years in prison to be followed by a lifetime term of supervised release.
According to court documents, Carter was identified during the course of an investigation of his son, Bradley Vaine, 27, of Fresno, who is being prosecuted for trafficking in child pornography. According to a criminal complaint, Vaine and Carter exchanged many images of child pornography and engaged in many chat sessions on Facebook in which they discussed the sexual abuse of children. A federal search warrant was executed at Carter’s residence in Idaho, and he admitted he had exchanged images of child pornography with Vaine in August and October 2012. Carter has been detained in federal custody, as a flight risk and danger to the community, since his arrest in Idaho on January 8, 2013. The charges against Vaine are pending. He is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was the result of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) offices in Fresno and Idaho Falls, Idaho with assistance from the Idaho State Police and the Bannock County Sheriff’s Office.
Air Force Employee Sentenced to 13 Years in Prison (1:13-cr-145 AWI)
Ronald Townsend, 30, of Rosamond was sentenced to 13 years in prison for receipt and distribution of child pornography. He will also be required to serve a lifetime term of supervised release upon his release from prison during which he will be required to register as a sex offender and his access to the Internet, computers, and minors will be restricted. According to court documents, Townsend came to law enforcement’s attention when he chatted online with an undercover detective on January 30, 2013. At that time he sent about 40 images of child pornography in order to obtain videos from the undercover detective. Townsend also developed relationships online and on the phone with under-aged girls, one 13 and one 16 years old. As part of the plea agreement, he provided the court today with $7,500 that was ordered as restitution.
This case is the product of an investigation by the Air Force Office of Special Investigations.
Bakersfield Cases: Two Plead Guilty and One Admits to Supervised Release Violations
John Brian Noblia, 33, of Bakersfield, pleaded guilty to one count of receipt and distribution of a visual depiction of a minor engaged in explicit conduct. His sentencing is set for March 31, 2014. He faces a sentence of five to 20 years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. This case is the product of an investigation by HSI. Assistant United States Attorney Megan Richards is prosecuting the case. (1:13-cr-143 LJO)
Fernando David Rangel, 20, of Bakersfield, pleaded guilty today to receiving images of child pornography. He admitted in a plea agreement that he used the Internet and a computer to receive between 300-600 images of child pornography, including images that depicted prepubescent minors and images of violence or sadistic conduct. His sentencing is scheduled for March 31, 2014. He faces a sentence of five to 20 years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. This case is the product of an investigation by the FBI. (1:13-cr-280 LJO).
Christopher Kent Bowersox, 42, of Bakersfield, today admitted to two violations of his supervised release conditions in a proceeding before U.S. Magistrate Judge Gary S. Austin. Bowersox had been released from prison, after serving a sentence for possession of child pornography and had served five months of a 10-year term of supervised release. He admitted today that he had accessed the Internet and viewed adult pornography in violation of conditions of his supervised release. Bowersox has been in custody since December 26, 2013. He will be sentenced on February 24, 2014, and he faces a potential term of two years in prison. The actual sentence imposed, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines. (1:10-cr-082 AWI).
Modesto Man Pleads Guilty to Receipt and Distribution of Child Pornography (1:12-cr-384 AWI)
Ted Lee Duran, 49, of Modesto, pleaded guilty today to receipt and distribution of child pornography. According to court documents, a relative of Duran went to Modesto Police and reported finding child pornography on a phone that Duran had borrowed. Further investigation revealed that Duran had received more than 600 images of minors being sexually abused, some of which depicted violence or were of sadistic conduct.
Duran is scheduled to be sentenced on March 24, 2014, at 10:00 am. He faces a potential sentence of five to 20 years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. This case is the product of an investigation by the FBI and the Modesto Police Department.
These cases were 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.
Kings County Woman Sentenced to Prison for Stealing Disability Benefits from Department of Veterans AffairsRead the Press Release
FRESNO, Calif. – Nola Diane Collins, 60, of Armona, was sentenced today by U.S. District Judge Lawrence J. O’Neill to five months in prison for stealing disability compensation benefits paid by the U.S. Department of Veterans Affairs, United States Attorney Benjamin B. Wagner announced. Collins also was ordered to pay $76,998 in restitution to the VA.
