District of Connecticut

David B. Fein, United States Attorney for the District of Connecticut, announced that AMY KUHNER, 55, formerly of Madison, was sentenced today by Chief United States District Judge Alvin W. Thompson in Hartford to 15 months of imprisonment, followed by three years of supervised release, for making false statements about her use of federal grant monies.  KUHNER also was ordered to pay a $5,000 fine.

“At a time when every dollar of federal spending is precious, we will not hesitate to act to protect the money taxpayers provide for worthy causes,” said U.S. Attorney Fein.   “Any failure to fully and accurately account for such funds will be subject to  investigation, and where merited, vigorous prosecution.”

“Individuals who handle federal grant funds have an obligation to the government and taxpayers to exercise the utmost care in accounting for those funds,” said Susan J. Waddell, Special Agent in Charge of the Boston Regional Office of the Office of the Inspector General for the U.S. Department of Health and Human Services. “The most basic and obvious obligation is simply to tell the truth about how those funds are used.  This prosecution serves notice that where appropriate, we will not hesitate to investigate and prosecute those who violate that basic obligation.”

According to court documents and statements made in court, KUHNER was the Executive Director of Sunshine House, an organization formed for the purpose of constructing a facility in Madison to care for seriously ill children.  In September 2001, Sunshine House received an $836,190 federal grant to pay part of the construction costs of the center from the Health Resources Services Administration (“HRSA”), a program of the U.S. Department of Health and Human Services.  As Executive Director of Sunshine House, KUHNER was the only person who handled the grant money and exercised exclusive control over the use of the grant funds.

In July 2007, after all of the grant funds had been drawn down, HRSA asked Sunshine House to provide documentation of costs incurred by Sunshine House during the grant period.  In pleading guilty, KUHNER admitted sending to HRSA documents that falsely stated that Sunshine House had incurred architectural and engineering costs to date in the amount of $594,225.  The documents also omitted the fact that, from September 2001 through September 2006, KUHNER had received a gross salary of $417,932 and health insurance benefits totaling $22,294, and that most of this salary and benefits had been paid using grant funds.

In addition, KUHNER used grant funds to pay her salary in 2007 and 2008, after the grant had closed.

On July 25, 2012, KUHNER pleaded guilty to one count of making false statements about her use of federal funds.

This investigation was conducted by special agents from the Office of the Inspector General of the U.S. Department of Health and Human Services, the Federal Bureau of Investigation, and the Internal Revenue Service – Criminal Investigation.  The case was prosecuted by Assistant United States Attorney David J. Sheldon and Auditor Susan Spiegel.

PUBLIC AFFAIRS CONTACT:

U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 thomas.carson@usdoj.gov

David B. Fein, United States Attorney for the District of Connecticut, announced that ALBERT LOPEZ, 42, of Derby, was sentenced today by United States District Judge Stefan R. Underhill in Bridgeport to 72 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm and for violating the conditions of his supervised release from a previous federal conviction.

According to court documents and statements made in court, on April 2, 2011, a Connecticut State Trooper seized a loaded 9 millimeter pistol from LOPEZ’s waistband.  LOPEZ was released on bond but failed to appear for his state court hearing.  On April 15, 2011, LOPEZ was arrested by the United States Marshals Violent Fugitive Task Force as he tried to flee from another person’s residence.

Prior to April 2011, LOPEZ had been convicted of multiple felony offenses in Connecticut state court and federal courts in both Connecticut and Pennsylvania.  Specifically, LOPEZ has been convicted of second degree assault with a firearm, carrying a pistol without a permit, conspiracy to distribute cocaine, possession of contraband by an inmate, and possession of a firearm by a convicted felon.

It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

LOPEZ has been detained since his arrest on April 15, 2011.  On September 4, 2012, he pleaded guilty to one count of possession of a firearm by a previously convicted felon.

On March 3, 2008, LOPEZ was sentenced to 47 months of imprisonment and three years of supervised release for possession of a firearm by a previously convicted felon.  He was released from prison in March 2010 and was on supervised release at the time of his arrest in April 2011.

Judge Underhill sentenced LOPEZ to five years of imprisonment for being a felon in possession of a firearm, and a consecutive one-year prison term for violating his supervised release.

