Eastern District of Louisiana

U.S. Attorney Duane A. Evans announced that MICHAEL LEVERIDGE, age 45, of Dallas, Texas, pled guilty today to one count of conspiring to traffic 500 grams or more of methamphetamine.  For this offense, LEVERIDGE faces a mandatory minimum sentence of 10 years in prison, a maximum life sentence, a fine of up to $10,000,000 and at least five years of supervised release.  U.S. District Judge Jane Triche Milazzo set sentencing for LEVERIDGE on September 27, 2018.

According to court documents, in 2014, during the New Orleans Decadence Festival, LEVERIDGE traveled to New Orleans with approximately 21 ounces (over one-half kilogram) of a mixture containing methamphetamine.  LEVERIDGE intended to resell the methamphetamine in the New Orleans area.  Agents recovered the 21 ounces of methamphetamine, along with other contraband, during a search warrant of LEVERIDGE’s room at the Bourbon Orleans Hotel in the French Quarter over Decadence Festival weekend.

U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Louisiana State Police in investigating this matter.   Assistant United States Attorney Brandon S. Long is in charge of the prosecution.

United States Attorney Duane A. Evans announced today that the U.S. Attorney’s Office for the Eastern District of Louisiana organized and hosted a seminar for local sheriffs and drug-court judges on the availability of medication-assisted treatment (MAT) as means to combat the crisis of opioid addiction in local prison populations and the larger community. “It is well beyond reasonable dispute that opioid proliferation and addiction are at crisis levels both locally and nationwide,” U.S. Attorney Evans stated. He continued: “Combating this crisis with all available resources is a top DOJ priority.”

Representatives of six parishes in the Eastern District of Louisiana attended the June 27th seminar, which opened with a keynote address from Dr. John Morrison, Medical Director for the Louisiana Department of Public Safety and Corrections. AUSA David Howard Sinkman, the U.S. Attorney’s civil-rights coordinator, next provided an overview of the interaction between the Americans with Disabilities Act (ADA) and the use of MAT in correctional facilities, specialty courts, and other public entities. A panel discussion on the practical aspects of MAT use in prison populations featured testimonials from national experts Dr. Josiah Rich, a professor from Brown University, Dr. Jonathan Giftos, the Clinical Director of Substance Use Treatment at the Rikers Island Correctional Facility in New York, and officials from the Philadelphia Department of Prisons.

A panel of state officials next addressed the use of MAT locally. Featured state officials included: Dr. Janice Petersen from the Louisiana Department of Health and Hospitals, Gary Young and Tracy Falgout from the Louisiana State Penitentiary at Angola, and Kerry Lentini, the Director of the Louisiana Drug Court Program. A final address from Ms. Tara Kunkel, Senior Drug Policy Advisor from the Department of Justice, Bureau of Justice Assistance, highlighted potential grant and funding opportunities available to local providers to institute MAT programs in their respective facilities and courts. An open question-and-answer session concluded the event.

U.S. Attorney Evans commented on the interest in the seminar:

A collaborative, multi-faceted approach is necessary to attack opioid addiction from both supply and demand angles. We set an ambitious agenda to cover medical, legal, practical, and financial aspects of MAT in prisons, but found receptive local partners ready to implement new ideas and strategies.

The United States Attorney’s Office anticipates holding future meetings and possibly implementing a working group to further pursue this initiative. Assistant United States Attorneys David Howard Sinkman and Sharon Smith organized the event.

U.S. Attorney Duane A. Evans announced the availability of approximately $133,879 in Project Safe Neighborhoods (PSN) funds for the Eastern District of Louisiana.  The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), and Bureau of Justice Assistance (BJA) is seeking applications for funding under the Violent Gang and Gun Crime Reduction Program, also known as Project Safe Neighborhoods (PSN).  PSN furthers the Department’s mission and violent crime strategy by providing support to state, local and tribal efforts to reduce violent crime, which includes, firearm crimes and criminal gang violence.

Applicants must register in the OJP Grants Management System (GMS) prior to submitting an application.  The GMS website is https://grants.ojp.usdoj.gov.  All registrations and applications are due by 11:59 pm EST on July 19, 2018.

The FY 2018 PSN Grant Announcement, OMB No. 1121-0329, can be referenced at www.bja.gov/funding/PSNFormula18.pdf. Please visit www.bja.gov/programs/psn for more information on the PSN solicitation.

U.S. Attorney Duane A. Evans announced that KEVIN SAM, age 43, of New Orleans, was sentenced today, by the Honorable Susie Morgan, United States District Court Judge, to a 105 month term of imprisonment, to be followed a three year period of supervised release.  On March 19, 2018, SAM plead guilty to a Superseding Bill of Information charging him with conspiracy to distribute and possession with the intent to distribute heroin, possession with the intent to distribute heroin, and being a felon in possession of a firearm. 

According to court documents, SAM was the target of a narcotics investigation that was investigated by members of the Federal Bureau of Investigation.  Members of the FBI received information that SAM was selling heroin from his residence, located in the 1300 block of Reyes Street in New Orleans, Louisiana.  Agents obtained a search warrant of SAM’s residence and located multiple bags of heroin that were packaged for sale.  A pistol was also located inside of the residence.  SAM, a convicted felon, is prohibited by law from possessing a firearm.  At the time of his arrest, agents, while conducting a pat down of SAM, located additional individually wrapped bags of heroin inside of SAM’s clothing.

In August of 2017, SAM was sentenced to serve 120 month term of imprisonment for his role in a drug conspiracy in the Eastern District of Texas (Beaumont Division). The sentence imposed today will run concurrent with the Texas sentence.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

U.S. Attorney Duane A. Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that U. S. District Judge Nannette Jolivette Brown sentenced TOMMY WAYNE THOMPSON, age 32, of Labadieville, Louisiana, to 85-months imprisonment and four years of supervised release after THOMPSON pled guilty to conspiracy to distribute and possess with intent to distribute cocaine hydrochloride, distribution of 28 grams or more of cocaine base (“crack”), and being a felon in possession of a firearm.

According to court documents, between November 2012, and June 2013, Special Agents of the Drug Enforcement Administration, using undercover agents and confidential sources, made several purchases of cocaine hydrochloride and crack cocaine from THOMPSON in Labadieville, Louisiana.  In May 2013, agents obtained a wiretap of THOMPSON’S telephone and intercepted several telephone calls between THOMPSON and another individual, with whom THOMPSON discussed obtaining and purchasing drugs.  On June 6, 2013, agents executed search warrants at THOMPSON’S residence in Napoleonville, Louisiana and a second residence frequented by THOMPSON in Labadieville.  In the Napoleonville residence, agents located and seized a Lorcin 9mm handgun in a cabinet in the residence.  THOMPSON, who had previously been convicted of a felony, was prohibited from possessing a firearm.  In that same residence, agents seized $68,617.00 in cash from a utility room.  In the Labadieville residence, agents located and seized $5,500.00 in cash from the top of a refrigerator.  In THOMPSON’S vehicle located at the residence, agents found and seized a clear plastic bag containing cocaine hydrochloride.

            U.S. Attorney Evans praised the work of the Drug Enforcement Administration, the Louisiana State Police, and the Assumption Parish Sheriff’s Office Narcotics Division.  Assistant United States Attorney André Jones was in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that ERIC EDWARD ARMSTRONG, age 31, of Anoka, Minnesota, was charged Friday by grand jury indictment with one count of failure to register as a sex offender under the federal Sex Offender Registration and Notification Act (SORNA).

If convicted, ARMSTRONG faces a maximum term of 10 years in prison and a $250,000.00 fine.  He also would have to be sentenced to a term of supervised release of between 5 years and life.

