Northern District of Indiana

FORT WAYNE –United States Attorney David A. Capp announced five indictments and six criminal complaints against 18 individuals allegedly involved in a large-scale drug distribution network.  This network involved the movement of cocaine, methamphetamine and heroin in a geographic area encompassing Fort Wayne to Elkhart and South Bend, Indiana. 

Federal, state and local law enforcement officers, beginning yesterday morning, arrested 17 of the named individuals. One is a fugitive at this time.  In addition, law enforcement officers executed 20 federal search warrants in conjunction with this investigation.

The principal indictment alleges a conspiracy to distribute cocaine, methamphetamine and heroin against the following, all from Fort Wayne:

• Jose C. Razo, age 43; also charged with maintaining 2720 Winter St., Ft. Wayne as a drug distribution place and eight specific alleged distributions;

• Carlos Silva-Ponce, age 39; also charged with maintaining 2720 Winter St. as a drug distribution place and two specific alleged distributions;

• Patricia S. Quinones, age 48;

• Samuel J. Gemple, age 48;

• Marco A. Garcia, age 29, and

• Allan C. Chiprez-Garcia, age 20.

In addition, other indictments were returned against:         

• Baltazar Fernandez, age 44, Fort Wayne; conspiracy to distribute cocaine;

• Juan M. Gonzalez, age 33, Fort Wayne; conspiracy to distribute heroin and cocaine;

• Frederick Moore, age 42, Fort Wayne; conspiracy to distribute heroin and cocaine and with maintaining 2526 Baywood Trail, Ft. Wayne as a drug distribution place; arrested yesterday in South Dakota;

• Javier Orozco, age 28, Fort Wayne; conspiracy to distribute heroin; currently a fugitive, anyone with information as to his whereabouts should contact the FBI;
• Edy A. Montoya-Echeverria, age 34, Fort Wayne; conspiracy to distribute heroin, and

• Larmondo Watts, age 44, Fort Wayne; possession with intent to distribute cocaine.

In addition to the above indictments, federal criminal complaints were issued for the following individuals:

• Jesus Montes-Perez, age 47, Fort Wayne; distribution of methamphetamine;

• Rene A. Del-Rio Salazar, age 30, South Bend; distribution of cocaine;

• Fernando G. Garcia, age 30, Fort Wayne; distribution of heroin;

• Carlos Prado, age 36, Fort Wayne; distribution of methamphetamine;

• Jonathan A. Galindo, age 25, Fort Wayne; conspiracy to distribute cocaine along with using a telephone to facilitate distribution, and

• Enrique Cordova Campos, age 41, Elkhart, conspiracy to distribute cocaine.

Federal search warrants were executed at the following addresses:

• 3033 Winter Street, Fort Wayne, IN;

• 2720 Winter Street, Fort Wayne, IN;

• 2808 Taylor Street, Fort Wayne, IN;

• 2715 Hoagland Avenue, Fort Wayne, IN;

• 2724 Winter Street, Fort Wayne, IN;

• 2311 Whitmore Avenue, Fort Wayne, IN;

• 50773 CR 11, Elkhart, IN;

• 1331 Ebeling Drive, South Bend, IN;

• 8711 Voyager Drive, Fort Wayne, IN;

• 2526 Baywood Trail, Fort Wayne, IN;

• 205 West Wallace Street, Fort Wayne, IN;

• 9723 Tumbleweed Blvd., Fort Wayne, IN;

• 9525 Woodstream Dr., Fort Wayne, IN;

• 1135 Eliza Street, Fort Wayne, IN;

• 13814 Piedmont Cove, Fort Wayne, IN;

• 2531 Sandpoint Road, Fort Wayne, IN;

• 4005 Reed Street, Fort Wayne, IN;

• 1112 Wabash Avenue, Fort Wayne, IN;

• 1714 South Coliseum Blvd, Fort Wayne, IN, and

• 4501 Smith Street, Fort Wayne, IN.

This investigation was directed by the Federal Bureau of Investigation, Fort Wayne Safe Streets Task Force (FWSSTF).  Partners in the FBI FWSSTF are the Allen County Sheriff’s Department, Fort Wayne Police Department, and the Indiana State Police.  In addition, the FBI FWSSTF was assisted by the Internal Revenue Service-Criminal Investigation Division, U.S. Drug Enforcement Administration, U.S. Marshal’s Service, Elkhart Police Department, and the South Bend Police Department.  This case is being prosecuted by Assistant United States Attorneys Anthony Geller and Stacey Speith.

The United States Attorney's Office emphasized that an Indictment or Complaint is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

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HAMMOND – United States Attorney for the Northern District of Indiana, David A. Capp, announced that Barbara Gasich, 54, and George Gasich, 55, formerly of St. John, Indiana and now residing in Lakewood Ranch, Florida, were sentenced in Hammond Federal Court before Chief Judge Philip Simon for making false claims with the federal government.   

Barbara Gasich was sentenced to 36 months’ imprisonment and fined $50,000. 

George Gasich was sentenced to 36 months’ imprisonment and fined $50,000. 

According to court filings, the Gasichs’ had a 20-year dispute with the IRS which included filing false tax returns and numerous false documents seeking large refunds.  At the sentencing hearing, an IRS agent testified that the Gasichs had earned more than $ 3 million since 2000, but had only voluntarily paid $7,458 in federal income tax.  The Gasichs owe more than $1.28 million dollars in outstanding tax, interest and penalties.            

This case was investigated by the United States Internal Revenue Service, Criminal Investigation Division. This case was handled by Assistant United States Attorneys Gary Bell and Nathaniel Whalen.                   

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HAMMOND – United States Attorney for the Northern District of Indiana, David A. Capp, announced that Antonio Perkins, 26, of East Chicago, Indiana was sentenced in Hammond Federal Court before Judge Rudy Lozano for possession with intent to distribute heroin. 

Perkins was sentenced to 37 months’ imprisonment followed by 3 years of supervised release.

According to documents filed in this case, on or about August 18, 2015, Perkins possessed with intent to distribute heroin, and he was held responsible at sentencing for distribution of at least 20 but less than 40 grams of heroin as being involved in his offense.        

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was handled by Assistant United States Attorney Dean R. Lanter. 

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SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Jamar Crawford, 22, of Mishawaka, Indiana was sentenced before Judge Jon E. DeGuilio for Hobbs Act Robbery and using a firearm in during a crime of violence.

Crawford was sentenced to 87 months’ imprisonment and 2 years of supervised release.

According to documents filed in this case, on August 29, 2015, Crawford and a co-defendant entered a liquor store in South Bend armed with a shotgun and robbed the store of cash.  They then fled the business and were apprehended by South Bend Police Officers.   

This case was prosecuted as a result of an investigation by the Federal Bureau of Investigation.  This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.

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HAMMOND – United States Attorney David Capp announced federal racketeering charges against 9 additional members of the Latin Kings, a criminal enterprise doing business in Chicago and northwest Indiana.  Named in this indictment are:

Reynaldo Robles a/k/a “Sneaky,” 24, of Portage;

Nicholas Baez a/k/a “Cali,” 22, of Whiting;

Antonio Gamino a/k/a “Stacks,” 19, of Griffith;

Efren DelAngel a/k/a “Payoso,” 21, of Hammond;

Mark Anthony Toney a/k/a “Slim,” 37, of Lake Village;

William Dennis Salazar, 40, of Hammond;

Darrick Vallodolid, 27, of Hobart;

Robert Nieto a/k/a “Cowboy,” 42, of Gary;

Peter Salinas a/k/a “Pudge,” 30, of Hammond

These 9 individuals were added to the existing Latin King indictment pending in the Northern District of Indiana that had previously charged 17 members or associates of the Latin Kings.  Each of the persons named today are charged with a conspiracy to participate in racketeering activity and with a conspiracy to distribute narcotics.

