District of Delaware

WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that Donald Rice, formerly of Middletown, was sentenced on May 29, 2018, by Chief U. S. District Court Judge Leonard P. Stark to 48 months imprisonment. 

The sentencing came after Mr. Rice pleaded guilty on October 26, 2017 to two counts of wire fraud and one count of making false statements on tax returns. 

In December 2012, Mr. Rice became the trustee for a trust established to liquidate the assets of a closely-held investment company.  As part of the trust plan, Mr. Rice was responsible for maintaining the funds set aside to cover the anticipated taxes associated with the dissolution of the company.  Instead, between January 2013 and January 2015, Mr. Rice diverted approximately $3 million into his personal accounts through a series of wire transfers and the deposit of a cashier’s check.  Mr. Rice then used this money for personal expenses, including the acquisition of several tax preparation franchises, a down payment on a new home, jewelry and a luxury vehicle.  Federal law requires that all income, whether obtained legally or illegally be declared on tax returns.  However, Mr. Rice failed to report the proceeds of his fraud on his tax return for 2013. 

Mr. Rice also perpetrated a fraud against an elderly widow, and, after her death, her estate.  While assisting this client with her “estate planning” in August 2011, Mr. Rice gained signature authority over her bank accounts and became executor of her estate.  Following her death in March 2012, Mr. Rice wrote a series of checks to himself and his related business account, and liquidated a certificate of deposit for his personal use.  In addition, Mr. Rice failed to notify a public pension system of his client’s death and continued to collect and spend her pension payments until October 2013, approximately 18 months after her death.  Through these actions Mr. Rice stole additional funds totaling approximately $120,000.

U.S. Attorney Weiss stated, “The defendant preyed upon people who placed their trust in him, victimizing companies and vulnerable senior citizens alike.  His actions were unconscionable.  Individuals like Mr. Rice who take advantage their positions and of vulnerable members of society should understand that their conduct will be uncovered and will be met with serious consequences.  The sentence the Court imposed on Mr. Rice should send a clear signal to those thinking about abusing positions of trust and power.”

The case was investigated by the Internal Revenue Service Criminal Investigation and the FBI.  It was prosecuted by Assistant U.S. Attorney Lesley Wolf.  U.S. Attorney Weiss thanked the investigators for their excellent work in pursuing this investigation.

WILMINGTON, Del. — Today, U.S. Attorney David C. Weiss and U.S. Immigration and Customs Enforcement (ICE) returned a more than 500-year-old copy of Christopher Columbus’ letter describing his discoveries in the Americas to Spain during an evening repatriation ceremony at the Residence of the Spanish Ambassador to the United States. The letter, originally written in 1493, was stolen from the National Library of Catalonia in Barcelona and sold for approximately $1 million.

The return of the letter was the culmination of a seven-year investigation jointly conducted by ICE’s Homeland Security Investigations (HSI) and the U.S. Attorney’s Office in Delaware.  It began in 2011 when HSI Wilmington (Del.) and the Delaware U.S. Attorney’s Office received a tip that several 15th century original manually printed copies of the Columbus Letter were stolen from European libraries and replaced with forgeries without the knowledge of library officials or local law enforcement. The investigation determined that the stolen Columbus Letter from Spain was sold in November of 2005 for 600,000 Euros by two Italian book dealers.

In June 2012, a subject matter expert, accompanied by an HSI Wilmington Special Agent, visited the National Library of Catalonia in Barcelona and reviewed the Columbus Letter in the possession of the library at which time it was determined, in coordination with Spanish authorities and with support from HSI Madrid that the letter at the library was a forgery.

In March 2013, it was discovered that the Columbus Letter believed to have been stolen from Barcelona was reportedly sold for 900,000 euros in June 2011. Following extensive negotiations with the U.S. Attorney’s Office for the District of Delaware, the individual in possession of the letter volunteered to transfer custody to HSI Special Agents, which was then brought to Wilmington, Delaware in February 2014 for further examination. In March 2014, a subject matter expert evaluated the letter and determined that the document was “beyond all doubt” the original stolen from the National Library of Catalonia. Additionally, other experts conducted a series of non-invasive digital imaging tests, which determined, among other things, the probable use of a chemical agent to bleach the ink of National Library of Catalonia’s stamp and that the paper fibers of the Catalonia Plannck II Columbus Letter had been disturbed from their original state where the stamps were previously located.

U.S. Attorney Weiss stated, “The recovery of this Plannck II Columbus Letter on behalf of the Spanish government exemplifies not only the significance of federal agency partnerships in these complicated investigations, but the close coordination that exists between American and foreign law enforcement agencies.  We are truly honored to return this historically important document back to Spain – its rightful owner.  I commend the dogged efforts of HSI special agents and Department of Justice attorneys who are dedicated to the recovery of stolen cultural artifacts from around the world.”

“This evening ceremony is a showcase of the ties that bind the United States and Spain together,” said Ambassador of Spain to the United States Pedro Morenés. “The cooperation between Homeland Security Investigations and special units of the Guardia Civil has born great fruit in ensuring the return of stolen cultural property to Spain,” Ambassador Morenes added.

“I am pleased to be able to return a priceless piece of cultural property to its rightful owners,” said HSI Acting Deputy Executive Associate Director Alysa D. Erichs . “I would like to thank Ambassador Morenés for his hospitality in hosting us tonight, HSI Wilmington, Madrid, Brasilia, and Paris for their excellent work on this investigation, as well as the tremendous assistance by our partners at the U.S. Attorney’s Office in the District of Delaware, without whom today’s repatriation would not be possible,” Erichs added.

This case is being investigated by Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Jamie M. McCall.

WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that a federal grand jury charged Mark Consiglio, 48, of Elsmere, Delaware with three counts of illegally possessing a destructive device, commonly known as a pipe bomb.  Each charge carries a maximum penalty of 10 years of imprisonment, three years of supervised release, a $10,000 fine, and a $100 special assessment on each count, if convicted. 

The allegations against Consiglio include that he detonated a pipe bomb at his estranged wife’s residence in Elsmere in the early morning hours of March 12, 2018.  Subsequent searches of Consiglio’s residence yielded additional suspected pipe bombs as well as a .38 caliber revolver.   In February, Consiglio was charged with terroristic threatening by the State of Delaware for threatening to kill his wife.  

Consiglio made his initial appearance on the indictment before a federal magistrate judge on May 24, 2018.  The government filed a motion to detain Consiglio pending trial.  He did not contest detention.

U.S. Attorney Weiss offered the following statement, “The use of destructive devices poses a grave threat to the safety of this community. We will treat these threats accordingly and prosecute those who employ such weapons to the fullest extent of the law.” 

An indictment is merely an allegation and is not evidence of guilt.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. 

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives in coordination with the Office of the State Fire Marshal and the Elsmere Police Department and is being prosecuted by Assistant U.S. Attorney Alexander P. Ibrahim.

A man who solicited sexually explicit photos and videos from a minor and distributed them on the Internet was sentenced to 200 months in prison followed by 10 years of supervised release after pleading guilty to coercion and enticement of a minor to engage in sexual activity.  

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney David C. Weiss of the District of Delaware made the announcement after sentencing by U.S. District Judge Leonard P. Stark of the District of Delaware.

Justin R. Gulisano aka Emma Alexander Gulisano, 26, of Newark, New York, was charged on March 10, 2016, and pleaded guilty on Sept. 28, 2017. 

According to admissions made in connection with the plea agreement, Gulisano met the victim online when the victim was 15 years old. Gulisano began requesting and received sexually explicit images and videos from the victim. Gulisano posted the sexually explicit videos of the victim on a pornography website where they were downloaded, posted, and reposted by other viewers to additional pornographic websites.  Eventually, the victim refused to make and send additional images and videos.  Mr. Gulisano responded by threatening the victim on more than one occasion.  He threatened to post the victim’s images and videos on the Internet again, he threatened to share the images and videos with the victim’s brother, and he threatened the victim’s life.

U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Delaware Child Predator Task Force investigated the case.

Trial Attorney Lauren Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Graham L. Robinson of the District of Delaware prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

WILMINGTON, Del. – First, I want to thank the jury for their service. This was a complicated case. The subject matter was dense. Those of you who observed trial know, however, that the jury paid close attention to the witnesses and carefully reviewed the documents throughout the seven weeks of trial. Further, the jury’s questions during their deliberations demonstrated a comprehensive review of the evidence.

This was an important case to the citizens of Delaware. Wilmington Trust Company was the preeminent financial institution in the state. Founded more than 100 years ago by the DuPont family, Wilmington Trust was the gold standard. The bank’s demise was a significant development—significant to the Delaware community and especially the bank’s employees, shareholders and customers.

The defendants’ actions contributed to the bank’s demise. They loaned money to a small group of real estate developers when other banks were adopting a more cautious approach under the then existing difficult economic conditions. Many of these commercial loans came due in 2009. That was the moment of truth. Defendants made the conscious decision to lie about hundreds of millions of dollars in matured, past due loans.

Defendants’ failure to disclose these past due loans was significant. The volume of past due loans is a key metric for regulators and investors when evaluating the condition of an institution’s loan portfolio.

Defendants were a victim of their own arrogance. They convinced themselves that they knew better. They rationalized that it was somehow acceptable to waive over 300 million in matured, past due loans and mass extend another 500 million dollars in commercial loans without proper due diligence—because they knew better.  The fact is that defendants’ disclosure obligations were clear. They had an absolute responsibility to disclose these past due loans to the Federal Reserve, the SEC and the public. The failure to make these disclosures is particularly troublesome when defendants went to the market and asked the public to invest 287 million in capital in the Bank in February 2010.  The public had the right to know how the Bank was keeping score. Based on the Bank’s disclosures in the third and fourth quarter of 2009, no one could have known the true condition of Wilmington Trust’s loan portfolio.

The jury understood these facts. People who have mortgages, car loans, and credit cards understand that there are no loan extensions or waivers. When the bill comes due banks expect to be paid—period.

Finally, I want to thank the Assistant United States Attorneys and the agents who worked this case. Recently it’s become a bit of a sport to ridicule the DOJ, the FBI and other federal agencies. I won’t comment further on this issue globally, but I can speak to the agents and attorneys who work in Delaware. They are among the finest professionals in law enforcement. Robert Kravetz and Lesley Wolf have worked this investigation/prosecution for seven years. Jamie McCall has been with the team for the last three years. Dave Bole and Greg Mrozek from the FBI have been on this case from the beginning, along with Anthony Lopiccolo from IRS and Brendon Clark from SIGTARP. The case could not have reached this conclusion without their years of sacrifice and dedication. I am so proud of these professionals and the entire United States Attorney’s Office for the District of Delaware. Prosecuting a case of this size and complexity requires contributions from literally everyone in the office. I could not be more appreciative of their hard work.

WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that Preston Stewart, a/k/a “Pusha,” 35, of Wilmington, was sentenced to five years’ incarceration by Chief U.S. District Judge Leonard P. Stark following convictions for two counts of possession with intent to distribute 500 grams or more of cocaine. 

According to filings in the case and statements made in open court, Stewart purchased one kilogram of cocaine from a co-defendant in the fall of 2016.  When the cocaine weighed less than expected, Stewart called back and complained.  Search warrants executed later in the investigation found over 500 grams of cocaine in a residence tied to Stewart.

This case is the result of an investigation led by the FBI Delaware Violent Crime Safe Streets Task Force with assistance from the Wilmington Police Department and the Delaware Attorney General’s Office.  The FBI Delaware Violent Crime Safe Streets Taskforce is a part of the New Castle County HIDTA.  The Task Force is comprised of law enforcement officers from the Delaware State Police, Delaware Department Probation Parole, New Castle County Police Department, University of Delaware Police Department, and Wilmington Police Department.  The case was prosecuted by Special Assistant U.S. Attorney Christopher L. de Barrena-Sarobe and Assistant U.S. Attorney Alexander S. Mackler.

WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that a federal grand jury sitting in Delaware returned a five-count indictment on April 12, 2018, charging Jaclyn McCain, 26, of Wilmington, with one count of obstruction of justice and four counts of lying to the FBI.

According to the Indictment, on June 6, 2017, in Newark, Delaware, a female victim was followed and ultimately taken from a location near her apartment.  A short time later, shots were fired at the victim’s boyfriend on Rt. 896.  The victim was then taken by car to Elkton, Maryland.  The victim’s body was found later that day in Elkton, near where shots had been heard around noon.  The car used in the murder was a silver Hyundai Sonata registered to McCain’s mother.

The Indictment describes McCain’s telephone communications just hours before the victim’s homicide in Elkton.  The Indictment further alleges that McCain swapped cars with her boyfriend at about 8 a.m. that morning, leaving the Hyundai Sonata with him and driving away in his car.  Video surveillance shows the Hyundai Sonata near the murder scene in Elkton.

The Indictment further details the connection between the events described above and the shooting of a six-year-old child later that same day in Wilmington.  The shots that gravely injured the six-year-old were intended for the same individual (the victim’s boyfriend) targeted in the Rt. 896 shooting earlier that day.

Four weeks after the murder, the FBI interviewed McCain and told her that her mother’s Hyundai Sonata was used in a homicide.  Agents also told her that the homicide was related to the shooting of the six-year old that occurred later that same day.  The Indictment alleges that, in the interview, McCain on multiple occasions denied letting anyone use, drive, or borrow her mother’s car. 

Internet searches from the defendant’s phone, as early as three nights after the homicide, reference a homicide that occurred in Elkton.

U.S. Attorney Weiss stated the following: “The investigation into the circumstances surrounding the homicide and shootings that occurred on June 6, 2017 is a matter of critical importance to this Office and our community.  Witnesses to such events are expected to respond truthfully when questioned. The failure to do so will bring consequences.  I want to thank the Federal Bureau of Investigation for their extraordinary and ongoing work on this case.”

If convicted of obstruction of justice as charged in the Indictment, the defendant faces a maximum sentence of twenty (20) years imprisonment.

This case is being investigated by the Wilmington Police Department, Delaware State Police, New Castle County Police Department, Elkton Police Department, Delaware Department of Justice, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation.  This case is being prosecuted by First Assistant U.S. Attorney Shannon T. Hanson and Assistant U.S. Attorney Alexander Mackler.

Criminal indictments are only allegations and are not evidence of guilt.  The defendant is presumed to be innocent unless and until proven guilty.

WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that Noel Rodriguez, age 56, formerly of Dover, Del., was sentenced by U.S. District Court Judge Richard G. Andrews to 13 months of imprisonment and ordered to pay $145,480 in restitution. The sentencing came after Rodriguez pleaded guilty to one count of federal program theft on November 20, 2017.

According to court records and statements made in open court, between 2011 and 2014, while serving as Principal of the Academy of Dover, a charter school in Dover, Del., Rodriguez embezzled $145,480 from the school.  He did so by charging personal expenses to four unauthorized credit cards that he opened in the name of the school, abusing the voucher program, and using the charter-school issued procurement credit card for his own personal purchases.  Rodriguez used the embezzled funds to purchase camping equipment, electronics, personal travel, and home improvement items, among other things.

U.S. Attorney Weiss said, “Mr. Rodriguez betrayed the public trust by using his position as Principal of the Academy of Dover to further his own interests.  The sentence imposed today holds Mr. Rodriguez accountable for stealing $145,000 meant for the children and school he was hired to serve, and it should serve as a warning to others contemplating misappropriating public funds.”

"Mr. Rodriguez defrauded America's taxpayers and the children he promised to serve in a deliberate and methodical way," said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General Eastern Regional Office.  "His sentence should serve as a warning to anyone who intentionally steals or misappropriates Federal education funds for their own selfish purpose:  you will be caught and held accountable for your unlawful actions."

"Principals are in positions of public trust and have an obligation to act in the best interest of their schools and the children for which they represent," said Special Agent Gordon B. Johnson of the FBI’s Baltimore Division. “Mr. Rodriguez violated this trust. The FBI will vigorously investigate any official who attempts to use their position to enrich themselves.”   

This case is the result of an investigation conducted by the Federal Bureau of Investigation, the U.S. Department of Education – Office of the Inspector General, and the Delaware Attorney General’s Office, with assistance from the Delaware Office of Auditor of Accounts.

WILMINGTON, Del. – U.S. Attorney David C. Weiss announced that John B. Alwood, 54, of Lewes, Delaware, was sentenced today to 40 months in federal prison followed by 10 years of supervised release by Chief U.S. District Judge Leonard P. Stark of the United States District Court for the District of Delaware.

Based on documents filed and statements made in open court, Alwood, co-owner of the Lewes Daily Market, in Lewis, Delaware, gained sexual gratification from viewing child pornography several hours a day, every day, for ten years.  Alwood did so using internet software that allowed him to view and masturbate to child pornography, all the while communicating with other pedophiles doing the same thing. The pornographic videos playing in these live-stream child pornography groups included, but were not limited to, the rape of prepubescent children.

U.S. Attorney Weiss said about the sentencing, “The U.S. Attorney’s Office for the District of Delaware is committed to protecting the most vulnerable among us – our children – from the abhorrent shadow industry that produces, distributes, and collects child pornography and from those who lurk in its base marketplace.”

“HSI special agents remain committed to targeting and arresting child predators engaged in this terrible crime,” said Marlon V. Miller, special agent in charge of HSI Philadelphia. “We owe it to the young victims to make certain that these offenders pay a high price for their wrongdoings.”

This case was investigated by Homeland Security Investigations within the federal Department of Homeland Security.  Assistant U.S. Attorney Graham Robinson prosecuted the case. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and the U.S. Department of Justice’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

WILMINGTON, Del. – Joshua Rutherford pled guilty to one count of attempting to entice a minor to engage in sexual activity, announced U.S. Attorney David C. Weiss of the District of Delaware.

Today, Rutherford, 37 years old of Camden-Wyoming, Delaware, and Newark, Delaware, and a former teacher at Smyrna High School, pled guilty before the Honorable Gregory M. Sleet of the U.S. District Court of Delaware.

According to statements made in court at the hearing, Rutherford responded to an online advertisement posted by an undercover detective with the Delaware State Police looking for men who were interested in incest with minor children. Using a mobile chat application, Rutherford responded to the advertisement and communicated with the undercover detective for almost a month. In those conversations, Rutherford expressed his desire to see nude pictures of a girl he believed to be 14 years old, Rutherford expressed his willingness to have sexual intercourse with the same minor while her father watched, and Rutherford demanded that the father have sexual contact with the minor first – while Rutherford watched – in order to prove that the father was not a member of law enforcement. Rutherford scheduled a time to meet the man he believed to be the father of a 14-year-old girl along with that 14-year-old girl for the purpose of having sex with that 14-year-old girl. Rutherford was arrested when he arrived at the rendezvous.

U.S. Attorney David C. Weiss stated, “Our office reaffirms its unrelenting commitment to take whatever steps are necessary to pursue and prosecute those predators who seek to victimize our most precious and vulnerable citizens – our children.”

Rutherford is being detained until sentencing where he faces a sentence of ten years. Rutherford also faces a term of supervised release following imprisonment and will be required to register as a sex offender in any jurisdiction in which he lives, works, or attends school.  Sentencing is scheduled for June 19, 2018 at 2:00 p.m.

The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Delaware Child Predator Task Force investigated the case. Assistant U.S. Attorney Graham L. Robinson is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Zidre Cephas, of Wilmington, was detained pending trial Friday after being indicted[1] by a federal grand jury earlier this week for illegally possessing a firearm.  According to court documents, Cephas was arrested last year by members of the Wilmington Police Department in the area of 6th Street and Jefferson Street, in Wilmington’s West Center City neighborhood.  While responding to a citizen complaint, officers found a revolver in Cephas’ pants’ pocket.

U.S. Attorney Weiss commented, “Effectively combatting gun violence before shots are fired requires the cooperation of local, state, and federal law enforcement. My office is committed to working tirelessly with the Wilmington Police Department to investigate and prosecute firearms crimes in the City of Wilmington generally, and the neighborhood of West Center City in particular.”

Charges in this case were brought by Bureau of Alcohol, Tobacco and Firearms and Explosives (“ATF”).  This case is being prosecuted by Special Assistant U.S. Attorney Christopher L. de Barrena-Sarobe and Assistant U.S. Attorney Jennifer Welsh.

[1] The charges in the Indictment are only allegations.  The Defendant is presumed innocent until, and unless, proven guilty beyond a reasonable doubt.

WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that Thomas Brooks, 54, of Wilmington, was sentenced to 15 years’ incarceration by Chief U.S. District Judge Leonard P. Stark following convictions for conspiracy to distribute cocaine, possession with intent to distribute heroin and cocaine, possession of a firearm by a felon, and possession of a firearm in furtherance of a drug trafficking crime.  This is Brooks’ sixth conviction for drug dealing crimes.

According to documents filed and statements made in open court, Brooks was a main sub distributor in an extensive drug conspiracy, dealing at least one kilogram of cocaine during the fall of 2016.  Brooks was recorded making dozens of calls and sending drug-related text messages during the conspiracy investigation. 

On November 3, 2016, three men broke into Brooks’ residence.  The perpetrators shot another person inside the home. Brooks then used his own firearm to shoot back..  Wilmington Police Department responded to the shooting and discovered a handgun, 123 grams of cocaine and 14 grams of heroin Brooks subsequently fled to Minnesota, where he was later apprehended. 

Following today’s sentencing, U.S. Attorney Weiss stated, “Guns and drugs are a lethal combination and a scourge on our community, and today’s sentence reflects the danger posed by defendant’s conduct.  My office will continue to work with our law enforcement partners to identify, investigate, arrest, and vigorously prosecute those who use guns to promote their drug trade in Delaware.”

“Today’s sentencing is indicative of the success that can be attained when agencies combine resources to remove violent drug distributors off the street,” said FBI Baltimore Special Agent in Charge Gordon B. Johnson. “The citizens of Delaware have the FBI’s commitment that we will work with our local, state and federal partners to attack these dealers and remove violent criminals from their neighborhoods.”

Wilmington Police Chief, Robert J. Tracy stated, "All of our local, state, and federal law enforcement agencies were very instrumental in working with the U.S. Attorney's Office.  The sentencing in this case is a result of everyone's  great work.  The successful conviction is beneficial to all agencies, involved, but it is most beneficial to the City of Wilmington as we continue to make progress towards making the communities in the City of Wilmington safe."

This case is the result of an investigation led by the FBI Delaware Violent Crime Safe Streets Taskforce and assisted by Wilmington Police Department and the Delaware Attorney General’s Office.  The FBI Delaware Violent Crime Safe Streets Taskforce is a part of the New Castle County HIDTA, comprised of the Delaware State Police, Delaware Department Probation Parole, New Castle County Police Department, University of Delaware Police Department, and Wilmington Police Department.  The case was prosecuted by Special Assistant U.S. Attorney Christopher L. de Barrena-Sarobe and Assistant U.S. Attorney Alexander S. Mackler.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that on February 7, 2018, Jon Henry, age 24, of Dover, Delaware, pled guilty to the following three criminal offenses: conspiracy to make false statements to a gun store during the purchase of a 9 mm handgun, possession of that 9 mm handgun after having been convicted of a felony, and possession of marijuana with intent to distribute.  The defendant faces up to five years imprisonment and a $250,000 fine on the conspiracy charge, up to 10 years imprisonment and a $250,000 fine on the firearm possession charge, and up to five years imprisonment and a $250,000 fine on the marijuana charge.