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

U.S. Attorney Evans praised the work of the United States Marshals Service, the Orleans Parish Sheriff’s Office, and the Louisiana State Police in this matter.  He extended his thanks to the New Orleans Police Department and the Orleans Parish District Attorney’s Office for their assistance.  Assistant United States Attorney Matthew Payne is in charge of prosecution.

U.S. Attorney Duane A. Evans announced that RINA PAOLA CONDE GARCIA, age 37, a citizen of Guatemala, was charged Friday in a two-count indictment for false statements made on a passport application, in violation of Title 18, United States Code, Section 1542, and for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).

According to the indictment, on or about April 6, 2017, CONDE GARCIA, applied for a passport and falsely stated that she was born in Puerto Rico, when in fact she was not.  Further, on or about July 24, 2017, CONDE GARCIA was found in the United States after having been officially deported and removed on or about January 4, 2006.

If convicted, CONDE GARCIA faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.

U.S. Attorney Duane A. Evans praised the work of the Department of State’s Diplomatic Security Service in investigating this matter.  Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.

WASHINGTON – The United States filed a civil complaint against Freshy Foods, LLC of Elmwood, Louisiana, its co-owner and Chief Executive Officer Floyd D. James, and its co-owner and President Ida M. James (defendants) to stop them from manufacturing and distributing adulterated food in violation of federal law, the Department of Justice announced today.

According to the complaint, defendants prepare, manufacture, process, pack, label, hold, and distribute refrigerated, ready-to-eat (RTE) food, including sandwiches, wraps, salads, fruit cups, and snack cups.  The complaint, filed in the U.S. District Court for the Eastern District of Louisiana, alleges that the RTE food that defendants prepare, manufacture and/or distribute is adulterated in that it has been prepared, packed, or held under insanitary conditions whereby the food may have been contaminated with filth or rendered injurious to health.  The allegations in the complaint apply to RTE food regulated by the U.S. Food and Drug Administration (FDA). 

The Department filed the complaint at the request of the FDA. 

“The Department of Justice is committed to ensuring that food manufacturers and distributors comply with laws designed to protect consumers,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.  “The Department of Justice continues to work actively with the FDA to ensure that consumers are protected from potentially unsafe food.”  

The complaint alleges that a July 2017 inspection by FDA of Freshy Foods’ facility established that RTE food that defendants prepare, manufacture and/or distribute is adulterated.  Specifically, according to the complaint, FDA found evidence of a resident strain of Listeria monocytogenes (L. mono) in the facility.  The complaint alleges that in addition to the July 2017 inspection, federal and state government agencies have found L. mono in Freshy Foods’ facility or in defendants’ RTE sandwiches on six separate occasions.   

According to the complaint, the Florida Department of Agriculture and Consumer Services (FDACS) found L. mono in one of defendants’ sandwiches in 2013 and in another of defendants’ sandwiches in 2016.  In addition, the complaint alleges that the U.S. Department of Agriculture (USDA) inspected Freshy Foods’ facility in June 2017, collected environmental subsamples from the facility, with three subsamples testing positive for L. mono.  

The complaint states that FDA compared positive L. mono samples collected by FDA in July 2017, April 2017, and April 2016; by USDA in June 2017; and by FDACS in March 2016 and December 2013.  According to the complaint, lab analysis identified a resident strain of L. mono, which has persisted in Freshy Foods’ facility since at least 2013, as well as a second, non-resident strain of L. mono at the facility.

As noted in the complaint, L. mono is one of several bacteria contained within the Listeria species.  According to the complaint, L. mono can causes listeriosis, a disease commonly contracted by eating food contaminated with the bacterium.  The complaint notes that Listeriosis can be serious, even fatal, for vulnerable groups such as newborns and those with impaired immune systems, and that the most serious forms of listeriosis can result in meningitis and septicemia. 

The complaint alleges that defendants violated the Federal Food, Drug, and Cosmetic Act by causing adulterated food to be introduced into interstate commerce or delivered for introduction into interstate commerce.  It also alleges that the defendants further violated the law by causing food to become adulterated while it was being held for sale after the shipment of one or more of its components in interstate commerce.

“Southeast Louisiana is famous for its delicious food and regardless of where it is ultimately consumed, food originating from our District should be safe,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “This complaint furthers the Eastern District of Louisiana’s mission to protect and improve the quality of life for consumers both here and throughout the states where Freshy Foods, LLC’s products are distributed.”

“We have an obligation to make sure that foods are safe for people to consume. The conditions that this company was holding ready-to-eat food in were unacceptable,” said FDA Associate Commissioner for Regulatory Affairs Melinda K. Plaisier. “FDA investigators repeatedly found Listeria monocytogenes at Freshy Food’s facility, and the company should stop operations until they can demonstrate to the FDA that their products are safe.”

The government is represented by Trial Attorney Kathryn Schmidt of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney K. Paige O’Hale of the U.S. Attorney’s Office for the Eastern District of Louisiana, with the assistance of Associate Chief Counsel for Enforcement Anna K. Thompson of the FDA, Office of General Counsel, and Department of Health and Human Services.

A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Eastern District of Louisiana, visit its website at http://www.justice.gov/usao-edla.

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WASHINGTON – The United States filed a civil complaint against Freshy Foods, LLC of Elmwood, Louisiana, its co-owner and Chief Executive Officer Floyd D. James, and its co-owner and President Ida M. James (defendants) to stop them from manufacturing and distributing adulterated food in violation of federal law, the Department of Justice announced today. 

According to the complaint, defendants prepare, manufacture, process, pack, label, hold, and distribute refrigerated, ready-to-eat (RTE) food, including sandwiches, wraps, salads, fruit cups, and snack cups.  The complaint, filed in the U.S. District Court for the Eastern District of Louisiana, alleges that the RTE food that defendants prepare, manufacture and/or distribute is adulterated in that it has been prepared, packed, or held under insanitary conditions whereby the food may have been contaminated with filth or rendered injurious to health.  The allegations in the complaint apply to RTE food regulated by the U.S. Food and Drug Administration (FDA).  

The Department filed the complaint at the request of the FDA.  

“The Department of Justice is committed to ensuring that food manufacturers and distributors comply with laws designed to protect consumers,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.  “The Department of Justice continues to work actively with the FDA to ensure that consumers are protected from potentially unsafe food.”  

The complaint alleges that a July 2017 inspection by FDA of Freshy Foods’ facility established that RTE food that defendants prepare, manufacture and/or distribute is adulterated.  Specifically, according to the complaint, FDA found evidence of a resident strain of Listeria monocytogenes (L. mono) in the facility.  The complaint alleges that in addition to the July 2017 inspection, federal and state government agencies have found L. mono in Freshy Foods’ facility or in defendants’ RTE sandwiches on six separate occasions.   

According to the complaint, the Florida Department of Agriculture and Consumer Services (FDACS) found L. mono in one of defendants’ sandwiches in 2013 and in another of defendants’ sandwiches in 2016.  In addition, the complaint alleges that the U.S. Department of Agriculture (USDA) inspected Freshy Foods’ facility in June 2017, collected environmental subsamples from the facility, with three subsamples testing positive for L. mono.  

The complaint states that FDA compared positive L. mono samples collected by FDA in July 2017, April 2017, and April 2016; by USDA in June 2017; and by FDACS in March 2016 and December 2013.  According to the complaint, lab analysis identified a resident strain of L. mono, which has persisted in Freshy Foods’ facility since at least 2013, as well as a second, non-resident strain of L. mono at the facility.

As noted in the complaint, L. mono is one of several bacteria contained within the Listeria species.  According to the complaint, L. mono can causes listeriosis, a disease commonly contracted by eating food contaminated with the bacterium.  The complaint notes that Listeriosis can be serious, even fatal, for vulnerable groups such as newborns and those with impaired immune systems, and that the most serious forms of listeriosis can result in meningitis and septicemia.  

