Eastern District of Louisiana

U.S. Attorney Kenneth A. Polite announced that NAPTALI ESCOBAR-ARTURO, age 37, from Honduras, was charged today in a one-count Indictment with illegal reentry into the United States after having been previously deported.

According to the Indictment, ESCOBAR-ARTURO was found by Border Patrol agents in the Eastern District of Louisiana after records showed he had been previously deported from the United States to Honduras on October 13, 2009, September 30, 2010, and June 9, 2014.

If convicted, ESCOBAR-ARTURO faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.

U. S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

U.S. Attorney Polite praised the work of Border Patrol agents in investigating this matter.  Assistant U.S. Attorney Gregory M. Kennedy is in charge of the prosecution.

WASHINGTON – A grand jury today indicted four correctional officers from the St. Bernard Parish Prison in Chalmette, Louisiana, for violating the civil rights of inmate Nimali Henry by deliberately ignoring serious medical needs that led to her death.  The indictment was announced by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana and Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Division.

The indictment charges that Captain Andre Dominick, Corporal Timothy Williams, Deputy Debra Becnel and Deputy Lisa Vaccarella each knew that Henry had serious medical conditions and willfully failed to provide her with necessary medical attention.  As a result of the lack of medical attention, Henry died at the St. Bernard Parish Prison on April 1, 2014.  The indictment also charges each of the defendants with making a false statement to the FBI.

The civil rights charge carries a maximum penalty of life in prison and each false statement charge carries a maximum penalty of five years in prison.  

An indictment is a formal accusation of criminal conduct, not evidence of guilt.  The defendants are presumed innocent unless and until proven guilty.

This case was investigated by the FBI’s New Orleans Division with Special Agent Matthew Russell as the case agent.  The case is being prosecuted jointly by Trial Attorney Christine M. Siscaretti of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Chandra Menon of the Eastern District of Louisiana.

A grand jury today indicted four correctional officers from the St. Bernard Parish Prison in Chalmette, Louisiana, for violating the civil rights of inmate Nimali Henry by deliberately ignoring serious medical needs that led to her death.  The indictment was announced by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana and Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Division.

The indictment charges that Captain Andre Dominick, Corporal Timothy Williams, Deputy Debra Becnel and Deputy Lisa Vaccarella each knew that Henry had serious medical conditions and willfully failed to provide her with necessary medical attention.  As a result of the lack of medical attention, Henry died at the St. Bernard Parish Prison on April 1, 2014.  The indictment also charges each of the defendants with making a false statement to the FBI.

The civil rights charge carries a maximum penalty of life in prison and each false statement charge carries a maximum penalty of five years in prison.  

An indictment is a formal accusation of criminal conduct, not evidence of guilt.  The defendants are presumed innocent unless and until proven guilty.

This case was investigated by the FBI’s New Orleans Division with Special Agent Matthew Russell as the case agent.  The case is being prosecuted jointly by Trial Attorney Christine M. Siscaretti of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Chandra Menon of the Eastern District of Louisiana.

Dominick et al Indictment

U.S. Attorney Kenneth A. Polite announced that JOHN TOKOSH, age 54, of Pennsylvania,  pled guilty today to an indictment charging him with conspiring to smuggle turtles out of the United States, violating the Lacey Act, and using a fictitious name and address in a mailing.

According to court records, from late 2011 to the fall of 2014, TOKOSH and five other named individuals conspired to smuggle turtles from the United States and to have used false labels on packages of turtles being shipped in foreign and interstate commerce.  TOKOSH is also alleged to have violated the Lacey Act, which prohibits trafficking in illegally taken wildlife, and to have used a fictitious name and address in mailings that were sent in furtherance of the scheme. 

TOKOSH admitted that he was part of a group of individuals involved in capturing North American Wood turtles, which are a threatened species, from the wild in Pennsylvania, shipping the turtles by mail though the United States, and then illegally exporting the turtles to Hong Kong.  TOKOSH’s role in the conspiracy was to capture the North American Wood turtles from their native habitat in Pennsylvania, where it is illegal to hunt them, and then to ship them to a middleman in Covington.  TOKOSH also admitted to using the alias “Jay Rockington” in an effort to disguise that he was the source of the turtles.

TOKOSH faces a maximum term of imprisonment of five years, a fine of $250,000, and up to 3 years of supervised release following any term of imprisonment.  U.S. District Judge Ivan L.R. Lemelle set sentencing for February 24, 2016.

U.S. Attorney Polite praised the work of the U.S. Fish and Wildlife Service, Homeland Security Investigations, and the United States Postal Inspection Service in investigating this matter.  Assistant United States Attorney David Haller is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that JOHN TOKOSH, age 54, of Pennsylvania,  pled guilty today to an indictment charging him with conspiring to smuggle turtles out of the United States, violating the Lacey Act, and using a fictitious name and address in a mailing.

According to court records, from late 2011 to the fall of 2014, TOKOSH and five other named individuals conspired to smuggle turtles from the United States and to have used false labels on packages of turtles being shipped in foreign and interstate commerce.  TOKOSH is also alleged to have violated the Lacey Act, which prohibits trafficking in illegally taken wildlife, and to have used a fictitious name and address in mailings that were sent in furtherance of the scheme. 

TOKOSH admitted that he was part of a group of individuals involved in capturing North American Wood turtles, which are a threatened species, from the wild in Pennsylvania, shipping the turtles by mail though the United States, and then illegally exporting the turtles to Hong Kong.  TOKOSH’s role in the conspiracy was to capture the North American Wood turtles from their native habitat in Pennsylvania, where it is illegal to hunt them, and then to ship them to a middleman in Covington.  TOKOSH also admitted to using the alias “Jay Rockington” in an effort to disguise that he was the source of the turtles.

TOKOSH faces a maximum term of imprisonment of five years, a fine of $250,000, and up to 3 years of supervised release following any term of imprisonment.  U.S. District Judge Ivan L.R. Lemelle set sentencing for February 24, 2016.

U.S. Attorney Polite praised the work of the U.S. Fish and Wildlife Service, Homeland Security Investigations, and the United States Postal Inspection Service in investigating this matter.  Assistant United States Attorney David Haller is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that ANGELA MITCHELL, age 40, of Mandeville, pled guilty to Theft of Mail.

According to court records, as a result of a complaint from the Postmaster of the Mandeville Post Office, the Office of Inspector General for the United States Postal Service (“Postal OIG”) initiated an investigation into MITCHELL, an employee of the Postal Service assigned to the Mandeville Post Office.  It was determined that MITCHELL had stolen a credit card from a post office box and used the stolen card on three occasions without authorization, resulting in approximately $460 in fraudulent charges. 

MITCHELL faces a maximum penalty of five years of imprisonment, followed by up to three years of supervised release, and a $250,000 fine.  U.S. District Judge Susie Morgan set sentencing for March 23, 2016.

U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service, Office of Inspector General.  Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba is in charge of the prosecution.

U.S. Attorney Kenneth Polite announced today that WAYLON GIVENS, age 41, of Amite, pled guilty to a two-count Bill of Information charging him with illegal possession of a machine gun and making a false statement to agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”).

According to court documents, in July 2014, ATF conducted an investigation into RH Custom, an internet company based in Sweden.  RH Custom sold selling “Glock Switches,” “Lightning Links,” suppressor builder’s kits (silencers), and other firearms components to customers in the United States.  Some of these parts are designed to convert semi-automatic firearms to fully automatic firearms, in violation of the National Firearms Act.  ATF learned of GIVENS’s purchases by reviewing invoices obtained in relation to the investigation of RH Custom.  As a result of the investigation, ATF learned that between June 2012 through August 2012, GIVENS, a Federal Firearms Licensee, doing business as Givens Firearms, ordered and received seven Lightning Links and four Glock Switches. 

On July 11, 2014, ATF interviewed GIVENS and informed him of the nature of the investigation and that agents were aware of his purchases from RH Custom.  Agents advised GIVENS that the purpose of ATF’s investigation was to retrieve the parts that he received from RH Custom.  GIVENS told ATF that he sold multiple “Glock full-auto conversion kits” and “Lightening Links” to an unknown individual, but that he did not know the location of the parts.  After further investigation, it was determined that GIVENS had sold the illegal parts to known individuals whom he knew were in possession of the parts at the time of the ATF interview.       

As part of GIVENS’s plea, he agreed to surrender his federal firearms license.  GIVENS faces a possible maximum sentence of ten years imprisonment, and/or a fine of $250,000 and up to three years of supervised release.  U.S. District Judge Susie Morgan set sentencing for March 9, 2016.

U.S. Attorney Polite praised the work of the ATF New Orleans Division Office in investigating this matter.  Assistant United States Attorney Nolan D. Paige is in charge of the prosecution.

 

The United States Attorney’s Office for the Eastern District of Louisiana announced that ENERGY RESOURCE TECHNOLOGY GOM, LLC (ERT), was charged with two felony counts of violating the Outer Continental Shelf Lands Act and two felony counts of violating the Clean Water Act related to conduct on its offshore oil production facilities in the Gulf of Mexico.  

According to the Bill of Information, on or about November 26, 2012, ERT knowingly and willfully failed to comply with the regulations for hot work on its offshore production platform known as Ship Shoal 225. Specifically, it is alleged that ERT violated Title 30, Code of Federal Regulation, Section 250.113(c)(4), which mandates that welding and associated activities, also known as hot work, on offshore facilities may not take place within 10 feet of a well bay unless production in that area is shut-in.