This marks the second time Mr. Henry has been convicted of the same firearms conspiracy offense.  On each occasion he orchestrated the straw purchase of a gun, meaning that he had a person with a clean criminal history buy him a gun that he could not have legally purchased himself.  Mr. Henry’s first conviction occurred in 2015.  At sentencing in that case, the government argued that Mr. Henry was a member of a Dover gang called the West Side Gang, that he had someone straw purchase a gun for him, that he gave the gun to another gang member, and that the gun was likely used in a shooting.  Mr. Henry received a 21-month sentence for the 2015 conviction.

While on supervised release for his 2015 conviction, Mr. Henry again solicited someone to straw purchase the 9 mm handgun.  The gun store’s video surveillance shows the straw purchaser and Mr. Henry in the store together.  Mr. Henry waved the gun around on SnapChat videos, and had it with him during a vehicular traffic stop performed by Dover Police in July 2017.

Acting U.S. Attorney David C. Weiss said, “We are determined to keep guns out of the hands of criminals.  Too many violent crimes result from straw purchasers buying guns for people who should not have them.  We will aggressively pursue charges against all those involved in the acquisition of these firearms.”

This case is the result of an investigation conducted by the Dover Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The prosecution is being handled by Assistant U.S. Attorney Jennifer K. Welsh

Wilmington, Del. –  David C. Weiss, Acting U.S. Attorney for the District of Delaware, announced today that the U.S. District Court for the District of Delaware entered judgment in the amount of $16,223,091.38 against Orthopaedic and Neuro Imaging LLC (ONI) for submitting false claims for Medicare reimbursement.  Under the terms of the judgment, ONI’s owner, Richard Pfarr, is jointly and severally liable for $6,125,947.13. 

ONI operates independent diagnostic testing facilities (IDTFs) in Delaware and Maryland.  The Court granted the United States’ request for default judgment on its complaint, which alleged that ONI and Pfarr knowingly submitted false claims to Medicare by administering contrast dye during magnetic resonance imaging (MRI) scans on patients without proper supervision by a physician. Contrast dye is a chemical that is injected intravenously into the body in order to make certain tissues more clearly visible on an MRI.

"The U.S. Attorney’s Office for the District of Delaware is committed to combatting health care fraud and protecting Medicare beneficiaries using all available remedies,” said Acting U.S. Attorney Weiss.  “This case exemplifies the utility of the False Claims Act to deter fraudulent conduct, protect patient safety, and save taxpayer dollars.” 

“The FBI, along with our partners, will work aggressively to combat healthcare fraud utilizing all tools available to the agencies charged with rooting out fraud,” said Special Agent in Charge Gordon B. Johnson of the FBI’s Baltimore Division.   “We will continue to work tirelessly to prevent these programs from becoming targets and fight fraud wherever we find it. Medical Providers who take shortcuts to enrich themselves in delivering patient care will be held accountable.”

The original lawsuit was filed by Robin White, a former employee of ONI.  The lawsuit was filed under the qui tam provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for false claims for government funds, and to receive a share of any recovery. The False Claims Act permits the government to intervene in such a lawsuit, as was done in this case.  Under the terms of the Court’s judgment, Ms. White will receive an 18-percent share of the recovery.

The matter was investigated by the U.S. Attorney's Office for the District of Delaware, the U.S. Department of Health and Human Services Office of Inspector General, and the FBI.  Assistant U.S. Attorneys Jennifer L. Hall and Laura Hatcher handled the case on behalf of the United States.

The case is captioned United States ex rel. White v. Orthopaedic and Neuro Imaging LLC, No. 13-1109-RGA. 

WILMINGTON, Del. – A New Castle County, Delaware, man admitted today that he paid an illegal gratuity to an IRS official, U.S. Attorney Craig Carpenito, District of New Jersey, announced.

Domenico Procope, 48, of Hockessin, Delaware, pleaded guilty before Chief U.S. District Judge Leonard P. Stark in Wilmington federal court to a superseding information charging him with one count of providing something of value to a government official in exchange for an official act.

According to documents filed in this case and statements made in court:

Procope is the owner of several restaurants in Wilmington and Bear, Delaware. Beginning in 2010, he began accumulating significant business-related and personal income tax liability, and by February 2016, the IRS sought to collect more than $400,000 from him. In an attempt to alleviate his tax liabilities, Procope offered to pay an IRS officer assigned to his tax case to resolve the majority of his tax liability. During multiple recorded conversations with the officer, Procope offered the officer $30,000 in exchange for a reduction in his tax liability. On Feb. 25, 2016, Procope gave the officer $30,000 in cash.

The count of giving an illegal gratuity to a public official carries a maximum potential penalty of two years in prison and a fine of up to $250,000. Sentencing is scheduled for April 25, 2018.

U.S. Attorney Craig Carpenito credited the U.S. Department of Treasury, Treasury Inspector General for Tax Administration, under the direction of Inspector General J. Russell George, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorneys Fabiana Pierre-Louis and Karen D. Stringer, District of New Jersey. The U.S. Attorney for the District of New Jersey is handling the case because of the recusal of the U.S. Attorney’s Office for the District of Delaware.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Paul Hursey, age 49, of Dover, Delaware, was sentenced today by U.S. District Court Chief Judge Leonard P. Stark to 30 months incarceration.   Hursey previously had pled guilty to conspiracy to commit extortion under color of official right. 

According to statements made at sentencing and in documents filed in court, Hursey served as a Corrections Officer (“CO”) at the J.T. Vaughn Correctional Center (“JTVCC”) from 2013 through 2015.  CO Hursey smuggled drugs, including heroin, and 30 cell phones to 11 different inmates in return for money.  Hursey did so knowing those inmates were using the smuggled cell phones to orchestrate the smuggling of drugs and more phones into JTVCC.

Following the sentencing, Acting U.S. Attorney Weiss stated, “The defendant was charged with keeping JTVCC safe. Instead, he committed an abuse of trust that made the prison manifestly less safe - where his charge was to protect the inmates and his colleagues, the defendant’s prison smuggling endangered them.  My office is committed to investigating and prosecuting corrupt prison employees.  Today’s sentence should serve as a deterrent for correction officers who would smuggle contraband into a prison.”

"Few things threaten our society more than public servants who betray their oath for personal gain," said Special Agent in Charge Gordon B. Johnson of the FBI's Baltimore Division. "The FBI in Delaware, along with our state and federal partners, are sending a strong message today that we will not tolerate corruption in the prison system which tarnishes the good work of the dedicated and committed correctional employees."

This matter resulted from a joint investigation conducted by the FBI and the Delaware Department of Correction.  The case was prosecuted by Assistant U.S. Attorney Edmond Falgowski.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that an Indictment was been handed down by a federal grand jury yesterday charging Michael Boyce, currently of Ocean City, New Jersey and formerly of Middletown, Delaware, with wire fraud, money laundering, false statement and tax evasion offenses.  The defendant faces up to 20 years in prison on the wire fraud and money laundering charges, up to 30 years on the false statement charges, and five years on the tax evasion offenses. 

The Indictment alleges that, between 2004 and 2016, Boyce, who was employed in the information technology department of a manufacturing company located in New Castle County, submitted purchase orders for more than $6.5 million of supplies that were never provided to the victim company.  Boyce submitted or caused others to submit fake invoices to the company and forged the necessary approvals on the accompanying purchase orders.  In order to secure payment of those invoices, Boyce also falsified documents verifying receipt of the phantom supplies.  Based on this fraudulent documentation, the victim company paid the two suppliers listed on the invoices.  Those suppliers, in turn, gave more than 85% of those payments back to Boyce.

While Boyce declared some of his illegal income on his taxes, for tax years 2012-2015, he omitted at least $1.4 million of that income, resulting in a failure to pay an additional amount of tax totaling more than $579,000. Also according to the Indictment, in connection with two different mortgage applications, Boyce falsely represented that at least some of his illegal income was, in fact, legitimate business income. 

Acting U.S. Attorney Weiss gave the following comment, “I want to thank both the IRS and the FBI for their hard work in seeing this case to indictment.  These investigative efforts insure that those who abuse their positions to enrich themselves will eventually be brought to justice.  We remain committed to prosecuting those who betray not only the private trust of their employer, but also defraud the United States government.”

"Fulfilling individual tax obligations is a legal requirement. Those who willfully evade that responsibility undermine our democracy and therefore will be prosecuted," said Edward Wirth Acting SAC, Philadelphia field office. "IRS Criminal Investigation special agents are doing their job to ensure that honest individuals do not have to pick up the tab of those people not filing tax returns or filing false tax returns."

“Today’s indictment is significant and highlights the FBI’s collaboration with our partner agencies in Delaware as we hold this defendant accountable for illegal financial transactions and embezzlement,” said Special Agent in Charge Gordon B. Johnson of the FBI’s Baltimore Division. "The FBI and the IRS will continue to use all available tools to detect corporate fraud and to protect victim companies from those who pose an insider threat to their financial well-being.”

This case is the result of an investigation conducted by the IRS, Criminal Investigation and the FBI.  The prosecution is being handled by Assistant United States Attorney Lesley Wolf. 

The charges in the Indictment are only allegations.  The defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

WILMINGTON, Del. – John B. Alwood pled guilty to one count of accessing with intent to view child pornography depicting a prepubescent child engaged in sexually explicit conduct, announced Acting U.S. Attorney David C. Weiss of the District of Delaware.

Alwood, 54, of Lewes, Delaware, pled guilty before Chief Judge Leonard P. Stark of the U.S. District Court of Delaware on December 18, 2017. According to statements made in court at the hearing, Homeland Security Investigations identified Alwood as accessing an online video conferencing application in order to gain sexual gratification by viewing child pornography with other men.

Alwood is being detained until sentencing where he faces a sentencing range of 37 to 46 months in prison. Alwood also faces a term of supervised release following imprisonment and will be required to register as a sex offender in any jurisdiction in which he lives, works, or attends school.

“Homeland Security Investigations will leave no stone unturned to find those who commit the terrible crime of being in possession and viewing child pornography,” said Marlon V. Miller, special agent in charge of HSI Philadelphia. “Our deepest sympathies go out to the victims of these horrendous crimes, and my sincere appreciation goes out to those men and women who relentlessly investigate and prosecute these cases.”

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

This case was investigated by Homeland Security Investigations. Assistant U.S. Attorney Graham Robinson of the District of Delaware prosecuted the case.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced today that Sean Moore, age 44, of New Castle, Del., was sentenced by U.S. District Court Judge Richard G. Andrews to 18 months of imprisonment, which was the sentence requested by the government. The sentencing came after Moore pleaded guilty to three counts of federal program theft on November 2, 2016.

According to court records and statements made in open court, between 2011 and 2015, while serving as the Director of Finance and Operations for the Family Foundations Academy, a charter school in New Castle, Del., Moore embezzled $161,871 from the school. Moore accomplished this embezzlement in a number of ways, to include opening an unauthorized credit card in the school’s name, buying iPads with school funds and then selling them online for cash, and skimming the school’s fundraising account. Moore used the embezzled money to buy personal items such as food, entertainment, electronics, gas, travel, shoes, jewelry, and hotels.

Prior to sentencing, Moore claimed that he was suffering from a “severe level of sexual addiction and shopping addiction,” which contributed to his commission of the offense.

Acting U.S. Attorney Weiss said, “Acting out of self-interest and greed, Mr. Moore stole money intended for the children he promised to serve. That is egregious. The sentence imposed today holds him accountable for cheating children, their families, and the taxpayers.”

“Mr. Moore knowingly and willfully abused his position of trust for personal gain and did so at the expense of the educational development of children. That is unacceptable,” said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Mid Atlantic Regional Office. “I’m proud of the work of OIG special agents and our law enforcement partners for holding Mr. Moore accountable for his criminal actions. The OIG will continue to aggressively pursue those who steal Federal education funds for their own purposes. America’s students and taxpayers deserve nothing less.”