The complaint alleges that defendants violated the Federal Food, Drug, and Cosmetic Act by causing adulterated food to be introduced into interstate commerce or delivered for introduction into interstate commerce.  It also alleges that the defendants further violated the law by causing food to become adulterated while it was being held for sale after the shipment of one or more of its components in interstate commerce.

“Southeast Louisiana is famous for its delicious food and regardless of where it is ultimately consumed, food originating from our District should be safe,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “This complaint furthers the Eastern District of Louisiana’s mission to protect and improve the quality of life for consumers both here and throughout the states where Freshy Foods, LLC’s products are distributed.”

“We have an obligation to make sure that foods are safe for people to consume. The conditions that this company was holding ready-to-eat food in were unacceptable,” said FDA Associate Commissioner for Regulatory Affairs Melinda K. Plaisier. “FDA investigators repeatedly found Listeria monocytogenes at Freshy Food’s facility, and the company should stop operations until they can demonstrate to the FDA that their products are safe.”

The government is represented by Trial Attorney Kathryn Schmidt of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney K. Paige O’Hale of the U.S. Attorney’s Office for the Eastern District of Louisiana, with the assistance of Associate Chief Counsel for Enforcement Anna K. Thompson of the FDA, Office of General Counsel, and Department of Health and Human Services.

A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Eastern District of Louisiana, visit its website at http://www.justice.gov/usao-edla.

NEW ORLEANS, LOUISIANA – YVONNE WILSON, age 37, of Kenner, Louisiana, was  sentenced yesterday after previously pleading guilty to embezzlement of mail matter by a postal service employee, announced U. S. Attorney Duane A. Evans.

U.S. District Judge Eldon E. Fallon sentenced WILSON to three (3) years’ probation and ordered her to pay restitution in the amount of $1,402.99.

According to court documents, the U.S. Postal Service, Office of Inspector General (USPS-OIG) received information regarding complaints of theft of mail. After further investigation, it was determined that YVONNE WILSON (WILSON), a U.S. Postal Service City Carrier Assistant during this relevant time period, was the postal service employee who might have been involved in the thefts.

On July 14, 2016, a USPS-OIG agent prepared two decoy letters, one being a first class letter addressed to W.P. in Metairie, Louisiana, containing cash in the amount of $115.00, and another first class letter addressed to M.H. in Metairie, Louisiana, containing cash in the amount of $100.00. The agent placed them in the mail stream at the Metairie Main Post Office located at 3301 17th Street, Metairie, Louisiana. Both letters were to be handled and delivered by WILSON as the letters were on her assigned route. USPS-OIG agents maintained surveillance of WILSON as she serviced her assigned route. After they determined that WILSON had opened the decoy letters, the agents approached her, identified themselves, and explained why they had approached her. They also observed a plastic Wal-Mart bag in her postal vehicle containing the two open decoy letters. WILSON admitted that she had opened the decoy letters, took the cash from the letters, and placed the $215.00 cash in her wallet.  

The case was investigated by the United States Postal Service- Office of Inspector General, and prosecuted by Assistant United States Attorney Loan AMimi@ Nguyen.

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IRVIN MAYFIELD, age 40, and RONALD MARKHAM, age 39, both residents of New Orleans, Louisiana, were charged by a federal grand jury in a 23 count superseding indictment for conspiracy, wire fraud, mail fraud, money laundering, and obstruction of justice, announced U.S. Attorney Duane A. Evans.

Adding two counts of wire fraud and two counts of money laundering, the superseding indictment alleges that MAYFIELD and MARKHAM transferred and caused to be transferred $139,793.48 from the New Orleans Public Library Foundation (NOPLF) in addition to the unlawful transfers detailed in the December 14, 2018 indictment and accompanying press release. The superseding indictment further alleges that the NOPLF funds were used for additional New Orleans Jazz Orchestra (NOJO) operating expenses, NOJO salary payments for the defendants, expenses related to NOJO’s Gala, $20,000 in payments to a booking agency for a performance in Chicago, Illinois, and $12,793.94 for another stay by MAYFIELD at the Ritz Carlton in New York.

If convicted, the defendants face five years of imprisonment as to Count 1, 20 years of imprisonment as to Counts 2 through 8, ten years of imprisonment as to Counts 9 through 22, and 20 years imprisonment as to Count 23. All counts also carry a possible $250,000 fine.   

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

The case was investigated by the Federal Bureau of Investigation and the New Orleans Inspector General’s Office and is being prosecuted by Assistant U. S. Attorneys G. Dall Kammer, Deputy Chief of the Fraud Unit, Brandon Long, and Hayden Brockett.

U.S. Attorney Duane A. Evans announced that KENZIE FAULK, age 58, of New Orleans, was sentenced on June 14 by United States District Court Judge Nannette Jolivette-Brown to credit for time served, for violating federal gun and drug laws.  The United States Attorney’s Office charged KENZIE FAULK with possessing a firearm while being a convicted felon and conspiracy to possess marijuana with the intent to distribute. 

According to court documents, on October 16, 2016, FAULK, a convicted felon, attempted to board a Southwest Airlines flight, departing from Louis Armstrong New Orleans International Airport, while he was in possession of a fully loaded revolver.  TSA personnel located the weapon in a bag that FAULK was attempting to carry aboard the plane, which was destined to Los Angeles.  TSA personnel became aware that a gun was inside of the bag when the TSA x-ray scan machine alerted to its presence. TSA agents confiscated the gun prior to FAULK boarding the plane.

In the days following his arrest, members of the FBI learned that FAULK was trafficking marijuana though the U.S. postal service.  FBI agents conducted a search of FAULK’s residence and located a wooden crate that had been shipped from Los Angeles to New Orleans.  After executing a search warrant, FBI agents located and confiscated three cellophane wrapped packages of high-grade marijuana inside of the crate, which was addressed to FAULK.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

U.S. Attorney Duane A. Evans praised the work of the Federal Bureau of Investigation and the TSA in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that RAMIRO MARTINEZ-RAMIREZ, age 42, a native of Mexico, was sentenced on June 15, 2018, to time served by U.S. District Court Judge Susie Morgan for illegal reentry of a removed alien.

In addition to being sentenced to time served, MARTINEZ-RAMIREZ was sentenced to one year of supervised release.

U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement – Enforcement and Removal Operations in investigating this matter.  Assistant United States Attorney Chandra Menon was in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that MICHAEL PENN, age 41, of Tickfaw, was sentenced on June 13 by United States District Court Judge Susie Morgan to a term of imprisonment 72 months for violating a federal drug law, conspiracy to distribute and possession with the intent to distribute heroin. 

According to court documents, PENN was the target of a narcotics investigation that was investigated by members of the Drug Enforcement Administration and the Hammond Police Department.  On five separate occasions, PENN sold heroin to an undercover officer with the Hammond Police Department at various locations within the Hammond area.  Each transaction was audio and video recorded.

U.S. Attorney Duane A. Evans praised the work of the Drug Enforcement Administration and the Hammond Police Department in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that DWAYNE LABRANCH, a/k/a “Mondo,” a/k/a “Black,” age 35, of New Orleans, pled guilty on June 18 to one count of conspiring to distribute and to possess with intent to distribute heroin and fentanyl; one count of conspiring to possess firearms in furtherance of drug trafficking; and one count of discharging a firearm in a school zone. 

On LABRANCH’s drug conspiracy count, LABRANCH is facing a mandatory minimum sentence of 10 years’ imprisonment, a maximum sentence of life, a possible fine of up to $8,000,000, and at least eight years of supervised release upon his release from prison.  On the firearm conspiracy count, LABRANCH is facing a maximum sentence of 20 years’ imprisonment, a possible fine of up to $250,000, and not more than three years of supervised release.  On the discharging a firearm in a school zone count, LABRANCH is facing a maximum sentence of 5 years’ imprisonment, a possible fine of up to $100,000, and not more than one year of supervised release. 