According to court documents, Collins’s husband received benefits paid by the U.S. Department of Veterans Affairs (VA) until his death in December 2007. For two years after his death, Collins unlawfully received and spent the VA benefits totaling approximately $76,998. Collins never notified the VA that her husband was deceased. On several occasions, Collins forged her husband’s signature to the benefit checks and passed them at a convenience store, telling the store clerk that her husband was disabled and unable to cash the check himself.
This case was the product of an investigation by the U.S. Department of Veterans Affairs, Office of Inspector General. Assistant U.S. Attorney Christopher Baker prosecuted the case.
Bakersfield Man Pleads Guilty to Illegal Cash DepositsRead the Press Release
BAKERSFIELD, Calif. — Miguel Antonio Ruiz Jaramillo, 66, of Bakersfield, pleaded guilty today to one count of aggravated structuring of cash transactions, U.S. Attorney Benjamin B. Wagner announced.
According to the plea agreement, Jaramillo operated a gardening service. He issued invoices that billed a client $10,000 or less. The client then would write checks for the amount on the invoice. From January 2010 through July 2012, Jaramillo cashed more than 50 checks for $10,000 or less at Valley Republic Bank in Bakersfield, totaling more than $420,000. Jaramillo had the checks cashed in this manner to prevent, or attempt to prevent, the bank from filing a Currency Transaction Report (CTR) on those transactions. He did not want a CTR filed because for the years 2010 and 2011, he did not declare the structured cash transactions as income on his federal tax returns.
This case is the product of an investigation by the Central California Financial Crimes Task Force (CCFCTF), which is dedicated to investigating and prosecuting money laundering and Bank Secrecy Act crimes in the San Joaquin Valley. CCFCTF is led by the Internal Revenue Service, Criminal Investigation, with participation from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bakersfield Police Department, and the Fresno Police Department. Assistant United States Attorneys Grant B. Rabenn and Patrick Delahunty are prosecuting the case.
Jaramillo is scheduled to be sentenced on April 7, 2014. He faces a maximum statutory penalty of 10 years in prison and a $500,000 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.
Jury Finds Fresno Man Guilty of Mortgage Fraud SchemeRead the Press Release
FRESNO, Calif. — After a four-day trial, a federal jury announced it had reached a verdict at 5:15 p.m., United States Attorney Benjamin B. Wagner announced.
The jury found Randy Lee Wilkins, 47, of Gilroy, guilty on all counts in connection with a mortgage fraud scheme: one count of conspiracy to commit wire fraud and bank fraud, three counts of bank fraud, and three counts of wire fraud. United States District Judge Lawrence J. O’Neill committed Wilkins into custody immediately following the jury verdict.
According to court documents and evidence presented at trial, between April 2006 and May 2007, Wilkins conspired with a business partner, Joseph George Tkac, and another individual to fraudulently obtain mortgages for three houses in Fresno on E. Ashlan, S. Phillip, and N. Adoline Avenues. Wilkins and his partners carried out the scheme through a business called JR Properties & Investments. They also obtained a home equity line of credit on one of the houses.
Wilkins had applications for the home loans submitted in Tkac’s name, who had better credit. The loan applications contained false statements concerning Tkac’s income, assets, liabilities, and intent to occupy the properties as his personal residence. Although the loans were taken out in Tkac’s name, the properties were later transferred to JR Properties and Investments.
In addition to obtaining the loans from financial institutions based on false statements and misrepresentations, Wilkins received kickbacks funded by loan origination fees and other charges. The proceeds from the home equity line of credit, and other funds received through the scheme, ended up in either the JR Properties and Investments bank account or in a personal account controlled by Wilkins. Notably, the kickbacks were not disclosed to the lending institutions on the HUD-1 settlement statements as required.
According to evidence presented at trial, Wilkins used the loan proceeds for his living expenses and to gamble at a local casino. For several months Wilkins made payments on the real estate loans to the lenders. Ultimately, however, he stopped making payments and the properties went into foreclosure. As a result of Wilkins’s conspiracy and scheme to defraud, the lenders on the home loans suffered more than $615,000 in losses.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorneys Kirk E. Sherriff and Grant B. Rabenn are prosecuting the case.