On or about November 27, 2012, on Ship Shoal 225, ERT is further alleged to have knowingly and willfully failed to comply with the regulations for blowout preventer testing. A blowout preventer system is designed to ensure well control and prevent potential release of oil and gas and possible loss of well control.  

ERT is also alleged to have violated the Clean Water Act by tampering with the method of collecting the monthly overboard produced water discharge samples to be tested for oil and grease content pursuant to its NPDES permit. As required by its NPDES Permit, ERT is prohibited from introducing into the Gulf of Mexico produced water in which the oil and grease content exceed a monthly average of 29 mg/l.  Produced water is that which is brought up from the hydrocarbon-bearing strata during the extraction of oil and gas, and can include formation water, injection water, oil and any chemicals  added  downhole  or  during  the oil/water separation process.  ERT collects and submits monthly samples of its produced water to a laboratory for testing to determine whether the quantity of oil and grease contained in the produced water exceeds a monthly average of 29 mg/l, as required by its NPDES Permit. 

The Bill of Information filed today alleges that beginning at a time unknown, but continuing to on or about March 2014, ERT tampered with the monitoring methods for the collection of the overboard water samples on nine of its offshore facilities in violation of Title 33, United States Code, Section 1319(c)(4).   Most recently, on or about June 9, 2015, ERT is alleged to have knowingly discharged and caused a discharge of a pollutant from a point source into the Gulf of Mexico without a permit in violation of Title 33, United States Code, Section 1319(c)(2)(A).

If convicted, ERT faces a maximum term of probation of 5 years per count and/or a maximum fine of $500,000 per count or twice the gross gain or twice the gross loss to any person pursuant to statute.  

The case was investigated by the Department of Interior-Office of Inspector General (Energy Investigations Unit) with assistance from the Investigations and Review Unit, Bureau of Safety and Environmental Enforcement and the Environmental Protection Agency-Criminal Investigation Division.  The case was prosecuted by Assistant United States Attorney Emily K. Greenfield of the United States Attorney’s Office’s National Security Unit.

U.S. Attorney Kenneth A. Polite announced that JOE LEE MILLER, age 30, and QUINCY LEE JYNES, age 28, both of New Orleans, pled guilty yesterday in separate Bills of Information before U.S. District Judge Carl J. Barbier.  MILLER pled guilty to a seven-count Second Superseding Bill of Information. JYNES pled guilty to a seven-count Fourth Superseding Bill of Information to various robberies, weapons offenses, obstruction of justice, as well as murder.  Both face potential life sentences.

According to court documents, MILLER and JYNES participated in home invasion robberies of drug dealers, murder and attempted murder in an effort to make money and/or obtain illegal drugs for later retail sale.  They also conspired to use, possess and discharge firearms to further their drug trafficking activity, retaliate against rival gang members, and rob and kill other drug dealers for drugs and drug proceeds.

SECOND SUPERSEDING BILL OF INFORMATION AGAINST JOE LEE MILLER

 

COUNT

CHARGE

MAXIMUM

PENALTIES

1

18 U.S.C. 924(o); Conspiracy to Use Firearms in Furtherance of Drug Trafficking Crimes and Crimes of Violence

20 Years, $250,000 Fine, 3 Years Supervised Release.

2

18 U.S.C. 1951(b)(3); Conspiracy to Commit Hobbs Act Robbery

20 Years, $250,000 Fine, 3 Years Supervised Release.

3

18 U.S.C. 924(j)(1) and 2; Murder of Oscar Johnson Through Use of a Firearm

Life Imprisonment, $250,000 Fine, 5 Years Supervised Release.

4

18 U.S.C. 924(c)(1)(A)(iii) and 2; Discharge of a Firearm in Furtherance of a Drug Trafficking Crime

10 Years to Life, $250,000 Fine, 5 Years Supervised Release.  (Sentence must run consecutive to any other sentence imposed.)

5

18 U.S.C. 1951 and 2; Hobbs Act Robbery

20 Years, $250,000 Fine, 3 Years Supervised Release.

6

18 U.S.C. 1512(c)(2); Obstruction of Justice

20 Years, $250,000 Fine, 3 Years Supervised Release.

7

18 U.S.C. 1951 and 2; Hobbs Act Robbery

20 Years, $250,000 Fine, 3 Years Supervised Release.

Note:  Sentences for Counts 2, 3, 5, 6 and 7 could run consecutive to each other and any other sentence he may be serving.

FOURTH SUPERSEDING BILL OF INFORMATION AGAINST QUINCY LEE JYNES

COUNT

CHARGE

MAXIMUM

PENALTIES

1

18 U.S.C. 924(o); Conspiracy to Use Firearms in Furtherance of Drug Trafficking Crimes and Crimes of Violence

20 Years, $250,000 Fine, 3 Years Supervised Release.

2

18 U.S.C. 1951(b)(3); Conspiracy to Commit Hobbs Act Robbery

20 Years, $250,000 Fine, 3 Years Supervised Release.

3

18 U.S.C. 924(j)(1) and 2; Murder of Oscar Johnson Through Use of a Firearm

Life Imprisonment, $250,000 Fine, 5 Years Supervised Release.

4

18 U.S.C. 1951 and 2; Hobbs Act Robbery

20 Years, $250,000 Fine, 3 Years Supervised Release.

5

18 U.S.C. 1512(c)(2); Obstruction of Justice

20 Years, $250,000 Fine, 3 Years Supervised Release.

6

18 U.S.C. 1951 and 2; Hobbs Act Robbery

20 Years, $250,000 Fine, 3 Years Supervised Release.

7

18 U.S.C. 924(c)(1)(A)(iii) and 2; Discharge of a Firearm in Furtherance of a Drug Trafficking Crime

10 Years to Life, $250,000 Fine, 5 Years Supervised Release.  (Sentence must run consecutive to any other sentence imposed.)

Note:  Sentences for Counts 2, 3, 4, 5 and 6 could run consecutive to each other and any other sentence he may be serving.  Sentencing is scheduled for February 18, 2016.

U.S. Attorney Polite praised the work of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the New Orleans Police Department led Multi-Agency Gang Unit in investigating this matter

Assistant United States Attorneys Michael M. Simpson and Michael E. McMahon are in charge of the prosecution. 

WASHINGTON – Black Elk Energy Offshore Operations LLC, Grand Isle Shipyards Inc., Wood Group PSN Inc., as well as Don Moss, 46, of Groves, Texas, Curtis Dantin, 50, of Cut-Off, Louisiana, and Christopher Srubar, 40, of Destrehan, Louisiana, have been charged with crimes for a November 2012 explosion on an oil production platform that resulted in the death of three workers, the injury of others and an oil spill, announced the Department of Justice’s Environment and Natural Resources Division and the U.S. Attorney’s Office for the Eastern District of Louisiana.

According to the indictment, the defendants were involved in different capacities while construction work was being done of the West Delta 32 platform when it exploded.  Black Elk Energy Offshore Operations LLC and Grand Isle Shipyards Inc. are charged with three counts of involuntary manslaughter, eight counts of failing to follow proper safety practices under the Outer Continental Shelf Lands Act (OCSLA) and one count of violating the Clean Water Act.  Wood Group PSN Inc., Moss, Dantin and Srubar are charged with felony violations of OCSLA and the Clean Water Act.

“Workers lives can depend on their employer’s faithfulness to the law, not least of all those working in oil and gas production where safety must be a paramount concern,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and natural Resources Division.  “The Justice Department is committed to enforcing the nation’s bedrock environmental laws that protect the environment, and the health and safety of all Americans.”  

 “The energy sector represents a vital industry in this region, but its work must be performed responsibly,” stated U.S. Attorney Kenneth Polite for the Eastern District of Louisiana.  “Today’s indictment underscores that we will hold accountable all parties – both businesses and individuals – whose criminality jeopardizes our environment or risks the loss of life.”

“Developing domestic sources of energy must be done responsibly and safely,” said Assistant Special Agent in Charge Dan Pflaster of EPA’s Criminal Enforcement Program in Louisiana.  “EPA will continue to work with its law enforcement partners to hold companies fully accountable for illegal conduct and to assure compliance with laws that protect the public and the delicate Gulf Coast ecosystem from harm.”

The Outer Continental Shelf Lands Act and federal regulations govern welding and activities that generate heat or sparks, known as “hot work,” on oil production platforms in U.S. waters.  Because this work can be hazardous and cause explosions, regulations mandate specific precautions that must be taken before the work can commence.  For instance, before hot work can be performed, pipes and tanks that had contained hydrocarbons must be isolated from the work or purged of hydrocarbons.  Gas detectors and devices used to prevent gas from travelling through pipes must be used.  According to the Indictment, these safety precautions were not followed and an explosion causing the deaths of three men and a spill resulted

An indictment is only an allegation of wrongdoing and the defendants are presumed innocent unless proven guilty at trial.

The case was investigated by the U.S. Department of Interior Office of Inspector General and EPA’s Criminal Investigations Division.  The case is being prosecuted by Emily Greenfield of the U.S. Attorney’s Office for the Eastern District of Louisiana and by Kenneth E. Nelson of the Environmental Crimes Section of the Department of Justice.

