Eastern District of Louisiana

MELVIN JAMES, JR., a 43-year old resident of New Orleans, Louisiana, was charged today in a three-count indictment by a Federal Grand Jury for his possession with intent to distribute 98 grams of heroin, being a convicted felon in possession of four firearms, and possessing those firearms in furtherance of narcotics trafficking, announced U.S. Attorney Dana J. Boente.

According to the indictment, JAMES was arrested following an attempt to sell heroin in Slidell, Louisiana.  A search of his residence in New Orleans, Louisiana uncovered 98 grams of heroin, digital scales, products used to “cut” the heroin prior to distribution, over $3,000 in U.S. currency, marijuana, and other tools of the narcotics trafficking trade including four firearms of various makes and calibers.

If convicted of the possession with intent to distribute heroin charges, JAMES. faces a maximum penalty of ten years imprisonment, a $250,000 fine, and a three year term of supervised release.  If convicted of the felon in possession of a firearm charge, JAMES faces a maximum penalty of eight years imprisonment, a $250,000 fine, and a three year term of supervised release.  JAMES faces additional penalties for the possession of firearms in furtherance of narcotics trafficking charge of up to a term of life imprisonment, a $250,000 fine, and a five year term of supervised release.

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

(Download Indictment )

WAYNE BOUDOIN, age 60, a resident of Edgard, Louisiana, was charged yesterday in a one-count Bill of Information for embezzling assets of a local labor union, announced U. S. Attorney Dana J. Boente.

According to court records, BOUDOIN was the president of the Local 709 Security, Police, and Fire Professionals of America International Union from September 2003 through January 2011.  The Local 709 maintained a checking account with a local bank to hold the membership dues that were collected from the union members.  As the union’s president, BOUDOIN was able to access the funds in the union account through checks and a debit card.  According to the bill of information, BOUDOIN embezzled $16,367.96 from the union account by using the debit card to make unauthorized purchases at various retail establishments and to withdraw cash from ATM machines. 

If convicted, BOUDOIN faces a maximum term of five years imprisonment, a fine of $10,000 and three years of supervised release following any term of imprisonment.

U. S. Attorney Boente reiterated that the bill of information is merely a charge, and that the guilt of the defendant must be proven beyond a reasonable doubt.

The case was investigated by the U.S. Department of Labor.  The case is being prosecuted by Assistant U. S. Attorney Spiro G. Latsis.

(Download Bill of Information )

RAYMOND GROW, III, age 40, a resident of Covington, Louisiana, pled guilty today to making a false statement to a bank in order to obtain a loan, announced U. S. Attorney Dana J. Boente.

GROW pled guilty before U. S. District Court Judge Helen G. Berrigan to a one count felony bill of information charging him with making a false statement in his loan application to First American Bank and Trust.  The maximum penalty GROW faces is imprisonment of 30 years, a fine of up to $1,000,000, and a term of supervised release of five years.  Sentencing has been scheduled for July 31, 2013 at 9:00 AM.

The government filed a bill of information on December 26, 2013 charging GROW with a violation of making a false statement to a bank.  GROW admitted today that his company, Masters Built Construction, LLC, applied for and obtained a loan from First American on May 10, 2006, for $3,450,000 to develop 22 acres located on Hwy 22, in Ponchatula, Louisiana, called The Landings subdivision.  The loan was personally guaranteed by GROW.  He further admitted that he knew that First American required that he provide a Wetland Determination letter issued by the Corps for the 22 acres before the bank would approve and fund the loan. On May 10, 2006, GROW submitted to the bank’s closing attorney, a letter appearing to be an official Wetland Determination Letter issued by the Corps, reflecting that there was only a small percentage of wetlands on the 22 acres.  Based on the material false document, First American closed on the loan.   GROW further admitted that he created the letter by cutting and pasting information from another Wetland Determination letter.

The bank learned of the false document when a prospective purchaser of the 22 acres was conducting its due diligence prior to purchasing the property.  In a meeting with the Corp, the prospective purchaser presented the Wetland Determination letter to the Corp.  The Corp researched the permit numbers listed on GROW’s letter and determined that the information GROW had listed in his letter applied to a completely different piece of property.  The Corp stated that it had never conducted a Wetland Determination on the 22 acres.

This case was investigated by the Federal Bureau of Investigations and was prosecuted by Assistant United States Attorney Dorothy Manning Taylor.

(Download Factual Basis )

NESTOR ALBERTO DURAN-ESQUIVEL, age 39, a citizen of El Salvador was sentenced today in federal court by U. S. District Judge Helen G. Berrigan, announced U.S. Attorney Dana Boente.  DURAN was sentenced to 24 months imprisonment.  In addition to the term of imprisonment, Judge Berrigan ordered that DURAN be placed on three years of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release.

According to court documents, on October 10, 2012, DURAN pled guilty to a one-count indictment admitting he was an alien who was previously removed and was knowingly and unlawfully found in the United States, in Jefferson Parish, Louisiana on June 9, 2012, without the Attorney General or Secretary of the Department of Homeland Security, having expressly consented to his re-application for admission into the United States.  DURAN’s sentence was subject to enhancement based on a previous aggravated felony conviction.

This case was investigated by United States Immigration and Customs Enforcement, Enforcement and Removal Operations.  The case was prosecuted by Special Assistant United States Attorney Robert Weir.

ERNEST BLACKMON, age 25, a resident of Chalmette, Louisiana, was sentenced to 30 months in federal prison by U. S. District Judge Helen G. Berrigan after he pleaded guilty to one-count of possession of a firearm by a convicted felon, announced U. S. Attorney Dana J. Boente.  In addition to 30 months of incarceration, BLACKMON received three years of supervised release following his term of imprisonment.

According to court documents, the New Orleans Police Department stopped a vehicle for numerous traffic violations during a low speed car chase on December 3, 2011, in New Orleans. During the police encounter, BLACKMON, who was the driver of the vehicle, was found to be in possession of a Smith & Wesson, model SW40VE, .40 caliber pistol.  His passenger, Jonathan Frank, was also found to be in possession of a firearm, has been convicted as a felon in possession of a firearm and sentenced to 46 months incarceration.  Federal gun charges are still pending against the back seated passenger, Wayne Handy.

Court records revealed that BLACKMON was convicted on or about August 18, 2008, for the possession of crack cocaine, in Orleans Parish Criminal District Court, a felony punishable by more than one year of incarceration. As such, he was prohibited from possessing a firearm by both state and federal law.

The case was investigated by the Federal Bureau of Investigation Violent Crime Task Force, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the New Orleans Police Department. The matter was prosecuted by Assistant U. S. Attorney Edward J. Rivera.

United States Attorney Dana J. Boente announced that in celebration of National Crime Victims’ Rights Week, an information fair will be held at the New Orleans Healing Center on Saturday, April 27, 2013, from 10:00 a.m. to 2:00 p.m.  The New Orleans Healing Center is located at 2371 St. Claude Avenue in New Orleans, LA.  Federal and local agencies participating in the fair are the United States Attorney’s Office for the Eastern District of Louisiana, along with the Federal Bureau of Investigation, the Drug Enforcement Administration, the U.S. Postal Inspection Service, the Bureau of Alcohol, Tobacco and Firearms, the U.S. Immigration and Customs Service, the New Orleans Police Department, Jefferson Parish District Attorney’s Office, the Orleans Parish Sheriff’s Office, and the Jefferson Parish Sheriff’s Office.  Representatives of each agency will be present to provide information about the rights of crime victims and to distribute written information to the public.  There is no charge to attend the information fair.  Video presentations concerning the theme, “New Challenges: New Solutions,” and an overview of the criminal justice system also will be presented.

National Crime Victims’ Rights Week began on April 21, 2013.  It honors victims of crime and celebrates our nation’s progress in advancing their rights. This year’s theme, “New Challenges: New Solutions,” celebrates the vision behind that progress and the goal of providing needed services to all victims of crime.  The vision that launched the victims’ rights movement emerged more than 30 years ago.  Then, as now, crime victims endured physical and emotional wounds, financial burdens, an often hostile criminal justice system, and an alarming public tendency to blame them for the crimes against them.  Often victims were excluded from courtrooms, treated with disrespect by officials, and afforded few rights.  Crime victims then began organizing to confront these challenges and to promote fair, compassionate, and respectful responses to victims of crime.

Since the 1980s, the nation has made dramatic progress in securing rights, protections, and services for victims of crime.  Every state has enacted victims’ rights laws, and the state constitutions of 32 states have victims’ rights amendments.  All states have victim compensation funds, and more than 10,000 victim service agencies have been established throughout the country.  The Office for Victims of Crime (OVC), U.S. Department of Justice, supports a range of programs for crime victims, and seeks to extend those services to those who are underserved.

Despite the progress, there still is much to do.  Victims’ rights are not universally recognized by law and often the laws recognizing those rights are not enforced vigorously.  Only a fraction of victims receive crime victim compensation, which is usually limited to victims of violent crime.  Less than 50 percent of crimes are reported, and fewer than 20 percent of victims receive needed services.  The victim services system is fragmented and uncoordinated, and agencies are struggling to provide needed services in the face of budget cuts. Still, victim advocates have not lost their resolve and continue to advocate for novel solutions to the challenges of according victims their rights.

MELVIN JEOVANY VASQUEZ, age 30, a citizen of Honduras, was charged in a one-count indictment by a Federal Grand Jury today with illegal reentry by an alien previously removed, announced U.S. Attorney Dana J. Boente.