Today’s indictment also details two previously uncharged murders as alleged overt acts in the racketeering conspiracy.  On July 18, 2011, Travis Nash was shot and killed in Hammond.  The indictment alleges that Reynaldo Robles, acting at the direction of Aldon Perez (indicted previously), shot and killed Nash, believing him to be a rival gang member. The indictment also alleges that on August 14, 2014, Keith Trevor Manuel and Joseph Uvalle (both indicted previously) demanded that members of the Latin Kings take action against Estrella’s Bar in Hammond, Indiana, as the owner of Estrella’s Bar was allowing rival gang members to patronize the bar.  It is alleged that Uvalle drove Nicholas Baez and Antonio Gamino to the bar and handed Baez a firearm. Baez shot into the bar, striking and killing Raudel Contreras, while Gamino served as a lookout.  

The previous Latin King indictment had charged Anton James with murder in aid of racketeering for his alleged role in the murder of Martin Hurtado Sr.  The indictment alleges that, on Oct. 28, 2014, James shot and killed Hurtado Sr. in Hammond believing that he was Martin Hurtado Jr., whom James believed was a rival gang member.  This count carries over unchanged from the previous indictment.

The previous Latin King indictment had charged Joseph Uvalle with sex trafficking offenses, and this indictment carries those charges over unchanged from the previous indictment. 

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

This case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the East Chicago Police Department, the Federal Bureau of Investigation, the Gary Police Department, the Hammond Police Department, the Lake County, Indiana, Sheriff’s Department and Lake County High Intensity Drug Trafficking Area officers and agents.  The Lake County Prosecutor’s Office also has provided assistance.  The Latin King case is being prosecuted by Assistant U.S. Attorneys David J. Nozick, Dean Lanter and Abizer Zanzi of the Northern District of Indiana. 

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SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that James Johnson, 24, of Elkhart, Indiana was sentenced before Judge Jon E. DeGuilio for possession of a stolen firearm.

Johnson was sentenced to 120 months’ imprisonment and 2 years of supervised release.

According to documents filed in this case, Johnson burglarized a firearms dealer in the St. Joseph County Area.  More than 10 firearms were stolen during that time.  On August 12, 2015, one of the firearms was recovered in Johnson’s home in Elkhart, Indiana.

This case was prosecuted as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.

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SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Ronald E. Wheaton, 35, of LaPorte, Indiana was sentenced before Judge Jon E. DeGuilio for distribution of child pornography.

Wheaton was sentenced to 151 months’ imprisonment and 5 years of supervised release.

According to documents filed in this case, on March 17, 2014, Wheaton distributed child pornography to an undercover Indiana State Police officer using a peer-to-peer file sharing system online.  When officers executed a search warrant at his home on July 7, 2014, they discovered additional child pornography.   

This case was prosecuted as a result of an investigation by the Federal Bureau of Investigation and the Indiana State Police.  This case was prosecuted by Assistant United States Attorney John M. Maciejczyk

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SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Roman Olvera, 29, of Elkhart, Indiana was sentenced before Judge Jon E. DeGuilio for distribution of controlled substances and carrying a firearm during and in relation to a drug trafficking crime.

Olvera was sentenced to 180 months’ imprisonment and 4 years of supervised release.

According to documents filed in this case, on September 25, 2015, Olvera distributed heroin and marijuana to another person.  Olvera admitted to carrying a firearm to protect himself from being robbed of drugs or proceeds during the transaction.  When arrested on February 14, 2016, Olvera had approximately 114 grams of methamphetamine in his possession.         

This case was prosecuted as a result of an investigation by the Drug Enforcement Administration.  This case was prosecuted by Assistant United States Attorney Jesse M. Barrett.

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HAMMOND – United States Attorney for the Northern District of Indiana, David A. Capp, announced that Brian Delach, 30, of Portage, Indiana was sentenced in Hammond Federal Court before Chief Judge Philip Simon for receipt of child pornography 

Delach was sentenced to 168 months’ imprisonment followed by 8 years of supervised release.

According to documents filed in this case, between February and October 2015, Delach downloaded and viewed numerous images of child pornography on the Internet.    

This case was investigated by the Federal Bureau of Investigation. This case was handled by Assistant United States Attorney Abizer Zanzi. 

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SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Isaiah Beavers, age 26, of South Bend, Indiana was arrested and charged by criminal complaint for threats posted using the Internet.  Beavers was arrested over the weekend by the FBI and the South Bend Police Department and appeared this afternoon before a United States Magistrate Judge for an initial appearance.  The United States Attorney’s Office is seeking pre-trial detention and the detention hearing is set for Wednesday, July 13, 2016 at 2:00PM.

The complaint alleges that Beavers made a series of postings on social media referencing the rally scheduled in South Bend for this past Saturday evening.  The exact language of his posts are contained in the affidavit that supported the criminal complaint; both the criminal complaint and affidavit have been unsealed following Mr. Beavers’ initial appearance today.

Beavers was arrested Saturday afternoon, well before the rally referenced in his postings commenced.  The rally was held that evening and was peaceful as planned.

This case was prosecuted as a result of an investigation by the Federal Bureau of Investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the South Bend Police Department; the St. Joseph County Police Department; and the St. Joseph County Prosecutor’s Office High Tech Crimes Unit.  This case is being handled by Assistant United States Attorney Kenneth M. Hays.

The United States Attorney’s Office emphasizes that a Criminal complaint is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

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HAMMOND- United States Attorney David A. Capp announced that a federal grand jury in Hammond returned an indictment charging two individuals with a series of bank robberies in Northwest Indiana.    

The indictment charges Artez Brewer, 29, of Gary, Indiana with three counts of bank robbery and charges Robin Pawlak, 30, of Gary, Indiana with two counts of bank robbery.

The indictment alleges that on April 28, 2016, Brewer and Pawlak robbed Centier Bank in Griffith, Indiana; on May 6, 2016, Brewer robbed Main Source Bank in Crown Point, Indiana; and on May 27, 2016, Brewer and Pawlak robbed Horizon Bank located in Whiting, Indiana. 

The defendants were arrested following the robbery of Banner Bank in Los Angeles, California on June 10, 2016.  Brewer and Pawlak are scheduled for trial in the Central District of California on August 9, 2016.  Upon conclusion of the trial both defendants will be transferred to the Northern District of Indiana to face charges here. 

The case is being investigated by the Federal Bureau of Investigation with the assistance of the Crown Point, Griffith and Whiting, Indiana Police Departments. The case is being prosecuted by Assistant United States Attorney Jennifer Chang.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

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HAMMOND- United States Attorney David A. Capp announced today that a federal grand jury in Hammond returned a five-count indictment on May 19, 2016 charging a man and woman from Gary, Indiana with stealing over $3 million in tax refunds from the Internal Revenue Service (IRS).

The indictment charges Donald L. Armour, 65, and Veronica Young, 46, both of Gary, Indiana, with one count of Conspiracy to Commit Mail Fraud.  Young is additionally charged with one count of False Claims, and Armour is additionally charged with three counts of False Claims. 