U.S. District Judge Sarah S. Vance will sentence LABRANCH on October 3, 2018.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

U.S. Attorney Evans praised the work of the FBI New Orleans Gang Task Force (NOGFT), which led this investigation and was assisted by the Drug Enforcement Administration, New Orleans Police Department, St. Tammany Parish Sheriff’s Office, Jefferson Parish Sheriff’s Office, and the Orleans Parish District Attorney’s Office.  Assistant United States Attorneys Brandon S. Long, David Haller, and Edward Rivera are in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that Andre Lion Goncalves Pereira (“PEREIRA”), age 29, a citizen of Brazil, pleaded guilty on June 14 before U.S. District Judge Sarah S. Vance to aggravated identity theft.

According to the court documents, Pereira and three other Brazilian nationals were arrested by members of the Louisiana Financial Crimes Task Force at a hotel in the Algiers neighborhood of New Orleans on August 3, 2017.  Federal and state law enforcement officers found the defendants in possession of re-encoded credit cards that contained stolen debit card information from actual customers.  These individuals also possessed embossers, encoders, ATM skimmers, false identification, and other contraband.  In a coordinated investigation in Oklahoma City, U.S. Secret Service agents arrested another Brazilian national who had been mailing skimmers, pinhole cameras, and other tools for credit card fraud to the four New Orleans-based members of this conspiracy.

Pereira pleaded guilty to one count of aggravated identity theft in violation of Title 18, United States Code, Section 1028A.  He faces a mandatory sentence of two years in prison, one year of supervised release, and a $250,000.00 fine or a fine equal to the greater of twice the gross gain or twice the gross loss caused by this offense.  Judge Vance scheduled the sentencing for September 12. 2018.

U.S. Attorney Evans praised the agencies that contributed to this investigation, which was a coordinated effort among federal and state law enforcement authorities within the Louisiana Financial Crimes Task Force.  The Task Force includes representatives from the U.S. Secret Service, the U.S. Postal Inspection Service, the Louisiana Attorney General’s Office, the Jefferson Parish Sheriff’s Department, and the New Orleans Police Department.  U.S. Attorney Evans thanked the U.S. Secret Service Oklahoma City Field Office and the Midwest City, OK Police Department for their assistance.  Assistant United States Attorney Matthew Payne is in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that JOSE DECIDERIO ALVARADO-CARDOZA, age 31, a citizen of Honduras, was sentenced Thursday, June 14, after pleading guilty to a one-count indictment charging him with illegal reentry of a removed alien after deportation, in violation of Title 8, United States Code, Section 1326(a).

United States District Judge Sara S. Vance sentenced JOSE DECIDERIO ALVARADO-CARDOZA to six months in prison and ordered him to pay a $100 special assessment fee.  The defendant will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.

According to the indictment, on February 26, 2018, ALVARADO-CARDOZA was found to have reentered the United States after he was been previously deported on January 8, 2011.

U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter.  Assistant United States Attorney Spiro Latsis is in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that JETTY HUI age 44, of New Orleans, Louisiana was sentenced yesterday in U.S. District Court by U.S. District Judge Nannette Jolivette Brown, to three (3) years probation, announced U.S. Attorney Duane A. Evans. 

According to court documents, on February 28, 2018, JETTY HUI (HUI) pled guilty to a one count Indictment charging him with making false statements to the FBI, in violation of Title 18, United States Code, Section 1001.  HUI was a business owner of Cabinets and Countertops Direct in Lakeview.  After the April 20, 2010, Deepwater Horizon explosion, HUI submitted documentation of losses to his business to the Deepwater Horizon Oil Spill Trust. Those losses were fraudulent and were only submitted to facilitate a refund.  On December 2, 2010, HUI received approximately $72,500 in funds. In May 2012, HUI was interviewed by the FBI.  He made statements regarding the veracity of his claim for those funds, indicating to the FBI that the losses were real, when in fact they were not.

HUI was also ordered to pay $72,500 in restitution to British Petroleum (BP).

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation.  The prosecution of this case was handled by Carter K. D. Guice, Jr., Assistant U.S. Attorney, Disaster Fraud Coordinator for the U.S. Attorney’s Office.

U.S. Attorney Duane A. Evans announced that ROBERT GLENN HENNESSY, age 65, a resident of Bayonne, New Jersey, was charged in a four count indictment with violating the Lacey Act.

According to the indictment, on four occasions between March 18, 2016 and June 14, 2017, ROBERT GLENN HENNESSY, did knowingly import, export, transport, sell, receive, acquire, and purchase in interstate commerce Louisiana box turtles having a value in excess of $350.00 knowing that the turtles were taken, possessed, transported, and sold in violation of and in a manner unlawful under Louisiana law.  Louisiana law requires that all persons engaged in the sale of native reptiles and amphibians collected in Louisiana must possess a license, and that all persons taking reptiles or amphibians, whether recreationally or commercially, and persons involved in the reptile and amphibian industry, including wholesale/retail dealers and transporters be licensed.  As regards box turtles, Louisiana law states that no box turtles, box turtle eggs or parts shall be sold, traded or otherwise entered into commerce, and there shall be no taking of wild box turtles for commercial purposes. 

If convicted, ROBERT GLENN HENNESSY faces a maximum penalty per count of not more than 5 years imprisonment, a fine of up to $250,000.00, and three years supervised release after imprisonment.

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

U.S. Attorney Evans praised the work of the United States Fish and Wildlife Service, Office of Law Enforcement, the United States Postal Inspection Service, and United States Department of Homeland Security, Homeland Security Investigations, in investigating this matter.   He also thanked the United States Attorney’s Office for the District of New Jersey for their assistance. The prosecution is being handled by Assistant U.S. Attorney Emily K. Greenfield and Jon Maestri.

U.S. Attorney Duane A. Evans announced that VINCENTIA ROQUES (“ROQUES”), age 40, of New Orleans, Louisiana, was charged Wednesday, June 13, 2018 in a Bill of Information with Access Device Fraud.

According to documents filed in federal court, ROQUES worked part-time as a bookkeeper and office manager for several businesses located within the Eastern District of Louisiana. As the bookkeeper, ROQUES gained access to passwords and account numbers related to accessing bank accounts associated with each business. ROQUES also obtained direct access to financial account information and identifiers that permitted her to conduct unauthorized financial transactions with the money and credit accounts belonging to her employers.

The maximum penalty for access device fraud is ten years of imprisonment, and/or a fine of $250,000 or the greater of twice the gross gain to the defendant or twice the gross loss to the victim. 

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

U.S. Attorney Evans praised the work of the United States Postal Investigative Service in investigating this matter. Assistant United States Attorney, Richard R. Pickens, II is in charge of the prosecution.

NEW ORLEANS – U.S. Attorney Duane A. Evans announced that MARVIN OYUELA LOPEZ, age 31, a citizen of Honduras, was sentenced yesterday after pleading guilty to a one-count indictment for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).

U.S. District Court Judge Lance Africk sentenced MARVIN OYUELA LOPEZ to six months in jail and ordered him to pay mandatory special assessment of $100.00.  Additionally, MARVIN OYUELA LOPEZ was also placed on supervised release for one year.  The defendant will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.  

According to court documents, on January 8, 2018, MARVIN OYUELA LOPEZ was found in the United States after having been previously deported from the United States on December 10, 2013.

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

NEW ORLEANS – U.S. Attorney Duane A. Evans announced that ELMER JAVIER ACOSTA-MEJIA, age 27, a citizen of Honduras, pleaded guilty yesterday to a two-count indictment for violations of the Federal Gun Control Act.

According to the indictment, ELMER JAVIER ACOSTA-MEJIA, an alien illegally present in the United States, possessed of two firearms. ELMER JAVIER ACOSTA-MEJIA is prohibited from possessing any firearm because he is an alien illegally in the United States.