According to the indictment, on or about April 7, 2013, VASQUEZ, an alien who had previously been removed from the United States, was found in the United States, within the Eastern District of Louisiana, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.

If convicted, VASQUEZ, who was convicted of a felony prior to his previous removal, faces a maximum term of imprisonment of 10 years, a fine of $250,000.00 and 3 years of supervised release following any term of imprisonment.

U. S. Attorney Boente 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 investigated by United States Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE) as part of Operation Safe Neighborhood.  The prosecution is being handled by Special Assistant United States Attorney Robert Weir.

(Download Indictment )

KEISHANDRA HOUSTON, age 36, a resident of Slidell, Louisiana, pled guilty to wire fraud relating to an application for financial assistance in the aftermath of the Deepwater Horizon oil spill, announced U.S. Attorney Dana J. Boente.

The Gulf Coast Claims Facility (GCCF) made disaster assistance money available to individuals affected by the oil spill resulting from the Deepwater Horizon explosion in the Gulf of Mexico. The GCCF required individuals to verify loss of income. According to court documents, in September 2010 HOUSTON falsely represented to the GCCF that she worked as a cook at a seafood restaurant and suffered financially due to lost employment as a result of the Deepwater Horizon incident. To support this fraudulent claim, on September 30, 2010, HOUSTON wired to the GCCF false earnings statements which incorrectly indicated that the she was employed by a seafood restaurant. In response to the claim, the GCCF paid HOUSTON $5,900.

HOUSTON faces a maximum term of imprisonment of 20 years, a fine of $250,000 and 3 years of supervised release following any term of imprisonment. Sentencing is set for July 25, 2013.

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.

The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Chandra Menon.

(Download Factual Basis )

JOSE GONZALEZ-GRANA, age 35, a citizen of Mexico, was charged in a two-count indictment by a Federal Grand Jury today with making a false statement claiming United States citizenship and illegal use of a Social Security Number, announced U. S. Attorney Dana J. Boente.

According to the indictment, on May 3, 2012, GONZALEZ, an alien, knowingly made a false statement and claim that he was a United States citizen in order to unlawfully engage in employment in the United States.  GONZALEZ was also charged with falsely representing that a Social Security number had been assigned to him by the Commissioner of Social Security with intent to deceive for the purpose of completing an Employment Eligibility Verification Form.

If convicted of both counts, GONZALEZ faces a maximum term of imprisonment of 10 years, a fine of $500,000 and 3 years of supervised release following any term of imprisonment.

U. S. Attorney Boente 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 investigated by United States Immigration and Customs Enforcement, Homeland Security Investigations (ICE) as part of Operation Safe Neighborhood.  The prosecution is being handled by Special Assistant United States Attorney Robert Weir.

(Download Indictment )

JOSE ADAN DE DIOS-LARA, age 25, a citizen of Honduras, was sentenced today in federal court by U. S. District Judge Carl J. Barbier to approximately 5 months imprisonment, announced U.S. Attorney Dana Boente.   In addition to the term of imprisonment, Judge Barbier ordered that DE DIOS be placed on two years of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release.

According to court documents, on January 24, 2013, DE DIOS pled guilty to a one-count indictment admitting he was an alien who was previously removed and was knowingly and unlawfully found in the United States, in Jefferson Parish, Louisiana on November 14, 2012, without the Attorney General or Secretary of the Department of Homeland Security, having expressly consented to his re-application for admission into the United States.  DE DIOS’s sentence was subject to enhancement based on a previous felony conviction.

This case was investigated by United States Immigration and Customs Enforcement, Enforcement and Removal Operations with the assistance of the Jefferson Parish Sheriff’s Office.  The case was prosecuted by Special Assistant United States Attorney Robert Weir.

ALICIA WELLS, age 29, of New Orleans, Louisiana, pled guilty in federal court today before U.S. District Judge Carl J. Barbier to mail fraud relating to a fraudulent application she 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, announced U. S. Attorney Dana J. Boente.

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 September 25, 2010, WELLS applied for disaster assistance funds, representing that she was working at Center Plate before the oil spill.  However, WELLS had never worked for Center Plate and she submitted false documentation to establish that she was employed at Center Plate and to establish her false loss earnings.  Based on WELLS’ fraudulent application, the GCCF issued three checks totaling $13,200 to which WELLS was not entitled. 

WELLS faces a maximum term of imprisonment of 20 years, a fine of $250,000 and 3 years of supervised release following any term of imprisonment. Sentencing is set for July 25, 2013.

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.

The case was investigated by the United States Secret Service and prosecuted by Assistant United States Attorney Loan “Mimi” Nguyen.

(Download Factual Basis )

FREDERICK TAYLOR, age 33, of New Orleans, Louisiana; JERMEY WILLIAMS, age 29, of Cleveland, Texas; and THIOUGEST WOOLDRIDGE, age 34, of New Orleans, Louisiana, were sentenced today by the Honorable Nannette Jolivette Brown, announced U.S. Attorney Dana J. Boente.  TAYLOR was sentenced to 110 months in the custody of the Bureau of Prisons and a term of 5 years supervised release.  WILLIAMS was sentenced to 75 months in the custody of the Bureau of Prisons and a term supervised release of 5 years.  WOOLDRIDGE was sentenced to 70 months in the custody of the Bureau of Prisons and a term of 5 years of supervised release.

On June 8, 2012, TAYLOR, WILLIAMS, and WOOLDRIDGE were charged along with three other defendants in a Superseding Indictment for violations of the Federal Controlled Substances Act.  On January 10, 2013, these defendants pleaded guilty to being members of a conspiracy to possess with the intent to distribute 100 grams or more of heroin.

A jury trial for the other defendants in this case, BRANDON CHEATHAM, JOSHUA CLOFER, and JOSH TAPP, is scheduled for July 22, 2013.

The case was investigated by the Federal Bureau of Investigation.  The prosecution was handled by Assistant United States Attorney Sean Toomey.

RYAN MICHAEL BURRAS, age 23, a resident of Slidell, Louisiana, was sentenced in federal court today by U. S. District Judge Mary Ann Vial Lemmon after pleading guilty to conspiracy to commit import violations and to violating FDA laws by mislabelling and distributing synthetic marijuana, announced U. S. Attorney Dana J. Boente.  BURRAS was sentenced to approximately 11 months imprisonment.  In addition to the term of imprisonment, Judge Lemmon ordered that BURRAS be placed on 3 years of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release.

According to court documents, beginning in the first half of 2010 and continuing through at least July 2011, BURRAS conspired with co-defendants, Cody Beaudette, Christopher Buelle, and C Square, L.L.C., a Slidell-based company, to knowingly receive, buy, and sell synthetic marijuana imported into the United States contrary to law, specifically causing the introduction and delivery of a drug that is adulterated and misbranded under Federal law.  BURRAS’s role in the offense was to design labels for C Square, L.L.C.’s brands of synthetic marijuana, and he also assisted in the distribution of C Square, L.L.C.’s synthetic marijuana brands.  C Square, L.L.C.’s brands included “ZeRo GrAviTy”, “iAroma”, and “Primo,” among others.

Cody Beaudette, Christopher Buelle and C Square, L.L.C. are scheduled for trial on June 10, 2013.

The case was investigated by U. S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations and the U. S. Food and Drug Administration (FDA) - Office of Criminal Investigations with the assistance of the St. Tammany Parish Sheriff’s Office and the Slidell Police Department.  The case was prosecuted by Special Assistant U. S. Attorney Robert Weir.

MYLES FITZGERALD GUIDRY, age 48, of New Orleans, Louisiana, was sentenced today to 108 months in prison by the U.S. District Court Judge Nanette Jolivette Brown after previously pleading guilty to receiving images depicting the sexual victimization of children, announced U. S. Attorney Dana J. Boente.  Additionally, Judge Brown ordered that, after GUIDRY’S release from prison he will be placed under supervised release for the rest of his life.

According to court documents, in September 2012, GUIDRY downloaded images and videos depicting the sexual exploitation of children (“child pornography”) by receiving the images from other individuals with whom he communicated via the Internet.  Pursuant to a search warrant, special agents with the Federal Bureau of Investigation recovered one computer that was determined to contain images and videos of child pornography.  GUIDRY used an internet-based, real-time video chat program to communicate with multiple individuals.  During the course of a chat session conducted using the program, GUIDRY requested that the individual(s) with whom he was communicating send him images and videos depicting the sexual victimization of children.  In total, GUIDRY received approximately 50 such images of children as young as four-years-old being victimized by adults and other children.

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 United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, 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.”

This case was investigated by special agents from the Federal Bureau of Investigation.  The prosecution of this case was handled by Assistant United States Attorney Jordan Ginsberg.

JOSEPH C. DELAY, 42, of Metairie, Louisiana, was sentenced today to being a felon in possession of a firearm, announced U. S. Attorney Dana J. Boente.  U.S. District Court Judge Jane Triche Milazzo sentenced DELAY to 5 years incarceration and 3 years supervised release.

DELAY was charged in May 2012 in an Indictment with Being a Felon in Possession of a Firearm and with Failure to Register as a Sex Offender.