The indictment alleges that from about July 2011 to about February 2013, Armour and Young devised a scheme to defraud which involved filing false and fraudulent tax returns in order to obtain fraudulent refunds from the IRS.  Specifically, the indictment alleges that Armour and Young created several trusts, named themselves as the trustees, and filed fraudulent tax returns for those trusts.  The trust tax returns contained fraudulent representations designed to result in a high refund.  Armour received three refund checks, totaling more than $2.7 million, for three separate trusts for which he filed fraudulent tax returns.  Young received one refund check for over $300,000 for a trust for which she filed a fraudulent tax return. 

The IRS was able to recover approximately $2.2 million of the money issued to Armour and Young in fraudulent refunds.

Armour and Young were taken into custody and had their initial appearance today before Magistrate Judge Andrew Rodovich.

The case is being investigated by the Internal Revenue Service-Criminal Investigation Division and prosecuted by Assistant U.S. Attorney Maria N. Lerner.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

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SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Orlandor Branch, 43, of South Bend, Indiana was sentenced before Judge Robert L. Miller, Jr., for felon in possession of a firearm.

Branch was sentenced to 51 months’ imprisonment and 2 years of supervised release.

According to documents filed in this case, on October 31, 2015 the South Bend Police Department was dispatched to a home for a domestic incident.  Upon arrival, police saw Branch wearing a shoulder holster that contained a firearm.  On March 23, 2016 Branch changed his plea to guilty admitting to possession of a firearm as a felon.     

This case was prosecuted as a result of an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of South Bend, Indiana Police Department.  This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.

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HAMMOND – United States Attorney for the Northern District of Indiana, David A. Capp, announced that Miranda Brakley, 36, of Lake Station, Indiana was sentenced in Hammond Federal Court for one count theft of government funds. 

Brakley was sentenced to 2 years probation which includes a 6 month term of home detention.  Brakley was also ordered to make restitution to the City of Lake Station in the amount of $664.00.

According to documents filed in the case, while employed by the court, Brakley embezzled approximately $16,000 from the Lake Station City Court. 

This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service –Criminal Investigation Division, and resulted from an audit conducted by the Indiana State Board of Accounts. This case was handled by Assistant United States Attorney Philip C. Benson. 

HAMMOND – United States Attorney for the Northern District of Indiana, David A. Capp, announced that Brian Reider, 55, of Valparaiso, Indiana was sentenced before Senior District Court Judge James T. Moody for one count of production of child pornography and one count of distribution of child pornography. 

Reider was sentenced to 600 months (50 years) imprisonment followed by 20 years of supervised release and ordered to pay $3000 in restitution to victim “John Doe”. 

Reider's sentence follows his guilty plea to knowingly producing sexually explicit depictions of then-12-year-old John Doe on or about September 13, 2009 and knowingly distributing child pornography on or about September 17, 2010.

According to documents filed in the case, Reider met 12 year-old John Doe at a BMX bike park in Illinois and communicated with the boy via the social networking site “My Space.”   Reider provided the boy with parts for his BMX bicycle and asked the boy to allow Reider to take sexually explicit photographs in exchange.  Numerous sexually explicit photographs and a video of John Doe were created in a wooded area near the Illinois bike park and transported by Reider back to his Indiana home where they were later found by law enforcement saved to Reider's computer.  

Further investigation revealed that Reider was also trading child pornography online via a peer-to-peer file sharing program and had amassed a collection of over 20,000 images and 4,400 videos depicting minors engaging in sexually explicit conduct. 

Also found on Reider's computer were numerous sexually explicit photographs and videos taken in Defendant's residence of at least three other unidentified minor male victims in addition to John Doe. 

This case was the result of an investigation by the Federal Bureau of Investigation with the assistance of the Highland, Indiana Police Department through a Child Sexual Predator Program Grant; the Kokomo, Indiana Police Department; and the DuPage County, Illinois States Attorney’s Office. This case was handled by Assistant United States Attorney Jill R. Koster. 

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FORT WAYNE – United States Attorney for the Northern District of Indiana, David Capp, announced that Miguel Verduzco Velazquez, 35, of Fort Wayne, Indiana, was sentenced before District Court Judge Theresa L. Springmann for possessing with the intent to distribute 1 kilogram or more of heroin and illegal reentry into the United States after conviction and removal for an aggravated felony. 

Verduzco Velazquez was sentenced to 180 months of imprisonment and 5 years of supervised release. 

According to documents filed in the case, on March 17, 2016 Verduzco Velazquez changed his plea to guilty on counts 1 and 2 of the indictment.  Count one charged Verduzco with knowingly and intentionally possessing with the intent to distribute heroin in excess of one kilogram and count two charged him with illegal reentry into the United States after conviction and removal for an aggravated felony.  The charges stemmed from an ongoing FBI investigation resulting in a traffic stop conducted by the Allen County Sheriff’s Department on August 14, 2014.  During the stop, a K-9 alerted to the presence of narcotics in the vehicle that Verduzco Velazquez was driving.  Upon the alert, Verduzco Velazquez ran and was apprehended after a short chase.  There was approximately a kilogram of heroin found in the vehicle, and Verduzco Velazquez had just delivered another kilogram of heroin to another individual.   

This investigation was conducted by the Federal Bureau of Investigation with the assistance of the Allen County Sheriff’s Department.  This case was prosecuted by Assistant United States Attorney Anthony W. Geller.

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HAMMOND- United States Attorney David A. Capp announced that a federal grand jury in Hammond returned an indictment charging three individuals for their part in a house flipping scheme involving Department of Housing and Urban Development (HUD) properties. 

The indictment charges Sergio Garcia, Sr.,46, of Chicago, IL and Sergio Garcia, Jr., 27, of Lowell, IN with conspiracy to commit mail fraud and ten substantive counts of mail fraud.  It also charges Timothy D. Greene, 29, of Lansing, IL with submitting fraudulent information to HUD.

The indictment alleges that between January 1, 2011 and May 31, 2014, Defendants Sergio Garcia, Sr. and Sergio Garcia, Jr. conspired with others known and unknown to the Grand Jury to engage in a scheme to defraud and to obtain money by means of false pretenses, representations and promises.

The alleged scheme involved offering to buy more than 40 HUD homes situated in the following cities or towns in Indiana:  Gary, Hammond, Merrillville, Whiting, East Chicago, Hobart, St. John, Valparaiso, and Lake Village; as well as the following cities or towns in Illinois:  Cicero, Chicago, Maywood, Alsip, Stone Park, Riverdale, Chicago Heights, Berwyn, Lansing, Stickney, and Evergreen Park.  The conspirators sought to purchase the homes from HUD and sell them the same day or soon thereafter for a profit to subsequent buyers.

The purchase contracts provided to HUD to purchase the properties stated that the conspirators or one of their businesses were purchasing the properties as investors and would pay with cash or use other financing not involving FHA.  To support their claimed financial ability to pay for the homes, the conspirators mailed fraudulent letters purporting to show that they or their company had access to the funds needed to complete each purchase.  Many of the letters purported to be written by a private venture capital business and falsely stated that a conspirator or their business held a line of credit of up to $500,000.00, when in fact, as the conspirators well knew: these letters were altered, forged and counterfeited; the lines of credit referenced therein did not exist; and the signatures thereon were forged and unauthorized. 

The alleged scheme further involved the conspirators placing their own “for sale” signs at the HUD homes before their purchase from HUD had occurred. 

When the conspirators could not find a subsequent purchaser to buy the homes, they allowed their purchase contracts with HUD to expire.  The conspirators filed false liens on many of the HUD homes after their purchase contracts expired.  The false liens hindered HUD from selling the homes to subsequent purchasers.  The conspirators requested money from subsequent purchasers to release the false liens.   