At sentencing, which is currently set for, September 13, 2018, ELMER JAVIER ACOSTA-MEJIA faces a maximum term of imprisonment of not more than ten (10) years, a fine of $250,000.00, and a mandatory special assessment of $100.00.  Additionally, ELMER JAVIER ACOSTA-MEJIA is subject to a period of supervised release after imprisonment of up to three years.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

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

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U.S. Attorney Duane A. Evans announced that Ronys Osorto-Osorto, age 35, a citizen of Honduras, was charged today in a one-count indictment for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).

According to court documents, on or about May 31, 2018, Ronys Osorto-Osorto was found in the United States after having been officially deported and removed on or about October 8, 2015. If convicted, Ronys Osorto-Osorto faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.

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

NEW ORLEANS – U.S. Attorney Duane A. Evans announced that PATRICK STEPHEN, age 37, a resident of Harvey, Louisiana, was sentenced yesterday after previously pleading guilty to one count of distributing cocaine base, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).

U.S. District Judge Carl J. Barbier sentenced STEPHEN to a term of imprisonment of 120 months, 8 years of supervised release, and a $100 mandatory special assessment.

According to court documents, STEPHEN sold approximately 57.1 grams of cocaine base to a confidential source in exchange for $2,500.

U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorneys Shirin Hakimzadeh and J. Ryan McLaren are in charge of the prosecution.

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U.S. Attorney Duane A. Evans announced that ADRIAN ROBLES, JR., age 38, and FRANCISCO RUIZ, age 42, were sentenced yesterday after being charged by an indictment with violating the Federal Controlled Substances Act.

According to court documents, RUIZ and ROBLES, along with three others, were arrested in November 29, 2016 with fifteen kilograms of cocaine hydrochloride while conducting a drug transaction in the parking lot of a Walmart in Houma, Louisiana. 

ROBLES was sentenced to 102 months imprisonment and five years of supervised release.  RUIZ was sentenced to 40 months imprisonment and three years supervised release.  Three more defendants will be sentenced as part of the same conspiracy. 

U.S. Attorney Evans praised the work of the Drug Enforcement Agency, Louisiana State Police, Customs and Border Patrol, Jefferson Parish Sherriff’s Office, and the Terrebonne Parish Sherriff’s Office in investigating this matter. Assistant U.S. Attorneys David Haller and James S. C. Baehr are in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that KEITH A. JAMES, age 27, of New Orleans, pled guilty yesterday to being a felon in possession of a firearm.   U.S. District Judge Martin L.C. Feldman set JAMES’s sentencing on September 26, 2018. 

According to court documents, JAMES was found in possession of a firearm on July 11, 2017, after pleading guilty in 2008 to three counts of armed robbery and three counts of purse snatching in the Criminal District Court for the Parish of Orleans.  JAMES faces a maximum prison term of 10 years to be followed by a three year term of supervised release.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime-reduction strategy that incorporates the lessons learned since PSN launched in 2001.

U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco and Firearms and Louisiana Probation & Parole.  Assistant United States Attorney Michael McMahon is in charge of the prosecution.

NEW ORLEANS – U.S. Attorney Duane A. Evans announced that HAROLD McARTHUR, age 33, of New Orleans, pleaded guilty today before U.S. District Court Judge Carl J. Barbier to one count of failure to register as a sex offender under the federal Sex Offender Registration and Notification Act (SORNA).

According to court documents, On about August 26, 2010, McARTHUR was convicted in 2010 of indecency with a child (sexual contact) in Harris County, Texas.  He was sentenced to 6 years with the Texas Department of Criminal Justice Department of Corrections and required to register as a sex offender for life.

Since at least 2016, McARTHUR registered as a sex offender in Harris County, Texas, claiming a residential address in Katy, Texas.  However, federal and state law enforcement officers determined that McARTHUR actually had been residing in New Orleans, since at least July 2017.  McARTHUR was arrested at his residence in New Orleans on April 18, 2018, by members of the U.S. Marshal’s Gulf Coast Regional Fugitive Task Force.

McARTHUR faces a maximum term of 10 years in prison and a $250,000.00 fine.  He also would have to be sentenced to a term of supervised release of between 5 years and life.  Judge Barbier scheduled McARTHUR’s sentencing for September 6, 2018.

U.S. Attorney Evans praised the work of the United States Marshals Service, the Orleans Parish Sheriff’s Office, and the Louisiana State Police in this matter.  He extended his thanks to the New Orleans Police Department and the Orleans Parish District Attorney’s Office for their assistance.  Assistant United States Attorney Matthew Payne is in charge of prosecution.

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United States Attorney Duane A. Evans announced that ROBERTO UMANA-ROSA, age 46, a native of Honduras, was sentenced today after pleading guilty to a one-count indictment for illegal reentry of a removed alien.

United States District Court Judge Nannette Jolivette Brown sentenced UMANA-ROSA to time served (11 months) and ordered him to pay a $100 special assessment fee. The defendant will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.

According to court documents, on June 13, 2017, UMANA-ROSA was found in the United States after having been previously removed from the United States on October 15, 1998.

U.S. Attorney Evans praised the work of Immigration and Customs Enforcement agents in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that FERNANDO PEREZ-YOK, age 26, a citizen of Guatemala, pleaded guilty to a one-count bill of information with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326(a).

According to the bill of information, FERNANDO PEREZ-YOK reentered the United States on or about March 8, 2018, after having been previously removed therefrom on or about May 29, 2012.

If convicted, FERNANDO PEREZ-YOK faces a maximum term of imprisonment of two years, a fine of up to $250,000.00, one year supervised release after imprisonment, and a $100 special assessment.  U.S. District Judge Carl J. Barbier set sentencing for August 2, 2018.

The United States Department of Homeland Security, Immigration and Customs Enforcement in investigated this matter.  Assistant United States Attorney Irene González is in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that ROT VAN NGUYEN, a/k/a “Minh Dung,” a/k/a “Minh Dung Duong,” age 56, of San Jose, California, was sentenced today to one year and one day in prison by U.S. District Court Judge Carl J. Barbier for failing to register as a sex offender under the federal Sex Offender Registration and Notification Act (SORNA).

According to court documents, NGUYEN was convicted in California in 2009 for lewd or lascivious acts on a child under 14 years of age, a violation of California Penal Code Section 288(a).  After his release from prison, NGUYEN was obligated to register as a sex offender for life.  In November 2015, while he was on probation, NGUYEN cut off a GPS monitor required by California Parole and absconded from supervision.  He remained at large until December 12, 2017, when members of the U.S. Marshals Task Force and Louisiana State Troopers apprehended NGUYEN at a casino in New Orleans.  After his arrest, NGUYEN admitted to living in Houma prior to moving to New Orleans, and that he was aware of his obligation to register as a sex offender in Louisiana pursuant to SORNA.  He was initially arrested on charges of violating Louisiana state registration laws until the matter was charged in federal court.

In addition to being sentenced to one year and one day in prison, NGUYEN also was sentenced to five years of supervised release.

U.S. Attorney Evans praised the work of the United States Marshals Service and the Louisiana State Police in this matter.  He extended his thanks to California Division of Parole Operations, the Orleans Parish Sheriff’s Office, and the Orleans Parish District Attorney’s Office for their assistance.  Assistant United States Attorney Matthew Payne is in charge of prosecution.

ELBERT MOORE, age 36, of Houma, Louisiana, was sentenced today before the Honorable Susie Morgan. MOORE was charged by way of a bill of information with violating the Federal Controlled Substances Act.

According to the court records, MOORE conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a quantity of a mixture or substance containing a detectable amount of cocaine, and a quantity of a mixture or substance containing a detectable amount of methamphetamine. MOORE admitted to being captured on a Title III wire intercept. 