Wilkins is scheduled to be sentenced on March 24, 2014 by United States District Judge Lawrence J. O’Neill. Wilkins faces a maximum sentence of 30 years in prison and a $1 million fine on each count. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Tkac previously pleaded guilty to conspiracy to commit mail fraud and bank fraud for his involvement in this scheme. He is scheduled to be sentenced on February 24, 2014. (Case no. 1:10-cr-00152 LJO).
U.S. Attorney’s Office for the Eastern District of California Collects $63.8 Million in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2013Read the Press Release
Total Recoveries Including Shared Cases and Forfeitures Exceeds $81.9 Million
SACRAMENTO, Calif. — U.S. Attorney Benjamin Wagner announced today that the U.S. Attorney’s Office for the Eastern District of California collected $63,833,023 in criminal and civil actions in Fiscal Year 2013. Of this amount, $2,317,646 was collected in criminal actions and $61,515,377 was collected in civil actions.
Additionally, the Eastern District of California worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $11,917,100 in cases pursued jointly with these offices. Of this amount, $108,208 was collected in criminal actions and $11,808,892 was collected in civil actions.
Total collections in civil and criminal cases involving the office, therefore, were in excess of $75.6 million. These figures represent actual dollars received, not judgment amounts.
Additionally, the U.S. Attorney’s Office in the Eastern District of California, working with partner agencies and divisions, collected $6,183,607 in asset forfeiture actions in FY2013. Forfeited assets are deposited into the Department of Justice Assets Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes. When forfeitures are added to collections in civil and criminal cases, total recoveries in FY 2013 involving the Eastern District exceeded $81.9 million.
Attorney General Eric Holder announced on Thursday that the Justice Department collected approximately $8.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“The department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the taxpayer,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the Department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”
“Financial recoveries are a critical part of the Department’s mission to hold those who violate the law accountable for the injury they cause to victims and the general public,” said U.S. Attorney Wagner. “Each year we collect far more for victims and taxpayers than the total cost of operating our office. During this time of continued fiscal constraint, these collections are more important than ever. We will continue to aggressively pursue compensation from those who commit crimes in our district and civil wrongs, to ensure that the wrongdoers — not the public — bear the costs of unlawful conduct here in the Eastern District of California.”
Major recoveries in the Eastern District of California in FY 2013 included $45 million from PG&E and its contractor Provco for damages caused by the Power Fire, which burned approximately 13,000 acres of the El Dorado National Forest in October 2004, and an additional $5.5 million from PG&E and its contractors ACRT, Inc. & Davey Tree for damages caused by the James Fire on the Mendocino National Forest in June 2008. The district also recovered $14.2 million on a settlement of allegations that Adventist Health improperly compensated physicians who referred patients to Adventist’s White Memorial facility, in violation of the Anti-Kickback Act and Stark Statute.
The U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
The figures announced today do not include money recovered on the recent $13 billion settlement of fraud claims against JPMorgan Chase & Co. in connection with residential mortgage backed securities. Although several billion dollars has already been paid on that settlement, the payments were received in Fiscal Year 2014 (which began in October) and so will be included in a future announcement on recoveries during that fiscal year.
Southern California Doctor Sentenced to over 3 Years in Prison for Medicare Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Dr. Emilio Louis Cruz III, 61, of Carson, Calif., was sentenced today by United States District Judge Morrison C. England Jr. to three years and two months in prison and ordered to pay $601,581 in restitution for his role in a conspiracy to commit Medicare fraud, United States Attorney Benjamin B. Wagner announced.
According to court documents, Cruz earned an undergraduate degree from Johns Hopkins University and his medical degree from Yale University. He held medical licenses in three states and was board certified in neurology. According to his plea agreement and the testimony heard at the trial of Cruz’s co-defendants, doctors Ramanathan Prakash, Alexander Popov, and Lana LeChabrier, and a man named Vardges Egiazarian owned and controlled three health care clinics in Sacramento, Richmond, and Carmichael from February 2006 through August 2008. Over this time period, Cruz ran the practice at the Carmichael clinic on 3609 Mission Avenue. He established a Medicare provider number for the clinic and established a bank account into which Medicare funds were deposited. Hundreds of claims were submitted to Medicare seeking reimbursement for services allegedly performed at the Carmichael clinic under Cruz’s care. Cruz, however, never treated a single patient. Indeed, during the majority of the time that the Carmichael clinic operated, he was living and practicing in North Dakota. A similar pattern was followed at the other two clinics operated by Egiazarian, and not one of the physicians submitting bills to Medicare ever treated a single patient.