Documents filed in federal court indicate that on March 9, 2012, at 2:51 a.m., a Jefferson Parish Sheriff’s deputy pulled over the defendant for operating a motor vehicle without a license plate.  The defendant drove away after the deputy exited his vehicle and approached the defendant’s vehicle.  A high-speed chase ensued and other deputies located the vehicle within minutes.  The defendant was no longer in the vehicle, however, a loaded .380 caliber Lorcin semi-automatic pistol bearing Serial Number 462237 was left on the driver’s side floorboard.  In addition, the defendant left his cellular telephone directly outside of the vehicle. 

Court records show that in1995, DELAY was convicted in Criminal District Court for the Parish of Orleans of Forcible Rape, Armed Robbery, and Aggravated Burglary.  In addition, DELAY was convicted in 2004, in the 24th Judicial District Court for the Parish of Jefferson of possession of a Schedule II controlled substance, and in 2010, in the 24th Judicial District Court for the Parish of Jefferson, DELAY was convicted of Failure to Register as a Sex Offender.

This case was investigated by the U.S. Marshal’s Service, Bureau of Alcohol, Tobacco and Firearms, and the Jefferson Parish Sheriff’s Office.

The prosecution of this case was handled by Assistant U. S. Attorney Brian M. Klebba.

DR. DAVID G. MILLAUD, age 52, a resident of New Orleans, Louisiana, was sentenced today by U.S. District Court Judge Eldon E. Fallon to three years probation, after previously pleading guilty to theft of government funds in connection with a disaster loan that he received from the Small Business Administration, announced U.S. Attorney Dana J. Boente.  MILLAUD was further ordered to pay restitution in the amount $56,449.91 to the Small Business Administration.  

According to court documents, MILLAUD submitted false invoices to the Small Business Administration in order to support his request for a loan disbursement.  As a result of the false invoices, MILLAUD received a loan disbursement totaling $56,449.91in government funds to which he was not entitled.

The case was investigated by the U. S. Department of Housing and Urban Development, Office of the Inspector General, Small Business Administration, Office of Inspector General, and the Federal Bureau of Investigation. The case was prosecuted by Assistant U. S. Attorney Spiro G. Latsis.

DARRYL JASMIN, age 28, a resident of Edgard, Louisiana, was sentenced today to 60 months incarceration by the U.S. District Court Judge Mary Ann Vial Lemmon, announced U.S. Attorney Dana J. Boente.  Judge Lemmon ordered that JASMIN be placed on 4 years of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release.

On January 10, 2013, JASMIN pled guilty to two counts of an indictment which charged him with distribution of 28 grams or more of crack cocaine on two separate dates, April 12, 2012 and April 20, 2012.

The case was investigated by the Drug Enforcement Administration, St. James Parish Sheriff’s Office, and the Jefferson Parish Sheriff’s Office.  The prosecution was handled by Assistant United States Attorney Sean Toomey.

CRISTIAN EDGARDO MEJIA-DIAZ, age 26, a citizen of El Salvador, was sentenced today to approximately five months imprisonment by U. S. District Judge Nannette Jolivette Brown, announced U.S. Attorney Dana J. Boente.  In addition to the term of imprisonment, Judge Brown ordered that MEJIA-DIAZ be placed on one year of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release.

According to court documents, on January 10, 2013, MEJIA-DIAZ pled guilty to a one-count indictment admitting he was an alien who was previously removed and was knowingly and unlawfully found on November 13, 2012, in the United States, in Jefferson Parish, Louisiana without the Attorney General or Secretary of the Department of Homeland Security, having expressly consented to his re-application for admission into the United States.

This case was investigated by United States Immigration and Customs Enforcement, Enforcement and Removal Operations with the assistance of the Jefferson Parish Sheriff’s Office.  The case was prosecuted by Special Assistant United States Attorney Robert Weir.

TONTA J.  OCTAVE,  age 34, and his brother KAVIS OCTAVE, age 31, both residents of Vacherie, Louisiana, were sentenced today by U.S. District Court Judge Lance M. Africk, announced U.S. Attorney Dana J. Boente.  TONTA OCTAVE was sentenced to 120 months in the custody of the Bureau of Prisons, followed by a term of 8 years supervised release.  TONTA OCTAVE will also be required to pay a special assessment fee of $200.  KAVIS OCTAVE was sentenced to 90 months in the custody of the Bureau of Prisons and a term of 4 years of supervised release.  KAVIS OCTAVE was ordered to pay a $400 special assessment fee.

In November 2012, the OCTAVE brothers were found guilty in four (4) counts of a five (5) count third superseding indictment for conspiracy to possess and distribute cocaine base (“crack”) by a federal jury after a two-day trial.  Among other things, the jury heard testimony that on three separate occasions in March and May of 2012, KAVIS and TONTA OCTAVE, alone and/or working together, sold between one and two ounces of cocaine base (“crack”) to a Drug Enforcement Administration cooperating informant.  These drugs sales were captured on audio-video recordings.  In addition, at the time of TONTA OCTAVE’s arrest for these crimes, he was found attempting to flee his residence in a vehicle and had with him $25,747 in cash that had been kept in a freezer and was still ice cold.  That money was forfeited to the government as drug proceeds at the conclusion of the trial.

The case was investigated by the Drug Enforcement Administration, St. James Parish Sheriff’s Office, and the Jefferson Parish Sheriff’s Office.  The prosecution was handled by Assistant United States Attorneys Sean Toomey and Andre Lagarde. 

MOHAMMED SAMEER AHMED, age 36, a resident of Kenner, pleaded guilty today before U.S. District Judge Kurt D. Engelhardt to a one-count bill of information for trafficking in counterfeit goods, announced U.S. Attorney Dana Boente.

According to court documents, AHMED was caught trying to sell 58 counterfeit NFL jerseys in his French Quarter store from June 2010 to October 2010.  The counterfeit jerseys had false markings and holograms on them that were likely to lead customers to believe that they were authentic New Orleans Saints jerseys.

AHMED faces a maximum term of imprisonment of 10 years, a fine of $2,000,000, and 3 years of supervised release following any term of imprisonment.  Sentencing is scheduled for July 17, 2013.

The case was investigated by the U.S. Department of Homeland Security.  The case is being prosecuted by Assistant U. S. Attorney Spiro G. Latsis.

(Download Factual Basis )

MELODY HUIE, age 56, of Mandeville, Louisiana, was sentenced today by U. S. District Judge Kurt D. Engelhardt to 18 months in prison, after previously pleading guilty to wire fraud and tax evasion, announced United States Attorney Dana J. Boente.  HUIE was also ordered to pay full restitution, plus $446,983.00 to the IRS.  HUIE, further, was sentenced to 3 years of supervised release after she is released from jail, the first six months of which are to be spent on home confinement.

According to court documents, HUIE was employed by a transportation company in New Orleans, Louisiana where she served as a General Manager for Accounting.  In that capacity, HUIE was responsible for overseeing the company’s finances and accounts.  HUIE was one of three individuals at the company who was authorized to conduct wire transfers from the company’s bank accounts.  Wire transfers from the company’s Chase bank account had to be authorized by two of the three employees with such authorization.  As part of its security protocol, after one of the three authorized individuals initiated a transfer, Chase called one of the other employees to verify the legitimacy of the transfer. 

When HUIE wanted to steal money from her employer, she would make a phone call to Chase’s customer service department and direct them to transfer money to a separate bank account under her control.  When initiating a wire transfer by phone (whether legitimate or not), HUIE had to identify herself, specify the account from which she wished to draw the money and provide a password created by Chase.  When Chase called to verify one of HUIE’S transfers, HUIE answered the other phone and fraudulently identified herself as the second individual authorized to conduct wire transfers.  HUIE knew where this individual stored his/her password and security information, which HUIE provided to the Chase representative to verify the unauthorized wire transfer.  To disguise her actions further, HUIE added fictitious reference notes such as “Fund Redemption,” “401K Distribution,” or “Consulting Fee” to the transfer or used variations of the nameholder on the account to which she sent the money to make the transfers appear legitimate. 

HUIE stole money in this manner at least 114 times between November 2006 and September 2011, totaling $1,370,814.09.

HUIE then failed to report as taxable income the money she stole on her tax returns.  As a result, she failed to pay income tax between tax years 2006 and 2011 in the amount of approximately $446,983.00.

The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigations Division.  It was prosecuted by Assistant United States Attorney Jordan Ginsberg.

DAVID GONZALEZ (a/k/a Othoniel David Reconco), age 24, a citizen of Honduras, pled guilty in federal court today before U. S. District Judge Ivan L.R. Lemelle to a one-count indictment charging him with illegal re-entry of a removed alien, announced U.S. Attorney Dana J. Boente.

According to court documents, GONZALEZ admitted to being an alien who had previously been removed from the United States, was found in the United States, in Jefferson Parish, Louisiana on January 24, 2013, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.

The indictment charging GONZALEZ with illegal reentry also included a notice of sentencing enhancement based on his prior aggravated felony conviction.  With the enhancement, the charge carries a maximum statutory penalty of 20 years imprisonment, a fine of $250,000, and 3 years of supervised release following any term of imprisonment.  Sentencing for the defendant is scheduled for July 2, 2013 at 2:00 P.M.

This case was investigated by U.S. Immigration and Customs Enforcement with the assistance of the Jefferson Parish Sheriff’s Office.  The prosecution is being handled by Special Assistant United States Attorney Robert Weir.

(Download Factual Basis )

CARLOS ALBERTO AGUILAR, age 40, a citizen of Honduras pled guilty in federal court today before U. S. District Judge Martin L.C. Feldman to a one-count indictment charging him with illegal re-entry of a removed alien, announced U.S. Attorney Dana J. Boente.