MOORE was sentenced to 120 months in the Bureau of Prisons and eight years of supervised release following his release from prison.   

This case was investigated by Special Agents of the Drug Enforcement Administration (DEA).  The prosecution is being handled by Assistant United States Attorney David Haller.

ELBERT MOORE, age 36, of Houma, Louisiana, was sentenced today before the Honorable Susie Morgan. MOORE was charged by way of a bill of information with violating the Federal Controlled Substances Act.

According to the court records, MOORE conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a quantity of a mixture or substance containing a detectable amount of cocaine, and a quantity of a mixture or substance containing a detectable amount of methamphetamine. MOORE admitted to being captured on a Title III wire intercept. 

MOORE was sentenced to 120 months in the Bureau of Prisons and eight years of supervised release following his release from prison.   

This case was investigated by Special Agents of the Drug Enforcement Administration (DEA).  The prosecution is being handled by Assistant United States Attorney David Haller.

U.S. Attorney Duane A. Evans announced that Miguel Ortiz-Guevara, age 42, a citizen of Honduras, pleaded guilty today to a one-count indictment for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).

According to court documents, on or about April 16, 2018, Miguel Ortiz-Guevara was found in the United States after having been officially deported and removed on or about September 29, 2011.

After accepting his guilty plea, U.S. District Judge Jay C. Zainey sentenced Miguel Ortiz-Guevara to time served, ordered him to serve one year of supervised release, and pay a special assessment of $100.  Miguel Ortiz-Guevara will be surrendered to the custody of U.S. Immigration & Customs Enforcement for removal proceedings.

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

JOSE ALBERTO SANTOS-MONTALVAN, age 42, a citizen of Honduras was sentenced yesterday after pleading guilty to a one-count indictment for illegal use of a Social Security number, in violation of Title 42, United States Code, Section 408(a)(7)(B).

According to court documents, SANTOS-MONTALVAN used a social security number that was not assigned to him by the Social Security Administration to register for a safety training course that he was required to complete before he could begin working for a local construction company on various job sites in the local area.

U.S. District Court Judge Eldon E. Fallon sentenced SANTOS-MONTALVAN to a sentence of time served.  Following the completion of his sentence, SANTOS-MONTALVAN will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.

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

A Federal Grand Jury sitting in New Orleans returned an 11-count  indictment against MARC JESSE ESTES charging approximately $414,982 in fraud, announced U. S. Attorney Duane A. Evans.

Specifically, ESTES, age 43, Corpus Christi, TX was indicted for conspiracy to commit wire fraud and eleven counts of wire fraud related to his employment with Texas Steam  & Instrumentation Company (Texas Steam), a corporation related to Louisiana Steam Equipment Company, a Louisiana company located in New Orleans. As Executive Vice President, ESTES joined with two Texas companies to defraud Texas Steam through a scheme to have Texas Steam or Louisiana Steam pay false invoices generated by the two Texas companies. The Texas companies then kicked back funds to ESTES by paying for fraudulent invoices from Industrial Sales, a company operated by ESTES. ESTES also used another company he owned and operated, Tru-Line Builders, to pass fraudulent invoices through Texas Steam. The scheme spanned from 2007 until 2014 and resulted in a fraud to Texas Steam and Louisiana Steam of approximately $414,982.

If convicted, ESTES faces a possible maximum sentence of 20 years imprisonment and a $250,000 fine on each count.

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

The ongoing investigation is being conducted by Special Agents of the Federal Bureau of Investigation.  The case is being prosecuted by Assistant United States Attorney Patrice Harris Sullivan.

U.S. Attorney Duane A. Evans announced that JAMES BRIANT, age 68, a resident of Covington, Louisiana and mortgage broker and senior loan officer at Alpha Mortgage, LLC was charged today with making false statements to the Social Security Administration in order to obtain Social Security Disability Payments.

According to the Bill of Information, from on or about June 10, 2010, the defendant, JAMES BRIANT, applied for disability benefits from the Social Security Administration, a department and agency of the United States, for a back disorder and heart disease. Thereafter, in December of 2011, he began receiving monthly disability benefits of approximately, $2,370, based on the representation that he was unable to work. During the time he received disability payments, the defendant, JAMES BRIANT, had an obligation to report any income he made to the SSA.

At a time unknown, but prior to September 2012, the defendant, JAMES BRIANT, began working as a loan officer and mortgage broker at Alpha Mortgage, L.L.C, earning a salary. He worked there through in or around June 2017 and never reported to the SSA that he was working or earned any income. On or about December 15, 2015, BRIANT completed a Social Security Disability form and submitted it to the SSA, an SSA-Form 795, “Statement of Claimant.” In this statement, he signed and certified, under penalty of perjury that he had not worked since 2011, knowing full well that this statement was materially false, fictitious, and fraudulent.

U.S. Attorney Duane A. Evans stated that a Bill of Information is merely an accusation and that the guilt of the defendant must be proven beyond a reasonable doubt.

This case is being investigated by the Social Security Administration, Office of Inspector General. Assistant U.S. Attorney Sharan E. Lieberman is in charge of the prosecution.

NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced the return of a two-count superseding indictment charging two Columbians, JHONNY RODRIGUEZ ALVAREZ, age 35, and ARIEL CALVO HENAO, age 51, two Ecuadorians, HECTOR RAFAEL GOMEZ LIMONES, age 37, VICENTE LOPEZ MERO, age 60, and five Peruvians JESUS JUSTO TASA CERVANTES, age 64, BORIS WISMARK VERGARA MONCADA, age 53, WILMER ROJAS MILLAN, age 46, WALTER REYNALDO VIERA SULLON, age 44 and EDISON OMAR OTERO CRUZ, age 25, with conspiracy to import into the United States 5 kilograms or more of cocaine and conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, while on board a vessel subject to the jurisdiction of the United States.  If convicted, each of the defendants faces a mandatory minimum sentence of 10 years, up to a maximum penalty of life in federal prison for each count.  

According to the superseding indictment and other documents filed in the case, the defendants were on a large container vessel interdicted by the U.S. Coast Guard in international waters south of Costa Rica.  After extensive searching, law enforcement found a hidden compartment inside a ballast tank on the vessel.  Inside the hidden compartment, law enforcement located approximately 3,400 kilograms of cocaine.  When interdicted, the vessel was headed toward Ensenada, Mexico, which is approximately 50 miles south of the U.S. border.

“Homeland Security Investigations is highly focused on stopping cross-border drug trafficking as these individuals and organizations show a complete disregard for the violence and destruction that often accompanies the sale and use of these highly addictive drugs,” said Special Agent in Charge of Homeland Security Investigations New Orleans Jere T. Miles. “The boldness of this criminal group’s efforts to smuggle more than a ton of cocaine into the country showed a callous disregard for public safety and seriously underestimated the dedication of HSI and its law enforcement partners to identify and seek prosecution of those engaged in this criminal conspiracy.”

 A superseding indictment is merely a formal charge that a defendant has committed a violation of federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Drug Enforcement Administration, with assistance from the United States Coast Guard. This case is being prosecuted by Assistant United States Attorney David Haller.

U.S. Attorney Duane A. Evans announced that DAWN CONRAVEY, age 37, of New Orleans, pled guilty yesterday to participating in a methamphetamine distribution conspiracy throughout the New Orleans area.  Specifically, CONRAVEY pled guilty to conspiring to distribute and possess with intent to distribute 50 grams or more of a mixture of methamphetamine.  CONRAVEY faces a mandatory minimum sentence of 5 years in prison, a maximum sentence of 40 years in prison, a fine of up to $5,000,000 and at least 4 years of supervised release.  

U.S. District Judge Ivan L.R. Lemelle set sentencing for CONRAVEY on September 12, 2018. 