According to evidence at trial, the clinic’s patients were primarily elderly and non-English speaking. They were recruited and transported to the clinics by individuals who were paid according to the number of patients they brought to the facilities. Rather than being charged a co-payment, the patients were paid for their time and the use of their Medicare eligibility, generally $100 per visit. False charts were created stating that each patient received comprehensive exams and a broad array of diagnostic tests. Few of these tests were ever performed, none were performed based on any medical need, and clinic employees filled out other portions of the charts using preprinted templates. Some clinic employees admitted to performing various tests on themselves, and placing the results in patient files.
In all, the three clinics submitted more than $5 million worth of fraudulent claims to Medicare, $1.7 million of which was actually paid. With respect to claims submitted for services purportedly provided by Cruz at the Carmichael clinic, Medicare paid $601,581.
The only defendants to go to trial, doctors Prakash, Popov, and LeChabrier, were found guilty by a jury on July 8, 2011, of conspiracy to commit healthcare fraud and various counts of healthcare fraud.
This case is the product of an investigation by the Office of the Inspector General for the Department of Health and Human Services and the Federal Bureau of Investigation. Assistant United States Attorneys Philip Ferrari and Jean M. Hobler are prosecuting the case.
Others who were charged in this matter include:
- Ramanathan Prakash, a doctor involved with the Sacramento clinic, is currently serving 10 years in prison.
- Lana LeChabrier, a doctor involved with the Richmond clinic is currently serving six and a half years in prison.
- Vardges Egiazarian pleaded guilty early in the case and has served his six and a half years sentence.
- Alexander Popov, a doctor involved with the Sacramento clinic, is currently serving eight years and one month in prison.
- Nazaret Salmanyan, an unlicensed ultrasound technician who worked at all three clinics, pleaded guilty and on November 14, 2013, was sentenced to 20 months in prison.
- Derrick Johnson, a doctor involved with the Richmond clinic, pleaded guilty and is awaiting sentencing.
- Zoya Belov, a nurse licensed in Russia but not the United States who worked at all three clinics, pleaded guilty and is awaiting sentencing.
- Liw Jiaw Saechao, aka Jenny Saechao, recruited patients, pleaded guilty, and is awaiting sentencing.
- Migran Petrosyan, a co-owner of the Richmond clinic, pleaded guilty, and on December 5, 2013, was sentenced to 27 months in prison.
- Shushanik Martirosyan, a medical biller who submitted claims to Medicare for all three clinics, pleaded guilty and on October 24, 2013, was sentenced to 18 months in prison.
Sacramento Men Plead Guilty to Attempted Enticement of A MinorRead the Press Release
SACRAMENTO, Calif. — Nicholas Perry, 36, of Sacramento, and Eric Johnston, 23, of Folsom, pleaded guilty today to attempted enticement of a minor, United States Attorney Benjamin B. Wagner announced.
According to court documents, on May 29, 2012, an undercover detective with the Sacramento Internet Crimes Against Children (ICAC) task force responded to a Craigslist advertisement posted by Brandon Marks in which Marks sought to acquire children’s underwear. After a week of online and cellphone communications, Marks agreed to meet the undercover detective in order to have sex with the detective’s fictional 13-year-old child.
Following his arrest, Marks allowed law enforcement to assume his online identity. One of the people with whom Marks was communicating with was Perry. Prior to meeting with law enforcement, Marks had told Perry through email that he was “meeting a dad and his daughter and taking pics ;).” After assuming Marks’s identity, law enforcement (posing as Marks) offered to introduce Perry to the daughter. Perry communicated with Johnston about the meeting and offered to introduce Johnston to the fictional father.