According to court documents, AGUILAR admitted to being an alien who had previously been removed from the United States, was found in the United States, in Jefferson Parish, Louisiana on December 18, 2012, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.

The indictment charging AGUILAR with illegal reentry also included a notice of sentencing enhancement based on his prior felony conviction.  With the enhancement, the charge carries a maximum statutory penalty of ten (10) years imprisonment, a fine of $250,000, and three (3) years of supervised release following any term of imprisonment.  Sentencing for the defendant is scheduled for August 7, 2013 at 1:30 P.M.

This case was investigated by U.S. Immigration and Customs Enforcement with the assistance of the Jefferson Parish Sheriff’s Office.  The prosecution is being handled by Special Assistant United States Attorney Robert Weir.

(Download Factual Basis )

RICHARD P. MOLENAAR, III, 47, a resident of Las Cruces, New Mexico, was charged today in a one-count bill of information with conspiracy to commit bribery, announced U.S. Attorney Dana J. Boente. 

According to court records, MOLENAAR was the owner of several maintenance/ construction companies, including Ricky’s A/C, Inc., Landmark Mechanical Contractors, LLC, and Custom Carpentry Renovations, LLC.  From in or around 2008 through in or around 2011, MOLENAAR used these companies to bid on maintenance jobs at the Orleans Parish Sheriff’s Office (“OPSO”).  MOLENAAR’s primary point of contact at the OPSO was its former Director of Purchasing, John Sens.  According to the bill of information, MOLENAAR, among others, including Sens, engaged in a rigged bidding process for various OPSO maintenance jobs.  In particular, from 2007 through 2011, MOLENAAR, among others, would submit bids for OPSO work in the names of his respective companies but, with the knowledge and participation of, among others, Sens, he would also submit phony or fake bids for these same projects in the names of other local companies, in an effort to give the appearance of a competitive bidding process.  In many cases, the phony bids would intentionally be higher than the bids from MOLENAAR and, consequently, Sens would award the work to MOLENAAR.

In exchange for this rigged bidding process, according to court documents, MOLENAAR provided Sens with various things of value.  For example, from 2007 through 2011, MOLENAAR provided approximately $30,000 in cash to Sens, as well as the digging and installation of a pool at a residence owned by Sens, at no cost to him.    

If convicted, MOLENAAR faces a maximum penalty of 5 years imprisonment, 3 years supervised release, a $250,000 fine, and a $100 special assessment. 

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

The case is being investigated by special agents of the Federal Bureau of Investigation.

The case is being prosecuted by Assistant U. S. Attorneys Matt Chester and Jon Maestri.

(Download Indictment )

HAROLYN BONNER, age 49, a resident of New Orleans, Louisiana, pled guilty in federal court today before U. S. District Court Judge Lance M. Africk to theft of government money, announced U. S. Attorney Dana J. Boente.

According to court documents, from June 2009 through May 2012, BONNER stole approximately $23,710 from the Social Security Administration by obtaining benefits to which she was not entitled.  BONNER had managed disability benefits on behalf of her adult son. When her son died in 2009, the benefits should have terminated. However, BONNER continued to receive the benefits and converted them to her personal use knowing that she was not entitled to them. On at least two occasions after her son’s death, BONNER submitted written reports to the Social Security Administration representing that her son continued to reside with her and that she was using the payments for his food, housing, and other needs.

BONNER faces a maximum term of imprisonment of 10 years, a fine of $250,000 and 3 years of supervised release following any term of imprisonment. Sentencing is set for July 25, 2013.

The case was investigated by the Social Security Administration-Office of Inspector General and prosecuted by Assistant United States Attorney Chandra Menon.

(Download Indictment )

CARLOS CABRERA, age 42, a resident of Orlando, Florida,  was charged today in a two-count superseding indictment by a Federal Grand Jury for his role in a conspiracy to transport destructive devices (M-60 Grenades) and machine guns (AK-47 automatic assault rifles and Colt M-4 automatic assault rifles), announced U.S. Attorney Dana J. Boente.

According to the superseding indictment, JAIME JAUREGUI, RUBEN JAUREGUI,  FRANCISCO MALDONADO and CARLOS CABRERA conspired with each other and others to transport firearms, which are deemed destructive devices and machineguns, including thirty M-60 Grenades, and sixty Colt M4 automatic assault rifles and fifty AK-47 automatic assault rifles from the Eastern District of Louisiana to Texas, Florida, and elsewhere.  The conspiracy count alleges that on four occasions from January 2012 through March 21, 2013, JAIME JAUREGUI met with undercover agents in St. Tammany Parish to negotiate the purchase more than 100 fully automatic assault rifles, grenade launchers, grenades, and night vision goggles, some of which were destined for a Mexican drug trafficking cartel.  JAIME JAUREGUI provided a cash deposit of approximately $46,000 during those meetings. JAIME JAUREGUI hired FRANCISCO MALDONADO, RUBEN JAUREGUI and CARLOS CABRERA to assist him with transporting the weapons to the final destinations.  None of the men have federal firearms or export licenses.  The conspiracy count further alleges that the defendants conspired to transport the weapons in the course of engaging in the business of dealing firearms without a license. JAIME JAUREGUI is also charged with one count of illegal possession of unregistered firearms, specifically, two Colt M4 automatic assault rifles.

If convicted of the conspiracy count, each defendant faces a maximum penalty of 5 years imprisonment, a $250,000 fine, and a 3 year term of supervised release.  JAIME JAUREGUI faces additional penalties for the illegal firearms possession charge of up to 10 years imprisonment, a $250,000 fine, and a 3 year term of supervised release.

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

This case is being investigated by Special Agents of Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of U.S. Customs and Border Protection, the Louisiana State Police, and the St. Tammany Parish Sheriff’s Office.  Prosecution is being handled by Special Assistant United States Attorney Robert Weir.

(Download Superseding Indictment )

THOMAS HILLIARD, 22; CHRISTIAN JOHNSON, 23; ALEX LEWIS, 20; JAMES BROWN, 22; and WILLIE HILLIARD, 23; all residents of New Orleans, were indicted by a federal Grand Jury on Friday April 12, 2013 on several counts involving the distribution of cocaine base (“crack”) and the illegal possession of firearms, announced United States Attorney Dana J. Boente.  The indictment was sealed until today, as federal and local law enforcement officials conducted a round-up of all defendants this morning.  All five defendants are expected to make their initial appearance in federal court this afternoon at 2:00pm. 

This indictment was the result of an investigation that was conducted by the newly formed NOPD Multi Agency Gang Unit, which is comprised of NOPD detectives and federal agents.  During the course of this investigation all five individuals were identified as belonging to a gang known as “MMG” that distributed crack cocaine and illegally possessed firearms to further their drug trafficking activities in the Seventh Ward area of New Orleans. 

According to the indictment, beginning at a time unknown and continuing until on or about June 7, 2012, in the Eastern District of Louisiana, THOMAS HILLIARD, JOHNSON, LEWIS,  BROWN, and WILLIE HILLIARD did knowingly and intentionally conspire and agree to distribute two hundred-eighty grams or more of cocaine base (“crack”).  During that same period, THOMAS and WILLIE HILLIARD, JOHNSON and LEWIS also conspired to possess firearms in furtherance of the drug conspiracy.  Also, as part of the indictment, THOMAS HILLIARD, JOHNSON and BROWN were charged with using a communication facility to facilitate a drug crime.  JOHNSON was additionally charged with being a felon in possession of a firearm and WILLIE HILLIARD was charged with possession with intent to distribute a quantity of crack cocaine.

If convicted of all counts, each defendant faces a mandatory minimum term of imprisonment of 10 years and a maximum term of life imprisonment. 

The Multi Agency Gang Unit was created within the ranks of the New Orleans Police Department with significant support from other local, state, and federal law enforcement agencies. There are also two Assistant District Attorneys and two United States Attorneys assigned to this group to try and coordinate the prosecution of these various gang members in both federal and state courts. Like the current NOPD Homicide Division, the Gang Unit is centrally located and has jurisdiction over Orleans Parish and will be under the direction of the NOPD. It is the central bureau tasked with gathering evidence against violent gangs and all of their members that leads to the prosecution and conviction of entire violent gangs in either state or federal court on criminal conspiracy, street gang, or racketeering charges.  The Gang Unit is conducting several simultaneous investigations on identified groups, which could result in state and federal prosecutions of the groups, and not only their individual members, thereby removing the violent offenders who are responsible for the majority of violent crimes committed in the neighborhoods of New Orleans and the metropolitan area.

The following agencies are part of the Multi Agency Gang Unit:

• 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);
• Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF);
• Drug Enforcement Administration (DEA); and
• United States Marshal’s Service (USMS).

U. S. Attorney Boente stated, “Thanks to the men and women who are assigned to this Unit for their hard work and dedication.  Though this is the first indictment to be returned based on this Unit’s work, it certainly will not be the last.  The United States Attorney’s Office is proud to be part of this joint initiative to help fight the violent crime and drug trafficking activities that continually plague several neighborhoods in this city.”

ATF Special Agent in Charge Phillip Durham said, “The indictment in this investigation is the results of our commitment as a law enforcement community to work hand in hand to identify offenders who are considered the “Worst of the Worst” and reside and operate in designated neighborhoods.  We have no doubt that this strategy will continue to produce positive results in our efforts to crack down on violent gun crimes and repeat offenders in neighborhoods throughout the New Orleans metropolitan area.”