This case is the result of an investigation conducted by the FBI, the U.S, Department of Education – Office of the Inspector General, and the Delaware Attorney General’s Office, with assistance from the Delaware Office of Auditor of Accounts. Assistant U.S. Attorney Elizabeth L. Van Pelt is prosecuting the case on behalf of the United States.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Thomas N. Boyce, Jr., age 51, of Dover, Delaware, was sentenced today by U.S. District Court Judge Richard G. Andrews to 36 months incarceration.   Boyce previously had pled guilty to three counts of conspiracy to commit extortion under color of official right.  Boyce is scheduled to surrender on January 2, 2018.

According to statements made at sentencing and in documents filed in court, Boyce served as Corrections Officer (“CO”) at the J.T. Vaughn Correctional Center (“JTVCC”) for twenty years, until 2015.  In 2013 and 2014, Sergeant Boyce smuggled drugs, to include heroin, and cell phones to 16 different JTVCC inmates in return for money.  Boyce did so knowing those inmates were using the smuggled cell phones to orchestrate the smuggling of drugs and more phones into JTVCC.

Following the sentencing, Acting U.S. Attorney Weiss, stated, “The defendant was charged with keeping JTVCC safe. Instead, he committed an abuse of trust that made the prison manifestly less safe - where his charge was to protect the inmates and his colleagues, the defendant’s prison smuggling endangered them.  My office is committed to investigating and prosecuting corrupt prison employees.  Today’s sentence should serve as a deterrent for correction officers who would smuggle contraband into a prison.”

“Few things threaten our society more than public servants who betray their oath for personal gain,” said Special Agent in Charge Gordon B. Johnson of the FBI's Baltimore Division. “The FBI in Delaware, along with our state and federal partners, are sending a strong message today that we will not tolerate corruption in the prison system which tarnishes the good work of the dedicated and committed correctional employees.”

This matter resulted from a joint investigation conducted by the FBI and the Delaware Department of Correction.  The case was prosecuted by Assistant U.S. Attorney Edmond Falgowski.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced today that Noel Rodriguez, age 56, formerly of Dover, Del., pleaded guilty to one count of federal program theft before U.S. District Judge Richard G. Andrews. Rodriguez is scheduled to be sentenced on March 30, 2018.

According to court records and statements made in open court, over a three-year period beginning in July 2011, while serving as Principal of the Academy of Dover, a charter school in Dover, Del., Rodriguez embezzled $145,480 from the school.

Rodriguez accomplished this embezzlement in a number of ways. First, he charged personal expenses to four unauthorized credit cards he opened in the name of the school. Rodriguez also abused the State of Delaware’s voucher program, by which charter schools are permitted to submit qualified expenses for reimbursement, and the State of Delaware’s procurement card system, by which the State of Delaware issues credit cards to charter school administrators to purchase necessary school supplies. Rodriguez used the embezzled money for personal expenses such as electronics, gardening and camping equipment, automobile costs, a dog house, personal travel, and home improvement items. 

During this time, the Academy of Dover received significant federal funding, which provides the basis for the federal program theft charges. The maximum penalty is ten years in prison, three years of supervised release, and a fine of $250,000.

Acting U.S. Attorney Weiss said, “Mr. Rodriguez stole from the school he was entrusted to run. He is being held accountable for his betrayal of the public trust, and his case should serve as a warning to others contemplating misappropriating public funds.”

“Mr. Rodriguez knowingly and willfully abused his position of trust to steal education funds that were supposed to be used provide services for the most innocent of victims – school children. That is unacceptable,” said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Eastern Region. “I’m proud of the work of OIG Special Agents and our law enforcement colleagues for holding Mr. Rodriguez accountable for his fraudulent actions.”

This case is the result of an investigation conducted by the Federal Bureau of Investigation, the U.S. Department of Education – Office of the Inspector General, and the Delaware Attorney General’s Office, with assistance from the Delaware Office of Auditor of Accounts.  Assistant U.S. Attorney Elizabeth L. Van Pelt is prosecuting the case on behalf of the United States.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced today that Roberta Czap, age 67, formerly of Newark, was sentenced on November 13, 2017, by Chief U. S. District Court Judge Leonard P. Stark to 48 months of imprisonment and three years of supervised release.  In addition, Defendant will be required to forfeit more than $1 million in assets that represent the proceeds of her crimes.

The sentencing came after Ms. Czap pleaded guilty on June 1, 2017 to one count of wire fraud, one count of money laundering, and one count of making false statements on tax returns. 

Beginning in January 2011 and through August 2016, while employed as the Vice President of Accounting at a financial services company in Newark, defendant made 497 separate fraudulent ACH transactions from the company’s accounts into her personal bank accounts.  Defendant disguised these transactions, ranging from $1,000 to $38,527, as payments to corporate health insurance payments or payments to corporate marketers and altered the company’s general ledger to further conceal her actions.  In total, Ms. Czap obtained more than $6.1 million through her fraud.  Following the misappropriation of funds from the corporation, Ms. Czap converted these electronic transfers to cash, through either ATM withdrawals or cash advances at several casinos.  After gambling, often briefly, defendant would cash out at the casino and receive United States Currency.  Federal law requires that all income, whether obtained legally or illegally be declared on tax returns.  However, Ms. Czap failed to report the proceeds of her fraud on her tax return for years 2013 through 2015. 

Between April 2014 and September 2016, defendant’s husband made a series of structured cash deposits totaling $1,212,910, in increments approaching, but of less than $10,000.  He was previously sentenced to a year and a day of imprisonment for his conduct in a separate criminal action, United States v. Matthew Czap, 17-4-LPS. 

Acting U.S. Attorney Weiss stated, “Defendant’s conduct, which the Court accurately described as a ‘brazen and long-running fraud’ not only violated the law, but the trust of her employers and colleagues.  She compounded her crimes by laundering the proceeds of her fraud and attempting to conceal the money from the government.  Defendant’s desire to enrich herself at the cost of others represents serious criminal conduct that cannot be overlooked.  Ms. Czap’s 4-year prison sentence should serve as a warning to others contemplating similar crimes that such conduct will eventually catch up with you and you will be held accountable.”

The case was investigated by the Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation.  It was prosecuted by Assistant United States Attorney Lesley Wolf.  Acting U.S. Attorney Weiss thanked the investigators for their excellent work in pursuing this investigation and for identifying assets acquired through defendant’s fraud.  The government anticipates that these assets will be provided as partial restitution to the victims.

A Dover, Delaware man pleaded guilty today to two counts of producing child pornography before U.S. District Court Judge Gregory M. Sleet, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney David C. Weiss of the District of Delaware. 

According to admissions made as part of his guilty plea, on Dec. 16, 2015, Daniel Arthur Hill, 29, was arrested by the Delaware State Police Department for solicitation of a minor.  Hill met a person online who he believed was a 14-year-old girl and with whom he arranged to engage in sexual intercourse.  After his arrest, law enforcement officials executed a search warrant on Hill’s electronic devices and, on Aug. 8, 2016, Hill was indicted in the U.S. District Court for the District of Delaware for enticement of a minor and for possession, production, and distribution of child pornography. 

The defendant is scheduled to be sentenced at 2 p.m. on Feb. 15, 2018.

The Delaware State Police Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations investigated the case in cooperation with the Delaware Attorney General’s Office.  This case is being prosecuted by Trial Attorney Kathryn C. Furtado of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Graham Robinson of the District of Delaware.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Frank D. Dolce, the owner of a local food service business, was sentenced to 23 months of incarceration for stealing nearly one million dollars from the National School Breakfast and Lunch Programs – programs designed to feed impoverished children.  Dolce also committed tax fraud, and structured cash deposits at banks to avoid reporting requirements.  He used the fraudulent cash to purchase, among other things, a luxury boat in Florida, which has been seized and will now be forfeited to the government.

According to information discussed in open court, Dolce was the owner of Primos Food Service (“Primos”), located in Wilmington, Delaware.  Primos provided cafeteria services to charter schools in Philadelphia and to the Delaware County Courthouse and Government Center in Media, Pennsylvania.  Many of the charter schools participated in the National School Breakfast and Lunch Programs, which reimburse schools with federal funds for meals served to impoverished children.  Between at least April 2011 and January 2014, Dolce submitted false claims for reimbursement that misrepresented the number of meals served to students at four charter schools.  By claiming more meals served under the National School Breakfast and Lunch Programs than were actually served, Dolce stole at least $911,953.00.

Dolce also filed false tax returns both personally and on behalf of Primos, because he failed to report certain income.  The charter schools and the Courthouse Café generated cash sales.  Rather than depositing the cash into Primos’ bank accounts, Dolce instructed his employees to bring the cash back to Primos’ office in Delaware, where the employees would then  destroy receipts and other documents.  Dolce did not report most of the cash on his personal or business tax returns.

Also, in January and February 2013, Dolce made or directed one of his employees to make twenty-seven cash deposits, each slightly below $10,000, into different accounts at two branches of TD Bank, N.A.   The total cash deposited was over $250,000.  Dolce structured the cash transactions in this manner to avoid the bank’s requirements to report cash transactions greater than $10,000 to the Department of the Treasury.  After the above cash deposits were made, Dolce then used that cash in part to purchase a boat for approximately $355,500.

“Dolce lined his pockets with fraud proceeds stolen from a program intended to benefit children in need,” said Acting U.S. Attorney Weiss.  “His actions demanded a substantial period of incarceration, and one was imposed.”

USDA Office of Inspector General, Special Agent-in-Charge Bethanne M. Dinkins stated, “The National School Breakfast and Lunch Programs were created to provide nutritious meals to children who truly need this assistance. Those who are involved in fraud and abuse of USDA feeding programs will be aggressively pursued by our office.  Our joint investigation with the Internal Revenue Service, Criminal Investigation Division brought to justice an individual who sought to profit from the National School Breakfast and Lunch Programs through illegal schemes. The USDA, Office of Inspector General will continue to dedicate resources and work with our law enforcement partners in order to protect the integrity of these programs by investigating those who commit fraud.”

"Frank Dolce's attempt to evade tax by hiding income and filing false returns was a theft from the American public. It is a felony offense that carries severe consequences," said Acting IRS Criminal Investigation Special Agent in Charge Edward Wirth. "Today's sentence demonstrates our unwavering commitment to protecting the interests of law-abiding taxpayers."

This case is the result of a joint investigation conducted by the Internal Revenue Service, Criminal Investigation Division, and the United States Department of Agriculture Office of Inspector General - Investigations.  The case was prosecuted by Assistant United States Attorney Jennifer K. Welsh, District of Delaware.

WILMINGTON, Del. – Dr. Charles Esham, of Wilmington, Delaware, was charged today by Indictment with conspiracy to distribute oxycodone and distribution of oxycodone, announced Acting United States Attorney David C. Weiss.

The seventy-six count felony indictment alleges that Dr. Esham illegally prescribed over 7000 oxycodone pills to his co-conspirators and other individuals between December 2012 and February 2016.  Esham, who previously maintained a medical office in Wilmington, is alleged to have issued the prescriptions outside of the course of professional practice and not for a legitimate medical purpose.  Esham currently does not have an active Delaware medical license.

Esham faces up to twenty years in prison for each count.

“The charges against Dr. Esham illustrate our office’s commitment to combat those who contribute to the opioid crisis, whether they deal drugs on the street or out of a medical office," stated Acting U.S. Attorney Weiss.

Agencies contributing to the investigation include the following: the Drug Enforcement Administration, the Newark Police Department, the Delaware State Police, the New Castle County Police Department, the Maryland State Police, the Wilmington Police Department, Homeland Security Investigations, the University of Delaware Police Department, and the Philadelphia Police Department.  It is being prosecuted by Assistant U.S. Attorneys Jennifer Hall and Shawn Weede. 