After being introduced, each defendant communicated directly via email with law enforcement about the fictional 13-year-old. Perry and Johnston agreed to meet Marks, the father, and his daughter in order to have sex with the daughter.
Following his arrival at the meeting location, Johnston was arrested. After his arrest, Johnston received a text message from Perry asking if he was there. Law enforcement responded to Perry (posing as Johnston), and told Perry that he had arrived and that he was waiting with the father and daughter. Perry arrived approximately 45 minutes later and was arrested. Both defendants have been in federal custody since their arrest.
Marks pleaded guilty to attempted enticement of a minor and was sentenced to 12 years in prison in May 2013.
Perry and Johnston are scheduled to be sentenced on April 3, 2014. They each face a statutory penalty of no less than 10 years and up to life 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.
This case is the product of an investigation by the Sacramento Internet Crimes Against Children (ICAC) Task Force, 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 Kyle Reardon is prosecuting the case.
This case s brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.Former Sacramento Area Loan Officer Pleads Guilty to Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Alexander A. Romaniolis, 48, of Irvine, pleaded guilty today to mortgage fraud, United States Attorney Benjamin B. Wagner announced. A federal grand jury returned the three-count indictment on March 21, 2013, charging Romaniolis with mail fraud.
According to court documents, Romaniolis recruited five straw buyers to purchase eight California residential properties in Rocklin, Roseville and San Clemente. Romaniolis assisted the straw buyers in providing false information to lenders about their employment, income, assets, and intent to occupy properties as primary residences. In most cases, the straw buyers claimed to be executives of companies created and controlled by Romaniolis. He was responsible for the origination of more than $5 million in residential mortgage loans in the scheme. All of the properties were foreclosed on, resulting in a total loss of more than $2 million.
This case is the product of an investigation by the Federal Bureau of Investigation and the California Attorney General’s Mortgage Fraud Task Force. The Huntington Beach Police Department assisted in the arrest. Assistant United States Attorney Jean M. Hobler is prosecuting the case.
Romaniolis is scheduled to be sentenced on March 27, 2014. He faces a maximum statutory penalty of 30 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.
Stockton Man Pleads Guilty to Drug and Gun Charges as A Result of Operation Gideon IVRead the Press Release
SACRAMENTO, Calif. — Luis Magana, 20, of Stockton, pleaded guilty today to dealing firearms without a license and to distribution of methamphetamine in a case resulting from Operation Gideon IV, United States Attorney Benjamin B. Wagner announced.
Operation Gideon IV was an ATF surge that targeted violent criminals in an effort to dismantle criminal organizations operating in Stockton. Experienced undercover ATF special agents from throughout the U.S. were deployed with local ATF agents and Stockton police officers to conduct covert investigations into some of the most violent criminals in Stockton and surrounding areas. Operation Gideon IV ran from January to April 19, 2013, charging 55 individuals and seizing 84 firearms.
“Today’s guilty plea represents another win for law enforcement in successfully removing and locking up another gun trafficker and preventing collateral damage to innocent victims,” said Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Joseph M. Riehl. “These traffickers are the primary source and supply of arming violent criminals in our communities.”
According to court documents, special agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted an extensive investigation into Magana’s gun and drug dealing activities. During the course of this investigation, undercover special agents purchased and seized more than 2.9 kilograms of methamphetamine from Magana. Additionally, although Magana did not have a license to sell firearms, Magana sold undercover special agents five firearms during four separate transactions in February, March, and April, 2013.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.
Magana was taken into custody today after entering his guilty plea. His co-defendants, Erik Moreno and Juvenal Junez, both of Stockton, have already entered guilty pleas on drug distribution charges.
Magana is scheduled to be sentenced by Judge Lawrence K. Karlton on April 1, 2014. Magana faces a maximum statutory penalty of 40 years in prison and a $5 million fine for the drug distribution conviction. He faces a maximum sentence of five years in prison and a $250,000 fine for the gun conviction. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Modesto Man Sentenced to over Six Years in Prison for Bank RobberyRead the Press Release
SACRAMENTO, Calif. — Troy Foster Mitchell, 47, of Modesto, was sentenced today by United States District Judge Lawrence K. Karlton to six years and five months in prison and ordered him to pay $10,114 in restitution for bank robberies in Modesto and Stockton, United States Attorney Benjamin B. Wagner announced.