The indictment also alleges that on or about February 13, 2012, Timothy Daniel Greene provided a fraudulent letter to HUD stating he held an approved line of credit with a venture capital business and that he did so for the purpose of influencing HUD to approve a purchase offer he had submitted for a property in Chicago, IL.

The case is being investigated by the Federal Bureau of Investigation and the Department of Housing and Urban Development, Office of Inspector General.  The case is being prosecuted by Assistant United States Attorney Jill R. Koster.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

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FORT WAYNE –United States Attorney David A. Capp announced that a federal grand jury in Fort Wayne returned a 12-count indictment against Carlos Sanchez, 30, and Matthew Warner, 21, both of Fort Wayne, Indiana.

Sanchez and Warner were charged with the following:

• Both were charged with one count of conspiracy to manufacture or deal in firearms without being a licensed dealer of firearms.

Warner was also charged with one count of knowingly possessing or receiving a firearm that had been shipped or transported in interstate commerce with an obliterated serial number. 

Sanchez was charged with one count of each of the following:

• Not being a licensed dealer of firearms while engaging in the business of importing, manufacturing and dealing in firearms;

• Being a felon in possession of a firearm;

• Knowingly open, lease, rent and maintain a place for the purpose of distributing and using a controlled substance; and

• Possessing a firearm in furtherance of a drug trafficking crime.

Sanchez was also charged with three counts of each of the following:

• Knowingly possessing or receiving a firearm that had been transported or shipped in interstate commerce with an obliterated serial number; and

• Knowingly selling or providing a firearm to a felon.

According to court filings, Warner supplied firearms that were illegally trafficked.  Sanchez was a prohibited person and could not legally obtain firearms.  Warner tried to conceal his criminal conduct from law enforcement.

Both Sanchez and Warner were detained pending trial.

This investigation was conducted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.  This case is being prosecuted by Assistant United States Attorney Lesley Miller-Lowery.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

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WASHINGTON – Six New Jersey residents were among nine individuals charged today in four states for their alleged roles in an interstate dog-fighting network spanning from New Mexico to New Jersey, announced Assistant Attorney General John Cruden for the Department of Justice’s Environment and Natural Resources Division and U.S. Attorney Paul Fishman for the District of New Jersey.

The federal Animal Welfare Act makes it a felony punishable by up to five years in prison to fight dogs or to possess, train, sell, buy, deliver, receive or transport dogs intended for use in dog fighting. 

Criminal complaints filed in New Jersey named the following individuals, eight of whom were arrested:  

• Anthony “Monte” Gaines, 35, of Vineland, New Jersey (already in state custody on unrelated charges)

• Justin Love, 36, of Westville, New Jersey

• Lydell Harris, 30, of Vineland

• Mario Atkinson, 40, of Asbury Park, New Jersey

• Frank Nichols, 39, of Millville, New Jersey

• Tiffany Burt, 34, of Vineland

• Dajwan Ware, 43, of Fort Wayne, Indiana

• Pedro Cuellar, 46, of Willow Springs, Illinois

• Robert Arellano, 62, of Albuquerque, New Mexico

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

The three criminal complaints charge residents of New Jersey and out-of-state residents for their alleged involvement in a multi-state dog fighting network.  The charges include alleged criminal acts related to transporting, delivering, buying, selling, receiving and possessing pit bull-type dogs for dog fighting ventures and conspiring to commit these acts in New Jersey and elsewhere throughout the United States.

From October 2015 through the present, the defendants and their associates participated in dog-fighting ventures in which pit bull-type dogs were set up for matches to maul and attack each other and fight – often until one or both dogs die – and facilitated these ventures by transporting and delivering dogs between dog fighters in various states.  The federal undercover investigation revealed that the defendants discussed graphic accounts of prior dog fights they and their associates staged and furthered their dog-fighting ventures through the exchange of information concerning dog-fighting bloodlines, training methods, fighting techniques and the market for buying and selling dogs.

Federal agents found and saw evidence of the dog-fighting ventures on some of the defendants’ properties.  This included scarred dogs and dogs stacked in crates; dog fighting paraphernalia, such as dog treadmills, “flirt” poles used to build jaw strength and increase aggression and animal pelts.  Also found and seen were surgical instruments, syringes and other tools used to mend dogs in lieu of seeking veterinary attention.

This case is part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dog fighting.  The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog-fighting “victories.”

“Dog fighting is truly an organized criminal activity, as well as a deplorable trade in the suffering of animals,” said Assistant Attorney General Cruden.  “This case marks the beginning of a coordinated effort at the Department of Justice to meet organized dog fighting head-on with a strategic, aggressive federal response.”

“There is no place in New Jersey – or anywhere else, for that matter – for a vicious blood sport like dog fighting,” said U.S. Attorney Fishman.  “Not only is it unspeakably cruel to the animals that are raised to participate in dog fighting, but animals trained in this way can be extremely dangerous to the public.”

Operation Grand Champion is a continuing investigation by the U.S. Department of Agriculture, Office of the Inspector General, under the direction of Special Agent in Charge William G. Squires; Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Terence S. Opiola; and the FBI, under the direction of Special Agent in Charge Timothy Gallagher, in coordination with the Department of Justice.

The government is represented by Justice Department’s Environmental Crimes Section Trial Attorneys Ethan Eddy and Shennie Patel  and Assistant U.S. Attorneys Jihee Suh and Kathleen O’Leary of the District of New Jersey and the, with the assistance of the U.S. Attorney’s Offices in the District of New Mexico, Northern District of Illinois and Northern District of Indiana.

The Humane Society of the Unites States is assisting with the care of the dogs seized by federal law enforcement.

A criminal complaint is an allegation based upon a finding of probable cause by a magistrate judge.  A defendant is presumed innocent unless and until convicted.  If convicted, each defendant faces up to five years in prison and a $250,000 fine per count of animal fighting charges.  The investigation is ongoing.

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HAMMOND – United States Attorney for the Northern District of Indiana, David A. Capp, announced that Mohamed L. Fadiga, 42, of Indianapolis, Indiana, was found guilty, after a two- day jury trial, of possession of 15 or more counterfeit or unauthorized debit gift cards.

The defendant will be sentenced in September and is currently on bond.

This case was prosecuted as a result of an investigation by the U.S. Department of Homeland Security, Homeland Security Investigations.  This case was prosecuted by Assistant United States Attorneys Toi Denise Houston and Maria N. Lerner.

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FORT WAYNE – United States Attorney for the Northern District of Indiana, David Capp, announced that Corey Stewart Eaves, 35, of Fort Wayne, Indiana, was sentenced before District Court Judge Theresa L. Springmann for being a felon in possession of a firearm. 

Eaves was sentenced to 77 months imprisonment and 1 year supervised release. 

According to documents filed in the case, on July 12, 2015, the Fort Wayne Police Department was called to a home in Fort Wayne for a domestic disturbance.  During the investigation, the police found multiple firearms and ammunition that was in the possession of Eaves.  Due to Eaves prior felony criminal convictions, the Fort Wayne Police Department turned the case over to the Bureau of Alcohol, Tobacco, Firearms and Explosives for a federal charge of being a felon in possession. 

This investigation was conducted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Fort Wayne Police Department.  This case was prosecuted by Assistant United States Attorney Lovita Morris-King.

# # #

SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Ericka Simmons, 28, of Hammond, Indiana was sentenced before Judge Jon E. DeGuilio, for conspiracy to distribute Heroin.

Simmons was sentenced to 108 months’ imprisonment and 4 years of supervised release. Simmons was found guilty by a jury on February 5, 2016 at the end of a five day jury trial. 