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Lance A. Charen, a 52‑year old resident of Blue Bell, Pennsylvania, was sentenced today by U.S. District Court Judge Gregory M. Sleet to one year and one day incarceration for environmental crimes.

According to court documents and statements made in court, from September 2010, through January 2013, Charen was the branch manager of an oil recycling facility, located at 505 South Market Street in Wilmington, Delaware.  International Petroleum Corporation of America (“IPC”) owned and operated the facility, which processed used oil and hydrocarbon-containing waste water and then sold the reprocessed petroleum to various companies for reuse.  The facility had two components: oil recovery and waste water treatment.  The facility’s petroleum processing activities generated waste water, which the company treated at its waste water portion of the facility prior to discharge into a sewer along Market Street owned by the City.  It issued IPC a federally-enforceable Clean Water Act pretreatment permit which governed the types and concentrations of pollutants which IPC could discharge into the City’s sewer system.  The pretreatment permit required IPC to take “representative” samples of its waste water on a monthly basis, to determine if it was complying with its permit limitations, and report its sampling results to the City every six months.

On June 22, 2017, Charen pled guilty to tampering with monitoring methods associated with IPC’s monthly samples.  More specifically, Charen admitted that on sampling days he caused the facility to significantly reduce the volume of wastewater treated, because slowing the treatment process rendered it more effective.    Additionally, Charen pled guilty to violating the Resource Recovery and Conservation Act (“RCRA”) by transporting hazardous waste without a hazardous waste manifest.  In June and July 2012, Charen caused to be transported for disposal in South Carolina approximately 27 truck-loads or 500,00 pounds of sludge (“tank bottoms”) which had been removed from the facility’s storage tanks.  The tank bottoms contained concentrations of benzene, barium, chromium, cadmium, lead, tetrachloroethene (also known as “PCE”), and trichloroethene (also known as “TCE”), which each served to classify the material as RCRA regulated hazardous waste.

IPC pled guilty to similar charges and was sentenced by Judge Sleet, on February 2, 1017, to a $1,300,000 fine and $2,200,000 in restitution to the City of Wilmington. 

“Industrial wastewater can pose serious threats to public health and the environment, so it’s imperative that managers of companies, especially ones providing environmental services, honestly treat and dispose of it properly and sample and report pollutant concentrations honestly," said Acting U.S. Attorney Weiss.  “Likewise, company managers must handle hazardous waste properly to ensure its proper treatment and disposal.  The Department of Justice and EPA are committed to protecting human health and the environment for all Americans through strong enforcement of environmental laws.  This conviction and sentence ensures that the defendant, the facility’s highest on-site manager, is held accountable.

“By falsifying sampling results and hiding the fact that he was shipping ignitable and hazardous waste, the defendant put public safety and the health of the environment at risk,” said Jennifer Lynn, Assistant Special Agent in Charge of EPA’s criminal enforcement program in Delaware. “This case demonstrates that EPA and its law enforcement partners are serious about protecting the health of our communities.”

This case was investigated by EPA’s Criminal Investigation Division.  The City of Wilmington Department of Public Works and the DNREC Solid & Hazardous Waste Management Section assisted in the investigation.

The case was prosecuted by Special Assistant U.S. Attorney Martin Harrell, EPA Region 3, and Assistant U.S. Attorney Edmond Falgowski from the U.S. Attorney’s Office.

WILMINGTON, Del. – A federal grand jury in Wilmington has charged a former Chemours employee with conspiring to steal trade secrets and attempting to monetize them with Chinese investors, announced Acting U.S. Attorney David Weiss and Gordon B. Johnson, Special Agent in Charge of the FBI Baltimore Division.

According to the indictment, the conspiracy involved sodium cyanide, a chemical used in mining and for which Chemours is the world’s largest producer.  Chemours, based in Wilmington, performs the research and development for sodium cyanide at the Experimental Station in Wilmington.  Sodium cyanide is most often used to mine gold, silver, and other precious metals.  Earlier this summer, Chemours broke ground on a $150 million sodium cyanide plant in Mexico.

The individual charged in the indictment is Jerry Jindong Xu, who moved from China to North America in 2011 while employed by DuPont, and became a Chemours employee when Chemours spun off of DuPont in 2015.  Xu, terminated by Chemours in 2016, was a marketing professional specializing in sales of sodium cyanide.  Xu was aided by an unnamed co-conspirator, who was also a longtime DuPont employee before leaving the company in 2014 to open a cyanide and mining consulting business.

According to the indictment, Xu completed several overt acts in furtherance of the conspiracy.  His main objective was either to help investors build a competing sodium cyanide plant or become an import competitor in North America.  Over the course of one year, all while employed at Chemours, he:

• Misled colleagues and fabricated assignments in order to accumulate vast amounts of pricing and other information, including obtaining passwords for spreadsheets.
• Contacted potential Chinese investors to solicit funding for building a sodium cyanide plant. They would communicate in English and Chinese, sometimes over an encrypted Chinese messaging service.
• Explained to one Chinese investor that he wanted to do this project “for himself and not to slave away at this only to benefit someone else”
• During a 2016 trip to China, accessed Chemours documents and told his co-conspirator he had “out-of-the-big (sic) ideas cooking” that he was anxious to discuss. He also asked how much their plant project would be worth.  “Would you say in the millions?”
• Created a company, made his wife the director, and executed a non-disclosure agreement with his co-conspirator.
• Asked for and received a tour of Chemours’ sodium cyanide plant, during which he secretly took pictures of plant system diagrams and sent them to himself.
• In the week after he was notified of his termination, he copied and/or sent himself many Chemours confidential documents, and then falsely certified that he had returned all Chemours files.

Xu is charged with conspiracy to commit theft of trade secrets, in violation of 18 U.S.C. § 1832(a)(5).  The maximum penalties he faces are 10 years imprisonment and a $250,000.00 fine.  Xu was arrested in New York in August and arraigned in Wilmington on September 28, 2017.

Chemours was formed in July of 2015 after the DuPont Corporation separated its performance chemicals business line from its other business.   Chemours is a publicly traded corporation with its corporate headquarters located in Wilmington, Delaware.   It is the world’s largest sodium cyanide producer.

“We are committed to prosecuting anyone—be they rogue actors or foreign nations—who tries to line their pockets by jeopardizing the hard work our businesses perform every day,” said Acting U.S. Attorney Weiss. “This brazen conduct goes to the heart of intellectual property protection and our office will aggressively and diligently pursue anyone who breaks laws and threatens corporate innovation.”

FBI Special Agent-in-Charge Johnson said, “The FBI investigation and this indictment reveal a broken trust from a company employee who stole trade secrets in a structured, multi-faceted fashion,” said Special Agent in Charge Gordon B. Johnson of the FBI’s Baltimore Division.  “The FBI will vigorously investigate cases whenever trade secrets are stolen or otherwise compromised.  Private sector entities should be alert to protect trade secrets, and report indicia of their theft to the FBI."

The case is being prosecuted by Assistant United States Attorneys Jamie McCall and Alexander Mackler.  The investigation, which is ongoing, is being conducted by the FBI.

WILMINGTON, Del. – Acting U.S. Attorney David C. Weiss of the District of Delaware announced today that Robert Z. Hollingsworth, 27, of Bryon, Illinois, was sentenced to 60 months in prison followed by 10 years of supervised release by U.S. District Judge Richard G. Andrews of the District of Delaware.

Hollingsworth, an Airman First Class stationed at the Dover Air Force Base, had collected more than 10,000 images and 3,000 videos of children engaging in sexually explicit conduct, including but not limited to sexual intercourse. More than 600 of those images depicted prepubescent children or children younger than 12 years of age. Of the one hundred sixty-two identified victims, sixteen came forward seeking restitution. The U.S. District Court awarded $48,000 in total restitution, for the known victims. 

Acting U.S. Attorney David C. Weiss stated, "Our office will do whatever is necessary to protect the most vulnerable among us – our children – from the abhorrent shadow industry that produces, distributes, and collects child pornography and from those who lurk in its base marketplace."

This case was investigated by Homeland Security Investigations.  Assistant U.S. Attorney Graham Robinson of the District of Delaware prosecuted the case. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

"Wilmington Trust Company (WT) has been a fixture in this community for more than 100 years. This is why the bank’s decline and the fire sale acquisition by M&T Bank was such a significant development in this community; and why this office has invested substantial time, energy and resources in the investigation and prosecution of this case.

The United States Attorney’s Office fort the District of Delaware has reached a resolution with WT. The key terms, from our perspective, are as follows:

• WT admits that it agreed to submit Monthly Regulatory Reports to the Federal Reserve between October 2009 and July;

• Those reports included past due loan information.
   
• The past due loan numbers submitted to the Federal Reserve did not include past due loans that WT chose to “waive.”

We say that those monthly reports were false. These facts and those set forth in the Civil Forfeiture Complaint filed earlier today, provide a basis to forfeit the proceeds of this unlawful activity.

• As a result, WT and the USAO have agreed to a total settlement amount of $60,000,000, which credits WT with its prior payment to the SEC in the amount of $16,000,000, and requires an additional forfeiture payment of $44,000,000.
   
• Further, WT agrees to cooperate with the USAO moving forward. In return, the USAO has agreed to dismiss all criminal charges pending against WT, and the parties have agreed to exchange mutual releases.

To function effectively, our financial markets require accurate disclosures—and regulators need to receive accurate information.

That didn’t happen here.

We believe today’s resolution accomplished three important objectives. First, we secured a substantial payment for victims who sustained losses as a result of what transpired. Second, WT accepted responsibility for its actions. And third, if possible, we wanted to avoid the collateral consequences of a criminal conviction for the bank, which could have resulted in the loss of jobs and revenue for our community."

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Aleem Shabazz, age 27, of Wilmington, Delaware, was sentenced this week by U.S. District Court Chief Judge Leonard P. Stark to 47 months incarceration.   On February 4, 2016, after a four-day jury trial, Shabazz was found guilty of Being a Felon in Possession of a Firearm and two counts of Making False Statements to a Firearms Dealer.    

According to evidence presented at trial and statements made in documents filed in court, in January of 2015, Shabazz, a five-time felon, induced his girlfriend to straw purchase two semi-automatic pistols for him.  The firearms were straw purchased when the girlfriend represented to Cabela’s, a licensed firearms dealer, that she was the actual purchaser.  In fact, she knew Shabazz was the actual purchaser.   Shabazz directed his girlfriend which guns to purchase and gave her the money to pay for them.  Police recovered one of the pistols, with an obliterated serial number. 

Following the sentencing, Acting U.S. Attorney Weiss stated, “This sentence should serve as a deterrent for any felons who would attempt to obtain firearms by straw purchase, or otherwise.  All parties to an illegal firearms transaction should be on notice that they will be prosecuted to the fullest extent of the law.”

Daniel L. Board, Jr., Special Agent in Charge of the Baltimore Office of the Bureau of Alcohol, Tobacco and Firearms said, “ATF will continue to work with our law enforcement and industry partners to stem the flow of firearms from legal commerce into the hands of convicted felons, violent criminal organizations or any person who has an intent to negatively impact the safety of our communities and neighborhoods."

This case was investigated by special agents of the ATF-Wilmington Office and prosecuted by Assistant U.S. Attorneys Whitney Cloud and Edmond Falgowski.

A 25-year-old man who coerced sexually explicit photos and videos from a minor and distributed them on the Internet pleaded guilty on Oct. 2, to coercion and enticement of a minor to engage in sexual activity.  

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney David C. Weiss of the District of Delaware made the announcement.

Justin R. Gulisano of Newark, New York, was charged on March 10, 2016, and pleaded guilty before U.S. District Judge Leonard P. Stark of the District of Delaware. 