According to court documents, on May 14, 2013, while on supervised release after serving a prison term for a previous conviction, Mitchell entered the Valley First Credit Union in Modesto and passed a note to the bank teller demanding $5,000 in cash. The teller complied with the demand, and while she was doing so, another teller, recognizing Mitchell, walked by and said, “Hi, Troy.” Mitchell acknowledged her, and departed the credit union with $5,000 in cash.
Mitchell had filed an auto loan application with the bank on April 3, 2013, that included a copy of his driver’s license. Immediately following the robbery, a bank employee retrieved the application and gave it to the Modesto Police Department. Surveillance photos of the robber were consistent with Mitchell’s driver’s license photo. The application and driver’s license in the file listed Mitchell’s home address.
According to the plea agreement, on May 31, 2013, Mitchell entered the Bank of the West in Stockton and passed a note to the bank teller demanding all of the $100 bills without a dye pack. The teller gave Mitchell $5,114. Mitchell departed the bank, leaving the demand note behind. The demand note was written on the back of a voided paycheck made out to Troy F. Mitchell and listed Mitchell’s home address.
This case is the product of an investigation by the Federal Bureau of Investigation, the Modesto Police Department, and the Stockton Police Department. Assistant United States Attorney Sherry D. Hartel Haus prosecuted the case.
Service Member at U.S. Naval Air Station in Lemoore Pleads Guilty to Sex Trafficking of A MinorRead the Press Release
FRESNO, Calif. —Charles Ray Benavidez, 33, an Aviation Ordnanceman Second Class, serving at the Naval Air Station Lemoore, pleaded guilty today to one count of sex trafficking of a minor, United States Attorney Benjamin B. Wagner announced.
According to court documents, in April 2013, Benavidez knowingly recruited a 17-year-old female to engage in commercial sex acts in Kings and Tulare Counties. Benavidez was indicted in May 16, 2013, and has been in federal custody since May 23, 2013.
“This office is committed to doing all we can to protect our children from the plague of prostitution,” said U.S. Attorney Wagner. “We will identify, prosecute and punish the criminals who treat young girls as if they were commodities in the sex trade.”
“This defendant was sworn to defend this country, yet his callous and calculating actions put a trusting teenager directly in harm’s way,” said Mike Prado, resident agent in charge for HSI Fresno. “HSI will continue to work closely with its federal and local partners to target sexual predators, like this individual, who ruthlessly exploit vulnerable young people for their own gratification and greed.”
Benavidez is scheduled to be sentenced by Senior United States District Judge Anthony W. Ishii on March 17, 2014. He faces a minimum statutory sentence 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.
This case is the product of an investigation by the Central California Internet Crimes Against Children task force, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Naval Criminal Investigative Service (NCIS), and the Porterville, Tulare, and Lemoore police departments. Assistant United States Attorney Brian W. Enos is prosecuting the case.
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.
Plea Agreement
Operation Mercury CasesRead the Press Release
FRESNO, Calif. — Today, one marijuana cultivator entered a guilty plea and one was sentenced for their involvement in separate cases resulting from Operation Mercury, a six-county eradication and enforcement effort that focused on large-scale marijuana cultivation operations on agricultural land in the Central Valley, U.S. Attorney Benjamin B. Wagner announced.
4,011 Marijuana Plants Seized in Alpaugh (1:12-cr-234 LJO)
Bonifacio Cano Gutierrez, 20, of Colima, Mexico, was sentenced today to two years and six months in prison following his guilty plea last October to a marijuana cultivation conspiracy. He is subject to deportation to Mexico upon completion of his prison sentence. Cano was the seventh of eight defendants to plead guilty to conspiring to cultivate, distribute and possess with intent to distribute marijuana on 20-acres of agricultural land in Alpaugh owned by Saul Antonio Morales, 49. Cano was responsible for the cultivation of 899 marijuana plants in one of 14 plywood fenced plots on Morales’ property, which contained a total of 4,011 marijuana plants.Cano had an expired medical marijuana recommendation from a doctor he had never seen. (The doctor has been indicted in a separate federal case with the unlawful distribution of oxycodone and hydrocodone, as well as various financial crimes.) Court documents indicate that Cano would get a cut of the profits from the interstate sale of marijuana from Morales’ son, Gerardo Morales, 20, who was sentenced in November to three years and one month in prison for this drug conspiracy.