According to court documents, during the timeframe of this conspiracy, codefendant Steven LYONS was a major methamphetamine distributor in the New Orleans area.  LYONS obtained methamphetamine by U.S. Mail and other means from several sources, including codefendants Carlos Mario CANTU-COX and Christopher CANTU-COX in Texas (who also supplied Anna THOMPSON); Eric WILLIS in Texas; Trung PHAM in California; and Garrett TEMPLETON in Louisiana.   Codefendants Tommy WELLS, Clark McALPIN, Dwayne CLAUSE, and CONRAVEY acted as sellers or brokers of methamphetamine for LYONS in the New Orleans area. 

U.S. Attorney Evans praised the work of the United States Postal Inspection Service, Louisiana State Police, Amtrak Police, and St. Bernard Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Brandon Long is in charge of the prosecution.

NEW ORLEANS –U.S. Attorney Duane A. Evans announced today that a federal grand jury in the Eastern District of Louisiana has indicted TERRY MADISON, III, age 22, for the robbery of Walmart Money Center in Hammond, Louisiana, on April 14, 2018. If convicted, MADISON faces a maximum sentence of twenty years in prison.

MADISON is accused of robbing the Walmart Money Center of $3,448.10, and then fleeing the location.

U.S. Attorney Evans stated that an indictment is only an allegation, and that the defendant is presumed innocent unless and until proven guilty. 

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

U.S. Attorney Evans also praised the work of the Federal Bureau of Investigation’s New Orleans Violent Crime Task Force.  Assistant U.S. Attorney Myles Ranier is handling the prosecution.

U.S. Attorney Duane A. Evans announced that JOSE ARTEAGA-CENTENO, age 44, a native of Mexico, pled guilty yesterday to a one-count Indictment charging him with illegal entry of a removed alien.

According to court documents, ARTEAGA-CENTENO was previously removed from the United States on March 24, 2013. He was later found in the Eastern District of Louisiana on March 8, 2018, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.

ARTEAGA-CENTENO faces a maximum term of imprisonment of ten years, a fine of $250,000, three years of supervised release, and a $100 special assessment fee.  U.S. District Judge Martin L.C. Feldman set sentencing for September 19, 2018.

U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that U. S. District Judge Eldon E. Fallon sentenced FRANK GARDNER, age 54, of Houston, Texas, to 48 months’ imprisonment and one year of supervised release after GARDNER pled guilty to conspiracy to distribute and possess with intent to distribute one hundred grams or more of cocaine hydrochloride.

According to court documents, on February 11 2015, Louisiana State Troopers conducted traffic stops on two vehicles in Hammond, Louisiana headed eastbound on Interstate 10.  In one vehicle were two individuals, identified as Derrick Wesley and James Williams.  Driving the second vehicle was an individual identified as Quardarell Robinson.  All three individuals were from Florida.  After issuing Wesley and Robinson, the drivers of the respective vehicles, traffic citations, the Troopers obtained probable cause to search both vehicles.  Inside the vehicle driven by Wesley, Troopers found seven kilograms of cocaine hydrochloride and $47,990.00 in cash.  Also in both vehicles were vehicle rental documents.  The documents revealed that Robinson rented the vehicle driven by Wesley and that Wesley rented the vehicle driven by Robinson.  After seizing the drugs and money, the Troopers arrested all three individuals.

Further investigation by Special Agents of the Drug Enforcement Administration revealed that Williams, Wesley and Robinson were returning from Houston, Texas where they met with GARDNER, who arranged the drug transaction.  Agents also learned that GARDNER had arranged three prior cocaine transactions with Williams, Wesley, and Robinson.

U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Louisiana State Police in investigating this matter.  Assistant United States Attorneys André Jones and Nicholas D. Moses were in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that JOSE MARTINEZ-OSWALDO, age 33, a citizen of Honduras, pleaded guilty today to a one-count Bill of Information for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).

According to the court documents, MARTINEZ-OSWALDO was found in the United States on or about February 21, 2018, after having been previously removed on October 15, 2012.

At sentencing, MARTINEZ-OSWALDO faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment. Sentencing is set for July 12, 2018 before United States District Judge Jane Triche Milazzo.

U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Michael M. Simpson is in charge of the prosecution.

U.S. Attorney Duane A. Evans announced that RANDY M. KILEY, SR. (“KILEY”), age 64, of Baton Rouge, Louisiana, former Sergeant Major in the Louisiana Army National Guard, pled guilty today to one count of making a false statement to the Louisiana Army National Guard.    

According to court documents, KILEY misrepresented his marital status to the Louisiana Army National Guard to receive increased Basic Allowance for Housing and Family Separation Allowance pay. Specifically, KILEY knowingly submitted false documents to receive pay to which he was not entitled.

In or about July 2005, KILEY and his former spouse divorced and KILEY failed to immediately notify officials at the Louisiana Army National Guard of the change in his marital status as required.  In or about November 2012, KILEY submitted forms requesting Basic Allowance for Housing and Family Separation Allowance pay and falsely claimed that he was either married or not divorced. Based on these misrepresentations, which KILEY knew to be false at the time, he received more Basic Allowance for Housing and Family Separation Allowance pay than he was entitled.

KILEY faces a possible sentence of up to five (5) years of imprisonment, a $250,000 fine, and/or three years of supervised release.  KILEY will be sentenced on September 6, 2018 by United States District Court Judge Jane Triche Milazzo.

U.S. Attorney Duane A. Evans praised the work of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service in investigating this matter. Assistant U.S. Attorney Julia K. Evans is in charge of the prosecution.

JILL ANDRAS LEBLANC a/k/a JILL FREMIN, 41, of Thibodaux, Louisiana, was sentenced in federal court today by U.S. District Judge Lance M. Africk to serve 100 months in federal prison, pay $383,201 in restitution and serve three years of supervised release after she is released from prison for one (1) Count of wire fraud and one (1) Count of theft of government funds, announced U. S. Attorney Duane A. Evans.

LEBLANC was charged by a Superseding Bill of Information on December 19, 2017.  LEBLANC stole several hundred thousand dollars from her mother's retirement account.  More specifically, the defendant was appointed power of attorney on October 29, 2008 for her mother who was terminally ill with cancer.  The defendant's father, an oil field worker, had accumulated a substantial individual retirement account (IRA) during his working life.  He passed away in 2005.  This investment account was managed by a national brokerage house whose home offices are in Minneapolis, Minnesota.  During the defendant's administration of her mother's account, she stole approximately $369,701.00 from the account and spent it on personal, frivolous items.

LEBLANC also stole a Social Security disability check meant for her disabled sister in the amount of $13,500. 

LEBLANC faced a possible maximum statutory sentence of twenty (20) years imprisonment on the wire fraud count, and/or a fine of $250,000 and up to three (3) years of supervised release.  On the theft of government property, she faced ten (10) years incarceration.

The case was investigated by the Internal Revenue Service, Criminal Investigation, the Lafourche Parish District’s Attorney’s Office, and the Louisiana State Inspector General.  The case was prosecuted by Assistant United States Attorney Carter K. D. Guice, Jr. of the Fraud Unit.

United States Attorney Duane A. Evans announced that MARCIA DENISE JORDAN, age 47, a resident of Mandeville, was sentenced today after pleading guilty to a one-count indictment for tax evasion, in violation of Title 26, United States Code, Section 7201.

United States District Court Judge Ivan L.R. Lemelle sentenced JORDAN to 5 years of probation and ordered her to pay $313,899 in restitution to the Internal Revenue Service.

According to court documents, JORDAN willfully attempted to evade tax due and owing for tax year 2011, by filing a false IRS form 4868 (Application for Automatic Extension of Time to File U.S. Individual Income Tax Return), which falsely stated that her total estimated tax liability was $0 and that she had made $10,000 in payments to the IRS, despite knowing that she had received $493,266 in taxable income that year. JORDAN then failed to file a tax return for the 2011 tax year.