According to admissions made in connection with the plea agreement, Gulisano met the victim online when the victim was 15 years old.  Gulisano began requesting and received sexually explicit images and videos from the victim.  Gulisano posted the sexually explicit videos of the victim on a pornography website where they were downloaded, posted, and reposted by other viewers to additional pornographic websites.  When the victim refused to make and send additional images and videos, Gulisano responded by threatening the victim on more than one occasion.  He threatened to post the victim’s images and videos on the Internet again, he threatened to share the images and videos with the victim’s brother, and he threatened the victim’s life.

U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Delaware Child Predator Task Force investigated the case.

Trial Attorney Lauren Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Graham Robinson of the District of Delaware prosecuted the case. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Wilmington, Del. – The United States has intervened in a lawsuit against Orthopaedic and Neuro Imaging LLC (ONI), and the company's owner, Richard Pfarr, that alleges they submitted false claims for Medicare reimbursement.  The announcement was made today by Acting United States Attorney David C. Weiss of the District of Delaware.

ONI operates independent diagnostic testing facilities (IDTFs) in Delaware and Maryland.  The lawsuit alleges that ONI and Pfarr knowingly submitted false claims to Medicare by administering contrast dye during magnetic resonance imaging (MRI) scans on patients without proper supervision by a physician. Contrast dye is a chemical that is injected intravenously into the body in order to make certain tissues more clearly visible on an MRI.

"The intervention of the United States in this matter illustrates our office's commitment to combat healthcare fraud and protect Medicare beneficiaries," said Acting U.S. Attorney Weiss.  "Fraudulent billing practices, like those alleged in this lawsuit, not only harm taxpayers who fund government health care programs, they also create needless patient risk."

The original lawsuit was filed by Robin White, a former employee of ONI.  The lawsuit was filed under the qui tam provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for false claims for government funds, and to receive a share of any recovery. The False Claims Act permits the government to intervene in such a lawsuit, as it has done in this case.

The matter was investigated by the U.S. Attorney's Office for the District of Delaware, the U.S. Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation.

The claims asserted against ONI and Pfarr are allegations only, and there has been no determination of liability.

The case is captioned United States ex rel. White v. Orthopaedic and Neuro Imaging LLC, No. 13-1109-RGA.  The case is pending in the U,S. District Court for the District of Delaware.

WILMINGTON, Del. – Bob Bennett, of Seaford, was sentenced today to 66 months in federal prison for possessing a gun and distributing heroin in Seaford. Bennett pled guilty in May to possession with intent to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime.

On November 4, 2016, ATF and the Seaford Police Department executed a search warrant on Bennett’s home and car in Seaford. The search revealed a loaded, .40-caliber firearm in the same room as two safes, the contents of which included 3,250 individual bags of heroin stamped “Donald Trump.” Nearby, officers found an additional 109 bags of heroin, stamped “Donald Trump” or “Ferrari,” as well as a total of $2,418 in cash. Agents recovered a number of other items in the house.

“The Court’s sentence reflects the severity of Mr. Bennett’s actions and the risks those actions presented to the Seaford community,” Acting United States Attorney David C. Weiss said. “Bennett was responsible for introducing a large amount of heroin into the community. Worse, he used guns to further that activity—even providing weapons to the dealers selling his heroin. This is exactly the type of destructive, and potentially violent, criminal that the U.S. Department of Justice, the ATF, and Seaford PD want to get off of our streets.”

“Armed narcotics traffickers pose a defined threat to the citizens in Seaford and throughout Delaware,” said Daniel L. Board Jr., the Special Agent in Charge for the ATF Baltimore Field Division. “However, ATF will continue to be unwavering in our response to these threats. We will proactively fight violent crime at every turn by targeting, investigating and partnering in the prosecution of those who seek to reduce the quality of life in our communities.”

As noted above, District Court Judge Gregory M. Sleet sentenced Bennett to sixty-six (66) months in prison and three (3) years of supervised release. In sentencing Bennett, Judge Sleet made clear that he was disconcerted by Bennett’s nearly twenty years of involvement with the criminal justice system, especially the fact that Bennett turned to utilizing guns in furtherance of his heroin distribution activities. Judge Sleet noted that he hoped this sentence will spur Bennett to a rehabilitated life for both him and his children.

This case was investigated by the ATF and Seaford Police. Assistant United States Attorneys Alexander S. Mackler and Lesley F. Wolf prosecuted the case.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, and Stephen M. Schenning, Acting United States Attorney for the District of Maryland, announced today that Tae H. Kim, age 47 of Wayne, Pennsylvania, entered a guilty plea to separate bank fraud charges filed in the District of Delaware and the District of Maryland, respectively.

In resolving the Delaware charge, Kim admitted that he conspired with his client, Dr. Zahid Aslam,[1] to obtain loans from Citibank and WSFS Bank under false pretenses. In particular, Kim admitted that he and Dr. Aslam agreed to submit loan requests in the names of third parties when they knew that the loan proceeds would be controlled by Dr. Aslam. The loans at issue consisted of a $1.76 million loan funded by Citibank (and guaranteed by the Small Business Administration) in July 2012, and a $2.183 million loan funded by WSFS Bank in August 2013. In addition, Kim failed to disclose to Citibank and WSFS Bank the existence of an extensive business relationship between himself and Dr. Aslam, as well as his receipt of a $60,000 loan and a BMW from Dr. Aslam, during the period in which he acted as Dr. Aslam’s loan officer. As part of his guilty plea, Kim agreed to forfeit the BMW and $60,000 in cash.

In resolving the Maryland charge, Kim admitted that he submitted a false “Request for Verification of Deposit” form on behalf of Dr. Aslam, who had requested a $5 million loan from Cecil Bank in Maryland for a separate business venture. Although the Verification of Deposit Form represented that Dr. Aslam had maintained a checking account for the business, with an average balance of $1.6 million, Kim admitted that the account had been opened the day before he submitted the form and funded via a single check from a different entity controlled by Dr. Aslam. The Verification of Deposit Form was important because Cecil Bank had determined that the business needed to show proof of equity or cash on hand of at least $1.38 million to qualify for a Small Business Administration Guarantee. Although Cecil Bank approved the $5 million loan, the loan was never funded because the Small Business Administration determined that the loan did not qualify for the guarantee.

United States Judge Richard G. Andrews Scheduled sentencing for January 11, 2018 at 9:00 a.m.

The maximum penalty for the Delaware Charge (Conspiracy to Commit Bank Fraud) is a term of imprisonment of thirty years; a fine of $1,000,000.00; a term of supervised release of five years; a $100 special assessment; and mandatory restitution. The maximum penalty for the Maryland Charge (Attempted Bank Fraud) is a term of imprisonment of thirty years; a fine of $1,000,000.00; a term of supervised release of five years; a $100 special assessment; and mandatory restitution.

Acting U.S. Attorney Weiss said, “Tae Kim abused his position as a loan officer by defrauding three financial institutions and the Small Business Administration for the benefit of a key client. He further leveraged his position to profit personally from an extensive business relationship with that client, all of which he concealed from his employers. I applaud the diligence of federal law enforcement in Delaware and Maryland in uncovering the breadth and scope of Kim’s criminal conduct. Our office remains committed to ensuring the integrity of the federal banking system.”

The case was investigated by the Federal Bureau of Investigation; the Internal Revenue, Service, Criminal Investigation Division; the Federal Deposit Insurance Corporation, Office of Inspector General; the Federal Housing Finance Agency, Office of Inspector General; and the Special Inspector General of the Troubled Asset Relief Program (SIGTARP).

The case is being prosecuted by Assistant United States Attorneys Robert F. Kravetz and Jennifer L. Hall in Delaware and Assistant United States Attorney Martin J. Clarke in Maryland.

WILMINGTON, Del. – David C. Weiss, Acting U.S. Attorney for the District of Delaware, announced today that a federal grand jury charged Dennell Harrison, 43, and Taron Walker, 32, both of Dover, Delaware, with stealing and conspiring to steal firearms from Capital Pawn, a federally licensed firearms dealer, and with being felons illegally in possession of firearms. The maximum penalties for these charges are ten years imprisonment, a $250,000 fine, or both.

According to the Indictment, Harrison and Walker broke through an exterior wall of Capital Pawn on the evening of November 21, 2016, and stole 20 firearms, including handguns, a shotgun, and semi-automatic rifles.

Acting U.S. Attorney Weiss offered the following statement, “Removing illegal guns from the street continues to be a top priority for the United States Department of Justice in our battle against violent crime. Those who look to traffic in firearms will face severe consequences.”

An indictment is merely an allegation. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

The Dover Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives are investigating and Assistant U.S. Attorney Graham L. Robinson of the District of Delaware is prosecuting the case. Should anyone have information about any of the missing guns, please contact 1-888-ATF-TIPS.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Timothy Czeiner, age 30, of Wilmington, Delaware, pled guilty in federal court on July 10, 2017 to a four-Count Indictment charging him with gun and heroin offenses. Specifically, he pled guilty to possession of 100 grams or more of heroin with intent to distribute, with two counts of possession of a firearm by a person prohibited, and with possession of a firearm in furtherance of a drug trafficking crime. He faces a five year mandatory minimum and a maximum of forty years of incarceration on the heroin charge, a maximum of ten years of incarceration on the gun possession charges, and a five year mandatory minimum and a maximum of life imprisonment on the gun in furtherance of drug trafficking charge, which must be imposed consecutively on top of his sentence on any other charges.

According to statements made in open court, on Thursday, January 28, 2016, the defendant was seated in the driver’s seat of a car on 25th Street in Wilmington when he was approached by Wilmington Police Department officers because he had outstanding warrants. Officers saw heroin baggies stamped “Empire” and an “Empire” stamp on the floor of the passenger side of the car. When the car was searched, officers found two boxes of empty heroin baggies and a Mercedes car key.

Officers located the Mercedes to which the key belonged in the driveway of the defendant’s residence. In the trunk of the Mercedes was approximately 350 grams of bulk heroin, thousands of empty blue glassine heroin baggies, a 9 mm. handgun, a magazine loaded with eight 9 mm rounds of ammunition, and other drug paraphernalia.

When officers later searched the defendant’s cell phone, they found a video taken on January 15, 2016, which depicted the defendant handling four guns: 1) a DPMS, AR-10, .308 Caliber Rifle, 2) a MKA 1919 12-gauge semi-automatic shotgun, 3) a FN PS90, 5.7 x 28; and 4) a Century Arms AK47, 7.62 x 39. Because the defendant was a felon, he was not permitted to possess guns.

The defendant was on bail for the above offenses when he was arrested again on September 8, 2016 in possession of marijuana and heroin. Officers then searched defendant’s residence, where they found over 6,000 baggies of heroin. The preliminary weight, including packaging, was about 92 grams. The defendant admitted the heroin was his, that he had been dealing heroin since April 2016, and that his source of supply was in Philadelphia.

Acting United States Attorney David C. Weiss said, ““The lethal combination of guns and drugs continues to cause far too many deaths in the city of Wilmington. This case is an example of law enforcement’s absolute commitment to protect this community and hold offenders accountable.”

The FBI’s Violent Crime Safe Streets Task Force is part of the New Castle County HIDTA, a collaborative effort established in January 2015 among federal, state, and local law enforcement agencies. This case would not have been possible without the coordination and cooperation between the FBI, the Wilmington Police Department, and the Delaware Attorney General’s Office.

The case is being prosecuted by Assistant United States Attorney Jennifer K. Welsh.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced today that Matthew Czap, age 68, formerly of Newark, was sentenced on July 12, 2017, by Chief U. S. District Court Leonard P. Stark to one year and one day of imprisonment and 2 years of supervised release. The sentencing came after Mr. Czap pleaded guilty on March 22, 2017 to one count of structuring financial transactions to avoid currency reporting requirements.