In October, a federal jury convicted Saul Morales, the property owner, of four narcotics offenses relating to the marijuana cultivation operation. He faces a mandatory minimum prison term of 10 years in prison, a maximum prison term of life, and a fine of up to $4 million. His sentencing is currently set for January 27, 2014. 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 product of an investigation by the U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, and Firearms and explosives, and Tulare County Sheriff’s Office.
2,932 Marijuana Plants Seized in Fresno (1:12-cr- 341 LJO)Phonepaseuth Phaphilom, 27, of Fresno, pleaded guilty today to conspiring to cultivate, distribute and possess with intent to distribute marijuana grown on an agricultural parcel on Marks Avenue in rural southwest Fresno. During the execution of a federal search warrant there, narcotics agents found Phaphilom with four other men from out of the area, 2,932 marijuana plants, and a firearm. Phaphilom, who was detained pretrial based in part on a criminal history that included weapons and narcotics violations, said he was going to sell the marijuana “up North” for $800 a pound. Based on a conservative one pound per plant yield, the cultivation operation was valued at over $2.3 million. In addition, court records indicate that some of the marijuana was destined for Las Vegas.
Phaphilom is scheduled for sentencing on March 17, 2014. He faces a maximum prison sentence of 20 years and a fine of up to $1 million. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was the product of an investigation by the DEA and Fresno County Sheriff’s Office. Operation Mercury has so far resulted in the seizure of nearly half a million marijuana plants and the prosecution of 84 defendants in federal court in Fresno.
Assistant U.S. Attorney Karen A. Escobar is handling the above marijuana prosecutions.
Modesto Man Pleads Guilty to Possession of Child PornographyRead the Press Release
FRESNO, Calif. —Alberto Morales, 31, of Modesto, pleaded guilty today to possessing child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, on February 1, 2013, Morales possessed between 300 and 600 images depicting minors engaged in sexually explicit conduct. The images also involved the portrayal of sadistic, masochistic, and other depictions of violence, and included depictions of pre-pubescent minors.
Morales is scheduled to be sentenced by United States District Judge Lawrence J. O’Neill on March 17, 2014. In light of a prior conviction, Morales faces a minimum statutory sentence 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.
This case is the product of an investigation by the Central California Internet Crimes Against Children Task force, including 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 is prosecuting the case.
“Tragically, this case is not an anomaly — it’s all too common for child sexual predators to reoffend,” said Mike Prado, resident agent in charge for Homeland Security Investigations (HSI) in Fresno. “That’s why HSI and its law enforcement partners must remain unceasingly vigilant. It’s the only way to protect our youth and ensure that individuals, like this defendant, are held accountable for their crimes.”
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.
Plea Agreement
Madera and Merced County Men Sentenced for Methamphetamine Trafficking OffensesRead the Press Release
FRESNO, Calif. — Rafael Velasco, 36, of Madera, was sentenced today by United States District Judge Lawrence J. O’Neill to 14 years in prison for conspiracy to distribute and possess with intent to distribute methamphetamine, United States Attorney Benjamin B. Wagner announced.
Velasco was the last of seven defendants charged in related cases. The other defendants sentenced are:
- Gonzalo Esquivel, aka “Gunner,” 34, of Los Banos, sentenced to 15 years and five months in prison on November 4, 2013;
- Efren Steve Jiminez, aka “Grande,” 33, of Los Banos, was sentenced to 10 years in prison on November 4, 2013;
- Kenneth Hernandez, aka “Kenny,” 30, of Dos Palos, was sentenced to 12 years and four months in prison on December 2, 2013;
- Gustavo Moreno, aka “Gus Gus,” 33, of Madera, was sentenced to 12 years and four months in prison on September 23, 2013;
- David Torres, 33, of Madera, was sentenced to 10 years in prison on September 23, 2013; and
- Juan Herrera, aka “Joker,” of Madera, was sentenced to 16 years in prison on November 1, 2013.