According to documents filed in this case, from 2009 up to and including October 2014, Antwon Willis knowingly and intentionally combined, conspired, confederated and agreed with other persons, including Ms. Simmons, to distribute over 100 grams of heroin in the Northern District of Indiana and elsewhere.

This case was prosecuted as a result of an investigation by the U.S. Drug Enforcement Administration with the assistance of Michigan City and Portage, Indiana Police Departments.  This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.

# # #

SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Cheyenne Allen, 40, of Salyersville, Kentucky was sentenced before Judge Jon E. DeGuilio, for mail fraud.

Allen was sentenced to 10 months imprisonment, 1 year of supervised release and ordered to pay 80,192.83 in restitution. 

According to documents filed in this case, Allen conducted a scheme to steal valuable walnut trees from the land of an absentee landowner.  After Allen’s timber-buying license was suspended by the State of Indiana, he began negotiating with a landowner to buy land in Cass County, Indiana.  Before Allen had purchased the land, he had a stand of valuable walnut trees logged from the land and sold it for over $80,000.  The landowner had no knowledge that Allen had cleared the land. 

This case was prosecuted as a result of an investigation by the U.S. Fish and Wildlife Service with assistance from the Indiana Department of Natural Resources.  This case was prosecuted by Assistant United States Attorney Jesse M.  Barrett.

# # #

SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Antwon Willis, 46, of Richton Park, Illinois was sentenced before Judge Jon E. DeGuilio, for conspiracy to distribute Heroin.

On May 26, 2016, Willis was sentenced to 235 months imprisonment and 4 years of supervised release following a five day jury trial that concluded with guilty verdicts on February 5, 2016. 

According to documents filed in this case, from 2009 up to and including October 2014, Willis knowingly and intentionally combined, conspired, confederated and agreed with other persons to distribute over 100 grams of heroin in the Northern District of Indiana and elsewhere.   Willis, who lived near Chicago, mainly used intermediaries to distribute heroin in LaPorte County, Indiana as well as Hammond, Indiana and Eastern Illinois.  At the sentencing hearing held on May 26, 2016, the judge found that Willis was responsible for distributing at least 18 kilograms of heroin.  The conspiracy involved locations in Iowa, Illinois, Minnesota, Michigan and Indiana.

United States Attorney Capp said, “Our federal, state and local partners work closely together with my Office to locate the distributors of this highly addictive, dangerous drug and prosecute them.  Even if someone lives in another community, or even another state, when heroin is sold in Indiana we will pursue the people who are responsible.  We will continue to devote resources through prosecution and community training to curb this epidemic.”

"Heroin traffickers ruin lives, families and communities, by causing overdose deaths and spikes in violence.  The DEA along with its local partners are committed to stopping anyone who exploits addiction and make our neighborhoods less safe.  The success of this investigation is a direct reflection of the collaborative efforts of DEA and the Michigan City Police Department", said Assistant Special Agent in Charge Greg Westfall of DEA's Indianapolis District Office.

This case was prosecuted as a result of an investigation by the U.S. Drug Enforcement Administration with the assistance of Michigan City and Portage, Indiana Police Departments.  This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.

# # #

HAMMOND – United States Attorney for the Northern District of Indiana, David A. Capp, announced that Zachary Berkshire, 32, of Valparaiso, Indiana was sentenced before District Court Judge Rudy Lozano for one count of enticement of a minor child and two counts of production of child pornography. 

Berkshire was sentenced to 30 years imprisonment and Supervised Release for life.  He is also required to register as a sex offender upon his release from prison.

According to documents filed in this case, between June 2014 continuing through August 2014, Berkshire used a computer connected to the Internet and a cell phone to contact a minor between the ages of 12 and 15 years old.  Berkshire persuaded the victim to meet him at a park in Northwest Indiana for the purpose of engaging in sexual activity.  Despite knowing the victim was under the age 15 and after he had sex with her in the park, Berkshire continued to maintain contact with her online and via text message. Between January 12, 2015 and January 14, 2015, Berkshire sent text messages to the victim requesting close up pictures of her private parts which he received.  During the investigation, a second victim was found to be targeted on August 12, 2013, when Berkshire recorded her with a hidden camera in a bathroom of his house without her knowledge for the express purpose of obtaining sexually explicit footage.  Berkshire sent this information via his personal email address to another individual.    

This case was the result of an investigation by the Federal Bureau of Investigation and the Indiana State Police. This case was handled by Assistant United States Attorney Toi Denise Houston. 

# # #

FORT WAYNE – United States Attorney for the Northern District of Indiana, David Capp, announced that Tremaine J. Barnett, 32, of Fort Wayne, Indiana, was sentenced before District Court Judge Theresa L. Springmann for possession with intent to distribute Heroin. 

Barnett was sentenced to 92 months imprisonment and 4 years supervised release. 

According to documents filed in the case, on or about April 29, 2015, Barnett knowingly and intentionally possessed with intent to distribute more than 100 grams of Heroin. 

This investigation was conducted by the United States Drug Enforcement Administration.  This case was prosecuted by Assistant United States Attorney Anthony W. Geller.

# # #

SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Lawrence Lusk, 30, of South Bend, Indiana was sentenced before Judge Jon E. DeGuilio, for being a felon in possession of a firearm.

Lusk was sentenced to 34 months imprisonment and 1 year of supervised release. 

According to documents filed in this case, on September 2, 2015, Lusk was arrested for domestic violence and was searched incident to arrest.  During the search officers located a purple bag in his waist that contained marijuana, cocaine and heroin.  Officers also located a .45 caliber firearm in the vehicle where Lusk was seated.  During an interview Lusk admitted to possessing the firearm.  Lusk has multiple prior convictions which classified him as a felon. 

This case was prosecuted as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the South Bend Police Department.  This case was prosecuted by Assistant United States Attorney Jesse M. Barrett.

# # #

HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Cedric C. Shaw, 35, of South Holland, Illinois, was sentenced before District Court Senior Judge James T. Moody for aggravated identity theft; using counterfeit credit cards;   illegal possession of device-making equipment; and committing an offense while on release. 

Shaw was sentenced to 65 months’ imprisonment, 2 years of supervised release and ordered to pay $56,434.11 in restitution. 

According to documents filed in this case, between April 2014 and June 2014, Shaw worked with two other co-defendants to commit credit card fraud.  He purchased stolen credit card numbers from the Internet.  The stolen credit card numbers were embossed on other credit cards. The defendant also placed his name and the other co-defendants’ names on the cards.  They used the cards to purchase gift cards at major retailers in Indiana and Illinois.  The gift cards were subsequently used to purchase items or services.  Shaw was arrested and charged with credit card fraud and released on bond.  While on bond, Shaw purchased 61 additional stolen credit card numbers in August 2014.  He continued to make purchases with the stolen numbers in Michigan and Indiana.  He was arrested a second time, and his bond was revoked.   

This case was the result of an investigation by the United States Secret Service. This case was handled by Assistant United States Attorney Gary T. Bell. 

# # #

HAMMOND- United States Attorney David A. Capp announced today that a federal grand jury in Hammond returned a two-count indictment charging a Jerald W. Markward, 62, of Saint John, Indiana with one count of theft of federal money and one count of social security fraud for allegedly applying for and receiving Social Security Disability Insurance Benefits (“SSDIB”) payments despite not being eligible to receive those payments.

The indictment alleges that from about June 2011 to about May 2015, Markward stole $107,291 in SSDIB payments which he was not eligible to receive because he was simultaneously performing outside work in heating, cooling, and refrigeration, and failing to report that additional income as he was required to do.