This matter was investigated by the Connecticut State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the United States Marshals Service.  The case was prosecuted by Assistant United States Attorneys Jonathan S. Freimann and Ndidi Moses.

PUBLIC AFFAIRS CONTACT:

U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 thomas.carson@usdoj.gov

David B. Fein, United States Attorney for the District of Connecticut, today announced that a federal grand jury sitting in Hartford has returned two separate indictments charging STEVEN THOMAS, 38, and MICHAEL THOMAS, 44, each with one count of theft from an Indian tribal organization and two counts of theft from an Indian tribal government receiving federal funds.  STEVEN THOMAS is the current Treasurer of the Mashantucket Pequot Tribal Council, and MICHAEL THOMAS is the former Chairman of the Mashantucket Pequot Tribal Council.

The indictment against STEVEN THOMAS alleges that, from January 2005 through June 2008, he stole Mashantucket Pequot Tribal Nation (“MPTN”) funds while he was the Assistant Director of MPTN’s Department of Natural Resources Protection.

The indictment against MICHAEL THOMAS alleges that, from October 2007 through April 2009, he stole MPTN funds while serving as the Chairman of the Mashantucket Pequot Tribal Council.

If convicted of stealing from an Indian tribal organization, both men face a maximum term of imprisonment of five years and a fine of up to $250,000.  If convicted of stealing from an Indian tribal government receiving federal funds, both men face a maximum term of imprisonment of 10 years and a fine of up to $250,000 on each count.

The indictments also include forfeiture allegations.  If convicted, STEVEN THOMAS faces forfeiture of approximately $739,743.64, and MICHAEL THOMAS faces forfeiture of $102,393.34 and two personal computers.

The defendants are scheduled to appear before United States Magistrate Judge Joan G. Margolis in New Haven on Monday, January 7, at 3:45 p.m.

U.S. Attorney Fein stressed that an indictment is not evidence of guilt.  Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

This case is being investigated by the Federal Bureau of Investigation and United States Department of Interior – Office of Inspector General.  The case is being prosecuted by Assistant United States Attorney Christopher Mattei.    

PUBLIC AFFAIRS CONTACT:

U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 thomas.carson@usdoj.gov

David B. Fein, United States Attorney for the District of Connecticut, today announced that FRANK CARR, also known as “FL,” 45, of New Haven, was sentenced yesterday by Chief United States District Judge Alvin W. Thompson in Hartford to 63 months of imprisonment, followed by five years of supervised release, for distributing heroin.  

According to court documents and statements made in court, on November 20, November 28, and December 22, 2011, CARR sold heroin to an individual working with law enforcement.

CARR was arrested on February 24, 2012.  At the time of his arrest, he possessed approximately 67 grams of heroin packaged for street-level distribution.

On July 2, 2012, CARR pleaded guilty to one count of possession with intent to distribute and distribution of heroin.

CARR has been detained since his arrest.

This matter was investigated by the Drug Enforcement Administration, with assistance provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Haven Police Department.  The case was prosecuted by Assistant United States Attorney Marc H. Silverman.          

PUBLIC AFFAIRS CONTACT:

U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 thomas.carson@usdoj.gov

David B. Fein, United States Attorney for the District of Connecticut, announced that ANDREW PARENTE, 76, of Hartford, pleaded guilty today before United States District Judge Robert N. Chatigny in Hartford to one count of conspiracy to possess with intent to distribute a Schedule II controlled substance, and one count of possession with intent to distribute and distribution of a Schedule II controlled substance.

According to court documents and statements made in court, in October and November 2011, PARENTE and Robert Gentile conspired to distribute and distributed Schedule II controlled substances, including oxycodone, in a form commonly known as OxyContin, and hydromorphone, in a form commonly known as Dilaudid.

Judge Chatigny has scheduled sentencing for March 22, 2013, at which time PARENTE faces a maximum term of imprisonment of 20 years on each count.

PARENTE has been released on a $50,000 bond since his arrest on February 10, 2012.

Gentile has been detained since his arrest on February 10, 2012.  On November 14, 2012, he pleaded guilty to multiple drug and firearms offenses.  He is scheduled to be sentenced on April 12.