District Attorney Leon Cannizzaro observed, "This represents another example of unprecedented cooperation and collaboration amongst local and Federal law enforcement agencies to aggressively identify and round up affiliated criminal confederates who are perpetrating crimes of violence on the streets of this community."

Superintendent Ronal Serpas said, "Today's indictments are proof that this initiative headed up by NOPD is aggressive, focused and effective. We are incredibly grateful for the assistance and dedication to this effort provided by our state and federal partners. Together, we are making New Orleans safer."

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

The investigation is being led by Special Agents of the Bureau of Alcohol, Tobacco and Firearms and the New Orleans Police Department.  The case is being prosecuted by Assistant United States Attorney Andre’ Jones.

(Download Indictment )

JUSTIN DOUCET, age 20, a resident of Larose, was charged on Friday, April 12, 2013 in a one-count indictment by a Federal Grand Jury for receipt of child pornography, announced U. S. Attorney Dana Boente.  DOUCET was arrested at his home on April 15, 2013 by Special Agents of the FBI. 

According to court documents, beginning at a time unknown and continuing until on or about February 8, 2012, the defendant knowingly received computer images and digital video files which contained visual depictions of minors engaging in sexually explicit conduct. 

If convicted, DOUCET faces a minimum term of imprisonment of 5 years and maximum term of imprisonment of 20 years.  The defendant also faces a fine of $250,000.00 and three (3) years of supervised release following any term of imprisonment.     

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

The case was investigated by the Federal Bureau of Investigation.  The case is being prosecuted by Assistant U.S. Attorney G. Dall Kammer.

(Download Indictment )

OSNIN ISAAC URBINA-MARADIAGA, age 25, a citizen of Honduras, was sentenced today in federal court by U. S. District Judge Lance M. Africk, announced U. S. Attorney Dana Boente.  URBINA was sentenced to approximately five months imprisonment. In addition to the term of imprisonment, Judge Africk ordered that URBINA be placed on one year of supervised release following his term of imprisonment, during which time the defendant will be under federal supervision and risk an additional term of imprisonment should he violate any terms of supervised release.

According to court documents, on January 24, 2013, URBINA pled guilty to a one-count indictment admitting that on October 19, 2012, he falsely represented that a Social Security number had been assigned to him by the Commissioner of Social Security with intent to deceive, for the purpose of obtaining a Louisiana Identification Card at a Louisiana Office of Motor Vehicles located in St. John the Baptist Parish.  URBINA also admitted that he was illegally present in the United States.

This case was investigated by United States Immigration and Customs Enforcement - Enforcement and Removal Operations and the Jefferson Parish Sheriff’s Office.  The case was prosecuted by Special Assistant United States Attorney Robert Weir.

KIRK JENKINS, age 39, a resident of New Sarpy, Louisiana, was charged today in a 3-count indictment by a Federal Grand Jury for distribution of heroin and illegal possession of firearms, announced U. S. Attorney Dana J. Boente.

According to the indictment, on January 14, 2013, and March 6, 2013, JENKINS distributed quantities of heroin.  The indictment further charges that on March 14, 2013,  JENKINS possessed a High Point .40 caliber, semiautomatic pistol and a Ruger .380 caliber semi-automatic pistol.  According to the indictment, JENKINS was prohibited from possessing the firearms because he had a previous felony conviction in 2002 for possession of heroin in Orleans Parish Criminal District Court.  Under federal law it is illegal for anyone who has been previously convicted of a felony to be in possession of any firearm or ammunition.

If convicted on the heroin distribution, Counts 1 and 2 of the indictment, JENKINS faces a maximum term of imprisonment of 20 years, a $1,000,000 fine, a minimum of  3 years supervised release, and $100 special assessment fee.  If convicted for being a felon in possession of a firearm, Count 3 of the indictment, JENKINS faces a maximum term of imprisonment of 10 years, a $250,000 fine, 3 years supervised release, and $100 special assessment fee.

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

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisiana State Police and the St. Charles Parish Sheriff’s Office.  The case is being prosecuted by Assistant U. S. Attorney Nolan D. Paige.

(Download Indictment )

ELTON JOHNSON, age 28, of New Orleans, Louisiana, was sentenced today to 21 months of incarceration by U. S. District Judge Lance M. Africk after he pleaded guilty to a one count indictment for conspiracy to make false statements in connection with a firearm purchase, announced U. S. Attorney Dana J. Boente.

According to court documents, JOHNSON conspired with his then girlfriend, Glenda Wright, to purchase a Ruger 9mm firearm at a gun show in Kenner, Louisiana, on January 28, 2008.  JOHNSON supplied Wright money in advance to buy the gun.  Wright falsely stated on the ATF Form provided by the licensed federal firearms dealer that she was to be the true owner, when in fact, the true owner was to be JOHNSON.  Wright gave JOHNSON the Ruger firearm after the purchase which he kept until it was taken from him by the New Orleans Police Department in an arrest the following month.

JOHNSON was sentenced to 21 months in prison and was placed on 3 years of supervised release and ordered to pay a special assessment of $100.

Wright pled guilty in December of 2012 to conspiracy to make false statements in the purchase of a firearm and was sentenced in March of 2013 to 5 years of probation.

This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Jefferson Parish Sheriff’s Office and was prosecuted by Assistant United States Attorney Edward J. Rivera.

LENNIE BROWN, age 23, a resident of New Orleans, Louisiana, was sentenced yesterday to 60 months of incarceration by United States District Court Judge Susie Morgan for two arsons that were committed in Gentilly in 2010, announced U. S. Attorney Dana J. Boente. 

BROWN had previously pleaded guilty to two arson counts, one count of conspiracy to commit arson, conspiracy to use a destructive device, possession of a destructive device, and manufacturing a destructive device on May 11, 2011.

The Fuel Zone gas station/convenience store was the victim of two separate acts of arson in June of 2010.  According to court documents, Larry Moses offered BROWN $1,500.00 cash to maliciously start a fire inside the store.  On the evening of June 5, 2010, Moses and BROWN purchased a plastic squeeze bottle and filled it with gasoline.  Moses and BROWN then drove their vehicle to a parking lot adjacent to the Fuel Zone.  Before entering the Fuel Zone store, BROWN called Moses’ cell phone so that Moses, who remained in the getaway vehicle, could hear what was happening while BROWN was inside the store.  Surveillance video showed BROWN, wearing a motorcycle helmet to disguise his identity, entered the store and proceeded to spray gasoline onto contents of shelves down one of the store aisles.  BROWN started the fire using a lighter and exited the store as the fire erupted.  BROWN ran back to the getaway vehicle and Moses quickly drove away from the scene.

In the days following the June 5th arson, Moses informed BROWN that he would not be paid until he committed a second more destructive fire at the Fuel Zone store but increased  his offer to $3,000.00.  BROWN then hired Michael Collins to assist him in a second act of arson.  Moses instructed BROWN that for this second arson, the fire should be started near the store’s cash register area.

LAZARO CARBAJAL-AVILES, age 41, a citizen of Mexico, was charged in a one-count indictment by a Federal Grand Jury today illegal reentry by an alien previously removed, announced U.S. Attorney Dana J. Boente.

According to the indictment, on or about February 27, 2013, CARBAJAL, an alien who had previously been removed from the United States, was found in the United States, within the Eastern District of Louisiana, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.

If convicted, CARBAJAL, who was convicted of a felony prior to his previous removal, faces a maximum term of imprisonment of 10 years, a fine of $250,000 and 3 years of supervised release following any term of imprisonment.

U. S. Attorney Boente 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 investigated by United States Immigration and Customs Enforcement, Homeland Security Investigations with the assistance of the Louisiana State Police and the Louisiana Department of Wildlife and Fisheries.  The prosecution is being handled by Special Assistant United States Attorney Robert Weir.

(Download Indictment )

KALEB DEAKLE, age 24, a resident of Atlanta, Georgia, was charged in a bill of information today with wire fraud, announced U. S. Attorney Dana Boente.

According to court documents, DEAKLE, who previously resided in New Orleans, gained access to the bank account of the management company where he had leased a condominium. DEAKLE used his computer to negotiate the online sale of a 2012 Land Rover Sport. After a series of emails with the salesman, DEAKLE arrived at Land Rover of New Orleans on January 12, 2012, with a check purportedly from the management company. The check was counterfeit and written out for the total purchase price of $72,148.50.  DEAKLE led the dealership to believe that he was employed by Apple, Inc., that the check was legitimate, and took possession of the vehicle.

If convicted, DEAKLE faces a maximum term of imprisonment of 20 years,  a fine of
$250,000 and 3 years of supervised release following any term of imprisonment. 

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

The case was investigated by the Special Agents of the Federal Bureau of Investigation and the prosecution is being handled by Assistant United States Attorney Jon Maestri.

(Download Bill of Information )

YAHIA ASAD, age 50, of Tallahassee, Florida, was sentenced yesterday  by Chief United States District Judge Sarah S. Vance to 51 months imprisonment, announced U.S. Attorney Dana J. Boente.  Additionally, ASAD was ordered to pay restitution in the amount of $379,310.

According to court documents, from January 2010 through March 2012, ASAD and others perpetrated a tax fraud scheme which involved filing false tax returns using the stolen identities of deceased or imprisoned persons, using inflated and erroneous financial information, causing a much larger refund than would be allowed legitimately which resulted in a significant loss to the government. 