U.S. Attorney Kenneth A. Polite announced that TYONE BURTON, a/k/a “Peanut,” age 22, and NYSON JONES, a/k/a “Nycie,” age 31, both of New Orleans, were sentenced yesterday after having previously pled guilty to federal firearm and drug violations.  

U.S. District Judge Susie Morgan sentenced BURTON and JONES to 121 months and 87 months, respectively.  Additionally, both defendants will serve four years of supervised release following imprisonment.

BURTON and JONES were two of twelve defendants charged with conspiring to distribute cocaine base in the St. Roch neighborhood.  In addition, all twelve defendants were charged with conspiring to possess firearms in furtherance of their drug trafficking crimes.  Three defendants were also charged with conspiring to violate the Racketeer Influenced Corrupt Organization Act, as well as substantive acts of violence.

To date, eight defendants charged in this case have pled guilty to various charges.  Co-defendant ANDREALIE LEWIS was previously sentenced to 48 months incarceration; ERVIN SPOONER was previously sentenced to 108 months of incarceration; TRE CLEMENTS was  previously sentenced to 96 months; and ROMALIS PARKER was previously sentenced to 70 months.  The following co-defendants are currently pending several sentencing hearings over the next three months: MORRIS SUMMERS, age 25, TYRONE BURTON, a/k/a “Man Man,” age 21; and PERRY WILSON, a/k/a “Yummy,” age 24.  Three defendants were convicted following trial and are waiting sentencing as well: DELOYD JONES, a/k/a “Puggy,” age 23; BYRON JONES, a/k/a/ “Big Baby,” age 25; and SIDNEY PATTERSON, a/k/a “Duda Man,” age 24.

According to court documents and evidence presented at trial, the defendants were members and associates of the “Ride or Die” gang, which they also referred to as “R.O.D.”  The Ride or Die gang was initially formed in or about 2007 and continued to exist through in or about 2013.  During the course of the federal investigation into the gang, agents learned that the defendants used a house, located at 1632 Mandeville Street, among other locations, as a base of operations to package, sell, and store narcotics, as well as store firearms.

U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the metro area’s Multi-Agency Gang Unit (MAG) in investigating this matter.  As an integral component of NOLA FOR LIFE’s Group Violence Reduction Strategy, the MAG Unit consists of a partnership with New Orleans Police Department (NOPD); Orleans Parish District Attorney’s Office (DA); Orleans Parish Sheriff’s Office (OPSO); Louisiana State Police (LSP); Parole Board of the Louisiana Department of Corrections; United States Attorney’s Office (USAO); Federal Bureau of Investigation (FBI); Drug Enforcement Administration (DEA); United States Marshal’s Service (USMS); and the United States Probation & Parole Office for the Eastern District of Louisiana.  Assistant United States Attorneys Nolan D. Paige, Marquest Meeks and Special Assistant United States Attorney Brian Ebarb were in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that OMAR RICO-ALMANZA, age 34, a citizen of Mexico, was charged in a one-count Indictment for violations of the Federal Gun Control Act.

According to the Indictment, on or about November 5, 2015, RICO-ALMANZA, an alien present illegally in the United States, was found in possession of a SCCY, Model CPX-2, 9mm semi-automatic pistol. 

If convicted of these charges, RICO-ALMANZA faces a maximum term of imprisonment of ten years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment. 

U.S. Attorney Polite praised the work of the Homeland Security Investigations of the U.S. Department of Homeland Security, in investigating this matter.  Assistant United States Attorney Spiro G. Latsis is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that CARLOS ALBERTO RIVERA-MELENDEZ, age 39 a citizen of Honduras, was sentenced today after previously pleading guilty to a one-count Bill of Information for illegal reentry of removed alien. 

U.S. District Judge Lance M. Africk sentenced RIVERA-MELENDEZ to time served, one year of supervised release, and a $100 special assessment. RIVERA-MELENDEZ will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.

According to court documents, on or about August 10, 2015, RIVERA-MELENDEZ was found in the United States after having been officially deported and removed on or about January 16, 2009.  

U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter.  Assistant United States Attorney Irene González was in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that MIGUEL MENDEZ-GUSMAN, age 36, a citizen of El Salvador, was charged today in a one-count Indictment for false claim to United States citizenship.

According to the Indictment, MENDEZ-GUSMAN falsely and willfully represented himself to be a citizen of the United States on or about July 28, 2015. 

If convicted, MENDEZ-GUSMAN faces a maximum term of imprisonment of two years, a fine of up to $250,000, one year supervised release after imprisonment, and a $100 special assessment.

U. S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt

U.S. Attorney Polite praised the work of the United States Department of Homeland Security Investigations in investigating this matter.  Assistant United States Attorney Irene González is in charge of the prosecution.

 

.  

WASHINGTON – The office manager of a home health company at the center of a $50 million fraud scheme in New Orleans was sentenced to prison today for participating in the scheme.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office, Special Agent in Charge CJ Porter of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Regional Office and the Louisiana Attorney General's Medicaid Fraud Control Unit made the announcement.

Joe Ann Murthil, 58, of New Orleans, was sentenced by Chief U.S. District Judge Sarah S. Vance of the Eastern District of Louisiana to serve 48 months in prison.  In addition to the prison term, Murthil was ordered to pay $14,147,275 in restitution.

Murthil, Memorial Home Health Inc.’s (Memorial’s) office manager, assisted with the payment of illegal kickbacks to patient recruiters and submitted claims to Medicare falsely stating that patients were homebound and had received services.  From 2007 through 2014, Memorial and the other companies in this scheme submitted more than $56 million in claims to Medicare, the vast majority of which were fraudulent.  Medicare paid approximately $50.7 million on these claims.  

This case was investigated by the FBI, HHS-OIG and the Louisiana Attorney General's Medicaid Fraud Control Unit and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of Louisiana.  This case was prosecuted by Trial Attorneys William Kanellis and Antonio Pozos of the Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,300 defendants who have collectively billed the Medicare program for more than $7 billion.  In addition, HHS’ Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.  

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.justice.gov/criminal-fraud/health-care-fraud-unit.

The office manager of a home health company at the center of a $50 million fraud scheme in New Orleans was sentenced to prison today for participating in the scheme.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office, Special Agent in Charge CJ Porter of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Regional Office and the Louisiana Attorney General's Medicaid Fraud Control Unit made the announcement.

Joe Ann Murthil, 58, of New Orleans, was sentenced by Chief U.S. District Judge Sarah S. Vance of the Eastern District of Louisiana to serve 48 months in prison.  In addition to the prison term, Murthil was ordered to pay $14,147,275 in restitution.

Murthil, Memorial Home Health Inc.’s (Memorial’s) office manager, assisted with the payment of illegal kickbacks to patient recruiters and submitted claims to Medicare falsely stating that patients were homebound and had received services.  From 2007 through 2014, Memorial and the other companies in this scheme submitted more than $56 million in claims to Medicare, the vast majority of which were fraudulent.  Medicare paid approximately $50.7 million on these claims. 

This case was investigated by the FBI, HHS-OIG and the Louisiana Attorney General's Medicaid Fraud Control Unit and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of Louisiana.  This case was prosecuted by Trial Attorneys William Kanellis and Antonio Pozos of the Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,300 defendants who have collectively billed the Medicare program for more than $7 billion.  In addition, HHS’ Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers. 

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.

U.S. Attorney Kenneth A. Polite announced that ORONDE GABRIEL, age 31, of New Orleans, was sentenced today after previously pleading guilty to one count of conspiring to falsify ATF records related to the purchase of a firearm.

U.S. District Judge Sarah S. Vance sentenced GABRIEL to 50 months in prison, to be followed by three years of supervised release and a $100 special assessment.

According to court documents, GABRIEL conspired to assist two other individuals in the purchase of a firearm from Academy Sports in Elmwood on June 9, 2013. GABRIEL was a previously convicted felon and prohibited from buying a firearm.  The individual who purchased the firearm falsified an ATF form regarding the true ownership of the firearm, which is a federal offense.

U.S. Attorney Polite praised the work of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) led the investigation along with assistance from the St. Bernard Sheriff’s Office. Assistant United States Attorney Edward J. Rivera was in charge of the prosecution.

 

WASHINGTON – Two owners of a Metairie, Louisiana, business each pleaded guilty to one count of willfully filing false 2011 income tax returns today, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana.

Rommel Cordova, 35, of Luling, Louisiana, and Saul Ramirez, 43, of Kenner, Louisiana, pleaded guilty before U.S. District Court Judge Mary Ann Vial Lemmon. They were both charged on Nov. 4, in a single Bill of Information with willfully filing false 2011 individual income tax returns.  According to court documents, Cordova and Ramirez owned and operated Skill Labor Provider Inc. a Metairie labor services business.  Cordova and Ramirez each owned 50 percent of the business and shared equally in its net income.

As part of their guilty pleas, Cordova and Ramirez admitted that during calendar years 2010 and 2011, they cashed and caused to be cashed, checks made payable to Skill Labor Provider Inc. and other business checks at a check cashing business in Kenner. Cordova and Ramirez caused false corporate income tax returns for Skill Labor Provider Inc. for the years 2010, 2011 and 2012 to be prepared that did not accurately report the gross receipts, labor expenses deductions, or net income of the business.  During this period, the corporate tax returns underreported the business’s gross receipts by more than $6 million.  Cordova and Ramirez also separately filed their respective individual income tax returns for tax years 2010, 2011 and 2012, on which they failed to accurately report the amounts of business income they received from Skill Labor Provider Inc.