This matter has been investigated by the Federal Bureau of Investigation, with the assistance of the U.S. Department of Health and Human Services, Office of Inspector General, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Connecticut State Police.  The case is being prosecuted by Assistant United States Attorney John H. Durham.

PUBLIC AFFAIRS CONTACT:

U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 thomas.carson@usdoj.gov

David B. Fein, United States Attorney for the District of Connecticut, announced that THOMAS BELLUCI, 51, of Greenwich, was sentenced today by United States District Judge Janet Bond Arterton in New Haven to 12 months and one day of imprisonment, followed by three years of supervised release, for possessing unregistered machine guns.  BELLUCI also was ordered to serve two months of home confinement immediately after his release from prison, perform 100 hours of community service and pay a $6,000 fine.

According to court documents and statements made in court, on August 22, 2011, Greenwich Police officers encountered BELLUCI at his residence on Cutler Road in Greenwich after a neighbor had reported that shots had been fired on BELLUCI’s property.  BELLUCI, who was alone in the house, initially stated that he did not hear any gunshots and he allowed officers to enter his home.  BELLUCI then showed officers only one side of the house, claimed that the living room encompassed the entire house and that there was no second floor to the house.  After BELLUCI led the officers through a door, which he at first stated was to a closet but, in fact, led to a hallway that opened into other rooms, BELLUCI ran into a room and locked the door.  Two officers then forced opened the door and spotted BELLUCI bent over several long gun cases that were on the floor.

When the officers asked BELLUCI if he had fired a weapon earlier, he admitted that he had fired a handgun out of his kitchen window.   However, he would not tell the officers where the firearm was.  The officers then attempted to restrain BELLUCI, but he resisted, struggled  with one officer and was tased by the other.  BELLUCI was placed into an ambulance and was taken to the hospital.

A subsequent search of BELLUCI’s home revealed more than 160 firearms, including 10 machine guns, at least eight of which were operational and fired multiple rounds with a single squeeze of the trigger.  Officers seized the firearms, as well as thousands of rounds of ammunition and other accessories.  None of the machine guns were registered in the National Firearms Registration and Transfer Record.

BELLUCI was arrested on federal charges on May 11, 2012, and was detained until his release on a $500,000 surety bond on July 30, 2012.  On October 9, 2012, he pleaded guilty to one count of unlawful possession of a machine gun.  He has been ordered to report to prison on February 14, 2013.

This matter was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Greenwich Police Department.  The case was prosecuted by Assistant United States Attorney Rahul Kale.

PUBLIC AFFAIRS CONTACT:

U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 thomas.carson@usdoj.gov

David B. Fein, United States Attorney for the District of Connecticut, announced that DERRICK FOGLE, 33, of Ansonia, was sentenced today by Senior United States District Judge Ellen Bree Burns in New Haven to 110 months of imprisonment, followed by three years of supervised release, for unlawfully possessing firearms.

According to court documents and statements made in court, on December 21, 2010, FOGLE possessed a Ruger P-89 nine millimeter handgun that was reported stolen.  The firearm had an extended clip loaded with 16 rounds of ammunition.  After subsequent investigation into FOGLE’s crack cocaine trafficking, law enforcement officers executed a search warrant at his residence on June 22, 2011.  The search revealed a Charter Arms Inc. Police Undercover .38 Special handgun loaded with six rounds of .38 caliber ammunition, an additional nine millimeter bullet, numerous plastic bags consistent with those used in packaging controlled substances for street-level distribution, three metal razor blades, a digital scale containing powder residue, several small pieces of crack cocaine, and four cellular telephones.

FOGLE has nine prior felony convictions.  It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

FOGLE was detained in state custody from June 22, 2011 until approximately January 8, 2012 on related state charges.  He has been detained in federal custody since January 19, 2012.

On June 7, 2012, FOGLE pleaded guilty to one count of possession of a firearm by a convicted felon.

This case was investigated by the Ansonia Police Department, the Shelton Police Department, and the Drug Enforcement Administration, with substantial assistance provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The case was prosecuted by Assistant United States Attorney Marc H. Silverman.

PUBLIC AFFAIRS CONTACT:

U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 thomas.carson@usdoj.gov