"This prosecution serves notice, especially during tax filing season, that we will aggressively prosecute tax fraud and identity theft,” said United States Attorney Boente.  “Mr. Asad stole from the people of the United States and will be punished for that crime.”

“IRS-CI hopes that the sentencing of Yahia Asad serves as a warning to others that IRS and the U.S. Attorney’s Office takes money laundering and identity theft violations very seriously,” stated IRS Criminal Investigation Acting Special Agent in Charge, Damon Rowe.  “We will continue to work with our law enforcement counterparts to vigorously pursue these investigations.”

“Criminal schemes such as this rob the government of revenue and also shortchange millions of law-abiding Americans who pay their taxes consistently and honestly,” said Raymond R. Parmer Jr., Special Agent in Charge of HSI New Orleans. "Anyone attempting to defraud the government should be on notice that HSI aggressively investigates these types of crimes and will seek prosecution when they’re discovered.” Parmer oversees a five-state area of operation to include Louisiana, Alabama, Arkansas, Mississippi and Tennessee.

This case was investigated by Special Agents of the U.S. Department of Homeland Security/Homeland Security Investigations and the Internal Revenue Service-Criminal Investigations and was prosecuted by Assistant U.S. Attorney Tracey N. Knight.

JAIRO MAURICIO SAGASTUME-ALVARENGA, age 29, a citizen of Honduras, and WALTER ANDRES RAMIREZ, age 30, a citizen of El Salvador, were each sentenced today in federal court by U. S. District Judge Eldon E. Fallon, announced U.S. Attorney Dana Boente.  SAGASTUME was sentenced to thirty-six (36) months imprisonment and RAMIREZ was sentenced to twenty (20) months imprisonment.  In addition to the term of imprisonment, Judge Fallon ordered that SAGASTUME and RAMIREZ be placed on three (3) years of supervised release following their terms of imprisonment during which time the defendants will be under federal supervision and risk an additional term of imprisonment should they violate any terms of supervised release.

According to court documents, on November 1, 2012, SAGASTUME and RAMIREZ each pled guilty to separate one-count indictments admitting they were aliens who were previously removed and were knowingly and unlawfully found in the United States, in Jefferson Parish, Louisiana without the Attorney General or Secretary of the Department of Homeland Security, having expressly consented to their re-application for admission into the United States.  Both defendants’ sentences were subject to enhancement based on previous aggravated felony convictions.       

This case was investigated by United States Immigration and Customs Enforcement, Enforcement and Removal Operations.  The case was prosecuted by Special Assistant United States Attorney Robert Weir.

JAIME JAUREGUI (age 34 of Orlando, FL), RUBEN JAUREGUI (age 24 of Dade City, FL), and FRANCISCO MALDONADO (age 46 of Dade City, FL), were charged in a two-count indictment by a Federal Grand Jury for their roles in a conspiracy to transport destructive devices (M-60 Grenades) and machine guns (AK-47 automatic assault rifles and Colt M-4 automatic assault rifles) in violation of Title 18, United States Code, Sections 371 and 922(a)(4), announced U.S. Attorney Dana J. Boente.

According to the indictment, JAIME JAUREGUI, RUBEN JAUREGUI, and FRANCISCO MALDONADO conspired with each other and others to transport firearms, which are deemed destructive devices and machineguns, including thirty M-60 Grenades, and sixty  Colt M4 automatic assault rifles and fifty AK-47 automatic assault rifles from the Eastern District of Louisiana to Texas, Florida, and elsewhere.  The conspiracy count alleges that on four occasions from January 2012 through March 21, 2013, JAIME JAUREGUI met with undercover agents in St. Tammany Parish to negotiate the purchase more than 100 fully automatic assault rifles, grenade launchers, grenades, and night vision goggles, some of which were destined for a Mexican drug trafficking cartel.  JAIME JAUREGUI provided a cash deposit of approximately $46,000.00 during those meetings.  JAIME JAUREGUI hired FRANCISCO MALDONADO, AND RUBEN JAUREGUI to assist him with transporting the weapons to the final destinations.  None of the men have federal firearms or export licenses. JAIME JAUREGUI is also charged with one count of illegal possession of unregistered firearms, specifically, two Colt M4 automatic assault rifles.

If convicted of the conspiracy count, each defendant faces a maximum penalty of five (5) years imprisonment, a $250,000 fine, and a three (3) year term of supervised release.  JAIME JAUREGUI faces additional penalties for the illegal firearms possession charge of up to ten (10) years imprisonment, a $250,000 fine, and a three (3) year term of supervised release.

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

This case is being investigated by Special Agents of Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of U.S. Customs and Border Protection, the Louisiana State Police, and the St. Tammany Parish Sheriff’s Office.  Prosecution is being handled by Special Assistant United States Attorney Robert Weir.

JONATHAN LAPORTE, age 27, of Covington, Louisiana, was sentenced today by U. S. District Judge Eldon E. Fallon to 100 months imprisonment for the January 13, 2012, robbery of a Citizens Bank and Trust in Mandeville, Louisiana, announced U. S Attorney Dana Boente. 

The charge resulted from an investigation by the Mandeville Police Department and Federal Bureau of Investigation following the January 13, 2012, robbery of the Citizens Bank and Trust branch located in Mandeville.  During the robbery, LAPORTE brandished a weapon that appeared to be a firearm but was later determined to be a BB gun.  While inside the bank, through force and intimidation, LAPORTE obtained approximately $12,777 in bank funds.  Upon exiting the bank, LAPORTE briefly eluded responding police units and caused a high speed chase that resulted in property damage to multiple vehicles.  LAPORTE was apprehended after crashing his vehicle and suffering minor injuries.  The money stolen from the bank was recovered from LAPORTE’s vehicle along with the BB gun.

In addition to the term of imprisonment, Judge Fallon sentenced LAPORTE to 5 years of supervised release following the term of imprisonment.  During the 5 year term, the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of his supervised release.  Judge Fallon also ordered LAPORTE to pay restitution to the victims who suffered property damage as a result of LAPORTE’s reckless flight from responding police officers. 

This prosecution was the result of an investigation conducted by special agents of the Federal Bureau of Investigation and officers and detectives of the Mandeville Police Department.

The prosecution has been handled by Supervisory Assistant U. S. Attorney William J. Quinlan, Jr., Supervisor of the U. S. Attorney’s Violent Crime Unit.

REGINALD R. HARPER, age 59, a resident of Hammond, Louisiana, and TROY A. FOUQUET, age 45, a resident of Covington, Louisiana, were sentenced today by U.S. District Judge Nannette Jolivette Brown for conspiracy to commit bank fraud, announced U.S. Attorney Dana J. Boente.  HARPER was sentenced to 24 months imprisonment, followed by 3 years of supervised release, and a $25,000 fine. FOUQUET was sentenced to 18 months imprisonment, followed by 3 years of supervised release.  HARPER and FOUQUET were also ordered to pay restitution to the victim of their crime, First Community Bank, in the amount of $570,955.71 plus interest.

According to court documents, in approximately 2004, HARPER, the former President and Chief Executive Officer of First Community Bank, loaned in excess of $2 million to co-defendant FOUQUET, a local real estate developer, or one of a number of companies owned or controlled by FOUQUET.  The purpose of the loans were to purchase parcels of real estate; develop them into subdivisions; and build houses on them, eventually to be bought by prospective home buyers, who would obtain permanent mortgages to finance the purchase.  The permanent mortgages would pay off the original loans made by HARPER on behalf of First Community Bank and also include monies to pay FOUQUET. 

According to the court documents, however, beginning in 2005, it became difficult for HARPER and FOUQUET to identify qualified home buyers to obtain permanent mortgages.  As a result, HARPER and FOUQUET developed various methods to avoid reporting the delinquency on the loans made by HARPER, on behalf of First Community Bank, to FOUQUET and/or his companies.  One method used by the defendants, according to court documents, included HARPER making “loans” to the prospective home buyers to make it appear to the permanent mortgage lender they were trying to qualify that the prospective home buyer had more funds on hand than they actually did.  Another method employed by the defendants, according to court documents, was to use “nominee” loans or “straw” borrowers to sign up for new First Community Bank loans, authorized by HARPER, the proceeds of which were then utilized to pay off the original loans made to FOUQUET and/or his companies.  Finally, another method used by the defendants to avoid reporting the delinquency of these loans, according to court documents, included FOUQUET presenting HARPER with insufficient checks (i.e. a check not backed up with sufficient funds) and HARPER accepting them, crediting the loan payment in First Community Bank’s books and records, despite knowing the check was insufficient. 

The fraudulent methods employed by the defendants, as set forth in court documents, led to a false call report (a report of First Community Bank’s financial health), which impacted an application undertaken by the bank to receive funds from the Troubled Asset Relief Program (TARP), a program administered by the United States.  Ultimately, according to court documents, when the wrongdoing employed by the defendants was uncovered, First Community Bank suffered severe financial losses.

“Bank fraud harms financial institutions, in this case First Community Bank, and the local economy,” said United States Attorney Boente.  “This prosecution provides a lesson that bank fraud has serious consequences, not just for financial institutions, but also for individuals.”