At sentencing, each defendant faces a statutory maximum sentence of three years in prison, one year of supervised release, a fine of $250,000, or twice the gross gain or loss caused by the offense, a $100 special assessment and restitution to the Internal Revenue Service (IRS).

Acting Assistant Attorney General Ciraolo and U. S. Attorney Polite commended special agents of the IRS—Criminal Investigations and Homeland Security Investigations, who investigated the case and Assistant U.S. Attorney Hayden Brockett and Tax Division Trial Attorney Michael P. Hatzimichalis, who are prosecuting the case.

U.S. Attorney Kenneth A. Polite announced that STEVEN GAETA, age 41, of Kenner, was sentenced today for crimes involving the possession of child pornography.

According to court records, on November 25, 2014, special agents with the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”) executed a federal search warrant at GAETA’s Kenner home.  HSI agents determined Gaeta used Peer to Peer file sharing programs to possess approximately 120 videos and 500 images depicting the sexual victimization of children.  GAETA pled guilty to the charge on August 19, 2015. 

U.S. District Judge Kurt D. Engelhardt sentenced GAETA to 78 months incarceration, to be followed by five years of supervised release.  GAETA is also required to register as a sex offender pursuant to the Sex Offender Registration Notification Act. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

U.S. Attorney Polite praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations in investigating this matter.  Project Safe Childhood Coordinator and Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba was in charge of the prosecution.

 

U.S. Attorney Kenneth A. Polite announced that GLEN HOUSTON, age 22; SAVANNAH HOUSTON, age 25; JARRIN HARRIS, age 21; DENVER LONDON, age 22; JOESIA WILSON, age 27, and BRITTANY CONNER, age 22, all of the Harvey/Marrero area, pled guilty today to various charges, including conspiring to distribute more than 280 grams of crack cocaine, as well as conspiracy to possess firearms in furtherance of drug trafficking.

According to court documents, all defendants were members and/or associates of the “Harvey Hustlers” gang.  The Harvey Hustlers gang has been under investigation by the Federal Bureau of Investigation (“FBI”) and the Jefferson Parish Sheriff’s Office (“JPSO”) since 2009.   The Harvey Hustlers operated in the Eastern District of Louisiana, primarily on the Westbank of Jefferson Parish, including in the Harvey, Scottsdale, Avondale, and Waggaman areas.  Other members of the Harvey Hustlers have previously been indicted and convicted in the United District Court for the Eastern District of Louisiana in United States v. Melvin Hudson, et al., 10-329, “F,” and United States v. Harry Smoot, et al., 14-168, “I.”

All defendants pled guilty to Count 1 of the Indictment which charges participating in a conspiracy to possess with intent to distribute 280 grams or more of cocaine base (“crack cocaine”), in violation of Title 21, United States Code, Sections 841(b)(1)(A) and 846.  The maximum penalties for this offense are a minimum sentence of 10 years in prison and a maximum of life imprisonment and/or a maximum fine of $10,000,000.  Additionally, defendants GLEN HOUSTON, SAVANNAH HOUSTON, JARRIN HARRIS, DENVER LONDON, and JOESIA WILSON pled guilty to Count 2 of the indictment, participating in a conspiracy to use and carry, and possess firearms in furtherance of the drug conspiracy, in violation of Title 18, United States Code, Section 924(o).  The maximum penalties for this offense are 20 years in prison and/or a maximum fine of $250,000.  All defendants are also subject to serve a term of supervised release upon completion of their sentences.

U.S. District Judge Jane Triche Milazzo set sentencing for all six defendants on February 18, 2015.

This case was prosecuted by Assistant United States Attorney Myles Ranier and is the product of an ongoing investigation into the violent acts in furtherance of the drug trafficking by the Harvey Hustler gang and its various offshoots on the West Bank of Jefferson Parish.  It represents the continued coordinated effort of the federal and state law enforcement authorities within the Multi-Agency Gang Unit (“MAG”), including the United States Attorney’s Office, the Jefferson Parish District Attorney’s Office, Special Agents of the Federal Bureau of Investigation, and officers of the Jefferson Parish Sheriff’s Office.

 

U.S. Attorney Kenneth A. Polite announced that JERMAINE REYNOLDS, age 39, of Long Beach, Mississippi; DAVID HUMPHRIES, age 46, of Baltimore, Maryland; and MARLON BARNES, age 39, of New Orleans; were sentenced today for conspiring to distribute one kilogram or more of heroin.  REYNOLDS had also pled guilty to one count of conspiring to launder money.

U.S. District Judge Carl J. Barbier sentenced REYNOLDS to a term of imprisonment of 120 months, with 12 months to run consecutive to another federal sentence that REYNOLDS is serving.  HUMPRHIES was sentenced to 60 months imprisonment, and BARNES to 140 months imprisonment.  Judge Barbier also sentenced each defendant to a 5-year term of supervised release following imprisonment and a special assessment of $100 per count of conviction.

According to court documents, a series of court-authorized wiretaps on the cell phones of New Orleans area heroin dealers led Drug Enforcement Administration agents to identify co-defendant Fredrick Douglas Brooks III as a Houston-based heroin trafficker who was distributing kilogram quantities of heroin in the New Orleans area.  Brooks delivered heroin to the New Orleans market by using REYNOLDS and HUMPHRIES as his drug and bulk cash couriers.  BARNES was one of the drug dealers who purchased wholesale quantities of heroin from Brooks’ network for distribution in New Orleans.

U.S. Attorney Polite praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Michael B. Redmann is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that JERMAINE REYNOLDS, age 39, of Long Beach, Mississippi; DAVID HUMPHRIES, age 46, of Baltimore, Maryland; and MARLON BARNES, age 39, of New Orleans; were sentenced today for conspiring to distribute one kilogram or more of heroin.  REYNOLDS had also pled guilty to one count of conspiring to launder money.

U.S. District Judge Carl J. Barbier sentenced REYNOLDS to a term of imprisonment of 120 months, with 12 months to run consecutive to another federal sentence that REYNOLDS is serving.  HUMPRHIES was sentenced to 60 months imprisonment, and BARNES to 140 months imprisonment.  Judge Barbier also sentenced each defendant to a 5-year term of supervised release following imprisonment and a special assessment of $100 per count of conviction.

According to court documents, a series of court-authorized wiretaps on the cell phones of New Orleans area heroin dealers led Drug Enforcement Administration agents to identify co-defendant Fredrick Douglas Brooks III as a Houston-based heroin trafficker who was distributing kilogram quantities of heroin in the New Orleans area.  Brooks delivered heroin to the New Orleans market by using REYNOLDS and HUMPHRIES as his drug and bulk cash couriers.  BARNES was one of the drug dealers who purchased wholesale quantities of heroin from Brooks’ network for distribution in New Orleans.

U.S. Attorney Polite praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Michael B. Redmann is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that ERVIN SPOONER, a/k/a “Nerky,” age 27; TRE CLEMENTS, age 24; and ROMALIS PARKER, a/k/a “Ro Ro,” age 22, all residents of New Orleans, were sentenced today after having previously pled guilty to federal firearm and drug violations.  U.S. District Judge Susie Morgan sentenced SPOONER to 108 months of incarceration, to be followed by 4 years of supervised release. CLEMENTS was 96 sentenced to months of incarceration, to be followed by 4 years of supervised release.  PARKER was sentenced to 70 months of incarceration, to be followed by 4 years of supervised release.

SPOONER, CLEMENTS, and PARKER were three of twelve defendants charged with conspiring to distribute cocaine base in the St. Roch neighborhood.  In addition, all twelve defendants were charged with conspiring to possess firearms in furtherance of their drug trafficking crimes.  Three defendants were also charged with conspiring to violate the Racketeer Influenced Corrupt Organization Act, as well as substantive acts of violence.

To date, eight defendants charged in this case have pled guilty to various charges.  Co-defendant ANDREALIE LEWIS was previously sentenced to 48 months incarceration.  The following co-defendants are currently pending several sentencing hearings over the next three months: NYSON JONES, a/k/a “Nycie,” age 31, MORRIS SUMMERS, age 25, TYONE BURTON, a/k/a “Peanut,” age 22, TYRONE BURTON, a/k/a “Man Man,” age 21; and PERRY WILSON, a/k/a “Yummy,” age 24.  The following defendants were convicted following trial and are pending sentencing as well: DELOYD JONES, a/k/a “Puggy,” age 23; BYRON JONES, a/k/a/ “Big Baby,” age 25; and SIDNEY PATTERSON, a/k/a “Duda Man,” age 24.

According to court documents and evidence presented at trial, the defendants were members and associates of the “Ride or Die” gang, which they also referred to as “R.O.D.”  The Ride or Die gang was initially formed in or about 2007 and continued to exist through in or about 2013.  During the course of the federal investigation into the gang, agents learned that the defendants used a house, located at 1632 Mandeville Street, among other locations, as a base of operations to package, sell, and store narcotics, as well as store firearms.