The case is being investigated by the Social Security Administration and prosecuted by Assistant U.S. Attorney Maria N. Lerner.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

# # #

HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Mark D. Speer, 45, of Lafayette, Indiana, was sentenced before District Court Judge Joseph S. Van Bokkelen for possession of child pornography. 

Speer was sentenced to 235 months’ imprisonment and 3 years of supervised release. 

In September 2013, while helping babysit a child near Lafayette, Indiana, Speer persuaded a three year old to remove her clothes.  He then used his cell phone to visually record the child while making sexually explicit remarks.  Speer also used his email account and cell phone to download more than 100 child pornography photos from the Internet. 

This case was the result of an investigation by the Federal Bureau of Investigation. This case was handled by Assistant United States Attorney Gary T. Bell. 

# # #

HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Assistant United States Attorney Wayne Ault and Senior Civil Investigator Paul Drapac were recognized by the National Park Service, Indiana Dunes National Lakeshore for their outstanding work in a civil case to recover damages to park property.

According to Park Superintendent Paul Labovitz; “On March 10, 2012, an Indiana Harbor Belt train passing through the western portions of Indiana Dunes National Lakeshore started a series of wildfires.  As the fires raced through the park, they injured or destroyed a variety of park resources, including habitat for the Karner Blue Butterfly, a federally endangered species.  These dangerous fires not only devastated natural and man-made resources, but they also jeopardized the safety of park visitors and local residents.  At one point during the emergency, fires threatened several homes resulting in the partial evacuation of the Town of Ogden Dunes.” 

According to documents in the case, on February 1, 2016 the Indiana Harbor Belt Railroad Company entered a stipulation and agreed judgment for the damages caused to the Indiana Dunes National Lakeshore.  After the Court entered judgment, the company paid $72,500 for the damage it caused to the Indiana Dunes National Lakeshore. 

This case was the result of an investigation by the National Park Service. This case was handled by Assistant United States Attorney Wayne Ault and Senior Civil Investigator Paul Drapac. 

# # #

HAMMOND- United States Attorney David A. Capp announced today that a criminal complaint was filed against Nicholas Baez, a/k/a “Cali”, 22, of Hammond, Indiana for causing the death of another through the use of a firearm in connection with a narcotics conspiracy. 

According to documents filed in the case, Baez is an alleged to be a member of the Latin Kings who fired 5 rounds into Estrella’s bar, killing one of the patrons.  It is alleged that the shooting occurred in response to rival gang members previously being seen in the bar and to prevent rival gangs from encroaching on Latin Kings territory.

This complaint is part of the ongoing efforts to curb the activities of violent street gangs in the Northern District of Indiana. 

This case is the result of the investigative efforts of the Federal Bureau of Investigation’s Gang Response Investigative Team, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the East Chicago Police Department, the Hammond Police Department, the Lake County, Indiana, Sheriff’s Department, and Lake County High Intensity Drug Trafficking Area officers and agents.  The case is being prosecuted by Assistant United States Attorneys David Nozick and Dean Lanter.

The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

# # #

FORT WAYNE – The United States Attorney for the Northern District of Indiana, David Capp, announces that on April 21, 2016, Daniel E. Lurye, 39, of Phoenix, AZ was sentenced to 140 months imprisonment and 5 years supervised release following his plea of guilty to distribution of methamphetamine.  

According to documents filed in the case, on or about April 4, 2014, Lurye knowingly and intentionally distributed more than 50 grams of methamphetamine. 

This investigation was conducted by the United States Drug Enforcement Administration and United States Postal Inspection Service along with the assistance of the Indiana State Police, LaGrange County Sheriff’s Department and Kendallville Police Department.  This case was prosecuted by Assistant United States Attorney Lovita Morris-King.

# # #

HAMMOND- United States Attorney David Capp announced today that an Indictment was filed charging James Hunley, 50, with four counts of Hobbs Act Robbery.

On the dates below, Hunley allegedly entered and robbed the following locations in the Northern District of Indiana:

• March 7, 2016-Dollar General, 21 N. Main Street, Crown Point, Indiana

• March 11, 2016- Dollar General, 2015 N. Michigan Street, Plymouth, Indiana

• March 13, 2016- Dollar General, 611 E. Talmer Avenue, North Judson, Indiana

• March 14, 2016- Walgreens, 13242 Wicker Avenue, Cedar Lake, Indiana  

United States Attorney Capp said, “these violent acts will not be tolerated in our community.  As stated at the last press conference, my Office and our state, local and federal law enforcement partners will continue to utilize all of our resources to apprehend and prosecute these perpetrators.”

Hunley was taken into custody on March 17, 2016 east of Tulsa, Oklahoma, pursuant to federal criminal complaint warrant.  Hunley is in the custody of the United States Marshal’s Service and is being transported back to the Northern District of Indiana.  The United States Attorney’s Office will seek pre-trial detention.

This case was investigated by the Federal Bureau of Investigation with assistance from the Lake, Marshall and Starke County Prosecutors’ Offices and the Cedar Lake, Crown Point, North Judson and Plymouth Police Departments.  The case is being prosecuted by Assistant United States Attorney Jennifer Chang.

Anyone with any knowledge of James Hunley or his associates is urged to call the FBI at 219-769-3719 or 317-595-4000.  All phone calls will be treated confidentially.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

# # #

WASHINGTON – The Justice Department announced that the corporate owner and agent of Gentle Manor Estates have agreed to pay $130,000 to settle a Justice Department lawsuit alleging familial status discrimination.  The settlement must still be approved by the U.S. District Court for the Northern District of Indiana.

The lawsuit, filed in May 2015, alleged that Gentle Manor Estates LLC and John Townsend violated the Fair Housing Act by maintaining and enforcing a discriminatory policy of refusing to allow families with children to live at Gentle Manor Estates, a 173-lot mobile home park in Crown Point, Indiana.  The allegations were based on evidence generated by the department’s Fair Housing Testing Program, in which individuals pose as renters to gather information about possible discriminatory practices.

“The Fair Housing Act guarantees families with children the right to choose a home without facing unlawful barriers of discrimination,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “The Justice Department will continue its vigorous enforcement of the Fair Housing Act to ensure that equal access to housing – a bedrock of the American dream – remains a reality for all families in our country.”

Under the terms of the proposed settlement, the defendants must pay $100,000 into a settlement fund to compensate victims of discrimination and an additional $30,000 to the government as a civil penalty.  In addition, the proposed settlement requires the defendants to implement a nondiscrimination policy, establish new nondiscriminatory application and rental procedures and undergo training on the Fair Housing Act.  Anyone who believes that they have been discriminated against by Gentle Manor Estates because they have children should call the Justice Department at 1-800-896-7743, mailbox number 9994 or email the department at fairhousing@usdoj.gov.

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.  More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt/.   

# # #

16-338

HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that, on March 10, 2016, William D. Cantrell, Jr, 61, of Valparaiso, Indiana, was sentenced before District Court Judge Joseph S. Van Bokkelen for mail fraud. 

Cantrell was sentenced to 84 months imprisonment, 5 years of supervised release and ordered to pay 1,226,989.04 in restitution. 

According to documents filed in the case, Cantrell operated an investment firm and stole the retirement funds of 9 individual investors totaling more than 1.2 million dollars.  One of the victims, who lost over $800,000.00, the total amount of her retirement money, contacted law enforcement after attempts to retrieve some of her savings.  The attempts to retrieve money were met with fraudulent excuses, empty payment envelopes and ultimately an admission of theft by the defendant.

Several days after law enforcement contacted the defendant regarding the allegations of his thefts, he flew from Indiana to the State of California and was arrested while attempting to break into one of the victim’s home at 3:00 a.m.  He was armed with a knife and has been held in custody since his arrest in California. 