“First Community Bank President Harper and bank customer Fouquet turned to bank fraud to hide past due loans from the bank, its regulators, and the Treasury Department in the bank’s TARP application,” said Christy Romero, Special Inspector General for TARP (SIGTARP).  “The  million dollar fraud scheme, which involved making sham loans to Fouquet through straw borrowers and a cover-up that lasted for years, caused significant losses to First Community Bank and jeopardized the bank’s financial stability and ability to serve its community.  SIGTARP and its law enforcement partners will bring accountability for TARP-related crimes.”

“The FBI was very pleased to join forces with SIGTARP in partnership with the United States Attorney’s Office to root out quite substantial TARP-related fraud in the financial community,” stated Mike Anderson, Special Agent in Charge of the Federal Bureau of Investigation, New Orleans Division.

The case was investigated by agents from the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) and agents from the Federal Bureau of Investigation.

The case was prosecuted by Assistant U. S. Attorney Matt Chester.

NEMESSIS BATES, a/k/a “Nemesis Bates,” a/k/a “Nemo,” 34 years of age, and AARON SMITH, a/k/a “Beadie, a/k/a “Beedie,” 27 years of age, both of the New Orleans area, were charged in a four count indictment by a Federal Grand Jury on Thursday, April 4, 2013.  The indictment was unsealed today as Bates was taken into custody by federal agents and Smith is already incarcerated in Orleans Parish Prison. 

The indictment charges BATES, SMITH and others known and unknown to the grand jury with the November 21, 2010 murder of Christopher Smith.          

Count 1 charges BATES with Solicitation to Commit a Crime of Violence, in violation of 18 U.S.C. § 373.  If convicted, BATES shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years.

Count 2 charges BATES and SMITH with the Use of Interstate Commerce Facilities in the Commission of Murder-for-Hire, in violation of 18 U.S.C. § 1958(a).  If convicted, BATES and SMITH shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both. 

Count 3 charges BATES and SMITH with Causing the Death of Christopher Smith through the Use and Carrying of a Firearm During and in Relation to a Crime of Violence, in violation of 18 U.S.C. § 924(j)(1).  If convicted, BATES and SMITH shall be punished by death or by imprisonment for any term of years or for life. 

Count 4 charges BATES and SMITH with Conspiracy to Possess Firearms During and in Relation to a Crime of Violence, in violation of 18 U.S.C. § 924(o).  If convicted, BATES and SMITH shall be imprisoned for not more than 20 years, fined under Title 18, or both.   

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

This indictment is the culmination of a federal grand jury investigation that was conducted with the assistance of the Federal Bureau of Investigation (F.B.I.), the Jefferson Parish Sheriff’s Office and the United States Attorney’s Office for the Eastern District of Louisiana.  This case is being prosecuted by Assistant United States Attorneys Greg Kennedy and Liz Privitera.

ANTHONY PENN, age 51, a resident of New Orleans, pled guilty yesterday before U.S. District Judge Stanwood R. Duval, Jr., to a one-count indictment for conspiring to defraud the United States by accepting kickback payments in connection with a disaster clean up contract administered by the U.S. Army Corps of Engineers, announced U.S Attorney Dana Boente.

According to court documents, the U.S. Army Corps of Engineers hired a national firm called Phillips and Jordan 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.  After securing the contract, Company A hired PENN to manage the debris removal project for them.  After some time on the job, PENN approached the owner of Company A and asked if he would consider hiring KCJ Enterprises as a sub-tier subcontractor.  The owner of Company A accepted the recommendation and hired KCJ Enterprises to work on the project.  Sometime thereafter, PENN asked Kenneth Johnson, Sr., owner of KCJ Enterprises, to provide him with a cut of the payments that KCJ Enterprises was receiving from Company A as a reward for steering the contract to him.  Johnson agreed to the plan and began wiring funds to PENN’s bank account. In total, PENN received $222,261.55 in kickback payments from Johnson during the scheme. 

PENN faces a maximum term of imprisonment of 5 years, a fine of $250,000 and 3 years of supervised release following any term of imprisonment.  Sentencing is scheduled for July 10, 2013.

Johnson is currently awaiting trial scheduled for July 29, 2013.  If convicted, Johnson faces a maximum term of 5 years imprisonment, a fine of $250,000 and 3 years of supervised release following any term of imprisonment.

The case was investigated by the Federal Bureau of Investigations and the United States Department of Defense.  The case is being prosecuted by Assistant U. S. Attorney Spiro G. Latsis.

(Download Factual Basis )

VICTOR MENDEZ-GUINTO, age 32, a citizen of Mexico, pleaded guilty today before U.S. District Judge Mary Ann Vial Lemmon to seven counts of unlawful transfer of identification documents announced U. S. Attorney Dana Boente.

According to court documents, beginning on or about August 14, 2012 and continuing through October 4, 2012, MENDEZ-GUINTO knowingly transferred numerous counterfeit and stolen identification documents, including Social Security cards, birth certificates, and state identification cards, knowing that such documents were produced without lawful authority.

MENDEZ-GUINTO will be sentenced on July 11, 2013, and faces a maximum term of imprisonment of 15 years, a fine of $250,000 and 3 years of supervised release following any term of imprisonment as to each count of the indictment.

The case was investigated by special agents of the U.S. Department of Homeland Security/Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Gregory M. Kennedy.

JANICE STAVES, age 57, a resident of New Orleans, and JAMES YOUNGBLOOD, age 69, a resident of New Orleans, pled guilty to conspiracy to commit public bribery in federal court today before United States District Court Judge Ivan L.R. Lemelle, announced U. S. Attorney Dana Boente.

According to court documents, STAVES was employed as a Purchasing Clerk for the Housing Authority of New Orleans (HANO) from 1992 until June 1, 2009. YOUNGLOOD also had previously worked at HANO from 1972 until 2003. Upon leaving HANO, YOUNGBLOOD formed and operated YOUNGBLOOD and YOUNGBLOOD Construction, LLC.

During the conspiracy, STAVES and YOUNGBLOOD figured out a way to embezzle money from HANO, which receives federal funding. In 2007, STAVES and YOUNGBLOOD discussed, telephonically and in person, that STAVES could get YOUNGBLOOD paid with HANO funds, for doing no work, and in return, YOUNGBLOOD provided kickbacks to STAVES. During this time frame, YOUNGBLOOD received HANO checks totaling $661,904.11, despite having performed no work. STAVES, deposited approximately $100,448.00 in cash from YOUNGBLOOD, into accounts that she controlled. YOUNGBLOOD would deposit his checks and then bring STAVES cash at the HANO office so that she would receive her portion. YOUNGBLOOD would bring the cash to her office in an envelope. They would meet in the parking lot, or in the parking lots of gas stations or restaurants close to the HANO office.

Legitimate HANO transactions mandated that requisition orders for jobs would come from a particular department, and would be routed to STAVES, who was then supposed to create a legitimate purchase order. The purchase order would then be routed to supervisors for proper approval, and a check would be issued from Accounts Payable after receiving the required supervisor signatures. However, these procedures were not followed. Also, STAVES and YOUNGBLOOD took advantage of the fact that some smaller vendors were allowed to receive prepaid checks to facilitate the payment of workers. STAVES also did not ask for nor receive any requisition orders on jobs purportedly done by YOUNGBLOOD, as no work had been done.

In order to work around HANO’s procedures, STAVES would create fake purchase orders for YOUNGBLOOD and request a prepaid check. The fraudulent purchase order was usually for debris removal and/or supplies, such as locks.

Both defendants face a maximum term of imprisonment of five (5) years, as well as a fine of $250,000.00 and three (3) years of supervised release following any term of imprisonment. Sentencing is set for Wednesday, July 10, 2013 at 2:00pm.

The case was investigated by the Special Agents of the Federal Bureau of Investigation and the United States Department of Housing and Urban Development, Office of the Inspector General. The prosecution is being handled by Assistant United States Attorney Jon Maestri.

(Download Factual Basis - Staves )

(Download Factual Basis - Youngblood )

MARLON JENERRO GREEN, age 41, of New Orleans, Louisiana, pleaded guilty before U.S. District Judge Ivan L.R. Lemelle to one count of making threatening communications announced U. S. Attorney Dana J. Boente.

According to court documents, GREEN is a U.S. military veteran receiving monthly benefits from the United States Department of Veterans Affairs (VA) who called the VA office in New Orleans on May 24, 2011 and threatened to kill an employee over a dispute regarding his VA benefits. 

GREEN will be sentenced on July 10, 2013, and faces a maximum term of imprisonment of five (5) years, a fine of $250,000 and three (3) years of supervised release following any term of imprisonment as to each count of the indictment.

The case was investigated by special agents of the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Gregory M. Kennedy.

(Download Factual Basis )

BAY E. INGRAM, age 51, a resident of Covington, Louisiana, was sentenced today to 18 months imprisonment by United States District Judge Sarah S. Vance for conspiracy to commit wire fraud in the aftermath of the BP oil spill, announced U.S. Attorney Dana J. Boente. INGRAM was also ordered to pay $463,271.31 in restitution, which he paid today, to the victims of his crimes; Rotorcraft Leasing Company, LLC (RLC) received $314,091.77 and British Petroleum, p.l.c. (BP) received $149,179.54.