U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the metro area’s Multi-Agency Gang Unit (MAG) in investigating this matter.  As an integral component of NOLA FOR LIFE’s Group Violence Reduction Strategy, the MAG Unit consists of a partnership with New Orleans Police Department (NOPD); Orleans Parish District Attorney’s Office (DA); Orleans Parish Sheriff’s Office (OPSO); Louisiana State Police (LSP); Parole Board of the Louisiana Department of Corrections; United States Attorney’s Office (USAO); Federal Bureau of Investigation (FBI); Drug Enforcement Administration (DEA); United States Marshal’s Service (USMS); and the United States Probation & Parole Office for the Eastern District of Louisiana.  Assistant United States Attorneys Nolan D. Paige, Marquest Meeks and Special Assistant United States Attorney Brian Ebarb are in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that JOEQUELL LEWIS, age 28, ANDRE ADDISON, age 24, and TERRENCE KELLEY, age 29, all of the Waggaman/Avondale areas, pled guilty this week to conspiring to distribute heroin and/or crack cocaine.  KELLEY also pleaded guilty to murdering a man to further his group’s drug trafficking activities and admitted to his role in two other shootings where the victims lived.  The three men were the last defendants in a twelve-defendant federal indictment charging drug and gun conspiracies, multiple shootings, and four murders against an off-shoot of the Harvey Hustlers gang.

LEWIS and KELLEY pled guilty to count one of the Superseding Indictment, which charges twelve defendants with trafficking more than a kilogram of heroin and 280 grams or more of crack cocaine.  The charge carries a mandatory minimum sentence of at least ten years up to life in prison.  KELLEY also pled guilty to Count 12, charging him and three others with causing the death of a man through the use of firearms, which is punishable to any term of years up to life in prison.  ADDISON pled guilty to a one-count superseding Bill of Information charging him with conspiring to distribute 28 grams or more of crack cocaine.  U.S. District Judge Lance M. Africk set sentencing for all three defendants on February 18, 2016.

According to court documents, LEWIS, ADDISON, and KELLEY were part of a drug trafficking organization that moved significant quantities of heroin and cocaine base on the West Bank.  Beginning in 2012, the group engage in a series of violent acts, beginning with a drive by shooting into a another vehicle where the driver and his front seat passenger were shot with an AK-47 while two young children, who were not hit, were in the back seat.  The group is alleged to have participated in four additional shootings, two of which ended in death.  KELLEY pleaded guilty to the murder of Emeal Washington and admitted to his participation in two other shootings.  Other defendants had previously pled guilty and admitted their roles in the murder of Doreatha Richardson.  In addition to the shootings and drug conspiracy, members of the group are charged with a weapon conspiracy, in addition to several substantive distribution counts.

HARRY SMOOT, ISAAC SMITH, RICHARD THOMAS, TERRELL WADE, LANCE SINGLETON, FRANKIE HOOKFIN, CLIFFORD SONNIER, and CHRISTOPHER BROWN have previously pled guilty and are awaiting sentencing.  KELLEY, LEWIS, and ADDISON were scheduled for trial on November 16, 2015, and were the last defendants to pled guilty.  Their pleas resolve the pending federal indictment, but several additional members of the Harvey Hustlers are still being prosecuted in Jefferson Parish.

The Superseding Indictment is a product of an ongoing investigation into the violent acts in furtherance of the drug trafficking by the Harvey Hustler gang and its various offshoots on the West Bank.  It represents the continued coordinated effort of the federal and state law enforcement authorities within the Multi-Agency Gang Unit (“MAG”), including the United States Attorney’s Office, the Jefferson Parish District Attorney’s Office, Special Agents of the Federal Bureau of Investigation, and officers of the Jefferson Parish Sheriff’s Office.

Assistant United States Attorneys Greg Kennedy, David Haller, and Myles Ranier and Special Assistant United States Attorney Collin Sims, who is a former Assistant United States Attorney and the Criminal Chief at the St. Tammany Parish District Attorney’s Office, are in charge of the prosecution.

 

U.S. Attorney Polite announced that ELVIRA DUTHU DUPLANTIS, age 50, of Houma, was indicted today for Theft of Mail.

According to the Indictment, as a result of a complaint from the Postmaster of the Houma Post Office regarding missing mail, the United States Postal Service, Office of Inspector General initiated an investigation into DUPLANTIS, who was a letter carrier assigned to the Houma Post Office.  The investigation determined that DUPLANTIS stole approximately 113 gift cards, which included Visa debit cards and gift cards for major retail stores and restaurants, with a total value of over $3,200.

If convicted, DUPLANTIS faces a maximum penalty of five years imprisonment, followed by up to three years of supervised release, and a $250,000 fine.

Max Eamiguel, Special Agent in Charge, Office of Inspector General, U.S. Postal Service, Southern Area Field Office, stated, “Postal employees take great pride in their work for the American public.  This type of criminal behavior is unacceptable and does not reflect the careful efforts of the thousands of professional, dedicated employees in our workforce.  We will continue to vigorously pursue those individuals who violate the public’s trust.”

U.S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

U.S. Attorney Polite praised the work of the U.S. Postal Service, Office of Inspector General. Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that JIMY NAHUN NUÑEZ-IZAGUIRRE, age 31, a citizen of Honduras, pled guilty today to a one-count Bill of Information for illegal reentry of removed alien.

According to the Indictment, on or about October 1, 2015, NUÑEZ-IZAGUIRRE was found in the United States after having been officially deported and removed on or about July 25, 2008.

NUÑEZ-IZAGUIRRE faces a maximum term of imprisonment of two years and a fine of $250,000, one year supervised release after imprisonment, and a $100 special assessment.  U.S. District Judge Lance M. Africk set sentencing for December 12, 2015.

U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter.  Assistant United States Attorney Irene González is in charge of the prosecution

U.S. Attorney Kenneth A. Polite announced that FROILAN IGNACIO MIRANDA-RAMOS, age 30, of Gretna, pled guilty today to four counts of transferring false Social Security cards.

According to court documents, MIRANDA-RAMOS sold counterfeit Social Security cards on four separate occasions to confidential informants working with the Department of Homeland Security.

MIRANDA-RAMOS faces a maximum term of imprisonment of fifteen years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment. U.S. District Judge Sarah S. Vance set sentencing for December 16, 2015.

U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter.  Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.

 

U.S. Attorney Kenneth A. Polite announced that TRACIE MEDUS, age 40, of New Orleans, was sentenced today after having previously pled guilty to theft of government funds.

U.S. District Judge Mary Ann Vial Lemmon sentenced MEDUS to three years probation, including one year of home confinement. Additionally, MEDUS was ordered to make restitution in the amount of $158,700.

MEDUS admitted that she defrauded the federally funded Small Rental Property Program, a Louisiana Road Home program to enable low-income families displaced by Hurricane Katrina to return to Louisiana. The program provided money for landlords to repair units to be rented at specified low rates to approved low-income tenants. Road Home required that tenants be approved for income eligibility and to reside in units prior to landlords receiving funds.

U.S. Attorney Polite praised the work of the Department of Housing and Urban Development - Office of Inspector General and the Federal Bureau of Investigation in investigating this matter and thanked the New Orleans Police Department’s Public Integrity Bureau and the Internal Revenue Service’s Criminal Investigation Division for their assistance. Assistant U.S. Attorney Chandra Menon was in charge of this prosecution.

U.S. Attorney Kenneth A. Polite announced that BRUCE LYDEL, age 59, of Bossier City, was sentenced today after previously pleading guilty to a one-count Bill of Information charging him with  theft of government funds.

U.S. District Judge Carl J. Barbier sentenced LYDEL to five years probation, including six months of home detention.  Additionally, LYDEL was ordered to pay $203,218 in restitution to the Social Security Administration.

According to court documents, LYDEL received Social Security Title II Benefit payments to which he knew he was not entitled.

U.S. Attorney Polite praised the work of the United States Social Security Administration- Office of Inspector General for investigating this matter.  Assistant United States Attorney Loan "Mimi" Nguyen was in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that BRITTEN PARSONS, age 22, of Huntsville, Alabama, was sentenced today after having previously pled guilty to conspiracy to possess and transport stolen firearms in interstate commerce and transportation of stolen firearms in interstate commerce.

U.S. District Judge Jane Triche Milazzo sentenced PARSONS to 37 months of incarceration, to be followed by 3 years of supervised release.

According to court documents, in January and February 2013, PARSONS, BRITTANY BAUER and ALEX BRASINGTON transported nine stolen firearms in interstate commerce, from Alabama to Louisiana.  The investigation revealed that the firearms had been stolen during residence burglaries in Huntsville, Alabama.  On February 14, 2013, agents conducted a search of BAUER’s New Orleans apartment and found five stolen firearms and approximately 1700 rounds of ammunition. Court documents reflect that agents also recovered four stolen firearms and ammunition that PARSONS, BAUER and BRASINGTON sold to individuals in New Orleans.  PARSONS had previously been found in possession of a stolen firearm on January 31, 2013.

PARSONS’ co-defendants have previously been sentenced.  ALEX BRASINGTON was sentenced to 33 months incarceration and BRITTANY BAUER was sentenced to 6 months incarceration.

U.S. Attorney Polite praised the work of the ATF New Orleans Division Office, New Orleans Police Department, Pearl River (LA) Police Department, Pearl River County (MS) Sheriff’s Office, and Huntsville Police Department in investigating this matter.  Assistant United States Attorney Nolan D. Paige was in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that MICHAEL CHAUVIN, age 30, of Houma, was taken into custody today after previously being charged in a one-count Indictment by a federal grand jury with possession of images and videos depicting the sexual exploitation of children under the age of twelve.