Between November 2, 2015 and March 30, 2016, defendant made eighteen separate cash deposits, totaling $163,460, each in an amount of less than $10,000. Defendant made many of the deposits on successive days, in amounts approaching, but under $10,000. Dating back to January 2013, Defendant structured approximately $1.2 million of cash deposits, while aware that the currency represented the proceeds of his wife’s criminal conduct.

Acting U.S. Attorney Weiss stated, “The Court’s sentence properly reflects the serious nature of structuring, which is, at its core, a form of money laundering. Mr. Czap’s conduct helped to conceal the proceeds of fraud and allowed the crime to go undetected for years. While he didn’t personally steal the money, he enjoyed the benefits of it. Individuals contemplating similar conduct should understand that their crimes will have the most serious of consequences.”

The case was investigated by the Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Lesley Wolf. Acting U.S. Attorney Weiss thanked the investigators for their hard work in pursuing this investigation.

See also: https://www.justice.gov/usao-de/pr/newark-woman-charged-61m-wire-fraud-scheme-identity-theft-money-laundering-and-tax

Wilmington, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Tromar Mapp, age 28, of Seaford, Delaware, was charged by Indictment earlier this month with possession of a firearm in furtherance of a drug trafficking crime, possession of a firearm by a prohibited person, three counts of distribution of heroin, and one count of possession with intent to distribute heroin.

For the possession of a firearm in furtherance of drug trafficking charge, Mapp faces a mandatory minimum sentence of five years imprisonment and a maximum sentence of life imprisonment. For the possession of a firearm by a prohibited person charge, Mapp faces a maximum penalty of ten years imprisonment. The maximum penalty for each heroin charge is twenty years imprisonment.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Delaware State Police and the Seaford Police Department. This case is being prosecuted by Assistant United States Attorney Jennifer K. Welsh.

The charges in the Indictment are only allegations. The defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced today that Dr. Zahid Aslam, 44, of Elkton, Maryland, was charged by the federal grand jury on June 15, 2017, in a three-count Indictment with conspiracy to commit bank fraud and false statements on loan applications.

Count 1 charges the defendant with Conspiracy to Commit Bank Fraud, in violation of Title 18, United States Code, Sections 1344 and 1349. The maximum penalties for Count 1 are a term of imprisonment of thirty years; a fine of $1,000,000.00; a term of supervised release of five years; a $100 special assessment; and mandatory restitution.

Counts 2 and 3 charge the defendant with making false statements in loan requests, in violation of Title 18, United States Code, Sections 1014 and 2. The maximum penalties for each of Counts 2 and 3 are a term of imprisonment of 30 years; a fine of $1,000,000.00; a term of supervised release of five years; a $100.00 special assessment; and mandatory restitution.

The Indictment alleges that Dr. Aslam, a doctor with practices in Delaware, Maryland, New Jersey, and Pennsylvania, entered into a bank fraud scheme with Tae Kim, his loan officer at Citibank and WSFS Bank, respectively. According to the Indictment, Aslam recruited two other associates to misrepresent in loan applications that they were the true borrowers and operators of medical practices, when, in actuality, Aslam owned and operated the practices and ultimately controlled the loan proceeds. The Indictment alleges that Aslam used the third parties to apply for the loans because Aslam knew that he would not otherwise qualify for financing had he applied on his own behalf. In addition, the Indictment alleges that Aslam and Kim concealed the existence of an extensive financial relationship between the two from Citibank and WSFS during the period in which Kim acted as Aslam’s loan officer, including their joint ownership of businesses, as well as large cash payments and a BMW sedan that Aslam provided to Kim.

Acting U.S. Attorney Weiss said, “The indictment alleges that the defendant defrauded two financial institutions by misrepresenting the actual owners and operators of two medical practices and by failing to disclose a significant financial relationship with his former loan officer. It is critical that borrowers provide accurate information to financial institutions and our office is committed to prosecuting those who fail to do so.”

The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division, and is being prosecuted by Assistant United States Attorneys Robert F. Kravetz and Jennifer L. Hall.

Members of the public are reminded that an Indictment is only an allegation and that a defendant is presumed innocent until proven guilty.

Wilmington, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that all nine defendants prosecuted in “Operation Bear Trap” have been sentenced to prison. The sentences are the result of a long-term New Castle County High Intensity Drug Trafficking Area (“HIDTA”) investigation spearheaded by the Drug Enforcement Administration’s (“DEA”) Drug Trafficking Task Force. The investigation involved wiretaps of five phones, and led to substantial cash, drug, and gun seizures including: more than $1,000,000; approximately 2.5 kilograms of cocaine; approximately one kilogram of crystal methamphetamine; and nine firearms.

The investigation uncovered two drug conspiracies involving overlapping participants. The methamphetamine supplier, Ariel Vergara-Sanchez, was sentenced to 12 years in prison in May 2016 after admitting that he obtained drugs from Mexico so that he and his associates could sell the drugs in the City of Wilmington, the greater New Castle County area, and southern Chester County, Pennsylvania. The cocaine supplier, Jamal Maddox, was sentenced yesterday to 10 years in prison after admitting that he trafficked 16 kilograms of cocaine, possessed four handguns, and stored $968,000 in drug proceeds in his home and at a local bank.

According to court documents, the defendants in this case received the following sentences:

• Ariel Vergara-Sanchez – 144 months of imprisonment followed by 5 years of supervised release;

• Jamal Maddox – 120 months of imprisonment followed by 5 years of supervised release;

• Richard Cephas – 66 months of imprisonment followed by 5 years of supervised release;

• Juan Rosas-Guadarrama – 57 months of imprisonment followed by 3 years of supervised release;

• Luis Bustos – 42 months of imprisonment followed by 3 years of supervised release;

• Juan Carlos Segura-Lorzo – 37 months of imprisonment followed by 3 years of supervised release;

• Sergio Flores-Lopez – 36 months of imprisonment followed by 3 years of supervised release;

• Leticia Beltran – 36 months of imprisonment followed by 3 years of supervised release; and

• Miguel Martinez – 12 months and one day followed by 2 years of supervised release.

Acting U.S. Attorney Weiss stated, “Operation Bear Trap resulted in the conviction and incarceration of nine drug traffickers who were infecting this community with substantial quantities of cocaine and methamphetamine. I applaud the work of all the federal, state, and local agencies who worked on this investigation and reiterate that this kind of result is a product of the New Castle County HIDTA partnership.”

DEA’s Drug Trafficking Task Force is part of the New Castle County HIDTA, a cooperative effort established in January 2015 among federal, state, and local law enforcement agencies. This Task Force consists of law enforcement officers from the Department of Homeland Security, Newark Police Department, Delaware State Police, New Castle County Police Department, Wilmington Police Department, and Delaware Probation and Parole. Other agencies who partnered in this investigation were the Chester County (Pennsylvania) District Attorney’s Office Drug Unit, Kennett Square Police Department, Pennsylvania State Police, Wilmington SWAT, and Delaware State Police SORT.

This case was prosecuted by Assistant United States Attorney Jennifer K. Welsh and Special Assistant United States Attorney Christopher L. de Barrena-Sarobe.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Alexander Kudla (“Kudla”) was sentenced by United States District Judge Richard G. Andrews to a three-year term of probation after pleading guilty to one count of wire fraud for his theft of over $22,000 from a disabled veteran.

Accordingly to publicly filed documents and statements made in court, Kudla, age 40, of Millville, New Jersey, was previously a licensed practical nurse at the Wilmington Veterans Affairs Medical Center (“VAMC”). A VAMC patient requested help withdrawing funds from an ATM due to the patient’s physical limitations. Kudla abused his position at the VAMC as well as the trust of the victim by withdrawing funds from the victim’s bank account for Kudla’s personal use on over 40 occasions between February 2015 and July 2015. As part of his sentence, the District Court ordered Kudla to pay full restitution of $22,320 to the victim, with $4,000 due immediately.

Kudla is no longer employed with the VAMC or with the Department of Veterans Affairs. “We take allegations of employee misconduct very seriously, especially when those allegations are related to the welfare of our Veterans. We are grateful to the U.S. Attorney’s Office for prosecuting this case and we will continue to be vigilant, ensuring Veterans receive care and treatment in a safe and caring environment,” said Vince Kane, director of the Wilmington VA Medical Center.

“It is particularly painful when an employee entrusted by VA to care for veterans abuses that trust for personal gain,” said Special Agent in Charge Donna L. Neves, Department of Veterans Affairs, Office of Inspector General. “It's why VA OIG pursues cases like this, so veterans can feel safe in all aspects of their care.”

Acting U.S. Attorney Weiss stated, “I want to thank the Veterans Affairs Police Service and the Department of Veterans Affairs Office of Inspector General for their efforts throughout the investigation and prosecution of this case. The act of secretly withdrawing his patient’s funds for Defendant’s own personal use is completely at odds with the important position with which he was entrusted. Such crimes will be investigated by our partner agencies and prosecuted by our office.”

This case is the result of an investigation conducted by the Department of Veterans Affairs Office of Inspector General and the Veterans Affairs Police Service. The prosecution was handled by Assistant United States Attorney Whitney Cloud.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that an Indictment was handed down by a federal grand jury on Tuesday, June 6, 2017, charging Donald Rice, age 54, of Middletown, Delaware, with wire fraud, bank fraud, money laundering and tax offenses. The defendant faces up to 30 years in prison on the bank fraud charges, 20 years in prison on the wire fraud charges, up to 10 years on the money laundering charge, and three years on the filing a false tax return charge and up to one year on the failure to file a tax return offense.

The Indictment alleges that between 2013 and 2015, the defendant, who was at the time a certified public accountant, embezzled almost $3 million dollars from a trust created to pay the tax obligations of a dissolving company. While serving as the trustee, defendant used funds deposited into the trust account to finance his own business investments, including the purchase of multiple tax preparation franchises. The defendant also used trust account funds for his personal expenses, including the purchase of a luxury vehicle.

The Indictment further alleges that Rice had previously defrauded another client. In 2011, while purportedly providing estate-planning services for a client, Rice misappropriated $100,000, which the client provided to Rice to invest on her behalf. The defendant instead used this money to fund his own business ventures and pay personal expenses. Following that client’s death in 2012, Rice, who was also the executor of her estate, continued to collect her pension payments from a public employee retirement system, again using the funds for his personal benefit.

The Indictment also alleges that Rice was engaged in income tax fraud. The federal tax return Rice filed for 2013 did not include, as required by law, his illegal income from his fraud scheme and materially understated his income. After seeking an extension of time to file a tax return for 2014, defendant never filed a return for that tax year.

Acting U.S. Attorney Weiss stated, “I want to thank both the Internal Revenue Service and the Federal Bureau of Investigation for their efforts in building this case. The theft of millions of dollars by a trusted professional is a brazen crime. Defendant’s further actions, victimizing an elderly woman who had entrusted him with funds and failing to abide by his own tax obligations, similarly demonstrate a blatant disregard for the law. We are committed to the prosecution of these types of offenses.”

This case is the result of an investigation conducted by the Internal Revenue Service, Criminal Investigation and the Federal Bureau of Investigation. The prosecution is being handled by Assistant United States Attorney Lesley Wolf.

The charges in the Indictment are only allegations. The defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

WILMINGTON, Del. – Five men have been sentenced in connection with the February 2016 seizure of over one kilogram of fentanyl, announced David C. Weiss, Acting United States Attorney for the District of Delaware.

According to court documents, these five men were arrested on February 11, 2016, at an industrial park on Albe Drive in Newark, Delaware, with approximately 48,800 bags of what appeared to be heroin. At the time, it was called the largest seizure of pre-packaged heroin in Delaware history. However, subsequent laboratory tests identified the substance as fentanyl, a synthetic opioid that is many times more potent than heroin. The particular stamp, or brand, on these bags was linked to two overdoses in the area.