According to court documents, INGRAM was a businessman who owned and operated Southeast Recovery Group (SRG), a company which provided disaster relief services in the aftermath of the oil spill due to the sinking of the Deepwater Horizon rig in the Gulf of Mexico in April 2010.  INGRAM through his company SRG, provided a helicopter that was supposed to be used for oil spill response by representatives of the St. Bernard Parish Sheriff’s Office and the Louisiana Department of Wildlife and Fisheries, and also assisted in the construction of helipads at the Hopedale, Louisiana facility of British Petroleum, p.l.c. (BP).  In the case of both the helicopter and the helipads, INGRAM through his company SRG, acted as a “middleman” between the supplier of the helicopter, and the companies responsible for the construction of the helipads, on the one hand, and BP, who was billed for cost of providing the goods and services, on the other hand.  In the case of the helicopter, INGRAM was supplied the helicopter from his supplier, a company called Rotorcraft Leasing Company, LLC (RLC).

According to documents filed with the court, INGRAM arranged for the helicopter to be stationed at Hopedale from June through November 2010, but never had an agreement with BP to supply the helicopter after June 15, 2010.  In an effort to get paid by BP, and to justify the amount of his unpaid invoices to BP totalling approximately $1.4 million, INGRAM falsified and forged documents, including a contract between his company and RLC.  INGRAM also falsified flight logs and flight manifests for the helicopter. 

INGRAM also caused the construction of five helipads at Hopedale at a cost of approximately $110,000.  He then falsely represented to BP that his actual costs had been over $250,000, and billed BP for, and was paid, $303,000. 

Throughout the period June 2010 and April 2011, court documents assert that INGRAM’s suppliers repeatedly contacted INGRAM in an effort to seek payment.  Trying to dissuade his suppliers from contacting BP directly, INGRAM created false and fictitious e-mails, some in the names of real persons and some in the name of a non-existent or fictitious person.

The case was investigated by special agents of the Federal Bureau of Investigation.

The case was being prosecuted by Assistant U. S. Attorneys Matt Chester and Eileen Gleason.

ANSELMO CAPILLANES, age 48, a citizen of the Phillipines, pleaded guilty before U.S. District Judge Jay C. Zainey to a one-count bill of information for violating the Act to Prevent Pollution from Ships, Title 33, United States Code, Section 1908, announced U. S. Attorney Dana J. Boente today.

According to the court documents, CAPILLANES served as the Second Engineer of the M/T Stolt Facto, a 26,328 gross ton oil tanker,from September 22, 2012 until on or about January 16, 2013.  CAPILLANES was responsible for the operation of the Oil Water Separator onboard the vessel.  The Oil Water Separator is the principal technology utilized to detect and prevent concentrations of oil in excess of 15 ppm in the vessel’s bilge water from being discharged overboard. 

Starting in October 2012, CAPILLANES directed members of the engine room crew to connect hoses from the bilge wells and bilge holding tank located on the lower deck of the engine room and pump the contents of those tanks into the sewage holding tank on the uppermost deck of the engine room.  By transferring the contents of the bilge wells to the sewage holding tank the oily water by-passed the Oil Water Separator and was then discharged from the sewage holding tank into the ocean. 

These transfers and discharges were not recorded in the M/T Stolt Facto’s Oil Record Book.  The Oil Record Book entries indicated that the Oil Water Separator had been used. In court documents associated with his guilty plea, CAPILLANES admitted he ran fresh water or sea water through the Oil Water Separator so that he could get readings from the White Box, the data recorder on the Oil Water Separator, making it appear that the Oil Water Separator was used in a manner consistent with the statements in the Oil Record Book to conceal that not all of the ship’s oily waste water was properly treated before being dumped overboard.

(Download Factual Basis )

An indictment against former Jefferson Parish Sheriff’s Deputy MARK HEBERT, age 48, was announced today by Roy L. Austin Jr., Deputy Assistant Attorney General for the Civil Rights Division; Dana J. Boente, United States Attorney for the Eastern District of Louisiana; Michael J. Anderson, Special Agent in Charge of the FBI New Orleans Field Office; and Newell Normand, Jefferson Parish Sheriff.

According to the indictment, HEBERT engaged in a scheme to defraud J.P. Morgan Chase Bank from August 2, 2007, until November 21, 2007.  The scheme began when HEBERT, in his capacity as a Jefferson Parish Sheriff’s Deputy, responded to an automobile accident involving Albert Bloch and stole, among other things, Bloch’s VISA debit card.  The indictment alleges that Hebert then used that debit card to make unauthorized purchases of merchandise and to withdraw funds from Bloch’s Chase Bank account using ATMs.  After Chase Bank cancelled the debit card due to Bloch filing a dispute with the bank, HEBERT continued his scheme to defraud by negotiating and attempting to negotiate forged checks drawn on Bloch’s Chase Bank account.  It is also alleged that HEBERT obtained the replacement debit card that Chase Bank sent to Bloch and used that card to make unauthorized transactions at ATMs.

The indictment charges that HEBERT, while acting under color of law, deprived Bloch of his Constitutional rights by seizing and converting funds that Bloch had on deposit with Chase Bank.  In addition, the indictment alleges that HEBERT committed 48 counts of bank fraud from August 2, 2007, to November 21, 2007.  The indictment also charges HEBERT with four counts of computer fraud for accessing the National Crime Information Center to obtain non-public information about Bloch in furtherance of his scheme to defraud.  Furthermore, HEBERT is charged with two counts of aggravated identity theft for using a means of identification of Bloch during, and in relation to, the bank fraud violations.  Finally, HEBERT is charged with five counts of obstruction of justice for knowingly concealing and covering up physical evidence with the intent to impede any investigation into the underlying criminal allegations against HEBERT.

For each of the 48 counts of bank fraud, HEBERT faces a statutory maximum term of imprisonment of 30 years and a $1,000,000 fine.  For each of the five counts of obstruction of justice, HEBERT faces a statutory maximum term of 20 years in prison and a fine of $250,000.  For each of the four counts of computer fraud, HEBERT faces a statutory maximum term of five years in prison and a $250,000 fine.  For each of the two counts of aggravated identity theft, HEBERT faces a term of imprisonment of two years in prison and a $250,000 fine.  For the count charging a civil rights violation, HEBERT faces a statutory maximum penalty of one year in prison and a $100,000 fine. 

An indictment is merely a charge and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt. 

The investigation was conducted by the Jefferson Parish Sheriff’s Office Detective’s Bureau and the FBI with assistance from the St. Tammany Parish Sheriff’s Office.  The case is being prosecuted by Assistant United States Attorney Steve Parker and Civil Rights Division Trial Attorney Shan Patel.

(Download Indictment )

FAFANE DANIEL, age 32, of Fort Lauderdale, Florida, pled guilty before the U. S. District Court Judge Eldon E. Fallon today to violating Title 49, United States Code, Section 46506, assault on an aircraft in flight within the special aircraft jurisdiction of the United States, announced U.S. Attorney Dana J. Boente.

According to court documents, DANIEL was a ticketed passenger traveling with her juvenile child on a Southwest Airlines flight originating in Fort Lauderdale, Florida and terminating in Las Vegas, Nevada.   DANIEL verbally and physically assaulted the passenger seated beside her because she mistakenly believed that passenger injured DANIEL’s child.   Due to this incident, the flight was diverted to New Orleans, Louisiana where DANIEL was taken into custody.

DANIEL will be sentenced on July 11, 2013.  She faces a maximum term of 6 months imprisonment. 

This case was investigated by Special Agents of the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Gregory M. Kennedy.

(Download Factual Basis )

JAIME JAUREGUI, 34,  and CARLOS CABRERA, 42, both of Orlando, Florida, RUBEN JAUREGUI, 24, and FRANCISCO MALDONADO, 46, both of Dade City, Florida, were arrested last Friday (March 22, 2013) and charged by criminal complaint with conspiracy to transport destructive devices (M-60 Grenades) and machine guns (AK 47 fully automatic assault rifles and Colt M-4 automatic assault rifles) in violation of Title 18, United States Code, Sections 371 and 922(a)(4), announced U.S. Attorney Dana J. Boente.

According to previously filed court documents, agents of Homeland Security Investigations in New Orleans received information in January 2012 indicating that JAIME JAUREGUI was interested in acquiring items listed on the United States Munitions List to be smuggled to end users in Mexico.  On at least four occasions from January 2012 through March 21, 2013, JAIME JAUREGUI met with undercover agents in St. Tammany Parish to negotiate the purchase of more than 100 fully automatic assault rifles, grenade launchers, grenades, and night vision goggles, all of which were destined for a Mexican drug trafficking cartel.  JAIME JAUREGUI provided a cash deposit of approximately $46,000.00 during those meetings.  JAIME JAUREGUI hired CARLOS CABRERA, FRANCISCO MALDONADO, and RUBEN JAUREGUI to assist him with transporting the weapons to the final destinations.  None of the men have federal firearms or export licenses.  On March 21, 2013, all were arrested by Special Agents of Homeland Security Investigations.

                                   

CHANEL M. MCGINNIS, age 28, a resident of New Orleans, Louisiana, was charged today in a one-count Bill of Information with embezzlement of mail matter by a postal employee, announced U. S. Attorney Dana Boente.

According to court documents, it is alleged that on or about February 7, 2011, MCGINNIS, while being an employee of the United States Postal Service, did embezzle a first class letter addressed to W.B., a resident of Metairie, Louisiana, containing $450 in United States currency.

If convicted, MCGINNIS faces a maximum term of imprisonment of five (5) years, a fine of $250,000., and three (3) years of supervised release following any term of imprisonment. 

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

The case was investigated by the United States Postal Service- Office of Inspector General.  The case is being prosecuted by Assistant U. S. Attorney Loan “Mimi” Nguyen.

(Download Bill of Information )