If convicted, CHAUVIN faces a maximum term of imprisonment of twenty  years, followed by up to a lifetime of supervised release, and a $250,000 fine per count.  He can also be required to register as a sex offender.

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 United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (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.projectsafechildhood.gov.

United States Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter.  Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that JOSEPH RIVERA, age 33, of New Orleans was taken into custody today after previously being charged in a one-count Indictment by a federal grand jury with receipt of images and videos depicting the sexual exploitation of children.   The Indictment was recently unsealed.

If convicted, RIVERA faces a mandatory minimum of five years imprisonment and a maximum term of imprisonment of twenty years, followed by up to a lifetime of supervised release, and a $250,000 fine per count.  RIVERA can also be required to register as a sex offender.

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 United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (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.projectsafechildhood.gov.

United States Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

U.S. Attorney Polite praised the work of the Federal Bureau of Investigation.  Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.                                 

 

U.S. Attorney Kenneth A. Polite announced that MICHAEL CUTRER, age 39, of New Orleans, was sentenced after previously pleading guilty to a one count Bill of Information charging him with conspiracy to commit wire fraud relating to a fraudulent application he made to the Gulf Coast Claims Facility (GCCF) for financial assistance in the aftermath of the Deepwater Horizon oil spill in the Gulf of Mexico.

U.S. District Judge Eldon E. Fallon sentenced CUTRER to three years probation and ordered payment of $15,000 in restitution to the Deepwater Horizon Oil Spill Trust.

According to court documents, the GCCF made disaster assistance money available to individuals and businesses affected by the oil spill resulting from the Deepwater Horizon explosion.  The GCCF required individuals to verify loss of income.  On November 4, 2010, the GCCF received CUTRER’s online claim form seeking an emergency 6-month payment in the amount of $10,000, wherein CUTRER falsely stated he lost earnings as a result of the Deepwater Horizon oil spill. Documentation in support of CUTRER’s claim included copies of fraudulent earning statements indicating that prior to the oil spill, CUTRER had worked at Country Inn & Suites, when, in fact, he was never so employed. As a result of these false representations and documentation contained in the claim, the GCCF paid CUTRER approximately $15,000.00.

The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Loan A. "Mimi" Nguyen.

U.S. Attorney Kenneth A. Polite announced that JUAN ALBERTO SANCHEZ-ROMERO, age 25, a citizen of Mexico, pled guilty today to a one-count Bill of Information for violations of the Federal Gun Control Act.

According to the court documents, on or about August 20, 2015, SANCHEZ-ROMERO, an alien present illegally in the United States, was found in possession of a firearm.

SANCHEZ-ROMERO faces a maximum term of imprisonment of ten years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment.   U.S. District Judge Nannette Jolivette Brown set sentencing for February 11, 2016.

U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter.   Assistant United States Attorney Irene González is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that TORREY LEDELL DAVIS, age 44, most recently from Metairie, pled guilty today to interstate transportation of a minor for the purpose of engaging in criminal sexual activity.

According to the court documents, in November 2012 DAVIS was contacted by an individual living in the Jackson, Mississippi area.  That individual inquired whether DAVIS would be willing to train the victim, who had just turned 16-years-old, to work as a prostitute.  DAVIS agreed, and on November 26, 2012, DAVIS drove to the Scottish Inn in Jackson, picked up the victim, and drove her back to DAVIS’s residence in Metairie.  Once at the residence, DAVIS forced the victim to dress provocatively and pose for sexually suggestive photographs, which he saved on his computer.  The pictures were then used to create a prostitution advertisement on an online classified advertisement website often used to promote prostitution.  DAVIS also instructed the victim how to work as a prostitute, how to get clients, and how to avoid being caught by law enforcement officials.  DAVIS further arranged for the victim to be paired with a female who worked as a prostitute for DAVIS for approximately one year.  At DAVIS’s instruction, the female drove the victim to the French Quarter of New Orleans to work as a prostitute.  While in the French Quarter that evening, law enforcement officials arrested the minor for prostitution after an undercover officer arranged for the victim to perform a sexual act on the officer in exchange for $500.

DAVIS faces a mandatory minimum term of imprisonment of ten years and a maximum of life, followed by up to a life term of supervised release, and a $250,000 fine.  DAVIS can also be required to register as a sex offender.  U.S. District Judge Sarah S. Vance set sentencing for February 24, 2016.

“The FBI New Orleans Division is committed to investigating all aspects of Human Sex Trafficking, stated Acting Special Agent in Charge Jeff Dutton.  “Through our law enforcement collaboration, we are making every attempt to eradicate human trafficking statewide.”

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

U.S. Attorney Polite praised the work of the Federal Bureau of Investigations, the New Orleans Police Department, and the Louisiana State Police Special Victims Unit for investigating this matter.   Assistant United States Attorneys Jordan Ginsberg and K. Paige O’Hale are in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that JOSE ALEXANDER LOPEZ-LOPEZ, age 20, a citizen of Honduras, pled guilty today to a one-count indictment with illegal reentry of a removed alien.

According to court documents, LOPEZ-LOPEZ reentered the United States on or about September 28, 2015, after having been previously deported on April 2, 2014.  LOPEZ-LOPEZ faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.  U.S. District Judge Nannette Jolivette Brown set sentencing for December 3, 2015.

U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement Agency in investigating this matter.  Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that JENNIFER WILLIAMS, 33, of Harvey, was sentenced after previously pleading guilty to two-count Indictment charging her with one count of disaster fraud and five counts of theft from the United States.

U.S. District Judge Nanette Jolivette Brown sentenced WILLIAMS to one day of incarceration.  In addition to incarceration, WILLIAMS was sentenced to 30 days of home detention as part of her five years of supervised release, a $600 special assessment, and restitution in the amount of $17,040 to be repaid to FEMA.

According to the court records, on or about October 15, 2012, following Hurricane Isaac, WILLIAMS filed an application with the Department of Homeland Security Federal Emergency Management Agency (FEMA). WILLIAMS claimed that she needed rental assistance due to damage in her home and made false statements to FEMA with regard to where she was temporarily living. After receiving a total of $17,040 in rental assistance, Department of Homeland Security investigators determined that WILLIAMS in fact never rented another property after Hurricane Isaac and that her application and supporting documentation was false.

U.S. Attorney praised the work of the Department of Homeland Security, Office of Inspector General in investigating this matter.  Assistant United States Attorney Edward J. Rivera of the Fraud Unit was in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that RYAN BINNER, age 43, of Hammond, pled guilty today to violations of the Federal Controlled Substances and Federal Gun Control Acts.

According to court documents, in November and December 2014, BINNER made multiple sales of methamphetamine to law enforcement agents working undercover.  On December 2, 2014, BINNER agreed to meet an undercover agent for purposes of selling additional methamphetamine.  As BINNER attempted to leave his house to meet with the agent, law enforcement arrested BINNER, and found him to be in possession of approximately one ounce of methamphetamine, along with a loaded, sawed-off Winchester 20-gauge shotgun.

BINNER pled guilty to distributing a quantity of methamphetamine, in violation of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(C), and possessing a short-barreled shotgun in furtherance of a drug-trafficking crime, in violation of Title 18, United States Code, Sections 924(c)(1)(B)(i) and 921(a)(6).  For the drug offense, BINNER faces a maximum term of imprisonment of twenty years, a fine of up to $1,000,000.00, a period of not less than three years of supervised release following any term of imprisonment, and a mandatory $100 special assessment.  For the gun offense, BINNER faces a minimum consecutive term of imprisonment of ten years, a fine of up to $250,000, a period of not more than five years of supervised release following any term of imprisonment, and a mandatory $100 special assessment.  U.S. District Judge Susie Morgan set sentencing for February 10, 2016.

U.S. Attorney Polite praised the work of the Drug Enforcement Administration, the Tangipahoa Parish Sheriff’s Office, and the Hammond Police Department for investigating this matter.  Assistant U.S. Attorney Brandon S. Long is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that CRAIG QUINTAL, age 40, of River Ridge, was indicted today for crimes involving the sexual exploitation of children.

According to today’s indictment, beginning at an unknown time to on or about July 15, 2015, QUINTAL knowingly accessed child pornography with the intent to view images depicting the sexual victimization of minors.  The indictment alleges that QUINTAL accessed visual depictions of minors under the age of twelve years-old engaging in sexually explicit conduct.

If convicted, QUINTAL faces a penalty of up to twenty years imprisonment, followed by up to a lifetime term of supervised release, and a $250,000 fine.

U. S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

U.S. Attorney Polite praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations and the Louisiana Attorney General’s Office, High Tech Crime Unit in investigating this matter.  Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that two owners of a Metairie business were charged today with filing false federal income tax returns.

ROMMEL CORDOVA, age 35 of Luling, and SAUL RAMIREZ, age 43, of Kenner,  were each charged in a single Bill of Information with willfully filing false 2011 individual income tax returns. According to the Bill of Information, CORDOVA and RAMIREZ owned and operated Skill Labor Provider, Inc. (“Skill Labor”) a Metairie, Louisiana labor services business. They were each fifty-percent owners of Skill Labor and shared equally in its net income.