This case was the result of an investigation by the Federal Bureau of Investigation. This case was handled by Assistant United States Attorney Randall M. Stewart. 

# # #

HAMMOND- United States Attorney David Capp announced today that an Indictment was filed charging Eric M. Dillon, 27, of Gary, Indiana with one count of Hobbs Act Robbery, one count of using a firearm during a crime of violence and one count of causing death during a crime of violence.

On January 20, 2016, at approximately 4:30 am, Dillon allegedly entered the 7-Eleven store at 6031 Hohman Avenue, Hammond, Indiana. Dillon entered the store with a handgun, demanded money, and shot and killed the clerk.

United States Attorney Capp said, “this tragic act of violence will not be tolerated in our community.  My office and federal law enforcement will continue to utilize all of our resources to work with our state and local partners to apprehend and prosecute these perpetrators.”

This case was investigated by the Hammond Police Department and the Federal Bureau of Investigation with assistance from the Lake County Prosecutor’s Office.  The case is being prosecuted by Assistant United States Attorneys Thomas M. McGrath and Jennifer Chang.

Anyone with any knowledge of Eric Dillon or his associates is urged to call the FBI at 219-769-3719 or 317-595-4000.  All phone calls will be treated confidentially.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

# # #

HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Anthony Bitterling, 42, of Winamac, Indiana, was sentenced before District Court Judge Joseph S. Van Bokkelen for conspiracy to commit healthcare fraud. 

Bitterling was sentenced to 24 months’ imprisonment, 400 hours of community service, 2 years of supervised release and ordered to pay $1,062,181 in restitution. 

According to documents filed in the case, Bitterling along with co-defendants’ Kahley Vergon-Mayotte, 29, of Reynolds and Roy Dunn, 62, of Monticello, Indiana ran an ambulance company that fraudulently billed Medicare for transportation of Medicare recipients to dialysis appointments.  The defendants’ fraud resulted Medicare paying out over one million dollars for medically unnecessary ambulance transportation. 

Dunn was sentenced on January 8, 2016 to 30 months’ imprisonment, 2 years supervised release and ordered to pay $1,062, 181 in restitution. 

Vergon-Mayotte is scheduled to be sentenced on March 17, 2016.

This case was the result of an investigation by the Federal Bureau of Investigation, Indiana State Attorney General Medicaid Fraud Control Unit and the United States Department of Health and Human Services, Office of Inspector General. This case was handled by Assistant United States Attorney Diane L. Berkowitz. 

# # #

Samuel L. Bradbury Sentenced

HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced today that Samuel L. Bradbury, 23, of Pine Village, Indiana, was sentenced before Chief District Court Judge Philip P. Simon to 41 months incarceration, 2 years of supervised release and ordered to pay $7098.58 in restitution. 

Bradbury was convicted on July 2, 2015, after a weeklong jury trial, of maliciously conveying false information. 

According to the evidence presented at trial, on June 19, 2014, Bradbury posted threats on social media to kill two specific law enforcement officials and two specific judges in Tippecanoe County.  He also threatened to damage the Tippecanoe County Courthouse along with police vehicles using thermite, an incendiary substance.  On June 21, 2014, law enforcement executed search warrants on the house where Bradbury lived, locating the social media posting along with other relevant evidence to include materials to make thermite. 

This case was the result of an investigation by the Federal Bureau of Investigation with the assistance of Tippecanoe County Law Enforcement Agencies. This trial was handled by Assistant United States Attorneys Jill Koster and Abizer Zanzi.

# # #

A former chief deputy auditor for LaPorte County, Indiana, was sentenced today to 84 months in prison for embezzling over $150,000 from the LaPorte County government, tax fraud and defrauding her father-in-law out of more than $600,000, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David A. Capp of the Northern District of Indiana.

Mary Ray, 68, of LaPorte, was also ordered to forfeit $137,249.59 and pay $801,315.66 in restitution as part of her sentence, which was imposed by U.S. District Judge Jon E. Deguilio of the Northern District of Indiana.  On Sept. 17, 2015, Ray was convicted of two counts of theft of government monies, two counts of making false statements on a tax return and seven counts of wire fraud. 

According to evidence presented at trial, from September 2011 through December 2012, while she served as chief deputy auditor for LaPorte County, Ray embezzled more than $150,000 from county coffers and underreported her income on her U.S. Individual Tax Returns by failing to report the embezzled funds.  Evidence at trial also showed that Ray defrauded her father-in-law, an 86-year-old disabled veteran, out of more than $600,000 in funds that he entrusted her to oversee.  The evidence also demonstrated that Ray used the illegally-obtained funds to gamble at casinos. 

The FBI and Internal Revenue Service-Criminal Investigation investigated the case with assistance from the Indiana State Police, the LaPorte County Sheriff’s Department and the Indiana State Board of Accounts.  Trial Attorney Peter Halpern of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Donald J. Schmid of the Northern District of Indiana prosecuted the case.

WASHINGTON – A former chief deputy auditor for LaPorte County, Indiana, was sentenced today to 84 months in prison for embezzling over $150,000 from the LaPorte County government, tax fraud and defrauding her father-in-law out of more than $600,000, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David A. Capp of the Northern District of Indiana.

Mary Ray, 68, of LaPorte, was also ordered to forfeit $137,249.59 and pay $801,315.66 in restitution as part of her sentence, which was imposed by U.S. District Judge Jon E. Deguilio of the Northern District of Indiana.  On Sept. 17, 2015, Ray was convicted of two counts of theft of government monies, two counts of making false statements on a tax return and seven counts of wire fraud. 

According to evidence presented at trial, from September 2011 through December 2012, while she served as chief deputy auditor for LaPorte County, Ray embezzled more than $150,000 from county coffers and underreported her income on her U.S. Individual Tax Returns by failing to report the embezzled funds.  Evidence at trial also showed that Ray defrauded her father-in-law, an 86-year-old disabled veteran, out of more than $600,000 in funds that he entrusted her to oversee.  The evidence also demonstrated that Ray used the illegally-obtained funds to gamble at casinos. 

The FBI and Internal Revenue Service-Criminal Investigation investigated the case with assistance from the Indiana State Police, the LaPorte County Sheriff’s Department and the Indiana State Board of Accounts.  Trial Attorney Peter Halpern of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Donald J. Schmid of the Northern District of Indiana prosecuted the case.

# # #

16-244

HAMMOND- United States Attorney David A. Capp announced today that an Indictment was filed charging Mark Warne, 46, of Brook, Indiana with ten counts of Bank Fraud and four counts of Identity Theft.

According to the Indictment, Warne, a former President of Community State Bank, allegedly devised a scheme to defraud the bank.  Warne allegedly caused Community State Bank to issue over six million dollars in fraudulent loans.  Warne is alleged to have obtained the loans using the identities of four known individuals, three of whom were related to Warne and none of whom received any of the proceeds of the loans.

The Indictment further alleges that Warne concealed the loans from bank board members by creating two sets of minutes for the meetings of the board of directors, one for the bank’s board of directors to read and approve and second for the Federal Deposit Insurance Corporation (FDIC) examiners to review.  While the minutes shown to the FDIC examiners made it appear as if the bank’s board of directors was aware of the loans, the actual board minutes made no mention of the loans. Warne served as President of Community State Bank from on or about September of 2010 to September of 2015.  Warne’s employment with Community State Bank ended after his scheme to defraud the bank was uncovered.