A bag of heroin is sold on the street in Delaware for approximately $10, making the total retail value of the seizure approximately $488,800.

For their roles in the drug trafficking activity, United States District Court Senior Judge Sue L. Robinson, imposed the following sentences:

Abdul Haye, 29, of Newark, Del. – 109 months

Amyra Haye, 30, of Bear, Del. – 109 months

Daniel Haye, 38, of Bear, Del. – 96 months

Julius Williams, 30, of Newark, Del. – 60 months

Cezar Mills, 41, of Bear, Del. – 24 months

Judge Robinson also sentenced each man to three (3) years of supervised release following his prison sentence.

Acting U.S. Attorney David C. Weiss stated, “Highly addictive and potentially lethal opioids like fentanyl have become a public health crisis. I want to thank our New Castle County HIDTA partners for their aggressive investigation of this case and others like it. My office will continue to work hard to prosecute those who profit from these dangerous drugs."

“These defendants distributed a poison on our streets that destroyed numerous lives and families. For that, the penalties in federal court are severe,” said Gary Tuggle, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Unfortunately, there were 308 fatal overdose deaths in Delaware in 2016; 120 of which were from fentanyl. The seizure of these bags of fentanyl and the sentencings of these defendants, which came about as a result of the work of all the federal, state, and local law enforcement agencies that participated in this investigation has undoubtedly saved countless lives.”

This case is the product of an investigation conducted as part of the New Castle County HIDTA, which includes members from the following agencies: DEA, Delaware State Police, New Castle County Police Department, Newark Police Department, Department of Homeland Security – Homeland Security Investigations, Delaware Department of Corrections – Probation and Parole, and the Delaware Attorney General’s Office. Assistant United States Attorney Elizabeth L. Van Pelt prosecuted the case on behalf of the United States.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware announced today that defendant Bob Bennett pled guilty today to possession with intent to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime.

According to facts disclosed at the change of plea hearing, Bennett—a 35-year-0ld Seaford resident—was a heroin dealer in Seaford who was known to possess and provide firearms to his sub-distributors in order to further his drug dealing.

On November 4, 2016, ATF and the Seaford Police Department executed a search warrant on Bennett’s home and car in Seaford. The search revealed a loaded, .40-caliber firearm in the same room as two safes, the contents of which included 3,250 individual bags of heroin stamped “Donald Trump.” Nearby, officers found an additional 109 bags of heroin, stamped “Donald Trump” or “Ferrari,” as well as a total of $2,418 in cash. Agents recovered a number of other items in the house.

“This plea reflects the outstanding, cooperative work of Seaford Police and the ATF,” Acting United States Attorney David C. Weiss said. “From Seaford to Wilmington, our state is not immune to the heroin epidemic afflicting the nation. This case shows we will use the tools at our disposal—federal, state, and local—to bring justice to those responsible.”

“Armed narcotics traffickers pose a significant risk to the citizens in Seaford and throughout Delaware,” said Daniel L. Board Jr., the Special Agent in Charge for the ATF Baltimore Field Division. “But the mission of the ATF is unwavering. We will continue to fight violent crime by targeting, investigating and partnering in the prosecution of those who seek to reduce the quality of life in our communities.”

A sentencing hearing has been scheduled by the District Court for September 14, 2017 at 2:00p.m. At sentencing, Bennett faces a mandatory minimum sentence of five years, to be served consecutively to any other sentence, for possessing and using a firearm in furtherance of a drug trafficking crime.

This case was investigated by the ATF and Seaford Police. Assistant United States Attorneys Alexander S. Mackler and Lesley F. Wolf prosecuted the case.

Wilmington, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Uriel Erendira Nava, age 42, pled guilty today to conspiracy to possess with intent to distribute heroin.

According to the indictment and statements made in open court, Nava and co-conspirator Ana Sanchez were part of a larger criminal organization based out of California and Mexico trafficking in multiple drugs, including heroin. In August 2016, Nava and Sanchez drove from California in order to deliver three kilograms of heroin to a Delaware buyer in a prearranged sale. The three kilograms of heroin, hidden in the gas tank of the vehicle driven by Nava and discovered by the Drug Enforcement Administration (“DEA”) in the course of its investigation, represents one of the largest single seizures of heroin in Delaware to date.

“As heroin infiltrates our community, we will fight back,” said Acting United States Attorney David C. Weiss. “With the dedicated work of the DEA’s High Intensity Drug Trafficking Area (“HITDA”) Group, we continue to make the investigation and prosecution of heroin traffickers a top priority.”

Nava’s plea is the first conviction resulting from a DEA Group 41 HIDTA investigation that included collaboration with DEA Philadelphia and DEA Sacramento. The New Castle County HIDTA, part of the Philadelphia-Camden HIDTA, is a collaborative effort established in January 2015 among federal, state, and local law enforcement agencies in Delaware. The DEA HIDTA Group 41 includes members from the following agencies: DEA, Delaware State Police, New Castle County Police Department, Newark Police Department, Department of Homeland Security – Homeland Security Investigations, Delaware Department of Corrections – Probation and Parole, and the Delaware Attorney General’s Office.

Assistant United States Attorneys Whitney Cloud and Jennifer K. Welsh are prosecuting the case on behalf of the United States.

WASHINGTON – A Wilmington, Delaware, man was sentenced to 156 months in prison today for distributing child pornography, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney David C. Weiss of the District of Delaware.

Roy Harvender Jr., 59, pleaded guilty on Oct. 5, 2016, before U.S. District Court Judge Leonard P. Stark of the District of Delaware to one count of distribution of child pornography for his membership in a website dedicated to the sexual exploitation of children. Judge Stark also ordered Harvender to serve 10 years of supervised release and to pay $5,000 in restitution to each of this victims.

According to admissions made in connection with the plea agreement, the FBI identified Harvender during the investigation of an online bulletin board whose primary purpose was the advertisement and distribution of child pornography. This website had a total of over 105,000 users and required its members to continually share child pornography in order to gain and keep membership.

Harvender admitted that he was an active member of this website for a period of several months in 2014 and made approximately 190 postings to the board, including images and videos of child pornography and links to images and videos of child pornography. After identifying , agents executed a search warrant at his residence and found images of child pornography on electronic devices they seized. was interviewed by FBI agents and admitted that he uploaded child pornography images to other users of the website and that he owned the devices that contained child pornography.

Trial Attorney Kathryn C. Furtado of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Edmond Falgowski of the District of Delaware prosecuted this case. The FBI’s Baltimore Division investigated the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A Wilmington, Delaware, man was sentenced to 156 months in prison today for distributing child pornography, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney David C. Weiss of the District of Delaware.  

Roy Harvender Jr., 59, pleaded guilty on Oct. 5, 2016, before U.S. District Court Judge Leonard P. Stark of the District of Delaware to one count of distribution of child pornography for his membership in a website dedicated to the sexual exploitation of children.  Judge Stark also ordered Harvender to serve 10 years of supervised release and to pay $5,000 in restitution to each of his victims.

According to admissions made in connection with the plea agreement, the FBI identified Harvender during the investigation of an online bulletin board whose primary purpose was the advertisement and distribution of child pornography.  This website had a total of over 105,000 users and required its members to continually share child pornography in order to gain and keep membership.  

Harvender admitted that he was an active member of this website for a period of several months in 2014 and made approximately 190 postings to the board, including images and videos of child pornography and links to images and videos of child pornography.  After identifying Harvender, agents executed a search warrant at his residence and found images of child pornography on electronic devices they seized.  Harvender was interviewed by FBI agents and admitted that he uploaded child pornography images to other users of the website and that he owned the devices that contained child pornography.    

Trial Attorney Kathryn C. Furtado of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Edmond Falgowski of the District of Delaware prosecuted this case.  The FBI’s Baltimore Division investigated the case. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc. 

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced today that Willie Brothers, Jr., of Wilmington, was sentenced to 9 years’ incarceration following a conviction for conspiracy to distribute heroin. Brothers’ co-defendant, Raheem Ridley, is scheduled to be sentenced next month.

According to documents filed and statements made in open court, Brothers led a group of people who packaged and sold approximately 40,000 bags of heroin mixed with Fentanyl. Fentanyl is an opiate that is 50 times stronger than heroin and largely responsible for a dramatic increase in overdose deaths in the region. During his conspiracy with Ridley, Brothers provided Ridley with a handgun that had been used in multiple shootings in the city of Wilmington, including a homicide on October 14, 2015. When Brothers was arrested by the members of the Wilmington Police Department on November 4, 2015, four firearms were found in the car he was driving. Two of those firearms were associated with multiple prior shootings in Wilmington, including a shooting on November 2, 2015, when a 13-year-old girl was struck by a stray bullet.

Acting United States Attorney David C. Weiss said, “Drug dealers who use firearms and sell Fentanyl-laced heroin have no regard for human life. These defendants are the top priority for the New Castle County HIDTA. Together we are committed to investigating, prosecuting and removing these individuals from our community.”

This case is the result of an investigation conducted by multiple agencies in the New Castle County HIDTA Group. The FBI Safe Streets Drug Taskforce and Cecil County Drug Taskforce led the investigation with significant assistance from the Delaware State Police, Wilmington Police Department and the Delaware Attorney General’s Office. The case was prosecuted by Special Assistant United States Attorney Christopher L. de Barrena-Sarobe and Assistant United States Attorney Shawn A. Weede.

WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced today that a federal grand jury in Wilmington charged Eric Kappesser, age 27, of Stevensville, Maryland, with two counts of impersonating a federal agent and one count of the unauthorized possession of a badge or insignia of a federal agency. The defendant faces up to 3 years in prison on each of the impersonation charges and up to 6 months in prison on the unauthorized possession charge.

The Indictment alleges that, between April and October 2016, the defendant represented himself to others as an agent with the Federal Bureau of Investigation. In addition, defendant Kappesser specifically requested and obtained a law enforcement discount when purchasing certain firearms accessories in September 2016. In or around October 2016, defendant also wore a replica of an FBI badge around his neck.

Acting U.S. Attorney Weiss noted, “Individuals who impersonate law enforcement officers violate the public trust and pose a risk to public safety. Such conduct disrespects the law enforcement officers who place themselves at risk every day to keep our communities safe. ”

This case is the result of an investigation conducted by the Federal Bureau of Investigation and Bureau of Alcohol Tobacco and Firearms. The prosecution is being handled by Assistant United States Attorney Lesley Wolf.

The charges in the Indictment are only allegations. The defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

WILMINGTON, Del. – Acting U.S. Attorney David C. Weiss for the District of Delaware announced today that a federal grand jury sitting in Wilmington indicted Scott C. Foster on April 13, 2017, on charges related to the production, receipt, and possession of child pornography.

Defendant Foster, 37, of Dover, Delaware made his initial appearance before a federal magistrate judge on April 24, 2017, where his federal Indictment was unsealed. Foster allegedly used a fake Facebook account under the name of “Chase Reacher” to harass, threaten, and coerce minor females into making and sending sexually explicit photographs.

According to the Indictment, from August 2016 through September 2016, Foster knowingly persuaded two Maryland minors to engage in sexually explicit conduct for the purpose of producing images of the conduct and knowingly received child pornography from the two minors. During the same time period, the Indictment alleges that Foster knowingly attempted to persuade and induce a third Maryland minor to engage in sexually explicit conduct for the purpose of producing images of the conduct. Foster is also charged with possession of child pornography.

An indictment is merely an allegation. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Delaware Child Predator Task Force, and the Caroline County, Maryland Sheriff’s Office investigated, and Assistant U.S. Attorney Graham L. Robinson of the District of Delaware is prosecuting the case.

This investigation is an outgrowth of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Any person having information about this matter is encouraged to contact Homeland Security Investigations at (302) 428-0104.