During calendar years 2010 and 2011, CORDOVA and RAMIREZ cashed, and caused to be cashed, checks made payable to Skill Labor and other business checks at a check cashing business in Kenner. CORDOVA and RAMIREZ caused false corporate income tax returns for Skill Labor to be prepared which did not accurately report the gross receipts, labor expenses deductions, or net income of Skill Labor.  They then filed their respective individual income tax returns, which did not accurately report the amounts of business income that CORDOVA and RAMIREZ received from Skill Labor.

Upon conviction, each defendant faces a maximum penalty of three years of imprisonment, one year of supervised release, a fine of $250,000, or twice the gross gain or loss caused by the offense, a $100 special assessment, and restitution to the Internal Revenue Service.

U. S. Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.

U.S. Attorney Polite praised the work of the Internal Revenue Service – Criminal Investigations and Homeland Security Investigations for investigating this matter.  Assistant U.S. Attorney Hayden Brockett and Tax Division Trial Attorney Michael Hatzimichalis are in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that LATASHA N. ANDERS, age 34, and ARNOLD WILLIAMS, age 33, both of New Orleans, were sentenced today after previously pleading guilty to conspiracy to commit wire fraud relating to fraudulent applications they made or caused to be made to the Gulf Coast Claims Facility (GCCF) for financial assistance during the aftermath of the Deepwater Horizon oil spill.

U.S. District Judge Martin L.C. Feldman sentenced ANDERS to 5 years probation, with 12 months of home incarceration, and ordered restitution in the amount of $250,000. WILLIAMS was sentenced to three years probation and was ordered to pay $50,000 in restitution to the GCCF.

According to court documents, the GCCF made disaster assistance money available to individuals and businesses affected by the oil spill resulting from the Deepwater Horizon explosion.  The GCCF required individuals to verify loss of income.  ANDERS worked as a claims adjuster for the GCCF.  Beginning in or about October 2010, ANDERS submitted or caused to be submitted, via the internet, claim forms on behalf of her co-conspirators containing false representations and fraudulent documentation that they were employed in the commercial fishing industry at the time of the oil spill, when in fact they were not.  ANDERS shared in the claim proceeds in exchange for her assistance.  Based upon the fraudulent documentation, ANDERS obtained $250,000 in claim proceeds to which she and her co-conspirators were not entitled.

Additionally, ANDERS conspired with WILLIAMS to file a false claim for loss earnings on his behalf, when in fact he did not work in the commercial fishing industry.  Based upon the fraudulent claim, WILLIAMS received $50,000 to which he was not entitled. Both ANDERS and WILLIAMS admitted to purchasing a home for $110,000 with the illegal proceeds they received from the fraudulent claims.

This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (“NCDF”), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill.  If you have knowledge of fraud, waste, abuse or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at disaster@leo.gov, or in writing to National Center for Disaster Fraud, Baton Rouge, LA  70821-4909.

 U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service and the U.S. Secret Service in investigating this matter.  Assistant U. S. Attorney Julia K. Evans was in charge of this prosecution.

U.S. Attorney Kenneth A. Polite announced that MELVIN JACKSON, age 35, of Ponchatoula was sentenced today for his participation in a drug conspiracy and his participation in a May 11, 2012, shooting and robbery that took place outside of Roy’s Lounge.    

U.S. District Judge Stanwood R. Duval sentenced JACKSON to 360 months imprisonment for the drug conspiracy, 120 months on the firearms violation, and 240 months on a separate drug charge.  All sentences were ordered to run concurrently with each other.

At trial, which was held on April 11, 2015, the Government presented evidence that JACKSON, who had a prior conviction for attempted murder, was caught on video in 2012 exiting Roy’s Lounge with several associates after a night of gambling.  Once outside, JACKSON removed a firearm from his shirt and gave the firearm to his friend, MELVIN DOKES.  DOKES then shot the victim, a fellow gambler, four times.  As the victim lay bleeding on the ground, JACKSON stood over him and took several hundred dollars out of the victim’s pockets.  JACKSON and DOKES then fled.  Both were initially arrested on state charges by the Tangipahoa Parish Sheriff’s Office, but made bond.  While JACKSON was out on bond he continued to sell heroin on the North Shore.  His drug dealing activity was brought to the attention of federal agents.  An undercover operation was done which led to a search warrant being executed at JACKSON’S home.  Agents recovered drugs and drug proceeds.  JACKSON then confessed to his role in the conspiracy to distribute more than a kilogram of heroin and over five kilograms of cocaine hydrochloride.   

U.S. Attorney Polite praised the work of the United States Drug Enforcement Administration in leading this investigation along with members of the Tangipahoa Parish Sheriff’s Office.  Assistant United States Attorneys Maurice E. Landrieu, Jr. and Brandon Long were in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that ANTHONY PENN, SR., age 53, of New Orleans, was sentenced today after previously pleading guilty to Count One of an Indictment charging him with conspiring to receive kickbacks in a federal debris removal contract.

U.S. District Judge Stanwood R. Duval sentenced PENN to three years of probation and one year of home confinement.  Additionally, PENN was ordered to pay restitution in the amount of $215,111.55 to Company A.

According to court documents, the U.S. Army Corps of Engineers hired Phillips and Jordan, a national construction firm, to manage the removal of storm debris from the City of New Orleans after Hurricane Katrina devastated the metro area.  After they were awarded the contract, Phillips and Jordan hired Company A, a local solid waste management company to assist with the debris removal project. Shortly after securing the contract, Company A hired ANTHONY PENN, a local businessman, to manage the debris removal project for them.  After some time on the job, PENN approached the owners of Company A and asked if they would consider hiring his brother-in-law, KENNETH JOHNSON, as a sub-tier subcontractor to work on the project.  The owners of Company A accepted the recommendation and hired JOHNSON’s company, KCJ Enterprises, as a sub-tier subcontractor.  Sometime thereafter, PENN asked JOHNSON to provide him with a cut of the revenue that KCJ Enterprises was receiving from Company A as a reward for steering the contract to him.  JOHNSON agreed to the scheme and wired a total of $236,461.55 in kickback payments to PENN from July 12, 2006, to February 8, 2008.

U.S. Attorney Polite praised the work of the Federal Bureau of Investigations, the United States Department of Defense, and the Internal Revenue Service in investigating this matter.  The case was prosecuted Assistant U.S. Attorneys Spiro G. Latsis and Theodore R. Carter, III.

U.S. Attorney Kenneth A. Polite announced that DERRICK HOLLOWAY, age 32, of Marrero, was sentenced today after previously pleading guilty to two-count Bill of Information charging him with unauthorized recording of a motion picture and criminal infringement of a copyright.

U.S. District Judge Kurt D. Engelhardt sentenced HOLLOWAY to served four years probation with the first eight months in home confinement.  Additionally, HOLLOWAY was fined $1,000 and ordered to pay restitution in the amount of $12,539.66 to the Motion Picture Association of America and the Recording Industry Association of America.

According to court documents, in 2014, HOLLOWAY used a digital camcorder to record approximately ten first-run motion pictures at the AMC Westbank Palace, located in Harvey, including When the Game Stands Tall and The Equalizer.  HOLLOWAY subsequently duplicated and sold copies of some or all of the motion pictures.  Additionally, HOLLOWAY manufactured and sold CDs and DVDs containing copyrighted musical works and motion pictures out from his business, Gold Teeth Kingz, located in Harvey.  Specifically, during the execution of a search warrant at Gold Teeth Kingz in early January 2015, law enforcement authorities found and seized approximately 2,932 pirated DVDs containing copyrighted motion pictures, including When the Game Stands Tall and American Sniper, and 749 pirated CDs containing copyrighted musical works, including “Kingdom Come,” by Jay-Z and “Dangerously in Love,” by Beyoncé.

“Criminal counterfeiters are economic parasites who harm legitimate businesses that pay taxes, create jobs and support our national economy,” said Special Agent in Charge of HSI New Orleans Raymond R. Parmer Jr.  “Anyone who thinks counterfeiting is a victimless crime should realize the proceeds of black-market sales are routinely funneled up the chain to criminal organizations that use these ill-gotten proceeds to support a multitude of large-scale criminal activity.”

U.S. Attorney Polite praised the work of the Immigration and Customs Enforcement, Homeland Security Investigations in investigating this matter.  Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution. 

U.S. Attorney Kenneth A. Polite announced that QUANG SMITH, age 65, of Harvey, pled guilty today to a one count Bill of Information charging her with theft of government funds.

According to documents filed in federal court, QUANG SMITH owned a home in Harvey. In August 2010, SMITH executed application documents with the HMGP program to receive federal grant funds to elevate her house in Harvey, Louisiana. The application was completed with the understanding that the grant monies would be used to elevate her house in Harvey, Louisiana.

In early 2011, SMITH received federal Home Mitigation Grant Program (“HMGP”) monies totaling $80,000 to elevate her house in Harvey. The monies were electronically transferred into her personal bank account for the elevation project.  However, SMITH failed to use the grant monies to elevate her residence. Instead, she converted the federal funds for her own personal use and never elevated her home. 

The maximum penalty for theft of government funds is ten years imprisonment and/or a fine of $250,000 or the greater of twice the gross gain to the defendant or twice the gross loss to the victim.  U.S. District Judge Susie Morgan set sentencing for February 24, 2016.