This case was investigated by the Federal Bureau of Investigation and the Federal Deposit Insurance Corporation, Office of Inspector General.  The case is being prosecuted by Assistant United States Attorneys Joshua P. Kolar and Abizer Zanzi.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

# # #

SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Orathay Sims, 31, of Logansport, Indiana was sentenced on February 11, 2016, before Judge Jon E. DeGuilio, for distribution of methamphetamine.

Sims was sentenced to 210 months imprisonment and 4 years of supervised release. 

According to documents in the case, on June 2015 Sims entered a plea of guilty for distribution of methamphetamine weighing in excess of 50 grams in Cass County Indiana.

This case was prosecuted as a result of an investigation by the Drug Enforcement Administration.  This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.

# # #

SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Matthew McCray, 36, of South Bend, Indiana was indicted on February 10, 2016 with 4 counts of producing and 1 count of possession of child pornography.  

According to documents in the case, McCray is accused of using a minor, Jane Doe, to produce child pornography on four occasions from October 25, 2013 to January 28, 2016, and with possession of child pornography on January 28, 2016.  McCray is currently being held without bond. 

This case was prosecuted as a result of an investigation by the Federal Bureau of Investigation and St. Joseph County Sheriff’s Department.  This case will be prosecuted by Assistant United States Attorney John Maciejczyk.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

# # #

HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Minas Litos, 50; Adrian Tartareanu, 45; and Daniela Tartareanu, 44;  all of Saint John, Indiana were sentenced in federal court by Chief Judge Philip Simon today for conspiracy and wire fraud. 

Litos entered a plea of guilty to one count of conspiracy and sixteen counts of wire fraud and was sentenced to 18 months imprisonment.  The Court will determine whether restitution should be imposed at a later date.

Adrian and Daniela Tartareanu were found guilty by a jury of one count of conspiracy and sixteen counts of wire fraud.  Adrian Tartareanu was sentenced to 36 months imprisonment.  His wife  Daniela Tartareanu was sentenced to 21 months imprisonment. 

Minas Litos and Adrian Tartareanu owned Red Brick Investment Properties.  Daniela Tartareanu was the office manager.  They participated in an illegal scheme in which they convinced others to buy homes in Gary, Indiana.  To induce the individuals, the defendants told prospective buyers that they were not required to provide down payment funds, and that the rental income would cover the costs associated with owning rental property.  They concealed from the lenders and title companies that they paid the down payment money on behalf of the buyers.  They also paid kickbacks to the buyers.  The scheme lasted two years and involved 45 fraudulent transactions.    As a result, more than $2.5 million dollars was fraudulently obtained from the lenders with almost all the buyers subsequently defaulting on the loans.  Many of the properties are now vacant or considered a total loss by the lenders.           

This case was the result of an investigation by Federal Bureau of Investigation.  This case was handled by Assistant United States Attorneys Gary T. Bell and Jill Koster.     

# # # 

WASHINGTON – The Justice Department announced today that Theodore Robert, 41, a former police officer with the South Bend, Indiana, Police Department (SBPD), pleaded guilty today in federal court to violating the civil rights of an arrestee.

During his guilty plea before U.S. Magistrate Judge Christopher A. Nuechterlein of the Northern District of Indiana, Robert admitted that, acting under his authority as an SBPD officer, he punched a handcuffed victim in the face, as multiple officers attempted to intervene.  He also admitted that, prior to punching the victim in the face, he forcefully pushed the victim into a wall and pressed his arm against the victim’s head and throat.  Robert’s actions caused the victim to suffer a laceration above the eye.  According to information presented in court, the incident occurred at the St. Joseph County Jail in South Bend and was recorded by the jail’s surveillance cameras.

“When police officers violate the laws they swear to uphold, it threatens the credibility of our criminal justice system,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “The Justice Department will continue to vigorously prosecute and hold accountable those officers who violate the constitutional rights of people in their custody.”

A sentencing hearing has been scheduled for May 19, 2016.  Robert faces a maximum sentence of 10 years in prison.

This case was investigated by the FBI Indianapolis Division’s South Bend Resident Agency.  The case is being prosecuted by Trial Attorneys Stephen Curran and Sanjay Patel of the Civil Rights Division, with the assistance of the U.S. Attorney’s Office of the Northern District of Indiana.

# # #

16-155

HAMMOND- United States Attorney David A. Capp announced today that a criminal complaint was filed against David Victor, 23, of Merrillville, Indiana; Ellisa Salazar , 22, of Griffith and Julian Rebeles, 24, of Hammond, for attempting to provide or possess contraband in prison.

Rebeles who is currently under Federal Indictment for his involvement in the Latin King RICO conspiracy and narcotics conspiracy case charged, United States v. Anton James et al, is alleged to be discussing “silencing” witnesses and cooperating defendants in the case. 

During the course of this investigation, approximately 14 jail phone calls were monitored between Rebeles and his girlfriend, Ellisa Salazar. It is alleged that Rebeles instructed Salazar to purchase a cellular telephone and pay an individual $1000.00 to give it to Rebeles, while he was still incarcerated.  On February 2, 2016, investigators observed Salazar meet an individual in a Merrillville parking lot.  After a transaction, investigators followed the vehicle Salazar met to the Lake County Jail and initiated a traffic stop which identified Lake County Correctional Officer David Victor.  There was money in an envelope with the name “Ellisa” found under the driver’s seat and a cellular telephone found inside Victor’s lunchbox on the passenger seat.   

The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

This case is the result of the investigative efforts of; the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Hammond Police Department, the Lake County Sheriff’s Department and Lake County High Intensity Drug Trafficking Area officers and agents.  The case is being prosecuted by Assistant U.S. Attorneys David J. Nozick.

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SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Antwon Willis, 45, of Richton Park, Illinois and Ericka Simmons, 28, of Lansing, Illinois, were found guilty, after a five-day jury trial, of conspiring to distribute heroin. 

The jury also found that both were responsible for distributing at least 100 grams of heroin.  The defendants will be sentenced in May and are in custody.

This case was prosecuted as a result of an investigation by the Drug Enforcement Administration.  This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.

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HAMMOND- United States Attorney David A. Capp announced today that a criminal complaint was filed against Aleksandar Jokic, 41, of Schererville, Indiana for sex trafficking of a minor.

According to documents filed in the case, it is alleged that Jokic paid a cooperating defendant on numerous occasions to provide women to perform sex acts at his residence, and that three of the females were under the age of 18 at the time.  Jokic met the cooperating defendant when he responded to an online ad for escort services. The United States alleges that, between June and October 2015, Jokic requested and received females under the age of 18 for commercial sex services.    

This case was investigated by the Federal Bureau of Investigation, Homeland Security Investigations and the Lake County Sheriff’s Department.  The case is being prosecuted by Assistant United States Attorney Abizer Zanzi.

The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

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HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Alexis T. Young, 33, of Hammond, Indiana was found guilty of 3 counts of aggravated identity theft Thursday afternoon after a four-day jury trial.

According to documents in the case, in addition to being found guilty at trial to the above charges, on April 10, 2015 Young plead guilty to count 1 of the indictment alleging conspiracy to commit identity theft.  In the conspiracy charge it was alleged that she along with other defendants used personally identifiable information such as names, dates of birth and social security numbers of victims without their knowledge to obtain merchandise through fraudulently acquired credit cards.  According to the indictment, one of her co-defendants was an employee of a medical facility, who disclosed the individually identifiable health information of victims to defendant Alexis Young and others.    

This case is a result of an investigation by the United States Postal Inspection Service.  This case was prosecuted by Assistant United States Attorneys Gary T. Bell and Toi D. Houston.

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