U.S. Attorney Evans praised the work of IRS-Criminal Investigations, United States Secret Service, and the Slidell Police Department in investigating this matter. Assistant United States Attorney Jon Maestri and DOJ Tax Division Trial Attorney Grace Albinson are in charge of the prosecution.

United States Attorney Duane A. Evans announced today that DONALD TROSCLAIR, age 56, of Jefferson, Louisiana, was charged on Friday, June 1, 2018, in a one-count Indictment with receipt of images and videos depicting the sexual exploitation of children, including children as young as approximately two years old.  Trosclair was taken into custody on June 4, 2018.

If convicted, TROSCLAIR faces a mandatory minimum term of imprisonment of five (5) years and a maximum term of imprisonment of twenty (20) years, followed by up to a lifetime of supervised release, and a $250,000 fine.  He can also be required to register as a sex offender.

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

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

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and its Violent Crimes Against Children Task Force, including representatives from the Kenner Police Department, Jefferson Parish Sheriff’s Office, and Louisiana State Police.  The case is being prosecuted by Assistant United States Attorney Jordan Ginsberg.

U.S. Attorney Duane A. Evans announced that JUAN CARLOS MOSQUERA-AMARI, age 46, of New Orleans, ALEXANDER MURIEL-DIAZ, age 52, of Houston, Texas, LUIS RAMOS GRAVEDEPERALTA, age 60, of Kenner, CARLOS ALBERTO GONZALEZ VALENCIA, age 36, of Houston, Texas, STEVEN DUNCAN, age 45, of Metairie, JOSE ANTONIO VALVERDE-CHACON, age 37, of Houston, Texas, JOHN JONES, age 43, of New Orleans, HARVEY VICTORIA-CUELLAR, age 38, of Houston, Texas, RODNEY ROBINSON, age 60, of New Orleans, JAVIER CONTRERAS-CASTILLO, age 26, of Houston, and GERARD HARRISON, age 30, of New Orleans were charged in a four-count second superseding indictment with conspiracy to distribute heroin, in violation of Title 21 United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846.  ROBINSON was charged with one count of distribution of heroin.  JONES was also charged with being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1).  HARRISON was also charged with possession of a firearm during and in relation to a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A)(i).

According to the second superseding indictment, the defendants conspired with each other and others between July 19, 2017 and June 1, 2018, to distribute and to possess with the intent to distribute more than one kilogram of heroin. 

In addition, according to the second superseding indictment, on April 5, 2018, JONES possessed three firearms, a Glock Model 27, .40-caliber semiautomatic firearm, a Ruger Model P89, 9mm firearm, and a Ruger Model SR22, .22 caliber firearm.  JONES had previously been convicted in the United States District Court for the Eastern District of Louisiana of a felony offense.    

Furthermore, the second superseding indictment charges that HARRISON possessed an Anderson Manufacturing Model AM-15 rifle and a Glock Model 22, .40-caliber firearm in furtherance of the drug conspiracy.

If convicted of the drug conspiracy, the defendants face a mandatory minimum of 10 years imprisonment, a maximum term of imprisonment of life, a fine of up to $10,000,000, at least 5 years of supervised release after imprisonment, and a mandatory $100 special assessment.

If convicted of distribution of heroin, ROBINSON faces a maximum penalty of 20 years imprisonment, a fine of up to $1,000,000, at least 3 years of supervised release after imprisonment, and a mandatory $100 special assessment.

If convicted of being a felon in possession of a firearm, JONES faces a maximum penalty of 10 years imprisonment, a fine of up to $250,000, up to three years of supervised release after imprisonment, and a mandatory $100 special assessment. 

If convicted of possessing a firearm in furtherance of a drug trafficking crime, HARRISON faces a mandatory minimum of five years imprisonment and a maximum term of imprisonment of life, a fine of up to $250,000, up to five years of supervised release after imprisonment, and a mandatory $100 special assessment. 

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

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Drug Enforcement Administration in investigating this matter.  Assistant United States Attorneys Jonathan L. Shih and Maria M. Carboni are in charge of the prosecution.

On the 500th day of the Trump Administration, Attorney General Jeff Sessions and U.S. Attorney for the Eastern District of Louisiana Duane A. Evans announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.

In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.

“Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements,” said Attorney General Jeff Sessions. “We have a saying in my office that a new federal prosecutor is 'the coin of the realm.'  When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades.”

In the Eastern District of Louisiana, one (1) additional AUSA will be hired for this position.  The AUSA will be tasked with affirmative civil enforcement, with an emphasis on health-care fraud and opioid diversion matters. U.S. Attorney Evans commented: “This district has historically enjoyed a robust criminal and civil health-care fraud practice. In addition to combating the opioid crisis in Louisiana, this additional AUSA will help us expand outreach efforts with federal agencies and community partners to increase the quality and quantity of civil referrals.”

Five men have been charged in New Orleans with crimes related to illegally exporting birds protected under the Convention on International Trade in Endangered Species (CITES) from the United States to Taiwan.  William McGinness, 59, of Buena Park, California; Paul Tallman, 55, of Destreham, Louisiana; Rene Rizal, 62, of La Mirada, California; Wayne Andrews, 46, of Royal Oaks, California and Alex Madriaga, 76, of Buena Park, California; were each indicted in federal court in the eastern District of Louisiana today.

On May 31, 2018, a five-count indictment was returned charging McGinness, Tallman, Rizal, Andrews and Madriaga with conspiracy to smuggle CITES-protected birds from the United States to Taiwan. McGuinness was also charged with smuggling birds to Taiwan and three counts of making and submitting false records under the Lacey Act, and Tallman was charged with smuggling and one count of making and submitting false records under the Lacey Act.

The indictment alleges, among other things, that McGinness, a resident of California, and his co-conspirators created false statements and submitted them to the United States Fish and Wildlife Service (USFWS) in order to illegally export CITES-protected birds from the Port of New Orleans to Taiwan. The shipment included 90 CITES-protected birds, including parrots, macaws, cockatoos and corellas. Several of the birds were in crates that were falsely labeled. The USFWS seized 14 of the birds at the airport in Houston, Texas before they were exported. 

The indictments were announced today by Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division, and Acting Assistant Director Edward Grace of the Office of Law Enforcement for the U.S. Fish and Wildlife Service.

 “These indictments demonstrate our commitment, shared with the U.S. Fish and Wildlife Service, to investigate and prosecute those engaged in illegal trade of protected animals,” said Acting Assistant Attorney General Wood. “We will continue to collaborate with our partners at the federal, state and local levels to prosecute wildlife smuggling.”

"Today’s indictments were the result of a complex investigation into the wildlife trafficking of protected birds,” said Acting Assistant Director Grace. “Wildlife trafficking is a serious crime that is detrimental to species around the world. I am very proud of our special agents and wildlife inspectors who helped bring these defendants to justice."

The United States and approximately 182 other countries are signatories to CITES, which provides a mechanism for regulating international trade in species whose continued survival is threatened by such trade. Species are listed on “appendices,” based on the level of protection necessary to protect the species. 

The case was investigated by the USFWS and the Justice Department’s Environmental Crimes Section. The government is represented by Environmental Crimes Section Trial Attorney Mary Dee Carraway.

ADRIAN CONTRERAS-VARELAS, age 18, a citizen of Mexico pleaded guilty today to a one-count indictment for illegal use of a Social Security number, in violation of Title 42, United States Code, Section 408(a)(7)(B).

According to court documents, CONTRERAS-VARELAS used a Social Security number, which was not assigned to him by the Social Security Administration, to register for a safety training course that he was required to complete before he could work for an insulation contractor.

CONTRERAS-VARELAS’s sentencing immediately followed his guilty plea.  United States District Judge Jane Triche Milazzo sentenced him to time served.

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