U.S. Attorney Kenneth Polite praised the work of the Department of Homeland Security, Office of Inspector General in investigating this matter. Assistant United States Attorney, Richard R. Pickens, II is in charge of the prosecution.

Quang Smith - Factual Basis.pdf (108.59 KB)

U.S. Attorney Kenneth A. Polite announced that ARMER BRIGHT, age 51, of Baton Rouge, a former employee of the Orleans Parish School Board (“OPSB”), was sentenced today after previously pleading guilty to the charge of conspiracy to commit bribery and honest services wire fraud.

U.S. District Judge Susie Morgan sentenced BRIGHT to one year plus one day incarceration, followed by one year of supervised release, and a $100 special assessment.

According to court documents, BRIGHT admitted that beginning in September 2013 and continuing until January 2015, he and others participated in a conspiracy to commit bribery and honest services wire fraud.  BRIGHT further admitted that he initiated a scheme to defraud Orleans Parish and its citizens of honest services through bribery and a kickback scheme, whereby IRA THOMAS, an Orleans Parish School Board member, used his public office and official capacity to provide favorable treatment, including attempting to facilitate the awarding of a contract, that was designed to benefit the business and financial interest of an individual who provided him with a bribe and kickback in the form of cash payment disguised as a campaign contribution.

  U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter.  Assistant U.S. Attorney Sean Toomey was in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that on Wednesday, November 4, 2015, over 21,000 students in over 64 schools across Southeast Louisiana will participate in his Office’s second district-wide Student Pledge Against Gun Violence Day.

 Middle and high school students will sign a voluntary pledge promising that they will never take a gun to school, will never resolve a dispute with a gun, and will use their influence to prevent friends from using guns to resolve disputes.  Elementary school children will make a simpler commitment, pledging that if they see a gun they will not touch it, they will assume that any gun they see might be loaded, and they will tell a teacher or a trusted adult.                

In coordination with the Department of Justice’s Project Safe Neighborhoods program, the Student Pledge Against Gun Violence is a national program that recognizes the role that young people, through their own decisions, can play in reducing gun violence.  This campaign against youth gun violence culminates each October in a Day of National Concern about Young People and Gun Violence. Students from around the country will join together in pledging to do their part to end gun violence.  Over 10 million students nationwide have signed the pledge since its inception in 1996.

U.S. Attorney Polite stated that his Office began using the pledge during the 2013-14 school year.  Because of the outstanding response from school leaders and students, the Office decided to expand the initiative district-wide to include all schools in all 13 parishes, including  Assumption, Jefferson, Lafourche, Plaquemines, Orleans, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Tammany, Tangipahoa, Terrebonne, and Washington.  "Our Office is pleased to take this opportunity to reach out to students, engage in a dialogue about gun violence and the importance of making right choices, and encourage them to become peacemakers of our time," stated U.S. Attorney Polite.

In addition to providing the pledges, members of the U.S. Attorney’s Office and other state, local, and federal law enforcement agencies will serve as speakers at several schools to talk to students about what they can do to reduce gun violence in their communities.

Participating Schools include:

Alice Birney Elementary School (Jefferson Parish)

Andrew Jackson Middle School (St. Bernard Parish)

Annunciation Catholic School (Washington Parish)

Assumption High School (Assumption Parish)

Bayou L'Ourse Primary School (Assumption Parish)

C.F. Rowley Alternative School (St. Bernard Parish)

Chalmette Elementary School (St. Bernard Parish)

Chalmette High School 9th Grade Academy (St. Bernard Parish)

Davies Elementary School (St. Bernard Parish)

Dwight D. Eisenhower Academy of Global Studies (Orleans Parish)

Edward Hynes Charter School (Orleans Parish)

Eleanor McMain Secondary School (Orleans Parish)

Ella Dolhonde Elementary School (Jefferson Parish)

Fisher Middle-High School (Jefferson Parish)

Frederick Douglass Elementary School (Jefferson Parish)

Garyville Mt. Airy Math & Science Magnet School (St. John Parish)

Gentilly Terrace Charter School (Orleans Parish)

Gretna No. 2 Academy for Advanced Studies (Jefferson Parish)

Hazel Park - Hilda Knoff Elementary School (Jefferson Parish)

International High School of New Orleans (Orleans Parish)

J.C. Ellis School (Jefferson Parish)

KIPP Believe College Preparatory School (Orleans Parish)

KIPP Central City Academy (Orleans Parish)

KIPP McDonogh #15 Middle School (Orleans Parish)

KIPP Renaissance High School (Orleans Parish)

Lacache Middle School (Tangipahoa Parish)

Lacoste Elementary School (St. Bernard Parish)

Lafayette Academy Charter School (Orleans Parish)

Lake Area New Tech Early College High School (Orleans Parish)

Lake Forest Charter School (Orleans Parish)

Lake Pontchartrain Elementary School (St. John Parish)

LaPlace Elementary School (St. John Parish)

Leo Kerner Jr. Elementary School (Jefferson Parish)

Martin Behrman Charter Academy (Orleans Parish)

Mary McLeod Bethune Elementary (Orleans Parish)

McDonogh 26 Elementary School (Jefferson Parish)

Medard H. Nelson Charter School (Orleans Parish)

Mildred S. Harris Elementary (Jefferson Parish)

Ory Magnet Elementary School (St. John Parish)

Patrick F. Taylor Science & Technology Academy (Jefferson Parish)

Pierre A. Capdau Charter School (Orleans Parish)

Phoenix High School (Plaquemines Parish)

Pope John Paul II Catholic High School (St. Tammany Parish)

St. Augustine High School (Orleans Parish)

St. Benedict the Moor (Orleans Parish)

St. Bernard Middle School (St. Bernard Parish)

St. Catherine of Sienna (Jefferson Parish)

St. James Parish Gifted Center (St. James Parish)

St. Peter Claver Catholic School (Orleans Parish)

St. Scholastica Academy (St. Tammany Parish)

Science & Math Academy (St. James Parish)

Sixth Ward Elementary (St. James Parish)

Smith Elementary School (St. Bernard Parish)

South Thibodaux Elementary School (Lafourche Parish)

T. H. Harris Middle School (Jefferson Parish)

The Good Shepherd School (Orleans Parish)

Trist Middle School (St. Bernard Parish)

Vacherie Elementary School (St. James Parish)

Vic A. Pitre Elementary School (Jefferson Parish)

West St. John Elementary School (St. John Parish)

West St. John High School (St. John Parish)

Westbank Community (Jefferson Parish)

Wesley Ray Elementary (Washington Parish)

William Hart Elementary School (Jefferson Parish)

 

Participating Federal, State and Local Law Enforcement Agencies include:

Bureau of Alcohol, Tobacco, Firearms and Explosives

Federal Bureau of Investigation

Houma Police Department

Jefferson Parish District Attorney’s Office

Jefferson Parish Sheriff’s Office

New Orleans Police Department

Orleans Parish Sheriff’s Office

U.S. Attorney’s Office, Eastern District of Louisiana

U.S. Marshals Service

U.S. Probation and Parole, Eastern District of Louisiana

U.S. Secret Service

U.S. Attorney Kenneth A. Polite announced that DONALD GEORGE BUTLER, JR., age 51, of New Orleans, pled guilty today to failing to register as sex offender.

According to court documents, in 1997, BUTLER was convicted of sexual battery in New Orleans, and as a result, was required to register as a sex offender for the rest of his life.  After being released from prison in 2009, BUTLER moved to Texas without notifying the appropriate authorities.  Consequently, in 2010, BUTLER was charged with, and pled guilty to, failing to register as a sex offender in the Western District of Texas.  Upon his release from federal custody in about November 2012, BUTLER moved back to Louisiana without notifying law enforcement authorities in either Texas or Louisiana.  BUTLER lived in Louisiana, without notifying any law enforcement authorities, until he was located by Inspectors with the United States Marshal’s Service in July 2014.   

BUTLER faces up to ten years in prison and a $250,000 fine.  U.S. District Judge Sarah S. Vance set sentencing for February 24, 2016.

  This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

U.S. Attorney Polite praised the work of the United States Marshal’s Service in investigating this matter.  Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.

U.S. Attorney Kenneth A. Polite announced that JAIRO JACIEL JIMENEZ-HERNANDEZ, age 29, a citizen of Mexico, was charged today in a one-count Indictment with illegal reentry of a removed alien.

According to the Indictment, JIMENEZ-HERNANDEZ reentered the United States on or about August 30, 2015, after having been previously deported on May 17, 2012.  If convicted, JIMENEZ-HERNANDEZ faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.

U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt. 

U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement Agency in investigating this matter.  Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.

 

U.S. Attorney Kenneth A. Polite announced that SERGIO GALVEZ-VELAZQUEZ, age 40,  a citizen of Mexico, was charged today in a two-count Indictment with illegal use of a Social Security Number and false claim of citizenship to obtain employment.

According to the Indictment, GALVEZ-VELAZQUEZ illegally obtained a Louisiana Identification Card from the Louisiana DMV office in Houma by using a Social Security number that did not belong to him.   GALVEZ-VELAZQUEZ was also charged with falsely claiming that he was a citizen of the United States on an I-9 employment form in order to gain employment with Bollinger Shipyards in Lockport, Louisiana.

If convicted, GALVEZ-VELAZQUEZ faces a maximum term of imprisonment of five years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.

U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Homeland Security Investigations, in investigating this matter.  Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.