According to court documents, the defendants were members or associates of the Norteño criminal street gang, which is under the control of the Nuestra Familia prison gang (NF). The NF utilizes the Norteños to engage in narcotics sales.
“The collaboration of federal, state, and local law enforcement agencies in this case was outstanding,” said U.S. Attorney Wagner. “Together, we have removed seven dangerous criminals from our neighborhoods for many years to come. The sentencing of Rafael Velasco concludes this case, but our collective efforts to root out and prosecute violent gang members who traffic in narcotics in the Central Valley continue to be vigorous.”
According to court documents, Velasco provided Juan Herrera with 1/8 of an ounce of methamphetamine to be included in a “package” to be delivered to individuals incarcerated at the Madera County Jail. On June 7, 2011, Velasco carried a Glock 9 mm Model 19 pistol in a lunch bag that also contained approximately one ounce of methamphetamine to his car. He was arrested within minutes of doing so, and the gun and methamphetamine was seized by law enforcement agents.
This case was the product of an investigation by the California Department of Justice Bureau of Investigation in coordination with the Drug Enforcement Administration, the Madera Narcotic Enforcement Team, the Merced Multi-Agency Narcotic Task Force, the Merced Multi-Agency Gang Task Force, the Los Banos Police Department, the Merced Police Department, the Madera Police Department, the Madera County Sheriff’s Office, and the Livingston Police Department. Assistant United States Attorney Kimberly A. Sanchez prosecuted the case.These cases were brought as part of the Project Safe Neighborhoods (PSN) initiative that brings together federal, state and local law enforcement to combat gun and gang crime. At the core of PSN is increased federal prosecution to incapacitate chronic violent offenders as well as to communicate a credible deterrent threat to potential gun offenders.
Fresno Man Sentenced for Possession of A Pipe BombRead the Press Release
Fresno, Calif. — United States District Judge Anthony W. Ishii sentenced Jon Smilanick, 36, of Fresno, today to 30 months in prison for possession of a pipe bomb in violation of the National Firearms Act, United States Attorney Benjamin B. Wagner announced.
According to court documents, on January 9, 2013, police were called to Smilanick’s ex-neighbors’ home with the report of a bomb detonating. They found the remnants of a detonated pipe bomb. The ex-neighbors reported that they believed that Smilanick had detonated the device as they had had ongoing problems with him.
According to the plea agreement, police obtained a search warrant for Smilanick’s residence and found bomb-making materials in the garage and a live pipe bomb in the house. Smilanick’s wife said that she had hidden the bomb because she did not want him to have it. While at the residence, another neighbor came by and told police that on two occasions, he heard explosions from the area of Smilanick residence and had once seen a man matching Smilanick’s build throw something over the back fence and then heard a loud explosion. Officers went to the area to which the neighbor directed them and found remnants of two different devices.
Smilanick admitted to manufacturing the devices. He referred to them as “firecrackers.” He said he had been making them since he was in the sixth grade. He said he taught himself to make pipe bombs, and that he had made three this year. None of the devices were registered with the National Registration and Transfer Record.
“This investigation is an example of the excellent cooperation we have with both the Fresno Police Department and the community as a whole. Because of this cooperation, we were able to seize these dangerous explosive devices, and ensure the violator faces justice,” said ATF Special Agent in Charge Joseph Riehl
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Fresno Police Department. Assistant United States Attorney Kimberly A. Sanchez prosecuted the case.
Bakersfield Man Sentenced to More Than 7 Years in Prison for Receiving Child PornographyRead the Press Release
FRESNO, Calif. — William George Gray, 51, of Bakersfield, was sentenced today by Senior United States District Judge Anthony W. Ishii to 7 years and 3 months in prison, to be followed by 10 years of supervised release, for receipt of child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, between October 30, 2011, and January 2, 2013, Gray received more than 600 images depicting minors engaged in sexually explicit conduct. The images also involved the portrayal of sadistic, masochistic, and other depictions of violence, and included depictions of pre-pubescent minors.
This case was the product of an extensive investigation by the Central California Internet Crimes Against Children task force and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Brian W. Enos is prosecuting the case.
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.